12-07-2015 The City of CHARTER REVISION COMMISSION
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�R entiiir� MEETING MINUTES Aventura Government Center
19200 w.Count Club Drive
DECEMBER 7, 2015 Aventura, Florida 33180
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Billy Joel,
Chair, at 6:03 p.m. The following members were present: Billy Joel, Stuart Altman, and
Rebecca Fishman Lipsey. Also present were City Manager Eric M. Soroka, City Clerk
Ellisa L. Horvath, and City Attorney David M. Wolpin. Stanley B. Price and Luz
Weinberg were absent. As a quorum was determined to be present, the meeting
commenced.
2. APPROVAL OF MINUTES — NOVEMBER 9, 2015: A motion was offered by Mr.
Altman, seconded by Mr. Joel, and unanimously passed to approve the minutes.
3. PUBLIC HEARING:
Review and Adoption of Proposed Recommended Charter
Amendments Pursuant to City Charter Section 7.06: Mr. Wolpin explained the public
hearing process and the Charter Revision Commission's review of the City Charter at two
prior meetings. He provided a Final Report for the Board's consideration, based on the
recommendations for two Charter amendments discussed at those prior meetings.
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.
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.
Mr. Joel opened the public hearing.
Comments were provided from the following: Aventura Commissioner Marc Narotsky
(3029 N.E. 188 Street, #912).
There being no additional comments, Mr. Joel closed the public hearing.
A motion was offered by Mr. Altman, seconded by Mrs. Fishman Lipsey, and
unanimously passed to adopt the Charter Revision Commission Final Report and
Recommendations on Charter Amendments, as provided by Mr. Wolpin.
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Mr. Altman, seconded by Mr. Joel, and
unanimously approved; thereby adjourning the meeting at 6:09 p.m.
Aventura Charter Revision Commission
Meeting Minutes-December 7,2015
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Ellisa L. Horvath, M t ty Clerk
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The a` 7 Clif CHARTER REVISION COMMISSION
AventuraAventura Government Center
FINAL REPORT AND 19200 W.Country Club Drive
RECOMMENDATIONS ON Aventura, Florida 33180
410 11111111.111.1111111
"""— CHARTER AMENDMENTS
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 strickentext, 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 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.
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(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, er-twee
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.
***
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 1 day of 02015.
Ellisa L. Horvath, M or "Clerk
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