07-20-04 Item 15CITY OF SOUTH MIAMI
Inter - office Memorandum
TO: Vice Mayor & City Commission DATE: July 20, 2004
FROM: Mary Scott Russell
Mayor (h,4--?
ORDINANCE
South Miami
All- AmerlcaCA9
2001
AGENDA ITEM No.I
RE: Ordinance Amending Budget & Finance
Committee
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -02 -1783 RELATING TO BOARDS AND
COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTITILED
"BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP REQUIREMENTS;
AMENDING DUTIES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
Attached is the latest version of the Budget and Finance Committee Ordinance containing all the
amendments agreed upon at the June 8th Commission Meeting. Accompanying the proposed
Ordinance is a copy of the relevant section of the minutes for that meeting delineating the
requested changes.
RECOMMENDATION:
It is recommended that the City Commission approve the ordinance.
ATTACHMENTS:
0 Proposed Ordinance
Copy of relevant minutes of June 8, 2004 Commission Meeting
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -02 -1783
5 RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE
6 CODE OF ORDINANCES, ENTITILED `BUDGET AND FINANCE COMMITTEE;
7 AMENDING MEMBERSHIP REQUIREMENTS; AMENDING DUTIES AND
8 RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
9 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
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11 WHEREAS, the City of South Miami recognizes that a key function of government is sound fiscal
12 management and careful budget preparation in order to be able to provide a high level of municipal
13 services to its residents and businesses; and
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15 WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor requiring
16 expertise and /or experience which is normally limited to professionals within the financial management,
17 accounting, auditing and municipal management fields; and
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19 WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption
20 of an annual budget and of appointed staffs' administration of city operations, and;
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22 WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff,
23 in providing said oversight, and;
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25 WHEREAS, The City Commission also recognizes the lawful non - interference provisions of the
26 City Charter and the City Manager's contract.
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28 NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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31 Section 1 The City of South Miami Code of Ordinances Section 2 -26.8 entitled `Budget and Finance
32 Committee," is amended to read as follows:
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34 (Note: New wording in bold – underlined; wording to be removed indicated by strike - through)
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36 Sec. 2 -26.8. Budget and Finance Committee.
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38 (a) Name. There is hereby created a Budget and Finance Committee. The committee shall consist
39 of at least &ve a no more than five ffine members.
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41 (b) Purpose. The purpose of the committee is to provide advice and recommendations to the City
42 Commission r'oirnin anion and —toad regarding the adoption and
43 implementation of financially sound annual budgets and investment policies. To accomplish this purpose,
44 the committee is charged with reviewing and evaluating the draft proposed budget, the City's
45 investments, employee pension and other retirement accounts n en a
46 quafte t�a4s; examining ways to preserve existing revenue sources and exploring additional
47 funding sources; eneel ng depa t--- -* f
s u.,Nu. � =�•�11� r """'e reviews,- giving advice to the City Commission ei�
48 °°� m the on projected earnings of investments and desirable or necessary
49 further investments, revenue, expenditures and strategic planning (which includes
50 analyzing existing service levels and determining sufficiency and gppropriateness). ehanges appropriateness).
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52 yeafs. The Committee shall also review the
53 annual comprehensive audit report
Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
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(c) Membership, terms. Members of the committee shall be appointed by the Mayor as provided for
by the City Charter. The Mayor shall attempt to include representatives of the local
business community, residents; and accounting and finance experts71
employees' eity in the membership of the committee. The initial
appointments to the committee shall be for a term that expires on September 30, 2005. T
appeft#-mepAs shall be staggered fer*°m° of one, two a„a difee years. Appointments to fill any vacancy
on the committee will be for the unexpired term. The City
Manager or designee may serve as nan vefin g an ex officio members of the committee.
(d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city hall at a
convenient time to be decided by the committee members. The members may change the place and time
of a particular meeting by motion and a vote of the majority of members present at a regularly scheduled
meeting. A majority of the members in good standing shall constitute a quorum necessary to hold
meetings and take action. Additional special meetings may be scheduled and notice shall be given, as
provided in the city code for special meetings of the city commission; provided, however, that scheduling
special meetings shall require the vote or written request of a majority of the members. The committee
shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all meetings. In the
absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings shall be properly
noticed, open to the public and minutes shall be kept eith r by recording or and in written form.
Members shall serve without compensation.
(e) Administrative assistance. The City Manager or designee shall provide the committee
members with copies of quarterly and annual financial reports for the general budget and retirement
accounts as soon as they are available following the close of the quarter and the fiscal year. The annual
audit report shall be pr-ovided te eeffnnittee member-s within 15 days of deliveFy to the City by i
independet# auditefs. Ledgers and ether- aeeoui4 r-epefts shall be pfav4ded upon request by the eew.,:PA4tee—.
The and the proposed budget shall be delivered to the committee members not later than the date R -is
they delivered to the city commissioners. The Committee's reasonable requests for ledgers and other
account reports shall be made to the City Manager or designee and shall be provided to the Committee in
a timely manner. The City Manager or designee shall provide assistance to the committee, provided that
all requests are submitted in writing. Should the City Manager find any Committee request for
information or assistance unreasonable or disruptive to the normal operations of the City, the City
Manager may deny the request, providing to the Committee written grounds for the denial. The
Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission..
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(f) Reports. The committee shall prepare a report of its budget and finance review to the City
Commission at or before the first public hearing in accordance with subparagraph 1(b). its pro* ed
(g) Sunshine laws. All meetings of the committee and of any two or more persons appointed to
the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All
documents, including email communications, prepared by the committee or a committee member are
public records.
Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
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(g) Sunshine laws. All meetings of the committee and of any two or more persons appointed to
the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All
documents, including email communications, prepared by the committee or a committee member are
public records.
Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
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Section 2 Ordinance No. 15 -02 -1783, amending section 2 -26.8 of the code of ordinances, entitled
"Budget and fmance committee" is repealed. A copy of the repealed ordinance is attached to this
ordinance as exhibit "1."
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 12004
ATTEST: APPROVED:
CITY CLERK
1St Reading
2nd Reading
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Ord. Amending Budget Committee Sec.2 -26.8 Code of Ordinances
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MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
1 With to further comments or discussion, the motion to
2 approve this ordinance as a whole passed by a 5 -0 vote.
3
4 Commissioner Wiscombe: Yea
5 Commissioner Sherar: Yea
6 Vice Mayor Palmer: Yea
7 Commissioner Birts- Cooper: Yea
8 Mayor Russell: Yea
9
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11 Moved by Mayor Russell, seconded by Vice Mayor Palmer the
12 motion to remove the following item from the table passed by a 5-
13 0 vote.
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15 Commissioner Wiscombe: Yea
16 Commissioner Sherar: Yea
17 Vice Mayor Palmer: Yea
18 Commissioner Birts- Cooper: Yea
19 Mayor Russell: Yea
20
21 13. AN ORDINANCE OF THE MAYOR AND CITY COMMIISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO.
23 15 -02 -1783 RELATING TO BOARDS AND COMMITTEESS; AMENDING
24 SEC. 2 -26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET
25 AND FINANCE COMMITTEE; AMENDING MEMBERSHIP
26 REQUIREMENTS; AMEENDING DUTIES AND RESPONSIBILITIES;
27 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
28 CONFLICT; AND PROVIDING AN EFFECTIVE DATE_. 3/5
29 (Tabled 6101104)
30 (Mayor Russell)
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32 Moved by Mayor Russel, seconded by Commissioner Sherar to
33 approve this ordinance on first reading.
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35 The Commission discussed the revised ordinance in detail
36 which resulted in further amendments as shown below.
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38 Mayor Russell at this time said that they needed to consider
39 the appointment of.one of the members of the Commission as an ex-
40 officio member of the Committee. She said that she would
41 recommend either Vice Mayor Palmer or Commissioner Birts- Cooper
42 who have a full four -year term ahead of them to sit as the ex-
43 officio member. The Commission then discussed about how often the
44 Committee would meet. Another option suggested by Mayor Russell
45 was to have an alternate member of the Commission at each hearing
46 as each of them are able to make it, then one of them goes and
47 participates in the meeting at a non- voting member. That way it
48 could be done on a rotating basis and they can all be more
REGULAR CITY COMMISSION 13
MINUTES - June 8, 2004
1 involved. Commissioner Sherar said that he would not be in favor
2 of the rotating concept because it would lose.continuity.
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4 At this point Mr. Figueredo referred to Article III, Section
5 4, r^ of the Charter in answer to Commissioner Sherar's question
6 regarding performance audits on City departments.
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8 After a long discussion over the proposed amendments,
9 Commissioner Wiscombe went ahead and outlined them as shown
10 below.
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12 Moved by Commissioner Wiscombe, seconded by Commissioner
13 Sherar, to remove the strike out on Page 1, line 46 -47,:
14 "examining ways to preserve existing revenue sources and
15 exploring additional funding sources," the motion passed by a 5 -0
16 vote.
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18 Commissioner" Wiscombe: Yea
19 Commissioner Sherar: Yea
20 Vice Mayor Palmer: Yea
21 Commissioner Birts- Cooper: Yea
22 Mayor Russell Yea
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24 Moved by Commissioner Wiscombe, to remove the strike out on
25 Page 2, line 3 , °° the motion died for lack
26 of a second.
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28 Moved by Commissioner Wiscombe, seconded by Mayor Russell,
29 to remove the strike out on Page 2, line 4: "residents," the
30 motion passed by a 5 -0 vote.
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32 Commissioner Wiscombe: Yea
33 Commissioner Sherar: Yea
34 Vice Mayor Palmer: Yea
35 Commissioner Birts- Cooper: Yea
36 Mayor Russell: Yea
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38 Moved by Mayor Russell, seconded by Commissioner Wiscombe, to
39 strike out on Page 2, lines 8-9: "'One member eff the eity
40 an " the motion passed by a 5 -0 vote.
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42 Commissioner Wiscombe: Yea
43 Commissioner Sherar: Yea
44 Vice Mayor Palmer: Yea
45 Commissioner Birts- Cooper: Yea
46 Mayor Russell: Yea
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48 At this point Commissioner Wiscombe asked that the meetings
49 of this Committee be audio taped. Mayor Russell indicated that
REGULAR CITY COMMISSION 14
MINUTES - June 8, 2004
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this provision is already included under
subsection 1(b).
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Commissioner Wiscombe's recommendation then resulted in a small
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amendment as reflected on the following motion:
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Moved by Mayor Russell, seconded by Commissioner
Wiscombe, to
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strike out on Page 2, line 20: "sr-" and add the word "and," the
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motion passed by a 5 -0 vote.
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Commissioner Wiscombe:
Yea
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Commissioner Sherar:
Yea
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Vice Mayor Palmer:
Yea
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Commissioner Birts- Cooper:
Yea
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Mayor Russell:
Yea
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Moved by Mayor Russell, seconded by Commissioner
Wiscombe, to
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add after "committee" on Page 2, line 31: "provided that all
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requests are submitted in writing," the motion
passed by a 5 -0
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vote.
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Commissioner Wiscombe:
Yea
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Commissioner Sherar:
Yea
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Vice Mayor Palmer:
Yea
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Commissioner Birts- Cooper:
Yea
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Mayor Russell:
Yea
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Moved by Commissioner Wiscombe, seconded by
Mayor Russell,
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on Page 2, line 38, after `public hearing,' to add the language:
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"in accordance with subparagraph 1(b)," the motion passed by a 5-
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0 vote.
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Commissioner Wiscombe:
Yea
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Commissioner Sherar:
Yea
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Vice Mayor Palmer:
Yea
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Commissioner Birts- Cooper:
Yea
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Mayor Russell:
Yea
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Moved by Mayor Russell, seconded by Commissioner
Sherar, the
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motion to approve this ordinance on first reading
as amended
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passed by a 5 -0 vote.
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Commissioner Wiscombe:
Yea
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Commissioner Sherar:
Yea
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Vice Mayor Palmer:
Yea
45
Commissioner Birts- Cooper:
Yea
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Mayor Russell:
Yea
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REGULAR CITY COMMISSION
MINUTES — June 8, 2004
15
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
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, 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 attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - JULY 20, 2004
ORDINANCE AMENDING ORDINANCE NO. 15 -02 -1783, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
07/09/2004
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, rebaIR, commission or refund for the purpose
of securing this dvertise o ublication in the said
newspaper. /-)
Sworn to and subs ed before
09 J U
(SEAL) j / ,
O.V. FERBEYRE personally known to me
JANETi LLERENA
'o
MY COMMISSION # DD 307105
EXPIRES; June 23
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2009
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