04-22-2004 Workshop
-It
City Commission
Workshop Meeting
19200WestCountrvCluh!)r;ve AventuraFL
April 22, 2004
10:00 AM.
1.
2.
3.
4.
5.
AGENDA
Proposed Ethic Provisions*
Community Relations Board*
Naming of Park after former Mayor Snyder
(Commissioner Beskin)
Sale of 21301 Biscayne Blvd Property
Adjournment
* Back-up Information Exists
Future Workshop agenda Items
Capital improvement Program 2004-2009
Aventura Chamber of Commerce
Quiet Zone
Next Meeting date: May 20, 2004
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact the
Office of the City Clerk, 305-466-890 I, not later than two days prior to such proceeding.
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING
SECTION 2-394 "PENALTY", TO ENUMERATE
ADDITIONAL SECTIONS OF THIS ARTICLE VII AS
BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI-DADE COUNTY ETHICS COMMISSION
FOR ENFORCEMENT; AMENDING SECTION 2-395
"DISCLOSURE OF BUSINESS RELATIONSHIPS AND
GIFTS" BY CLARIFYING THE METHOD OF
DISCLOSURE AND EXTENDING THE TIME PERIOD
FOR WHICH NEW BUSINESS RELATIONSHIPS
MUST BE DISCLOSED BY CITY COMMISSIONERS
AND CITY ADVISORY BOARD MEMBERS;
CREATING SECTION 2-396 "FURTHER ETHICS
STANDARDS; PROHIBITIONS AND
RESTRICTIONS", TO PROVIDE FOR THE
ENACTMENT OF ADDITIONAL PROHIBITIONS
AND RESTRICTIONS AND ETHICS STANDARDS
BEYOND THOSE CURRENTLY PROVIDED BY
APPLICABLE STATE, COUNTY AND CITY ETHICS
PROVISIONS, INCLUDING PROVISIONS
CONCERNING THE PROHIBITION OF CERTAIN
APPEARANCES, WORK OR PAYMENT,
CONTINUED RESTRICTIONS AFTER
COMPLETION OF CITY SERVICE; FURTHER
RESTRICTIONS ON TRANSACTIONS; PROVIDING
FOR SUCH PROHIBITIONS AND RESTRICTIONS
TO ALSO BE APPLICABLE TO FIRMS, BUSINESS
ENTITIES AND BUSINESS ASSOCIATES OF CITY
COMMISSION MEMBERS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE STRICTER
ETHICS PROVISIONS TO PREVAIL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura desires to further strengthen
and enhance the ethics standards which are applicable to all elected officers of the City of
Aventura, beyond those standards currently provided by existing City Code provisions, Miami-
Dade County ethics code provisions, State of Florida ethics code provisions, and applicable
provisions of federal law; and
WHEREAS, the City Commission finds that the enactment of the additional ethics
standards which are provided for in this ordinance shall further the continued integrity and
excellence of government provided by the City of A ventura; and
WHEREAS, the City Commission finds that the enactment of this ordinance will further
promote the establishment and adherence to the highest ethics standards and will thereby
facilitate continued confidence of the citizenry in the govemment of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:1
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. Citv Code Amended. That Article VII "Code of Ethics" of Chapter
2 "Administration" of the City Code of the City of Aventura is hereby amended by
amending Section 2-392 "Code of Ethics Generally", Section 2-394 "Penalty," and by
amending Section 2-395 "Disclosure of Business Relationships and Gifts" at paragraph
(c) "Restrictions" by amending subparagraphs (1) and (3) of said paragraph, and by
creating a new section, Section 2-396 "Further Ethics Standards; Prohibitions and
Restrictions," to read as follows:
Section 2-391.
Lelrislative intent.
(a)
It is essential to the proper conduct and operation of government that
public officials be independent and impartial and that public office not be
used for private gain other than the remuneration provided by law. The
II Proposed additions to existing City Code text are indicated by underline; proposed deletions ITom
existing City Code text are indicated by Glrikethrough; presently existing text is indicated by the absence of
any underlining or GlrikeIhrÐ\lghs.
2
(b)
public interest, therefore, requires that the law protect against any conflict
of interest and establish standards for the conduct of elected officials and
government employees in situations where conflicts may exist.
It is the policy ofthe City that no officer or employee ofthe City, shall
have any interest, financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any obligation of any
nature which is in substantial conflict with the proper discharge of his or
her duties in the public interest. To implement this policy and strengthen
the faith and confidence of the City's residents in their government, the
City will enact a Code of Ethics setting forth standards of conduct required
of the City's public officers and employees, in the performance of their
official duties. It is the intent of the City that this code shall serve as a
guide for the official conduct of the public officers and employees ofthe
City.
Section 2-392.
Code of Ethics I!enerallv.
The conduct of the public officers and employees of the City shall be governed by
the Code of Ethics of the City which shall include:
(1)
(2)
(3)
The state "Code of Ethics for Public Officers and Employees", codified in
F.S. Chapter 112, as may be amended from time to time, and
The "Miami-Dade County Conflict of Interest and Code of Ethics
Ordinance," codified at Section 2-11.1 et. seq., Miami-Dade County Code,
as may be amended from time to time, and
Any provisions that the City Commission may adopt from time to time in
addition to those set forth in subsections (1) and (2) above.
Section 2-393.
Additional conflict of interest restriction concerninl!
advisory board members
(a) No member of any City Advisory Board shall vote on or participate in any
way in any matter presented to the Board if said person is an officer, board member, or
director of an organization which would be or might be indirectly or directly affected by
any action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(b) Any Board Member who has any of the above relationships or who would
or might, directly or indirectly, profit or be enhanced by the action of the Board shall
absent himself or herself from the Board meeting during the discussion of the subject
item and shall not vote on or participate in any way in said matter.
3
(c) Whenever any Board Member is in doubt as to the interpretation or
application of this section to his/her particular situation, the Board member may submit to
the City Attorney a written request for an opinion. The City Attorney shall review the
facts of the particular matter and shall provide an opinion to the Board Member.
(d) For purposes of this section, the term "Advisory Board" shall refer to the
members of those City Advisory Boards whose primary responsibility is to provide
recommendations or advice to the City Commission.
(e) For purposes of this section, the term "organization" means a corporation
for profit or not-for-profit, and includes a political committee or committee of continuous
existence as defined in F.S. Chapter 106.
Section 2-394.
Penaltv.
The Ethics Commission created pursuant to Miami-Dade County
Ordinance 97-105 shall have primary jurisdiction for enforcement of Sections 2-
392, aad 2-393, and 2-396. A finding by the Ethics Commission that a person has
violated Sections 2-392,aad 2-393 and 2-396 shall subject said person to an
admonition or public reprimand and/or a fine of $250.00 for the first such
violation and $500.00 for each subsequent violation.
Section 2-395.
Disclosure of business relationships and lrifts.
(a)
Definitions.
(1) Applicant. As used herein, the term "applicant" means any individual
or entity requesting action of the City Commission or a City Advisory Board upon an
application and all persons or entities representing such individual or entity (including,
but not limited to, all attorneys, architects, landscape architects, engineers and lobbyists)
(the "representatives"), and any individual who holds directly or indirectly, a five percent
or more ownership interest in the total assets or capital stock of such applicant entity.
(2) Business relationship: As used herein the term "business relationship"
means that a member of the City Commission or a City Advisory Board has a business
relationship with a person or an entity if any of the following exist:
a. The member of the City Commission or City Advisory Board holds an
ownership interest, directly or indirectly, in excess of one percent of the total assets or
capital stock of the applicant, representative or interested person entity; or
b. The member of the City Commission or City Advisory Board is a partner,
co-shareholder (as to the shares of a corporation which are not listed on any national or
regional stock exchange) or joint venturer with the applicant, representative or interested
person in any business venture;
4
c. The application, representative or interested person is a client of the
member of the City Commission or City Advisory Board, or a client of another
professional working from the same office or for the same employer as the member of the
City Commission or City Advisory Board;
d. The member of the City Commission or City Advisory Board is a client of
the applicant, representative or interested person.
e. The applicant, representative or interested person is a customer of the
member of the City Commission or City Advisory Board (or of his/her employer) and
transacts more than $10,000.00 of the business of the member of the City Commission or
City Advisory Board (or of his/her employer) in a given calendar year; or
f. The member of the City Commission or City Advisory Board is a
customer of the applicant, representative or interested person and transacts more than
$25,000.00 of the business of the applicant, representative or interested person in a given
calendar year.
(3) Client. As used herein, the term "client" means a person or entity who
obtains the services of another for compensation.
(4) Customer. As used herein the term "customer" means a person or entity
who purchases or leases materials, equipment or property from another.
(5) Gift. As used herein, the term "gift" means any gift required to be
reported by quarterly disclosure pursuant to F.S. § 112.3148, or Section 2-11.1(e) of the
Miami-Dade County Code.
(6) Interested person. As used herein, the term "interested person" means
any person who speaks for or against any resolution or ordinance before the City
Commission or for or against any matter before any City Advisory Board and who has a
direct financial interest in the action (including, but not limited to vendors, bidders and
proposers), except that owner occupied residential property owners shall not be deemed
to have a direct financial interest in land use decisions that may affect the value of their
property, and accordingly shall not be within the definition of the term "interested
person," as used herein.
(b)
Application of definitions.
(1) Notwithstanding the provisions of subsection (a)(2)a.-f. above, a
business relationship shall not be construed to exist hereunder by virtue of the
circumstance that a member of the City Commission or City Advisory Board executed or
authorized a contract with an applicant, representative or interested person solely in such
City Commission or City Advisory Board member's capacity as an officer or director of a
homeowner association, condominium association, cooperative association or master
association.
5
(2) For the purpose of applying the 24-month period restriction provided in
subsection(c)(l) below, a business relationship commences pursuant to subsection
(a)(2)c.-f. (client/customer) above, when materials, equipment, property or services are
ordered, sought, contracted for or obtained.
(3) For the purpose of applying the 24-month period restriction provided in
subsection (c)(1) below, a business relationship ends pursuant to subsection (a)(2)c.-f.
(client/customer) above:
a. Once the sale of materials, equipment or property is completed and
no payment remains due; or
b. Once the lease of materials, equipment or property expires or is
terminated and no payment remains due; or
c. Once the provision of services is fully performed and no payment
for services remains due.
(c)
Restrictions.
(1) Except as prohibited by law or regulatory standards, each member of the
City Commission or any City Advisory Board shall disclose bv public announcement or
written filing with the Citv Clerk the existence of any business relationship of which
he/she is aware that he/she has, or has had within the prior 24-month period, with any
applicant, representative or interested person, at the time that the applicant, representative
or interested person appears before the City Commission or City Advisory Board on
which the member sits.
(2) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board learns, or with the exercise of due
diligence, should have learned, at any time after an action is taken by the City
Commission or the City Advisory Board on which the member sits, that he/she had a
business relationship with any applicant, representative or interested person who
appeared before the City Commission or the City Advisory Board, he/she shall within ten
days of so leaming, disclose any such business relationship in writing to the City Clerk
that was not disclosed at the initial meeting.
(3) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board establishes a business relationship with
any applicant, representative or interested person within R 24 months after the applicant,
representative or interested person appears before the City Commission or the City
Advisory Board on which the member sits, the member of the City Commission or the
City Advisory Board shall disclose any such business relationship in writing to the City
Clerk within 15 days after the business relationship is established.
6
(4) F.S. § 286.012 prohibits a member of the City Commission or any City
Advisory Board from abstaining from voting unless there is, or appears to be, a possible
conflict of interest under F.S. §§ 112.311,112.313, and 112.3143. Accordingly, in any
situation where a member of the City Commission or a City Advisory Board discloses a
business relationship under this section, the member may abstain from voting, since such
disclosure shall qualify as constituting the appearance of a possible conflict of interest.
This paragraph shall not be construed to make abstention discretionary under situations in
which abstention or non-participation is mandated by F.S. § 112.3143, Section 2-11.1(d)
of the Miami-Dade County Code as adopted by City Code Section 2-392(2), or (as to
Advisory Board Members) as provided by City Code Section 2-393.
(5) Members of the City Commission or City Advisory Boards shall disclose
gifts from applicants, representatives and interested persons in the same manner as
provided for the disclosure of business relationships under subsection (c)( I H3) above.
(6) If any member of the City Commission or City Advisory Board believes
that another member of the same body has willfully failed to make a disclosure required
under this section, he/she may submit evidence supporting the alleged failure to disclose
to the City Manager who shall place the item on the next available City Commission
Agenda. The allegation and supporting evidence shall be presented by the member of the
City Commission or City Advisory Board who raised the issue for consideration by the
City Commission. The member of the City Commission or City Advisory Board against
whom the allegation is made may present evidence refuting the allegations. If four or
more members of the City Commission determine that an accused City Commissioner
has willfully failed to make a required disclosure, the accused City Commissioner shall
be deemed to be censured. If four or more members of the City Commission determine
that an accused member of a City Advisory Board has willfully failed to make a required
disclosure, the accused Advisory Board Member shall be removed from the Advisory
Board.
Section 2-396 - Further Ethics Standards; Prohibitions and Restrictions
illl
Certain appearances. work or payment prohibited.
Pursuant to Section 2-11.l(m) of the Miami-Dade Countv Code and as further
specified herein:
ill
No member of the Citv Commission shall appear before anv Citv
department, board or agencv and make a presentation on behalf of a third person
with respect to anv application, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought bv the third person.
7
£ill
No member of the Citv Commission shall contact or direct another person
to contact for the Commission member, the City Manager or any department
personnel concerning the status of any pending application or matter on behalf of
anv third person who has retained or employed the Commission member or who
has retained or emploved the firm or business entitv in which the Commission
member has an emplovment, contractual or financial interest.
iliil
No member of the Citv Commission shall receive compensation, directlv
or indirectlv or in anv form, for services rendered to a third person, who has
applied for or is seeking some benefit from the City or from a Citv department
board or agencv, in connection with the particular benefit sought bv the third
person. Further, no member of the City Commission shall receive anv portion of
or share anv fee with anV other person in connection with anv such matter.
ful
No member of the Citv Commission shall appear in anv court or before
anv administrative tribunal as counselor legal advisor to a party who seeks legal
relief from the Citv or from a Citv department board or agencv through the
litigation or proceeding in question.
(Ql
Continued Restrictions after Citv Service.
Pursuant to Section 2-11.1(q) of the Miami-Dade Countv Code and as
further specified herein, no member of the City Commission shall, for a period of
two (2) vears after his or her City service has ceased, lobbv the Citv Commission
or anv City Officer, department personnel or emplovee in connection with any
quasi iudicial. judicial or other proceeding, application, purchasing RFP, RFO or
Bid, request for ruling, or other determination, contract. claim, controversv,
8
chariœ. accusation. municipal ordinance violation. arrest or other particular
subject matter in which the City or one of Citv's agencies, boards or
instrumentalities is a partv or has anv interest whether direct or indirect.
However. nothing contained in this paragraph (b) shall prohibit anv individual
included within the provisions of this paragraph (b) from submitting a routine
administrative request or application to a Citv department or agency during the
two (2) vears after his or her Citv service has ceased.
The term "routine
administrative request or application", as used herein, means an application for a
building permit. occupational license. regular citv recreation facilitv or park
public use permit request. under those circumstances where no variance, waiver
or special privilege is requested.
ill
Further Restriction on Transactions.
ill
In the event that during the term of office of a member of the Citv
Commission. the City Commission grants an application (the "Citv Approval")
for a rezoning. variance, conditional use. or zoning code or comprehensive plan
amendment. upon the application of a person or entity (the "Zoning Applicant").
no person then serving as a member of the Citv Commission at the time of the
Citv Approval shall then or while thereafter serving as a member of the Citv
Commission and for a period of two vears after completion of Citv service,
perform any services for or directlv or indirectlv accept anv financial
remuneration. anv financial interest in or anv special private gain from the
applicant or from any successor or assignee of the applicant, as a result of such
9
Citv Approval or as a result of or in relation to anv development which is enabled
to occur as a direct consequence of such City Approval.
@
This paragraph (c) shall not preclude the provision of services or the sale
or lease of goods bv a member of the Citv Commission to persons who
subsequentlv, independentlv enter into a transaction with the developer. owner or
operator of the propertv developed as a result of the Citv Approval solelv bv such
person's purchasing or obtaining a lease for a unit in a building which was
enabled to be built or redeveloped as a result of a Citv Approval.
ûill
The prohibitions of this paragraph (c) may be waived for a specific
transaction bv Resolution of the Citv Commission which is adopted following a
public hearing bv a five-seventh (5/7) (five member affirmative vote) of the Citv
Commission, if not contrary to other applicable ethics provisions. upon a finding
that:
ill
The proposed transaction is consistent with the purposes of Article
VII of Chapter 2 of the City Code; and
ill
The transaction will not create or tend to create even the
appearance of any impropriety.
@
Applicabilitv to Firms. Business Entities. Business Associates.
The
restrictions and prohibitions which are imposed bv paragraphs (a), (b) and (c) of this
section upon anv person, bv virtue of that person's service (or former service) as a
member of the Citv Commission. shall also be applicable to anv firm or business entitv
in which such member of the Citv Commission has an emplovment. independent
contractor or material interest and to any business associate of such member of the Citv
10
Commission. The terms "material interest" and "business associate" have the meaning
indicated bv Section 112.312. Florida Statutes.
W-
Definitions.
Except as otherwise indicated herein or required bv the
context used herein. the terms utilized herein which are defined in Section 112.312.
Florida Statutes. or in Section 2-11.1 of the Miami-Dade Countv Code. shall have the
meanings provided in such state statute and countv code provisions.
ill
Stricter provisions prevail. Nothing in this section shall be construed to
impair or diminish anv stricter ethical standards which are provided bv Section 112.313.
et. seq. of the Florida Statutes. Section 2-11.1 of the Miami-Dade Countv Code or bv the
provisions of the Charter and Ordinances of the Citv or bv anv applicable federal law.
Section 3. Severabilitv. That 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.
Section 4.
Inclusion in the Code.
That it is the intention of the City
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 A ventura; 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.
Section 5. Effective Date. That upon adoption on second reading this Ordinance
shall be effective immediately and shall be applied prospectively only.
11
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Robert Diamond
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Robert Diamond
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this ~ day of~, 2004.
PASSED AND ADOPTED on second reading this_day of ~, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
12
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, City Manager
~f Police
TO:
DATE:
April 14, 2004
SUBJECT:
Miami Dade County Community Relations Board
For the past 2 yea~s I have been attending the Miami-Dade County Community
Relations Board subcommittee called, the Police Community Relations Task Force. I
have been doing so as the representative from the Dade County Association of Chiefs
of Police. The Task Force's primary focus is to ease tensions between the community
and local law enforcement over issues of Use of Force, Police Involved Shootings,
Police Complaint Procedures, Internal Affairs, Investigative Procedures, Media
Relations and others.
My role on this committee has been to bring issues back to the Dade Chiefs or bring
specific law enforcement agencies together to recommend procedures that would foster
positive community relations. Some of the Task Force accomplishments are:
. Adopted a county wide Fleeing Felon/Use of Deadly Force Policy. Currently,
97% of the police officers in Miami-Dade County operate under this model policy.
. Standardized police involved shooting investigations with the State Attorney's
Office. Seven agencies and the SAO now operate under a common
memorandum of understanding.
. Revised policy allowing complainants to have third-party representation when
making statements to Internal Affairs.
. Revised policy on the release of information at the scene of police involved
shootings. Members of CRB are now routinely briefed as crime scenes.
. Created guidelines for civilians on police involved shootings. Concerned parties
now have guidelines to show the different stages an investigation. Time tables
are spelled out so the community knows when to expect the release of
information on major cases.
There have been discussions about continuing this work on a regional basis. I
recommended to Mr. Jorge Mursuli, the Task Force Chairman, that it might be
beneficial to have a Task Force in the north end and a Task Force in the south end of
Miami Dade County. Recently, there have been a number of police involved shootings
in the NE area. North Miami Beach has had two in the last six months. In July 2003,
one of our officers shot an armed robbery subject after a high speed chase. Since
these events can occur in any community I felt it might be beneficial for the CRB to
establish regional Task Forces.
I have never advocated a Municipal or Local Community Relations Board. I do think it
would be beneficial for Miami Dade County to have its existing Community Relations
Board establish a "Police Community Relations Task Force" for North Dade and a
"Police Community Relations Task Force" for South Dade.
Page I of2
Eric M. Soroka
From:
Thomas Ribel [ribelt@aventurapolice.com]
Sent: Friday, April 09, 2004 11 :50 AM
To: 'Eric M. Soroka'
Subject: FW: Miami-Dade County CRB
This was the first I heard of the regional CRB when she sent me this e-mail
TOM
-----Original Message-----
From: SOSPOWELL@aol.com [mailto;SOSPOWELL@aol.com]
Sent: Thursday, March 25, 2004 12:33 PM
To: ribelt@aventurapolice.com
Cc: LCAPP@miamidade.gov; PFreyre@akerman.com
Subject: Miami-Dade County CRB
Good Afternoon,
I hope you're enjoying your vacation!
This morning, Dr. Larry Capp & I made a brief presentation @ Aventura's workshop mtg.
The focus: creating a NE Regional CRB. (I credited you wi the initial concept of a regional CRB &
acknowledged the wonderful contributions you've made to our Police-Community Task Force Committee.)
To date: We have the support & commitment of the Mayors of Aventura, Sunny Isles, N. Miami Beach & Golden
Beach. (Unincorporated area - Highland Oaks is next to approach.)
The consensus:
1. Obtain positive feedback from you before acceptin9 the proposal
2. Vote on the issue @ April's workshop mtg.
Please let me know if you're able to join us @ April's workshop.
Feel free to call either Larry or me at any time & we thank you for your support,
Nllv..c!:j
Nllv..c!:j powell
Miami-Dade County Community Relations Board
CRB, No Place For Hate Chairperson
305-937-4602
305-801-8181 (cell)
sospowell@aol.com
4/9/2004
RESOLUTION NO. 2000-39
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING
GUIDELINES FOR NAMING OF PUBLIC FACILITIES;
PROVIDING DEFINITIONS; PROVIDING GUIDELINES
FOR ACCEPTANCE OF MONETARY DONATIONS IN
CONSIDERATION FOR THE NAMING OF PUBLIC
FACILITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has received requests
for the acceptance of monetary donations for memorial purposes and naming of public
facilities within the City of Aventura; and
WHEREAS, this Commission desires to set forth guidelines for naming of public
facilities and for the acceptance of monetary donations in consideration for said naming
of public facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
No public facility located in or owned by the City shall be named
except in accordance with the procedures set forth in this Resolution. No monument or
memorial shall be established within the City except in accordance with the procedures
set forth in this Resolution.
Section 2. Definitions. The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Commission means the City Commission of the City of Aventura.
Memorial means a site, art work, tree or structure created to preserve the memory of a
significant event(s) or person(s).
Resolution No. 2000-39
Page 2
Monument means a bust, sculpture, or similar structure, erected in honor of a
significant event(s) or person(s).
Plaza means an open public square.
Public facility means any public building, plaza or park owned by the City.
Section 3. Review and Recommendation. Whenever a name is needed for a
new public facility or whenever there is a proposal to rename an existing public facility
within or owned by the City, the naming or renaming shall first be considered and
reviewed by the Commission according to the following procedures:
(1 )
Any person, organization, association, corporation or other entity,
including a member of the City Commission or the administration of
the City, may propose a name for a new public facility or street, or
may propose renaming an existing public facility, at any time, by
submitting a proposed name to the Commission.
(2)
At the next available meeting, the Commission shall consider and
review proposals for the naming or renaming of the public facility.
Notice of the meeting shall be given to all persons who have
proposed names for the public facility.
(3)
Public streets shall not be renamed after individuals and public
facilities shall not be named or renamed after living individuals.
Section 4.
Monuments or memorials. Whenever there is a proposal to
establish a monument or memorial on public property in the City, the establishment
shall first be considered and reviewed by the Commission according to the following
procedures:
Resolution No. 2000-39
Page 3
(1)
Any person, organization, association, corporation or other entity,
including a member of the City Commission or the administration of
the City, may propose the establishment of a monument or
memorial at any time by submitting a proposal to the office of the
City Manager.
(2)
At the next available meeting, the Commission shall conduct a
public hearing to consider and review proposals for the
establishment of the monument or memorial. Notice of the meeting
shall be given to all persons who have proposed the establishment
of the monument or memorial.
(3)
The City Manager shall
recommend
park and/or facility
improvements that may be funded from monetary donations in
consideration of recognizing individuals to be memorialized.
(4)
At the close of the public hearing the City Commission may select a
name for or rename the subject public facility, plaza, monument or
memorial.
(5)
Any proposal must be approved by a five-sevenths vote of the City
Commission.
Section 5. Acceptance of monetary donations in consideration for the
naming or construction of public facilities.
Whenever there is a proposal to
rename an existing public facility owned by the City in consideration for monetary
donations, or construction of a new facility by utilizing monetary donations, the item
Resolution No. 2000-39
Page 4
shall first be considered and reviewed by the Commission according to the following
procedures:
(1 )
Any person, organization, association, corporation or other entity
may offer a monetary donation in excess of $25,000, in
consideration for renaming an existing public facility or for
constructing park improvements or facilities, at any time, by
submitting a proposal to the office of the City Manager
(2)
At the next available meeting, the Commission shall hold a public
hearing to consider and review proposals. Notice of the meeting
shall be given to all persons who have submitted proposals.
(3)
The City Manager shall recommend park facility improvements that
may be funded from monetary donations in consideration of
recognizing individuals to be memorialized.
(4)
Notwithstanding any other provision of this section, public facilities
shall not be named after a living individual. A public facility can be
named in honor of a family.
(5)
A public facility will not be named after an individual who has
committed an illegal act which became known to the City before or
after the donation.
(6)
Where a public facility is to be named, or the acceptance of money
for public improvements, the City Commission shall only approve
the request by a five-sevenths vote of the City Commission.
Resolution No. 2000-39
Page 5
Section 6.
This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who
moved
its
adoption.
The
motion was seconded
by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of June, 2000.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY