11-27-96
The City of Excellence
Agenda
I. Call to Order
II. Introduction and Orientation
Terms of Office
Sunshine Law
Ethics
III. Election of Chair and Vice Chair
IV. Proposed Agenda Format
Call to Order
Approval of Minutes
Chairman's Report
Staff Report
Other Business
Adjournment
V. Beautification Update
Aventura Boulevard
US 1
NE 190th Street
Holiday Lighting and Seasonal Color
Landscape Master Plan
Landscape Maintenance Bids
VI. Meeting Times and Dates
VII. Adjournment
In accordance with the Americans with Disabilities Act of 1990, all persons who are d'
accommodations to participate in this meeting because of that disability should contact
not later than two days prior to such proceeding,
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GOVERNMENT IN THE SUNSHINE LAW
SHCTION 386.011, ~LORIDA STAT~TESh
I. Basic Provisions.
Section 286.011(1) provides that:
"All meetings of any board or commission of any
state agency or authority or of any agency or
authority of any county, municipal corporation,
or political subdivision, except as otherwise
provided in the Constitution, at which official
acts are to be taken are declared to be public
meetings open to the public at all times, and
no resolution, rule, or formal aotion shall be
considered binding except as taken or made at
suoh meeting."
II. What constitutes a "board or commission?"
A. All governing bodies and decision making
committees.
B. Advisory boards that are more than mere fact-
finders. A public body cannot escape the
application of the Sunshine Law by delegating
a job to an "alter ego". Advisory boards with
"decision-making" functions (i.e. screening
applicants for an appointed position) are subject
to the Sunshine Law. The courts focus on'the
nature of the act performed in determining whether
a board is decision-making or merely fact-
finding.
III. What constitutes a "meeting?"
A. An occasion where two or more members of the same
board are present (includes presence physically, by
telephone, or even when oonferring by written
documents), and
B. Discussion ensues on a matter on which "foreseeable
action" will be taken (encompasses entire decision-
making process, including briefings, workshops,
seminars, etc.).
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IV. Requirements for a public meeting.
A. Location
II
1. Section 286.011(6) prohibits holding public
meetings at any facility that discriminates
on the basis of sex, age, race, creed, color,
origin, or economic status.
2. Section 286.26 requires accommodations to be
made, upon written request received at least
48 hours in advance, for physically
handicapped individuals.
B. Notice
1. The Statute does not contain any particular
notice requirement.
2. The courts have interpreted the intent of
the statutes to require "reasonable notice".
3. In an informal opinion, the Attorney General's
office has suggested that reasonable notice
should contain the time and place of the
meeting and, if available, an agenda
(otherwise a summary of subject matter) (note:
the courts have held publication of an agenda
is not required and it is not a Sunshine~Law
violation to discuss items not on the agenda).
The Attorney General has further advised that
these notices should be "prominently
displayed" in a City Hall or comparable area
set aside for that purpose and that the
notices should be posted sufficiently in
advanoe to provide "appropriate and effective
notice under'the circumstanoes." Except
in cases of emergency, special meetings should
have at least 24 hours reasonable notice.
4. Seotion 286.0105 requires that each notice
include the advice that if a person decides
to appeal any decision, he may need to ensure
that a verbatim record of the proceedings is
made.
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C. Minutes
1.
Section
kept of
be open
. I,
286.011(2) requires that minutes be
each public meeting and that they
to pUblic inspection.
2. Meetings may be tape recorded or video taped,
but minutes must still be kept in addition to
the recordings.
D. Voting
1. Section 286.012 requires that all members
present at a meeting vote on official actions
or decisions unless they comply with the
conflict of interest provisions of Chapter
112 Florida Statutes.
2. Roll call votes on all matters are not
necessary.
3. Secret ballots are prohibited.
V. Effect of Sunshine Law violations.
A. Sanctions
1. Criminal - Knowing violation of the Sunshine
Law is a second degree misdemeanor, with,
penalties of up to $500 in fines and up to
60 days in jail.
2. Civil-Inadvertent violations are civil
infractions with penalties not to exceed
$500 fine.
B. Validity of actions taken in violation of the
Sunshine Law.
1. Actions which have been taken are
void ab initio.
2. Members of the general public have
standing to sue.
3. Initial action taken in violation of the
Sunshine Law can be cured by an independent
final action taken in the Sunshine; in other
words, start over but in the Sunshine.
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CONFLICTS OF INTEREST h
ELECTED AND APPOINTED GOVERNMENT O~~ICIALS
I. Voting conflicts
A. Application - Section 112.3143, governing voting
conflicts of interest applies to all "public
officials" as defined in this Section to include
any person elected or appointed to hold office
in any agency, including any person serving on a
purely advisory body.
B. No county, municipal, or other local public
officer oan vote in any official capacity upon any
measure which inures to the officer's "special
private gain" or to the special private gain of
any private entity by whom retained. The public
officer shall publicly state for the record the
nature of his special private gain and why he is
abstaining from the vote and shall within 15 days
after vote disclose the nature of his interest as
a public record with the person recording the
minutes who shall incorporate such memo into the
record.
1. Existence of "special private gain" depends
upon facts. A special private gain ex~sts
if an officer has an ownership interest that
is affected; has a spouse with an ownership
interest if the spouses co-mingle funds or
one supports the other; or has'a continuing
or ongoing business relationship with some-
one whose interests are affected. If the
matter simply affects friends, fellow church
or club members, or persons with whom the
offioer has a past (not ongoing or
continuing) business relationship, no voting
conflict exists.
2. Where the action will affect the officer in
the same way it will affect a group of
similarly situated citizens, the
determination of whether a special gain
exists will depend on the size of the class.
If the class of persons is large, a special
gain will result only if there are
circumstances unique to the officer or
principal under which the officer or
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principal stands to gain more tha~ th~ other
members of the class. Where the clas~ of
person benefiting from the measure is
extremely small, the possibility of special
gain is muoh more likely.
3. Procedure to follow if special private gain
problem exists.
a. Prior to the vote, pUblicly explain the
conflict;
b. Abstain from voting;
c. Within IS days of the vote, document the
disclosure in a written memorandum filed
with the person responsible for
documenting the minutes of the meeting.
c. A public officer barred from voting may
nevertheless participate in the disoussion of the
matter provided he first discloses the nature of
his interest in the matter. The disolosure must
be made either verbally or in writing prior to any
participation in the matter or any participation
on the matter is disallowed. If the disclosure is
made verbally, it must be followed up in writing
within 15 days with a written memorandum filep
with the person responsible for documenting the
minutes of the meeting and shall be incorporated
in the official minutes of the meeting later
prepared. If the disclosure is initially made in
writing, the required written memorandum shall
be read into the record regardless of when the
written memorandum is prepared (before
partioipating in disoussion of a matter or
within 15 days after if original disolosure is
oral prior to the discussion). The written
memorandum is a public record and is served upon
each other member of the local legislative.
II. Standards of Conduct for Public Officers and Employees
of Government Agencies
A. Solicitation or acceptance of gifts
1. Section 112.313(2), Florida Statutes,
prohibits the solicitation or aoceptance of anything of
value based upon any understanding that the vote, official
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action, or judgment of the public officer or employ~e would
be influenced thereby.
2. Section 112.3l3(4), Florida Statutes,
prohibits public officers, employees of agencies, their
spouses or minor children from accepting any compensation,
payment, or thing of value when such public officer or
employee knows, or with the exercise of reasonable care,
should know, that it was given to influence a vote or other
action in which the officer or employee was expected to
participate in his official capacity. This has been ruled
by the Ethics Commission to include expense paid travel by a
company seeking to do business with the agency or reqUiring
the agency's approval.
3. Sections 112.3l3(3) and (7) prohibit pUblic
officers or employees from dOing business with their agency
or hOlding certain types of enployment or contractual
relationships. The provisions h~ve generally been broadly
interpreted, and a number of specific exceptions apply.
Public officers and employees who are engaged in businesses
where this question might arise should seek independent
legal advice on the ramifications of Section 112.313.
III. Dual Officeholding
A. Article II, Section 5 of the Florida Constitution
(1968) prohibits any person from hOlding more thaij one
office in state, county or municipal governments.
B. This prohibition does not preolude public
officeholders from appointment to a local board provided
that the appointment is essentially an assignment of
additional jOb duties and there is nothing inherently
inconsistent or incompatible in the officer's service on the
board.
IV. Financial Disclosure ReqUirements
FORM 1, STATEMENT O~ ~INARCIAL INTBRBSTS
Sec. 112.3l45 (l), (2), and (3),
Fla. Stat. (1989), as amended by Ch. 90-502, Laws of FL
WHO MUS~ PILE All state officers, local officers,
candidates for local elective office, and specified state
employees as defined below (other than elected
constitutional offioers who file Form 6) must file a Form 1,
State of Financial Interests.
"Gift" means anything accepting by
person's behalf whether directly or
person's benefit, and for which
consideration is not given. "Gift"
a person or
indirectly',
equal or
includes
on that
for that
greater
real or
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personal property, a preferential rate or terms on a
transaction not available to others similarly s~uated,
forgiveness of a debt, transportation, lodging, ~r ~rking,
dues, fees and tickets, personal services for whioh a fee is
normally charged, and any other thing or service having an
attributable value.
"Gi ft" does not inolude salary, benefits, commissions, or
expenses associated with one's employment, campaign
contributions and expenditures reported under Ch. 106, F.S.,
honorariums or honorarium expense, an award, plaque,
certificate, etc . given in recognition of public, civic,
charitable or proessional service, honorary membership in a
service or fraternal organization, and food or beverage,
consumed at a single sitting or event.
Gift giving prohibitions/Gift acceptance prohibition -
Filing Form 1.
Each local government officer is prohibited from soliciting
any gift, food, beverage from a political committee,
committee of continuous existence, or lobbyist who has
lobbied his agency within the past 12 months of a lobbyists'
partner or employee.
Each local government officer filing Form I is prohibited
from accepting a gift worth over $100.00 from lobbyist, the
lobbyists' partner or employee, a political committee, or
committee of oontinuous existence.
Each local government officer filing Form I is prohibited
from accepting a gift worth over $100.00 from a lobbyist,
the lobbyists' partner or employee, a politioal committee,
or committee of oontinuous existence.
LOCAL OFFICERS include. any person elected to office in any
pOlitical subdivision and any person appointed to fill a
vacancy for an unexpired term in such elective office; an
appointed member of a board of any political subdivision
(except members of solely advisory bodies), and all members
of bodies exercising land-planning, zoning, or natural
resource responsibilities, whether advisory or not. Local
officers also include aayors and the chief administrative
employee of a municipality, and any person holc!1ng one or
more of the following positions within a muniCipality. oity
attorney; chief building inspector; any administrator with
the power to grant or deny a land development permit; chief
of police; fire chief; municipal olerk; or a purohasing
agent haVing the authority to make any purchase exceeding
$1,000.
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WHAT HUST BE DISCLOSED - Form I requirements are se~ forth
fully on the form. In general, this includes the re~brting
person's sources and types of financial interests, e. g. ,
name of employer and address of real property holding. No
dollar values are qUires to be listed.
QUARTERLY GIPT DISCLOSURE - Each person required to file a
Form I or Form 6 finanoial disclosure, must file a Form 9,
Quarterly Gift Disclosure, with the Secretary of State on
the last day of a calendar quarter for the previous calendar
in which he received a gift worth over $100.00 (other than
gifts from relatives, prohibited gifts, or gifts otherwise
requiring disolosure Form 9 need not be filed if no such
gift was received during the calendar quarter.
WHEH TO rILE - Candidates for publicly-elected local office
must file Form I together with and at the same time they
file their qualifying papers. State and local officers and
specified state employees are required to file disclosure by
July 1 of each year. Each state or local offioer who is
apPointed and each specified state employee who is employed
must file within thirty days from the date of appointment or
the beginning of employment. Those appointees requiring
Senate confirmation must file prior to confirmation.
WHERE TO PILE - Each local officer files this form with the
Supervisor of Eleotions in the County of permanent
residence.
Any additional information may be obtained from the City
Clerk regarding these issues. Any legal questions may be
directed to the City Attorney.
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Government Structure
II
The City Manager form of government is based on the premise that the responsibility for
policy rests with the City Council and the responsibility for daily administration and
execution of policy rests with the City Manager. In order for this form of government to be
effective, a team-like atmosphere between the City Council and administration must be
developed. The CouncillManager structure is similar to a private corporation as it
emphasizes that the government operates as a business. The structure of Aventura's
government reflects this concept. A comparison is shown as follows:
Establish Policv
Private Sector
Public Sector
City of Aventura
Residents
City Council
ABC Corporation
Stockholders
Board of Directors
Administration & ImDlementation
City Manager
Department Directors
Chief Executive Officer
Department Heads
Organization Chart
CITY OF AVENTURA
Residents
City Council
Legal ServIces
Police
Patrol
Community Relations
Criminal Investigations
Traffic Enforcement
Emergency Preparedness
FirelRescue
Planning
Zoning
Building Inspections
Code Enforcement
Economic Development
Occupational Licenses
FinanoelACXlOUnting
purchasing
Risk Management
Information Management
Personnel
Community Facilities
Par1<slBeautiflC8tion
ROWlMedian Maint.
Public Wor1<s
Mass Transit
Special Evenls
Recreation/Cultural
RELATIONSHIP TO CITY BOARDS
II
The City Charter specifies how boards are established and that they report to the City
Council.
Section 3.11. City boards and agencies.
Except as otherwise provided by law, the Council 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 Council. Members of boards and agencies
shall be appointed by the Ma}<< subject to the approval of the Council.
City Boards should function independently and provide recommendation to the entire City
Council and City Manager. Careful consideration should be taken before a board is
established. Every Board should have a stated purpose that fits into the framework of City
govemment and provides a link between the citizenry and the elected officials. A vision of
the City's general policy direction with a focus on specific responsibilities of an individual
board is necessary for an effective process.
The establishment of Boards have an impact on staff. The staff liaison normally serves as
the Council's representative to the Board. Staff members provide technical and
administrative assistance to the board as follows:
. Provide initial orientation and continuing education for board members.
. Supply background information on agenda issues.
. When requested, make recommendations.
. Attend meeting in a non-voting capacity.
. Inform board members of City Council action.
. Take and distribute minutes and provide notification of meeting dates.
When boards are successful, it is because the members and staff have a clear
understanding of the board's purpose and they work together to achieve that purpose.
How It Works
1. City Council ,adopts Ordinance establishing Board, which at a minimum includes
membership requirements and duties of the Board.
2. Staff is assigned to Board and orientation session is held.
3. Board holds meetings, reviews policy issues and other matters under its jurisdiction and
makes reconmendation to the City Council.
4. The staff is utilized as the communications conduit between the Board and Council to
facilitate the flow of information.
5. The Board Chairperson may make special presentations to the City Council.
Advisory Board Do's and Don'ts -See Attachment
Sample Orientation Materials-See Attachment
7
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I,
THE CHAIRMAN'S ROLE
Your most important duty is to learn your office.
A good chairman is on hand before a meeting begins with a copy
of the agenda; and when a quorum is present, calls the meeting
to order ON TIME!
You call the meeting to order with one rap of the gavel, and
you maintain order at all times.
You announce the next business in order, ~the next order of
business.
You place the business on the floor by stating and putting the
motion. You may, and often should, guide the wording of motions
and amendments, stating them in proper form.
You ask the recording secretary to call the roll on the motion,
announce the outcome and the result of the vote.
You do not allow frivolous or fractious motions - you state the
motion is out of order, or out of order at this time, NOT THE
MEMBER.
You may vote to make or break a tie or when your vote would
change the outcome; you vote on appeals to decisions of the
Chair, and a tie vote sU$tains the decision. Otherwise a tie
vote is lost.
You refer to yourself as the Chair, or in the third person;
never as I, me or mine. The Chair must be kept impersonal since
the Chair is the symbol of authority of the assembly and
represents each and every member. By the same token, the
assembly must refer to the Chair by title and not by name.
Remember, any discourtesy to the Chair is impersonal a
discourtesy to the office and not to the person in the Chair.
You are fair and impartial at all times.
GOOD LUCK!
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11 I
ORDINANCE NO. 96-24
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF A VENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Beautification Advisory Board, to provide advice and
recommendations to the City Council on matters concerning City beautification projects.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation. Composition and Qualifications.
A. There is hereby created and established the City of Aventura Beautification
Advisory Board (the "Board") consisting of seven (7) members who shall be
appointed by the Mayor, subject to the approval of the City Council. Each
member of the City Counpil 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 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 portion of the term of the
member vacating such office, subject to approval of the City Council. In
appointing members of the Board, the following guidelines shall be
considered:
1. Expressed interest and/or experience in landscape design and
architecture, and beautification projects.
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.
D. 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.
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
2
November 3, 1997. Thereafter, terms of office for members of the Board shall be for a
period of one (1) year, with eligibility for reappointment.
Section 3. Advisorv Capacity. The powers and duties of the Board shall be
solely of an advisory nature to the City Council and City Manager.
Section 4. Rules of Procedure. 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.
A. 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.
B. Four (4) 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 four (4) affirmative votes shall be required for
official action.
Section 5. 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 Council. The following matters shall be within the advisory
jurisdiction of the Board:
. Stimulate greater public awareness and appreciation of the importance of
beautification projects in the City.
. Provide recommendations on landscaping and beautification projects.
. Act as the City's tree Board for the Tree City USA requirements.
3
. Other matters assigned by the City Councilor City Manager.
Section 6. 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 7. Severability. 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.
This Ordinance shall be effective immediately
Section 8. Effective Date.
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin
who moved its adoption on first reading. This motion was seconded by Councilmember
Rogers-Libert
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger ye.P.
Councilmember Jay R. ~eskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg YPP.
Councilmember Jeffrey M. Perlow YP>R
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder ye.s
The foregoing Ordinance was offered by Councilmember Rogers-Libert
who moved its adoption on second reading. This motion was seconded by
4
, and upon being put to a vote, the vote was as
Councilmember Cohen
follows:
Councilmember Arthur Berger
Council member Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
YPR.
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED on first reading this 2nd
PASSED AND ADOPTED on second reading
ATTEST:
JbIXL~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~ h""" \/'\~
CITY ATTORNEY y r, ~ '
5
day of October, 1996.
day of October, 1996.
A