Resolution No. 2021-12 Calling for Special Election for Proposed Charter Amendments - February 2, 2021 CITY OF AVENTURA RESOLUTION NO. 2021-12
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 SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS", AND SECTION 7.06 " CHARTER REVISION" 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 27T" DAY OF APRIL 2021; 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 City Charter, the Charter Revision
Commission has determined that certain revisions are needed to the City Charter and
has by report of December 9, 2020 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.
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
City of Aventura Resolution No. 202142
of Aventura, Florida, is hereby amended by amending the City Charter Sections described
below in Part A, Part B, and Part C, to read as follows:'
Part A. That paragraph (c) "Limitations on lengths of service" of Section 2.03
"Election and term of office" of the City Charter, is hereby 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 as a Commissioner for more than two
consecutive terms. No person may serve as a combination of Mayor and Commissioner
for more than eig#t sixteen consecutive years, which is comprised of not more than two
consecutive terms as Mayor and not more than two consecutive terms as Commissioner
twG GGRseeUtiV8 terMs aS a COMMOSSOORK (the "TeFFn Limited GernmrissieneF 'I)-. 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 must 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.
1 / Proposed additions to existing City Charter text are indicated by underline;proposed deletions from existing
City Charter text are indicated by str-ikedffett .
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City of Aventura Resolution No. 202142
Part B. That Section 7.03 " Conflicts of Interest; Ethical Standards" of the City
Charter, is hereby amended by designating the existing text as paragraph (a) and
created a new paragraph (b) of said section, to read as follows:
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.
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 paragraph.
Part C. That Section 7.06 "Charter Revision" of the City Charter, is hereby
amended to read as follows:
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
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City of Aventura Resolution No. 202142
special election, if any, which is seer 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.
Section 3. Election Called. That a special election is hereby called, to be held
on Tuesday, the 27t" day of April 2021, 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:
CITY OF AVENTURA CHARTER AMENDMENTS
(1) REVISED TERM LIMITS PROVISION CONCERNING SERVICE AS
COMMISSIONER BY A TERM LIMITED MAYOR
The City Charter currently requires a 4 year break in service in order for a person
who has served 8 consecutive years as Mayor to be eligible to run for election as
Commissioner. The Charter Revision Commission proposes that the Charter be
amended to eliminate that 4 year required break in service under those
circumstances, and to allow combined mayoral and commission service for up to
16 consecutive years.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
(2) ENHANCEMENT OF ETHICS PROVISIONS
The City Charter currently provides for the adoption of ethics standards. The
Charter Revision Commission proposes that the Charter be amended to further
enhance ethics standards by requiring that any member of the City Commission
who is an officer or governing board member of a community association, which
association is litigating against the City, shall resign from such association position,
and requiring adoption of a City implementing ordinance.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
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City of Aventura Resolution No. 202142
(3) AMENDMENT TO TIMING OF PERIODIC CITY CHARTER
REVIEW AND REVISION PROCESS
The City Charter currently provides for the periodic review of the Charter by the
Charter Revision Commission every 5 years. The Charter Revision Commission
proposes that the Charter be amended to revise the periodic review cycle to be
conducted every 6 years to better conform to the City's election cycle, and to allow
more flexible timing of charter amendment special elections.
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 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
21 , 2021), and the second publication to be in the third week prior to the election (to-wit:
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City of Aventura Resolution No. 202142
during the week commencing Sunday, April 4, 2021), and shall be in substantially the
following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. 2021- 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 27TH DAY OF APRIL 2021, 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 TERM LIMITS PROVISION CONCERNING
SERVICE AS COMMISSIONER BY A TERM LIMITED
MAYOR
The City Charter currently requires a 4 year break in service in order for a
person who has served 8 consecutive years as Mayor to be eligible to run
for election as Commissioner. The Charter Revision Commission proposes
that the Charter be amended to eliminate that 4 year required break in
service under those circumstances, and to allow combined mayoral and
commission service for up to 16 consecutive years.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
(2) ENHANCEMENT OF ETHICS PROVISIONS
The City Charter currently provides for the adoption of ethics standards.
The Charter Revision Commission proposes that the Charter be amended to
further enhance ethics standards by requiring that any member of the City
Commission who is an officer or governing board member of a community
association, which association is litigating against the City, shall resign
from such association position, and requiring adoption of a City
implementing ordinance.
Shall the Charter amendment be adopted?
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City of Aventura Resolution No. 202142
YES ( )
NO ( )
(3) AMENDMENT TO TIMING OF PERIODIC CITY
CHARTER REVIEW AND REVISION PROCESS
The City Charter currently provides for the periodic review of the Charter
by the Charter Revision Commission every 5 years. The Charter Revision
Commission proposes that the Charter be amended to revise the periodic
review cycle to be conducted every 6 years to better conform to the City's
election cycle, and to allow more flexible timing of charter amendment
special elections.
Shall the Charter Amendment be adopted?
YES ( )
NO ( )
The full text of the proposed City Charter Amendments is available at the office of
the City Clerk located at 19200 West Country Club Drive,Aventura,Florida 33180.
ELLISA L. HORVATH, MMC
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.
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
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City of Aventura Resolution No. 202142
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 Friedland, and upon being put to a
vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 2nd day of February, 2021.
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City of Aventura Resolution No. 202142
ENID WEISMAN, MAYOR
•
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4 k� 141le
CITY ATTORNEY
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