2003-25443 ResoRESOLUTION NO. 2003-25443
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION TO BE HELD ON TUESDAY, MARCH 9, 2004, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER THE CITY CHARTER
SHOULD BE AMENDED TO INCLUDE WITHIN THE CITIZEN'S BILL OF
RIGHTS A POLICY STATEMENT OF THE CITY TO CONSERVE AND
PROTECT ITS NATURAL RESOURCES AND SCENIC BEAUTY,
INCLUDING THE ABATEMENT OF AIR AND WATER POLLUTION AND
OF EXCESSIVE AND UNNECESSARY NOISE.
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, March 9, 2004, 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 Miami-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 Miami-Dade County Officials.
SECTION 3.
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 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 Miami-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 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. 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 Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box
012241, Miami, Florida 33101; Telephone: (305) 375-5553.
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made at least once each week for four consecutive weeks next preceding said Special
Election.
SECTION 6.
The notice of election shall be substantially in the following from:
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 9TH DAY OF MARCH, 2004, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING CITIZEN'S BILL OF RIGHTS TO PROTECT NATURAL
RESOURCES AND SCENIC BEAUTY
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO
INCLUDE WITHIN THE CITIZEN'S BILL OF RIGHTS A POLICY
STATEMENT OF THE CITY TO CONSERVE AND PROTECT ITS
NATURAL RESOURCES AND SCENIC BEAUTY, INCLUDING THE
ABATEMENT OF AIR AND WATER POLLUTION AND OF EXCESSIVE
AND UNNECESSARY NOISE?
YES
NO
SECTION 7.
The official ballot to be used in the Special Election to be held on March 9, 2004, hereby
called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, MARCH 9, 2004.
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 9TH DAY OF MARCH, 2004, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING CITIZEN'S BILL OF RIGHTS TO PROTECT NATURAL
RESOURCES AND SCENIC BEAUTY
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO
INCLUDE WITHIN THE CITIZEN'S BILL OF RIGHTS A POLICY
STATEMENT OF THE CITY TO CONSERVE AND PROTECT ITS
NATURAL RESOURCES AND SCENIC BEAUTY, INCLUDING THE
ABATEMENT OF AIR AND WATER POLLUTION AND OF EXCESSIVE
AND UNNECESSARY NOISE?
YES
NO
SECTION 8.
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 9.
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 10.
If any section, sentence, clause or phrase of the proposed ballot measure 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 ballot measure.
SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 10th day of
ATTE ST:
CITY CLERK
/KO/ED
FSatto\OLIJ~ELECTION~RESO~Bill of Rights-Natural Resources.doc
Resolution No. 2003-25443
December ,2003.
' MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Proposed Amendment to City Charter Citizen's Bill of Rights for March 9, 2004 Special Election:
Ae
Proposed Ballot Question
AMENDING CITIZFN' S Bllll~ OF RIGHTS TO PROTECT NATURAL RESOURCES
AND SCENIC BEAUTY
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE
WITHIN THE CITIZEN'S BILL OF RIGHTS A POLICY STATEMENT OF THE
CITY TO CONSERVE AND PROTECT ITS NATURAL RESOURCES AND SCENIC
BEAUTY, INCLUDING THE ABATEMENT OF AIR AND WATER POLLUTION
AND OF EXCESSIVE AND UNNECESSARY NOISE?
B. Proposed Text
YES
NO
15. Natural resources and scenic beauty.
It shall be the policy of the City of Miami Beach to conserve and protect its natural resources and scenic
bea;~ty, which policy shall include the abatement of air and water pollution and of excessive and
unnecessary noise.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and
Members of the City Commission
Date: December 10, 2003
Chairman Steve Zack
Vice-Chair Jonathan Beloff
Member of the Board Ricky Arriola
Member of the Board Victor Diaz
Member of the Board Honorable Seymour Gelber
Member of the Board Larry Herrup
Member of the Board Abraham Laeser
Appointed by Mayor Dermer
Appointed by Commissioner Garcia
Appointed by Commissioner Cruz
Appointed by Commissioner Bower
Appointed by Commissioner Gross
Appointed by Commissioner Steinberg
Appointed by Commissioner Smith
CHARTER REVIEW BOARD PROPOSED AMENDMENTSTO CITY CHARTER--
RESOLUTIONS PROPOSING MARCH 9, 2004 CITY OF MIAMI BEACH SPECIAL
ELECTION
BACKGROUND:
The City of Miami Beach Charter Review Board, pursuant to authority of City Resolution No. 2003-
25124, is continuing its review of the City's Charter and Related Special Acts - as a result of this
review, the Board held a televised public meeting on November 6, 2003, resulting in the following
recommended changes to the City Charter:
Zoninq Reform - amending City Charter Section 1.03 (c) to expand the current requirement of
voter approval prior to any increase in floor arearatie on certain waterfront property within the
City of Miami Beach to aI.J property within the City; and
Lon,q Term Economic Impact- amending Charter V~ regarding "Budget and Finance" to require
that the City Commission consider the long term economic impact (at least 5 years) of legislative
acts involving the allocation of funds.
At the July 30, 2003 City Commission Meeting, the following issues were presented to the City
Commission by the Charter Review Board for consideration. The City Commission did not place
these issues on the November 4 ballot and indicated that these issues might be considered for a
future ballot afterthe November 4, 2003 Special Election. The issues are:
1) Amending Charter Bill of Rights, re: "Natural Resources & Scenic Beauty";
2) Amending Charter .§4.02 (i), by deleting requirement for City Attorney approval of City
Manager's contract negotiations; and
3) Amending Related Special Acts do delete Article II "Public Library" and Article III "Municipal
Projects", as obsolete and redundant.
In order to ensure placement of a measure on the March 9, 2004 ballot, the City Commission must
pass a resolution calling for said special election by no later than January 9, 2004 - accordingly,
inasmuch as there is only one regularly-scheduled City Commission meeting prior to January 9,
2004 (December 10), the attached resolutions are presented herein for City Commission Review.
This proposal was previously presentedto the City Commission for its review
at its July 30, 2003 Commission Meeting; the City Commission opted to reserve this issue for later consideration.
T:~AGENDA~003\decl003\regular~Charter Review Board Resolutions.doc
Agenda Item
Date /.~ ~/~
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
L 0 R I O A
[*i,,~ · *~ Telephone:
~ Telecopy:
(305) 673-7470
(305) 673-7002
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
DATE: December 10, 2003
Mayor David Dermer and
Members of the City Commission
Murray H. DubbinA/] ~f'''~
City Attomey ~,~ v.\
REGARDING CHARTER REVIEW BOARD'S PROPOSED
AMENDMENT TO THE CITY TO THE CITY CHARTER AND
RESOLUTIONS PROPOSING MARCH 9, 2004 CITY OF MIAMI
BEACH SPECIAL ELECTION.
The Legal Department has drafted and submitted the proposed charter amendment
in accordance with the action of the Charter Review Board. However, we have some
concerns which are hereafter set forth. The proposed amendment to Section 1.03(c) of
the City Charter will expand the current requirement for voter approval prior to any
increase in Floor Area Ratio on all applicable properties within the City. This would
affect settlements, including, but not limited to, those entered into pursuant to the Bert J.
Harris, Jr. Private Property Rights Protection Act ("Harris Act")* and those in other cases
which involve the effectuation of their terms through a development agreement. The
proposed Charter Amendment would also affect the settlement of other litigation matters
concerning civil rights claims against the City, takings or condemnation claims, and the
transfer of development rights under current City Code provisions and those anticipated
to be proposed by the Planning Department relative to historic districts.
To address the foregoing concerns, the City Attorney's Office has added the
attached shaded language to the original proposal of the Charter Review Board, which
language is thus submitted for your consideration.
*Assuming the Harris Act is ultimately upheld by the courts
MHD/DJT/bfg
f)\atto\turn\commmemo~charter amdt. and 3-9-94 special election-2.doc
1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: December 10, 2003
From: Chairman Steve Zack
Vice-Chair Jonathan Beloff
Member of the Board Ricky Arriola
Member of the Board Victor Diaz
Member of the Board Honorable Seymour Gelber
Member of the Board Larry Herrup
Member of the Board Abraham Laeser
Subject: CHARTER REVIEW BOARD - MONDAY, DECEMBER 8, 2003 MEETING - REPLACEMENT
RESOLUTIONS
The Charter Review Board met on Monday, December 8, 2003, and discussed, in part, amendments to City
Charter Sections 1.03(b) (requiring voter approval prior to disposal of City-owned park, recreation, or waterfront
property) and 1.03(c) (requiring voter approval prior to increase in floor area ratio of certain waterfront
properties).
In order to reflect the Board's actions of December 8, 2003, the attached resolution shall substitute as the
recommendation of the Charter Review Board regarding Agenda Item R9C and Charter section 1.03(c).
The Board's proposed amendments to City Charter Section 1.03(b) are in the process of being prepared and
will be distributed at the December 10, 2003 City Commission meeting.
City ClerA's Office ~
T:tAGENDA~2OO3~lecl003~regular\Charter Review Board 1 O3.dcC