HomeMy WebLinkAboutReso 2003-562
RESOLUTION NO. 2003- ~ 2..
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ACCEYfING THE RESULTS OF
THE SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE
CITY CHARTER WHICH WAS HELD ON TUESDAY, JUNE 10,2003;
DISCHARGING THE CANVASSING BOARD FOR SAID SPECIAL
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach held a Special Election on proposed Amendments to
the City Charter which was held on Tuesday, June 10,2003; and
WHEREAS, City Resolution No. 2003-542, designated Manny Pine and Irving Diamond to be
the registered voters to serve on the Canvassing Board with Jane A. Hines, Chairperson and Acting
City Clerk, for the Special Election; and
WHEREAS, the Canvassing Board met on June 10, 2003, and proceeded to publicly canvass
the votes cast for the proposed Charter Amendments in the Special Election and certified the Special
Election results.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Accept Results of Special Election.
The City Commission of the City of Sunny Isles Beach hereby accepts the results of the
Special Election held on June 10, 2003, as follows:
(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 receive that information prior to its
consideration of the matter for which the lobbyist is registered to
appear.
The whole numbers of yotes cast was 513, of which number:
R2003- Accepting Special Election Results
Page 1
Yes [X]
No []
325 votes were received
188 votes were received
(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.
The whole numbers of votes cast was 520, of which number:
Yes [X] 272 votes were received
No [] 248 votes were received
(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.
The whole numbers of votes cast was 515, of which number:
Yes [] 193 votes were received
No [X] 322 votes were received
(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.
The whole numbers of votes cast was 521, of which number:
Yes [] 230 votes were received
No [X] 291 votes were received
(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 of the Mayor's
R2003- Accepting Special Election Results
Page 2
tenure.
The whole numbers of votes cast was 519, of which number:
Yes [] 235 votes were received
No [X] 284 votes were received
(6) City Clerk. The current Charter provides that the Commission
appoints the City Clerk and he/she reports 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.
The whole numbers of votes cast was 516, of which number:
Yes [X] 261 votes were received
No [] 255 votes were received
(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.
The whole numbers of votes cast was 516, of which number:
Yes [X] 263 votes were received
No [] 253 votes were received
(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.
The whole numbers of votes cast was 512, of which number:
Yes [X] 299 votes were received
No [] 213 votes were received
(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 with the grant of
administrative authority, be accomplished by resolution rather than
ordinance.
The whole numbers of votes cast was 519, of which number:
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Yes []
No [Xl
233 votes were received
286 votes were received
(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.
The whole numbers of votes cast was 513, of which number:
Yes [] 235 votes were received
No [Xl 278 votes were received
(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.
The whole numbers of votes cast was 516, of which number:
Yes [Xl 297 votes were received
No [] 219 votes were received
(12) 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 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.
The whole numbers of votes cast was 507, of which number:
Yes [Xl 292 votes were received
No [] 215 votes were received
(13) City Commission. The current City Charter proYides that the City
Commission be vested with all legislative powers. The Charter
Revision Commission has proposed to provide examples of those
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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.
The whole numbers of votes cast was 512, of which number:
Yes [Xl 263 votes were received
No [] 249 votes were received
(14) 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).
The whole numbers of votes cast was 512, of which number:
Yes [] 253 votes were received
No [Xl 259 votes were received
(15) 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 state 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.
The whole numbers of votes cast was 503, of which number:
Yes [Xl 280 votes were received
No [] 223 votes were received
(16) Technical and Stylistic Amendments. The Charter Revision
Commission has recommended that the Charter be amended to 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.
The whole numbers of votes cast was 509, of which number:
Yes [Xl 287 votes were received
No [] 222 votes were received
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Section 2. Discharging the Canvassing Board
The City Commission of the City of Sunny Isles Beach hereby discharges the Canvassing Board
being Manny Pine, Member; Irving Diamond, Member; and Jane A. Hines, Chairperson and Acting
City Clerk, as the City of Sunny Isles Beach's Canvassing Board for the June 10,2003, Special
Election.
Section 3.
Effective Date.
This resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of June, 2003.
~A'~~
David Samson, Mayor
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, J a~e A. Hines, Acting City Clerk
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APPRONED;A:S TO LEGAL FORM
AND SUFFICIENCY:
Seconded by:
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Moved by:
Vote: .5-0
Mayor Samson
Vice-Mayor Ede1cup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
V(yes)
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Page 6
1).y -54i
s�NNY is<F City of Sunny Isles Beach Ciry Commission
De -e°0 17070 Collins Avenue,Suite 250 Norman sdwp,Vice Mayor
Sunny Isles Beach,Florida 33160 as Gerry Goodman,Commissioner
; ., Danny W Commissioner
'' Lila Kauffman,Commissioner
(305)947-0606 City Hall
?a•'+� '�o ? X315)947-2150 Building Department Christopher J.Russo,CityManager
rete^ m
)305)949-3113 Fax Lynn NI.Dahebaer,City Attorney
o, s N
Jane A.Rias,Arany City Clerk
MEMORANDUM
To: The Honorable Mayor and City Commission
From: Jane A. Hines gyp\ y
Acting City Clerk �-
Date: June 19, 2003
Re: Resolution Accepting Results of the Special Election Held on June 10,2003,and
Discharging the Canvassing Board for the Special Election
RECOMMENDATION:
It is recommended that the City Commission adopt the attached Resolution that accepts the
results of the Special Election held on June 10, 2003, and discharges the Canvassing Board for
the Special Election.
REASONS:
A Special Election was held on Tuesday, June 10, 2003, on proposed amendments to the City
Charter. This Resolution accepts the results of the Special Election, and discharges the
Canvassing Board for the Special Election, with many thanks to Emanuel Pine and Irving
Diamond who served on the Board with the City Clerk.
Agenda Item 1
Date L- -� �' n3