05-15-07 Item 201
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ORDINANCE NO.: '
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIANII, _. FLORIDA, AMENDING ORDINANCE NO. 15 -02 -1783
RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE
CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;1g
AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of South Miami recognizes that a key function of government is sound
fiscal management and careful budget preparation in order to be able to provide a high level of municipal
services to its residents and businesses; and
WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor
requiring expertise and/or experience which is normally limited to professionals within the financial
management, accounting, auditing and municipal management fields; and
WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption
of an annual budget and of appointed staffs' administration of city operations, and;
WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff,
in providing said oversight, and;
WHEREAS, the City Commission desires to extend the length of service on the Committee to
ensure the Committee's ability to complete all assigned tasks; and,
WHEREAS, The City Commission also recognizes the lawful non - interference provisions of the
City Charter and the City Manager's contract.
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City of South Miami Code of Ordinances Section 2 -26.8 entitled "Budget
and Finance Committee," is amended to read as follows:
(Note: New wording in bold — underlined; wording to be removed indicated by strike - through)
Sec. 2 -26.8. Budget and Finance Committee.
(a) Name. There is hereby created a Budget and Finance Committee. The committee shall
consist of no more than five members.
(b) Purpose. The purpose of the committee is to provide advice and recommendations to the
City Commission regarding the adoption and implementation of financially sound annual budgets and
investment policies. To accomplish this purpose, the committee is charged with reviewing and evaluating
the draft proposed budget, the City's investments, employee pension and other retirement accounts
examining ways to preserve existing revenue sources and exploring additional funding sources; - giving
advice to the City Commission on projected earnings of investments and desirable or necessary further
investments, revenue, expenditures and strategic planning (which includes analyzing existing service
levels and determining sufficiency and appropriateness). The Committee shall also review the annual
comprehensive audit report.
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(c) Membership, terms. Members of the committee shall be appointed by the Mayor as
provided for by the City Charter. The Mayor shall attempt to include representatives of the local business
community, residents, and accounting and finance experts., in the membership of the committee. The
initial appointments to the committee shall'' m begin as soon as the Finance Director declares
commencement of the budget process and shall sunset at the end of the
fiscal year. Appointments to fill any vacancy on the committee will be for the unexpired term. The City
Manager or designee may serve as an ex officio member of the committee.
(d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city
hall at a convenient time to be decided by the committee members. The members may change the place
and time of a particular meeting by motion and a vote of the majority of members present at a regularly
scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to
hold meetings and take action. Additional special meetings may be scheduled and notice shall be given,
as provided in the city code for special meetings of the city commission; provided, however, that
scheduling special meetings shall require the vote or written request of a majority of the members. The
committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all
meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings
shall be properly noticed, open to the public and minutes shall be kept by recording and in written form.
Members shall serve without compensation. For purposes of properly posting notices, the chairperson
shall notify the city clerk at least twenty -four hours in advance about the date of the meetings.
(e) Administrative assistance. The City Manager or designee shall provide the committee
members with copies of quarterly and annual financial reports for the general budget and retirement
accounts as soon as they are available following the close of the quarter and the fiscal year. The annual
audit report and the proposed budget shall be delivered to the committee members not later than the date
they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other
account reports shall be made to the City Manager or designee and shall be provided to the Committee in
a timely manner. The City Manager or designee shall provide assistance to the committee, provided that
all requests are submitted in writing. Should the City Manager find any Committee request for
information or assistance unreasonable or disruptive to the normal operations of the City, the City
Manager may deny the request, providing to the Committee written grounds for the denial. The
Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission.
(f) Reports. The committee shall prepare a report of its budget and finance review to the
City Commission at or before the first public hearing in accordance with subparagraph l(b).
(g) Sunshine laws. All meetings of the committee and of any two or more persons appointed
to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All
documents, including email communications, prepared by the committee or a committee member are
public records.
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, this holding shall not affect the validity of
the remaining portions of this ordinance.
Section 3. This ordinance shall be effective immediately after the adoption hereof.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1" Reading
2nd Reading
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2007
J:\My Documents\resolutions \Ordinance budget and finance committee.9- 30- 07.doc
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APPROVED:
U _, _ •
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
'ATE OF FLORIDA
)UNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
J.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, 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,
3eing a Legal Advertisement of Notice in the smatter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 5/15/07 - ORD. AMENDING SEC 8A ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/04/2007
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 advert' t for publication in the said
newspaper/ ��
Sworn to and subscribed before me this
04 day of MAY , A.D. 2007
%.
(SEAL)
O.V. FERBEYRE personally known to me
Cheryl H Manner
• MY COMMIS]1on D0338559
Expires July 19, 2008
CITY OF SOUTH MIAMI
NOTICE OF- PUBLIC HEARING
NOTICE 15 HEREBY given thaIf the City Commission of the City of
South Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, May 15, 2007 beginning at
7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING SECTION. 8A OF THE CITY'S CODE OF
ORDINANCES ENTITLED "CODE OF ETHICS' TO INCLUDE A
NEW SECTION aA -2, WHICH SECTION SHALL BE ENTITLED:
'CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS";
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, AMENDING
SECTION 20-4.4(A)(2) ENTITLED 'OFF -STREET PARKING
REQUIREMENTS' OF ".-THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PRO-
VISIONS ALLOWING FOR THE ADMINISTRATIVE CREDIT-
ING OF ON- STREET PARKING SPACES AS REQUIRED
PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVID-
ING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE. -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SEC-
TION 20- 8.8(D) ENTITLED 'GARAGES IN MU- 5'_OF,THE
SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CLARIFY PROVISIONS RELATED TO THE LOCATION OF
PARKING GARAGES IN DEVELOPMENT PROJECTS; PRO-
VIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION'
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE; AMENDING REGULA-
TIONS PERTAINING TO BONUSES AND PARKING REDUC-
TIONS IN THE TRANSIT ORIENTED DEVELOPMENT DIS-
TRICT AND IN THE HOMETOWN OVERLAY ZONE IN ORDER
TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVI-
SIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS,
THEREBY ENABLING THE CITY TO EVALUATE RECOM-
MENDATIONS OF THE ZONING TASK FORCE, PARKING
BOARD, AND THE PLANNING BOARD PERTAINING TO THE
REDUCTION OF REQUIRED PARKING SPACES AND TO
PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
ORDINANCES OR SECTIONS THEREOF IN CONFLICT
SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME
PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN.
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 14 ENTITLED 'EMERGENCY MAN-
AGEMENT;' CREATING SECTION 145.1 ENTITLED WATER
CONSERVATION AND EMERGENCY WATER RESTRICTION
ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT
AND POLICE ENFORCEMENT OF EMERGENCY WATER RE- '
STRICTION DECLARATIONS ISSUED BY THE SOUTH FLOR-
IDA WATER MANAGEMENT DISTRICT; PROVIDING FOR PO-
LICE ENFORCEMENT VIA CRIMINAL PROCESS OF STATE
LAW; AND DIVISION OF CODE COMPLIANCE ENFORCE-
MENT THROUGH THE CITY'S CIVIL CITATION SYSTEM UN-
DER SECTION 2 -21, OF THE CITY'S CODE OF ORDINANC-
ES; PROVIDING FOR FINES AND APPEAL PROCESS; PRO-
VIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF
THE CODE OF ORDINANCES, ENTITILED - BUDGET AND FI-
NANCE COMMITTEE; AMENDING MEMBERSHIP TERM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE. y
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE AD VALOREM TAXATION; AMENDING CHAPTER 18 RE-
LATING TO TAXATION TO AMEND THE SENIOR CITIZEN EX-
EMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALI-
FIED INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL
INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE
WITHIN THE CITY LIMITS WITH A $50,000. AD VALOREM
TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PRO-
VIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND
DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A
MIXED USE DEVELOPMENT PROJECT IN THE - SR(HD -OV)-
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TC
SECTIONS 20.7.88, 20- 7.1OB, 20 -7.11 IN ORDER TO: (1) AL
LOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE
FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVER
AGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 5091.
LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILD
ING TO EXCEED THE MAXIMUM PERMITTED BUILDINC
SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW /
CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LO
CATION IS NOT SHOWN ON THE HOMETOWNDISTRIC : i
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LO
CATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDINC
FOR SEVERABILITY; PROVIDING FOR ORDINANCES It
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSIOt
OF THE CITY OF SOUTH MIAMI, FLORIDA PURSUANT TC
LAND DEVELOPMENT CODE SECTION 20- 5.19(EX3) RE
QUESTING THE ISSUANCE OF A CERTIFICATE,OF APPRO
PRIATENESS FOR A SINGLE FAMILY RESIDENCE LOCAT
ED AT 6202 MILLER ROAD WITHIN AN RS- 3(HP -0V), RESI
DENTIAL SINGLE FAMILY (HISTORIC PRESERVATIOt
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HIS
TORIC DISTRICT) IN ORDER TO PERMIT EXTERIOR RENO
VATION AND EXPANSION OF SECOND FLOOR; AND PUR
SUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITI
THE CERTIFICATE OF APPROPRIATENESS A REQUES'
TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E) TC
ALLOW FOR LOT COVERAGE TO BE 38% WHERE A MAXI
MUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROR
SECTION 20- 3.5(E) TO ALLOW A SIDE STREET SETBACK 01
7 FOR THE FIRST FLOOR AND 12 FEET FOR THE SECONC
FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH FIRS'
AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.
If you have any Inquiries on the above items please contact the
Clerk's office at: 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 advises the
Ile that if a person decides to appeal any decision made by this 8
Agency or Commission with respect to any matter considered at its I
ing or hearing, he or she will need a record of the proceedings, and it
I such purpose, affected person may need to ensure that a verbatim n
of the proceedings is made which record includes the testimony an
dente upon which the appeal is to be based.
514 07- 3- 64/828