Resolution 2022-32165 RESOLUTION NO. 2022-32165
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF MIAMI
BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER ARTICLE I, SECTION 2 OF CITY'S RELATED SPECIAL ACTS
ESTABLISHING THE CITY'S BOARD OF ADJUSTMENT SHOULD BE
AMENDED TO PROVIDE THAT APPOINTMENT OF ONE MEMBER FROM THE
ARCHITECTURE PROFESSION SHALL BE REQUIRED INSTEAD OF
PERMISSIBLE.
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, August 23, 2022, 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 acceptance of the certification of the results of said
Special Election to be performed 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.
SECTION 3.
That the 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 as determined by the Miami-Dade County Election
Officials.'
SECTION 4.
Notice of the adoption of this Resolution and of its provisions calling this Special Election
shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami
Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the
provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami
Beach.
SECTION 5.
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 23rd DAY OF AUGUST, 2022, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
RSA Article I: Board of Adjustment-
Changing "Architecture" Membership Category
from Permissible to Required Membership;
City's Related Special Acts Article I, establishes a Board of Adjustment("BOA")appointed
by City Commission, composed of two citizens at-large and five persons each
representing one of these professions: Law, architecture, engineering, real estate
development, certified public accounting, financial consultation, general business.
Article I thus permits, but does not require, appointment of architect to BOA.
Shall Article I be amended for limited purpose of requiring appointment of one member
from the architecture profession?
Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
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Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of electors to participate
in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on August 23, 2022
hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
RSA Article I: Board of Adjustment-
Changing "Architecture" Membership Category
from Permissible to Required Membership
City's Related Special Acts Article I, establishes a Board of Adjustment("BOA") appointed
by City Commission, composed of two citizens at-large and five persons each
representing one of these professions: Law, architecture, engineering, real estate
development, certified public accounting, financial consultation, general business.
Article I thus permits, but does not require, appointment of architect to BOA.
Shall Article I be amended for limited purpose of requiring appointment of one member
from the architecture profession?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be in
compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
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
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registration centers and during such times as may be provided by the Supervisor of Elections of
Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this
Special Election until 5:00 p.m. on July 25, 2022. All persons eligible to vote at this Special
Election must be registered before the time and date set forth herein or have registered previously,
as provided by law. 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
Department. All questions concerning voter registration should be directed to the Miami-Dade
County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305)
499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot 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 such voting. All questions concerning Vote-by-Mail ballots should be directed to the
Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172;
Telephone: (305) 499-VOTE (8683).
SECTION 10.
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 11.
That if the Related Special Acts Amendment provided for in Sections 5 and 6 above shall
be approved by a majority of the qualified electors of the City voting on the subject Amendment,
it shall be considered adopted and effective upon the City Commission's acceptance of
certification of final election results.
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SECTION 12.
Upon the Related Special Act Amendment's approval by a majority of the qualified electors
of the City voting on such measure in the election and the City Commission's acceptance of
certification of final election returns, the City Clerk is hereby directed to have the subject Related
Special Act amendment incorporated into the Related Special Acts, and to file such Amendment
with the Clerk of the Circuit Court and file the revised Related Special Acts with the Department
of State.
SECTION 13.
If any section, sentence, clause or phrase of this Resolution or of the ballot measure or
the Related Special Act Amendment set forth herein 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 Resolution, ballot measure or Related Special Act Amendment.
SECTION 14.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of ‘ , 2022.
ATTEST:
MAYOR
RAFAEL E. GRA ADOMAY Q 9 2fl2��DAN GELBER
CITY CLERK
(Requested by Commissioner Kristen Rosen Gonzalez)
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION -
111(ORqORf1TED i9•• '•C�r �•• �� r V
5
AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION:
RELATED SPECIAL ACTS ARTICLE (--
BALLOT QUESTION AND PROPOSED AMENDED RSA TEXT
I. BALLOT QUESTION:
RSA Article I: Board of Adjustment-
Changing "Architecture" Membership Category
from Permissible to Required Membership
City's Related Special Acts Article I, establishes a Board of Adjustment ("BOA") appointed by City
Commission, composed of two citizens at-large and five persons each representing one of these
professions: Law, architecture, engineering, real estate development, certified public accounting,
financial consultation, general business.
Article I thus permits, but does not require, appointment of architect to BOA.
Shall Article I be amended for limited purpose of requiring appointment of one member from the
architecture profession?
Yes
No
II. PROPOSED AMENDED RELATED SPECIAL ACTS TEXT:
ARTICLE I. -ZONING BOARDS AND COMMISSIONS
* *
Sec. 2. -Appointment, composition and duties of board of adjustment.
The board of adjustment shall consist of seven voting members.
Two members shall be appointed as citizens at-large, and five professional members shall each
be appointed as follows: one member shall represent the architecture profession, and the
remaining four members shall represent from one of the following professions (no more than
one member per profession) namely: Law, aFGh-itesture, engineering, real estate development,
certified public accounting, financial consultation, and general business. The members
representing the professions of architecture, law, architecture, engineering and public
accounting shall be duly licensed by the State of Florida;...
* * *
ESTIMATE
City of Miami Beach - Piggyback Election -August 23,2022 w/additional page
Rafael E.Granado,City Clerk Estimate.N°: MBEACH(2)•PB-082322
City of Miami Beach Estimate Date: December 16,2021
1700 Convention Center Dr.,#200
Miami Beach, FL 33139
Registered Voters: 50,498 Early Voting Days: 0
Precincts: - Early Voting Sites: 0
Polling Places: -
Permanent Absentee Ballots: 15,218
Personnel $ -
Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places -
Security,Polling Place Rentals
Supplies and Services -
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles -
Truck Rentals,GSA Vehicles
Printing and Advertising 50,498.00
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage -
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
In-House&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 5,131.80
Indirect Costs,Logic&Accuracy,Post-Election Audits
*TOTAL $ _56,449.80
*Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your question(s)/race(s)
creates an additional ballot page, the cost will be adjusted accordingly.
For more information,you may contact:
Jose J.Ponce
Deputy Supervisor of Elections
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
.Office:305-499-8320 E-mail:jose.ponce@miamidade.gov
ESTIMATE
City of Miami Beach - Piggyback Election -August 23,2022
Rafael E.Granado,City Clerk Estimate N°: MBEACH-PB-082322
City of Miami Beach Estimate Date: December 16,2021
1700 Convention Center Dr.,#200
Miami Beach, FL 33139
Registered Voters: 50,498 Early Voting Days: 0
Precincts: 25 Early Voting Sites: 0
Polling Places: -
Permanent Absentee Ballots: 15,218
Personnel $ -
Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places -
Security,Polling Place Rentals
Supplies and Services -
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles -
Truck Rentals,GSA Vehicles
Printing and Advertising 25,249.00
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage -
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 660.00
In-House&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 2,590.90
Indirect Costs,Logic&Accuracy,Post-Election Audits
*TOTAL $ 28,499.90
*Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your question(s)/race(s)
creates an additional ballot page. the cost will be adjusted accordingly.
For more information,you may contact:
Jose J.Ponce
Deputy Supervisor of Elections
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499-8320 E-mail:jose.ponce@miamidade.gov
Resolutions R7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: May 4,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF
MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER ARTICLE I, SECTION 2 OF CITY'S
RELATED SPECIAL ACTS ESTABLISHING THE CITY'S BOARD OF
ADJUSTMENT SHOULD BE AMENDED TO PROVIDE THAT
APPOINTMENT OF ONE MEMBER FROM THE ARCHITECTURE
PROFESSION SHALL BE REQUIRED INSTEAD OF PERMISSIBLE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Kristen Rosen Gonzalez
Page 1198 of 1451
ATTACHMENTS:
Description
o Commission Memorandum
o Resolution
Page 1199 of 1451
I''V \I,L
N!``, I B E 1C H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
City Manager Alina T. Hudak
FROM: Rafael A. Paz, City Attorney
DATE: May 4, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF MIAMI
BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER ARTICLE I, SECTION 2 OF CITY'S RELATED SPECIAL ACTS
ESTABLISHING THE CITY'S BOARD OF ADJUSTMENT SHOULD BE
AMENDED TO PROVIDE THAT APPOINTMENT OF ONE MEMBER FROM THE
ARCHITECTURE PROFESSION SHALL BE REQUIRED INSTEAD OF
PERMISSIBLE.
Pursuant to the request of City Commissioner Kristen Rosen Gonzalez, the attached Resolution
has been prepared calling for a City of Miami Beach Special Election to be held on August 23,
2022 for the purpose of submitting to the City's voters the following question:
e RSA Article I: Bodrdt of Adjustment-
Changing "Architecture" Membership Category
from Permissible to Required Membership.
City's Related Special Acts Article I, establishes a Board of Adjustment("BOA")appointed
by City Commission, composed of two citizens at-large and five persons each
representing one of these professions: Law, architecture, engineering, real estate
development, certified public accounting, financial consultation, general business.
Article I thus permits, but does not require, appointment of architect to BOA.
Shall Article I be amended for limited purpose of requiring appointment of one member
from the architecture profession?
The County's deadline for City Commission adoption of a Resolution placing a matter on the
August 23, 2022 CMB Special Election ballot is May 27, 2022. Accordingly, it should be noted
that other than the Commission's May 25, 2022 Presentation and Awards meeting, the May 4,
2022 City Commission meeting is the last regularly-scheduled meeting of the City Commission at
which a Resolution may be adopted placing a ballot question on the City's August 23, 2022
Special Election ballot.
Page 1200 of 1451
Commission Memorandum
May 4, 4022
Page 2
FISCAL IMPACT STATEMENT
The Miami-Dade County Elections Department has provided the City Clerk with an estimate of
approximately $28,499.90 (Cost Estimate for One Page Ballot) and $56,449.80 (Cost Estimate in
the Scenario Multiple Questions Triggers an Additional Page) to conduct the August 23, 2022
„ Special Election, which includes the costs associated with 14 days of Early Voting. (See
Department of Election Estimates). Additionally, the City will incur approximately $42,000 in
legally mandated advertisements, required by the Florida Statutes and the City Code, to notice
this Special Election.
Amount(s)/Account(s):
$28,499.90—Estimate 1-page ballot (Scenario 1) .,
$56,449.80—Estimate 2-page ballot (Scenario 2)
$42,000.00—Legally Mandated Advertisements
Maximum Estimated Amount: $98,449.80
Account: 011-9322-000312-90-400-592-00-00-00
RAP/JO/ag
•
•
Page 1201 of 1451