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Home My WebLink AboutReso 2023-3489RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE CITY'S CHARTER TO BE HELD ON MAY 23, 2023, TO CONSIDER AMENDMENTS TO THE CITY CHARTER AS FOLLOWS: AMENDING THE CITY CHARTER BY AMENDING SECTION C -2.2(b) "VICE MAYOR"; BY AMENDING SECTION C -2.3(C) "LIMITATIONS ON LENGTHS OF SERVICE"; BY AMENDING SECTION C-2.4 "QUALIFICATIONS"; BY AMENDING SECTION C -2.5(C) "FILLING OF VACANCIES"; BY AMENDING SECTION C-2.6 "COMPENSATION; REIMBURSEMENT FOR EXPENSES"; BY AMENDING SECTION C-3.1 "CITY MANAGER"; BY AMENDING SECTION C-3.5 "CITY CLERK"; BY AMENDING SECTION C-3.6 "CITY ATTORNEY"; BY AMENDING SECTION C-4.2 "PROHIBITIONS"; BY AMENDING SECTION C -5.1(i) "COMMENCEMENT OF TERMS"; BY AMENDING SECTION C-5.3 "FORM OF BALLOTS"; AND BY AMENDING SECTION C-7.4 "CHARTER REVISION"; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR COPIES OF THE RESOLUTION AND ORDINANCE FOR CHARTER AMENDMENTS TO BE AVAILABLE FOR PUBLIC INSPECTION; DESIGNATING ONE REGISTERED VOTER WHO SHALL SERVE WITH THE CITY MANAGER AND THE CITY CLERK AS THE CANVASSING BOARD FOR SAID SPECIAL ELECTION; PROVIDING FOR POLLING PLACES; PROVIDING FOR VOTER REGISTRATION; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE SUPERVISOR OF ELECTIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. A special election is hereby called for May 23, 2023, to present to the electors of the City of Sunny Isles Beach, Florida (the "City") the ballot questions provided in Section 3 of this Resolution, pursuant to Ordinance No. 2023 - 599, adopted on March 16, 2023. Section 2. Notice of said election shall be published by the City Clerk in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: (Continued on next page.) R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 1 of 7 "NOTICE OF SPECIAL ELECTION" PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO ORDINANCES DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, A SPECIAL ELECTION HAS BEEN CALLED ON TUESDAY, MAY 23, 2023, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSED CITY CHARTER AMENDMENTS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. 11 Appointment of Vice Mayor. The City Charter provides that the Commission shall elect one of its members as Vice Mayor. It is proposed the Charter be amended to provide that the Vice Mayor be elected by nomination of the Mayor, subject to Commission approval. Shall the above-described amendment be adopted? Yes [ ] No [ ] 2) Limitations on Lengths of Service. The City Charter provides that a Commission member's "term" shall be deemed commenced upon election. It is proposed the Charter be amended to provide that a "term" shall be deemed commenced upon the 14th day after certification of the general or run-off election in which he/she is elected, or immediately upon certification of the results of a special election. Shall the above-described amendment be adopted? Yes [ ] No [ ] 3) Commencement of Terms. The City Charter provides that the term of office of any elected official commences on the 30th day following the general or run-off election. It is proposed the Charter be amended to provide that the term of any elected official will commence on the 14th day after certification of the general or run-off election, or immediately upon certification of the results of a special election. Shall the above-described amendment be adopted? Yes [ ] No [ J 4) Qualifications. The City Charter provides that candidates for Commissioner or Mayor shall pay a qualifying fee to the City Clerk in the amount of One Hundred Dollars ($100.00). It is proposed the Charter be amended to provide that the qualifying fee be in the amount of Two Hundred Dollars ($200.00). R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 2 of 7 Shall the above-described amendment be adopted? Yes[ ] No [ ] 5) Filling of Vacancies. The City Charter provides that in the event all members of the Commission are removed, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days nor more than 60 days after such appointment. It is proposed the Charter be amended to clarify that such special election shall be conducted pursuant to the Charter and Code of Ordinances. Shall the above-described amendment be adopted? Yes [ ] No [ ] 6) Compensation; Reimbursement for Expenses. The City Charter provides that the Mayor and Commissioners' compensation be, increased in accordance with the CPI Index. It is proposed the Charter be amended to clarify that the compensation be increased annually according to the Miami -Fort Lauderdale - West Palm Beach, FL Consumer Price Index in October of each year. Shall the above-described amendment by adopted? Yes [ ] No [ ] 71 City Manager. The City Charter provides that no Commissioner shall be eligible for appointment as City Manager during the term for which she/he has been elected and until 2 years after its expiration. It is proposed the Charter be amended to provide that no Commissioner shall be eligible for appointment as City Manager during the term she/he has been elected and until 5 years after its expiration. Shall the above-described amendment be adopted? Yes [ ] No [ J 8City Clerk. The City Charter provides that the City Manager appoints the City Clerk and he/she reports to the City Manager. It is proposed the Charter be amended so that the Mayor shall nominate the City Clerk, and the Commission, including the Mayor, by majority, shall confirm an individual to serve as the City Clerk. Shall the above-described amendment be adopted? Yes [ ] No [ ] R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 3 of 7 9) City Attorney, The City Charter provides that the Mayor "may" nominate, and the Commission by majority shall confirm an individual attorney or a law firm to act as the City Attorney. It is proposed the Charter be amended to provide that the Mayor "shall' nominate, and the Commission by majority shall confirm an individual attorney or a law firm to act as the City Attorney. Shall the above-described amendment be adopted? Yes [ ] No [ ] 10 Holding Other Office. The City Charter provides that no former elected City official shall hold any compensated appointive City office or City employment until 1 year after the expiration of his/her term. 1t is proposed the Charter be amended to provide that no former elected City official shall hold any compensated appointive City office or City employment until 3 years after the expiration of his/her term. Shall the above-described amendment be adopted? Yes [ ] No [ ] 11 Run-off Election. The City Charter does not include the manner of conducting run-off elections following special elections, nor does it provide how a winner is determined if there is a tie after run-off elections. It is proposed the Charter be amended so the provisions governing run-off elections apply to special elections, and if there is a tie the winner be determined using a method prescribed by ordinance. Shall the above-described amendment be adopted? Yes [ ] No [ ] 12 Form of Ballots. The Charter provides that the ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure. It is proposed the Charter be amended to delete the provision that allows the ballot title of a measure may differ from its legal title. Shall the above-described amendment be adopted? Yes [ ] No [ ] 13 Appointment of Charter Revision Commission. The City Charter requires the City Commission appoint a Charter Revision Commission at its first meeting in December of the 5th year after the adoption of the original Charter, in R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 4 of 7 December 2002, and thereafter every 10th year. It is proposed the Charter be amended to provide that the City Commission shall appoint a Charter Revision Commission at its first meeting in January 2033, and thereafter every 10th year. Shall the above-described amendment be adopted? Yes [ ] No [ ] 14 Timeframe for Submitting Charter Revision Commission Charter Amendments. The City Charter provides that if the Charter Revision Commission proposes Charter revisions, the amendments shall be submitted to the City Commission no later than the 120th day after their appointment by the Commission. It is proposed the Charter be amended requiring amendments instead be submitted no later than the 150th day. Shall the above-described amendment be adopted? Yes [ ) No [ ] The full text of the proposed Charter Amendments is available at the office of the City Clerk, located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Section 3. Public Inspection of Charter Amendments. Copies of this Resolution and the corresponding Ordinance providing for the Charter Amendments, subject to this referendum approval, are on file in the Office of the City Clerk of the City of Sunny Isles Beach, Florida, located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33169, and will be available for public inspection during regular business hours. Section 4. Designation of One Registered Voter to Serve on the Canvassing Board. The City Commission of the City of Sunny Isles Beach hereby designates Gloria Taft, as the registered voter to serve with the City Manager and the City Clerk as the City of Sunny Isles Beach's Canvassing Board for the Special Election on May 23, 2023. Section 5. Polling Places. That said polling places in the City of Sunny Isles Beach for said Special Election shall be as established by the Miami -Dade County Supervisor of Elections and her staff of officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Miami -Dade County Supervisor of Election, in accordance with the laws of Florida) is attached hereto as Exhibit "A". Section 6. Voter Registration. Registration of persons desiring to vote in said Special Election shall be in accordance with the general laws of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160, Monday through Friday, except legal holidays, between the hours of 9:00 a.m. and 5:00 p.m., and at such other voter registration centers and during such times as may be provided by the Miami -Dade County R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 5 of 7 Supervisor of Elections. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami -Dade County Elections Office. All completed registration forms must be received by the Miami -Dade County Elections Office and clocked in no later than Monday, April 24, 2023, at 5:00 p.m., in order for a person to vote in said election. All questions concerning voter registration should be directed to the Miami -Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida, 33172; telephone: 305-499-8502. Section 7. Authority of City Clerk. The City Clerk is authorized to utilize the services of the Miami -Dade County Supervisor of Elections for any assistance required in the administration of the election. Section 8. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 16th day of March 2023. Larisa Svechin, Mayor ATTESTFR : ^ /I / I AND LAPPROEGAL SUFFVED AS OICIEONCY: Mauriko 13letancur, CMC, City Clerk Valerie Vicente, City Attorney Moved by: Seconded by: V Ct ot- �0��C4 Vote: Mayor Svechin (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama ✓ (Yes) (No) Commissioner Stuyvesant — PSUNT (Yes) (No) Commissioner Viscarra — (Yes) (No) R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 6 of 7 Precinct 002 003 004 005 067 Exhibit "A" SPECIAL ELECTION POLLING PLACES IN SUNNY ISLES BEACH Location Address ST. MARY MAGDALEN CATHOLIC CHURCH WINSTONTOWERS— BLDG. 100 GATEWAY CENTER ARLEN HOUSE CONDO WEST/Auditorium SUNNY ISLES BEACH GOVERNMENT CENTER 17775 NORTH BAY ROAD 250 — 174 STREET 151 SUNNY ISLES BOULEVARD 350 BAYVIEW DRIVE 18070 COLLINS AVENUE R2023 Calling Special Election re Charter Amendments - AMENDED 032223 Page 7 of 7