2005-09
ORDINANCE NO. 2005-09
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, CREATING DIVISION 4 "TRAFFIC
ADVISORY BOARD" OF ARTICLE III "ADVISORY
BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE
CITY CODE BY CREATING SECTION 2-181 "CREATION,
COMPOSITION AND QUALIFICATIONS," SECTION 2-182
"DURATION OF BOARD", SECTION 2-183 "ADVISORY
CAPACITY", SECTION 2-184 "RULES OF PROCEDURE;
QUORUM", SECTION 2-185 "JURISDICTION"; AND
SECTION 2-186 "STANDARDS OF CONDUCT FOR
MEMBERS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the City Commission desires to create the City of Aventura Traffic
Advisory Board to assist the City in alleviating motor vehicle traffic burdens which are
encountered within the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted.
That the above stated recital is hereby adopted and
confirmed.
Section 2.
Code Revised.
That Division 4 "Traffic Advisory Board" of Article III
"Advisory Boards" of Chapter 2 "Administration" of the City Code is hereby created to read as
follows:
Division 4.
Traffic Advisory Board.
Sec. 2-181.
Creation, composition and qualifications.
A.
There is hereby created and established the City of Aventura Traffic
Advisory Board (the "Board") consisting of seven (7) members who shall
Ordinance No. 2005-09
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be appointed by the Mayor, subject to the approval of the City
Commission. Members of the Board shall be appointed in accordance with
procedures established by the City Commission and shall hold office at the
pleasure of the City Commission. Members of the Board shall serve
without compensation and shall not be reimbursed for travel, mileage, or
per diem expenses.
B.
(i)
Each member of the Board shall be a qualified elector of the City
of Aventura who has continuously resided within the City for the
six-month period immediately prior to the appointment, and shall
not be an employee of the City.
(ii)
Any member of the Board who ceases to reside within the City,
shall be deemed to have resigned as of the date of his or her change
of residence.
(iii)
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.
(iv)
In appointing members of the Board, the following additional
guidelines shall be considered:
An appointee should have a demonstrated interest and/or
experience in:
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(a)
traffic management or traffic engineering; and
(b)
a commitment to serve and act in the best interests of the
citizens of Aventura.
C.
In the event that a member of the Board shall be absent from a duly-called
meeting ofthe Board for three consecutive meetings or in the event that a member
has two unexcused absences in a six month period, then in that event such
member shall be subject to removal as a member of the Board by vote of two-
thirds of the remaining members of the Board.
D.
The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and shall provide necessary staff support for the Board.
Sec. 2-182. Duration of the Board.
This Board shall sunset and dissolve a year ITom the first meeting of the Board
unless its duration shall be extended by a Resolution of the City Commission.
Sec. 2-183. Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature to the
City Commission and City Manager.
Sec. 2-184.
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
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meetings of the Board. The Board may create additional rules for the conduct of its
internal proceedings.
B.
During the first meeting of the Board, the members shall elect one of their
members to act as Chairman and may elect a Vice-Chairman.
C.
Four 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
four affirmative votes shall be required for official action.
Sec. 2-185. Jurisdiction.
A.
The jurisdiction of the Board shall be solely advisory. Action of the Board shall
be in the form of a written recommendation of advice to the City Manager and City
Commission. The following matters shall be within the advisory jurisdiction of the
Board:
(1)
Assist the City in the study and formulation of motor vehicle traffic
mitigation and traffic management programs.
(2)
Provide specific recommendations on traffic flow improvements.
(3)
Encourage and facilitate opportunities for City residents and businesses to
participate in the work of the Board.
(4)
Provide specific recommendations to address traffic issues that may be
governed by or under the jurisdiction of the State or County agencies.
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(5)
Other motor vehicle traffic matters assigned by the City Commission and
City Manager.
B.
The Board, either through its chairperson or the City Manager, shall report
to the City Commission every other month on their progress.
Sec. 2-186.
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.
Section 3.
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 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 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 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
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The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put
to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on second reading. This motion was seconded by Commissioner Holzberg and upon
being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbàez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED on first reading this 7th day ofJune, 2005.
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PASSED AND ADOPTED on second reading this 6th day of July, 2005.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY t:! ~ ~
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