20140723 SM1MIAMI BEACH
Gity Gommission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 23,2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Commissioner Joy Malakoff
Comm issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VIl, 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 Iobbying 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.
SUPPLEMENTAL AGENDA
R7 - Resolutions
R7C A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year(FY) 2013114.11:00 a.m.
Public Hearinq
(Budget & Performance I mprovement)
(Memorandum & Resolution)
RTCC A Resolution Calling ForAn November 4,2014 Special Election, ForThe Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Charter
Section 1.03 Governing "Powers Of City" Should Be Amended To Require That The Sale,
Exchange, Conveyance, Transfer, Or Lease Of Ten Years Or Longer Of Any City-Owned Real
Property lnterest Be At No Less Than Fair Market Value, Subject To Waiver Of Said Requirement
By A Unanimous Vote Of Those Members Of The City Commission With The Power To Vote,
Finding Such Waiver To Be ln The Public lnterest?
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: City Attorney's Office)
(Deferred from June 11,2014 - RgN)
(Moved from item R9F)
(Memorandum & Resolution)
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2
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA,
ADOPT]NG THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND,
INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR
2013t14.
Item Summary/Recommendation:
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2013114were approved on September 30, 2013, with the adoption
of Resolutions No. 2013-28351 and No. 2013-28355. The budgetforthe Police Conflscation Trust
Funds for Fiscal Year 2013/14 was approved on September 30, 2013, with the adoption of
Resolution No. 201 3-28359.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds budgets for FY 2013114 was approved on January 15,2014, by resolution2014-
28469. The Second Amendment to the General Fund, Enterprise Funds, lnternal Service Funds,
and Special Revenue Funds budgets for FY 2013114 was approved on April 23, 2014, by
resolution 2014-28564. The Third Amendment to the General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds budgets for FY 2013114 was approved on June 11,
2014, by resolution 2014-28626. Section 166.241(4)(c.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original budget.
The Fourth Amendment would carry forward funding of Confiscated Trust Funds from FY 2012113
to FY 2013114 and realign funding in the Property Management and Parks & Recreation
departments to implement a new service model for trades.
Clerk's Office islative Tracki
AGE}IBA ITEM R1C
Ensure expenditure trends are sustainable over the long term.
Financial lnformation:
Source of
Funds(ral\r I
Amount Account
$95,000 Confiscated Trust Fund - State
John Woodruff, OBPI Director
{s MIAMIBilACH nxvw. 1-23'll3
g MIAMIBEACH
Cify of Miqmi Beoch, l70O Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 23,2014
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE
GENERAL FUND, ENTERPRISE FUND, ]NTERNAL SERVICE FUND AND
SPECTAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FYI2013114
ADM!NISTRATION RECOMMEN DATION
Adopt the resolution amending the FY 2013114 General Fund, Enterprise Funds, Internal
Service Funds, and Special Revenue Funds budgets.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2013/14 were approved on September 30, 2013, with the
adoption of Resolutions No. 2013-28351 and No. 2013-28355. The budget for the Police
Confiscation Trust Funds for Fiscal Year 2013114 was approved on September 30, 2013,
with the adoption of Resolution No. 2013-28359.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2013114 was approved on January 15,2014, by
resolution 2014-28469. The Second Amendment to the General Fund, Enterprise Funds,
lnternal Service Funds, and Special Revenue Funds budgets for FY 2013114 was approved
on April 23, 2014, by resolution 2014-28564. The Third Amendment to the General Fund,
Enterprise Funds, lnternal Service Funds, and Special Revenue Funds budgets for FY
2013114 was approved on June 11,2014, by resolution2014-28626. Section 166.241(4)(c.),
Florida Statutes, requires that a municipality's budget amendment must be adopted in the
same manner as the original budget.
The Fourth Amendment would carry forward funding of Confiscated Trust Funds from FY
2012113 to FY 2013114 and realign funding in the Property Management and Parks &
Recreation departments to implement a new service model for trades.
TO:
FROM:
DATE:
SUBJECT:
sron
4
Fourth Amendment to the FY 2013/14 General Fund, Enterprise, lnternal Service, and Special Revenue Funds Budgets
Page 2
Gonfiscation Trust Fund (State) - Police Department
The Fourth Amendmentwould rollforward $95,000 of funding from FY2012l13thatwas not
spent before the end of the fiscal year to the FY 2013/14 budget. On May 8,2013, the City
Commission approved Resolution No. 2013-28216 thatfunded $95,000 to purchase a new
fixed multi-camera license plate reader (LPR) system ($85,000) and a conventional
surveillance camera system ($10,000) to be mounted on Venetian Causeway structures and
drawbridge. The Miami Beach Police Department and the Venetian Homeowner Association
recommended the installation of the LPR on the Causeway. The LPR reads motor vehicle
tags on a 24 hourlT day a week basis. The tag information would be compared to a
database of messages that would range from vehicles or drivers involved in felonies to traffic
related offenses and enhance the Police Department's capability to deter crime. The
conventional surveillance camera on the drawbridge would monitor bridge openings and
closings to facilitate timely responses to emergency calls for service and special events.
Florida Statute 932.7055 provides for expenditures of forfeiture funds for law enforcement
purposes. The Miami Beach Chief of Police, Daniel J. Oates, reviewed and identified the
need for the appropriation of these funds and ensured that the expenditures of forfeiture
funds are in compliance with Section 932.7055, Florida State Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Propertyfor Local Law EnforcementAgencies. As
a matter of policy, confiscation funds are typically utilized for capital purchases or one-time,
non-recurring expenses, including specialized equipment, grant matches and organizational
training.
Propertv Mgmt. Fund / General Fund - Propertv Mqmt. and Parks & Recreation
The Fourth Amendmentwould realign funding within the Property Managementand Parks &
Recreation departments to reflect a new service model for trades such as carpenters,
electricians, masons, painters, and plumbers. This is partof an overallstrategyto empower
each department to control priorities in order to improve the level of maintenance and
condition of our facilities. ln the 2014 Community Survey, residents rated the appearance
and maintenance of the City's public buildings at 79 percent, a decrease from 87 percent in
the 2012 survey. The new model should provide greater flexibility and potentially enhanced
services for specialty work while not resulting in any employees losing employment with the
City. However, we will be reducing the number of positions by twenty-two with associated
savings in equipment, materials, supplies, etc. ln addition, the new model provides greater
flexibility by allowing each department to address their own priorities, minimize delays, and
avoid competing department interests. The twenty employees affected by the change (two
positions are currently vacant) would be placed in alternate positions within Public Works
and the Parks and Recreation department. Furthermore, their current compensation and
benefits would not be impacted. Any savings resulting from this change would be used to
enhance services.
For the FY 2013114 budget, $104,000 would be realigned from property management
internal service charges to professional services in the Parks & Recreation department. ln
the Property Management department, there would be a $208,000 savings to salaries and
benefits, which would be offset by a $104,000 reduction in revenue from the charge back to
Parks & Recreation and professional services expenditures would be increased by
$104,000. These numbers are pro-rated based on two months remaining in the fiscal year.
5
Fourth Amendment to the FY 201 3/1 4 General Fund, Enterprise, lnternal Service, and Special Revenue Funds Budgets
Page 3
CONCLUS!ON
The Administration recommends that the Mayor and City Commission adopt the Fourth
Amendment to the General Fund, Enterprise Fund, lnternal Service Fund, and Special
Revenue Fund Budgets for Fiscal Year (FY) 2013114.
JLM/JW./---\kr1)
\-
6
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE FOURTH AMENDMENT TO
THE GENERAL FUND, ENTERPRISE FUND, INTERNAL
SERVICE FUND, AND SPECIAL REVENUE FUND
BUDGETS FOR FTSCAL YEAR (FYl2013114.
WHEREAS, the budgets for the General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds for Fiscal Year 2013114 were approved on
September 30,2013, with the adoption of Resolution Nos. 2013-28351 and 2013-28355;
and
WHEREAS, the budget for the Police Confiscation Trust Fund for Fiscal Year
2013114 was approved on September 30, 2013, with the adoption of Resolution No.
2013-28359; and
WHEREAS, the First Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013114 was
approved on January 15,2014, with the adoption of Resolution No. 2014-28469; and
WHEREAS, the Second Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013/14 was
approved on April 23,2014, with the adoption of Resolution No. 2014-28564; and
WHEREAS, the Third Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2013114 was
approved on June 11,2014, with the adoption of Resolution No. 2014-28626; and
WHEREAS, the Property Management and Parks & Recreation departments
need to realign funding within their respective department budgets in the General Fund
to implement a new service model for trades; and
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police
Confiscation Trust Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscation Trust
Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse
education and prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds upon request
to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach
Police Department by the City of Miami Beach Commission; and
WHEREAS, the Police Confiscation Trust Fund - State budget for fiscal year
201312014 requires a budget amendment in the amount of $95,000 to roll foru'rard
funding from FY 2012113 to purchase a new license plate reader system and
conventional surveillance camera on the Venetian Causeway as reflected in the
attached Exhibit "A"; and
7
WHEREAS, funds in the amount of $95,000 are available in the Police
Confiscation Trust Fund; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a
written certification which states that this request complies with the provisions of Section
932.7055 of the Florida Statutes (written certification attached as Exhibit "B"), and the
Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement
Agencies.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH that the Mayor and City Commission
hereby adopt the Fourth Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2013114 as
shown in Exhibits "A" and "8".
PASSED and ADOPTED this 23d day of July, 2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
City Attorney Date
APPROVED AS TO
FORM & LANGUAGE
8
Exhibit "A"
Flzol3lT4Proposed, Proposed FY 2013174 Proposed
Amended Budeet : Amendment r Amended Budget
REVENUE/APPROPRIAiIONS
Resort Tax
sth & Alton Gara-ge{rfi19 Shap of s-hortf-att
Art ln Public Places
-- i ;iiC^ooo"
2,161,000
5021000,
758,000
L42pO0 -
50,000 ,
111,000
27spoo
420,000
489r000
1,611,0-0-q
11608r000
608,600
591558-,00_0_.
, ..^-2f -1-6
110-.9-,0.-;
602,000
768,000
.. La2qqq ;
.-.. -.. .5o.ooo.
111,000
22s,000 ;
;- izyo,ooo :
4891000
1,611,000
91--1,400 _,.
77,000 :
1,508r00o
608,600
- . 9!r0o0, ,,oor?;33
69,342,000,s 9s,000 s 69,437,O@
9
l, Daniel J. Oates,
aforementioned proposed
Confiscation Trust Fund,
complies with
Equitable
Date
EXHIBIT'B'
CERTIFICATION
Chief of Police, City of Miami Beach, do hereby certify that the
request for expenditures from the City of Miami Beach Police
for the 201312014 fiscal year providing funds for expenditures,
of Section 932.7055(4)(a), Florida Statutes, and the Guide to
Property for Local Law Enforcement Agencies.
mi
:s, Chief of Police
Pqlice Department
I
,l l"l
Beach
,,1,
10
14NE I THURSDAY, .JULY 10, 2O]4 NE
&AlAffitffiffi&ffih*
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEREBY Given that public hearings will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floo( City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 23, 2O14,to consider
the following:
10:45 a.m.
A Resolution Amending Resolution No. 2013-28120 Granting A Waiver Of Certain Development
Regulations Regarding The Maximum Building Height Pursuant To Section 142-a25(d) Of The
City's Zoning Ordinance, For The Collins Park Garage Project, Located Within The Museum
Historic District And Collins Park Neighborhood, To Allow An Additional Foudeen (14) Feet ln
Height. lnquiries may be directed to the Capital lmprovement Proiects Office at 305.673.7071 .
10:55 a.m.
A Resolution Accepting The Recommendation Of The Neighborhood/Community Aifairs
Committee At lts May 30,2014 Meeting And Approving By 5/7h Vote, Following A Duly Noticed
Public Hearing, The Renaming Of The lce Skating Rink ln The lnterior Of The Scott Rakow Youth
Center ln Memory Of Barbara Medina. lnquiries may be directed to the Parks and Recreation
Dep arlment at 30 5. 67 3.7 7 3 0.
11:00 a.m.
A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY.1 2013/14.lnquiies may be
directed to the Budget Office at 305.673.7510.
11:05 a.m.
Euclid Right Of Way Project
A Resolution Following Second And Final Reading, And After A Duly Noticed Public Hearing,
Approving And Authorizing The Mayor And City Clerk To Execute A Development Agreement
Between The City And Jameck Development, lnc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape lmprovement ln The City's Right Of Way,
At The Portion Of Euclld Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Project) lncluding, Without Limitation, Removal Of The Disconnect Vault And
Landscape, lnstallation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion
Of Euclid Avenue To Vehicular Traffic As Part Of An Extension Of The Lincoln Road Pedestrian
Mall; Said Project Having A Total Budgeted Cost To The City, ln The Total Sum Of $485,821, With
Any Additional Funds For The Project To Be Covered By The Developer; With Such City Funds
To Be Appropriated From Miami Beach Redevelopment Agency (Historic Conventlon Village/City
Center RDA) Funds. lnquiries may be directed to the depaftment of Tourism, Culture & Economic
Dev el o p m ent at 305. 67 3.7 577.
Dr. Stanley Sutnick Citizen's Forum - The times for the Dr. Stanley Sutnick Citizen's Forum are
8:30 a.m. and 1:00 p.m., or as soon as possible thereafter. Approximately thirty minutes will be
allocated to each session, with individuals being limited to no more than three minutes or for a
period established by the Mayor. No appointment or advance notification is needed in order to
speak to the Commission during this Forum.
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, 1"t Floor, City Hall, Miami Beach, Florida 33139. Copies of these
Items are available for public inspection during normal business hours in the City Clerk's Office,
1700 Convention Center Drive, 1"tFloor, City Hall, Miami Beach, Florida 33139. This meeting,
or any item herein, may be continued, and under such circumstances, additional legal notice need
not be provided.
Pursuant to Section 286.01 05, Fla. Stat., the City hereby advises the public that if 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 otherwise
inadmissible or irretevant evidence, nor does it authorize challenges or appeals not otherurise
allowed by law
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities and/or any accommodation io review any document or participate in any
Clty-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 at 7'1 1.
902
Rafael E. Granado, City Clerk
City of Miami Beach
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&
r.{!!!-
OFFICE OF THE CITY ATTORNEY
RAUI J. AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY GOMMISSION
CITY MANAGER JIMMY MORALES
RAUL.r. ncurl.e? "- [ 0 *,(-
CITY ATTORNEY - 6
JULY 23,2014
RESOLUTION GALLING NOVEMBER 4, 2014 SPECIAL ELEGTTON:
AMENDMENT TO GITY CHARTER SECTION 1.03 TO REQUIRE FAIR
MARKET VALUE FOR SALE, EXGHANGE, CONVEYANCE, TRANSFER OR
LEASE OF TEN YEARS OR LONGER OF CITY PROPERTY.
Pursuant to the request of City Commissioner Ed Tobin, the attached Resolution has been
prepared calling for a City of Miami Beach Special Election to be held on November 4,2014 for
the purpose of submitting to the City's voters the following ballot question:
Shall City Charter section 1.03 governing "Powers of City" be amended to require that the sale,
exchange, conveyance, transfer, or lease of ten years or longer of any City-owned real property
interest be at no /ess than fair market value, subject to waiver of said requirement by a
unanimous vote of fhose members of the City Commission with the power to vote, finding such
waiver to be in the public interest?
This Charter amendment supplements existing City Charter and Code provisions governing the
disposal of City-owned property by mandating that the City obtain no less than the fair market
value for such disposition, subject to waiver by a seven-sevenths City Commission vote finding
waiver to be in the public interest, after public hearing.
Finally, pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 4,2014
ballot is August 5,2014. Accordingly, this matter is timely presented to the City Commission and
adoption of the attached Resolution may take place at today's meeting.
Agenda ltem R? CC
Date 1-231Y13
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA CALLING FOR AN NOVEMBER 4,2014 SPECIAL ELECTION, FOR THE
PURPOSE OF SUBMITTING TO THE ELEGTORATE OF THE CITY OF MIAMI BEAGH,
FLORIDA A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03 GOVERNING..POWERS OF CITY" SHOULD BE AMENDED TO REQUIRE THAT THE SALE, EXGHANGE,
CONVEYANCE, TRANSFER, OR LEASE OF TEN YEARS OR LONGER OF ANY CITY.
OWNED REAL PROPERTY INTEREST BE AT NO LESS THAN FAIR MARKET VALUE,
SUBJEGT TO WAIVER OF SAID REQUIREMENT BY A UNANIMOUS VOTE OF THOSE
MEMBERS OF THE CITY COMMISSION WITH THE POWER TO VOTE, FINDING SUCH
WAIVER TO BE IN THE PUBLIC INTEREST?
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
ln 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 4,2014,
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 as set forth in the attached Exhibit "A".
SECTION 4.
Not less than thirty days 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
14
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordancewith 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:OO
A.M. UNTIL 7:OO P.M. ON THE 4TH DAY OF NOVEMBER,2014, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
Citv Charter Section 1.03:
Citv Propertv Valuation-Fair Market Value.
Shall City Charter section 1.03 governing "Powers of City" be amended to require that the sale,
exchange, conveyance, transfer, or lease of ten years or longer of any City-owned real property
interest be at no less than fair market value, subject to waiver of said requirement by a
unanimous vote of those members of the City Commission with the power to vote, finding such
waiver to be in the public interest?
Yes
No
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SEGTION 6.
That the official ballot to be used in the Special Election to be held on November 4,
2014, hereby called, shall be in substantially the following form, to-wit:
15
..OFFICIAL BALLOT"
Citv Charter Section 1.03:
Citv Propertv Valuation-Fair Market Value.
Shall City Charter section 1.03 governing "Powers of City" be amended to require that the sale,
exchange, conveyance, transfer, or lease of ten years or longer of any City-owned real property
interest be at no less than fair market value, subject to waiver of said requirement by a
unanimous vote of those members of the City Commission with the power to vote, finding such
waiver to be in the public interest?
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 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 _, 2014. 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 Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
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
16
absentee voting.
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.
lf 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 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
(Requested by Commissioner Ed Tobin)
day of 2014.
PHILIP LEVINE
MAYOR
APPRO'ED ASTO
FORM & I-ANGUAGE
TFORE)(ECUTION
17
CIry OF MIAMI BEACH GHARTER SEGTION 1.03:
PROPOSED BALLOT QUESTION AND AMENDED CITY GHARTER TEXT
NOVEMBER 4, 201 4 SPECIAL ELEGTION.
I. PROPOSED BALLOT QUESTION:
Citv Charter Section 1.03:
Citv Propertv Valuation-Fair Market Value.
Shall City Charter section 1.03 governing "Powers of City" be amended to require that the sale,
exchange, conveyance, transfer, or lease of ten years or longer of any City-owned real property
interest be at no less than fair market value, subject to waiver of said requirement by a
unanimous vote of those members of the City Commission with the power to vote, finding such
waiver to be in the public interest?
Yes
No
II. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter:
Sec. 1.03. Powers of eCity.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enableit to conduct municipal government, perform municipal functions, and render municipal
services, and may exercise any power for municipal purposes except as expressly prohibited
by law or this Charter.
(b) Alienability of property.
1. The only limitation concerning alienability of City-owned park, recreation or waterfront
property is the restriction of the sale, exchange, conveyance or lease of ten (10) years or
longer (including option periods) of park, recreation, or waterfront property in the City of Miami
Beach, unless such sale, exchange, conveyance or lease is approved by a majority vote of the
voters in a City-wide referendum. This provision shall be liberally construed in favor of the
preservation of all park, recreation and waterfront lands.
2. The sale, exchange, conveyance or lease of ten years or longer of the following
properties shall also require approval by a majority vote of the voters in a City-wide
referendum: (1) Lofs West of the North Shore Open Space Park: All City-owned property
bounded by 87th Street on the North, Collins Avenue on the East, 79th Street on the South,
and Collins Court on the West; (2) Cultural Campus:All City-owned property bounded by 22nd
Street on the North, Park Avenue on the West, 21st Street on the South, and Miami Beach
Drive on the East; (3) 72nd Sfreef Parking Lof; The City-owned surface parking lot bounded by
73rd Street on the North, Collins Avenue on the East, 72nd Street on the South, and Harding
Avenue on the West; and (4) Lincoln Road Parking Lofs; All City-owned surface parking lots in
the vicinity of Lincoln Road located within the area bounded by 17th Street on the North,
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Euclid Avenue on the East, 16th Street on the South, and West Avenue on the West.
3. The sale, exchange, conveyance or lease of ten years or longer of the following
properties shall require approval by vote of at least sixty (60) percent of the City's voters voting
thereon in a City-wide referendum: (1) Convention Center Parking Lofs; All City-owned surface
parking lots located in the Civic and Convention Center District, generally bounded by Lincoln
Lane on the South, Washington Avenue on the East, Meridian Avenue on the West and Dade
Boulevard on the North; (2) Convention Center Campus: All City-owned property, except for
the Convention Center and Carl Fisher Club House, located within the Civic and Convention
Center District (includes City Hall, 1701 Meridian Street, 555 17th Street,2lst Street
Community Center, The Fillmore Miami Beach/Jackie Gleason Theater, and the 17th Street
Parking Garage). All local laws, charter provisions and ordinances of the City in conflict with
this provision are hereby repealed. This provision shall become effective immediately upon
acceptance of the certification of election results by the City Commission.
4. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-
owned property (otherthan public beach rights-of-way - see (d) herein below, and otherthan
those properties addressed more specifically in this Charter section 1.03) shall, as provided by
Ordinance, require approval by a majority 417 vote of all members of the Planning Board and
6/7 vote of the City Commission.
5. The terms of this Charter section shall not apply to any valid written contractual
commitments or bids or bonded indebtedness, which commitments, bids or indebtedness
existed prior to January 14, 2004; nor shall this Charter section apply to any City property
which is the subject of a settlements of a claim which the City had notice of as of January 14,
2004.
(c) The floor area ratio of any property or street end within the City of Miami Beach shall not be
increased by zoning, transfer, or any other means from its current zoned floor area ratio as it
exists on the date of adoption of this Charter Amendment [November 7,20011, including any
limitations on floor area ratios which are in effect by virtue of development agreements through
the full term of such agreements, unless any such increase in zoned floor area ratio for any
such property shall first be approved by a vote of the electors of the City of Miami Beach. The
provision shall not preclude or othenvise affect the division of lots, or the aggregation of
development rights on unified abutting parcels, as may be permitted by ordinance. ln addition,
this provision shall not apply to settlements of any claims the City has notice of as of December
10, 2003. This CharterAmendment shall become effective on the day after its approval by the
voters of the City of Miami Beach. No rights in derogation of the provisions of this Amendment
under any ordinance or any other action of the Miami Beach City Commission between the time
this measure is approved by the Miami Beach City Commission for placement on a ballot and
the adoption of this Amendment shall be enforced against the City of Miami Beach.
(d) Public Beach Rights-of-Way. fhe sale, exchange, conveyance, lease, or any other transfer
of any City interest in a public beach right-of-way (extending eastward from Collins
Avenue/Ocean Drive to the erosion control line) shall require approval by a majority vote of the
voters in a Citywide referendum, excluding permits of no greater than one year, and excluding
the sale, exchange, conveyance, lease or any other transfer not exceeding 10o/o in width of such
public beach right-of-way.
(e) Public Sfreef-Ends Bordering GU, GC, or Waterfront Land. The sale, exchange,
conveyance, lease, or any other transfer of any City interest in any public street-end bordering
on land designated "Government Use", "Golf Course" or Waterfront land, shall require either the
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unanimous approval of those members of the City Commission with power to vote or approval
by a majority vote of the voters in a Citywide referendum, excluding a sale, exchange,
conveyance, lease, or any other transfer not exceeding 10o/o in width of such street-end which
advances a significant public purpose, and excluding underground utility easements.
(f\ Valuinq the sale, exchanqe, convevance, transfer. or lease of ten vears or lonqer. of a Citv
realpropedyrnferesf. The sale. exchanqe, convevance. transfer. or lease of ten (10) vears or
lonqer. of anv Citv-owned real oropertv interest inclusive of. but not limited to, those enumerated
in this section. shall be at no less than fair market value. as provided bv Ordinance. The
condition of this subsection mav be waived bv unanimous aporoval of those members of the
Citv Commission with the power to vote. upon a findinq bv the Citv Commission that the oublic
interest would be served bv waivinq such condition.
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