11-22-05
The City of
AVentura
a
.~....'/
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 year Break in
Service before servinq as Mavor. Any person servinq the
maximum amount of time as a combination of Mayor and
Commissioner must have a four year Break in Service before
servinq as Mayor or Commissioner. This Break in Service
requirement shall be applicable only prospectively 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 Mayor or Commissioner when. if elected.
the person would exceed the limitations on service set forth in
this oaraaraoh bv any lenath of time takina into account the full
reqular term for the office souqhl.
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
nm eft eleQtion, if Resessary, shall Be t-lele eR tt-le thir-d
Tlleseay iR Marst-l.
(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 saReidate
klr Mnyer F9ceives a A1;Jmber at ~/otOE grantor thaA 5Qo,1n
ef tt-le total RIlmger of Ballets sast, SIlQt-l caReieate st-lall
Be tt-le ellly elestee Mayer, aRd no rllR eft elestieR fgr
Mayor st-lall ge feEjlliree. If aRY saReieate(s) for a
CommissiQA Eoat rocei}/o(E) 3 numbor af VQtse: Qreator
tt-laR 5Q%' sf tt-le total numBer of Ballots cast, SIlSt-l
caReieate{s) st-lall Be euly elestee ts the CommissieR
aRe RO fUR oft eleslioR for tt-lat CemmissioR seat(s) st-lall
bo reEjlliree.
{e1 R/,Jn off oJost:eR. Tt-le Ballot for tt-le fUR oft eleQtion st-lall
cORtaiR tt-le Rames of tt-le t\\'o saReiealoE for Mayor, if
apl3lisaBle, aRe tt-le names ef tt-le tv.'e Qandieates for
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eaSR CommissieR seat who recoi-/ed tRe most votes in
the gOReFaI eleGlioR. The ballot sl'lall iRstrllGt electors te
C3st ORe veto fGr M3yer :IRa to c::ust Qr19 vote for oach
CemmissieA seat, '::ith :3 FF13ximum of Qno 'late par
GDAsit;iate.
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.
(f) {g} 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.
ffit 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 fg} 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:
SectiQR 7.10. Fi.~e RDSGl:JfJ ao.ryiees.
Tho City of lI.voRtllra sRall Iltilize tRo services at tRe Metro
Dado Fir-e Resslle Do~artmoRt to ~r-evieo fire aRe reSGIlO
sorvisos to tl:1e 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 DeDartment to Drovide fire and
rescue services to the City.
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, he meeting
adjourned at 11 :00 a.m.
Approved by the Commission on December 15,
v.-
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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