120803minutes
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 December 8, 2003 Meeting
Board Members in attendance:
Chairman Steve Zack
Vice-Chair Jonathan Beloff
Board Member Ricky Arriola
Board Member Victor Diaz
Board Member Larry Herrup
Board Member Abraham Laeser
Board Member Seymour Gelber
Board Liaison Personnel
Jean Olin, Deputy City Attorney
Robert Parcher, City Clerk
Liliam R. Hatfield, Secretary to City Clerk
***
Meeting called to order at 6:00 p,m,
Roll call: All members present.
I. APPROVAL OF MINUTES OF NOVEMBER 6, 2003
ACTION: Motion made by Vice Chair Beloff; seconded by Member Diaz to adopt the minutes of November 6,2003
with the following amendments:
1) Roll Call: Chairman lack requested that the roll call reflect only the absence of Member Gelber, since Member
Arriola and Chairman lack arrived at the meeting late,
2) Zoning Reform Section 1.03(c) FAR: 2nd par., 2nd line, Member Diaz amended language to read: .., In the City
Charter to all other properties in the City; ""
3) NEW ITEM: Member Diaz amended language to the 2nd line of the paragraph to read ..,Chairman lack discuss
the proposed creation of the Blue Ribbon Committee....
Blue Ribbon Committee on Campaign Finance Reform -
Chairman lack informed the Board Members that he spoke to Commissioner Garcia and Jean Olin, Deputy City
Attorney, regarding the Campaign Finance legislation and informed the Board that the City Commission has opted not
to pursue the idea of creating a separate Blue Ribbon Committee,
II. ISSUES FOR DELIBERATION:
1. ZoninQ Reform Section 1.03 eel FAR
Chairman lack made reference to a letter from City Attorney Murray Dubbin, dated December 10, 2003,
included in the CRB Agenda as Informational Material.
Debora Turner, First Assistant City Attorney, briefly explained the contents of the letter and the Bert J, Harris Act.
Motion made by Member Diaz; seconded by Vice-Chair Beloff, to amend the first portion of the proposed ballot
question to read:
AMENDING CHARTER SECTION 1,03 (c) RE: VOTER APPROVAL PRIOR TO FLOOR AREA INCREASE
SHALL CHARTER SECTION 1,03 (c) REQUIRING VOTER APPROVAL BEFORE FLOOR AREA RATIO MAY
BE INCREASED ON PROPERTIES ^DJ/\CENT TO SPECIFIED W/\TER BODIED ADJACENT TO THE f
ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY~ BE EXPANDED /\MENDED
TO DELETE L^NGU^GE REFERENCING SUCH W^TERBODIES, THEREBY EXP/\NDING THE
REQUIREMENT OF VOTER APPROVAL TO APPLY TO ALL ^PPLlC^BLE PROPERTIES WITHIN CITY
LIMITS; ..,
Vote: 7-0, Discussion continued,
Charter Review Board Minutes
December 8, 2003
Page 2
Motion made by Member Diaz; seconded by Vice-Chair Beloff to amend the second portion of the language as
follows:
"" EXEMPTING DIVISION OF LOTS, OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON UNIFIED
ABUTTING PARCELS (OTHERWISE PERMITTED BY ORDINANCE), AND CERTAIN SETTLEMENTS OR
DEVELOPMENT AGREEMENTS.. AND SETTLEMENT OF ANY CLAIMS ON WHICH THE CITY HAS BEEN
NOTIFIED AS OF DECEMBER 1 0, 2003,
Vote: 7-0,
Jorge Gomez, Planning Director spoke, Discussion continued,
Member Diaz suggested that, if the City Commission is not receptive to the proposed exemptions, an alternative
proposal would be to require supermajority vote (5/7) of both the Planning Board and the City Commission,
2. ZoninQ Reform Section 1.03 (b) Alienabilitv of Public Owned lands
Member Diaz summarized the discussion from the November 6, 2003 CRB meeting regarding this issue,
Jorge Gomez, Planning Director, spoke regarding the city owned properties, which include the Altos del Mar
parking lot, the Convention Center parking lot, Lincoln Road parking lot, 72nd and Collins parking lot and other
small lots in the South Pointe area,
Chairman Zack stated that 2% of the entire city is presently not covered,
Vice-Chair Beloff expressed his opposition to any amendments to this section, and stated that he is confidentthat
the City Commission, Planning Department and preservationists will make the appropriate decisions for these
properties, He added that waterfront properties should be preserved, but not small portions of City owned
properties, Discussion continued,
Gary Held, First Assistant City Attorney, spoke,
Motion made by Member Diaz; seconded by Member Laeser, to send back the original recommendation deleting
the reference to public purpose, adding an exception for alleyways and incidental encroachments not to exceed
500 square feet, and clarifying that city property includes, but is not limited to, land water and air rights as well.
Voice vote: 5-2, Opposed: Vice-Chair Beloff and Member Arriola, This item will be presented to the City
Commission at the December 10,2003 Commission Meeting, time certain 2:45 p,m,
Chairman Zack briefly explained the informational materials under 7/30103 Afteraction, which lists the four ballot
questions to be presented at the Commission Meeting of 12/10 regarding the Bill of Rights, City Manager's
Powers, Section 4,02 (i), Budget & Finance Art V and Related Special Acts, Art II and III, Public Library and
Municipal Projects,
w. ADJOURNMENT
Meeting adjourned at 7:05 p,m,
The next meeting is to be scheduled early in January 2004, The City Clerk's Office Secretary will coordinate a final
schedule date,
REP:JO/lh
Attachment: Sign-In Sheet
2
Prepared by the City Clerk's Office
M:\$CMB\CITYCLER\CHARTER\13 Dee 8, 2003\minutes\December 8, 2003 meeting minutes apprvd.doc