Ord No 12-20-2366ORDINANCE NO. 12 - 2 0- 2 3 6 6
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
2 Titled "ADMINISTRATION AND CITY GOVERNMENT", Article III titled
"BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments;
mandatory board." to amend the title, add subsection (c) Communication and
delete the sole power of the Mayor to make all appointments.
WHEREAS, Section 8A- l (b) of the City's Code of Ordinances defines "autonomous
personnel", "quasi-judicial personnel", and "advisory personnel"; and
WHEREAS, "autonomous personnel", "quasi-judicial personnel", and "advisory
personnel" are communicating with the City and others using their own private email accounts;
and
WHEREAS, the use of a private email address for City business subjects the board
member to potential invasion of their privacy when a public records request is received by the City
for emails sent and received by the board member and concerning City business; and
WHEREAS, the failure of a City board member to promptly and accurately produce public
records may subject the City to liability if suit is filed pursuant to Chapter 119, Fla. Stat., against
the City relating to a public records request for a board member's City related emails; and
WHEREAS, there are numerous boards and board members and it is not unusual for board
members to come and go on a regular basis; and
WHEREAS, paying for and keeping track of City issued email addresses for each and
every board member would be expensive, and it would be difficult to keep track of the licenses
needed for each account; and
WHEREAS, private email accounts are issued by email servers for free and a board
member can easily request a second free account from the member's current email server.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 2 Titled "ADMINISTRATION AND CITY GOVERNMENT",
Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments;
mandatory board.", of the City of South Miami's Code of Ordinances is hereby amended and shall
read as follows:
Sec. 2-21. - Establishment Appointments and general duties; mandatory board.
Pagel of 3
Ordinance No. 12-20-2366
c) Communication:
(1) It shall be the dutv of all "autonomous personnel", "quasi-judicial
personnel" or "advisory personnel" as defined in section 8A-l(b) of the
City's Code of Ordinances, other than members who are also City
employees and prior to taking any official action or receiving
communication from the City as a board member, to obtain a separate
private email account for use solely for City related activities.
(2) All board members who are not City employees must use their private City
related email accounts for all City related communication.
Section 3. Corrections. Conforming language or technical scrivener -type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
ordinance for signature.
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance
may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may
be changed to "section" or other appropriate word.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall
not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 19's day of May, 2020.
ATTEST: APPROVED:
CITY CLERI YOR
I` Reading - 05/05/2020
2"d Reading - 05/19/2020
Pacue 2 of 3
Ordinance No. 12-20-2366
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 4-0
LANGUAGE, LEGALITY AND Mayor Philips: Yea
EXECUTION THEREOF Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
J Commissioner Gil: Absent
CITY ATTORNEY
Page 3 of 3
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: May 19, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND
CITY GOVERNMENT', Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments;
mandatory board." to add subsection (c) Use of City property or services. 3/5 (Deputy City Manager)
Suggested Action:
Attachments:
Ord amend. Sec 2-21 re Communication.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saha day, Sunday and
Legal Holidays
Miami, Miami.Dade County. Florida
STATE OF FLORIDA
COUNTY OF MNMI-0ADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notion of the Miami Daily
Business Review flkla Miami Review, a daily (except
Sal.uday, Sunday and Legal Holidays) newspaper,
Rib ished at Miami in Miami -Dade County, Florida; that the
attached ropy of advertisement being a Legal Advertisement
of Notice In the matter of
Cir(OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY
COMMISSION -MAY 79, 2020
in Ibe XXXX Court
v published in said newspaper in the issues of
05/082020
Allard further says that the said Miami Daily Business
Renew is a newspaper published at Miami, in said Miami -Dade
Canty, Florida and that the mid newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second clam mail matter at the post
office in Miami in mid Miami -Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and afiant further says that he or she
has neither paid nor promised any person, firm or corporation
arty discount, rebate, Commission or refund for the purpose of
securing this advertisement for publication in the mid
newspaper,
4"ioiv_
Swan nd subscnbed before me this
8 MAY, A.D. e
(SEAL) If
GUC:ERMO GARCIA personalty known to me
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CITY OF MIAMI FLORIDA
UTH
NOTICE TO THE COOF THE VIRTUAL MEETING OF THE
CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20 y
-69,
the City will be holding its CRY Commission Mestin
May 19, 2020 at7:00 p.m. to consider the followin
g VIRTUALLY. The meeting is scheduled to begin on Tuesda
A Resolution authorizing the Ci 9 public hearing items:
ty Manager to negotiate and enter into
Brown Insurance for Insurance Brokerage Services. a multi -year contract with Brown &
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizin
Manager to execute amulti-year interlocalagreement with Miami-Datle County, Police department, for School Crossing Guard Services.° 9 the City
ty, antl the Miami -Dade
A Resolution relating to the review antl adoption of the Miami-Datle Local Mitigation Strategy.
A ResAvenue
relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd
Avenue and iMpO SW Blot Court
the acceptance If campaign An Ordinance amending the City of South Miami Code of Ordinances, C ons ,
retention and production of tlocuments etntorcIn ementefinesond other regulations.
hapter 9, Section 9-11 to prohibit
5d of from any one donor and providing for
AnCIY Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "
AND CITY GOVERNMENT", Article III titled "BOARDS AND COMMITTEES",
mandatory boartl." to adtl subsection (c) Use of City ADMINISTRATION
ty Property Section. 2-21. tiled °APPointments;
An Ordinance amending the City of South P rty or services.
20-4.4 Off-street parking requirements and Article Land
Devon 0 8en Parking Chapter 20,
Article W, Section
An Ordinance amending the City of South Miami Land Development Code, Cha for 20,
Sections 20.7,E - Parking, 20-7. t2 - Permitted and special uses and Parking,
- Parking. P Article VII,
9. 8.5 -CommercialAn Ordinance use, and
nding
relat
HOusFed definitions,eArtoa OV Sections 20-4.9 tifedehon 20-2.31 "Definitions" to
add Housiordable He -
ng" and related regulations, Article V-4 Sections 'Reserved' to create a new category ftitetl 'Affordusing
able
the City of South Miami Code of Ordinances, all to consolidate, add to and to clad
the City
OfiSouth and to, a 8-2, 20$'4' 2".8, and 20-8.10 and $ection i-32 of
er things
it relates to impact fees and development bonusesrovide adtlitional requiremens for IY affordable housing 'as
A 3
_s0A Miami - V�rhA Mee`%n9 of 4he
' 1 (OM655ion
NOTE. location Map applies to all Items below
gTr 19RD ST _
_.._
y�-�___---I 5'N TdTH 3T
I a
•.---._—
An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive
Plan Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development
District (rODD) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and
7331 SW 59th Avenue and as legally described herein.
An Ordinance pursuant to Section 20.5.7 and other applicable provisions of the City of South Miami Land
Development Code modifying Article 11, _Sections 20-3.1(A) and (B) and 20-3.3(D), Article VII, Section 20-7.2, and
Article Vill, Sections 20-8.1 through 2".17 in order to create a new zoning subcategory, Transit -Oriented
Development District Mixed -Use Market (TODD MU-M).
An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment
to the City of South Miami Official Zoning Map tram Neighborhood Retail (NR) to Tmnsit-Oriented
Development District Mixed -Use Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie
site located at MD SW 73rd Street and 7331 SW 59th Avenue and as legally described herein.
The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will
participate by video conferencing through the Zoom platform and members of the public may join the meeting via
Zoom at fhttgal/zoom us/V3056636338) and participate. If you desire to present evidence or you are unable to
use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen
and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted
at City Hall and at http_//wWwsouthmlamRI.gov/580/Public-Meetings-Notices, Anyone who wishes to review pending
application and supporting documentation In person must make an appointment by calling 305-663-6340.
Please note that Governor DeSentis's Executive Order Number 20-69 suspended the requirements of Section
166.045, Fla. Stat., that a quorum to be present in person, and that a local government body meet at a specific
public place. The Executive Order also allows local government bodies to utilize communications media
technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board,
Agency or Commission with respect to any matter considered at its meeting or heating, a record of the
proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the
proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a
modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a
City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting
the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600
(M/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne®southmiamifi.gov.
IRYM
313
Nkenga A. Payne, CMC
City Clerk
20-27/0000469691M
165E NEIGHBORS SUNDAY MAY 10 2020
MIANHER4D.COM
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be
holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, May 19, 2020 at 7:00 p.m. to
consider the following public hearing items:
A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance
for Insurance Brokerage Services.
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to
execute a multi -year inter -local agreement with Miami -Dade County, and the Miami -Dade Police department, for School
Crossing Guard Services."
A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy.
A Resolution relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd Avenue and
7340 SW 61st Court.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 to prohibit the acceptance
of campaign contributions in excess of $250 from any one donor and providing for retention and production of documents,
enforcement, fines and other regulations.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY
GOVERNMENT', Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments; mandatory board."
to add subsection (c) Use of City property or services.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.4
Off-street parking requirements and Article VIII, Section 20-8.8 Parking.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article VII, Sections 20-7.6 - Parking,
20-7.12 - Permitted and special uses and parking, 20-8.5 - Commercial use, and 20-8.8 - Parking.
An Ordinance amending Chapter 20, Article II, Section 20-2.3, "Definitions" to add Affordable Housing related definitions,
Article IV, Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations,
Article VIII, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances,
all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide 8
additional requirements for affordable housing as it relates to impact fees and development bonuses.
SBX0ay111IR LDCOW NEIGHBORS I nsE
MIA11IYEI10 X
An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan
Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development District (TODD) on a
1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally
described herein.
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development
Code modifying Article II, Sections 20-3.1(A) and (B) and 20-3.3(D), Article Vill Section 20-7.2, and Article Vill, Sections
20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use
Market (TODD MU-M).
An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of
South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use
Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW
59th Avenue and as legally described herein.
The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate
by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at
(httos://zoom.us/i/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom,
there are procedures to follow and other options available including a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at
http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting
documentation in person must make an appointment by calling 305-663-6340.
Please note hat Governor DeSantis'a Executive Order Number 2M9 suspended the requirements of Section 166.045, Fla. Stat. that a quorum to be present in person, and that a
local government body meet at a specific public place. The Executive Order also allows local government bodies to ullliae communications media technology, such as telephonic and
video conletencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by
a Board. Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be
required Ie have a verbatim transcript of the proceedings Including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice
or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4'.00 p.m. 3 business days before the meeting
(not eourrvng the day of the meeting) deliver your request to the City Clerk by lelephone: 305-722-8686 (voice) or 305442-1600 (TTY/TDD) or by mail at 6130 Sunset Drive.
South Ni Florida or email at npaynesouthmiamill.gov.
Nkenga A. Payne, CMC
City Clerk