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HomeMy WebLinkAboutReso 2003-524 RESOLUTION NO. 2003 - ~ ~ y 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 CHARTER TO BE HELD ON ~utJE 10, 2003, TO CONSIDER PROVIDING FOR AMENDMENTS TO THE CITY CHARTER AS FOLLOWS: ADDING A LOBBYING PROVISION THAT WOULD REQUIRE THE CITY COMMISSION PASS AN ORDINANCE MANDATING LOBBYISTS TO DISCLOSE COMPENSATION AND FOR THAT INFORMATION TO BE DISSEMINATED TO THE CITY COMMISSION; PROVIDING FOR AN AMENDMENT OF SECTION 2.3(c) "LIMITATIONS ON LENGTH OF SERVICE" TO PROVIDE THAT NO PERSON SHALL SERVE AS MAYOR FOR MORE THAN TWO ELECTED FOUR-YEAR TERMS AND NO PERSON SHALL SERVE AS COMMISSIONER FOR MORE THAN TWO ELECTED FOUR-YEAR TERMS; PROVIDING FOR AN AMENDMENT OF SECTION 2.6, "COMPENSATION/REIMBURSEMENT FOR EXPENSES" TO PROVIDE A STIPEND FOR COMMISSIONERS AND THE MAYOR; AMENDING SECTION 2.5, "RESIDENTIAL AREAS IN THE ELECTION" TO ALLOW CANDIDATES TO REMAIN IN OFFICE IF S/HE CEASES TO RESIDE IN HIS/HER RESIDENTIAL AREA; AMENDING SECTION 2.2(B) "MAYOR AND VICE MAYOR" TO PROVIDE FOR A VICE MAYOR TO SERVE FOR THE TERM OF THE MAYOR'S TENURE; AMENDING SECTION 3.5 "CITY CLERK" TO RENDER THE CLERK AN APPOINTEE OF THE CITY MANAGER; PROVIDING FOR AN AMENDMENT OF SECTION 3.2 "POWERS AND DUTIES OF THE CITY MANAGER" TO EXCEPT EMPLOYEES OF THE OFFICE OF THE CITY ATTORNEY FROM APPOINTMENT, SUPERVISION AND REMOVAL BY THE MANAGER; PROVIDING FOR AN AMENDMENT OF SECTION 3.4 "BOND OF THE CITY MANAGER" TO PROVIDE FOR FIDELITY BOND; PROVIDING FOR THE AMENDMENT OF SECTION 4.3(A), "ACTIONS REQUIRING AN ORDINANCE" TO EXCEPT SERVICE AND USER CHARGES; PROVIDING FOR AN AMENDMENT OF SECTION 4.7, "APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR" TO ADD THE AUTHORITY OF THE MANAGER TO REDISTRIBUTE PREVIOUSLY APPROVED APPROPRIATIONS BETWEEN DEPARTMENT ACCOUNTS; AMENDING SECTION 5.1(i) "ELECTIONS COMMENCEMENT OF TERMS" TO PROVIDE THAT THE TERM OF ELECTED OFFICE TO COMMENCE ON THE THIRTIETH DAY FOLLOWING THE ELECTION; PROVIDING FOR AN AMENDMENT OF SECTION 2.1 "CITY COMMISSION" TO PROVIDE EXAMPLES OF LEGISLATIVE POWERS; PROVIDING FOR AN AMENDMENT TO SECTION 6.1(c), "SUBMISSION TO ELECTORS" TO ALLOW MAIL BALLOT; PROVIDING FOR AN AMENDMENT OF SECTION 7.4 "CHARTER REVISION" TO REQUIRE EACH COMMISSIONER APPOINT ONE CHARTER REVISION COMMISSION MEMBER; PROVIDING FOR AMENDMENT OF SECTION 7.8 "FIRE RESCUE SERVICE" TO ELIMINATE THE MANDATE TO UTILIZE METRO-DADE FIRE RESCUE; PROVIDING FOR GENERAL ELIMINATION OF CERTAIN TRANSITION PROVISIONS; PROVIDING FOR THE PERMISSION TO MAKE TECHNICAL AND STYLISTIC AMENDMENTS; R2003- Charter Amendment - Special Election Res. 1 PROVIDING FOR COPIES OF THE RESOLUTION AND ORDINANCE FOR CHARTER AMENDMENTS 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. BE IT RESOLVED BY THE CITY COMMISION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1, A special election is hereby called for .::s-U lJ E.. I 0 , 2003, to present to the electors of the City of Sunny Isles Beach (the "City") the ballot questions provided in Section 3 of this Resolution, pursuant to Ordinance No, 2003-168. anticipated to be adopted on April 24. 2003, Section 2, Balloting shall be conducted between the hours of 7:00 a,m, until 7:00 p,m" at polling places provided for City elections and also by mail. All qualified electors residing within the City shall be entitled to vote, subject to the closing of voter registration books as provided by law, Section 3, Notice of said election shall be published by the Acting 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: "NOTICE OF SPECIAL ELECTION" PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ORDINANCE DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY OF SUNNY ISLES BEACH ON JU rv E I 0 , 2003, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P,M" AT WHICH TIME THE FOLLOWING CITY CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY, (1) Lobbying Provisions, The current City Charter contains no provisions relating to lobbyists, In addition to county laws requiring registration, the Charter Revision Commission has proposed to require the City Commission pass an ordinance mandating all lobbyists to disclose their compensation arrangements in connection with any given matter being considered by the City Commission and that the City Commission R2003- Charter Arnendment - Special Election Res. 2 receive that information prior to its consideration of the matter for which the lobbyist is registered to appear. Shall the above-described amendment be adopted? Yes [] No [] (2) Limitations on Lengths of Service, The City Charter currently provides that a person may serve on the Commission or as a Mayor or combination of Mayor and Commissioner for two (2) consecutive terms, It is proposed by the Charter Revision Commission that the Charter be amended to provide that no Mayor may serve as a Mayor for more than two (2) elected four-year terms during his/her lifetime, and no Commissioner may serve as a Commissioner for more than two (2) elected four-year terms during his/her lifetime, Shall the above-described amendment be adopted? Yes [] No [] (3) Compensation/Reimbursement for Expenses, The current City Charter provides that Commissioners, including the Mayor receive no compensation but receive reimbursement in accordance with applicable law, The proposed amendment recommended by the Charter Revision Commission calls for a monthly stipend of $700 per month for a Commissioner and $800 per month for a Mayor for the length of his/her term, Reimbursement for expenses remains unchanged, Shall the above-described amendment be adopted? Yes [] No [] (4) Residential Areas in the Election, The City Charter currently requires certain candidates to reside continuously in a residential area during his/her term although all Commissioners are elected by the City at large, It is proposed by this Charter Amendment that in the event that a Commissioner ceases to reside in his/her residential area during his/her term but otherwise remained a resident of the City that this will not constitute forfeiture from office, Shall the above-described amendment be adopted? Yes [] No [] R2003- Charter Amendment - Special Election Res. 3 (5) Vice Mayor. The City Charter currently provides for a Vice Mayor to be elected each year. It is proposed that the Charter be amended to provide that the Mayor may nominate and the Commission may elect one of its members as a Vice Mayor for the term ofthe Mayor's tenure. Shall the above-described amendment be adopted? Yes [] No [] (6) City Clerk. The current Charter provides that the Commission appoints the City Clerk and he/she report~ to the Commission. The Charter Revision Commission recommends that the City Manager appoints the City Clerk and that he/she shall report to the City Manager. Shall the above-described amendment be adopted? Yes [] No [] (7) Powers and Duties of the City Manager. The current Charter provides that the Manager is responsible for the administration of all departments and divisions of the City government except the City Clerk and City Attorney. The Charter Revision Commission wishes to clarify the exception language to except the employees of the Office of the City Attorney from appointment. supervision and removal by the City Manager. Shall the above-described amendment be adopted? Yes [] No [] (8) Bond of City Manager. The present City Charter provides the City Manager furnish a bond. The Charter Revision Commission requires a fidelity bond of insurance or such other instrument of comparable protection. Shall the above-described amendment be adopted? Yes [] No [] (9) Ordinances. The current City Charter provides for actions requiring an ordinance including the levying of taxes and the authorization to borrow money. The Charter Revision Commission is proposing that service or user charges for municipal services R2003- Charter Amendment - Special Election Res. 4 with the grant of administrative authority, be accomplished by resolution rather than ordinance. Shall the above-described amendment be adopted? Yes [] No [] (10) Appropriation Amendments during the Fiscal Year. The City Charter currently provides for appropriation amendments during any fiscal year. The Revision Commission is requesting an addition to the Charter that allows for the redistribution of any appropriation within or between department accounts any time during the fiscal year within funds previously allocated by the City Commission. Shall the above-described amendment be adopted? Yes [] No [] (11) Commencement of Terms. The City Charter currently provides for the terms of the office of the Mayor and Commissioners to commence at noon the day following the day of the general or run- off election in which he/she was elected. It is proposed that the transition time be modified to allow commencement on the 30th day following the day of the general or run-off election unless that day falls on a Saturday or Sunday, in which case, it should be the next Monday immediately following. Shall the above-described amendment be adopted? Yes [] No [] (12) Fire Rescue. The current City Charter mandates the City use Metro-Dade Fire Rescue. The Charter Revision Commission proposes to eliminate that mandate. Shall the above-described amendment be adopted? Yes [] No [] (13) Elimination of Certain Transition Provisions. The City Charter provides for transition provisions solely intended for the purpose of effecting the incorporation of the City and the transition of the new municipal government. The Charter Revision Commission is recommending that the Charter be amended to eliminate all expired transition provision~ referenced throughout the Charter R2003- Charter Amendment - Special Election Res. 5 except to the extent the City may continue to utilize the Code of Miami-Dade County as its own municipal code until such time as these provisions are otherwise modified or replaced by legislation of the City Commission. Shall the above-described amendment be adopted? Yes [] No [] (14) City Commission. The current City Charter provides that the City Commission be vested with all legislative powers. The Charter Revision Commission has proposed to provide examples of those powers and the addition of the words including, but not limited to the setting of policy, approval of budget, determination of tax rates, hiring and firing of the Charter officers and the development of community land policy. Shall the above-described amendment be adopted? Yes [] No [] (15) Procedure to amend Charter. The City Charter currently initiatives and referenda (including Charter revisions) to be held at a general or special election called for that purpose. The Revision Commission is proposing to allow a special election to be conducted by mail for these purposes only (but not for election of candidates). Shall the above-described amendment be adopted? Yes [] No [] (16) Charter Revision. The Charter currently provides for a Charter revision the fifth (5th) year after adoption and thereafter every tenth (10th ) year which implies but does not stated that each Commissioner shall be entitled to appoint one Charter Revision Commission member from his/her district, provided that such appointee be ratified by a majority of the Commission. The Charter Revision Commission is recommending that the Charter so specifically state. Shall the above-described amendment be adopted? Yes [] No [] (17) Technical and Stylistic Amendments. The Charter Revision Commission has recommended that the Charter be amended to R2003- Charter Amendment - Special Election Res. 6 reflect non-substantive stylistic and technical changes made for clarity including titles, county name change and renumbering of sections of the above-described amendment be adopted. Shall the above-described amendment be adopted? Yes [] No [] Section 4. Copies of this Resolution and the 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, located at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and will be available for public inspection during regular business hours. Section 5. 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 this election. Section 6. This Resolution shall become effective immediately upon adoption. PASSED and ADOPTED this 20th day of March, 200 . ATTEST: ~1J.~~ Ja11e A. Hines, Acting City Clerk APPROVED AS'TO FORM AND LEGAL SUFFICIENCY: VOTE: 5-0 Second by: V let.. <<\"''-(D e Et'.F.L C -L{ P C-oVY\rY\ \ <;<.;; lONe t'C. IG L 'OJ AS Moved by: Mayor Samson Vice Mayor Edeicup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman yesVno_ yes Vno_ yes Vno_ yes V no yesVno= R2003- Charter Amendment - Special Election Res. 7 tie ay >, Q s� .,tr 0 ejrr City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 947 -2150 Building Department (305) 949 -3113 Fax March 24, 2003 Mr. David Leahy Supervisor of Elections Miami -Dade County Elections P.O. Box 012241 Miami, FL 33101 -2241 Dear Mr. Leahy: o r�-Y City Commission David Samson, Mayor Norman S. Edelcup, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lila Kauffman, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, Acting City Clerk Via Fax No. 305- 375 -2525 & U.S. Post Office Please schedule a Special Election on Tuesday, June 10, 2003, pursuant to the enclosed certified copy of City of Sunny Isles Beach Resolution No. 2003 -524, to submit to the Electorate of the City, Amendments to the City Charter. Thank you for your assistance. Sincerely, \ at-( Jane A. Hines Acting City Clerk Enclosure c: Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney