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07-06-1995 MINUTES AVENTURA CHARTER COMMISSION THURSDAY, JULY 6, 1995 1. ROLL CALL: The meeting was called to order by Chairman Young. Those present were Commissioners Irene Barouh, George Feffer, Vice Chairman Leonard Brenner and Chairman Burton Young. Also present was Charter Commission Attorney Richard Jay Weiss. Dr. Mary Pankowski and Counsellor Howard Lenard were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mr. Ted Cohen led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: The minutes of the meeting of June 29, 1995 were read by Commissioner Barouh. There being no changes or additions thereto, after motion made, seconded and unanimously passed, the minutes were approved as read. Chairman Young explained the form of the meeting, stating that the public would be invited to address the Commission on each issue for a time limit of two minutes per individual and that upon completion of public input, the Commission would then discuss each issue and at the close of discussion, a vote would be taken by the Commission. 4. VOTING REQUIREMENTS: A. REGULAR VOTES/QUORUM: Mr. Weiss provided the Commission with three possible choices for consideration regarding regular votes. Chairman Young then requested input from the public. The following individuals addressed the Commission: Harry Crook, Commodore Plaza; June Stevens, 20412 Belle Vista Court; Samantha Yakutiel, 3530 Mystic Point Drive; and Bob Hollander, 1000 E. Island Boulevard. After discussion by Commission members, a motion was made by Vice Chairman Brenner and seconded by Commissioner Barouh that the Charter provide that four Council members constitute a quorum and four positive votes are required to pass a regular item. The motion passed unanimously by roll call vote. B. VOTING ON SPECIAL ITEMS: Mr. Weiss explained to the Commission that in some municipalities, there are special voting requirements for certain unique, special, highly important issues. i. CHARITABLE CONTRIBUTIONS: The following individuals addressed the Commission relative to this issue: Ruby Steiner, 20301 W. Counlxy Club Drive; Jacob Cohen, 3475 N. Country Club Drive; and Stanley Madisow, Commodore Plaza. At the close of discussion by the Commission, a motion was made by Commissioner Barouh and seconded by Commissioner Feffer that the City shall not make a charitable contribution to any person or entity, except such contributions as have been approved by all seven Council members. After further discussion, this motion was amended by Chairman Young and seconded by Commissioner Barouh to provide that any charitable contribution must be approved by six Council members. The motion passed unanimously by roll call vote. ii. BORROWING. Ginger Grossman, 20100 W. Country Club Drive; Samantha Yakutiel, Joyce Fox, 19101 Mystic Point Drive and Professor George Katzman, N. Country Club Drive; Michael Gelderman, Portsview Townhomes; and Ruby Steiner offered input to Commission members relative to this issue. After discussion by Commission members, a motion was made by Commissioner Feffer and seconded by Vice Chairman Brenner that the City shall incur no debt unless such incurrence is approved by at least six Council members. The motion was amended by Chairman Young and seconded by Commissioner Feffer that the City shall incur no debt until the Council has received and reviewed a feasibility study provided by the City Manager and Financial Officer concluding that sufficient revenues are available to repay the funds, that the funds are being borrowed for a valid purpose and that the incurrence of debt must be approved by five Council members. The motion passed unanimously by roll call vote. iii. MEETING TIME LIMITS: Mr. Weiss explained that as meetings proceed late in the evening, the atmosphere becomes unproductive and important decisions should not be made during that time. He suggested that the Commission may wish to provide for time limits for meetings. The following members of the public offered input:* Ruby Steiner; George Berlin, 1940 NE 194th Drive, North Miami Beach; and Marian Nesbitt, the Landmark. After discussion by the Commission, a motion was made by Chairman Young and seconded by Commissioner Barouh that no meeting of the Aventura City Council shall extend past midnight without the affirmative vote of five coUnCil members. The motion passed by roll call vote, with Vice Chairman Brenner voting no and Commissioners Barouh, Feffer and Chairman Young voting in favor of the motion. iv. COMPETITIVE BIDDING: Mr. Weiss reminded the Commission that in previously providing for waiver of the competitive bidding process in cases where Council specifically determines it to be impracticable to do so, the number of affirmative votes required for any waiver was left to be determined subsequent to the Commission voting on the total number of Council members for the City of Aventura. As that determination has been made, the Commission must now vote on the number of affirmative votes required to waive the competitive bidding process. The following members of the public addressed the Commission relative to this issue: Professor George Katzman, Samantha Yakutiel, Bob Hollander, George Berlin, William Heiberger, 20379 West Country Club Drive; June Lebowitz, 20379 W. Country Club Drive; Bernie Weinstein, The Terraces; Michael Gelderman and June Stevens. 2 A motion was made by Commissioner Barouh and seconded by Vice Chairman Brenner that five affirmative votes of Council are required in order to waive the competitive bidding process. The motion passed unanimously by voice vote. 5. REVOLVING DOOR: There being no public input relative to this issue, a motion was made by Commissioner Barouh, seconded by Vice Chairman Brenner and unanimously passed by voice vote that no elected City official shall hold any appointive City office or employment while in office and no former elected City official shall hold any compensated appointive City office or employment until one year after the expiration of his/her tenn. 6. INITIATIVE AND REFERENDUM: Mr. Weiss explained that initiatives and referendums are processes through which voters can repeal and propose ordinances themselves. He provided Commission members with copies of similar provisions in two Dade County municipalities. The members of the public who addressed the Commission on this issue are: Professor George Katzman; Bob Hollander; Bernie Weinstein; Richard Lamondin, 19901 Yacht Club Drive; Michael Gelderman and Ruby Steiner. After discussion, a motion was made by Commissioner Feffer and seconded by Vice Chairman Brenner that a provision for initiative and referendum be incorporated into the Aventura Charter and that petitions for initiative and referendum require the signatures of twenty percent of the electors of the City. By roll call vote, the motion passed unanimously. 7. COUNCIL COMPENSATION: Mr. Weiss noted that some municipalities provide compensation to Council members and some do not, and that this may be provided for in the Charter. The following members of the public offered input relative to this issue: June Stevens; Ruth Deming, Admiral's Port; Ruby Steiner; Bob Hollander; Sol Talidgeman, 20201 NE 29th Court; Judge Arthur Snyder, 20505 East Country Club Drive; Bernie Weinstein; Ted Cohen; Jacob Cohen; and Len Holland, The Waterways. After extensive discussion by Commission members, a motion was made by Commissioner Barouh and seconded that the annual compensation of Council members shall be $5,000.00 and the annual compensation of the Mayor shall be $7,500.00. The motion was amended by Commissioner Feffer and seconded by Vice Chairman Brenner that the annual compensation for Council members shall be $2,000.00 and the annual compensation for the Mayor shall be $2,500.00, plus full reimbursement of expenses as provided by ordinance for all Council members.* The motion was further amended by Chairman Young and seconded by Commissioner Feffer that Council members be compensated in the amount of $3,500.00 annually and that the Mayor be compensated in the amount of $5,000.00 annually. The motion passed unanimously by voice vote. 8. TRANSITION PROVISIONS: Mr. Weiss suggested to the Commission that the Charter provide for the adoption of the Metropolitan Dade County Code as the Aventura Code of Ordinances until such time as the City 3 government enacts their own Code of Ordinances, which process may be done over an extended period of time. By example, he noted that the Village of Key Biscayne, after three years of incorporation, is still largely governed by County Ordinances. The following members of the public addressed this issue: Len Hollander, Marian Nesbitt, Bob Hollander, Ruby Steiner and Bernard Charles Feld, 20301 W. Country Club Drive. After discussion by Commission members, a motion was made by Vice Chairman Brenner and seconded by Commissioner Feffer, that the City adopt the Code of Ordinances of Metropolitan Dade County to be the governing laws of Aventura, until such time as they are amended by City Ordinances. The motion passed unanimously by voice vote. After explanation by Mr. Weiss of the need for an interim governing body, a motion was made by Vice Chairman Brenner and seconded by Commissioner Barouh that the following provision be included in the Aventura Charter: Interim Governing Body: After adoption of this Charter, but prior to the election and acceptance of office of the first elected City Council, the governing body for the City shall be the Dade County Board of County Commissioners. In acting as the governing body for the City during this interim period, the Dade County Board of County Commissioners shall not make decisions which could reasonably be postponed until the election of the City Council or which would materially alter or affect the status quo within the City boundaries. The motion passed unanimously by voice vote. 9. FIRE: After input from the following individuals: Ruby Steiner, Morris Gans of Mystic Point, Emanuel Bright of Admiral's Port, Judge Arthur Snyder, and Marian Nesbitt, and discussion by the Commission, a motion was made by Commissioner Barouh and seconded by Commissioner Feffer that the City of Aventura utilize the services of the Metro-Dade County Fire Rescue Department. The motion passed unanimously. 10. POLICE: Following input from Mr. Steiner and Mr. Gans and discussion by the Commission, no action was taken on this issue. 11. OTHER BUSINESS: i. BUDGET: Mr. Weiss advised the Commission that he and Chairman Young would be meeting with County Attorney Ginsburg within the next week to discuss the budget. ii. SURVEY: Mr. Weiss also informed the Commission that he is awaiting a response from Senator Margolis's office relative to the survey. Chairman Young announced that the next meeting of the Aventura Charter Commission has been scheduled for Thursday, July 13, 1995 and that the meeting of July 20, 1995 is canceled. 4 12. ADJOURNMENT: There being no further business to come before the Commission, after motion made, seconded and unanimously passed, the meeting adjourned. Prepared by: ~eresa M. Smith Approved this 1995 Irene Barouh, Secretary *Break in videotape. 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. 5