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Ord No 33-20-2387ORDINANCE NO.33-20-2387 An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article I, Section. 2-2.1 to change the time for submitting add -on items to the Agenda and providing for attending Commission meetings remotely. WHEREAS, it is difficult for the members of the City Commission to be prepared for add - on items when they are received at 5:00 p.m. on the day of a meeting; and WHEREAS, the City's administrative code has never taken into consideration the remote attendance by all the Commission members; and WHEREAS, the current Covid-19 pandemic has made it necessary for the City Commission member to attend remotely in order to stem the spread of the virus; and 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, Article 1, Section. 2-2.1 hereby amended and will read as follows: (c) Agenda. :Mere shall be Aan official agenda must be prepared by the Ceity Mmanager, and assembled and distributed by the Ceity Celerk, for every meeting of the City Commission, which shad will determine the order of business conducted at the meeting. The Ceommission shall not take action upon any item, matter or business (Ceity business) which is not listed upon the official agenda without approval of at least three (3) commission members present at such regular meeting to add such Ceity business to the official agenda. The official agenda will be compiled by the Celerk in appropriate form approved by the Ceommission. City business may be placed on the agenda by the mayor, the City Mmanager, any Ceity Ceommissioner and the Ceity Attorney. A physical agenda books, if requested in writing by a member of the Ceity Ceommission, will be compiled by the Celerk's office and will be placed in the Ceommissioner's mailbox in Ceity hall by the Celerk. The agenda package will also, to the extent possible, be uploaded into the Ceity's cloud server or similar electronic location and on the Ceity 's webpage, at least seventy-two (72) hours prior to any regularly scheduled meeting, and twenty-four (24) hours prior to any special, sunshine or workshop meeting. The twenty -four-hour time limit may be ignored in time of public emergency affecting life, health, property or safety, unless a super -majority (four -fifths ('%)) of the members of the Ceity Ceommission 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 Ceity Celerk by noon on the Pagel of 3 Ord. No. 33-20-2387 Wednesday preceding such regular meeting, excepting as provided in this subsection 2- 2.1(c). (1) Add-ons. No business sly may 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 Ceity Ceommission. The add -on agenda items must be delivered to the Ceity Celerk no later than 4 012.01 p.m. on the day of the meeting and must be delivered to the members of the City Commission electronically or by gny comparable means, and posted on the Ceity 's website, no later than 1-5:00 p.m. on the day of the meetingaad,--at means.any sempar-able The Ceity Celerk is further directed to make said add -on item(s) available to the public at the entrance to the meeting location during every commission meeting. The Ceity Celerk shall at the end of the eensent agenda, must read into the record the title of any proposed add -on item(s) before it is officially Seughtt placed on that agenda. Nothing contained herein sW& will have any affect on the requirement that any add -on item ea -may only be placed on the official agenda by the approval of the majority vote of the CeityCeommission. The time limit may be ignored in time of public emergency affecting life, health, property or safety, unless a super -majority (four -fifths (°/s)) of the members of the Ceity Ceommission vote against ignoring the time limitation. (e) Roll call and quorum. Before proceeding with the business of the Ceommission, the Ceity Celerk or Deputy City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. Four (4) members of the Ceommission shall constitute a quorum whether present physically or through a means of communication that will allow the member to hear the entire proceedings in which he or she participates and to be heard by those in attendance at the meeting. Upon affidavit by the Ceity Mmanager, filed with the Ceity Celerk, that an emergency exists which will affect the health, safety or welfare of the citizens of the Ceity, three (3) members shall constitute a quorum for such emergency matters and the meeting shall be limited to only those emergency matters. The minutes of such meeting shall reflect the filing of the affidavit. In the event of a City, Comm oor statewide declared emergence during which it is unsafe for People to congregate inside a building or to be in close proximity to one another, the City Commission meetings may be conducted through Communication Media Technology, such as the Zoom platform, and all of the Commission member may attend remotely until such time as the emergency has ended. 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. Page Z of 3 Ord. No. 33-20-2387 Section 4. Codification. The provisions of this ordinance are to become and be made part of the City of South Miami Code of Ordinances as amended; the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and the word "ordinance" may be changed to "section" or other appropriate word. 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 will not affect the validity of the remaining portions of this ordinance. Section 6.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 7. Effective Date. This ordinance is effective upon enactment. PASSED AND ENACTED this 170h day of November, 2020. ATTEST: APPROVED: CITY LE MAYOR/ I" Reading - I1/2/2020 2nd Reading - I 1/ 17/2020 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF C ATTORNEY Page 3 of 3 COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Hams: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Agenda Rem No:12. City Commission Agenda Item Report Meeting Date: November 17, 2020 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article I, Section. 2-2.1 to change the time for submitting add -on items to the Agenda and providing for attending Commission meetings remotely. 3/5 (Commissioner Harris) Suggested Action: Attachments: Ord Amending 2-2.1 Add-ons & CMTAttendance.docx Ord Amending 2-2.1 Add-ons & CMTAttendanceCAamended.docx Miami Herald Ad.pdf MDBR Ad.pdf I ORDINANCE NO. 2 3 An Ordinance amending the City of South Miami Code of Ordinances, Chapter 4 2, Article I, Section. 2-2.1 to change the time for submitting add -on items to the 5 Agenda and providing for attending Commission meetings remotely. 6 8 WHEREAS, it is difficult for the members of the City Commission to be prepared for add- 9 on items when they are received at 5:00 p.m. on the day of a meeting; and 10 11 WHEREAS, the City's administrative code has never taken into consideration the remote 12 attendance by all the Commission members; and 13 14 WHEREAS, the current Covid-19 pandemic has made it necessary for the City 15 Commission member to attend remotely in order to stem the spread of the virus; and 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if 22 fully set forth herein and as the legislative intent of this Ordinance. 23 24 Section 2. Chapter 2, Article I, Section. 2-2.1 hereby amended and will read as 25 follows: 26 27 *** 28 (c) Agenda. There -shall -die Aan official agenda must be ' , 29 prepared by the city manager, and assembled and distributed by the city clerk, for every meeting 30 of the City Commission, which shall will determine the order of business conducted at the meeting. 31 The commission shall not take action upon any item, matter or business (city business) which is 32 not listed upon the official agenda without approval of at least three (3) commission members 33 present at such regular meeting to add such city business to the official agenda. The official 34 agenda will be compiled by the clerk in appropriate form approved by the commission. City 35 business may be placed on the agenda by the mayor, the city manager, any city commissioner 36 and the city attorney. A physical agenda books, if requested in writing by a member of the city 37 commission, will be compiled by the clerk's office and will be placed in the commissioner's mailbox 38 in city hall by the clerk. The agenda package will also, to the extent possible, be uploaded into 39 the city's cloud server or similar electronic location and on the city's webpage, at least seventy- 40 two (72) hours prior to any regularly scheduled meeting, and twenty-four (24) hours prior to any 41 special, sunshine or workshop meeting. The twenty -four-hour time limit may be ignored in time of 42 public emergency affecting life, health, property or safety, unless a super -majority (four -fifths ( )) 43 of the members of the city commission vote against ignoring the time limitation. 44 Except for emergencies, no item will be placed on the agenda of a regular meeting of the 45 commission which has not been delivered to the city clerk by noon on the Wednesday 46 preceding such regular meeting, excepting as provided in this subsection 2-2.1(c). 47 (1) Add-ons. No business swan may be conducted at a regular meeting that is not reflected in 48 the official agenda unless the official agenda is amended or supplemented to reflect additional 49 business ("add -on items") to be conducted at said meeting ("add -on agenda") and unless the Page 1 of 3 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 add -on agenda is posted and delivered to the city commission. The add -on agenda items must be delivered to the city clerk no later than 4-.LW 12.01 p.m. on the day of the meeting and must be delivered to the members of the City Commission electronically or by any comparable means, and posted on the city's website, no later than 15:00 p.m. on the day of the meeting , seFAparable-means. The city clerk is further directed to make said add -on item(s) available to the public at the entrance to the meeting location during every commission meeting. The city clerk shall at the end 9f thp nonsent ageRda, must read into the record the title of any proposed add -on item(s) before it is officially sea e-be placed on that agenda. Nothing contained herein shall will have anv affect on the requirement that any add -on item sap may only be placed on the official agenda by the approval of the majority vote of the city commission. The time limit may be ignored in time of public emergency affecting life, health, property or safety, unless a super -majority (four -fifths ( )) of the members of the city commission vote against ignoring the time limitation. (e) Roll call and quorum. Before proceeding with the business of the commission, the city clerk or his deputy shall call the roll of the members and the names of those present shall be entered in the minutes. Four (4) members of the commission shall constitute a quorum whether present physically or through a means of communication that will allow the member to hear the entire proceedings in which he or she participates and to be heard by those in attendance at the meeting. Upon affidavit by the city manager, filed with the city clerk, that an emergency exists which will affect the health, safety or welfare of the citizens of the city, three (3) members shall constitute a quorum for such emergency matters and the meeting shall be limited to only those emergency matters. The minutes of such meeting shall reflect the filing of the affidavit. In the event of a City, County or statewide declared emergence during which it is unsafe for people to congregate inside a building or to be in close proximity to one another, the City Commission meetings may be conducted through Communication Media Technology, such as the Zoom platform, and all of the Commission member may attend remotely until such time as the emergency has ended. 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 are to become and be made part of the City of South Miami Code of Ordinances as amended; the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and the word "ordinance" may be changed to "section" or other appropriate word. 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 will not affect the validity of the remaining portions of this ordinance. Page 2 of 3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Section 6.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 7. Effective Date. This ordinance is effective upon enactment. PASSED AND ENACTED this ATTEST: CITY CLERK I' Reading 2" d Reading day of 92020. READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: Page 3 of 3 n WU 185E . NEIGHBORS I SUNDIty MIMIHERALACOM 32020 GROSS GROCERS Roaches, mold: South Florida grocers fail inspection BY DAVID I. NyAL diddlemumed.w.rdm Two national chains, roaches, flies and mold make appearances on this geographically diverse edition of Gross Grocers. In a rarity, this look at inspections of food sellers and handlers hits for the South Florida cycle —rep- resentation from Miami - Dade, Broward, Palm Beach and Monroe coun- ties. Now the rules: Unlike Florida Department of Business and Professional Regulation inspections of restaurants, failing doesn't mean a store gets closed until it passes. But parts of the store can be put under a Stop Use order until the problem gets properly addressed. A place gets enough Stop Use orders, it might not have enough parts of the store it can use to make opening worth- while. What fellows comes from Florida Department of Agriculture inspection of groceries, supermarkets, minimarts, convenience stores, food storage, food distribution and food pro- cessing facilities. If want a place inspected or want to report a problem, don't email us. Go to the Depart- ment of Agriculture web - site and file a complaint. We don't decide who gets inspected or how strictly they get inspected. We report without passion or prejudice, but with a loaf of humor. In alphabetical Order: De Leon Seafood, 201 20th St., Marathon: We day"I aru MCApmwe,mle.en Moldy peppers. know things can be a little more raw and continently in the Keys, but even in Flip - Flop Land, one must ob- serve some indoor living cleanliness rules. Such as having a way to wash, rinse and sanitize cookware. "Warewash sink was found outside, but not attached." And there needs to be a handwash sink in the area where the ready -to -eat stone crabs are processed. "Ceiling located above the cooker for ready -to -eat stone crabs was found open, not sealed properly, to prevent cross contam- ination or protect food." So, who knows what kind of ceiling sauce dripped on the stone crabs? Future Supermarket, 13660 SW 56th St., West Miami -Dade: Maybe it's called "Futuro" because that's when the owners plan to get the permit they didn't have. They also didn't have a handwash sink in the food service area "where the hot box food items are served/ packaged and the pork rinds/pork shoulders are served/packaged for cus- tomers." They did have a hand - washing sink that "shoots water at the person wash- ing hands from the base where the faucet attaches to the sink basin." Seems like that would deter use. Futuro's got until Dec. 3 to deal with that. More immediately, they need to address the employee washing, rinsing, but not sanitizing utensils and dishes. Also, the bread pudding, flan and arm z can leche bore no indication who made them or from whence they came. Basque. An ice machine had "black, mold -like grime encrusted on the interior housing and icemaking portion." Papa Coca's House, 15585 SW 177th Ave., South Miami -Dade: "No toilet installed in a fixed building is available on the premises. Only a portable restroom is available at the location." Having mystery food — no manufacturer informa- tion on custard, fruit in syrup and pasta salad — gotaliofthattossed. Papa didn't slop being a rolling stone long enough to gel a septic permit from the Department of Health. Stop Use orders already sidelined all open food handling areas, food equip- ment and processing areas. The inspection says Pa- pa's folks moved some equipment outside to the Men food truck, which would be covered by the Florida Department of Business and Professional Regulation inspectors, and promised to work from there. CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance wind City of South Miami Cone, Cruder 286, 0' 11, Fla. Star lne City a Home Rule Powers, and the City Manager's declaration of a stela of emergency clue to the Coronavbus, the City will be holding fix City Commission Meeting VIRTUALLY. The meeting Is scheduled to begin on Tuesday. November 17, 2020 at 7:00 a.m. to consider the following public hearing Item($): The City Manager Is authorized to enter Into a multi -year agreement with My PR Guru, LLC for public relations consulting services. A Resolution authorizing the City Manager to enter Into a three-year agreement with an option to renew for a maximum of five consecutive years, with High Sources, Ina for Janitorial services at multiple City facilities. A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at 5907 SW 60 Street and as legally described herein. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article I, Section. 2.2.1 to change the time for submitting add -on Items to the Agenda and providing for attending Commission meetings remotely. An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(A) (8), (C) and (D) to provide for virtual meetings, election day meeting conflicts, attendance remotely, authority of the person chairing the meeting to make matrons antl vote on all motion, and clarifying that board members are nomination and not recommended for membership. Governor DeSands'a Executive Order JED.) Number 20-69 suspended that portion of Section 166,041 f4), Fla. Slat., that required a quorum to be physically present to adopt resolutions and enact ordinances. If E.O. Nq. 20-SR is extended, City will and all Commission members will Participate by video conferencing through Me Zoom platform and members of the public may join the meeting via Zoom at (hops://zoom.us/j/3056636338) and participate. If E.O. No. 2"9 Is not extended, three members of the City Commissioner will be physically present in the City Commission Chambers' and May will be broadcast an the Zoom platform along with all other members of the Commission, City Stan and the public who may attend remotely from other localions. 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 antl participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall antl al htip://www.souihmiamifl.goy/580/Public estings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the CRY Clerk by calling 305-683-6340. Note that pursuant to Florida Statutes 286.0105. a person who decides to appeal any decision made by a Board, Agency or Commiesion with respect to any matter considered at Its meeting or hearing, a record of the proceedings will be required for Bald appeal and such person will be required to have a verbatim transcript of the proceedings Including Me testimony and evidence upon which the appeal is to be based. AOA To request a modf6cation 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 clays before the meeting (not counting the clay of Me meeting) deliver Your request to the City Clerk by telephone: 305663-6340, by mall at 6130 Sunset Drive. South Miami, Florida or email at npayneEnouthmlamlllaov. Nkenga A. Payne. CMC City Clerk rn. mmlmum danJve.,u.m,Nna.o,.n.IXne ueIdMli u. selran F Iii .,l.l•` x moony "l u. v-1a b. gwmnxp r.dl..eweNNe. Werun.M ammehe ea mynM rrapuwum n.nnera..sry1.m,Mmy.— w M[q ury,. e. •• [y MIAMI DAILY BUSINESS REVIEW Published Daly except Saturday, Sunday and Legal Holidays Miami, Miami -Dade Coutry, 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 Okle 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 - PUBLIC HEARINGS - NOV. 17. 2020 in the XXXX Court, was published in mid newspaper in the issues of 11/06/2020 Arrant 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 mid Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post -DL'rri x • A �i �429u n*• CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, the Crys Home Rule Powers, and the City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday,. November 17 2020_et 7:00 p.m, to consider the fo0owing public hearing item(s): The City Manager is authorized to enter into a multi -year agreement with My PR Guru, LLC for public relations consulting services. office in Miami in said Miami -Dade County. Florida, for a period of one year next preceding the firer publication of the attached A Resolution authorizing the City Manager to enter into a three-year of 0l ear net pre and theft further ass that he or she agreement with an option to renew for a maximum of five consecutive PY Y years, with High Sources, Inc. for janitorial services at multiple City has neither paid not promised any person, firm or corporation facilities. any discount, rebale, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I SwoM`J and subscribed before me this 6 day of NOVE1i A.D. 2020 (SEAL) N. GUILLERMO GARCIA personally known to me �^ `'••_ cNwsnNA�rNNw,tnx ���'` Cgmmission�GG277771 '�;.....,° � Fxflims November 19, 2022 �`"•`•`•'• aondMThu Tmy Fan lnruance 80a395-7019 A resolution relating to a Waiver of Plat request to allow a subdivision of property located at 5907 SW 0o Street and as legally described herein. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Article I, Section. 2-2.1 to change the time for submitting add -on items to the Agenda and providing for attending Commission meetings remotely. An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(A) (B), (C) and_(0) to provide for virtual meetings, election day meeting conflicts, attendance remotely, authority of the person chairing the meeting to make motions and vote on all motions and clarifying that board members are nomination and not recommended formembership. Governor DeSanlis's Executive Order (E.O.) Number 20-69 suspended that portion of Section 166.041(4), Fla. Stat., that required a quorum to be physically present to adopt resolutions and enact ordinances. If E.O. No. 20-69 is extended, City staff and all Commission members will participate by video conferencing through the Zoom Platform and members Of the public may join the meeting via Zoom at (hops://zoom.us/j/3056636338) and participate. If E.O. No. 20.69 is not extended, three members of the City Commissioner will be physicaliv present in the City Commission Chamberst and they will be broadcast on the Zoom platform along with all o� II I f �ulvl Miaml other member of the Commission, City Staff and the public who may attend remotely from other locations. 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 adendance, all of which is set forth in the meeting notice posted at City Hall and at http:/hvww.southmiamifl. gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents mate available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663.6340. 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: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florda or email at npayne0southmiami0.gov. Nkenga A. Payne, CMC City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance - are set forth in 166.041(4) "' A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum Present is necessary to enact any ordinance or adopt any resolution.'- 11/6 20-59/0000497445M