_agenda6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
CITY COMMISSION MEETING AGENDA
Tuesday, June 5, 2018, 7:00 PM
CITY HALL/CITY COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION
MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSON
WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS
TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE
COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE
FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE
PRESIDING OFFICER, 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 COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT UNTIL THE
SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE COMMISSION CHAMBER.
PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE COMMUNICATION DEVICE, SUCH
AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSIONIS 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
CHAMBER 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.”
A.SILENCE OR TURN OFF ALL CELL PHONES
B.ADD-ON ITEM(S)
C.ROLL CALL
D.MOMENT OF SILENCE
E.PLEDGE OF ALLEGIANCE
F.LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
G.PRESENTATIONS
H.APPROVAL OF MINUTES
Ha.05.15.18 Minutes 1
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05.15.18 Minutes.pdf
I.CITY MANAGER’S REPORT
J.CITY ATTORNEY’S REPORT - [City Attorney reminder: Remarks are limited to those matters
that are not quasi-judicial. Any comment on a quasi-judicial matter may be made when the item is
called and the speaker is under oath.]
K.PUBLIC REMARKS
L.BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
M.COMMISSION REPORTS, DISCUSSION & REMARKS
N.CONSENT AGENDA
1.A Resolution authorizing the City Manager to purchase goods and services from Thor Guard,
Inc. to furnish and install lightning prediction and warning systems at multiple City parks.
3/5
(City Manager-Parks & Recreation)
Memo- Thor Guard (QP1).docx
Reso_-_Thor_Guard__Inc.-1CArev w nos..docx
Thor Guard Proposal.pdf
Sole Source Ltr..pdf
SunBiz - ThorGuard.pdf
2.A Resolution authorizing the City Manager to purchase goods and services from 50 State
Technology, Inc. to furnish and install high definition security cameras inside the office at
Dante Fascell Park. 3/5
(City Manager-Parks & Recreation)
Memo-Security Cameras.docx
Reso-Security Cameras.docx
Proposals.pdf
50 State - sunbiz.pdf
3.A Resolution authorizing the City Manager to purchase goods and services from Napoles
Irrigation, Corp. to furnish and install a new irrigation line at South Miami Park.
3/5
(City Manager-Parks & Recreation)
Memo-SMP_Irrigation_Line sa.docx
Reso-SMP Irrigation Line.docx
Irrigation Proposals.pdf
SunBiz-Napoles.pdf
4.A Resolution authorizing the City Manager to negotiate and enter into a contract with RJ
Spencer Construction, LLC, for the Drainage Improvements and Parking Lot Repairs at Dante
Fascell Park. 3/5
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(City Manager-Public Works)
RJ_Spencer_Construction_LLC_-_Memo_for_Dante_Fascell_Parking_Revamp_and_drainage_
PWD_5-14-2018 (003).doc
Resolution re K with RJ_Spencer-Dante Fascell Parking Revamp&drainage.docx
Bid Opening RFP PW2018-08 5.8.2018 .pdf
Pre-Bid Sign in Sheet.pdf
RJ SPENCER South Miami Dante Fascell Park_000008.pdf
Proposal Summary Drainage & Parking Lot Improvements at Dante Fascell 5.8.18.pdf
DEMAND STAR DANTE DRAINAGE IMPROVEMENTS 5.9.18.pdf
RFP Advertisement.pdf
SUN BIZ RJ SPENCER.pdf
5.A Resolution authorizing the City Manager to negotiate and to enter into a contract with
Canyon Construction, Inc., for the installation of a new gateway monument sign to be placed
at Fuchs Park. 3 / 5
(City Manager-Public Works)
Memo_for_Gateway_Sign_at_Fuchs_Park_PWD_5-21-2018-1CArev sa.docx
Reso_for_Gateway_Sign_at_Fuchs_PArk__PWD_5-21-2018CArevwNos.docx
email from Canyon Construction related to Gateway Sign.pdf
email from IMF related to Gateway Sign.pdf
Finance Account Balance 301-1790-519-6450.pdf
Bid Opening Report Fuchs Park Gateway Sign 7.25.17.pdf
Pre Bid Sign In Sheet RFP PW2017-15 7.6.17.pdf
Proposal Summary Fuchs Park Gateway Sign 7.25.17.pdf
Demand Star Fuchs Park Gateway Sign 7.25.17.pdf
Notice Fuchs Park Gateway Sign RFP.pdf
Sun Biz Canyon Construction 7.25.17.pdf
After Action Commission Meeting 8-15-2017.pdf
O.RESOLUTION(S)
6.A Resolution authorizing the City Manager to enter into an agreement with CBRE, Inc., to
conduct market value services for the South Miami parking garage.
3/5
(City Manager)
CM_Memo-CBRE_Market_Value_Analysis_Parking_Garage_5.14.18 sa.docx
W_Nos_Resolution_Market_Value_Services_5.14.18.docx
CBRE - Proposal.pdf
CITY CHARTER SECTION 5 Exceptions to Competitive Bidding.docx
Sun Biz CBRE 5.14.18.pdf
7.A Resolution authorizing the City Manager to expend an amount not to exceed $6,259.00 for
election costs for the August 28, 2018 Special Election, held in conjunction with the
Miami-Dade County Primary Elections. 3/5
(City Manager)
Resolution_special_election_costs_2018.docx
8.A Resolution amending Resolution No. 123-17-14924 to extend the expiration of the
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Variance approval for a reduction in the number of parking spaces provided for a Mixed-Use
Project on the West Madison Square property as legally described herein.
4/5
(City Manager-Planning & Zoning)
West_Madison_Square_Variance_Extension_Staff_Memo_05-15-2018sa.docx
Madison Square West Variance Use Extension Resolution Line Numbers - 5-8-2018.docx
Madison Square Extension Request Letter.pdf
9.A Resolution amending Resolution No. 125-17-14926 to extend the expiration of the Special
Use approval for an increase in height from two stories to three stories for a Mixed-Use
Project on the East Madison Square property as legally described herein.
4/5
(City Manager-Planning & Zoning)
East Madison Square Special Use Extension Staff Memo 05-15-2018.docx
Madison Square East Special Use Extension Resolution -Revised 050818 with Line
Numbers.docx
Madison Square Extension Request Letter.pdf
10.A Resolution amending Resolution No. 126-17-14927 to extend the expiration of the
Variance approval for a reduction in the number of parking spaces provided for a Mixed-Use
Project on the East Madison Square property as legally described herein.
4/5
(City Manager-Planning & Zoning)
East Madison Square Variance Extension Staff Memo 05-15-2018.docx
Madison Square East Variance Use Extension Resolution line numbers - 5-8-2018.docx
Madison Square Extension Request Letter.pdf
11.A Resolution amending Resolution No. 203-17-15004 to extend the expiration of the Special
Use approval for an increase in height from two stories to three stories for a Mixed-Use
Project on the West Madison Square property as legally described herein.
4/5
(City Manager-Planning & Zoning)
West Madison Square Special Use Extension Staff Memo 05-15-2018.docx
Madison Sq W Sp Use Ext Resolution w Nos..docx
Madison Square Extension Request Letter.pdf
P.RESOLUTION(S) PUBLIC HEARING(S)
12.A Resolution authorizing the City Manager to enter into a multi-year Interlocal Agreement
with Miami Dade County for canal maintenance for the Ludlam Glades and Broad Canals for
an amount not to exceed $220,290 annually.
3/5
(City Manager)
Memo_interlocal_MDC_canalF sa.docx
Reso_CanalMaintenance_Interlocal_with_MDC_2018CArev3.docx
IA South Miami (FY 18-20) IA 5-15-18.doc
Attachment A - % Share 2-27-18.xls
Attachment B - Cost Share 5-15-18.xls
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Stormwater Fund FY18.xlsx
Miami Herald Advertisement.pdf
MDBR Advertisement - Ludlam Glades & Broad Canals.pdf
13.A Resolution authorizing the City Manager to enter into multi-year contracts for emergency
debris removal and disposal services for total term not to exceed five (5) consecutive years.
3/5
(City Manager)
CM Memo Emergency Debris Removal.docx
W_Nos_Resolution_Emergency_Debris_Removal.docx
DRC Proposal.pdf
Custom Tree Care.pdf
Ceres Proposal.pdf
ATL DISASTER RECOVERY.pdf
Bid Opening Report Emergency Debris Removal 4.18.18.pdf
FINAL Evaluation Selection Score Sheets RFP CSM2018-06 5.16.18.pdf
Advertisment.pdf
DEMAND STAR EMERGENCY DEBRIS REMOVAL.pdf
Sun Biz Top 4.pdf
Miami Herald Advertisement.pdf
MDBR Advertisement.pdf
14.A Resolution authorizing the City Manager to enter into a multi-year contract for citywide SIP
phone service with Windstream for a total term not to exceed three (3) consecutive years.
3/5
(City Manager-Finance)
revCM Memo Windstream SIP Contract 5.14.18.docx.JC.docx
W Nos Resolution Windstream SIP Phone Service 5.14.18.docx
City of South Miami Service Agreement 4-25-18.pdf
add_50755_50755_City of South Miami - Various REVISED - Kelly Wasko 4.26.2018_cj.pdf
IT Recommendation SIP Phone System.pdf
Miami Herald Advertisement.pdf
MDBR Advertisement.pdf
15.A Resolution of the City of South Miami, Florida, amending Resolution No. 094-18-15127,
and placing a question on the August 28, 2018, primary election ballot seeking voter
approval of an amendment to the City’s Charter, Article II, Section 6D, reducing voting
requirements needed to amend land use and development regulations in certain commercial,
industrial, and mixed-use areas near the South Miami Metrorail Station.
3/5
(Mayor Stoddard)
Resolution ballot question revisionCArevCompared.docx
Miami Herald Advertisement.pdf
MDBR Advertisement.pdf
Q.ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
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R.ORDINANCE(S) FIRST READING(S)
16.An Ordinance related to the fee schedule; amending Ordinance 07-18-2296 to increase some
fees, to add new fees, and to delete some fees related to the tennis fee schedule at Dante
Fascell Park. 3/5
(City Manager-Parks & Recreation)
Memo.Tennis Fee Schedule (QP2).docx
Ordinance-Tennis Fee Schedule '18.docx
Proposed Changes - Tennis Fee Schedule '18 (QP).pdf
Ord No 07-18-2296.pdf
S.ADJOURNMENT
PURSUANT TO FLORIDA STATUTE 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 PROCEEDIGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION O1R ADMISSION OR
OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED
BY LAW.
PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START OF REGULAR
COMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE
CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR
APPROVED BY THE COMMISSION, AND THE COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY
OTHER SPEAKER.”
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
ANY AGENDA ITEM THAT HAS A QUASI-JUDICIAL WARNING IS CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS OF THE CITY
COMMISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, OTHER THAN AT THE MEETING SCHEDULED TO RESOLVE
THE MATTER, UNTIL THE MATTER IS RESOLVED AT A PUBLIC MEETING AND THE MEETING IS ADJOURNED. YOU ARE PROHIBITED FROM
MAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A SITE VISIT OR MAKING WRITTEN REQUESTS FOR
INFORMATION FROM CITY EMPLOYEES AND RECEIVING WRITTEN RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTEN
REQUESTS FOR INFORMATION AND RESPONSES THERETO MUST BE FILED WITH THE CLERK AND A COPY MUST ALSO BE SENT TO THE
PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBAL
COMMUNICATION WITH CITY EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE’S PROPERTY WITHOUT
THEIR PERMISSION. FURTHERMORE, YOU MAY NOT DISCUSS THE MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDING
NEIGHBORS. YOU MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF THIS MATTER INVOLVES
LAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND ZONING DIRECTOR. ALL INFORMATION THAT YOU OBTAIN ON THIS
MATTER, OTHER THAN YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION PROVIDED BY STAFF, MUST BE
PRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO
PRESENT THE APPLICATION AND ANY EVIDENCE IN SUPPORT OF THE APPLICATION. IF THERE IS A BREAK IN THE MEETING, YOU MAY NOT
ALLOW OTHERS TO SPEAK TO YOU ABOUT THE MATTER OR ALLOW THEM TO PROVIDE YOU WITH ANY INFORMATION ABOUT THE
MATTER. IF THE MATTER REQUIRES MORE THAN ONE HEARING, YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THE
MATTER IS RESOLVED BY A FINAL WRITTEN RESOLUTION OR, IF APPLICABLE, ORDINANCE, AND, EVEN THEN, NOT UNTIL THE MEETING IS
ADJOURED. IF YOU RECEIVE AN EMAIL OR ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE ADJOURNMENT
OF THE HEARING AT WHICH A FINAL DECISION IS MADE FROM ANYONE OTHER THAN CITY EMPLOYEES ACTING IN THEIR OFFICIAL
CAPACITY, YOU MAY READ IT BUT YOU ARE NOT ALLOWED TO RESPOND TO IT AND YOU ARE REQUIRED TO IMMEDIATELY PROVIDE A
COPY OF ANY WRITTEN COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THE CITY CLERK, AND A COPY
MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. IN ADDITION, IF
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YOU RECEIVE ANY VERBAL, OR WRITTEN COMMUNICATION (OTHER THAN WHAT HAS ALREADY BEEN DELIVERED TO THE CLERK AND
THE PLANNING AND ZONING DIRECTOR) YOU ARE REQUIRED TO DISCLOSE IT AT THE PUBLIC MEETING AND, IF IT WAS VERBAL, YOU
ARE REQUIRED TO WRITE A MEMORANDUM THAT INCLUDES THE INFORMATION RECEIVED AND THE NAME AND ADDRESS OF THE
PERSON PROVIDING THE INFORMATION, AS WELL AS THE DATE, TIME AND PLACE WHERE THE COMMUNICATION TOOK PLACE. THIS
DOCUMENT MUST BE DELIVERED AS SOON THEREAFTER AS POSSIBLE TO THE CITY CLERK, AND IF APPLICABLE TO A LAND RELATED
ISSUE, A COPY MUST ALSO BE DELIVERED TO THE PLANNING AND ZONING DIRECTOR.
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC OFFICIAL, AND AN
APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI-JUDICIAL HEARING
WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDA
STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES
ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY
PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX
PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS
TO BE MADE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL
EX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY
QUASI-JUDICIAL DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW THE
USE OF EX-PARTE COMMUNICATIONS AS FOLLOWS:
1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION AND
THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE, AS SOON AS
PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK 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.
IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THE
COMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY COMMISSION
HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD RESULT IN THE ACTION
TAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOT
ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISE
BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THE
DETRIMENT OF THE CITY AND OTHER PARTIES.
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