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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: R2003- Accepting Special Election Results Page 3 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 R2003- Accepting Special Election Results Page 4 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 R2003- Accepting Special Election Results Page 5 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 .. / " '-..... -' -':",\ . ,ATIES'J1:, .'~ '- ", , ".,J~ /1 . , , : .";\, / "".J. · .:~~~(A.~ , J a~e A. Hines, Acting City Clerk , ,~ " '--~} " , APPRONED;A:S TO LEGAL FORM AND SUFFICIENCY: Seconded by: ~~\ <$' awE-a.. tAurF'Mt\AJ y,~ rV\\'A~O-R.. f.h~L(,UP Moved by: Vote: .5-0 Mayor Samson Vice-Mayor Ede1cup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman V(yes) .0yes) --0'yes) ~es) ...0yes) _(no) _(no) _(no) _(no) _(no) R2003- Accepting Special Election Results 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