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01-30-2001 A~e C~ty of r'l.ventura @ ;'t,,,,.{,,,,JI>": Charter Revision Commission Meeting January 30, 2001 - 7 PM Biscayne Medical Arts Center 21110 Biscayne Blvd. Suite 101 Aventura, FL 33180 2Q99NE 191stStreet Suite 500 Aventura. FI,111RO AGENDA 1. Call to Order/Roll Call 2. Approval of Minutes: January 5, 2001 3. Public Hearing: Motion to approve proposed Charter amendments as set forth in proposed Resolution and transmittal of Resolution to City Commission for adoption at the February 6, 2001 City Commission Meeting 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 Aventura Commission andlor Advisory Boards may be in attendance. ~ . MINUTES CHARTER REVISION COMMISSION JANUARY 5, 2001 10 AM Aventura Government Center 2999 NE 191st Street #500 Aventura, Florida 33180 1. Call to OrderlRolI Call. The meeting was called to order by Chairman Burton Young at 10:05 a.m. City Clerk Teresa M. Soroka called the roll. Present were Charter Revision Commission Members Burton Young, Esq., Michael Abrams (arrived at 10:25), Leonard Brenner and Commissioner Harry Holzberg. Ginger Grossman was absent due to illness. Others present included City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, City Attorneys Richard Jay Weiss and David M. Wolpin (arrived at 12:15 p.m.), and Commissioner Ken Cohen. 2. Approval of Minutes: meeting was offered by unanimously passed. Motion to approve the minutes of the December 1, 2000 Commissioner Holzberg, seconded by Mr. Brenner and 3. Motion to approve amendments discussed at previous meetina - as outlined in item 4 of December 1. 2000 minutes}: The following action was taken relative to the issues discussed as the previous meeting: Sec. 2.02 (a) - delete provisions that Mayor may create and appoint sub-committees of the Commission. Motion was offered by Commissioner Holzberg and seconded by Mr. Abrams that Section 2.02(a) be amended to read as follows: Section 2.02. Mayor and Vice Mayor. (a) Mayor. The Mayor shall preside at meetings of the Commission and be a voting member of the Commission, aReI may smate and appoint sub committees of the Commission. The Mayor shall be recognized as head of City government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and as the City official designated to represent the City in all dealings with other governmental entities. The Mayor shall annually present a state of the City message. Motion passed 3-1, with Chairman Young voting no. Chair requested that the record reflect clarification that this refers to sub-Committees of the Commission and not Committees that may be formed by the Mayor outside of the Commission. Section 3.11 - delete provision providing that Boards and agencies shall be appointed by the Mayor subject to approval of the Commission and provide for appointments to be made by the City Commission. Motion was offered by Mr. Brenner, seconded by Mr. Abrams and unanimously passed that Section 3. 11 be amended to read as follows: Section 3.11. City boards and agencies. Except as otherwise provided by law, the Commission shall establish or terminate such boards and agencies as it may deem advisable from time to time. The boards and agencies shall report to the Commission. Members of boards and agencies shall be appointed by the Mayor subject to the approval of the Commission. The City Commission by maiority vote can remove members of boards and aaencies appointed by the Mayor. Section 4.01 (a) - add provision that the City Manager may also call meetings. Motion was offered by Mr. Abrams, seconded by Mr. Brenner and unanimously passed that Section 4.01 be amended to read as follows: Section 4.01. Commission meeting procedure. (a) Meetings. The Commission shall hold at least 11 regular monthly meetings in each calendar year, at such times and places as the Commission may prescribe by rule. Special meetings may be held on the call of the Mayor or City Manaaer or upon the call of four members of the Commission and upon no less than 24 hours' notice to each member and the public, or such shorter time as a majority of the Commission shall deem necessary in case of an emergency affecting life, health, property or the public peace. Section 7.06. Charter revision. Amend to provide that charter review commences in November and not December. Motion was offered by Mr. Brenner, seconded by Mr. Abrams and unanimously passed to amend Section 7.06 to provide that Charter review shall commence in November. Amend to provide that Charter Commission shall submit its changes to the City Commission on or before January 1st. Motion was offered by Commissioner Holzberg, seconded by Mr. Abrams and unanimously passed to further amend Section 7.06 to provide that amendments shall be submitted to the City Commission not later than the following January 1st Change time frame to submit to the electorate as "not less than 30 days or more than 150 days." Motion was offered by Commissioner Holzberg, seconded by Mr. Brenner and unanimously passed to further amend Section 7.06 to provide that the Commission shall submit the proposed amendments to the electorate not less than 30 days or more than 150 days after submission to the Commission. 2 Amend to provide that no member of the then current City Commission shall serve as a Charter Revision Commission member. Motion was offered by Commissioner Holzberg, seconded by Mr. Abrams and unanimously passed to further amend Section 7.06 to eliminate the provision that one member of the Charter Commission be a current Commissioner serving a second consecutive term of office. Thus, Section 7.06 shall be amended to read as follows: Section 7.06. Charter revision. At its first regular meeting in November DeaeFRser of every fifth year after the adoption of this Charter, commencing with December, 2000, the Commission shall appoint a Charter revision commission consisting of five persons, one of whom shall be a member of the Commission SOlving a second cOAsesl,ltive term as Commissioner, another of whom shall have served as a member of the previous Charter commission and four thr-ee of whom shall be electors of the City. If there arc no CommissisAers serving a second consecutive term, the Commission shall aJ3J3sint to the revision commission one Commissioner. If a former Charter commission member is not available to serve, five feIM electors of the City, rather than four tAfee, shall be appointed. The Citv Commissioners Mayor shall not be eligible for appointment to the revision commission. The revision commission shall commence its proceedings within 15 4a days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later than January 1 of the followina vear the 90th Gay after their appointment by the Commission. The Commission shall, not less than 30 days or more than W 150 days after submission of the proposed amendments to the Commission, submit them to the electors of the City in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. Amend Section 8.07 to provide that those Commissioners elected on March 1996 to seats 1, 3 and 5 may run for re-election in 2003 and serve the entire 4-year term. Motion was offered by Mr. Abrams, seconded by Mr. Brenner and unanimously passed to amend Section 8.07 to read as follows: Sec. 8.07. Initial election of Commission and Mayor 3 (e) Maximum terms. Notwithstanding Section 2.03, any Commissioner (including the Mayor) elected in the 1996 election may serve for a maximum of nine consecutive years. Commissioners re-elected to seats 1,3. or 5 in the March 1 999 election may serve a maximum of eleven consecutive Years. 4. Issues/Revisions: A. Section 2.03 - Term Limits: No action taken B. Section 2.06 - Commission Salary: Motion was offered by Mr. Abrams and seconded by Mr. Brenner to amend Section 2.06 to read as follows: Section 2.06. Compensation; reimbursement for expenses. Commissioners shall receive compensation in the amount of $J,eOO$7,500 per fiscal year. The Mayor shall receive compensation in the amount of $5,000$10,000 per fiscal year. ... Motion passed 3-0 (Commissioner Holzberg was absent from the room for the vote). (The Commission recessed at this time for five minutes) C. Section 7.05 - Charitable Contributions: No action taken D. Section 7.09 - Non-Discriminatory Use of Public Facilities: Motion was offered by Mr. Brenner, seconded by Mr. Abrams and unanimously passed to amend Section 7.09 to provide that public facilities will not be available for use by those persons, groups, organizations, etc. that do not adhere to the City's non-discrimination policy as set forth currently in Section 7.09 E. Section 7.10 - Fire/Rescue Services: No action taken F. Rotation of Auditors: Motion was offered by Mr. Abrams, seconded by Commissioner Holzberg and unanimously passed to amend Section 4.11 to include a provision that no firm or person shall serve as auditor for more than five consecutive years. 5. Other Issues: Motion was offered by Mr. Abrams, seconded by Mr. Brenner and unanimously passed to amend Section 6.02(a)(i) to provide that any ordinance proposing amendments to the Charter by the City Commission must be enacted upon by the affirmative vote of not less than five Commissioners. 4 6. Meetina Schedule: City Manager to schedule a public hearing for input from residents regarding the proposed amendments, at which time the Charter Commission will formally adopt the final proposed changes. The meeting adjourned at 12:35 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Charter Review Commission on Anyone wishing to appeal any decision made by the Charter Revision 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. 5 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROPOSED BY THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; SUBMITTING PROPOSED CHARTER REVISIONS CONCERNING SECTION 2.02 "MAYOR AND VICE MAYOR," SECTION 2.06 "COMPENSATION; REIMBURSEMENT FOR EXPENSES," SECTION 3.11 "CITY BOARDS AND AGENCIES," SECTION 4.01 "COMMISSION MEETING PROCEDURE," SECTION 4.11 "INDEPENDENT AUDIT," SECTION 6.02 "PROCEDURE TO AMEND," SECTION 7.06 "CHARTER REVISION," SECTION 7.09 "NO DISCRIMINATION," SECTION 8.07 "INITIAL ELECTION OF COMMISSION AND MAYOR;" PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY THE 15TH DAY OF MAY, 2001; PROVIDING NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision Commission has determined that revision is needed to the City Charter and has submitted proposed amendments to the City Charter (the "Charter Amendments") to the City Commission; and WHEREAS, pursuant to Section 7,06 of the City Charter, the City Commission is required to submit the Charter Amendments to the electors of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Charter Amendments. That pursuant to Section 7,06 of the City Charter and Section 5,03 of the Miami-Dade County Charter, the City Charter of the City of Aventura, Resolution No. 2001-_ Page 2 Florida is hereby amended by amending the City Charter Sections described below in Parts A- Part I, as follows: I Part A. That Section 2.02 "Mayor and Vice Mayor" of the City Charter, is amended by revising subsection (a) "Mayor" of this Section to read as follows: Section 2.02. Mayor and Vice Mayor. (a) Mayor. The Mayor shall preside at meetings of the Commission, and be a voting member of the Commission, lHla may 6reate aRa afljlsiat sHB60mmittees sf the CSHlmissien. The Mayor shall be recognized as head of City government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly au1horized contracts, deeds and other documents, and as the City official designated to represen1 the City in all dealings with 01her governmen1al entities. The Mayor shall annually present a state of the City message. Part B. That Section 2,06 "Compensation; Reimbursement for Expenses" of the City Charter is amended to read as follows: Section 2.06. Compensation; Reimbursement for Expenses. Commissioners shall receive compensation in the amount of $7,500 $3,500 per fiscal year. The Mayor shall receive compensation in the amount of $10,000 $5,000 per fiscal year. The Mayor and Commission shall also receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized travel and per diem expenses incurred in the performance of their official duties. Part C. That Section 3.11 "City Boards and Agencies" of the City Charter, is amended to read as follows: Section 3.11. City Boards and Agencies. I / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from existing City Charter text are indicated by ntri".through. 2 Resolution No. 2001-_ Page 3 Except as otherwise provided by law, the Commission shall establish or terminate such boards and agencies as it may deem advisable from time to time. The boards and agencies shall report to the Commission. Members of boards and agencies shall be appointed by the Mayor subject to the approval of the Commission. The Citv Commission bv affirmative vote of a maioritv of its members.can'remove members of boards and agencies appointed by the Mayor. . i' - Part D, That Section 4.01 "Commission Meeting Procedure" of the City Charter is amended by revising subsec1ion (a) "Meetings" of this Section, to read as follows: Section 4.01. Commission Meeting Procedure. (a) Meetings. The Commission shall hold at least II regular monthly meetings in each calendar year, at such times and places as the Commission may prescribe by rule. Special meetings may be held on the call of the Mayor or Citv Manager or upon the call of four members of the Commission and upon no less than 24 hours' notice to each member and the public, or such shorter time as a majority of the Commission shall deem necessary in case of an emergency affecting life, health, property or the public peace. Part E. That Section 4.11 "Independent Audit" of the Ci1y Charter is amended to read as follows: Section 4.11. Independent Audit. The City Commission shall provide for an independent annual audit of all City accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountan1 or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers and shall be rotated at least every five vears to a new certified public accountant or firm of such accountants. 3 Resolution No. 2001-_ Page 4 Part F. That Section 6.02 "Procedure To Amend" of the City Charter, is amended by revising subsection (a) "Initiation" at paragraph (i) "By Ordinance" of this Section, to read as follows: Section 6.02. Procedure To Amend. (a) Initiation. This Charter may be amended in two ways: (i) By ordinance. The Commission may, by ordinance, adopted bv the affirmative vote of at least five members of the Citv Commission, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the City or at a special election called for such purpose. Part G. That Section 7.06 "Charter Revision" of the City Charter is amended to read as follows: Section 7.06. Charter Revision. At its first regular meeting in November DecemBer of every fifth year after the adoption of this Charter, commencing with December, 2000, the Commission shall appoint a Charter revision commission consisting of five persons, one of whom shallee a memeer of the Commission seFving a second conseelltiye term as Commissioner, another of whom shall have served as a member of the previous Charter commission and four three of whom shall be electors of the Ci1y. If there are no Comm.issioners serving a second eonsecuti';e term, the COlBfHission shall appoint to the revision commission one Comm.issioner. If a former Charter commission member is not available to serve, five feUF electors of the City, rather than four three, shall be appointed. The Citv Commissioners Mayer shall not be eligible for appointment to the revision commission. The revision commission shall commence its proceedings within 12 # days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas, i1 shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later 1han January I of the following vear taB 99th day after 1heir appointment by the Commission. The Commission shall, 4 Resolution No. 2001-_ Page 5 not less than 60 W days or more than 6G 150 days after submission of the proposed amendments to the Commission, submit them to the electors of the City in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. Part H. That Section 7.09 "No Discrimination" of the City Charter is amended to read as follows: Section 7.09. No Discrimination. The City shall n01 adopt any measure or policy or otherwise discriminate against any person due to race, religion, color, national origin, physical or mental disabili1y, creed, sexual preference or sex, The City shall not adopt any policy regarding the use of City facilities that would discriminate against any person due to race. religion. color. national origin. physical or mental disability. creed. sexual preference or sex. Part I. That Section 8.07 "Initial Election of Commission and Mayor" of the City Charter, is amended by revising subsection (e) "Maximum Terms" of this Section, to read as follows: Section 8.07. Initial Election of Commission and Mayor. (e) Maximum terms. Notwi1hs1anding Section 2.03, any Commissioner (including the Mayor) elected in the 1996 elec1ion may serve for a maximum of nine consecutive years. Addi1ionally. Commissioners re- elected to seats I. 3 or 5 in both the March 1999 and March 2003 elections may serve a maximum of eleven consecutive years terminating on March 22. 2007. Section 2. Election Called. Tha1 a special election is hereby called, to be held on Tuesday, the 15th day of May, 2001, 10 presen1 to the qualified electors of the City of Aventura, the ballot questions provided in Section 3 of this Resolution. Section 3. Form of Ballot. That the form of ball01 for the Charter Amendments provided for in Section I of this Resolution shall be substantially as follows: 5 Resolution No. 2001-_ Page 6 1. Authority To Create And Appoint Sub-Committees Of The City Commission. The City Charter currently authorizes the Mayor to create and appoint sub- committees of the City Commission. 11 is proposed that the Charter be amended to remove the authority of the Mayor to create and appoint sub- committees of the City Commission, Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 2. Revision Of Compensation For Mayor And City Commissioners. The City Charter currently provides for the payment of annual compensation in the amoun1 of $3,500.00 for the Commissioners and $5,000.00 for the Mayor. 11 is proposed tha1 the Charter be amended to provide for an increase in compensation, so that the Mayor will be paid $10,000.00 and Commissioners will be paid $7,500.00, per year. Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 3. Authority To Remove Members Of Boards And Agencies Appointed By The Mayor. The City Charter currently provides for members of City boards and agencies to be appointed by the Mayor subject to approval of the Ci1y Commission, but does not specifically recognize the Commission's authority to remove such members. It is proposed that the Charter be amended to provide that the City Commission, by majority vote, may remove members of boards and agencies appointed by the Mayor. Shall the above-described Charter Amendment be adopted? [ ] Yes 6 Resolution No. 2001-_ Page 7 [ ] No 4. Authority To Call Special Meetings Of The City Commission. The City Charter currently provides for the Mayor or four (4) members of the City Commission to have authority to call special meetings of the Commission. It is proposed that the Charter be amended to also authorize the City Manager to call special meetings of the Commission. Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No 5. Rotation Of Selection Of Outside Auditors. The City Charter currenlly provides for an independent annual audit of all City accounts, but does not specify that the accountants utilized for such audit must be periodically changed. It is proposed that the Charter be amended to provide that the work of conducting the independent annual audit be rotated to a new accountant or accounting firm at least every five (5) years. Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 6. Restriction On City Commission's Authority To Initiate City Charter Amendments. The City Charter currenlly enables the City Commission to submit to the City's electors, by ordinance, proposed amendments to the Charter. It is proposed that the Charter be amended to provide that the City Commission may not propose an amendment to the Charter by ordinance unless adopted by the affirmative vote of at least five (5) members of the City Commission. 7 Resolution No. 2001- Page 8 Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No 7, Charter Revision Commission. The City Charter currently provides for one member of the City Commission to serve on the Charter Revision Commission which periodically reviews the Charter. It is proposed that the Charter be amended to: (1) provide for an additional elector of the City to serve on the Charter Revision Commission, instead of a City Commission member; and (2) revise certain time frames for the Charter revision process. Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 8. No Discrimination In Use Of City Facilities. The City Charter currently prohibits discrimination against any person based upon race, religion, color, national origin, physical or mental disability, creed, sexual preference or sex. It is proposed that the Charter be amended to expand the prohibition against discrimination by providing that the City shall not adopt any policy regarding the use of City facilities that would discriminate against any person upon such basis. Shall the above-described Charter Amendment be adop1ed? [ ] Yes [] No 9. Revision Of Restriction On Maximum Length Of Service On City Commission. The City Charter currently provides that any Commissioner elected in the 1996 election may serve for a maximum of nine (9) consecutive years. It is 8 Resolution No. 2001-_ Page 9 proposed that the Charter be amended to enable Commissioners who were re- elected in the March 1999 election to serve a maximwn of eleven (11) consecutive years, so that such Commissioners may serve a complete third term in office if again re-elected. Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No Section 4. Ballotine:. That balloting shall be conducted between the hours of 7:00 a.m, until 7:00 p.m. on election day at 1he regular polling places for City elec1ions. Absentee ball01s shall be provided as authorized by law. All qualified City elec10rs who are timely regis1ered in accordance with law shall be entitled 10 vote. The City Clerk is authorized to obtain any necessary election administration services from the Miami-Dade County Supervisor of Elections. Section 5. Notice of Election. That notice of said elec1ion shall be published in accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the City at least 30 days prior to said election, the first publication to be in the fifth week prior to the election (to-wit: during the week commencing Sunday, April 8, 2001), and the second publication to be in the third week prior to the election (to-wit: during the week commencing Sunday, April 22, 2001), and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO. 2001- ADOPTED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA (THE "CITY") AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, THE 15TH DAY OF MAY, 2001, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE 9 Resolution No. 2001-_ Page 10 FOLLOWING CHARTER AMENDMENT PROPOSALS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. 1. Authority To Create And Appoint Sub-Committees Of The City Commission. The City Charter currently authorizes the Mayor to create and appoint sub- committees of the City Commission. It is proposed that the Charter be amended to remove the authority of the Mayor to create and appoin1 sub- committees of the Ci1y Commission. Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 2. Revision Of Compensation For Mayor And City Commissioners. The City Charter currently provides for the payment of annual compensation in the amount of $3,500.00 for the Commissioners and $5,000.00 for the Mayor. It is proposed tha1 the Charter be amended to provide for an increase in compensation, so that the Mayor will be paid $10,000.00 and Commissioners will be paid $7,500.00, per year. Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No 3. Authority To Remove Members Of Boards And Agencies Appointed By The Mayor. The City Charter currently provides for members of City boards and agencies to be appointed by the Mayor subject to approval of the City Commission, but does not specifically recognize the Commission's authority to remove such members. It is proposed that the Charter be amended to provide that the City Commission, by majority v01e, may remove members of boards and agencies appointed by the Mayor. 10 Resolution No. 2001-_ Page 11 Shall the above-described Charter Amendment be adop1ed? [ ] Yes [] No 4. Authority To Call Special Meetings Of The City Commission. The City Charter currently provides for the Mayor or four (4) members of the City Commission to have authori1y to call special mee1ings of the Commission. It is proposed that the Charter be amended to also authorize 1he City Manager to call special meetings of the Commission. Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 5. Rotation Of Selection Of Outside Auditors. The City Charter currently provides for an independent annual audit of all City accounts, but does not specify that the accountants utilized for such audit mus1 be periodically changed. It is proposed that the Charter be amended 10 provide that the work of conducting the independent annual audit be rotated to a new accountant or accounting firm at least every five (5) years. Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No 6. Restriction On City Commission's Authority To Initiate City Charter Amendments. The City Charter currently enables the City Commission to submit to the City's electors, by ordinance, proposed amendments to the Charter. It is proposed that the Charter be amended to provide that the City Commission may not propose an amendment to the Charter by ordinance unless adopted by the affirmative vote of at least five (5) members of the City Commission. II Resolution No. 2001-_ Page 12 Shall the above-described Charter Amendment be adop1ed? [ ] Yes [] No 7. Charter Revision Commission. The City Charter currently provides for one member of the City Commission to serve on the Charter Revision Commission which periodically reviews the Charter. It is proposed that the Charter be amended to: (1) provide for an additional elector of the City to serve on the Charter Revision Commission, ins1ead of a City Commission member; and (2) revise certain time frames for the Charter revision process. Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No 8. No Discrimination In Use Of City Facilities. The City Charter currently prohibits discrimina1ion against any person based upon race, religion, color, national origin, physical or menml disability, creed, sexual preference or sex. It is proposed that the Charter be amended to expand the prohibition against discrimination by providing tha1 the City shall not adopt any policy regarding the uSe of City facilities tha1 would discriminate against any person upon such basis. Shall the above-described Charter Amendment be adopted? [ ] Yes [] No 9. Revision Of Restriction On Maximum Length Of Service On City Commission. The City Charter currently provides that any Commissioner elected in 1he 1996 election may serve for a maximum of nine (9) consecutive years. It is 12 Resolution No. 2001-_ Page 13 proposed that the Charter be amended to enable Commissioners who were re- elected in the March 1999 elec1ion to serve a maximum of eleven (11) consecutive years, so that such Commissioners may serve a complete third term in office if again re-elected. Shall the above-described Charter Amendment be adopted? [ ] Yes [ ] No Polling place information and the full text of the proposed City Charter Amendments is available at the office of the City Clerk located at 2999 NE 191" Street, Suite 500, Aventura, FL 33180." Section 6. Copies. That copies of this Resolution proposing the Charter Amendments are on file at the offices of the City Clerk located at 2999 NE 191 st Street, Suite 500, Aventura, FL 33180, and are available for public inspection during regular business hours. Section 7. Effectiveness. That the Charter Amendments provided for in Section 1 above shall become effective if the majority of the qualified electors voting on the specific Charter Amendment vote for its adoption, and it shall be considered adopted and effec1ive upon certification of the election results. Following adoption of the Charter Amendments the City Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami- Dade County, Florida. Section 8. Inclusion In The Charter. Subject to the requirements of Section 7 above, it is the intention of the City Commission and it is hereby provided tha11he Charter Amendments shall become and made a part of the Charter of the City of A ventura; that the Sections of this Resolution may be renumbered or relettered to accomplish such intention. 13 Resolution No. 2001-_ Page 14 Section 9. Effective Date of Resolution. That this Resolution shall become effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner moved its adoption, The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur 1. Snyder PASSED AND ADOPTED this 6th day of February, 2001. , who , and ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 14 A FREE AND INDEPENDENT NEWSPAPER VOICE COMMUNITY NEWSPAPERS PUBLISHED MONDAY MIAMI, MIAMI-DADE, FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GEORGIA TAIT who on oath says she is OFFICE MANAGER of Legal Advertising of Community Newspapers, published Monday at Miami-Dade, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the Matter of NOTICE TO THE PUBLIC CITY OF AVENTURA in the XXXX newspaper In the Issue of Court, was published in saJd 1/24/01 Affiant further says that the said Community Newspaper, pub- lished at Miami-Dade County, Florida, and that the newspaper has heretofore been continuously published in said Miami-Dade County, Florida, and has been entered as second class mall matter at the post office In Miami, Florida, Miami-Dade County, and additional mailing offices; for a period of one yeal: next preceding the first publication of the attached copy of adver- tisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any rebate. commis- sion or refund for the purpose of securing this advertisement for publication in the said newspaper. AFFIANT worn to and subscribed before me this 24TH JANUARY ~ 2001 _,;~"o ~ (Pnel ~ typo ~.. P "",,",..10<>..::. of Nof.", P,...) (SEAL) JESUS C. TOLEDO NotIfY Public-State of Florida MyCommiSlioe Expim Apt. 10, 2005 .' ICC987629 My Commission Expires: Community Newspapers 6796 S.W. 62nd Avenue South Mleml, Florida 33143 (305) 669-73515, Ext 246 . Fax: (305) 669-8155 ........ II>> "CITY OF AVENTURA " . I' NOTICE OF PUBLIC HEARING ~~of~' CHARTER REVISION COMMISSION All interested persons are hereby advised that the CIty of " ~ - Aventura Charter Revisiohpommission will hold a public, hearing on Tuesday, January 30, 2001 at 7 p,m.atthe Biscayne Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, to discuss' revisionsto the City Charter, receive input from the public, c and formally adopt its final proposed revisions. -'C This event is open to the public. Notice purslIantto. Section 286.0105, Florida Statutes, if applicatJle:, :is"! . ' ' , '-', hereby incorporated by reIerence. ' In- accordance with the Americans with Disabilities Act of 1990; all' persons who' are disabled-and' who 'need 'speciaF accommodations' to: participate in this meeting because of that disability should cOAtacfthe office of the City Clerk, at 305-466-8901, not later than two days prioi:to' , such proceeding. ,.: '" " - '~"~:,''-:.'.-,; ^''- ' Anyone wishing: to_appeal;',aQy_gec:ision made by the'AventLira-chart~r:-- _,Revision' Commission with r\3spect to" ar:1Y ,m~tter~onsjdered.at any--~~'*o: .~: meeting or hearing "'.ill need a record of the proce~dings and, for; such,; purpose, may need to ensure that a verbatim record of theprocee9io9S . is made, which r~c~rd- includes, the: testimony :and.~vidence ,upon:-yjhich,-' - the appeal is to ~e ba5~d. ,. . ..' " c" :_, ' ,', ,:,-,,-":,',, ,"C' . _ :',,' _-,','. , Propos~drevisions may be,vrewed attheGovernment Centeroffices'.a~ , }~99 NE191st Street, Suite 500, ""ventura, Flqrida 33180;. ""nyone . - ~~ wishing to, obtain a copy of the' proposeo'c,revis'ions_ sbould"contaet t,he'-':: Office of the City Clerk at 305-466-8901. One or more members qt. the City of Aventura City Commission ana ,Advisory- Boards ,may be in attendance. - .: \:: : .!" Teresa M. Soroka; CMC, City'Clerk ,"".1 .. ,..'" r~ .'~ ,,-,-,-, """-"-', .-r"'-'-. .-<,."'-'.~~.."'..~,...--..-..-~ I . . . ~ '. ~'~ --. .-. - -. -, - .' - ., '- -, - -. ~. --.. - -,- - - - . -, ---- - ,- -, ,- -,- -,_.._, --- ,-,- ,- ;.:j Io::ootj 1:1''' II' - o"d'" ~ji)~::; 'i' i:t .. Q.~. lla e. a :I:... ... I ::r . II> N. C" ... ~"....al:""-~. ~ ~S",,~~~ ~ C1 ~" ~ =- 13 s=~. ff o' s- ~ ~ s. s= ; ~ ~I ~ ~ ! ~. ~ ~::~. 8- ~ g ~ ~ ~ _ .:. g:. i:lIt ~ . ~ = < "" t:S 0 t:S 0 '-4 t;g 1:0. ;... ... :I: II> t"'" ~ 0 ... 0 ~ ll> ::! Q ~"d \Jill 0 t:I 0 Ul ~ 0 =~ ~ :I:g;fDUl I :.::SUl~'tJS' .~OUl~ 011>-.... 't:I1'S. fD~ ...~"d~ ~ s= s:: :I: ~ ::r [13 J't ~ ~ ::s S.~ Ul. ~. ~. 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