2001-08 ORDINANCE NO. 2001 08
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 2 "ADMINISTRATION" ARTICLE III
"ADVISORY BOARDS" TO REPEAL DIVISION 2
"BEAUTIFICATION ADVISORY BOARD" AND DIVISION
3 "RECREATION AND CULTURAL ARTS ADVISORY
BOARD"; AND REPLACE THEM WITH NEW DIVISION 2
ENTITLED "COMMUNITY SERVICES ADVISORY
BOARD"; PROVIDING FOR CREATION; PROVIDING
FOR COMPOSITION AND QUALIFICATIONS; TERM OF
OFFICE; ADVISORY CAPACITY; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission desires to discontinue the Beautification
Advisory Board and Recreation and Cultural Arts Advisory Board, established by
Ordinance No. 96-10, as amended by Ordinance No. 96-23, and Ordinance No. 96-
24 as provided for in Section 2-121 through 2-156 of Article II "Advisory Boards" of
Chapter 2 "Administration"; and
WHEREAS, the City Commission desires to create a new Advisory Board, to
be known as the Community Services Advisory Board, to provide advice and
recommendations to the City Commission on matters concerning City beautification
projects, cultural arts, special events, youth programs, senior citizen programs and
recreational activities.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Division 2 "Beautification Advisory Board", Sections 2-121
through 2-126 and Division 3 "Recreation and Cultural Arts Advisory Board" Sections
Ordinance No. 2001-08
Page 2
2-151 through 2-156 of Article Ill "Advisory Boards" of Chapter 2 "Administration" of
the City Code, which read as set forth on Exhibit "A" attached hereto, are hereby
repealed.
Section 2. That Chapter 2 "Administration", Article III, "Advisory Boards" of
the City Code is hereby amended to create a new Division 2 entitled "Community
Services Advisory Board", to read as follows:
DIVISION 2. COMMUNITY SERVICES ADVISORY BOARD
Sec. 2-121. Creation, Composition and Qualifications.
(a) There is hereby created and established the City of Aventura Community
Services Advisory Board (the "Board") consisting of thirteen (13) members
who shall be appointed by the Mayor, subject to the approval of the City
Commission. Members of the Board shall be appointed in accordance
with procedures established by the City Commission and shall hold office
at the pleasure of the City Commission. Members of the Board shall serve
without compensation and shall not be reimbursed for travel, mileage, or
per diem expenses.
(b) Each member of the Board shall be a qualified elector of the City of
Aventura who has continuously resided within the City for the six (6)
month period immediately prior to the appointment, and shall not be an
employee of the City. Any member who ceases to reside within the City
Limits during his or her term of office shall be deemed to have resigned as
of the date of his or her change of residence from the City. In the event of
the resignation or removal of any member of the Board, the Mayor shall
appoint a person to fill the vacancy on such Board for the unexpired
Ordinance No. 2001-08
Page 3
portion of the term of the member vacating such office, subject to approval
of the City Commission. In appointing members of the Board, the
following guidelines shall be considered:
1. Expressed interest and/or experience in landscape design and
architecture, beautification projects, youth and/or senior citizen
programs, recreation activities, culture and the arts.
2. Evidence of a commitment to serve and act in the best interests of
the citizens of Aventura.
(c) In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event
that a member has three (3) unexcused absences in a calendar year, then
in that event such member shall be subject to removal as a member of the
Board by vote of two-thirds (2/3) of the remaining members of the Board.
The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and provide necessary staff support for the Board.
Sec. 2-122. Term of Office. Board members selected by Commission
nomination shall serve for a term of one year and may be re-appointed.
Board members selected by the application process shall serve for a two-year
term and may be re-appointed.
Sec. 2-123. Advisory Capacity. The powers and duties of the Board shall be
solely of an advisory nature to the City Commission and City Manager.
Sec. 2-124. Rules of Procedure.
Ordinance No. 2001-08
Page 4
(a) The Board shall adopt rules of procedure not inconsistent with the
Ordinances of the City and the laws of the State of Florida and shall utilize
Robert's Rules of Order recently revised 1990 Edition for the rules of
procedure for the conduct of meetings of the Board. The Board may
create additional rules for the conduct of its internal proceedings.
(b) During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman, both of whom
shall serve one term only.
(c) Nine (9) members shall constitute a quorum for the transaction of
business of the Board. Official action shall be taken by the Board only
upon the concurring vote of a majority of the members present at an
official meeting of the Board, except that at least seven (7) affirmative
votes shall be required for official action.
Sec2-125. Jurisdiction. The jurisdiction of the Board shall be solely
advisory. Action of the Board shall be in the form of a written
recommendation of advice to the City Manager and City Commission. The
following matters shall be within the advisory jurisdiction of the Board:
· Stimulate greater public awareness and appreciation of the importance of
beautification, recreation and cultural arts in the City.
· Assist in the formulation of special events, recreation activities, senior,
youth and cultural programs.
· Provide recommendations on landscaping and beautification projects.
· Promote the sponsorship of cultural arts and special events by community
and civic organizations.
· Encourage and facilitate opportunities for City residents to participate in
various cultural events and activities.
· Act as the City's tree board for the Tree City USA requirements.
· Other matters assigned by the City Commission and City Manager.
4
Ordinance No. 2001-08
Page 5
Sec. 2-126. Standards of Conduct for Members. All members of the Board
shall be subject to the Standards of Conduct for Public Officers and
Employees set by Federal, State, County or other applicable law pursuant to
City Charter Section 7.03.
Section 3. Severability. That the provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance
shall for any reason be held to invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses, and phrases of this
Ordinance but they shall remain in effect, it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Section 4, Inclusion in the Code. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Code of the City of Aventura; that the sections of
this Ordinance may be renumbered or relettered to accomplish such intentions; and
that the work "Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved
its adoption on first reading. The motion was seconded by Commissioner Grossman,
and, upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
5
Ordinance No. 2001-_0_8
Page 6
The foregoing Ordinance was offered by Commissioner Rol~ers-I. ibert ,
who moved its adoption on second reading. The motion was seconded by
Commissioner Cohen ., and, upon being put to a vote, the vote
was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin 3,es
Commissioner aanny Grossman
Commissioner Harry Holzberg ),es
Commissioner Patricia Rogers-Liber~ yes
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED on first reading this 5th day of June, 2001.
PASSED AND ADOPTED on second reading this 3rd day of July, 2001.
,,,J~_FI~REY M~ERLOW, MAYOR
T~E~SA M. ~ )KA,ICMC ' CLERIC,,..._
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY