2003-25391 ResoRESOLUTION NO. 2003-2539'~1.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
THE CERTIFICATES OF THE RESULTS OF THE
NOVEMBER 4, 2003 SPECIAL ELECTION FOR THE CITY
OF MIAMI BEACH, ADJOURNING THE CITY OF MIAMI
BEACH CANVASSING BOARD FOR THE NOVEMBER 4,
2003 SPECIAL ELECTION AND DECLARING RESULTS
THEREOF.
WHEREAS, on September 10, 2003, Commissioner Jose Smith, Commissioner Richard
Steinberg, and the City Manager's designee were designated by the Miami Beach City Commission
to act as its Canvassing Board representatives regarding the conduct of the November 4, 2003
Special Election for the City of Miami Beach; and
WHEREAS, Commissioner Jose Smith, Commissioner Richard Steinberg, and the City
Manager's designee Mayra Diaz Buttacavoli acted as the commission representatives/Canvassing
Board for the November 4, 2003 Special Election; and
WHEREAS, the Certification of the results of the City of Miami Beach Special Election
have been received and are attached hereto as Composite Exhibit "A" and are incorporated herein;
and
WHEREAS, said Certification reflects that:
Question "A" as set forth below was
Question "B" as set forth below was
Question "C" as set forth below was
Question "D" as set forth below was
Question "E" as set forth below was
Question "F" as set forth below was
Question "G" as set forth below was
Question "H" as set forth below was
alfipr0ved by the electorate of the City of Miami Beach';
approved by the electorate of the City of Miami Beach;
approved by the electorate of the City of Miami Beach;
approved by the electorate of the City of Miami Beach;
a6~eoved by the electorate of the City of Miami Beach;
atipr0v~;d by the electorate of the City of Miami Beach;
approv&d by the electorate of the City of Miami Beach; and
appr0v~d by the electorate of the City of Miami Beach.
~ The eight ballot questions have been lettered "A"; "B"; "C"; "D"; "E"; "F"; "G"; and
"H" for ease of reference herein only and were not so lettered on the ballot.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having canvassed the
returns of thc November 4, 2003 Special Election of thc City of Miami Beach, it hereby adopts the
certificates as to the results of said Special Election and it is hereby ordered that thc Certificates of
Election and this Resolution be recorded in the minutes of thc meeting as a p¢~nlanent record of the
results of said election; be it further resolved that by adoption of this Resolution the City
Commission-appointed Committee acting as Canvassing Board for the City of Miami Beach
composed of Commissioner Jose Smith, Commissioner Richard Steinberg, and thc City Manager's
designee Mayra Diaz Buttacavoli has discharged its duties for thc November 4, 2003 City of Miami
Beach Special Election and said Committee is hereby adjourned; and be it further resolved that as a
result of thc City of Miami Beach November 4, 2003 Special Election, the votes upon the questions
presented reflect the following results:
Question "A":
AMENDING CITIZEN'S BIIJ, OF RIGHTS RE: NON DISCRIMINATION
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDED
WITHIN THE CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT NO
PERSON SHALL BE DEPRIVED OF ANY RIGHTS AND PRIVILEGES
CONFERRED BY LAW BECAUSE OF RACE, COLOR, NATIONAL ORIGIN,
RELIGION, GENDER, SEXUAL ORIENTATION, DISABILITY, MARITAL
STATUS, FAMILIAL STATUS, OR AGE?
5,189 YES
1,117 NO
Question "B":
AMENDING CHARTER SECTION 2.01 TO CHANGE RUN-OFF ELECTION
DATE
SHALL SECTION 2.01 OF THE MIAMI BEACH CITY CHARTER BE
AMENDED TO CHANGE THE RUN-OFF DATE FROM ONE (1) WEEK
AFTER THE GENERAL ELECTION TO TWO (2) WEEKS AFTER THE
GENERAL ELECTION?
4,057 YES
2,052 NO
Question "C":
DELETING SUBPOENA POWER OF MIAMI BEACH CITY COMMISSION
SHALL THE LANGUAGE IN SECTION 2.03 OF THE MIAMI BEACH
CITY CHARTER GRANTING SUBPOENA POWER TO THE MIAMI
BEACH CITY COMMISSION BE DELETED?
3,470 YES
2,480 NO
Question "D":
AMENDING CHARTER SECTION 6.03 TO PROVIDE FOR CANDIDATE'S
RESDENCY REQUIREMENT
SHALL SECTION 6.03 OF THE MIAMI BEACH CITY CHARTER BE
AMENDED TO REQUIRE THAT CANDIDATES FOR ELECTED OFFICE
IN THE CITY OF MIAMI BEACH RESIDE IN THE CITY FOR AT LEAST
ONE YEAR PRIOR TO QUALIFYING FOR OFFICE?
5,641 YES
605 NO
Question "E":
AMENDING RELATED SPECIAL ACTS SECTION 2 REGARDINO"ZONING BOARD
OF ADJUSTMENT"
SHALL RELATED SPECIAL ACTS, SECTION 2, REGARDING "ZONING
BOARD OF ADJUSTMENT" BE AMENDED BY:
DELETING REFERENCE TO 2 NON-VOTING EX-OFFICIO MEMBERS,
AND INSTEAD ESTABLISHING 2 MEMBERS AS REGULAR, VOTING
MEMBERS APPOINTED BY THE CITY COMMISSION; AND
INCREASING NUMBER OF BOARD VOTES REQUIRED FOR ACTION
FROM 4/5 THS VOTE OF BOARD TO 5/7 THS VOTE?
3,983 YES
1,721 NO
Question "F":
FIREFIGHTER AND POLICE PENSION FUNDS: DELETING SPECIFIC
INVESTMENT/ALLOCATION RESTRICTIONS AND SUBSTITUTING "PRUDENT
PERSON" STANDARD
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLES VII AND VIII
REGARDING THE CITY'S RELIEF AND PENSION FUNDS FOR
FIREFIGHTERS AND POLICE OFFICERS, BE AMENDED TO DELETE
CERTAIN RESTRICTIONS CONCERNING THE INVESTMENT AND
ALLOCATION OF PENSION FUND ASSETS, AND TO SUBSTITUTE
THEREFOR LANGUAGE AUTHORIZING THE PENSION BOARD TO
EXERCISE, IN A PRUDENT MANNER, INDEPENDENT JUDGMENT IN
ALLOCATING AND INVESTING FUNDS?
3,856 YES
2,037 NO
Question "G":
AMENDING FIREFIGHTER/POLICE PENSION PLAN RE: DESIGNATION OF
BENEFICIARY AND NORMAL FORM OF BENEFIT
SHALL THE CITY'S RELATED SPECIAL ACTS, ARTICLE IX, REGARDING
THE CITY'S PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS,
BE AMENDED TO ALLOW SUCH PENSION FUND MEMBERS TO
DESIGNATE A BENEFICIARY TO RECEIVE OPTIONAL SURVIVOR
BENEFITS, AND TO PROVIDE A LIFETIME BENEFIT FOR MEMBERS WITH
A MINIMUM TEN YEAR PAYMENT PERIOD AS THE NORMAL FORM OF
BENEFIT?
4,297 YES
1,657 NO
Question "H":
RENAMING "ISLAND VIEW PARK" TO "MAURICE GIBB MEMORIAL PARK"
SHALL "ISLAND VIEW PARK" (LOCATED GENERALLY AT 18TM STREET
AND PURDY AVENUE IN MIAMI BEACH) BE RENAMED "MAURICE GIBB
MEMORIAL PARK" IN HONOR OF THE LATE MAURICE GIBB, LONG-TIME
MIAMI BEACH RESIDENT AND MEMBER OF THE SINGING GROUP "THE
BEE GEES," WHICH HAS WON NUMEROUS AWARDS, INCLUDING
MULTIPLE GRAMMYS FOR THE SOUNDTRACK OF THE MOTION PICTURE
"SATURDAY NIGHT FEVER," AND WAS INDUCTED INTO THE ROCK AND
ROLL HALL OF FAME?
3,799 YES
2,353 NO
BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was
approved , Question "B" was
Question "D" was approved
approved , Question "G" was
PASSED and ADOPTED this 5th day of7
ATTEST:
CITY CLERK
JKO~ed
F:~atto\OLIAELECTION~RESO\RESULT SP ELECTION-NOV 2003 doc
approved ., Question "C" was approved ,
., Question "E" was approved , Question "F" was
approved ., and Question"H" was approved :
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
Telephone: (305) 673-7470
Telecopy: (305) 673--7002
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
DATE: NOVEMBER 5, 2003
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GO~NT~E~
MURRAY H. DUBBII~iI J ~~lJYJ/~
CITY ATTORNEY/~// ~
CITY RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 4, 2003
SPECIAL ELECTION AND DECLARING ELECTION RESULTS
Attached hereto is a Resolution~ adopting the Certificates of the Results of the November 4, 2003
Miami Beach Special Election for the City of Miami Beach, adjouming the City of Miami Beach
Canvassing Board for the November 4, 2003 Special Election and declaring election results. The passage
of this Resolution effectively concludes acceptance of election returns for the City of Miami Beach's
November 4, 2003 Special Election.
F:~alto\OLIJ~ELECTION~RESO\CMEMO\RESULT SP ELECTION-NOV 2003.doc
x Upon receipt and finalization on November 5, 2003 of the Certification of Election Results,
same shall be attached to the Resolution.
Agenda Item ~ rte
1700 Convention Center Drive -- Fourth Floor - Miami Beat Date [I-S'"'03
www.herald.com I THE HERALD I THURSDAY, OCTOBER23,2003 I~
CITY OF MIAMI BEACH
NOTICE OF A TIME CHANGE
FOR THE NOVEMBER 5, 2003
COMMISSION MEETING
NOTICE I$ HEREBY given that the November
2003 City Commission Meeting will commence at
11:00a.m., in the Commission Chambers, 3rd floor,
City Hall, 1700 Convention Center Drive, Miami
Beach, Florida, regarding Election related issues.
In addition, the City Commission may discuss other
City business at this meeting.
Miami 6~ch
~.-=, Robert E. Parcher, City Clerk
'ql!' _cit, of Miami B,ach
2003
Ad#214
Message Page 1 of 2
Hatfield, Liliam
To: 'jnash@dos.state.fl.us'
Cc: Charter Review Members; Gonzalez, Jorge; Olin, Jean; Parcher, Robed
Subject: City of Miami Beach Charter Amendments
Importance: High
City Clerk's Office
305-673-7411
January 13,2004
Telephone
Facsimile 305-673-7254
CityClerk@miamibeachfl.gov
Glenda E. Hood
Secretary of State
Florida Department of State
R.A. Gray Building
500 S. Bronough
Tallahassee, FI 32399-0250
Honorable Secretary of State:
On November 13, 2003, the Miami Beach City Clerk's Office sent an electronic correspondence
regarding four Charter amendments approved by the voters at the November 4, 2003 General
Election.
Pursuant to Florida Statute Chapter 166.031 (2) titled Charter amendments, the revised
charter (Supplement 21) is hereby filed with the Department of State.
If you have any questions regarding this matter, please contact me.
Respectfully submitted,
Robert E. Parcher
City Clerk
RP/Ih
Miami Beach
Liliam R. Hatfield
City of Miami Beach
City Clerk's Office
1700 Convention Center Drive
Miami Beach, Fla 33139
liliamhatfieldt~.miamibeachfl.gov
305-673-7411 Ext 6592 Fax 305-673-7254
1/13/2004