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ORDINANCE NO. ______ _
An Ordinance amending the City of Sonth Miami Code of Ordinances,
Chapter 2, Section 2-2.1
6 WHEREAS, the Mayor and City Commission desire to make major changes to
7 the City's administrative procedure for Commission meetings.
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9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
10 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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12 Section 1. Chapter 2, Article I, Section 2-2.1 of the Code of Ordinances, City
13 of South Miami, Florida, are hereby amended and shall read as follows:
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15 Sec. 2-2.1. -Rules of procedure of <.;;eity <.;;eommission.
16 The following rules of procedure shall govern all meetings of the Ceity
17 Ceomrnission, namely:
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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
eonnnission shall hold regtllar meetings, typieally at 7:00 p.m. on the first and
third Tuesdays of eash 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 en-a date g; determined in advance
by a majority of the <.;;eomrnission. 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 <.;;eity <.;;eommission 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 indefinitel), will be automatieall), deferred to the by this limitation time
period will be deferred to the next regularly scheduled <.;;eomrnission meeting.
36 (B) SPECIAL MEETING; WORKSHOP MEETING and SUNSHINE MEETINGS.
37 A special meeting, sunshine meeting (a meeting of two (2) or more members of
38 the <.;;eity Ceommission to discuss any matter that may foreseeably come before
39 the <.;;eommission for action) or a workshop meeting of the <.;;eity Ceomrnission
40 may be called by the Mmayor whenever, in his opinion, the public business may
41 require it, or whenever three (3) or more members of the <.;;eity <.;;eomrnission
42 request a special or workshop meeting or two (2) or more members of the <.;;eity
43 <.;;eommission request a sunshine meeting. Whenever a special, sunshine or
44 workshop meeting shall be called by the Mmayor, a notice in writing signed by
45 the Mmayor shall be served on the <.;;eity <.;;elerk, and whenever a special,
46 sunshine or workshop meeting shall be called by three (3) or more members of
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It!
the £::eity £::eommission, notice in writing signed shall be sent by such
2 £::eommission members shall be served in writing l±jlBR-to the £::eity £::elerk. The
3 £::elerk shall forthwith serve either verbal or written notice upon each member of
4 the £::eity £::eommission, the Mmayor, the £::eity Mmanager and the Ceity
5 Aattorney, stating the date and hour of the meeting, and the purpose for which
6 such meeting is called, and no other business shall be transacted at that meeting
7 other than that for which the meeting was called. The twenty-four-hour time
8 limit may be waived in time of public emergency affecting life, health, property
9 or safety. The £::elerk, shall ensure that written notice is sent to the Mmayor and
10 all of the members of the Ceity £::eommission informing them of the date, time
11 and place of the special, sunshine or workshop meeting at least twenty-four (24)
12 hours in advance of the meeting. A copy of said notice is to be posted in a
13 prominent and conspicuous place at £::eity Hflall not less than twenty-four (24)
14 hours prior to such meeting. The twenty-four hour time limitations may be
15 ignored in time of public emergency affecting life, health, property or safety
16 unless a super-majority (four fifths (4/5)) of the members of the city commission
17 vote against ignoring the time limitation. The minutes of each special, sunshine
18 or workshop meeting shall include the manner and method by which notice of
19 such special, sunshine or workshop meeting was given, or shall state the reason
20 why the notice was not given as required by this section. All special, sunshine or
21 workshop meetings shall be open to the public and shall be held at £::eity Hflall
22 unless four days notice is provided. For the purposes of this paragraph, the
23 leaving of a copy of the written notice at the residence of the Mmayor or any
24 £::eommissioner shall constitute service of written notice on such Mmayor and
25 £::eommissioner. All written notices that are required by this section to be sent,
26 may shall be sent in any form of communication that appears in text format,
27 such as an email, and that can be printed by each Commissioner.
28 (C) AGENDA. There shall be an official agenda for every meeting of the
29 £::eommission, prepared by the city manager, and assembled and distributed by
30 the city clerk, which shall determine the order of business conducted at the
31 meeting. The £::eommission shall not take action upon any item, matter or
32 business (£::eity business) which is not listed upon the official agenda without
33 approval of at least three (3) £::eommission members present at such regular
34 meeting to add such Ceity business to the official agenda. The official agenda
35 shall be prepared compiled by the Celerk in appropriate form approved by the
36 £::eommission. City business may be placed on the agenda by the Mayor mayor,
37 the Ceity Mmanager, any City Commissioner and the City Attorney. A physical
38 agenda books, if requested in writing by a member of the £::eity Ceommission,
39 will be compiled prepared by the Celerk's Ooffice and will be placed in the
40 £::eommissioner's mailbox in £::eity Bhall by the Clerk. The agenda package will
41 also to the extent possible be uploaded into the £::eity's cloud server or similar
42 electronic location and on the £::eity's webpage, at least seventy-two (72) hours
43 prior to any regularly scheduled meeting, and twenty-four (24) hours prior to
44 any special, sunshine or workshop meeting. The twenty-four hour time limit
45 may be ignored in time of public emergency affecting life, health, property or
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safety, unless a super-majority (four-fifths (4/5)) of the members of the city
2 commission vote against ignoring the time limitation.
3 Except for emergencies, no item will be placed on the agenda of a regular
4 meeting of the ~eommission which has not been delivered to the ~eity ~elerk
5 by noon on the Wednesday preceding such regular meeting, excepting as
6 provided in this subsection 2-2.1(C).
7 (1) Add-ons: No business shall be conducted at a regular meeting that is not
8 reflected in the official agenda unless the official agenda is amended or
9 supplemented to reflect additional business ("add-on items") to be
10 conducted at said meeting ("add-on agenda") and unless the add-on agenda
11 is posted and delivered to the Ceity ~eommission. The add-on agenda items
12 must be delivered to the ~eity Ceerk no later than 4:00 p.m. on the day of
13 the meeting and must be posted on the ~eity's website no later than 5:00
14 p.m., and, at substantially the same time, it shall be forwarded to the
15 members of the ~eity ~eommission before the commencement of the
16 relevant meeting, electronically or by any comparable means. The ~eity
17 Celerk is further directed to make said add-on item(s) available to the public
18 at the entrance to the commission eharIHJefS meeting location during every
19 ~eommission meeting. The ~eity ~elerk shall at the end of the consent
20 agenda, read into the record the title of any proposed add-on item(s) sought
21 to be placed on that agenda. Nothing herein shall affect the requirement that
22 " any add -on item can only be placed on the agenda by the approval of the
23 majority vote of the ~eity ~eommission. The time limit may be ignored in
24 time of public emergency affecting life, health, property or safety, unless a
25 super-majority (four-fifths (4/5)) of the members of the city commission
26 vote against ignoring the time limitation.
27 (2) Workshops, sunshine and special meeting: No ~eity business may be
28 conducted at a special, sunshine or workshop meeting other than that for
29 which theis meeting was called.
30 (3) Removal of business: Any agenda item that has been tabled without a time
31 certain shall automatically be removed from the agenda if not acted upon
32 during the three (3) succeeding regular ~eommission meetings following
33 the date of said tabling. If a proposed ordinance has been automatically
34 removed for lack of action, it may only be re-introduced as a first reading of
35 the ordinance.
36 (C.I) l\PPOINTMENTS. The mayor shall notify eaeh commissioner in '>'!fiting
37 of appoiHtments made by him not less than seven (7) days prior to the meeting at
38 whiM it is proposed the appoiHtments be approved and confirmea by the
39 commIssIon.
40 (D) CALL TO ORDER. The Mmayor, or in his absence the Vice -Mmayor, shall
41 take the chair precisely at the hour appointed for the meeting, and shall
42 immediately call the Ceommission to order. In his absence or the absence of the
43 Viice -Mmayor, the ~ety ~elerk shall call the Ceommission to order,
44 whereupon a temporary chaifIH8Hperson shall be elected by the members of the
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<:;sommission present. Upon the arrival of the Mmayor or Viice-Mmayor, the
2 temporary chairmanperson shall immediately relinquish the chair upon the
3 conclusion of the business immediately before the Csommission.
4 (E) ROLL CALL AND QUORUM. Before proceeding with the business of the
5 <:;sommission, the <:;sity <:;slerk or his deputy shall call the roll of the members
6 and the names of those present shall be entered in the minutes. Four members of
7 the Csommission shall constitute a quorum whether present physically or
8 through a means of communication that will allow the member to hear the entire
9 proceedings in which he or she participates and to be heard by those in
10 attendance at the meeting. Upon affidavit by the Csity Mmanager, filed with the
1 I <:;sity Cslerk, that an emergency exists which will affect the health, safety or
12 welfare ofthe citizens of the <:;sity, three (3) members shall constitute a quorum
13 for such emergency matters and the meeting shall be limited to only those
14 emergency matters. The minutes of such meeting shall reflect the filing of the
15 affidavit.
16 (F) READING OF MINUTES. Unless a reading of the minutes of a Csommission
17 meeting is requested by a member of the <:;sommission, such minutes may be
18 approved without reading if the <:;slerk has previously furnished each member
19 with a synopsis thereof.
20 (G) RULES OF DEBATE; QUESTION UNDER CONSIDERATION.
2 I (1) Priority of motions. When a motion is presented and seconded, it is under
22 consideration and no other motion shall be received thereafter, except to
23 adj oum, to lay on the table, to postpone, or to amend until the question is
24 decided. These motions shall have preference in the order in which they are
25 mentioned and shall be decided without debate. Final action upon a pending
26 motion may be deferred until the next regular meeting by a majority of the
27 members present.
28 (2) Getting the floor; improper references to be avoided Every member
29 desiring to speak shall address the chair, and upon recognition by the
30 presiding officer, shall confine himself to the question under debate,
31 avoiding all personalities and indecorous language. The Mmyor and chair of
32 board or committee shall have the right to participate in the debate of all
33 motions and issues without relinquishing his or her right to preside over the
34 meeting as chairperson.
35 (3) Interruptions. A member, once recognized, shall not be interrupted when
36 speaking unless it be to call him to order, or as herein otherwise provided.
37 If a member, while speaking, be called to order, he shall cease speaking
38 until the question of order be determined, and, if in order, he shall be
39 permitted to proceed.
40 (4) Privilege of closing debate. The <:;sommissioner moving the adoption of an
4 I ordinance or resolution shall have the privilege of closing the debate.
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(5) Motion to reconsider. A motion to reconsider any action taken by the
2 Ceommission may be made only on the day such action was taken. It may
3 be made either immediately during the same session, or at a recessed or
4 adjourned session thereof. Such motion must be made by one of the
5 prevailing side, but may be seconded by any member; it shall be debatable.
6 (6) Remarks of !;;eommissioner; when entered in minutes. A !;;eommissioner
7 may request, through the presiding officer, the privilege of having an
8 abstract of his statement of any subject under consideration by the
9 !;;eommission entered in the minutes. If the !;;eommission consents thereto,
10 such statement shall be entered in the minutes.
11 (7) Synopsis of debate; when entered in the minutes. The Celerk may be
12 directed by the presiding officer, with consent of the !;;eommission, to enter
13 in the minutes a synopsis of the discussion on any question coming
14 regularly before the !;;eommission.
15 (H) ADDRESSING THE COMMISSION. Any person desiring to adderss the
16 !;;commission shall first secure the permission of the presiding officer 5&-to do
17 so; provided, however, that under the following hearings of business, unless the
18 presiding officer rules otherwise, any qualified persons may address the
19 !;;commission without securing such prior permission.
20 (I) Written communications. Interested parties or their authorized
21 representatives may address the !;;eommission by written communications
22 in regard to matters then under discussion.
23 (2) Oral communications. Taxpayers or residents of the Ceity, or their
24 authorized legal representatives, may address the !;;eommission by oral
25 communications om any matter concerning the Ccity's business, or any
26 matter over which the !;;eommission has control; provided, however that
27 preference shall be given to those persons who may have notified the !;;eity
28 Celerk in advance of their desire to speak in order that the samematter in
29 question may appear on the agenda of the !;;eommission.
30 (3) Reading of protests, etc. Interested persons or their authorized
31 representatives may address the !;;eommission by reading of protests,
32 petitions, or communications relating to 200ning, sewer and street
33 proceedings, hearings on protests, appeals and petitions, or similar matters,
34 in with regard to matters then under consideration.
35 (I) ADDRESSING THE COMMISSION AFTER MOTION MADE. After a
36 motion is made by the !;;eommission, no person shall address the !;;cotnmission
37 without first securing the permission of the Presiding Officer commission 5&-to
38 do so.
39 (1) MANNER OF ADDRESSING COMMISSION; TIME LIMIT.
40 (I) Commission: Each !;;commission member shall have eight (8) minutes to
41 address the !;;commission ("Commission Remarks") and the public at large
42 and the total time shall not exceed forty (40) minutes. A member may
43 transfer all or any portion of his or her time to another member.
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Commission Remarks shall occur subsequent to the Commission having
addressed the action items on the agenda.
(2) No person shall address the <:;:eommission or the public from the audience.
(3) Each person, before addressing the <:;:eommission, shall:
(a) First legibly print tfteff his or her full name ami their residential 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.
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 <:;:eommission, shall
limit his or her address to ttve--three WD 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 himself to the items for action
on the agenda, avoiding all personalities and indecorous language. ami
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
amonnt of time allowed may be shortened by the Presiding Officer due to the
number of speakers aeeerding te the furmula set furta belew, or when
statements appear to be repetitive or obstructive as determined by the Prresiding
Oefficer.
(5) All remarks shall be addressed to the <:;:eommission 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 <:;:eity Oefficer or staff member, ','Alile they are seated
en er beside the dais and while a Ceommission meeting is in progress,
either directly or through a member of the <:;:eommission, without the
permission of the presiding officer '[>j3fesiding Oefficer
(7) Quasi-judicial Procedure. No person who wishes to speak about an item that
is subj ect to a quasi -judicial procedure shall speak about that item during
the time set aside for public comments and shall only address the <:;:eity
Ceornmission 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 his/her 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 City Commission
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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1 public hearing on the item, at the time the agenda item is on the floor and the
2 public hearing opened.
3 (8) The extension of the time for the meeting after 11 :00 p.m. shall only be for
4 eity tmsiness action items on the current agenda.
5 (9) The total time for public comments on agenda items is limited to forty (40)
6 minutes. Public remarks not relating to the agenda may be allowed after all
7 action items have been addressed and following Commissioner Remarks
8 but the time shall be limited to 30 minutes. The City Clerk, Presiding
9 Officer, or a time keeper assigned such duties by the Presiding Officer shall
10 keep a timer and notify the speaker when his or her time has expired. No
11 one shall speak more than once during public remarks. Any speaker who
12 has not signed the list of speakers by 7:05 p.m. shall not be allowed to
13 speak unless otherwise provided by this Section. Anyone who signs the
14 speaker list after 7 :05 p.m. may be allowed to speak following Commission
15 remarks, iftime is available.
16 The total time for publie eOffill'ients is limited to si][ty (60) minutes. Both the
17 city elerk and the mayor shall keep a timer to keep traek of the total time to
18 ens\IFe that ample time is allotted for city Business. The mayor, or another
19 person designated By the mayor, will keep traek of time for individual
20 speakers and notify the speaker when his or her time has elapsed. ]>10 one
21 shall speak more than onee at public remarks. The mayor or the presiding
22 offieer shall adjust the time per speaker so as not to eJ[eeed the allotted time
23 of siRty (60) minutes for publie eomments.
24 If the meeting is rUR efficiently and if speakers do not use their total allowed
25 time, additional new speakers may speak so long as the total time does not
26 eReeed siRty (60) minutes and the speaker's individual time does not el[esed
27 the individual time allotted for the previous speakers. It is also
28 reeommended that the mayor provides a visual reminder to the speakers
29 vmen thirty (30) seeonds is remaining.
30 (10) The ~eommission, at a meeting, may change any of these requirements by a
31 motion, duly seconded and approved by three (3) affirmative a super
32 majority votes.
33 (K) DECORUM.
34 (1) By ~eommission Mmembers. While the ~eommission is in session, the
35 members must preserve order and decorum, and a member shall neither, by
36 conversation or otherwise, delay or interrupt the proceedings or the peace of
37 the ~commission, nor disturb any member while speaking or refuse to obey
38 the orders of the Ceommission or its I'presiding Oefficer, except as
39 otherwise provided. No Commission member shall make defamatory,
40 obscene, impertinent or intentionally rude or uncivil remarks nor shall a
41 member become noisy, boisterous or disorderly to the extent that the
42 member disturbs the conduct of the meeting or the ability of attendees to
43 hear, see and/or participate in the meeting may be censured by a majority of
44 the City Commission. Commission members shall only use City issued
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(L)
communication devises while on the dais and shall turn off all
communication devices other than those used to view cOllliIlission agORda
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 external communication either discolHlected or
deactivated during the time between the start of a cOllliIlission meeting and
the time that such meeting is adjourned for the day. Commission
Mmembers may not make any electronic cOmmuRication 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 fortffivith
removed forthwith from the podium and from City Hall for the duration of
that meeting at the direction of the Epresiding Oefficer or a majority of the
Commissioners, illliess 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. The use of acoustic mobile communication device;;, such as
phones, in the .Ccommission .Cchamber is not permitted while the
Ccommission 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 Cchamber 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.
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 sin the minutes.
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(M) ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS,.
2 (1) Preparation and presentation of ordinances and resolutions.
3 (a) The ~eity Aattomey shall draft and/or approve all ordinances and
4 resolutions.
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(b) Ordinances and resolutions may be sponsored by an individual member
of the ~eommission, the ~eity Mmanager or the ~eity Aattomey.
(c) Ordinances and resolutions are deemed introduced after placement on
the agenda by the ~eity Celerk and distribution thereof to each member
of the ~eity Ceommission, ~eity Mmanager and ~eity Aattomey at
least seventy-two (72) hours prior to a regular meeting and twenty-four
(24) hours prior to a special meeting of the ~eity ~eommission.
(d) After the placement on the agenda of any ordinances or resolutions, the
~eity ~elerk shall prepare a reasonable number of copies and file same
in the office of the ~eity Celerk and such other public places as the
~eity ~eommission may designate together with a notice designating
time and place of the meeting of the ~eommission 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 ~eommission and a formal vote thereon may
be taken. Proposed ordinances acted upon favorably shall be placed
automatically :fllaeed 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 UjlOfl
favorably by the appropriate number of votes a majority of the
~eommission 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 plaeOO
for lLsecond reading and public hearing at the next meeting of the
~eommission, or on at-a date eertalfl as stated in the motion and
resolutions requiring only one reading shall be considered adopted
without further action.
(i) The ~eity 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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Such publication shall be at least ten (10) days prior to the date of the
public hearing.
G) After a s.econd 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
ffJresiding Eefficer shall close the public hearing. Then the proposed
ordinances shall be considered by the l,::eommission and a formal vote.
shall be taken unless the item is deferred or postponed.
(k) Where state law required:,; eoo--ef more then one public hearings be
held prior to any action being taken the adoption or enactment by the
l,::eommission on any ordinances or resolutions, then in that event, the
notice requirements shall be met prior te 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
l,::eommission 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 Ceommission 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 l,::eommission.
(2) Prior approval of agenda items by l,::eity Aa1torney. All ordinances,
resolutions, and contract documents shall be reviewed by the Cety
Aattomey as to form and legality prior to the l,::eity Mmanager including
them on an agenda for action by the l,::eity Ceommission. However, if, after
reasonable efforts, the l,::eity Mmanager is unable to transmit a copy of the
item to the l,::eity Aattorney, or if, after a reasonable time has passed since
delivery of the item to the Ceity Aattorney, the l,::eity Aattorney is unable to
communicate his approval or the reasons for his disapproval of the item, the
l,::eity Mmanager may add the item to the agenda with an explanation as to
why the item has not been approved by the l,::eity Aattorney. No ordinances,
resolutions, or contract shall become effective or enforceable unless it has
been endorsed by the Ceity Aattomey as being approved as to form and
legality.
(3) Introducing for passage or approval. Ordin.ances, resolutions, and other
matters or subj ects requiring action by the Ceommission must be introduced
and sponsored by a member of the Ceommission, except that the l,::eity
Mmanager or l,::eity Aattorney may jlfesent 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 te
the eomrnission, and any el,::ommissioner 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
(N) PARLIAMENTARIAN. The fll.'residing Oefficer of the SOlffiSil Connnission,-eJ'
2 committee or board, or ffis-said officer's appointee shall as{ as flarliamentarian.
3 may appoint a parliamentarian for the meeting who shall be an expert in
4 parliamentary procedure and who shall serve at the pleasure of the Presiding
5 Officer,
6 (0) QUASI-JUDICIAL PROCEEDINGS.
7 (l) Duration of presentations.'
8 (a) Time for hearing: Each quasi-judicial proceeding shall be given thirty
9 (30) minutes for presentation of the case and the opposition to the
10 application.
11 (b) Applicant: The applicant shall have ten (l0) minutes to make hislher
12 presentation and each of the applicant's witnesses shall have two (2)
13 minutes and thirty (30) seconds to present their evidence. The applicant
14 shall have five (5) minutes to rebut any evidence in opposition to the
15 application and to present a closing statement.
16 (c) Opposition: Each taxpayer, commercial tenant and each ~eity resident
17 ("stakeholders") shall have five (5) minutes and non-stakeholders shall
18 have two and one-half (2.5) minutes to present their evidence. After
19 reserving five (5) minutes for the rebuttal by the applicant, if there is
20 time remaining, non-taxpayers and non-residents of the ~eity shall
21 have the remaining time to testifY and present evidence. No speaker
22 shall be allowed to transfer any of his or her time to another speaker.
23 (d) Extension of time: A majority (three (3) votes) of the ~eity
24 ~eommission may authorize the granting of extra time to the applicant
25 and his/her witnesses and to taxpayers and commercial tenants and
26 ~eity residents.
27 (2) Ex parte communications with local public official. . Communications with
28 local public officials regarding quasi-judicial matters, including the
29 adjudication of the rights of persons and the application of a general rule or
30 policy to a specific individual, property, interest or activity shall be
31 governed by the following procedure:
32 (a) Any person who fully and faithfully follows each and everyone of the
33 requirements of this subsection, as set forth below, and who is not
34 otherwise prohibited by statute, charter provision or ordinance may
35 discuss with any local public official the merits of any matter on which
36 action may be taken by any board or connnission on which the local
37 public official is a member. As used in this subsection, the te= "local
38 public official" means any elected or appointed public official holding a
39 municipal office who recommends or who takes quasi-judicial action as
40 a member of a board or commission. If any quasi-judicial action is
41 contemplated at the time of any verbal communication, and if the
42 following procedures are followed, the presumption of prejudice arising
Page 11 of14
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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 ~elerk 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.
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BUDGET.
(I) Within five (5) days after the South Miami Community Redevelopment
Agency ("SMCRA") approves the SMCRA budget, the Ceity ~eommission
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shall hold a special ~eity ~eommission meeting ("SMCRA special budget
meeting") for the purpose of reviewing and approving the SMCRA budget.
(2) If the ~eommission approves of the budget, it shall be transmitted, by the
Ceity ~elerk or the SMCRA Ddirector, to Miami-Dade County for approval
by the IiBoard of ~eounty Ceommissioners.
(3) If the Ceommission does not approve of the SMCRA budget, the
~eommission may make recommendations for amendments to the SMCRA
budget.
(4) If the ~eommission makes any recommendations and:
(a) If the SMCRA approves the ~eity ~eommission revised budget, the
budget shall be deemed approved by the ~eity ~eommission and it
shall be transmitted, by the ~eity ~elerk or the SMCRA Ddirector, to
Miami-Dade County for approval by the IiBoard of Ceounty
~eommissioners; or
(b) If the SMCRA IiBoard make[l any further amendments, within twenty-
four (24) hours of receipt of the SMCRA revised budget by the Ceity
~elerk's eOftice, the ~eity ~eerk shall transmit a copy to the members
of the ~eity ~eommission. Within five (5) days of the ~eity Celerk's
receipt of the SMCRA revised budget, a second SMCRA special
budget meeting of the ~eity Ceommission shall be held.
(c) 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 SM CRA Board for further consideration.
(5) If tfis eity eommission fails to approve tfie 8MCRl, revised badget at tfie
seeond 8MCRA sj'lseial Badget 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 tfie eity eommissioR. 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 ~eity ~elerk or the SMCRA Ddirector, to Miami-Dade County for
approval by the IiBoard of ~eounty Ceommissioners.
40 Section 2. Codification. The provisions of this ordinance shall become and
41 be made a part of the Code of Ordinances of the City of South Miami as amended.
42
Page 13 of 14
1 Section 3. Severability. If any section, clause, sentence, or phrase of this
2 ordinance is for any reason held invalid or unconstitutional by a court of competent
3 jurisdiction, this holding shall not affect the validity of the remaining portions of this
4 ordinance.
5
6 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
7 all sections and parts of sections of ordinances in direct conflict herewith are hereby
8 repealed.
9
10 Section 5. Effective Date. This ordinance shall become effective upon
11 enactment.
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PASSED AND ENACTED this __ day of _____ , 20
ATTEST:
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21 CITY CLERK
22 15t Reading
23 2 nd Reading
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 14 of 14
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Gil:
Commissioner Welsh: