02-17-04 Item 7CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor &
Commission Members
From: Maria Davis iW
City Manage
RESOLUTION
Date: February 17, 2004
ITEM NO.
Re: LDC Amencfment
ERPB Membership
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE
PLANNING BOARD TO INITIATE THE PROCESS TO AMEND
LAND DEVELOPMENT CODE SECTION 20 -6.1 (C) (1) (a) IN
ORDER TO MODIFY THE RESIDENCY REQUIREMENT FOR THE
LANDSCAPE ARCHITECT MEMBER OF THE ENVIRONMENTAL
REVIEW AND PRESERVATION BOARD . PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
In May of 2002, the City Commission adopted Ordinance No. 8 -03 -1792 which changed the
Environmental Review and Preservation Board by increasing its membership from seven to nine
and mandating that one member of the Board must be a landscape architect. In the interim since
that ordinance went into effect, it has been difficult to fill one of the current vacant positions
with a landscape architect. The primary reason is that the Code further specifies that all ERPB
members must reside or work in the city.
It is very important that the ERPB have input from a professional in the landscape architectural
field. This objective could be met if this particular position did not require residency.
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution directing the Planning
Board to initiate the process to amend Section 20- 6.1(C)(1)(a) of the South Miami Land
Development Code in order to eliminate the residency requirement for the landscape architect
position on the Environmental Review and Preservation Board (ERPB).
Attachments:
Draft Resolution
LDC Section 20 -61 (C)(1)
MD /SAY
E: \Comm Items \2004 \2 -17 -04 \LDC Amend on ERPB Landscape Arch Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE
PLANNING BOARD TO INITIATE THE PROCESS TO AMEND
LAND DEVELOPMENT CODE SECTION 20 -6.1 (C) (1) (a) IN
ORDER TO MODIFY THE RESIDENCY REQUIREMENT FOR
THE LANDSCAPE ARCHITECT MEMBER OF THE
ENVIRONMENTAL REVIEW AND PRESERVATION BOARD ;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 20- 6.1(C)(1)(a) of the South Miami Land Development Code specifies the
establishment and membership of the environmental review and preservation board (ERPB); and,
WHEREAS, the membership of the ERPB at this time does not contain any members from the
field of landscape architecture, and
WHEREAS, it has been difficult in South Miami to fill the professional landscape architect
position with the requirement that all Board members must live or work in the City; and
WHEREAS, the City Commission deems it advisable that the ERPB should contain at least one
member with landscape architecture experience.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLOIRDA, AS FOLLOWS:
Section 1. That the City Commission of the City of South Miami, Florida hereby directs
the Planning Board to initiate the process to amend Section 20-6. 1 (C)(1)(a) of the South Miami
Land Development Code in order to eliminate the residency requirement for the landscape
architect position on the environmental review and preservation board (ERPB).
Section 2. That this resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of 12004.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper
Commissioner Sherar
E: \Comm Item s \2004\2- 17- 04 \ResolutionLDC Amend on ERPB Memberships.doc
ADMINISTRATION AND ENFORCEMENT 20 -6.1
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.
i. The mayor, with the advice and consent of the city commission, shall appoint
the members of the board.
ii. Board membership shall include at least one (1) landscape architect, and
two (2), but no more than four (4), architects licensed to practice in the State
.of Florida.
iii. Members shall serve for a term of two (2) years.
regular meetings in a row or five (5) meetings in a twelve (12) month period.
L 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.
(c) The board shall elect from its membership a chair and vice -chair for a one year
non- successive term, respectively.
L The chair shall normally preside at all meetings of the board.
ii, in the absence or recusal of the chair, the vice -chair shall preside.
(d) A temporary chair may be elected at any meeting when both the chair and
vice -chair are absent or recused.
(3) Powers and Duties.
(a) The board shall have all such powers and duties as are granted by this Code.
(b) The board shall review and recommend approval, disapproval or modification on
all site plans, projects and specifications as required under the board's mandatory
review pursuant to this Code.
Supp. No. 8 13