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Resolution 2019-30899RESOLUTION NO. 2019.30899 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 5, 2019 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER, EFFECTIVE WITH THE CITY'S NOVEMBER 2021 GENERAL ELECTION, CITY CHARTER SECTIONS 2.01 AND 2.02 SHOULD BE AMENDED TO: INCREASE MAYOR'S TERM FROM TWO TO FOUR YEARS; CHANGE MAYOR'S TERM LIMIT FROM THREE TWO -YEAR TERMS TO TWO FOUR -YEAR TERMS; RETAIN CHARTER'S RETROACTIVE MEASUREMENT AND CALCULATION PROVISIONS; AND PROHIBIT PERSONS FROM SERVING AS MAYOR FOR MORE THAN EIGHT YEARS (PERIOD INCLUDING YEARS PREVIOUSLY SERVED AS MAYOR), EXCEPT TO COMPLETE A TERM, ONE -HALF OF WHICH HAS BEEN SERVED. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 5, 2019, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami -Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County Election Officials.' 1 Pursuant to City Code section 38 -3(b): "The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." SECTION 4. Not Tess than thirty days' notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 5TH DAY OF NOVEMBER, 2019, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: City Charter Sections 2.01 and 2.02: Increasing Mayor's Term and Changing Mayor's Term Limit Effective with City's November 2021 General Election, shall Charter Sections 2.01 and 2.02 be amended to: • Increase Mayor's term from two to four years; • Change Mayor's term limit from three two -year terms to two four -year terms; • Retain Charter's retroactive measurement and calculation provisions; • Prohibit persons from serving as Mayor for more than eight years (period including years previously served as Mayor), except to complete a term, one - half of which has been served? Yes No Said Notice shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on November 5, 2019, hereby called, shall be in substantially the following form, to -wit: "OFFICIAL BALLOT" City Charter Sections 2.01 and 2.02: Increasing Mayor's Term and Changing Mayor's Term Limit Effective with City's November 2021 General Election, shall Charter Sections 2.01 and 2.02 be amended to: • Increase Mayor's term from two to four years; • Change Mayor's term limit from three two -year terms to two four -year terms; • Retain Charter's retroactive measurement and calculation provisions; • Prohibit persons from serving as Mayor for more than eight years (period including years previously served as Mayor), except to complete a term, one - half of which has been served? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. The Miami -Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 7, 2019. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami -Dade County Elections Department. All questions concerning voter registration should be directed to the Miami -Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305) 499 -VOTE (8683). SECTION 9. That voters participating via a vote -by -mail ballot in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to such voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami -Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami -Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of this Resolution or of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said Resolution or ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 17 day of 1/1 ATTEST: Jti(-7 1 iI 2 chi q RAF EL E. GRANADO CITY CLERK , 2019. DAN GEL MAYOR (Requested by Commissioner John Elizabeth Aleman) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION rt Cfty Attorney Date CITY OF MIAMI BEACH CHARTER SECTIONS 2.01 AND 2.02: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT- - NOVEMBER 5, 2019 SPECIAL ELECTION I. BALLOT QUESTION: City Charter Sections 2.01 and 2.02: Increasing Mayor's Term and Changing Mayor's Term Limit Effective with City's November 2021 General Election, shall Charter Sections 2.01 and 2.02 be amended to: • Increase Mayor's term from two to four years; • Change Mayor's term limit from three two -year terms to two four -year terms; • Retain Charter's retroactive measurement and calculation provisions; • Prohibit persons from serving as Mayor for more than eight years (period including years previously served as Mayor), except to complete a term, one - half of which has been served? II. PROPOSED AMENDED CITY CHARTER TEXT: City of Miami Beach Charter, Section 2.01: "Number and selection." The City Commission shall consist of six (6) City Commissioners and a Mayor who shall be elected at large. Each City Commissioner shall be a qualified elector of the City. City Commissioners shall be elected for groups numbered and designated I —VI. No candidates for the office of Commissioner shall be permitted to qualify for more than one (1) group, or for the office of Mayor. Commissioners in groups numbered I, II and III shall be elected at the general election to be held on the first Tuesday in November 1997 for a term of four (4) years and at each general election each four (4) years thereafter. Commissioners in groups numbered IV, V, and VI shall be elected at the general election to be held on the first Tuesday in November 1995 for a term of four (4) years and at each general election each four (4) years thereafter. Commencing with the City's general election in 2021, Tthe Mayor shall be elected at the general election to be held on the first Tuesday in November 4-9135 for a term of four (4) years and at each general election each two (2) four (4) years thereafter. A candidate must receive a majority of the votes cast to be deemed elected. If no candidate receives a majority of the votes cast, there will be a runoff election between the two candidates in each group receiving the highest number of votes; should a tie result, the outcome shall be determined by lot. This runoff election shall occur two weeks from the date of general election. In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami Beach for the filling of a vacancy. City of Miami Beach Charter, Section 2.02: "Term, Term Limits and Compensation." Commencing with the City of Miami Beach's General Election in November 2021: (a) Tthe term of office of the Mayor shall be two (2) four (4) years. The term of office of the City Commissioners shall be remain at four (4) years. (b) Subject to subsection (c) below, tThe lifetime term limit for Miami Beach Commissioners and for Mayor shall be two four -year terms and the lifctime term limit for Miami respectively, all terms to be measured retroactively from their first elections said terms not including time served as a member of the City of Miami Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach Charter so long as such time served in filling a vacancy does not exceed 50% of that subject term. Service by a Commission member in excess of 50% of any term of office shall be considered a full term for purposes of the term limit provisions in this section. (c) For purposes of implementing the provisions of this Section and transitioninq to the amended Mayoral term /term limits set forth herein, a person elected to the office of Mayor may serve in such capacity fora combined maximum of eight years (said eight year maximum including years served as Mayor prior to November of 2021 and regardless of number of Mayoral terms previously served), subject to the proviso that any such person serving as Mayor who shall have served one -half of his /her term upon serving eight years as Mayor shall be entitled to complete that subject term; in the event such one -half of term has not been served, any remaining portion of said unexpired term shall be filled in accordance with Charter section 2.07. (d) The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($10,000.00); any increase in salary for Mayor and /or Commissioner shall require approval of a majority of the electorate voting at a City election. MIAMI BEACH Resolutions - R7 J COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: July 17, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 5, 2019 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER, EFFECTIVE WITH THE CITY'S NOVEMBER 2021 GENERAL ELECTION, CITY CHARTER SECTIONS 2.01 AND 2.02 SHOULD BE AMENDED TO: INCREASE MAYOR'S TERM FROM TWO TO FOUR YEARS; CHANGE MAYOR'S TERM LIMIT FROM THREE TWO -YEAR TERMS TO TWO FOUR -YEAR TERMS; RETAIN CHARTER'S RETROACTIVE MEASUREMENT AND CALCULATION PROVISIONS; AND PROHIBIT PERSONS FROM SERVING AS MAYOR FOR MORE THAN EIGHT YEARS (PERIOD INCLUDING YEARS PREVIOUSLY SERVED AS MAYOR), EXCEPT TO COMPLETE A TERM, ONE -HALF OF WHICH HAS BEEN SERVED. RECOMMENDATION Pursuant to the request of Commissioner John Elizabeth Aleman, the above - referenced Resolution is submitted for consideration by the Mayor and City Commission at the July 17, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description a Commission Memo Re Call Special Election, Sec. 2.01 & 2.02 Mayor's Term Limit a Reso Re Call Special Election, Sec. 2.01 & 2.02 Mayor's Term Limit Page 816 of 1502 OFFICE OF THE CITY ATTORNEY RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Dan Gelber Members of the City Commission Jimmy L. Morales, City Manager FROM: Raul J. Agulla, City Attorne DATE: July 17, 2019 SUBJECT: tOr A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 5, 2019 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER, EFFECTIVE WITH THE CITY'S NOVEMBER 2021 GENERAL ELECTION, CITY CHARTER SECTIONS 2.01 AND 2.02 SHOULD BE AMENDED TO: INCREASE MAYOR'S TERM FROM TWO TO FOUR YEARS; CHANGE MAYOR'S TERM LIMIT FROM THREE TWO - YEAR TERMS TO TWO FOUR -YEAR TERMS; RETAIN CHARTER'S RETROACTIVE MEASUREMENT AND CALCULATION PROVISIONS; AND PROHIBIT PERSONS FROM SERVING AS MAYOR FOR MORE THAN EIGHT YEARS (PERIOD INCLUDING YEARS PREVIOUSLY SERVED AS MAYOR), EXCEPT TO COMPLETE A TERM, ONE -HALF OF WHICH HAS BEEN SERVED. Pursuant to the request of City Commissioner John Elizabeth Aleman, the attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on November 5, 2019 for the purpose of submitting to the City's voters the following question: Effective with City's November 2021 General Election, shall Charter Sections 2.01 and 2.02 be amended to: • Increase Mayor's term from two to four years; • Change Mayor's term limit from three two -year terms to two four -year terms; • Retain Charter's retroactive measurement and calculation provisions; • Prohibit persons from serving as Mayor for more than eight years (period including years previously served as Mayor), except to complete a term, one - half of which has been served? This proposal seeks to amend the City's Charter by increasing the Mayor's term of Office from two years to four years and by changing the term limit for Mayor from three two -year terms to two four -year terms, thus increasing the maximum amount of time a person can serve as Mayor from 6 years to 8 years (subject to restrictions stated therein, including retroactive measurement of total number of years served, ensuring that no person shall serve for more than 8 years as Mayor, Page 817 of 1502 Commission Memorandum re: Ballot Question to Amend Mayor's Term July 17, 2019 Page 2 except to complete a term one -half of which has been served by the time such 8 years has been met). If adopted by the City's voters, this proposed change in Mayor's term /term limits will thus conform to the City Charter's existing term /term limit provisions presently applicable to City Commissioners. In order to allow for the implementation and orderly transition of this Charter change, this measure further specifies that 1) persons who have served as Mayor prior to November 2021 may serve as Mayor thereafter for a combined maximum of eight years, such period including numbers of years served as Mayor prior to November 2021; and 2) any such person serving as Mayor who shall have served one -half of his /her term upon serving eight years as Mayor shall be entitled to complete that subject term (and, in the event such one -half of term has not been served, any remaining portion of said unexpired term shall be filled in accordance with Charter section 2.07). Finally, it should be noted that today is the last regularly- scheduled meeting of the City Commission at which a Resolution may be adopted placing a ballot question on the City's November 5, 2019 ballot.' 1 NOTE: Should the City Commission wish, after today's meeting, to place a ballot measure on the November 5, 2019 ballot, such action could be taken no later than. September 6, 2019 at a Special Commission meeting (such deadline established by County Charter and County Elections Department). Page 818 of 1502 CITY OF MIAMI BEACH CHARTER SECTIONS 2.01 AND 2.02: PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTER TEXT- - NOVEMBER 5, 2019 SPECIAL ELECTION I. BALLOT QUESTION: City Charter Sections 2.01 and 2.02: Increasing Mayor's Term and Changing Manor's Term Limit Effective with City's November 2021 General Election, shall Charter Sections 2.01 and 2.02 be amended to: • Increase Mayor's term from two to four years; • Change Mayor's term limit from three two -year terms to two four -year terms; Retain Charter's retroactive measurement and calculation provisions; • Prohibit persons from serving as Mayor for more than eight years (period including years previously served as Mayor), except to complete a term, one - half of which has been served? II. PROPOSED AMENDED CITY CHARTER TEXT: City of Miami Beach Charter, Section 2.01: "Number and selection." The City Commission shall consist of six (6) City Commissioners and a Mayor who shall be elected at large. Each City Commissioner shall be a qualified elector of the City. City Commissioners shall be elected for groups numbered and designated I —VI. No candidates for the office of Commissioner shall be permitted to qualify for more than one (1) group, or for the office of Mayor. Commissioners in groups numbered I, II and III shall be elected at the general election to be held on the first Tuesday in November 1997 for a term of four (4) years and at each general election each four (4) years thereafter. Commissioners in groups numbered IV, V, and VI shall be elected at the general election to be held on the first Tuesday in November 1995 for a term of four (4) years and at each general election each four (4) years thereafter, Commencing with the City's general election in 2021, Tthe Mayor shall be elected at the general election to be held on the first Tuesday in November -1-995 for a term of four (4) years and at each general election each twe -(2) four (4) years thereafter. A candidate must receive a majority of the votes cast to be deemed elected. If no candidate receives a majority of the votes' cast, there will be a runoff election between the two candidates in each group receiving the highest number of votes; should a tie result, the outcome shall be determined by lot. This runoff election shall occur two weeks from the date of general election. In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami Beach for the filling of a vacancy. Page 823 of 1502 City of Miami Beach Charter, Section 2.02: "Term, Term Limits and Compensation." Commencing with the City of Miami Beach's General Election in November 2021: (a) Tthe term of office of the Mayor shall be two (2) four (4) years. The term of office of the City Commissioners shall be remain at four (4) years. (b) Subiect to subsection (c) below, tThe lifetime term limit for Miami Beach Commissioners and for Mayor shall be two four -year terms, and the lifetime term limit for Miami respectively, all terms to be measured retroactively from their first elections, said terms not including time served as a member of the City of Miami Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach Charter so long as such time served in filling a vacancy does not exceed 50% of that subject term. Service by a Commission member in excess of 50% of any term of office shall be considered a full term for purposes of the term limit provisions in this section. (c) For purposes of implementing the provisions of this Section and transitioninq to the amended Mayoral term /term limits set forth herein, a person elected to the office of Mayor may serve in such capacity for a combined maximum of eight years (said eight year maximum including years served as Mayor prior to November of 2021 and regardless of number of Mayoral terms previously served), subject to the proviso that any such person serving as Mayor who shall have served one -half of his /her term upon serving eight years as Mayor shall be entitled to complete that subject term; in the event such one -half of term has not been served, any remaining portion of said unexpired term shall be filled in accordance with Charter section 2.07. icn The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($10,000.00); any increase in salary for Mayor and /or Commissioner shall require approval of a majority of the electorate voting at a City election. Page 824 of 1502 MIAMI BEACH OFFICE OF THE CITY CLERK LTC No. 528-2019 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: October 2, 2019 SUBJECT:Final Precinct/Polling Place List For The November 5, 2019 Miami Beach General and Special Elections. Attached please find the final Precinct/Polling Place List for the November 5, 2019 Miami Beach General and Special Elections. Please note that Precinct 038, which is normally housed at the Veterans of Foreign War Post #3559, located at 650 West Avenue, was not available for this election and the registered voters will be relocated to Rebecca Towers, located at 200 Alton Road. F:\CLER\CLER\000_ELECTION\00000 2019 GENERAL & SPECIAL ELECTIONS\LTC\LTC Final Precinct Polling Place List for the November 5,2019 Miami Beach General and Special Elections. .docx MIAMI BEACH MIAMI BEACH GENERAL AND SPECIAL ELECTIONS NOVEMBER 5, 2019 MIAMI BEACH PRECINCT AND POLLING PLACE LIST Polling & Name Location Polling & Name Location Precinct Precinct Place No. Place No. 011.0/011.2 Biscayne 800 77 Street 030.0 Miami Beach 2000 Convention Elementary School Botanical Garden Center Drive 013.0 North Shore 7501 Collins Avenue ' 031.0 Miami City Ballet 2200 Liberty Branch Library Avenue 014.0 North Shore Park 501 72 Street 032.0 Miami Beach 227 22 Street Youth Center Regional Library 015.0 Normandy Shores 2401 Biarritz Drive 033.0 Miami Beach Senior 2231 Prairie Golf Club High School Avenue 018.0 Indian Creek Fire 6860 Indian Creek 036.0 Miami Beach Police 999 11 Street Station #4 Drive Athletic League 019.0 Normandy Park & 7030 Trouville 037.0 Miami Beach City 1700 Convention Pool Esplanade Hall Center Drive 020.0/020.1 Ronald W. Shane 6500 Indian Creek 038.0 T— Rebecca Towers 200 Alton Road Center Drive 023.0 Miami Beach Fire 5303 Collins Avenue 040.0 South Pointe 1050 4 Street Station#3 Elementary School 024.0 Nautilus Middle 4301 N. Michigan 041.0 South Shore 833 6 Street#2 School Avenue Community Center 025.0 St. Johns on the 4760 Pine Tree Drive 042.0 Feinberg Fisher K-8 601 14 Place Lake Methodist Center Church 028.0 Temple Beth 4144 Chase Avenue 043.0 Miami Beach Police 1100 Washington Sholom Department Avenue 029.0 North Beach 4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road Elementary School Please note that the above list is subject to change, if needed. T = Temporary Polling Change The voting precincts for the November 5, 2019 City of Miami Beach General and Special Elections shall be as established by the Miami-Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which the official registration books show that the electors reside. All questions concerning voting locations and voting precincts should be directed to the Miami-Dade County Elections Department, 2700 NW 87th Avenue, Miami, Florida 33172; Telephone: 305.499.VOTE (8683) or TTY: 305.499.8480. For more information, please contact the City of Miami Beach Office of the City Clerk at 305.673.7411 or via email at CityClerk( miamibeachfl.gov. Rafael E. Granado City Clerk City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 305.673.7411 www.miamibeachfl.gov AD 110519-05