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Res No 087-20-15527RESOLUTION NO. 097 20-15527 A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article V, SECTION 2, titled "General Elections" Subsection A. titled "Time" to change the City's general election from February to the same time as the national elections in November. WHEREAS, Article V, Section 2. General Elections Subsection A. provides as follows: A. Time. General elections for the Commission shall be held during February of each even year, the day, place and time to be set by ordinance, at which time the Mayor shall be elected to a term of two years and two Commissioners shall be elected to terms of four years. WHEREAS, in 2016, the City's Special Election was held at the same time as the national election on November 8, 2016, and it resulted in a 77% voter turnout (5,871 ballots were cast). The cost of holding the election was $6,613.81 which translates into a cost of $1.13 per vote; and WHEREAS, in 2020, City election was held on the February 11, 2020 and it resulted in a 27.75% voter turnout (2,175 ballots were cast) at a cost of $40,619.58, which translates to a cost of $18.68 per vote; and WHEREAS, the historical turnout numbers show that a much higher portion of the City electorate shows up for a national election compared to an election limited to City candidates, i. e., 77% of the City electorate shows up for a national election and only 27.75% show up for an election limited to City candidates; and WHEREAS, when comparing the City's November 2016 special election with the February 2020 general election, an election of City candidates and City issues held at the same time as a national election saves the City $34,005.77 and results in a turnout of voters that is in excess of 177.48% of the number of voters who turn out when the City holds .its elections in February; and WHEREAS, the election in February 2020 cost more than 1,553.10% of the cost of the election that took place during the national elections that were held in November 2016; and WHEREAS, the City Commissioners desire to have a ballot question submitted to the electorate for a referendum amending the City Charter to change the election month for City elections to the same time as the November national election by amending Article V, Section 2. A. of the City Charter Page 1 of 4 Resolution No. 087-20-15527 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 1'HE CITY OF SOUTH NIIANII, FLORWA: Section I. A question shall be placed on the ballot for the Tuesday, November 3, 2020 election to submit to the qualified electors as set forth below. Section 2. Notice of such election shall be published in accordance with the election laws. Section 3. The result of such election shall be determined by a majority of the qualified electors of the City of South Miami voting upon the proposal at the November 3, 2020 national general elections. All qualified electors of the City of South Miami shall be entitled to vote at said election. The question shall appear on the ballot in substantially the following form: T=: Referendum Amending Article V, Section 2. A. of the City of South Miami Charter. BALLOT QUESTION: Should the City Charter be amended to change the month and day, when the City of South Miami holds its general elections, from February of each even year to the date of the national elections of each even year commencing in 2022 by amending Article V, Section 2. A., resulting in 9-month extension of current elected official's term and with the intention of increasing voter turnout and decreasing the cost of the general elections? YES NO Ballot Summary: The intent of this charter amendment is to change the current February election day to the same day as the national general election and to take effect in 2022 so that the City's usual general election in February of the year 2022 will take place in November of the year 2022 and would result in the current elected official's term in office to be extended by 9 months. Section 4. The form of the ballot shall be in accordance with the requirements of general election laws. Section 5. Early voting shall be conducted in accordance with the requirements of general election laws. Section b. Vote -by -mail ballot for used by qualified electors of the City of South Miami and the form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws. Page 2 of 4 Resolution No. 087-20-15527 Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws. Section 8. This election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami -Dade County Home Rule Charter. The City Manager or the manager's designee, the Finance Director, and the City Clerk are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. Section 9. If the ballot question is answered in the affirmative by the requisite number of voters, Subsection A of SECTION 2. titled "General Election" of Article V of the City Charter shall be amended as follows (the underlined text will be added to the existing Charter and the text with a line striking through the text will be deleted from the existing Charter): ARTICLE V SECTION 2. General Elections A. Time General elections for the Commission sly will be held dad" Febr-uaFy on the same day as the national general elections, commencing in 2022, and thereafter in of each even year, !be -day plaee nail Sim at which time the Mayor shall will be elected to a term of two years and two Commissioners shall will be elected to terms of four years. (See Art.11,Sec.2) Section 10. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 11. Severability. If any section clause, sentence, or phrase of this resolution 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 resolution. Section 12. Effective Date: This resolution shall become effective immediately upon adoption by vote of the City Commission and, if approved by the electorate, the amendment to the City Charter shall become effective ten (10) days following the date of the election held for its approval. PASSED AND ADOPTED this 211 day of July. 2020. ATTEST: Page 3 of 4 APPROVED: Resolution No. 087-20-15527 CITY C V RK READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY�.^-_ND CITY Page 4 of 4 -'MAYOR/ COMMISSION VOTE: 4-1 Mayor Philips: Yea Vice Mayor Welsh: Nay Commissioner Hams: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Agenda Item No:7. City Commission Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article V, SECTION 2, titled "General Elections" Subsection A titled "Time" to change the City's general election from February to the same time as the national elections in November. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Reso_Ballot_O_Election_Month_FebToNov-2020 4JI_3_.docx MDBR Ad.pdf Miami Herald Ad.pdf MIAMI DAILY BUSINESS REVIEW Published Daily ercepi Sxwrday Sunday and Legal Holidays Miami Miami-0ade Counly. Fonda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personalty appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily Business Review flue 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 - VIRTUAL MEETING OF THE CITY COMMISSION - JUL. 21. 2020 in the XXXX Court. was published in said newspaper in the issues of 07/10/2020 CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE CITY COMMISSION In accordance with City of South Miami Code, Chapter 286.011, Fla. Star. and Executive Order Number 20-69, the City will be holding his City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on iu� Ju1J21, 2020 at 7:00 p.m to considerthe following public hearing items: A Resolution relating to a Variance application to reduce the IRS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. Arrant further says that the said Miami Daily Business A Resolution relating to a Variance application to reduce the elementary, Review is a newspaper published at Miami. in said Miami -Dade middle or secondary school spacing requirement for a Pharmacy located County. Florida and that the said newspaper has heretofore at 6420 SW 62 Avenue. been continuously published in said Miami -Dade County, Florida A Resolution relating to a Variance application to allow a drive-in/drive- each day (except Saturday, Sunday and Legal Holidays) and through for a Pharmacy located at 6420 SW 62 Avenue. has been entered as sewnd class mail matter at the post office in Miami in said Miami -Dade County, Florida. for a period A Resolution relating to a Special Use application to permit a Pharmacy of one year next preceding the first publication of the attached at 6420 SW 62 Avenue. copy of advertisement; and Stuart further says that he or she A Resolution of the Ma or and City Commission for the City of South Miami has neither paid nor promised any person. firm or corporation any discount. rebate, commission or refund for me purpose of sewrrng this advertisement for pubiiwuon in the mid newspaper. �\ Swom to and subscribed before me this sa qay of Juyvy..D. 2020 (SEAL) GUILLERMO GARCIA personalty kn t to me 3 CHr,1ISTIIGi1L1SLY RAi/IX LLE�isaabaxsbaaaaaaa.u.sa+ n 4 GG 277771 VI!Mber 19,2022 ry Fae Immiloe e0355.)J15 Y Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development regulations less restrictive, throughout the City, from 5 to 4 votes. A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article V, SECTION 2, thled -General Elections' Subsection A. titled 'Time" to change the C'lty's general election from February to the same time as the natlowl_elections In November. An Ordinance related to the fee schedule; amending Ordinance 09-20.2363 to revise descriptive language, to add new fees, and to delete fees related to various progrems, rentals and memberships. An Ordinance establishing a moratorium on the payment of outdoor seating fees pursuant for both new and existing outdoor seating applications until a date certain. An Ordinance amending the City of South Miami Land Development Code, Article V, 0tied'PROCEDURES AND APPLICATIONS', Section. 20-5.16, filled 'Unity of title submittal antl procedures." 11 L v ► r� ��r�y G �Y �mi�©, An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, titled "PENSIONS", Article II, titled "CITY PENSION PLAN", Section. 16-20., titled "Board of Trustees." The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate by video conferencing through the Zoem platform and members of the public may join the meeting via Zoom at (ht,tps://zoom.us/j/3056636338) and participate. If you desire to Present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate In the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http_*Ilw%M-5oqtLtiamig.gov/580/Public-Meetin_qs-NOtices. Anyone he wishes to review pending application and supporting documentation in person must make an appointment by calling 305-663-6340. Please note that Governor DeSantis's Executive Order Number 2mg suspended the requirements of Section 166.045, Fla. Stat, that a quorum to be present in person, and that a local government body meet at a specific public Place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video wnfemncfng such as Zoom for meetings of local government bodies. Note that pursuanl to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-1600 FTY/iDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npaynefDsoulhmiamifl.gov. Neal A. Payne, CMC 7110 City Clerk 20-43r0000477704M SSE I NEIGHBORS I WM11HER .D.00M0 CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE CITY COMMISSION In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat. and Executive Order Number 2DE9, me City will be holding Its City Commission Meeting VIRTUALLY. The meeting is sabedl2lec to begin on Tuesday, duly 21. 2020 at 7.00 nm to consider the following Public hearing items: A Resolution relating to a Variance application to retluce the RS zoning district spacing requlremem for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to allow a drive4n/drive-through for a Pharmacy located at 6420 See fit Avenue. A Resolution relating to a Special Use application to permit a Pharmacy at 6420 SW 62 Avenue. A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national election, to amend the CRY Charter, Article 11, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development regulations less resnictfee, throughout the City, from S to 4 votes. A Resolution of the Mayor and Cry Commission for the City of South Miami, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article V, SECTION 2, titled "General Elections" Subsection A. titled "Time" to change the City'* general election from February to the same time as the national election. In November, An Ordinance related to the fee schedule; amending Ordinance 09-20-2363 to .We. descriptive ...b.,e, to add new fee., and to delete fee. related to various programs, rentals and memberships. An Ordinance establishing a moratorium on the payment of outdoor sealing fees pursuant for bath new and existing outdoor sealing applications until a data certain. An Ordinance amending the City of South Miami Land Development Cade, Article V, titled "PROCEDURES AND APPLICATIONS", Section. 20.5.16, offer! "Unity of title submittal and pmcdrdums." An Ordinance amending the City of South Miami Code of Ordinances. Chapter 16, tilled 'PENSIONS', Article II, filled 'CITY PENSION PLAN', Section. 16-20., titled "Board of Trustees.' The members of the Gty Commission, the applicant, the applicant's attorney and witnesses and City staff wff municipal. by video conferencing through the Zoom platform and members of the public ran John the meeting via Zoom at Mthusl/zoom usll/30566360381 and participate. It you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other oplions available Including a dedicated phone line to listen and parlidpate In the meeting and limited while attendance, all of which Is set forth in the meeting notice posted at City Hell and at Mto I'wsouthmiamill.cov/580/Public-MeetiNoticas. Anyone who were. to review pending application and supporting documentation In parson must make an appointment by caging 30i663.6340. neaac we M Gemnd peernm. ErtCWw a d., ..mEei 2049 ..b.nbed Ne reyu"bmbnh & EN.E.n 166.015, n.. shim a .room 1. Be w.em: m pd.. and mat . mc.l caw —nd spay men d a weary p„ bbc plat.. lbe Em�m.. o �a . awn; mod avwr—..t byel m none pwnmudv.xn. mama nm—B" a„vb By IN.Br. ern video cw'eniyq....Zmm Iw.,. Nloul.overwnanl.... Note malou ..... 1ld Fbrlda 61dul.e d.N.I.5, a «rb I.in.p &! amy deader mac by a Board. a.mc, w Commwon.1..u.e to any m.nn vonda,ed dir,.r�.pa.e"ma,..xsdd ue wv«edmm"+b be r.v,dme lor'I'd_P.. vd even:.rwn III r.aw.m lv w. b. . dr. v,dbd.. Erb..emvry one Nd.n.e"p." M.k"m"appeal 1. In ee b.wd .Nh io .al -non w e W". wavape ubr.vued an au.B., came yr eer...m...nd padawlema myp.va--.,aem. ywvwnL yw mud.. b, eeuwbc s.m. 3 bus—d.ve mlw. m._1e Indr 11'. m. days M. mad aae our repo..t b M Cry flak by bruphne: 30 S722468 61wt01 d 305­14T 1000 nTYn ern er by m&B d su3 N n_.... eoeh W., nod. 01 anab a: np.vneaavummumlll..v.. Nkenga A. Payne, CMC City Clark MUSEUMS Frost Science Museum's new exhibit now open, and it's permanent By CONME OGLE ryirpwundlrnaM.mm This is a tough sununer. Restaurants in Miami -Dade are limited to outdoor din- ing amid the COWL-19 epidemic, and movie thea- ters and other entertain- ment venues are closed. But if you're looking for kid -friendly entertainment in a place with no humidity and nary a mosquito, Frost Science Museum has you covered. The Phillip and Patricia Frost Museum of Science in Miami opened its new permanent exhibit last weekend. Titled "Power of Science" and the first new permanent exhibit since the museum opened three years ago, the exhibit dis- plays the potential of sci- ence using new technology, completely transforming the Ocean Gallery space on the museum's ground floor. Also, there is air condi- tioning. Do you need to know more? Yea? OK: Developed in a partnership with the Uni- versity of Miami, "Power of Science" offers interactive exhibits and rare speci- mens in few areas: Our Oceans, Our Environment, Our Bodies and Ow Uni- verse. Speaking of oceans, giant grouper scans can have a blast at the museum, too. Here are some of the other exhibits on display: "Worlds Beyond Earth": The new Frost Planetarium show opens today and is narrated by Oscar winner Lupita Nyong'o. ... Wn9Y bM 4ery, 'SHARKS: On Assignment with Brian Skerry' open at Museum through August 9. BENCE Win Nalbnd Gecycht Cola aca A green -crowned brilliant hummingbird and a green pit viper look eye to eye. The snake hangs delicately from a branch as the hummingbird hover midair in attack. The showdown captures an eternal dance between predator and prey. "Rarely Seen": The new National Geographic photo show rune through Sept. 7. "GoUah Grouper Aquarium ExhibfY": Learn about a really big fish — really big and the role it plays in Florida's ecosys- tem. "Sharks: On Assign- ment with Brian Storey": More National Geographic photos from award -winning photographer Brian Skerry (through Aug. 9). SDlar'.System StBe- yorl Check out the musennl 6 north wing for this journey through the solar system. Yeah, we kinda wish we were out there right about now, too. For admission to mu- seum, you must have a reservation and ticket for a specific time. PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE Where: 1101 Biscayne Blvd., Miami Hours: 9:30 a.m.-6 p.m. "Power of Science" exhibit opens: Friday Admission: S22 for adults and children 3 and up; kids under 2 and mem- bers free. Most reserve a ticket online at hops://www.fmstscience.org/ planNovrdlay/ Connie Ogtc 305-376-3649, @C&Corl