TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON AUGUST 24, 2010, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS SHALL HAVE THE AUTHORITY TO ABOLISH A MUNICIPALITY BY ORDINANCE WHERE SUCH MUNICIPALITY HAS TWENTY OR FEWER ELECTORS AT THE TIME OF ADOPTION OF THE ORDINANCE ABOLISHING THE MUNICIPALITY

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. A county-wide special election is hereby called and shall be held in Miami-Dade County, Florida, on August 24, 2010, for the purpose of submitting to the qualified electors of Miami- Dade County, a proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.

Section 2. Notice of such special election shall be published in accordance with Section 100.342, Florida Statutes 2009.

Section 3. The result of such special election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such special 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 special election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such special election, at which time the registration books will close in accordance with the provisions of the general election laws. The question shall appear on the ballot in substantially the following form:

HOME RULE CHARTER AMENDMENT AUTHORIZING COUNTY COMMISSION TO ABOLISH MUNICIPALITIES OF TWENTY OR FEWER ELECTORS SHALL THE MIAMI-DADE COUNTY HOME RULE CHARTER BE AMENDED TO ADD TO THE PROVISION THAT NO MUNICIPALITY SHALL BE ABOLISHED WITHOUT THE MUNICIPAL GOVERNING BODY CALLING AN ELECTION AND WITHOUT THE APPROVAL OF A MAJORITY OF ELECTORS AT SUCH ELECTION TO PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS MAY BY ORDINANCE ABOLISH MUNICIPALITIES WITH TWENTY OR FEWER ELECTORS?

YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.

Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.

Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee 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 in 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, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. 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.

HEADER
Date:

To: Honorable Chairman Dennis C. Moss and
Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution Calling for a Special Election to Modify the Miami-Dade County Home Rule Charter to allow the Miami-Dade County Board of County Commissioners to Abolish a Municipality with Twenty or Fewer Electors

STAFF RECOMMENDATION
Recommendation
It is recommended that the Miami-Dade County Board of County Commissioners (BCC) approve the attached resolution calling for a special election to be held in conjunction with a State of Florida primary election on August 24, 2010. This election will determine if the Miami-Dade County Home Rule Charter (Charter) is amended to allow the BCC to abolish a municipality with twenty or fewer electors.

Scope
This item will have a County-wide impact. Currently the only municipality with twenty or fewer electors is the City of Islandia located in Commission District 9.

Fiscal Impact
This item may have a fiscal impact on the County. Should any municipality�s electorate fall below twenty-one persons, the BCC may consider abolishing that municipality. Depending on the services provided and revenues generated in the area, the impact to the County may be positive or negative.

Track Record/Monitor
The Office of Strategic Business Management currently oversees all incorporation and annexation issues for the County and will continue to do so.

MANAGER'S BACKGROUND
Background
Currently the Miami-Dade County Charter does not contain any provision for the abolition of a municipality where there is no representation. Article 6 of the Charter does make provisions for cities to remain in existence and can only be abolished with approval from a majority of its electors voting in an election for that purpose.

The City of Islandia was created by the BCC in 1960 by Ordinance 60-45 and later approved by 12 voters. Islandia is located in Biscayne Bay, just north of Key Largo consisting of 33 specs of land with Elliot Key being the largest piece of land. The city was formed with the idea of developing the area with luxury hotels, golf courses, waterfront homes and connecting it to the mainland with a bridge. Because the plans for development were so audacious, conservationists fought the idea and the Department of the Interior began to purchase property and now owns most of the island and it is part of Biscayne National Park.

On January 11, 2010, the members of the Florida Legislature Joint Legislative Auditing Committee adopted a motion to encourage Miami-Dade County to proceed with the dissolution of the City of Islandia. According to the Florida Department of Revenue, City of Islandia has failed to file reports required by the State including TRIM compliance and Annual Financial Reports since 1998. According to the Miami-Dade Tax Collector�s Office, the City of Islandia has not filed the proper paperwork to collect the tax revenue associated with the City. Additionally, the Office of the Property Appraiser has not had any contact with the City Clerk or any other official contact for the city in years.

______________________
Jennifer Glazer-Moon
Director, Office of Strategic Business Management