Res No 087-22-15840RESOLUTION NO. 087-22-15840
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.
WHEREAS, currently the City Charter requires five out of five votes to make land use
and development regulations less restrictive in all areas of the City other than in the City's
Commercial Core; and
WHEREAS, due to the current Charter voting requirements that requires five out of five
votes to change land use and development regulations to make them less restrictive, a super
majority of the City Commission (4 out of 5), representing a super majority of the electorate,
could be blocked by one member of the City Commission; and
WHEREAS, the City Charter's use of the phrase "less restrictive" in Article II,
section 6D( 1) has proven to be confusing, ambiguous, and problematic for the City's
administration of its land use and land development regulations as well as for residents
and property owners within the City.
WHEREAS, a simple majority of three out of five City Commission members can enact
a land use or development regulation that is more restrictive, but once the change has occurred,
the current Charter would require five votes to make that legislation less restrictive in those
areas other than the Commercial Core; and
WHEREAS, the City Commission desires to have a ballot question to amend the City
Charter, Article II, SECTION 6, subsection D Voting Procedure, to determine whether a majority
of the electorate desires to reduce the number of votes of the City Commission, when making land
use and development regulations less restrictive, throughout the entire City, from five votes to
four votes.
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
Page 1 of 3
Res. No. 087-22-15840
form:
TITLE: Establishment of a supermajority Commission voting requirement for less
restrictive Citywide land use/development regulations.
BALLOT QUESTION
Shall City Charter Article II, section 6.D. l. (Requiring unanimous voting for land
use and development regulations in areas other than the Commercial Core of the
City) be amended to enable the City Commission to make Citywide land use and
development regulations less restrictive by a supermajority (Four out of Five) vote.
YES __
NO __
Section 4. The fonn 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, paragraph I of Subsection D of SECTION 6. titled "Ordinances" of
Article II of the City Charter shal I be amended as follows:
I.Requirements for Adoption. All resolutions or ordinances shall be adopted by
no less than three affirmative votes of the City Commission.
Except as otherwise provided in this Charter, four affirmative votes of the City
Page 2 of 3
Res. No. 087-22-1584 0
Commission sha ll be required in the following instances:
To issue b o nd s or borrow money
To grant, r e new or ame nd any lea se o r franchises
To transfer titl e t o property
To appropr iate o r expend non-budgeted funds
To approve an i nitiatory ordina nce purs uant to Article V
To ame nd land use and deve lopme nt regu latio ns to make them less restr ictive -m
the City's Commerc ia l Core which is defined as the area encompassed by the
fo ll owin g roadways: from the point of beginning at SW 62nd Avenue and US I ,
t hen no rth 011 S\V 62nd Avenue to SW 69th Street, then east to SW 59th Place,
then north to SW 68th Street, then east to SW 57th Avenue, the n south to
SW.74th Street, then west to SW 61 st Avenue ,-t-hen west to US I , then southwest
o n US I to the point of beginning.
Except as othe rw ise pro v ided in thi s Cha1te r, five affirmative votes of t he City
Co mmi ss io n sha ll be required to approve the actions indicated be low :
To amend land use and development regulat ions in a ny manner to make them
less restrictive in all areas of the C ity , other than in the City's Commercial Core,
as defined above .
To issue bonds or borrow money in excess of fi ve percent of th e ci ty 's cutTent
operatin g budget.
Section 10 . Corrections. Confo rmin g language or technica l scri vener-type co rrect ions
may be made by the C ity Attorney for any co nfo1ming amendments to be incorporated into th e
fin a l reso luti o n for signature.
Section 11. Severability. If any section c lause, se ntence , o r phrase of thi s resolution is
for any reason held in valid or uncon stitutional by a court of compe tent jurisdicti on, the ho ldin g
w ill not affect the va li d ity of the rema in in g port io ns of th is resolution.
Section 12. Effective Date. This resolut ion w il l become effect ive immedia tely upon
adopt io n.
PASSED AND ADOPTED this 19th day of :!.!!!y, 2022 .
ATTEST:
c~\~~
READ AND AP PROVED AS TO FORM ,
LANGUAGE , LEGALITY , AND EXECU TIO;;;Af
~w
COMM ISSION VOTE:
Ma yor Phil ip s:
Comm iss ioner Harris:
Commiss io ner G il :
Commissioner Liebman:
Commiss ioner Corey :
Page 3 of 3
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: July 19, 2022
Submitted by: Thomas Pepe
Submitting Department: City Attorney
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 II, Section 6D, to change
the voting requirements for less restrictive Citywide land use and development regulations to a supermajority
vote. 3/5 (Commissioner Liebman)
Suggested Action:
Attachments:
Ballot_Q._re_Voting_req._CityWideLiebman_2022_CAver3.docx
MDBR Ad.pdf
MH Ad.pdf
1
6
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Befo re the undersigned authority personally appeared
GU ILLE RMO GARCIA , who on oath says that he or she is th e
DI RECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, a dally (excep t
Sa\UH~a'f, Sunday and Lega l Holidays) newspaper ,
published al Miami in Miami-Dade County , Florida ; that the
attached copy or advertisement , being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI· PUBLIC HEARINGS -JUL. 19 , 2022
in the XXXX Court ,
was published i n said newspaper by prin t in the issues of
and/or by publication on the newspaper's website , If
au thorized , on
07/08/2022
Affiant further says that the newspaper complies with all
legal re quiremen ts for publication in chapter 50 , Florida
GUILLERMO GARCIA personally known to me
l~'<t!'X~\ CHRISTINALYNNBAVIX . i/ 6\,1 Commission Ii GG 277771
';;;-~-:;_.; Expires November 19, 2022
'•·~~?,r,;?~··· Bonded Thru TIO)' Fain Insurance 800-38$-1019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City o f South Miami to function and
conduct vital business d!Jring 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 eme rgency due to the Coronavirus, the
City will be hol d ing its City Commission Meeting live in chambers and
VIRTUALLY thro ugh communications media technology (GMT) 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 1he Comm ission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. July 19, 2022. at 7:00 p.m. to
cons ide r 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 seekinA 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
t empor1!!)' te e Mayor due to a permanent, or extended t emporary
a se nc 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, Nalional 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 ofnces 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, BS and B6 regarding filling vacancies in the
City Commission.
7
(SOL \C\\ZJJU... l
A Resolution of the City of South Mlaml, Florida, to place a question on
the November 8th, 2022, National election ba0ot 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 certificat ion of official results.
A Resolution of the City of South Miami, Florida, to place a question on
the November 8th, 2022, National elec1ion ballot seeking voter approval of
an ameooment to the City's Charter, Article V, Section 4. Runoff 8ections.
A Resolution of the City of South Miami, Flortda, to place a question on
the November 8th, 2022, National election ballot seeking voter
approval of an amendment to the City'!! Charter, Subsection C of
SECTION 5. tilled "Mee tings ' of Article II to -reduce the number of
required meetings each month from two to one.
1 The 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 conslilute a quorum. An affinnative vole 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 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, lo 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, lo 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 includi ng a dedicated phone
line to listen and participate in the mealing and limited public attendance,
all of which Is set forth in the meeting notice pasled at City Hall and at
http://www.southmlamifl , ov 580 u llc-Mee!ln 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 to Florida Statutes 286.0105, a person who dec ides 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
upo,:i which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or tc
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 Jhe 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@southmlamlfl.gov.
7/8
Nkenga A. Payne, CMC, FCRM
City Clerk
22-125/OOO06O754OM
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.”
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