Ord No 08-18-2297ORDINANCE NO. 08-18-2297
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 2, Section 2-2.1
WHEREAS, the Mayor and City Commission desire to make major changes to
the City's administrative procedure for Commission meetings.
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 of the Code of Ordinances, City
of South Miami, Florida, are hereby amended and shall read as follows:
Sec. 2-2.1. -Rules of procedure of Ceity Ceommission.
The following rules of procedure shall govern all meetings of the Ceity
Ceommission, namely:
(A) REGULAR MEETING ..
The Commission shall meet regularlY at such times and places as may be
prescribed by its rules but not less frequently than twice each month. The eity
eommission shall hold regular meetings, typieally at 7:00 p.m. on the fIrst and
third Tuesdays of eaeh month. When the day set for any regular meeting falls on
a day designated by law as a legal, public national or religious holiday, such
meeting shall be held, the next day unless the on-a date is determined in advance
by a majority of the Ceommission. Regular meetings may be otherwise
postponed, cancelled, or reset by resolution~adopted at a regular or special
meeting by a majority of the entire membership of the Ceommission. All
regular meetings shall typically be held in the Ceommission Cehambers located
in the Ceity Hhall. No meeting of the Ceity Ceommission shall extend later
than 11 :00 p.m., except upon super-majority vote ( 4/5 vote) of members
present at the meeting and such meeting extensions shall not exceed midnight.
Any and all items not considered at that meeting and that are not tabled,
deferred indefinitely 'NiH be aatomatieally deferred to the by this limitation time
period will be deferred to the next regularly scheduled Ceommission meeting.
(B) SPECIAL MEETING; WORKSHOP MEETING and SUNSHINE MEETINGS.
A special meeting, sunshine meeting (a meeting of two (2) or more members of
the Ceity Ceommission to discuss any matter that may foreseeably come before
the Ceommission for action) or a workshop meeting of the Ceity Ceommission
may be called by the Mmayor whenever, in his opinion, the public business may
require it, or whenever three (3) or more members of the Ceity Ceommission
request a special or workshop meeting or two (2) or more members of the Ceity
Ceommission request a sunshine meeting. Whenever a special, sunshine or
workshop meeting shall be called by the Mmayor, a notice in writing signed by
the Mmayor shall be served on the Ceity Celerk, and whenever a special,
sunshine or workshop meeting shall be called by three (3) or more members of
Ord. No. 08-18-2297
the Ceity Ceommission, notice in writing signed shall be sent by such
Ceommission members shall be served in writing ~ to the Ceity Celerk. The
Celerk shall forthwith serve either verbal or written notice upon each member of
the Ceity Ceommission, the Mmayor, the Ceity Mmanager and the Ceity
Aattorney, stating the date and hour of the meeting, and the purpose for which
such meeting is called, and no other business shall be transacted at that meeting
other than that for which the meeting was called. The twenty-four-hour time
limit may be waived in time of public emergency affecting life, health, property
or safety. The Celerk, shall ensure that written notice is sent to the Mmayor and
all of the members of the Ceity Ceommission informing them of the date, time
and place of the special, sunshine or workshop meeting at least twenty-four (24)
hours in advance of the meeting. A copy of said notice is to be posted in a
prominent and conspicuous place at Ceity Hhall not less than twenty-four (24)
hours prior to such meeting. The twenty-four hour time limitations may be
ignored in time of public emergency affecting life, health, property or safety
unless a super-majority (four fifths (4/5)) of the members of the city commission
vote against ignoring the time limitation. The minutes of each special, sunshine
or workshop meeting shall include the manner and method by which notice of
such special, sunshine or workshop meeting was given, or shall state the reason
why the notice was not given as required by this section. All special, sunshine or
workshop meetings shall be open to the public and shall be held at Ceity Hhall
unless four days notice is provided. For the purposes of this paragraph, the
leaving of a copy of the written notice at the residence of the Mmayor or any
Ceommissioner shall constitute service of written notice on such Mmayor and
Ceommissioner. All written notices that are required by this section to be sent,
may shall be sent in any form of communication that appears in text format,
such as an email, and that can be printed by each Commissioner.
(C) AGENDA. There shall be an official agenda for every meeting of the
Ceommission, prepared by the city manager, and assembled and distributed by
the Ceity Celerk, which shall determine the order of business conducted at the
meeting. The Ceommission shall not take action upon any item, matter or
business (Qeity business) which is not listed upon the official agenda without
approval of at least three (3) Ceommission members present at such regular
meeting to add such Ceity business to the official agenda. The official agenda
shall be prepared compiled by the Celerk in appropriate form approved by the
Ceommission. City business may be placed on the agenda by the Mayor mayor,
the Ceity Mmanager, any City Commissioner and the City Attorney. A physical
agenda books, if requested in writing by a member of the Ceity Ceommission,
will be compiled prepared by the Celerk's Ooffice and will be placed in the
Ceommissioner's mailbox in Ceity Hhall by the Clerk. The agenda package will
also to the extent possible be uploaded into the Ceity's cloud server or similar
electronic location and on the Ceity's webpage, at least seventy-two (72) hours
prior to any regularly scheduled meeting, and twenty-four (24) hours prior to
any special, sunshine or workshop meeting. The twenty-four hour time limit
may be ignored in time of public emergency affecting life, health, property or
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Ord. No. 08-18-2297
safety, unless a super-majority (four-fifths (4/5)) of the members of the Csity
Coommission vote against ignoring the time limitation.
Except for emergencies, no item will be placed on the agenda of a regular
meeting of the Csommission which has not been delivered to the Csity Cslerk
by noon on the Wednesday preceding such regular meeting, excepting as
provided in this subsection 2-2.1 (C).
(1) Add-ons: No business shall be conducted at a regular meeting that is not
reflected in the official agenda unless the official agenda is amended or
supplemented to reflect additional business ("add-on items") to be
conducted at said meeting ("add-on agenda") and unless the add-on agenda
is posted and delivered to the Csity Csommission. The add-on agenda items
must be delivered to the Csity Cserk no later than 4:00 p.m. on the day of
the meeting and must be posted on the Csity's website no later than 5 :00
p.m., and, at substantially the same time, it shall be forwarded to the
members of the Csity Csommission before the commencement of the
relevant meeting, electronically or by any comparable means. The Csity
Cslerk is further directed to make said add-on item(s) available to the public
at the entrance to the commission chambers meeting location during every
Csommission meeting. The Csity Cslerk shall at the end of the consent
agenda, read into the record the title of any proposed add-on item(s) sought
to be placed on that agenda. Nothing herein shall affect the requirement that
any add-on item can only be placed on the agenda by the approval of the
majority vote of the Csity Csommission. The time limit may be ignored in
time of public emergency affecting life, health, property or safety, unless a
super-majority (four-fifths (4/5)) of the members of the Csity Coommission
vote against ignoring the time limitation.
(2) Workshops, sunshine and special meeting: No Csity business may be
conducted at a special, sunshine or workshop meeting other than that for
which theis meeting was called.
(3) Removal of business: Any agenda item that has been tabled without a time
certain shall automatically be removed from the agenda if not acted upon
during the three (3) succeeding regular Csommission meetings following
the date of said tabling. If a proposed ordinance has been automatically
removed for lack of action, it may only be re-introduced as a first reading of
the ordinance.
(C.l) APPOINTMENTS. The mayor shall notify each commissioner in vmting
of appointments made by him not less than seven (7) days prior to the meeting at
'.vhich it is proposed the appointments be approved and confirmed by the
cOHlHl:lsswn.
(D) CALL TO ORDER. The Mmayor, or in his absence the Vice -Mmayor, shall
take the chair precisely at the hour appointed for the meeting, and shall
immediately call the Csommission to order. In his absence or the absence of the
Viice -Mmayor, the Csty Cslerk shall call the Csommission to order,
whereupon a temporary chairmanperson shall be elected by the members of the
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Ord. No. 08-18-2297
Ceornmission present. Upon the arrival of the Mmayor or Viice-Mmayor, the
temporary chairmanperson shall immediately relinquish the chair upon the
conclusion of the business immediately before the Ceommission.
(E) ROLL CALL AND QUORUM. Before proceeding with the business of the
Ceornmission, the Ceity Celerk or his deputy shall call the roll of the members
and the names of those present shall be entered in the minutes. Four members of
the Ceornmission shall constitute a quorum whether present physically or
through a means of communication that will allow the member to hear the entire
proceedings in which he or she participates and to be heard by those in
attendance at the meeting. Upon affidavit by the Ceity Mmanager, filed with the
Ceity Celerk, that an emergency exists which will affect the health, safety or
welfare of the citizens of the Ceity, three (3) members shall constitute a quorum
for such emergency matters and the meeting shall be limited to only those
emergency matters. The minutes of such meeting shall reflect the filing of the
affidavit.
(F) READING OF MINUTES. Unless a reading of the minutes of a Ceommission
meeting is requested by a member of the Ceommission, such minutes may be
approved without reading if the Celerk has previously furnished each member
with a synopsis thereof.
(G) RULES OF DEBATE; QUESTION UNDER CONSIDERATION.
(1) Priority of motions. When a motion is presented and seconded, it is under
consideration and no other motion shall be received thereafter, except to
adjourn, to lay on the table, to postpone, or to amend until the question is
decided. These motions shall have preference in the order in which they are
mentioned and shall be decided without debate. Final action upon a pending
motion may be deferred until the next regular meeting by a majority of the
members present.
(2) Getting the floor; improper references to be avoided Every member
desiring to speak shall address the chair, and upon recognition by the
presiding officer, shall confine himself to the question under debate,
avoiding all personalities and indecorous language. The Mmyor and chair of
board or committee shall have the right to participate in the debate of all
motions and issues without relinquishing his or her right to preside over the
meeting as chairperson.
(3) Interruptions. A member, once recognized, shall not be interrupted when
speaking unless it be to call him to order, or as herein otherwise provided.
If a member, while speaking, be called to order, he shall cease speaking
until the question of order be determined, and, if in order, he shall be
permitted to proceed.
(4) Privilege of closing debate. The Ceommissioner moving the adoption of an
ordinance or resolution shall have the privilege of closing the debate.
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Ord. No. 08-18-2297
(5) Motion to reconsider. A motion to reconsider any action taken by the
Ceommission may be made only on the day such action was taken. It may
be made either immediately during the same session, or at a recessed or
adjourned session thereof. Such motion must be made by one of the
prevailing side, but may be seconded by any member; it shall be debatable.
(6) Remarks of Ceommissioner; when entered in minutes. A Ceommissioner
may request, through the presiding officer, the privilege of having an
abstract of his statement of any subject under consideration by the
Ceommission entered in the minutes. If the Ceommission consents thereto,
such statement shall be entered in the minutes.
(7) Synopsis of debate; when entered in the minutes. The Celerk may be
directed by the presiding officer, with consent of the Ceommission, to enter
in the minutes a synopsis of the discussion on any question coming
regularly before the Ceommission.
(H) ADDRESSING THE COMMISSION. Any person desiring to adderss the
Ceommission shall first secure the permission of the presiding officer se-to do
so; provided, however, that under the following hearings of business, unless the
presiding officer rules otherwise, any qualified persons may address the
Ceommission without securing such prior permission.
(l) Written communications. Interested parties or their authorized
representatives may address the Ceommission by written communications
in regard to matters then under discussion.
(2) Oral communications. Taxpayers or residents of the Ceity, or their
authorized legal representatives, may address the Ceommission by oral
communications Of!! any matter concerning the Ceity's business, or any
matter over which the Ceommission has control; provided, hO'vveyer that
preference shall be given to those persons who may have notified the Ceity
Celerk in advance of their desire to speak in order that the samematter in
question may appear on the agenda of the Ceommission.
(3) Reading of protests, etc. Interested persons or their authorized
representatives may address the Ceommission by reading of protests,
petitions, or communications relating to zoning, sewer and street
proceedings, hearings on protests, appeals and petitions, or similar matters,
ill with regard to matters then under consideration_
(1) ADDRESSING THE COMMISSION AFTER MOTION MADE. After a
motion is made by the Ceommission, no person shall address the Ceommission
without first securing the permission of the Presiding Officer commission se-to
do so.
(J) MANNER OF ADDRESSING COMMISSION; TIME LIMIT.
(1) Commission: Each Ceommission member shall have eight (8) minutes to
address the Ceommission ("Commission Remarks") and the public at large
and the total time shall not exceed forty (40) minutes. A member may
transfer all or any portion of his or her time to another member.
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Ord. No. 08-18-2297
Commission Remarks shall occur subsequent to the Commission having
addressed the action items on the agenda.
(2) No person shall address the Ceommission or the public from the audience.
(3) Each person, before addressing the Ceommission, shall:
(a) First legibly print theif his or her full name and their resideatial address
and sign in the space provided on the speaker list;
(b) Step up to the podium;
(c) Speak into the microphone; and
(d) State the person's name and city of residence and, if not a resident of
the city, state whether the person has a business interest in the Ceity
and its address.
(4) The person shall speak in an audible tone of voice for the public record, and
unless further time is granted by a super majority of the Ceommission, shall
limit his or her address to five (5) minutes, or less for public comments. Every
person desiring to speak shall address the Presiding Officer, and upon
recognition by the Presiding Officer, shall confine himselfto the items for action
on the agenda, avoiding all personalities and indecorous language. and
Sstakeholders shall have five (5) minutes and non-stakeholders shall have two
and one-half (2.5) minutes to address a matter during a public hearing. The
amount of time allowed may be shortened by the Presiding Officer due to the
number of speakers according to the fonnula set forth below, or when
statements appear to be repetitive or obstructive as determined by the Ppresiding
Oefficer.
(5) All remarks shall be addressed to the Ceommission as a body and not to any
particular member or group of members.
(6) No person, while addressing the Ceommission, shall be permitted to ask
questions of or to enter into any discussion with any member of the
Ceommission, or any Ceity Oefficer or staff member, \yhile they are seated
on or beside the dais and while a Ceommission meeting is in progress,
either directly or through a member of the Ceommission, without the
permission of the presiding officer £presiding Oefficer
(7) Quasi-judicial Procedure. No person who wishes to speak about an item that
is subject to a quasi-judicial procedure shall speak about that item during
the time set aside for public comments and shall only address the Ceity
Ceommission on such item or subject matter after the item has reached the
floor for action and the applicant has made hislher presentation and after the
applicant has presented all of hislher witnesses and evidence.
(8) Resolutions and Ordinances. No person who wishes to speak about a non-
quasi-judicial item that is on the agenda for action by the Ceity Ceommission
shall speak about that item more than once at that meeting. The speaker may
either address the item at the time set aside for public comments or, if there is a
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Ord. No. 08-18-2297
public hearing on the item, at the time the agenda item is on the floor and the
public hearing opened.
(8) The extension of the time for the meeting after 11 :00 p.m. shall only be for
city business action items on the current agenda.
(9) The total time for public comments on agenda items is limited to forty (40)
minutes. Public remarks not relating to the agenda may be allowed after all
action items have been addressed and following Commissioner Remarks
but the time shall be limited to 30 minutes. The City Clerk, Presiding
Officer, or a time keeper assigned such duties by the Presiding Officer shall
keep a timer and notify the speaker when his or her time has expired. No
one shall speak more than once during public remarks. Any speaker who
has not signed the list of speakers by 7:05 p.m. shall not be allowed to
speak unless otherwise provided by this Section. Anyone who signs the
speaker list after 7:05 p.m. may be allo,Y't':ed to speak following Commission
remarks, if time is available.
The total time for public comments is limited to sixty (60) minutes. Both the
city clerk and the mayor shall keep a timer to keep track of the total time to
ensure that ample time is allotted for city business. The mayor, or another
person designated by the mayor, '..viII keep track of time for individual
speakers and notify the speaker when his or her time has elapsed. No one
shall speak more than once at public remarks. The mayor or the presiding
officer shall adjust the time per speaker so as not to exceed the allotted time
of sixty (60) minutes for public comments.
If the meeting is run efficiently and if speakers do not use their total allo'Ned
time, additional ne'.'" speakers may speak so long as the total time does not
exceed sixty (60) minutes and the speaker's individual time does not exceed
the individual time allotted for the previous speakers. It is also
recommended that the mayor provides a visual reminder to the speakers
when thirty (30) seconds is remaining.
(l 0) The Ccommission, at a meeting, may change any of these requirements by a
motion, duly seconded and approved by three (3) affirmative a super
majority ¥etes.
(K) DECORUM.
(1) By Ccommission Mmembers. While the Ccommission is in session, the
members must preserve order and decorum, and a member shall neither, by
conversation or otherwise, delay or interrupt the proceedings or the peace of
the Ccommission, nor disturb any member while speaking or refuse to obey
the orders of the Ccommission or its £presiding Oefficer, except as
otherwise provided. No Commission member shall make defamatory,
obscene, impertinent or intentionally rude or uncivil remarks nor shall a
member become noisy, boisterous or disorderly to the extent that the
member disturbs the conduct of the meeting or the ability of attendees to
hear, see and/or participate in the meeting, a member may be censured by a
majority of the City Commission. Commission members shall only use
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Ord. No. 08-18-2297
City issued communication devises while on the dais and shall turn off all
communication de'/ices other than those used to yie'N commission agenda
items not use such device to communicate with non-City staff regarding
Commission agenda items on the agenda for that meeting. and those
devices shall have their ooernal cormmmication either disconnected or
deacti'/ated during the time bet\veen the start of a commission meeting 8:Jld
the time that such meeting is adjourned for the day. Commission
Mmembers may not make any electronic communication or take pictures
from the dais and members must exit the chamber to answer incoming
mobile phone calls unless permitted by the chairman Presiding Officer.
The Mayor shall be the Presiding Officer at all Commission meetings and,
in his physical absence from the meeting, the Vice Mayor shall be the
Presiding Officer. If neither the Mayor or the Vice Mayor are physically
present at a meeting, the remaining members shall appoint the Presiding
Officer provided there is a quorum for the meeting.
(2) By persons. Any person who makes slanderous defamatory, obscene,
impertinent or intentionally rude or uncivil or otherwise impertinent
remarks in the Commission Chamber, and who refuses or fails to desist
from making such remarks after being instructed to do so, or who shall
become boisterous noisy, boisterous or disorderly and which disturbs the
conduct of the meeting or the ability of attendees to hear, see and/or
participate in the meeting commission chamber and who refuses or fails to
desist from such conduct after being instructed to do so, may be forthvrith
removed forthwith from the podium and from City Hall for the duration of
that meeting at the direction of the £presiding Oefficer or a majority of the
Commissioners, unless overruled by a majority vote of the commission. No
clapping, applauding, heckling, or verbal outbursts shall be permitted for
any reason, including for the purpose of supporting or opposing any matter,
any speaker or a speaker's remarks. No signs or placards shall be allowed to
be displayed in any manner other than when used from the podium to
express an opinion or display facts. Signs to be used at the podium must be
brought into the Ccommission Cchambers in a manner so as not to
unnecessarily display their content until the sign is brought taken to the
podium immediately before the sign is displayed from the podium in the
Ccommission Cchamber. Persons exiting the Ccommission Cchamber shall
do so quietly. Talking on the phone The use of acoustic mobile
communieation deviee~, sueh as phones, in the Ceommission Cehamber is
not permitted while the Ceommission is in session. Phone ringers and other
devices that emit sound must be set to silent mode to avoid disruption of
proceedings. Individuals must exit the Cehamber to answer incoming calls.
No camera flash options shall be used by the public during any portion of
the meeting except during recognition and award ceremonies.
(L) MEMBERS MAY FILE PROTEST AGAINST COMMISSION ACTION. Any
member shall have the right to have the reasons for his dissent from, or protest
against, any action of the Ccommission entered ein the minutes.
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Ord. No. 08-18-2297
(M) ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS..
(1) Preparation and presentation of ordinances and resolutions.
(a) The Ceity Aattomey shall draft and/or approve all ordinances and
resolutions.
(b) Ordinances and resolutions may be sponsored by an individual member
of the Ceommission, the Ceity Mmanager or the Ceity Aattomey.
( c) Ordinances and resolutions are deemed introduced after placement on
the agenda by the Ceity Celerk and distribution thereof to each member
of the Ceity Ceommission, Ceity Mmanager and Ceity Aattomey at
least seventy-two (72) hours prior to a regular meeting and twenty-four
(24) hours prior to a special meeting of the Ceity Ceommission.
(d) After the placement on the agenda of any ordinances or resolutions, the
Ceity Celerk shall prepare a reasonable number of copies and file same
in the office of the Ceity Celerk and such other public places as the
Ceity Ceommission may designate together with a notice designating
time and place of the meeting of the Ceommission for their
consideration.
(e) When ordinances or resolutions are presented as agenda items, the
ordinances and the resolutions shall be read by their titles only. After
said reading, a motion, duly seconded, shall be required before any
further consideration may be had on the proposed ordinances or
resolutions. Proposed ordinances and resolutions may be introduced at
a regular meeting of the Ceommission and a formal vote thereon may
be taken. Proposed ordinances acted upon favorably shall be placed
automatically plaeed for second reading on the agenda of the next
regular meeting or for a meeting as otherwise designated by the
Commission. Proposed resolutions that have been adopted aeted upon
fa'lorably by the appropriate number of votes a majority of the
Ceommission present shall become effective immediately.
(f) The sponsor of ordinances or resolutions shall have the opportunity to
present the merits of his proposals prior to the motion being voted
upon.
(g) After discussion is closed, a formal vote shall be taken on said motion.
(h) If a motion is passed after first reading, proposed ordinances and
resolution requiring two readings shall be placed automatically placed
for £Lsecond reading and public hearing at the next meeting of the
Ceommission, or on at-a date certain as stated in the motion and
resolutions requiring only one reading shall be considered adopted
without further action.
(i) The Ceity Celerk shall place a legal notice of such public hearing on
any resolution requiring a public hearing and on proposed ordinances
passed at first reading in a newspaper of general circulation in the city.
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Ord. No. 08-18-2297
Such publication shall be at least ten (10) days prior to the date of the
public hearing.
G) After a second reading of proposed ordinances which passed at first
reading, the presiding officer shall open the hearing to the pUblic. Then
all interested persons shall have the opportunity to be heard at said
public hearing. After the public has had the opportunity to be heard, the
£presiding £efficer shall close the public hearing. Then the proposed
ordinances shall be considered by the Csommission and a formal vote
shall be taken unless the item is deferred or postponed.
(k) Where state law requirea§ one or more then. one public hearings be
held prior to any oction being taken the adoption or enactment by the
Csommission on any ordinances or resolutions, then in that event, the
notice requirements shall be met prior 16 for the first reading and all
persons interested in such ordinances or resolutions shall have an
opportunity to be heard prior to any action being taken thereon by the
Csommission at such public hearing. Each ordinance shall be read by
only the title at both first and second readings and shall be considered
at no less than two (2) meetings of the Csommission unless declared
emergency. If an ordinance is materially amended upon the final
reading an additional reading shall be required at a subsequent meeting
of the Csommission.
(2) Prior approval of agenda items by Csity Aattorney. All ordinances,
resolutions, and contract documents shall be reviewed by the Csty
Aattomey as to form and legality prior to the Csity Mmanager including
them on an agenda for action by the Csity Csommission. However, if, after
reasonable efforts, the .csity Mmanager is unable to transmit a copy of the
item to the Csity Aattomey, or if, after a reasonable time has passed since
delivery of the item to the Csity Aattomey, the Csity Aattomey is unable to
communicate his approval or the reasons for his disapproval of the item, the
Csity Mmanager may add the item to the agenda with an explanation as to
why the item has not been approved by the Csity Aattomey. No ordinances,
resolutions, or contract shall become effective or enforceable unless it has
been endorsed by the Csity Aattomey as being approved as to form and
legality.
(3) Introducing for passage or approval. Ordinances, resolutions, and other
matters or subjects requiring action by the Csommission must be introduced
and sponsored by a member of the Csommission, except that the Csity
Mmanager or Csity Aattomey may present draft ordinances, resolutions and
other matters or subjects to be addressed by the City Commission and direct
the City Clerk to add them to a particular agenda of the City Commission 16
the commission, and any s.commissioner may assume sponsorship thereof
by moving that such ordinances, resolutions, matters or subjects be adopted;
otherwise, they shall not be considered.
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Ord. No. 08-18-2297
(N) PARLIAMENTARIAN. The p£residing Oefficer of the council Commission,--ef
committee or board, or lHs-said officer's appointee shall act as parliamentarian.
may appoint a parliamentarian for the meeting who shall be an expert in
parliamentary procedure and who shall serve at the pleasure of the Presiding
Officer,
(0) QUASI-JUDICIAL PROCEEDINGS.
(1) Duration of presentations:
(a) Time for hearing: Each quasi-judicial proceeding shall be given thirty
(30) minutes for presentation of the case and the opposition to the
application.
(b) Applicant: The applicant shall have ten (10) minutes to make hislher
presentation and each of the applicant's witnesses shall have two (2)
minutes and thirty (30) seconds to present their evidence. The applicant
shall have five (5) minutes to rebut any evidence in opposition to the
application and to present a closing statement.
(c) Opposition: Each taxpayer, commercial tenant and each Ceity resident
("stakeholders") shall have five (5) minutes and non-stakeholders shall
have two and one-half (2.5) minutes to present their evidence. After
reserving five (5) minutes for the rebuttal by the applicant, if there is
time remaining, non-taxpayers and non-residents of the Ceity 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.
(d) Extension of time: A majority (three (3) votes) of the Ceity
Ceommission may authorize the granting of extra time to the applicant
and hislher witnesses and to taxpayers and commercial tenants and
Ceity residents.
(2) 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:
(a) Any person who fully and faithfully follows each and every one of the
requirements of this subsection, as set forth below, and who is not
otherwise prohibited by statute, charter provision or ordinance may
discuss with any local public official the merits of any matter on which
action may be taken by any board or commission on which the local
public official is a member. As used in this subsection, the term "local
public official" means any elected or appointed public official holding a
municipal office who recommends or who takes quasi-judicial action as
a member of a board or commission. If any quasi-judicial action is
contemplated at the time of any verbal communication, and if the
following procedures are followed, the presumption of prejUdice arising
Page 11 of14
Ord. No. 08-18-2297
from ex parte communications with local public officials shall be
removed pursuant to F.S. § 286.0115(1):
1. The substance of any ex parte communication with a local public
official which relates to quasi-judicial action pending before the
official is not presumed prejudicial to the action if the subject of
the communication and the identity of the person, group, or entity
with whom the communication took place is disclosed in writing,
as soon as practicable after the communication takes place, with
Ceity Celerk and is disclosed and made a part of the record at the
hearing before final action on the matter.
2. A local public official may read a written communication from any
person. Any written communication that relates to quasi-judicial
action pending before a local public official, shall not be presumed
prejudicial to the action, provided such written communication is
disclosed and made a part of the record before final action on the
matter.
3. A local public official may conduct investigations, make site visits
and receive expert opinions regarding quasi-judicial action pending
or impending before him or her provided that such activities and
the existence of such investigations, site visits or expert opinions is
made a part of the record before final action is taken on the matter.
4. Disclosure made pursuant to paragraphs 1,2 and 3 above must be
made before or during the public meeting at which a vote is taken
on such matters so that persons who have opinions contrary to
those expressed in the ex parte communication are given a
reasonable opportunity to refute or respond to the communication.
5. A person who appears before the decision-making body who is not
a party or party-intervenor may be allowed to testify before the
decision-making body, subject to control by the decision-making
body, and may be requested to respond to questions from the
decision-making body. The decision-making body shall assign
weight and credibility to such testimony as it deems appropriate. A
party or party-intervenor in a quasi-judicial proceeding on local
government land use matters, upon request by another party or
party-intervenor, shall be sworn as a witness, shall be subject to
cross-examination by other parties or party-intervenors, and shall
be required to be qualified as an expert witness, as appropriate.
6. All decisions of the decision-making body in a quasi-judicial
proceeding shall be supported by substantial, competent evidence
in the record pertinent to the proceeding.
(P) SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BUDGET.
(1) Within five (5) days after the South Miami Community Redevelopment
Agency (ltSMCRAIt) approves the SMCRA budget, the Ceity Ceommission
Page 12 of14
Ord. No. 08-18-2297
shall hold a special Ceity Ceommission meeting ("SMCRA special budget
meeting ") for the purpose of reviewing and approving the SMCRA budget.
(2) If the Ceommission approves of the budget, it shall be transmitted, by the
Ceity Celerk or the SMCRA DEiirector, to Miami-Dade County for approval
by the Bboard of Ceounty Ceommissioners.
(3) If the Ceommission does not approve of the SMCRA budget, the
Ceommission may make recommendations for amendments to the SMCRA
budget.
(4) If the Ceommissionmakes any recommendations and:
(a) If the SMCRA approves the 'Ceity Ceommission revised budget, the
budget shall be deemed approved by the Ceity Ceommission and it
shall be transmitted, by the Ceity Celerk or the SMCRA Deirector, to
Miami -Dade County for approval by the Bboard of Ceounty
Ceommissioners; or
(b) If the SMCRA Bboard make~ any further amendments, within twenty-
four (24) hours of receipt of the SMCRA revised budget by the Ceity
Celerk's eOffice, the Ceity Ceerk shall transmit a copy to the members
of the Ceity Ceommission. Within five (5) days of the Ceity Celerk's
receipt of the SMCRA revised budget, a second SMCRA special
budget meeting of the Ceity Ceommission shall be held.
ec) At the second SMCRA special budget meeting of the City Commission,
the Commission may further amend the proposed SMCRA budget, or
transmit the SMCRA budget to Miami-Dade County for approval by
the Board of County Commissioners. If the City Commission makes
any further amendments, the amended budget shall be transferred back
to the SMCRA Board for further consideration.
(5) If the city commission fails to appmye the 8MCR:l\ reyisee bueget at the
secone 8MCRA special bueget meeting, or if for any reason the budget is
not approved by October 1, the prior year's SMCRA budget shall be deemed
approved, and adopted, by the city commission. If there is not sufficient
funding for the SMCRA budget expenditures, all line items shall be reduced
by an equal percentage, rounding down if necessary, so as to balance the
SMCRA budget expenditure with the SMCRA revenue. The budget that is
deemed approved in accordance with this subsection shall be transmitted,
by the Ceity Celerk or the SMCRA Deirector, to Miami-Dade County for
approval by the Bboard of Ccounty Ceommissioners.
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.
Page 13 of14
Ord. No. 08-18-2297
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.
enactment.
Effective Date. This ordinance shall become effective upon
PASSED ~~D ENACTED this 17thday of April ,20
ATTEST: APPROVED:
Lfid~
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Commissioner Welsh: Yea
Page 14 of 14
MIAMI DAILY BUSINESS REVIEW
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
CerarE Ih~ ur.de'sIQrlE-(i aut'10r,:, ;:lc,'50nalt,' appr,arec
.. IOH!:.f",.L. Gi..IVt. wl'e on oatl ., sa;'s that I)E: or S')E ,~ the
LEG~.L Cl fRI'. ~ega! NotIces 01 Ihf' I"'a''''' Dal') EhrSI'leSS
Rev!E'~·.· f·';. 'a !.',a"n Re-'/le\"~ d2"':, (except Satu:"ca,..
S'.moa·J' anti Le·;?a' Holidays) ~1ewsr.laper p~lbIJs!~ec at t,f;:an"1l
In r\!,arn;·Dade CCiJn~)' Florida tl'a~ the aHached (.or)' o~
2:1VEf1 $en)f:n~ ;)elrg
matiEre!
NOTI:::E (W PU[;LIC !i[!:·.RII·JS
CITY OF SGUT~ !\!.iAk~1 . 11 & R Ph\/'r~G t!J(; El C i~.PR 1',·
2()1~
or· III€-X)/.>:):. COlf1
" ... a~ J:Jubh!l!1ed II~ s.ald ne ... • .. sJ;aper In tIle lSS.;..U:S of
}·.ff:c3nt Lr . .,er. s?lS that II'e said ,\f;liH111 Daily BLls;nt?ss
RCVIC'.· .. is a nE· .. ·,:spaoe:-r Jjub:lshed at t.'I.(!n" •. ;n sal~i r\~jam!-Dad
E-\"(;lIn~~' t-1,:,('0i1 r1')Ci the! In€-~a.o nE;,'.·spap~!' ha$-
'lc-re~C"~Jle bc-c" c(,r't,r:vOdsly p~.th~llf;;O ;n saID r\; Clmi.~ao~
CO"I!1t," ~!orIClB eact", oar (€)':CEP1 SCJ~LJr(jay: Sunday and
L.ega! t-iotu::a)ls: ano 'las b~en entered RS s.ecor,d class ma~
:!':GHe: at ;'~f-r< ~t off.:::·e n r\I.la:n! :n Eoa'o f,/j'ar.ll-Daj,z. CO .. :'·.h'
FI::O"'C? for a p(=-(,od c" on~ yc-e!! I',~ri me:::ec ;'"9 !I,e fl~~1
O:"bh~a:lon of tt)t:' attache,' COi~Y co' a,jver:lsemen~ ar.d affla"t
further ~a)'s !na! he-or sl~e ~,as '1el~"'el paio Il:;)r nrcn),s(-a an)'
j)e!'~c,n flfr~ or ('C'rr-Gratton arr d'$C(')LJ'~i "ebate GC'1~rTl!ss!cn
01 r€'i"lI1cl ior ll-,p. fh.J'(IOSe of sec.LJ!'""lg t!"'i~ aj\'(!riis.E-fll£-,",,! f()r
t"l'ohcatICJn it' lI,e sa!o :le\·.'spaJ)c~
CITY OF SOUTH MIAMI
NOTICE OF PUBUC HEARING
NOTICE IS HEREBY given that the City Commission 01 the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday. April 17. 2018, beginning at 7:00 p.m., in the
City Commission Chambers. 6130 Sunset Drive, to consider the following item{s):
A Resoiution authorizing the City Manager to enter into a multi-year
year agreement with 1-1 & R Paving, Inc., by piggybacking onto its
agreement with the City of Miami.
M Ordinance related to the lee schedule; amending Ordinance 09-17 -22 7!?
;0 reduce fitness center annuat membership fees r-er patron and to
add new fees to the schedule.
(An Ordinance amend~ng the City of South Miami Code of ordinances\
Chapter 2, Section 2-2.1. . )
ALL interested parties are invited to attend and will be heard. .
For further information, please contact the City Clerk's Office at:
305-663-6340.
ililaria M. Ma"andez, CMC
Cily Clerk
Pursuani 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 10 be based.
4/6 18-88/0000309673M
26SE I NEIGHBORS
,~~ ....
CITY OF SOtJTH MIAMI
COURTESY NOTICE
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