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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 Page 2 of14 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 Page 3 of14 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. Page 4 of14 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. Page 5 of14 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 Page 6 of14 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 Page 7 of14 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. Page 8 of14 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. Page 9 of14 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. Page 10 of 14 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 ,~~ .... 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