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12-18-07 Item 15South Miami All•Amedea City N� p CITY OF SOUTH MIAMI 1111. OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Directo r Date: December 18, 2007 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. BACKGROUND At the City Commission meeting on September 4, 2007, Ordinance No. 26 -07 -1927 was adopted establishing a Green Task Force. The ordinance amended the City Code to create a seven member Task Force and it also set forth the duties of the Task Force. During the interim period before the appointment of the Task Force members it was agreed that certain changes in the membership would be appropriate. The basic changes are: increasing the number of citizen members from two to three; elimination of the City Commission member; providing for the Task Force to select its Chair and Vice - chair; and clarification that staggered terms would start in 2009. RECOMMENDATION It is recommended that the draft ordinance be approved. Backup Documentation: Draft Resolution JP /SAY X: \Comm Items \2007 \12 -18 -07 \Green Task force Ord CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO.� AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR' ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the City Commission meeting on May 15, 2007, the City Administration presented a report on Green design initiatives and activities to protect the quality of life in South Miami, which report recommended the establishment of a Green Task Force; and WHEREAS, the City Commission at its meeting on September 4, 2007, adopted Ordinance No. 26 -07 -1927 establishing the Green Task Force; and WHEREAS, it has been determined that certain adjustments are required in the membership of the Task Force and the selection of the Chairperson and Vice - Chairperson. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That Sec. 2.26.12 of the City of South Miami Code is created to read: Sec. 2.26.12 Green Task Force. (a) Created. There is hereby created a Green Task Force for the City. The Task Force shall consist of seven (7) members: one (1) member from the Environmental Review and Preservation Board; one (1) from the Planning Board; one (1) from the Historic Preservation Board; one (1) local developer; and three 3 residents from the City of South Miami. Each of the Boards shall recommend from its membership a representative to the Mayor and Commission to become a member of the Green Task Force. The Mayor shall appoint the Board's representatives, the local developer ands three residents with the consent of the City Commission. The members of the Task Force shall annually select a Chairperson and Vice - Chairperson. (b) Staff support. 0 =��� .LQ;r- .X * LfTQ9]r "r-og.. The City Manager or his/her designee shall serve as the Executive Secretary to the Task Force. (c) Appointment and terms of members. Members of the Task Force shall be Page 1 of 3 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 appointed by the mayor with advice and consent of the City Commission to two year terms or until their successor is appointed. The members may serve up to three consecutive terms. Staggered terms will be implemented with theme 2009 Task Force. (d) Resignation and Vacancies. If a vacancy occurs on the Task Force for any reason, the mayor shall nominate a replacement for the unexpired portion of the term. (e) Attendance. A member missing three (3) consecutive meetings or five (5) non- consecutive meetings per calendar year will result in removal from the Task Force. (f) Quorum. A quorum shall be four (4) members. An affirmative vote of the majority of the members present shall be required to pass upon any matter the committee recommends. (g) Duties. The duties of the Task Force shall include, but are not limited to: (i) Development of goals, criteria and strategies for maximizing green building design and energy and water efficient construction in the City of South Miami for future residential and commercial development consistent with LEED certification standards; (ii) Coordination of green building issues and policy development with City departments; (iii) Support for the integration of green building and energy and water efficient practices into City departments; (iv) Coordination of the technical review of the City Tree Master Plan and participation of the Planning Department in the preparation of programs and plans that support green design and energy and water efficient practices as well as cultural and economic policies that protect our natural resources and quality of life; (v) Develop and oversee a green building and energy and water efficient training program for City departments; (vi) Develop potential local incentives to promote LEED certification; and (vii) Develop a Green Building Compliance Guide. (h) Compensation. Task Force shall not receive compensation for their services. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 22 23 24 25 26 27 28 29 30 31 Section 4. 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 5. This ordinance shall be codified and included in the Code of Ordinances. Section 6. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: day of , 2007 APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: CITY ATTORNEY XAComm Items\2007 \124-07 \Green Building Task Force Revised Ordinance 11- 15- 07.doc Page 3 of 3 Z W 0~0 O2 2 OZw iw 80" Z "L px O.�via5 g¢!o�S Z,z U ~ ~.d O U40w0 �Oa..� uo NOIaia �pZT as W�z .o FZ p.WamZ °U OJ:..w°OJw U<a2SC Zgp?aK a, ZLL:OJm6 2 4~l uQ.2u mKw -a2U ¢gUO�❑ Q WJ�.� ��4KUN'i Oa¢w w >p�mO¢¢ .`im❑LL❑WU �.F F� ❑LL gS6NQC =UFa2- rN,N -HZ.F W LL U w N O OIw- w O F U d 2 0 0 0 0, z °�owa�o ZooN+ a ,z 20, jOOWOF ?U2❑ N° o� ��oOW ova °z °o N�mw�< ZLLOSKOtLLi. 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U ;00 >U z ¢ x xw JWLLOO J JN 6LLF ZWJ7i W WZ22ti mw0¢2� � °4N—lN �mQF 0o¢W° aZUwzw> 0 2 N FN NF"wo ge -AO, wOTZWLLZ .a'0o 0 z¢W=zOQ WzWWW Og=�p ¢� U }}ml-" z K~ QZhU 0U"r�ZZ. u'LL :.W wLL59 Jooz�- zLLOxxa da °z `w0 @ou, �a $zo �d °a ¢ oo: v❑ �^ naniLL °a'¢oNt- w3a'aaOr¢xr�a¢LLw¢ro mpm O m -p fnN O Oi q m C y 0 E� m J`m `m Emz Cc', i c y a�� -°a�-2 a m m marym m aEi`� a m E a�E C•° H y ;`tl�mp4amio °'m t°` o ¢ cE�atc� m r LLoayi .o�oac v c w $ c L s D U m J W °mmaumi3 w > Q¢ U L IL W O& N rLn N o c N O N O .s � rr E _=- you have ever had to deal with Building and Zoning or Code Enforcement officials. JOHN R. DAVIS CORAL GABLES Nr= x� 1500 Monza Avenue Suite 350 Coral Gables, Florida 33146 Telephone: ( +1) 305.740.6001 www.polestariaiaxnti.com COURTESY .1 CITY OF SOUTH MIAMI, FLORIDA On Tuesday, December 18, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS. AND PROVIDING PENALTIES. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5893 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY. AN ORDINANCE RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND HAZARDOUS, B10- HAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES. AN ORDINANCE AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK FORCE," IN ORDER TO MODIFY THE) MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS. I AN ORDINANCE AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -15 "DEMOLITION REQUIREMENT STANDARDS." A RESOLUTION APPROVING THE PROPOSED "AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY" AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE SUBJECT INTERLOCAL AGREEMENT AS REQUIRED BY STATE STATUTE 163.3177. AN ORDINANCE AMENDING THE SOUTH MIAMI COMPREHENSIVE PLAN TO INCLUDE A NEW EDUCATIONAL FACILITIES ELEMENT; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT; AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW.! If you have any inquiries on the above items please contact the Planning Department's office at: 305 - 663 -6326. ALL interested parties are invited to attend and will be beard. Maria M. Menendez, CMC City Cleric Pursuant to Florida Statutes 285.0105, 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 person may need to ensure that a verbatim record of the proceedings is made which record includes the tes- timony and evidence upon which the appeal is to be based.