Res No 089-22-15842RESOLUTION NO. 089-22-15842
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.
WHEREAS, Article IV, Subsection 2, Subsection F governs all modifications to the
approved fiscal year budget. It provides as follows:
Modifications (1) Transfer of Appropriation. At the request of the City Manager, the
Commission may at any time transfer, by resolution, any unencumbered appropriation
balance or portion thereof between general classification of expenditure within an
office or department. At the request of the City Manager and within the last three
months of the budget year, the Commission may, by resolution, transfer any
unencumbered appropriation balance or portion thereof from one office or
department to another. [Emphasis added]
WHEREAS, an "appropriation" as used in the City Charter is a law created by the City
that provides a department with budget authority, allowing departments to incur obligations
and to make payments from the City's coffers for specified purposes. The budget ensures that
if the City decides to make an expenditure in any one fiscal year, that there will be money
available. However, there is nothing in the budget that guarantees that the expense to which
funds are allocated will ever be paid, unless the funds are specifically encumbered to pay a
specific expense; and
WHEREAS, from the standpoint of the City's budget and transfers from one line item to
another, there is no meaningful financial distinction between transfers within a "Department"
or within an "Office" or between "Departments" and "Offices". Therefore, for the purposes of
analyzing the merits of the proposed amendment to Subsection F, "Offices" and
"Departments" will both be referred to as "Departments"; and
WHEREAS, the proposed amendment does not change the Charter requirement that all
transfers of budgeted appropriations always require City Commission approval at a public
meeting; and
WHEREAS, the Charter allows transfers of unencumbered funds between
"Departments" and it allows transfers from one general classification to another within a
"Department". However, there is no rational basis for distinguishing between transfers within
Departments or between Departments; and
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Res. No. 089-22-15842
WHEREAS, the City's chief Financial Officer has found that limiting the transfer of
unencumbered appropriation balance to the last three months of a fiscal year simply because
the transfer is between "Departments", as opposed to being done within the "Department"
does not provide any financial benefit or protection to the City and merely impedes the best
interest of the City and makes the financial administration of the City more difficult. In any
event, these transfers, like transfers within the "Department", will continue to be approved by
the City Commission at a public meeting; and.
WHEREAS, the City's finances will remain transparent even with the deletion of the last
sentence of Subsection F since the remaining language continues to require that all transfers
from one appropriation to another is done by formal written resolution that must be approved
at a public meeting; and
WHEREAS, the City Commission desires to have the ballot question, set forth in Section
3 below, for the November 8, 2022 general election to determine whether the electorate
approve of the proposed amendment.
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: Authorizing City Offices and Departments internal fund transfers throughout
the Fiscal year with Commission approval.
BALLOT QUESTION
Shall City Charter Article IV, Subsection 2, Subsection F be amended to allow internal
fund transfer of appropriations between City offices and departments (currently
restricted to the last three months of the fiscal year) throughout the Fiscal year with
Commission approval.
YES __
NO __
Page 2 of 4
Res. No. 089-22-15842
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 IV, Subsection 2, Subsection F will be amended as follows:
Modifications (1) Transfer of Appropriation. At the request of the City Manager, the
Commission may at any time transfer, by resolution, any unencumbered appropriation
balance or portion thereof between general classification of expenditure within an
office or department-: At the req1:1est ef the City MaRager aRa withiR the last three
moRths of the e1:1aget year, the CommissioR may, ey resol1:1tioR, traRsfer aR'J'
1:1ReRc1:1meereel appropriatieR ealaRce er portioR thereof or from one office or
department to another.
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.
Section 12. Effective Date. This resolution will become effective immediately upon
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Res. No. 089-22-15842
adoption.
PASSED AND ADOPTED this 19t h d ay of~' 2022.
APPROVED:
~~~-/MAYOR ~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND
Z;J#
COMMISSION VOTE:
Mayor Philips:
Commissioner Harri s:
Commissioner Gil:
Commissioner Liebman:
Commissioner Corey:
Pa ge 4 of 4
3-2
Yea
Yea
Yea
Nay
Nay
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: July 19, 2022
Submitted by: Thomas Pepe
Submitting Department: Finance Department
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 IV, Subsection 2,
Subsection F regarding transfer of funds between City offices and departments. 3/5 (City Manager)
Suggested Action:
Attachments:
Ballot_Q._Finance_re_Transfer_of_Funds_2022.rtf
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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