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RESOLUTION 92-20564 4 RESOLUTION NO. 92-20564 A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION REGARDING AN AMENDMENT TO THE MIAMI BEACH RELATED LAWS, CHANGING THE NUMBER OF VOTING MEMBERS ON THE BOARD OF ADJUSTMENT FROM 5 TO 7, AND PROVIDING THAT A FIVE-SEVENTHS AFFIRMATIVE VOTE SHALL BE REQUIRED FOR ANY DECISION OF THE BOARD. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 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 o'clock a.m. to 7 : 00 o'clock p.m. on November 3 , 1992 for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2 . That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, with Dade County' s certification of the results of said Special Election being accepted 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 and results duly accepted by said appropriate Dade County Officials. SECTION 3. Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. SECTION 4. 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 register to vote at the City registration office located in the lobby of the City Hall, 1 r r 1700 Convention Center Drive, Miami Beach Florida 33139 , each and every Wednesday until October 30, 1992 between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Dade County. All questions concerning voter registration should be directed to the Dade County Elections Office, 111 N.W. 1st Street, Suite 1910, Miami, Florida 33128 ; Mailing Address: P.O. Box 012241, Miami, Florida 33101-9852 ; Telephone: (305) 375-5553 . SECTION 5. Copies of the ballot question shall be made available to the electors at the Office of the City Clerk from 9 : 00 o'clock a.m. to 5: 00 o'clock p.m. each day, Saturdays, Sundays, and holidays excepted, not later than thirty days prior to the date of said election. SECTION 6. Not less than thirty days ' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. SECTION 7 . 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 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 3RD DAY OF NOVEMBER, 1992 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDMENT TO THE RELATED LAWS REQUIRING SEVEN VOTING MEMBERS ON THE BOARD OF ADJUSTMENT. "SHALL THE RELATED LAWS BE AMENDED TO CHANGE THE NUMBER OF VOTING MEMBERS ON THE BOARD OF ADJUSTMENT FROM FIVE TO SEVEN MEMBERS, AND FURTHER PROVIDING THAT A FIVE-SEVENTHS AFFIRMATIVE VOTE SHALL BE REQUIRED FOR ANY ORDER OR DECISION OF THE BOARD. " YES NO 2 • SECTION 8. The official ballot to be used in the Special Election to be held on November 3 , 1992 , hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT CITY OF MIAMI BEACH, FLORIDA SPECIAL ELECTION, NOVEMBER 3 , 1992 AMENDMENT TO THE RELATED LAWS REQUIRING SEVEN VOTING MEMBERS ON THE BOARD OF ADJUSTMENT. "SHALL THE RELATED LAWS BE AMENDED TO CHANGE THE NUMBER OF VOTING MEMBERS ON THE BOARD OF ADJUSTMENT FROM FIVE TO SEVEN MEMBERS, AND FURTHER PROVIDING THAT A FIVE-SEVENTHS AFFIRMATIVE VOTE SHALL BE REQUIRED FOR ANY ORDER OR DECISION OF THE BOARD. " YES NO SECTION 9 . Absentee voters participating 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 absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the supervisor of elections of Dade County, Florida. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 22nd day of July 1992 . ilk MAYOR ATTEST: r„c CITY CLERK Requested by Commissioner Abe Resnick. SWS/scf a:disk2\bdadj5-7.res FORM APPROVED LEGAL DEPT. 6-4.440 44. CAfitA,ote4 By 3 Date 7- 1" q LIST OF POLLING PLACES FOR OUHILVIDEILEDTIgna fa, LOCATION 011 Biscayne Elementary School 800 - 77th St 012, 013 Horth Shore A -tivi ry ■.AUtC.- 72Z5 Collins Ave. 014, 021 015 ElliENAY Park �QQ FilirwaY D . 018 Normandy Shores Golf Course 2401 Biarritz Dr. 019 _a;isa 020 110 Indian Grimk Dr. 022 Casablanca Hotel 6345 Collins Ave. 023, 025 Fire Station 03 5303 Collins Ave. 024 St. Patrick's School & Church 3700 Meridian Ave. 026 Temple Beth Sholom 4144 Chase Ave. 027 Ocean Grande Hotel 3651 Collins Ave. 028 North Beach Elementary School 4100 Prairiev A e. 029 St. Patrick's School & Church 3700 Meridian Ave. 030 Bayshore Golf Course 2301 Alton Rd. 031 1lads Boulevard Fire Station 12. 2100 Pine Tree Dr. 032 Miami Beach Public Library - Audit 21.:0 Collins Ave. 033 Barclay Plaza Hotel & Apartment 1940 Park Ave. 034 One Hundred Lincoln Road Apartments 100 Lincoln Rd. 035 MiamiBQpDhArden Center 036 Miami Beach Police Athletic League 999 - 11th St. 037 Morton Towers Apartments 1500 Bay Rd. 038 Miami Beach Rod & Reel Club 208 South Hibiscus Dr. 039 FjamingQ Park Teen Can t_e_r 100 040, 047 St. Francis De Sales Church 621 Alton Rd. 041 Miami Beach Senior Center 610 Espanola Way 042 Leroy D. Feinberg Elementary School 1420 Washington Ave. 043 La Flora Hotel 1238 Collins Ave. 044 ront Auditorium 1001 Ocean Dr. 045, 046 SQut�� o e Co Y Ceri 1133 - 6 St. 048 south AgatiLlgintaLlirls 1 Washington Ave. CITY CLERK'S OFFICE E-1B - 1991 As of 8/21/91 Per Dade County Elections Dept. EXHIBIT "A" PROPOSED CHARTER AMENDMENT RE: SECTION 34 - SEVEN VOTING MEMBERS ON BOARD OF ADJUSTMENT A. Proposed Ballot Question: "SHALL THE RELATED LAWS BE AMENDED TO CHANGE THE NUMBER OF VOTING MEMBERS ON THE BOARD OF ADJUSTMENT FROM FIVE TO SEVEN MEMBERS, AND FURTHER PROVIDING THAT A FIVE- SEVENTHS AFFIRMATIVE VOTE SHALL BE REQUIRED FOR ANY ORDER OR DECISION OF THE BOARD. " YES NO B. Proposed Text: Sec. 34. Appointment, composition and duties of board of adjustment. The existing board of adjustment, consisting of five members, be and the same is hereby abolished. A new board consisting of seven members, and to be designated as the board of adjustment, is hereby created. Said new Commencing on December 8 , 1992 , and thereafter the board of adjustment shall consist of nine seven members as follows: The city' s planning and zoning director and public works director shall be ex officio members without the right of vote, and whose presence shall not be counted for the determination of a quorum. The remaining seven five members shall consist of the following: The ne members shall be appointed from one e-f the following professions or callings: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the city and shall be subject to removal from office for the violation of the terms thereof. No member shall 1 , have any financial or other interest in any matter coming before the board. Members shall be appointed for a term of one year by a five-sevenths vote of the city commission. Members of the board of adjustment must be either residents or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the board of adjustment. Such board of adjustment shall hear and decide appeals from, and review, any order, requirements, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In no case shall the board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use of land. The board shall fix a reasonable time for the hearing of any matter before it and shall give due notice thereof to the parties. Upon the hearing, any person may appear in person or by agent or by attorney. The board may require that all testimony given before it shall be under oath. Any order or decision of the board of adjustment shall require an affirmative five- sevenths four-fifths vote of the board. The decision of the board of adjustment shall be final and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. All variance requests shall be first submitted to the city 2 attorney for a determination whether the requested variance is properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the board of adjustment shall not attach unless and until the board has before it a written certificate of the city attorney that the subject matter of the request is properly before the board. The separate written recommendations of the planning and zoning director and of the public works director shall be before the board prior to its consideration of any matter before it. SWS: scf a:\Disk3\amend5-7.bda 3 • OFFICE OF THE CITY ATTORNEY iy:A- onni wee tie F L O R i D A ncoa�ORATED '\* LAURENCE FEINGOLD P O BOX O CITY ATTORNEY H26 \c MIAMI BEACH. FLORIDA 331'9-2032 TELEPHONE;305)673-7470 TELECOPY 1305)673-7002 COMMISSION MEMORANDUM NO: 43-92- DATE: JULY 15, 1992 TO: MAYOR SEYMOUR GELBER AND MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD CITY ATTORNEY SUBJECT: RESOLUTION CALLING FOR SPECIAL ELECTION TO AMEND CHARTER TO REQUIRE SEVEN VOTING MEMBERS ON BOARD OF ADJUSTMENT This Resolution calling for a special election to be held on November 3 , 1992 to amend Section 34 of the City' s Related Laws was requested by Commissioner Abe Resnick. The Related Laws Amendment changes the number of voting members on the Board of Adjustment from five members, selected by a five-sevenths vote of the City Commission, to seven members, selected by a majority vote of the Commission. The amendment also provides that a five-sevenths vote shall be required for any order or decision of the Board. Currently the Related Laws require a four-fifths vote. LF:SWS: scf req5-7.cm • • AGENDA ITEM DATE EN ; ER DRIVE - FOURTH FLOOR - MIAM BEAD, �_ Jit1lJ1INAL RESOLUTION NO. 92-20564 Calling for a special election to be held on November 3, 1992 for the purpose of submitting to the electorate of the Cit;' of Miami Beach a question regarding an • amendment to the Miami Beach Related Laws, changing the number of voting members on the Board of Adjustment from 5 to 7, and providing that a five-sevenths affirmative vote shall be required for any decision of the Board.