Resolution 2024-32999 RESOLUTION NO. 2024-32999
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE MIAMI-
DADE COUNTY BOARD OF COUNTY COMMISSIONERS CALL A
COUNTY-WIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY,
FLORIDA, TO BE HELD IN CONJUNCTION WITH A PRIMARY
ELECTION ON TUESDAY, AUGUST 20, 2024, FOR THE PURPOSE OF
SUBMITTING TO THE DULY QUALIFIED ELECTORS OF MIAMI-DADE
COUNTY, FLORIDA, PURSUANT TO ARTICLE 7 OF THE HOME RULE
CHARTER, THE QUESTION OF WHETHER TO APPROVE THE
CONSTRUCTION OF A NEW FIRE STATION AT THE WESTERN
BOUNDARY OF FLAMINGO PARK ON ALTON ROAD BETWEEN 11TH
STREET AND 12TH STREET IN MIAMI BEACH.
WHEREAS, Article 7 of the Miami-Dade County Home Rule Charter requires voter
approval in a County-wide referendum prior to the construction of permanent structures in public
parks, subject to certain exceptions; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida, desire
to construct a new Fire Station, known as Fire Station No. 1, at the western boundary of Flamingo
Park, on Alton Road between 11th Street and 12th Street in Miami Beach, to improve Fire
Department levels of service and emergency response times for the surrounding neighborhoods;
and
WHEREAS, none of the exceptions to the referendum requirement in Article 7 of the Home
Rule Charter would apply to the proposed site in Flamingo Park; accordingly, a County-wide
referendum is required to approve the construction of the new Fire Station No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Referendum. The City Commission of the City of Miami Beach hereby
requests a referendum to be held throughout Miami-Dade County, Florida, on Tuesday, August
20, 2024, for the purpose of submitting to the duly qualified electors of Miami-Dade County the
question set forth herein. The City Commission hereby requests that the Miami-Dade County
Board of County Commissioners (i)approve the date for the referendum and (ii) direct the Miami-
. Dade County Supervisor of Elections to conduct said election pursuant to the provisions of the
election laws of the State of Florida.
Section 2. Notice of Election. Notice of the election shall be given by the Miami-Dade
County Supervisor of Elections as required by the election laws of the State of Florida and Miami-
Dade County. Such notice shall be substantially in the following form together with such additional
information as the Supervisor of Elections of Miami-Dade County, Florida shall require:
NOTICE OF ELECTION
TUESDAY,AUGUST 20, 2024
IN
MIAMI-DADE COUNTY, FLORIDA
NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED
BY THE MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISSIONERS FROM 7:00 AM. UNTIL 7:00 P.M. ON TUESDAY,
THE 20TH DAY OF AUGUST, 2024, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MIAMI-DADE
COUNTY, FLORIDA THE FOLLOWING QUESTION:
Referendum Regarding Construction of Fire Station in
Flamingo Park on Alton Road in Miami Beach
Article 7 of Home Rule Charter requires voter approval prior
to construction of permanent structures in public parks,
subject to exceptions.
In accordance with Article 7, do you approve construction of
a new Fire Station at Flamingo Park in Miami Beach,
between 11th and 12th Streets, from western boundary of
the Park on Alton Road extending 150 feet to the east, to
improve Fire Department levels of service and emergency
response times for surrounding neighborhoods?
YES
NO
Section 3. Official Ballot. The official ballot to be used in the election to be held on
August 20, 2024, shall be in full compliance with the laws of the State of Florida and shall be
substantially in the following form:
OFFICIAL BALLOT
Referendum Regarding Construction of Fire Station in
Flamingo Park on Alton Road in Miami Beach
Article 7 of Home Rule Charter requires voter approval prior
to construction of permanent structures in public parks,
subject to exceptions.
In accordance with Article 7, do you approve construction of
a new Fire Station at Flamingo Park in Miami Beach,
between 11th and 12th Streets, from western boundary of
the Park on Alton Road extending 150 feet to the east, to
improve Fire Department levels of service and emergency
response times for surrounding neighborhoods?
2
YES
NO
Section 4. Time and Place of Referendum. The polls will be open at the voting
places on the date of such referendum from 7:00 A.M. until 7:00 P.M. All qualified electors
residing within Miami-Dade County shall be entitled and permitted to vote at such referendum on
the proposition provided above. The referendum shall be held at the polling places provided for
general elections in Miami-Dade County, Florida and the inspectors and clerks shall be those
appointed and qualified for general elections in Miami-Dade County, Florida by the Supervisor of
Elections. The inspectors and clerks at each polling place and the Supervisor of Elections shall
canvass the vote and tabulate election returns without delay. Such returns shall show, separately,
the number of qualified electors who voted at such election on such question and the number of
votes cast respectively for and against approval of such question. The returns of the inspectors
and clerks shall, as soon as practicable after the close of the polls, be canvassed by the
Supervisor of Elections, which shall declare and certify the results of such referendum.
Section 5. Form of Ballots. 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 6. Voter Registration. Registration of persons desiring to vote in the Special
Election shall be in accordance with the general laws of the State of Florida governing voter
registration. Qualified persons may obtain registration forms to vote at voter registration centers
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 22, 2024. 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 NW 87th Avenue, Miami, Florida 33172;.Telephone: (305)499-VOTE (8683).
Section 7. Vote-by-Mail. Voters participating via a Vote-by-Mail ballot in the 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 NW 87th Avenue, Miami,
Florida 33172; Telephone: (305)499-VOTE (8683).
Section 8. Election Costs. 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 an invoice or statement approved by the Supervisor of Elections of Miami-
Dade County, Florida.
Section 9. City Clerk. In addition to all other requirements applicable to the conduct
of this Special Election by the Miami-Dade County Supervisor of Elections, the City Clerk of the
City of Miami Beach is hereby directed to publish notice of the adoption of this Resolution and of
its provisions calling,this Special Election in the Miami Herald, a newspaper of general circulation
in Miami Beach, 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. The
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City Clerk is also directed to publish any other notice and take any other action required by the
Miami Beach City Code in conjunction with this Election within the territorial limits of the City of
Miami Beach.
Section 10. Severability. If any section, sentence, clause, or phrase of this Resolution
or of the ballot measure set forth herein is held to be invalid or unconstitutional by any court of
competent jurisdiction, then that holding shall in no way affect the validity of the remaining portions
of this Resolution or ballot measure.
Section 11. Effective Date. This Resolution shall be effective immediately upon its
adoption.
PASSED and ADOPTED this 3 day of 4PrI / • , 2024.
ATTEST:
APR 2024 Steven Meiner, Mayor
Rafael . Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
Co-Sponsored by Commissioner Kristen Rosen Gonzalez
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
3 y"" ,0_,E City Attorney l3 Date
I iCORI OAATEW
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F:WTTO\KALN\RESOLUTIONS\Construction of Fire Station in Flamingo Park on Alton Road nk rev 4-2-2024.docx
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Resolutions-R7 E
M I AM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: April 3, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE MIAMI-DADE
COUNTY BOARD OF COUNTY COMMISSIONERS CALL A COUNTYWIDE
SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN
CONJUNCTION WITH A PRIMARY ELECTION ON TUESDAY, AUGUST 20,
2024, FOR THE PURPOSE OF SUBMITTING TO THE DULY QUALIFIED
ELECTORS OF MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO
ARTICLE 7 OF THE HOME RULE CHARTER, THE QUESTION OF
WHETHER TO APPROVE THE CONSTRUCTION OF A NEW FIRE
STATION AT THE WESTERN BOUNDARY OF FLAMINGO PARK ON ALTON
ROAD BETWEEN 11TH STREET AND 12TH STREET IN MIAMI BEACH.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Commissioner Alex
Fernandez.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
If this Resolution is adopted by the City Commission, the City Clerk will request the estimated
costs to the City from the Miami-Dade County Supervisor of Elections, and the City
Commission will be advised via Letter to Commission.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
Page 950 of 1445
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes Yes
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
D Commission Memorandum
❑ Resolution
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Page 951 of 1445
MI MAI BEAC H
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: April 3, 2024
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE MIAMI-DADE
COUNTY BOARD OF COUNTY COMMISSIONERS CALL A COUNTYWIDE
SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA,TO BE HELD IN
CONJUNCTION WITH A PRIMARY ELECTION ON TUESDAY,AUGUST 20,
2024, FOR THE PURPOSE OF SUBMITTING TO THE DULY QUALIFIED
ELECTORS OF MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO
ARTICLE 7 OF THE HOME RULE CHARTER, THE QUESTION OF
WHETHER TO APPROVE THE CONSTRUCTION OF A NEW FIRE
STATION AT THE WESTERN BOUNDARY OF FLAMINGO PARK ON
ALTON ROAD BETWEEN 11TH STREET AND 12TH STREET IN MIAMI
BEACH.
This Resolution has been placed on the City Commission meeting agenda at the request of
Commissioner Alex Fernandez. On April 3, 2024, the City Commission will consider selecting an
alternate location for the new proposed Fire Station No. 1. One of the alternate locations under
consideration is a site along the western boundary of Flamingo Park, on the east side of Alton
Road between 11th Street and 12th Street.
Article 7 of the Miami-Dade County Home Rule Charter requires voter approval in a County-wide
referendum prior to the construction of permanent structures in public parks, subject to certain
exceptions. If the City Commission elects to proceed with the location at the western boundary of
Flamingo Park, a Countywide referendum would be required, and the adoption of this Resolution
is a necessary first step.
The City Commission cannot, on its own, call a Countywide referendum. Therefore, this
Resolution has been drafted as a request to the Board of County Commissioners to call a
Countywide special election,to be held in conjunction with a primary election on Tuesday, August
20, 2024, for the purpose of submitting the following question to the voters in a Countywide
referendum:
Referendum Regarding Construction ofiFire Station in Flamingo Park on Alton Road
in Miami Beach
Article 7 of the Home Rule Charter requires voter approval prior to the construction of
permanent structures in public parks, subject to exceptions.
In accordance with Article 7, do you approve the construction of a new Fire Station at the
western boundary of Flamingo Park on Alton Road between 11th Street and 12th Street in
Miami Beach, to improve Fire Department levels of service and emergency response times
for the surrounding neighborhoods?
RAP/NK/sp
Page 952 of 1445