06-08-1995MINUTES
AVENTURA CHARTER COMMISSION
THURSDAY, JUNE 8, 1995
1. ROLL CALL: The meeting was called to order by Chairman Young. Those present
were Commissioners Irene Barouh, George Feller, Dr. Mary Pankowski, and Chairman Burton
Young. Also present were Charter Commission Attorney Richard Jay Weiss and Counsellor
Howard Lenard. Vice Chairman Leonard Brenner was absent. As a quorum was determined to
be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ginger Grossman, of the Greater Aventura Tumberry
Citizens Association, Inc., led the Pledge of Allegiance.
3. APPROVAL OF MINUTES: The minutes of the meeting of May 30, 1995 were read
by Commissioner Barouh. Commissioner Feffer requested the address of resident June Stevens
be included in the minutes. Ms. Stevens stated her address as 20412 Belle Vista Court,
Aventura. Chairman Young requested that the motion made by Commissioner Barouh relative
to the retention of legal counsel for the Commission be amended to read as follows: Motion was
made by Commissioner Barouh and seconded by Vice Chairman Brenner, that Mr. Weiss be
retained by the Commission to ~i~i~ili~i~i?~!ii~ii~ilprepare~ii~ the Charter for
Aventura at a fee of $150 per hour, not to exceed $15,000, plus expenses. By unanimous
consent, the minutes were approved, as amended.
4. DISCUSSION AND COMMISSION ACTION OF MISCELLANEOUS CHARTER
PROVISIONS:
Chairman Young suggested that as the Commission discusses and votes on the provisions
to be included in the Charter, that the Charter incorporate comments of the Commission so that
future leaders of this local government will be apprised of the opinion of the Commission in
preparation of the Charter.
A. PURCHASING: Mr. Weiss explained to the Commission that under Chapter 166
of the Florida Statutes, only minimal guidelines are provided to municipalities relative to
purchasing, such as hiring of certified professionals, large public works projects, etc. Very little,
if anything at all addresses purchases such as police cars, office supplies, etc. He stated that the
Commission could limit the powers of the local government by providing guidelines in the
Charter or by not addressing this issue in the Charter, the municipality would have broad powers
as provided under Florida law. He then read that portion of the Charter of the Village of Key
Biscayne pertaining to purchasing/competitive bid requirements.
Chairman Young requested input from the public. Those citizens who spoke to the
Commission relative to this issue were: Arthur Berger, 1000 Island Blvd. Williams Island;
Donald Brody, 4000 Island Boulevard; June Stevens, 20412 Belle Vista Court; and Attorney
Howard Lenard, 17011 NE 19th Avenue, North Miami Beach.
Chairman Young then requested comments from Commission members. Dr. Pankowski,
Commissioner Barouh and Commissioner Feffer suggested that a similar provision to that of the
Village of Key Biscayne be provided in the Aventura Charter. Chairman Young expressed
concern that the provision was too broad and should be more specific, to avoid situations that
might destroy the sanctity of competitive bidding.
After extensive discussion relative to competitive bidding, a motion was made, seconded
and unanimously passed by voice vote that a provision be included in the Aventura Charter
relative to purchasing, to read as follows:
Section . Competitive bid requirement.
Contracts for public improvements and purchases of supplies,
materials or services shall be awarded or made on the basis of clearly
drawn specifications and competitive bids, by the affirmative vote of
Councilmembers.
Mr. Weiss advised the Commission that Roberts Rules of Order provide for a motion to
fill in the blank and upon determination of the number of Councilmembers in the Aventura
government, the blank in this motion could be filled in.
Comments for inclusion in the Charter are as follows:
Public opening of bids is important and should be done by Ordinance.
A dollar amount limit should be provided on purchases made by the City Manager
outside of the competitive bidding process, as adopted by Ordinance.
B. CONFLICTS OF INTEREST~ETHICAL STANDARDS. Mr. Weiss provided
the Commission with portions of a Model Charter and the Charter of the Village of Key Biscayne
relative to conflicts of interest and ethical standards. He explained to the Commission that
Florida law provides a strict code of ethics for public employees relative to conflicts of interest,
feathering your own nest, employing relatives, etc.
Those members of the public addressing the Commission on this issue were: Joseph
Platnick, 18071 Biscayne Boulevard; Arthur Berger; and Wilma Morrison, 20100 West Country
Club Drive.
After discussion, motion was made, seconded and unanimously passed, that a provision
be included in the Charter relative to conflicts of interest and ethical standards to read as follows:
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Section __ Conflicts of interest; ethical standards.
Ali trustees, officials and employees of the City shah be subject
to the standards of conduct for public officers and employees
set by county, state, federal and other applicable law.
C. VOTING REQUIREMENTS. Mr. Weiss explained that Roberts Rules of Order
provide that a majority present constitutes a quorum and a majority of the quorum is necessary
to take action. However, should the Commission members wish to provide otherwise, they may
do so by providing for same in the Charter.
Chairman Young requested input from the public on this issue and those addressing the
Commission were as follows: William Heiberger, 20379 West Country Club Drive; Patricia
Rogers Libert, 21155 Helmsman Drive, Harbor Village, the Waterways; Judge Arthur Snyder,
20505 East Country Club Drive; Ronald Pallott, 3900 Island Boulevard, Williams Island; Henry
Steckler, 20400 West Country Club Drive; Arthur Berger; Bernie Weinstein, 20101 East Country
Club Drive; Howard Lenard; and George Berlin, 1940 NE 194th Drive, North Miami Beach.
Several different options were discussed, including the following:
2.
3.
4.
Of 7 members, 4 constitute a quorum, 3 votes necessary to take action
Of 7 members, 4 constitute a quorum, 4 votes necessary to take action
Of 7 members, 5 constitute a quorum, 4 votes necessary to take action
Any one of the above, with specified votes necessary for certain actions such as
financial matters.
It was the consensus of the public that option 3 above be included in the Charter. A
motion was made by Commissioner Feffer and seconded by Commissioner Barouh to provide for
7 members present, 5 constituting a quorum and 4 votes necessary to take action. The motion
failed, with Commissioners Feffer and Barouh voting yes and Chairman Young and
Commissioner Pankowski voting no. This matter was deferred until the next meeting when all
members of the Commission are present. Mr. Weiss stated that he would draft the options in
writing and provide to the Commission.
D. PERSONNEL. Mr. Weiss advised the Commission that Florida is an "at will"
employment state. Employees can be fired, as in private business, at the discretion of the
employer, except employees covered by collective bargaining agreements. Several municipalities
in Florida are silent on this issue. Most municipalities, however, provide a due process (civil
service) for hiring and firing employees.
Those members of the public who spoke to the Commission relative to this issue were as
follows: Irving Littman, 3600 Mystic Point Drive, North Miami Beach; Sol Talidgeman, 20201
NE 29th Court; June Stevens, Sy Berger, Arthur Berger, George Berlin, Ronald Pallott, and
Bernie Weinstein.
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The Commission members engaged in discussion relative to the provision of the Village
of Key Biscayne Charter for its personnel system. At the close of discussion, a motion was made
by Dr. Pankowski, seconded by Commissioner Barouh and unanimously passed by voice vote that
the following provision be included in the Aventura Charter, to read as follows:
Section . City personnel system; merit principle.
All new employments, appointments and promotions of City
officers and employees shall be made pursuant to personnel
procedures to be established by the Manager from time to time.
E. LIMITATION OF GOVERNMENTAL POWERS. Mr. Weiss advised the
Commission that they could prohibit certain activities within the City by Charter provision. An
example would be casino gambling. Chairman Young requested that Mr. Weiss provide a list
to the Commission of issues that could be excluded from the City. He then would like public
input as to the issues to be excluded.
F. OTHER GOVERNMENTAL FUNCTIONS. No discussion.
G. OTHER ITEMS. Discussion then ensued regarding the issue of discrimination.
Those members of the public addressing this issue were: Patrieia Rogers Libbard, Arthur Berger,
and Bernie Weinstein. After discussion, a motion was made, seconded and unanimously passed
by voice vote that a total and complete non-discrimination clause be included in the Charter.
Chairman Young then advised the Commission and those citizens present that he would
like their input at a future meeting as to the subject of weaponry and whether or not they would
like the Charter Commission to address this issue.
5. BUSINESS MEETING:
A. PREPARATION OF MINUTES. Mr. Weiss advised the Commission that he had
received an offer from a citizen to volunteer her services to the Commission in preparation of the
minutes. It was the decision of the Commission that Mr. Weiss's secretary, Teresa Smith,
continue preparing the minutes, as previously agreed.
B. BUDGET. Although Commissioner Barouh stated that she had prepared the
budget and submitted it to Commissioner Margolis's office, there were still some issues to be
resolved before Commissioner Margolis's office could submit the document to the Commission.
Chairman Young requested that Commissioner Barouh and Mr. Weiss meet with County Attorney
Ginsburg to finalize the budget.
C. BOUNDARY SURVEY. Mr. Weiss brought to the Commission's attention that
it will be necessary to include a boundary survey of Aventura in the Charter. Chairman Young
appointed Commissioners Feffer and Barouh to inquire as to the costs involved in the preparation
of the boundary survey.
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6. OTHER BUSINESS: There was no further business to come before the Commission.
7. ADJOURNMENT: After motion made, seconded and unanimously passed, the meeting
adjoumed.
Prepared by:
Teresa M. Smith
Approved this ~_ day of .~,~7/tL~, 1995.
Irene Barouh, Secretary
Anyone wishing to appeal any decision made by the Charter Commission with respect to
any matter considered at such 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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