Miami-Dade Legislative Item
File Number: 121406
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File Number: 121406 File Type: Resolution Status: Adopted
Version: 0 Reference: R-654-12 Control: Board of County Commissioners
File Name: EXTRAORDINARY VOTE IS REQUIRED FOR INCLUDE LAND IN UDB Introduced: 7/5/2012
Requester: NONE Cost: Final Action: 8/23/2012
Agenda Date: 8/23/2012 Agenda Item Number: 10A2
Notes: CHARTER AMENDMENT Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO REQUIRE AN EXTRAORDINARY VOTE TO INCLUDE ADDITIONAL LAND WITHIN THE URBAN DEVELOPMENT BOUNDARY
Indexes: CHARTER AMENDMENT
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 8/23/2012 10A2 Adopted P
REPORT: Commissioner Sosa noted this item was proposing a 2/3 majority vote for any Urban Development Boundary (UDB) expansion. She asked the County Attorney whether this was currently in the Miami-Dade Code. County Attorney Cuevas confirmed that this rule was currently in the Code. Commissioner Sosa pointed out that the November ballot was extremely long, and noted it was unnecessary to keep adding to it as this would confuse the public. Chairman Martinez said he agreed with Commissioner Sosa, noting a number of items were an overreaction to public pressure, and should not be engraved into the County’s constitution. He said that if all of these items were included in the Charter, this would diminish the Board’s ability to adapt and legislate. He suggested, instead, that these items be left as ordinances, which are easier to amend. Chairman Martinez asked the County Attorney to indicate which items were already contained in the Code, either as resolutions or ordinances, and which items could be handled administratively. Assistant County Attorney Oren Rosenthal indicated that Agenda Item 10A2 already existed in the Code; Agenda Item 10A3 could only partially be accomplished by ordinance, as a number of the suggestions would have to be changed through the Charter which provides that the Board has control over incorporation; Agenda Item 10A5 could be accomplished by ordinance; Agenda Item 10A8 could partially be accomplished by the Board, but some of the suggestions would require a Charter amendment; Agenda Item 10A9 could be accomplished by ordinance; Agenda Item 10A13 could partially be accomplished by ordinance or resolution, but some of the suggestions would require a Charter amendment; Agenda Item 10A14 could be accomplished by code; Agenda Item 10A15 could mostly be accomplished by code, but the bid waiver provision would require a Charter amendment. Referring to Agenda Item 10A13, Commissioner Sosa asked whether that question was not raised in the election already but voted down. Assistant County Attorney Rosenthal confirmed that the question was in a slightly different form and was defeated by the voters. Chairman Martinez asked his fellow commissioners what they wished to do regarding Agenda Items 10A2, 10A5 and 10A9 since they could be accomplished by ordinance or resolution. Commissioner Heyman noted all of the items that she sponsored were from the Charter Review Task Force. She stated that she considered the Charter to be a constitutional, fundamental document which governs the way the County government functions. She pointed out that some of the items were brought to the Commission members’ attention by the Task Force members because the County now had a Strong Mayor form of government. Referring to Agenda Item 10A2, Commissioner Heyman said that in view of its importance, any proposed changes to the Urban Development Boundary (UDB) should be approved by a 2/3 vote of the commissioners. She suggested that this be memorialized in the Charter, especially since the State Regulatory Agency had rescinded some of its monitoring responsibility. Commissioner Moss said that he was in favor of having the residents vote on Agenda Item 10A2, because the UDB was such a crucial issue in this community. He pointed out that although this issue was currently contained in the Code, ordinances could be more easily changed than the Charter. Regarding Agenda Item 10A5, Commissioner Moss said that he would like to discuss it and he would be willing to change the way it was handled if this could be more effective. Referring to Agenda Item on 10A9, Commissioner Moss noted he would like to understand the proposal’s fiscal impact, and how it would impact the municipalities that had already incorporated. He pointed out that in a representative democracy, the leaders were elected to represent the people; thus it was not necessary to put everything on the ballot, since the elected officials could vote on behalf on the public. In response to Chairman Martinez’ question Commissioner Moss reiterated that the UDB was of such importance that any proposal to change it should receive a 2/3 vote of the commissioners. He noted this set threshold was currently in an ordinance, but he believed it should be contained in the Charter which could not be changed as easily. Commissioner Bell noted she agreed with Commissioners Heyman and Moss regarding Agenda Item 10A2, and it would not hurt to include the set threshold in the Charter. Commissioner Monestime said that including Agenda Item 10A2 in the Charter would not make much difference, since in the past the Board had approved very few UDB items, it is such an important issue and the public is so involved in the process. Commissioner Sosa said she believed the UDB was too important an issue to be left in an ordinance. She noted she was in support of placing Agenda Item 10A2 on the ballot to include it in the Charter. Commissioner Jordan noted she considered herself a representative of the entire County, not just one district. She said that she did not think it was necessary to place Agenda Items 10A2, 10A5 and 10A9 on the ballot when they could be accomplished by ordinance. She noted she concurred with Commissioner Monestime that including Agenda Item 10A2 in the Charter was not necessary, because it would not make much difference as the ordinance already provided for the 2/3 vote. Referring to Agenda Item 10A9, Commissioner Jordan noted, until the Commission members decided how to define regional government, it would not make sense to place an item that dealt with franchise fees into the Charter. She said that if an item, which was intended to strengthen the UDB or the franchise fees, could be accomplished by ordinance, this would be the preferred option because it allowed flexibility. She pointed out that she could not remember an item that required a 2/3 vote and that had passed in the last few years. Chairman Martinez noted the UDB items regarding Beacon Lakes, Lowes and David Brown were adopted with a 2/3 vote in the last few years. Commissioner Jordan reiterated that if an item could be accomplished without amending the Charter, this would be the preferred option. She pointed out that some of these items had not even been proposed as ordinances. Chairman Martinez noted if a ballot was overloaded, the public had a tendency to vote “no”; he provided the example of the Inspector General, which did not pass. Commissioner Edmonson said that an ordinance could always be changed, and currently the ordinance provided for a 2/3 vote of the Commission members to change the UDB. She noted the purpose of the UDB was to protect natural resources, and placing this issue in the Charter would ensure that a future Board would not be able to change the super majority vote to a simple majority. Therefore, she said, she would support placing Agenda Item 10A2 on the ballot. Commissioner Diaz noted he concurred with Commissioner Jordan. The commissioners were elected to represent the community and it was their responsibility to oversee boundaries. He said he believed that these issues should fall under the authority of the Commission, and the residents had recourse through the State and the courts. Therefore, he noted, he would not support including Agenda Item 10A2 in the Charter. It was moved by Commissioner Heyman that Agenda Item 10A2 be placed on the ballot for inclusion in the Charter. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 10-3; (Chairman Martinez and Commissioners Jordan and Diaz voted “no”).

Board of County Commissioners 7/17/2012 10A2 Deferred 8/23/2012 P

County Attorney 7/5/2012 Assigned Cynthia Johnson-Stacks

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO REQUIRE AN EXTRAORDINARY VOTE TO INCLUDE ADDITIONAL LAND WITHIN THE URBAN DEVELOPMENT BOUNDARY

BODY
WHEREAS, The Board of County Commissioners pursuant to Section 9.07 of the Miami-Dade County Home Rule Charter desires to place the attached Charter amendment before the electors of Miami-Dade County on the November 6, 2012 General Election ballot,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida in conjunction with a General Election on Tuesday, November 6, 2012, for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. 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 twenty-nine (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:
CHARTER AMENDMENT REQUIRING EXTRAORDINARY VOTE TO INCLUDE ADDITIONAL LAND WITHIN THE URBAN DEVELOPMENT BOUNDARY

SHALL THE CHARTER BE AMENDED TO REQUIRE A TWO-THIRDS VOTE OF COUNTY COMMISSIONERS THEN IN OFFICE TO INCLUDE ADDITIONAL LAND WITHIN THE URBAN DEVELOPMENT BOUNDARY ESTABLISHED BY THE COUNTY’S COMPREHENSIVE DEVELOPMENT MASTER PLAN?

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.

OTHER
MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-11
BOARD OF COUNTY COMMISSIONERS

SECTION 1.01 POWERS
A. The Board of County Commissioners shall be the legislative and the governing body of the county. The County shall have the power to carry on a central metropolitan government. The Board’s powers shall include but shall not be restricted to the powers to:
* * *
5. Prepare and enforce comprehensive plans for the development of the county >>; provided, however, any decision to include any additional land within the Urban Development Boundary of the County’s Comprehensive Development Master Plan shall require a two-thirds vote of the Board of County Commissioners then in office<<.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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