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08-06-2024 City Commission Special Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q CITY COMMISSION SPECIAL MEETING AGENDA August 6, 2024 9:00 a.m. Aventura Government Center 5th Floor Executive Conference Room City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Dr. Linda Marks Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Special Meeting Agenda August 6, 2024 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 IN CONJUNCTION WITH THE AVENTURA GENERAL ELECTION AS WELL AS THE MIAMI- DADE COUNTY GENERAL ELECTION, TO FILL A VACANCY ON THE CITY COMMISSION FOR COMMISSIONER SEAT 2 IN ACCORDANCE WITH THE CITY CODE OF ORDINANCES CHARTER SECTION 2.05(c)(ii); PROVIDING FOR THE CONDUCT OF SAID ELECTION; ESTABLISHING A QUALIFYING PERIOD TO FILE FOR CITY COMMISSIONER SEAT 2; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO MAKE COBRA PAYMENTS FOR ELECTED OFFICIALS AND THEIR DEPENDENTS PARTICIPATING IN THE CITY'S GROUP INSURANCE PLAN FOR THE REMAINDER OF THE OFFICIAL'S CURRENT TERM IN OFFICE OR THE MAXIMUM COVERAGE PERIOD, WHICHEVER IS SHORTER, WHEN THE OFFICE IS VACATED DUE TO DISABILITY OR DEATH; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 4. 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 proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 1 of 1 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: August 2, 2024 SUBJECT: Resolution Calling for a Special Election on November 5, 2024 for Commissioner Seat 2 August 6, 2024 City Commission Special Meeting RECOMMENDATION It is recommended that the City Commission approve the attached Resolution calling for a Special Election on November 5, 2024, to fill the vacancy created by the passing of Commissioner Michael Stern and to also set the qualifying period for the Special Election. BACKGROUND Due to the passing of City Commissioner Michael Stern, a vacancy has been created on the City Commission for Commissioner Seat 2. The City Charter dictates that when more than six months remains in the unexpired term, it is necessary to hold a special election. Such an election shall occur not sooner than forty-five days or more than ninety days following the occurrence of the vacancy, but the special election can be extended beyond such ninety days for an additional sixty days if there is a City, County, State or national election, in which case the vacancy shall be filled by special election on the first such election date. The City of Aventura will hold its General Election on November 5, 2024, in conjunction with the Miami-Dade County Election. By scheduling the City's Special Election on this date, the City will be operating in accordance with the Charter and will save significant costs by not holding a standalone special election. Miami-Dade County Supervisor of Elections Christina White has approved the City's request to hold the Special Election on November 5, 2024, should the City Commission decide to do so. In addition to calling for the Special Election, the Resolution also sets forth the qualifying period, which must commence on the first Monday after the adoption of the Resolution for five consecutive days, from 8.30 a.m. until 4.30 p.m. Consequently, the qualifying period for the Special Election will start at 8.30 a.m. on Monday, August 12, 2024 and terminate on Friday, August 16, 2024 at 4.30 p.m., in conjunction with the qualifying dates for the candidates for the Aventura General Election for Seats 1, 3, and 5. FISCAL IMPACT If the Special Election is scheduled in conjunction with the Aventura General Election on November 5, 2024, the fiscal impact to the City is estimated to be approximately $15,085.28. If the City scheduled a standalone special election, the cost is estimated to be approximately $59,921.29. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 IN CONJUNCTION WITH THE AVENTURA GENERAL ELECTION AS WELL AS THE MIAMI-DADE COUNTY GENERAL ELECTION, TO FILL A VACANCY ON THE CITY COMMISSION FOR COMMISSIONER SEAT 2 IN ACCORDANCE WITH THE CITY CODE OF ORDINANCES CHARTER SECTION 2.05(c)(ii); PROVIDING FOR THE CONDUCT OF SAID ELECTION; ESTABLISHING A QUALIFYING PERIOD TO FILE FOR CITY COMMISSIONER SEAT 2; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to the passing of City Commissioner Michael Stern, a vacancy has been created on the City Commission for Commissioner Seat 2; and WHEREAS, pursuant to City Charter Section 2.05(c)(ii), it is necessary to hold a special election not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, but the special election can be extended beyond such ninety (90) days for an additional sixty (60) days if there is a City, County, State or national election, in which case the vacancy shall be filled by special election on the first such election date; and WHEREAS, the City of Aventura will hold a General Election, in conjunction with the Miami-Dade County General Election, on November 5, 2024; and WHEREAS, in coordination with the Miami-Dade County Supervisor of Elections, the City Commission wishes to set November 5, 2024 for the Special Election, to be held in conjunction with the Aventura General Election as well as the County-wide election; and WHEREAS, the City Commission wishes to provide for a qualifying period for any eligible person wishing to fill the vacancy as required by Section 26-31(2)of the City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. Special Election Called. That a Special Election is hereby called for November 5, 2024 for the purpose of electing a person to the City Commission to fill the vacancy created by the passing of Michael Stern, and to serve the unexpired portion of City of Aventura Resolution No. 2024- the term of Commissioner Stern for Commissioner Seat 2. Section 3. Qualifying. That it shall be the duty of any person desiring to become a candidate to fill this Commission seat vacancy to file a written notice of candidacy and other filings mandated by law with the City Clerk during the qualifying period (the "Qualifying Period") commencing at 8.30 a.m. on Monday, August 12, 2024 and expiring at 4.30 p.m. on Friday, August 16, 2024, accompanied by the qualifying fee(s) required by law. The place of qualification shall be the Office of the City Clerk by appointment. Only electors of the City who meet the definition of qualified persons under Sections 2.03(b), 2.04, 2.05(c)(iv) and 2.05(c)(v) shall be eligible to hold office of Commissioner, as provided by the City Charter. Section 4. Election Procedures. That the Special Election shall be held and conducted as part of the Aventura General Election and the Miami-Dade County General Election scheduled for the same date in the manner prescribed by law for holding elections. Places of voting in such Special Election shall be the designated places of voting within the City for general elections, unless otherwise provided by the City Commission or the Miami-Dade County Supervisor of Elections. The polls shall be open at such voting places on the date of such Special Election from 7.00 a.m. to 7.00 p.m. on said day. All qualified electors residing within the City shall be entitled, qualified and permitted to vote at such special election. Section 5. City Clerk. That the City Clerk, acting as the local Supervisor of Elections, is hereby authorized and directed to file and cause to be published notice of the qualifying period and the election at least one time between the passage of this Resolution and the commencement of the qualifying period. The City Clerk is further authorized and directed to make appropriate arrangements with the Miami-Dade County Supervisor of Elections to carry out the responsibilities necessary for the conduct of the special election. Section 6. Effective Date. That this Resolution shall become effective immediately upon adoption. Page 2 of 3 City of Aventura Resolution No. 2024- The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 6t" day of August, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 2, 2024 SUBJECT: Resolution Providing for COBRA Payments for Elected Officials and Dependents August 6, 2024 City Commission Special Meeting RECOMMENDATION It is recommended that the City Commission approve the proposed resolution authorizing the City of Aventura to make COBRA payments for elected officials and their dependents participating in the City's group insurance plan under specific circumstances. The proposed resolution aims to address the financial challenges faced by elected officials and their families in the event of disability or death by continuing their health insurance coverage. BACKGROUND Resolution 2023-31 allowed elected officials and their dependents to participate in the City Group Health Plan, provided the official paid the premiums. The following key points associated with the proposed resolution are provided for your review: • Issue: In the event of an elected official's disability or death, securing affordable health insurance becomes challenging due to the cessation of employer- sponsored benefits. • COBRA: The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows for continuing health insurance coverage up to 36 months after a qualifying event. • Authority: Federal law permits state and local governments to cover COBRA premiums for eligible individuals and their dependents. • Proposal: The City Manager will be authorized to pay COBRA premiums for elected officials and their dependents for the remainder of the official's term or the maximum coverage period, whichever is shorter, upon the office being vacated due to disability or death. If you have any questions, please feel free to contact me. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO MAKE COBRA PAYMENTS FOR ELECTED OFFICIALS AND THEIR DEPENDENTS PARTICIPATING IN THE CITY'S GROUP INSURANCE PLAN FOR THE REMAINDER OF THE OFFICIAL'S CURRENT TERM IN OFFICE OR THE MAXIMUM COVERAGE PERIOD, WHICHEVER IS SHORTER, WHEN THE OFFICE IS VACATED DUE TO DISABILITY OR DEATH; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution 2023-31 authorized the City to pay health insurance premiums for the City's elected officials who participated in the City Group Health Plan ("Plan") and allowed eligible dependents of the elected officials to be covered by the Plan, provided the insurance premiums were paid for by the elected official; and WHEREAS, in the event a member of the City Commission vacates his or her office due to a disability or death, the financial pressures placed on the official and the official's family are likely to be significant, particularly the ability to secure affordable health insurance with good coverage after the employer-sponsored health care benefits end; and WHEREAS, the Consolidated Omnibus Budget Reconciliation Act ("COBRA") enables the covered individual and eligible dependents to continue coverage under the employer-sponsored health insurance plan for a maximum of thirty-six (36) months from the date of the triggering event; and WHEREAS, federal law permits state and local governments to pay the costs of the COBRA premiums for covered individuals and their eligible dependents; and WHEREAS, the City Commission authorizes the City Manager to pay the COBRA premiums for any elected official enrolled in the City's Group Health Insurance Plan for the remainder of the elected official's current term in office or the maximum coverage period, whichever is shorter, when the office is vacated due to disability or death; and WHEREAS, the City Commission finds that this Resolution conforms with all applicable laws, enhances health, safety and welfare, and is in the best interest of the City. City of Aventura Resolution No. 2024- NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above-stated recitals are hereby confirmed and adopted. Section 2. Election. That upon election by the official or the official's surviving eligible dependents to take advantage of COBRA benefits, the City shall pay the applicable premiums for the duration of the official's term or the maximum coverage period, whichever is shorter. Section 3. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 6th day of August, 2024. Page 2 of 3 City of Aventura Resolution No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3