11-09-2015 Fhe City of
of chcommission
Avn l ii NOVEMBER 9, 2015 - 4:00 P.M.
5th Floor Executive Conference Room
101Aventura Government Center
,,k
19200 W. Country Club Drive •Aventura, Florida • 33180
MEETING AGENDA
1. Call to Order/Roll Call
2. Approval of Minutes — November 5, 2015
3. Review of Recommended Revisions
4. Meeting Schedule
5. Adjournment
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. One or more members of the City
of Aventura Commission and/or Advisory Boards may be in attendance and may discuss matters which may later come
before their respective Commission and Boards.
The City of CHARTER REVISION COMMISSION
Aventura Aventura Government Center
MEETING MINUTES 19200 W Country Club Drive
NOVEMBER 5, 2015 Aventura. Florida 33180
.. '—'— 9:30 A.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by City
Manager Eric M. Soroka at 9:44 a.m. The following members were present: Stuart
Altman, Billy Joel, Rebecca Fishman Lipsey, Stanley B. Price, and Luz Weinberg. Also
present were City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. SELECTION OF COMMISSION CHAIR: A motion was offered by Mr. Price,
seconded by Ms. Weinberg, and unanimously passed by roll call vote to elect Billy Joel
as Chair.
Mr. Joel presided over the meeting as Chair.
3. PROCEDURES: Mr. Wolpin reviewed the responsibilities of the Charter Review
Commission as well as the procedures for proposed Charter amendments, as outlined in
the City Charter. He also distributed and reviewed a memo regarding the applicability of
the Florida Sunshine Law to the Commission.
4. MEETING SCHEDULE: This item was discussed later in the meeting.
5. ISSUES/REVISIONS: Mr. Soroka reviewed the following three items
recommended for review by the City Commission:
• Section 2.02(b) Vice-Mayor– Amend the length of service from semi-annually
to a longer period of time (not unanimous)
• Section 2.03(c) Limitations on lengths of service – Amend the "Break in
Service" provision from four years to two years (unanimous)
• Section 7.06 Charter revision – Amend the Charter Revision Commission to
be an advisory board (not unanimous)
The Commission reviewed the recommended items and additionally discussed Section
2.03(c) Limitations on lengths of services pertaining to increasing the term limits from
two consecutive terms to three consecutive terms.
No action was taken regarding Section 2.02(b) Vice-Mayor or Section 7.06 Charter
revision.
It was the consensus of the Commission for Mr. Wolpin to provide a copy of the
Resolution (2011-17), which reflected the proposed term limit amendment for Charter
Section 2.03(c), but was rejected by the voters in April 2011 .
Aventura Charter Revision Commission
Meeting Minutes—November 5,2015
A motion was offered by Mr. Altman, seconded by Mr. Price, and unanimously passed
for the City Attorney to draft language to amend Section 2.03(c) Limitations on lengths
of service by decreasing the "Break in Service" provision from four years to two years.
A motion was offered by Ms. Weinberg, seconded by Ms. Lipsey, and unanimously
passed for discussion purposes, for the City Attorney to draft language to amend
Section 2.05(b)(ii) Forfeiture by absence by decreasing the amount of meetings that
could be missed from six to four, pertaining to both calendar year and consecutive
meetings during the calendar year, applicable to the Commissioners and Mayor.
MEETING SCHEDULE: The next meeting was scheduled for November 9, 2015,
at 4:00 p.m.
6. ADJOURNMENT: There being no further business to come before the
Commission, after motion made, seconded and unanimously passed, the meeting
adjourned at 10:40 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on November 9, 2015.
Page 2 of 2
• Section 2.03.-Election and term of office.
(c)
Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected
terms.No person may serve on the Commission for more than two consecutive terms. No person may
serve as a combination of Mayor and Commissioner for more than eight consecutive years, except for the
additional length of service as Mayor and/or Commissioner described in paragraph(a)above,which
results from the extension of the term of office of Mayor and/or Commissioner as produced by the
election date change provided by Charter Section 5.01 (c)(ii). Service shall be deemed to be consecutive
unless there is an intervening few-two-year period during which the individual does not serve as a
Commissioner or Mayor(the "Break in Service"). Any person serving the maximum amount of time as
Mayor must have a few two year Break in Service before serving as a Commissioner. Any person
serving the maximum amount of time as a Commissioner must have a few two year Break in Service
before serving as Mayor. Any person serving the maximum amount of time as a combination of Mayor
and Commissioner must have a few two year Break in Service before serving as Mayor or
Commissioner. This Break in Service requirement shall be applicable only prospectively and shall apply
to any person who after the effective date of this Break in Service provision reaches the maximum
limitation on length of service which is provided herein.No candidate may run for either the office of
Mayor or Commissioner when, if elected,the person would exceed the limitations on service set forth in
this paragraph by any length of time taking into account the full regular term for the office sought.
• Section 2.05.-Vacancies; forfeiture of office; filling of vacancies.
***
(b)
Forfeiture of office.
***
(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 without good cause from any six four
regular meetings of the Commission during any calendar year, 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 himself or 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 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.
***
Sae- (3
r i*.
RESOLUTION( O.2117
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AS PROVIDED
BY THE CHARTER REVISION COMMISSION, IN
ACCORDANCE WITH SECTION 7.06 OF THE CITY
CHARTER; CONSISTING OF PROPOSED CHARTER
AMENDMENTS CONCERNING PARAGRAPH (C) "
LIMITATIONS ON LENGTHS OF SERVICE"OF SECTION
2.03 "ELECTION AND TERM OF OFFICE" OF THE CITY
CHARTER ; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
' AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY, THE 12"i DAY OF APRIL, 2011;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AM) PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision
Commission has determined that certain revisions are needed to the City Charter and has by
report of December 21, 2010 submitted the proposed amendment of the City Charter (the
"Charter Amendments")to the City Commission;and
WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is
required to submit the Charter Amendments to the electors of the City for approval or rejection.
NOW,THEREFORE,IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA,FLORIDA,AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and
confirmed.
Resolution No.2011-17
Page 2
1Section 2. Charter Amendments. That pursuant to Section 7.06 of the City Charter and
Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura,
Florida, is hereby amended by amending the City Charter Section described below in Part A,to
read as follows:'
Part A. That paragraph (c) " Limitations on lengths of service" of Section 2.03 "
Election and term of office" of the City Charter, is amended by revising paragraph (c) of said
section,to read as follows:
Section 2.03.Election and term 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
V of this Charter. The four-year term length which is provided for in this paragraph
(a), shall be extended as necessary to accomplish the election date revision made
pursuant to Charter Section 5.01 (c)(ii) of the City Charter, as applicable.
Accordingly,the term of office of the Mayor and Commission Seats 2,4,and 6 which
would otherwise expire in March of 2009 shall instead expire in November 2010,and
the term of office of Commission Seats 1, 3 and 5 which would otherwise expire in
March of 2011,shall instead expire in November 2012.
(b)
Residential Areas. The City shall be divided by the William Lehman Causeway into
two residence areas:the north area consisting of those portions of the City lying north
of the William Lehman Causeway (the "Northern Area") and the south area
consisting of those portions of the City lying south of the William Lehman Causeway
(the "Southern Area"). Collectively the Northern Area and the Southern Area are
"Residential Areas"; individually, each is a "Residential Area." Two Commissioners
shall reside in the Northern Area(Seats 1 and 2), two Commissioners shall reside in
the Southern Area(Seats 3 and 4), and two Commissioners shall,be elected without
regard to residence in any particular Residential Area (Seats 5 and 6). 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
1/ Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by sitikethreugh.
2
Resolution No.2011-17
Page 3
time of his/her election and must continue to reside in such Residential Area during
his/her term of office. The Commissioners from Residential Areas 1, 2, 3, and 4 are
collectively the "Residential Area Commissioners;" individually, each is a
"Residential Area Commissioner." The Commissioners holding seats 5 and 6 are
collectively the "At-Large Commissioners"; individually, each is an "At-Large
Commissioner."
(c)
--� Limitations on lengths of service. No person shall serve as Mayor for more than two
consecutive elected terms. No person may serve as a Commissioner on—the
Cernniiesion for more than two consecutive terms. No person may serve as a
combination of Mayor and Commissioner for more than eight twelve consecutive
years2, except for the additional length of service as Mayor and/or Commissioner
described in paragraph (a) above, which results from the extension of the term of
office of Mayor and/or Commissioner as produced by the election date change
provided by Charter Section 5.01 (c)(ii). Service shall be deemed to be consecutive
unless there is an intervening four-year period during which the individual does not
serve as a Commissioner or Mayor(the "Break in Service").
- .:.•..,_.•. .._ . ... • _ .. .Any
person serving the maximum amount of time as a combination of Mayor and
Commissioner must have a four year Break in Service before serving as Mayor or
Commissioner. This Break in Service requirement shall be applicable only
prospectively and shall apply to any person who after the effective date of this Break
in Service provision reaches the maximum limitation on length of service which is
provided herein. No candidate may run for either the office of Mayor or
Commissioner when, if elected, the person would exceed the limitations on service
set forth in this paragraph by any length of time taking into account the full regular
term for the office sought.
Section 3. Election Called. That a special election is hereby called, to be held on
•
Tuesday,the 12th day of April,2011,to present to the qualified electors of the City of Aventura,
the ballot question provided in Section 4 of this Resolution.
2 The Charter Revision Commission Report of December 21.2010.provides examples of the application of this 1Z
war limit,which shall serve as an aide to the construction of the amendment.
3
Resolution No.2011-17
Page 4
Section 4. Form of Ballot. That the form of ballot for the Charter Amendments
provided for in Section 2 of this Resolution shall be substantially as follows:
CITY OF AVENTURA CHARTER AMENDMENTS
REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE
AS MAYOR AND COMMISSIONER
The City Charter currently allows a person to serve up to 8 consecutive
years as Mayor and Commissioner, regardless of whether that person
serves as Mayor or Commissioner or serves separately in both capacities.
It is proposed that the City Charter be amended to allow a person to serve
a combined total of 12 consecutive years, for any person who serves as
both Mayor and Commissioner.
Shall the above-described Charter amendment be adopted?
YES ( )
NO ( )
Section 5. Ballotins. That mail ballots, as prescribed by Section 101.6101-101.6107,
Florida Statutes,shall be used in this special election. All qualified City electors who are timely
registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain
any necessary election administration services from the Miami-Dade County Supervisor of
Elections. The County registration books shall remain open at the Office of the Miami-Dade
County Supervisor of Elections until March 14, 2011, at which date the registration books shall
4
Resolution No.2011-17
Page 5
close in accordance with the provisions of the general election laws. The Miami-Dade County
Supervisor of Elections is hereby authorized to take all appropriate action necessary to carry into
effect and accomplish the provisions of this Resolution. This special election shall be canvassed
by the County Canvassing Board unless otherwise provided by law.
Section 6, Notice of Special Election. That notice of said special election shall be
published in accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation
within the City at least 30 days prior to said election,the fast publication to be in the fifth week
prior to the election (to-wit: during the week commencing Sunday, March 6, 2011), and the
second publication to be in the third week prior to the election (to-wit: during the week
commencing Sunday,March 20,2011),and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY ON
TUESDAY, THE 12TH DAY OF APRIL, 2011, BY MAIL
BALLOT, AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY.
CITY OF AVENTURA CHARTER AMENDMENTS
REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE AS
MAYOR AND COMMISSIONER
5
Resolution No.2011-17
Page 6
The City Charter currently allows a person to serve up to 8 consecutive
years as Mayor and Commissioner, regardless of whether that person
serves as Mayor or Commissioner or serves separately in both capacities.
It is proposed that the City Charter be amended to allow a person to serve
a combined total of 12 consecutive years, for any person who serves as
both Mayor and Commissioner.
Shall the above-described Charter amendment be adopted?
YES ()
NO ( )
The full text of the proposed City Charter Amendment is available at the office of
the City Clerk located at 19200 West Country Club Drive, Aventura, Florida
33180.
City Clerk"
Section 7. Copies. That copies of this Resolution proposing the Charter Amendments
are on file at the offices of the City Clerk located at 19200 West Country Club Drive,Aventura,
Florida 33180,and are available for public inspection during regular business hours.
Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above
shall become effective if the majority of the qualified electors voting on the specific Charter
Amendment vote for its adoption, and it shall be considered adopted and effective upon
certification of the election results. Following adoption of the Charter Amendments, the City
Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami-
Dade County,Florida.
6
Resolution No.2011-17
Page 7
Section 9. Inclusion In The Charter. That subject to the requirements of Section 8
above, it is the intention of the City Commission and it is hereby provided that the Charter
Amendments shall become and be made a part of the Charter of the City of Aventura;and that
footnote 2 of Section 2 shall be codified as an explanatory guide to the construction of the
amendment of Charter section 2.03 (c); and that the Sections of this Resolution may be
renumbered or relettered to accomplish such intention.
Section 10. Effective Date of Resolution. That this Resolution shall become effective
immediately upon adoption hereof.
The foregoing Resolution was offered by Vice Mayor Diamond,who moved its adoption.
The motion was seconded by Commissioner Weinberg,and upon being put to a vote,the vote was
as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg absent
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbitez Weinberg yes
Vice Mayor Bob Diamond yes
• Mayor Susan Gottlieb yes
7
Resolution No.2011-17
Page 8
PASSED AND ADOPTED this 1st day of February,2011.
•• 'eb,Mayor
Attest:
I '
-
M.Sora A C
• Clerk
Approved as to Form and Legal Sufp ency:
/%4 tl4n
City Attorney
8