20130719 AM5MIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL 5
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
Continuation of July 17, 2013 Meeting
July 19, 2013
Mayor Matti Herrera Bower
Vice-Mayor Edward L. Tob in
Commissioner Jorge R. Exposito
Commissioner Michael Gongora
Commissioner Jerry Libbin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager J immy L. Morales
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings .
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
R7 -Resolutions
R7T Calling for Special Election Creating (A)19 and (A)20 of the Miami Beach Citizen 's Bill of Rights
1. A Resolution Calling For A November 5, 2013 Special Election , For The Purpose Of Submitting To
The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether Paragraph A(20)
Of The Miami Beach City Charter Citizens ' Bill Of Rights Should Be Created To Acknowledge The
Purpose And Duties Of The City's Condominium Ombudsman As Assisting Condominium And Co-
Op Owners To Navigate Through The City 's Permitting Process; Facilitate Resolution Of Other
Condominium-Related Issues With Other Outside Agencies; And Act As A Liaison Between
Condominium Or Co-Op Owners, Management Firms And The City.
2. A Resolution Calling For A November 5, 2013 Special Election , For The Purpose Of Submitting To
The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether Paragraph A(19)
Of The Miami Beach City Charter Cit izens' Bill Of Rights Should Be Created To Set Forth Therein
The City Of Miami Beach's Policy To Cooperate With The Miami-Dade County Public Schools To
Develop, Operate And Maintain A System Of Public Education, In Cooperation With Other
Appropriate Governmental Agencies, Which Will Strive To Improve The Quality And Quantity Of
Public Educational Facilities Available To The Citizenry Of The City Of Miami Beach, Florida.
(Requested by Commissioner Jerry Libbin)
(Leg islative Tracking: City Attorney's Office)
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~v~IAMI BEACH
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS SHOULD BE CREATED TO ACKNOWLEDGE THE PURPOSE
AND DUTIES OF THE CITY'S CONDOMINIUM OMBUDSMAN AS ASSISTING
CONDOMINIUM AND CO-OP OWNERS TO NAVIGATE THROUGH THE
CITY'S PERMITTING PROCESS; FACILITATE RESOLUTION OF OTHER
CONDOM INIUM-RELATED ISSUES WITH OTHER OUTSIDE AGENCIES;
AND ACT AS A LIAISON BETWEEN CONDOMINIUM OR CO -OP OWNERS,
MANAGEMENT FIRMS AND THE CITY.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER
PARAGRAPH A(19) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS SHOULD BE CREATED TO SET FORTH THEREIN THE CITY OF
MIAMI BEACH'S POLICY TO COOPERATE WITH THE MIAMI-DADE COUNTY
PUBLIC SCHOOLS TO DEVELOP, OPERATE AND MAINTAIN A SYSTEM OF
PUBLIC EDUCATION, IN COOPERATION WITH OTHER APPROPRIATE
GOVERNMENTAL AGENCIES, WHICH WILL STRIVE TO IMPROVE THE
QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES
AVAILABLE TO THE CITIZENRY OF THE CITY OF MIAMI BEACH, FLORIDA.
Pursuant to the request of Commissioner Jerry Libbin, the attached Resolutions are
submitted for consideration by the Mayor and City Commission.
The Resolutions call for a November 5, 2013 Special Election for t he purpose of
submitting ballot questions to the citizens of Miami Beach regarding the creation of
paragraphs (A)19 and (A)20 of the Miami Be ach Citizen 's Bill of Rights .
JS/DT/mmd
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RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH, FLORIDA A QUESTION ASKING WHETHER PARAGRAPH A(20) OF THE
MIAMI BEACH CITY CHARTER CITIZENS' BILL OF RIGHTS SHOULD BE CREATED
TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF THE CITY'S CONDOMINIUM
OMBUDSMAN AS ASSISTING CONDOMINIUM AND CO-OP OWNERS TO
NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS; FACILITATE
RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH OTHER
OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM OR CO-
OP OWNERS, MANAGEMENT FIRMS AND THE CITY.
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, November 5, 2013, 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 in which the official registration books show that the
said electors reside.
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
4
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, 2700 N.W. 871h Avenue, Doral, Florida 33172; Telephone: (305)
499-VOTE (8683).
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 in accordance with the provisions of §50.031 and §100 .342, Florida Statutes , and
Section 38-3 of the Code of the City of Miami Beach.
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 MIAM I
BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M .
UNTIL 7:00 P.M. ON THE 5TH DAY OF NOVEMBER, 2013, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION :
CONDOMINIUM OMBUDSMAN
SHALL PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF
THE CITY'S CONDOMINIUM OMBUDSMAN AS ASSISTING CONDOMINIUM AND
CO-OP OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS ;
FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH
OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM
OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY.
SECTION 7.
_____ YES
_____ NO
That the official ballot to be used in the Special Election to be held on November 5, 2013 ,
hereby called , shall be in substantially the following form , to -wit:
2 5
"OFFICIAL BALLOT"
CONDOMINIUM OMBUDSMAN
SHALL PARAGRAPH A{20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF
THE CITY'S CONDOMINIUM OMBUDSMAN AS ASSISTING CONDOMINIUM AND
CO-OP OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS;
FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH
OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM
OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY.
SECTION 8.
_____ YES
_____ NO
That the 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 ___ day of ________ , 2013.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL GRANADO, CITY CLERK
(Requested by Commissioner Jerry Libbin)
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
CONDOMINIUM OMBUDSMAN
SHALL PARAGRAPH A(20) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO ACKNOWLEDGE THE PURPOSE AND DUTIES OF
THE CITY'S CONDOMINIUM OMBUDSMAN AS ASSISTING CONDOMINIUM AND
CO-OP OWNERS TO NAVIGATE THROUGH THE CITY'S PERMITTING PROCESS;
FACILITATE RESOLUTION OF OTHER CONDOMINIUM-RELATED ISSUES WITH
OTHER OUTSIDE AGENCIES; AND ACT AS A LIAISON BETWEEN CONDOMINIUM
OR CO-OP OWNERS, MANAGEMENT FIRMS AND THE CITY.
_____ YES
_____ NO
II. PROPOSED CHARTER TEXT:
Citizens' Bill of Rights
(A) This government has been created to protect the governed, not the governing. In
order to provide the public with full and accurate information, to promote efficient
administrative management, to make government more accountable, and to insure to all
persons fair and equitable treatment, the following rights are guaranteed:
* * * *
20. Condominium Ombudsman.
The City of Miami Beach hereby acknowledges the purpose and duties of the City's
Condominium Ombudsman as assisting condominium and co-op owners to navigate
through the City's permitting process; to facilitate the resolution of other condominium-
related issues with other outside agencies; and to act as a liaison between condominium
or co-op owners. management firms and the City.
* * * *
4 7
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR A NOVEMBER 5, 2013 SPECIAL ELECTION, FOR
THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH, FLORIDA A QUESTION ASKING WHETHER PARAGRAPH A(19) OF THE
MIAMI BEACH CITY CHARTER CITIZENS' BILL OF RIGHTS SHOULD BE CREATED
TO SET FORTH THEREIN THE CITY OF MIAMI BEACH'S POLICY TO COOPERATE
WITH THE MIAMI-DADE COUNTY PUBLIC SCHOOLS TO DEVELOP, OPERATE
AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION, IN COOPERATION WITH
OTHER APPROPRIATE GOVERNMENTAL AGENCIES, WHICH WILL STRIVE TO
IMPROVE THE QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES
AVAILABLE TO THE CITIZENRY OF THE CITY OF MIAMI BEACH, FLORIDA.
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, November 5, 2013,
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 in which the official registration books show that the
said electors reside.
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
8
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, 2700 N.W. 8?'h Avenue , Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
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 in accordance with the provisions of §50.031 and §100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
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 7:00P.M. ON THE 5TH DAY OF NOVEMBER, 2013 , AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
IMPROVEMENT OF PUBLIC EDUCATIONAL FACILITIES AVAILABLE TO
MIAMI BEACH CITIZENRY
SHALL PARAGRAPH A(19) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO SET FORTH THEREIN THE CITY OF MIAMI BEACH'S
POLICY TO COOPERATE WITH THE MIAMI-DADE COUNTY PUBLIC SCHOOLS TO
DEVELOP, OPERATE AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION, IN
COOPERATION WITH OTHER APPROPRIATE GOVERNMENTAL AGENCIES,
WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC
EDUCATIONAL FACILITIES AVAILABLE TO THE CITIZENRY OF THE CITY OF
MIAMI BEACH, FLORIDA
SECTION 7.
_____ YES
_____ NO
T hat th e offici al ballot to be us ed in the Speci al Election to be held on Novembe r 5,
201 3, he re by call ed , sha ll be in sub stanti ally th e following form, to-wi t:
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"OFFICIAL BALLOT"
IMPROVEMENT OF PUBLIC EDUCATIONAL FACILITIES AVAILABLE TO
MIAMI BEACH CITIZENRY
SHALL PARAGRAPH A(19) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO SET FORTH THEREIN THE CITY OF MIAMI BEACH'S
POLICY TO COOPERATE WITH THE MIAMI-DADE COUNTY PUBLIC SCHOOLS TO
DEVELOP, OPERATE AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION, IN
COOPERATION WITH OTHER APPROPRIATE GOVERNMENTAL AGENCIES,
WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC
EDUCATIONAL FACILITIES AVAILABLE TO THE CITIZENRY OF THE CITY OF
MIAMI BEACH, FLORIDA.
SECTION 8.
_____ YES
_____ NO
That the 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 ___ day of ________ , 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
(Requested by Commissioner Jerry Libbin.)
3
MATTI HERRERA BOWER, MAYOR
APPROVED AS TO
FOR & LANGUAGE
Fo/ EXECUTION
torn:y ~
10
PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 5, 2013 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
IMPROVEMENT OF PUBLIC EDUCATIONAL FACILITIES AVAILABLE TO
MIAMI BEACH CITIZENRY
SHALL PARAGRAPH A(19) OF THE MIAMI BEACH CITY CHARTER CITIZENS' BILL
OF RIGHTS BE CREATED TO SET FORTH THEREIN THE CITY OF MIAMI BEACH'S
POLICY TO COOPERATE WITH THE MIAMI-DADE COUNTY PUBLIC SCHOOLS TO
DEVELOP, OPERATE AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION, IN
COOPERATION WITH OTHER APPROPRIATE GOVERNMENTAL AGENCIES,
WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC
EDUCATIONAL FACILITIES AVAILABLE TO THE CITIZENRY OF THE CITY OF
MIAMI BEACH, FLORIDA.
_____ YES
_____ NO
II. PROPOSED CHARTER TEXT:
Citizens' Bill of Rights
(A) This government has been created to protect the governed, not the governing. In
order to provide the public with full and accurate information, to promote efficient
administrative management, to make government more accountable, and to insure to
all persons fair and equitable treatment, the following rights are · guaranteed:
* * * *
19. Improvement of Public Educational Facilities available to Miami Beach Citizenry.
It shall be the policy of the City of Miami Beach to cooperate with the Miami-Dade
County public schools to develop. operate and maintain a system of public education.
in cooperation with other appropriate governmental agencies. which will strive to
improve the quality and quantity of public educational facilities available to the citizenry
of the City of Miami Beach. Florida
* * * *
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