96-33 ORDINANCE NO. 96-33
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD; PROVIDING
FOR CREATION, COMPOSITION AND QUALIFICATIONS;
TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND
RESPONSIBILITIES; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Planning Advisory Board, to provide advice and recommendations to
the City Council on matters concerning planning, development and redevelopment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of Aventura Planning
Advisory Board, (the "Board") consisting of seven (7) members who shall be appointed by
the Mayor, subject to the approval of the City Council. The City Council may increase the
size of the Planning Advisory Board for the purpose of establishing subcommittees as
provided in Section 4.C. of this Ordinance. Each member of the City Council may
recommend appointments to the Mayor. Members of the Board shall hold office at the
pleasure of the City Council. 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 appointment, and shall not be an employee of the City. Any member
who ceases to reside within the City Limits dudng 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 portion of the term of
the member vacating such office, subject to approval of the City Council.
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.
D. The City Manager shall provide necessary staff support for the Board. The
City Attorney shall serve as legal advisor to the Board.
Section 2. Term of Office. The initial term of office for members of the Board
shall be from the date of adoption of the Ordinance creating the Board until November 3,
1998. Thereafter, terms of office for members of the Board shall be for a period of one (1)
year, with eligibility for reappointment.
Section 3.
A. Rules of Procedure. The Board shall adopt rules of procedure in accordance
with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial
proceedings and other rules of procedure which are not inconsistent with the Ordinances
of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of
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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.
C. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Each official action shall be taken by the Board only upon the vote of at least
four (4) of its members.
Section 4. Jurisdiction. The powers and duties of the Board shall be solely of
an advisory nature. Action of the Board shall be in the form of a wdtten recommendation
of advice to the City Council and City Manager.
A. The following matters shall be within the advisory jurisdiction of the Board:
1. Provide recommendations relative to the preparation of the City's
Comprehensive Plan and related sub-elements;
2. Provide recommendations relating to the creation of the City's Land
Development Code and Zoning Code provisions;
3. Provide recommendations for amendments to existing City Zoning Code
provisions.
4. Provide recommendations relating to the formation of economic development
and redevelopment policy and creation of appropriate Comprehensive Plan
sub-elements.
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5. Other matters of planning assigned to the Board by the City Council.
B. The jurisdiction of the Board conferred pursuant to paragraph 4.A.1 above shall
not be effective until the City Manager initiates the Comprehensive Plan
preparation process.
C. The City Council may create sub-committees of the Planning Board to assist in
the preparation of the Comprehensive Plan. The appointments to the sub-
committees shall be in conformance with this Ordinance.
Section 5. 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 6. Severabilit¥. 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 be 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 7. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert no
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on second reading. The motion was seconded by Councilmember Rogers-
Libert, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED on first reading this 2nd day of July, 1996.
PASSED AND ADOPTED on second reading th~s 1~,7th day of December, 1996.
ARTHUR I. SNYDEI~, M/~YOR
ATTEST'
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
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