HomeMy WebLinkAboutOrdinance 2008-307
ORDINANCE NO. 2008- ~ 0'7
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 2.3 (b) "RESIDENTIAL AREAS" TO PERMIT
THE REDRAWING OF RESIDENTIAL VOTING AREAS
BOUNDARIES BY ORDINANCE BASED ON PO PULA TION
GROWTH; AMENDING SECTION 2.3(b) TO CONVERT
THE AT-LARGE SEAT ON THE CITY COMMISSION TO
A RESIDENTIAL VOTING AREA SEAT; PROVIDING FOR
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO
THE ELECTORATE; PROVIDING FOR COPIES OF THE
CHARTER AMENDMENTS TO BE A V AILABLE FOR
PUBLIC INSPECTION; CALLING A SPECIAL ELECTION
ON THE PROPOSED CHARTER AMENDMENTS TO THE
CITY CHARTER TO BE HELD IN CONJUNCTION WITH
THE GENERAL ELECTION ON TUESDAY, NOVEMBER
4, 2008; PROVIDING FOR NOTICE OF ELECTION;
PROVIDING FOR BALLOTING AND ELECTION
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CHARTER; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sections 6.01 (a) of the Charter of the City of Sunny Isles Beach provides
that the Commission may, by ordinance, propose amendments to the Charter subject to approval
by the electorate a the next general election or at a special election called for such purpose; and
WHEREAS, since its incorporation, the City has experienced a development boom
which has significantly increased the population in the City; and
WHEREAS, as a result of population growth, the City Commission wishes to redraw the
boundaries of the residential voting areas and wishes to convert the at-large seat on the City
Commission to a residential voting area seat to ensure proportionality between the residential
voting areas and balance representation in terms of geographic areas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals adopted. That each of the recitals stated above is hereby adopted and
confirmed.
Section 2. Charter Amendment. That pursuant to Section 6.01 (a)(i) of the City Charter and
Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Sunny Isles
Beach, Florida, is hereby amended by amendi ng subsection (b) of Section 2.3 of the City
Charter, as described below in Part A, to read as follows:
Providing For Submission To The Elcctors For Charter Change Page I of 6
Part A. Subsection (b) of "Residential Areas" Section 2.3 of the City Charter of the City of
Sunny Isles Beach is hereby amended to read as follows:
Section 2.3
Election and Term of Office.
(a) Election and Term of Office. Each commissioner and the Mayor shall be
elected at -large for four -year terms by the electors of the City in the manner provided III
Article 5 of this Charter.
(b) Residential Areas. Thc City shall bc divided into thrcc (3) residencc areas
describcd as follows: the north area consisting of those portions of thc City containcd in Miami
Dadc County Election Oepartment Precinct No. 001 [bounded on the north by the northern
boundary of Oade County, boundcd on the east by the l.tlantic Ocean, boundcd on the south by
the centcrline of Northeast 185tfl Street and its eastwardly and westwardly extension, and
bounded on the west by thc Intracoastal Waterway] and Precinct No. 002 [boundcd on the north
by the ccnterlinc of Northeast 185tfl Street and its eastwardly and 'Nestwardly cxtensions,
bounded on the east by the Atlantic Ocean, bounded on the south by the Engineering Linc of
~tfl Street, and bounded on the west by the Intracoastal Waterway] (hcreinaftcr collcctively
referred to as the "Northern Arca"); and the ccntral arca consisting of those portions of the City
contained in Precinct No. 003 bounded on the north by the Engineering Line of 175tfl Street,
bounded on the cast by the Atlantic Ocean, bounded on the south by the south property line of
the Winston Towcrs Complex and its westv,mdly and east\Nardly cxtension, and bounded on the
west by thc Intracoastal '.l/aterway (hereinafter rcferred to as thc "Central Area"); and thc south
area consisting of those portions of the City contained within Prccinct No 001 [bounded on the
north by the south propcrty linc of the \Vinston Towcrs Complex and its wcstwardly and
east'Nardly cxtension, bounded on the east by the Atlantic Occan, bounded on the south by the
centerline of Sunny Isles Boulcvard and its eastv,"ardly extension, bounded on the west by the
Intercoastal Waterway] and Precinct 005 [bounded on the north by the centcrline of Sunny Isles
Boulevard and its castwardly extcnsion, bounded on the east by thc ,^.tlantic Ocean, bounded on
thc south by thc municipal boundary of Sal Harbour, and bounded on the wcst by the
Intracoastal \Vatcrway] (hereinafter refcrred to as the "Southern area"). Collccti':ely, the
Northern l.rea, the Ccntral Area and thc Southern ,'\rca are rcferred to as "Residential Areas",
individually each as a "Residcntial ,\rea". One Commissioner shall reside in thc Northcrn Arca
(Seat 1), one Commissioner shall reside in the Central ,'\rea (Seat 2), and one commissioner shall
residc in thc Southcrn Area (Scat 3); and one Commissioner shall bc electcd 'vvithout rcgard to
residence in any particular Residential Arca (Seat 1). Pcrsons Running from a particular
Rcsidential ,\rca must be a resident of the Residcntial ,\rea 'Nhich s/he proposes to reprcscnt on
the Commission a the time of qualifying, at the time of his/her elcction and must continue to
reside in such residential ,\rea during his/her tcrm of office. Commissioncrs holding Scats 1, 2 or
3 are collecti':ely referred to as the "Residential ,\rea Commissioners", individually as a
"Residential l.rea Commissioncr"; the Commisioncr holding Seat 1 and thc Mayor, as the
context dictates, are collcctively referred to as the "At Large Commissioners, indiyidually each
as an ",\t Large Commissioner".
Providing For Submission To The Electors For Charter Change Page 2 of 6
(b) Residential Areas. The City shall be divided into four (4) residential areas. The
Northern Residential Area shall be called Seat 1. The Central Residential Area shall be called
Seat 2. The Southern Residential Area shall be called Seat 3 and the Mid-South Residential Area
shall be called Seat 4. The boundaries of each residential area shall be established by Ordinance
based on population. Said Ordinance is required to be adopted by a super-maiority vote or 4-1
vote of the City Commission. The City Commission may from time to time redraw the
boundaries of the residential areas to ensure proportionality based on population growth. The
boundary changes shall be made available to public immediately upon the adoption of the
Ordinance. One Commissioner shall reside in the Northern Residential Area (Seat 1), one
Commissioner shall reside in the Central Residential Area (Seat 2); one Commissioner shall
reside Southern Residential Area (Seat 3); and one Commissioner shall reside in the Mid-South
Residential Area (Seat 4). Persons running from a particular Residential Area must be a resident
of the Residential Area which s/he proposes to represent on the Commission at the time of
qualifying, at the time of his/her election and must continue to reside in such Residential Area
during his/her term of office. Commissioners holding Seats 1, 2, 3 or 4 are collectively referred
to as the "Residential Area Commissioners", individually as a "Residential Area Commissioner".
Section 3. Election Called. A special election is hereby called, and to be held on Tuesday, the
4th day of November, 2008, to present to the qualified electors of the City of Sunny Isles Beach,
the ballot questions provided below in Section 4 of this Ordinance.
Section 4. Form of Ballot.
A. The form of ballot for the Charter Amendments provided for in Section 2 of this
Ordinance shall be substantially, as follows:
1. Permission to Redraw Residential Voting Areas By 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. Converting the At-Large Commissioner Seat to a Residential Voting
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
Providing For Submission To The Electors For Charter Change Page 3 of 6
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 []
B. The City Commission may revise the ballot form which is set forth above by
Resolution.
Section 5. Balloting and Canvassing.
A. The balloting shall be conducted on Tuesday, November 4, 2008, between the
hours of 7:00 A.M. and 7:00 P.M. at the regular polling places provided for
elections in the City. Absentee balloting shall be available as authorized by law.
Early voting pursuant to Section 101.657, Florida Statutes, shall be provided. All
qualified City electors who are timely registered in accordance with law shall be
entitled to vote.
B. The City Clerk is authorized to obtain any necessary election administration
services from the Miami-Oade County Supervisor of Elections. The City Clerk
and the County Supervisor of Elections are hereby authorized to tall appropriate
action necessary to carry into effect and accomplish the electoral provisions of
this Ordinance. This Special Election shall be canvassed pursuant to the City
Charter and City Code, unless otherwise provided by law.
Section 6. Notice of Election. The City Commission hereby directs the City Clerk to publish
the notices of said election in accordance with Section 100.342, Florida Statutes, in a newspaper
of general circulation within the City at least thirty (30) days prior to said election, and the notice
shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION"
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
OROINANCE NO. AOOPTED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, A SPECIAL
ELECTION HAS BEEN CALLED AND OROEREO TO BE HELO WITHIN
THE CITY OF SUNNY ISLES BEACH ON TUESOA Y, THE 4TH OA Y OF
NOVEMBER, 2008, BETWEEN THE HOURS OF 7:00 A.M. ANO 7:00
P.M., AT WHICH TIME THE FOLLOWING CHARTER AMENOMENT
PROPOSALS SHALL BE SUBMITTEO TO THE QUALIFIEO ELECTORS
OF THE CITY FOR APPROVAL OR REJECTION.
Providing For Submission To The Elcetors For Charter Change Page 4 or 6
1. Permission to Redraw Residential Voting Areas By 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. Converting the At-Large Commissioner Seat to a Residential Voting
Area Commissioner Seat
The City Charter currently does not require the Commissioner holding Seat 4
to reside in a Residential Voting Area but requires the other three (3) City
Commissioners to reside in a Residential Voting Area even though all
members of the City Commission are elected at-large. 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 []
The full text of the proposed Charter Amendments is available at the Office of the City
Clerk located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
Section 8. Copies. The place, information, and the full text of the proposed City Charter
Amendments are available at the office of the City Clerk at 18070 Collins A venue, Sunny Isles
Beach, Florida. Copies of this Ordinance providing for the 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.
Section 9. Effectiveness. The Charter Amendments provided for in Section 2 above shall
become effective if the majority of the qualified electors voting on the Charter Amendment vote
for its adoption, and it shall be considered adopted and effective upon certification of the election
results. Following adoption of the Charter Amendments, the City Clerk shall file the adopted
Charter Amendment with the Clerk of the Circuit Court of Miami-Oade County, Florida.
Providing For Submission To The Electors For Charter Change Page 5 of 6
Section 10. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 11. Inclusion In The Charter. It is the intention of the City Commission, and it is
hereby provided that the Charter Amendment become and be made a part of the Charter of the
City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re-Iettered
to accomplish such intentions.
Section 12. Effective Date of this Ordinance. This Ordinance shall become effective
immediately upon adoption on second reading.
PASSED and ADOPTED on First Reading the 11..f.k day of ---.f}PA, I L
,2008.
PASSED and ADOPTED on Second Reading this ~ day of ~ U. L 'Y
,2008.
ATTEST:
~~ A-Ju~-
Jane A. Hines, CMC, City Clerk
Moved by:
Co~ cDCDbh1W
V I ~ rY\~Y" Tt-l)l\L <c-e.
Second by:
VOTE AS FOLLOWS: 6-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
CD yes
( ~ yes
( V) yes
~yes
~yes
L)no
L)no
L)no
(~no
(_) no
Providing For Submission To The Elcctors For Charter Change Page 6 of 6
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARINGS
~
NOTICE IS HEREBY GIVEN that the City Commission of the City of
Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles
Beach Government Center, David P. Samson Commission Chambers,
18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, July
17, 2008, al 6:30 p.m., to consider final adoption of the following
proposed Ordinances:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, 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; PROVIDING FOR
REOUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; PROVIDING FOR COPIES OF THE CHARTER
AMENDMENT TO BE AVAILABLE FOR PUBLIC INSPECTION;
CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER
AMENDMENTS TO THE CITY CHARTER TO BE HELD IN
CONJUNCTION WITH THE GENERAL ELECTION ON TUESDAY,
NOVEMBER 4, 2008; PROVIDING FOR NOTICE OF ELECTION;
PROVIDING FOR BALLOTING AND ELECTION PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING THE CITY CHARTER ANO CITY
COOE OF OROINANCES TO CHANGE THE DATES OF GENERAL
AND RUN-OFF ELECTIONS OF THE CITY AND FOR THE RELATED
EXTENSION OF THE TERM OF OFFICE AND THEALLDWED LENGTH
OF SERVICE; PROVIDING REOUISITE BALLOT LANGUAGE FOR
SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION
ON THE PROPOSED CHARTERAMENDMENTSTOTHE CITY CHARTER
TO BE HELD ON NOVEMBER 4, 2008; PROVIDING FOR NOTICE OF
ELECTION; PROVIDING FOR BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR REPEAL, CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING CHAPTER 256 BY CREATING
A NEW ARTICLE ENTITLED "THE CITY OF SUNNY ISLES BEACH
DANGEROUS INTERSECTION SAFETY ACT"; PROVIDING FOR
RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED
LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at
305-792-1703. Copies of these documents are available for public
inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an
~oet~e ~~ ~~~~~~~~~i~~~~~~;I~:~~~~~1d~~~~~~II~~~~;~~e~~~~~I~~
Beach, Florida, 33160.Any person wishing to address the City Commission at
a publiC hearing is asked to reg~ter with the City Clerk by completing a public
speakers' card prior to the item being heard. The hearing on these matters
may be continued at this meeting and under such circumstances, additional
legal notice would not be provided. If a person decides to appeal any decision
made by the City Commission with respect to any matter considered at such
meeting, they will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is made, which
record indudes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City tor introduction
or admission of otherwise inadmissible or irrelevant evidence. nor does it
authorize challenges or appeals not otherwise allowed by taw.
In accordance with the Americans with Disabilities Act. all persons who are
disabled and who need special accommodations to participate in this meeting
because of that disability should contact the City Manager at 305-947 ,0606,
no later than 48 hours prior to the proceedings; If hearing impaired, please
telephone the TTY line at 305-792.1590 tor assistance.
, 19
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TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins 1\ venuc
Sunny I sIcs Beach, Florida 33160
Ciry Commi.r.riol/
Nonnan S. Edelcup, ,11t/yor
Lcwis J. Thaler, I 'i,,' '\[''Yor
Roslyn Brczin, C'Ol!lmiffifllll'r
Gerry Goodman, COmmif.l'i01I1'r
George "Bud" Scholl, (.ommini(!IIer
(305) 947-0606 City I lall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947 -5107 I,'ax
A. John Szerlag, Cily M"II,!~er
Hans Ottinot, (il)' /II/onll')
Jane A. Hines, (1)' Clerk.
MEMORANDUM
The Honorable City Commission
Hans Ottinot, City Attornei~/1A---
April 17,2008 r V
Charter Amendments Ordinance Relating To Residential Voting Areas
RECOMMENDATION:
It is recommended that the City Commission approve the attached Ordinance Calling for A Special
Election to submit Charter Amendments Providing the City Commission with the authority Redraw
Boundaries of the Residential Voting Areas to the Electorate.
REASONS:
At a workshop held on February 28, 2008, the City Commission determined that a need has arisen to
redraw the boundaries of the residential voting areas due to population growth in the City. The
Commission also determined that converting the At-Large Commissioner Seat to a Residential Area
Seat was necessary to ensure balanced representation on the City Commission from geographic areas
in the City. These determinations were made by the City Commission after the Commission
concluded that the three residential voting areas have either become too large or too small due to
population growth in the City. In other words, the residential voting areas are not proportional.
To make the residential voting areas proportional, the boundaries of residential voting areas must be
adjusted. In order to redraw the boundaries of the residential voting areas and convert the At-Large
Commissioner Seat, the voters of the City must approve two charter amendments. These
amendments are set forth in the attached Ordinance. The first amendment asks voters for permission
to redraw the boundaries of the residential areas by ordinance based on population growth in order to
ensure proportionality. The second amendment asks voters to convert the At-Large Commissioner
Seat to a Residential Area Seat. If these amendments are approved by the voters, the City
Commission will have authority to redraw the boundaries of the residential areas to ensure that the
areas are proportioned.
Lastly, I want to emphasize that the proposed charter amendments does not change the manner in
which the members of the City Commission are elected by voters. Under the City Charter, the five
members of the City Commission, including the Mayor, are elected at-large. Simply put, all voters
are able to cast a vote any member of the City Commission.
/ Attachment
Agenda Item Cf A
Date 7 - 11- 08
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