Res No 145-16-14700RESOLUTION NO.145-16-14700
A Resolution of the Mayor and City Commission of the City of South Miami,Florida,
placing a question on the ballot for Tuesday,November 8,2016,Presidential Election,to
correct language made obsolete by state lawor previous charter changes,and to clarify
existing Charter language without change in function or intent by amending Art.II,Sec.
8.A,Art.Ill,Sec.5.E,Art.IV,Sec.2.B,Art.IV,Sec.2.C.,Art.V,Sec.l.B.4-5,Art.V,Sec.
5.B.,Art.V,Sec.6.,including an effective date for the amendment,and directing the City
Clerk to incorporate the amendment into the Charter and tofile the revised charter with
the Florida Department of State;providing ballot language and directing the City Clerk to
take all necessary actions to carry out the provisions of this resolution.
WHEREAS,the City Commission appointed a Charter Review Committee and special
counsel to correct the language and to improve and update the City Charter;and
WHEREAS,the Charter Review Committee expended an enormous amount totimeand
energy studying the City Charter and making recommendations;and
WHEREAS,the outside counsel approved bythe Charter Review Committee reviewed
and worked with the Committee drafting proposed changes tothe City Charter;and
WHEREAS,the City conducted atleasttwo public workshops to acquaint the electorate
of the proposed changes totheCity Charter andone of which included the debate bythe
members of theCity Commission asto which proposed changes should be submitted tothe
electorate;and
WHEREAS,the Mayor and the City Commissioners desire to have a ballot question
submitted tothe electorate fora referendum amending theCity Charter to correct language made
obsolete by state law or previous charter changes,andto clarify existing Charter language
without change in function or intent by amending Art.IV,Sec.2.B,Art.IV,Sec.2.C.,Art.V,
Sec.l.B.4-5,Art.V,Sec.5.B.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.A question shallbe placed onthe ballot forthe Tuesday,November 8,
2016 presidential election tobe submitted tothe qualified electorsassetforthbelow.
Section 2.Notice of such election shallbe published in accordance with the election
laws.
Section 3.The result of such election shallbe determined bya majority of the
qualifiedelectors of theCity of SouthMiamivotingupontheproposalatthenational
presidential election on November 8,2016.All qualified electors of theCity of SouthMiami
Res.No.145-16-14700
shallbe entitled to vote atsaid election.The question shall appear onthe ballot in substantially
the following form:
Title:City of South Miami Charter Amendments relating to Budgets,Elections,
Initiatives and Referenda.
BALLOT QUESTION:Shall theCity Charter be amended to correct language
made obsolete by state law or previous charter changes,andto clarify existing
Charter language without change in function or intent by amending Art.IV,Sec.
2.B,Art.IV,Sec.2.C.,Art.V,Sec.l.B.4-5,Art.V,Sec.5.B?
YES
NO
Section 4.If the ballot question is answered inthe affirmative bythe requisite number of
voters,the Charter for the City of South Miami shall be amended as follows (the underlined text
willbe added tothe existing Charter andthe text with aline through the text willbe deleted from
the existing Charter):
ARTICLE IV.
SECTION2.Budget
A,The City Manager shall submit to the Commission,60 days prior to the
beginning of the fiscal year,an annual budget together with an explanatory
message.The budget,budget message and all supporting schedules,shall be
a public record open to public inspection.(Amended 2/11/14)
S.Public Hearings At4The meeting of the Commission at which the budget
and budget message are submitted shall be held in accordance with State
law as may be amended from time to time.,the Commission shall determine
the time and place for a public hearing on the budget,at which time,
interested persons shall bo given an opportunity to bo hoard.The CityClerk
shall post a notice of the place and time not loss than five days after the date
of posting at which time the Commission will hold a public hearing.
G Adjustments.Any and all adjustments made to the budget after the
conclusion of the public hearing at which the budget and budget message
were submitted must be made in accordance with State law as may be
amended from time to time.After conclusion of such public hearings,the
Commission may insert now items or may increase,decrease or delete the
itoms of the—budget;—provided,—however,—if the total—of proposed
expenditures bo increased thereby,then and in that event,the CityClerk
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Res.No.145-16-14700
shall post a notico sotting forth the nature of the proposed increase and
listing a place and time not loss than five days after tho date of posting of the
public hearing thoroon.
ARTICLE V.
SECTION 1.Qualifications
B.Candidates:The CityClerkshall certify that a candidate for election to
the Office of the Mayor or Commissioner,no less than 60 days prior to a
duly scheduled election has:(Amended 2/11/14)
{4)No appointed officer or omployoo of tho City of South
Miami,shall bo certified for nomination of any oloctod position in tho City
of South Miami.
{£)Anyofficialof tho Cityof South Miami who is oloctod or
appointed to any offico and qualifies for an oloctivo office outside tho
City of South Miami shall forfeit his (hor)office by tho fact of such
qualification.
ARTICLE V.
SECTION 5.Procedures
A.Provisions The City Commission shall provide,by ordinance,for the
procedures of elections not inconsistent with State law.(Amended
2/11/14)
B.Canvassing Board Committee
Upon the closing of the polls and the casting of the ballot by the last
person then entitled to vote,the Canvassing Board Committee,
Page 3 of 5
Res.No.145-16-14700
comprised of the majority of tho Commission City Attorney,or his or her
designee,County Supervisor of Elections,or his or her designee,and the
CityClerk,or his or her designee,shall publicly record the results of the
election and proceed to tabulate the absentee ballots and certify the
results.
Section 5.Theform of the ballot shallbein accordance with the requirements of general
election laws.
Section 6.Early voting shallbe conducted in accordance with the requirements of
general election laws.
Section 7.Vote-by-mail ballot maybeusedby qualified electors of theCity of South
Miami for voting on this question.Theform of such absentee ballot shall bein accordance with
the requirements prescribed by general election laws.
Section 8.A sample ballot showing the manner in which the question or proposal
aforesaid will appear at this election shallbe published and provided in accordance with the
applicable provisions of general election laws.
Section 9.This election onthe proposal aforesaid shallbe held and conducted in
accordance with applicable provisions of the general laws relating to elections andthe provisions
of the Miami-Dade County Home Rule Charter.TheCity Manager orthe manager's designee,
the Finance Director,and the City Clerk are hereby authorized and directed to take all
appropriate actions necessary tocarryinto effect and accomplish the provisions of this
resolution.
Section 10:Severability:If any section clause,sentence,or phrase of this resolution is
forany reason held invalid or unconstitutional byacourt of competent jurisdiction,theholding
shallnotaffectthe validity of the remaining portions of this resolution.
Section 11.Effective Date:This amendment,if approved bythe electorate,shall
become effective ten (10)days following thedate of the election heldforitsapproval.
This resolution shallbecomeeffectiveimmediatelyupon adoption byvote of theCity
Commission.
PASSED AND APPROVED this 2^_day of August 2016.
ATTEST:APPROVED:f)j
ifUu
MA
Page 4 of5
Res.No.145-16-14700
Page 5 of 5
COMMISSION VOTE:4-1
Mayor Stoddard:Yea
Vice Mayor Welsh:Yea
Commissioner Edmond:Nay
Commissioner Harris:Yea
Commissioner Liebman:Yea
24SE NEIGHBORS SUNDAY MY 242016
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY giventhattheCity Commission of theCity of SouthMiami,
FloridawillconductPublic Hearing(s)atitsregularCityCommission meeting
scheduledforTuesday,August 2,2016,beginningat7:00p.m.,intheCityCommission
Chambers,6130 Sunset Drive,to consider the following item(s):^.
A Resolution ofthe Mayor and City Commission of the City of South Miami,\
Florida,placingaquestionontheballotforTuesday,November8,2016,'
Presidential Election,tocorrectlanguagemadeobsoletebystatelaworprevious
charterchanges,andtoclarifyexisting Charter languagewithoutchangein
functionorintentby amending Art.11,Sec.8 A,Art.HI,Sec.5.E,Art.IVSec.
2.B,Art.IV;Sec.2.C.,Art.V,Sec.l.B.4-5,Art.V,Sec.5.B.,Art.V,Sec.6.,
includinganeffectivedatefortheamendment,anddirectingtheCityClerkto
incorporatethe amendment intothe Charter andtofiletherevised charter with
the Florida Department ofState;providing ballot language and directing the City
Clerktotakeall necessary actionstocarryouttheprovisionsofthis resolution.
A Resolution of theCity of South Miami,Florida,placing a question onthe
ballotforTuesday,November 8,2016,Presidential Election,to amend theCity
Charter.Article II,SECTION 6,subsection DVoting Procedure,to reduce the
number of votes necessary tomakelanduseand development regulations less
restrictivefortheMadisonSquareaffordablehousingproject.
A Resolution oftheCity of SouthMiami.,Florida,placinga non-binding ballot
questionontheTuesday.November8,2016.PresidentialElectionballot,to
determinewhetherthevoterssupportthebuildingofanewCityHall,Police
StationandLibraryusingthevalue oftheexistingLibrary and/or CityHall/Police
Stationproperty,andhowsurplusfundsfromsuchatransactionshouldbespent.
An Ordinance amendingChapter1,Section1-8 of theCityofSouth Miami's
Code of Ordinances regarding general penalties foroffenses.
An Ordinance amendingChapter5.ArticleI.Section5-1oftheCity of South
Miami's Code of Ordinances protecting wild parrots,theirnestingtreesand
theireggsand establishing criminal penalties and enforcement procedures.
An Ordinance establishing a moratorium onthe subdivision of parcels of land
pendingtheadoption of anamendmenttotheCity'sLand Development Code,
Section20-4.2,governing subdivision of landand buildable sites.
ALL interested parties areinvitedtoattendandwillbeheard.
For further information,pleasecontacttheCityClerk'sOfficeat:305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant toFloridaStatutes 286.0105,theCity hereby advisesthepublicthatifapersondecidesto
appealany decisiou made bythis Board,Agency or Commission withrespecttoanymatterconsidered
atitsmeetingor hearing,heorshewillneedarecord of theproceedings,andthatforsuchpurpose,
affectedpersonmayneedtoensurethata verbatim record of the proceedings ismadewhichrecord
includesthe testimony and evidence upou which theappealistobebased.
FROMPAGE12SE
CALENDAR
HeraldMediaCompanynow
present thisjournalistic chronol
ogy,which showcases thespirit
and accomplishments of the
Cuban American community.The
permanent exhibition is housed
at the College'sNationalHistoric
Landmark Freedom Tower,itself
central to the story of Cubans in
the United States.MDC's Free-.
dom Towerwas operated bythe
U.S.Government asa reception
center forCuban refugees from
1962to1974.The building is
significant because it represents
the important story of the Cuban
exodus to America and resettle
ment during the Cold War.A
reports the U.S.Department of
the Interior,which has also called.
the Freedom Tower the Ellis
Islandofthe South.A Thoughit
operated in that capacity foronly
12 years,the building has become
anicon representing the faith
that democracy brought to
troubled lives,the generosity of
the American people and a
hopeful beginning that assured
thousands a new lifeina new
land.July24-July2812p.m.-5
p.m.FreeMiamiDade College -
SEE CALENDAR,26SE
in varied environments and
locations throughout the China
to reveal the mix of ancient
tradition and modern lifestyle of
itsyoung people.YAA alsowill
feature several exhibits show
casing internationally acclaimed
contemporary Chinese artists,Ji
Zhou,Li Hongbo andYiZhou,in
addition to artwork from stu
dents at the RoupuArt Center in
Wuhan,China.July 2411 a.m.-6
p.m.;July25-July 2810 a.m.-5
p.m.$11-$14YoungatArtMu
seum 751SW121 Ave.,Davie.
Cuban Classical Ballet of Miami
School Summer Camp This
intensive Summer program
focuses on the Cuban Classical
Ballet Technique and will include:
Pointe.Variations,Pas de Deux,
Character Dance and more.The
camp concludes witha showcase
performance on Saturday,July
30 July24 -July 289 a.m.-5 p.m.
$250 and upMiamiHispanic
Cultural Arts Center 111S.W.Fifth
Ave.,Miami.
Exhibit Tours -Creating the
Dream Enjoya guided tourof
"Creating the Dream:George
Merrick and His Vision for Coral
Gables.A*anexhibition about the
Gables'founder and developer
George Merrick.Learnhow
Merrickwentfrom thirteen-year
oldfarmer'ssonto development
king.This inspiring American
story addresses local history and
urban design.July 241 p.m.
Included in admission Coral
Gables Museum 285 Aragon Ave.,
Coral Gables.
Exile Experience:A Journey to
Freedom "TheExile Experience:
Journey to Freedom"isa pictorial
account ofthe struggles that the
Cuban exile community has
endured since Fidel Castro's rise
to power,andthe successes they
have achieved in the United
States.Having covered the
Cuban exile community and its
struggle for freedom extensively
throughout the years,Miami
Dade College and The Miami
Public Notice
The Public is advised that trieSouthA Municipal AdvisoryCommittee (MAC)will be holding ameeting
on Tuesday,July 26,2016 at6:30 P.M.at Deerwood Bonita Lakes Park,14445SW122nd Avenue,
Miami,33186.
The MAC will be evaluating the potential incorporation oftheareaintoa separate municipality;It will also
be meeting with staffto discuss the County's concerns regarding any adverse impact tothe remaining
unincorporated municipal service area or other regional municipal-type servjees thatcould occur dueto
anysuch Incorporation.
The MAC areais generally boundedas follows:
NORTHERN MOST BOUNDARY:
SW 120th Street
SOUTHERN MOST BOUNDARY:
SW 232nd Street
EASTERN MOSTBOUNDARY:
US1
WESTERN MOST BOUNDARY:
SW 157th Avenue
(Boundaries only indade areaswithin
CountyCommissionDistrict9torstudyarea)
The public is invited toshareits thoughts on incorporation,the proposed boundaries,services itwishesto
seeenhancedandany additional information thatmayassistthe MAC inits deliberations.
Forlegaladsonline,goto http://legalads.miamidade.gov
MIAMI DAILY BUSINESS REVIEW
Published Oaily except Saturday.Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA,whoonoath says thatheor she isthe LEGAL
CLERK,LegalNoticesofthe Miami Daily Business Review,
f/k/a Miami Review,a daily (except Saturday,Sunday and
LegalHolidays)newspaper,publishedatMiamiInMiami-Dade
County,Florida;that the attachedcopyof advertisement,
being aLegal Advertisement ofNoticeinthe matter of
NOTICE OF PUBLIC HEARING
CITYOF SOUTH MIAMI -AUGUST 2,2016
in the XXXX Court,
was published insaid newspaper inthe issues of
07/22/2016
Affiantfurthersaysthatthesaid Miami Daily Business
Reviewisa newspaper publishedatMiami,:insaid
Miami-DadeCounty,Floridaandthatthesaidnewspaperhas
heretofore been continuously published insaid Miami-Dade
County,Florida eachday(exceptSaturday,Sundayand
LegalHolidays)and"has been entered as second class mail
matteratthepost office,in Miami insaidMiami-DadeCounty,
Florida,foraperiodofoneyearnextpreceding the.first
publicationofthe attached copyof advertisement;andaffiant
further says,thatheorshehas.neitherpaidnor promised any
person,firm or corporation anydiscount,rebate,commission
or refunp>'fortne puj#o^eo^s5)uring this advertisement for
pu'blJGcftion in the^sald newspaper.
(SEAL)
MARIAMESA personally knowntome
RHONDA M PELTIER
':MY COMMISSION UFF231407
'ZffifiSjF EXPIRES May 17 2019
•7/2^3