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12-07-2015 AThe City .of c'n a er !reiln� ,"9virin_oo_u ven DECEMBER 7, -��� 20156:00 P.M. 2"a Floor Commission Chamber ammie Aventura Government Center 19200 W. Country Club Drive •Aventura, Florida • 33180 MEETING AGENDA 1. Call to Order/Roll Call 2. Approval of Minutes — November 9, 2015 3. Public Hearing: Review and Adoption of Proposed Recommended Charter Amendments Pursuant to City Charter Section 7.06 4. 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. Aventura The CO of CHARTER REVISION COMMISSION Aventura Government center MEETING MINUTES 19200 W.Country Club Drive NOVEMBER 9, 2015 Aventura,Florida 33180 "mem."■ 4:00 P.M. t0..� 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Billy Joel, Chair at 4:02 p.m. The following members were present: Billy Joel, Stuart Altman, 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. APPROVAL OF MINUTES: A motion was offered by Mr. Altman, seconded by Mr. Price, and unanimously passed to approve the revised minutes. 3. REVIEW OF RECOMMENDED REVISIONS: Mr. Wolpin reviewed the proposed amendment language for Section 2.03(c) Limitations on lengths of service, to decrease the "Break in Service" provision from four years to two years. After discussion, a motion was offered by Mr. Price, seconded by Ms. Weinberg, and unanimously passed to recommend the following Charter amendment change for Section 2.03(c): 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. Mr. Wolpin reviewed the proposed amendment language for Section 2.05(b)(ii) Forfeiture by absence, to decrease the amount of meetings that could be missed to four, pertaining to both calendar year and consecutive meetings, applicable to the Commissioners and Mayor. Aventura Charter Revision Commission Meeting Minutes—November 9,2015 After discussion, a motion was offered by Ms. Weinberg, seconded by Ms. Fishman Lipsey, and unanimously passed to recommend the following Charter amendment change for Section 2.05(b)(ii): 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 sit 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 Mayo-, 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. Mr. Wolpin reviewed Resolution 2011-17, which the Commission had requested at the prior meeting for discussion purposes, regarding a proposed term limit amendment for Charter Section 2.03(c). He noted that the Charter Amendment was presented on April 12, 2011, but was rejected by the voters. After discussion, no action was taken. 4. MEETING SCHEDULE: The next meeting, for the public hearing, was scheduled for December 7, 2015, at 6:00 p.m., in the Commission Chamber. 5. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Ms. Fishman Lipsey, seconded by Mr. Price, and unanimously approved; thereby adjourning the meeting at 4:18 p.m. Page 2 of 3 Aventura Charter Revision Commission Meeting Minutes—November 9, 2015 Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on December 7, 2015. Page 3 of 3 T Aventura he City of CHARTER REVISION COMMISSION Aventura Government Center FINAL REPORT AND 19200 W.Country Club Drive RECOMMENDATIONS ON Aventura,Florida 33180 , .. milmwoommi. CHARTER AMENDMENTS ism✓ 1. RECOMMENDATION: In accordance with City Charter Section 7.06, the Charter Revision Commission (the "CRC") has examined the City Charter, received City Commission and public hearing input thereon, and has determined that the two (2) charter amendments which are set forth below shall be presented to the electors of the City for approval or rejection. The City Attorney is to draft the proposed Charter Amendment Resolution for consideration by the City Commission at the January, 2016 City Commission meeting. 2. RECOMMENDED CHARTER AMENDMENTS: The proposed Charter amendments are set forth below, with proposed additions to the existing Charter being indicated by underlined text, and proposed deletions from the existing Charter being indicated by text, as follows: 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 fetes 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 si* 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—te--the--Mayer, 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. *** 3. CONCLUSION: The CRC respectfully requests that the City Commission consider this report at the January 5, 2016, City Commission meeting. We recognize that the City Commission will, as required by City Charter Section 7.06, place these proposed Charter amendments before the City electors at an election which takes place no sooner than 60 days and no later than 150 days after the date of this report, subject to coordination with the County Supervisor of Elections. All members of the CRC were honored to have had the opportunity to be of service to the City. DATED THIS 7TH DAY OF DECEMBER, 2015. Received by the City Clerk this day of 2015. Ellisa L. Horvath, MMC, City Clerk Page 2 of 2