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Letter to Hon. Harvey Ruvin Clerk of Court re: Charter Amendments MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov CITY CLERK'S OFFICE Rafael E. Granado, City Clerk Email: CityClerk @miamibeachfl.gov Tel: 305.673.741 1, Facsimile: 305.673.7254 September 17, 2014 Sent Certified Return Receipt Honorable Harvey Ruvin Clerk of the Courts Miami-Dade County Courthouse 73 West Flagler Street, Suite#242 Miami, Florida 33130 Dear Mr. Ruvin: On August 26, 2014, the electors of the City of Miami Beach approved the following four (4) amendments to the Miami Beach City Charter: Pursuant to Resolution 2013-28603 City Charter Section 2.02: - Amending Mayor and City Commissioner Term Limit Provisions Charter Section 2.02 establishes Mayor's term limit of three consecutive two-year terms (six consecutive years) and Commissioner's term limit of two consecutive four-year terms (eight consecutive years). Shall this Section be amended to: • Delete "consecutive" limits, establish instead Mayor's three two-year term limit and Commissioner's two four-year term limit; • Establish that service by a Commission member(including filling vacancy) in excess of 50% of a term shall constitute a full "term"? Pursuant to Resolution 2014-28604 City Charter Section 2.04: City Commission's Selection of Vice-Mayor Charter Section 2.04 provides that the City Commission shall choose from its membership a Vice-Mayor, said selection to occur at the Commission's first meeting within 3 days after each General Election or if Runoff Election is held, within 30 days thereafter. Shall these dates be changed to provide that the Commission's initial selection of Vice-Mayor shall occur at its first Commission meeting occurring after the General Election or after Runoff Election, if held? Pursuant to Resolution 2014-28605 City Charter Section 6.04: Supplemental Qualifying Ending Date for Filling of Vacancy in Candidacy Shall City Charter Section 6.04 governing"Vacancy in Candidacy"be amended to provide that the ending date for supplemental qualifying due to fewer than two candidates remaining on City ballot due to death, withdrawal or removal of a qualified candidate after the qualifying period has ended be changed from 26 days to 45 days prior to the election date? Pursuant to Resolution 2014-28606 Amending Board of Adjustment Jurisdiction Regarding Variances Shall the City of Miami Beach's Related Special Acts Section 2 regarding the City's Board of Adjustment be amended to except from the Board's jurisdiction those variance requests specified as part of applications for development approval within the jurisdiction of the Design Review Board or Historic Preservation Board? Attached are the official results of said Special Election, and the text of the Charter amendments. Said amendments will be incorporated into the City Charter. Pursuant to Miami- Dade County Code Section 6.03(b), a copy of the Charter amendments are being filed herewith. Should you have any questions, please contact me at 305.673.7411 or via e-mail at rafaelgranado @miamibeachfl.gov. Respectfully, Raf el E. Granad , City Clerk Attachments: Official Results of the August 26, 2014 Miami Beach Special Election (Resolution 2014-28717) Copies of Resolutions 2014-28603, 2014-28604, 2014-28605 and 2014-28606. cc: Debora Turner, First Assistant City Attorney Jean Olin, Esq. F:\CLER\CLER\000_ELECTION\0000_2014 AUGUST ELECTION\CORRESPONDENCE\Letter to the Clerk of the Courts re August 262014 Ballot Questions approved.docx RESOLUTION NO. 2014 -28603 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 26, 2014 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION 2.02 GOVERNING IN RELEVANT PART TERM LIMITS OF CITY'S ELECTED OFFICIALS SHOULD BE AMENDED TO DELETE "CONSECUTIVE" TERM LIMITS AND ESTABLISH INSTEAD MAYOR'S THREE TWO -YEAR TERM LIMIT AND COMMISSIONER'S TWO FOUR -YEAR TERM LIMIT, AND ESTABLISH THAT SERVICE BY A COMMISSION MEMBER (INCLUDING FILLING OF VACANCY ON COMMISSION) IN EXCESS OF 50% OF A TERM SHALL CONSTITUTE A FULL "TERM" FOR PURPOSES OF CHARTER'S TERM LIMIT PROVISIONS. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 26, 2014, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami -Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County Election Officials as set forth in the attached Exhibit "A ". SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 :00 A.M. UNTIL 7:00 P.M. ON THE 26TH DAY OF AUGUST, 2014, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CITY CHARTER SECTION 2.02: AMENDING MAYOR AND CITY COMMISSIONER TERM LIMIT PROVISIONS CHARTER SECTION 2.02 ESTABLISHES MAYOR'S TERM LIMIT OF THREE CONSECUTIVE TWO -YEAR TERMS (SIX CONSECUTIVE YEARS) AND COMMISSIONER'S TERM LIMIT OF TWO CONSECUTIVE FOUR -YEAR TERMS (EIGHT CONSECUTIVE YEARS). SHALL THIS SECTION BE AMENDED TO: • DELETE "CONSECUTIVE" LIMITS, ESTABLISH INSTEAD MAYOR'S THREE TWO -YEAR TERM LIMIT AND COMMISSIONER'S TWO FOUR -YEAR TERM LIMIT; • ESTABLISH THAT SERVICE BY A COMMISSION MEMBER (INCLUDING FILLING VACANCY) IN EXCESS OF 50% OF A TERM SHALL CONSTITUTE A FULL "TERM "? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on August 26, 2014, hereby called, shall be in substantially the following form, to -wit: "OFFICIAL BALLOT" CITY CHARTER SECTION 2.02: AMENDING MAYOR AND CITY COMMISSIONER TERM LIMIT PROVISIONS CHARTER SECTION 2.02 ESTABLISHES MAYOR'S TERM LIMIT OF THREE CONSECUTIVE TWO -YEAR TERMS (SIX CONSECUTIVE YEARS) AND COMMISSIONER'S TERM LIMIT OF TWO CONSECUTIVE FOUR -YEAR TERMS (EIGHT CONSECUTIVE YEARS). SHALL THIS SECTION BE AMENDED TO: • DELETE "CONSECUTIVE" LIMITS, ESTABLISH INSTEAD MAYOR'S THREE TWO -YEAR TERM LIMIT AND COMMISSIONER'S TWO FOUR -YEAR TERM LIMIT; • ESTABLISH THAT SERVICE BY A COMMISSION MEMBER (INCLUDING FILLING VACANCY) IN EXCESS OF 50% OF A TERM SHALL CONSTITUTE A FULL "TERM "? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on July 28, 2014. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami - Dade County Elections Office. All questions concerning voter registration should be directed to the Miami -Dade County Elections Office, 2700 N.W. 87th Avenue, Dora!, Florida 33172; Telephone: (305) 499 -VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami -Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami -Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any;court of competent jurisdiction, then said holding l; shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this o'�/ day of Mef M , 2014. ATTEST: HILIP IN .INCGRr' ORATED: AYO RAF EL E. GRANADO CITY CLERK (Requested by City Commissioner Joy Malakoff ArI'ROVED AS TO RA/JO FORM &LANGUAGE &FOR EXECUTION City Alto ey Date CITY CHARTER SECTION 2.02: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT AUGUST 26, 2014 SPECIAL ELECTION. I. PROPOSED BALLOT QUESTION: CITY CHARTER SECTION 2.02: AMENDING MAYOR AND CITY COMMISSIONER TERM LIMIT PROVISIONS CHARTER SECTION 2.02 ESTABLISHES MAYOR'S TERM LIMIT OF THREE CONSECUTIVE TWO -YEAR TERMS (SIX CONSECUTIVE YEARS) AND COMMISSIONER'S TERM LIMIT OF TWO CONSECUTIVE FOUR -YEAR TERMS (EIGHT CONSECUTIVE YEARS). SHALL THIS SECTION BE AMENDED TO: • DELETE "CONSECUTIVE" LIMITS, ESTABLISH INSTEAD MAYOR'S THREE TWO -YEAR TERM LIMIT AND COMMISSIONER'S TWO FOUR -YEAR TERM LIMIT; • ESTABLISH THAT SERVICE BY A COMMISSION MEMBER (INCLUDING FILLING VACANCY) IN EXCESS OF 50% OF A TERM SHALL CONSTITUTE A FULL "TERM "? II. PROPOSED AMENDED CITY CHARTER TEXT: City of Miami Beach Charter, Section 2.02 "Term, Term Limits and Compensation" The term of office of the Mayor shall be two (2) years. The term of office of the City Commissioners shall be four (4) years. Commencing with the General Election in November 1997 (excluding individuals. holding City of Miami Beach elective office prior thereto for their uncxpired terms), t The lifetime term limit for Miami Beach Commissioners shall be two four -year terms eight consecutive years and the lifetime term limit for Miami Beach Mayor shall be three two -year terms _ - - _ respectively, measured retroactively from their first elections said terms not including time served as a member of the City of Miami Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach Charter so long_ as such time served in fillin• a vacanc does not exceed 50% of that sub'ect term. Service b a Commission member in excess of 50% of any term of office shall be considered a full term for purposes of the term limit provisions in this section. RESOLUTION NO. 2014.28604 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 26, 2014 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION 2.04 GOVERNING CITY COMMISSION'S SELECTION OF VICE -MAYOR SHOULD BE AMENDED TO CHANGE DATES BY WHICH VICE -MAYOR IS SELECTED AND PROVIDE INSTEAD THAT THE CITY COMMISSION'S INITIAL SELECTION OF VICE -MAYOR SHALL OCCUR AT THE FIRST COMMISSION MEETING OCCURRING AFTER THE GENERAL ELECTION OR OCCURRING AFTER THE RUNOFF ELECTION, IF HELD. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 26, 2014, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated, SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami -Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County Election Officials as set forth in the attached Exhibit "A ". SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 :00 A.M. UNTIL 7:00 P.M. ON THE 26TH DAY OF AUGUST, 2014, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CITY CHARTER SECTION 2.04: CITY COMMISSION'S SELECTION OF VICE -MAYOR CHARTER SECTION 2.04 PROVIDES THAT THE CITY COMMISSION SHALL CHOOSE FROM ITS MEMBERSHIP A VICE - MAYOR, SAID SELECTION TO OCCUR AT THE COMMISSION'S FIRST MEETING WITHIN 3 DAYS AFTER EACH GENERAL ELECTION OR IF RUNOFF ELECTION IS HELD, WITHIN 30 DAYS THEREAFTER. SHALL THESE DATES BE CHANGED TO PROVIDE THAT THE COMMISSION'S INITIAL SELECTION OF VICE -MAYOR SHALL OCCUR AT ITS FIRST COMMISSION MEETING OCCURRING AFTER THE GENERAL ELECTION OR AFTER RUNOFF ELECTION, IF HELD? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on August 26, 2014, hereby called, shall be in substantially the following form, to -wit: "OFFICIAL BALLOT" CITY CHARTER SECTION 2.04: CITY COMMISSION'S SELECTION OF VICE -MAYOR CHARTER SECTION 2.04 PROVIDES THAT THE CITY COMMISSION SHALL CHOOSE FROM ITS MEMBERSHIP A VICE - MAYOR, SAID SELECTION TO OCCUR AT THE COMMISSION'S FIRST MEETING WITHIN 3 DAYS AFTER EACH GENERAL ELECTION OR IF RUNOFF ELECTION IS HELD, WITHIN 30 DAYS THEREAFTER. SHALL THESE DATES BE CHANGED TO PROVIDE THAT THE COMMISSION'S INITIAL SELECTION OF VICE -MAYOR SHALL OCCUR AT ITS FIRST COMMISSION MEETING OCCURRING AFTER THE GENERAL ELECTION OR AFTER RUNOFF ELECTION, IF HELD? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on July 28, 2014. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami - Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this o? day of fi� , 2014. ATTEST: g� INOORPr ORA7LD: " i /PHILIP L I AYO RAFA L E. GRANADO APPROVED AS TO CITY CLERK FORM & LANGUAGE RA/JO O &FOR EXECUTION City Attorne Date CITY CHARTER SECTION 2.04: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT AUGUST 26, 2014 SPECIAL ELECTION. I. PROPOSED BALLOT QUESTION: CITY CHARTER SECTION 2.04: CITY COMMISSION'S SELECTION OF VICE -MAYOR CHARTER SECTION 2,04 PROVIDES THAT THE CITY COMMISSION SHALL CHOOSE FROM ITS MEMBERSHIP A VICE - MAYOR, SAID SELECTION TO OCCUR AT THE COMMISSION'S FIRST MEETING WITHIN 3 DAYS AFTER EACH GENERAL ELECTION OR IF RUNOFF ELECTION IS HELD, WITHIN 30 DAYS THEREAFTER. SHALL THESE DATES BE CHANGED TO PROVIDE THAT THE COMMISSION'S INITIAL SELECTION OF VICE -MAYOR SHALL OCCUR AT ITS FIRST COMMISSION MEETING OCCURRING AFTER THE GENERAL ELECTION OR AFTER RUNOFF ELECTION, IF HELD? YES NO II. PROPOSED AMENDED CITY CHARTER TEXT: City of Miami Beach Charter Section 2.04 "Induction Election of Vice -Mayor and meetings." The City Commission shall, at its first meeting after each general election, which shall be within t -- e - _ - - - - - e - (or within thirty (30) clays a; r,—tT e runo„z,° en at its first meeting after the runoff election, if a runoff election is held), initially elect from its membership a Vice -Mayor who during the absence or disability of the Mayor, shall perform the duties of Mayor. In the absence or disability of both the Mayor and Vice - Mayor, the said duty shall be performed by another member appointed by the Commission. RA/JO RESOLUTION NO. 2014 -28605 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 26, 2014 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION 6.04 GOVERNING "VACANCY IN CANDIDACY" SHOULD BE AMENDED TO PROVIDE THAT THE ENDING DATE FOR SUPPLEMENTAL QUALIFYING DUE TO FEWER THAN TWO CANDIDATES REMAINING ON A CITY BALLOT DUE TO DEATH, WITHDRAWAL OR REMOVAL OF A QUALIFIED CANDIDATE AFTER THE QUALIFYING PERIOD HAS ENDED BE CHANGED FROM 26 DAYS TO 45 DAYS PRIOR TO THE ELECTION DATE. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 26, 2014, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami -Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County Election Officials as set forth in the attached Exhibit "A ". SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 26TH DAY OF AUGUST, 2014, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CITY CHARTER SECTION 6.04: SUPPLEMENTAL QUALIFYING ENDING DATE FOR FILLING OF VACANCY IN CANDIDACY. SHALL CITY CHARTER SECTION 6.04 GOVERNING "VACANCY IN CANDIDACY" BE AMENDED TO PROVIDE THAT THE ENDING DATE FOR SUPPLEMENTAL QUALIFYING DUE TO FEWER THAN TWO CANDIDATES REMAINING ON CITY BALLOT DUE TO DEATH, WITHDRAWAL OR REMOVAL OF A QUALIFIED CANDIDATE AFTER THE QUALIFYING PERIOD HAS ENDED BE CHANGED FROM 26 DAYS TO 45 DAYS PRIOR TO THE ELECTION DATE? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on August 26, 2014, hereby called, shall be in substantially the following form, to -wit: "OFFICIAL BALLOT" CITY CHARTER SECTION 6.04: SUPPLEMENTAL QUALIFYING ENDING DATE FOR FILLING OF VACANCY IN CANDIDACY. SHALL CITY CHARTER SECTION 6.04 GOVERNING "VACANCY IN CANDIDACY" BE AMENDED TO PROVIDE THAT THE ENDING DATE FOR SUPPLEMENTAL QUALIFYING DUE TO FEWER THAN TWO CANDIDATES REMAINING ON CITY BALLOT DUE TO DEATH, WITHDRAWAL OR REMOVAL OF A QUALIFIED CANDIDATE AFTER THE QUALIFYING PERIOD HAS ENDED BE CHANGED FROM 26 DAYS TO 45 DAYS PRIOR TO THE ELECTION DATE? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on July 28 , 2014. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami- Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ,2l day of , 2014. ATTEST: HILIP LEVI, R fir RAFAE 'E. GRANA O, Cl Ki ORATED.* APPROVED AS TO FORM & LANGUAGE RA/JO &FOR EXECUTION City Atto ney Date CITY CHARTER SECTION 6.04: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT AUGUST 26, 2014 SPECIAL ELECTION. I. PROPOSED BALLOT QUESTION: CITY CHARTER SECTION 6.04: SUPPLEMENTAL QUALIFYING ENDING DATE FOR FILLING OF VACANCY IN CANDIDACY. SHALL CITY CHARTER SECTION 6.04 GOVERNING "VACANCY IN CANDIDACY" BE AMENDED TO PROVIDE THAT THE ENDING DATE FOR SUPPLEMENTAL QUALIFYING DUE TO FEWER THAN TWO CANDIDATES REMAINING ON CITY BALLOT DUE TO DEATH, WITHDRAWAL OR REMOVAL OF A QUALIFIED CANDIDATE AFTER THE QUALIFYING PERIOD HAS ENDED BE CHANGED FROM 26 DAYS TO 45 DAYS PRIOR TO THE ELECTION DATE? U. PROPOSED AMENDED CITY CHARTER TEXT: City of Miami Beach Charter, Section 6.04 "Vacancy in sCandidacy." If the death, withdrawal or removal of a qualified candidate for Miami Beach City Commission following the end of the qualifying period results in espy -ene fewer than two candidates remaining on the ballot for that office, there shall be one supplemental qualifying period of five (5) days beginning on the first business day following the vacancy in candidacy. No further supplemental qualifying period shall thereafter be established at all if a vacancy in candidacy occurs within twenty six (26) forty -five (45) days prior to the date of the general election for the office of City Commissioner or Mayor. If within twenty six {264 forty -five (45) days prior to the date of the general election for the office of City Commissioner or Mayor, there is only one candidate on the ballot for an elected office, said candidate shall be declared elected and no election for that office shall be required. RA/JO RESOLUTION NO. 2014 -28606 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 26, 2014 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER THE CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS SECTION 2 REGARDING THE CITY'S BOARD OF ADJUSTMENT SHOULD BE AMENDED TO EXCEPT FROM THE BOARD'S JURISDICTION THOSE VARIANCE REQUESTS SPECIFIED AS PART OF APPLICATIONS FOR DEVELOPMENT APPROVAL WITHIN THE JURISDICTION OF THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 26, 2014, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami -Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County Election Officials as set forth in the attached Exhibit "A ". SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 26TH DAY OF AUGUST, 2014, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDING BOARD OF ADJUSTMENT JURISDICTION REGARDING VARIANCES SHALL THE CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS SECTION 2 REGARDING THE CITY'S BOARD OF ADJUSTMENT BE AMENDED TO EXCEPT FROM THE BOARD'S JURISDICTION THOSE VARIANCE REQUESTS SPECIFIED AS PART OF APPLICATIONS FOR DEVELOPMENT APPROVAL WITHIN THE JURISDICTION OF THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on August 26, 2014, hereby called, shall be in substantially the following form, to -wit: "OFFICIAL BALLOT" AMENDING BOARD OF ADJUSTMENT JURISDICTION REGARDING VARIANCES SHALL THE CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS SECTION 2 REGARDING THE CITY'S BOARD OF ADJUSTMENT BE AMENDED TO EXCEPT FROM THE BOARD'S JURISDICTION THOSE VARIANCE REQUESTS SPECIFIED AS PART OF APPLICATIONS FOR DEVELOPMENT APPROVAL WITHIN THE JURISDICTION OF THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on July 24 2014. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami -Dade County Elections Office. AU questions concerning voter registration should be directed to the Miami -Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499 -VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this C21 day of , 2014. ATTEST: ,,HILIP L I�AYO 4 '.INCORF ORATE D i RAFAEL/1E. GRANADO 1 �i E CITY C ERK (Requested by City Commissioner Joy Malakoff) RA/JO APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION :(-- 5 City Attorn +,,� Date BOARD OF ADJUSTMENT: CITY OF MIAMI BEACH'S SPECIAL RELATED ACTS, SECTION 2 PROPOSED BALLOT QUESTION AND AMENDED TEXT AUGUST 26, 2014 SPECIAL ELECTION PROPOSED BALLOT QUESTION: AMENDING BOARD OF ADJUSTMENT JURISDICTION REGARDING VARIANCES SHALL THE CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS SECTION 2 REGARDING THE CITY'S BOARD OF ADJUSTMENT BE AMENDED TO EXCEPT FROM THE BOARD'S JURISDICTION THOSE VARIANCE REQUESTS SPECIFIED AS PART OF APPLICATIONS FOR DEVELOPMENT APPROVAL WITHIN THE JURISDICTION OF THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD? II. PROPOSED CITY CODE TEXT: YES NO Related Special Acts, Sec. 2: "Appointment, composition and duties of board of adjustment." Such board of adjustment shall hear and decide appeals from, and review, any order, requirements, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Except for those variance requests specified as part of applications for development approval within the jurisdiction of the Design Review Board or Historic Preservation Board, Wwhere there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In no case shall the board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use of land, nor shall the board have power to grant a height variance greater than 3 feet or any variance from a property's allowable number of stories (floors). The board shall fix a reasonable time for the hearing of any matter before it and shall give due notice thereof to the parties. RESOLUTION NO. 201428717 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE AUGUST 26, 2014 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING RESULTS THEREOF. WHEREAS, the Certificate of the results of the August 26, 2014 City of Miami Beach Special Election have been received from the Miami-Dade County Supervisor of Elections, are attached hereto as Composite Exhibit "A," and are incorporated herein; and WHEREAS, said Certificate reflects that: Question "A" as set forth below was approved by the electorate of the City of Miami Beach'; Question "B" as set forth below was approved by the electorate of the City of Miami Beach; Question "C" as set forth below was approved by the electorate of the City of Miami Beach; and Question "D" as set forth below was approved by the electorate of the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami-Dade County Canvassing Board having canvassed the returns of the August 26, 2014 Special Election of the City of Miami Beach, the Mayor and City Commission hereby adopt the Certificate of County Canvassing Board for said Special Election and it is hereby ordered that the Certificate and this Resolution be recorded in the minutes of the September 10, 2014 City Commission meeting as a permanent record of the results of said Special Election; and be it further resolved that, as a result of the City of Miami Beach August 26, 2014 Special Election, the votes upon the questions presented reflect the following final results: 1 The four ballot questions have been lettered "A"; "B"; "C"; and "D"for ease of reference herein only and were not so lettered on the ballot. QUESTION "A": City Charter Section 2.02: Amending Mayor and City Commissioner Term Limit Provisions Charter Section 2.02 establishes Mayor's term limit of three consecutive two-year terms (six consecutive years) and Commissioner's term limit of two consecutive four-year terms (eight consecutive years). Shall this Section be amended to: • Delete "consecutive" limits, establish instead Mayor's three two-year term limit and Commissioner's two four-year term limit; ® Establish that service by a Commission member (including filling vacancy) in excess of 50% of a term shall constitute a full "term"? YES 3,532 Votes NO 1,434 Votes QUESTION "B": City Charter Section 2.04: City Commission's Selection of Vice-Mayor Charter Section 2.04 provides that the City Commission shall choose from its membership a Vice-Mayor, said selection to occur at the Commission's first meeting within 3 days after each General Election or if Runoff Election is held, within 30 days thereafter. Shall these dates be changed to provide that the Commissions initial selection of Vice-Mayor shall occur at its first Commission meeting occurring after the General Election or after Runoff Election, if held? YES 3,475 Votes NO 1,281 Votes QUESTION "C": City Charter Section 6.04: Supplemental Qualifying Ending Date for Filling of Vacancy in Candidacy Shall City Charter Section 6.04 governing "Vacancy in Candidacy" be amended to provide that the ending date for supplemental qualifying due to fewer than two candidates remaining on City ballot due to death, withdrawal or removal of a qualified candidate after the qualifying period has ended be changed from 26 days to 45 days prior to the election date? YES 3,271 NO 1,410 QUESTION "D": Amending Board of Adiustment Jurisdiction Regarding Variances Shall the City of Miami Beach's Related Special Acts Section 2 regarding the City's Board of Adjustment be amended to except from the Board's jurisdiction those variance requests specified as part of applications for development approval within the jurisdiction of the Design Review Board or Historic Preservation Board? YES 2,743 NO 1,912 2 SE IT FURTHER RESOLVED AND DETERMINED that Question "A" was approved, Question "B"was approved, Question "C" was approved, and Question "D" was approved. PASSED AND ADOPTED this day of September, 2014. ATTEST: i E3 ilip Levine, a Rafael E Granado, City Clerk CORP CRATEJ T:\AGENDA\2014\September\Special Elections' , tiflg� ` ion Results of August 26, 2014 Special Election.rtf APPROVED AS TO FORM & LANGUAGE 4& FO XECUTION ey Date 3 i MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City C Gmmis sion FROM: Jimmy L. Morales, City Manager Rafa el E. Granado, City Clerk DATE: September 10, 2014 SUBJECT: RESOLUTION ACCEPTING RESULTS OF THE AUGUST 26, 2014 SPECIAL ELECTION Attached hereto is a Resolution adopting the Certificate of County Canvassing Board for the August 26, 2014 Special Election for the City of Miami Beach, and declaring results thereof. The Miami-Dade County Supervisor of Election's Certificate of the results is attached to the Resolution, and upon the City Commission's acceptance thereof via passage of this .Resolution, all City Commission election activities related to the City's August 26, 2014 election shall be concluded. TAAGENDA\2014\September\Special Election\Special Election Memo.doc Agenda Item C 7 G- Date ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY We, the undersigned, SHELLEY J. KRAVITZ, County Judge, Chairperson, PENELOPE TOWNSLEY, Supervisor of Elections,Member,ANDREW S.HAGUE,County Judge, Substitute Member,constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Second day of September,.2014 A.D., and proceeded publicly to canvass the votes given for the charter amendments and proposal herein specified at the City of.Miami.Beach Special Elections held on the Twenty-Sixth day of August,201.4 A.D.,as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: City Charter Section 2.02: Amending Mayor and City Commissioner Term Limit Provisions Charter Section 2.02 establishes Mayor's term limit of three consecutive two-year terms (six consecutive years)and Commissioner's term limit of two consecutive four-year terms(eight consecutive years). Shall this Section be amended to: • Delete "consecutive" limits, establish instead Mayor's three two-year term limit and Commissioner's two four-year term limit; • Establish that service by a Commission member(including filling vacancy) in excess of 50%0 of a term shall constitute a full"term"? YES . 3,532 Votes NO 1,434 Votes City Charter Section 2.04: City Commission's Selection of Vice-Mayor Charter Section 2.04 provides that the City Commission shalt choose.from its membership a Vice-Mayor, said selection to occur at the Commission's first meeting within 3 days after each General Election or if Runoff Election is held,within 30 days thereafter. Shall these dates be changed to provide that the Commission's initial selection of Vice-Mayor shall occur at its first Commission meeting occurring after the General Election or after Runoff Election, if held? YES 3,475 Votes NO 1.281 Votes COMPOSITE EXHIBIT A Of a ' •- Au'-gust , ***O.fficial*** City Charter. Section +6.04: Supplemental Qualifying Ending Date for Filling of Vacancy in Candidacy Shall City Charter Section 6.04 governing "Vacancy in Candidacy" be amended to provide that the ending date for supplemental qualifying due to fewer than two candidates.remaining on City ballot due to death, withdrawal or removal of a qualified candidate after the qualifying period has ended be changed from 26 days to 45 days prior to the election date? YES 3,271 Votes NO 1410 Votes Amending Board of Adjustment Jurisdiction Regarding Variances Shall the City of Miami Beach's Related Special Acts Section 2 regarding the City's Board of Adjustment be amended. to except from the Board's jurisdiction those variance requests specified as part of applications for development approval within the jurisdiction of the Design Review Board or Historic Preservation Board? YES 2,743 Votes NO 1 1912 Votes County Judge SHE VITZ Chairperson Supervisor of ElerPINELOPE TOWNSLEY Member County Judge ANDRE. HAGUE Substitute Member ■ / ® 1 0 0.. AI of 2 A • y f I