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Elections_November 1973ELECTIONS Resolution calling a special election to amend City Charter to empower City control rents within City of M.B. was requested by Councilman Dr. Wikler and withdrawn by him. 7 7 Meeting Date 11/6/73 to Resolution providing for submission to electors on 11/6/73 the following: Question 1, to limit campaign expenditures to $7,500 for primary elections, or $2,500 for general elections. Councilman Wikler changed this question (on 11/6/72 suggestions)to read - Limit campaign expenditures to $7,500 for Mayor and $5,000 for Councilman. Motion that this be submitted to electorate did not receive a second. 6/29/73 6/29/7] tLEC'1 I ONS 7 713 Meeting Date Resolution calling• a special election 11/6/73 to require councilmen and candidates to make public full disclosure withdrawn by Council- man Dr. Wikler. 6/29/73 Resolution to limit term of all councilmen to two years withdrawn by Councilman Dr. Wikler. Originally suggested as item on 11/6/73 ballot. ELECTIONS 78 Meeting Date n- 6/29/73 Council action deferred to 7/18/73 for City Atty's opinion re: legality and constitutio ality of above item. Proposed draft of initiative petition for referendum to provide that all Councilmen, City Manager, and City Atty. be required to file full financial disclosure - same as above; deferred to 7/18/73 6/29/73 Proposed draft of initiative petition for referendum to provide that commencing with next scheduled Councilmanic election in M.B., the term of office for all Councilmen shall be 2 yrs.- same as above, deferred to 7/18/73. 6/29/73 ELECTIONS 79 Meeting Date Petition of Councilman Dr. Simon Wikler to Atty. General of Florida, relative to above four items. Deferred to 7/18/73 City Atty. gave oral report re: Judge Herin's decision of 11/7/72 election. This was valid and districting question #5 and #6 had prevailed. He advised districting plan is a required pro- visionfor holding 11/73 election. However, in view of State House Bill #332, effective 7/1/73, declaring every person in State who lives in a mun- icipality for 60 days, is a qualified elector, which supersedes 6 mos. residency requirement, and City's Charter which provides that a resident who is a qualified elector of the City may run for office, the City Atty. advised that, in his opinion, 6/29/73 ELECTIONS $0 Meeting Date the 6 mos. residency is invalid, and he therefore would advise City Clerk to accept qualifying papers of any candidate who has lived in City for 60 days. In recognition of this being unique, City Atty's opinion was approved by informal poll of Council, except Councilman Rosen not in favor. Councilman Magnes asked notice of City Atty's opinion and directions to City Clerk be place in various newspapers for info to public. Councilman Dr. Wikler's motion to appeal decision of Judge Merin failed of passage by 5 to 2, Vice Mayor Goodman and Councilman Dr. Wikler being in favor. 6/29/73 Proposed draft of initiative petition for referendum to provide for limiting campaign expenditures to $7,500 for Councilmanic ELECTIONS 81 Meeting Date candidates, or $2,500 for possible run-off deferred to 8/1/73. 7/18/73 Proposed draft of initiative petition for referendum to provide that all councilmen, city manager and city attorney be required to file full financial disclosure deferred to 8/1/73. 7/18/73 Proposed draft of initiative petition for refer- endum to provide that commencing the next scheduled Councilmanic election in City of M.B., the term of office shall be 2 yrs. Deferred to 8/1/73. 7/18/73 ELECTIONS 81 i. Meeting Date Re: 11/7/73 meeting, upon being advised by City Clerk that results of 11/6/73 election would not be canvassed until the afternoon of 11/7 inasmuch as canvassing committee had to be appointed and absentee ballots had to be counted, it was concensus of Council that it would meet at usual time on 11/7/73, appoint a canvassing committee, take up such emergency matters as there were, and adjourn until such time as canvassing committee is prepared to canvass election. 10/17/73 ELECTIONS 82 Meeting Date Councilman Weinstein requested that the City 977774 Manager immediately meet with the County Mgr. to discuss the possibility of utilizing City policemen and firemen, and deputizing City employees, to work in polling places in M.B. during future elections, in view of the con- fusion during the conduct of the Sept. 10th election, and to report back to the Council. Report given by City Clerk that there would 9/19/74 be space on 11/5/74 ballot, if an election is held to fill unexpired term of Mayor Harold Rosen. It was pointed out that this was last date for Council to fill vacancy by appointment. ELECTIONS There being no action taken in this respects the Council agreed to set the ground rules for the election on Monday, 9/23/74, at 7:00 p.m., prior to the budget meeting, instead of on Friday, 9/20/74, at 10:00 a.m. Discussion of ground rules for Special Election to be held on 11/5/74, to fill vacancy on the Council created by election of Mayor Harold Rosen. Combined report of City Atty and City Clerk presented. Res. #74-14488 adopted calling Special Election on 11/5/74. to fill unex- pired term of Harold Rosen who was elected 83 Date 9/19/74 9/23/74 ELECTIONS to fill the Mayoralty vacancy created by the death of Chuck Hall, providing for: 1) Candidates' Qualifying Period - Oct. 1, 1974 thru Oct. 15, 1974. 2) Filing Fee - 25% of normal $450.00 or $112.50. 3) Qualifying by Petition - Inasmuch as time frame in this election is shorter than usual, the number of signatures of regis- tered voters on each such petition shall be 500 and the last day to qualify as a candidate by petition would be Oct. 5, 1974. 84 Date ELECTIONS 4) No run-off - Candidate receiving the highest number of votes cast in said special election shall be deemed to be elected and in case two or more persons receive an equal and highest number of votes, such persons shall draw lots to determine who shall be deemed the successful candidate. 85 Date Councilmen Dr. Haber and Sahl requested that 11/6/74 some action be taken to prevent attacks on candidates during campaigns prior to an election. Consensus of Council was that there is sufficient time before the next election to take action. ELECTIONS 86 Date Res. #74-14534 adopted, declaring results of 11/7/74 election, as follows: Harold (Hal)Spaet elected Councilman, Group IV The following Bond Question was approved: Shall the City of Miami Beach issue negotiable coupon bonds in the amount of $300,000 with interest at a rate to be hereafter determined, but not to exceed 72% per annum, for the purpose of constructing the City's Bike Path System, in conjunction with the Dade County "Bikeways Plan"? ELECTIONS Adopting State Election Laws to correct future election abuses. Requested by Councilman Sahl. Deferred to 12/11/74. Amending Chap. 10 of City Code pertaining to Elections, requested by Councilman Sahl. (Deferred from 11/20/74) Deferred to 1/8/74. City Atty to review recent Supreme Court decision striking down similar Lantana, Fla., ord. Amending Chapt. 10 of the Code so as to provide for appropriate measures to be taken against persons making last minute false charges against candidates running 87 Date 11/20/74 12/11/74 1/8/75 ELECTIONS 88 (cont'd) Date in City Elections. At request of City Attorney, matter deferred 1/8/75 to Feb. 5, 1975 meeting to give him an opportunity to prepare an appropriate ord. for Council's consideration. City Mgr., City Atty. and City Clerk requested to meet with County Elections Supervisor to discuss instituting election reforms in the City, and to submit recommendations to Council. Council members to be advised of meeting date so that those who can, may attend, as well as members of the public. Councilman Spaet requested that City explore 1/8/75 possibility of utilizing new type of voting system in the next City election. ELECTIONS 89 Date Amending Chapter 10 of the Code so as to pro- vide for appropriate measures to be taken against persons making last minute false char- ges against candidates running in City Elec- tions. (deferred from 1/8/75 at City Atty's request). Proposed ordinance failed of pas- sage on first reading. Amended ord. to be placed on 2/19/75 agenda for first reading. 2/5/75 From reports: City Atty. to re-examine and re -draft ord. in view of Councilman Meyerson's observation that violation of this ord. should not be tried by a Municipal Judge but should be tried in Co. Court where the defendant would have the right of trial by jury. 2/5/75 ELECTIONS Amending Chap. 10 of City Code so as to provide for appropriate measures to be taken against persons making last minute false charges against candidates running in City Elections. (deferred from 2/5/75). Ord. passed on first reading. Hearing and second reading scheduled for March 19, 1975. Amending Chapt. 10 of the City Code to make it unlawful for any person to falsely, mali- ciously, with intent to injure any candidate, charge or accuse candidates of any violation of the Election Laws of the State of Fla.(1st reading 2/19/75). Requested by Councilman Sahl Per Councilman Sahl's request for more time to do additional research into the subject, hearing 90 Date 2/19/75 ELECTIONS 91 (cont'd) Date continued to May 21, 1975 at 2:00 p.m. City Clerk authorized to advertise continuation of hearing. 3/19/75 Deferral of Public Hearing date of Ord. amend- 4/16/75 ing Chapter 10 of City Code to provide for ap- propriate measures to be taken against persons making last minute false charges against candi- dates running in City Elections. (Public Hear- ing now scheduled for 5/21/75). Public hearing cancelled. Withdrawn from agenda by Councilman Sahl for further study. Request for workshop session or public hearing 5/21/75 for Dade Co. demonstration of their new GYREX ELECTIONS 92. (cont'd) Date MTB -1 Voting System. Public to be invited for public input. Requested by Councilman Spaet. Not reached. Deferred to June 4, 1975. 5/21/75 Request for Workshop Session or Public Hearing 6/4/75 for Dade Co. demonstration of New Gyrex MTB -1 Voting System. Public to be invited for public input. Requested by Councilman Spaet, (deferred from 5/21/75). Demonstration by Co. election officials scheduled for July 16, 1975, at 4:00 p.m. Discussion of wording of proposed referendum to confirm City opposition to elevated tran- sit system on MB as recommended by Dade Co. Mass Transit Advisor (deferred from 6/4/75) 6/18/75 ELECTIONS (coned) Res. #75-14748 adopted, approving wording of straw vote question to be submitted to voters at 11/4/75 election, as follows: "DO YOU WANT AN ELEVATED, STEEL -RAIL RAPID TRANSIT SYSTEM IN THE CITY OF MIAMI BEACH AS PART OF THE METROPOLITAN DADE COUNTY UNIFIED RADID TRANSIT SYSTEM?" 93 Date 6/18/75 Request by Messrs. Howard Kaufman and Dave Taub 7/16/75 to present recommendation relative to enforce- ment of existing City Election Laws. To be placed on 8/6/75 agenda. Demonstration of proposed new County Gyrex Voting procedures by Dade Co. Election Officials. 7/16/75 ELECTIONS 94 (coned) Date Action on motion to approve Gyrex system for use in Nov. 1975 election, deferred to 8/6/75. 7/16/75 Request for proposed Charter Amendment to be 7/16/75 placed on Nov. 4, 1975 ballot to reduce all Councilmanic terms to 2 yrs. beginning with the 1975 election. Requested by Councilman Dr. Wikler, failed of passage. Request of Mr. Bayard Strell to amend presently 7/16/75 approved wording of the question to be sub- mitted to electorate on the Mass Transit System proposed for the CMB. Wording of ballot ques- tion, as approved on 6/18/75 retained. ELECTIONS 95 Date Consideration of using proposed new Co. Gyrex 8/6/75 Voting procedures on 11/4/75 City election (demonstration made 7/16/75). Admin. recom- mendation to decline offer, approved. Request by Messrs. Howard Kaufman and Dave Taub 8/6/75 to present recommendation relative to enforce- ment of existing City Election Laws. (Set by Council 7/16). Recommendation referred to City Atty. for report and suggestions on how proposed changes can be implemented. V. M. Meyerson suggested that Admin. explore pos- 8/6/75 siblity of City providing transportation to polls for voters, with candidates providing necessary ELECTIONS 96 (cont'd) Date funding for the service. 8/6/75 (NOT ON AGENDA) recommendation that City Atty. 3/17/76 be authorized to agree to and to stipulate to entry of order....authorizing Dade Co. Public Safety Dept. to open certain impounded absentee ballots from the Nov. 4, 1975 election, as de- scribed in Case of State of Fla. etc., v. City Elections Canvassing Board. Res. #76-14996 adopted 'Request by Mrs. Mildred Falk for placement of 9/1/76 an item on ballot for General Election on 11/2/76, She advised of petition filing. ELECTIONS 97 (continued) Date City Atty. outlined procedure required; advised it would be legally impossible to meet a time- table for Nov. 2. Mayor Rosen advises of notation of certifica- 9/27/766 tion by Dade Elections Supervisor of petition submitted by Mrs. Mildred Falk for 2 amendments to the City Charter. City Atty. advises that it is too late for 11/2/76 election ballot; that Special Election would be necessary. (P.29-30) Appearance by Mrs. Mildred Falk to discuss setting of date of election for referendum petition re: changing requirements for issu- ance of bonds, etc. Certificate presented. 10/6/76 ELECTIONS 98 (continued) Date City Atty. advised that special election must be called. (NO DATE DETERMINED.) City Atty. advised that other matters could be placed on a special election ballot. With respect to discussion as to effect of Charter Amendment proposed by Mrs. Faik's petition (limiting amount of bonds, revenue, general obligation,etc., that can be issued by City without referendum) on MB Redevelopment Agency, if they put out revenue bonds, City Atty. indicated that MB Re- development e-development Agency was not affected...that it was a separate agency under State Law. Councilman Meyerson requested City Atty. to get an opinion for Atty. General as to whether or not the Agency's powers would be affected by this amendment. 10/6/76 ELECTIONS Mrs. M. Falk request re: draft of proposed Charter Amendments to be placed on ballot of proposed Special Election. Deferred to Nov. 24, 1976. Mrs. M. Falk, request re: draft of proposed Charter Amendments to be placed on ballot of proposed Special Election, (deferred from 11/3/76). Council agreed to call a special election on March 8, 1977. Administration directed to arrange a special meeting of Coun- cil, with members of Charter Review and Re- vision Brd. to be present, to discuss any other matters to be placed on the ballot. 99 Date 11/3/76 11/24/76 ELECTIONS 100 Date Discussion of limiting campaign expenditures for 11/2 /76 Councilmen and Mayor to one year's salary ($6000 for Councilmen; $10,000 for Mayor). Requested by Councilman Dr. Wikler. Deferred to 12/8/76. Mrs. M. Falk appeared to continue her discussion 12/9/76 of proposed charter amendments to be placed on ballot of proposed special election. City Mgr. to expedite arrangement of Workshop session for review and consideration of any Charter amend- ments to be placed on ballot of special election set to be held March 8, 1977. Charter Review & Revision Brd. to be invited to attend. ELECTIONS 101 Date Discussion of limiting campaign expenditures 12/9/76 for Councilmen and Mayor to one year's salary ($6,000 for Councilmen and $10,000 for Mayor), (deferred from 11/24/76). Requested by Council- man Dr. Wikler. City Atty. advised that State and Federal laws have preempted the field of elections and campaign expenditures; however, he would research the law and submit a written report for the Jan. 5, 1977 meeting. Mrs. Mildred Falk to discuss special election 12/15/76 re: bond issues. Not reached. Following discussion, the following items were 1/5/77 determined by Council to be placed on the