2011-0404 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting April 4, 2011 Sunny Isles Beach, Florida this change. Vice Mayor Thaler asked if it is not on the May Special Election, when is the next time it will get on, and City Attorney Ottinot said in January 2012, but the problem we may have if it is adopted in January 2012 is that our Municipal Election is in November 2012, and qualifying is in August, and so you want to give an adequate notice, the more notice the better off you are. Mayor Edelcup said that we should give everyone a year because otherwise it would not be fair. He doesn't see how it can take effect until at least a year from the time the Ordinance is effective. City Attorney Ottinot said that is fair and legally permissible from his standpoint. A year is generally adequate notice under the law, and so we can revise that to indicate that this Ordinance will be effective for the 2012 Election if a year has elapsed since its adoption. Mayor Edelcup said we also have the choice of calling our own Special Election, and so we can still do it in sufficient time, we just have to pay for that Special Election out of our own funds, but to get it done we need to be able to make that decision as well, and ifit doesn't get on the May 24 ballot, why don't we reconvene and decide if we want to call a Special Election so we get the year in there. City Attorney Ottinot said with the Commission's direction, he and City Clerk Hines can ask for a Special Election. Mayor Edelcup asked that we adopt the Ordinance with those changes, and City Attorney Ottinot clarified that the changes included the words "prior to qualifying", and that the effective date is at least a year from the day it is adopted. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to adopt the ordinance, as amended. Ordinance No. 2011-363 was adopted by a roll call vote of4-0- 1 (Commissioner Gatto absent) in favor. Vote: Commissioner Aelion yes Commissioner Gatto absent Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 4. RESOLUTIONS 4A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Calling for a Special Election on a Proposed Amendment to the City Charter to be Held on May 24, 2011, to Consider Providing for an Amendment to the City Charter as Follows: Amending Section 2.3 (b) "Residential Areas" to Require Persons Running from a Particular Residential Area to be a Resident of the Residential Area Continuously for at Least One Year Prior to at the Time of Qualifying; Providing for Permission to Make Technical and Stylistic Amendments; Providing for Copies of the Resolution and Ordinance for Charter Amendment to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Requiring the City Commission to Enact an Enabling Resolution; Providing Requisite Ballot Language for Submission to Electors; Providing for Severability; Providing for Notice; Providing for an Effective Date. 2