061003minutes
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 June 10, 2003 Meeting DRAFT
Board Members in attendance:
Chairman Steve Zack
Vice-Chair Jonathan Beloff
Ricky Arriola, Esq.
Victor Diaz, Esq.
Seymour Gelber
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 4:46 p.m.
Chairman Zack explained the voting process and stated that issues receiving less than five (5) votes should be deferred to the
next meeting. Motion was made by Vice-Chair Beloffto amend voting procedures; seconded by Member Gelber. Vote: 5-0;
Absent: Members Herrup and Laeser.
Mr. Kent Harrison, Attorney representing CWA, Communications Workers of America, issued an objection to the voting
procedure.
I. APPROVAL OF MINUTES
ACTION: Motion made by Vice-Chair Beloff, seconded by Member Diaz to approve the minutes of May 29,2003.
Absent: Members Herrup and Laeser.
II. ISSUES FOR DISCUSSION
1. BILL OF RIGHTS
A) Diversity
Motion made by Member Diaz, seconded by Vice-Chair Beloff to recommend to the City Commission to place
before voters an amendment to the Bill of Rights to include language
. Vote: 5-0; Absent: Members
Herrup and Laeser.
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."
No motion offered to move second paragraph.
B) Sunshine Law
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.)
No motion was made.
C) Customer Service Plan
No motion was made.
D) Natural Resources and Scenic Beauty
Motion made by Member Diaz to recommend to the City Commission to add to the Charter the followin
Ian ua e:
seconded by Vice-Chair Beloff. Vote: 5-0; Absent: Members Herrup and Laeser.
ADDITIONAL ITEMS
E) Cost and fees
(C) Remedies For Violations. In Any Suit By A Citizen Alleging A Violation Of This Bill Of Rights
Filed In The Dade County Circuit Court Pursuant To Its General Equity Jurisdiction, The Plaintiff, If Successful,
Shall Be Entitled To Recover Costs As Fixed By The Court. Any Public Official Or
Employee Who Is Found By The Court To Have Willfully Violated This Article Shall Forthwith Forfeit His Office
Or Employment.
Motion made by Member Diaz, seconded by Vice-Chair Beloff to recommend to the City Commission to
amend Section C of the Bill of Rights, assuming thatthe City Attorney's Office issues a written opinion thatthis
can be done unilaterall that we recommend to the Commission amendin this section to include the
followin :
and Laeser.
Chairman Zack stated that although this may have economic consequences to the City, many citizens have
expressed that they do not on occasions have the right to access government in the way they deem
appropriately, and this gives them an opportunity to do so.
ITEM DEFERRED
F) Preamble
Vice-Chair Beloff
Attorney's Office to prepare language relating to
*Note: This was referenced during discussions regarding the Customer Service Plan.
2) FORM OF GOVERNMENT/COMMISSION POWERS
A) Strong Mayor (Ch. ~1.01)
Chairman Zack summarized the issues discussed previously. Discussion held.
Jorge Gonzalez, City Manager, spoke regarding the process of placing items on the agenda.
No motion made.
ITEM DEFERRED
B) Increase Mayor's Term (Ch. ~2.02)
Motion made by Member Gelber; seconded by Member Arriola to increase the term of office from two (2) to
four (4) years, with the term limit to be changed from six (6) consecutive years to eight (8) consecutive years.
Discussion held.
Member Diaz requested background information from Legal as to when the term changed from four to two
years. Vote: 4-1; Opposed: Member Diaz. Absent: Members Herrup and Laeser.
ITEM DEFERRED
C) Increase Salaries/Extending the prohibition against lobbying - Good government (Ch. ~2.02)
Member Diaz requested specific language on how long the lobbying prohibition will be, what the scope ofthe
prohibition will be and the salary specifics. Discussion held.
Jean Olin, Deputy City Attorney, explained the current regulations.
Member Diaz made a motion to defer this item for further definition.
D) Delete Subpoena Power Par. 3 (Ch. ~2.03)
Motion made by Member Gelber, seconded by Member Diaz to recommend to the City Commission to delete
City Charter Sec 2.03 "Powers of Commission" granting the Commission power to issue subpoenas. Vote: 5-
0; Absent: Members Herrup and Laeser.
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3) ELECTION REFORM
A) Runoff Election (Ch. ~ 2.01)
Motion made by Vice-Chair Beloff, seconded by Member Diaz to recommend to the City Commission
changing the runoff election from one (1) week after the General Election to two (2) weeks after General
Election. Vote: 5-0; Absent: Members Herrup and Laeser.
B) Residency Requirement (Ch. ~ 6.03)
Motion made by Vice-Chair Beloff; seconded by Member Diaz, to recommend to the City Commission to
increase residency requirements to one year prior to the date of qualifying for office. Vote: 5-0; Absent:
Members Herrup and Laeser.
ITEM DEFERRED
C) Change Election Date to Even Years (Ch. ~ 2.01)
Review Of General Election/Runoff Dates-Changing Election Dates From Odd-Numbered Years To Even-
Numbered Years For Purposes Of Achieving Greater Voter Turnout.
Chairman Zack gave a brief overview of the discussion held previously.
Member Diaz made a motion to defer this item.
4) ZONING REFORM
A) Section 1.03 (b) Waterfront Property
Presentation made by Jorge Gomez, Planning Director.
Motion made by Member Diaz; seconded by Vice-Chair Beloff to recommend to the City Commission that
Vote: 5-0; Absent: Members Herrup and Laeser.
ITEM DEFERRED
B) Section 1.03 (c ) FAR
Review Of City Charter Section 1.03 (C) Regarding Referendum Requirement Prior To Increase In Floor Area
Ratio ("FAR") Of Certain Waterfront Property.
Oral report given by Gary Held, First Assistant City Attorney.
C) Zoning Board of Adjustment - 5 to 7
Motion made by Vice-Chair Beloff, seconded by Member Gelber to recommend to the City Commission to
. Vote: 5-0; Absent: Members Herrup and Laeser.
Member Diaz asked clarification regarding zoning variances.
Jorge Gomez, Planning Director, explained what variances are being sought and obtained.
5) CITY MANAGER/ADMINISTRATIVE CHANGES
ITEM DEFERRED
A) Department Directors Not Confirmed by Commission - Sec. 4.02 (b)
Amend Charter Provision Concerning "Power Of City Manager" So As To Delete Requirement That City
Commission Confirm The Appointment Of Department Directors.
Motion made by Member Diaz; seconded by Vice-Chair Beloff. Discussion held.
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B) City Manager and Administrative Organization - Sec 4.02 (i)
Motion by Member Diaz to recommend to the City Commission to
contracts and agreements in which the City is a party subject to the
approval of the City Commission.
Jean Olin, Deputy City Attorney, stated that Section 3.01 (b) of the City Charter presently imposes a duty upon
the City Attorney "to prepare or review all... contracts... and other matter instruments in which the municipal is
concerned, and shall endorse on each his/her approval of the form, language, and execution therefore of."
Jorge Gonzalez, deleting words "of the City Attorney" and
leaving language Amendment accepted by Member
Diaz; seconded by Vice-Chair Beloff. Vote: 5-0; Absent: Members Herrup and Laeser.
New language Sec. 4.02 (i)
To negotiate all contracts and agreements in which the City is a party subject to the approval of the
City Commission.
"To negotiate all
the City Attorney and
C) Amend Charter to Consider Long-Term Economic Impact When Adopting Resolutions and Allocating
Funds. (Sec 5.02)
Amend Charter To Include Wording That Would Require The Mayor And City Commission When Adopting
Resolutions And Allocating Funds To Consider The Long Term Economic Impact (At Least 5 Years) At A
Threshold Level To Be Determined (As A Percentage Of Budget).
Motion made by Member Diaz; seconded by Vice-Chair Beloff. Vote: 5-0; Absent: Members Herrup and
Laeser.
D) Art. II. Public Library
Motion made by Member Diaz; seconded by Vice-Chair Beloff; to delete article. Vote: 5-0; Absent: Members
Herrup and Laeser.
E) Art. III Sec. 7 - Municipal Projects
Motion made by Member Diaz; seconded by Vice-Chair Beloff; to delete article. Vote: 5-0; Absent: Members
Herrup and Laeser.
ITEM DEFERRED
F) Art. IV. Civil Service System (Sec. 9)
Certain officers and employees constituted civil service employees.
ITEM DEFERRED
G) Art. IV. Personnel Board (Sec. 12)
Member Diaz suggested that Administration sit with the Union representatives and discuss their proposals.
ITEM DEFERRED
H) Health Plan for city officers and employees (Ch. Art V)
6) MISCELLANEOUS
ITEM DEFERRED
A) Telephonic/Electronic Participation
Authorize Telephonic/Electronic participation of board members.
PUBLIC COMMENTS:
There was a good and welfare where the public was provided an opportunity to speak.
Richard McKinnon, CWA President, spoke regarding items F, G and H in references to two letters received via email
on May 29,2003.
Motion made by Member Diaz to invite all City Unions to the next CRB meeting.
David Noel, Local 151 0, spoke regarding Personnel Board issues.
Chairman Zack proposed considering an ombudsman for the citizens of the City to access government which will be helpful in
allowing better communication between the citizens and government.
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III. ADJOURNMENT
Meeting adjourned at 7:30 p.m.
The next meeting is to be scheduled in July. The City Clerk's Office Secretary will coordinate final schedule date.
Handout Reference Material: Letter from Murray H. Dubbin, City Attorney addressed to Chairman and Members, Charter
Review Committee dated May 29,2003, Re: Charter Review Committee Requests for Information from City Attorney's Office
REP:JO/lh
Attachment: Sign-In Sheet
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