2012-16 ORDINANCE NO.2012-16
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
CREATING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY
BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE OF THE CITY OF
AVENTURA, FLORIDA ; ESTABLISHING ADVISORY BOARD AND
PROVIDING FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City Commission desires to create an advisory board to assist the City in facilitating the
placement of works of art at City owned and/or operated parks, buildings and facilities.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA,FLORIDA,AS FOLLOWS:
Section 1. City Code Amended . That Division 6"Art in Public Places Advisory Board"of Article 3 "
Advisory Boards"of Chapter 2 "Administration"of the City Code, is hereby created,to read,as follows:
DIVISION 6.-ARTS IN PUBLIC PLACES ADVISORY BOARD
Sec.2-201.-Creation,composition and qualifications.
A. There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the
"Board") consisting of five (5) members, including the Mayor, City Manager, who shall both serve by virtue of
their office, and three(3)residents of the City who shall be appointed by the Mayor, subject to the approval of the
City Commission. The resident members of the Board shall be appointed in accordance with procedures
established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve
on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to
Board service. The resident members shall serve for a two-year term and may be reappointed in accordance with
the process outlined herein.
B. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to
fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject
to approval of the City Commission in accordance with procedures established herein.
C. In the event that a member of the Board shall be absent and unexcused from a duly-called meeting of the
Board for three consecutive meetings, then, in that event, such member shall automatically be removed as a
member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or
letter prior to the Board meeting.
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D. The City Manager or his designee shall provide or designate necessary staff support for the Board.
Sec.2-202.—Process of Appointment of Board Members.
A. Individuals wishing to be a member of the Board shall make application to the City Manager on the forms
provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor.
The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager,
subject to the approval of the City Commission.
B. In recommending members of the Board,the following guidelines shall be considered:
(i) The resident membership of the Board should consist of persons who have demonstrated a strong
commitment to arts, including painting,photography, sculpture and other art forms.
(ii) Reasonable efforts should be made for the membership of the Board to be representative of a range of
comprehensive adult age groups.
Sec.2-203.-Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Mayor and City
Commission. The City Manager, by virtue of his office as City Manager, shall be responsible for
communicating to the City Commission the actions of the Board.
Sec.2-204.-Rules of procedure; quorum.
A. The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the
State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure
for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B. The Mayor shall serve as the Chairperson and the City Manager shall serve as the Vice-Chairperson.
C. Three (3) members shall constitute a quorum for the transaction of business of the Board. Official action
shall be taken by the Board only upon the concurring vote of a majority of the members present at an official
meeting of the Board, except that at least three(3)affirmative votes shall be required for official action.
Sec.2-205.-Mission;jurisdiction and duties.
A. The mission of the Board is to assist the City in identifying, selecting and obtaining works of art for display in
City owned and/ or operated parks, buildings and facilities, in order to further enhance the diverse array of
cultural and educational opportunities which are available within the City. The Board shall develop proposed
protocols and guidelines for achieving that mission, subject to approval by the City Commission. Further,the final
decision on the acceptance, placement and display of specific works of art at City owned and/or operated parks,
buildings and facilities shall be subject to the approval of the City Commission.
B. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and
Mayor,who shall confer as to the presentation of the recommendation of the Board to the City Commission.
C. The Board shall meet monthly as needed as determined by the City Manager.
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Sec.2-206.-Standards of conduct for members.
All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees, as set
by Federal, State, County, City or other applicable law pursuant to City Charter Section 7.03 and must file the
appropriate financial disclosure forms.
Section 2. Severability. 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 3. 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
Aventura,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 4. Effective Date. That this Ordinance shall be effective immediately upon adoption on
second reading.
The foregoing Ordinance was offered by Commissioner Diamond,who moved its adoption on first reading.This motion was
seconded by Commissioner Weinberg.and upon being put to a vote,the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg absent
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Diamond who moved its adoption on second reading.This motion was
seconded by Commissioner Joel and upon being put to a vote,the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
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PASSED AND ADOPTED on first reading this 4t day of September,2012.
PASSED AND ADOPTED on second reading this 2nd day of October,2012.
/r,
S
ottliet4tor
ATTEST:
esa M. So oka, \iI
Clerk
Approved as to Form and Legal Sufficiency:
" 11/11 LIZCI
City Attorney
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