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HomeMy WebLinkAboutOrdinance 2009-317 ORDINANCE NO. 2009 - 31 '7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE CITY CODE TO PROVIDE FOR A NEW ARTICLE III TO INCORPORATE GENERAL ELECTION PROVISIONS; PROVIDING FOR INCORPORATION OF RECIT ALS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is required to hold elections for the offices of Mayor and City Commission, and WHEREAS, pursuant to Chapter 26 of the City Code and Articles 2 and 5 of the City Charter, the City's elections are supposed to be conducted in a certain manner, and WHEREAS, the City Commission deems it necessary to incorporate general election procedures into Chapter 26 of the City Code to create a comprehensive Election Code, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals, The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2, Amendment. Chapter 26 of the Sunny Isles Beach Code is hereby amended to create a new Article III to read as follows: ARTICLE III GENERAL ELECTION PROVISIONS ~ 26-13. Elections. (a) Electors, Any person who is a resident of the City, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the City, (b) Nonpartisan Elections, All elections for the City Commission and Mayor shall be conducted on a nonpartisan basis and no ballot shall show the party designation of any candidate, Page 1 of7 (c) Election Dates, Commencing in the year 2010 and thereafter, the City's general election shall be held 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, General Election, The ballot for the general election shall contain the names of all qualified candidates for Mayor, if the Mayor's term is expiring, and for each of the two Commission positions which are to be filled as a result of two members' terms expiring, and shall instruct electors to cast one vote for Mayor, if applicable, and one vote for each Commission seat, with a maximum of one vote per candidate, If any candidate for Mayor receives a number of votes greater than 50% of the total number of ballots cast, such candidate shall be the duly elected Mayor. If any candidate(s) for Commission receive(s) a number of votes greater than 50% of the total number of ballots cast, such candidate(s) shall be duly elected to the Commission, Run-off Election, The ballot for the run-off election shall contain the names of the two candidates for Mayor, if applicable, and the names of the two candidates for each Commission seat who received the most votes in the general election, The ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each Commission seat, with a maximum of one vote per candidate, The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidates for each Commission seat receiving the most votes shall be duly elected to that Commission seat. (d) (e) (f) Special Elections, Special elections, when required, shall be scheduled by the Commission at such times and in such manner as shall be consistent with the Charter. (g) Single Candidates, No election for Mayor or any Commission seat shall be required in any election if there is only one duly qualified candidate for Mayor or for any Commission seat That candidate shall be considered elected automatically, Absentee Votes, Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law, (h) (i) Commencement of Terms, The term of office of any elected official will commence on the 30th day following the day of the general or run-off election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following, at 12 o'clock noon ("commencement term"), and will end at midnight of the day before the commencement term, ~ 26-14. Election and Terms 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 in Article 5 of the Charter. The four year term length for each Commissioner and the Mayor which is provided for in Section 2.3(a) of the Charter shall be extended as necessary to Page 2 of7 (b) accomplish the election date revision made pursuant to Section 5.1 (c) of the 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, Residential Boundary Areas, The City shall be divided into four (4) residential areas, The Northern Residential Area shall be called Seat L 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, 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 in the 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", (c) Description of Seat areas, Seat 1 encompasses the northern residential area of the City and shall consist of all addresses north of 178th Street to the northern corporate City limits, Seat 2 encompasses the central residential area of the City and shall consist of all addresses south of 178th and north of the center line of 172nd Street Seat 3 encompasses the southern residential area of the City and shall consist of all addresses south of Sunny Isles Boulevard (SR 826) to the southern corporate City limits, Seat 4 encompasses the mid-south residential area of the City and shall consist of all addresses from the south side of 172nd Street south to and including Sunny Isles Boulevard (SR 826), A diagram of the redrawn residential boundary areas, showing the addresses within each Seat, is attached hereto as Exhibit "A", (d) Revision of Residential Boundary areas, 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 the public immediately upon the adoption of the Ordinance. The boundaries of each residential area shall be established by Ordinance based on population, Said Ordinance is required to be adopted by a super-majority vote or 4-1 vote of the City Commission, Limitations on Len~hs 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, (e) Pagd of 7 ~ 26-15. Qualifications. Candidates for Commissioner or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the City at such time and in such manner as may be prescribed by ordinance and payment to the City Clerk of the sum of One Hundred Dollars ($100,00) as a qualifying fee. A person may not be a candidate for Commission and Mayor in the same election, Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing (and in the respective Residential Area from which the candidate may seek to qualify for election) shall be eligible to hold the Office of Commissioner, including Mayor. ~ 26-16 lS. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies, The office of a Commissioner (including the Mayor) shall become vacant upon his/her death, resignation, disability which in this case shall mean incapacity to perform the duties of office, suspension or removal from office in any manner authorized by law, or by forfeiture of his/her office, (b) Forfeiture of Office, i) Forfeiture by disqualification, A Commissioner shall forfeit his/her office if at any time during his/her term s/he (1) ceases to maintain his/her permanent residence in the City, (2) in the case of a Residential Area Commissioner, upon his/her ceasing to reside in his/her respective Residential Area, or (3) otherwise ceases to be a qualified elector of the City, ii) Forfeiture by absence, A Commissioner shall be subject to forfeiture of his/her office, in the discretion of the remaining Commissioners, if s/he is absent with good cause from any six regular meetings of the Commission during any calendar year (provided such meetings do not occur in less than a three-month period), or if s/he is absent without good cause from any four, or three as to the Mayor, consecutive regular meetings of the Commission, whether or not during the same calendar year. iii) Procedures, The Commission shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Commissioner's office, including whether or not good cause for absence has been or may be established, The burden of establishing good cause shall be on the Commissioner in question; provided, however, that any Commissioner may at any time during any duly held meeting move to establish good cause for the absence of him/herself or the absence of any other Commissioner, from any past, present or future meeting(s), which motion, if carried, shall be conclusive, A Commissioner whose qualifications are in question, or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters, The Commissioner in question shall be entitled to a public hearing(s) on request regarding an alleged forfeiture of office, If a public hearing is requested, notice thereof shall be published in one Page 4 of 7 or more newspapers of general circulation in the City at least one week in advance of the hearing, Any final determination by the Commission that a Commissioner has forfeited his/her office shall be made by resolution, All votes and other acts of the Commissioner in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture, (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. If more 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. If more than six months remain in the unexpired term of a Commissioner, 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 ofthe 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, iii) A vacancy in any Residential Area seat shall be filled by a qualified person residing in the respective Residential Area, iv) Persons filling vacancies shall meet the qualifications specified in Section 2.5 of the Charter. v) If no candidate for a vacancy meets the qualifications under Article 2 of the Charter for that vacancy, the Commission shall appoint a person qualified under Article 2 of the Charter to fill the vacancy, who shall serve until the next regularly scheduled election for the balance of the original term, but only after a public hearing and in addition to regular notice requirements, if such vacancy applies to a Page 5 of7 specific Residential Area, after 10 days mailed notice is given to all electors of that particular Residential Area. vi) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Commission is reduced to less than a quorum, the remaining members may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under subsection (c) of Section 2,5 of the Charter. vii) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days or more than 60 days after such appointment Such election shall be held in the same manner as the first elections under the Charter; provided, however, that if there are less than six months remaining in any of the unexpired terms, such interim Commission appointee(s) by the Governor shall serve out the unexpired terms, Appointees must meet all requirements for candidates provided for in Article 2 of the Charter. Section 3. 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, clause, 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, Section 4. Inclusion in the Code. It is the intention of the Commission, 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; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required, Section 5, Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed, Section 6, Effective Date, This Ordinance shall be effective ten (10) days after adoption on second reading, except the provisions relating to the boundaries of the Residential Areas will not take effect until the 2010 municipal election, PASSED and ADOPTED on first reading the Iq~ day of r::=;.bw~2009, PASSED and ADOPTED on second reading the ~ day of rv\ AR.~\-\ 2009, ! orman S. Edelcup; Mayor Page 6 of7 / . . (" ~ ,. ~ATT~~T:' '. . I -,,' ~iA~ .. -., Jane A. Hines, CMC, City Clerk - \, t" i . I ., " or " ...../ ... . . I - <t .,.- .. ...J APPROVED AS TO FORM AND L AL SUFFICIENCY: Moved by: VIC cc.. M~o~1HA1...~ Seconded by: G.oW\YY\A.~~\()",)~ C..-.oo\\h\h\1\l Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) V(Y es) V (Yes) V (Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) Page 7 of7 City of Sunny Isles Beach Voting Districts Residents of the City of Sunny Isles Beach elect a mayor and four commissioners (seats 1 - 4) to serve on the City Commission, The city is divided into four residential areas with one commissioner per area filling commission seats 1,2,3, & 4. Candidates for mayor can reside anywhere in the city, Seat 1 encompasses the northem residential area of the city, which consists of all addresses north of 178 St to the northern corporate City limits, Seat 2 encompasses the central residential area of the city, which consists of all addresses south of 178 St, to the north of the center line of 172 SI. Seat 3 encompasses the southern residential area of the city, which consists of all addresses south of Sunny Isles Blvd. (SR 826) to the southern corporate City limits. Seat 4 encompasses the mid-south residential area of the city, which consists of all addresses from the south side of 172 SI. south to & including Sunny Isles Blvd, (SR 826), City residents vote for mayor and all four commissioners to four-year terms, Each year, members of the City Commission elect one of the commissioners to serve as vice mayor for the coming year. .. Northern Residential Area - Seat 1 .. Central Residential Area - Seat 2 CJ Southern Residential Area - Seat 3 CJ Mid-South Residential Area - Seat 4 N w-<?- E s o 0,5 Miles 0,25 Date: 02-05-2009 Map:AD009 ~ CITY OF SUNNY ISLES BEACH /&u/;:S ni!Iertl Named # I r/avel Destinatian;n the US by r,;pAdviso, 2008 www.sibfl.net u ~ CIl 'tl lJl ca (fl C w M ...I C') !!l ~ ~ ~ Z Z ::;, ::::l C (fl CIl U. ~ 0 (fl ~ c:: lJl 13 z iJi c: 0 t:! iJi ell 0> i:: E Q; ca ,2 III D.. Z III c: a. c: t ,2 '5 ell u ,!!! > III U 'tl ell ell <l: CfJ Cl .... .... 0 0 co co 10 10 V V II) 3: co co Il'i 0 0 oll C') C') ~ co co lJl Q; .0 E Q; ::;, iJi z .0 0. E c: ~ 0 ::;, t (; Z ell iJi 'tl III N '0 <l: -= en u e ~ - e w ~ . .... ~ i1 w ..c lc) .. ~ S ~ 8 .. Iii m ~ ~ a. ! ~ NEIGHBORS CALENDAR "CALENDAR, FROM 31 day; Doral Park. 5300 NW 102nd Ave., Doral: $35 a month, 305.888.7625, Monday Night Ballroom Dance: Dance lessons with OJ Victor: 7.9:30 p.m. Monday; St. Matthew's Episco- pal Church, 7410 Sunset Dr., South Miami; $2, 305-667.7715, Nursing Assistant Class: Course offered to residents of Miami-Dade. Broward and Monroe counties. Learn skills to work in hospitals and nursing homes; 9 a.m. to 2 p,m. Monday-Fri- day; Florida Educational Institute. 160 NW 1761h 51., Suite 202. Miami; free. 305.751-0001 or startfei.com/. Museum of Contemporary Art (MOCA): 770 NE 12Sth 51. Joan Leh- man Building, North Miami. 305.893.6211. exl. 25 or mocanomi.org: . After-School Studio Drawing Classes: Offered every Friday for teens ages 13.18. Includes the study of drawing styles of renowned artists using a variety of media. All art materials provided: 4.6:30 p.m. Fri- day; free. . Junior Docents: After-school pro- gram for teens in which they learn about contemporary art, develop writing, public speaking and graphic design skills, assist at special events, give tours ilnd produce MOCA'zine, the museum's acclaimed arts journal written by and for teens; 4:30-6 p.m. Wednesday: free. Music for Youth: learn guitar, piano, percussion, vocals, flute, oboe, clari- net, bassoon, horn, trumpet. trom- bone, tuba, saxophone, violin, viola, cello and bass. For ages 6-12: 3:45- 5:15 p.m. Monday and Wednesday; SoBe Music Institute. 2100 Washing- ton Ave., Miami Beach; $475-$950 per 17-week semester, 305-674-9220 or www.mystery parkarts.org. Orchid Camp: Includes a series of two-hour classes on the care and feeding of orchids and how to use blooming orchids in floral arrange- ments and prepare orchids for exhi- bition at shows; 1.3 p.m. Sunday; R.F. Orchids, 28100 SW 182nd Ave., Homestead; $15, 305.24S.4S70 or info@rforchids.com. Parents WIthout Partners: Activities tor single parent families including dances on Saturday nights and classes: 12256 SW 128th St.. Miami; $10 donation for nonmembers. 305.251.2819, Penny Sugarman Sans Soud Tennis Center: 1795 Sans SoUC! Blvd., North Miami. 305.893.7130: . Advanced Junior Drill: Advanced drill lessons for children who want to be prepared for tournaments; 5.6:30 p.m. Tuesday and Thursday; $27- $240, . After School Tennis: Tennis les. sons for children 7-14 years; 4:30- 5:30 p.m. Monday-Friday: S27-$240. . City Morning Jr. Clinic: For chil. dren at beginning, advanced-begin- ning and intermediate level: 11:30 '0 ~ m .. . ~ ~ . E ~ .. l! o ~ m i > 't: m ... ~ ~ (; ~ .. ~ ~ o >- 'l! 1;; u '6 E m '" . a. ... ~ . m 1;; ... m ,; ~ o ... i! m :I: ~ i m .<: ... E ... (7)~ OK Oii Nil Ci)~ !:2Ji Mg o.g ~ aP -~ C'I:Ig C~ .. S::'ll 0:2 "_ f _a. C'I:I.!! ug -- -; :E~ :::JUJ a..~ "TURN TO CALENDAR, 36 CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Rorida, will hold a public hearing in the Sunny ~Ies Beach Government Center, DaYid P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach. Rorida, on Thursday, March 19, 2009, at 6:00 p,m" to consider final adoption of the following proposed Ordinance; AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE CITY CODE TO PRDVIDE FOR A NEW ARTICLE III TO INCORPORATE GENERAl B.ECTlON PROVISIONS; PROVIDING FOR INCORPORATION OF RECITALS; REPEALING ALL ORDINANCES IN CONFUCT; PROVIDING A SEVERABILIlY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE, Inquiries regarding this ~em 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 peffiOns are invited to appear at this meeting or be represented by an agen~ or to express their views In writing addressed to the City Commission rio the City Cieri<, City of SuMY I~es Beach, 18070 Collins Avenue. Sunny Isles Beach. RorIda. 33160. MY person wishing to address the City Commission at a publiC hearing is asked to ~~~~= ~~ ~~~~onbyi:P~~~l~ :~i~=~;J~~ l;;O~~et%,g ~~ under such circumstances, additional legal Mtice would not be provided. II a peISOn decides to appeal any deoision made by the City Commission with respect to .':::l ::=~~~~~~:r;~~:~~i~~:a~~~~~J~=~~ is made, YAlich record includes the testimony and eYidence upon YAlich the appeal ~ to be based. This Mtice does not constiMe consent by the City for introduction or admission of otherwise inadmissille or inelevant evidence. nor does it authorize challenges or appeals not otherwise allowed by law, In accordance with the Americans with Oisabilities Act, all peISOnS YAlo 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 for assistance, CENTER FOR ~ ENHANCEMENT' Using more than 35 different lasers and cosmetic devices, Dr. Nestor customizes individual lrealmenl plans patient by patient for beautiful results, and a more heahhy you. TIll.bnentllnclude: WNlCAl OERMATCl.OGY & SKIN CANCERS PHOTORf..lJVENAnON AND PHOTODYNAMIC THEAAPES THE FlU SPECTRUM OF AESTHETIC lASER TREATMENTS BOTax PERlANE, J.MDERM, RESTYlJ.NE, EVOI..ENC[ AND OTHER F1LllRS SMARTUPO 305,933,6716 www.scacce.com 2925 Aventura Blvd., SUite 205, Aventura, FL 33180 CITY OF SUNNY ISLES BEACH .' NOTICE OF PUBLIC HEARING '.'-;"- ~ 00 :I: U C< "" '" ,.: "" '" z iil 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, Aorida, on Thursday, March 19,2009, at 6:00 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. R8.ATlNG TO THE SEA TlJRTLES PROTECTION, TlJRTLE NESTING PROTECTION REGULATIONS; PROVIDING FOR PURPOSE AND 1NTENl; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED ACTIVITIES; PROVIDING FOR LIGHTING STANDARDS ON EXISTING AND NEW DEVELOPMENTS IN THE PUBLIC BEACH AREA IN THE MUR DISTRICT; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABIUTY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION: PROVIDING FOR AN EFFECTIVE DATE, 9 ffi :I: i: "" i: "' :%: .... t:' i ." z E 8 ti ~ :I: .~ 'f Inquiries regarding this item may be directed to the Ctty 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 pe~ons .. invited to _ppear _tthls mHIing 0( be represented by ... agent, or 10 oprns the.. VIews in wriling lIddressed to the CIty Con"mission clo the City o.k. City of Sunny Isles Beach. 18070 CoAlns Avenue, Soony Isles Beach, Florida, 33160. My ~ wishing 10 lIddre$S the CIly Commission at a public h.-lng Is uked to register with the City Clerk by complellng a public speake~' card prior 10 the lIem being heard. The hearlng all~ mane,. mllf be continued at !his meeting and under such c~taoc_, _ddilionallegaf notice WO\*1 not be ptOYkled. "a person decides 10 appeal any decision made by the City Commission with I'8spKt 10 any matter considered al such meeting, they will need _ ..::on:l of the pn'IC8edll1g$ and, for such purpose. m8'fnnd to _.... that a verbatim I8COrd of the proc:eedngs Is made, which recoro includes the testimony and IWIl:IeoaI upon which the appeal is to be based. This notice does not constitute consent by the City for inlroduction or .oo,1ssioo of otnefwis. inadmiSsible or irrelevant evidence. nor does It authoriZe chflllenges or appeals not otherwise allowed by law. n accordara with the Americans with Dlsabilities Ad, al persons who.... disabMld and who need special ..:commodatlons to plII'lIdpete In lhis meeling becaus_ of thai disability should contact the City MIIfl89&I' at 305-947-0606, no lat...lhan"8 hcxn prior to the proceedings: If hearing impaired, pleaselelephooe the TTY line at 305-792-1590 for assist~. > <l: THE AFFORDABLE WALK-IN BATH TUB Remember what is was like to relax; escape and unwind? Now you can relive the experience in the privacy of your own /lome, safely. indepe11del1t1y and comfortably, tuxor Walk-In Bathtubs areEleganl. Practical and AIfonjable. Featuring Hydrotherapy to relieve aches, pains and stress related to ailmenlS such as AtIhriUs. FIbroskis, High Blood Prllssure,l.u11b3g0, Poor CirWatiorl, Rheum8lisln, Scialica; Yaticosa Veins and mote. Repl;l<:eS your~ balhtub v.ith Ce.ti~ tmlallaliol1~ avaiable anjwheie in Florida. , buxorWalk,:,lh Battl,of Florida Call1.flOO.149-6769 for a No-ObUgatlon In-Home estimate , or a Free Brochure ' , , www.tux0rb8th,ct)m TO: VIA: FROM: DATE: RE: 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 Rick Conner, Acting City Manager Hans Ottinot, City Attorney Jane A, Hines, City Clerk MEMORANDUM The Honorable City Commission Rick Conner, Acting City Manager Jane A. Hines, CMC, City Clerk ~ Ix ~ March 19, 2009 Ordinance Amending Chapter 26 of the City Code to Provide for a New Article III to Incorporate General Election Provisions RECOMMENDATION: It is requested that the City Commission adopt the proposed Ordinance amending Chapter 26 of the City Code to provide for a new Article III to incorporate General Election Provisions, REASONS: A Special Election was held on November 4, 2008, and in accordance with the majority vote and official election results, the City Charter was amended, The City is required to hold elections for the offices of Mayor and City Commission in a certain manner. It is now necessary to incorporate general election procedures into Chapter 26 of the City Code to create a comprehensive Election Code, The attached proposed Ordinance was amended since First Reading as follows: . Sub-Section 26-15 "Qualifications" was inserted; and . Section 6, Effective Date was amended by adding "except the provisions relating to the boundaries of the Residential Areas will not take effect until the 2010 municipal election. " Also attached is Exhibit "A", a map indicating the new Residential Areas, Funding available: Approval: Agenda ItL'IU No" 9 3-19- 09 Finance Department Commission Meeting Date: