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08-27-08 Item 10o y I South Miami � �1l- �neriea Cite V INCORPORATED • CITY OF SOUTH MIAMI O �c 1927a� OFFICE OF THE CITY MANAGER B RS INTER - OFFICE MEMORANDUM Zoos To: The Honorable Mayor, Vice Mayor and City Commissioners From: Jay Beckman, City Commissioner Via: Maria M. Menendez, City Clerk ]Date: July 22, 2008 ITEM No.—I _ SUBJECT: AN ORDINANCE. OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. STAFF'S-OBSERVATIONS In reviewing Article III the Code of Ordinances, besides deleting archaic language, additional language has been incorporated in order to be consistent with the Charter. (See summary below). Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments. The following is a summary of the main proposed amendments: 1) Page 1, lines 40 -42; 2) Page 2, lines 1 -41; Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Ordinance Charter Art. II, Sec Land Development Code Art. VI Code of Ordinances Sec. 2 -21, 2 -22, 2 -23 WAMy DocumentsVesolutionsVemo Ordinance.Code amend ch 2.art III.doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, 7 ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, 8 AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO 9 BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, 10 SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT 11 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, 12 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City's current Code of Ordinances provides procedures for the 15 departments and administrative service of the City; and, 16 17 WHEREAS, the Mayor and City Commission desire to amend its code in order to 18 bring it up to date; and 19 20 WHEREAS, the Mayor and City Cominission desire to amend its code in order to 21 be consistent with the City's Charter Article II, Section 8 C. 22 23 W "was - abolished `i y. ordiriarie -no.-05--0,81940, 24 dated February 5, 2008; and 25 26 WHEREAS, the Code Enforcement Board was abolished by ordinance no. 6 -03- 27 1790, dated March 18, 2003, and a Special Master was created at that time; and 28 29 WHEREAS, the Planning Board is a mandatory board as provided in the City's 30 Charter Article II, Section 8 C, and that the board's functions and responsibilities are 31 provided -in the City's Land Development Code. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 35 3 Section 1. Chapter 2, Article III of the City's Code of Ordinances, entitled 37 Boards and Conunissions, Sections 2 -21, 2 -22, and 2 -23 of the Code of Ordinances of the 38 City of South Miami is being amended as follows: 3S,J 4( ARTICLE III. BOARDS AND C- 0AIMISSIO S* COMMITTEES* 4 42 See. 2 -.21. ; . Appointments; Mandatory Board. 43 Additions shown by underlining and deletions shown by A��°o g. Page 1 of 3 k 2 3 4 5 6 7 8 9 10 11 12 1' l� l� lE 17 18 19 20 21 22 24 21 26 27 28 29 36 The Mayor, with the advice and consent of the Commission mqY appoint Boards or Cormnittees to serve the City at the pleasure of the Commission for the purposes defined by the Cormnission. (a) For any Board or Committee hereinafter established by ordinance the Coinrnission, but not by way of limitation shall provide for the following_ (1) number of members (2) tern of members (3) quorum for meetings (4) duties of boards and committees (5) presentation of actions of the board or committee to City Commission (b) Mandatory Board: There shall, at all times be a Planning- Board composed of residents of South Miami whose members shall be appointed as established herein- 3 - pee. 2 27. Ner-s el and er-it board. 32 33 3 1 efea 36 r 1 37 38 See. Planning board. 49 The planning and enin g board shall have the composition, functions and duties as 41j provided by , amended er 42 ehangtia hereaftef the City's Land Development Code Article VI 20 -6.1 (B). 43 Additions shown by underlining and deletions shown by eye *� b Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2,2. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. 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 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. ` Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of , 2008. ATTEST: APPROVED: CITY CLERK MAYOR 1 st Reading-7 2iid Reading READ AND APPROVED AS TO FORM CITY ATTORNEY WAMy Documents\resolutions \Ordinance code updatin .-.Ch 2 Art III.doc COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Conunissioner Beckman: Additions shown by underlinin >? and deletions shown by °fib. Page 3 of 3 ARTICLE II (Cont'd) duties as may be required of him or her by Ordinance or Resolution of the Commission or by this Charter. 3. A City Clerk and such deputies that may be necessary, who shall give notice and attend all Commission meetings, keep the minutes and records of all of the proceedings of the Commission, preserve all books, papers and writing of all kinds committed to his or her care during his or her tenure; keep the corporate seal of the City and affix the seal when lawfully directed; administer oaths; have charge of the conduct of municipal elections; act as Supervisor' of Registration; and perform such other duties as shall be required by this Charter or by General Laws of the State of Florida unless restricted by the Home Rule Amendment provisions of Miami -Dade Dade County. (Amended 2/8/00) B. Compensation The salaries and expense accounts of all officers shall be prescribed by ordinance and fixed in the annual budget. C. Vacancies The City Commission shall have power in the absence, sickness or disqualification of any of these officers to appoint a successor and should the Commission not do so within thirty (30) days after such occurrence, it shall be the duty of the Mayor to- appoint- -a -- successor - -.- - - -- SECTION 8. Boards and Committees A. Appointments The Mayor, with the advice and consent of the Commission may appoint Boards or Committees to serve the City at the pleasure of the Commission for the purposes defined by the Commission. B. Ordinance Provisions For any Board or Committee hereinafter established by ordinance, the Commission, but not by way of limitation, shall provide for the following: (1) number of members (2) term of members (3) quorum for meetings (4) - duties of boards and committees (5) presentation of actions of the to City Commission (2/8/00) 13 board or committee SOUTH ARAMI CITY CHARTER AMENDED 2/14/06 ARTICLE 11 (Cont'd) C. Mandatory Board There shall, at all times, be a Planning Board composed of residents of South Miami whose members shall be appointed by the Mayor with the advice and consent of the Commission. No duly elected official, officer or employee of the City shall be an appointee hereunder. Notwithstanding any other provision of Article II, but not by way of limitation, the ordinance creating this Board shall contain the following provisions: 1. The Planning Board shall be a continuous body and shall be composed of seven (7) members. A quorum for its meeting sha•11 consist of five (5) members. The Board shall investigate and recommend to the Commission such changes in the boundaries of the various use districts, zoning regulations, use of land and type of construction, locations and use of all structures on any valid appointment submitted to it. In arriving at its recommendations, the Board shall consider, but not by way of limitation, the character of the area, the suitability of particular uses, the conservation of the property values and the direction of building development. In addition, the Board shall investigate and make recommendations to the Commission on matters affecting redevelopment, rehabilitation, conservation and renewal progress toward the _ alleviation - of "a 'slium or ' blighted areas and such other conditions as may injuriously affect the City. 2. Any recommendations of the Board which affect use of land or structures or concern redevelopment, rehabilitation, conservation. or renewal shall not be adopted by the City Commission until a public hearing thereon. No application for zoning changes shall be filed in the name of the City without prior approval of the City Commission. There shall be no change in zoning or any amendment to the zoning laws unless proposals for such changes have first been received by the Planning Board. SECTION 9. Investigations Notwithstanding any other provisions of this Charter, the Commission or its authorized representative or representatives may make investigation into the affairs of this City and the conduct of any City department, Board, Officer or Agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who 14 SOUTH MIAAH CITY CHARTER AMENDED 2/14/06 20 -6.1 SOUTH MIAMI LAND DEVELOPMENT CODE (b) Public Hearings. i. The city commission shall hold public hearings when amending the adopted Comprehensive Plan, amending the text of this Code, rezoning, approving special uses, granting variances and permitting nonconforming uses. All other items shall not require a public hearing for commission action. ii. Actions upon site plans, variances, administrative appeals, planned unit developments, nonconforming uses and special uses shall be by resolution. All other actions shall be by ordinance. (c) The city commission may defer action on any application or other matter before it, for cause, for a reasonable period of time. (d) The city commission may refer a matter back to the planning board or the environmental review and preservation board for further consideration and recommendation. (e) When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in which case reconsideration is possible after - -- - -six (6)-- months for -the -date established for the -prior hearing -at the-request of-the - majority of the commission. (f) Fin- Ancial Interest. i. Any member of the city commission who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfea- sance in office and shall render the action voidable by the city commission. (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. Members of the board shall be appointed by the mayor, with the advice and consent of the city commission. ii. Planing board members shall be appointed as follows: four (4) Planning Board members shall be appointed for a term of one (1) year and three (3) members shall be appointed for a term of two (2) years, and all successor members shall be appointed for a two (2) year terms. iii. Vacancies shall be filled for the remainder of any unexpired terms. ` Supp. No. 10 134 ADMINISTRATION AND ENFORCEMENT 20 -6.1 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. V. The director of building 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. Snpp. No. 10 134.1 ADMINISTRATION AND ENFORCEMENT 20 -6.1 (b) The board shall elect from its membership a chairman and vice- chairman for one (1) year non - successive terms. i. The chairman shall normally preside at all meetings of the board. ii. In the absence of the chairman, the vice- chairman shall preside. (c) A temporary chairman may be elected at any meeting when both the chairman and vice - chairman are absent. (d) The Planning Board shall hold regular meetings at 7:30 p.m., on the second and last Tuesday of each month with the exception of the months of June and July. The Planning Board shall hold one (1) regular meeting at 7:30 p.m. on th Tuesday of June an second Tuesday of. Meetings need not be held are. no scheduled agen a i ems. regular meetings shall be held at City Hall. (e) The Chairperson or the Planning and Zoning Director shall have the authority to call a special meeting 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. (3) Powers and Duties. (a) The board shall have all such powers and duties as are granted and conferred by state law -and this -Code. - (b) The board shall have the authority to investigate and recommend to the city commission such changes in the boundaries of the various use districts, zoning regulations, use of land and type of construction, locations and use of all structures on any valid application submitted to it. i. In arriving at its recommendations, the board shall consider factors includ- ing, but not limited to: neighborhood character, suitability of particular uses, conservation of property values, the city's adopted Comprehensive Plan and availability of adequate public facilities and services.. ii. The board shall investigate and make recommendations to the city commis- sion on matters affecting redevelopment, rehabilitation, conservation and renewal progress toward the alleviation of slum and blight areas and such other conditions as may injuriously affect the city. (c) The board shall review and make recommendations on all applications for a change in zoning district boundaries. (d) The board shall periodically review and make recommendations relating to the provisions of this Code, including the district map, and shall offer recommenda- tions to the city commission as to the sufficiency thereof in implementing the city's adopted Comprehensive Plan. (e) Reserved. Supp. No. 9 135 20 -6.1 SOUTH MIAMI LAND DEVELOPMENT CODE (f) The board shall review and make recommendations relating to the determination and continuance of nonconforming uses. (g) The board shall review and make recommendations on all applications for special uses as permitted in this Code; such recommendations being made only after it has been determined that all established special requirements have been met and that the use will not create any incompatible relationships with other uses in the area in which it is to be located. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordi- nary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. (4) Procedures. (a) Quorum and voting. i. A quorum shall be five (5) members. ii. A majority vote of the members present shall be required to pass upon any matter on which the board is required to act under this Code. iii. Recommendations on all items before the board shall be transmitted to the city commission within forty -five (45) calendar days of the time that the item first appears on a regularly scheduled board agenda. If the board has not reached a decision on the item before it during said period, then the item shall be transmitted forthwith to the city commission with a "No Comment" recommendation. (b) The board shall keep a permanent record of all proceedings before it, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. (c) Meetings of the board shall be public and notification of such meetings shall be in accordance with city ordinances and state law. (d) All board actions shall be by motion. (e) All matters brought before the board shall be accompanied by a staff report which shall include basic facts. Supp. No. 9 136 ADMINISTRATION AND ENFORCEMENT 20 -6.1 (f) Financial interest. i. Any member of the board who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfea- sance in office and shall render the action voidable by the city commission. (C) Environmental Review and Preservation Board. (1) Establishment and Membership. (a) An environmental review and preservation board is hereby created which shall consist of nine (9) members who reside or work in the city, except as provided in ii. below. i.. The mayor, with the advice and consent of the city commission, shall appoint the members of the board. U. Board membership shall 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 land- scape architect may be filled by a qualified individual who does not reside or work in the City. iii Board membership shall include two (2), but no more than four (4), architects licensed to practice in the State of Florida. iv. 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. (b) Any member of the board shall be automatically removed for missing three (3) regular meetings in a row or five (5) meetings in a twelve (12) month period. i. The Planning and Zoning Director shall keep a record of meetings missed. ii. The Planning and Zoning Director shall advise the City Commission and the member being removed that such member has been automatically removed. (2) Organization. (a) Meetings. i. The board shall hold two (2) regular meetings each month, on the first and third Tuesday of each month. 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. Supp. No. 9 137 § 2 -18 SOUTH MIAMI CODE § 2 -21 (f) Records retention schedule. The state General Records Schedule for State and Local Government Agencies (schedule GSY) is hereby adopted. The retention and destruction of public records as provided in subsections (a) through (e) of this section 2 -18 are to be controlled and governed by that "Records Retention Schedule," a copy of which is on file in the city clerk's office. (g) Official custodian. The city clerk shall be the custodian of the "Records Retention Schedule," and shall ascertain that all actions taken under the provisions of section 2 -18 conform to the provisions of the "Records Retention Schedule." (Ord. No. 519, § 1, 4 -5 -65; Ord. No. 967, §§ 1, 2, 10 -4-77; Ord. No. 1709, § 1, 4- 11 -00) Sees. 2 -19, 2 -20. Reserved. ARTICLE 111. BOARDS A.ND COMMSSI ONS* See. 2 -21. Designated, appointee's term of GMce. There shall be the following boards and commissions in the city- (1) Personnel and merit board. (2) Planning wing board. (3) Code enfo meet board. All appointees shall serve for the term appointed and until a successor shall have been appointed and qualified. Appointments for unexpired terms shall be for the remainder of the term and until a successor has been appointed and qualified. (Ord. No. 279, Art. II, § 1, 11- 17 -53; Ord. No. 397, § 2, 2- 18 -58; Ord. No. 415, 8- 19 -58; Ord. No. 445, § 1, 4- 19 -60; Ord. No. 1280, § 1, 8 -4-87) *Cross reference— Indemnification of members of boards, § 2-4.6. Supp. No. 58 14 i � § 2-22 ABAMNISTR.ATION AND CITY GOVERNMENT § 2.24 Sec. 2 -22. Personnel and merit board. The personnel and merit board shall have the composition, functions and duties as [formerly] provided by Article VII of Chapter 8 and as altered,- amended or changed hereafter. (Ord. No. 279, Art. 11, § 2, 11- 17 -53) C a� Crass reference— Personnel board, § 16A-6. Sec. 2 -23. Planning and zoning board. The planning and zoning board shall have the composition, functions and duties as provided by [former] Article V, Chapter 20 of this Code and as altered, amended or changed hereafter. (Ord. No. 279, Art. II, § 3, 11- 17 -53; Ord. No. 397, § 3, 2- 18 -58) Sec. 2 -24. Special master. (a) Pursuant to the constitutional home rule powers granted to municipalities by the Florida constitution, and F.S. ch. 166 and § 162.22, the city creates the position of special master for the city to enforce the occupational . license,. building, .zoning, sign, and other related codes and ordinances of the city and all ordinances of Miami -Dade County and statutes of the state that the city is authorized to enforce. (b) All procedure and conduct of hearings shall be as provided in section 2 -25 of this code. The city attorney shall serve as counsel to the city in the defense of appeals to the special master. The city attorney shall have the power, upon approval by the city commission, to initiate civil actions for declaratory and injunctive relief; and orders to compel, and to commence any other action to enforce civil fines, correction orders and orders of the special master, and to compromise and settle fines and penalties. (c) The special master shall have the powers to: (1) Adopt by -laws and rules of procedure. (2) Hear de novo appeals by alleged violators from civil citations; affirm in whole or in part, or reverse, the charge of violation; and affirm or modify the order of corrections and fine levied in the citation. (3) Subpoena and swear witnesses. Supp. No. 60 14.1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Mlami -Dade County, Florida TATE OF FLORIDA OUNTY OF MIAMI -DACE: CITY .OFSOUTH MIAMI.. Before the undersigned authority personally appeared NO.T.ICE OF PUBLIC HEARING V. PEREZ, who on oath says that he or she is the r i NOTICE IS HEREB,. given'ihat the GlyGOmmis ;ion of the City or South LEGAL CLERK, Legal Notices of the Miami Daily Business Miami, Hearings at Its. regular City vnll. conduct Por Review f/k/a Miami Review, a daily (except Saturday, Sunday ion me'. t d , Au Commission meet ng scheduled for Tuesday, August 5, 2008 beginning and Legal Holidays) newspaper, published at Miami in Miami -Dade at 7.:30 P.m. in the .Cdy Commisston Chambers 6130 Sunset Drive, to County, Florida; that the attached co of advertisement, tY PY corisider the folldwmg items being a legal Advertisement of Notice in the matter of AN ORDINANCE OF THE MAYOR ANO CITY:COMMISSION ` OF THE CITY OF:SOUTH MIAMI, FLORIDA, RELATING TO ' THE LAND DEVELOPMENT CODE; REMOVING FROM THE CITY OF SOUTH MIAMI LAND DEVELOPMENT .COD.ESECT(ON,204.4(G) ENTITLED PUBLIC HEARING FOR 8/5/2008 "JOINT `:USE SP A.CES,.:.VIA.:$PECIAOPARKING PERMIT; REMOVING FR60 ,- HE= LANd 'DEVELOPMENT CODE in the XXXX Court, SECTION . "2o -4 -4(H) .ENTITLED..,'METRO- RAIL.. USAGE was published in said newspaper in the issues of - CONSIDERATION, 'VIA SPECIAL.-- PERMIT% ` AMENDING,,.'$EECTION_,20.7,,6. ENTITLED;.,.'PARKING' IN 07/25/2008 ORDER "� ?O MODIFK REGULATIONS ':PERTAINING TO. BONUSES a'b,,x. PARKING- •REDUCTIONS'SIN''THE 'SR - (HD OV)7, SPECIALTY RETAIL (HOMETOVYN DISTRICT - Affiant further says that the said Miami Daily Business OVERLAY.) ZONING. DISTRICT; : AMENDING .SECTION 20-8z:06 ENTITLED BONUS ALLOCATIONS' IN ORDER TO Review is a newspaper published at Miami in said Miami -Dade ELIMINATE PARKING . REDl1CTIONS ; AND' PARKING County, Florida and that the said newspaper has BONUSES' FOR' DEVELOP1v1ENT. IN THE`"TODD'- TRANSIT heretofore been continuously published in said Miami -Dade County, ORIENTED DEVELOPMENT DISTRICT. ZONING. DISTRICT; Florida, each day (except Saturday, Sunday and Legal Holidays) PROVIDING. - -FOR SEVERABILITY. ORDINANCES . IN and has been entered as second class mail matter at the post CONFLICT, AND PROVIDING AN EFFECTIVE DATE. l office in Miami in said Miami -Dade County, Florida, fora period of one year next preceding the first publication of the - AN ORDINANCE OF THE MAYOR'AND CITY COMMISSION attached copy of advertisement; and affiant further says that he or OF THE CITY OF,SOUTH MIAMI FLORIDA, RELATING TO AN AMENDMENT OF THE 2007 2008.BUDGET; APPROVING ., she has neither paid nor promised any person, firm or corporation AND ADOPTING THE- RECOMMENDATIONS:OF,THE CITY any discount, rebate, commission or refund for the purpose MANAGER^-TO ,: INCREASE, ?;THE ,2007 -2008 of securing this advertisement for publication in the said ,CURRENT BUDGET: FORTHEINCORRENCE00PRIORYEAR .EXPEN - , newspaper. DITURES:'IN THE CURRENT FISCAL YEAR'S BUDGET, AS SET FORTH IN THE: ATTACHED ITEMIZED:. LIST ARE FUNDED? BUT NOT EXPEND -- . AMOUNTS.COMMITTED AND , ED INrTHE: FISCAL tY.EAR200 &2007,. AND AUTHORIZING .. THE ;QITY,�MANAGER TO.TAKE'SUCW MEASURES AS ." Sworn to and subscribed befor me this NECESSARY -''TO = `ACCOMPLISH THOSE TRANSFERS;. =' PROVIDING',: FOR SEVERABILITY; ORDINANCES IN 25 day of JULY , A.D. 2008 j CONFLICT; ANDAN EFFECTIVE DATE. . �nrAN ORDINANCE OF-THE MAYOR AND CITY COMMISSION OF THE -CITY OF SOUTH h1 FLORIDA; RELATING TO - AMENDING THE CITY'S CODE OF.ORDINANCES CHAPTER. E O ` ARTICLE; -2.1 (6) AND (M)(1)(k), IN ORDER . (SEAL) ..SECTION:2 'TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTIONS 5 B, AND 6 B(3); AND EDITING THE - V. PEREZ personally known to P Y ORDINANCE TO CORRECT SCRIVENERS ERRORS: PROVIDING FOR SEVERABILITY, ORDINANCES, IN CON- _ _FLICT,.ANDAN EFFECTIVE DATE. _ +dpp� Notary PubPC• State of Flonua L1�4(pfj Cheryl H 'er Mommrsslu, UD793490 Expires-07n fi1i0 ?2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE:CITY OF SOUTH MIAMI, FLORIDA, - RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2- 6,- 2 -7.1, 2- 10(d), AND 2 -15, )N ORDER TO BRING THE CODE UP TO`DATE,AND TO BE CONSISTENT WITH THE CnYS CHARTER ARTICLE 111, SECTION 1; AND EDITINGTHE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF .SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,: THE "BOARDS-AND COMMISSIONS;, ".;SECTIONS 2 -Y1, 2 22 ANDY 23 W ORDER TO BRING THE -CODE OF .':TO'- 'DATE, AND "TO BE'CONSISTENT'WITH TRE.GITY'E CHARTER ARTICLE fl SECTION 8 C SAND EDLTING._T.HE OROINA146E19.5 - 'CORRECT.," SCRIVENERS'. "_ERRORS PROVIDING' FOR,: SEVERABILITYri ORDINANCES';;lh CONFLICT -AND AN E FFECTIVE DATE AN ORDINANCE OFTHE''MAYOR�AND CITY COMMIS510P OF THE- CITY -_OF SOUTH .'MIAMh,:FLORIDA . I RELATING TC ARTICLE V. AND WITH'FLORIDA STATUTES CHAPTER, 101 AND EDITING THE ORDINANCE TO CORRECT.SCRIVEN ERS - ERRORS PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT ANDAN EFFECTIVE DATE.. -' A RESOLUTION %OF THE MAYOR. AND CITY commiSSIOt OF THE CITY.OF SOUTH�MIAMI FLORIDA RELATING T( THE ISSUANCE, .'OF,'A�:CERTIFICATE'OF APPROPRIATE NESS PURSUANT TO SECTION, 20- 5.1,g(Ex3) OF THE LANI DEVELOPMENT CODEgTQ'PERMIT-WALL SIGNAGE ON, !DESIGNATED -. `�. HISTORIC, COMMEROIAL . BUILDIN( LOCATED AT SBQO SUNSET DRIVE (AMST.ER BUILDINGS PROVIDING AN EFFECTIVE DATE. If you have any inquiries on -lhe above itemsple-ase conlact the Clerk's office at: 305¢63 -6340 i. ALL Interested parties are Invited to attend and wIII -be heard.' ` Marla M Menendez, CA City Clerk Pursuant l6 Florida. Statutes' the -City'h ere by' advise public that If a person, decides.to,appe.al any decision made b, Board, Agency or Commission with i1aspect to any matter consider its meeting or hearing; he, or she will need a record of the proceec and that for such purpose affected person may need to ensure I verbatim record of the proceedings Is made which record include testimony and evidence upon which the appeal Is to be based. ' 7125. 08-:1715 7 rJP5I AR asm-4:30 p.m. daily (gardens open until 5:30 p.m., house until 5 p.m.) except Christmas- Day; 3251 S. Miami Ave., Miami. $12 adults, $9 Miami- Dade adult Tesidents, $5 kids 6-12,$4 Miami -Dade kids, free for kids .5 and under: 305-250-9133 or vizcaya'mu- seum.org. World Chess Hall of Fame: The off i-' cial hall of both the World and U.S. C ss � ti '. C pi` ps, he F6dera on ham onski - tournaments'and.field-trilm are held often. A chess Club is held Thursday nights: Pairticipation'in the'Sec6nid. Sunday 'Tour'nam6riti-sonc- r 6 b�_6d; - . g 137.55-$W 119th AvC.West Kendall-,. $5 adults; $3 childireh 1 . 2 and 6 1. nder.- .786-242-4255. p ­ -w-1-4 -UVLJE;r9CVllU!P 4U-4-Iftirl) lZIN111ILM 7MUHU=HAIL,UbXjl:, CONSIDERATION VIA: SPECIAL`: PARKING PERMFP';�AME14DING .SECTION 26-7.6 ENTITLED"PARKING"IN ORDER TO MODIFY REGULATIONS PERTAINING;,' TO BONUSES AND OAAKINGAEbudf6s IN fHty.SR(kb-bV7S0bALTY RETAIL* .(HOMETOWN. b&k1CT.'OVEFI`!0NlN6 DISTRICT, AMENDING SECTION SECTION 264.10 ENTITLED '"BONUS ALLOiCATI6N§'-�lNbRbtAf6 ELIMINATE PARKING REDUCTIONS AND PARKING 'BONUSES :FOR: DEVELOPMENT IN THE 'TODD TRANSIT OR`1ENTEDbEVElLbPmIENT DISTRICT ZONING DISTRICT ON N6TRICT 1 S .AN ORDINANCE �-RELATING ,T.OAN AMENDMENT .-O-F-,T,H"E-",2,007-200'8,BUDG,E7;' '�, APPROVING AND *ADOPTING THE RECOMMENDXTIO_ N."S OF THE CITY . Y MANAGER TO INCREASE-..THE.CURRENT..2007-20013 BQbGETPOR'THE. ANCURRENCt,dr PRIOR YEARID(PEND11' TURE& INJ. THE CURRENT FISCAL`. YEARS : ;BUDGET, ASSET FORTH N _T-Ht-'AT-rXdkb ITEMIZED 'C& AMOUNTS COMMITTED. AND -FUNDED, BUT NOT EXPENDED IN fHE,'FlSCAL YEAR N ' 06-2007i AND AUTHORIZING THE CITY MANAGER. TO -TAKE SU I CH MEASURES AS NECESSMM ACCOMPLISH, THOSE TFlANSFERS, ,- AN ORDINANCE RELATING TO AMENDING THE CITY 'S-C..O: D:EOt.'O"R'0'1.NA:N:.CES CHAPTER 2 ARTICLE 1, SECTION 2 -2.1 (B) AND (9)(1)(k), ]N ORDER -TO :1 .BE CONSISTENT B CONSIST6T WITH THE CITY'S CHARTER ARTICLE-11, SECTIONS 5 B, AND 6i. B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS , ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S ­ 11. q. _. q "DANCES CODE Z ARTICLE 'll, SECTIONS i26,277.1,2-10(d), AND-2`-4J5,lNJQRDER TO BRING THE CODE UP TO DATE, AND TO,K CONSISTNTMITH,THE CITY'S CHARTER ARTICLE III,.: SECTION - 1; AND EDITING THE ORDINANdETO CORRECT SCRIVENERS ERRORS. AN 0" N A2 N C E RELATING TO AMENDING THE CrrY,s CODE 6FOR'IDINANC . ES CHAPTER., k�ITICLE, III .-BOARDS. AND. COMMISSIONS,O.� SECTION . S 2-21 2722, AND 2-23, INCIRDER TO BRING :THE CODE ' * %TE ANb-fo BE UP Di CONSISTENT WITH THE CITY'S CHARTER ARTICLE'- II ,- SECTION C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS �RRORS.- ANORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES. CHAPTER 9, "ELECTIONS," SECTIONS.9-1, 9- 1:1.;9 -2, 9-3, 9-6,1-7, 9-8, AND 9-10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA, STATUTES CHAPTER 101; AND. EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. a A RESOLUTION RELATING TO THEASWANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 211-5.19(Q(3) OF THE LAND DEVELOPMENT CODE TO-.PERMIT . WALL; SIGNAGE`,-ON. A DESIGNATED. HISTORIC . COMMERCIAL, BUILDING LOCATED AT sbo- suNsET' DRIVE.— (AMSTER BUILDINGS). If you have any iriquiries -on-the "above: items please contact the City Clerk's office at: 305-663-6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CIVIC City Clerk Pursuant to Ronda Statutes - 2116.0105, the City hereby advises the public that if a person decides , to appeal any decision made by this Board, Agency or Commission with respect to any matter considered . at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected-persbn may need ia 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. 1 A C. 00 CD a. L UJI X 1_� 12 . , 0 Z E 0 U f2 E F0 Kz MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR AUGUST 19, 2008 in the XXXX Court, was published in said newspaper in the issues of 08/OB/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant 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 securing this a ertisement ublication in the said newspaper. Sworn to and subscribed before me this day of , A.D. 8 (SEAL) O.V. FERBEYRE personally known to me EE---;_0:1 ESA DD 750170 i 4, 2012.�'r- UndemiMars CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings, at its regular City Commission meeting scheduled for Tuesday, August 19, 2006 beginning at 7:30 0.M. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: ' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OE THE CITY OF SOUTH. MIAMI. FLORIDA, RELATING TO REQUEST TO AMEND LAND DEVELOPMENT CODE . SECTION 20.3.3(E) ENTITLED - OUTDOOR SEATING/ •DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT.", IN ORDER TO AMEND THE REQUIRE- MENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 20 -7.29 ENTITLED "OUTDOOR SEATINGIDINING USES AND AREAS "; PROVIDING FOR SEVERABILITY; PROVIDING' FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF'THE CITY'OF -SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI, LAND DEVELOPMENT CODE SECTION 20 -4.4 (A) ENTITLED "OFF- STREET PARKING REQUIRE- ... MENTS" IN ORDER TO MODIFY THE PROVISIONS ACLOWINi3' FOR -`ADJACENT . ON- STREET PARKING ,"SPACES ::TO. BE COUNTED AS REQUIRED PARKING; "REMOVING THE - F.ROVISION5 ALLOWING FOR ON- STREET PARKING SPACES TO BE CREDITED TO OTHER NEARBY PROPER - TIES; AND' PROVIDING FOR AN ANNUAL FEE TO BE ASSESSED FOR COUNTING ON- STREET SPACES AS _ REQUIRED. SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES=' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING. TO. RESIDENTIAL PARKING; AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15, -99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE THREE ADDITIONAL CONTROLLED PARKING RESIDENTIAL ZONES; PROVID- ING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. • AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT'WITH THE CITY'S CHARTER ARTICLE If,, SECTIONS 5 B, AND 6 8(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS: PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING THE CODE UP 1.0 DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2. ARTICLE III "BOARDS AND COMMISSIONS; SECTIONS 2- 21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTION 8 C; AND EDITING THE ORDINANCE. TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION . OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9. "ELECTIONS, ".SECTIONS 9-1, 9 -t.t., 9-2,9-3.9-6,9-7.9-8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER AR- TICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVEN- ERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY.OF SOUTH MIAMI, FLORIDA RELATING.TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE- NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL !.BUILDING LOCATED AT 5712. SUNSET DRIVE (CROSSROADS BUILDING); PROVIDING AN EFFECTIVE DATE.., If you have any inquiries on the above items please contact the Clerk's office al: 305- 663 -6340 -. - ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advise: public that if a person decides to appeal any decision made by Board, Agency or Commission with respect to any matter consider its meeting or hearing, he or she will need a record of the proceed and that for such purpose, affected person may need to ensure tl verbatim record of the proceedings is made which record include testimony and evidence upon which the appeal is to be based. 818 08 -3- 5011065: R _ o School Bully Buster Child Safety Pro- Team Metro Northwest extends gram: Features self- defense tech- Hours: The operating hoursfor Team (D _ niques and avoidance strategies ;that Metro Northwest - Office are 9 "a.m. to ¢ + help elementary age students under - 7 p.m. on Tuesdays, cash is not. r stand the effects of bullying; 5:15, to - accepted for any;transactions, fees,'--,. o''. 6:45 p.m. .Monday; Anta's Fitness and - must be paid with a check or money �' , . Self Defense;, 10721. NW 58th St " Doral free. 305 599 3649oranfak ungfu.com.-' c :'TURN TO CALENDAR, 46 + c`" N a COURTESY NOTICE CITY; OF SOUTH MIAMI, FLO RIDA L' ; On Tuesday,'August 19, 2008: beginning at 7130 P.m', n the -City Commission` Chambers; 6130 Sunset Drive, the City Commissibn' will hold Public Hearings to:"` consider the following items. E AN ORDINANCE RELATING TO A REQUEST TO AMEND (AND -0EVELOPMENT. t• CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL - ,: _ r F. - COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL a -; OFFICE ZONING DISTRICT" IN ORDER'TO'AMEND'THE REQUIREMENTS AND ff` STANDARDS APPLICABLE. TO.' OUTDOOR SEATING FOR mRESTAURANTS: DELETING, REPETITIVE- SECTION '20 -7.29 ENTITLED 'OUTDT OORSEATING/ "' ° k ` DININGUSESAND' AREAS ". N AN ORDINANCE" AMENDING SOUTH MIAMI 'LAND DEVELOPMENT :CODE ,_ SECTION, 120 -4.4 (A) ENTITLED' "OFF- STREET PARKING REQUIREMENTS" IN . ORDER' TO MODIFY THE PROVISIONS 'ALLOWING --'FOR ADJACENT -ON- STR_EEf .PARKING SPACES TO ;BE COUNTEDAS REQUIRED PARKING i THE PROVISIONS•ACLOWINGFOR -ON STREET :PARKING SPACES TO BE', CREDITED TO.OTHER., NEARBY. ' I _ PROPERTIES; AND PROVIDING FOR AN ANNUAL'FEE TO. 6E ASSESSED FOR. - :COUNTING ON STREET SPACES AS REQUIRED SPACES AN ORDINANCE AMENDING`THE SOUTH MIAMI CODE OF ORDINANCES-BY " AMENDING SECTION• 15-90, ENTITLED CONTROLLED PARKING RESIDENTIAL ':.. ZONES;. TO • DESIGNATE THREE; ADDITIONAL .CONTROLLED PARKING RESIDENTIAL ZONES:; " AN ORDINANCE AMENDING THE CITY S CODE OF ORDINANCES CHAPTER ''2 -ARTICLE I, SECTION 2 -2.1 (B) AND.(M)(1)(k),.JN,ORDER TO BEfCONSISTENT ' WITH THE' CITY'S CHARTER ARTICLE II,` SECTIONS'`5 6 AND '.6 B(3); AND -` EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS:' AN ORDINANCE AMENDING THE CITY'S CODEOF ORDINANCES CHAPTER.2," ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND'2- 15, 'IN ORDER TO BRING _- THE CODE UP TO DATE, AND TO BE.CONSISTENT WITH THE CITY'S CHARTER ARTICLE III; SECTION. " 1; AND EDITING THE ORDINANCE_ TO ;CORRECT SCRIVENERS` ERRORS.. ..- �.: ' AN- ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES.• CHAPTER 2 = ARTICLE III "BOARDS AND_ COMMISSIONS," SECTIONS 2-21--2- AND 2 -23 IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH ! THE CITY'S CHARTER ARTICLE 11, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT. SCRIVENERS ERRORS:. .. AN ORDINANCE AMENDING THE CITYS CODE OF ORDINANCES ;CHAPTER 9 ELECTIONS," SECTIONS 9-1 9'1 1 9 -2, 96,.9 7; 9-8; AND 5-101 IV, �v ORDER TO BRING THE CODE UP TO DATE; AND TO BE.CONS18TENT WITH THE ' CITY'S CHARTER ARTICLE V. AND,WITH CHAPTEW1_61; ', "FLORIDASTATUTES AND EDITING THE ORDINANCE TO. CORRECT'SCRIVENERS ERRORS A: RESOLUTION.:RELATING TO THE: ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5:19(E)(3)� OF:T' _ LAND DEVELOPMENT CODETO PERMIT WALL-SIGNAGE DNA DESIGNATED HISTORIC -- COMMERCIAL BUILDING LOCATED AT 5712. SONSEF DRIVE (CROSSROADS, ' (BUILDING). k If you have any inquiries- on the above items please •contact the City Clerk's office' y aY:.305- 663 -6340. F ALL interested parties.are invited to attepd and will be heard.-,,, Y Maria M Menendez, CIVIC �. k . City Clerk. Pursuant to Florida.' tatutes 286.0105, the:Gty hereby advises the public that d a person decides to appeal any decision made by this eoard, Agency or Commission with respect- to;any,mager considered at its• meeting or Hearing h. or she`vk need a Fecord of the proceedinds, and ihatSor such pdrpos ifiected persori.may:ne6d -- 6 ensure'tliat a veibatim record of the proceedings is made which record includes the testimony and evidence 1 upon whicti the appeal is to be based -7 .j, �.