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ORDINANCE NO. ______ _
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.
WHEREAS, section 2-2.1 of the City's code of ordinances allows for a filibuster; and
WHEREAS, if 30 people attend a meeting and each speaks for 5 minutes with a minute
between speakers, public comments could conceivably take 3 hours ; and
WHEREAS, typically, public remarks does not begin before 7:30 and ifthere is a large
number of people who wish to speak at public comments there can be very little time to conduct
public business, even ifthe meeting is extended until midnight; and
WHEREAS, the City Commission should not be rushed or fatigued when make
important decisions and should adopt an environment that fosters greater" deliberation of the
important issues that are before it; and
WHEREAS, each member of the City Commission has taken an oath to do the best job
possible to serve the City and to manage an approximately 20 million budget ; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 2 , Article I, Section 2-2.1 (1) and (0) of the Code of Ordinances,
City of South Miami , Florida, are hereby amended and shall read as follows:
* * *
(J) MANNER OF ADDRESSING COMMISSION; TIME LIMIT.
I No person shaJI address the commission from the audience .
Each person, before addressing the commission, shal ~
• 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 m '
state the person's name and city of re sidence 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 the commisso shall limit his or her address to five
member.
or
structive as determined by the presiding officer.
All remarks shall be addressed to the commission a s a body and not to any
Page 1 of 4
13
1 • No person addressing the commission shall be permitted to ask questions of or to
2 enter into any discussion with any member of the commission, or any city officer, while they are
3 seated on or beside the dais . while a commission meeting is in progress, either directly or
4 through a member of the commission, without the permission of the presiding officer.
5 • No person who wishes to speak about an item that is subject to a quasi-judicial
6 procedure shall speak during the time set aside for public comments and shall only address the
7 City Commission on such item or subject matter after the applicant has made his/her presentation
8 afterthe~~illll~~~mru~illU~~~~~~~~~~~
9
10 meeting shall be limited to City taxpayers and commercial tenants and residents of the City. All
11 others wishing to make public comments shall be allowed to speak but only after all City business
12 has been concluded and provide there is sufficient time before 11 :00 p.m . for them to speak and
13 provided time limit for all public comments is not exceeded.
14 • The extension of the time for the meeting after 11 :00 p.m. shall only be for City
15 business.
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42 • The time for individual speakers shall commence running upon the speaker
43 being called to the podium and no extra time shall be allowed for the speaker to make his or her
44 way to the podium.
45 No speaker who has not sigHed the list of speakers by 6:55 p.m. shall be allo'Ned to
46 speak unless otherwise provided in this section .
47 Anyone who signs the speaker list thereafter may be allowed to speak at the end of
48 city business, iftime is available.
49 • The amount of time for each speaker shall be prorated among the number of
50 speakers who have signed the speaker list, i.e ., if there are 10 speakers, 5 minutes will be allotted
51 to each. If speakers speal( for less than their allowable time, or if the public remarks is run
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effieiently, additional time remaining will be alloeated to hear residentsltaxpayers that signed the
speaker list after 6:55p.m. but in no event shall it eJ(eeed the 50 mimlte maximum time allotted
for publie eomments and the same maximum allotted time per speaker for the previous speakers
will still apply. The mayor has the diseretion to allow for additional time to an individual speaker
... :. :. :"": '":' :: ............. :,,: : :.: :: '":" ~;:.:.. '". ;:.
: : -: : a:. :. :'" .. .. ..... . ............ ~ \
(0) QUASI-JUDICIAL PROCEEDINGS.
m
presentation and each of the applicant's witnesses shall have two minutes and thirty seconds to
present their evidence. The applicant shall have five minutes to rebut any evidence in opposition
to the application and to present a closing statement.
Cc) Opposition: Each taxpayer, commercial tenant and each City resident shall
have two minutes and thirty seconds -to present their evidence. After reserving five minutes for
the rebuttal by the applicant, if there is time remaining, non-taxpayers and non-residents of the
City shall have the remaining time to testify and present evidence. No speaker shall be allowed to
transfer any of his or her time to another speaker.
Cd) Extension of time: A super ma]onty _ of the City
Commission may authorize the granting of extra time to the applicant and his/her witnesses and
to taxpayers and commercial tenants and City residents.
(G2) EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC OFFICIAL.
Communications with local public officials regarding quasi-judicial matters, including the
adjudication of the rights of persons and the application of a general rule or policy to a specific
individual, property, interest or activity shall be governed by the following procedure:
* * *
Section 2. Codification. The provisions of this ordinance shall become and be
made a part of the Code of Ordinances of the City of South Miami as amended.
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 j urisdiction, 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.
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PASSED AND ENACTED this __ day of _____ , 20_
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 4 of 4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
38SE I I NEIGHBORS I
SUNDAY DECEMBER 11 2016
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
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 20.2016. beginning at 7:00 p.m .. in thc City Commission
Chamhers, 6130 Sunset Drive, tu cllnsiuer the following item(s):
(
An Ordinance amending the City of South Miami Code of Ordinances. Chapter 2. Section 2-2.1 (1) and (0) to pro vi
auditional administrative procedure for public comments and quasi-judicial proceedings.
An Ordinance amending the sitc plan anu ordinances auopting and amending same for the Valencia Building located at
600 I SW 70th Street ~'hich site plan was adopted by Ordinance 24-01-1755 anel amended by Ordinance 06-10-2031:
the amendment permits. by right, oJ1ice. business and professional uses in the l1rst floor commercial spaces.
ALL interested parties are inviteu to attend and will be heard.
For furthcr information. please contact the City Clerk's OfilcC at: 305-663-6340.
Maria M. Menendez. CMC
City Clerk
Pursmmllo Fh)rida Slatutes 2~(,.OI{)5, the City hereby advises the public thai if a person decides 10 appeal any decision made by this BOlU"d. Agency or Commission
with respect \(l any matter COIlsi(kred at its mceting or hearing. he or she willnccd a rCL'llrd of the pJ'Pcccdings, and that for such pUrp(>Sl\ atrected person may need
to ensure that a verbatim rccnrd of the prol"Cedings is made which rec(lrd includes the testim()ny and evidence up()n which the appeal is I() be based.
Miami Ice, Miami Nice
Ice skating in Miami? Yes indeed, and you can help raise funds for
Neighbors 4 Neighbors while you are at it. It's happening now until January 8th
at Baylront Park by the Intercontinentat Hotel Miami. A portion of each ticket sold
benefits our Adopl-A-Famlly program; it's just $15 for adults and $12 for kids.
When you gel hungry, hop over to Ihe concession tent at the hotel, wilh
everything from s'mores to cocktails. When you pay, remember to ·round up·
for Neighbors.
last Call for Merry Makers
Our Adopt-a-Famlly-4-the-Holldays site closes on December 19. We still have
families waiting to be helped. Monetary and gift card donations are always
needed. Please visit our website to help today.
All of us at Neighbors 4 Neighbors wish you a beautiful holiday and a year of
peace, ahead.
Call Neighbors 4 Neighbors at 305.597.4404
visit www.netghbors4nelghbors.org or watch ~ and.for more.
A Community Service of lh.BIlamlHtmtbe In partnership with CBS4
HERBERT IV HOOVER
School Board Member
YOU ARE INVITED!
Dr. Marta Perez Holiday Book Giveaway )
Wednesday, December 21,2016 ,I
5:00 pm to 7:00 pm
Miami Coral Park Sr. High School I
8865 S.W. 16 Street I
(parking available on the west side of the school)
Join me for an evening of whole_so_m_e_fa_m_il_Y_fu._n_! __ ~)
Free books for students. snacks, musical entertainment, and great raffle prizes!
MIAMI CAlLY BUSINESS REVIEW
'. Published Daily except Saturday, Sunday and
legal Holidays
Miami, Miami-Dade Counly, 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 Oaily Business Review
flk/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, 20, 2016
in the XXXX Court,
was published in said newspaper in the issues of
12109/2016
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 purpose of securing this advertisement for
publication'
~--------.-.-----
CITY ·OF eoUTH 1ll1AM1,
NO'ICI'. PIDiLII ......
NAtE 1SHEAE8Y rgiVefi 1h8t,the CIty CGn:unIli!IIlltI dftlii,OftyOff~;MliIIJtj.
Retlda will .condu01 Mf~ Meariog{S) atilil"~ CIly~(Ifif'1iI~9
sChedUled for Tuesday, '0fte!iber·20. aG1t6, negmfiln9rat 7:00P;JTh. mtfie
City Commlsslon-ChatJibllls, 6130 SutISet C>iWs. ,taltdASi __ felIOWin..g:
item(s):' --.
An Otdinanc& amendmg 1ileCIty of South Miafuieoo-,Of·Ord!rtaifces.
,-Chapter 2" SectIon. 2-2.1 (Jt and (O)to~e ,addit1ol1at administratiVe
procedure tor ,pnblhH:-e1il1T\'iri;l and quashjudlGlai ~ceedlngs.
. An Ordinance amending '!he site: f'lan ,ai\dordinances adOptIJig and
amending same' for the Valencia BuHdmg located at 6001 SW 70th
Street which site p\8n was Sdopted by Ordlnance 24-01-1755 and
. amended by Otdiliance 0&-10-2031; the amendment permItS, by rig':'to
-Office, busmesa and professional uses in the first floor C9mm8rcial
spaces. -
ALL 1nter8st~ partlesllfEl iTillitiKllfj~d and will be h~< . ---,. -"
For fur:Iber InfOIm8tIon, please ccmtacttttS aty :GIerk's Oifice at:
3~:
Marla.M. Menendez.CMC
CIty Clerk
Pursuant to Floilda Statutes 286.0105, '!he City hereby advises the' public
thatJf ".per8Qflc.d$Qj~Ae-appeaI_any ~i§io!J,~Qy~~~
. Agency orCommisskm. 'whh ~fQ,.,y.m_.eOOSId'eftdi\.1t& g(~ 'et'
hearing. he or sf:I~ ,win need--areccmhf tblf proceedings; aBdtbat fQr-Sueh
purpose, affected person may need to 'ensure that a v~m record. of'lhe
proceedings is made which record Jncludes '!he testimony aAdIMdence
. upon which the appeal is to be based.
12/9 16-7610000178170M