2003-25444 ResoRESOLUTION NO. 2003-25444
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 SECTION 4.02(i) REGARDING THE CITY
MANAGER'S POWER TO NEGOTIATE CITY CONTRACTS AND
AGREEMENTS BE AMENDED BY DELETING LANGUAGE
SUBJECTING SAID POWER TO APPROVAL OF THE CITY
ATTORNEY, RETAINING LANGUAGE REQUIRING CITY
COMMISSION APPROVAL OF CITY MANAGER NEGOTIATIONS.
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
3_
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 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 CHARTER SECTION 4.020) DELETING REQUIREMENT
FOR CITY ATTORNEY APPROVAL OF CITY MANAGER'S CONRACT
NEGOTIATIONS
SHALL SECTION 4.02(i) OF THE MIAMI BEACH CITY CHARTER
REGARDING THE CITY MANAGER'S POWER TO NEGOTIATE CITY
CONTRACTS AND AGREEMENTS BE AMENDED BY DELETING
LANGUAGE SUBJECTING SAID POWER TO APPROVAL OF THE CITY
ATTORNEY, RETAINING LANGUAGE REQUIRING CITY COMMISSION
APPROVAL OF CITY MANAGER NEGOTIATIONS?
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, FLOR1DA, 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 SECTION 4.02(i) DELETING REQUIREMENT
FOR CITY ATTORNEY APPROVAL OF CITY MANAGER'S CONRACT
NEGOTIATIONS
SHALL SECTION 4.02(i) OF THE MIAMI BEACH CITY CHARTER
REGARDING THE CITY MANAGER'S POWER TO NEGOTIATE CITY
CONTRACTS AND AGREEMENTS BE AMENDED BY DELETING
LANGUAGE SUBJECTING SAID POWER TO APPROVAL OF THE CITY
ATTORNEY, RETAINING LANGUAGE REQUIRING CITY COMMISSION
APPROVAL OF CITY MANAGER NEGOTIATIONS?
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.
ATTEST:
CITY CLERK
PASSED and ADOPTED this 10th dayo7 l~?~ , 003.
L,/ MAYOR
~KO/ED
FSatto\OLIJ~LECTIOICJ1F~O~,CM Power to Neg. Contract.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Glty Attomey Datll
Proposed Amendment to City Charter Section 4.02 (i) for March 9, 2004 Special Election:
Proposed Ballot Question
AMENDING CHARTER SECTION 4.020) DELETING REQUIREMENT FOR
CITY ATTORNEY APPROVAL OF CITY MANAGER'S CONRACT
NEGOTIATIONS
SHALL SECTION 4.02(i) OF THE MIAMI BEACH CITY CHARTER
REGARDING THE CITY MANAGER'S POWER TO NEGOTIATE CITY
CONTRACTS AND AGREEMENTS BE AMENDED BY DELETING
LANGUAGE SUBJECTING SAID POWER TO APPROVAL OF THE CITY
ATTORNEY, RETAINING LANGUAGE REQUIRING CITY COMMISSION
APPROVAL OF CITY MANAGER NEGOTIATIONS?
YES
NO
B. Proposed Text
Sec. 4.02. City manager--Functions and powers.
The City Manager shall be the chief executive officer and head of the administrative branch
of the City government. Except as specifically provided otherwise in this Charter, the City
Manager shall be responsible to the City Commission for the proper administration of all
affairs of the City. The functions and powers of this office shall be:
(i) To negotiate all contracts and agreements in which the City is a party subject to the
approval of the t-;~., ^~ ..... -
,,.,.~ ......... ~ and C~ty Commission.
CITY OF ,vMIAMI BEACH
CITY HALL 1700 CON ENTION 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 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:
Zoninq Reform - 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 toall 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 Beaut~/';
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~2003\decl003\regular~Charter Review Board Resolutions.doc
Agenda Item Date
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
F L 0 R I D A
~*~"~ *'~ Telephone:
~ Telecopy:
(305) 673-7470
(305) 673-7002
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and DATE: December 10, 2003
Members of the City Commission
Murray H. DubbinA/] j~)~
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
fi\atto\tum\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
To:
From:
Subject:
COMMISSION MEMORANDUM
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
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 pdor 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:~AGENDAt2OO3~decl003~reguler~Charter Review Board 1.03.doc - ~