2003-25442 ResoRESOLUTION NO. 2003-25442
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 CITY CHARTER
ARTICLE V REGARDING "BUDGET AND FINANCE" SHOULD BE
AMENDED TO REQUIRE THAT THE CITY COMMISSION CONSIDER
THE LONG TERM ECONOMIC IMPACT (AT LEAST FIVE YEARS) OF
LEGISLATIVE ACTS.
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 thc City of Miami Beach, Florida and the general
laws of thc 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-Dadc 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 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-Dare 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 $.
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 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 CIlARTER ARTICLE V TO REQUIRE ECONOMIC IMPACT
STATEMENT
SHALL TIlE MIAMI BEACIl CITY CIIARTER, ARTICLE V THEREOF
REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQUIRE
THAT TIlE CITY COMMISSION CONSIDER TIlE LONG TERM
ECONOMIC IMPACT (AT LEAST FIVE YEARS) OF LEGISLATIVE
ACTS?
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 CHARTER ARTICLE V TO REQUIRE ECONOMIC IMPACT
STATEMENT
SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF
REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQUIRE
THAT THE CITY COMMISSION CONSIDER THE LONG TERM
ECONOMIC IMPACT (AT LEAST FIVE YEARS) OF LEGISLATIVE
ACTS?
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 10t_____~h day oi~r~003'
ATTEST: V ' 'N~AYOR
CITY CLERK
JKO/ED
F:~a~lo\OLIJ~ELECTIONXRESO~Budget & Finance (Long Term Economic).doc
APPROVEDASTO
FORM &LANGUAGE
&FOREXECUTION
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~
www.miamibeachfl.gov ~
TO-'
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
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
Date: December 10, 2003
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 AMENDMENTS TO 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 onNovember 6, 2003, resulting in the following
recommended changes to the City Charter:
, ~- amending City Charter Section 1.03 (c) to expand the current requirement of
voter approval prior to any increase in floor arearatio on certain waterfront property within the
City of Miami Beach to all property within the City; and
* Lon.q Term Economic Impact- amending CharterV~ 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 after the November 4, 2003 Special Election. The issues are:
1) Amending Charter Bill of Rights, re: "Natural Resources & Scenic Beaubj';
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.
Agenda Item
Date
T:~AGENDA~O03\decl003\regular\Charter Review Board Resolutions.doc
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
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\ I ~~'''~
City Attorney , ~ 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\tum\commmemo\¢harter amdt. and 3-9-94 special election-2.doe
1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139
Proposed Amendment to City Charter Article V for March 9, 2004 Special Election:
Proposed Ballot Question
AMENDING CHARTER ARTICLE V TO REQUIRE ECONOMIC IMPACT
STATEMENT
SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF
REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQUIRE THAT
THE CITY COMMISSION CONSIDER THE LONG TERM ECONOMIC IMPACT
(AT LEAST FIVE YEARS) OF LEGISLATIVE ACTS.
YES
NO
B. Proposed Text
Article V. Budget and Finance.
Section 5.02 Budget.
In accordance with Florida law the City Commission shall adopt an annual budget.
The City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed
~ actions.