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Ord No 30-23-2481\ ORDINANCE NO. 30-23-2481 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE VI "ADMINISTRATION AND ENFORCEMENT", SECTIONS 20-6.1 "ADMINISTRATIVE ENTITIES" AND 20- 6.2 "APPEALS AND REVIEW" OF THE LAND DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami (the "City"} has adopted a Land Development Code (the "LDC") to promote the health, safety, community acceptable standard of morals and general welfare of the residents of the City of South Miami through the stated regulations of this LDC; and WHEREAS, the City Commission finds it periodically necessary to amend the LDC in order to update regulations and procedures to implement planning goals and objectives; and WHEREAS, Section 20-6. l of the LDC provides that the City Commission has jurisdiction to review final decisions relating to applications from any board with such authority as well as from administrative decisions; and WHEREAS, Section 20-6.2 of the LDC establish the rules and procedure of review for appeals to the City Commission; and WHEREAS, the rules and procedures provided in Section 20-6.2 do not specifically provide for appeals from a written administrative detenninations of the land development regulations ("Detenninations''); and WHEREAS, the City Commission desires to provide rules, procedures, and requirements applicable to an appeal from a Determination; and Page 1 ofS Ord. No. 30-23-2481 WHEREAS, the City Commission desires to amend the City's rules of appellate procedure, to promote efficiency9 safeguard procedural due process, and guard against abuse; and WHEREAS, the amendments in this Ordinance shall apply retroactively to pending Determinations and prospectively to future Determinations; and WHEREAS, the City Commission finds an administrative appellate review of Determinations will promote efficiency in pending projects; and WHEREAS, on October I 0, 2023, the Planning Board, sitting in its capacity as the Local Planning Agency, reviewed this Ordinance and recommended approval with a vote of six (6) to zero (O); and WHEREAS, this Ordinance was duly noticed and presented to the City Commission in two readings, with second reading conducted as the required public hearing on December 5, 2023; and WHEREAS, the City Commission finds that this Ordinance is in the best interest and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Article VI of the Code. That Article VI is hereby amended to read as follows: ARTICLE VI-ADMINISTRATION AND ENFORCEMENT 1 Coding: Stfila,thfeugh r.vems ore deletions to the existing words. Underlined words ore additions to the existing words. Modifications proposed by the Planning Board are shaded in ~y. Changes between first and second reading are indicated witb deuble etfihallve11gl1 ond double underline. Page2 ofS Ord. No. 30-23-248 l 20-6.1 -Administrative entities. (A) City Commissio11. (2) Powers and Duties *** *** (e) The City Commission may: vii. Make final judgment on appeals of admiAisll=aliveAppealable EIDecisions as that term is defined in Section 20-6.2; *** 20-6.2 -Appeals and Review. (A)Appealab/e Decisions: All decisions of any Board having authority to make a final decision on an application, or a final written detennination or final decision of a City official enforcing the land development regulations ("Appealable Decisions") must be in writing, delivered to the applicant and they are subject to review by appeal to the City Commission. *** (2) Record on Appeal: The evidence on appeal shall be limited to the documents that consists of the written decision, if any, of the Board or City official enforcing the land development regulations. a transcript of the proceedings, if it has been transcribed, the documents that were presented to the Board or City official enforcing the land development regulations, and any documents taken into Pagel of5 Ord. No. 30-23-2481 consideration by that Board or City official enforcing the land development regulations ("record on appeal"). The City Clerk shall prepare the record on appeal. The City Commission may request a partial or full transcript of the Board proceedings if there is an audio recording or court reporter's shorthand notes of those proceedings. If the City Commission requests a transcript and the h,mscript is not already available, the Appellant shall have the transcript made and filed with the Clerk and it will be a prerequisite to a final decision regarding the appeal unless the City Commission subsequently withdraws this requirement. *** Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attomey for any conforming amendments to be incorporated into the final Ordinance for signature. Section 4. 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, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts ofresolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption. PASSED on first reading on the 7th dayofNovember, 2023. PASSED AND ADOPTED on second reading on the 5th day of December, 2023. Page4 ofS Ord. No. 30-23-2481 ATTEST: CITY ~ READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECU TION THEREOF ~MANCOLE & BIERMAN, P.L. CITY ATTORNEY APPROVED: B5 COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissioner Calle: Commissioner Liebman: Conuniss ioner Corey: Page 5 o fS 5-0 Yea Yea Yea Yea Yea Agenda Item No:13. City Commission Agenda Item Report Meeting Date: December 5, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE VI “ADMINISTRATION AND ENFORCEMENT”, SECTIONS 20-6.1 “ADMINISTRATIVE ENTITIES” AND 20-6.2 “APPEALS AND REVIEW” OF THE LAND DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: CC_Appeals_and_Review_Staff_Report_10232023__1_.docx Ordinance_-_Article_6_-_Planning_and_Zoning_Determination-SR.docx MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM: Genaro “Chip” Iglesias, City Manager DATE: December 5, 2023 SUBJECT: Text Amendment to the Land Development Code regarding Commission Approval of Administrative Appeals and Decisions RECOMMENDATION: Approval, on second reading, of the proposed ordinance providing for City Commission review of appeals and administrative decisions in connection with the enforcement of land development code regulations. BACKGROUND: The City’s current regulations provide that the City Commission has authority to review appeals from decisions of City boards and administrative decisions. However, the appeal procedures do not actually spell out what administrative decisions may be reviewed and the mechanism for their review. This legislation is intended to address the appeals of administrative decisions more fully. REQUEST: The City is requesting approval to amend appellate procedures found in Sections 20-6.1 and 20- 6.2 of the Land Development Code (“LDC”). ANALYSIS: Currently, Section 20-6.1 of the LDC provides that the City Commission has jurisdiction to review final decisions relating to applications from any board with such authority as well as from administrative decisions. Section 20-6.2 of the LDC establishes the rules and procedure of review for appeals to the City Commission but does not specifically provide for appeals from a written administrative determination of the land development regulations. While the Planning Director has customarily been associated with these types of decisions, the department is undergoing restructuring and administrative determinations may come from other parties than the Planning Director, such as the Development Services Director. The ordinance is therefore written broadly to apply to all final administrative decisions meant to enforce the LDC. It is intended to clarify the exercise and review of appeals of those decisions. The proposed modifications to the LDC are contained in the attached Draft Ordinance and have also been outlined below. Please note that Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. 2 SoutOOiami THE CITY OF PLEASANT LIVING 20-6.1 – Administrative entities. (A)City Commission. * * * (2) Powers and Duties * * * (e) The City Commission may: * * * vii. Make final judgment on appeals of administrativeAppealable dDecisions as that term is defined in Section 20-6.2; * * * 20-6.2 – Appeals and Review. (A)Appealable Decisions:All decisions of any Board having authority to make a final decision on an application, or a final written determination or final decision of a City official enforcing the land development regulations ("Appealable Decisions") must be in writing, delivered to the applicant and they are subject to review by appeal to the City Commission. * * * (2)Record on Appeal: The evidence on appeal shall be limited to the documents that consists of the written decision, if any, of the Board or City official enforcing the land development regulations, a transcript of the proceedings, if it has been transcribed, the documents that were presented to the Board or City official enforcing the land development regulations, and any documents taken into 3 consideration by that Board or City official enforcing the land development regulations ("record on appeal"). The City Clerk shall prepare the record on appeal. The City Commission may request a partial or full transcript of the Board proceedings if there is an audio recording or court reporter's shorthand notes of those proceedings. If the City Commission requests a transcript and the transcript is not already available, the Appellant shall have the transcript made and filed with the Clerk and it will be a prerequisite to a final decision regarding the appeal unless the City Commission subsequently withdraws this requirement. * * * PREVIOUS ACTION: On October 10, 2023, the Planning Board (PB) held a Public Hearing on the item and voted six (6) to zero (0) to recommend approval of the request. Attachments: Draft Ordinance Legal Ad 4 10 MIAMI-DADE STATE OF FLORID A COUNTY OF MIAM I-D ADE: Before the undersigned au thority personally appeared ROSANA SALGADO, who on oath says that he or she is the LEG AL CLERK , Le gal Notices of the Miami Daily Business Review f/k/a Miami Revi ew, of Miami -Dade County , Florida ; Iha\ \he attached. COll'f o f advertisement , being a Legal Advertise ment of Not ice in the matte r of CITY OF SOUTH MIAMI -PUBLIC HEAR ING -DEC . 5, 2023 in the XXXX Court, was published in a newspaper by pri nl in the is sues of Miami Daily Business Review f/k/a Miami Review on 11 /24/2 023 Affia nt further says that th e newspaper complies with all lega l requiremen ts tor publica tion in chapter 50, Flo rida S\a\\l\es. L.~"·· ... ,,.~•hi• 24 da of (SEAL) ROSANA SALGAOO µet"SOna\\y \mow n to me ~~~•;;..;·~·tt.···· /f·•i;,Y---. CHR ISTINA LYNN RAVIX-DORLEANS ;:: ~ :~! Comm i ss ion# HH 332954 ,-t~~c ,·;,<?··' Expires November 19 2026 ,,,.,,.,, I CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesda December 5 2023 at 7:00 .m. at South Miami Cl Hall Commission Chambers, 6130 Sunset Drive, South Miami, FL 33143, tc consider the following public hearing ltem(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND OPERATION OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT SERV ICES AT NO COST TO THE CITY, CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC WITH ALL THE REQUIREMENTS OF CHAPTER 2023-1 74 OF THE LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA LLC FOR THE SERVICES; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABIUTY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Ill 'ZONING REGULATIONS", SECTION 20-3.6(1) OF THE LAND DEVELOPMENT CODE, ADDRESSING PERMISSIBLE HEIGHT OF AN ACCESSORY STRUCTURE; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DA1E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Vf "ADMINISTRATION AND ENFORCEMENT", SECTIONS 20-6.1 'ADMINISTRATIVE ENTITIES" AND 20-6.2 "APPEALS AND REVIEW ' OF THE LAND DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 11 < AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH AMERICAN WASTE SYSTEMS, LLC TO LEASE A PORTION OF THE CITY-OWNED PROPERTY LOCATED OUTSIDE THE CITY'S JURISDICTION AT 4795 SW 75 AVENUE FOR THE OPERATION OF AN INDOOR WASTE PROCESSING AND LOADING FACILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT RELATING TO THE LEASE OF THE PROPERTY; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 17 OF THE CITY'S CODE OF ORDINANCES TO REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS INTO STORMWATER COLLECTION FACILITIES PURSUANT TO TH E NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS ; PROVIDING FOR CORRECTIONS; CODIF ICATION; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLOR IDA, AMENDING ARTICLE IV, 'WATER SHORTAGE PLAN ," OF CHAPTER 16B, 'SEWERS AND WATER,' OF THE CITY CODE OF ORDINANCES TO INCORPORATE APPLICABLE MIAMI-DADE COUNTY PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS AND PROVIDE FOR ENFORCEMENT BY Tl-IE CITY; PROVIDING FOR CORRECTIONS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE . 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 at (https://zoom.us/V3056636338). by phone by calling +1-786- 635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commiss ion Cha mbers , and where the ir appearance will be broadcast on the Zoom platform, and where they can participate . All interested parties are invited to attend and will be heard . For further informatio n, please contact the City Cl811<'s Office al: 305 -663-634 0. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with resp ect to this matter, such person must ensure that a verbatim reco rd of the proceedings is made, which record includes the testimony and evidence upon wh ich the appeal Is to be based . This not ice does not constitute -~tiVffle City for the introduction or admission of otherwise inadmisslbl or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA: To request a modification to a pol icy, practice or procedure or to re- qu es t 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 (n ot counting the day of the meeting) deliver your request to the City Clerk by tele phone : 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southm iamifl.gov. 11/24 Nkenga A. Payne, CMC, FCRM City Clerk 23-59/0000696206M SUNDAY NOVEMBER 26 2023 NEIGHBORS ...................................................................................................15SE PHOTOS BY PEDRO PORTAL pportal@miamiherald.com Above, fairgoers browse at vendors’ booths ths during the celebration of the Miami Book Fair’s 40th Edition in downtown Miami on Nov. 18. Below: Families and kids enjoy the aerial performance Bloom! By Sway, at the Children’s Alley. The annual book fair, held on the campus of Miami Dade College’s Wolfson campus, is South Florida’s signature literary event. Glimpses of Miami Book Fair 12 Mandatory Pre-Bid Meeting: Proposal Deadline: INVITATION TO BID (ITBI # 2023-17 ARB0RICULTURAL SERVICES DECEMBER 14, 2023, AT 10:00 AM JANUARY 09, 2023, AT 11 :30 AM The Village of Key Biscayne invites solicitations from qualified vendors, licensed in the State of Florida, to provide a proposal for Arboricultural Services . The Village ol Key Biscayne encourages small and minority businesses, women 's business enterprises, and labor surplus area firms to submit proposals. Proposals must be submitted by the deadline date . Proposal packages will be available on the Village's website www.keybiscayne .ft.gov/procurement or on Demandstar. For further information contact: Procurement at procurement@keybiscayne.fl.gov CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday. December 5. 2023, at ~-at South Miami City Hall Commission Chambers. 6130 Sunset Drive. South Miami. FL 33143 . to consider the following public hearing item(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND OPERATION OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT SERVICES AT NO COST TO THE CITY, CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC WITH ALL THE REQUIREMENTS OF CHAPTER 2023-174 OF THE LAWS OF FLORIDA ; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA LLC FOR THE SERVICES ; PROVIDING FOR IMPLEMENTATION , CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Ill "ZONING REGULATIONS ", SECTION 20-3.6(1) OF THE LAND DEVELOPMENT CODE, ADDRESSING PERMISSIBLE HEIGHT OF AN ACCESSORY STRUCTURE ; PROVIDING FOR CORRECTIONS ; SEVERABILITY; CONFLICTS; IMPLEMENTATION ; AND AN EFFECTIVE DATE . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING ARTICLE VI "ADMINISTRATION AND ENFORCEMENT", SECTIONS 20-6 .1 "ADMINISTRATIVE ENTITIES" AND 20-6 .2 "APPEALS AND REVIEW" OF THE LAND DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT REGULATIONS; SEVERABILITY; CONFLICTS ; IMPLEMENTATION ; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH AMERICAN WASTE SYSTEMS , LLC TO LEASE A PORTION OF THE CITY-OWNED PROPERTY LOCATED OUTSIDE THE CITY'S JURISDICTION AT 4795 SW 75 AVENUE FOR THE OPERATION OF AN INDOOR WASTE PROCESSING AND LOADING FACILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT RELATING TO THE LEASE OF THE PROPERTY; PROVIDING FOR IMPLEMENTATION, CORRECTIONS , SEVERABILITY, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 17 OF THE CITY'S CODE OF ORDINANCES TO REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS INTO STORMWATER COLLECTION FACILITIES PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROCESS ; PROVIDING FOR CORRECTIONS ; CODIFICATION; SEVERABILITY ; CONFLICTS ; IMPLEMENTATION; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING ARTICLE IV, "WATER SHORTAGE PLAN," OF CHAPTER 16B, "SEWERS AND WATER," OF THE CITY CODE OF ORDINANCES TO INCORPORATE APPLICABLE MIAMI-DADE COUNTY PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS AND PROVIDE FOR ENFORCEMENT BY THE CITY; PROVIDING FOR CORRECTIONS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. 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 at (https ://zoom .us/j/3056636338). by phone by calling +1-786-635-1003 and entering Meeting ID : 3056636338 when prompted , or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate . 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 . Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must 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 . This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 lo the City Clerk by telephone: 305-663-6340 , by mail al 6130 Sunset Drive, South Miami , Florida or email al npayne@soulhmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk