Ord No 28-22-2449ORDINANCE NO. 28-22-2449
An Ordinance amending the City of South Miami, Florida, Code of
Ordinances, Chapter 2, Article I, Section. 2-2.1 regarding rules of procedure
of City Commission to conform to the November 8, 2022, Charter referendum
concerning the number of required Commission meetings.
WHEREAS, there are times when there is not sufficient business to be conducted at a City
Commission meeting to warrant the expense of having two meetings per month; and
WHEREAS, there are times over the summer and winter when Commission members will
not be able to schedule a vacation because the City Code of Ordinances requires two Commission
meetings each month; and
WHEREAS, the City Commissioners submitted a ballot question to the electorate for a
Charter amendment that gave the City Commission and City Manager more flexibility in
scheduling meeting by amending Article II, Section 5, Subsection C to reduce the number of
required meetings each month from two to one during certain times of the year; and
WHEREAS, the electorate, on November 8, 2022, approved the Charter amendment,
giving the City Commission the authority to change the Commission rules and to reduce the
number of meetings during certain months; and
WHEREAS, the City desires to amend Section 2-2.1 of the Code of Ordinances to conform
with the November 8, 2022 Charter amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 2 -ADMINISTRATION AND CITY GOVERNMENT, Article I. -IN
GENERAL, Section 2-2.1. titled "Rules of Procedure of City Commission", of the Code of
Ordinances, City of South Miami, Florida, is hereby amended and shall read as follows:
Sec. 2-2.1. -Rules of Procedure of City Commission.
The following rules of procedure shall govern all meetings of the city commission, namely:
(a) Regular meeting. The commission shall meet regularly at such times and places as may
be prescribed by its rules which may be changed by resolution but not less frequently
than twice each month generally and once each month during the period from
November I through January 31 and June I through August 31. When the day set for
any regular meeting falls on a day designated by law as a legal, public national or
religious holiday, such meeting shall be held, the next day unless the date is determined
Page 1 of2
O rd. No . 2 8-22-244 9
in adva nce by a maj or ity of th e commi ssion. Regu la r mee tings may be oth erw ise
postp o ned , can cell ed, o r reset by reso lutio n adopte d at a regul a r o r spec ia l meeting by
a maj o ri ty o f th e e nt ir e me mb e rs hip o f th e co mmi ss ion. A ll regul a r me etin gs s ha ll
ty picall y be held in th e commi ssio n chambe rs loca ted in th e c ity ha ll. o meeting o f
th e c it y co mmi ss io n s ha ll ex tend late r th a n 11 :00 p.m., exce pt up o n s uper-m aj orit y
fo ur-fifth s (4/s) vote of membe rs prese nt at th e meeting a nd s uc h meetin g ex te ns io ns
s ha ll not exceed midn ight. Any a nd a ll it e ms not co ns id ere d by thi s lim itati on tim e
pe ri od w ill be d e fe rred to th e nex t regul a rl y sc heduled co mmi ss io n me e ting.
* * *
Section 3 . Corrections. Co n fo rmin g lang uage or techn ical scr ivener-ty pe co rrect ions may
be mad e by th e C ity A tto rn ey for a ny co nformin g a me ndm e nt s to be in corp orated into th e fin a l
o rdinance fo r s ig nature .
Section 4. Ord inances in C onflict. A ll o rdin a nce s o r pa rt s o fordinan ces and all sec ti o ns
a nd part s o f secti ons o f o rdin a nces in direct confli ct he rewith a re he re by re pea led .
Section 5. Codifi cation. Th e prov isions of thi s ordinan ce w ill beco me and be mad e a pa rt
of th e Code of Ordin a nce s of th e C it y of So uth Miami as ame nded.
Section 6 . Severabili ty. If any secti on, cla use, se nte nce, or phrase o f th is o rdin a nc e is fo r
a ny rea so n he ld in valid o r un co ns tituti ona l by a court of co m pe ten t j uri sdi cti on, thi s ho ld ing w ill
no t affect th e va l idit y of the rema ini ng porti ons of thi s ordin a nce.
S ection 7. E ffecti ve Date. T hi s ordin a nce is effect ive upo n e nac tm e nt.
P ASS ED A N D ENACT E D thi s 2 0th day of Dece mb e r, 202 2.
ATTEST:
c ~~~
I st Readin g -12/6/2022
2nd Readin g -12/2 0/2022
R EA D AN D A PPR OVE D AS TO FO RM,
LANGUAGE. LEGA LIT Y, AND EX,ECUTI::;~ Z ~
Page 2 of2
~ MAYO R
COMM ISS ION VO TE:
Ma yo r Fe rn a ndez :
V ice Mayo r Bo ni ch :
Co mmi ss io ne r Li ebm a n:
Co m m iss io ner Corey:
Co m m iss io ner Ca ll e:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:14.
City Commission Agenda Item Report
Meeting Date: December 20, 2022
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami, Florida, Code of Ordinances, Chapter 2, Article I, Section.
2-2.1 regarding rules of procedure of City Commission to conform to the November 8, 2022, Charter
referendum concerning the number of required Commission meetings. 3/5 (City Attorney)
Suggested Action:
Attachments:
Ord_amending_Sec_2-2.1_Conform_to_Charter_Amendment_2022.docx
MDBR Ad.pdf
MH Ad.pdf
1
4
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned au thority perso nally appeared
GUILLERMO GARCIA , who on oath says that he or she is th e
DIRECTOR OF OPERATIONS , Leg al Notices of the Miami Daily
Business Re vi ew f/k/a Miami Review , a da il y (except
Saturday , Sunday and Lega l Holidays) newspaper,
publ ished al Miami in Miami-Dade County, Florid a; that th e
attached copy of advertisement , be ing a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS -DEC . 20 , 2022
in the XXXX Court ,
was published in said newspaper by print in the issues of
and/or by publication on the newspaper's website , if
authorized, on
12/09/2022
Affian\ fu rthe r says that the newspaper complies with all
legal require ments for publication in chapter 50, Flori da
Sta tute s.
Swor and subscribed before me this
9 day of DECEMBER , A.D. 2022
GU ILL ERMO GARCIA persona lly known to me
,../~-~Y.~~---ROSANA SALGADO t_;(&)~} Commission # HH 336987
·-~~,:;,·;1i.o.~~_.. Expires November 30 2026 ....... , .
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 admin istrative staff, and pursuant City of South Miam i 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 Meeti ng live in chambers and VIRTUALLY
through communicat ions med ia technology (CMl) until the state of emergency
has ended or social distancing is no longer requ ired 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 (htt s:/ zoom.usr/3056636338 and participate.
At a minimum, at least three members of the City Commission will be
physical ly present in the City Commission Chambers 1 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 .
5
Ci+'/ of Sol)-\-v\ Miam\
Public Heav,ngs
The meeting is scheduled to begin on Tuesda December 20 2 ....fil
7:00 .m. to consider the following public hearing item(s):
A Resolution by the Mayor and City Commissioners of the
City of South Miami authorizing the Mayor to negotiate and
execute a multi-year emplo~ent contract with the City Manager
In substantially the attached form.
A Resolution authorizing the City Manager to enter into a
multi-year lease agreement for City copiers onto a piggyback
agreement with OMNIA Partners, a purchasing cooperative:
A Resolution authorizing the City Manager to purchase and
enter into a multi-year maintenance and service agreement with
ADS Technology for the South Miami Par1clng Garage security
system.
Resolution relating to a Flnal Plat application ..to....Q!lo w.._a
replat of a 0.954-acre property, comprised of three contiguous,
vacant parcels bound by SW 64th Terrace to the north and
SW 61st Court to the west of the three parcels, and as legally
described herein.
An Ordinance amending the City of South Miami, Florida,
Code of Ordinances, Chapter 2, Article I, Section. 2-2.1 regarding
rules of procedure of City Commission to conform to the
November 8, 2022, Charter referendum concerning the number
of required Commission meetings.
An Ordinance amending the C i ty of South Miami Code of
Ordinances, Chapter 2, Article Ill, and repealing Section 2-26.7 -
Commercial Development Board and amending Section 2-26.
10 and converting the Par1clng Board Into the "Hometown
District Advisory Board."
An Ordinance of the City of South Miami, Florida, abandoning
the north 5 feet of the right of way described as the South 10
feet of Lot 37 W. A. Larkins Subdivision as recorded at Plat
Book 3 at Page 198 of the public records of Miami-Dade
County, Florida.
If you d esi re 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.sout mia 'fl. ov/580/Public-Meetin s-Noti ces.
Anyon e who wishes to rev iew pend ing application, supporting documen ta tion
or who desi re to have documents made available for viewing by everyone
during th e mee ting must contact the City Clerk by calling 305-663-6340 .
Note tha pu uant to Florida Statutes 286.0105, a person who decides-to
appeal any decis ion made by a Board , Agency or Commiss ion with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for sai d appeal and such person will be required to have a
verbatim transcript of the proceedings Inc lu ding 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 re-
quest 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.
NkengaA. Payne, CMG, FCRM
City Clerk
1 The minimum standards for adopting a ll:Solution or enacting an ordinance
are set forth in 166.041(4) ... A majority ol the members of the governing
body shall constitute a quorum . An affirmativa vote of a maprity of a quorum
present is necessary to enact any ord inance or adopt any resolution . •-
12/9 22-57l0000635324M
SUNDAY DECEMBER 11 2022 NEIGHBORS ...................................................................................................19SE
6
MIAMI-~ C o m m u n i t y C o u. n c i I I cmmmiiiil' B o a rd Va c a n c I e s I
Several Community Councils are
accepting applications for
appointments to the
following subareas:
Community Council 2
(Northeast)
Subarea-23
Subarea-24
Subarea-26
Community Council 5
(Country Club of Miami)
Subarea-53
Community Council 7
(Biscayne Shores)
Subarea -71(a)
Subarea -71(b)
Subarea -72(a)
Subarea -72(b)
Subarea -73(a)
Subarea -73(b)
Community Council 8
(North Central)
Subarea-81
Subarea -85
Subarea -At-Large
Community Council 10
(Westchester)
Subarea -101
Subarea -103
Subarea -105
Community Council 11
(West Kendall)
Subarea -112
Subarea -113
Subarea -115
Subarea -116
Subarea -At-Large
Community Council 12
(Kendall)
Subarea -124
Community Council 14
(Red land)
Subarea -141
Community Council 15
(South Bay)
Subarea -155
Subarea -156
Community Council 16
(Fisher Island)
Subarea -161-(b)
Subarea-161-(f)
Applicants must be registered voters and reside within the
physical boundaries of the Council area for at least six (6)
months prior to appointment, and for at least three (3) years
as a resident elector of Miami-Dade County. An appointment
to the vacancy will expire upon the certification of the 2024
primary election.
For more information, interested candidates should
contact the Zoning Agenda Coordinator's Office of
the Miami-Dade County Department of Regulatory and
Economic Resources (RER) at 305-375-1244.
Candidates will be required to submit a copy of their
voter registration card, photo ID and an updated resume
to the Zoning Agenda Coordinator's Office at Stephen
P. Clark Center, 111 NW 1st Street, 11th Floor, Miami,
Florida 33128.
Miami-Dade County employees are not eligible.
For legal ads online, go to~
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, December 20, 2022, at 7:00 p.m. to
consider the following public hearing item(s):
A Resolution by the Mayor and City Commissioners of the City of South Miami
authorizing the Mayor to negotiate and execute a multi-year employment contract
with the City Manager in substantially the attached form.
A Resolution authorizing the City Manager to enter into a multi-year lease
agreement for City copiers onto a piggyback agreement with OMNIA Partners, a
purchasing cooperative.
A Resolution authorizing the City Manager to purchase and enter Into a multi-year
maintenance and service agreement with ADS Technology for the South Miami
Parking Garage security system.
A Resolution relating to a Final Plat application to allow a replat of a
0.954-acre property, comprised of three contiguous, vacant parcels bound by SW
64th Terrace to the north and SW 61 st Court to the west of the three parcels, and
as legally described herein.
An Ordinance amending the City of South Miami, Florida, Code of Ordinances,
Chapter 2, Article I, Section. 2-2.1 regarding rules of procedure of City Commission
to conform to the November 8, 2022, Charter referendum concerning the number
of required Commission meetings.
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2,
Article Ill, and repealing Section 2-26.7 -Commercial Development Board and
amending Section 2-26.10 and converting the Parking Board into the "Hometown
District Advisory Board."
An Ordinance of the City of South Miami, Florida, abandoning the north 5 feet
of the right of way described as the South 10 feet of Lot 37 W. A. Larkins
Subdivision as recorded at Plat Book 3 at Page 198 of the public records of
Miami-Dade County, Florida.
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
'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 constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to
enact any ordinance or adopt any resolution.•--