Res No 063-21-15683RESOLUTION NO. 063-21-15683
A Resolution of the Mayor and City Commission of the City of South Miami
supporting amendments to Miami -Dade County's Code, Section 2-1 and
County Rule 5.05 relating to the procedure for publishing and distributing a
municipality's position on a County board or committee agenda item and to
provide greater exposure of the municipality's position.
WHEREAS, the Rules of Procedure for the Miami -Dade County Board of County
Commissioners (the "MDC Board") are codified in section 2-1 of the Code of Miami -Dade
County; and
WHEREAS, rule 5.06(f) provides that "[a]ny proposed county ordinances that would
directly affect the jurisdiction or the duties of municipalities or their officers, or any proposed
ordinances that may have a direct fiscal impact upon municipal governments in Miami -Dade
County, shall be scheduled for second reading no sooner than six (6) weeks after its passage on
first reading"; and
WHERAS, rule 5.06(f) further provides that "[a]t least four (4) weeks prior to the
scheduled public hearing, the County [Mayor] is directed to mail or e-mail a copy of the
proposed ordinance to each city clerk, city attorney, city manager and the Executive Director of
the Miami- Dade League of Cities, Inc.," and such notification "shall include the date of the
scheduled public hearing and shall state that the proposed ordinance may have an impact upon
municipalities"; and
WHEREAS, accordingly, pursuant to the notification required by rule 5.06(f),
municipalities often become aware of ordinances pending before the MDC Board that may
directly affect them; and
WHEREAS, in addition to such ordinances, municipalities often have an interest in other
agenda items pending before the MDC Board and wish to take a position on such items and
convey that position to the MDC Board by adopting a municipal resolution or ordinance and
sending it to the Clerk of the Board; and
WHEREAS, it is important that members of the MDC Board are made aware when
municipalities take a position on pending agenda items; and
WHEREAS, however, some municipalities meet only once a month and need time to
meet and discuss to take a position; and
WHEREAS, some municipalities do not have the ability to follow Miami -Dade County's
items and therefore may miss the opportunity to be heard at Miami -Dade County committee
meetings, and may wish to convey their position to the Clerk of Board afterwards to be
presented to the full Board; and
Pagel of 3
Res. No. 063-21-1 5683
WHEREAS, rule 5.05 provides procedures and requirements relating to the MDC Board's
agenda, including the order of business and other requirements relating to Board meetings; and
WHEREAS, the Miami -Dade County Board of County Commissioners have expressed a
desire to amend Rule 5.05 to require that, under certain circumstances, when a municipality
adopts a resolution or ordinance taking a position on an agenda item pending before the Board
or a committee of the Board, then the Clerk of the Board shall distribute the municipal
resolution or ordinance to Board or committee members and shall announce receipt of it at the
Board or Board committee meeting at which the item appears on the agenda; and
WHEREAS, the County's ordinance to amend its procedural rules passed on its first
reading on June 2, 2021; and
WHEREAS, the Mayor and Commission wish to support the enactment the ordinance
during the second reading, tentatively scheduled for September 1, 2021.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The Mayor and Commissioners of the City of South Miami support the
amendment to Section 2-1 of the Miami Dade County Code of Ordinances relating to the rules
of procedure and the revision to Rule 5.05 of the Board of County Commissioners Rules to
provide that when a municipality adopts a resolution or ordinance taking a position on an
agenda item of the Board of County Commissioners or of a committee of the Board and the
municipal resolution or ordinance is sent to and received by the clerk of the Board of County
Commissioners (Clerk of the Board), then such municipal resolution or ordinance shall be
distributed by the Clerk of the Board to the members of the Board or committee and be
announced as having been received by the Clerk of the Board at the Board or committee
meeting at which the item appears on the agenda.
Section 3. the City Clerk is directed to transmit a copy of this Resolution to the Miami -
Dade County Board of County Commissioners.
Section 4. 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 S. Severability. If any section clause, sentence, or phrase of this resolution is for
Page 2 of 3
Res. No. 063-21-15683
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will
not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution will become effective immediately upon
enactment.
PASSED AND ADOPTED this 15th day of June, 2021.
AT1TEEST: n, &
V W
CITY CL K
READ AND APPROVED AS TO FORM,
LANGUAGE, L,6GQLITY, AND,,,
APPROVED:
MAYOR
COMMISSION VOTE: §-0
Mayor Philips: Yea
Commissioner Corey: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 3 of 3
Agenda item No:2.
City Commission Agenda Item Report
Meeting Date: June 15, 2021
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami supporting amendments to
Miami -Dade County's Code, Section 2-1 and County Rule 5.05 relating to the procedure for publishing and
distributing a municipality's position on a County board or committee agenda item and to provide greater
exposure of the municipality's position. 3/5 (Mayor Philips, Commissioner Liebman & Commissioner Gil)
Suggested Action:
Attachments:
Reso Expressing SouthMiami Support for MDC Ord. re Procedure re City CommentsCArev.doc
MDC 211306- Official Municipal Position.pdf
TO:
FROM:
MEMORANDUM
Honorable Chairman Jose "Pepe" Diaz
and Members, Board of County Commissioners
Geri Bonzon-Keenan
County Attorney
Agenda Item No. 4(E)
DATE: June 2, 2021
SUBJECT: Ordinance relating to the Rules
of Procedure of the Board of
County Commissioners;
amending section 2-1 of the
Code; revising rule 5.05 of the
Board's rules; providing that
when a municipality adopts a
resolution or ordinance taking a
position on a Board or committee
agenda item and the municipal
resolution or ordinance is sent
to, and received by, the Clerk of
the Board, then such municipal
resolution or ordinance shall
be distributed by the Clerk to
Board members; providing
that the Clerk of the Board
shall also announce receipt
of the municipal resolution
or ordinance at the Board or
committee meeting at which
the item appears on the agenda
under certain circumstances
The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Raquel A. Regalado.
GBK/smm
na
Geri Bonzon-Keenan
County Attorney
5
(Revised)
TO: Honorable Chairman Jose "Pepe" Diaz
and Members, Board of County Commissioners
FROM: onion -Keenan
County Attorney
Please note any items checked.
DATE: June 2, 2021
SUBJECT: Agenda Item No. 4(E)
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's
present _, 2/3 membership _, 3/5's _, unanimous _, CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) _, CDMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) _, or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) __J to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
E
Approved Mayor
Veto
Override
ORDINANCE NO.
Agenda Item No. 4(E)
6-2-21
ORDINANCE RELATING TO THE RULES OF PROCEDURE
OF THE BOARD OF COUNTY COMMISSIONERS;
AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA; REVISING RULE 5.05 OF THE BOARD'S
RULES; PROVIDING THAT WHEN A MUNICIPALITY
ADOPTS A RESOLUTION OR ORDINANCE TAKING A
POSITION ON A BOARD OR COMMITTEE AGENDA ITEM
AND THE MUNICIPAL RESOLUTION OR ORDINANCE IS
SENT TO, AND RECEIVED BY, THE CLERK OF THE BOARD,
THEN SUCH MUNICIPAL RESOLUTION OR ORDINANCE
SHALL BE DISTRIBUTED BY THE CLERK TO BOARD
MEMBERS; PROVIDING THAT THE CLERK OF THE BOARD
SHALL ALSO ANNOUNCE RECEIPT OF THE MUNICIPAL
RESOLUTION OR ORDINANCE AT THE BOARD OR
COMMITTEE MEETING AT WHICH THE ITEM APPEARS ON
THE AGENDA UNDER CERTAIN CIRCUMSTANCES;
PROVIDING SEVERABILITY, INCLUSION IN THE CODE,
AND AN EFFECTIVE DATE
WHEREAS, the Board's Rules of Procedure are codified in section 2-1 of the Code of
Miami -Dade County; and
WHEREAS, rule 5.06(f) provides that "[a]ny proposed county ordinances that would
directly affect the jurisdiction or the duties of municipalities or their officers, or any proposed
ordinances that may have a direct fiscal impact upon municipal governments in Miami -Dade
County, shall be scheduled for second reading no sooner than six (6) weeks after its passage on
first reading"; and
WHEREAS, rule 5.06(f) further provides that "[a]t least four (4) weeks prior to the
scheduled public hearing, the County [Mayor] is directed to mail or e-mail a copy of the proposed
ordinance to each city clerk, city attorney, city manager and the Executive Director of the Miami -
Dade League of Cities, Inc.," and such notification "shall include the date of the scheduled public
hearing and shall state that the proposed ordinance may have an impact upon municipalities"; and
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Agenda Item No. 4(E)
Page 2
WHEREAS, accordingly, pursuant to the notification required by rule 5.06(f),
municipalities often become aware of ordinances pending before the Board that may directly affect
them; and
WHEREAS, in addition to such ordinances, municipalities often have an interest in other
agenda items pending before the Board and wish to take a position on such items and convey that
position to the Board by adopting a municipal resolution or ordinance and sending it to the Clerk
of the Board; and
WHEREAS, it is important that members of the Board are made aware when
municipalities take a position on pending agenda items; and
WHEREAS, however, some municipalities meet only once a month and need time to meet
and discuss to take a position; and
WHEREAS, some municipalities do not have the ability to follow Miami -Dade County's
items and therefore may miss the opportunity to be heard at Miami -Dade County committee
meetings, and may wish to convey their position to the Clerk of Board afterwards to be presented
to the full Board; and
WHEREAS, rule 5.05 provides procedures and requirements relating to the Board's
agenda, including the order of business and other requirements relating to Board meetings; and
WHEREAS, the Board wishes to amend this rule to require that, under certain
circumstances, when a municipality adopts a resolution or ordinance taking a position on an agenda
item pending before the Board or a committee of the Board, then the Clerk of the Board shall
distribute the municipal resolution or ordinance to Board members and shall announce receipt of
it at the Board or Board committee meeting at which the item appears on the agenda,
4 8
Agenda Item No. 4(E)
Page 3
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1 of the Code of Miami -Dade County, Florida, is hereby amended
to read as follows: I
Sec. 2-1. Rules of Procedure of County Commission.
PART 5. CONDUCT OF MEETINGS; AGENDA
Rule 5.05 AGENDA
» MUNICIPAL POSITIONS ON AGENDA ITEMS.
(D When a municipals , adopts a resolution or ordinance
taking a position on an agenda item pendingbefore
efore
the County Commission or a Commission committee
and clearly identifies such item by Legistar number
or agenda item number, and that municipal resolution
or ordinance is e-mailed or mailed to, and received
by, the Clerk of the Board at least 24 hours prior to
the start of the County Commission or Commission
committee meeting at which the subject item appears
on the agenda, then the Clerk of the Board shall
distribute the municipal resolution or ordinance by e-
mail to each County Commissioner and the County
Marprior to the start of the meeting and shall make
an announcement as provided in subparagraph (2)
below.
' Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
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Agenda Item No. 4(E)
Page 4
Whenever the Clerk of the Board is in receipt of a
municipal resolution or ordinance taking_a position on
an agenda item pending before the County
Commission or a Commission committee pursuant to
subparagraph (1) above, the Clerk of the Board shall
make an announcement at the County Commission or
Commission committee meeting at which the relevant
item appears on the agenda, in the followingform:
orm:
"The Clerk of the Board has received a
municipal jresolution/ordinance] from
jmunicipality name] taking a position on
LLegistar number/agenda item number]. The
municipal jresolution/ordinance) has been
distributed to each County Commissioner
and the County Mayor."
Once such announcement has been made at a County
Commission or Commission committee meeting, the
Clerk of the Board shall not be required to make any
additional announcement at any subsequent County
Commission or Commission committee meetings at
which the subiect item appears on the a eg nda.<<
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
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Agenda Item No. 4(E)
Page 5
Section 4. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override
by this Board.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
James Eddie Kirtley
Prime Sponsor: Commissioner Raquel A. Regalado
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