Ord No 05-22-2426ORDINANCE NO. 05-22-2426
An Ordinance amending the Chapter 20, Section 20-6.1(C) of the City of
South Miami's Land Development Code to provide exceptions for the
residency requirements and to reserve membership seats for design
professionals.
WHEREAS, the City of South Miami's Environmental Review and Preservation
Board (ERPB) requires that there be an architect and landscape architect (Design
Professional) on the Board; and
WHEREAS, there are times when a vacancy exists in one or more of the seats on
the Board held by Design Professionals; and
WHEREAS, there is the chance that vacant Design Professional seats my be
filled by non-Design Professionals; and
WHEREAS, it is important to maintain seats on the Board that are reserved for
Design Professionals; and
WHEREAS, currently Design Professional Board member who are architects
must also be residents of the City; and
WHEREAS, there are times when the only available Design Professional is a
non-resident; and
WHEREAS, the City Commission desires to amend Chapter 20, Section 20-
6.l(C) of the City of South Miami's Land Development Code to provide exceptions for
the residency requirements of Design Professionals and to reserve membership seats for
Design Professionals.
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 20, Section 20-6.1 (C) of the City of South Miami's Land
Development Code is hereby amended and shall read as follows:
20-6.1 Administrative entities.
* * *
(C) Environmental Review and Preservation Board.
Page 1 of3
Ord. No. 05-22-2426
(1) Establishment and Membership.
(a) An environmental review and preservation board is hereby created which
sftal.I-consists of nine (9) members who reside or work in the City, except
as provided in paragraph ii and iii. below. Two membership seats are
reserved for two Florida registered landscape architects and two
membership seats are reserved for two Florida licensed architects.
* * *
1. In accordance with the City Charter, Article II, Section 8, A, each City
Commissioner shall appoint one person to serve as a representative on
the Board and all members of the Board in excess of five (5) shall be
appointed by three (3) affirmative votes of the City Commission based
on nominations submitted by any City Commissioner.
11. Board membership shall should include at least one (1) registered
landscape architect licensed to practice in the State of Florida. If it is
determined by the City Commission that the position of landscape
architect cannot be filled by a qualified individual who resides or
works in the City, the residency requirement may be waived by the
Commission and the position of landscape architect may be filled by a
qualified individual who does not reside or work in the City.
111 Board membership shalI-should include two (2), but no more than four
(4), architects licensed to practice in the State of Florida. If it is
determined by the City Commission that the position of architect
cannot be filled by a qualified individual who resides or works in the
City, the residency requirement may be waived by the Commission
and the position of architect may be filled by a qualified individual
who does not reside or work in the City.
111. Members of the environmental review and preservation board may
not work for the City or be employed by any company that has
contracts with the City.
v. Members shall serve for a term of two (2) years.-
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.
Page 2 of3
Ord. No. 05-22-2426
Section 4. Co dification. Th e provisions o f thi s ordinance w ill become a nd be
made part of th e C ity of South M iam i Land Deve lopment Code as amended; that the
sec tion s of this o rdinance ma y be renumbered o r re -I ettered to accompli s h s uch intention ;
a nd that th e wo rd "o rdinan ce" m ay be c han ged to "section" or othe r appro priate wo rd.
Se ction 5. Ordinances in Co nflict. A ll ord in ances o r parts of ord inances and all
sectio n s a nd parts of sec tion s of ordinances in direct co nfli ct he re w ith a re here by
re peal ed.
Section 6. Severability. I f a ny se ction , clause, sen te nce, o r phra se of thi s
ordinance is for a ny reaso n held in va lid or unc o ns titutional by a court of competent
jurisdiction, this holdin g w ill not affect th e va lidity of th e rema inin g p0l1i o ns of thi s
o rdin a n ce .
Section 7. Effecti ve Date. T hi s o rdi nance wi ll become effect ive upon e nactm e nt.
PASSED AN D ENACTED thi s ~ day of March, 2022.
ATTEST:
C ITY ERK ;y.
I st Reading : 2115 /22
2 nd Re ad in g: 311 /2 2
Page 3 o f3
APPROVED:
COMM ISS ION VOTE:
Mayor Philips:
Com mi ss ioner Harris:
Com mi ss io ne r G i I:
Com mi ssio n e r Liebman:'
Commissioner Corey :
5 -0
Yea
Yea
Yea
Ye a
Yea
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: March 1, 2022
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the Chapter 20, Section 20-6.1(C) of the City of South Miami’s Land Development
Code to provide exceptions for the residency requirements and to reserve membership seats for design
professionals. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord_amending_20-6.1_C__re_Architect_Membership_Req_Amended_1st_Reading.doc
MH Ad.pdf
MDBR Ad.pdf
1
SUNDAY FEBRUARY 20 2022 NEIGHBORS ...................................................................................................19SE
5
CITY OF SOUTH MIAMI. FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the
same time. 10 proIBctthe health, safety and welfare of its citizens, officers, officials and administrative stall'. and pursuant City of South Miami
CodB, Chapter 286.011. Ra. Stat, the Cily's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus.
the City will be holding its City Commission Meetingliw in chambers and ViRTUALlY through communications media technology (GMT) until
the state of emergency has ended or social distancing is no longer required by any relevant Exscutive Orders. All Commission members will
participate in Chambers or by video confilrencinglhrough the Zoom platform and members of the public may join the mll&ting via Zoom at
(https:l!zoom,usli/30568363381 and participate. At a minimum, at least three members of the City Commission will be physically pr89llnt in the
City Commission Chambers1 and theywill be broadcast on the Zoom platform along with all other members of the Commission, City Sta:ff and the
public who may attend remotely from the Commission Chambers and from other locations.
The meeting is scheduled 10 begin on l'DIHP M.reb I _117:00 UL to consider the following public hearing item(s):
A Resolution approving and authorizing the CIty Manager to execute a three-year collective bargaining agreement (Omcers and Sergeants)
between the Florida Slate lodge, Fraternal Order of Police, Inc. (FOP) and the City of Sooth MiamI.
An Ordinance granting a franchise agreement to InsHe Martin Outdoor, llC dba Insite Street Media for Bus Bench Advertising and Services.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA tRied ''CODE OF ETHICS-, Section 8A5. titled -lobbyists;
registration, reporting, fees, exemptions, expendRures, and penaHies. -to provide exceptions for design professionals serving on City Boards.
An Ordinance amending the ChaplBr 20, Section 2().6.1 (C) of the City of Sooth Miami's land Development Code 10 provide exceptions forthe
residency requirements and 10 r&Sem membership seats for design professionals.
H)Vu 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, al of which Is set forth In the meeting notice posted at CIty Hall
and at htlo:lIwww..!ioUlhmlamln.govl580/PubllpMeffitngs-Nottcos.An)Vne who wishes to review pending application, supporting documentation
orwho desire to have documents made available forviewing byeveryone during the meeting must contact the City Clark by calling 305-663-6340.
NoI8that pursuanllll Rorida Statutes 286.0105, a per!OII who dl!Jcicll!Js III appeal any decision made by I Board, Agency or Commission with respact III any matter
coosldered at Its meetll'CI or hearll'Cl, I recortl of the proceedings wi be required for said appeal and SIIch person will be reqlEd to haw a verbatim transcript of tll&
proctllldings in~ IhII tBstill1lll)' and BVidIInce ....... which the appeal is to bII basIKI.
MJk. To request a mocIIIcatIon to a policy, PRCllce or ~ or to request an aLdaJy aide or service .-a artier to partlclpate.-a a aty program, activity or MIlt, you
must on or blfDre 4:00 p.m. 3 business days blllDre IhII 0lIl_ (not counting the day afthlll1JllBti~) delivBr)'IU raquBStIll IhIIIl\y DIIIk by telephone: 3O~1I3-8340,
bV IT&I at 6130 SUnllBl DrIve, South MIIl~ Florida or email atnp¥eOaouthmlamlli.gDII.
1 The minimum standards for adopting a resoIulon or enacU~ an onIlnance are XI Iorth.-a 166.041(4)"" A ~rIty of1he members oI1he governing body shall
cooslilute I quol1lll. An allirmaliWlWlB of a majorityof a CJlORID prB!IIrt is nIICIISSIIryto enact anyordinance or adopt any rEI!1WIiDn. _.
CITY OF MIAMI. FLORIDA
Nu'g' A."", •• CIIC. FCRI
a~ Cl,rk
NOTICE OF SPECIAL CITY COMMISSION MEETING e"· ,~;
".' ~
Purwuant to IIlaml CIty Comm .... on Reeolutlon R-22-0070, .dopted on Febrllllry 7, 2022, •• pec .. 1 meeting of the
Miami CiIJ Commiuion will'" h.ld on Friday-, FaliN.". 25, 2022" at 12:00 p.m. in thll City Commilillion ch.mb ....
located at Mi.mi Cit,. Hall, asoo Pan Am.rican Dr, Miami, FL 33133. The purpose of the special meeting will be to
oonsider and take any and all action' relate<! to the redi&!ricting of City Commission di!Slricts including but not limited to the
drafting of anY related maps and bounderig No business shall be conducted, or a vote taken at a Special City Commillllion
Meeting on buslnen other than the subJect(s) for which the spacial meeting 18 called.
The February 25, 2022 Special City Commisaion Meeting will be broadcaet live for members of the public to view on the
City's website (www.miamigov.comltv).Facebook.TwiHer. YouTube, and Channel 77 (Comcast only for residents living in
the City of Miami).
For your information, public comment on the agenda item(s) to be heard at this special meeting can be submilled via an
online comment form and will be disb'ibuted to the Elected Officials and City Administration and made part of the public
record. The deadline to submit public comment via the online comment form will occur when the Chairperson closes public
comment for the special meeUng.
Public comment on the agenda item(s) to be heard at this special meeting may also be providec:llive at City Hall, 3500 Pan
American Drive, Miami, Florida, subiect to any and all rules and procedures as the City may implement or amend. Please be
advised that COVlD-19 safety measures have been Implemented for the health, safety, and weHare of the public that want
to aHend and partlclpata and may be amended u nec811118ry. Such measures Include reinstalling the plexlglus dMders
on the dais, providing a tent and chairs lor lBIavIIIlon streaming of the special meeting outside City Hall, providing a laptop
In the City Hall lobby that can be used for public comment, and requiring masks be worn while Inside City Hall. Public
comment will begin III: approximately 12:00 p.m.
-Please visit htlpl;tJwww ml,mlgov ggmlmMllngtnllrudlpDI for detailed InstrucUons on how to provide public
comment using the online public comment form.-
A copy of the agenda for the Special City Commission Meeting will be available at: htIp·Umt,mm tgm2.com/CIHZlnlf
DeIIylt IIPX
Should any person deaire to appeal any decision of the City Commission with reapect to any maHer to be considered at
this special meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and
evidence upon which any appeal may be build (F.S. 288.0105).
In accordance with the Americans with Disabilitiea Act of 1990, persons needing special accommodations to participate in
this proceeding may contac:t the Office of the City Clerk at (305) 250-5381 (Voice) no later than two (2) bueineaa day prior to
the proceeding. TTY users may call via 711 (Florida Relay Service) no IaIIIr than two (2) busineas day prior to the proceeding.
Ad No. 38487 Todd B. Hannon
City Clerk
.It Public Notice
NOTICE IS GIVEN that Public Meetings for the development of the Fiscal
Year 2022-23 Budget. including Taxes and Fees. are scheduled to be
held on:
• Tuesday, February 22, 2022, beginning at 6:00 PM
• Thursday, February 24, 2022, beginning at 6:00 PM
To discuss and solicit public input on proposed budget, tax rates and
fee changes. On each of these meetings the Office of Management
and Budget will make a presentation to discuss the development of
FY 2022-23 Budget.
These meetings will only be held virtually utilizing communications
media technology.
Interested parties may:
(1) join a Zoom meeting to speak, or view the meeting by registering in
advance of the meeting to avoid delays (lDDm registration will be
available beginning February 15, 2022 at the following links) at:
• for the meeting on Tuesday, February 22, 2022
hHps:llmiamidade.livelPublicMeetingFeb22
• for the meeting on Thursday. February 24. 2022
hHps:llmiamidade.livelPublicMeetingFeb24
(2) call in live by phone to speak or to listen to the meeting by registering
in advance of the meeting to avoid delays by calling 305-375-5371
(3) view a live broadcast on Miami-Dade Television;
(4) after the meeting. view an archived copy of the meeting at
www.miamidade.gov/webcasling: or
(5) if you are hearing impaired. you may join the meeting using Florida
Relay Service by dialing 711 on your telephone. Closed captioning will be
available for all meetings.
All interested parties may appear and be heard at the time and
place specified.
Miami-Dade County provides equal access and equal opportunity in
its programs, services and activities and does not discriminate on
the basis of disability. If you have any questions or require additional
information regarding the virtual meeting, please call the Office
of Management and Budget at 305-375-5143. For material in
alternate format, a sign language interpreter, Communication Access
Real-time Translation (CART) services. and/or any accommodation to
participate in any County-sponsored program or meeting. please call
305-375-5143 or send an e-mail to: charalambos.flevaris@
miamidade.gov at least five days in advance of the meeting.
For legal ads online, go to hItp:Jnegalads.miamidade.gov
MIAMI -DADE
STAT E 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, Leg al Notices of the Miami Daily
Business Review '11<1a Mia mi Review, a daily (except
Saturday , Sunda y and Legal H oli days) newspaper,
published al Miami in Miami -Dad e County , Florida ; th at the
attached copy of adve rt isemen t, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -MAR . 1, 2022
in the XXXX Court,
was published in said newspaper by p rint in the issues of
and/or by publication on the newspaper's website , if
authorized , on
0211812022
Affiant further says that the newspaper complies with all
legal requirements for publication in chapter 50 , Florida
Statutes .
Swo 0 and su bscribe d before me this
16 day of FEBRUARY , A.D. 2022
(SEAL)
GUILLERMO GARCIA personally known to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In orde r to balance the need fo r the City of South Miam i to function and
conduct vital bu si ness during the COVIO 19 pandemic and, at the same
lime, to protect the heaJth, safety and welfare of its citizens, officers,
officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286.Q11, Fla. Stat, the City's Home Aule Powers, and City
Manager's declaration of a state of emergency due 10 the Coronav iru s, the
City will be holding its City Commission Meeting live in chambers and
VIRTUAllY through communi cations media technology (CMl) un ti l the
state of emergency ha s ended 01" social distancing is no longer requi red by
any relevant Executive Orders. All Commission members will participate in
Chambers or by video conferencing through the Zoom platform and members of
the public may join the meeting via Zoom al (n!1Qs:J/zoom .usli/3056S36338)
and participate. AI a minimum, at least three members of the City Commission
will be physically present in the City Commission Chambers 1 and they will
be broadcast on the Zoom platform along with all other members of the
Commission, City Staff and the public who may attend remotely from the
Co mmission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. March 1, 2022 at 7:00 p.m. to
consider the following public hearing Item(sl:
A Resolution approving and authorizing the City Manager to
execute a three-year collective bargaining agreement (Officers and
Sergeants) between the ROOda State Lodge, Fratemal Order of
POlice, Inc. (FO P) and th e City of South MIamI.
All Ordinance granting a franchIse agreement to Insite Martin
Outdoor, LLC dba Insite Street Media for Bus Bench Advertising
and Services.
All Ordinance am ending the City of South Miami Code of
Ordinances, Cha pter SA titled 'CODE OF ETHICS', Sectio n SA-5.
titled "lobbyists; registration , reporting, fees, eKemptioos, eKpeodit ures.
and penalties.' to provide exceptIons for design professionals
serving on City Boards.
All Ordinance amending the Chapte r 20, Section 20-6.1 {Cl of the
City of South Miami's Land Development Code to provide exceptions
for the residency requ irements and to reserve membership seats
for design professionals.
6
MIAMI-DADE
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
Bus iness Rev iew Uk/a MIami Review, a daily (except
Sat urday , Sunday and l egal Holidays) newspaper,
published al Miami in Miami-Dade County , Florida ; thai the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MI AMI-PUBLIC HEARINGS -MAR . 1, 2022
In the XXXX Court,
was published in said newspaper by print in the issues of
andlor by publication on the newspaper's website , If
authorized , on
0211812 022
Affiant further says th ai the newspaper complies with all
legal requirements for publ ication in chapte r 50 , Florida
Statutes .
Swo 0 and su bscribe d before me this
18 day of FEBRUARY. A .D . 2022
(S EAL)
GUILLERMO GARCIA personalty known to me
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOnCE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and
conduct vita l business during the COVID 19 pandemic and, at the same
time, to protect the health, safety and welfare of Its citizens, officers,
officials and admin istrative staff. and pursuant City of South Miami Code,
Chapter 286.01 1, Fla . Stat, the City's Home Aule Powers, and City
Manager's declaration of a state of emergency due to the Coronavirus, the
City will be holding Its City Commi ssio n Meeting live In chambers and
VIRTUAllY through co mmuni cations media technology (CMT) un ti l the
state of emergency has ended or social distancing Is no longer requi red by
any relevant Executive Orders. All Commission members will participate In
Chambers or by video conferencing through the Zoom platform and members of
the public may ;oin the meeting via Zoom al (bttps:llzoom .u s/ll3056636338)
and participate. At a minimum, at least three members of the City Commission
will be physically present in the City Commission Chambers 1 and they will
be broadcast on the Zoom platfonn along with all other members of the
Commission, City Staff and the publ ic who may attend remotely from the
Commission Chambers and from other locatfons .
The meeting is scheduled to begin on Tuesday. March 1. 2022 at 7:00 p.m. to
consider the following public hearing Item(s}:
A Resolution approving and authorizing the City Manager to
execute a three-year collective bargaining agreement (Officers and
Sergeants) between the Rorida State Lodge , Fraternal Order of
Police, In c. (FOP) and th e City of South Miami.
An Ordinance granting a franchise agreement to Insite Martin
Outdoor, LlC dba Insite Street Media for Bus Bench Advertising
and Services.
An Ordinance amending the City of South Miami Code of
Ordinances, Chapter SA titled 'CODE OF ETHICS', Section SA·5.
titled 'lobbyists; registration. reporting. fees, exemptions, expenditures.,
and penalties.' to provide exceptions for design professionals
serving on City Boards.
An Ordina nce amending the Chapte r 20, Section 20-6.1(C) of the
City of South Miami's Land Development Code to provide exceptions
for the residency requirements and to reserve membership seats
for design professionals.
•
,
cif-y of SOlr/tl M i am {
If you de sire 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 !!!m:!/ww_W......§Q!.It/J.miruDif!.gov/S80/Public-Meetings-Notices
Anyone who wishes to review pending application, supporting documentation
or who desire to have documents made availa bl e for viewing by everyone
during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Aorida 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 poli cy, practice or procedure or te
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, Florida or email at npayneOsouthmiamifl.gov.
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. AIl affirmative vote of a majority
of a quorum present is necessary to enact any ordinance or adopt any
resolution .....
2/18
Nkenga A. Payne, CMC, FCRM
Ci1y Cieri<
22-127/OOO0580299M
7
•
,
cify of $OLr/tl tJI i arYJ {
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 partie/pate 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,souttlmilmit!..,gov/560/Publlc-Meetings-Noticrui.
Anyone who wishes to review pending application, supporting documeotation
or who desire to have documents made available for viewing by everyone
during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Aorida StaMas 286.0105, a person who decides 10
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 evklence upon which the appeal is to be based.
ADA; To request a modification to a policy, practice or proced ure or te
request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or befo re 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerl< by telephone: 305-663-6340, by mall at 6130 Sunset Drive,
South Miami, Aorida or email at npayne@southmiamifl.gov.
1 The minimum standards for adopting a resolution or enacting an
ordinance are set forth in 166.041(4) ••• A maiority of the members of the
governing body shall constitute a quorum . All affirmative vote of a majority
of a quorum present Is necessary to enac t any ordinance or adopt any
resolution .....
2118
Nkenga A Payne, CMC, FCRM
City Cieri<
22-12710000580299M