HomeMy WebLinkAboutOrdinance 2008-315
ORDINANCE NO. 2008-.3.l.S
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE
CITY CODE TO ACCEPT THOSE CHARTER PROVISIONS SET
FORTH IN SAID CHAPTER AND ONLY THOSE APPROVED BY A
MAJORITY OF THE VOTERS ON NOVEMBER 4, 2008 ACCORDING
TO OFFICIAL RESUL TS TO AMEND THE CITY CHARTER BY
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 SECTION 5.1(c) 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; AMENDING THE QUALIFYING PERIOD NO
EARLIER THAN 9:00 A.M. ON THE 63RD DAY AND NO LATER THAN
4:00 P.M. ON THE 60TH DAY PRIOR TO THE DATE OF THE GENERAL
ELECTION FOR THE OFFICE OF MAYOR OR CITY
COMMISSIONER; PROVIDING FOR PERMISSION TO MAKE
TECHNICAL AND STYLISTIC AMENDMENTS; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; DIRECTING THE
CITY CLERK TO AMEND THE CITY CHARTER IN ACCORDANCE
WITH THE ELECTION RESULTS AND THIS ORDINANCE;
PROVIDING FOR INCLUSION INTO THE CITY CHARTER AND
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sections 6.0 1 (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, Section 6.1 of the City Charter and Section 6.03 of the Miami-Dade County
Charter, provides the manner in which Charter amendments shall be proposed; and
WHEREAS, an election was held on November 4, 2008, and in accordance with the
majority vote and official election results the City Charter must be amended in accordance with
the terms of this ordinance amending Chapter 26 of the City Code;
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.
02008- Charter Amendments Approved At Election 110408
Page I of 5
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 amending subsection (b) of Section 2.3 of the City
Charter, as described below in Part A, by amending subsection (a) of Section 2.3 and
subsection (c) of Section 5.1 of the City Charter, as described below in Parts Band C, by
amending Section 26.6 of the City Code, as described below in Part D, to read as follows:
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 ofOfjice. Each commISSIOner and the Mayor shall be
elected at-large for four-year terms by the electors of the City in the manner provided in Article
5 of this Charter.
(b) Residcntial Areas. The City shall be divided into three (3) residence areas
described as follo,>vs: the north area consisting of those portions of the City contained in Miami
Dade County Election Department Precinct No. 001 [bounded on the north by the northern
boundary of Dade County , bounded on the east by the /\t1antic Ocean, bounded on the south by
the centerline of Northeast 185tfl Street and its eastwardly and '.vestwardly extension, and
bounded on the '.vest by the Intracoastal Waterv/ay] and Precinct No. 002 [bounded on the north
by the centerline of Northeast 185tfl Street and its eastwardly and Westwardly extensions,
bounded on the east by the .^.tlantic Ocean, bounded on the south by the Engineering Line of
~tfl Street, and bounded on the ,>vest by the Intracoastal Waterway] (hereinafter collectively
referred to as the "Northern .^.rea"); and the central area 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 east by the .^.t1antic Ocean, bounded on the south by the south property line of
the Winston Towers Complex and its westwardly and east'Nardly extension, and bounded on the
west by the Intracoastal Waterway (hereinafter referred to as the "Central .^...rea"); and the south
area consisting of those portions of the City contained within Precinct No 001 [bounded on the
north by the south property line of the Winston Towers Complex and its ',vestwardly and
eastwardly extension, bounded on the east by the .^.tlantic Ocean, bounded on the south by the
centerline of Sunny Isles Boulevard and its eastv.mdly extcnsion, bounded on the 'Nest by the
Intercoastal Waterway] and Precinct 005 [bounded on the north by the centerline of Sunny Isles
Boulevard and its eastwardly extension, bounded on the east by the l\tlantic Ocean, bounded on
thc south by the municipal boundary of Bal Harbour, and bounded on the west by the
Intracoastal Watenvay] (hereinafter referred to as the "Southern area"). Collectively, the
Northern Area, the Central Area and the Southern Area are referred to as "Residential Areas",
individually each as a "Residential .^.rea". One Commissioner shall reside in the Northern .^...rea
(Seat 1), one Commissioner shall reside in the Central Area (Seat 2), and one commissioner shall
reside in the Southern Area (Seat 3); and one Commissioncr shall be elected without regard to
residence in any particular Residential Area (Seat 1). Persons Running from a particular
Residential Area must be a resident of the Residential .^...rea '.vhich s/he proposes to represent on
the Commission a 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 or
02008- Charter Amendments Approved At Election 110408
Page 2 of 5
3 are collectively referred to as the "Residential Area Commissioners", individually as a
"Residential .^~rea Commissioner"; the Commisioner holding Seat 1 and the Mayor, as the
context dictates, are collectively referred to as the ".^~t Large Commissioners, individually each
as an ".\t Large Commissioner".
(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".
Part B. Subsection (a) "Election and term of Office: Section 2.3 (a) of the City
Charter of the City of Sunny Isles Beach is hereby amended to read as follows:
(1) (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 in Article 5 of
this Charter. The four year term length for each Commissioner and the Mayor which is
provided for in this section shall be extended as necessary to accomplish the election date
revision made pursuant to Section 5.1 (c) of this Charter. Accordingly, the terms of office of
the Mayor and City Commissioners which would otherwise expire in November 2009 shall
instead expire in November 2010 and the terms of office of the City Commissioners which
would otherwise expire in November of2011 shall instead expire in November 2012.
Part C. Subsection (c) "Elections" Section 5.1 (c) of the City Charter of the City of
Sunny Isles Beach is hereby amended to read as follows:
Election Dates. Commencing in the year 2010 and thereafter, A the City's general election shall
be held in each odd numbered year on the second Tuesday following the first Monday in
November in even-numbered years in November. A run-off election, if necessary, shall be held in
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. The terms of the sitting
officials shall be extended to as necessary to accomplish the election date revision made pursuant
to this Section in accordance with Section 2.3 of the Charter.
02008- Charter Amendments Approved At Election 110408
Page 3 of 5
Part D. Chapter 26 "Elections" Section 26.6 "Qualifying as candidate for Mayor or City
Commissioner; fee; oath; single candidate considered elected" of the City Code of the City of
Sunny Isles Beach is hereby amended to read as follows:
Candidates for the office of Major or City Commissioner shall qualify with the City Clerk no
earlier than 9:00 a.m. on the 63r ~tfl day and no later than 4:00 p.m. on the 60th gtfl-day prior
to the date of the general election.
Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of this ordinance.
Section 5. Directions to Clerk. The City Clerk is hereby directed to amend the City Charter
in accordance with the election results and this ordinance.
Section 6. Inclusion in the Code. It is the intention of the Mayor and City Commission of
the City of Sunny Isles Beach, and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of the City of Sunny Isles Beach, Florida. The
sections of this ordinance may be renumbered or re-Iettered to accomplish such intention, and
the word "ordinance" may be changed to "section", "article", or other appropriate word.
Section 7. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading, except the amendments set forth in Section 2 Part A shall apply only to
candidates for the City's General Election held in 2010.
PASSED and ADOPTED on First Reading this I~ day of ~ 2008.
PASSED and ADOPTED on Second Reading this I ~ day of 'D~c.. 2008.
ATTEST:
~(hI A-~
Jane A. Hines, CMC, City Clerk
02008- Charter Amendments Approved At Election 110408
Page 4 of 5
Moved by: C'(''HfY\M.\~~1 h A) fe G()~ rtN'
Second by: y,c.<r al1\-~l>~ ~~~~
VOTE AS FOLLOWS: 1.4-0-\
Mayor Edelcup ~ yes
Vice Mayor Thaler Ld' yes
Commissioner Brezin ~~ C-> yes
Commissioner Goodman ~ yes
Commissioner Scholl ~ yes
C-> no
C-> no
C-> no
C-> no
C-> no
02008. Charter Amendments Approved At Election 110408
Page 5 of5
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
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,
December 18, 2008, at 6:30 p.m., to consider final
adoption of the following proposed Ordinance:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 26 OF THE
CITY CODE TO ACCEPT THOSE CHARTER
PROVISIONS SET FORTH IN SAID CHAPTER
AND ONLY THOSE APPROVED BY A
MAJORITY OF THE VOTERS ON NOVEMBER
4,2008 ACCORDING TO OFFICIAL RESULTS
TO AMEND THE CITY CHARTER BY
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 SECTION 5.1(c) 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; AMENDING THE QUALIFYING
PERIOD NO EARLIER THAN 9:00 A.M. ON THE
63RO DAY AND NO LATER THAN 4:00 P.M. ON
THE 60TH DAY PRIOR TO THE DATE OF THE
GENERAL ELECTION FOR THE OFFICE OF
MAYOR OR CITY COMMISSIONER; PROVIDING
FOR PERMISSION TO MAKE TECHNICAL AND
STYLISTIC AMENDMENTS; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY;
DIRECTING THE CITY CLERK TO AMEND THE
CITY CHARTER IN ACCORDANCE WITH THE
ELECTION RESULTS AND THIS ORDINANCE;
PROVIDING FOR INCLUSION INTO THE CITY
CHARTER AND CODE; PROVIDING FOR AN
EFFECTIVE DATE.
Inquiries regarding this item may be directed to the
City Clerk at 305-792-1703. A copy of this document is
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 agent, or to express their views in writing
addressed to the City Commission c/o the City Clerk, City
of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach, Florida, 33160. Any person wishing to address the City
Commission at a public hearing is asked to register 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
includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the
City for introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law.
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
II ~~paired, please telephone the TTY line at 305-792-1590 for
t.::::sistance.
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA:
FROM:
A. John Szerlag, City Manager
~A~
Jane A. Hines, CMC, City Clerk
DATE: November 18, 2008
RE: Ordinance Amending Chapter 26 of the City Code to Accept those Charter
Provisions Set Forth in Said Chapter and Only those Approved by a Majority of
the Voters on November 4, 2008
RECOMMENDATION:
It is requested that the City Commission adopt the proposed Ordinance amending Chapter 26 of
the City Code to accept those Charter Provisions approved by a majority of voters at the Special
Election held on November 4, 2008.
REASONS:
A Special Election was held on November 4, 2008, and in accordance with the majority vote and
official election results, the City Charter must be amended in accordance with the terms of the
attached Ordinance amending Chapter 26 of the City Code by:
1) Amending Section 2.3(b) "Residential Areas" to permit the redrawing of residential
voting areas boundaries by Ordinance based on population growth, and to convert the at-
large seat on the City Commission to a residential voting area seat;
2) Amending Section 5.1 (c) 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;
3) Amending Section 26.6 to change the qualifying period for candidates for the office of
Mayor or City Commissioner to qualify with the City Clerk no earlier than 9:00 a.m. on
the 63rd ~tfl day and no later than 4:00 p.m. on the 60th Mtfl day prior to the date of the
general election. This amendment was at the request of the Elections Department.
This Ordinance shall be effective ten (10) days after adoption on second reading, except the
amendments to Section 2.3(b) which shall apply only to candidates for the City's General
Election beginning in 2010.
Funding available:
Finance Department
Agenda Item No.:
Commission Meeting Date: ~- I ~ - 0 ~