Ord No 20-20-2374ORDINANCE NO.20-20-2374
An Ordinance amending the City of South Miami Land Development Code,
Section 20.6.1(B), (C) and (D) to provide for special meetings and Sunshine
meetings.
WHEREAS, the City's Planning Board, Environment Review and Preservation Board
and its Historic Preservation Board have apparent limitations on when they can meet; and
WHEREAS, from time to time, there is a need to meet to discuss procedural matters or
new legislation that cannot be taken up during a regular meeting because of time restraints; and
WHEREAS, the Mayor and City Commission desire to provide the Planning Board,
Environment Review and Preservation Board and the Historic Preservation Board with more
flexibility to meet.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAM19 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. Article VI. Titled "ADMINISTRATION AND ENFORCEMENT",
Section 20.6.1(B), (C) and (D), of the City of South Miami's Land Development Code are
hereby amended and shall read as follows:
Sec. 20.6.1- Administrative entities.
(B) Planning Board.
(1) Establishment and Membership.
(a) There is hereby created a local planning agency to be known as the South Miami
Planning Board.
(b) The Board shall be comprised of seven (7) members who reside in the City.
i. In accordance with the City Charter, Article II, Section &A, each City
Commissioner shall appoint one (1) person to serve as a representative on the
Board and all other members of the Board shall be appointed by three (3)
affirmative votes of the City Commission based on FesemmendadeRs
nominations submitted by any City Commissioner.
H. Planning Board members shall be appointed
tae -aE.. .lad -for a two (2) year terms.
iii. Vacancies shall be filled for the remainder of any unexpired terms.
Iv. Any member of the Board shall automatically be removed for missing three (3)
regular meetings in a row or five (5) meetings in a twelve (12) month period.
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Ordinance No. 20-20-2374
v. * The Director of Planning and Zoning shall keep a record of meetings missed and
advise the City Commission and the member being removed that such member
has been automatically removed.
(2) Organization.
(a) The Board organization, procedures, meeting notice and meeting conduct shall be in
accordance with bylaws adopted by the Board.
(d) Meetings.
i. The Planning Board shall hold one (1) regular meeting at a time set by the Board but
no earlier than 6:00 p.m. and no later than 8:00 p.m., on the second Tuesday of each
month unless the meeting falls on a legal holiday. in which event it shall be
rescheduled to a date when a Quorum of the board is available to meet either before
or after the re , ucL laxly scheduled meeting. Meetings need not be held if there are no
scheduled agenda items. All regular meetings shall be held at City Hall.
Ii.Two or more members of the Board may hold a Sunshine meeting in the same manner
and under the same procedures as such meetings are scheduled by the Cily
Commission.
(e) The Chairperson or the Planning and Zoning Director shall have the authority to call a
special meeting if there are items or applications that require Board action, or due to
circumstances which prevent a regularly scheduled meeting from being held and
provided that notice of the meeting is given to the City Commission, Board members,
applicants, and posted at City Hall not less than three (3) working days prior to the
meeting date.
* * *
(4) Procedures.
* * *
(c) Meetings of the Board shall be public and notification of such meetings shall be in
accordance with city ordinances and state law.
(C) Environmental Review and Preservation Board.
(2) Organization.
(a) Meetings.
i. The board shall hold two (2) regular meetings each month, on the first and third Tuesday
of each month unless the meeting falls on a Iggal holidgy. in which event it shall be
rescheduled to a date when a quorum of the board is available to meet as soon thereafter
as possible..
ii. Meetings shall not be held if no plans, specifications or items are submitted for review.
iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working days
prior to any meetings.
iv. The Plannina and Zoning Department Director may call a special meeting if. in the
Director's sole discretion. the Director determines that such a meeting is necessary.
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Ordinance No. 20-20-2374
v. Two or more members of the Board may hold a Sunshine meeting in the same manner
and under the same Procedures as such meetings are scheduled by the City
Commission.
* *
(4) Procedures.
(c) Meetings of the board shall be public and notification of such meetings shall be given in
accordance with Code provisions. If any scheduled meeting is not held (whether for lack
of quorum or otherwise), then all applications scheduled for such meeting shall be heard
and decided by the Planning and Zoning Director of the Building, Zoning, and
'Community Development Department (or the director's designee) no later than the end of
the next business day after the scheduled meeting was to have been held. The director's
decision, if for approval, shall* constitute BRPB approval. The seven-day appeal period
begins the day after the directors decision.
* * *
(D) Historic Preservation Board.
(2) Organization.
(a) Meetings.
L The Board shall hold one (1) regular meeting each month on the last Monday of
each month, except in June. In the event a regular meeting falls on a Iggal holiday. it
shall be rescheduled to a date when a quorum of the board is available to meet as
soon thereafter as possible.
U. Meetings shall not be held if no designation reports, plans, specifications or
scheduled matters are to be submitted and/or initiated by the Board for review.
iii. Agendas of all meetings shall be posted at City Hail not less than three (3)
working days prior to any regularly scheduled meetings, excluding workshops.
iv. The Planning and Zoning Department Director may call a special meeting if, in
the Director's sole discretion. the Director determines that such a meeting is
necessary.
v. Two or more members of the Board may hold a Sunshine meeting In the same
manner and under the same procedures as such meetings are scheduled by the City
Commission.
* * *
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.
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Ordinance No. 20-20-2374
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 5. 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 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 70' day of July. 2020.
ATTEST: APPROVED:
l
CI CLE YOR
I51 Reading — 6/16/20
2nd Reading — 7/7/20
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
A
Page 4 of 4
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Hams:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Rem No:17.
City Commission Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(B), (C) and (D) to
provide for special meetings and Sunshine meetings. 315 (City Attorney)
Suggested Action:
Attachments:
Ord amending 20.6.1(B)(C)(D) re spec Sunshine MtgsdjtCAvev2.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Pubbsaed Dairy Cacep: SO!u:dar. S::naay a -.a
Legal Holidays
Miem,, Mami-0ade County, Fbnda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personalty appeared
GUILLERMO GARCIA. who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review Dole 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
CITY OF SOUTH MIAMI -VIRTUAL MEETING OF THE CITY
COMMISSION - JUL. 7. 2020
in the XXXX Court.
was published in said newspaper in the issues of
06/26/2020
Arrant further says that the said Miami Daily Business
Review is a newspaper published at Miami, In said Miami -Dade
soul..
U incoaro"u
P
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CITY OF SOUTH MIAMI, FLORIDA
—NOTICE TO THE PUBLIC OF THE VIRTUAL
MEETING OF THE CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stet,
and Executive Order Number 20-69, the City will be holding its City
Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuesday. July 7, 2020 at 7:U0 p.m. to consider the fattening public hearing items:
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 15 Titled -OFFENSES AND MISCELLANEOUS PROVISIONS', Article I.
tilled "IN GENERAL", Section. 15.33, titled "Indecent exposure; dressing
appropriately for sex."
County. Florida and that the said newspaper has heretofore An Ordinance amending the City of South Miami Land Development
been continuously published in said Miami -Dade County. Florida Code, Section 20.6.1(B), (C) and (D) to provide for special meetings
each day (except Saturday. Sunday and Legal Holidays) and and Sunshine meetings.
has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County. Florida, for a period
or one year nett preceding the first publication of the attached
copy of advertisement; and athant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
severing this advertisement for publication in the said
newspaper.
Syrom o and Subscribed before me this
26 rl 9 f JUNE, A.D. 2020
(SEAL)
GUILLERMO GARCIA personalty known tome
CHRISTINA LYNN RAVIX
Commission; GG 277771
Expires November 19.20?2
' CondodTin Troy Rlia lnrraw.^,e0 MS-IIGO.1
The members of the City Commission, the applicant, the applicant's attorney
and witnesses and City staff will participate by video conferenciri through
the Zoom platform and members of the public may join the meeting via
Zoom at (httY/zoom.usfj/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!/Y8vw.southmiamifl.gov/580/Publie-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 DeSan6s's Executive Order Number 2D-69 suspended
the requirements of Section 166.045, Fla. Stet., 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 l>ocii—esio uliifae
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 cackles to appeal any decision made
by a Baud, 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 to have a verbatim transcript
of the prongs 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 me day of the meeting) deliver your
request to the City Clerk by telephone: 305-722-8686 (voice) or 3D5442-1600
(TTY/TDD) or by mall at 6130 Sunset Drive, South Miami, Florida or email
at npayne®southmtami6.gov.
Nkenga A Payne, CMC
City Clerk
6126 20-31/000D475768M
N
MAY Aa1Ent@e I NEIGHBORS 735E
WIWXaWe.EOY
CITY OF SOUTH MIAMI, FLORIDA
NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE
CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number
20-69, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuesday. July 7. 2020 at 7:00 p.m. to consider the following public hearing items:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 15 Titled "OFFENSES AND
MISCELLANEOUS PROVISIONS", Article I. titled "IN GENERAL", Section. 15.33, titled "Indecent exposure;
dressing appropriately for sex."
An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(B), (C) and (D) to
provide for special meetings and Sunshine meetings.
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/'/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:uwww.southmiamin.gnv/56mPt,hlir.-MePungs-Nntires. 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 DeSantis'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 hearing, 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 (TTYfrDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CIVIC
City Clerk