LTC 222-2024 Receipt of Signed Resolution No. R-457-24MIAMI BEACH
OFFICE OF THE CITY CLERK
LTC#
LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager
Ricardo J. Dopico, City Attorney
Nick Kallergis, Deputy City Attorney ~ J
Rafael E. Granado, City Clerk /Y
June 3, 2024
Receipt of Signed Resolution No. R-457-24: Countywide Special Election for Fire
Station Construction in Flamingo Park
I am writing to inform you that we have received the signed Resolution No. R-457-24 from the
Miami-Dade County Board of County Commissioners. A copy of the Resolution is attached.
The Resolution calls for a Countywide Special Election in Miami-Dade County, at the request of
the City of Miami Beach, Florida to be held in conjunction with the Primary Election on Tuesday,
August 20, 2024, to submit to the electors of Miami-Dade County, in accordance with Article 7 of
the Miami-Dade Home Rule Charter, the question of whether to authorize the City of Miami Beach
to construct a Fire Station at the western boundary of Flamingo Park on Alton Road between 11th
Street and 12th Street in Miami Beach.
F:\CLER\CLER\000_ELECTION\000000 2024 Presidential Primary Election (Countywide ONLY) - Fire Station Election\L TC DRAFT
COUNTY RESOLUTION - R-456-24.d0cx
222-2024
OFFICIAL FILE COPY
CLERK OF THE BOARD
OF COUNTY COMMISSIONERS
MIAMI-DADE COUNTY, FLORIDA
MEMORANDUM
Agenda Item No. 1 l(A)(6)
TO: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners
DATE: May 21, 2024
FROM: Geri Bonzon-Keenan
County Attorney
SUBJECT: Resolution calling a countywide
special election in Miami-Dade
County, Florida, at the request of
the City of Miami Beach, Florida
to be held in conjunction with the
primary election on Tuesday,
August 20, 2024, for the purpose
of submitting to the electors of
Miami-Dade County, in
accordance with Article 7 of the
Miami-Dade Home Rule Charter,
the question of whether to
authorize the City of Miami
Beach to construct a fire station
at the western boundary of
Flamingo Park on Alton Road
between 11th Street and 12th
Street in Miami Beach
Resolution No. R-457-24
The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Eileen Higgins.
Geri Bonzon-Keenan
County Attorney
GBK/uw
MDC001
MEMORA NDUM
(Revised)
TO: Honorable Chairman Oliver G. Gilbert, III
and Members, Board of County Commissioners
DATE: May 21, 2024
FROM: @fl..
County Attorney
SUBJECT: Agenda Item No. l l(A)(6)
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's
present , 2/3 membership_, 3/5's __ , unanimous_, CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) __ , COMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) or COMP 9 vote
requirement per 2-116.1(4)(c)2) )to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
MDC002
Approved Nayor
Veto
Override
RESOLUTION NO.
Agenda Item No. 1 l(A)(6)
5-21-24
R-457-24
RESOLUTION CALLING A COUN TYWIDE SPECIAL
ELECTION IN MIAMI-DADE COUNTY, FLORIDA, AT THE
REQUEST OF THE CITY OF MIAMI BEACH, FLORIDA TO BE
HELD IN CONJUNCTION WITH THE PRIMARY ELECTION
ON TUESDAY, AUGUST 20, 2024, FOR THE PURP OSE OF
SUBMITTING TO THE ELECTORS OF MIAMI-DADE
COUNTY, IN ACCORDANCE WITH ARTICLE 7 OF THE
MIAMI-DADE HOME RULE CHARTER, THE QUESTION OF
WHETHER TO AUTHORIZE THE CITY OF MIAMI BEACH TO
CONSTRUCT A FIRE ST A TION AT THE WESTERN
BOUNDARY OF FLAMINGO PARK ON ALTON ROAD
BETWEEN 11TH STREET AND 12TH STRE ET IN MIAMI
BEACH
WHEREAS, Article 7 of Miami-Dade County's Home Rule Charter ("Article 7)
establishes a policy that "[plarks, aquatic preserves, and lands acquired by the County for
preservation shall be held in trust for the education, pleasure, and recreation of the public and they
shall be used and maintained in a manner which will leave them unimpaired for the enjoyment of
future generations as a part of the public's irreplaceable heritage"; and
WHEREAS, Article 7 applies to both parks and lands owned by the County as well as to
all municipal property, except municipal property owned by Coral Gables, Hialeah, Hialeah
Gardens, Miami, Sweetwater and West Miami; and
WHEREAS, under Article 7, voter approval in a County-wide referendum is required prior
to the construction of permanent structures in public parks, subject to certain exceptions; and
WHEREAS, on April 3, 2024, the City Commission of the City of Miami Beach adopted
a resolution requesting that a County-wide referendum be placed before the electors of Miami-
Dade County at the August 20, 2024 Primary Election regarding construction of a fire station in
Flamingo Park on Alton Road in Miami Beach; and
MDC003
Agenda Item No. 11(A)(6)
Page No. 2
WHEREAS, Alton Road is a major arterial thoroughfare in Miami Beach, and the location
of a fire station along Alton Road would improve fire department levels of service and emergency
response times for surrounding neighborhoods, thereby maximizing the fire department's
execution of its duties to the public; and
WHEREAS, the alternative location identified for the construction of the fire station, the
South Shore Community Center, located at 833 6th Street, would require the demolition of a
building of considerable importance to the character of the surrounding neighborhood, as it was
designed by renowned architect Morris Lapidus; and
WHEREAS, the South Shore Community Center holds tangible importance to its
surrounding neighbors, as it has housed the Rainbow Childcare Center for over three decades,
providing consistent, vital childcare services to nearby residents; and
WHEREAS, the South Shore Community Center also houses South Florida Seniors in
Action, Inc. ("SFSIA"), which provides a variety of services to the elderly community in Miami
Beach ( e.g., food distribution, healthcare eligibility, etc.); and
WHEREAS, the South Shore Community Center also houses the Miami Dade County
Community Action Agency ("CAA"), which operates the South Beach Community Enrichment
Center, which empowers economically disadvantaged individuals, families, and communities to
achieve self-sufficiency through resource mobilization, service delivery, education, and advocacy;
and
WHEREAS, the construction of the fire station at the western edge of Flamingo Park
would be upon an underutilized portion of the park that sits between a major roadway (Alton Road)
and a portion of the track encircling Abel Holtz Stadium; and
MDC004
Agenda Item No. 11 (A)(6)
Page No. 3
WHEREAS, the proposed fire station would occupy approximately 40,000 square feet,
which represents approximately 2.5 percent of the total area of Flamingo Park, and construction
of the fire station there would provide maximum public benefit on a small and underutilized parcel;
and
WHEREAS, per the Miami Beach Fire Department, the location of the proposed fire
station would improve response times in the South of 5th area, which includes a densely populated
high rise residential and commercial area, as well as improved response times to Star, Palm, and
Hibiscus Islands, and the MacArthur Causeway; and
WHEREAS, the City of Miami Beach is committed to building its fire department a
modem station that is National Fire Protection Association ("NFPA") compliant, designed to meet
the current needs for emergency services, and able to grow to meet future needs; and
WHEREAS, this Board desires to honor the City of Miami Beach's request to place this
measure on the August 20, 2024 Primary Election ballot,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. In accordance with Article 7 of the Miami-Dade County Home Rule
Charter, a countywide special election is hereby called and shall be held in Miami-Dade County,
Florida in conjunction with the Primary Election on Tuesday, August 20, 2024, for the purpose of
submitting to the qualified electors of Miami-Dade County the proposal approved by the City of
Miami Beach seeking authorization to construct a fire station at Flamingo Park in Miami Beach.
Section 2. Notice of such election shall be published in accordance with section
100.342, Florida Statutes.
MDC005
Section 3.
Agenda Item No. 11 (A)(6)
Page No. 4
The result of such election shall be determined by a majority of the qualified
electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open
from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade
County, Florida shall be entitled to vote at said election. The County registration books shall
remain open at the Office of the Miami-Dade County Supervisor of Elections until 29 days prior
to the date of such election, at which time the registration books will close in accordance with the
provisions of general election laws. The question shall appear on the ballot in substantially the
following form:
REFERENDUM REGARDING CONSTRUCTION OF FIRE
ST A TION IN FLAMINGO PARK ON AL TON 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 11 TH AND 12TH
STREETS, FROM WESTERN BOUNDARY OF PARK ON
AL TON ROAD EXTENDING 150 FEET TO THE EAST, TO
IMPROVE FIRE DEPARTMENT LEVELS OF SERVICE AND
EMERGENCY RESPONSE TIMES FOR SURROUNDING
NEIGHBORHOODS?
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Section 4. The form of the ballot shall be in accordance with the requirements of
general election laws.
MDC006
Agenda Item No. 11 (A)(6)
Page No. 5
Section 5. Early voting shall be conducted in accordance with the requirements of
general election laws.
Section 6. Vote-by-mail paper ballots may be used by qualified electors of Miami-
Dade County for voting on this question. The form of such vote-by-mail ballot shall be in
accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal
aforesaid will appear at this election shall be published and provided in accordance with the
applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted
mn accordance with applicable provisions of the general laws relating to elections and the
provisions of the Miami-Dade County Home Rule Charter. The County Mayor, or his or her
designee, and the Clerk of the Court and Comptroller are hereby authorized and directed to take
all appropriate actions necessary to carry into effect and accomplish the provisions of this
resolution. Election officials in connection with this election shall be appointed in accordance
with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in
accordance with the provisions of section 3 .07 of the Home Rule Charter.
Section 10. This Resolution shall sunset and the special election called herein shall be
cancelled in the event that: (1) such resolution is either reconsidered and repealed by the City of
Miami Beach; or (2) such resolution is invalidated by a court of competent jurisdiction.
MDC007
Agenda Item No. 11(A)(6)
Page No. 6
The Prime Sponsor of the foregoing resolution is Commissioner Eileen Higgins. It was
offered by Commissioner Eileen Higgins , who moved its adoption. The motion was
seconded by Commissioner Raquel A. Regalado and upon being put to a vote, the vote was
as follows:
Oliver G. Gilbert, III, Chairman aye
Anthony Rodriguez, Vice Chairman aye
Marleine Bastien aye Juan Carlos Bermudez aye
Kevin Marino Cabrera absent Sen. Ren~ Garc~a aye
Roberto J. Gonzalez aye Keon Hardemon aye
Danielle Cohen Higgins absent Eileen Higgins aye
Kionne L. McGhee absent Raquel A. Regalado aye
Micky Steinberg aye
The Chairperson thereupon declared this resolution duly passed and adopted this 21st day
of May, 2024. This resolution shall become effective upon the earlier of (1) 10 days after the
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective
only upon an override by this Board, or (2) approval by the County Mayor of this resolution and
the filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
JUAN FERNANDEZ-BARQUIN, CLERK
By: Basia Pruna
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency. ~
Michael B. Valdes
MDC008