050603minutes
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
City Clerk's Office
CharterReview@miamibeachfl.gov
Telephone 305-673-7411
Facsimile 305-673-7254
CITY CHARTER REVIEW BOARD
Minutes of May 6, 2003 Meeting
Board Members in attendance:
Chairman Steve lack
Vice-Chair Jonathan Beloff
Ricky Arriola, Esq.
Larry Herrup, CPA
Abraham Laeser, Esq.
Board Liaison Personnel
Jean Olin, Deputy City Attorney
Robert E. Parcher, City Clerk
Liliam R. Hatfield, Secretary to City Clerk
***
Meeting called to order at 5:30 p.m.
Chairman lack informed the Board Members that the City Commission had adopted Resolution 2002-25201 at its
April 30, 2003 meeting, amending Resolution 2003-25124, so as to enlarge its powers of review to include the
City's Related Special Acts portion of the City Code.
I. APPROVAL OF MINUTES
ACTION: Motion made by Vice-Chair Beloff; seconded by Member Herrup to approve the minutes
of the meeting of April 23, 2003. Vote: 5-0. Absent: Members Diaz and Gelber.
II. ISSUES FOR DISCUSSION
1. BILL OF RIGHTS
A) Diversity
Chairman lack spoke regarding the Human Rights Ordinance in existence in Miami Beach. Donald
Papy, Chief Deputy City Attorney, explained that this ordinance addresses anti-discrimination areas
in a broad sense, including government service, which protects the citizens from discrimination on
race, color, national origin, religion, sex, sexual orientation, disability, marital status, familial status
or age. The proposal is to add some form of protection in our Citizen's Bill of Rights. He
suggested inserting the following language in (a), immediately preceding the words "... the
following rights are guaranteed": "regardless of race, color, national origin, religion, sex, sexual
orientation, disability, marital status, familial status or age..."
Vice-Chair Beloff suggested adding language "to not discriminate" before language which reads
"based upon race, religion, etc.
Member Herrup requested the section of the Bill of Rights and suggested language to be included
in the form of a draft for Board Members' deliberation.
Morris Sunshine suggested removing "other non-merit factors" from the language. Vice-Chair
Beloff asked to have the revised language available at the next meeting removing "other non-merit
factors. "
B) Sunshine Law
Jean Olin explained that the Florida Constitution has a section that guarantees citizen's right to be
present at meetings in which formal action is to take place, and although that language is not
presently in the City's Bill of Rights, in essence is applicable to this municipality as well, whether in
the Charter or not. It is mandated by State Statute.
C) Customer Service Plan
Jorge Gonzalez, City Manager, explained the City's efforts in ensuring Customer Service and
suggested that rather than including a long-term Departmental plan in the Charter, as suggested by
Member Herrup, to have a policy/plan with flexibility as to amend accordingly when necessary.
Chairman Zack suggested adding to the preamble of the Bill of Rights that customers are treated
with respect and in a fair manner.
Mike Burke spoke.
D) Natural Resources and Scenic Beauty
AI Childress, Code Enforcement Director, explained the City's efforts towards ensuring compliance
of Miami-Dade County noise ordinance to prevent problems with excessive noise. Discussion held.
Jean Olin, Deputy City Attorney, stated that the Code Enforcement Department complies with
Miami-Dade County noise ordinance.
Dr. Morris Sunshine spoke.
2. MISCELLANEOUS
A) Telephonic Participation
Member Laeser suggested changing the word "telephonic" to 'electronic" due to the changes and
advances in technology. Discussion held. Jean Olin, Deputy City Attorney explained the Attorney
General's opinion on this subject and suggested amending Chapter 2 of the City Code if there is a
supermajority vote from the Members. Chairman Zack requested Deputy City Attorney Jean Olin to
report back at the meeting of May 13, as of the procedure to request an opinion from the Attorney
General, regarding the electronic participation of this committee as long as the quorum is present.
B) Conflict of Interest
Vice-Chair Beloff, proposer of this issue, stated that after reviewing the City, County and State
Statutes, he felt that there was no need to expand the Charter and withdrew this item from the
agenda.
Robert Meyers, Executive Director, Miami-Dade Commission on Ethics, spoke.
PUBLIC COMMENTS:
There was a good and welfare where the public was provided an opportunity to speak.
Chairman Zack stated that the items for the next agenda would include:
1) Election Reform
a. Runoff Election
b. Residency Requirement
c. Change Election Date to Even Years
2. Zoning Reform
a. Sec. 1.03 (b)
b. Sec. 1.03 (c)
c. ZBA - 5 to 7
III. ADJOURNMENT
Meeting adjourned at 7:30 p.m.
The next meeting is scheduled May 13, 2003 at 5:30 p.m. in the Commission Chambers.
REP:JO/lh
2
Prepared by the City Clerk's Office
M:\$CMB\CITYCLER\CHARTER\05May 6, 2003\0506agenda\May 6, 2003 meeting minutes. doc