91 ORDINANCE NO. ______ _
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3 An Ordinance amending the City of South Miami Code of Ordinances,
4 Chapter 2, Section 2-2.1 (J) and (0) to provides additional
5 administrative procedure for public comments and quasi-judicial
6 proceedings.
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8 WHEREAS, section 2-2.1 of the City's code of ordinances allows for a filibuster;
9 and
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11 WHEREAS, if 30 people attend a meeting and each speaks for 5 minutes with a
12 minute between speakers, public comments could conceivably take 3 hours; and
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14 WHEREAS, typically, public remarks does not begin before 7:30 and ifthere is a
15 large number of people who wish to speak at public comments there can be very little
16 time to conduct public business, even if the meeting is extended until midnight; and
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18 WHEREAS, the City Commission should not be rushed or fatigued when make
19 important decisions and should adopt an environment that fosters greater deliberation of
20 the important issues that are before it; and
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22 WHEREAS, each member of the City Commission has taken an oath to do the
23 best job possible to serve the City and to manage an approximately 20 million budget;
24 and
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1. Chapter 2, Article I, Section 2-2.1 (1) and (0) of the Code of
30 Ordinances, City of South Miami, Florida, are hereby amended and shall read as follows:
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(1) MANNER OF ADDRESSING COMMISSION; TIME LIMIT. No person
shall address the commission from the audience. Each person, before addressing the
commission, shall first legibly print their full name and their residential address and sign
in the space provided on the speaker list, step up to the podium, speak into the
microphone, state the person's name and city of residence and, if not a resident of the
City of South Miami, state whether the person has a business interest in the city and its
address. The person shall speak in an audible tone of voice for the public record, and
unless further time is granted by the commission, shall limit his or her address to five (5)
minutes or until statements appear to be repetitive or obstructive as determined by the
presiding officer. All remarks shall be addressed to the commission as a body and not to
any member. No person addressing the commission shall be permitted to ask questions of
or to enter into any discussion with any member of the commission, or any city officer
while they are seated on or beside the dais while a commission meeting is in progress,
either directly or through a member of the commission, without the permission of the
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1 presiding officer. No person who wishes to speak about an item that is subject to a quasi-
2 judicial procedure shall speak during the time set aside for public comments and shall
3 only address the City Commission on such item or subject matter after the applicant has
4 made hislher presentation and after the applicant has presented all of hislher witnesses
5 and evidence. The time set aside for public comments at the beginning of the
6 Commission meeting shall be limited to City taxpayers and commercial tenants and
7 residents of the City. All others wishing to make public comments shall be allowed to
8 speak but only after all City business has been concluded and provide there is sufficient
9 time before 11 :00 p.m. for them to speak and provided time limit for all public comments
10 is not exceeded. The extension of the time for the meeting after 11 :00 p.m. shall only be
11 for City business. The total time for public comments for residents and non-residents is
12 limited to 00 50 minutes and this includes the time allowed at the beginning of the
13 meeting which is limited to 50 minutes and at the end of the meeting which is limited to
14 40 minutes. The City Clerk or Mayor shall keep a timer and notify the speaker when his
15 or her time has elapsed. No one shall speak more than once a public remarks. Public
16 comments shall end after a maximum of 50 minutes, or sooner if there are no more
17 speakers. The time for individual speakers shall commence running upon the speaker
18 being called to the podium and no extra time shall be allowed for the speaker to make his
19 or her way to the podium. No speaker who has not signed the list of speakers by 6:55
20 p.m. shall be allowed to speak unless otherwise provided this section. Anyone who signs
21 the speaker list thereafter may be allowed to speak at the end of city business, if time is
22 available. The amount of time for each speaker shall be prorated among the number of
23 speakers who have signed the speaker list, i.e., if there are 10 speakers, 5 minutes will be
24 allotted to each. If speakers speak for less than their allowable time, or if the public
25 remarks is run efficiently, additional time remaining will be allocated to hear
26 residents/taxpayers that signed the speaker list after 6:55p.m. but in no event shall it
27 exceed the 50 minute maximum time allotted for public comments and the same
28 maximum allotted time per speaker for the previous speakers will still apply. The mayor
29 has the discretion to allow for additional time to an individual speaker unless it will
30 exceed the total maximum time allowed for all the speakers. No speaker shall be allowed
31 to transfer any of his or her time to another speaker.
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33 None of the above may be changed without a four-fifth vote.
34 * * *
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36 (0) QUASI-JUDICIAL PROCEEDINGS.
37 (1) Duration of Presentations:
38 (a) Time for Hearing: Each Quasi-judicial proceeding shall be given
39 30 minutes for presentation of the case and the opposition to the application.
40 (b) Applicant: The applicant shall have fi:¥e 10 minutes to make his/her
41 presentation and each of the applicant's witnesses shall have two minutes and thirty
42 seconds to present their evidence. The applicant shall have five minutes to rebut any
43 evidence in opposition to the application and to present a closing statement.
44 (c) Opposition: Each taxpayer, commercial tenant and each City resident
45 shall have two minutes and thirty seconds to present their evidence. After reserving five
46 minutes for the rebuttal by the applicant, if there is time remaining, non-taxpayers and
Page 2 of3
1 non-residents of the City shall have the remaining time to testify and present evidence.
2 No speaker shall be allowed to transfer any of his or her time to another speaker.
3
4 Cd) Extension of time: A supe l1 majority of the City Commission may
5 authorize the granting of extra time to the applicant and his/her witnesses and to
6 taxpayers and commercial tenants and City residents.
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8 (G2) EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC OFFICIAL.
9 Communications with local public officials regarding quasi-judicial matters , including
10 the adjudication of the rights of persons and the application of a general rule or policy to
11 a specific individual, property , interest or activity shall be governed by the following
12 procedure:
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16 Section 2. Codification. The provisions of this ordinance shall become and
17 be made a part of the Code of Ordinances of the City of South Miami as amended.
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19 Section 3. Severability. If any section, clause , sentence , or phrase of this
20 ordinance is for any reason held invalid or unconstitutional by a court of competent
21 jurisdiction, this holding shall not affect the validity of the remaining portions of this
22 ordinance.
23
24 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
25 all sections and parts of sections of ordinances in direct conflict herewith are hereby
26 repealed.
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28 Section 5. Effective Date. This ordinance shall become effective upon
29 enactment.
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PASSED AND ENACTED this __ day of ,20_
ATTEST: APPROVED:
CITY CLERK
1 st 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
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6SE I NEIGHBORS I SUNDAY NOVEMBER 11 2016
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MIAM'. Ilm
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
tlk/a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-DEC. 6, 2016
in the XXXX Court,
was published in said newspaper in the issues of
11/25/2016
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 Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the of securing this advertisement for
publicati
before me this
25 MBER, A.D. 2016
IdaL,L~
CITY OIF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
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, December 6, 2016, beginning at 7:00 p.m., in
'the City Commission Chambers, 6130 Sunset Drive, to consider the following
item(s):
A Resolution authorizing the City Manager to enter into a contract for a
GPS Fleet Tracking and Reporting Services with Sprint Solutions by
piggybacking off of Sprint's multi-year contract with the State of Florida.
A Resolution authorizing the City Manager to enter into a multi-year
contract with MCCI, LLC by piggybacking off of its contract with the
City of Miami.
(
An Ordinance amending the City of South Miami Code of ordinances'\
Chapter 2, Section 2-2.1 (J) and (0) to provides additional administrative)
procedure for public comments and quasi-judicial proceedings.
An Ordinance amending Chapter 2, Article I, Section 2-2.1 (M) of the
Code of Ordinances, to modify the procedure for prior City Attorney
approval of all resolutions, ordinances and other documents before inclusion
on the Commission agenda.
ALL interested parties are invited to attend and will be heard.
For further inforrnation, 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 Corn mission with respect to any matter considered at its rneeting 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 verbatirn record of the
proceedings is rnade which record includes the testirnony and evidence
upon which the appeal is to be based.
11/25 16-38/0Q00173856M