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20n l) ORDINANCE NO. ______ _ 2 3 An Ordinance amending the City of South Miami Land Development Article 4 VI, Section 20-6.1(B) (4) (a) iii to provide for a recommendation of the 5 Planning Board when the Board is deadlocked. 6 7 WHEREAS, the City's Land Development Code usually requires that an 8 application must receive a recommendation from the City's Planning Board before the 9 application may be approved by the City Commission; and 10 11 WHEREAS, the City may desire to reduce the quorum needed by the Planning 12 Board from five members to four members; and 13 14 WHEREAS, the Planning Board may be deadlocked if the number of members 15 necessary for a quorum is an even number or even if the quorum is an odd number, a 16 deadlock may occur when the number of member's present is six; and . 17 18 WHEREAS, section 20-6.1 (B) (4) (a) iii does provide that, as to all items that go 19 before Planning Board, the Board shall transmit its recommendation to the City 20 Commission within 45 days and that if the Board has not reached a decision on the item 21 before the expiration of such 45-day time period, then the item shall be transmitted 22 forthwith to the City Commission with a "No Comment" recommendation. Even if this 23 provision can be interpreted to include a situation when the.Board is deadlocked, it would 24 delay the transmittal to the City Commission by 45 days. 25 26 WHEREAS, the Planning Board has, or will have, reviewed this proposed 27 ordinance before the enactment of this ordinance. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. Article VI, titled "ADMINISTRATION AND ENFORCEMENT", 33 Section 20-6.1(B) (4) (a) iii of the City of South Miami's Land Development Code is 34 hereby amended and shall read as follows: 35 36 20-6.1 -Administrative entities. 37 38 39 * * * (B) Planning Board. * * * 40 (4) Procedures. 41 (a) Quorum and voting. 42 1. A quorum shall be five (5) members. 43 ii. A majority vote of the members present shall be required to pass upon any 44 matter on which the board is required to act under this Code. . 45 111. Recommendations on all items before the B.board shall be transmitted to 46 the Ceity Ceommission within forty-five (45) calendar days of the time that the item first Page 1 of2 appears on a regularly scheduled BBoard agenda. If the aBoard has not reached a decision f\ 2 on the item Before it during said forty-five (45) day period, or if the Board has reviewed \. ) 3 the application and is deadlocked, then the item shall be transmitted forthwith to the 4 Ceity Ceommission with a "No Comment" recommendation. 5 6 7 8 9 10 * * * Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. 11 Section 3. Severability. If any section, clause, sentence, or phrase of this 12 ordinance is for any reason held invalid or unconstitutional by a court of competent 13 jurisdiction, this holding shall not affect the validity of the remaining portions of this 14 ordinance or the Guidelines adopted hereunder. 15 16 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and 17 all sections and parts of sections of ordinances in direct conflict herewith are hereby 18 repealed. 19 ·20 Section 5. Effective Date. This ordinance shall become effective upon 21 enactment. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 , 38 39 40 PASSED AND ENACTED this __ day of ,2016. ATTEST: APPROVED: CITY CLERK 1st Reading 2nd Reading MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Welsh: Commissioner Liebman: Commissioner Edmond: Commissioner Harris: CITY ATTORNEY Page 2 of2 (~) u 8SE I NEIGHBORS I SUNDAY NOVEMBER 6 2016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HERERY t!iven that th~ Cily Commission 01 the City I'. SOlllh Mtami.l'lOlida \Vm ("'Ilnduc:t Pllhik Hcann!!b:) al il'; r~gular Cil) Cummh~l\Jn m'::Ning ~t:h('Jukd for Tu('~Ja.v. Nu\'rmhcr 15. 2t11fl, heginning al 7.(10 p.m .. in the Clly Cmmm .. ~i(ln Chamber~, 61~U SunsN Drive. II) cnnsi!kr Ihl!' r('II(~wmg J!CIll(~)' A Re~llhJlh'n allihorilin~ Iht' City Managl'f III pH'cUre l.nline fl!'gi~lratilm llludult~ 01 Rt:CPro with R.C. System'i, Illc. A Rc~olulj()f1 authorizlnJ; the ell), MarJagcr to purdlll<;c MklO<;\lfl365 <;oltwon' 1Jnd C'IJlcr into a lkcminv.-aglcemcnt \\-"jth 5111 lUlcmational Corp .. an aUllwri/.('d t'l'nlractor for ~·lH;rf1~flft. through a piggyhad wllh thc' Sillh' ,.1 Fk,nda C(Jllln!!:1 Nn.4.r:WUOO-15·02 A Rc~oluli()n ilulhmiling tht' Cil)' Miinager tn pllldlll:-:t' Cheek Point fircwnU ):oftwill"t' nppJj[lD('c from Cf)mpuljl1ip Tcdmol"gic'i, LLC. Ull <lUlhulI/.CJ re'iclk, ,II Ched .. Puint LTD. through a Jllf.gyhad wilh Ih(' Slate uf 1\'lar~'I,Ulu Conlrucl t-.:n tJlJOIQ4900~2. An Orumml.:e :mR:lldm~ the Lllnd Den-Iupmelll Coue. Atlkk VI. Sccli\\11 20·6.1, flllU l\th~'r f1pplkahk· jlWVIS!i.llIS. Itl Jelinl' Iht' term "kss If;'Sul( live" a~ Illlpplil'~ Inlht' "illin,!!. requireml'nts t.f Iht' City Cilmmi .. ~ion. An Ordinance vacating :mrJ nbamll)ninJ! a rorlion lIt" SW K2 Street mix\.' iull)' lk~t"tit"led in a legill desCnrli{\n hl'rdn. :<.uh.iccIIlIccflaill cOlldiliiln~, 1Ill'llltllllf, Ihl' prl'!-ervlIII(lU oj IIll Cil.'>cmcnl. An Onll1lllllce amenJm.~ ~ecLi\ln 2(1·(> I .. Ilhl' ('ity ,',]" South ~1iil1ni Lrm.! Devcl'\lllm:nl tilde. \\1 Inal..e cmn:c1iun'i fltH! to :nnend lhc member.ship .md qll1'nnn n"qUlr~'lllenl'i for Ihe Plnnnil1g Bllllnl. An Ordinance amending thr. Chaptl'r 2. Arlitle L Section 2-2.1 ([I). (C) lmJ Ie) J lmd'2 III Dli1dlJy tilr capitatiZ:J!liIfl of kcy wunl'i and 1(, aJd r('quir\'mcnt~ ti'l" Sumhinr 1<.k\'tillgs ) ( An Ordinance mnrlh!lllg Ihe City of S.,.uth Mi(lllli Land Dcvcl~)pmCnl Alliele VI. Scl"lioll 20-6. J I.E) (4) «(I) iii li\ provhk for a rcn'mJJJ(~lHJalh'n I)f Ihe Pk,llnlng Board wh~'n till" BI)arl!l .. \lcfl\lJ{l("ked. I'Ll. intctl.'slcd paTtle" arc jn\"jl~'d III aUt'utl ami Will ill" heard. Fnr furlht']" infvnnlliion, plca:;t' l"\mlntt Ihl' Cit) Ck'rk's Ol1lce at: 305·(i63·(i3~O. Mnria M. M('ncndrz. CIvIC CilyCkrk I'ursuanll,' FINH.I~ SlnlUk, ':::li(. u!fl.~, lb;> {'Jly b:rehy ~d\'J',·s lk ruhlk lhal If a ""fxun d,·cid .. ~ 11\1l\'r~:,1 1m}" dc'dIM! m;,(!;> h\' lhi~ H,ldrd A~Jhtr ,'I" (\'mmlm\lh w,ll) !"'~~(Il" Jny nVIII,'r ~,'mhkr(rl ~1 II. m~~lI:,g 11/ b~nlmg, h ... "f \I\c will n.'c,l .. I~'''fli ,.1 rh,' rt,,:c ... wn!-,~·, alii! :1\;,1 f"l ~1I~h rU/f'lI'~, allc"c,1 f'CNln m~~ lJ~\'lf !r, lln\lI1~ Ihill.1 \crp;tlHn rCI"I'J(1 "Ilh~ I'H, .. ~~;hng~ h Il\!lJ~ \\"j,!t.h T~;'tlrrl i1!dH,l~~ Ih~ !Cllll)~my Jill! ~\ icbmru l1p"n \.':hkh (h~ ~I'i':;,l h In Ix: n(,wi! CRIME WATCH Miami-Dade Police offer tools to cut crime IIY CARMEN GONZALEZ CALDWELL Spcritd to Tlll'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- nurnity 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- mnnityon Patrol. MIAMI-DADE COUNTY SEXUAL OFFENDER & PREDATOR SEARCH Any Flolida resident who has been convicted of a sexual offense (including anvone 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 dis- close where they live, and must notify the police when they relocate. This infornlu- 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://gisweh.miami dade.gov /sexoffenders/ and detemline 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 mall) are likely to en- counter these offenders. MIAMI-DADE COUNTY'S CRIME VIEW COMMUNITY Miami-Dade County's Clime View Communitv is an online tool at . http://www.crime mapping.com/map/fi/ miami-dadecotrntv, which residents can use to keep themselves infonned 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 sec if a similar service is offered by that municipality. HOMICIDE BUREAU - COLD CASE SQUAD Advances in technology and forensics have given a boost to the work of Miami- Dade Police's Cold Case Squad. However, despite scientific advances and the work of these detectives, there are about 2,000 cold cases that remaillllnsolved. Maybe you 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 frunilies of these victims. MIAMI-DADE POLICE ON SOCIAL MEDIA Follow MDPD on Twit- ter at https://twitter.com/ MiamiDadePD and visit the department on YouTnbe at www.youtube.com/user/ mdpdmedia. Carmen Caldwell is executive director of Citizens' Crime Watch of Miami-Dade. Send feedback and nelVs for this cO/limn to carmen@citizenscrime Ivatcll.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