CAO 99-11
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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
C.A.O. NO. 99-11
TO:
SUBJECT:
Sergio Rodriguez
City Manager
Murray H. Dubbin . . .I11,/V
City Attorney ~ ~~.
Referendum / Primary Learning Center
C.M.O. NO. 5-5/99
FROM:
DATE:
May 20,1999
As you know, our office has been working closely with members of the Administration to
facilitate the proposed construction of a Primary Learning Center (PLC) at Biscayne Elementary
School. One of the proposed sites for the PLC is the Tatum Waterway site, which is jointly owned
by the City and the School Board, with the express provision that the parties use the site for park and
recreational purposes. The property is also zoned ROS - Recreation Open Space.
As the Tatum Waterway site is the preferred site (by both the City and the School Board) for
the construction of the PLC, the conveyance of the City's one-half interest in the property to the
School Board necessarily activates Section 1.03(b) of the Miami Beach Charter, which requires that
any sale, exchange, conveyance or lease of five (5) years or longer (including option periods) of
park, recreation, or waterfront property in the City of Miami Beach, while it is being used for such
public purpose, must be approved by a majority vote of the voters in a Citywide referendum.
In researching the issue further, our office was asked whether the proposed conveyance
would also trigger a Countywide referendum, pursuant to Article VI of the Miami-Dade County
Charter (The Save Our Parks Ordinance), requiring a Countywide referendum for proposed non-park
uses of park property. Pursuant to Section 6.02(1) therein, "mini" and "neighborhood" parks are
exempt from the referendum requirement, except that they may not be leased or disposed of unless
a majority of the residents residing in voting precincts any part of which is within one (1) mile of
the park authorize a proposed sale or lease by majority vote at an election (This requirement would
essentially be satisfied by the Citywide referendum which our office has opined is already required.)
As Article VI of the County Charter provides no definition for "mini" or "neighborhood"
parks, our office contacted Hugo Benetiz of the County Attorney's Office, who directed us to Section
33(H) of the Miami-Dade County Code, the "Park Impact Fee Ordinance", which provides the
following definitions:
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(dd) "Mini Park" means a County park which has small passive
open space areas typically less than one acre in size. Mini
Parks area usually located in densely populated areas, provide
open space amenities unavailable elsewhere in the vicinity,
and function for substitutes for private yards in residential
areas. Mini Parks provide a. place for relaxation,
socialization, recreation, and can also be found along some
main traffic arteries where the function as roadway
beautification areas.
*
*
*
(ft) "Neighborhood Park" means a County park which is typically
from one (1) to ten (10) acres in size and considered a "walk
to" facility. Neighborhood Parks contain open play fields,
landscaping, and limited recreational facilities (back stops,
courts, or tot lots) but do not contain a recreation center or
program staff.
According to principles of statutory construction, the aforestated definitions would apply to a City
park issue -- using these definitions, the Tatum Waterway site would be classified as a
"Neighborhood Park" and would therefore be exempt from a Countywide referendum, pursuant to
Section 6.02(1) of the County Charter.
Therefore, our office has determined that a Countywide referendum is not required prior to
conveyance of the City's interest in the Tatum Waterway site to the School Board, for construction
of the proposed PLC. Notwithstanding the foregoing however, a Citywide referendum is required,
pursuant to the aforestated provisions of the City Charter. Accordingly, I would recommend that
our office be directed to draft a resolution calling for a Special Election in order to submit the
proposed ballot question to the electorate.
Should you have any questions, please feel free to contact me.
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F:IA TTOIAGURICAOI99-II.CAO
cc: Commissioner Jose Smith
Jean K. Olin, Deputy City Attorney
Christina M. Cuervo, Assistant City Manager
Janet Gavarette, Assistant City Manager
Maria Ruiz, Director of Office of Children's Affairs
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