Loading...
Ord No 18-19-2331Ordinance No. 18 -19 - 2 3 31 An Ordinance amending Chapter 2, Article I Section 2-2.1(K-) titled "DECORUM" of the City of South Miami's Code of Ordinances. Whereas, it takes a substantial commitment of time and hard work to be a good commission member; and Whereas, the process of conducting meetings of the City Commission and its Boards and Committees in an orderly and respectful manner is essential to the successful function of a City government; and Whereas, elected members of the Commission represent the City government at all times; and Whereas, the rights of citizens to be heard are preserved through time -limited and orderly speech in meetings of the City Commission and Boards during public remarks and certain hearings and workshops; and Whereas, the rights of citizens to observe public and monitor meetings of the City Commission is assured via electronic means; and Whereas, disorderly and disruptive conduct at public meetings interferes with the successful function of City government. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Chapter 2, Article I, Section 2-2.1. (K) of the City of South Miami Code of Ordinances is hereby amended and shall read as follows: (K) DECORUM. /9A>> Gemminnien Akw.bef+n• While the i~errminni n in in c.oc.c.+ter, theMembers w»io4 7 > and a Member- shall, neither by eenver-satien er > exeept as ether -wise pr-evided. Commission Membefs shall net in exte eemmuniemien regarding any item on the agenda during the 4im.&Ha. +LP IqUart-AMLE-n may not take pietur-es ef audienee members ffem the dais and Member-s must exit t vaiauaunless Fern-rr«euvJ the Chaifman. The City's Code of Ethics and Conduct is designed to describe the manner in which Commissioners, Board and Committee Members should treat one another, City staff, constituents, and others they come into contact with in representing the City of South Miami. The constant and consistent theme through all of the conduct guidelines is Ordinance No. 18-19-2331 "respect." Commissioners experience large workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected and appointed officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Commissioners and Board and Committee Members to do the right thing in even the most difficult situations. (1) By Commission Members. a. While the Commission is in Session the Members must preserve order and decorum, and a Member shall, neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission nor disturb any Member while speaking or refuse to obey the orders of the Commission or its Presiding Officer, except as otherwise provided. Commission Members shall not engage in external communication regarding any item on the agenda during the time between the start of a Commission meeting and the time that such meeting is adjourned for the day. Members may not take pictures of audience members from the dais and Members must exit the Chamber for mobile phone calls unless permitted by the Chairman. b. Elected and Appointed Officials' Conduct with One Another. Elected and appointed officials are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may "agree to disagree" on contentious issues. c. In Public Meetings i. Use formal titles. Elected and appointed officials should refer to one another formally during public meetings, such as Mayor, Vice Mayor, Chair, Commissioner or Member followed by the individual's last name. ii. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. It is the responsibility of the Chair to keep the comments of Members on track during public meetings. Members should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair's actions, those objections should be voiced politely and with reason following procedures outlined in parliamentary_ procedure. iii. Avoid personal comments that could offend other Members. If a Member is personally offended by the remarks of another Member, the offended Member should make notes of the actual words used and call for a "point of personal Page 2 of 5 Ordinance No. 18-19-2331 privilege" that challenges the other Member to justify or apologize for the language used. The Chair will maintain control of this discussion. iv. Demonstrate effective problem -solving approaches. Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. d. Outside of official meetings. Unless attending Commission, Board or Committee meetings, individual Commission, Board and Committee Members are not authorized to represent the City or their Board or Committee unless specifically designated by the Commission or the Board or Committee to do so for a particular purpose. In private settings, Board or Committee Members may communicate at any time and on any subject with individual Members of the City Commission and may express to them individual viewpoints and opinions such as permitted by law. In public, however, all Members shall represent the official policies or positions of their Board or Committee, with the following exception. The Chair, or a member delegated by the chair, shall represent the majority view of the Board or Committee, but may report minority views as well, including his or her own.__ i. Conduct of Members. The professional and personal conduct of Members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Members of Commission, Board or Committee, the staff or public. Individuals shall be identified by title or by common references such as "the gentleman" or "the lady" and not by name in an effort to depersonalize issues and positions. H. ReMect.for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Commission, Board or Committee governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Commission by City staff. iii. Conduct ofPublic Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making_ personal comments, making comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings_ iv. Reasonable Opportunity to be Heard. The City of South Miami's public hearings including City Commission, CRA meetings and special meetings shall be governed by Florida Statute 286.0114 as amended. v. Remedy. Violation of this section may b�ject to removal or censure by the City Commission. Page 3 of 5 Ordinance N0.18-19-2331 By persons. Any person who makes slander-eu or intentionally nude uneivil remarks, and who refuses or fails tR desiqt ffem makifig sue .._',s after being instfueted to d, e or w shall become disruptive in the Commission eChamber 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 gPresiding eOfficer, unless overruled by a majority vote of the Commission, Board, or Committee. 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 regarding and issue on the agenda. Signs to be used at the podium must be brought into the Commission eChambers 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 eChamber. Persons exiting the Commission eChamber shall do so quietly. The use of acoustic mobile communication device, such as phones, in the Commission eChamber is not permitted while the Commission 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 eChamber 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. Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami 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 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 7"' day of May, 2019. ATTEST: APPROVED: Q&,k0m, /4 a" - CITY CLERK MA OR Page 4 of 5 Ordinance No. 18-19-2331 I" Reading: 04/02/19 2"d Reading: 4/16/19; 5/7/19 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5-0 LANGUA , L GALITY AND Mayor: Stoddard: Yea E E Vice Mayor: Harris Yea Commissioner: Welsh Yea Commissioner: Gil Yea Commissioner: Liebman Yea CITY TORNEY Page 5 of 5 Agenda item No:12. City Commission Agenda Item Report Meeting Date: May 7, 2019 Submitted by: Nkenga Payne Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Chapter 2, Article I Section 2-2.1(K) titled "DECORUM" of the City of South Miami's Code of Ordinances. 3/5 (Mayor Stoddard) deferred April 16, 2019 Suggested Action: Attachments: CA proposed amendment to Decorum Ord. for 2ndReading.docx Ordinance decorum amending Section 2.2-1(K) DECORUM v4CArevdocx.doc MDBR Ad.pdf Miami Herald Ad.pdf MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami. Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she Is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - APR . 16. 2019 in the XXXX Court, was published in said newspaper in the issues of 04/05/2019 Afiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said 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 class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. and aRiant further says that he or she has neither Paso not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said GUILLERMO GARCIA personally known to me • '.c�7, BARBARATHOMAS ••-'-A Commissmn fl GO 121171 1U Expires November 2, 2021 �•.P,f,„4{ esMatl TNuTroyFan llnluance800-3AS7919 CITY OF SOUTH MIAMI NOTIC"F PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, April 16, 2019, beginning at TOO p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fallowing items: A Resolution authorizing the City Manager to negotiate and enter into a muhi-year contract with Becker & Poliakoff, P.A. for Federal Lobbying Services and related consulting services. An Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoning designation of the property located at 7800 SW 57 Avenue, and as legally described herein, from °RS-3' Residential and'RO' Residential to'LO' Low -Intensity Office. . An Ordinance amending the City of South Miami's land Development Code, Section 20-4.4 Offshoot parking requirements., Section 20-7.6 Parking; and Section 20-7.12 Permitted and special uses and parking requirements. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article III, Sections 20-3.4, 20-3.5 and 20-3.6: Article IV, Sections 20-4.3, 20-4.5, and 204.5.1; Article V, Sections 20-5.11, 20-5.12, 20-5.13, and 20-5,23; Article VI, 20-6.2.; Article VII, Sections 20- 7.14, 20-7.15, 20-7.22, 20-7.24, 20-7.52; Article Vill, Sections 20-8.9 and 20-8.12; Article IX, Section 20-9.5; Article X, Sections Section 20-10.4, 20-10.5 and 20-10.9; Article XI, Section 20-11.9; and to amend the City's Code of Ordinances, Chapter 7, Section 7-3.1; Chapter BA, Section BA-11; Chapter 13 Article X. Section 13-85 to amend the powers of the Environmental Review and Preservabort Board and to make otherrevisions. 12 C��,A 5 � 50()fih AI l aw, An Ordinance amending Chapter 2, Article I Secfion 2-2.1(IQ titled 'DECORUM' of the City of South Miami's Code of Ordinances. An Ordinance extending the moratorium on the execution of new parking space fee agreements and the payment of fees pursuant to such existing agreements by businesses in the commercially zoned districts in the City. 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. Nkenga A. Payne, 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 or hearing, he or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal Is to be based. 415 19-121/0000392035M 13 305E NEIGHBORS I MIAMINERALD.COM9 %, a/wW/lil ; The Place to Shop for Every Occasion Personal service is our specialty • Bridal Gowns • Mother of the bride and Groom • Social Occasion Gowns • Prom, Sweet 15, Bat Mitzvah • Social Occasion Attire • Intimate Apparel & Shapewear • Sizes 0-30 • Special Orders Available • Accessories Monday, Wednesday.anc Friday: 10am-6pm, Tuesday and Thursday; loam-Bpm We're worth the 606 Washington Avenue, Homestead, FL 33030 305.245.0898 AnnMarlesBritlalBoutiq nnmarinahridalhnutimreec .L0006 gLl'eliZ a,,j - LATIN#3 AMERICAN CAFETERIA -RESTAURANT The same quality & tradition as the latin Amman of 571h Avenue r y BREAKFAST SPECIAL ` 7, nNClmNMerMay-FXtlay$4.99 DAILY s.0 7am-NooNsa1Urmv-s,ine4ssa9 LUNCH tam, ar5cmmblusEggs : tt- � Ham, or Sausage: ---1✓ rGV SPECIALS es or _-- :� Potatoes aroffee .= Toast and Coffee WE CATER Special Prices for Partlest NEW ADMINISTRATION Owners of 57th Avenue are BACV Open 7AM-111PM 9605 SW 72 Street (Sunset Drive) 305.270.1017 DISCOUNTS TO: UNIFORMED POLICE OFFICERS (25%) All major credit cards accepted - Including Pdmecard — F®z CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, April 16, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: A Resolution authorizing the City Manager to negotiate and enter into a multi- year contract with Becker & Poliakoff, P.A. for Federal Lobbying Services and related consulting services. An Ordinance pursuant to a request to amend the Official Zoning Map, amending the zoning designation of the property located of 7800 SIN 57 Avenue, and as legally described herein, from "RS-3" Residential and "RO" Residential to "LO" Low -Intensity Office. An Ordinance amending the City of South Miami's Land Development Code, Section 20-4.4 Off-street parking requirements; Section 20-7.6 Parking; and Section 20-7.12 Permitted and Special uses and parking requirements. An Ordinance amending the City of South Miami Land Development Code, Chapter 20. Article M, Sections 20-3.4, 20-3.5 and 20-3.6: Article IV, Sections 20-4.3, 20-4.5, and 204.5.1; Article V, Sections 20-5.11, 20-5,12, 20-5.13, and 20-5.23; Article VI, 20-6.2.; Article VR, Sections 20-7.14, 20-7.15, 20-7.22, 20-7.24, 20-7.52; Article VBI, Sections 20-8.9 and 20-8.12; Article IX, Section 20-9.5; Article X, Sections Section 20-10.4, 20-10.5 and 20.10.9; Article Xi, Section 20-11.9; and to amend the City's Code of Ordinances, Chapter 7, Section 7-3.1; Chapter 8A, Section 8A-1; Chapter 13 Article X, Section 13-85 to amend the powers of the Environmental Review and Preservation Board and to make other revisions. An Ordinance amending Chapter 2, Article I Section 2-2.1(K) titled "DECORUM" of the City of South Miami's Code of Ordinances. An Ordinance extending die moratorium on the execution of new parking space fee agreements and the payment of fees pursuant to such existing agreements by businesses in the commercially zoned districts in the City. 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. Nkenga A. Payne, CMC City Clerk Pursuant in Florida Statutes 286.01 O5, the City hcrehy advises the public that if a person decides In 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 Ihal a 14 verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.