Resolution No. 2016-09 Calling a Special Election for Proposed Charter Amendments - January 5, 2016 RESOLUTION NO. 2016-09
A 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",
AND PARAGRAPH (B) (II) "FORFEITURE BY ABSENCE"
OF SECTION 2.05 "VACANCIES; FORFEITURE OF
OFFICE; FILLING OF VACANCIES", 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 12TH DAY OF APRIL 2016;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 7.06 of the CityCharter, the Charter Revision
Commission has determined that certain revisions are needed to the City Charter and has by
report of December 7, 2015 submitted the proposed amendments 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.
City of Aventura Resolution No. 2016-09
Section 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 Sections described below in Part A and
Part B ,to read as follows:1
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.
***
(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 feuf 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.
I / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by striketh}eugh.
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City of Aventura Resolution No.2016-09
Part B. That paragraph (b)(ii) "Forfeiture by absence" of Section 2.05 "Vacancies;
forfeiture of office; filling of vacancies" of the City Charter, is hereby amended by revising
paragraph(b)(ii) of said section,to read as follows:
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.
***
Section 3. Election Called. That a special election is hereby called, to be held on
Tuesday, the 12th day of April 2016, to present to the qualified electors of the City of Aventura,
the ballot questions provided in Section 4 of this Resolution.
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:
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City of Aventura Resolution No. 2016-09
CITY OF AVENTURA CHARTER AMENDMENTS
(1) REVISED BREAK IN SERVICE PROVISION CONCERNING
YEARS OF SERVICE AS MAYOR AND OR COMMISSIONER
The City Charter currently requires a 4 year break in service in order for a
person who has served 8 consecutive years as Mayor and or
Commissioner to be eligible to again run for election as Mayor or
Commissioner. It is proposed by the Charter Revision Commission that
the City Charter be amended to reduce the required 4 year break in service
to a period of 2 years.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
(2) REVISED COMMISSION OFFICE ABSENCE PROVISION
The City Charter currently provides for forfeiture of Commission office if
absent from 6 regular commission meetings during the calendar year or 3
consecutive meeting absences as Mayor or 4 such absences as
Commissioner. The Charter Revision Commission has proposed that the
City Charter be amended to impose a forfeiture of office upon any
Commissioner or Mayor who is absent from 4 such meetings during the
year or consecutively.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
Section 5. Balloting. 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
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City of Aventura Resolution No. 2016-09
Supervisor of Elections. The County registration books shall remain open at the Office of the
Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such
election, at which time the registration books will 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 first publication to be in the fifth week
prior to the election (to-wit: during the week commencing Sunday, March 6, 2016), and the
second publication to be in the third week prior to the election (to-wit: during the week
commencing Sunday, March 20, 2016), 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 2016, BY MAIL
BALLOT, AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSALS SHALL BE SUBMITTED TO
THE QUALIFIED ELECTORS OF THE CITY.
CITY OF AVENTURA CHARTER AMENDMENTS
(1) REVISED BREAK IN SERVICE PROVISION
CONCERNING YEARS OF SERVICE AS MAYOR AND
OR COMMISSIONER
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City of Aventura Resolution No. 2016-09
The City Charter currently requires a 4 year break in service in order for a
person who has served 8 consecutive years as Mayor and or
Commissioner to be eligible to again run for election as Mayor or
Commissioner. It is proposed by the Charter Revision Commission that
the City Charter be amended to reduce the required 4 year break in service
to a period of 2 years.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
(2) REVISED COMMISSION OFFICE ABSENCE PROVISION
The City Charter currently provides for forfeiture of Commission office if
absent from 6 regular commission meetings during the calendar year or 3
consecutive meeting absences as Mayor or 4 such absences as
Commissioner. The Charter Revision Commission has proposed that the
City Charter be amended to impose a forfeiture of office upon any
Commissioner or Mayor who is absent from 4 such meetings during the
year or consecutively.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
The full text of the proposed City Charter Amendments are 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.
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City of Aventura Resolution No. 2016-09
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.
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
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 Shelley, who moved its adoption.
The motion was seconded by Commissioner Holzberg, and upon being put to a vote,the vote was as
follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2016-09
PASSED AND ADOPTED this 5th day of JANUARY, 2016.
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"y"6 �ti` Enid Weisman, M
Attest:
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Ellisa L. Horvath, MMC../
City Clerk
Approved as to Form and Legal Sufficiency: r
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City Attorne 114\1 &4-4\-'
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