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December 9, 2020 Charter Revision Commission The City of o 0 0 0 o �0 DO 0 0 Ai eiifura December 9, 2020 0 10,00 a.m. 19200 West Country Club Drive Aventura,FL3318o Via Virtual Communications Media MEETING AGENDA 1. Call to Order/Roll Call 2. Approval of Minutes 3. Proposed Amendments to City Charter Sections 2.03(C), 7.03 and 7.06 4. Public Input 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 or cityclerk@cityofaventura.com,not later than two days prior to such proceeding.One or more members of the City of Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com. • M AVENTURA CHARTER REVISION COMMISSION MEETING MINUTES DECEMBER 2, 2020 10:00 A.M. Virtual Meeting Via Video Conferencing The meeting was held via video conferencing through Zoom, as specified on the meeting public notice and agenda, as a result of the continued COVID-19 state of emergency. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mr. Altman at 10:04 a.m. The following members were present: Stuart Altman, Yvonne Llauger, Daniel Naim, Gary Pyott, and Howard Weinberg. Also present were City Manager Ronald J. Wasson, 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. Weinberg, seconded by Mr. Naim, and unanimously passed to approve the November 24, 2020 Charter Revision Commission Meeting Minutes. 3. DISCUSSION OF ISSUES/SUGGESTED REVISIONS: The Revision Commission reviewed and discussed the following suggestion: • Section 2.03(c) Election and term of office - Limitations on lengths of service — provide another exception to the term limits by removing the "break in service" provision to allow someone who has served as Mayor for the maximum consecutive eight years to run for a Commissioner seat without waiting for four years. Such amendment would then allow for service as a Commissioner for eight consecutive years, for a total maximum of 16 consecutive years combined. A motion was offered by Mr. Weinberg, seconded by Ms. Llauger, and unanimously passed for Mr. Wolpin to draft language to amend Section 2.03(c) Limitations on lengths of service as proposed. The Revision Commission reviewed and discussed the following suggestion: • Section 7.03. - Conflicts of interest; ethical standards — provide additional language to require a member of the City Commission to resign their position as an association board member if that association is in litigation with the City. It was the consensus of the Revision Commission for Mr. Wolpin to research the legality and enforcement ability of such an amendment and, if possible, draft language to amend Section 7.03 Conflicts of interest; ethics standards as proposed. City of Aventara Charter Revision Commission Meeting Minutes December 2, 2020 The Revision Commission reviewed and discussed the following suggestion: • Section 7.06 Charter revision—amend the Charter revision process to coincide with the timing of the City's municipal election schedule in November of even numbered years at six-year intervals. It was the consensus of the Revision Commission for Mr. Wolpin to research the timing, along with Mrs. Horvath, and to draft language to amend Section 7.06 Charter revision as proposed. The Revision Commission also discussed the following with no action taken on the items: Section 2.02(b) Vice-Mayor and Section 2.06 Compensation; reimbursement for expenses. 4. ADJOURNMENT: There being no further business to come before the Revision Commission, after motion made by Mr. Pyott, seconded by Mr. Weinberg and unanimously passed, the meeting was adjourned at 11:01 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Charter Revision Commission on December 9, 2020. Page 2 of 2 PROPOSED AMENDMENT TO CITY CHARTER SECTION 2.03 (C) PROPOSED ADDITIONS TO CHARTER TEXT ARE SHOWN BY UNDERLINE; PROPOSED DELETIONS FROM CHARTER TEXT ARE SHOWN BY STRIKETHROUGH 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 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 for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than eight sixteen consecutive years, which is comprised of not more than two consecutive terms as Mayor and not more than two consecutive terms as Commissioner eX^ept fer the additional length of sewine as after seFViRg tWG GGRseGutive terms as a CommissioneF(the "Term Limited Corn stoner—). 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 Mayor mus is not required to have a four-year Break in Service before serving as a Commissioner and may seek to run for the Office of Commissioner without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012,F.S.), and may serve as Commissioner for up to two consecutive terms. Any person serving the maximum amount of time as a Commissioner is not required to have a four-year Break in Service before serving as Mayor and may seek the Office of Mayor without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012, F.S.), and may serve as Mayor for up to two consecutive terms. 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, except as provided herein, 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. (Ord. No. 97-30, § 7, adopted 12-16-97, passed at referendum 3-10-98; Res. No. 2006-06, § 1(pt. A), adopted 1-10-06, passed at referendum 3-21-06; Ord. No. 2018-03 , adopted 2-6-18, passed at referendum 8-28-18) PROPOSED AMENDMENT TO CITY CHARTER SECTION 7.03 PROPOSED ADDITIONS TO CITY CHARTER TEXT ARE SHOWN BY UNDERLINE; PROPOSED DELETIONS FROM CITY CHARTER TEXT ARE SHOWN BY Section 7.03. -Conflicts of interest; ethical standards. A. All Commissioners, officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by Federal, State, County or other applicable law. The City Commission may adopt additional standards of conduct and code of ethics requirements that are not inconsistent with Federal, State, County or other applicable law. B. In the event that a member of the City Commission( the "Elected Official") serves as an officer (the "Officer") or member of the board of directors (the "Board Member") of a condominium association, homeowners association or cooperative owners association (each constituting a "Community Association" for the purposes of this paragraph) the Elected Official shall resign (the "Resignation Requirement") from his or her position as an Officer or Board Member, upon such Community Association instituting or maintaining litigation against the City or any City officer, employee, or agent (collectively, the "City'). This Resignation Requirement shall apply regardless of whether the litigation against the City is by claim, cross claim or counterclaim or is pending in a state or federal court. The City Commission shall by ordinance adopt provisions which shall comprehensively govern the implementation of this para.rq aph. (Ord. No. 97-30, §§ 6, 7, adopted 12-16-97, passed at referendum 3-10-98) State Law reference—Code of ethics, F.S. § 112.311 et seq. PROPOSED AMENDMENT TO CITY CHARTER SECTION 7.06 PROPOSED ADDITIONS TO CITY CHARTER TEXT ARE SHOWN IN UNDERLINE; PROPOSED DELETIONS FROM CITY CHARTER TEXT ARE SHOWN BY Section 7.06.-Charter revision. At its first regular meeting in November of every fifth year after the adoption of this Charter, commencing with December, 2000, the Commission shall appoint a Charter revision commission consisting of five persons, one of whom shall have served as a member of the previous Charter commission and four of whom shall be electors of the City. If a former Charter commission member is not available to serve, five electors of the City, rather than four, shall be appointed. The City Commissioners shall not be eligible for appointment to the revision commission. The revision commission shall commence its proceedings within 15 days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later than January 1 of the following year after their appointment by the Commission. Notwithstanding the above, after completion of the Charter revision process which commenced in November 2020, the timing of the Charter revision process shall be revised to a six year interval. Accordingly, the Commission shall appoint the members of the revision commission in March of 2026, and the revision commission shall present any desired Charter revisions to the City Commission in sufficient time to enable the Commission to provide for the proposed Charter revisions to be submitted to the electors at the next general election in the City. After receipt of the submission of the proposed amendments from the revision commission, the Commission shall submit them to the electors of the City at the next general election in the City or at a special election, if any, which is sooner called by the Commission for such purpose, in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. (Ord. No. 97-30, § 7, adopted 12-16-97, passed at referendum 3-10-98; Res. No. 2001-15, § 1(pt. G), adopted 2-6-01, passed at referendum 5-15-01; Ord. No. 2016-07, § 2, adopted 5-3-16,passed at referendum 11-8-16)