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R-2023-091 RESOLUTION NO. 2023- 1 A RESOLUTION OF THE COUNCIL OF MIAMI SHORES 2 VILLAGE, FLORIDA PROVIDING FOR THE SUBMISSION TO 3 THE VILLAGE ELECTORS OF PROPOSED AMENDMENTS TO 4 THE VILLAGE CHARTER, IN ACCORDANCE WITH SECTION 5 6.03 OF THE MIAMI-DADE COUNTY CHARTER; PROVIDING 6 REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE 7 ELECTORATE; CALLING AN ELECTION ON THE PROPOSED 8 AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON 9 APRIL 11, 2023; PROVIDING FOR NOTICE OF ELECTION; 10 PROVIDING FOR BALLOTING; PROVIDING FOR INCLUSION 11 IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, on November 1, 2022, the Miami Shores (the “Village”) Village 15 Council (the “Council”) established an ad hoc Charter Review Committee for the purpose 16 of examining potential revisions to the Village Charter; and 17 WHEREAS, pursuant to Section 2-33 of the Village Code of Ordinances and 18 Section 6.03 of the Miami-Dade County Charter, the Village Council desires to submit 19 proposed Charter amendments to the electors of the Village for approval or rejection. 20 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI 21 SHORES, FLORIDA, AS FOLLOWS: 22 Section 1. Recitals Adopted. The foregoing recitals are incorporated in this 23 Resolution as if fully set forth herein and made a part hereof by reference. 24 Section 2. Charter Amendments. That, as provided by Section 9 below, and 25 pursuant to Section 2-33 of the Village Code of Ordinances, the Village Charter of 26 Miami Shores Village, Florida, is hereby amended to read as follows:1 27 PART I - THE CHARTER AND RELATED LAWS SUB-PART A THE CHARTER 28 CITIZENS’ BILL OF RIGHTS 29 (1)This government has been created to protect the governed, not the governing. In30 order to provide the public with full and accurate information, to promote efficient 31 1 Proposed additions to existing Charter text are shown by underlining; proposed deletions from existing Charter text are shown by strikethrough. Changes made by Village Council are shown by double underline and double strikethrough. 09 2 administration management, to make government more accountable, and to ensure 32 to all persons fair and equitable treatment, the following rights are guaranteed: 33 (a) Convenient Access. Every person has the right to transact village business with 34 a minimum of personal inconvenience. It shall be the duty of the village council 35 and the village manager to provide, within budget limitations, reasonably 36 convenient times and places for registration and voting, for required inspections, 37 and for transacting business with the village. 38 (b) Truth in Government. No municipal official or employee shall knowingly furnish 39 false information on any public matter, nor knowingly omit significant facts when 40 giving requested information to members of the public. 41 (c) Public Records. All audits, reports, minutes, documents and other public records 42 of the village and its boards, agencies, departments and authorities shall be open 43 for inspection at reasonable times and places convenient to the public. 44 (d) Minutes and Ordinance Register. The village clerk shall maintain and make 45 available for public inspection an ordinance register separate from the minutes 46 showing the votes of each member on all ordinances and resolutions listed by 47 descriptive title. Written minutes of all meetings and the ordinance register shall 48 be available for public inspection not later than 30 days after the conclusion of 49 the meeting. 50 (e) Right to be Heard. As long as the orderly conduct of public business may be 51 maintained, any interested person has the right to appear before the village 52 council or village agency, board or department for the presentation, adjustment 53 or determination of an issue, request, or controversy within the jurisdiction of the 54 village. Matters shall be scheduled for the convenience of the public. The village 55 council shall adopt agenda procedure and schedule hearings in a ma nner that 56 will enhance the opportunity for public participation. Nothing herein shall prohibit 57 any governmental entity or agency from imposing reasonable time limits and 58 procedures for the presentation of a matter. 59 (f) Right to Notice. Persons entitled to notice of a village hearing shall be timely 60 informed as to the time, place and nature of the hearing and the legal authority 61 pursuant to which the hearing is to be held. Failure by an individual to receive 62 such notice shall not constitute mandatory grounds for canceling the hearing or 63 rendering invalid any determination made at such hearing. Copies of proposed 64 ordinances or resolutions shall be made available at a reasonable time prior to 65 the hearing, unless the matter involves an emergency ordinance or resolution. 66 (g) No Unreasonable Postponements. No matter, once having been placed on a 67 formal agenda by the village, shall be postponed to another day except for good 68 cause shown in the opinion of the village council, board or agency conducting 69 such meeting, and then only on condition that the affected person shall, upon 70 3 written request, receive mailed notice of the new date of any postponed meeting. 71 Failure by an individual to receive such notice shall not constitute mandatory 72 grounds for canceling the hearing or rendering invalid any determination made at 73 such hearing. 74 (h) Right to Public Hearing. Upon a timely written request from any interested party, 75 and after presentation of the facts to and approval by the council, a public hearing 76 shall be held by any village agency, board, department or authority upon any 77 significant policy decision to be issued by it which is not subject to subsequent 78 administrative or legislative review and hearing. This provision shall not apply to 79 the legal counsel of the village nor to any person whose duties and 80 responsibilities are solely advisory. 81 At any zoning or other hearing in which review is exclusively by certiorari, a party 82 or his/her counsel shall be entitled to present his/her case or defense by oral or 83 documentary evidence, to submit rebuttal evidence, and to conduct such cross 84 examination as may be required for a full and true disclosure of the facts. The 85 decision of such agency, board, department or authority must be based upon the 86 facts in the record. Procedural rules establishing reasonable time and other 87 limitations may be promulgated and amended from time to time. 88 (i) Notice of Action and Reasons. Prompt notice shall be given of the denial in whole 89 or in part of a request of an interested person made in connection with any village 90 administrative decision or proceeding when the decision is reserved at the 91 conclusion of the hearing. The notice shall be accompanied by a statement of the 92 grounds for denial. 93 (j) Manager's and Attorney's Reports. The village manager and village attorney 94 shall periodically make a public status report on all major matters pending or 95 concluded within their respective areas of concern. 96 (k) Budgeting. In addition to any budget required by state statute, the village 97 Manager at the direction of the council shall prepare a budget showing the cost 98 of each department for each budget year. Prior to the village council's first public 99 hearing on the proposed budget required by state law, the village manager shall 100 make public a budget summary setting forth the proposed cost of each individual 101 department and reflecting the personnel for each department, the purposes 102 thereof, the estimated millage cost of each department and the amount of any 103 contingency and carryover funds for each department. 104 (l) Quarterly Budget Comparisons. The village manager shall make public a 105 quarterly report showing the actual expenditures during the quarter just ended 106 against one quarter of the proposed annual expenditures set forth in the budget. 107 Such report shall also reflect the same cumulative information for whatever 108 portion of the fiscal year that has elapsed. 109 4 (m) Representation of Public. The Mayor shall endeavor to designate one or more 110 individuals to represent the village at all proceedings before County, State and 111 Federal regulatory bodies whose actions may significantly affect the village and 112 its residents. 113 (n) Natural Resources and Scenic Beauty. It shall be the policy of the village to 114 conserve and protect its natural resources and scenic beauty, which policy shall 115 include the abatement of air and water pollution and of excessive and 116 unnecessary noise, whenever possible. 117 (2) The foregoing enumeration of citizens' rights vests large and pervasive powers in the 118 citizenry of the village. Such power necessarily carries with it responsibility of equal 119 magnitude for the successful operation of government in the village. The orderly, 120 efficient and fair operation of government requires the pa rticipation of individual 121 citizens exercising their rights with dignity and restraint so as to avoid any sweeping 122 acceleration in the cost of government because of the exercise of individual 123 prerogatives, and for individual citizens to grant respect for the dignity of public office. 124 (3) All provisions of this Bill of Rights shall be construed to be supplementary to and not 125 in conflict with the general laws of Florida. If any part of this Bill of Rights shall be 126 declared invalid, it shall not affect the validity of the remaining provisions. 127 (4) Remedies for violations. Remedies shall be provided in accordance with the Miami-128 Dade County Bill of Rights, as may be amended. 129 SUB-PART B RELATED LAWS 130 *** 131 ARTICLE I. IN GENERAL 132 133 *** 134 Sec. 3. Corporate limits. 135 Editor's note(s)—The original boundary description and subsequent annexations are on 136 file in the clerk's office. 137 (Laws of Fla. 1955, Ch. 31002, § 1) 138 139 Sec. 4. Annexing lands. 140 Editor's note(s)—The text of this section was deleted as superseded by Section 5.04 of 141 the Dade County Charter. 142 Sec. 5. Exclusion of lands. 143 Editor's note(s)—The text of this section was deleted as superseded by Section 5.04 of 144 the Dade County Charter. 145 5 146 ARTICLE II. MUNICIPAL POWERS 147 Sec. 6. General. 148 Editor's note(s)—The text of this section has been deleted since all powers granted herein 149 are covered by F.S. Ch. 166. 150 151 Sec. 7. Taxes. 152 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 153 154 Sec. 8. Public improvements. 155 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 156 157 Sec. 9. Sec. 3. Public utilities. 158 *** 159 160 Sec. 10. Streets and public safety. 161 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 162 163 Sec. 11. Sanitation. 164 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 165 166 Sec. 12. Police. 167 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 168 169 Sec. 13. Paupers. 170 Editor's note(s)—The text of this section has been deleted as of doubtful constitutionality. 171 172 Sec. 14. Regulations and licensing of businesses and prohibition thereof. 173 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 174 175 Sec. 15. Reserved. 176 Editor's note(s)—Ord. No. 414.79, § 2, adopted Nov. 6, 1979, amended § 15 by deleting 177 the substantive provisions thereof and reserving said section. Prior to amendment by 178 6 Ord. No. 414.79, § 15 granted to the village the right and power to establish and set 179 apart separate residential areas or restrictions for members of different races, which 180 provisions were derived from Ch. 26036, Laws of Florida, Acts of 1949. 181 182 Sec. 16. Zoning. 183 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 184 185 Sec. 17. Dangerous structures. 186 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 187 188 Sec. 18. Subdivisions, maps, plats. 189 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 190 191 Sec. 19. Condemnation. 192 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 193 194 Sec. 20. Fines and imprisonment. 195 Editor's note(s)—The text of this section has been deleted as covered by F.S. Ch. 166. 196 197 ARTICLE III ARTICLE II. MAYOR, COUNCIL, ELECTIONS, OFFICERS AND 198 EMPLOYEES 199 200 Sec. 21. Sec. 4. Council number. 201 *** 202 Sec. 22. Sec. 5. Council terms of office. 203 (1) The next election of councilmen councilmembers under this charter shall be held on 204 the third Tuesday in June 1949. Thereafter beginning in 1951 the regular election for 205 the choice of members of the council shall be held on the second Tuesday in April of 206 each alternate year. 207 (2) Run-off elections shall be held if necessary. Run-off elections shall be held for 208 candidates who receive a tie vote. A run-off election shall be held in the same manner 209 and form as the general municipal election. 210 (3) The term of office of the councilmen councilmember receiving the first and second 211 highest number of votes shall be four (4) years and the term of office of the 212 councilman councilmember receiving the third highest number of votes shall be two 213 7 (2) years. No person shall hold office as councilman councilmember for longer than 214 a maximum of eight (8) consecutive years.215 (4)If a vacancy occurs on the council a majority of the remaining members shall appoint216 a qualified person to serve until the next regular election. If the vacancy shall occur217 as to a councilman councilmember whose term does not expire at the next general218 election, then at such next general election, the person receiving the fourth highest219 number of votes shall be deemed elected to serve the unexpired term.220 *** 221 (7) Each person running for elected office shall run independently of any other village222 candidate, and shall refrain from issuing joint campaign literature. Notwithstanding 223 the foregoing, this provision shall not prevent village candidates from endorsing other 224 candidates through other means of communication. This provision shall not be 225 applicable to third parties, including but not limited to Political Action Committees 226 (PACs). 227 (8) All elections for the council shall be conducted on a nonpartisan basis. Neither the228 ballot nor any campaign literature shall show the party designation of any candidate. 229 Nonpartisan office means an office for which a candidate is prohibited from 230 campaigning or qualifying for election or retention in office based on party affiliation. 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 *** Sec. 23. Sec. 6. Elector's qualifications. Any person who has resided continuously in the village for a minimum of one (1) year immediately preceding the date of such filing to qualify for the election, has been a resident of Miami Shores Village for six (6) months, who registers in the procedural manner prescribed by general law and the ordinances of the Miami Shores Vvillage, and who has qualified as an elector of this state, shall be a qualified elector of the Miami Shores Vvillage. *** Sec. 24. Sec. 7. Nomination for councilmembers councilman. *** "We, the undersigned electors of Miami Shores Village, hereby nominate _______, for the office of councilmember Councilman. Name, Street and Number Address from which last registered (if different) Date of Signing. (SPACES FOR SIGNATURE AND REQUIRED DATA) *** Sec. 25. Sec. 8. Election date. *** 251 252 8 Sec. 26. Sec. 9.Council induction into office, meetings.253 Newly elected councilmen councilmembers shall be inducted into office on the first 254 Tuesday next following their election, after which the council shall meet regularly at such 255 times as may be prescribed by its rules or upon call of two (2) or more members. All 256 meetings of the council shall be open to the public. The council shall fix its rules of 257 procedure, and shall act in all matters upon a majority vote of those present, a majority of 258 the council being necessary for a quorum, but less than a quorum may adjourn to a 259 specified time. A minimum of three (3) affirmative votes of the council shall be required 260 on all matters. A councilmember shall forfeit the right to serve at such time as that member 261 ceases to be a legal resident of Miami Shores Village. 262 *** 263 Sec. 27. Sec. 10. Mayor election. 264 *** 265 Sec. 28. Sec. 11. Recall, initiative and referendum. 266 *** 267 Sec. 29. Sec. 12. Delegation of powers by council. 268 *** 269 Sec. 30. Sec. 13. Appointments, establishing departments. 270 *** 271 Sec. 31. Compensation of council. 272 Editor's note— This section was converted to an ordinance by F.S. § 166.021(5). The 273 portion referring to the equalization or budget adjusting board was deleted as obsolete. 274 The remainder of the section was transferred to the Code of Ordinances, Miami Shores 275 Village, Florida, Section 2 -32. 276 277 Sec. 32. Sec. 14. Area of performance; appointments to more than one office. 278 *** 279 Sec. 33. Sec. 15. Personal interests. 280 *** 281 Sec. 34. Sec. 16. Village manager. 282 *** 283 (4)Keep the council advised of the financial condition and future needs of the village284 and make such recommendations as may seem to him desirable;285 (5)Perform such other duties as may be prescribed by this charter or required of286 him by the council.287 *** 288 9 Sec. 18. Prohibition on Interference. 289 Neither the village council nor any of its members shall direct the appointment of 290 any person to office or employment by the village manager, or in any manner prevent 291 the village manager from using his or her own judgment in selecting those officers or 292 employees which they are entitled to appoint or select under provisions of the village 293 charter or other applicable rules and regulations. In the event the council or any 294 member thereof gives a direct order to any subordinate of the village manager, either 295 publicly or privately, which will require the expenditure of substantial time, the 296 subordinate shall request authorization from the village manager or designee to 297 proceed to act on the order. Should the authoriza tion from the village manager or 298 designee not be forthcoming, the subordinate shall take no further action with regard 299 to the order of the council or councilmember. Nothing herein contained shall restrict 300 the power of the council at regular or special meetings by form al motion, resolution 301 or ordinance to establish policies and require compliance therewith by all pers onnel 302 in the service of the village. 303 Sec. 35. Clerk. 304 Editor's note(s)—This section was converted to an ordinance by F.S. § 166.021(5) and 305 transferred to the Code of Ordinances, Miami Shores Village, Florida, Section 2 -46. 306 *** 307 Sec. 36. Sec. 19. Police. 308 *** 309 Sec. 37. Court. 310 Editor's note(s)—The text of this section was deleted as superseded by Fla. Const. Art. 311 V, § 20(d)(4). 312 313 Sec. 38. Oath of office. 314 Editor's note(s)—This section was converted to an ordinance by F.S. § 166.021(5) and 315 transferred to the Code of Ordinances, Miami Shores Village, Florida, Sect ion 2-8. 316 317 Sec. 39. Bonding employees. 318 Editor's note(s)—This section was converted to an ordinance by F.S. § 166.021(5) and 319 transferred to the Code of Ordinances, Miami Shores Village, Florida, Section 2 -9. 320 321 Sec. 40. Procedure for passing ordinances. 322 Editor's note(s)—The text of this section has been deleted as superseded by F.S. § 323 166.041. 324 325 326 10 ARTICLE IV. ARTICLE III. FINANCE AND TAXATION; PUBLIC IMPROVEMENTS 327 328 Sec. 41. Suits against the village. 329 Editor's note(s)—The text of this section has been deleted as superseded by F.S. § 330 768.28. 331 332 Sec. 42. Sec. 20. Fiscal year. 333 *** 334 Sec. 43. Budget preparation; expenditures. 335 Editor's note(s)—The text of this section has been deleted as superseded by F.S. §§ 336 193.023 and 200.065(2)(b) and other sections of the TRIM Act. 337 338 Sec. 44. Assessment roll. 339 Editor's note(s)—The text of sections 44 through 51 have been deleted as superseded 340 by F.S. § 193.116 and the Dade Metro Charter. 341 342 Sec. 45. Budget adoption. 343 Editor's note(s)—See editor's note following section 44. 344 345 Sec. 46. Tax returns and tax discounts. 346 Editor's note(s)—See editor's note following section 44. 347 348 Sec. 47. State tax law to apply. 349 Editor's note(s)—See editor's note following section 44. 350 351 Sec. 48. Tax sale notices. 352 Editor's note(s)—See editor's note following section 44. 353 354 Sec. 49. Correcting assessments. 355 Editor's note(s)—See editor's note following section 44. 356 357 Sec. 50. Tax deeds. 358 Editor's note(s)—See editor's note following section 44. 359 11 360 Sec. 51. Redemption before loss of title by tax deed. 361 Editor's note(s)—See editor's note following section 44. 362 363 Sec. 52. Sec. 21. Reserved. 364 Editor's note— Res. No. 667 -79, § 4, adopted April 17, 1979, declared that Charter 365 Amend. No. 4 was approved by the electorate on April 10, 1979. Said amendment 366 proposed that Art. IV, § 52 be reserved for future use. Prior to amendment, § 52 367 pertained to sewers, and was derived from Ch. 26036, Laws of Florida, 1949. 368 Sec. 53. Improvements generally. 369 Editor's note(s)—The text of this section was deleted as adequately covered by F.S. Chs. 370 166, 170 and 180. 371 372 ARTICLE V. ARTICLE IV. TRANSITIONAL AND MISCELLANEOUS PROVISIONS 373 374 Sec. 22. Sale and lease of municipal property. 375 The sale, exchange, conveyance, lease (including renewal option) of village owned real 376 property shall require approval by a majority vote of electors in a village wide 377 referendum. Notwithstanding the foregoing, this provision shall not be applicable to 378 leases (including renewal options) that are 10 years or less in duration. 379 380 Sec. 54. Sec. 23. Effect on previous actions of council. 381 *** 382 Sec. 24. Charter Review Amendments. 383 (1) The Charter may be amended in accordance with the provisions of Section 6.03 of the384 385 386 387 Home Rule Charter of Miami-Dade County. The village council shall appoint a Charter Review Committee to review and make recommendations regarding potential amendments to the Village Charter, as necessary, but not less than once every ten (10) years. 388 (2) If conflicting amendments are adopted at the same election, the one receiving the389 greatest number of affirmative votes shall prevail. 390 391 Sec. 25. Growth Management. 392 (1)Single family character. Future growth, development, and redevelopment in the village393 shall be compatible with and preserve the village's character as a single -family home 394 community, and minimize the intrusion of incompatible development or land uses onto 395 single-family residential areas. 396 12 397 (2)Height Limit. No building or structure in the village shall exceed 40 feet in height.398 399 Sec. 55. Sec. 26. Separability clause. 400 *** 401 Sec. 56. Sec. 27. Effect of this charter on existing laws. 402 *** 403 Sec. 57. Sec. 28. Taking effect. 404 *** 405 SUBPART B RELATED LAWS 406 407 ARTICLE IV. - EMPLOYEE PENSION FUND 408 *** 409 Section 3. Election Called. That an election is hereby called, to be held on April 410 11, 2023, in conjunction with the general election being held on said date, to 411 present to the qualified electors of Miami Shores Village, the ballot questions which 412 are provided in Section 5 of this Resolution 413 Section 4. Form of Ballot. That the form of ballot for the Charter Amendments 414 provided for in Section 2 of this Resolution shall be substantially as follows: 415 416 1.Technical and Stylistic Amendments.417 418 Currently, the Village Charter contains non-substantive stylistic and technical 419 inaccuracies that require updates and changes. 420 421 Shall the Charter be amended to reflect non-substantive stylistic and technical 422 changes made for clarity, including re-naming and numbering of sections and 423 providing for gender neutrality? 424 425 Yes [ ] 426 427 No [ ] 428 13 429 2. Bill of Rights.430 Currently, the Village Charter does not include a Citizen’s Bill of Rights. 431 432 Shall the Charter be amended to include a Citizen’s Bill of Rights that encourages 433 citizen participation within Village government? 434 435 Yes [ ] 436 437 No [ ] 438 439 3.Run Off Elections.440 Currently, the Charter only provides that a run-off election shall occur when 441 necessary. 442 443 Shall the Charter be amended to specify that a run-off election shall be held, in the 444 same manner and form as the general municipal election, for candidates who 445 receive a tie vote? 446 447 Yes [ ] 448 449 No [ ] 450 451 4. Election Affiliations.452 Currently, the Charter does not include any prohibitions on election affiliation. 453 454 Shall the Charter be amended to specify that Village candidates must run 455 independently from any other Village candidate and refrain from issuing joint 456 campaign literature, with the exception that candidates may make endorsements? 457 458 Yes [ ] 459 14 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 No [ ] 5. Non-Partisan Elections. Currently, the Charter does not specify that Council elections shall be conducted on a nonpartisan basis. Shall the Charter be amended to specify that all Council elections shall be conducted on a nonpartisan basis? Yes [ ] No [ ] 6. Residency Requirement. Currently, as one of the election qualifications, the Village Charter requires a person to have resided in the Village for six (6) months prior to running for office. Shall the Village Charter be amended to require a person to continuously reside in the village for a minimum of one (1) year immediately preceding the date of such filing to qualify for the election? Yes [ ] No [ ] 7. Sale and Lease of Municipal Property. Currently, the Village Charter does not require a referendum for the sale of municipal property. 488 489 15 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 Shall the Village Charter be amended to require approval by majority vote of electors in a Village wide referendum for the sale, exchange, conveyance or lease and renewal option (greater than ten years) of Village owned real property? Yes [ ] No [ ] 8. Charter Review Amendments. Currently, the Village Charter does not specify a time-frame for when the Charter must be reviewed by a Charter Review Committee. Shall the Village Charter be amended to require the Village Council to appoint a Charter Review Committee as necessary, but not less than at least once every ten years. Yes [ ] No [ ] 9. Conflicting Charter Amendments. Currently, the Village Charter does not have a process for when conflicting proposed amendments are voted upon by the Village electorate. Shall the Village Charter be amended to require that if conflicting amendments be adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict? Yes [ ] No [ ] 519 520 16 10. Prohibition on Interference.521 Currently, the Village Charter does not include any prohibitions on the Council’s 522 interference with the Village Manager’s appointment, removal or activities of 523 Village employees. 524 525 Shall the Village Charter be amended to include that neither the Council nor any 526 of its individual members shall dictate the appointment, removal or activities of any 527 Village Manager appointed employees, except the Council may make requests 528 that do not require substantial time of staff? 529 530 Yes [ ] 531 532 No [ ] 533 Section 5. Balloting. That balloting shall be conducted between the hours of 534 7:00 A.M. to 7:00 P.M. on the date of the election, and early and absentee balloting 535 (also known as vote-by-mail ballot) shall also be permitted as provided in 536 conjunction with the general election. Polling places shall be those polling places 537 provided for the general election for the electors of the Village, pursuant to 538 applicable laws. All qualified Village electors who are timely registered in 539 accordance with law shall be entitled to vote. The Villa ge Clerk is authorized to 540 obtain any necessary election administration services from the County Supervisor 541 of Elections. The County registration books shall remain open at the Office of the 542 County Supervisor of Elections until the date at which the registr ation books shall 543 close in accordance with the provisions of the general election laws. The Village 544 Clerk and the County Supervisor of Elections are each hereby authorized to take 545 all appropriate action necessary to carry into effect and accomplish the provisions 546 of this Resolution. This election shall be canvassed by the County Canvassing 547 Board or as required by law. 548 Section 6. Notice of Election. That notice of said election shall be published in 549 accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation 550 within the Village at least 30 days prior to said election , the first publication to be 551 17 in the fifth week prior to the election, and the second publication to be in the third 552 week prior to the election, and shall be in substantially the form: 553 554 555 556 557 558 559 560 561 562 563 1. Technical and Stylistic Amendments.564 565 Currently, the Village Charter contains non-substantive 566 stylistic and technical inaccuracies that require updates and 567 changes. 568 569 Shall the Charter be amended to reflect non -substantive 570 stylistic and technical changes made for clarity, including re -571 naming and numbering of sections and providing for gender 572 neutrality? 573 574 Yes [ ] 575 576 No [ ] 577 578 579 580 NOTICE OF ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO. 2023-09 ADOPTED BY THE VILLAGE COUNCIL OF MIAMI SHORES, FLORIDA, AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE, IN CONJUNCTION WITH THE GENERAL ELECTION ON APRIL 11, 2023 BETWEEN THE HOURS OF 7 A.M. AND 7 P.M. AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSALS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE FOR APPROVAL OR REJECTION: 18 2. Bill of Rights.581 Currently, the Village Charter does not include a Citizen’s Bill 582 of Rights. 583 584 Shall the Charter be amended to include a Citizen’s Bill of 585 Rights that encourages citizen participation within Village 586 government? 587 588 Yes [ ] 589 590 No [ ] 591 592 3. Run Off Elections.593 Currently, the Charter only provides that a run -off election 594 shall occur when necessary. 595 596 Shall the Charter be amended to specify that a run-off election 597 shall be held, in the same manner and form as the general 598 municipal election, for candidates who receive a tie vote? 599 600 Yes [ ] 601 602 No [ ] 603 604 4. Election Affiliations.605 Currently, the Charter does not include any prohibitions on 606 election affiliation. 607 608 Shall the Charter be amended to specify that Village 609 candidates must run independently from any othe r Village 610 19 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 candidate and refrain from issuing joint campaign literature, with the exception that candidates may make endorsements? Yes [ ] No [ ] 5.Non-Partisan Elections. Currently, the Charter does not specify that Council elections shall be conducted on a nonpartisan basis. Shall the Charter be amended to specify that all Council elections shall be conducted on a nonpartisan basis? Yes [ ] No [ ] 6.Residency Requirement. Currently, as one of the election qualifications, the Village Charter requires a person to have resided in the Village for six (6)months prior to running for office. Shall the Village Charter be amended to require a person to continuously reside in the village for a minimum of one (1) year immediately preceding the date of such filing to qualify for the election? Yes [ ] No [ ] 641 20 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 7.Sale and Lease of Municipal Property. Currently, the Village Charter does not require a referendum for the sale of municipal property. Shall the Village Charter be amended to require approval by majority vote of electors in a Village wide referendum for the sale, exchange, conveyance or lease and renewal option (greater than ten years) of Village owned real property? Yes [ ] No [ ] 8.Charter Review Amendments. Currently, the Village Charter does not specify a time-frame for when the Charter must be reviewed by a Charter Review Committee. Shall the Village Charter be amended to require the Village Council to appoint a Charter Review Committee as necessary, but not less than at least once every ten years. Yes [ ] No [ ] 9.Conflicting Charter Amendments. Currently, the Village Charter does not have a process for when conflicting proposed amendments are voted upon by the Village electorate. 670 671 21 Shall the Village Charter be amended to require that if 672 conflicting amendments be adopted at the same election, the 673 one receiving the greatest number of affirmative votes shall 674 prevail to the extent of such conflict? 675 676 Yes [ ] 677 678 No [ ] 679 680 10. Prohibition on Interference.681 Currently, the Village Charter does not include any 682 prohibitions on the Council’s interference with the Village 683 Manager’s appointment, removal or activities of Village 684 employees. 685 686 Shall the Village Charter be amended to include that neither 687 the Council nor any of its individual members shall dictate the 688 appointment, removal or activities of any Village Manager 689 appointed employees, except the Council may make requests 690 that do not require substantial time of staff? 691 692 Yes [ ] 693 694 No [ ] 695 696 Section 7. Copies. That copies of this Resolution concerning the Charter 697 Amendments are on file at the office of the Village Clerk located at 10050 NE 2nd 698 Ave, Miami Shores, Florida 33138 and are available for public inspection during 699 regular business hours. 700 701 Section 8. Effectiveness. 702 22 A.That the Charter amendments which are provided for in Section 2 and 3 above,703 and are presented by ballot summaries in Section 5 above, shall become704 effective only if the majority of the qualified electors voting on the specific705 Charter amendment vote for its adoption, and it shall be considered adopted706 and effective immediately upon certification of election results and shall be707 applicable from and after the date of the Charter Amendment election which is708 set forth above, unless expressly stated otherwise.709 B.That following the adoption of the Charter amendments, the Village Clerk shall710 file the adopted Charter amendments with the Clerk of the Circuit Court of711 Miami-Dade County, Florida.712 713 Section 9. Inclusion in the Charter. That subject to the requirements of 714 Section 9 above, it is the intent of the Village Council and it is hereby provided that 715 the Charter amendments shall become and be made a part of the Charter of the 716 Miami Shores Village, Florida; and that the sections of this Resolution may be 717 renumbered or relettered to accomplish such intention. That the Village Attorney 718 is authorized to reconcile and conform charter provisions in the event that not all 719 proposed amendments are approved by the voters. 720 Section 10. Severability. That the provisions of the Charter Amendments set 721 forth above are severable, and if any clause, sentence, paragraph or section 722 thereof is adjudged invalid by any court of the competent jurisdiction, the remaining 723 provisions shall continue to be effective to the fullest extent possible. 724 Section 11. Effective Date. This Resolution shall become effective immediately 725 upon its adoption. 726 PASSED AND ADOPTED this 7th day of February, 2023. 727 728 729 730 SANDRA HARRIS 731 MAYOR 732 ATTEST: 733 734 735 23 736 737 YSABELY RODRIGUEZ 738 VILLAGE CLERK 739 740 741 742 743 APPROVED AS TO FORM: 744 745 746 747 WEISS SEROTA HELFMAN COLE + BIERMAN P.L. 748 VILLAGE ATTORNEY 749