11-20-08 SpecialSouth Miami
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MAYOR: Horace G: Feliu CITY MANAGER: Ajibola Balogun
VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Vacant CITY CLERK: Maria M. Menendez
COMMISSIONER: Velma Palmer
COMMISSIONER: Jay Beckman
CITY COMMISSION AGENDA
Special Meeting
Special Meeting date: November 20, 2008
Next Meeting date: December 2, 2008
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 6:00 PM
City of South Miami Ordinance No. 08 -06 -1876 requires all
lobbyists before engaging in any lobbying activities to register with
the City Clerk and pay an annual fee of $500.00 per Ord. No. 44 -08-
1979. This applies to all persons who are retained (whether paid or
not) to represent a business entity or organization to influence
"City" action. "City" action is broadly described to include the
.ranking and selection of professional consultants, and virtually all -
legislative, quasi - judicial and administrative action.
CALL TO ORDER:
A.. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Lobbyists addressing
been registered with
E. Presentation(s) NONE
the City Commission tonight must have
the City Clerk as indicated above.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
SPECIAL CITY COMMISSION 1
AGENDA - November 20, 2008
ORDINANCE (S) EMERGENCY
1. AN EMERGENCY 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 I; 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.
(Mayor Feliu)
ORDINANCE (S) FIRST READING
2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO CHARTER AMENDMENTS;
PROPOSING AMENDMENT TO ARTICLE V. ELECTIONS, PARAGRAPH
2.A., TO CHANGE THE MONTH IN WHICH GENERAL ELECTIONS
ARE HELD FROM FEBRUARY TO NOVEMBER OF EACH EVEN -
NUMBERED YEAR, SUBMITTING THE BALLOT QUESTION TO THE
ELECTORATE OF THE CITY AT THE SPECIAL ELECTION
SCHEDULED FOR JANUARY 13, 2009; PROVIDING SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
(Commissioner Beckman)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN
CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS.
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2)
OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON
MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE
COM NXSSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,
UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY
VOTE OF THE COM MXSSION. "
SPECIAL CITY COMMISSION 2
AGENDA - November 20, 2008
COMMISSION REMARKS
PURSUANT TO FLA 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. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 3
AGENDA - November 20, 2008
1 ORDINANCE NO.
2
3 AN. EMERGENCY ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
5 SPECIAL ELECTION TO FILL AN UN- EXPIRED TERM OF THE CITY
6 COMMISSIONER FOR GROUP I; SCHEDULING THE DAY, PLACE AND
7 TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF
8 CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
9 APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION;
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, on November 18, 2008, Randy G. Wiscombe submitted his irrevocable
14 letter of resignation as Commissioner of the City of South Miami, effective immediately, thus
15 creating a vacancy in the office of Commissioner for Group I for an un- expired term ending
16 February 9, 2010; and
17
18 WHEREAS, Article 11 Secyion 4 B. 2 of the City of South Miami Charter provides that
19 in the event a vacancy occurs more than nine months prior to the next general election, the
20 Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a
21 special election being held not less than 30 days nor more than 60 days after the vacancy exists;
22 and
23
24 WHEREAS, the Charter provides that no person who has forfeited an office on the
25 Commission shall be qualified to run for office to fill the vacancy created by the forfeiture; and
26
27 WHEREAS, the City Commission wishes to schedule a Special Election for the purpose
28 of electing a Commissioner for Group I for an un- expired term ending February 9, 2010, to be
29 held Tuesday, January 13, 2009; and
30
31 WHEREAS, the Charter requires the City Commission of the City of South Miami to
32 schedule the day, place and time of the special election by ordinance; and
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
36
37 Section 1. The City of South Miami will hold a Special Election to be held on
38 Tuesday, January 13, 2009 to elect (1) Commissioner to serve an un- expired term created by a
39 vacancy in Group I, ending February 9, 2010.
40 Section 2. The qualifying period for this election shall open Monday, December 1,
41 2008, ending Friday, December 5, 2008, and the hours will be from 9:00 a.m. to 5:00 p.m. sharp.
42 Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami,
43 Florida.
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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.
Section 4. The official ballot for the 2008 special election is annexed to this
ordinance.
Section 5. The election books shall close December 15, 2008.
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. 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 8. This Special Election shall be canvassed by the Miami -Dade County
Supervisor of Elections, or his/her designee.
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 : _ 15 2008.
ATTEST: APPROVED:
CITY CLERK
I" Reading —
2" d Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown. by everstfiking.
ELECTION BALLOT
CITY OF SOUTH MIAMI GENERAL ELECTION
JANUARY 13, 2009
COMMISSIONER RACE — GROUP I
There is hereby elected a Commissioner for the City of South Miami from Group I to serve for
an unexpired term ending February 9, 2010. Vote for one (1)
The polls will be opened on Tuesday, January 13, 2010 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission
Chambers, 6130 Sunset Drive, South Miami, FL.
W:\My Documents\Elections 2008 \ordinance 2009 Special Election 12.02.08.doc
Additions shown by underlinin:i and deletions shown by *f��
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI RELATING TO CHARTER
6 AMENDMENTS; PROPOSING AMENDMENT TO ARTICLE V,
7 ELECTIONS, PARAGRAPH 2.A., TO CHANGE THE MONTH IN
8 WHICH GENERAL ELECTIONS ARE HELD FROM FEBRUARY
9 TO NOVEMBER OF EACH EVEN - NUMBERED YEAR,
10 SUBMITTING THE BALLOT QUESTION TO THE
11 ELECTORATE OF THE CITY AT THE SPECIAL ELECTION
12 SCHEDULED FOR. JANUARY 13, 2009; PROVIDING
13 SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
14 EFFECTIVE DATE.
15
16 WHEREAS, in its efforts to promote good government, public participation in
17 local government and cost savings for the City, the Mayor and City Commission of the
18 City of South Miami have determined that it is in the public interest to change the date of
19 the general election for the offices of mayor and commissioners from the month of
20 February in each even - numbered year to November in each even - numbered year to
21 coincide with the date of elections to national, State, Miami -Dade County and school
22 board offices; and,
23
24 WHEREAS, changing the election date to November in even - numbered years will
25 result in saving the costs charged by the Miami -Dade County Supervisor of Elections
26 and, as the votes will be counted by the supervisor of elections, will also eliminate the
27 need for a canvassing committee to record the results of the election and to count
28 absentee ballots; and,
29
30 WHEREAS, to effect a change in the election date, it will be necessary to extend
31 the term of the mayor and two city commissioners, whose, terms expire in February 2010
32 to November 2010.
33
34 WHEREAS, to accomplish the change in election dates it is necessary to present a
35 charter amendment question to the electorate, as provided in this ordinance.
36
37 NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
39
40 Section 1. The following questions shall be submitted to the electors of the
41 City of South Miami at the next general election:
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Title: QUESTION 1: TIME FOR GENERAL ELECTIONS.
SHALL ARTICLE V, PARAGRAPH 2.A. OF THE CITY
CHARTER, ENTITLED "GENERAL ELECTIONS; TIME," BE
AMENDED TO CHANGE THE MONTH IN WHICH GENERAL
ELECTIONS ARE HELD FROM FEBRUARY TO NOVEMBER
OF EACH EVEN YEAR?
YES
NO
Summary: If the question is approved by a majority of the voters voting in the
next general election, the date for conducting future general elections will be
changed from February to November of even - numbered years to coincide with
national, State and county -wide elections. It is expected that approval of the
change will increase voter participation in municipal elections and may save the
city some costs.
If the question is approved the Charter for the City of South Miami shall be
amended as follows:
ARTICLE V. Elections
SECTION 2. General Elections.
A. Time.
General elections for the Commission shall be held during November
Eby of each even year, the day, place and time to be set by ordinance,
at which time the Mayor shall be elected to be a term of two years and two
commissioners shall be elected to terms of four years.
Section 2. General Election. In the event the amendments to the Charter are
adopted at the Special election, the following general election will be scheduled for
November 2010.
Section 3. Charter Amendment to be Available for Public Inspection, and for
the City Clerk to Utilize the Services of Miami -Dade County Supervisor of Elections.
The place, information and the full text of the proposed City Charter amendment is
available at the office of the City Clerk located at 6130 Sunset Drive, South Miami,
Florida 33143. Copies of this ordinance providing the charter amendments subject to this
referendum approval is on file in the office of the City Clerk and available for public
inspection during regular business hours. The City Clerk is authorized to utilize the
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services of Miami -Dade County Supervisor of Elections for any assistance required in the
administration of the election.
Section 4. Providing for Inclusion in the Charter. It is the intention of the
City Commission and it is hereby ordained that the provisions of this ordinance shall
become and made a part of the Charter of the City of South Miami, Florida, as to the
charter amendment measure approved by a majority of voters on such measure in such
election; that the sections of this ordinance may be renumbered or relettered to
accomplish such intentions; and the word "ordinance" shall be changed to "section" or
other appropriate word.
Section 5. Severability. The provisions of this ordinance are declared to be
severable and if any section, sentence, clause or phrase of this ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this ordinance but they shall
remain in effect, it being the legislative intent that this ordinance shall stand
notwithstanding the invalidity of any part.
Section 6. Effective Date. This ordinance shall become effective upon
adoption on second reading, and the charter amendment measure provided herein shall be
effective only upon approval of a majority of electors voting on the measure, effective
upon certification of the election results.
Section 7. This ordinance initiating the amendment process and vote of the
electorate shall take effect immediately upon execution
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
11:
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Beckman:
Commissioner Palmer:
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HORACE G. FELIU
MAYOR
November 19, 2008
City Commission
c/o Maria M. Menendez, City Clerk
6130 Sunset Drive
City of South Miami 33143
6130 Sunset Drive
South Miami, Florida 33143 -5093
Tel: (305) 668 -2484• Fax: (305) 663 -6348
e -mail: horacefeliu@bellsouth.net
Re: Calling a Special Meeting: Thursday, November 20, 2008
Honorable Members of the City Commission:
This is to notify all of you that I am hereby calling a Special Meeting of the City
Commission for Thursday, November 20, 2008 at 6:00 p.m., in the City Commission
Chamber. The purpose of this meeting is (1) to consider an emergency ordinance to
schedule a special election to fill the vacancy for Commissioner Group I; and, (2) to
consider a first reading ordinance relating to Charter amendment moving the City
elections from February to November to be conducted in conjunction with the County
elections.
The urgency of this meeting is to comply with the City Charter, and with County
deadline to hold candidates' qualifying period.
/SS rely,
Horace G. Feliu
Mayor
Cc: W. Ajibola Balogun, City Manager
Luis Figueredo, City Attorney
Attachments
South Miami
All-America City
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