040903minutes
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
City Clerk's Office
Telephone 305-673-7411
Facsimile 305-673-7254
CITY CHARTER REVIEW BOARD
Minutes of April 9, 2003 Meeting
Board Members in attendance:
Chairman Steve Zack, Esq.
Vice-Chair Jonathan Beloff, Esq.
Ricky Arriola, Esq.
Victor Diaz, Esq
Honorable Seymour Gelber, Esq
Larry Herrup, CPA
Board Liaison Personnel
Jean Olin, Deputy City Attorney
Robert E. Parcher, City Clerk
Maria E. Martinez, Assistant City Clerk
Liliam R. Hatfield, Secretary to City Clerk
Meeting called to order at 5:45 p.m.
I. APPROVAL OF MINUTES
Board members unanimously agreed that the draft minutes of the March 18,2003 meeting would be submitted in the April 23
meeting agenda for approval. Motion made by Member Diaz; seconded by Member Herrup. Vote: 6-0 Absent: Member
Laeser.
II. PRELIMINARY PROCEDURAL MATTERS
A) Changing Status of Board from Ad Hoc to Permanent/Standing
Pursuant to the request of Chairman Zack, discussion was held regarding the issue of enlarging the Board's
scope of review to include the City's Related Special Acts and City Code, as well as the City Charter. Chairman Zackfurther
raised the issue of changing the Board status from ad hoc to a permanent, standing Board.
ACTION: Motion by Member Diaz; seconded by Vice-Chair Beloff, to have the City Attorney prepare a resolution of
the Charter Review Board (CRB) to present to the City Commission at its April 30th meeting requesting
enlargement of scope of review of CRB -- the issue of changing the Board from ad hoc to a permanent, standing
Board was tabled, pending completion of the present members' terms. Vote: 6-0. Absent: Member Laeser.
B) Advertising
ACTION: Motion made by Member Diaz; seconded by Member Herrup to have City Attorney prepare a notice of
procedures adopted by the CRB related to the CRB submission of issues process (as set forth above in 11(0)
hereinbelow). This notice is to be included in the City water bills' mailing, Channel 20, and mailed to homeowners
associations and civic organizations. Public meetings are to be further advertised and posted on thewebsite. Vote:
6-0. Absent: Member Laeser.
ACTION: Motion made by Member Diaz; seconded by Vice-Chair Beloff, to send a Resolution to the City
Commission to allocate sufficient funds so as to place advertisements in the Miami Herald local Neighbors section,
The SunPost and one Spanish newspaper, explaining Board procedures, schedule of public meetings, and
agenda. Vote: 5-1. Opposed: Member Arriola. Absent: Member Laeser.
Amendment: Member Herrup offered an amendment to the motion requesting the City Manager to appropriate
interim funds for advertisement of public notices for the April 23rd, 2003 CRB meeting (until the April 30th, 2003 City
Commission consideration of resolution.) Amendment accepted by Member Diaz.
C) Schedule of Meetings
ACTION: Motion made by Vice-Chair Beloff; seconded by Member Arriola to change the location of April 23rd,
2003 meeting from the Commission Chambers to the Mayor's Conference Room, with the May 6th, 2003, May 13th,
2003 and May 29th, 2003 meetings to be televised in the Commission Chambers. Vote: 6-0. Absent: member
Laeser.
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D) 1.) Preliminary Process re: Issue Consideration
ACTION: Motion made by Member Diaz; seconded by Vice-Chair Beloffto require a preliminary vote of a majority of
the CRB prior to the CRB's discussion of any issue-- this motion was amended by Member Gelber to substitute 3
votes of the Board instead of majority Board vote. Amendment accepted. Vote: 6-0. Absent: Member Laeser.
ACTION: Motion made by Member Herrup; seconded by Vice-Chair Beloff, that supermajority vote (5/7th)of Board
be required in order to submit any Board recommendation to the City Commission. Vote: 4-2. Opposed: Members
Arriola and Diaz. Absent: Member Laeser.
2.) Preliminary Vote re: Issue Consideration
Pursuant to the Board's process (set forth in 11(0)1 above), the following action was taken:
a) Issues to be discussed:
.:. Change runoff election date from one (1) week after general election, to two (2) weeks after general
election.
3 VOTES: Vice-Chair Beloff, Members Arriola and Diaz.
.:. Establish residence durational requirement (prior to qualifying for office) for Commission candidates.
(This proposal also suggests residence requirement for elected officers during term of office.)
3 VOTES: Vice-Chair Beloff, Members Diaz and Herrup .
.:. Change form of government from City Manager to "Strong Mayor."
3 VOTES: Members Arriola, Gelber and Herrup .
.:. Increase Mayor's term of office from two (2) to four (4) years.
4 VOTES: Vice-Chair Beloff, Members Arriola, Diaz and Herrup.
.:. Authorize telephonic participation of board members.
3 VOTES: Chairman Zack, Vice-Chair Beloff and Member Herrup.
.:. Amend Citizen's Bill of Rights to include language expressing citizens' right to be free of all forms of
discrimination, including that based upon sexual orientation.
--Expand the Citizen's Bill of Rights relative to diversity and assurance of equal opportunity for
every resident. In addition, and for definition purposes, suggest the following anti-discrimination
language: "Discrimination shall mean violations of civil rights on account of race, color, religion,
creed, sex, national origin, ethnicity, age, disability or medical condition, political affiliation, sexual
orientation, ancestry, marital or domestic partners status, gender identity, parental status, other
non-merit factors, or any category provided for by ordinance."
3 VOTES: Vice-Chair Beloff, and Members Diaz and Herrup.
.:. Amend Citizen's Bill of Rights to include specific language which will ensure requirements of the
Sunshine Law (possibly identifying which meetings shall be public, etc).
3 VOTES: Members Arriola, Diaz and Herrup.
.:. Review of City Charter Section 1.03 (b) regarding referendum requirement prior to disposition of City-
owned waterfront property.
3 VOTES: Vice-Chair Beloff, Members Arriola and Diaz.
.:. Review of City Charter Section 1.03 (c) regarding referendum requirement prior to increase in Floor
Area Ratio ("FAR") of certain waterfront property.
4 VOTES: Vice-Chair Beloff, Members Arriola, Diaz and Herrup.
.:. Reforming duties and obligations of Mayor and City Commissioners, i.e.: increasing salaries of
elected officials with corresponding prohibition on lobbying City after leaving City service.
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3 VOTES: Vice-Chair Beloff, Members Arriola and Diaz.
.:. Review of general election/runoff dates-changing election dates from odd-numbered years to even-
numbered years for purposes of achieving greater voter turnout.
4 VOTES: Chairman Zack, Vice-Chair Beloff, and Members Diaz and Herrup.
.:. Delete City Charter Section 2.03 "Powers of Commission" granting the Commission power to issue
subpoenas.
3 VOTES: Vice-Chair Beloff, Members Arriola and Herrup.
.:. Amend section 2 of the City's Special Related Acts so as to increase CMB Zoning Board of
Adjustment from 5 to 7 members, and to change provision requiring 5/7 vote of City Commission for
appointment of ZBA members to 4/7 vote. (This issue was referred to the CRC by the City
Commission at its March 19, 2003 meeting, and is subject to expansion of CRC jurisdiction to be
considered by the Commission at its April 30, 2003 meeting.)
3 VOTES: Vice-Chair Beloff, Members Diaz and Herrup.
.:. Establish conflict of interest provisions and provide for penalties:
(a) "Conflict of Interest"- All elected officials, officers and employees of the City of Miami Beach
shall be subject to all state laws and City ordinances proscribing conflicts of interest and
incompatible activities. Any violation of such laws shall be official misconduct and shall be a basis
for discipline and/or removal, in addition to any other penalties prescribed by law."
(b) "Penalty for Official Misconduct- Any person found guilty of official misconduct shall forfeit his
or her office, and shall be forever after disbarred and disqualified from being elected, appointed or
employed in the service of the City."
(c) "Official Misconduct Defined- Any wrongful behavior by a public officer in relation to the duties
of his or her office, willful in its character, including any willful or corrupt failure, refusal or neglect
of an officer to perform any duty enjoined on him or her by law, or conduct that falls below the
standard of decency, good faith and right action impliedly required of all public officers".
4 VOTES: Chairman Zack, Vice-Chair Beloff, Members Diaz and Herrup.
.:. Establish procedures for "Customer Service Plan", as adopted by the City of San Francisco, reading
substantially as follows:
"Each Department of the City shall adopt an annual Customer Service Plan, in a format to be
determined by the City Commission by ordinance. The Commission may excuse a Department from
particular requirements of the ordinance where compliance would be inappropriate or impractical.
Each Department shall file its Customer Service Plan with the City Commission no later than January 1
of each year, along with a report on how the Department met the previous year's Plan, if any."
3 VOTES: Vice-Chair Beloff, Members Diaz and Herrup.
.:. Amend Charter provision concerning "Power of City Manager" so as to delete requirement that City
Commission confirm the appointment of department directors.
3 VOTES: Vice-Chair Beloff, Members Diaz and Herrup.
.:. Amend Citizen's Bill of Rights to include language regarding "Natural resources and scenic beauty".
4 VOTES: Chairman Zack, Vice-Chair Beloff, Members Diaz and Herrup.
b) Issues not accepted for discussion (no votes received):
.:. District representation - elect Commissioners by district
.:. South Pointe/City Center RDA's - separate & independent RDA Board
.:. Amending Citizen's Bill of Right re: right to be heard-(Deputy City Attorney Olin to contact issue
proponent Dr. Sunshine to inquire further)
.:. Election process re: paper ballots
III. MISCELLANEOUS
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Motion made by Member Diaz; seconded by Member Herrup to nominate Vice-Chair Beloffto form a subcommittee
of one for the purpose of drafting recommended grouping of issues for discussion to be voted upon by b
Board for approval. Vote: 6-0. Absent: Member Laeser.
IV. ADJOURNMENT
Meeting adjourned at 7:45 p.m.
The next meeting is scheduled for April 23, 2003 at 5:30 p.m. in the Mayor's Conference Room.
Attachment: Sign-In Sheet
Minutes approved April 23, 2003
REP:JO/lh
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