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HomeMy WebLinkAboutReso 2008-1287 RESOLUTION NO. 2008 - I ~B, 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 NOVEMBER 4, 2008, TO CONSIDER PROVIDING FOR AMENDMENTS TO THE CITY CHARTER AS FOLLOWS: AMENDING SECTION 2.3(b) "RESIDENTIAL AREAS" TO PERMIT THE REDRAWING OF RESIDENTIAL VOTING AREAS' BOUNDARIES BY ORDINANCE BASED ON POPULATION GROWTH; AMENDING SECTION 2.3(b) TO CONVERT THE AT-LARGE SEAT ON THE CITY COMMISSION TO A RESIDENTIAL VOTING AREA SEAT; AMENDING THE CITY CHARTER AND CITY CODE OF ORDINANCES TO CHANGE THE DATES OF GENERAL AND RUN-OFF ELECTIONS OF THE CITY AND FOR THE RELATED EXTENSION OF THE TERM OF OFFICE AND THE ALLOWED LENGTH OF SERVICE; PROVIDING FOR PERMISSION TO MAKE TECHNICAL AND STYLISTIC AMENDMENTS; PROVIDING FOR COPIES OF THE RESOLUTION AND ORDINANCES 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 November 4, 2008, 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. 2008-307 and Ordinance No. 2008-308, anticipated to be adopted on July 17,2008. 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 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: R2008- Charter Amendments - Special Election Res. l ____ "NOTICE OF SPECIAL ELECTION" PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO OROINANCES DUL Y ADOPTEO BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIOA, AN ELECTION HAS BEEN CALLEO ANO ORDERED TO BE HELO WITHIN THE CITY OF SUNNY ISLES BEACH ON NOVEMBER 4, 2008, BETWEEN THE HOURS OF 7:00 A.M. ANO 7:00 P.M., AT WHICH TIME THE FOLLOWING CITY CHARTER AMENOMENT PROPOSITIONS SHALL BE SUBMITTEO TO THE QUALIFIEO ELECTORS OF THE CITY. 1. Permission to Redraw Residential V otin2: Areas bv Ordinance Due to Increase in Population The City Charter currently does not provide the City Commission with the authority to redraw the boundaries of Residential Voting Areas due to increase in population. It is proposed that the Charter be amended to permit the redrawing of the boundaries of residential voting areas by Ordinance based on population growth. Shall the above described amendment be adopted? Yes [ ] No [] 2. Convertin2: the At-Lar2:e Commissioner Seat to a Residential Votin2: Area Commissioner Seat The City Charter currently does not require the Commissioners holding Seat 4 to reside in a Residential Voting Area but requires the Commissioners holding Seat 1, Seat 2, and Seat 3 to reside in a Residential Voting Area. It is proposed the Charter be amended to convert Seat 4, the At-Large Seat on the City Commission, to a Residential Voting Area Seat. Shall the above described amendment be adopted? Yes [ ] No [] 3. Elections Dates The City Charter currently provides that the City's general election be held in November of odd-numbered years and that the run-off, if necessary, be held the December following. It is proposed that the Charter be amended to provide that the City's general elections be held in even-numbered years in November in R2008- Charter Amendments - Special Election Res. 2 conjunction with elections held by Miami-Oade County, and that the terms of all currently sitting elected officials be extended to accomplish this goal. Shall the above described amendment be adopted? Yes [ ] No [] Section 4. Copies of this Resolution and the Ordinances 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 18070 Collins Avenue, 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-Oade 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 ADOPTEO this 1 ih day of July 2008. V7: ATTEST: ~~L Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ot, ~t:A~~~ ff~ Second by: Vl CJ d\~y T rtWL <t.((.. ~YY\~ Sc.\\-oLL Moved by: VOTE: Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl yes ~no_ yes V no_ yes V no_ yes V no yes? no= R2008- Charter Amendments - Special Election Res. 3 City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33 160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. EdelclIp, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottillot, City Allorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission VIA: FROM: DATE: RE: A. John Szerlag, City Manager ~~~ Jane A. Hines, CMC, City Clerk July 17,2008 Resolution Calling for a Special Election on November 4, 2008 to Consider Proposed Amendments to the City Charter RECOMMENDATION: It is requested that the City Commission adopt the attached Resolution that provides for conducting a Special Election on November 4, 2008. REASONS: It was determined at the February 28, 2008 Commission Workshop that there was a need to amend our Charter by: 1) redrawing residential voting areas by ordinance due to the increase in the City's population, and 2) converting the At-Large Commissioner Seat to a Residential Voting Area Commissioner Seat. Also, due to the overwhelming cost of elections, 3) changing the election dates by holding general elections in even-numbered years in November in conjunction with elections held by Miami-Oade County, and that the terms of all currently sitting elected officials be extended to accomplish this goal. This Resolution provides the required details regarding the conduct of a Special Election which will be held on November 4, 2008 in conjunction with the County's General Election. The Miami-Oade Oepartment of Elections will act as the Canvassing Board for this election. ADDITIONAL INFORMATION: Ordinances to consider these proposed Charter Amendments are part of this agenda for Second Reading, Items 9A and 9B, and are anticipated to be adopted. To be completed by Dep:utment Head To be completed bv City Clerk's Office Funding available: l\pprm'al: \)M ~ ,\genda Item No,: \ 0 & Finance Departmmt City Manager I- II- O~ Commission Meeting Date: