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LTC 468-2019 SPECIAL ELECTION VOTER'S GUIDEMIAMI BEACH OFFICE OF THE CITY CLERK No. 468-2019 LETTER TO COMMISSION TO: FROM: DATE: SUBJECT: SPECIAL ELECTION VOTER'S GUIDE Attached please find the final draft of the November 5, 2019 City of Miami Beach Special Election Voter's Guide. The purpose of this Voter's Guide is to provide objective and impartial explanations of ballot questions , so that City voters may, in casting their votes , be more informed with the City issues presented to them at the polls. The Voter's Guide was prepared by the Office of the City Attorney and has been edited by the City Clerk to ensure objective and impartial explanations of the ballot questions . The Voter's Guide will be published in both English and Spanish in the upcoming MB Magazine and will be posted on the City 's Elections webpage . If you have any questions, please contact the Office of the City Clerk at 305.673.7 411. Attachment F :\CLER\$ALL\LILIA\L TC's -Transmittal's\Miscellaneous\Voter's Guide 2019.docx VOTER'S GUIDE 2019 GENERAL & SPECIAL ELECTIONS: October 7, 2019 by 5 p .m .: Deadline to register to vote. October 21 through November 3, 2019: Early Voting . Vote at any of the two Miami Beach Early Voting s ites: • Miami Beach City Hall (1st Floor Conference Room)-1700 Convention Center Drive • North Shore Branch Library-7501 Collins Avenue For Early Voting times, please visit https:l/www.miamibeachfl.gov/city-hall/city-clerklelection- information/ or contact the Miami Beach Office of the City Clerk at 305 .673 .7411 or 711 (TTY). October 26, 2019 by 5 p.m.: Deadline to request a Vote-by-Mail ballot. November 5, 2019: Election Day will take place from 7 a.m. to 7 p.m. Vote at the designated precinct printed on your Voter Information Card . RUN-OFF ELECTION: A Run-Off Election , if required , shall be held from 7 a.m . to 7 p.m. on November 19 , 2019 . October 21, 2019 by 5 p.m.: Deadline to register to vote. November 16 and November 17, 2019 : Early Voting from 8 a.m . to 4 p .m. Vote at any of the two Miami Beach Early Voting sites: • Miami Beach City Hall (1st Floor Conference Room)-1700 Convention Center Drive • North Shore Branch Library-7501 Collins Avenue November 9, 2019 by 5 p.m.: Deadline to request a Vote-by-Mail ballot. November 19, 2019: Election Day will take place from 7 a.m. to 7 p.m . Vote at the designated precinct printed on your Voter Information Card. PURPOSE OF THIS VOTER'S GUIDE: During the November 5, 2019 General and Special Elections, City of Miami Beach voters will be presented with six ballot questions and will be electing a Mayor and three Commissioners . The City's ballot questions, as set forth herein and followed by a brief explanation , will appear on the November 5, 2019 ballot, following any national , state, or county issues. The purpose of this Voter's Guide is to provide objective , impartial , and fact-based explanations of the City's ballot questions , so that City voters may, in casting their votes, be more informed with respect to the City issues presented to them at the polls . The explanations are intended to provide general information, and members of the public seeking further information may contact the Office of the City Clerk at 305.673.7411 or visit the City Clerk's website at https://www.miamibeachfl .gov/city-hall/city-clerklelection-information/ Additional information regarding voter registration, Vote-by-Mail, Early Voting , finding your precinct. and how to obtain a sample ballot may be obtained by visiting the Miami-Dade Elections Department webpage at https://www8 .miamidade .gov/global/elections/home.page or by calling 305.499.VOTE (8683) or 305.499.8480 (TTY). BALLOT QUESTIONS: Ballot Question 1: City Charter Sections 2.01 and 2.02: Increasing Mayor's Term and Changing Mayor's Term Limit Effective with City's November 2021 General Election , shall Charter Sections 2 .01 and 2.02 be amended to: • Increase Mayor's term from two to four years; • Change Mayor's term lim it from three two-yea r terms to two four-yea r te rms ; • Retain Charter's retroact ive measurement and calculation provisions ; • Prohibit persons from serving as Mayor fo r more than eight years (period including years previously served as Mayor), except to complete a term , one-half of which has been served? Explanation As the governing body of the City of Miam i Beach , the City Commission is composed of a Mayor and six (6) City Commiss ioners, each of whom are elected to serve for a specific "term " (length of time a person is elected to serve as Mayor or Commissioner), subject to a specific "term limit" (maximum amount of time a person can serve during his/her lifetime as Mayor or Commissioner). Currently, the Mayor serves for a term of two (2) years , with a term limit of six (6) years (three two-year terms). Each City Commissioner serves for a term of four (4) years , with a term limit of eight (8) years (two four-year terms). The primary issue in the above ballot question concerns changing/increasing the Mayor's term and term limit to conform to the term and term limit applicable to City Commissioners. If approved by the City's voters , starting with the City's General Election in November 2021, all members of the City Commission -the Mayor and City Commissioners -will each have a 4-year term , with a maximum term limit of eight (8) years (two four-year terms). Accordingly, commencing with the 2021 General Election , the Mayor's term will increase from two (2) to four (4) years , and the Mayor's term limit will change from six (6) years (three two-year terms) to eight (8) years (two four-year terms); and a Mayoral election shall occur every 4 years thereafter. This measure further specifies as follows: • Persons who have served as Mayor prior to November 2021, may serve as Mayor thereafter for a combined maximum of eight (8) years, such period including the number of years served as Mayor prior to November 2021; and • Any such person serving as Mayor who shall have served one-half of a term, upon serving eight (8) years as Mayor, shall be entitled to complete that subject term. Ballot Question 2: Amend City Charter to Increase Annual Compensation of Mayor and City Commissioners Since 1966, the City Charter has established a $6,000 annual compensation for each City Commissioner and a $10,000 annual compensation for the Mayor. Effective with the City's November 2021 General Election, should Charter section 2.02 be amended to increase each Commissioner's annual compensation to $45,381 and the Mayor's annual compensation to $75,636 , said compensations to be increased annually based upon the Consumer Price Index, but not to exceed three percent per year? Explanation In 1966, the Miami Beach City Charter was amended to establish a $10,000 annual compensation for the Mayor, and a $6 ,000 annual compensation for each City Commissioner. These amounts, which are set forth in the Charter, have not been changed since 1966. Any change to these amounts can only occur if approved by the City's voters. This ballot question asks voters whether the compensations should be increased , starting in 2021 (in other words , if approved, the increased compensations will not immediately apply to sitting members of the City Commission). Specifically, the question asks whether, effective with the City's General Election in 2021, the Mayor's annual compensation should be increased from $10 ,000 to $75,636 , and whether the annual compensation of each City Commissioner should be increased from $6,000 to $45,381. (Note: These new figures reflect the annual cost of living increase from 1966 to the present, using the Consumer Price Index issued by the U.S. Department of Labor.) Further, if approved by the voters, the new compensations will be thereafter adjusted annually, based upon the Consumer Price Index, by an amount not to exceed three percent (3%) per year. Ballot Question 3: City Charter Section 2.07: Amending Procedures for Filling of Vacancies in City Commission Shall City Charter Section 2.07 , which establishes procedures for filling vacancies in City Commission, be amended to create procedures for filling vacancies due to resignation of a Commission member, clarify that in case of any vacancy the Commission is not required to appoint someone to fill vacancy but instead must decide whether to appoint or schedule an election , and establish timing of appointments and elections , with other election-related provisions established in Resolution scheduling such election? Explanation City Charter Section 2.07 currently establishes procedures for the filling of a vacancy on the City Commission, whereby a person is selected by the Commission (i.e . appointed) to fill the vacancy or, if no such appointment is made, then the City's voters choose the replacement at an election . This ballot question proposes Charter changes to clarify and revise , in part, the City's process for filling such Commission vacancies . The proposed amendments revise the Charter by establishing a procedure (including specific time periods) related to vacancies on the Commission caused by the resignation of a Commission member. (Note : The existing Charter language only addresses vacancies in general, and does not address vacancies due to resignation.) Further, in order to clarify the Charter's provisions governing the filling of any vacancy on the Commission, the proposed amendments make clear that the Commission is not required to appoint someone to fill the vacancy, but instead must initially decide whether to appoint or schedule an election to fill the vacancy. Finally, the amendments amend and/or establish certain time periods by which actions related to the filling of vacancies must occur, for the purposes of providing the Commission with expanded time to make such decisions and to allow the City a greater choice in available election dates. Depending upon when a vacancy occurs and the availability of upcoming Countywide or City elections, the subject amendments would allow the C ity greater opportunity to schedule such elections at the same time as a Countywide or City election . Historically, scheduling a special election on the same date as a Countywide or City election has resulted in greater voter turnout and cost savings to the City. Ballot Question 4: Naming of the main Convention Center Park/P-Lot as "Pride Park" In April 2019 , the City began construction of a 5.8-acre public park on what is currently a surface parking lot, known as the main Convention Center Park/P-Lot (located generally west of Convention Center Drive, east of Meridian Avenue , and between 18th and 19th Streets). The park will include wandering paths around a central lawn, a play and fitness area, and a Veterans Plaza. Shall the new park be named "Pride Park"? Explanation In April 2019, the City began construction of a 5.8-acre public park on what is currently a surface parking lot, known as the main Convention Center Park/P-Lot (located generally west of Convention Center Drive , east of Meridian Avenue, and between 18th and 19th Streets). T he park will feature 500 new trees , open lawn spaces , shaded areas , walkways , lighting, a veteran 's memorial, and a public art installation by acclaimed international artists Elmgreen & Dragset. Pursuant to the City Code , a referendum is required to approve the naming of an exterior portion of a C ity facility, includ ing a City park. The subject ballot measure asks the City's voters whether the main Convention Center Park/P-Lot should be named "Pride Park." At a duly noticed public hearing o n June 5, 2019, the Mayor and City Commission approved, by 5/7th vot e, the naming of the park as "Pride Park ," subject to and cont ingent upon the approval of the maj ority of the electorate voting i n a C itywide referendum. If this measure is approved by a majority of the City's voters , the new park shall be named "Pr ide Park." Ballot Question 5: Ordinance authorizing new floor area within interior of historic buildings for adaptive reuse Floor area ratio ("FAR") is the measure the City utilizes to regulate the overall size of a building . Currently, new floor area cannot be added to the interior of historic buildings that have no available floor area, unless the City's voters approve an FAR increase, pursuant to Charter Section 1.03(c). Shall City Commission adopt an Ordinance authorizing the use of new floor area within historic buildings for the adaptive reuse of such buildings? Explanation This ballot measure asks whether the City Commission shall adopt an Ordinance authorizing the use of new floor area within historic buildings for the adaptive reuse of such buildings. "Floor area" generally means the sum of the horizontal areas of the floors of a building. "Floor area ratio " ("FAR") is the measure utilized by the City to regulate the overall size of a building . The City's Land Development Regulations establish a maximum FAR for each of the City's zoning districts. "Adaptive reuse" generally means the renovation and reuse of pre-existing buildings for new purposes. Under the City's current regulations, when an existing building exceeds the maximum allowable FAR for a particular property, no additional floor area may be added to the building or property. The addition of new floor area to a property with no available floor area would result in an increase in zoned FAR Therefore, this measure must be approved by the City's voters pursuant to the City Charter. City Charter Section 1.03(c) provides that "[t]he floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning , transfer, or any other means ... unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach." If this measure is approved by the voters, the City Commission shall adopt an Ordinance establishing specific regulations on the use of new floor area within historic buildings, for the adaptive reuse of such buildings. Ballot Question 6: Floor area ratio increase for Office Uses along Washington Avenue and Alton Road Floor area ratio ("FAR") is the measure the City util izes to regulate overall bu ilding size . The maximum FAR in the C02 district is 1.5. However, if more than 25% of building area is used for residential I hotel units, the maximum FAR is 2.0. Shall C ity adopt Ordinance increasing FAR to 2.0 for buildings in C02, along Washington Avenue and Alton Road, if more than 25% of the building area is used for offices? Explanation Floor area ratio ("FAR") is the measure utilized by the City to regulate the overall size of a building. Currently, the maximum zoned FAR in the C0-2 (commercial, medium intensity) zoning district is 1.5. However, when more than 25% of the total area of a building is used for residential or hotel units , the maximum FAR is 2.0. City Charter Section 1.03(c) provides that "[t]he floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means ... unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach." This ballot question asks whether the City Commission shall adopt an Ordinance increasing FAR to 2 .0 for buildings in the C0-2 district, that are located along Washington Avenue and Alton Road , if more than 25% of the building area is used for offices. The measure is intended to provide the same maximum FAR for buildings along Washington Avenue and Alton Road that contain offices, as the maximum FAR that currently applies to buildings in the C0-2 district that contain residential or hotel units. The area subject to the proposed FAR increase is identified in the following map: INSERT MAP HERE