2006-009
RESOLUTION NO. 2006-09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, GRANTING LIMITED
WAIVER FROM PROIDBITION ON TRANSACTING
BUSINESS WITH THE CITY, AS AUTHORIZED BY THE
MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO
ENABLE THE CITY TO CONTINUE TO UTILIZE THE
AVENTURA MAGAZINE FOR PUBLICATION OF THE
CITY'S ANNUAL REPORT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, for many years the City of Aventura has utilized the Aventura Magazine
for the purpose of publishing the annual report of the City; and
WHEREAS, the A ventura Magazine is unique in that it is published within the City of
A ventura, widely distributed, and readily available to all citizens of the City, so that the
citizens may be fully informed of the financial condition of the City as reflected in the City's
annual report; and
WHEREAS, the City Manager desires to continue to utilize the A ventura Magazine
(the "Magazine") for publication of the 2005 Year Annual Report of the City in the upcoming
edition of the Magazine and for subsequent annual reports; and
WHEREAS, the utilization of the Magazine qualifies as a sole source under the
transaction exemption provided by the State Ethics Code at Section 112.313(12)(e), Florida
Statutes; and
WHEREAS, the necessity of the consideration of a waiver under Section 2-11.I(c) of
the County Ethics Code is created by the circumstance that one of the primary owners of the
Aventura Magazine (Commissioner Michael Stem) was elected to the City Commission of the
City of Aventura in March 2005; and
WHEREAS, the City Commission finds that it is appropriate to grant a waiver (the
"Waiver") of the restrictions of Section 2-11.l(c) of the Miami-Dade County Ethics Code as
authorized by subparagraphs (3) and (5) of paragraph (6), and specifically finds that:
a. The Magazine publication services to be involved in the proposed
transaction are unique and the City cannot avail itself of such
services without entering into a transaction which would violate
subsection(c) of Section 2-11.1 but for a waiver of its
requirements, and
b. That the proposed transaction will be in the best interest of the City.
Resolution No. 2006-09
Page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above stated recitals is hereby confirmed and
adopted, including the specific findings set forth therein.
Section 2. Prohibition Upon Transaction is Waived. That the specific
transaction by which the City Manager shall be authorized to continue to utilize the services of
Aventura Magazine for publication of the City's Annual Report for the 2005 year and for
subsequent fiscal years (if desired by the City Manager) is hereby authorized and a waiver of
Section 2-11. I (c) of the County Code is hereby made and granted upon the basis described
above.
Section 3. Implementation. That the City Manager is hereby authorized to take
any necessary action to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof upon the favorable vote of two-thirds of the members of the City
Commission.
The foregoing Resolution was offered by Vice Mayor Joel, who moved its adoption. The
motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as
follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
ves
yes
yes
absent
absent
yes
yes
2
Resolution No. 2006- 09
Page 3
PASSED AND ADOPTED this 7" day of February, 2006. ^
~J~~
Susan Gottlieb, Mayor
tesa M. Soro ,MMC
.it)' Clerk 0 '
Approved as to Form and Legal Sufficiency:
~~
City Attorney
3
FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST
LA
-M1
IN
Commlss oner
AGENCY OR ADVISORY SOARD
LING ADDRUS
City Hall, 19200 W. Country Club Dr.
CIlY
%1.
COUNTY
OF AGI!HCY
Aventura
33180 Miami-Dade
HOW TO COMPlETE AND
_Aonello _two _ louoellll"""'"
ethics laws thalla lIPPIicsbIe only 10 advisory board 1IMIIIlbers. Part B is for public oIIicers llIld ...-npIoyeM who wish 10 usa 0 saplI_
..... """",ption thalls applicable whan the b.--. antiIy _ Is the sole source of supply within the po_ IUbcflVision. In
iomer 10 canplale and ft. IhIo tbrm:
. FRI out Part A or Part B, . "'I'P"cPb.
. ..... and date the form on the _ _.
. . FO. ""It A with the appointing body or person IhlItwil be waMng the.-.:tions of 112.313(3) or (7), Aa. Slal.,
prior 10 the waNer.
. FH. ""It . with the governing body of the poIiticIIl subdivision In which the IllpOlting person is serving, prlor 10 the
lrIInucllon.
PART A. DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARDIII!_R
!WHO mug '''' on." I'AIt"
Sedlono 112.313(3)llIld 112.313(7),I'IoridII~, prohibIl_ __ ..-JpeonthepatlofpWlicoftloers
and ~, including persona ..N!tll on ~ __ See Part III, ChlIplot 112, FIoridII SIalulos, and/or the
brochure._ 'A Guide to the Sunehile Arn."cln..nt and Code of Ethics lor PuIlIic OlIIoerslllld ~' lor more
_ia on theM p1ohllltio".. H~, SecIion 112.313(12), I'IoridII S1atuIoo, pIlln1ila'" appointing oIlIciaI or body to
WIivw theM requlrernen1s In 0 pI1tiCuIIIr -..,. provIcIecI: (0) _ by the oppoInIIng body must be upon 0 Iwo-thirclo
IlIlnn_ voIII of IhlIt body; or (b) _ by the 1WOi6'11 person must be _ o!lllt. poI)Ic heoling; and (e) in _
-- the ~ board rnamber must fully cIiadooe the 1raruclion or raIationohip whic:h woulcl _ wile be prohibi1acl by
S"-no (3) of (7) of Saction 112.313, FIcricIa Slab*I. This Part of Form 4A hu been pr8ICIibecl by "'" Cornrniloion
on Ethics for.uch cllodooure, If and _ ~ 10 an ~ board member.
PLEASE COMPLETE THE FOLlOWING:
1. Th. po_ip, _ip, proprietDIohip, --.. of 0 rnaWiallnIeraoI, position of _, employment, or conlraduaI
_onohip which woulcl_.... _ S_(3) or (7) of SecIion 112.313, F10ricIa SIalulos,II hefcI by [pIMoe
check .pplicable opace(.)J:
) The ~'" parson;
) The opouoe of the reporting parson, whoM ".". is
'or
( ) A chilcl of the ropor1Ing parson, whoM _Is
2. The porticul.- _ or ~ip forwhic:hlhlo waiver II oought In_ [check appr_ opaool:
) Supplying"'" following llIIIIly, goocIo, llIlcIIor_
) Regullllon of"'" buoinMI enlIlybythe _......... _ _ by the advisory_ member.
3. The following buoileoo enliIy II cIoInIll buIIneu with or raguIalocI by the go\IeII1Il18Ill ~
4. Tho _ip of "'" lI'lcIeraIgnecI a<Moory board rnwnber, or _ or chBcI of "'" a<Moory board member, to "'" bull-
MIl ontily tronoadIng II"- __ Is [check oppIIcabIe _J:
( ) Otllcer; ( ) P.i1nar; ( ) Aaoc:iata; ( ) Sole pmprlelDr; ( ) Stockholcler; ( ) Diredllr; ( ) Owner of In exOlll of 5% 01
the _ of oopiaolllock in ouch _ antiIy; ( ) ErnpIoyae; ( ) Contractual _~ with the buoIMII entily;
( ) OIh.-, pia... c1acribe:
CI FOIUI4A -1t!Y. ,..
ieOHT1NUl!D ON _lit....
PART 11- DISCLOSURE OF INTEREST IN SOLI! SOURCE OF SUPPLY
WHO MUST COMPLETE llilS PART:
Sodiona 112.313(3) and 112.313(7), F1oridoI _, prohibll certain employment and bua.... reI8IIonohips on the part of pub-
Ic oIliCllf8 and employeea. S_ Part In, ChIipl8r 112, Florida Statu1es, and/or the brochu... enUtled "A Guide to the S.....hlne
Arnendmenllnd Code 01 Elhlcs for Public 0IIlcers and EJnpIoyMa' for m<n delaill on theu prohIbilion8. 1i<rMs_, Section
112.313(12)(a), F_ Stalulea, pn:lllide8l1ll_1Ion from the _oIIonad _lriclonaln the_thatthe buam.a
entIIy In_ Is the only aourca al aupply wtlllln the poIitic8I oU:>dM8Ion al the _ or employee. In ouch CHU .. otIicer'.
or employae'. inlerut In lha 00._ entity must ba fully dIacIosed to the g<MOmIng body of the poIllICIIl subdMllon. This Part
01 Fonn 4A has *n prucribed by lhe CommltaIon on Elhlcs for such disclosure, If and when appIUbIa.
PLEASE COMPlETE lliE FOLLOWING:
1. Tha partnership, directorship, proprietor8hip, ownership of . mal8ria1 inllIreet, pcaiIion 01 01llcer, employment, or conlraclual
raIationahIp which would olherwlae _ Subeection (3) or (7) of SectIon 112.313, FIortdll _, Is held by lP-
_ applicable .pace(.)~
~) The reporting person;
( ) The apolM of the reportI'lll peraon,_ "_Is
( ) A child of the I'8pOI1lIlll person, __Is
2. Tha IoIIowlng .... !he goode, ruIly, or __ beq ....,p8ed by . bua.... entity wilh which !he ~ o1IIcer or 1III1'k>YM,
or __ or chlld 01 such _ or ...~, Is Ir1YoIwd Is:
:9':
Pllltlieaticll of E1tz AUAu&.l Lvu~ L
3. The bueIIwoa entI1y which Is the only source of supply of the gooda, reeIIy, or _ wilhIn the poIiIicaI subdMsion is:
Av.~tur~nut:h "'nri~.'. Maqa9-1na ~nr +-h~ .1nY"El ,..<F.....y,. \
(NAME OF E (ADDRESS OF TIlY) ..
4. ~~.... ~ti~~~~9 __ or chlId 01 such ofIicer oramployee, to the busi-
_ ~ _In n.m 3 _ Is [cIIed< ~ apaceal:
.3l 0ftIcer; ( ) Par1ner, ( )....ocl...; ( ) Sole proprieIoo, ( ) Stockholder; ( ) Dl=~ Owner of In excess of 5% of
ltii _ or capIlIlI alocIc In such bueIneII enII1y, ( ) 1!mpIoyee; ( ) Contraetuel . . wIlh!he __ entI1y;
( ) Oller, pIeaee_:
SIGNATURE
r~J;
I DAl'!1lON!D
January 5, 2006
1,..::--,. ""
. UNCI 01 R. itA .. "1.311, A , 10 MAKE ANY RlQt.JIUD DClCLOIUM COHITJT\ITU GROUND8 fOR AND
Y IE P\.N.wD In' ~ 0lIl. WOR!. OF ~ fOU..f)\'Jla ~. REMOVAL ~ ".-.caJON fftOM OFfiCI. Oft &IItLOYMENT. DEMOTION.
IN IALNlY Jlt8lAtIlWC), OR Ii. CML NNA1.TY NOT TO DeDD .'0.100.
CI fORM.. - lB. t.. fCONT1l'<<JED ftIItOM FIItIT 11M]