2001-015 RESOLUTION NO. 2001-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER
AS PROPOSED BY THE CHARTER REVISION COMMISSION, IN
ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER;
SUBMITTING PROPOSED CHARTER REVISIONS CONCERNING
SECTION 2.02 "MAYOR AND VICE MAYOR," SECTION 2.06
"COMPENSATION; REIMBURSEMENT FOR EXPENSES," SECTION
3.11 "CITY BOARDS AND AGENCIES," SECTION 4.01 "COMMISSION
MEETING PROCEDURE," SECTION 4.11 "INDEPENDENT AUDIT,"
SECTION 6.02 "PROCEDURE TO AMEND," SECTION 7.06 "CHARTER
REVISION," SECTION 7.09 "NO DISCRIMINATION," SECTION 8.07
"INITIAL ELECTION OF COMMISSION AND MAYOR;" PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; CALLING A SPECIAL ELECTION ON THE
PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY THE 15TH DAY OF MAY, 2001; PROVIDING NOTICE
OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision
Commission has determined that revision is needed to the City Charter and has submitted
proposed amendments to the City Charter (the "Charter Amendments") to the City Commission;
and
WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is
required to submit the Charter Amendments to the electors of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Charter Amendments. That pursuant to Section 7.06 of the City Charter and
Section 5.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura,
Resolution No. 2001-15
Page 2
Florida is hereby amended by amending the City Charter Sections described below in Parts A-
Part I, as follows:~
Part A. That Section 2.02 "Mayor and Vice Mayor" of the City Charter, is amended by
revising subsection (a) "Mayor" of this Section to read as follows:
Section 2.02. Mayor and Vice Mayor.
(a) Mayor. The Mayor shall preside at meetings of the Commission, and
be a voting member of the Commission, ..~
~..~. ....: ...... c .~.~ r-^~:~.:~ The Mayor shall be recognized as
head of City government for all ceremonial purposes and for purposes of
military law, for service of process, execution of duly authorized
contracts, deeds and other documents, and as the City official designated
to represent the City in all dealings with other governmental entities. The
Mayor shall annually present a state of the City message.
Part B. That Section 2.06 "Compensation; Reimbursement for Expenses" of the City
Charter is amended to read as follows:
Section 2.06. Compensation; Reimbursement for Expenses.
Commissioners shall receive compensation in the amount of $7,500
e~,~,~<nn per fiscal year. The Mayor shall receive compensation in the
amount of $10,000,~,~er n^^ per fiscal year. The Mayor and Commission
shall also receive reimbursement in accordance with applicable law, or as
may be otherwise provided by ordinance, for authorized travel and per
diem expenses incurred in the performance of their official duties.
Part C. That Section 3.11 "City Boards and Agencies" of the City Charter, is amended to
read as follows:
Section 3.11. City Boards and Agencies.
Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by
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Resolution No. 2001-15
Page 3
Except as otherwise provided by law, the Commission shall establish or
terminate such boards and agencies as it may deem advisable from time to
time. The boards and agencies shall report to the Commission. Members
of boards and agencies shall be appointed by the Mayor subject to the
approval of the Commission. The City Commission by affirmative vote of
a majority of its members may remove members of boards and agencies
appointed by the Mayor.
Part D. That Section 4.01 "Commission Meeting Procedure" of the City Charter is
amended by revising subsection (a) "Meetings" of this Section, to read as follows:
Section 4.01. Commission Meeting Procedure.
(a) Meetings. The Commission shall hold at least 11 regular monthly
meetings in each calendar year, at such times and places as the
Commission may prescribe by rule. Special meetings may be held on the
call of the Mayor or City Manager or upon the call of four members of the
Commission and upon no less than 24 hours' notice to each member and
the public, or such shorter time as a majority of the Commission shall
deem necessary in case of an emergency affecting life, health, property or
the public peace.
Part E. That Section 4.11 "Independent Audit" of the City Charter is amended to read as
follows:
Section 4.11. Independent Audit.
The City Commission shall provide for an independent annual audit of all
City accounts and may provide for more frequent audits as it deems
necessary. Such audits shall be made by a certified public accountant or
firm of such accountants who have no personal interest, direct or indirect,
in the fiscal affairs of the City government or any of its officers and shall
be rotated at least every five years to a new certified public accountant or
firm of such accountants.
Resolution No. 2001-15
Page 4
Part F. That Section 6.02 "Procedure To Amend" of the City Charter, is amended by
revising subsection (a) "Initiation" at paragraph (i) "By Ordinance" of this Section, to read as
follows:
Section 6.02. Procedure To Amend.
(a) Initiation. This Charter may be amended in two ways:
(i) By ordinance. The Commission may, by ordinance, adopted
by the affirmative vote of at least five members of the City
Commission, propose amendments to this Charter and upon passage of
the initiating ordinance shall submit the proposed amendment to a vote
of the electors at the next general election held within the City or at a
special election called for such purpose.
Part G. That Section 7.06 "Charter Revision" of the City Charter is amended to read as
follows:
Section 7.06. Charter Revision.
At its first regular meeting in November Deccm~cr of every fifth year
after the adoption of this Charter, commencing with December, 2000, the
Commission shall appoint a Charter revision commission consisting of
five persons, one of whom shall ~' ..... ~.~. ^c ,~.~ r,~----:~: ...... ;.. ~
served as a member of the previous Charter commission and four three of
whom shall be electors of the City Tc+~ ........ t-~:..: ......... :..
· · c~_~:~o: .... If a former Charter commission member
is not available to serve, five ..~ electors of the City, rather than four
t4~ee, shall be appointed. The City Commissioners~..~x~ ..... .. shall not be
eligible for appointment to the revision commission. The revision
commission shall commence its proceedings within 15 4-5 days after
appoinWnent by the Commission. If the revision commission determines
that a revision is needed, including but not limited to a change in the
boundaries or numbers of Residential Areas, it shall draft such
amendments to this Charter as it deems appropriate and submit the same to
the Commission not later than January 1 of the following year t~e 99Z~
day after their appointment by the Commission. The Commission shall,
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Resolution No. 2001-15
Page 5
not less than 60 30 days or more than 60 150 days after submission of the
proposed amendments to the Commission, submit them to the electors of
the City in accordance with the provisions of Section 6.02, except that the
provisions of subsections (a) and (b) of such Section shall not apply.
Part H. That Section 7.09 "No Discrimination" of the City Charter is amended to read as
follows:
Section 7.09. No Discrimination.
The City shall not adopt any measure or policy or otherwise discriminate
against any person due to race, religion, color, national origin, physical or
mental disability, creed, sexual preference or sex. The City shall not adopt
any policy regarding the use of City facilities that would discriminate
against any person due to race. religion, color, national origin, physical or
mental disability, creed, sexual preference or sex.
Part I. That Section 8.07 "Initial Election of Commission and Mayor" of the City
Charter, is amended by revising subsection (e) "Maximmu Terms" of this Section, to read as
follows:
Section 8.07. Initial Election of Commission and Mayor.
(e) Maximum terms. Notwithstanding Section 2.03, any Commissioner
(including the Mayor) elected in the 1996 election may serve for a
maximum of nine consecutive years. Additionally, Commissioners re-
elected to seats 1, 3 or 5 in both the March 1999 and March 2003 elections
may serve a maximum of eleven consecutive years terminating on March
22, 2007.
Section 2. Election Called. That a special election is hereby called, to be held on
Tuesday, the 15th day of May~ 2001, to present to the qualified electors of the City of Aventura,
the ballot questions provided in Section 3 of this Resolution.
Section 3. Form of Ballot. That the form of ballot for the Charter Amendments
provided for in Section 1 of this Resolution shall be substantially as follows:
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Resolution No. 2001-15
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1. Authority To Create And Appoint Sub-Committees Of The City
Commission.
The City Charter currently authorizes the Mayor to create and appoint sub-
committees of the City Commission. It is proposed that the Charter be
amended to remove the authority of the Mayor to create and appoint sub-
committees of the City Commission.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
2. Revision Of Compensation For Mayor And City Commissioners.
The City Charter currently provides for the payment of annual compensation
in the amount of $3,500.00 for the Commissioners and $5,000.00 for the
Mayor. It is proposed that the Charter be amended to provide for an increase
in compensation, so that the Mayor will be paid $10,000.00 and
Commissioners will be paid $7,500.00, per year.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
3. Authority To Remove Members Of Boards And Agencies Appointed By
The Mayor.
The City Charter currently provides for members of City boards and agencies
to be appointed by the Mayor subject to approval of the City Commission, but
does not specifically recognize the Commission's authority to remove such
members. It is proposed that the Charter be amended to provide that the City
Commission, by majority vote, may remove members of boards and agencies
appointed by the Mayor.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
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Resolution No. 2001-15
Page 7
[ ] No
4. Authority To Call Special Meetings Of The City Commission.
The City Charter currently provides for the Mayor or four (4) members of the
City Commission to have authority to call special meetings of the
Commission. It is proposed that the Charter be amended to also authorize the
City Manager to call special meetings of the Commission.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
5. Rotation Of Selection Of Outside Auditors.
The City Charter currently provides for an independent annual audit of all
City accounts, but does not specify that the accountants utilized for such audit
must be periodically changed. It is proposed that the Charter be amended to
provide that the work of conducting the independent annual audit be rotated to
a new accountant or accounting firm at least every five (5) years.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
6. Restriction On City Commission's Authority To Initiate City Charter
Amendments.
The City Charter currently enables the City Commission to submit to the
City's electors, by ordinance, proposed amendments to the Charter. It is
proposed that the Charter be amended to provide that the City Commission
may not propose an amendment to the Charter by ordinance unless adopted by
the affirmative vote of at least five (5) members of the City Commission.
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Resolution No. 2001 - 15
Page 8
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] Xo
7. Charter Revision Commission.
The City Charter currently provides for one member of the City Commission
to serve on the Charter Revision Commission which periodically reviews the
Charter. It is proposed that the Charter be amended to: (1) provide for an
additional elector of the City to serve on the Charter Revision Commission,
instead of a City Commission member; and (2) revise certain time frames for
the Charter revision process.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
8. No Discrimination In Use Of City Facilities.
Thc City Charter currently prohibits discrimination against any person based
upon race, religion, color, national origin, physical or mental disability, creed,
sexual preference or sex. It is proposed that the Chaxter be amended to
expand the prohibition against discrimination by providing that the City shall
not adopt any policy regarding the use of City facilities that would
discriminate against any person upon such basis.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ I No
9. Revision Of Restriction On Maximum Length Of Service On City
Commission.
The City Charter currently provides that any Commissioner elected in the
1996 election may serve for a maximum of nine (9) consecutive years. It is
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Resolution No. 2001-15
Page 9
proposed that the Charter be amended to enable Commissioners who were m-
elected in the March 1999 election to serve a maximum of eleven (11)
consecutive years, so that such Commissioners may serve a complete third
term in office if again re-elected.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
Section 4. Balloting. That balloting shall be conducted between the hours of 7:00 a.m.
until 7:00 p.m. on election day at the regular polling places for City elections. Absentee ballots
shall be provided as authorized by law. All qualified City electors who are timely registered in
accordance with law shall be entitled to vote. The City Clerk is authorized to obtain any
necessary election administration services from the Miami-Dade County Supe~isor of Elections.
Section 5. Notice of Election. That notice of said election shall be published in
accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the City
at least 30 days prior to said election, the first publication to be in the fifth week prior to the
election (to-wit: during the week commencing Sunday, April 8, 2001), and the second
publication to be in the third week prior to the election (to-wit: during the week commencing
Sunday, April 22, 2001), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. 2001-15 ADOPTED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY") AN ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITH1N THE CITY ON TUESDAY,
THE 15TH DAY OF MAY, 2001, BETWEEN THE HOURS OF
7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE
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Resolution No. 2001-15
Page 10
FOLLOWING CHARTER AMENDMENT PROPOSALS
SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF
THE CITY.
1. Authority To Create And Appoint Sub-Committees Of The City
Commission.
The City Charter currently authorizes the Mayor to create and appoint sub-
committees of the City Commission. It is proposed that the Charter be
amended to remove the authority of the Mayor to create and appoint sub-
committees of the City Commission.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
2. Revision Of Compensation For Mayor And City Commissioners.
The City Charter currently provides for the payment of annual compensation
in the amount of $3,500.00 for the Commissioners and $5,000.00 for the
Mayor. It is proposed that the Charter be amended to provide for an increase
in compensation, so that the Mayor will be paid $10,000.00 and
Conmaissioners will be paid $7,500.00, per year.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
3. Authority To Remove Members Of Boards And Agencies Appointed By
The Mayor.
The City Charter currently provides for members of City boards and agencies
to be appointed by the Mayor subject to approval of the City Commission, but
does not specifically recognize the Commission's authority to remove such
members. It is proposed that the Charter be amended to provide that the City
Commission, by majority vote, may remove members of boards and agencies
appointed by the Mayor.
10
Resolution No. 2001-15
Page 11
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
4. Authority To Call Special Meetings Of The City Commission.
The City Charter currently provides for the Mayor or four (4) members of the
City Commission to have authority to call special meetings of the
Commission. It is proposed that the Charter be amended to also authorize the
City Manager to call special meetings of the Commission.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
5. Rotation Of Selection Of Outside Auditors.
The City Charter currently provides for an independent annnal audit of all
City accounts, but does not specify that the accountants utilized for such audit
must be periodically changed. It is proposed that the Charter be amended to
provide that the work of conducting the independent annual audit be rotated to
a new accountant or accounting firm at least every five (5) years.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
6. Restriction On City Commission's Authority To Initiate City Charter
Amendments.
The City Charter currently enables the City Commission to submit to the
City's electors, by ordinance, proposed amendments to the Charter. It is
proposed that the Charter be amended to provide that the City Commission
may not propose an amendment to the Charter by ordinance unless adopted by
the affirmative vote of at least five (5) members of the City Commission.
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Resolution No. 2001 - 15
Page 12
Shall the above-described Chaxter Amendment be adopted?
[ ] Yes
[ ] No
7. Charter Revision Commission.
The City Charter currently provides for one member of the City Commission
to serve on the Charter Revision Commission which periodically reviews the
Charter. It is proposed that the Charter be amended to: (1) provide for an
additional elector of the City to serve on the Charter Revision Commission,
instead of a City Commission member; and (2) revise certain time frames for
the Charter revision process.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
8. No Discrimination In Use Of City Facilities.
The City Charter currently prohibits discrimination against any person based
upon race, religion, color, national origin, physical or mental disability, creed,
sexual preference or sex. It is proposed that the Charter be amended to
expand the prohibition against discrimination by providing that the City shall
not adopt any policy regarding the use of City facilities that would
discriminate against any person upon such basis.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
9. Revision Of Restriction On Maximum Length Of Service On City
Commission.
The City Charter currently provides that any Commissioner elected in the
1996 election may serve for a maximum of nine (9) consecutive years. It is
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Resolution No. 2001 - 15
Page 13
proposed that the Charter be amended to enable Commissioners who were m-
elected in the Mamh 1999 election to serve a maximum of eleven (11)
consecutive years, so that such Commissioners may serve a complete third
term in office if again re-elected.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[ ] No
Polling place information and the full text of the proposed City
Charter Amendments is available at the office of thc City Clerk
located at 2999 NE 191st Street, Suite 500, Aventura, FL 33180."
Section 6. Copies. That copies of this Resolution proposing the Charter Amendments
are on file at the offices of the City Clerk located at 2999 NE 191st Street, Suite 500, Aventura,
FL 33180, and are available for public inspection during regular business hours.
Section 7. Effectiveness. That the Charter Amendments provided for in Section 1 above
shall become effective if the majority of the qualified electors voting on the specific Charter
Amendment vote for its adoption, and it shall be considered adopted and effective upon
certification of the election results. Following adoption of the Charter Amendments the City
Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami-
Dade County, Florida.
Section 8. Inclusion In The Charter. Subject to the requirements of Section 7 above, it
is the intention of the City Commission and it is hereby provided that the Charter Amendments
shall become and made a part of the Charter of the City of Aventura; that the Sections of this
Resolution may be renumbered or relettered to accomplish such intention.
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Resolution No. 2001-15
Page 14
Section 9. Effective Date of Resolution. That this Resolution shall become effective
immediately upon adoption hereof.
The foregoing Resolution was offered by Commissioner Rogers-Libert ., who
moved its adoption. The motion was seconded by Commissioner Beskin ., and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg absent
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 6th dayff~RTHUR I'SI~YDER~ ~YYOR
^TT 7:
M. S OK4CMC I
CIT.,.y CLERK%_ / I
APPROVED AS TO LEGAL SUFFICIENCY
CIT¥.4TTORNEY
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