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HomeMy WebLinkAboutReso 2004-691 RESOLUTION NO. 2004 - k9..l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PLACING QUESTIONS ON THE BALLOT FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 TO CONSIDER PROVIDING AMENDMENTS TO THE CITY CHARTER AS ADOPTED BY ORDINANCE NO. 2004-207, ATTACHED AS EXHIBIT "A"; PROVIDING FOR COPIES OF THE RESOLUTION AND ORDINANCE FOR CHARTER AMENDMENTS TO BE A V AILABLE FOR PUBLIC INSPECTION; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR CITY COMMISSION DESIGNA TION OF ONE REGISTERED VOTER WHO SHALL SERVE WITH THE CITY MANAGER AND CITY CLERK AS THE CANVASSING BOARD FOR THE GENERAL ELECTION ON NOVEMBER 2, 2004; PROVIDING FOR CONDUCTING THE ELECTION, POLLING PLACES, FORM OF BALLOT, VOTER REGISTRATION, NOTICE OF ELECTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 8,2004, the City Commission approved on second reading Ordinance No. 2004-207, attached as Exhibit "A", placing proposed amendments to the City Charter on the General Election to be held November 2, 2004; and WHEREAS, City Ordinances Number 99-65, 2001-124, 2003-170 provide for the City Commission to designate one registered voter who shall serve with the City Manager and the City Clerk as the Canvassing Board; and WHEREAS, City Ordinances Number 99-65,2001-124, and 2003-170 provide for the City Commission to designate one registered voter who shall serve with the City Manager and City Clerk as the Canvassing Board; and BE IT RESOLVED BY THE CITY COMMISION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Calling of Election. A General Election will be held on November 2, 2004, of which Election will have proposed Charter Amendments to present to the electors of the City of Sunny Isles Beach (the "City") as ballot questions, pursuant to Ordinance No. 2004-207, attached as Exhibit "A", adopted on July 8,2004. Section 2. Balloting. 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. The ballot for said General Election shall be printed in R2004- Charter Amendments - General Election 11/2/04 1 compliance with State law as prepared by the Miami-Dade County Supervisor of Elections, and approved by the City Clerk as the Supervisor of Elections. Section 3. Notice of Election. Notice of said General 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: "NOTICE OF GENERAL 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, A GENERAL ELECTION HAS BEEN CALLED ON NOVEMBER 2, 2004, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WIllCH TIME THE FOLLOWING CITY CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. 1. FILLING A V ACANCY IN OFFICE OF MA YOR. If more than six months remain in the Mayor's term, the City Charter currently provides that a special election is required to be held within 90 days to fill a mayoral vacancy. It is proposed that the Charter be amended to provide that a special election be held not sooner than 45 days or more than 90 days following the occurrence of the vacancy in the Mayor's position. Shall the above described amendment be adopted? Yes [] No [] 2. FILLING A V ACANCY IN OFFICE OF COMMISSIONER. The City Charter provides that a vacancy in the Office of Commissioner is filled by appointment depending upon the length of the unexpired term and the occurrence of a general election. It is proposed that the Charter be amended to provided that vacancies for an unexpired term of six months or less be filled by appointment and that other vacancies be filled by special election to be held, not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy. Shall the above described amendment be adopted? Yes [] No [] R2004- Charter Amendments - General Election 11/2/04 2 3. COMPENSATION. The City Charter currently provides that the Mayor and the City Commissioners shall serve without compensation. It is proposed that the Charter be amended to provide City Commissioners with a monthly compensation of $1,000.00 for their services on the Commission, and the Mayor with a monthly compensation of $1,250.00 for his or her service on the Commission. Shall the above described amendment be adopted? Yes [] No [] 4. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COMMISSION. The City Charter currently provides that the date of the general election for Mayor and Commissioners shall be in September of each odd-numbered year. It is proposed that the Charter be amended to revise and extend the date of election to the second Tuesday in November of each odd-numbered year. Shall the above described amendment be adopted? Yes [] No [] 5. TERM LIMITS FOR MEMBERS OF THE COMMISSION. The City Charter currently provides that a person may serve two elected terms as Mayor and two elected terms as a City Commissioner. It is proposed that the Charter be amended to provide that time served in filling a vacancy as a Mayor or commissioner shall not be deemed a "term" unless the time served is more than two (2) years. Shall the above described amendment be adopted? Yes [] No [] 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 one registered voter, ~^^'~ p ~~. , to serve with the City Manager and City Clerk as the City of Sunny Isles Beach's Canvassing Board for the November 2, 2004, General Election. R2004- Charter Amendments - General Election 11/2/04 3 Section 5. Voter Registration. Registration of persons desiring to vote in said General 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, City Hall, Suite 250, 17070 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 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, October 4,2004, at 5:00 p.m., for the General Election, 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 NW 87th Avenue, Miami, Florida, 33172; telephone: (305) 499-8683. Section 6. Polling Places. That said polling places in the City of Sunny Isles Beach for said Special Election shall be as established by the proper and appropriate 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 Elections, in accordance with the laws of Florida) is attached hereto as Exhibit "B". Section 7. Copies of Resolution and Ordinance on File. 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 A venue, Suite 250, Sunny Isles Beach, Florida 33160, and will be available for public inspection during regular business hours. Section 8. Utilization of Miami-Dade County, 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 9. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED and ADOPTED this 22nd day of July, 2004. R2004- Charter Amendments - General Election 11/2/04 4 '.__ J '. "t:." ~, . , :" ~ ~~'" } ATTEST:- " ~'\ :;~::~~~ '. \ Jari~ A. Ipnes, Ci!y:Clerk I I ' ~~ '/ ~ (.....~} ... ~.' Ii ,> .' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B n M. Dannheisser, City Attorney VOTE: 5.-0 Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler R2004- Charter Amendments - General Election 1112/04 Moved by: V \ ~ r<\~() r GODDm A-fll ~JW'A:A~LiM.' BR 'L2-1 ~ Second by: yes Vno_ yes L..---1i.o_ yes ~J)o_ yes~o yeslL.. no_ 5 ORDINANCE NO. 2004- ~ D'J AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY AMENDING SECTION 2.5 "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES" BY AMENDING SUBSECTION (e) "FILLING OF VACANCIES" TO REVISE PROCEDURE FOR FILLING VACANCY IN OFFICE OF MAYOR AND COMMISSION MEMBERS; AMENDING SECTION 2.6 "COMPENSATION; REIMBURSEMENT FOR EXPENSES" TO PROVIDE FOR COMPENSATION FOR THE MAYOR AND CITY COMMISSIONERS; AMENDING SECTION 5.1 "ELECTIONS" TO REVISE DATE OF GENERAL ELECTION FOR MAYOR AND CITY COMMISSIONERS; AMENDING SECTION 2.3 "ELECTION AND TERM OF OFFICE" TO REVISE LIMITATIONS ON LENGTHS OF SERVICE AS MAYOR AND CITY COMMISSIONERS AND TO ESTABLISH TERM LIMITS FOR MEMBERS SERVING ON THE CITY COMMISSION; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR COPIES OF THIS CHARTER AMENDMENT TO BE AVAILABLE FOR PUBLIC INSPECTION; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 6.01(a) of the Charter ofthe City of Sunny Isles Beach provides that the Commission may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, the commission has determined to submit certain proposed Charter amendments for approval or disapproval by the electors, NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Vacancies; Forfeiture of Office; Filling of Vacancies That Section 2.5 "vacancies; forfeiture of office; filling of vacancies" of the City charter, is amended by revising subsection (c) "Filling of Vacancies" of this section, to read as follows: i) If less than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within thirty (30) days follovling the occurrence of the vacancy, subject to eonfirmatioFl by the Commission. ii) If six (6) months or more remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor within thirty (30) days follo\'Ang the occurrence of the ',acane)', subject to Charter Amendment Second Reading Section 2.5, 6.5.1, & 5.1, & 2.3 of the City Charter I Exhibit "A" confirmation by the Commission. The nominee shall fill the '{aeaDey until the next regularly scheduled election in Miami Dade County, unless the Commission in unable to eonfirm a nominee, in ...vhich case a speeial eleetion to fill that vacancy shall be held ao later than ninety (90) days f{)llowing the oce1:lrrence of the vacancy. iii) If the Mayor's position becomes vaeaflt, the Vice Mayor shall complete the term of .Mayor if less than six (6) months remain in the unexpired term. The vacaney tOOs created on the Commission shall be filled in the mar.ner that the ",aeaney of a Commissioner is ge:aerally filled under this Charter. The Commission shall then appoint a new 'lice Mayor. If the eleeted Mayor shall be ret1:lmed to office, &he shall automatically resume the duties of the office for the balance of the term for 'Nhich eleeted and the '1iee Mayor shall be returned to complete the balance of his/her term. Nevertheless, if six (6) momhs or more remain in the unexpired term, a special election shall be held for the election of a new Mayor within ninety (90) days followiag the ocemrenee of the vacancy. (c) Filling of Vacancies of Mayor and Commissioners i) If the Mayor's position becomes vacant, and no more than six (6) months remain in the unexpired term of the Mayor, the Vice-Mayor shall complete the term of Mayor. Ifmore than six (6) months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there is a City, County or State or national election scheduled to take place not sooner than forty-five (45) or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice-Mayor shall serve the term of the Mayor until the special election or scheduled election. A new Vice-Mayor shall serve until the election or scheduled election, unless reappointed. (ii) If the vacancy occurs on the Commission, and no more than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within thirty (30) days following the occurrence of the vacancy subject to confirmation of the Commission. Ifmore than six months remains in the unexpired term of a Commissioner, the vacancy shall be filled by a special election to he held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there is a City, County, State or national election scheduled to take place not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the Commission shall be filled by a nominee of the Mayor within thirty (30) days following the occurrence of the vacancy, subject to the confirmation of the Commission. The nominee shall fill the vacancy until the special election or scheduled election. Section 2, Compensation; reimbursement for Expenses. That Section 2.6 "Compensation; reimbursement for expenses" of the City charter, is amended by revising this seetion, to read as follows: Section 2.6 Compensation; reimbursement for Expenses, City Commissioners, including the Vice-Mayor, shall serve without compensation inK shall receive Charter Amendment Second Reading Section 2.5, 6,5.1. & 5.1, & 2.3 of the City Charter 2 reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for amnorized reasonable expenses incurred in the perrormaflee of their official Elmies, as evidenced by proper receipts and as appro'/ed by the City Manager. receive compensation in the amount of $1000,00 per month and the Mayor shall receive compensation in the amount of $1.250.00 per month. Compensation provided herein. shall be increased in accordance with the CPI index. eost of living aaiustmeat proyided to employees afthe City . Further. the Mayor and City Commissioners shall receive reimbursement for business expenses in accordance with applicable law. or as may be otherwise provided by ordinance, Section 3, Elections Section 5.1 "Elections" of the City Charter is amended by revising this Section to read as follows: (c) Election Dates. A general election shall be held in each odd-numbered year on the second Tuesday following the first Monday in September November. A run-off election, if necessary, shall be held on the second Tuesday following the first Monday of October December. In the event an election date falls on a religious holiday, the City Commission may, by ordinance, change the dates for qualifying and for the election. Section 4. Election and Term of Office. Section 2.3 "Election and Term of Office" of the City Charter is amended by revising this Section to read as follows: (c) Limitations on Lengths of Service. No person shall serve as Mayor for more than two elected terms. No person shall serve as a Commissioner for more than two elected terms. A "term" shall be deemed commenced upon election. whether or not it is actually completed. except that a vacancy being filled for less than two years remaining in the filling of that term shall not be counted as a "term" under this section, Section 5. Form of Ballot. The form of ballot of the Charter amendments provided for in sections 1 through 4, inclusive, of this Ordinance shall be as follows: I. FILLING A VACANCY IN OFFICE OF MAYOR. If more than six months remain in the Mayor's term, the City Charter currently provides that a special election is required to be held within 90 days to fill a mayoral vacancy. It is proposed that the Charter be amended to provide that a special election be held not sooner than 45 days or more than 90 days following the occurrence of the vacancy in the Mayor's position. Shall the above described amendment be adopted? Yes [] No [] Charter Amendment Second Reading Section 2.5, 6,5,1, & 5.1, & 2.3 of the City Charter 3 2. FILLING A VACANCY IN OFFICE OF COMMISSIONER. The City Charter provides that a vacancy in the Office of Commissioner is filled by appointment depending upon the length of the unexpired term and the occurrence of a general election. It is proposed that the Charter be amended to provided that vacancies for an unexpired term of six months or less be filled by appointment and that other vacancies be filled by special election to be held, not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy. Shall the above described amendment be adopted? Yes [] No [] 3. COMPENSATION. The City Charter currently provides that the Mayor and the City Commissioners shall serve without compensation. It is proposed that the Charter be amended to provide City Commissioners with a monthly compensation of $1,000.00 for their services on the Commission, and the Mayor with a monthly compensation of$1 ,250.00 for his or her service on the Commission. Shall the above described amendment be adopted? Yes [J No [] 4. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COMMISSION. The City Charter currently provides that the date of the general election for Mayor and Commissioners shall be in September of each odd-numbered year. It is proposed that the Charter be amended to revise and extend the date of election to the second Tuesday in November of each odd-numbered year. Shall the above described amendment be adopted? Yes [] No [] Charter Amendment Second Reading Section 2.5, 6,5.1, & 5, I, & 2.3 of the City Charter 4 5. TERM LIMITS FOR MEMBERS OF THE COMMISSION. The City Charter currently provides that a person may serve two elected terms as Mayor and two elected terms as a City Commissioner. It is proposed that the Charter be amended to provide that time served in filling a vacancy as a Mayor or commissioner shall not be deemed a "term" unless the time served is more than two (2) years. Shall the above described amendment be adopted? Yes [] No [] Section 6. Charter Amendment to be Available for Public Inspection. and for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections The place, information and the full text of the proposed City Charter amendments are available at the office of the City clerk located at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida. Copies of this Ordinance providing for Charter Amendments subject to this referendum approval is on file in the office of the City Clerk and available for public inspection during regular business hours. The City Clerk is authorized to utilize the services of Miami-Dade County Supervisor of Elections for any assistance required in the administration of the election. Section 7. Providing for Inclusion in the Charter It is the intention of the City Commission and its is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the City of Sunny Isles beach, Florida, as to each Charter amendment measure approved by a majority of voters on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Providing for Adoption of Enabling Resolution. The City Commission shall provide for enactment of an enabling resolution submitting the proposed amendments to the electorate pursuant to Section 5.03 of the Dade County Charter. Section 9, Severability . The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Charter Amendment Second Reading Section 25. 6.5,1, & 5, I, & 2,3 of the City Charter 5 Section 10. Effective Date. This Ordinance shall become effective upon adoption on second reading, and each of the Charter amendment measures provided herein shall be effective only upon approval of a majority of electors voting on the measure, effective upon certification of the election results, If conflicting amendment s are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 4-t- PASSED AND ADOPTED upon first reading this ;;JJj day of PASSED AN ADOPTED upon second reading this ~day of YY\ ~ ' 2004. ~~,2004. ~ + ~ ~ ('~TtES1::.. .~. (., . ~, .. (.. \ . \/, ,', ..... '... ~." \9 ..; r"t ,:., ^ -', :'. \ ~ '52~"-;j~-'if! ~ 'r"" Jane'A. Hines, C1o/.Clerk APPROVED AS TO LEGAL FORM AND SU FICIENCY: Motion on second reading by: " I O~~:~(l1711'\-ttJ Second on second readmg by: C AM 'C "H-AL~ VOTE: 6-D Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) V (yes) V (yes) V (yes) j,/ (yes) V (no)_ (no)_ (no)_ (no)_ (no)_ Charter Amendment Second Reading Section 2.5, 6,5.1, & 5.1, & 2,3 of the City Charter 6 NOVEMBER 2, 2004 GENERAL ELECTION POLLING PLACES IN SUNNY ISLES BEACH Precinct Location Address 001 OCEAN VIEW APARTMENT HOMES 19380 COLLINS A VENUE 002 ST. MARY MAGDALEN CATHOLIC CHURCH 17775 NORTH BAY ROAD 003 WINSTON TOWERS - BLDG. 400 231-174 STREET 004 PLAZA OF THE AMERICAS 17001 NORTHBAYRD 005 ARLEN HOUSE CONDO WEST 350 BA YVIEW DRIVE Exhibit "B" 004"'sett City Commission S of Fs city of Sunny Isles Beach Norman S.Edelen!),Mayor M o 17070 Collins Avenue, Suite 250 Gerry Goodman,Vice Mayor Sunny Isles Beach,Florida 33160 Roslyn Brain,commission's Danny Iglesias,Commissioner e • Lewis J.Thaler,Commissioner r.\ (305) 947-0606 City Hall 'r no `o'{„r (305) 947-2150 Building Department Christopher J.Russo,City Manager ra (305) 949-3113 Fax Lynn M.Daomelver,City Niamey or ton ^ Jane A.Hines,City Clerk MEMORANDUM To: The Honorable Mayor and City Commission From: Jane A. Hines „„:\LY A City Clerk Date: July 22, 2004 Re: Resolution Placing Proposed Charter Amendments on the Ballot for November 2, 2004 General Election and Designating One Registered Voter to Serve on the Canvassing Board for the General Election RECOMMENDATION: It is requested that the City Commission adopt the Resolution placing proposed Charter Amendments on the Ballot and designating "one registered voter" who shall serve with the City Manager and City Clerk as the Canvassing Board for the November 2, 2004 General Election. REASONS: On July 8, 2004 the City Commission adopted Ordinance No. 2004-207 placing proposed Charter Amendments on the ballot for the November 2, 2004 General Election. This Resolution forwards that Ordinance to the Miami-Dade County Elections Department providing the required details regarding the conduct of the General Election. Pursuant to City Ordinance Numbers 99-65, 2001-124, 2003-170, and 2003-176 the City Commission must designate one registered voter to serve on the Canvassing Board for the General Election. The registered voter who would serve on the Canvassing Board should be willing to remain neutral during the upcoming process. Agenda Item Date