14THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA: Steven J. Alexander, City Manager
FROM: Jane Tompkins, AICP, Planning Director
Agenda Item No. :--R Date: November 1, 2016
SUBJECT:
An Ordinance amending Section 20-6.1 of the City of South Miami's land Development Code
to make corrections and to amend the membership and quorum requirements for the
Planning Board.
BACKGROUND:
The Land Development Code (LDC) includes provisions regarding the appointment of members
and quorum requirements for the Planning Board. More specifically, the LDC gives the authority
to appoint members to the Mayor and requires five (5) of the seven (7) members be present to
constitute a quorum .. At one time, these provisions were similar to those found in the City
Charter. In 2014, the Charter provisions for appointment were changed to give each
Commissioner an appointment and the requirement for five (5) members to establish a quorum
was removed. The LDC, however, was not amended to reflect these changes to the Charter.
ANALYSIS:
Section 20-6.1(B), "Planning Board," of the City's Land Development Code will be amended to
read as follows:
20-6.1-Administrative entities.
* * *
(B) Planning Board.
(1) Establishment and Membership.
*
(a) There is hereby created a local planning agency to be known as the South Miami Planning
Board.
(b) The board shall be comprised of seven (7) members who reside in the city.
*
i. MembeFS of the board shall be appointed by the mayor, with the advice and
consent of the city Gommission. In accordance with the City Charter. Article II. Section
8. A, each City Commissioner shall appoint one person to serve as a representative
on the Board and all aRV other members of the Board shall be appointed by three (3)
affirmative votes of the City Commission based on recommendations submitted by
any City Commissioner.
*
Planning Board Membership and Quorum Requirements Text Amendment
November 1, 2016
Page 2 of 2
v. The €I.Qirector of building Planning and ~~oning shall keep a record of meetings
missed and advise the s,Qity s,Qommission and the member being removed that such
member has been automatically removed.
* * *
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be ~ four (4) members.
* * *
"
The proposed ordinance amendment will now make the appropriate changes regarding
appointments, other necessary corrections, and will reduce the quorum requirement to four
(4L which is a majority of the board. At times, meetings have been cancelled due to a lack of
quorum, and that causes a hardship for applicants who applications can't move forward
without the Board's recommendation. Reducing the quorum requirement to four increases the
likelihood that a meeting will be held.
PLANNING BOARD ACTION:
The Planning Board reviewed and held a public hearing on the item on October 11, 2016. The
Board members expressed concerns about the impact of a tie vote if the quorum was reduced
to four members. A motion to approve the ordinance without the change in quorum was
approved on a vote of 4 -1.
RECOMMENDATION:
It is recommended that the City Commission approve the proposed amendment to the Land
Development Code after second reading.
Attachments:
• Draft Ordinance
• Excerpt of draft Planning Board meeting minutes.
JKT
Macintosh HD:Users:salexander:Desktop:PB-16-029 PB Membership Text Amendment Report[lj.docx
1 ORDINANCE NO. ______ _
2
3 An Ordinance amending Section 20-6.1 of the City of South Miami's Land Development Code
4 to make corrections and to amend the membership and quorum requirements for the
5 Planning Board. _
6
7 WHEREAS, Section 20-6.1 of the City's Land Development Code ("LDC") provides for the
8 establishment of the South Miami Planning Board; and
9
10 WHEREAS, Section 20-6.1 of the LDC also provides requirements for a quorum of the Planning
11 Board; and
12
13 WHEREAS, the provisions regarding the appointment of members conflicts with an amendment
14 to the City Charter; and
15
16 WHEREAS, the City Charter was also amended in 2014 to remove the requirement that five (5)
17 members of the Planning Board be present to constitute a quorum; and
18
19 WHEREAS, the inability of five (5) members to attend has, at times, caused the cancellation of a
20 Planning Board meeting which causes a hardship to theapplic~nts whose applications cannot move
21 forward without the Board's recommendation; and
22
23 WHEREAS, this proposed amendment to section 20-6.1 (B) was reviewed by the Planning Board
24 on October 11, 2016 and the Board recommend approval by a vote of four to one, with the condition
25 that the quorum number not be changed since they were concerned that an item would not advance to
26 the City Commission if there was a tie vote; and
27
28 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to adopt this
29 ordinance to address the problems described above.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
32 SOUTH MIAMI, FLORIDA:
33
34 Section 1. Section 20-6.1(B), "Planning Board," of the City's Land Development Code, is hereby
35 amended to read as follows:
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20-6.1 -Administrative entities.
* * *
(B) Planning Board.
(1) Establishment and Membership.
(a) There is hereby created a local planning agency to be known as the South Miami
Planning Board.
(b) The board shall be comprised of seven (7) members who reside in the city.
i. Members of the board shall be appOinted by the mayor, 'Nith the advioe and
consent of the oity oommission. In accordance with the City Charter, Article II, Section
8, A, each City Commissioner shall appoint one person to serve as a representative
on the Board and all aA¥ other members of the Board shall be appOinted by three (3)
affirmative votes of the City Commission based on recommendations submitted by
any City Commissioner.
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* * *
v. The a,Qirector of building Planning and ~loning shall keep a record of meetings
missed and advise the s,Q,ity s,Q,ommission and the member being removed that such
member has been automatically removed.
* * *
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be fi.ve....(a} four (4) members.
* * *
Section 2. Codification. The provisions of this ordinance shall become and be made part of the
Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
be renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST: APPROVED:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
Page 2
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, October 11, 2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that aI/lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies to aI/ persons who are retained with or
without compensation to influence any action, decision, with the city, including the
city manager, city attorney, department heads, city personnel, or the city commission or members oj
any city board, concerning a matter that could foreseeably be ity commission or a city board. There
are some exceptions and exemptions. The fol/owing are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present information at public meetings,
representatives of a neighborhood association tives of a not-for-profit
community based organization for the purpose of influence without special
compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. Call to Order
II. Roll Call
City Staff Absent:
City Attorney: Mr. Thorn
III. Administrative Matters
'jorc:in"'lc of the
r. Greiner (Chairman), Ms. Fischer (Vice-
Director) and Mr. Marcus Lightfoot (Senior
Ms. Tompkins informed the Board that the November Planning Board meeting was on the same
day as the General Election. Because of that she asked the Board if they wanted to reschedule the
meeting. After discussing possible dates, the Board elected to reschedule their November meeting
for Thursday, November 10, 2016.
1
Dr. Philips asked if the Chair can make motions on items before the Board. Mr. Pepe responded
that when it is a small body, the Chair has the same rights and privileges as any other member on
the board.
Mr. Greiner asked if the LDC Comp Plan Workshop has been scheduled. Mrs. Tompkins responded
no but will inform the Board once a date has been selected.
Mr. Basu asked if there was an item submitted for the Shops at Sunset Place, of which staff stated
yes. Mr. Basu then stated that because this item will eventually come before the Board, it would be
a good idea remember the Sunshine Law.
IV. Public Hearings
1. PB-16-029
Applicant: City of South Miami
An Ordinance amending Section
Code to make corrections and to
the Planning Board.
Ms. Tompkins presented the
Land Development
requirements for
rd appointments are made. Mr.
-nn,f'r::>t'I'ct the Charter. Mr. Pepe
orum for the Planning Board,
it up to the City Commission
pie is that there could be a tie vote and the
that the motion may not fail but could go to
that if there was a tie vote, there wouldn't be
concept of requiring a recommendation for an item.
could approve the ordinance with the exception of keeping the
ed yes.
The Board then ussion on how the City Commission appoints board members.
The Chairperson opened the floor to public comments on PB-16-029 .
• None at this time
The Chairperson closed the floor to public comments on PB-16-029.
Motion: Dr. Philips moved to approve PB-16-02.9 with the amendment that the quorum stay at
five (5). The motion was seconded by Ms. Fischer.
2
Vote: Yes 4, No 1 (Basu)
Mr. Basu: No
Dr. Philips: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
. Mr. Melow: Yes
V. Public Comments/New Business
The Chairperson opened the floor to public comments and any new business.
Public Comments Section
No comments from the public.
New Business Section
No New Business from the Board
. The Chairperson closed the floor to public com
VI. Approval of the Minutes
1.
nges. Mr. Greiner seconded
the motion.
VII.
VIII. Adjournment
Mr. Greiner adjourned the meeting at 8:26 P.M.
3