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:
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C-oVY\rY\ \ <;<.;; lONe t'C. IG L 'OJ AS
Moved by:
Mayor Samson
Vice Mayor Edeicup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
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yes Vno_
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yes V no
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R2003- Charter Amendment - Special Election Res.
7
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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