R9F -Committee Of The Whole Workshop - Ad Hoc CRBs Charter AmendmentsMIAMIBEACH
Ciry of Miomi Beoch, I200 Conveniion Center Drive, Miomi Beoch, Florido 33'139, www.miomibeochfl.gov
TO:
FROM:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul J. Aguila, City Attorney ZJ C,.?
RafaelE. Granado, City Clerk f-4(
DATE: May 21,2014
SUBJECT: Committee of the Whole Workshop Regarding the Ad Hoc Charter Review Board's
Charter Amendment Recommendations
Backqround:
Pursuant to Section 8.01 of the Miami Beach City Charter, the City Charter "shall be reviewed
ten years from November 3, 1993, and each tenth yearthereafter."
On November 14,2012, via City Resolution No 20'12-28072, the Mayor and City Commission
created an Ad Hoc Charter Review and Revision Board that reviewed the City Charter and
presented its recommendations regarding amendments to the City Charter at the December 11,
2013 City Commission meeting. The Charter Review and Revision Board held 15 meetings prior
to issuing its recommendations.
The Ad Hoc Charter Review and Revision Board expired on January 1,2014; however, on
December 11, 2013, via City Resolution 2013-28446, the Mayor and City Commission
established a new Ad Hoc Charter Review Board (Board) for a period of 120 days to
further review the City Charter and to make additional recommendations regarding
amendments thereto.
The newly formed Ad Hoc Charter Review Board was composed of seven (7) members who
were direct appointees of the individual City Commissioners with the Mayor appointing Stephen
Zack as a member and Chair of the Board. The term of the Board members commenced on
January 2, 2014 and expired on May 2, 2014. The Board submitted a report to the City
Commission on April 23, 2O14, which report included the recommendations concerning
proposed amendments to the City's Charter.
Pursuant to the City Commission's direction at the April 23, 2014 City Commission meeting, a
Workshop to discuss the Charter amendments recommended by the Ad Hoc Charter Review
Board was scheduled for a Committee of the Whole meeting at the May 21,2014 Commission
meeting. Due to scheduling conflicts, this was the first date when all members of the City
Commission would be available for a Workshop.
ln order to place a proposed Charter amendment on the August 26, 2014 Primary Election
ballot, the City Commission must adopt a resolution no later than June 6,2014 calling for a City
Special Election for each question to be placed on the ballot. Proposed resolutions for each of
the recommended Charter amendments are on the May 21,2014 City Commission agenda for
consideration after the Committee of the Whole's Charter Workshop. lf any proposed Charter
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amendment resolutions require additional consideration, they will be placed on the May 28,
2014 City Commission Presentation & Awards meeting agenda for adoption.
Timeframe:
The Board recommended that the City Commission present CRB's recommended Charter
amendments to the voters at the August 26, 2014 Countywide Primary Election.
. May 21, 2014 - Last regularly scheduled City Commission meeting to adopt resolutions
calling for City Special Election for A,ugust 26, 2014 for Charter amendment ballot
questions. (Per County Elections Department, last date by which City Commission may
adopt a resolution placing a Charter amendment on the August 26th ballot is June 6. 2014);
and
. May 28, 2014 - Last regularly scheduled Presentations & Awards meeting, which may be
utilized to adopt resolutions calling for City Special Election for August 26,2014 for Charter
amendment ballot questions. (Per County Elections Department, last date by which City
Commission may adopt a resolution placing a Charter amendment on the August 26'h ballot
is June 6. 2014); and
o July 23, 2014 - Last regularly scheduled City Commission meeting to adopt resolutions
calling for City Special Election for November 4, 2014 for Charter amendment ballot
questions. (Per County Elections Department, last date by which City Commission may
adopt a resolution placing a Charter amendment on the November 4,2Q14 ballot is Auoust
5.2014.)
Charter Review Board Recommendations:
After six public meetings, and presentations by City Staff members and City residents, including:
Jose Smith, City Attorney; Jean Olin, CAO Outside Counsel; Donald Papy, Chief Deputy City
Attorney; Debora Turner, First Assistant City Attorney; Gary Held, First Assistant City Attorney;
Rafael E. Granado, City Clerk; Jose Gonzalez, Director of Transportation; Georgie Echert,
Finance Assistant Director; Commissioner Joy Malakoff; Nancy Liebman, Miami Beach United
(MBU); Mark Needle, MBU; Victor Diaz, Esq., and others, the following Charter amendments
are respectfully being presented to the City Commission for its review and consideration:
l. Proposed Amendment To Citv Charter's "Citizens' Bill Of Riqhts":
1. (C) Remedies for violations.
ln any suit by a citizen alleging a violation of this Bill of Rights filed in the Dade County
eQircuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shallbeentitledtorecovercostSaSfixedbythecourt'is
feund by the eeurt te have willfully vielated this artiele shalt ferthwith ferfeit his effiee er
emBteymen+
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ll. Proposed Citv Charter Amendments:
1. Charter Section 2.02: "Term-Term ligqfig and Compensation"
The term of office of the Mayor shall be two (2) years. The term of office of the City
Commissioners shall be four (4) years.
@ing
terms), t
The term limit for Miami Beach Commissioners shall be two four-vear terms eight
€en€e€c{Yejears and the term limit for Miami Beach Mayor shall be three two-vear
terms six--eenseeutive-ffi respectively, measured retroactively from their first
elections. said terms not including time served as a member of the City of Miami Beach
Commission as a result of having filled a vacancy in the Commission pursuant to Section
2.O7 of the City of Miami Beach Charter so lonq as such time served in fillino a vacancv
does not exceed 50% of that subiect term. Service bv a Commission member in excess
of 50% of anv term of office shall be considered a full term for purooses of the term limit
provisions in this section.
2. Charter Section 2.04: 'lndu€tien Election of Vice-Mavor and meetings"
The City Commission shall, at its first meeting after each general electionjhieh+hallse
within three (3) daye after the general eleetien (or@+unetr
eleetief, at its first meetinq after the runoff election, if a runoff election is held). initiallv
elect from its membership a Vice-Mayor who. during the absence or disability of the
Mayor, shall perform the duties of Mayor. ln the absence or disability of both the Mayor
and Vice-Mayor, the said duty shall be performed by another member appointed by the
Commission.
3. Charter Section 2.07: "Vacancies in eCity eCommission
Any vacancy occurring in the City Commission shall be filled as follows:
a) Vacancv for reasons other than resionation: The Citv Commission shall fill said
vacancv by the vote of the majority of the remaining members of said City Commission
within 30 davs after the vacancv occurs and with the appointee serving the remainder of
the unexpired term until the next succeeding gQeneral city ellection and with any
further remainder of said unexpired term to be filled by a commissioner @.@g elected
at said gQeneral ellection; if the remaining members of the City Commission shall fail
or refuse to fill such vacancy within said 30 days period, @
; then a
s$pecial ellection shall be called and to be held within 90 davs after expiration of the
subiect 30 dav period to elect a Commissioner member to fill such vacancy for the
remainder of the unexpired term.
resionalion to Citv Clerk. with the appointee servino the remainder of the unexoired term
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elected at said General Election. lf the remaininq members of the Citv Commission shall
fail or refuse to fill such vacancv within said 30 day period. then a Special Election shall
be called to be held within 120 davs after expiration of the subiect 30 dav period to elect
a Commission member to fill such vacancy for the remainder of the unexpired term, but
such 30 dav oeriod has expired the Commission mav defer the reouired Special Election
until such Citv General or Countv-wide election.
Provisions related to a Special Election called pursuant to this section. includinq the
qualifvino oeriod and Runoff Election (if required). shall be established in the Citv
Resolution callino the Special Election.
4. charter sections 3.01,4.01, 4.03: [Referring To compensation and salary of the city
Attorney, City Manager and City Clerkl.
ln relevant part, these three Charter Sections provide for "compensation" for the City
Attorney, City Manager and City Clerk. The term "compensation' should be further
reviewed and defined to make it clear that compensation includes benefits in addition to
"salary" and should be consistent with terminology in Section 2.02 relative to the Mayor
and city commissioners. These proposed amendment were approved in concept,
however, proposed text for these seclions is subject to review and consideration.
5. Charter Section 6.04: "Vacancy in candidacy"
lf the death, withdrawal or removal of a qualified candidate for Miami Beach City
Commission following the end of the qualifying period results in enly-ene fewer than two
candidateE remaining on the ballot for that office, there shall be one supplemental
qualifying period of five (5) days beginning on the first business day following the
vacancy in candidacy. No further supplemental qualifying period shall thereafter be
established at all if a vacancy in candidacy occurs within h,yenty-sr*{26} fortv-five (45)
days prior to the date of the general-election for the office of City Commissioner or
Mayor. lf within grenty-six-€$ fortv-five (45) days prior to the date of the generel
election for the office of City Commissioner or Mayor, there is only one candidate on the
ballot for an elected office, said candidate shall be declared elected and no election for
that office shall be required.
Prooosed Related Special Acts Amendments:
1. Related Special Acts, Sec.2r: "Appointment, composition and duties of board of
adjustment."
such board of adjustment shall hear and decide appeals from, and review, any order,
requirements, decision or determination made by an administrative official charged with
the enforcement of the Zoning Ordinance of the City of Miami Beach. Except for those
variance requests specified as part of aoolications for development approval within the
iurisdiction of the Desiqn Review Board or Historic Preservation Board. Wryhere there
1 This proposed amendment is sponsored by City Commissioner Joy Malakoff, and the related Resolution
calling for an August 26, 2014 Special Election is slated for placement on the City Commission's May 21,
2014 agenda.
ilt.
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tv.
are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of said Zoning Ordinance, the board of adjustment shall have the power in passing
upon appeals, to vary or modify any regulations or provisions of such ordinance relating
to the use, construction, or alteration of buildings or structures, or the use of land, so that
the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured,
and substantial justice done. ln no case shall the board have any power to amend the
Zoning Ordinance with reference to the use of land, or jurisdiction over any request for
variance which shall constitute an amendment to the Zoning Ordinance as to the use of
land, nor shall the board have power to grant a height variance greater than 3 feet or any
variance from a property's allowable number of stories (floors). The board shall fix a
reasonable time for the hearing of any matter before it and shall give due notice thereof
to the parties.
Upon the hearing, any person may appear in person or by agent or by attorney. The
board may require that all testimony given before it shall be under oath. Any order or
decision of the board of adjustment shall require an affirmative fivefour-sevenths vote of
the board. The decision of the board of adjustment shall be final and there shall be no
further review thereof except by resort to a court of competent jurisdiction by petition for
writ of certiorari.
Proposed Citv Code Text:
1. City of Miami Beach Code section 2459. "Certain appearances prohibited."
(a) No member of a city board, agency or committee or a member of any board, agency or
committee created hereafter which is designated as a board, agency or committee
subject to the purview of this section shall:
(1) Either directly or through an associate, appear, represent or act on behalf of a third
person before the city commission or any city agency with respect to any agency
action sought by the third person.
(2) Either directly or through an associate be engaged as a lobbyist for and on behalf of
a third person with respect to any official action by any public officer sought by such
third person.
(b) Definitions. As used in this section, the following definitions shall apply:
Agency means any board, commission, committee or authority of the city, whether
advisory, ad hoc or standing in nature.
Assocrate means any person or entity engaged in or carrying on a business enterprise
with a city agency member as a partner, joint venturer, or co-corporate shareholder
where the shares of such corporation are not listed on any national or regional stock
exchange or co-owner of property. Associate shall further include a business affiliation
with a city agency member where an "employee" or "of counsel" relationship exists.
Lobbyist means all persons, firms, or corporations employed or retained, whether paid or
not, by a principal who seeks to encourage the passage, defeat, or modification(s) of any
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of the following: (1) ordinance, resolution, action or decision of any commissioner; (2)
any action, decision, or recommendation of any city board or committee; or (3) any
actlon, decision or recommendation of the city manager, deputy city manager, assistant
city managers, all department heads, all division heads, city attorney, chief deputy city
attorney, deputy city attorneys, and/or all assistant city attorneys (except when such
personnel are acting in connection with administrative hearings) during the time period of
the entire decision-making process on such action, decision or recommendation which
foreseeably will be heard or reviewed by the city commission or a city agency.
"Lobbyist," as defined above, specifically includes the principal, as described above, as
well as any agent, attorney, officer or employee of a principal, regardless of whether
such lobbying activities fall within the normal scope of employment of such agent,
attorney, officer or employee.
(1) For purposes of this section, and with limited applicability to those agencies that are
not standing in nature, "lobbyist" shall exclude any person who only appears as a
representative of a not for profit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union) without special compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to express
support of or opposition to any item.
(2) For purposes of this section, and with limited applicability to those agencies that are
standing in nature:
a. Lobbying by a board, agency or committee member shall be permitted when
such person is affiliated with a not for profit corporation or entity (such as a
charitable organization, a neighborhood or homeowner association, a local
chamber of commerce or a trade association or trade union) in a capacity other
than as a managerial employee and appears as a representative of that
particular not for profit corporation or entity without special compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item.
b. Lobbying by the associate of a board, agency or committee member shall be
permitted:
When a board, agency or committee member is affiliated with a not for profit
corporation or entity in a capacity other than as a managerial employee, and
the subject associate is appearing as a representative of that particular not
for profit corporation or entity without special compensation or reimbursement
for the appearance, whether direct, indirect or contingent, to express support
of or opposition to any item.
When a board, agency or committee member is a managerial employee of a
not for profit corporation or entity, and the subject associate is appearing as a
representative of that particular not for profit corporation or entity without
special compensation or reimbursement for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item and is
affiliated with said not for profit corporation or entity in a capacity other than
as a managerial employee.
(i)
(ii)
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c. The term "managerial employee" shall mean any employee of a nonprofit
corporation or entity who has supervision and operational responsibilities/control
of all or some departments of said entity.
(3) For purposes of this section, and with limited apolicabilitv to Historic Preservation
Board and/or Desion Review Board members who are architects or landscape
architects. lobbvino activities set forth in (a) 1 and 2 above shall be oermitted wlth
reoard to land development aoplications. insofar as said activities are restricted to
Citv oersonnel and Citv aqencies other than the aqency (i.e., Historic Preservation
Board or Desion Review Board) on which the subiect Board member serves and
related Citv personnel servinq in their capacity as staff to such aoencv: this
subsection shall not prohibit such architects or landscaoe architects servino on the
Historic Preservation Board and/or Desiqn Review Board from submittinq plans to
their board on behalf of a client so lonq as such member also makes known at
meetinqs of their board his or her reoresentation of the applicant and disqualifles
himself or herself from speakino or votino or othenrvise particioatinq on such
application.
Public officer means any person elected or appointed to hold office in the city, as a
member of an agency which shall include an advisory body.
Financial lnformation:
The Miami-Dade County Elections Department has provided the Administration an estimate of
$30,551.95 for the City's August 26,2014 Special Election, which includes canvassing costs. (See
attached DOE estimate of cost.) Additionally, the City will incur approximately $32,000 in legally
mandated advertisements, required by the Florida Statutes and the City Code, to notice this
Special Election.
Remaininq Charter lssue Left for Discussion:
The Board devoted one meeting to the issue of "voter reform," but tabled further conversation
on the item as the Board did not think that in the limited time they had they could fully discuss
such a complex and intricate issue. lf the City Commission so desires, the Board is willing to
further discuss this matter, including further exploring such topics as preferential voting and
geographic voting districts.
Sunset of Board:
Pursuant to City Resolution No. 2O13-2U46, the Board sunsetted on May 2,2014. Thus, if the
Board is to continue in existence, a resolution extending the Board's term is required.
M1$CMB\CITYCLER\-OOOO CHARTER 2013\MINUTESUOl4\04102014\LIST OF ITEMS FIt.lAL WORKSHOP VERSION 2.dOCX
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EST!MATE
Piqqvback with Countvwide Primarv Election Auqust 26. 2014
Rafael E. Granado, City Clerk Estimate No: Ma.pB.2o.l4
City of Miami Beach Estimate Date: March 31, 2014
1700 Convention Center Drive, #200
Miami Beach, FL 33139
Registered Voters: 50,729Precincts: 36
Polling Places: 23
Permanent Absentee Ballots: 7,259
Early Voting Days:
Early Voting Sites:
14
20
Personnel
Salaries & Fringe Benefits, Ovedime, Poll Workers
Polling Places
Security, Polling Place Rentars
Supplies and Services
Absentee Ballots Set Up
Trucks and Vehicles
Truck Rentals, GSA Yehicles
Printing and Advertising
Abseotee, Early Voting & Precincl Ballols
Postage
25,364.50
Absentee Balrots Sent and Busioess Reply -
Ballot Creation 2,41O.0O
ln.House & Outside Contrcctual Services, Translations - Based on one questian
Administrative Overhead 2,777.45
lndirect Costs, Logic & Accuracy, Posl-Election Audits
*rorAl $_____l0.5t1-85
" Prease note these cosls are eslimates and are subject to change. This estimate
does include the cosf of ballol prinling; however, it your question(s)/race(s)
creates an additional ballol paoe. the cost will be adjusted accordingly.
For more information, you may contact:
Patricia Prochnicki
Oeputy SOE Finance and Adminislration
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami, Florida 33172
Office: 305.499-8568 E-mail: bproch@miamidade.gov
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l6NE I SUNDAy, MAY1l 2014 NE l4iamiHemld.com I l.llAl*tl HERALo
MIAMIBTACH
CITY OF MIAMI BEACH
NOTICE OF A COMMITTEE OF THE WHOLE MEETING AND T'YORKSHOP
NOTICE l$ HEREBY given that the City Commission of the City of Miami Beach, Florida, sitting as the Committee
of the Whole, will hold a meeting and workshop regarding the Ad Hoc Charter Heview Boad Charter amendment
recommendations. The meeting and workshop is scheduled on Wednesday, May 21, 2014, at 1:30 P.M., in the
City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Orive, Miami Beach, Florida.
lnquiries may be directed to the CityClerk's Office at (305) 673-7411.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent or to express their
views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, First Floor,
City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal
business hours in the City ClerKs Ofiice, 1700 Convention Center Drive, First Floo6 City Hall, Miami Beach, Florida
33'139. This meeting or any of the items herein may be continued, and under such circumstances additional legal
notice will not be provided.
Rafael E. Granado, City Clerk
City of Miami Beach
Fursuant to Section 286.0105, Fla. Stat., the City hereby advises the public thai il a person decides to appeal
any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of othenrise inadmissible or inelevant evidence, nor does it authorize challenges or
appeals not othen /ise allowed by law
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,
please contact us five days in advance at (305) 673-741 1(voice) or TTY users may also call the Florida Relay
Service a1711-
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