Loading...
18(~) CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven J. Alexander, City Manager FROM: Jane Tompkins, AICP, Planning Director Agenda Item No.: ,."If 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(BL "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. Members of the board shall be appointed by the mayor, with the advise and sonsent of the sity sommission. 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 aAY 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 dQirector of building Planning and ~~oning shall keep a record of meetings missed and advise the e,CIty e,Commission 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. .. \ * * * T~: ~~oposed ordinance amendment will now make the appropriate changes regardi~g appointments, other necessary corrections, and will reduce the quorum requirement to four (4), 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[l].docx C) n~ 3 4 5 6 ORDINANCE NO. ______ _ 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 .. 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 20 21 22 _ 23 C )24 .... 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CJ:~ WHEREAS, the inability of five (5) members to attend has, at times, caused the cancellation of a Planning Board meeting which causes a hardship to theapplic~nts whose applications cannot move forward without the Board's recommendation; and WHEREAS, this proposed amendment to section 20-6.1 (B) was reviewed by the Planning Board on October 11, 2016 and the Board recommend approval by a vote of four to one, with the condition that the quorum number not be changed since they were concerned that an item would not advance to the City Commission if there was a tie vote; and WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to adopt this ordinance to address the problems described above. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20-6.1(B), "Planning Board," of the City's Land Development Code, is hereby 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. Members of the board shall be appointed by the mayor, with the advice and consent of the city commission. 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. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '* '* '* v. The aQirector of building Planning and ~loning shall keep a record of meetings missed and advise theG,Qity G,Qommission and the member being removed that such member has been automatically removed. '* * * (4) Procedures. (a) Quorum and voting. i. A quorum shall be five (5) 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 C) () u C) 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 BA-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, recommen 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 city 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 without, of a not-for-profit community based organization for the purpose of . influence without special compensation. Individuals who wish to view or liste meeting can be found on the city's I. Call to Order II. Roll Call City Staff Absent: City Attorney: Mr. Thomas Pepe III. Administrative Matters videGtversiolns of the .••..•..... Mr. 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 s Land Development m requirements for rd appointments are made. Mr. ntradict the Charter. Mr. Pepe 0 rum for the Planning Board, ng it up to the City Commission e 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 The Board then on on how the City Commission appoints board members. The Chairperson opened the floor to public comments on PB-16-029. II None at this time The Chairperson closed the floor to public comments on PB-16-029. Motion: Dr. Philips moved to approve PB-16-029 with the amendment that the quorum stay at l) 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. VII. Motion: Mr. the motion. VIII. Adjournment Mr. Greiner adjourned the meeting at 8:26 P.M. nges. Mr. Greiner seconded 3 8SE I NEIGHBORS I SUNDAY NOVEMBER 6)016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE l,s HEREllY ginn lh<%1 the City Cl)nunis~ion 01 the City oj Slllllh MiamJ, Plollda will nlOduct Puhlk Hl'aring(~) al ih 1'c£1IIa1" Cit) ClImmj.,-;,un m,:oclill~ 'jchrJukd for TU{'.~da~·, Novrmhcr 15, 2016. brginninc! al 7.{J(1 p.m .. in the ell, Commls~i(ln Chamt>er\, 01 ~tJ Sun~N D'I\"('. \(\ cnnsider the foll\lwmg Item(!» A RC~llllllh'n atuhnrizing-IJw City ~'l<I.nag('r III rwcure (.nline rc!!i~tfillitm mudult' of ReCPro with R.C. Sy~lcm".l})(:. A R('~oluU(lfl authori,oll!, the-elly Manager 10 pUrdl'll.:C MkJt)~\'fl3(i5 ~oJtwarc ,mil enter intu £I lkcl)!"lnJ! aglccn~nl with Sill lnlematjnnal ('orr .. an aulh(lfi/.('d t:l'ntractor for MU':WliOft. lhr(,ugh 11 piggyhad.. wllh the Slah~ !1rFlnllda ('onl1ad No. 4.~200I)U-l:)·02 A Resolution aUlhoriljng tilt' City Mllnagcr hI purrha):l' Check Point lirt'w'-'U ):ofl\\ flit' nPllli:mre from CnmpUljllljl TCl;hnul"gic~. LLC. an (Il1tl!uli.lcJ n:-.. cll~1 tlf Chcd P(,int LTD. thruugh a JlI!',gyhm:k with th(' Slate uf l .... lar~,lantJ Conlriu:t No 060B2490tJ~2 An ()Hll1lill]~l' amcndlllJ! Ih!.' Land J)en-Iupmcllt Cmh·, Artkle VJ. Secli!)1l2fl·6.1. and l'lhl'r applieabk PHWISI(lliS. Itl de lin" Ihe term "k~~ n:slrkth'"'' <I" it ap)llif.'.~ III thl' \'lltin!! relJujren1t'nl~ vf tht' Cily C\,nm1i .. "ion An OrdinanCl' wl(;aling ami :lhmHlonin!! i\ pmtion lif SW K2 Slrt~('l lnnn' flllly dl'.~l'fipl~d in a leJ!al (les('ripl1nn herem. liUhjetllo JcrlaiJl t()lI(\iLiom, Indll(hng Ihe pre~ervuti(lJI 011111 Cil.',cmcnl. ~ ( An Or(!lIlan~c amending Scdion :2.0·1'\ lj)lllIe ('ity .1!" ,snnth ~1iilmi Land Dt'\'c!l\pmcnt tode. In make ttlrrcdion .. and 10 amend thl' mcmbl'rship and qt1l'rum rcqt1lr\'m~nl<; flIT Ihe Plmming Board. An Ordin:Jn('{' ollll.'nding the. Chopler 2. Article 1. Ser.:lion 2·2.1 (B). (C) and It) 1 and ~ Iv nl\llhly Iht, c<lpi1aliwllllll of key won,h and 1ft aJd r('quir~'m~nts luI' Sunshine r..1cl'tinp An Or(\in:Ul("C illllelhll11g Ihe Cify uf South Miami L(l1I(\ Dc\'cl,)pmCnl Arlitk VI. S.;-ctiuu20.6.I(B) (4) (aJ iii \(1 provide for ,I rC(;l)1ll1J](~1Hliltit)n ollhe Pl:llHlinf H(lanl wh~'n Ille Bnard h dCllllhwk.'d, ALL mlcrcsicli paTlie~ arc invit~d 1(1 aUl'ntl anll WIll I'll' heard. for ftn1ht'r infonnlliion, plca~c 1.'onloctllll' ell), CIt'lk's OJlll'C al. 30S·663·(i340. Maria M. Mt'ne-nueL Cr>,'lC Cuy Clerk PIlHunnll" Fk>l!J~ S~~i!.ll.·~ :~6 U!O.~, II);' ('n,V h.'I'chy nd\1'~s Ik rublic lhal Jr:l !"'Iwn ikcid"s In nrr~:,J :m}' dl·d~I,'n m:.d~ I.y IIll1l1~~rd. A1!cncy ,~.( \'mmissltln wJlh r~'f"~,·II., 4ny Il!Hlkr c"ml.kwl ~I i!-lJ1~dJh~ "I b,·~nn.u. b,' "1 ~hc \\!ltD"c,1 ~ le,l,r.1 .'J Ib~ rrl ... ·c~lhnF, ahlllh~1 f"J ~(j"h rIl11'<1«', ,tlk.1C.t f"~Nln 1I1.!.1 hCI'd I" cr·\llI~ Ih;'1 J I cr";,1i1l1 U.'ll'rr! ul lh~ 1'J(.:t~,hng~ il mnd~ II'lm.b r~",lf(l i1';']u.l~1 Ib~ ICllim"ny aliI! ~\'hl~Jlrc Ill'"n v.bleh the al'l'~:,l i\ 1(0 Ix: \lase!! CRIME WATCH Miami-Dade Police offer tools to cut crime RY CARMEN GONZALEZ CALDWELL Special to The Miami Herald This week I want to share with you some great tools offered by Miami- Dade Police, which can help you not only be safe but also better informed. These tools can help pre- vent crime, help solve crimes and help you know what is going on in your immediate area: NEW MIAMI-DADE POLICE CELLPHONE APP Many crime watchers are using the new COP (Com- munity on Patrol) app, a great tool for reporting everything from crimes to suspicious incidents. Just go to Apple or Android app store and search for Com- munity on Patrol. MIAMI-DADE COUNTY SEXUAL OFFENDER & PREDATOR SEARCH Any Florida resident who has been couvicted of a sexual offense (including anyone convicted in another state) must register as a sexual offender with the office of the local sheriff. In the case of Miami-Dade County, that is the Miami- Dade Police Department. Sexual offenders must dL~­ close where they live, and must notify the police when they relocate. This infomm- Miami-Dade Police's new Community on Patrol cell phone app. tion is entered into the Sexual Predator/Offender database of the Florida Department Law Enforce- ment. Members of the pub- lic can search this database at http://gisweb.miami dade.gov/sexoffenders/ and detem1ine whether they or their children, in their rou- tine activities (walking from the bus stop, biking to a friend's house, or going to the maU) are likely to en- counter these offenders. MIAMI-DADE COUNTY'S CRIME VIEW COMMUNITY Miami-Dade County's Crune View Communitv is an online tool at . http://www.crime mapping.com/map/fi/ miami-dadecOlmty, which residents can use to keep themselves illfonned about crime in the areas of interest to them, such as near their home, business or other places they frequent. Users can sign up to re- ceive automated email alerts about recent criminal events in specific areas. While this online tool works in all areas of unincorporat- ed Miami-Dade, it doesn't work in some of the munici- palities. Residents should check with their local gov- ernment to see if a similar service is offered by that mW1icipality. HOMICIDE BUREAU - COLD CASE SQUAD Advances in technology and forensics have given a boost to the work of Miami- Dade Police's Cold Case o Squad. However, despite scientific advances and the work of these detectives, there are about 2,000 cold cases that remain unsolved. Maybe YOll know something that can help solve one of these crimes. To learn about these cases, go online to http://www.miami dade.gov/police/cold- cases.asp. Perhaps you can help bring justice to the families of these victims. MIAMI-DADE POLICE ON SOCIAL MEDIA Follow MDPD on Twit- ter at https://twitter.com/ MiamiDadePD and visit the department on YouTllbe at www.yolltube.com/user/ mdpdmedia. Carmen Caldwell is execHtive director of Citizens' Crime Watch of Miami-Dade. Send feedback and news for t/lis cO/limn to carmen@'citizenscrime Il'atcil.org, or call her at 305-470-1670. MiAfliH IDA!L Y IBUS~f\!ESS IREV~EW Published Daily except Saturday. Sunday and Legal Holidays MiamI. Miami-Dade County. Florida STATE OF FLORIDA COUNTY OF f\~IAIViI-DADE: NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-NOV. 15.2016 In the XXXX Court was published In said newspaper in the issues of 1110412016 Affiant further says that the said Miami Daily Business Review is a . . newspaper published at MiamI. In said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida each day (except Saturd S d . . ay. un ay and Legal Holidays) and has been entered as second class mad matter al the post office In Miami in said rVllami-Dade C t FI 'd oun y on a,. for a penod of one year next precedino the first publication of the attached copy of advertisement: ~and affianl further says thai he or she has neither paid nor promised any person, firm or corporal Ion any discount. rebale. commission Or refund for the purpose of securing this advertisement for P"""'''''~.7 P:' -~~"'-j'-' =UV''--------_ Sworn to and subscribed before me this 4 day of ~_OVEMBER A.D. 2016 / ..... , l./ ,:Li{(Z ;?kL~::.:il(·'2,i!ii-'(,<~" (SEAL) OCTELMA V. FERBEYRE personally known to me ©O'il'if @[¥I ~@()jJ'iTtf.l IMdU£fMilll W1©'ll~©~ @il" I?lUll~.Hb~© co(Jr@bti~nfl~@ NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, November 15, 2016, beginning at 7:00 p.m, in the City Commission Chambers, 6130 Sunset Drive, \0-consider the following item(s): A Resolution authorizing the City Manager to procure online registration module of ReCPro with R.C. Systems, Inc. A Resolution authorizing the City Manager to purchase Microsoft 365 software and enter into a licensing agreement with SHI International Corp., an authorized contractor for Microsoft, through a piggyback with the State of Florida Contract No. 4320000-15-02. A Resolution authorizing the City lv1anager to purchase Checl, Point firewall software appliance fmm Compuquip Technologies, LLC, an authorized reseller of Check Point LTD, through a piggyback with the State of Maryland Contract No. 06082490022. An Ordinance amending the Land Development Code, Article VI, Section 20-6.1, and other applicable provisions, to define the term "less restrictive" as it applies to the voting requirements of the City Commission. An Ordinance vacating and abandoning a portion of SW 82 Street more fully described in a legal description herein, subject to certain conditions, including the preservation of an easement. An Ordinance amending Section 20-6.1 of the City of South Miami 'Land Development Code, to make corrections and to amend the membership and quorum requirements for the Planning Board. An Ordinance amending the, Cilapter 2, Article I, Section 2-2.1 (8), (C) and (C) 1 and 2 to modify the capitalization of key words and to add requirements for Sunshine Meetings. An Ordinance amending the City of South Miami Land Development Article VI, Section 20-6.1 (8) (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocl,ed. ALL interested parties are invited tei attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings IS made which record includes the testimony and evidence upon which the appeal is to be based. 11/4 16-133/0000168486rVI