2003-25292 ResoRESOLUTION NO. 2003-25292
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, NOVEMBER 4, 2003, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH
RELATED SPECIAL ACTS SECTION 2, REGARDING ZONING BOARD
OF ADJUSTMENT SHOULD BE AMENDED BY DELETING REFERENCE
TO TWO (2) NON-VOTING EX-OFFICIO MEMBERS, AND INSTEAD
ESTABLISHING TWO (2) MEMBERS AS REGULAR, VOTING MEMBERS
APPOINTED BY THE CITY COMMISSION; AND INCREASING NUMBER
OF BOARD VOTES REQUIRED FOR ACTION FROM 4/5THS VOTE TO
5/7THS VOTE.
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 4, 2003, for the purpose of
submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dare 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
fumished 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 thc 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 thc 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, CityHall, 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 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 4TH DAY OF NOVEMBER, 2003, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING RELATED SPECIAL ACTS SECTION 2 REGARDING
"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 4/5THS VOTE OF BOARD TO 5/7THS VOTE?
YES
NO
SECTION 7.
The official ballot to be used in the Special Election to be held on November 4, 2003, hereby called,
shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 4, 2003.
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 4TH DAY OF NOVEMBER, 2003, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
AMENDING RELATED SPECIAL ACTS SECTION 2 REGARDING
"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 4/5THS VOTE OF BOARD TO 5/7THS VOTE?
YES
NO
SECTION 8.
Absentee voters participating in said Special Election shall be entitled to cast their ballots in
accordance with the provisions o£the laws o£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 upgn its passage.
PASSED and ADOPTED this 30th dayt ~2003.
ATTEST: x,,., MAYOR
JKO/ED
F 5atto\OLIJkELECTIONLRESO'dl~soCityCharter7.doc
FORM & LANGUAGE
Proposed Amendment to City Charter City of Miami Beach Related Special Acts Section 2, for
November 4, 2003 Special Election:
Proposed Ballot Question
AMENDING RELATED SPECIAL ACTS SECTION 2 REGARDING "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 4/5THS VOTE OF BOARD TO 5/7THS VOTE?
YES
NO
B. Proposed Text
Sec. 2. Appointment, composition and duties of board of adjustment.
The 6~x4sting board of adjustment, eens:.sting zCfive --~'~
....._,_ ~-~, sha cons s ng o seven voting mem ers;=
members shall consist of the following:
One member shall be appointed fi.om one of 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 have any financial or other interest in any matter
coming before the board. Members shall be appointed for a term of·ne 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 fcur -fi.a&s five-sevenths 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 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 properlybefore
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.
(Laws of Fla., 1923, ch. 9837, § 7; election of 5-29-62; election of 11-5-68; election of 4-23-70; election
of 3-8-77; election of 11-1-77)
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CiTY ATTORNEY
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO: Mayor David Dermer DATE: July 30, 2003
Members of the City Commission
Murray H. Dubbin[~
City Attorney
FROM:
SUBJECT: Proposed Amendments to City Charter and Related Special Acts~Charter
Review Board Proposals accepted in concept by City Commission
At its July 2, 2003 meeting, the Miami Beach City Commission approved in concept the
issues listed below, as proposed by the Charter Review Board for placement on a future City
ballot. The last date by which the Miami Beach City Commission can pass a Resolution placing
an issue on the November 4, 2003 ballot, amending the City Charter or Related Special Acts, is
September 5, 2003. Inasmuch as today's meeting of July 30, 2003 is the last regularly-scheduled
City Commission meeting prior to September 5, any issues the Commission wishes to place on
the November 4, 2003 ballot must be approved by the City Commission today. Accordingly, the
resolutions needed to call a special election for November 4, 2003 have been drafted and are
attached hereto.
City Charter's Bill of Rights.
Natural resources and scenic beauty -Add following language:
"It shall be the policy of the City of Miami Beach to conserve and
protect its natural resources and scenic beauty, which policy shall include
the abatement of air and water pollution and of excessive and
unnecessary noise".
II. City Charter.
A. Election reform
1) Amend section 2.01 to change runoff election date from one week
after the general election to two weeks after the general election.
Agendaltem ~ '~) -
1700 Convention Center Drive - Fourth Floor -- Miami Beach Date~/7.~--c0..~
HI.
2) Amend section 6.03 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.
Bo
Form of GovemmentJCommission Powers-
Amend the following language in paragraph 3 of Charter section 2.03
entitled: "Powers of the City Commission":
"The Commission may also investigate the official acts and conduct of
any City official, and by similar investigations may secure information
upon any matter. In conducting such investigation, the Commission may
require the attendance of witnesses and the productions of books, papers
and other evidence., ~--~ c^. ~ ................. ~ ......... ,h~ r~/-~
City Manager/Administrative Changes-
1) Amend Charter section 4.02 entitled: "City Manager", subsection (i)
"Functions and powers" as follows:
"...to negotiate all contracts and agreements in which the City is a party
subject to the approval of the ~ City Commission."
2) Amend Charter Article V regarding "Budget and Finance" by adding
language that would require the Mayor and City Commission when
adopting legislation to consider the long term economic impact (at least 5
years).
Related Special Acts.
Zoning Board of Adjustment-
Amend Related Special Acts, section 2, regarding "Zoning Board of
Adjustment" by:
-deleting reference to two (2) non-voting ex-officio members, and instead
establishing two (2) members as regular, voting members appointed by
the City Commission;
-decreasing number of City Commission votes required for appointment of
Board members from 5/7 vote of Commission to 4/7 vote???**; and
-increasing number of Board votes required for action from 4/5 vote of
Board to 5/7 vote.
B. Article II "Public Library".* The Charter Review Board has adopted
administrative recommendations in proposing deletion of this Article as
unnecessary due to the City's existing subject interlocal agreement.
* Editors Note: The public library is operated pursuant to an interlocal
agreement which is on file in the city clerk's office.
** Subject to further discussion and vote by City Commission.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Sec. 3. Authority to acquire, maintain and operate.
The City of Miami Beach, in Dade County, Florida, is hereby authorized
and empowered to acquire, maintain and operate a public library or
libraries within the corporate limits of the City of Miami Beach; to
provide by ordinance of its city commission for the manner and method of
such operation, administration and financing of such public library or
libraries.
(Laws of Fla., 1949, ch. 26027, § 1; election of 11-1-83)
Sec. 4. Board of trustees.
Any ordinance passed and adopted hereunder by the said City of Miami
Beach, or on its behalf by its city commission, shall provide for a board of
trustees for the management and administration of such public library or
libraries, which board of trustees shall consist of members who shall be
appointed or removed by the city manager by and with the approval of the
city commission, in a manner and on such terms as may be established by
the ordinance. Said board of trustees shall have the power to adopt
bylaws, rules or regulations for the conduct of its own meetings or
business and for the regulation and control of the operation of such library
or libraries.
(Laws of Fla., 1949, ch. 26027, § 2; election of 11-1-83)
Sec. 5. Personnel subject to provisions of article IV hereof.
All personnel, except unclassified personnel, employed in the operation,
maintenance and administration of said public library or libraries shall be
subject to the provisions of Laws of Florida, 1937, ch. 18696 entitled:
"An act creating a civil service system for certain officers and employees
of the City of Miami Beach, Florida; creating a department of personnel,
defining its membership, powers and duties; designating the officers and
employees who are within the terms of said act; defining the certain terms
of said act; providing for appointments, promotions, suspension,
reductions and removal of officers and employees; providing for the status
of officers and employees holding positions when this act takes effect;
providing for referendum when said act shall take effect and other matters
relating thereto."
(Laws of Fla., 1949, ch. 26027, § 3; election of 11-1-83)
Sec. 6. Repeal of conflicting laws.
All laws and parts of laws in conflict herewith are hereby repealed.
(Laws of Fla., 1949, ch. 26027, § 4; election of 11-1-83)
C. Article III "Municipal Projects" *- The Charter Review Board has adopted
administrative recommendations in proposing that this Article be deleted
as it as redundant and unnecessary.
*Editors Note: Sections 3--16 of Laws of Fla., 1941, ch. 21401, regarding
the issuing and servicing of bonds for the projects authorized in the areas
within and beyond the city limits have been editorially deleted as any
provision which has not been amended by referendum after July 1, 1973,
and which is not an extraterritorial power may be editorially deleted as
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
unnecessary as home rule powers of a municipality are derived from the
constitution and F.S. ch. 166 and the authority and procedure for issuance
of bonds is contained in state law.
State Law References: Municipal borrowing authority, F.S. § 166.101 et
seq.; bonds, F.S. §§ 130.01 et seq., 132.01 et seq., 159.01 et seq.,
163.385,215.43,215.431,215.84, 218.37--218.385; bond validation, F.S.
ch. 75; maximum rate of interest, F.S. § 215.84.
Sec. 7. Enumeration of projects; definitions.
For the purpose of this Act the term "municipal project" shall cover only
any one or more or any combination of the following: abattoirs, airports,
auditoriums, bridges, tunnels, buildings, hospitals, viaducts, city and town
halls, community houses, sanitaria, dispensaries, jails, ice plants, pre-
cooling and cold-storage plants, warehouses, waterworks systems,
including new water lines, dredging and deepening harbors and channels,
jetties, breakwaters, public landings, wharves, docks, and other
improvements for harbors and shipping facilities, markets, memorials,
automobile parking lots, parks, including recreational facilities,
playgrounds, recreation centers, bathing beaches with necessary
improvements, structures, buildings, piers, public buildings and plazas,
reservoirs, schools, sewers, sewage or drainage systems and sewage
disposal or treatment plants, stadiums, streets, roads, avenues, alleys and
highways, sidewalks and curbs, gutters and stormwater sewers or drains,
harbor and port facilities, toll bridges or causeways, swimming pools, as
defined in this section; and ali property, real and personal, appurtenant
thereto or connected with such work, undertaking or project, and the
existing work, undertaking or project, if any, to which such work,
undertaking or project is an extension, addition, betterment or
improvement.
(a) The term "to construct" shall mean to build, to construct, to
reconstruct, to erect, to replace, to extend, to repair, to better, to equip,
to develop, to embellish, to improve, to acquire by gift, purchase or
the exercise of the right of eminent domain, or any one or more or all
of the foregoing.
(b) The term "construction" shall mean building, construction,
reconstruction, erection, replacement, extension, repairing,
betterment, equipment, development, embellishment, improvements,
acquisition, by gift, purchase, or the exercise of the right of eminent
domain, or any one or more or all of the foregoing.
(Laws of Fla., 1941, ch. 21401, § 1)
Sec. 8. Powers generally of city.
The City of Miami Beach shall have power and is hereby authorized:
(a) To construct any municipal project, as defined in section 1 [§ 7]
hereof, within or without the municipality, or partially within and
partially without the municipality.
(b) To operate and maintain any municipal project for public and private
users and consumers within and without the municipality.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(c) To issue bonds as provided in this Act to finance such construction,
and to provide for the rights of the holders of the bonds and to secure
the bonds all as hereinafter provided.
(d) To enter into a trust agreement with any bank or trust company within
or outside the state, in connection with the construction of a project
and in order to secure bonds payable exclusively from revenues which
are issued in connection therewith.
(e) To fix, levy and collect fees, rents, tolls, or other charges for the use
of or in connection with any municipal project, and in the event any
trust agreement with holders of bonds shall be made as hereinafter
provided, to fix, levy and collect such fees, rents, tolls and other
charges in accordance with such agreements and subject thereto.
(f) To acquire by purchase, gift or the exercise of the right of eminent
domain and to hold and dispose of any property, real or personal,
tangible or intangible, or any right or interest in any such property, in
connection with any municipal project, whether or not subject to
mortgages, liens, charges or other encumbrances, and to construct any
municipal project subject thereto, and whether within or without the
municipality, or partially within and partially without the
municipality.
(g) To enter on any lands, waters and premises for the purpose of making
surveys, soundings and examinations in or for the furtherance of any
municipal project.
(h) To perform any acts authorized under this law through or by means of
its own officers, agents, and employees, or by contracts with private
corporations, firms or individuals.
(i) To award any contract for the construction of any municipal project
or any part thereof upon any day at least fifteen days after one
publication of a notice requesting bids upon such contract in a
newspaper of general circulation in the municipality.
(j) To do all acts and things necessary or convenient to carry out the
powers expressly given in this law.
(Laws of Fla., 1941, ch. 21401, § 2)
F:Xatto',,OLIJXRES-ORD'~vlEMOS'q>roposed Amend City Charter.doc
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139