Legislative Matter

Miami-Dade Legislative Item
File Number: 141370

Printable PDF Format

File Number: 141370

File Type: Resolution

Status: Amended

Version: 0

Reference:

Control: Board of County Commissioners

File Name: ARTICLE 7 CHARTER AMENDMENT

Introduced: 6/11/2014

Requester: NONE

Cost:

Final Action:

Agenda Date: 7/15/2014

Agenda Item Number: 11A2

Notes:

SEE 141927, 141928,141929 FOR FINAL VERSIONS AS ADOPTED

Title:

RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO PERMIT LIBRARY USES AT PARKS SUBJECT TO ARTICLE VII, TO EXEMPT THE MIAMI-DADE COUNTY REGIONAL SOCCER PARK LOCATED AT NW 58TH STREET FROM THE RESTRICTIONS OF ARTICLE VII, AND TO ADD ADDITIONAL PROTECTIONS FOR PRESERVATION LANDS [SEE ORIGINAL ITEM UNDER FILE NO. 141255]

Indexes:	CHARTER AMENDMENT
	ARTICLE 7

Sponsors:

Esteban L. Bovo, Jr., 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	7/17/2014	11A2	Amended
REPORT:	Commissioner Bovo provided an overview of the foregoing proposed resolution. He noted public hearings were held on this proposal and included area residents’ input. Commissioner Bovo said there were three items for the Board’s consideration which were products of the proposed Charter amendments; and he explained the rationale for presenting them in this format. Assistant County Attorney Monica Rizo advised that the proposed Charter amendments were divided into three separate proposed resolutions which were being distributed to the Board members. She noted the amendment consisted of not moving forward necessarily with the foregoing proposed resolution before the Board, but rather, adopting three separate resolutions. Assistant County Attorney Rizo read the title of the proposed resolution regarding library uses and construction of libraries at parks; and the related proposed Charter amendment ballot question. Vice Chair Bell expressed concern regarding the staffing expense due to the building of bricks and mortar buildings in the parks for libraries. Commissioner Barreiro spoke in support of the foregoing item; however, he noted it should not be at the expense of open spaces. Commissioner Bovo said no additional staff would be added as staff would be moved from storefront libraries into the libraries; green spaces would not be impacted; and the intent was to build within existing facilities. Commissioner Zapata spoke in support of the foregoing item. In response to Commissioner Diaz’ inquiry as to whether there was a cost associated with this proposal, Commissioner Bovo said this was not an indication that a library would be located within every single park. He explained that if a storefront library was located within Commission District 12, the Parks, Recreation, and Open Spaces (PROS) Department would identify the closest park that could house the library, without impacting existing library programs. Commissioner Bovo said this proposal would not affect this year’s budget cycle as it would be placed on the November 2014 ballot, and may be a tool for next year’s budget cycle. Commissioner Diaz indicated his support for the foregoing item; however, he requested that it be made clear to the voters. He mentioned two cities in District 12 that were willing to assume operation of the storefront libraries located within their cities, using their own budgets. Mr. Raymond Santiago, Director, Library Department, said this was a viable idea which the department would welcome, and could be accomplished through an interlocal agreement. Commissioner Diaz asked Mr. Santiago to meet with him to discuss this issue. Commissioner Souto spoke in support of the foregoing item. He noted existing buildings in parks that were seldom used could be reconfigured and utilized as a library with little investment. In response to Commissioner Edmonson’s inquiry as to whether any parks existed in District 3 with facilities that were large enough to house a library, Mr. George Navarrete, Deputy Director, Parks, Recreation, and Open Spaces (PROS) Department, said an analysis would be conducted once the proposed legislation moved forward. Responding to Commissioner Edmonson’s question regarding whether capital funds would be available if this proposal was approved by the voters, Mr. Santiago noted there were no capital program dollars for new facilities. Assistant County Attorney Rizo read the title of the proposed resolution regarding exemption of the Miami-Dade County Regional Soccer Park located at NW 58th Street from the restrictions of Article 7; and the related proposed Charter amendment ballot question. Commissioner Bovo noted this item provided the option for children to stay overnight at the Soccer Academy. In response to Commissioner Edmonson’s inquiry regarding the restrictions in Article 7, Assistant County Attorney Rizo advised that Article 7 of the Charter generally requires that parks be used for public park purposes only; and limits what permanent structures could be built on the parks that were covered by Article 7. She noted the PROS department would like to construct an overnight dormitory for the Soccer Academy at the Soccer Park; and to add the Miami-Dade County Regional Soccer Park on NW 58th Street to the list of parks that were exempt from the restrictions of Article 7. Pursuant to Commissioner Moss’ question as to whether this was part of the department’s plan, Assistant County Attorney Rizo noted the Board approved the department’s general plan a couple years ago for the proposed facility. Assistant County Attorney Rizo read the title of the proposed resolution regarding the construction of campgrounds and cabins/lodges at Camp Matecumbe, and the inclusion of additional protections for preservation lands; and the related proposed Charter amendment ballot question. Commissioner Suarez indicated his support for the foregoing proposed resolution; however, he expressed concern that this could be perceived as a license to expand facilities, and to add a lot of concrete to the parks. Commissioner Moss inquired, and Mr. Navarrete confirmed, that creating additional opportunities at Camp Matecumbe was part of the department’s plan. He noted no objections were expressed to the plan which was presented at the public hearings. In response to Vice Chair Bell’s inquiry regarding a member of the public who wished to speak, County Attorney Robert Cuevas advised that it was Vice Chair Bell’s decision. Responding to the speaker’s comment that the public had not had an opportunity to comment on the foregoing proposed resolution, Commissioner Bovo said public hearings were held on all three items at six meetings throughout the County. Vice Chair Bell noted she would support the foregoing proposed resolution. Commissioner Souto noted he supported the items but did not recall the items involving parks being considered by the Parks Committee. He noted any items regarding parks, culture and recreation should be considered by the Committee. Assistant County Attorney Rizo said Agenda Item 11A2 was considered by the Cultural Affairs and Recreation Committee on June 9, 2014. She noted Commissioner Bovo was proposing that instead of having the different components in one ballot question, that it be divided into three separate questions. Following consideration of the foregoing proposed resolution, the Board amended the resolution by adopting Agenda Items 11A2A, 11A2B, and 11A2C. SPECIAL NOTE: See Agenda Items 11A2A, Legislative File No. 141927; 11A2B, Legislative File No. 141928; and 11A2C, Legislative File No. 141929 for the amended versions. SPECIAL NOTE: See Agenda Items 11A2A, Legislative File No. 141927; 11A2B, Legislative File No. 141928; and 11A2C, Legislative File No. 141929 for the amended versions.

Board of County Commissioners	7/15/2014	11A2	Carried over		7/17/2014

Board of County Commissioners	7/1/2014	11A2	Deferred		7/15/2014		P

Office of the Chairperson	6/27/2014		Deferrals
REPORT:	The Prime Sponsor requested deferral to the July 15, 2014 Board of County Commissioners meeting.

County Attorney	6/11/2014		Assigned	Monica Rizo

Cultural Affairs & Recreation Committee	6/9/2014	2B AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Mr. Jack Kardys, Director of Parks, Recreation, and Open Spaces (PROS), provided an overview of the foregoing proposed resolution and its proposed exceptions to Article 7 of the Miami-Dade County Home Rule Charter, for the following park usages: - to allow for library services in parks, as long as such facilities were within an established recreational center of the park, compatible with the surrounding park and did not unreasonably impair public use of the park; - to allow for athletic development and training facilities in parks including overnight lodging of athletes in dormitories, as long as such facilities were not located in a natural or historical resource-based park, compatible with the surrounding park and did not unreasonably impair public use of the park; and - to allow for recreational campgrounds and limited overnight camping accommodations in cabin/lodges for park patrons only, as long as such facilities were located in a natural or historical resource-based park, compatible with the surrounding park and did not unreasonably impair public use of the park. Pertaining to library facilities within a park, Mr. Kardys explained the concept was to move some storefront libraries into a park facility; change them to an electronic format and reduce the footprint for needed space. He noted the Departments of PROS and Miami-Dade Public Libraries, together, identified six parks that were potentially suitable for this purpose. Pertaining to athletic development and training facilities, Mr. Kardys noted the concept was to accommodate overnight lodging in dormitories specifically designated for athletes and trainers. For example, he noted the surplus property on NW 58th Street that the County acquired some time ago was considered for use as a regional soccer park; however, no funds were available for this development. Mr. Kardys said that a Request for Proposals (RFP) was issued to solicit developers interested in building the structures and eight soccer fields for kids to train and play on, and to stay overnight in a dormitory-style facility. Pertaining to recreational campgrounds and limited overnight camping accommodations for park patrons only, Mr. Kardys noted, in 2008, the Board of County Commissioners adopted the Open Space Master Plan, which included a section for Eco-hubs and a provision that it be applied in parks where appropriate. He noted the concept was to provide people an opportunity to enjoy an overnight camping experience in a park, especially for some who might not own a tent or camping gear. Mr. Kardys asked Assistant County Attorney Monica Rizo to explain why ‘campgrounds’ were not specified in Article 7 of the Charter. Assistant County Attorney Rizo noted Article 7 focused more on permanent structures, like cabins and lodges, than on campgrounds, which were recreational in nature. Mr. Kardys clarified that he was speaking about smaller cabins, and the idea was to allow people to get in touch with nature, in a park setting. In response to Commissioner Jordan’s question whether Camp Owaissa Bauer (OB) was still being used, Mr. Kardys noted Camp OB was still being used by social groups and churches for civic activities and outings. He also noted that since the Park’s dormitory-style cabins were upgraded with air-conditioning, more businesses were using the park’s facilities for corporate strategic planning events and retreats. It was moved by Commissioner Jordan that this resolution be forwarded to the County Commission, with a favorable recommendation. Commissioner Suarez noted the adjunct facility for a library in the Elizabeth Virrick Park seemed to be compatible with the City of Miami parkland, and asked if that was permitted by the County Code or something that could be considered. Mr. Kardys noted the current County Code did not permit that; however, the County had three libraries that were jointly owned and located on segmented properties where the libraries were actually positioned on their own property, not on parkland. He said they were: Kendall Lakes Library (adjacent to Olympic Park); Kendall Library (adjacent to Cherry Grove Park); and West Dade Regional Library (adjacent to Francisco Human Rights Park). Commissioner Suarez questioned the need for permanent camping structures, in lieu of tents, and for athletic training facilities and dormitories to accommodate overnight lodging of athletes. He expressed a concern for these provisions; and said it seemed the dormitory style facilities was a specific need that could be resolve by the County deeding over an unused county property suitable for this purpose, to a non-profit organization for development, thus, avoiding the need to go through a competitive process. Commissioner Suarez said he believed it would be best to consider the usages on a case-by-case basis, noting he feared, as the opposers did, that this legislation would have an adverse effect on all parklands and natural areas, if opened up to all parks countywide. Commissioner Monestime asked if there was a legal way to permit structures in a park that had a specific need for them, without opening it up to the entire Parks system. Assistant County Attorney Rizo noted it was possible to target a specific park, without having to amend the Charter, such as putting forth a referendum to ask the voters if they approved development at a specific park. She also noted an exception could be written in the Charter to exempt a particular park from the requirements of Article 7, such as the regional soccer park located on NW 58th Street. Commissioner Monestime noted he feared that if this was opened to all parks, others down the road would take advantage of this legislation and the County would lose green space. He said he thought it might be more appropriate to identify a park specific for the athletic dormitories and usages rather than to open it up to all parks. Commissioner Bovo, sponsor of this resolution, assured Committee members that his intent was not to commercialize county parks or take away green space, but mainly to save libraries and money, by moving the storefront libraries into an existing park facility. He mentioned, for example, that e-libraries and a police/fire substation were housed in a City of Hialeah park. He also noted the reason the Cities of Hialeah and Miami had more flexibility for park usages than the County did was due to Article 7, which those cities opted out of. Commissioner Bovo said the County needed the flexibility to at least present the idea to the voters and get public input on it. He also said he was opened to any suggestions regarding the other two proposed usages. Commissioner Suarez asked whether it was possible to limit the language to say governmental usages within existing park structures, only. Assistant County Attorney Rizo noted that would greatly broaden the scope of the item, as written, which currently seeks to add library usages and other recreational facilities to park usages. Commissioner Suarez questioned the need to change the Charter to add a library usage if it would be incorporated into a park usage. Assistant County Attorney Rizo noted the current Charter defined park uses very narrowly, and prohibited library facilities within a park. She said the proposed exception intended to incorporate libraries within existing recreational park facilities, and not to be a stand-alone facility in parks. Commissioner Suarez asked if language could be drafted to accomplish the sponsor’s intent and mollify the concerns of the opposers who feared the parks would be paved over with concrete. He said he believed that all County Commissioners would like to see some joint use of the existing structures for e-books and library services; and felt it was possible to subdivide an existing structure to accommodate a mini-library. Assistant County Attorney Rizo noted the intent of this resolution was just that and it stated that the library must be compatible with the surrounding park where it is placed, and cannot impair the public use of the park, which meant it may not be compatible in a park with wetlands or natural areas, and that the park could not be paved over with concrete. Commissioner Suarez noted it seemed as though this item intended for the construction of new structures in parks, rather than to place libraries within an existing park facility. He asked if the language could be rewritten to be more specific. Assistant County Attorney Rizo noted the language could say ‘within existing structures’ and be limited to existing structures at year end, but that would also restrict placing libraries within any new park recreational facilities, going forward. Commissioner Suarez noted he would like to hear from the opponents regarding this suggestion. Commissioner Bovo suggested the provisions of subsection (N), Section 7.02 of Article 7, be amended to limit it only to the regional soccer park on NW 58th Street. Assistant County Attorney Rizo noted the subject park could be added to the list of park facilities already exempted from Article 7; and if so, subsection (N) would not be needed and could be deleted entirely. Commissioner Bovo accepted the amendment as stated. He noted the item envisioned placing storefront libraries within existing facilities at parks, specifically facilities that were underutilized, like the recreation center at the Norma and Jean Reach Park in Palm Springs North that sat empty most of the time. It would also address some of the concerns and allow continuation of library services in the community. Mr. Kardys pointed out that any proposed changes to the Charter required conducting six public hearings to vet the issues and obtain input from the community on the changes and referendum. He noted the portion involving campgrounds was part of the eco-hub system already approved with the open space master plan, but it should be vetted for feedback on the scope and any language revisions. Assistant County Attorney Rizo noted any proposed revisions would need to be approved by the full Board of County Commissioners in time to place them on the ballot for the November Election; however, this Committee still had some time to review them, as long as they were forwarded to the BCC no later than the last BCC meeting in July. Chairman Souto opened the floor for public input, as provided by Rule 6.06, and the following persons appeared to speak in connection with this resolution: 1. Ms. Celeste De Palma, representing Tropical Audubon Society, 5530 Sunset Drive, Miami, Fla, spoke in opposition of this resolution, noting the Charter currently provided special exceptions on a case-by-case basis, and she did not see the need to remove that protection. She also noted County parks were irreplaceable and needed to be protected for the enjoyment of future generations. 2. Ms. Barbara Falsely, Vice-President of the Urban Environment League (UEL) of Greater Miami, 3660 NE 166 Street, NMB, appeared in opposition, and provided a statement from the UEL, for the record. She said she opposed this resolution and amending Article 7, which had served the County well. She also said the resolution was premature and too broad, even for library services, and would open it up countywide, inviting construction of newer, larger park structures. She said she felt that libraries belonged in a completely different building, away from the parks, and the issues should be addressed on a case-by-case basis. She quoted Marjorie Stoneman Douglas as saying “we cannot conserve what we have lost,” and said if parkland is lost, even for a good use, it is lost forever. 3. Mr. Greg Bush, Director of University of Miami’s Institute for Public History, 6261 Coral Lake Drive, appeared in opposition, and expressed concern with how fast this legislation was moving forward and that it would undermine the value of open space, resulting in the privatizing of public spaces in the future. He said he was cognitive of the Dan Paul Amendment and the history and long struggles this community endured to preserve public parks. He urged the Board to defer this item for it to be crafted better; and to protect the integrity of county parklands for future generations. Chairman Souto closed the public hearing, after no other persons appeared to speak. Chairman Souto said he recalled the efforts of Dan Paul, and acknowledged that some good points were conveyed by both the supporters and opposers of this legislation. He also said he supported protecting the county parklands and green spaces and shared the concerns of his colleagues regarding the possible closing of some libraries or a tax imposed to preserve them, which he would not support; however, expressed the need to find a happy medium. He pointed out that the County owned several ball parks with existing facilities that could be converted for these usages, without having to construct a new facility, and this would address some of the needs of libraries. Chairman Souto asked the legal Department to work on this legislation and draft better language to accomplish the sponsor’s intent to support the libraries and promote education. Commissioner Jordan noted the motion she moved had not been seconded yet; however, Commissioner Bovo may want to defer this item for the legal department to work on it some more and draft better language. Commissioner Bovo pointed out the time constraint, and said he feared the Board would be left with no alternatives to address the needs and issues of Libraries, if this item was deferred. He said he believed the proposed amendments sufficed to address most of the concerns, and that nothing more was needed. He also noted this resolution contained nothing to suggest that park facilities would be torn down or that parklands would be paved over, but the intent was to remain within the existing means of a park. Chairman Souto seconded the foregoing motion made by Commissioner Jordan. He said he agreed the Commission needed to proceed cautiously, but also believed this legislation was important and good for the entire community, and the Commission needed to take measures to protect libraries and be mindful of the time constraints concerning the November election. Commissioner Monestime noted he was mindful of the upcoming election, but also supportive of finding alternative solutions for libraries. He asked what the deadline was for submittal of the ballot language in time for the election. Assistant County Attorney Rizo noted the deadline for the ballot question was the end of August; however, since there are no BCC meetings scheduled for the month of August, the ballot needed to be approved by the last BCC meeting in July. Commissioner Bovo pointed out that six public hearings also needed to be conducted before the deadline, which left very little time to get it done. Commissioner Monestime noted he would support the foregoing motion, but warned that he would look for language restricting the usages to a particular park when the item goes before the full Board. He said he would not support anything that diminished park spaces, and was very skeptical and concerned about others taking advantage of this in the future, if it was opened up to all parks countywide. Chairman Souto noted he believed this legislation could be drafted in a way that would assure the usages were limited to only existing structures within parks and that the structures could be improved or refurbished to accommodate library services, without needing to build newer facilities. Assistant County Attorney Rizo noted that was correct; the item could be amended to say that libraries would be placed in existing recreational facilities as of November 2014. Commissioner Jordan noted she would stand by her motion, however, after listening to the public speakers today; she too had a concern with the impact of this legislation on public spaces in the future, and the potential of supplanting should another director come on board and remove libraries for another use. She said she would support this for now, but reserve her final vote for the BCC to receive feedback from the community. Chairman Souto added that he could guarantee the County had many parks with existing, underutilized structures that could be refurbished and adapted for this purpose, without having to destroy any trees, shrubbery or pave over any green space; thereby, continuing library services for the benefit of this community, especially its younger members who represent the leaders of tomorrow. Hearing no further discussion, Assistant County Attorney Rizo clarified the amendments proposed, and the Committee proceeded to vote on this resolution as amended, as follows: - to add language to subsection (M), Section 7.02 of Article 7 of the Miami-Dade County Home Rule Charter that states library services would be provided only within recreational centers existing in parks as of November 2014; -to delete the proposed new subsections (N) and (O) from Section 7.02 of Article 7; and -to add the Miami-Dade County Regional Soccer Park located on 58th Street to the list of parks currently exempted from, and not subject to Article 7 restrictions.

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 4, 2014, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO PERMIT LIBRARY USES AT PARKS SUBJECT TO ARTICLE VII, TO EXEMPT THE MIAMI-DADE COUNTY REGIONAL SOCCER PARK LOCATED AT NW 58TH STREET FROM THE RESTRICTIONS OF ARTICLE VII, AND TO ADD ADDITIONAL PROTECTIONS FOR PRESERVATION LANDS

BODY

WHEREAS, Article 7 of Miami-Dade County�s Home Rule Charter (�Article 7�) establishes a policy that �[p]arks, aquatic preserves, and lands acquired by the County for preservation shall be held in trust for the education, pleasure, and recreation of the public and they shall be used and maintained in a manner which will leave them unimpaired for the enjoyment of future generations as a part of the public�s irreplaceable heritage;� and
WHEREAS, Article 7 implements this policy by restricting the range of permissible uses of, and development in, lands subject to the requirements of Article 7; and
WHEREAS, Article 7 applies to both parks and lands owned by the County as well as to all municipal property, except municipal property owned by Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater and West Miami; and
WHEREAS, as it presently exists, Article 7 prohibits certain desirable uses of and developments in public park land including, for example, the use of public park land for Miami-Dade County public libraries; and
WHEREAS, the Home Rule Charter, at Section 9.07(C), authorizes the Board to propose, at any time, amendments to the Home Rule Charter by resolution, which proposed amendments shall be voted upon at the next scheduled general election; and
WHEREAS, this Board desires to propose that the voters of Miami-Dade County amend Article 7 of the Miami-Dade County Home Rule Charter to allow the use of public parks for library purposes; exempt the Miami-Dade County Regional Soccer Park located at NW 58th Street from the restrictions contained in Article VII; and provide that the exceptions set forth in Article 7 will not apply to lands acquired or designated for preservation by this Board if the proposed development or use would have an adverse impact on natural resources,
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 4, 2014, 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 ALLOWING LIBRARIES IN PARKS, EXEMPTING PARK FROM ARTICLE 7, AND PROTECTING PRESERVATION LANDS
ARTICLE 7 CURRENTLY PROVIDES THAT SPECIFIED PARKS SHALL BE USED FOR PUBLIC PARK PURPOSES ONLY AND LIMITS CONSTRUCTION TO CERTAIN ENUMERATED FACILITIES. SHALL THE CHARTER BE AMENDED TO: ALSO PERMIT COUNTY LIBRARY PURPOSES WITHIN EXISTING RECREATION FACILITIES AT PARKS; EXEMPT THE REGIONAL SOCCER PARK ON NW 58TH STREET FROM ARTICLE 7; AND FURTHER RESTRICT DEVELOPMENT AND CERTAIN USE OF PRESERVATION LANDS THAT WOULD ADVERSELY IMPACT NATURAL RESOURCES?
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 � 7 2

PARKS, AQUATIC PRESERVES, AND PRESERVES
___________________________________________________

* * *

SECTION 7.02. RESTRICTIONS AND EXCEPTIONS.

In furtherance of this policy parks shall be used for public park purposes only, and subject to the limited exceptions set forth in this Article, there shall be no permanent structures or private commercial advertising erected in a public park or private commercial use of a public park or renewals, expansions, or extensions of existing leases, licenses, or concessions to private parties of public park property, unless each such structure, lease, license, renewal, expansion, extension, concession or use shall be approved by a majority vote of the voters in a County-wide referendum. Nothing in this Article shall prevent any contract with federally tax-exempt not-for-profit youth, adult, and senior cultural, conservation and parks and recreation program providers. To ensure aquatic preserves, lands acquired by the County for preservation, and public parks or parts thereof which are nature preserves, beaches, natural forest areas, historic or archeological areas, or otherwise possess unique natural values in their present, such as Matheson Hammock, Greynolds Park, Redlands Fruit and Spice Park, Castellow Hammock, Crandon Park, Trail Glades Park, Deering Estate Park, Pine Shore Park, Old Cutler Hammock, Chapman Field, Tamiami Pinelands, Wainright Park, Larry and Penny Thompson Park, Whispering Pines Hammock, Mangrove Preserve, Owaissa Bauer Park, Fuchs Hammock, Black Point Marina, Simpson Park, Sewell Park, Barnes Park, Virginia Key, mangrove preserves, and all other natural or historical resource based parks do not lose their natural or historical values, any structure, lease, license, renewal, extension, concession or use in any of this class of public parks or in aquatic preserves and preservation lands must be approved by an affirmative vote of two-thirds of the voters in a County-wide referendum. No park shall be designed to be used beyond its appropriate carrying capacity and to the extent required by law all parks and facilities and permitted special events and concessions operating in the parks shall be fully accessible to persons with disabilities. Nothing in this Article shall prevent the maintenance of existing facilities, the maintenance, operation, and renovation of existing golf course and marina restaurants at their existing square footage by government agencies or private operators, provided such private operators are chosen as a result of competitive selection and their initial contract terms are limited to no more than ten years, or the construction, operation, maintenance, and repair by government agencies or private operators of or issuance of temporary permits for >>the following, provided that there be no adverse impact to natural resources on lands acquired or designated for preservation by the Board of County Commissioners<<:
A. Appropriate access roads, bridges, fences, lighting, flag poles, entrance features, picnic shelters, tables, grills, benches, irrigation systems, walls, erosion control devices, utilities, trash removal, parking and security and fire facilities for the primary use of the park system;
B. Food and concession facilities each not in excess of 1500 square feet of enclosed space, with any complementary outdoor or covered areas needed to service park patrons;
C. User-participation non-spectator recreation and, playground facilities, golf courses and golf-course related facilities, and bandstands and bandshells containing less than 1,000 spectator seats and athletic facilities, sports fields and arenas containing less than 3,000 spectator seats;
D. Facilities for marinas, sightseeing and fishing boats, visiting military vessels, and fishing;
E. Park signage and appropriate plaques and monuments;
F. Rest rooms;
G. Fountains, gardens, and works of art;
H. Park service facilities, senior, day care and pre-school activities, small nature centers with not more than one classroom;
I. Film permits, temporary fairs, art exhibits, performing arts, concerts, cultural and historic exhibitions, regattas, athletic contests and tournaments, none of which require the erection of permanent structures;
J. Advertising in connection with sponsorship of events or facilities in the park, provided however all such facilities and uses are compatible with the particular park and are scheduled so that such events do not unreasonably impair the public use of the park or damage the park;
K. Programming partnerships with qualified federally tax exempt not-for-profit youth, adult, and senior cultural, conservation, and parks and recreation program providers;
L. Agreements with cable, internet, telephone, electric or similar service providers or utilities, so long as any installations are underground or do not adversely impact natural resources, or parks facilities and uses[[.]] >>; and<<
>>M. Use of recreation facilities in existence as of November 4, 2014 for the provision of library services to the public by the Miami-Dade County Public Library System, so long as such library uses and services are compatible with the surrounding park and do not unreasonably impair the public use of the park.<<
No park facilities, golf courses, or County lands acquired for preservation shall be converted to or used for non-park offices, purposes, or uses. The County, the municipalities, and agencies or groups receiving any public funding shall not expend any public money or provide any publicly funded services in kind to any project which does not comply with this Article. No building permit or certificate of occupancy shall be issued for any structure in violation of this Article. The restrictions applying to parks in this Article shall not apply to the Dade County Youth Fair site, Metro Zoo, Tamiami Stadium, Haulover Fishing Pier, the Dade County Auditorium, the Museum of Science, the Gold Coast Railroad Museum, Vizcaya Museum and Gardens, Trail Glade Range, the Orange Bowl, the Commodore Ralph Munroe Marine Stadium, the Seaquarium, Curtis Park track and stadium, Fairchild Tropical Gardens, >>the Miami-Dade County Regional Soccer Park on NW 58th Street,<< and mini and neighborhood parks except that no mini or neighborhood park may be leased or disposed of unless a majority of the residents residing in voting precincts any part of which is within 1 mile of the park authorize such sale or lease by majority vote in an election.
1 Committee amendments cannot be shown by underlining and strike-through as such would be confusing, impractical and would not clearly indicate the differences between the original and the amended resolution.
2 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.