Ord No 26-24-2511ORDINANCE NO. 26-24-2511
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTION 2-26.8, "BUDGET AND
FINANCE COMMITTEE" OF THE CITY CODE OF
ORDINANCES TO REVISE THE PURPOSES OF THE
COMMITTEE TO ADD ADVICE AND
RECOMMENDATIONS ON BOND FINANCING AND
PROJECTS AND TO REVISE THE TERM OF MEMBERS;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami ("City") finds it
periodically necessary to amend its Code of Ordinances ("Code") to update regulations and
procedures to maintain consistency with state law, implement municipal goals and objectives,
clarify regulations, and address specific issues and needs that may arise; and
WHEREAS, the City has established the Budget and Finance Committee (the
"Committee") pursuant to Section 2-26.8. of the Code; and
WHEREAS, Section 2-26.8.(b) currently provides the Committee's purposes and tasks in
providing advice and recommendations to the City Commission; and \
WHEREAS, the City Commission wishes to amend Section 2-26.8.(b) to provide that the
Committee shall also provide advice and recommendations to the City Commission on financing
utilizing general obligation and other revenue bonds, and projects to be funded by such bonds;
and
WHEREAS, the City Commission also wishes to revise the term of members of the
Committee to provide for longer terms of three (3) fiscal years, or until a successor is appointed,
to ensure continuity; and
WHEREAS, the City Commission considered the ordinance on October 15, 2024, and
approved the ordinance on first reading; and
WHEREAS, on December 10,2024, the City Commission conducted a duly noticed public
hearing as required by law and approved the ordinance on second reading; and
Page 1 of3
Ord . No . 26-24-2511
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AL"I D CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: I
Section 1. Recitals. Th e a bove -state d re c ita ls are tru e and correct and are incorporated
here in by thi s refe re nce.
Section 2. Section 2-26.8. of Chapter 2, "Administration and City Government",
of the City Code. Section 2-26.8. of Chapte r 2, "Admini stra t ion and City Government", of t he
C ity Code of Ordinances, is he reb y a m e nd e d to rea d as follows:
CHAPTER 2. -ADMIN ISTRATION AND CITY GOVERNMENT
* * *
ARTICLE m. -BOARDS AND COMMITTEES
* * *
Sec. 2-26.8. -Budget and F inance C ommittee
* * *
(b) Purpo se. The purpo se of t he co mmittee is to provide advice and recommendation s to
the city commission rega rding the adoption a nd impl ementation of financially so und
alUllIa l budgets and inv estm ent po li cies. To acco mpli sh thi s purpose, the committee is
charged with re v iew ing a nd eva luatin g th e draft propos ed budget, the city's in vestments,
emp loyee pen s ion and other retir eme nt acco unt s examining ways to preserve ex isting re ve nu e
so urc es and explorin g additional funding so urces; g iv in g advice to the city commi ss ion on
proj ected earnings of in vest me nts a nd des irabl e or necess ary further in vestments, revenu e,
expenditures and strateg ic pl a nnin g (w hich in c lud es ana lyz ing existing service leve ls and
de terminin g s uffi c ie ncy and appropriateness), a nd . The 68A'lA'littee 51lall al58 rev iew th e
annual co mpre h ens ive audit rep o rt. T he committee sha ll rev iew all projects to be funded or
parti a ll y fund ed with ge nera l o bligati on bo nd s iss ued b y th e city and make recomme ndation s
to the city co mmi ss ion w ith rega rd to such proj ec ts. including the rea so nableness of sco pe.
des ign , co nstructi o n cost. and proj ecte d operation and maintenance cos ts of s u ch
impro ve ments.
(c) Membership, lerms . Members of th e co mmittee shall be appointed as set forth in th e
C ity C har te r. The c it y co mmi ss io n shall attempt to includ e representati ves of th e loca l
bu s in ess co mmunity, res id e nt s, and accounting and finance experts , in the m e mb e rs hip of the
committee. The initi a l a pp o intm e nt s to the committee s hall beg in on th e d a te of th e fir st city
commiss io n m eet in g of th e new fi sc al yea r a nd s hall sunset at IAe end after a pe riod of three
QLef-.tIIe fi sca l year(s). or until a s uccesso r is appointed . w hi c he ve r occurs fir st.
I Codi ng: St ril;:et hr8l:1g h W8 Ff1 S arc d e le tion s 10 th e ex istin g word s. Und e rlin e d wo rd s ar e additions to th e ex is tin g
words. Chan ges be twee n fir s t and seco nd readi ng arc indi cated w ith d B lIbl~ s tril:~lhrettglt and do..uble unde.riulc. and
are hi ghli g ht ed in grey. Mod i fica ti ons made at seco nd rea din g arc shad ed in :clark gr~.
Pa ge 2 o f3
Ord. No. 26-24-2511
Appointments to fill any vacancy on the committee will be for one (I) year the remainder of
the term or until replaced. Appointees to the committee shall be exempt from term limits as
set forth in section 2-22. The city manager or designee may serve as an ex officio member of
the committee and the clerk shall send notices to the city commissioners in September of each
year requesting their nominations for the committee.
* * *
Section 3. Corrections. Conforn1ing language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
Section 4. Severabilitv. If any section, clause, sentence, or phrase of this Ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Conflicts. That all ordinances or parts of ordinances , resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict. .
Section 6. Implementation. That the City Manager and City Attorney are authorized
to take any and all actions necessary to implement this Ordinance.
Section 7.
adoption.
Effective Date. This Ordinance shall become effective immediately upon
PASSED on first reading on the 15'h day of October, 2024.
PASSED AND ADOPTED on second reading on the 10'h day of December, 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE , LEGALITY AND
EXECUTION THEREOF
~ANCOLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
~
COMMISSION VOTE: 5-0
Mayor Fernandez: Yea
Vice Mayor Corey: Yea
Commissioner Calle: Yea
Commissioner Bonich: Yea
Commissioner Rodriguez: Yea
Page 3 of3
Agenda Item No:16.
City Commission Agenda Item Report
Meeting Date: December 10, 2024
Submitted by: Lillian Arango
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 2-26.8, “BUDGET AND FINANCE COMMITTEE” OF THE CITY CODE OF
ORDINANCES TO REVISE THE PURPOSES OF THE COMMITTEE TO ADD ADVICE AND
RECOMMENDATIONS ON BOND FINANCING AND PROJECTS AND TO REVISE THE TERM OF
MEMBERS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN
EFFECTIVE DATE. 3/5 (MAYOR FERNÁNDEZ)
Suggested Action:
Attachments:
CC_Memo_-_Ordinance_Amending_Budget___Finance_Committee_Purposes_and_Term (2).docx
Ordinance_Budget___Finance_Committee_-_SR.docx
BUSINESS IMPACT ESTIMATE.pdf
Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:December 10, 2024 City Commission Meeting
SUBJECT:ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2-26.8, “BUDGET
AND FINANCE COMMITTEE” OF THE CITY CODE OF ORDINANCES
TO REVISE THE PURPOSES OF THE COMMITTEE TO ADD ADVICE
AND RECOMMENDATIONS ON BOND FINANCING AND PROJECTS
AND TO REVISE THE TERM OF MEMBERS; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE.
The accompanying Ordinance was prepared and placed on the agenda at the
request of Mayor Fernandez.
2
Exhibit “A”
BUSINESS IMPACT ESTIMATE 1
Title of Proposed Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 2-26.8, “BUDGET AND
FINANCE COMMITTEE” OF THE CITY CODE OF ORDINANCES TO REVISE
THE PURPOSES OF THE COMMITTEE TO ADD ADVICE AND
RECOMMENDATIONS ON BOND FINANCING AND PROJECTS AND TO
REVISE THE TERM OF MEMBERS; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
The proposed ordinance provides the Budget and Finance Committee with additional responsibilities to include
advising and recommending to the City Commission on financing utilizing general obligation and other revenue
bonds, and projects to be funded by such bonds; and revising the term of members of the Committee to provide
for longer terms of three (3) fiscal years, or until a successor is appointed, to ensure continuity .
The proposed ordinance furthers public health, safety, and welfare by helping provide financial oversight to public
funds.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
The proposed ordinance would $0 direct compliance costs to businesses if the ordinance is enacted.
b. New Charges/Fees on Businesses Impacted:
The proposed ordinance does not impose a new fee or charge for which businesses will be financially
responsible.
c. Estimate of Regulatory Costs:
The proposed ordinance changes do not present foreseeable or anticipated cost in regulatory expenses.
Good Faith Estimate of Number of Businesses Likely Impacted:
The estimated number of businesses likely to be impacted by the ordinance is estimated to be 0
Any Additional Information:
None
1 This Business Impact Estimate is provided to comply with the requirements of Section 166.041(4), Florida
Statutes. Please note that this Business Impact Estimate may be revised following its initial posting as new
information or feedback becomes available.
Meeting Date: October 15, 2024 Agenda Item No.
6
Exhibit “A”
Applicable Exemptions2:
This Business Impact Estimate is not required for ordinances that fall under the following exemptions:
☐ The proposed ordinance is required for compliance with Federal or State law or regulation.
☐ The proposed ordinance relates to the issuance or refinancing of debt.
☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including
revenue sources necessary to fund the budget.
☐ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the
municipal government.
☐ The proposed ordinance is an emergency ordinance.
☐ The proposed ordinance relates to procurement.
☐ The proposed ordinance is enacted to implement the following:
☐ Development orders and development permits, as those terms are defined in s. 163.3164,
and development agreements, as authorized by the Florida Local Government Development
Agreement Act under ss. 163.3220-163.3243;
☐ Comprehensive plan amendments and land development regulation amendments initiated
by an application by a private party other than the municipality;
☐ Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;
☐ Section 553.73, Florida Statutes, relating to the Florida Building Code; or
☐ Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code
Prepared By:
Name: Alfredo Riverol
Title: Chief Financial Officer
Date: October 8, 2024
Posted on City’s Website:
Date of Posting: ____________
2 If one or more boxes are checked under this section, it indicates that the City has determined that a
business impact estimate is not required by state law for the proposed ordinance, but the City is providing
the business impact estimate as a courtesy.
7
4A .............................................................................................MIAMI HERALD FRIDAY NOVEMBER 29 2024
places at the same time.
Delcy said Wednesday
that the two months and 14
days that Gauthier and the
others spent under arrest
shows that “Haiti is a coun-
try with a lot of injustice,
where the people who know
the law,studied the law,
decided to deliberately
violate the law and the
rights of four people in this
country.”
From the outset,the
police and the judiciary
could have simply verified
that the day Colo was killed
Gauthier “was in Antony
Blinken’s motorcade,with a
lot of other policemen,”
Delcy said.
He accused several offi-
cials,including the police
director,the police inspec-
tor general,the government
prosecutor and former
justice minister,of being
complicit in having Gauth-
ier arrested.Gauthier was
arrested after the U.S.Em-
bassy was alerted about the
blatant killing not far from
its premises.Embassy offi-
cials responded by telling
the Haitian police force to
do its job.
Instead,Delcy said au-
thorities arrested his client
in an attempt to frame him
for what investigators say
was a police operation.
They “held the commis-
sioner in prison on the
pretext that the U.S.Em-
bassy and the Department
of State gave orders to hold
the commissioner in pri-
son,”Delcy said,echoing
comments that were repeat-
edly heard from Haitian
officials when commenting
about the case.
Salomon,the investiga-
tive judge,gave his recom-
mendation to free Gauthier
and the others a week ago.
But Croix-des-Bouquets
prosecutor Carl Giovanni
Aubourg,who had the men
jailed,dragged the process
out,forcing a visit from a
human-rights defender
followed by several phone
calls.
“Today he is free and ...
is waiting to go back to
work to continue to protect
and serve the population
just how he has been doing
for more than 25 years,”
Delcy said of Gauthier,who
is among several cops who
had their homes taken over
by armed gangs.
This is not the first high-
profile case involving al-
leged extrajudicial police
killings.Last week,the
French medical charity
Médecins Sans Frontières,
also known as Doctors
Without Borders,suspend-
ed operations in the capital,
citing police threats and
attacks after an alleged
execution of two of its pa-
tients by police and a vigi-
lante group.Neither the
police nor the government
has made any public state-
ments about the allega-
tions.
The investigation into
Colo’s killing has raised
serious concerns about how
the police force,under new
command as it tries to fight
a new wave of gang vio-
lence,investigates and
treats its own officers and
carries out investigations.It
has also raised questions
about corruption in the
judiciary and a possible
police cover-up,with sup-
porters of Gauthier insisting
he was the target of person-
al vendettas.
“Justice has triumphed
over arbitrariness.The
arrest was badly done and
there was abuse,”said
Pierre Esperance,executive
director of the National
Human Rights Defense
Network in Port-au-Prince.
“These types of things
cannot continue.If the first
response is to arrest and
humiliate police officers,
especially those involved in
the fight against gangs ...,it
will discourage police offi-
cers.”
The case attracted the
attention of Tabarre resi-
dents,who protested
Gauthier’s arrest,and hu-
man-rights groups con-
cerned about abuse within
the Haiti National Police.
Marie Yolene Gilles,an
activist who follows police
issues closely,paid a visit to
the Canape-Vert prison,
where she met with Gauth-
ier and other jailed police
officers.Esperance,mean-
while,assigned one of his
staff to stay on top of
Gauthier’s case,including
tracking down the prose-
cutor on Tuesday and
Wednesday to sign court
documents after the release
was ordered.
If not for this assistance,
Esperance said,“Gauthier
and the others would still
be in prison.”
Gauthier’s release does
not end the case.However,
when an investigative judge
orders a prisoner released,
it often signals that the
judge will eventually decide
not to bring charges be-
cause the evidence gath-
ered during the judge’s
inquiry did not meet the
burden of proof.
Several sources told the
Herald that Colo,who was
known as Bouki,was the
subject of a year-long police
investigation due to his
involvement in drug traf-
ficking and his ties to Vitel-
’homme Innocent,the
powerful gang leader who is
the subject of a $2 million
FBI bounty.
Police investigators made
no mention of the alleged
connection in their 16-page
investigative report,which
was obtained by the Herald.
They say four armed,hood-
ed individuals,dressed in
black,shot Colo in the head
and injured a woman near-
by after jumping out of a
green Isuzu pick-up truck
bearing the inscription
“POLICE”in yellow.
The operation,they said,
was an extrajudicial police
killing,and claimed the
truck belonged to Gauthier.
Jacqueline Charles:
305-376-2616,
@jacquiecharles
FROM PAGE 1A
HAITI
JOSE A.IGLESIAS jiglesias@miamiherald.com,file
Livenston Gauthier,left,speaks to Roger Lamartinière,the
then-head of the Croix-des-Bouquets police station.
Gauthier was jailed for more than two months.‘Today he is
free and ...is waiting to go back to work to continue to
protect and serve the population just how he has been
doing for more than 25 years,’his lawyer said.
‘‘JUSTICE HAS TRIUMPHED OVER
ARBITRARINESS.THE ARREST WAS
BADLY DONE AND THERE WAS ABUSE.
P ierre Esperance,executive director of the National
Human Rights Defense Network in Port-au-Prince
contempt and go to jail?I
asked you a f---ing ques-
tion,a--hole,”Culver
said.The commission
found that Culver also
failed to allow Newton his
right to be heard.
The commission found
that in each case Culver
violated aspects of Flor-
ida’s judicial canon in-
cluding:He did not es-
tablish,maintain and en-
force the highest standards
of conduct;he did not
promote judicial confi-
dence in the integrity and
impartiality of the judi-
ciary;and he was not faith-
ful to the law,patient,
dignified and courteous.”
The Supreme Court
agreed he violated the
canons and that Culver’s
conduct toward Newton
was so unacceptable and
damaging to public opin-
ion that he could have
been a candidate for re-
moval from the bench.
However,the commission
said it had received “over-
whelming”mitigating
evidence.
Several figures from the
18th Circuit Court testified
to Culver’s character.They
included State Attorney
Phil Archer,Chief Judge
Charles Crawford,ex-Chief
Judge Jessica Recksiedler
and Seminole County chief
assistant public defender
James Dowdy.
Culver told the commis-
sion his behavior arose
from the stress of being his
ailing father’s primary
caregiver.He has been
seeing a psychologist since
April 2022 and has taken
an anger-management
course.
He has apologized to
other judges on the 18th
Circuit for his conduct
and any potential embar-
rassment to the judiciary
and told the commission
even he was shocked by
his profanity.He ac-
knowledged that mem-
bers of the public were
rightly appalled,accord-
ing to records from both
the commission and the
Supreme Court.
FROM PAGE 3A
JUDGE
2015 alleging it was trying
to coerce Florida into
expanding Medicaid.
The Tampa-based at-
torney is now Trump’s
pick to serve as U.S.at-
torney general after his
first choice,Matt Gaetz,
removed himself from
contention.
The repeal of the Affor-
dable Care Act or the end
of subsidies would likely
hit many Floridians hard,
Darius said.
The insurance plans
protect the state’s resi-
dents from medical debt
and the program’s infra-
structure,with federal
money paying for naviga-
tors who help residents
find the best plan,tries to
steer people away from
enrolling in overly expen-
sive plans that won’t
cover their needs.
“The argument we’ve
been hearing is how ex-
pensive everything is,”he
said.“The last thing we
want to do is pour gasoline
on that particular fire.”
An increase in the
state’s uninsured level
would further strain the
resources of hospitals in
Florida’s rural areas and
put their viability at risk,
Darius said.Those hospi-
tals already operate on
virtually no profit,in part,
because Florida remains
one of 10 states not to
expand access to Med-
icaid to more low-income
residents.
Three rural hospitals —
Shands Regional Medical
Center Live Oak,Shands
Regional Medical Center
Starke and Shands Lake
Shore Regional Medical
Center in Lake City —
have closed since 2020.
FROM PAGE 3A
HEALTH
8