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Ordinance No. 2016-02 Amending Arts in Public Places Advisory Board - March 1, 2016 ORDINANCE NO.2016-02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING DIVISION 6 "ARTS IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE OF THE CITY OF AVENTURA, FLORIDA; REVISING COMPOSITION AND DUTIES OF THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Commission desires to amend City Code provisions concerning the Arts in Public Places Advisory Board, as provided herein. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1 Section 1. City Code Amended. That Division 6 "Arts in Public Places Advisory Board" of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code, is hereby amended,to read, as follows: DIVISION 6. -ARTS IN PUBLIC PLACES ADVISORY BOARD Sec. 2-201. - Creation, composition and qualifications. A. There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the "Board") consisting of five (5) members, including the Mayor, City Manager, who shall both serve by virtue of their his/her office, and three (3) four (4) residents of the City who shall be appointed by the Mayor, subject to the approval of the City Commission. The resident members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to Board service. The resident members shall serve for a two-year term and may be reappointed in accordance with the process outlined herein. B. 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 in accordance with procedures established herein. 1 Underlined provisions constitute proposed additions to existing City Code text.Strikethrough provisions constitute proposed deletions from existing City Code text. City of Aventura Ordinance No.2016-02 C. In the event that a member of the Board shall be absent and unexcused from a duly-called meeting of the Board for three consecutive meetings, then, in that event, such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. D. The City Manager or his designee shall provide or designate necessary staff support for the Board. Sec. 2-202.—Process of Appointment of Board Members. A. Individuals wishing to be a member of the Board shall make application to the City Manager on the forms provided by the City. City Commissioners may each recommend to the City Manager a proposed nominee. The City Manager shall interview all applicants and make recommendations to the Mayor. The Mayor shall appoint,to the Board,members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. B. In recommending members of the Board,the following guidelines shall be considered: (i) The resident membership of the Board should consist of persons who have demonstrated a strong commitment to arts, including painting, photography, sculpture and other art forms. (ii) Reasonable efforts should be made for the membership of the Board to be representative of a range of comprehensive adult age groups. Sec.2-203. -Advisory capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Mayor and City Commission. The City Manager, by virtue of his office as City Manager, shall be responsible for communicating to the City Commission the actions of the Board. Sec. 2-204. - 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 meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B. The Mayor shall serve as the Board Chairperson, and the City Manager shall. The Board shall select a member to serve as the Vice-Chairperson. C. Three (3) 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 three (3) affirmative votes shall be required for official action. Sec.2-205. -Mission;jurisdiction and duties. A. The mission of the Board is to, from time to time,when requested by the City Manager or Page 2 of 5 City of Aventura Ordinance No.2016-02 City Commission, assist the City in identifying; and selecting and obtaining works of art for display in City owned and/or operated parks, buildings and facilities, in order to further enhance the diverse array of cultural and educational opportunities which are available within the City. • : : . • - • •••. •. Further, the final decision on the acceptance, placement and display of specific works of art at City owned and/or operated parks, buildings and facilities shall be subject to the approval of the City Commission. B. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and Mayor, who shall confer as to the presentation of the recommendation of the Board to the City Commission. C. The Board shall meet as needed as determined by the City Manager or City Commission. Sec.2-206. - 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 and must file the appropriate financial disclosure forms. Section 2. 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 3. 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 be 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 4. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2016-02 The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen, 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 The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption on second reading. This motion was seconded by Vice Mayor Shelley 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 Page 4 of 5 City of Aventura Ordinance No.2016-02 PASSED on first reading on this 2nd day of February, 2016. PASSED AND ADOPTED on second reading on this 1'day of March,2016. sem, � NI► EISMA MF O ATTEST: ELLISA L. HORV• Wry MC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: kril it--4Le\ CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of 1016. Page 5 of 5