12-15-2005
The C~ of
Aventura
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Charter Revision Commission Meeting
December 15, 2005 - 7 PM
2nd Floor Commission Chamber
19200 West Countly Club Drive, Aventura, FL 33180
AGENDA
1. Call to Order/Roll Call
2. Approval of Minutes - November 22, 2005
3. Review and Adoption of Proposed Recommended
Amendments
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, not later than two days prior to such proceeding. One or more members of the City
of A ventura Commission and/or Advisory Boards may be in attendance.
The c~ of
AVentura
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MINUTES
CHARTER REVISION COMMISSION
NOVEMBER 22, 2005 - 10 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Chairperson
Leonard Brenner at 10 a.m. Present were members Arthur Barr, Arthur Berger,
Leonard Brenner, Manny Grossman and Alan Lips. Also present was City Attorney
David M. Wolpin. City Manager Eric M. Soroka and City Clerk Teresa M. Soroka were
absent. As a quorum was determined to be present, the meeting commenced.
2. APPROVAL OF MINUTES: A motion to approve the minutes of the November 15,
2005 meeting was offered by Mr. Grossman, seconded by Mr. Berger and unanimously
passed.
3. ISSUES/REVISIONS: Mr. Wolpin reviewed the proposed charter text amendments
previously recommended by this Commission, as follows:
I. That City Charter Section 2.03 "Election and Term of Office", be amended by
amending paragraph (c) "Limitations on Lengths of Service" to read as follows:
(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.
Service shall be deemed to be consecutive unless there is an
interveninq four-vear period durinq which the individual does
not serve as a Commissioner or Mavor (the "Break in
Service"). Anv person servinq the maximum amount of time as
Mavor must have a four vear Break in Service before servinq
as a Commissioner. Anv person servinq the maximum amount
of time as a Commissioner must have a four vear Break in
Service before servinq as Mavor. Anv person servinq the
maximum amount of time as a combination of Mavor and
Commissioner must have a four vear Break in Service before
servinq as Mavor or Commissioner. This Break in Service
requirement shall be applicable onlv prospectivelv and shall
applv to anv person who after the effective date of this Break in
Service provision reaches the maximum limitation on lenqth of
service which is provided herein. No candidate mav run for
either the office of Mavor or Commissioner when. if elected.
the person would exceed the limitations on service set forth in
this oaraeraoh bv anv leneth of time takine into account the full
reaular term for the office souaht.
A motion to approve this recommended change was offered by Mr. Berger, seconded
by Mr. Grossman and passed 4-1, with Mr. Lips voting no.
II. That City Charter Section 5.01 "Elections", be amended to read as follows:
Section 5.01. Elections.
(a) Electors. Any person who is a resident of the City, has
qualified as an elector of the State and registers to vote
in the manner prescribed by law shall be an elector of
the City.
(b) Nonpartisan elections. All elections for the offices of
Commissioner and Mayor shall be conducted on a
nonpartisan basis.
(c) Election dates. A general election shall be held in each
odd-numbered year, on the first Tuesday in March. A
Flm oft eleGtioR, if ReGeSsary, sl:1all bo holt;! eR tl:1e tl:1ir.e
Tl,Iost;!ay iR March.
(d) General election. The ballot for the general election
shall contain the names of all qualified candidates for
Mayor if the Mayor's term is expiring and for each of the
three Commission seats which are to be filled as a
result of three Commissioners' terms expiring, and shall
instruct electors to cast one vote for Mayor, if applicable,
and one vote for each Commission seat, with a
maximum of one vote per candidate. If any candidato
fer Mnyer receives ::l number of vetoE €)Fontor tl=l::lA 5Q~~
of tl:1e tetal Rl,Imtler of ballots ca6t, s~el:1 GaRt;!it;!ale 61:1all
tlo tl:1e duly elestet;! Mayor, aRe RO rim off eleGtion for
Mayor 61:1all tle reEl~irea. If aRY eandidate(s) for a
Cemmis6ieR seat r-eeeive(s) a R~mber of votes gr-oater
tl:1aR 5Q% of tl:1e tetal R~mber of ballots east, S~GI:1
eaRt;!it;!ate(s) sl:1all tle t;!~ly eleGtoa to the Cemmi66ioR
aRe RO r~n oft election for tl:1at Commi66ion 6eat(6) 6hall
be r-eEl~ir-et;!.
fat RIJR eft e/estieR. The ballot for the Fl,IA eft eleetioR 61:1all
contain the name6 of tl:1e two eaRaiaate6 for Mayer, if
a~~liGable, ant;! tl:1e Rame6 of the t\...e candidates for
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sasR CsmmissisR ssat who receivod the most votos in
tt:1e El8A8f31 election. Tho ballot shall iAstFI.;IGt aloetoFlS to
sast eRe 'Jete for Mayor and to cast one 'Jots for sash
COmmiE&ioR &G3t, 'JJith :3 FR3ximbJm of one voto par
GaAdidate.
The candidate for Mayor receiving the most votes shall
be the duly elected Mayor. The candidate for each
Commission seat receiving the most votes shall be duly
elected to that Commission seat.
~ ill} Special elections. Special elections, when required,
shall be scheduled by the Commission at such times
and in such manner as shall be consistent with this
Charter.
~ ill Single candidates. No election for Mayor or any
Commission seat shall be required in any election if
there is only one duly qualified candidate for Mayor or
for any Commission seat.
W {g} Absentee votes. Absentee voting will be permitted as
provided by the laws of the State and under such
conditions as may be prescribed by ordinance from time
to time; provided, however, that no ordinance shall limit
the right to vote by absentee ballot available under State
law.
ffi!hl Commencement of terms. The term of office of any
elected official will commence following the election for
such elected office, as provided by ordinance of the
City.
A motion to approve this recommended amendment was offered by Mr. Berger,
seconded by Mr. Grossman and passed 4-1, with Mr. Barr voting no.
III. That City Charter Section 7.10 "Fire Rescue Services" be amended by repealing
Section 7.10, as follows:
SOGtiOA 7.1Q. F.f,r:f) Rescue aon<.icfJs.
Tho City of J'.'tSRtI,lFa shall I,ltilize the ssrvises ef the Metre
DaElo FiFO Rossl,le Department to pro'"iEle fiFO BREI r-eSGl,le
services to tl:1o City.
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A motion to approve this proposed amendment was offered by Mr. Berger and
seconded by Mr. Grossman. After further discussion, Mr. Barr offered the following
amendment to Section 7.10:
The City Commission may determine whether to continue to utilize
the Miami-Dade County Fire Rescue Deoartment to provide fire and
rescue services to the Citv.
The motion was seconded by Mr. Grossman and passed 4-1, with Mr. Berger voting no.
This Commission suggested that the Town Hall meeting be scheduled and noticed by
the City Clerk on December 14th or December 15th at 7 p.m. in the City Commission
Chambers.
4. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 11 :00 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
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SUBJECT: POTENTIAL CITY CHARTER AMENDMENTS'
I. That City Charter Section 2.03 "Election and Term of Office," be amended by amending
paragraph (c) "Limitations on Lengths of Service" to read as follows:
(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.
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 Mavor (the "Break in Service"). Anv person serving the
maximum amount of time as Mavor must have a four year Break in
Service before serving as a Commissioner. Anv person serving the
maximum amount of time as a Commissioner must have a four year Break
in Service before serving as Mavor. Anv person serving the maximum
amount of time as a combination of Mavor and Commissioner must have a
four year Break in Service before serving as Mavor or Commissioner.
This Break in Service reQuirement shall be applicable onlv 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
Mavor or Commissioner when. if elected. the person would exceed the
limitations on service set forth in this paragraph bv any length of time
taking into account the full regular term for the office sought.
II. That City Charter Section 5.01 "Elections," be amended to read as follows:
Section 5.01. Elections.
(a) Electors. Any person who is a resident of the City, has qualified
as an elector of the State and registers to vote in the manner
prescribed by law shall be an elector of the City.
] / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from existing City
Charter text are indicated by "kil,.through.
(b) Nonpartisan elections. All elections for the offices of
Commissioner and Mayor shall be conducted on a nonpartisan
basis.
(c) Election dates. A general election shall be held in each odd-
numbered year, on the first Tuesday in March. f, FIffi eff eleetieR,
ifaeeessai'Y, shaH Be ksla eft the thin! TaesQay ia 148feR.
(d) General election. The ballot for the general election shall contain
the names of all qualified candidates for Mayor if the Mayor's term
is expiring and for each ofthe three Commission seats which are to
be filled as a result of three Commissioners' terms expiring, and
shall instruct electors to cast one vote for Mayor, if applicable, and
one vote for each Commission seat, with a maximum of one vote
per candidate. If any ellRdidate fer Mayer reeeives a nllffiller ef
~.~etes greater tHaR 5Q~<' sf tae tetal Bl.iHt8er ef 138110t& east, sasa
ellRdidate shallse the dllly eleeted Mayer, and ne run eff eleetioR
fer Mayor shallse re(!lIired. If any eandidate(s) fer a Commissien
seat reeeive(s) a nlllRser of veles greater than 50~<' of the total
fHimBer sf Ballets east, sHeR 6aflaiaa:te(s) sRall Be Sli])' slestes ts
the Cemmissiea aHQ Be fUR err sleetieR fer taat CeffiHlissiea
seat(s) shallse re(!lIired.
fej Rf4n efJ ef.eetis1i. Tae eaJlet fer tae fUfl ef[ sleetieR sHaH eeataia
the nalRes ef the twe eandidates fer Mayer, if applieasle, and the
names ef the twe eandidates fer eaeh Cemmissien seat whe
reeei'/ed the mest vetes in the general eleetien. The sallet shall
iRstmst eleeters t8 east aRe ~:ate fer 1fayer Rfl8 18 east aRe ..~ate fer
aaak Cemmissiea seat, ..y:itk a ma-J(iHlHffi sf eRe Ylete fJer eanaiaate.
The candidate for Mayor receiving the most votes shall be the duly
elected Mayor. The candidate for each Commission seat receiving
the most votes shall be duly elected to that Commission seat.
fB W Special elections. Special elections, when required, shall be
scheduled by the Commission at such times and in such manner as
shall be consistent with this Charter.
~ ill Single candidates. No election for Mayor or any Commission seat
shall be required in any election if there is only one duly qualified
candidate for Mayor or for any Commission seat.
W (g) Absentee votes. Absentee voting wiII be permitted as provided by
the laws of the State and under such conditions as may be
prescribed by ordinance from time to time; provided, however, that
no ordinance shall limit the right to vote by absentee ballot
available under State law.
m ill Commencement of terms. The term of office of any elected official
will commence following the election for such elected office, as
provided by ordinance of the City.
III. That City Charter Section 7.10 "Fire Rescue Services" be amended by amending Section 7.10
to read as follows:
Section 7.10. Fire Rescue Services.
The City ef ",'..eBt-\lra shall lItilize the serviees sf the Met-l'{) Dade Fire
ReS€1He Def'artmeat te fJfEPliae fire ana f6Sel:l6 serviees to the City. The
City Commission may determine whether to continue to utilize the Miami-
Dade County Fire Rescue Department to provide fire and rescue services
to the City.
F:/328.001/Charter/Potential Charter Amendments 11.9.05