10ORDINANCE NO. ______ _
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3 An Ordinance amending the City of South Miami Code of Ordinances,
4 Chapter 2, Section 2-2.1
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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. I 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 ,Ceity ,Ceommission.
16 The following rules of procedure shall govern all meetings of the ,Ceity
17 ,Ceommission , 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
esmmissisll shall halel regular meetillgs, tY!lieally at 7 :()() !l .m. ell the first anel
thirel Tueselays af eaell mantll. 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 6IHI date ~ 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 HIlal!. No meeting of the Ceity ,Ceommission shall extend later
than II :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 tllat meeting anel that are nat taBled ,
eleferreel inelefinilely will Be autamatieally deferreel ta the by this limitation time
period will be deferred to the next regularly scheduled Ceommission 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 ,Ceity Ceommission to discuss any matter that may foreseeably come before
39 the ,Ceommission for action) or a work shop meeting of the Ceity Ceommission
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 Ceity Ceommi ss ion
42 reque st a special or workshop meeting or two (2) or more members of the ,Ceity
43 Ceommission request a sunshine meeting. Whenever a s pecial, 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 Ceity ,Celerk , and whenever a special ,
46 sunshine or workshop meeting shall be called by three (3) or more members of
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1 the Ceity Ceommission, notice in writing signed shall be sent by such
2 ~eommission members sllall Be served in writing Hfl6fl-!Q...the ~eity ~elerk. The
3 ~elerk shall forthwith serve either verbal or written notice upon each member of
4 the Ceity ~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 Celerk, 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 Ceity Hllall 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 Ceity Hllall
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 Ceommissioner 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 Ceommission, prepared by the city manager, and assembled and distributed by
30 the ~eity Celerk, which shall determine the order of business conducted at the
31 meeting. The Ceommission 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 pfepared compiled by the ~elerk in appropriate form approved by the
36 Ceommission. City business may be placed on the agenda by the Mayor maysf,
37 the ~eity 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 pfepafed by the ~elerk's Ooffice and will be placed in the
40 ~eommissioner's mailbox in Ceity Hllall 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 Ceity
Coommission vote against ignoring the time limitation.
Except for emergencies, no item will be placed on the agenda of a regular
meeting of the Ceommission which has not been delivered to the ~eity Celerk
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 ~eity ~oommission. The add-on agenda items
must be delivered to the Ceity Ceerk no later than 4:00 p.m. on the day of
the meeting and must be posted on the Ceity's website no later than 5 :00
p.m., and, at substantially the same time, it shall be forwarded to the
members of the Ceity Coommission before the commencement of the
relevant meeting, electronically or by any comparable means. The Ceity
Celerk is further directed to make said add-on item(s) available to the public
at the entrance to the eommission ehambers meeting location during every
~oommission meeting. The ~eity ~elerk 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 ~eity ~oommission. 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 ~eity Coommission
vote against ignoring the time limitation.
(2) Workshops, sunshine and special meeting: No Ceity business may be
conducted at a special, sunshine or workshop meeting other than that for
which thets meeting was called.
(3) Removal oj 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 ~oommission 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.
36 (C.l) APPOINTMBl'ITS. The mayor shall notify eaeh eommissioner in writing
37 of appointments made by him not less than seven (7) days prior to the meeting at
38 vehieh it is proposed the appointments be approved and eonfirmed by the
39 eommlsslon.
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 ~eommission to order. In his absence or the absence of the
43 Viice -Mmayor, the ~ety ~elerk shall call the ~eommission to order,
44 whereupon a temporary chairmanperson shall be elected by the members of the
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~wmmission present. Upon the arrival of the Mmayor or Viice-Mmayor, the
2 temporary chairmaHperson shall immediately relinquish the chair upon the
3 conclusion of the business immediately before the Cwmmission.
4 (E) ROLL CALL AND QUORUM. Before proceeding with the business of the
5 ~wmmission, the ~eity ~elerk 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 Cwmmission 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 ~eity Mmanager, filed with the
II Ceity ~elerk, that an emergency exists which will affect the health, safety or
12 welfare of the citizens of the Ceity, 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 Cwmmission
17 meeting is requested by a member of the Cwmmission, such minutes may be
18 approved without reading if the Celerk has previously furnished each member
19 with a synopsis thereof.
20 (G) RULES OF DEBATE; QUESTION UNDER CONSIDERATION.
21 (I) 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 adjourn, 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.
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(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 ~eommissioner moving the adoption of an
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
~€Ommission 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 ~eommissioner; when entered in minutes. A ~€Ommissioner
may request, through the presiding officer, the privilege of having an
abstract of his statement of any subject under consideration by the
C€Ommission entered in the minutes. If the ~eommission 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 C€Ommission, to enter
in the minutes a synopsis of the discussion on any question coming
regularly before the ~€Ommission.
15 (H) ADDRESSING THE COMMISSION. Any person desiring to adderss the
16 ~€Ommission shall first secure the permission of the presiding officer s&-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 C€Ommission without securing such prior permission.
20 (1) Written communications. Interested parties or their authorized
21 representatives may address the ~€Ommission by written communications
22 in regard to matters then under discussion.
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(2) Oral communications. Taxpayers or residents of the ~eity, or their
authorized legal representatives, may address the C€Ommission by oral
communications Of!! any matter concerning the ~eity's business, or any
matter over which the C€Ommission has control; pfSviaea, however that
preference shall be given to those persons who may have notified the Ceity
~elerk in advance of their desire to speak in order that the _matter in
question may appear on the agenda of the C€Ommission.
(3) Reading of protests, etc. Interested persons or their authorized
representatives may address the ~€Ommission by reaaing of protests,
petitisns, or eommunieat1sns relating to >"oning, sewer ana street
proeeeaings, hearings on protests, appeals ana petitions, or similar matters,
in with regard to matters then under consideration.
35 (I) ADDRESSING THE COMMISSION AFTER MOTION MADE. After a
36 motion is made by the ~€Ommission, no person shall address the ~€Ommission
37 without first securing the permission of the Presiding Officer eommission s&-to
38 do so.
39 (1) MANNER OF ADDRESSING COMMISSION; TIME LIMIT.
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(1) Commission: Each ~€Ommission 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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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 ~eommission, shall:
(a) First legibly print tfleif his or her full name alla their resiaeatial aaaress
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 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 himself to the items for action
on the agenda, avoiding all personalities and indecorous language. aruI
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 aeeoraillg to the formHla 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 ~eommission, shall be permitted to ask
questions of or to enter into any discussion with any member of the
~eommission, or any Ceity Oefficer or staff member, while they are seatea
Oll or besiae the aais aaa while a Ceommission meeting is in progress,
either directly or through a member of the ~eommission, without the
permission of the presiding officer .!',presiding Oefficer
(7) Ouasi-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 ~eity
~eommission 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 Ceity ~eommission
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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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 II :00 p.m. shall only be for
sity ImsiRess action items on the current agenda.
(9) The total time for public comments on agenda items is limited to forty (40)
minutes. P tl b lis remarks Ret re lat iRg te the ageRsa may be all ewes after all
aetieR items haye beeR assresses aRs fo ll ewiRg Cemmiss ieRer Remarlls
btlt the time shall be limites te 30 miR tlt es . 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
13 speak unless otherwise provided by this Section. AAyeRe whe s i gRs t h e
14 saeaker l is t after 7:05 a.m. may be a ll ewes te saeak fo ll ew iRg Cemmiss ieR
15 remarlls , i f t ime is ayail ab le .
16 The tetal time for 1mblie eemmeRts is limites te Sillty (eQ) miRtltes. Beth the
17 eity elerk IIfIS the mayer shall keep a timer te keep traek ef the tetal time te
18 eRStlre that ample time is allettes for eity btlsiRess. The mayer, er lIfIether
19 perseR sesigRates by the mayer, will keep traell ef time for iRsivistlal
20 speal,ers IIfIS Retify the speaker wileR his er her time has elapses. Ne eRe
21 shall speal, mere thaR eRee at ptlblie remarks. The mayer er the presisiRg
22 emeer shall asjtlst the time per speal,er se as Ret te elleees the allettes time
23 ef Sill!), (eO) miRtltes for ptlblie eemmeRts .
24 If the meetiRg is rnR effieieRtly aRs if speakers se Ret tlse their tetal allewes
25 time, assitieRal Rew speal,ers may speak se leRg as the tetal time sees Rei
26 el!eees sillty (eO) miRtltes aRS the speaker's iRsi\'istlal time sees Ret elleees
27 Ihe iRsiyistlal time allettes for the preyietls speakers . It is alse
28 reeemmeRses that the mayer pre,,,ises a \'istlal remiRser te the speakers
29 wheR thirt), (30) seeeRss is remaiRiRg.
30 (10) The l:;,eommission , at a meeting, may change any of these requirements by a
31 motion, duly seconded and approved by three (3) affirmaliYe a super
32 majority 'fflIes.
33 (K) DECORUM.
34 (I) By l:;,eommission Mmembers. While the Ceommission 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 l:;,eommission, nor disturb any member while speaking or refuse to obey
38 the orders of the l:;,eommission or its £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 m e mb er d is turbs t he cond uct of th e meetin g or th e ab il ity of atte ndees t o
43 h ea r, see a nd/o r part ic i pate in th e meeti ng, may be cen sured by a majo rity
44 of the City Commission. Commission members shall only use City issued
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communication devises while on the dais and shall tllm elf all
eemmllHieatieH Eieyiees ether thaH these IIseEi te view eemmissisH ageHEia
items not use such device to communicate with non-City staff regarding
Commission agenda items on the agenda for that meeting. aHEi tHese
Eie\'iees SHall HaYe tHeir eJElemal eelHffillflieatisH either EiisesHHeeteEi sr
EieaetivateEi EillriHg tHe time lletweeH tHe start ef a eemmissisH meetiHg aHEi
tHe time tHat slleH meetiHg is aEljsllmeEi fer tHe Eiay . Commission
Mmembers may HSt make aHY eleetrenie esmmllHieatieH er take flietllres
frem tHe Eiais aHEi memllers must exit the chamber to answer incoming
msllile phone calls unless permitted by the eHairmaH 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 slaHEierslIs defamatory, obscene,
impertinent or intentionally rude or uncivil sr stHerwise imflertiHeHt
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 IlsisterslIs 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 esmmissieH eHamller and who refuses or fails to
desist from such conduct after being instructed to do so, may be fertHwitH
removed forthwith from the podium and from City Hall for the duration of
that meeting at the direction of the fflresiding Osfficer or a majority of the
Commissioners, lII11ess sverfllleEilly a majsrity \'ste sf tHe esmmissisH. 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 matmer 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 !::eommission !::ehambers in a manner so as not to
unnecessarily display their content until the sign is IlrellgHt taken to the
podium immediate ly before the sign is displayed from the podium in the
Ceomrnission !::ehamber. Persons exiting the Ceommission !::ehamber shall
do so qu ie tl y. Ta lki n g o n the ph o ne THe lise sf aeslIstie mslli le
esmHlIlllieatisH Eie'o'iees , slleH as flHsHes, in the !::eommission !::ehamber 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 publ ic 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 !::eommission entered sin the minutes.
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(M) ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACT~.
2 (1) Preparation and presentation of ordinances and resolutions.
3 (a) The Ceity Aattorney shall draft and/or approve all ordinances and
4 resolutions.
5 (b) Ordinances and resolutions may be sponsored by an individual member
6 of the ~eommission, the ~eity Mmanager or the Ceity Aattorney.
7 (c) Ordinances and resolutions are deemed introduced after placement on
8 the agenda by the ~eity ~elerk and distribution thereof to each member
9 of the ~eity Ceommission, ~eity Mmanager and ~eity Aattorney at
10 least seventy-two (72) hours prior to a regular meeting and twenty-four
11 (24) hours prior to a special meeting of the ~eity ~eommission.
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(d) After the placement on the agenda of any ordinances or resolutions, the
~eity Celerk shall prepare a reasonable number of copies and file same
in the office of the ~eity 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 ~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 jllaeea 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 aetea tljleR
faverably by the appropriate number of votes a m~erity of the
Ceommission jlreseRt 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 j3la€etI
for lLsecond reading and public hearing at the next meeting of the
~eommission, or on at--a date eertaiR 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.
(j) 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 opportuni ty to be heard at said
public hearing. After the public has had the opportunity to be heard, the
fpresiding fefficer shall close the public hearing. Then the proposed
ordinances shall be considered by the ~eommission and a formal vote
shall be taken unless the item is deferred or postponed.
(k) Where state law requiree~ ane aF more then one public hearings be
held prior to any aetian Being tal,en the adoption or enactment by the
~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
~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 Ceommission.
(2) Prior approval of agenda items by ~eity AaJtorney. All ordinances ,
resolutions , and contract documents shall be reviewed by the Cety
Aattomey as to form and legality prior to the ~eity Mmanager including
them on an agenda for action by the Ceity ~eommission. However, if, after
reasonable efforts, the Ceity Mmanager is unable to transmit a copy of the
item to the Ceity Aattorney, or if, after a reasonable time has passed since
delivery of the item to the Ceity Aattorney, the ~eity Aattorney is unable to
communicate his approval or the reasons for his disapproval of the item, the
~eity Mmanager may add the item to the agenda with an explanation as to
why the item has not been approved by the ~eity Aattorney. No ordinances,
resolutions, or contract shall become effective or enforceable unless it has
been endorsed by the Ceity Aattorney 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 Ceommission must be introduced
and sponsored by a member of the Ceommission , except that the ~etty
Mmanager or ~eity Aattorney may flFesent 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
tile eaffiffiissien , and any e~ommissioner may assume sponsorship thereof
by moving that such ordinances, resolutions, matters or subjects be adopted;
otherwise, they shall not be considered.
Page IOofl4
(N) PARLIAMENTARIAN. The ppresiding Oefficer of the eeuneil Commission,-Bf
2 committee or board, or ftis-said officer's appointee SHall aet as parliamentarian.
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 (I) 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 (10) minutes to make his/her
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 .ceity 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 .ceity 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 .ceity
24 .ceommission may authorize the granting of extra time to the applicant
25 and his/her witnesses and to taxpayers and commercial tenants and
26 .ceity residents.
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(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 everyone 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 of 14
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(P)
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
!::eity 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.
SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BUDGET.
(1) Within five (5) days after the South Miami Community Redevelopment
Agency ("SMCRA") approves the SMCRA budget, the !::eity !::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
~eity ~elerk or the SMCRA Deirector, to Miami-Dade County for approval
by the ,!1board of Ceounty ~eommissioners.
(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 Ceity ~eommission and it
shall be transmitted, by the Ceity ~elerk or the SMCRA Deirector, to
Miami-Dade County for approval by the ,!1board of ~eounty
~eommissioners; or
(b) If the SMCRA ,!1board make,ii any further amendments, within twenty-
four (24) hours of receipt of the SMCRA revised budget by the Ceity
Celerk's eOffice, the ~eity Ceerk shall transmit a copy to the members
of the ~eity Ceommission. Within five (5) days of the Ceity ~elerk'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 SMCRA Board for further consideration.
(5) If the eit)' eommission fails to approve the 8MCRA Fevisee Imeget at the
see one 8MCRA speeial buaget meeting, OF if for any reason the budget is
not approved by October I, the prior year's SMCRA budget shall be deemed
approved, and adopted, by the eit)' eemmission. 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 Celerk or the SMCRA Deirector, to Miami-Dade County for
approval by the Bboard of ~eounty ~eommissioners.
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_
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ATTEST:
CITY CLERK
151 Reading
2 nd Reading
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:
MIAMI DAILY BUSINESS REVIEW
-C"'-
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
-_''',,'
Defore thE-unaecslglleo aut'10f':)' ;)(:;'5011311\' Spp82red
~1=:;-'.:.r,L, :][1\'': 1',1'(' on oath, sal's tila: 11E-or s'le ,~ tile
LEGi.,L CLE:'I~I' ,-egal r~~llces of tnc: lvia''', Oal'\ Busl'less
d2 I', (except SatLJ'08y
Sl'noa', ili10 :"'e;:ra' H,_'llda}'s) ~1L'\'.'Sr'apE" I; lbIIS!'E-C at 1\('an"1I
In i/,aIl1·Dade COem') 1101103 lila: tile atlache.::1 cop) 01
aj','ert SE-!Ilen\ :)8'0'9
matter of
l'iOTI~T 01'" Pl_J[-iLIC Hi:: '·F:II-JG
CITY OF SOUTh !/It-J,~I -Ii & F: F'':''\, I~G IHe El C t~.PR 1-,-
2D1 C
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qf:3nl Lr_'ler s2lS Pial tile said thallli Oal'y Eels.ness
Revle-.', ,s a ne::spapE" fj:_Ji/lslled at 1,1 <'lrr; n 'Or''':) 11113r1' C'ao
e L(UII;,
F!omia eael oa) 'Except Sa:LI~(i2}' Sunday ana
'las been ente-rej ilS 'Oecond ciaO's ma'
eT'GttE' at t·~t' r<st ofk0 11 r,I.13:l1' n sa 0 h~ artl!-Daj>2 CO," t~'
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D~.bll~,2t'O'1 of 1I'C' 2!tarheel COcy co" ao,er:,semel1, 2riC afj',a'1t
fLll111H say~ t'la l he or she ~,as '1'0,'1 '-er POl';:) In: ;;;0I'1IS['0 an,
pescn flrl~' or c('pcrallcJll ar\ d SC,JU"! ceoate CO'l~IT1!SS!CI
or reicl'1cl Toe 11-,e r.!,(i(;se of seC,LI'.'1g 1"10, ajvcril5>2rne't for
"l·bllc2110n ill tile S2-0 Ile."'Sf:l3pe
~:\~irc';: :'~'J<'eii'l)"'; j', ;!O'~':
-,,-,,';.: fIH'-:I,':' ::in !:1-, I;;,,,,:':' 3,~~_!':I,r'
CITY 01' SOUTH MIAMi
~O'l'IC!O Of pUilln.!C HroARII\I@
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, April 17, 2018, beginning at 7:00 p,m., in the
City Commission Chambers. 6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to enter into a multi-year
year agreement with H & R Paving, Inc., by piggybacking onto itS
agreement with the City of Miami.
An Ordinance related to the fee schedule; amending Ordinance 09-17-2279
~o reduce fitness center annual membership fees per ratron find to
add new fees to the schedule.
(
A, o.rdinance amending 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.
hAaria M. tv',enendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby adVises the public
that if a person decides to appeal any decision made by this Board. Agency
or Commission with respect -to any matter considered at its meeting 01
t1earing, 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 to be based
4/6 18-88/0000309673M
26SE
I NEIGHBORS
... ~
CITY OF SOOTH MIAMI
COORTESY NOTICE
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