06-16-2005 Workshop
A~ City Commission
Workshop Meeting
. June 16, 2005
10 A.M.
1 Q200 We<t ro"o"" r1,," ¡mve AvenI""'. F1 Executive Conference Room
AGENDA
1. Ethics Code Revisions (Commissioner Diamond)*
Future Action Required: Ordinance
2. Ethics Code Revisions (Mayor Gottlieb)*
Future Action Required: Ordinance
3. Miami- Dade County State Attorney's Office
4. Request of Northeast -Dade Incorporation for Resolution
(Mayor Gottlieb)*
Future Action Required: Resolution
5. Founders Day Program (City Manager)*
6. Billboard - Biscayne Blvd and Ives Diary (Commissioner Joel)*
7. Charter Officers Review Process (Mayor Gottlieb)
8. Adjournment
* Back-up Information Exists
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, 305-466-8901, not later than two days prior to such proceeding.
Jun 10 05 02:58p
PROPOSED EnnCS CHANGES - REVISED ROUGH DRAFT
COMMISSIONER BOB DIAMOND 061005
J . No candidate for political office in A ventura, individually or through any other
persons, including intennediaries, shall solicit, and/or obtain, a political con1rib
contribution in support or aid of a candidate's election, from any entity wbjch
with the city, whether through the bidding process or otherwise. Same shalJ incl
which have contracts with the city including those who put oul to bid.
2. The City of Aventura shall be prohibited from awarding any contract, to any bu
that has contributed any campaign funds, directly or indírectJy, to the election
elected official, during the time that said elected official shall be in office.
(The purpose of the foregoing two items is to make certain that the city is recei
responsible bid and/or serving the city at the lowest price without adding addíti
help maintain public confidence in officials and city affairs, elinùnate coercion
pressure upon vendors and professional representatives to believe that they are
support a candidate or candidates in order to do business or to represent the city
------- ---- -- --- ------- - ----------- --- --.
p.l
3. With the exception of a residential condominium unit or similar residential dwe ing intended
for personaJ residence and not for re-saJe, a public officer, including elected 0 ials and
employees of the city, shall not make any personal investments in real estate de lopments in
which he or she may be directly involved in the final decision making as to dev opment
approval or which would otherwise conflict between his or her public duty and is or her
private interest, until the Certificate of Occupancy is issued. Once a Certificate f Occupancy is
issued, a public officer, including elected officials and employees of the City were directly
involved in the decision approval process of the real estate development, shaJJ barred from
investing in said real estate development during the original sale process (defin except only
for a residential unit intended for personal residence and not for resale and at a ice which
shall not represent a discount or pre-constIUction price. It shall also be a violati of this
section for an official officer to use a third party for such investment.
Aventura E1hics proposals 052305
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
',¡e M. Soroka, ICMA-C~:fity Ma"ge,
Susan Gottlieb, Mayor JfJ
June 2, 2005
Proposed Campaign Finance Reform
Please place the subject of Campaign Finance Reform on the June Workshop
Meeting Agenda.
Specifically, I am recommending that the City Commission adopt an Ordinance
that would prohibit the following:
2.
3.
4.
1.
Campaign contributions from City vendors.
Campaign contributions by lobbyists who work for the City.
Campaign contributions by real estate developers building in the
City.
Campaign contributions by lobbyists on real estate development
issues.
5.
Campaign contributions from members of the Aventura City
Commission.
In addition, individuals who worked in City owned or leased facilities should be
prohibited from working on the campaign staff of any member or candidate for
Aventura City Commission.
I have enclosed legislation from the City of Miami Beach that is similar to what is
suggested above.
SG/act
Attachment
CCO1361-05
m.
Duly noticed site visits to determine the competency of bidders regarding
a particular bid during the time period between the opening of bids and
the time the city manager makes his or her written recommendation;
Any emergency procurement of goods or services;
Communications regarding a particular RFP, RFQ or bid between any
person, and the procurement director, or his/her administrative staff
responsible for administering the procurement process for such RFP,
RFQ or bid, provided the communication is limited strictly to matters of
process or procedure already contained in the corresponding solicitation
document.
k.
(b)
The bidder, proposer, vendor, service provider, lobbyist, or consultant
shall file a copy of any written communications with the city clerk. The city
clerk shall make copies available to any person upon request.
Violations/penalties and procedures. A violation of this section by a particular bidder,
proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder,
proposer, vendor, service provider, lobbyist, or consultant to the same procedures set
forth in Division 5, entitled "Debarment of Contractors from City Work" shall render any
RFP award, RFQ award or bid award to said bidder, proposer, vendor, service provider,
bidder, lobbyist, or consultant voidable; and said bidder, proposer, vendor, service
provider, lobbyist, or consultant shall not be considered for any RFP, RFQ or bid for a
contract for the provision of goods or services for a period of one year. Any person who
violates a provision of this division shall be prohibited from serving on a city evaluation
and/or selection committee. In addition to any other penalty provided by law, violation of
any provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the city
attorney's office or state attorney's office, and/or may file a complaint with the county
ethics commission.
n.
The requirements of Section 2-11.1(t) of the Code of Miami-Dade County, Florida,
relating to the county's cone of silence ordinance, as same may be amended from time
to time shall not apply to the city.
(Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1,3-14-01; Ord. No. 2002-3377, § 1,
7-31-02; Ord. No. 2002-3378, § 1, 7-31-02)
(c)
Editor's note: Ord. No. 2002-3378, § 1, adopted July 31,2002, amended § 2-486 in its
entirety. Because Ord. No. 2002-3378 did not specifically repeal subsection (d), the
renumbering of subsection (d) as subsection (c) is at the discretion of the editor.
DIVISION 5. CAMPAIGN FINANCE REFORM ~
Sec. 2-487. Prohibited campaign contributions by vendors.
A. General.
(1)
(a) No vendor shall give a campaign contribution directly or indirectly to a
candidate, or to the campaign committee of a candidate, for the offices of mayor
(2)
or commissioner. Commencing on the effective date of this ordinance, aJi
proposed city contracts, as well as requests for proposals (RFP). requests for
qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the
city, shall incorporate this section so as to notify potential vendors of the
proscription embodied herein.
(3)
No candidate or campaign committee of a candidate for the offices of
mayor or commissioner, shall deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a vendor.
Candidates (or those acting on their behalf) shall ensure compliance with
this code section by confirming with the procurement division's city
records (including City of Miami Beach website) to verify the vendor
status of any potential donor.
A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section
shall constitute a separate violation. All contributions deposited by a candidate in
violation of this section shall be forfeited to the city's general revenue fund.
(a) A person or entity who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be
disqualified for a period of 12 months following the swearing in of the subject
elected official from serving as a vendor with the city.
(b)
(b)
For purposes of this section, the term "disqualified" shall be defined to
include:
1.
Termination of a donor/vendor's existing contract with the city,
subject to the waiver provisions of subsection B(4) herein; and
Disqualification of a donor's response to solicitation requests for
prospective vendor contracts with the city, subject to the waiver
provisions of subsections B(1 )(2) and (3) herein.
2.
(4)
As used in this section:
(a)
1. A "vendor" is a person and/or entity who has been selected by the
city as the successful bidder on a present or pending bid for goods,
equipment or services, or has been approved by the city on a present or
pending award for goods, equipment or services, prior to or upon
execution of a contract, purchase order or standing order.
2.
"Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term
"controlling financial interest" shall mean the ownership, directly or
indirectly, of ten percent or more of the outstanding capital stock
in any corporation or a direct or indirect interest of ten percent or
more in a firm. The term "firm" shall mean a corporation,
partnership, business trust or any legal entity other than a natural
person.
For purposes of this section, "vendor" status shall terminate upon
completion of the agreement for the provision of goods,
equipment or services.
3.
B.
(b)
For purposes of this section, the term "services" shall mean the rendering
by a vendor through competitive bidding or otherwise, of labor,
professional andlor consulting services to the city.
The term contribution shall have the meaning ascribed to such term in
Chapter 106, Florida Statutes, as amended and supplemented (copies
available in city clerks office).
(c)
Conditions for waiver of prohibition. The requirements of this section may be waived by
a five-sevenths vote for a particular transaction by city commission vote after public
hearing upon finding that:
(1)
(2)
(3)
(4)
The goods, equipment or services to be involved in the proposed transaction are
unique and the city cannot avail itself of such goods, equipment or services
without entering into a transaction which would violate this section but for waiver
of its requirements; or
The business entity involved in the proposed transaction is the sole source of
supply as determined by the city's procurement director in accordance with
procedures established in subsection 2-367(c) of this Code; or
An emergency contract (as authorized by the city manager pursuant to section
2-396 of this Code) must be made in order to protect the health, safety or
welfare of the citizens of the city, as determined by a five-sevenths vote of the
city commission; or
A contract for the provision of goods, equipment or services exists which, if
terminated by the city, would be adverse to the best economic interests of the
city.
Any grant of waiver by the city commission must be supported with a full
disclosure of the subject campaign contribution.
Applicability. This section shall be applicable only to prospective transactions, and the
city commission may in no case ratify a transaction entered into in violation of this
section.
C.
(Ord. No. 2000-3244, § 1, 5-10-00; Ord. No. 2003-3389, § 1, 1-8-03; Ord. No. 2004-3446, § 1,
5-26-04)
Sec. 2-488. Prohibited campaign contributions by lobbyists on procurement
issues.
(1)
No lobbyist on a present or pending bid for goods, equipment or services or on a
present or pending award for goods, equipment or services shall solicit for or give a
campaign contribution directly or indirectly to a candidate, or to the campaign committee
of a candidate, for the offices of mayor or commissioner.
(a)
Commencing on the effective date of this ordinance, all proposed city contracts,
as well as requests for proposals (RFP), requests for qualifications (RFQ),
requests for letters of interest (RFLI), or bids issued by the city, shall incorporate
this section so as to notify lobbyists of the proscription embodied herein.
(2)
No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall deposit into such candidate's campaign account any
campaign contribution directly or indirectly from a lobbyist subject to the
provisions of this ordinance. Candidates (or those acting on their behalf) shall
ensure compliance with this code section by confirming with the city clerk's
records to verify the lobbyist status of any potential donor.
A person who directly or indirectly solicits for or makes a contribution to a candidate who
is elected to the office of mayor or commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from lobbying the city
commission in connection with a present or pending bid for goods, equipment or
services or on a present or pending award for goods, equipment or services.
(b)
(3)
A fine of up to $500.00 shall be imposed on every person who violates this section.
Each act of soliciting, giving or depositing a contribution in violation of this section shall
constitute a separate violation. All contributions received by a candidate in violation of
this section shall be forfeited to the city's general revenue fund.
The term "contribution" shall have the meaning ascribed to such term in Chapter 106,
Florida Statutes, as amended and supplemented.
(4)
(Ord. No. 2003-3393, § 1, 2-5-03)
Sec. 2-489. Prohibited campaign contributions by real estate developers.
A.
General.
(1)
(a) No real estate developer shall give a campaign contribution directly or
indirectly to a candidate, or to the campaign committee of a candidate, for the
offices of mayor or commissioner. Commencing on the February 15, 2003, all
applications for development agreements and for changes in zoning map
designation as well as future land use map changes shall incorporate this section
so as to notify potential real estate developers of the proscription embodied
herein.
(2)
No candidate, or campaign committee of a candidate for the offices of
mayor or commissioner, shall deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a real estate
developer. Candidates (or those acting on their behalf) shall ensure
compliance with this code section by confirming with the city planning
department's records (including city of Miami Beach website) to verify the
real estate developer status of any potential donor.
A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section
shall constitute a separate violation. All contributions deposited by a candidate in
violation of this section shall be forfeited to the city's general revenue fund.
(b)
(3)
(a) A person or entity who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be
disqualified for a period of 12 months following the swearing in of the subject
elected official from becoming a real estate developer.
(b)
(4)
A real estate developer shall not make a contribution within 12 months
after termination of its status as a real estate developer.
(a)
As used in this section:
2.
(b)
1. A "real estate developer" is a person and/or entity who has a
pending application for a development agreement with the city or who is
currently negotiating with the city for a development agreement, or, who
has a present or pending application with the city for a change of zoning
map designation or a change to the city's future land use map.
"Real estate developer" shall include natural persons and/or entities who
hold a controlling financial interest in a real estate developer entity. The
term "controlling financial interest" shall mean the ownership, directly or
indirectly, of ten percent or more of the outstanding capital stock in any
corporation or a direct or indirect interest of ten percent or more in a firm.
The term "firm" shall mean a corporation, partnership, business trust or
any legal entity other than a natural person.
For purposes of this section, "real estate developer" status shall
terminate upon the final approval or disapproval by the city commission of
the requested development agreement, and/or upon final approval or
disapproval of the subject application for the land use relief, referred to in
subsection (4)(a)1. above.
The term "development agreement" shall have the meaning ascribed to such
term in Chapter 163, Florida Statutes, as amended and supplemented. For
purposes of this section, the term "development agreement" shall include any
amendments, extensions, modifications or clarifications thereto.
3.
The term contribution shall have the meaning ascribed to such term in Chapter
106, Florida Statutes, as amended and supplemented.
Conditions for waiver of prohibition. The requirements of this section may be waived by
a five-sevenths vote for a particular real estate project and/or land use application by
city commission vote after public hearing upon finding that such waiver would be in the
best interest of the city.
(c)
B.
Any grant of waiver by the city commission must be supported with a full disclosure of
the subject campaign contribution.
C. App/icability. This section shall be applicable only to prospective real estate projects
and/or applications for land use relief, and the city commission may in no case ratify a
development agreement and/or application for land use relief entered into in violation of
this section.
(Ord. No. 2003-3394, § 1, 2-5-03)
Sec. 2-490. Prohibited campaign contributions by lobbyists on real estate
development issues.
(1) No lobbyist on a pending application for a development agreement with the city, or
application for change of zoning map designation or change to the city's future land use
(2)
(3)
(4)
(5)
(6)
map shall solicit for or give a campaign contribution directiy or indirectiy to a candidate,
or to the campaign committee of a candidate, for the offices of mayor or commissioner.
Commencing on the effective date of this ordinance, all applications for
development agreements and for changes in zoning map designation or future
land use map changes, shall incorporate this section so as to notify affected
lobbyists of the proscription embodied herein.
No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall deposit into such candidate's campaign account any
campaign contribution directly or indirectiy from a lobbyist subject to the
provisions of this section. Candidates (or those acting on their behalf) shall
ensure compliance with this code section by confirming with the city clerk's and
planning department's records to verify the lobbyist status of any potential donor.
A person who directly or indirectly solicits for or makes a contribution to a candidate who
is elected to the office of mayor or commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from lobbying the city
commission in connection with a present development agreement, in connection with a
development agreement that is currently being negotiated, or in connection with a
present or pending application with the city for a change of zoning map designation or a
change to the city's future iand use map.
A fine of up to $500.00 shall be imposed on every person who violates this section.
Each act of soliciting, giving or depositing a contribution in violation of this section shall
constitute a separate violation. All contributions received by a candidate in violation of
this section shall be forfeited to the city's general revenue fund.
The term "contribution" shall have the meaning ascribed to such term in Chapter 106,
Florida Statutes, as amended and supplemented.
(a)
(b)
The term "development agreement" shall have the meaning ascribed to such term in
Chapter 163, Florida Statutes, as amended and supplemented.
The term "lobbyist" as used herein shall exclude any person who only appears as a
representative of a nonprofit corporation or entity, without special compensation or
reimbursement for the appearance, whether direct or indirect, to express his/her support
of or opposition to the subject item.
(Ord. No. 2003-3395, § 1, 3-5-03)
Secs. 2-491--2-510. Reserved.
SCOTT R. JAY
ATTORNEY AT LAW
1575 IVES DAIRV RDAD
MIAMI, FLORIDA 33179
E-MAIL, sobe@ioame.com
407 LINCOLN ROAD. SUITE 6C
MIAMI BEACH, FLORIDA 33139
TELEPHONE, (305) 534.8000
FACSIMILE, (305) 531-7502
TELEPHONE' (305) 249.8000
FACSIMILE' (305) 249-9000
PLEASE REPLY TO MIAMI OFFICE
May 25, 2005
Mayor Susan Gottlieb
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Incorporation of Northeast Miami-Dade
Dear Mayor Gottlieb:
This letter is sent to you by me both individually and in my capacity as President of the Sky Lake -
Highland Lakes Area Homeowners Association which represents over 10,000 residents in your
neighboring communities. As you are aware, we are pursuing a quest to incorporate our area as the
next new city in Miami-Dade County, Florida.
As discussed in our recent telephone conference, enclosed please find a copy of the recent Miami-
Dade County Ordinance relating to Incorporation (of new municipalities). Certain changes are
being discussed by the Miami-Dade County Commission regarding the incorporation process which
should not affect our area in which the Northeast Dade Municipal Advisory Committee was
previously approved and a Conceptual Agreement agreed upon.
We are scheduled to appear before the Planning Advisory Board on June 6, 2005. The Association
would like to comply with Section 20-20 (A) (3) of the Code of Miami-Dade County by providing
"any resolutions of support by the closest existing municipality." Accordingly, I am fonnally
requesting the assistance of the A ventura City Commission in adopting a resolution endorsing and
supporting our incorporation efforts. I have enclosed a copy of Legislative Item No. 043442 which
includes Section 20-20 for your review and infonnation.
MAY 2 I) 1005
OffICE Of 1M"
em MANAGER
Mayor Susan Gottlieb
City of Aventura
May 25, 2005
Page 2
I am sorry for the short notice but we only recently found out about the scheduling of the hearing
before the Planning Advisory Board. By copy of this letter I am advising Eric M. Soroka, City
Manager, of our request. I wish to thank you on behalf of myself and all the members of our
Association. If you have any questions, or wish to discuss this further, please do not hesitate to call
upon me.
SRJ/aa
cc: Eric M. Soroka, City Manager .í
Enclosure as noted.
Very truly yours,
SCOTT R. JAY
Scott R. Jay
Legislative Matter
"~ :'
Page 1 of6
,
Miami-Dade Legislative Item
File Number: 043442
Printable PDF Format
File Number: 043442 File Type: Ordinance Status: SeCond Reading
VersIon: 0 Reference:' Control: County Commission
File Name: ORDINANCE RELATíNG TO INCORPORATION Introduced: 12/13/2004
Requester: NONE Cost: Final Action:
Agenda Date: 4/512005 Agenda Item Number: 7F
Notes: Title: ORDINANCE"RELATING TO INCORPORATION; AMENDING SECTIONS 20-
20, 20-21, AND 20-22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA;
INCREASING THE PERCENTAGE OF ELECTORS REQUIRED TO
CONSENT TO A PETITION FOR INCORPORATION; REQUIRING
MUNICIPAL ADVISORY COMMITTEES CREATED PURSUANT TO
SECTION 20-29 OF THE CODE TO REVIEW AND STUDY PETITIONS FOR
INCORPORATION; REVISING PROCESS FOR REVIEW OF
INCORPORATION PETITIONS; APPLICABILITY TO PETITIONS
COMPLETED PRIOR TO EFFECTIVE DATE OF THIS ORDINANCE;
PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 043223]
Indexes: INCORPORATION Sponsors: Dennis C. Moss
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed
Legislative History
Acting Body Date
Agenda Item
Action
Sent To
Due Date Returned Pass/Fail
Infrastructure 3/8/2005 30
and Land Use
Committee
Forwarded to
BCC without a
recommendation
P
County
Attomey
1/12/2005
Assigned
Infrastructure 3/8/2005
and Land
Use
Committee
,.
Board of
12/14/2004 13GSUBSTiTUTE Adopted on first
2/9/2005
P
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AlAI')"",
Legislative Matter
Page 2 of6
County
Commissioners
reading
REPORT:
The foregoing proposed ordinance was adopted on first reading and set for public hearing before
the Budget and Finance Committee on February 9, 2005 at 9:30 a.m. .
Board of 12/14/2004
County
Commissioners
County
. Manager
12/1312004
Scheduled for a Budget and 2/912005
public hearing Finance
Committee
Assigned Cynthia
Johnson-
Stacks
Assigned Budget and 111312005
Finance
Committee
Additions 12/1412004
Legislative Text
County
Attomey
12/13/2004
County
Attomey
12/1312004
TITLE
ORDINANCE RELATING TO INCORPORATION; AMENDING SECTIONS 20-20, 20-21, AND
20-22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; INCREASING THE
PERCENTAGE OF ELECfORS REQUIRED TO CONSENT TO A PETITION FOR
INCORPORATION; REQUIRING MUNICIPAL ADVISORY COMMITTEES CREATED
PURSUANT TO SECTION 20-29 OF THE CODE TO REVIEW AND STUDY PETITIONS FOR
INCORPORATION; REVISING PROCESS FOR REVIEW OF INCORPORATION PEmIONS;
APPLICABILITY TO PETITIONS COMPLETED PRIOR TO EFFECTIVE DATE OF TIllS
ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE
COUNTY, FLORIDA:
Section 1. Section 20-20 of the Code of Miami-Dade County, Florida, is hereby amended to read as
follows: 1
Sec. 20-20. Petition for incorporation initiated by individual or group.
(A) An individual or group of area residents may file a petition for incorporation with the Clerk of the
Board of County
Commissioners» as an indication of interest in incorporating the area in which they reside«.
(1) The petition shall include the following information about the proposed municipality:
(a) General description and map of area boundaries, and
~~
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' /AI?(I(\~
Legislative Matter
Page 3 of6
(b) Statement of the reason for seeking incorporation.
(2) The petition shaH include the consent from [[ten (IO)]]»twenty-five (25)« percent of the electors
in the area proposed for incorporation.
(3) Any resolutions of support for incorporation by the closest existing municipality.
(B) The Clerk of the Board of County Commissioners shall upon receipt ofa petition for incorporation
transmit a copy to the Office of Management and Budget for determination of completeness in
accordance with the requirement of subsection (A). Upon detennining that the petition is complete, the
Office of Management and Budget shaH notify the Clerk of the Board [[and make recommendation to
County Manager regarding overaH schedule for consideration ofpetition)]»of such occurrence«.
»(C) The Clerk of the Board of County Commissioners shaH notify the County Commissioners that
the petition is complete. Upon notification of the completeness of the petition, any County
Commissioner whose district is contained, in whole or in part, within the boundaries of the area
proposed to be incorporated by the petition, may initiate the creation of a Municipal Advisory
Committee ("MAC"), which shall carry out the functions set forth in the resolution or ordinance
creating the MAC and be subject to the requirements of Section 20-29 of the Code of MiamiDDade
County (the "Code"). Notwithstanding the creation of a MAC, the procedures for consideration of a
petition set forth in Section 20-20 et seq. of the Code shall apply. If the boundaries in the completed
petition differ from the boundaries of the MAC study area, the boundaries of the MAC study area shall
supplant and be substituted for the boundaries included in the petition.«
[[(C)]]»(D)« The requirement offiJing a petition for incorporation pursuant to Sec. 20-20 of the
Code of Miami-Dade County (the "Code") and the procedures for such filing contained in Sec. 20-21
. (A) of the Code shall not apply to incorporation proposals by the County Commission or County
. Manager. It is provided, however, that a Commission or Manager-initiated incorporation proposal shaH
be deemed a petition for proposed incorporation for purposes of Section 20-21; 20-22, and 20-23 and
shaH be required to comply therewith. Notwithstanding Section 20-23A herein, the Board of ~unty
Commissioners may hold a public hearing on a Commission initiated incorporation proposal during
any regUlar or special meeting of the Board of County Commissioners.
Section 2. Section 20-21 of the Code of Miami-Dade County, Florida, is hereby amended to read as
foHows:
Sec. 20-21. Initial consideration of petition for proposed incorporation.
(A) »Upon creation of a MAC pursuant to Section 20-20(C) of the Code and receipt of the final
resolution and report of the Municipal Advisory Committee created to study the issues involved in the
incorporation petition« [[After receiving the Office of Management and Budget's determination that
the petition is complete]], the Clerk of the Board of County Commissioners shall schedule for
»initial« public hearing the proposed petition for incorporation at a regular meeting of the Board of
County Commissioners. »The provisions of this section shall apply to petitions filed prior to and
subsequent to the effective date of this ordinance. No MAC in existence prior to the effective date of
this ordinance shall fulfill the requirements of this Section. No petitions having had their initial public
hearing prior to the effective date of this ordinance shaH receive further consideration by the County
Commission or any county established board, unless and until the provisions of this section and
Section 20-20(C) have been met«
***
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4/.1"005
Legislative Matter
Page4of6
Section 3. Section 20-22 of the Code of Miami-Dade County, Florida, is hereby amended to read as
foJlows:
Sec. 20-22. Planning Advisory Board's consideration of petition for incorporation.
***
(B) The Director of the Office of Management and Budget, upon receipt of recommendations of other
departments, shaJl prepare a report on the petition containing the following information:
(1) Summary of petition,
(2) Socio-economic profile of area,
(3) Development profile of area, [[and]]
»(4) Any Municipal Advisory Committee Report, and«
[[(4)]]»(5)« Other information outlined in Section 20D23(B)(1).
The report shaJl be transmitted to the Boundaries Commission and the Planning Advisory Board.
(C) The Planning Advisory Board, upon receipt of a petition and appropriate County department staff
review and recommendation, and the recommendation of the Boundaries Commission shal1:
(1) Conduct a properly advertised public hearing within the area proposed for incorporation.
.(2) Require additional information from appropriate County departments as needed.
(3) Make written recommendations with respect to the petition »and any Municipal Advisory
Committee Report <
(a) An analysis of the issues outlined in Section 20-23(B);
(b) Other considerations deemed relevant by the Board
(D) The Director of the Office of Management and Budget shaH forward the petition», the Municipal
Advisory Committee Report, «and recommendations of the Planning Advisory Board and County
staff to the County Manager for review and recommendation. The County Manager shall transmit the
petition, »the Municipal Advisory Committee Report,« as well as the recommendations of the
Planning Advisory Board, Boundaries Commission and County Manager to the Clerk of the Board of
County Commissioners.
***
Sec. 20-29. Municipal Advisory Committee-Creation and Limitation of Study Area.
(A) Following public hearing, a Municipal Advisory Committee may be crea1ed by ordinance or
resolution of the Board to study and give advice to the County Commission regarding the creation of a
proposed municipality.
(B) In the event a Municipal Advisory Committee is created where part of the study area is outside the
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Legisla1ive Matter
Page 5 of 6
sponsoring Commissioner's dis1rict, such area shan automatically be excluded fÌ'Om the MU1Ûcipal Area
Committee's consideration.
(C) The res1riction set forth in Paragraph (B) may be waived by the Commissioner(s) whose dis1rict the
study area comes within by filing a memorandum with the Clerk of the Board indicating consent to an
or part of the study area.
(D) This section shaH apply to existing as wen as to all future Municipal Advisory Committee's created
after the effective date of the ordinance from which this section derives.
Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the
remainder of this ordinance shaH not be affected by such invalidity.
Section 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the
provisions of this ordinance, including any sunset provision, shall become and be made a part of the
Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other'
appropriate word.
Section 7. This ordinance sha11 become effective ten (10) days after the date of enactment unless
vetoed by the Mayor, and if vetoed, shaH become effective only upon an ovenide by this Board.
ASSED AND ADOPTED:
Approved by County Attorney as
to fonn and legal sufficiency:
Prepared by:
, Cynthia Johnson-Stacks
Sponsored by Commissioner Dennis C. Moss
1 Words s1ricken through and/or [[double bracketed]] shaH be deleted. Words underscored and/or
»doub1e arrowed« constitute the amendment proposed. Remaining provisions are now in effect and
remain unchanged.
Substitute
Agenda Item No. 13(G)
Page No.6
J:\ORD\1146
Substitute
Approved
Veto
Override
Mayor Agenda Item No. 13(G)
12-14-04
J:\ORD\1l46
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ARTICLE II. INCORPORATION PROCEDURE
Page 1 of7
ARTICLE II. INCORPORATION PROCEDURE
Sec. 20-20. Petition for incorporation initiated by individual or group.
(A) An individual or group of area residents may file a petition for incorporation with
the Clerk of the Board of County Commissioners.
(1) The petition shall include the following information about the proposed
municipality:
(a) General description and map of area boundaries, and
(b) Statement of the reason for seeking incorporation.
(2) The petition shall include the consent from ten (10) percent of the electors
in the area proposed for incorporation.
(3) Any resolutions of support for incorporation by the closest existing
muni~
(B) The Clerk of the Board of County Commissioners shall upon receipt of a petition
for incorporation transmit a copy to the Office of Management and Budget for
determination of completeness in accordance with the requirement of subsection (A).
Upon determining that the petition is complete, the Office of Management and Budget
shall notify the Clerk of the Board and make recommendation to County Manager
regarding overall schedule for consideration of petition.
(C) The requirement of filing a petition for incorporation pursuant to Sec. 20-20 of the
Code of Miami-Dade County (the "Code") and the procedures for such filing contained in
Sec. 20-21 (A) of the Code shall not apply to incorporation proposals by the County
Commission or County Manager. It is provided, however, that a Commission or
Manager-initiated incorporation proposal shall be deemed a petition for proposed
incorporation for purposes of Section 20-21; 20-22, and 20-23 and shall be required to
comply therewith. Notwithstanding Section 20-23A herein, the Board of County
Commissioners may hold a public hearing on a Commission initiated incorporation
proposal during any regular or special meeting of the Board of County Commissioners.
(Ord. No. 95-78, § 1, 5-2-95; Ord. No. 95-131, § 1, 7-13-95; Ord. No. 95-215, § 1,12-5-95; Ord.
No. 96-136, § 1, 9-17-96; Ord. No. 98-125, § 13, 9-3-98; Ord. No. 00-124, § 1,10-3-00; Ord.
No. 01-168, § 1,10-23-01; Ord. No. 01-183, § 1,11-6-01)
Sec. 20-21. Initial consideration of petition for proposed incorporation.
(A) After receiving the Office of Management and Budget's determination that the
petition is complete, the Clerk of the Board of County Commissioners shall schedule for
public hearing the proposed petition for incorporation at a regular meeting of the Board
of County Commissioners.
(B) The Clerk shall advertise in a daily newspaper of general circulation that a petition
for incorporation has been received and shall include in the advertisement the following
information:
(1)
(2)
Map of the area proposed for incorporation,
Date of hearing for initial consideration by the Board of County
http://library.municode.com/gateway.dlllFL/floridall 1 177/11437/1 1439?f=templates$fn=d... 5/26/2005
City of Aventura 2005
Founders Day Weekend
Celebrating 10 Years of Excellence
November 11 - 13, 2005
Tentative Schedule of Events
Friday, November 11, 2005 7:00 PM
Video Dance with DJ at Community Recreation Center for tweens and teens
Saturday, November 12, 2005 7:00 PM
Aventura Homecoming Dance for Adults and Seniors
Community Recreation Center
Sunday, November 13, 2005
Founders Par~ Bayside 12 noon - 4:00 PM
ACES Essay Contest
10 Year Anniversary Art Wall
Game Show with Prizes
Theater and Games Tent
Giant Slides and other inflatable/interactive rides
Toddlers play area and games
Face painters and interactive entertainers
Arts and crafts
Food vendors and eating tents
Founders Park North
4:00 PM - 8:30 PM
4:00 PM:
10 year Founders Park Monument
Commemorative dedication
10 Year Time Capsule interment
10th Anniversary Founders Day Concert
Opening Act "American Idol Fantasia"
Aventura Star Talent Competition Finals
Headline Act "Air Supply"
Close Proximity Fireworks Display Finale
5:00 PM
6:30 PM
7:00 PM
8:30 PM
Founders are invited to and are introduced and recognized at all events.
All times and locations are approximate, and are subject to change.
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO:
Eric M. Soroka, ICMA-CM, City Manager
FROM:
Billy Joel, Commissioner
DATE:
June 8, 2005
SUBJECT:
Billboard - Biscayne Boulevard and Ives Dairy
Please place on the June Workshop Meeting, a discussion item relating to
placing the City's ten year anniversary logo on the blank billboard on Biscayne
Boulevard and Ives Dairy Road.
BJ/act
Attachment
CCO1364-05