07-13-1995 MINUTES
AVENTURA CHARTER COMMISSION
THURSDAY, JULY 13, 1995
1. ROLL CALL: The meeting was called to order by Chairman Young. Those present
were Commissioners Irene Barouh, George Feffer, Dr. Mary Pankowski, Vice Chairman Leonard
Brenner and Chairman Burton Young. Also present was Charter Commission Attorney Richard
Jay Weiss. Counsellor Howard Lenard was absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Marian Nesbitt led the Pledge of Allegiance.
3. APPROVAL OF MINUTES: The minutes of the meeting of July 6, 1995 were read by
Commissioner Barouh. The Commission requested that the minutes reflect the following changes:
on page one, the word "forum" to "form"; the correct spelling of Samantha Yakutiel's name; and
on page four, the unanimous passage of the motion to utilize the services of the Metro-Dade
County Fire Rescue Department. After motion made, seconded and unanimously passed, the
minutes were approved as amended.
Chairman Young requested that the minutes reflect that the Commission is indebted to Mr.
Weiss's assistant, Teresa Smith, for her preparation of the minutes.
Vice Chairman Brenner and Chairman Young expressed their appreciation to the members
of the Aventura community for their show of support in attending the Dade County Commission
meeting relative to incorporation.
4. LENGTH OF RESIDENCY REQUIREMENT FOR COUNCILMEMBERS: Mr.
Weiss explained that this matter had been discussed at a previous meeting and deferred until such
time as it could be addressed by all five members of the Commission. The following members
of the public offered input to the Commission: Marian Nesbitt, the Landmark; Bob Hollander,
1000 E. Island Blvd.; Richard Lamondin, 11901 Yacht Club Drive; Ginger Grossman, 20100 W.
Country Club Drive; Dan Palmer, 7601 E. Treasure Drive, North Bay Village; Ruby Steiner,
20301 W. Country Club Drive; Patricia Rogers Libert, 21155 Helmsman Drive, Harbor Village,
The Waterways; Art Grossman, 20100 W. Country Club Drive; Samantha Yakutiel, 3530 Mystic
Point Drive; June Stevens, 20412 Belle Vista Court; Ken Cohen, 3701 N. Country Club Drive;
Dr. Paul Leifer, 19667 Turnberry Way; Susan Fried, 1875 NE 197th Terrace, Skylake; and Jacob
Cohen, 3475 N. Country Club Drive.
After discussion by Commission members, a motion was made by Vice Chairman Brenner
and seconded by Commissioner Feffer that the length of residency requirement for
Councilmembers be one year. The motion passed unanimously by roll call vote.
5. NUMBER OF RESIDENCE/AT LARGE DISTRICTS: Mr. Weiss reminded the
Commission that they had previously passed a motion providing for Councilmembers to be
elected at large from districts and the next issue to be addressed was how may districts the area
comprising the City of Aventura would be divided into. Commissioner Feffer provided the
Commission with a map prepared by the Dade County Elections Department showing the present
make-up of precincts in the Aventura area.
The following addressed the Commission on this subject: Ken Cohen; Ginger Grossman;
Jacob Cohen; Maurice Ward, Point East; Professor George Katzman, Flamenco Towers; Samantha
Yakutiel; Bob Hollander; Bill Heiberger, 20379 W. Country Club Drive; Manny Grossman,
20335 W. Country Club Drive; Ruby Steiner; Patrieia Rogers Libert; Richard Lamondin; Susan
Fried; Maurice Gans, 3500 Mystic Point Drive; June Stevens; Art Grossman; Bob Diamond, 3000
Island Boulevard; Bernard Schoenfeld, 20301 W. Country Club Drive; and Harry Crook,
Commodore Plaza.
A motion was made by Vice Chairman Brenner and seconded by Commissioner
Pankowski that the Commission reconsider its previously passed motion providing for Council
election by residence districts. Mr. Weiss advised the Commission that a motion to reconsider
an item passed at a previous meeting was inappropriate and should be a motion to rescind the
previous action. He also noted that in fairness to those interested parties who were not advised
that this matter would be re-heard at this meeting, that the matter should be re-noticed and
addressed at a future meeting. Taking counsel's advice into consideration, Chairman Young
stated that Vice Chairman Brenner's motion to reconsider was inappropriate, and out of order.
Vice Chairman Brenner withdrew his motion.
A motion was then offered by Commissioner Barouh and seconded by Commissioner
Feffer that the area comprising the City of Aventura be divided into three areas, with at-large
voting. Commissioner Feffer stated that although he would prefer three areas, after further
consideration and conferring with the Dade County Elections Department, he determined that it
would logistically be unfeasible to do so. He suggested that Aventura be divided into two
residence areas.
Chairman Young requested that districts be referred to as "areas." He then offered a
motion, which was seconded by Commissioner Feffer, that Commissioner Barouh's motion be
amended to provide that the area comprising the City of Aventura be divided into two residence
areas, with the dividing line being the William Lehman Causeway, that two Councilmembers be
elected from each area and two Councilmembers be elected at large, and that in the future should
the areas become imbalanced in the electorate, that the boundaries be re-drawn. The motion
passed 4-1, with Vice-Chairman Brenner voting no.
The next item to be addressed was how the Councilmembers would run, either in a pack
or in seats.* Art Grossman, Ken Cohen, Harry Crook, Manny Grossman, Ruby Steiner, Jacob
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Cohen, Dan Palmer, Susan Fried, Bob Diamond, Ginger Grossman, Professor Katzman, and
George Berlin, 1940 NE 194th Drive, North Miami Beach addressed the Commission. Much
concern was expressed as to the appropriate manner in which to divide the City of Aventura into
residence areas. In an effort to provide the most appropriate and fair manner in which to resolve
the question of residence areas, Chairman Young requested that counsel provide the Commission
with a legal opinion, and deferred this item until such time as counsel's opinion was received.
6. CORRESPONDENCE RECEIVED: For information only. No action taken.
7. OTHER BUSINESS: Vice Chairman Brenner requested that Mr. Weiss research the
issue of restricting time-sharing in the City of Aventura through a Charter provision. Mr. Weiss
stated that an issue of this nature is generally regulated by ordinance, not through the Charter,
but he would research and report back to the Commission.
Chairman Young stated that he would confer with Mr. Weiss as to the date of the next
Commission meeting and would provide notice to the Commission and the public as soon as a
meeting had been scheduled.
8. ADJOURNMENT: There being no further business to come before the Commission, the
meeting adjourned.
Prepared by:
Teresa M. Smith
Approved this day of , 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.
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