Res No 086-22-15839RESOLUTION NO. 086-22-15839
A Resolution of the City of South Miami, Florida, to place a question on
the November 8 th , 2022, National election ballot seeking voter approval of
an amendment to the City's Charter, Article V, Section 5. C. to clarify that
the installation of elected officials is the next business day following the
certification of official results.
WHEREAS, currently City Charter Article V, and Section 5. C. Installation states: At
8:00 P.M. on the day following any City election in the City of South Miami, the Commission
shall meet in special session for the sole purpose ofreceiving the certified report of the Canvassing
Committee and thereupon the installing officer, selected by the duly elected incoming Mayor,
shall install the newly elected Mayor and Commission members after they shall have taken the
prescribed oath of office; and
WHEREAS, in a General Election, certification deadline is by 12:00 pm on the 12 th day
after a general election per FS I 02.112(2); and
WHEREAS, the City Charter Article V, and Section 5. C. requires installation of elected
Commission member on the day following the election, but it also requires that the installation
take place after the election results have been certified; and
WHEREAS, the certification of the official election results, including vote-by-mail and
provisional ballots are generally completed on the Friday after an election by Miami-Dade
Elections Department and the Canvassing Board; and
WHEREAS, the City Commissioners desire to have a ballot question submitted to the
electorate for a Charter amendment that will amend City Charter Article V, and Section 5. C. to
require that the installation of elected officials be on a business day following the certification of
official election results.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. A question shall be placed on the ballot for the November 8, 2022, general
election to submit a ballot question to the qualified electors as set forth below.
Section 2. Notice of such election will be published in accordance with the election laws.
Section 3. The result of such election will be determined by a majority of the qualified
electors of the City of South Miami voting upon the referendum at the November 8, 2022, general
election. All qualified electors of the City of South Miami are entitled to vote at said election. The
question will appear on the ballot in substantially the following form:
TITLE: Establishing that installation of elected officials is 6 pm the
business day following election certification.
Page 1 of 3
Res. No. 086-22-15839
BALLOT QUESTION
Shall City Charter Article V, and Section 5. C. be amended to correct a conflict in the
procedure for installation of elected officials by changing the date, and time, from 8 p.m.
the day after the election to 6 p.m. on the business day following the certification of
election results.
YES_
NO_
Section 4. The form of the ballot will be in accordance with the requirements of general
election laws.
Section 5. Early voting will be conducted in accordance with the requirements of general
election laws.
Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South
Miami for voting on this question. The form of such ballot will be in accordance with the
requirements prescribed by general election laws.
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 ballot question will 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, the City Attorney, 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. In addition, the City Clerk may mail a copy of this resolution to all of the persons who
are registered to vote in the election.
Section 9. If the ballot question is answered in the affirmative by the requisite number of
voters, Article V, and Section 5. C. of the City Charter shall be amended as follows:
C. Installation At 86:00 p.m. on the day that is a normal business day following the
certification of any City election in the City of South Miami, the Commission shall meet
in special session for the sole purpose of receiving the certified report of the Canvassing
Committee and thereupon the installing officer, selected by the duly elected incoming
Mayor, shall install the newly elected Mayor and Commission members after they shall
have taken the prescribed oath of office.
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
will not affect the validity of the remaining portions of this resolution.
Page 2 of 3
Re s. No. 086 -22 -1 58 39
Section 12 . Effective Date. This resolution will become effective immediately upon
adoption .
PASSED A D ADOPTED this 19 th day of J!!!y_, 2022.
ATTEST:
0 ~~
C ITYERK ·t
READ A D APPROVED AS TO FORM ,
LA GUAGE , LEGALITY, A D
EXECUT JO:~
ZRNEY
APPROVED: •
~ ~·
4v~ ~
COMMISSIO VOTE:
Mayor Philips:
Commissioner Harris:
Commissioner Gil:
Commissioner Liebman:
Commissioner Corey:
3-2
Yea
Yea
Yea
ay
ay
Page 3 of 3
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: July 19, 2022
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the City of South Miami, Florida, to place a question on the November 8th, 2022, National
election ballot seeking voter approval of an amendment to the City's Charter, Article V, Section 5. C. to clarify
that the installation of elected officials is the next business day following the certification of official results. 3/5
(City Clerk)
Suggested Action:
Attachments:
Ballot_Q._City_Clerk_Installation_of_Elected_Officers-2022.docx
MDBR Ad.pdf
MH Ad.pdf
1
5
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Befo re the undersigned authority personally appeared
GU ILLE RMO GARCIA , who on oath says tha t he or she is the
DIRECTOR OF OPERATIONS , Lega l Notices or the Miami Daily
Business Review f/k/a Miami Rev iew, a daily (excep t
Sa\uroay, Sunday and Lega l Holidays) newspaper ,
published at Miami in Miami-Dade County, Florida : that the
attached copy or advertisement, being a Legal Adverti sement
of Notice in the matter of
CITY OF SOUTH MIAMI-PUBLIC HEARINGS -JUL. 19, 2022
in the XXXX Court.
was publi shed in said newspaper by pri nt in the issues of
and/or by pub lication on the news paper's website , if
authorized , on
07/08/2022
Affi ant further says that the newspaper comp lies with all
le ga l for publication In chapter 50 , Florid a
8
GU ILLERMO GARCIA personally known to me
i'~~!-'-~-,_ CHRISTINALYNNBAVIX . i/ A'\.1 Comml!,slon Ii GG 277771
•~-~-:;_.; Expires November 19, 2022 ·-.~~?,~~~-·· Bonded Thru Troy Fain 1n1urance 80(),38$.7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and
conduct vital business dJJring the COVID 19 pandemic and, at the same
time, t9 protect the health, safety and welfare of its citizens, officers,
officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City
Manager's dec laration of a state of emergency due to the Coronavlrus, the
City will be holding Its City Commission Meeting live in chambers and
VIRTUALLY through communications media technology (CMl) until the
state of emergency has ended or social distancing Is no longer required by
any relevant Executive Orders. All Commission members will participate in
Chambers or by video conferencing through the Zoom platform and members of
the public may join the meeting via Zoom at (https://zoom.us/j/3056636338)
and participate. At a minimum, at least three members of the City
Commission will be physically present in the City Commission Chambers1
and they will be broadcast on the Zoom platform along with all other
members of the Commission, City Staff and the public who may attend
remotely from the Commission Chambers and from other locations.
The meeting is schedu led to begin on Tuesday. July 19, 2022. at 7:00 p.m. to
consider the following public hearing item(s):
A Resolution of the City of South Miami, Florida, to place a question
on the November 8th, 2022, National election ballot seeking voter
approval of an amendment to the City's Charter, Article II , SECTION
2, to authorize a majority of the City Commission to appoint a
tempor,ID' Vice Mayor due to a permanent, or extended temporary
a sence in office, until a new Vice Mayor is elected or until th1;1 Vice
Mayor returns from an extended absence.
A Resolution of the City of South Miami, Florida, to place a
question on the November 8th, 2022, National election ballot seeking
voter approval of an amendment to the City's Charter, Article IV,
Subsection 2, Subsection F regarding transfer of funds between
City offices and departments.
A Resolution of the City of South Miami, Florida, to place a
question on the November 8th, 2022, National election ~allot seeking
voter approval of an amendment to the City's Charter, Article II, Section 4.
Vacancies, 81, 82, 85 and 86 regarding filling vacancies in the
City Commission.
6
A Resolution of the City of South Miami , Florida , to place a question on
the November 8th, 2022, National election baflot seeking voter
approval of an amendment to the City's Charter, Article V, Section
5. C. to clarify that the installation of elected officials is the next
business day following 1he certificat ion of official results .
A Resolution of the City of South Mlaml, Florida, to place a question on
the November 8th, 2022 , National election ballot seeking voter approval of
an amendment to the City's Charter, Article V, Section 4. Runoff Bections.
A Resolution of the City of South Miami, Florida, to place a question on
the November 8th, 2022, National election ballot seeking voter
approva l of an amendment to the City's Charter, Subsection C of
SECTION 5. titled "Meetings ' of Article II to-reduce the number of
required meetings each month from two to one.
1 The minimum standards for adoptlng a resolution or enacting an
ordinance are set forth in 166.041 (4) m A majority of the members ohhe
governing body shall constitute a quorum. An affirmative vote of a majority of a
quorum present is necessary to enact any ordinance or adopt any resolution. ·"
A Resolution of the City of South Miami , Florida, to place a question on
the November 8th, 2022, National election ballot seeking voter
approval of an amendment to the City's Ctiarter, SECTION 2 titled
'General Elections ' paragraph A. to increase the City Mayor's term in
office from two years to four years.
A Resolution of the City of South Miami , Florida, to place a question on
the November 8th, 2022, National election ballot seeking voter
approval of an amendment to the City's Charter, Article II, Section
60, to change the voting requirements for less restrictive Citywide
land use and development regulations to a supermajority vote.
If you desire to present evidence or you are unable to use Zoom, there are
procedures lo follow and olher options available including a dedicated phone
line to list.en and participate in the meeting and limited public attendance,
all of which Is set forth in the meeting notice pasted at City Hall and at
ti ://www.southmiamlfl , ov 580 u llc -Meetln s-Notices. Anyone who
wishes to review pending application. supporting documentation or who
desire to have documents made available for viewing by everyone during
the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant lo 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 ttie proceedings
will be required for said appeal and sucti person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
Upo(l wh ich Ih a appeal is to be based .
ADA: To request a modification to a policy, practice or procedure or tc
request an auxlliaiy 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: 305-663-6340, by mail at 6130 Sunset Drive,
South MiamL Florida or email at npayne@southmiamlfl.gov.
7/8
Nkenga A. Payne, CMC, FORM
City Clerk
22-125/0000607540M
SUNDAY JULY 10 2022 NEIGHBORS ...................................................................................................15SE
three weeks apart and the
third shot at least eight
weeks after the second
dose, according to the
FDA.
Moderna’s COVID vac
cine for kids ages 6 months
to 5 years requires two
doses given a month apart.
Some kids in this age group
who are immunocompro
mised can also get a third
shot at least one month
after the second dose.
WILL SCHOOLS
REQUIRE THE COVID
VACCINE IN FLORIDA?
While Florida requires
kids to get certain vaccines
for school, the COVID19
vaccine is optional.
WHERE CAN I GET MY
BABY OR TODDLER
VACCINATED?
Parents interested in
getting their child vaccinat
ed should first speak with
their child’s pediatrician to
see if they plan to offer the
shots. Some children’s
hospitals like Nicklaus
Children’s near South Mia
mi are offering the vac
cines.
If you’re looking for a
nearby health center, the
Florida Association of
Community Health Centers
has an online locator
(https://fachc.mem
berclicks.net/) you can use
to find a center by address,
ZIP Code, center name or
by county. Another option
is to use the nationwide
health center online locator
(finda
healthcenter.hrsa.gov)
that’s available through the
Health Resources and Serv
ices Administration. This
locator will let you search
for a center anywhere in
the United States. Keep in
mind that you’ll have to
call and ask if the center is
offering the pediatric vac
cine.
Another option is to
enter your ZIP code at
vaccines.gov to find a
nearby site that has the
vaccines in stock.
Some retail pharmacies
offering the shots to kids
as young as 3 in select
stores across Florida in
clude Walgreens, Walmart,
WinnDixie and Fresco y
Más. Appointments can be
made online.
CVS Health, which owns
traditional CVS stores,
CVS y mas and Navarro
Discount Pharmacies is
offering the shots to kids
as young as 18 months at
its MinuteClinic locations.
Appointments can be made
online.
WHAT ABOUT PUBLIX?
While the Lakeland
based supermarket does
offer COVID19 vaccines
for kids 5 and older at
select stores across Flor
ida, it is not planning to
vaccinate kids under 5 “at
this time.”
7
.-9 PUBLIC NOTICE
Miami-Da de County De partment of Parks,
Recreation an d Op en Sp aces (PR OS)
PUBLI C MEETIN G
The Miami-Dade County Parks, Recreation and Open Spaces department
cordially invite area residents and visitors to attend a public meeting on
enhancements to Wilbur B. Bell Park. Please join us by attending the meeting
listed below and learn about new enhancements coming to Wilbur B.
Bell Park.
WILBUR B. BELL PARK ENHANCEMENTS
Tuesday, July 19, 2022 • 6:00 p.m.
Wilbur B. Bell Park Recreation Center
10301 SW 172nd Street
Miami, FL 33157
For more information on this event or if you are not able to attend the
meeting, please contact Carlos Lopez, Park Planner 2,
Miami-Dade County Parks, Recreation and Open Spaces Department
by phone at 305-755-7987 or by email at Carlos.Lopez6@miamidade.gov.
To obtain this information in accessible format, please call the Miami-Dade
Parks ADA Coordinator at 305-755-7848 or send an email to
Gisel.Prado@miamidade.gov.
For legal ads online, go to http://legalads.miamidade.gov
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital business during
the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens,
officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011,
Fla . Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency
due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and
VIRTUALLY through communications media technology (CMT) until the state of emergency has ended
or social distancing is no longer required by any relevant Executive Orders. All Commission members
will participate in Chambers or by video conferencing through the Zoom platform and members
of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At.
a minimum, at least three members of the City Commission will be physically present in the City
Commission Chambers' and they will be broadcast on the Zoom platform along with all other
members of the Commission, City Staff and the public who may attend remotely from the Commission
Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. July 19. 2022. at 7:00 p.m. to consider the
following public hearing item(s):
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Article II,
SECTION 2, to authorize a majority of the City Commission to appoint a temporary Vice Mayor due
to a permanent, or extended temporary absence in office, until a new Vice Mayor is elected or until
the Vice Mayor returns from an extended absence.
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Article IV,
Subsection 2, Subsection F regarding transfer of funds between City offices and departments.
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Article
II, Section 4 . Vacancies, B1, B2, B5 and B6 regarding filling vacancies in the City Commission .
A Resolution of the City of South Miami, Florida, to place a question on the November 81", 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Article V,
Section 5. C . to clarify that the installation of elected officials is the next business day following
the certification of official results .
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Article V,
Section 4 . Runoff Elections.
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Subsection
C of SECTION 5. titled "Meetings" of Article II to-reduce the number of required meetings each
month from two to one.
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, SECTION 2
titled "General Elections" paragraph A. to increase the City Mayor's term in office from two years
to four years .
A Resolution of the City of South Miami, Florida, to place a question on the November 8th , 2022,
National election ballot seeking voter approval of an amendment to the City's Charter, Article
II, Section 6D, to change the voting requirements for less restrictive Citywide land use and
development regulations to a supermajority vote.
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://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending
application, supporting documentation or who desire to have documents made available for viewing
by everyone during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant 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: 305-663-6340, by mail at 6130 Sunset
Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
1The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ***A majority of the
members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact
any ordinance or adopt any resolution.***