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05-05-09 Item 141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL AN UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, on April 12, 2009, Jay Beckman passed away, thus creating a vacancy in the I ffice of Commissioner for Group IV for an un- expired term ending February 9, 2010; and WHEREAS, Article 11 Section 4 B. 2 of the City of South Miami Charter provides that in the event a vacancy occurs more than nine months prior to the next general election, the Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a special election being held not less than 30 days nor more than 60 days after the vacancy exists; and WHEREAS, the Charter provides that no person who has forfeited an office on the Commission shall be qualified to run for office to fill the vacancy created by the forfeiture; and WHEREAS, the City Commission wishes to schedule a Special Election for the purpose of electing a Commissioner for Group IV for an un- expired term ending February 9, 2010, to be held Tuesday, June 9, 2009; and WHEREAS, the Charter requires the City Commission of the City of South Miami to schedule the day, place and time of the special election by ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City of South Miami will hold a Special Election to be held on Tuesday, June 9, 2009 to elect (1) Commissioner to serve an un- expired term created by a vacancy in Group IV, ending February 9, 2010. Section 2. The qualifying period for this election shall open Wednesday, May 6, 2009, ending Tuesday, May 12, 2009, and the hours will be from 9:00 a.m. to 5:00 p.m. sharp. Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. Section 3. Voting shall be conducted at City Hall in the City Commission Chamber, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m., and close precisely at 7:00 p.m. Additions shown by underlining and deletions shown by eve. g. /4 aa, � ,� �: ��d . � K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 4. The official ballot for the 2009 special election is annexed to this ordinance. Section 5. The election books shall close May 11, 2009. Section 6. The City Clerk shall publish notice of such special election on the fifth and the third week preceding the special election in a newspaper of general circulation in South Miami. The notice shall contain the date, time, and place of the special election and identify the Commission Group. Section 7. This Special Election shall be canvassed by the Miami -Dade County Supervisor of Elections, or his/her designee. Section 8. 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 9. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 10. This ordinance shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Additions shown by underlining and deletions shown by ever g. I ELECTION BALLOT 2 3 CITY OF SOUTH MIAMI GENERAL ELECTION 4 5 June 9, 2009 6 7 8 9 COMMISSIONER RACE — GROUP IV 10 11 There is hereby elected a Commissioner for the City of South Miami from Group IV to serve for 12 an unexpired term ending February 9, 2010. Vote for one (1) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 The polls will be opened on Tuesday, June 9, 2009 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission 31 Chambers, 6130 Sunset Drive, South Miami, FL. 32 33 34 35 36 37 38 39 40 41 42 43 W:\My Documents \Elections 2009 \ordinance 2009 Special Election 4.09.doc Additions shown by underlining and deletions shown by e.,°.g. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attaGYied , Cup r o, adv4rtiseiFleiit, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MAY 5, 2009 in the XXXX Court, was published in said newspaper in the issues of 04/24/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me 24 day of APRIL , A.D. 2009 (SEAL) V. PEREZ personally known to me 7o-j -� -• Notary Public State of Florida r- lu;1ti +l ! i. MflsTrler i�Ry ✓omrriss un pD793490 Giles 07/1812012 � =y • - IMGORVUKAIfG 7 4127 Y .. � fiLO1tY0 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, May 5, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Second Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OFi CANDIDATES; PROVIDING FOR CLOSE OF ELECTION; BOOKS; APPROVING .THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY,'. ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, AMENDING CHAPTER 12, ENTITLED "HEALTH AND SANITATION" SECTIONS 12 -8.3. THROUGH 12 -8.4 RELATING TO "LOT MAINTENANCE AND ABANDONED PROPERTY;" PROVIDING FOR FINES; STANDARDS. FOR LOT MAINTENANCE AND A DETER - MINATION OF ABANDONED PROPERTY; PROVIDING. REQUIREMENT THAT MORTGAGE HOLDERS UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICA- TION, SEVERABILITY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE AMENDING CHAPTER 15 BY ADDING SECTION 15 -100.1 ENTITLED "ANIMAL NOISES "; PROVIDING A VIOLATION FOR FREQUENT, .HABITUAL OR CONTINUED NOISE FROM AN ANIMAL;'PROVIDING FOR SEVERABILITY, ORDINANCES IN I CONFLICT; AND AN EFFECTIVE DATE.. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI'S COMMUNITY RELATIONS BOARD (CRB) ;' AMENDING THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE HOMELESS IN OUR COMMUNITY, TO SEEK PROFESSIONAL• AND ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE SENSITIVITY TRAINING TO LAW ENFORCEMENT AND THE COMMUNITY AT LARGE TO THE NEEDS OF THE HOMELESS; AND (2) REDUCING THE NUMBER OF MEMBERS PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 4/24: _ ', 09- 3- 205/1218732M : t .r .. 1 d _ a Q N') S fn F � � N 0 gl rA cc LL (D 0 y X V Z iU O N to C co M a� a 0 Z r n da O U U Q U) O N N O O fD tD M M O co W M m E (; Z CL E o F Z `o d N N p 0 40 N � & N O cc a -CALENDAR, FROM 48 tunes by DJ Victor; 7 -9:30 p.m. Mon- day; St. Matthew's Episcopal Church, 7410 Sunset Dr., South Miami; $2. 305 - 667.7715. CLUBS /MEETINGS Biscayne Bay Young Republicans Happy Hour and General Meeting: Discussions on current events and politics. Meet and learn from political candidates and government officials. Meeting starts at 7:30 p.m., following cocktails and socializing at 6:30 p.m., 6:30.9:30 p.m. Tuesday; Senor Frogs- Coconut Grove, 3480 Main Hwy., Coconut Grove; call for price. 305 -448 -0990 or miamiyoungre- publicans.com. Duplicate Bridge: 12:30 p.m. Monday and Thursday; Marjorie and William McDonald Center, 17011 NE 19th Ave., North Miami Beach; $3. 305- 931 -2286. East Everglades Orchid Society: Lou Lodyga, founding member and a former president of the Coalition for Orchid Species, speaks on Orchid Species You Can Grow in South Flor- ida. The club meets the fourth Tues- day of the month; 7:30 p.m. Tuesday; University of Florida- Miami -Dade Extension Building, 18710 SW 288th St., Homestead; free. 786.223 -2937 or orchidseeos.com. Fairchild Tropical Botanic Garden: 10901 Old Cutler Rd., Coral Gables- NEIGHBORS CALENDAR fairchildgarden.org: . Native Plant Society: Meets on the fourth Tuesday of the month in Cor- bin A; 7:30 p.m. Tuesday; free. 786 - 340 -7914. . The Tropical Fern and Exotic Plant Society: Larry Cox, Redland orchid hobbyist, speaks on Paphiopedalum orchids, commonly known as Tropi- cal Lady Slippers; held in the Corbin Building. Plants available for raffle and purchase; 7:30 p.m. Monday; free. 305- 666 -0219 or tfeps.org. Human Development Index (HDI)- South Florida Meeting: Features presentations on virtualization of services. Special guest is Darien Chi - moff, HDI's South East Regional President; 1:30 -4 p.m. Tuesday; Car- nival Cruise Lines, 3655 NW 87th Ave., Miami; free. 305- 406 -5040 or Bout hf lori da hd i.com. Marine Council Meeting: Bill John- son, director of the Port of Miami, is the speaker. Registration starts at 11:45 a.m., followed by the lunch meeting; noon -1:30 p.m. Monday; Rusty Pelican, 3201 Rickenbacker Cswy., Key Biscayne; $25,$20 mem- bers, reservation required by April 27.954.523 -1004 or Kittyamiam;- marinecouncil.com. The North Dade Orchid Club: Marc Burchette, board member of Fort Lauderdale Orchid Society, lectures on Catasetum Alliance, the Orchids of Mvstery. Includes blue - ribbon judging and an orchid raffle; 7 p.m. Monday; McDonald Center, 17051 NE 19th Ave., room 2, North Miami CITY OF SOUTH MIAMI NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a Special Election for the City of South Miami for an unexpired term of Commissioner for Group IV, ending February 9, 2010, will be held on Tuesday, June 9, 2009 from 7:00 a.m. to 7:00 p.m., in the City Commission Chambers, of the City of South Miami City Hall at 6130 Sunset Drive. Qualifying period for this election begins Wednesday, May 6, 2009 at 9:00 a.m., and ends Tuesday, May 12, 2009 at 5:00 p.m. Registration ends at 5.00p m sharp each day. Inquiries can be made by calling the City Clerk's office at: 305- 663 -6340. Maria M. Menendez, CIVIC City Clerk City of South Miami Beach; free. 305 -788 -0484. Optimist Club of North Bay Village: Dinner meeting. Prospective mem- bers welcome. Meets at various res- taurants; 6:30 p.m. Wednesday; $lt- $15.305- 758.8188. Poets and Writers Forum: Monthly forum in which poets and writers can share the joy of words. Club meets the first Saturday of every month;1 p.m. Saturday; North Miami Beach Public Library. 1601 NE 164th St., North Miami Beach; free. 305- 932 -0907. Tropical Fruit and Vegetable Soci- ety of the Redland: Features a lec- ture on tropical fruits and vegeta- bles, tastings, plant exchange and horticultural library. Meets on the last Wednesday of the month; 7:30 p.m. Wednesday; Redland Fruit and Spice Park, 24801 SW 187th Ave., Redland; free. 305- 247 -5727 or frui- tandspicepark.org. GET /GIVE HELP April Food Days Mega Food Drive: Donation drive to help the hungry and homeless. Donations can be pur- chased at any Whole Foods Market in Miami -Dade or Broward counties. Other food donations. including canned vegetables and meat, dried pasta, instant potatoes, boxes cere- als and dried milk can be dropped off at any Miami Rescue Mission center. Presented by the Miami Rescue Mis- sion and Broward Outreach Centers (Miami, Hollywood and Pompano) along with Whole Foods Market through Thursday. 305 -571 -2273 or 305 -572 -2040 or miamirescuemis- sion.com. Baptist-South Miami Regional Can- cer Program: Offers comprehensive cancer services, which provide the latest information on cancer - related services, support groups, educa- tional programs and clinical research trials at Baptist, Baptist Children's and South Miami Hospitals. The pro- gram is staffed by a registered nurse, who explains wide variety of services including, early detection screen- ings, diagnostic services, treatment options, rehabilitation, reconstruc- tion andchildren's cancer services: 8:30 a.m.-4 p.m. Monday - Friday. 786 -596 -2430 or 800 -599 -2456. Depression and Bipolar Support Alliance: Helps the affected on their road to recovery; 7 p.m. Tuesdays; Beth Moshe Congregation, 2225 NE 121st St., North Miami; free. 786 -514 -6229. Donate Used Cell Phones for Sol- diers: Security Self Storage teams with Cell Phones for Soldiers to col- lect used cell phones, which are then recycled. Benefits the purchase of calling cards for the soldiers on active duty. Official drop -off loca- tions in all 14 stores throughout Flor- ida and are posted on the website; through Thursday. 561- 272 -1550 or securityselfsteragef I.com. Mental Health Support for Eco- nomic Losses: Licensed mental health professionals help Miami - Dade County residents affected by the recent financial crisis in dealing with the stress and anxiety caused by job losses, home foreclosures and other economic concerns; 5 -6 p.m. Thursday; Jackson South Commu- nity Hospital, 9333 SW 152nd St., Pal- metto Bay; free. 305 - 355 -8234. Smoking Cessation Support Group: For people 18 and up who are trying to stop smoking or who have stopped smoking. Meets every sec- ond and fourth Tuesday of the month; 5:30 -6:30 p.m. Tuesday; Pul- monary Rehabilitation, 6250 Sunset Dr., Miami; free. 786- 662 -8484. -TURN TO CALENDAR, 52 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, May 5, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Second Reading: CORDINANCE RELATING TO SPECIAL ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TERM OF THE) CITY COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION;; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT. AN ORDINANCE RELATING TO THE CITY'S CODE OF ORDINANCES, AMENDING CHAPTER 12, ENTITLED "HEALTH AND SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4 RELATING TO "LOT MAINTENANCE AND ABANDONED PROPERTY;" PROVIDING FOR PINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CRATIONS TO ALL INTERESTED PERSONS. AN ORDINANCE RELATING TO NOISEAMENDING CHAPTER 15 BYADDING SECTION 15 -100.1 ENTITLED "ANIMAL NOISES "; PROVIDING A VIOLATION FOR FREQUENT, HABITUAL OR CONTINUED NOISE FROM AN ANIMAL. AN ORDINANCE RELATING TO THE CITY OF SOUTH MIAMI'S COMMUNITY RELATIONS BOARD (CRB); AMENDING THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE HOMELESS IN OUR COMMUNITY, TO SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE SENSTf1VRY TRAINING TO LAW ENFORCEMENT AND THE COMMUNITY AT LARGE TO THE NEEDS OF THE HOMELESS; AND (2) REDUCING THE NUMBER OF MEMBERS. For further information, please contact the City Clerk's Office at (305) 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC city perk Pursuant to Florida Statutes 286.0105, the CRY hereby advises the public that g a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting a hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record includes the