12-15-2005
The C~ of
Aventura
,il.
...../
MINUTES
CHARTER REVISION COMMISSION
DECEMBER 15, 2005 -7 p.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 7 p.m. Present were members Arthur Barr, Arthur Berger, Leonard
Brenner, Manny Grossman and Alan Lips. Also present were City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
2. APPROVAL OF MINUTES: A motion to approve the minutes of the November 22,
2005 meeting was offered by Mr. Berger, seconded by Mr. Lips 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 year Break in Service before
servinq as Mayor or Commissioner. This Break in Service
requirement shall be applicable onlv prospectivelv and shall
applv to any 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 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 DaraaraDh bv anv lenath of time takina into account the full
reaular term for the office souaht.
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
run off oloction, if Rosossary, shall BO hold OR tho thir:e
Tuosetay iR Mar-Gh.
(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 aRY saRetietato
for Mayor r.esoives a RI,lR'lBOr of '/etos greator thaR 59%
of tho total RI,lR'lBOr of ballots sast, sl,lsh sandidato shall
bo tho etl,lly olostoet Mayor, aRet Re fUR eft olostiOR for
Mayor shall Be roql,lir.eet. If aRY saRetietato(s) for a
CemmisEieR seat r8sei':e(s) 3 AblmBor of votes grGator
thaR 59% of tho tetal RI,lR'lBOr of ballots sast, sl,lsh
saRetietato(s) shall BO etl,lly olostoa to tho CeR'lR'lissieR
aRet Re fUR eff olostion for that CeR'lR'lissioR soat(s) shall
be reqblif8s.
~ R~R eft o.teet!oR. Tho Ballet for tho I1JR off olostioR shall
seRtaiR tho RaR'lOS of tho two saREliElatos for Mayor, if
alllllisaBlo, ana tho Ramos of tho t>.vo caRetietatos for
Gash CemmissiQFI seat '.a/ho roeeived the most '{etas iA
tho genoml olostien. The Ballot shall instrust olosters to
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sast ono 'lotO for Mayor aRE! t9 sast ono voto fer east-l
CammissiaA seat, \':itt:l [1 m:Jximum of eRe ~/ete per
()anaiaate.
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.
~ ~ 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.
ffi1 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.
fAt!ill 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.
tit!b.l 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 to read as
follows:
Section 7.10 Fire Rescue Services
Tt-le City sf N/9Rtllro shall l,jtilizs the services sf the Metrs
Daae FiFe Ressl,js DSllartmont tEl Ilrsviae fiFO ana FeSSl,le
seFVises ts tho City. The Citv Commission mav determine
whether to continue to utilize the Miami-Dade County Fire
Rescue Department to provide fire and rescue services to the
Citv.
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The following individuals addressed this Commission: Debbie Lazar, 3625 North
Country Club Drive; Burton Young, Williams Island; Mayor Susan Gottlieb;
Commissioner Michael Stern; Herminio Lorenzo, Director of Metro-Dade Fire Rescue;
and Ron Silver, 407 Lincoln Road, Miami Beach.
A motion to approve amendment I was offered by Mr. Berger and seconded by Mr.
Grossman. The motion passed 4-1, with Mr. Lips voting no.
A motion to approve amendment II was offered by Mr. Grossman and seconded by Mr.
Lips. The motion passed, 4-1, with Mr. Barr voting no.
A motion to approve amendment III was offered by Mr. Berger, and seconded by Mr.
Lips. The motion failed, 2-3, with Mr. Lips and Mr. Berger voting yes and Messrs.
Brenner, Grossman and Barr voting no.
A motion to approve the recommended Charter amendments and transmit to the City
Commission as the final report of the Aventura Charter Review Commission was offered
by Mr. Grossman, seconded by Mr. Lips and unanimously passed.
4. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously assed, the meeting
adjourned at 8:10 p.m.
Approved by the Commission on
Lc-...
MMC City Clerk
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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