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11-21-1996 CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD AGENDA Thursday, November 21, 1996 9 AM I. Call to Order II. Introduction and Orientation Terms of Office Sunshine Law Ethics Advisory Capacity Duties of Board 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. Programming Update Upcoming Activities VI. Meeting times and dates VII. Adjournment it Government Structure it 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 Public Sector Private 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 City Manager Legal Services Police Patrol Community Relations Criminal investigations TraffIC Enforcement Emergency Preparedness Fire/Rescue Planning Zoning Building Inspections Code Enforcement Eoonomic Development ~pationaIL~nses Finance/Accounting Purchasing Risk Management Information Management Personnel Community Facilities ParXslBeautiflC8tion ROWlMedlan Maint. Public Worn Mass Transit Special Events Recreation/Cultural RELATIONSHIP TO CITY BOARDS it 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 Mayor 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 government 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: e Provide initial orientation and continuing education for board members. e Supply background information on agenda issues. e When requested, make recommendations. e Attend meeting in a non-voting capacity. e Inform board members of City Council action. e 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 ~ 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 recommendation 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 ~ 3: a ~ i 6 .e :z a illS e CI.l It' 3: a. 3: r ~ t~_ & 0 8... 0 .!::z ~z ~ l' g Cl po n ~ i 3 o ~. a ,; f = C:~ t or.. ::I Q =- l f i 11 I:) i i ~. Ii .. il B .. i .. t :l 1 a: o ... e. II Go r: :I. ::I .. :I It !! Si' ~ f 9 ~ g: It [ ::I ~ : n ~ [ . o !; ;;I fT .. j ~ r: s' Ii 2. 3 i ~, .e ~ il .. ': :I a 9 ~' [ g 'i i"' ~. 1 ~ ~ i! :- a i: l It ..... 0 ... s- i . .. ::r Ul , 'Q iI -< o' r: .. .. n c:. .. ~ ..... >. 3 It ::I Go .. !t a. 1; Go :-J 3 ~ o l"" c. !. o It a " . ;.. i f : 6 ~ :I D ~. .. !" a: .. l: :I ~ 9 'Q 8" !: 8 ~. i" .. "5l ~. ~ :a !. a 5- .. .. .. .. . i, a: ::I II ! 2. .. ::I "C. .'i a. S, s- a II 0- ,i i ft ~ ! II . 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D. ~ 3 till 0 6: Ii 8 '< n 0 a- n " III III ~. !i- S cf j,O' i ii" I ~. 9 III g c. 8 0 ... 11I- H "8 0' S' ... a .::a '::a 6 '::a. 6 ::a ::a ::a ::a' e;' '< '< '< a a 0 0 0 0 0 0 a 0 0 ~ .... 3 D. n :i' ::a ~ OQ ~ :? n el 5! :I sa ""0 r )>. :0' R r- '< '< '< '< '< '< ..c '< ::a '< '< If is: )>, '< S- a a a a a. a a a a 0 a a =c: 0 .. m' < z' 0 a. ~, 8 ::-' :0' ~ -<. ""0 0 till '< ::1.,< '< '< '< '< '< :I :I ::a ::a :I I j,O' :0 a i~ a a a a a 0 0 0 0 0 [ )> III 0 ~ g- el < n ... m 3 III '< li" 5' I q '< ::a '< :I '< '< '< '< ::I :I '< ::I 8- a 0 a 0 a a a a 0 0 a 0 s:: ~ .~ ~ a. I I -. ~ I. 'e a. 3 ~ I ::I 3 3 - 3 3 ~ ..... III .!!. .!!. .!!. .8 .!!. .!!. 0 8- 0 0 0 0 8- n 0 0 ::I. ::I. ::I. ::I. ::I. ::I. ::I. ~ -< -< -< -< - - - - ... '< '< '< '< '< ~ :3' 1 & s:: ~ k; 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, not 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 V9te on appeals to decisions of the Chair, and a tie vote sustains 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 ti tIe and not by name. Remember, any discourtesy to the Chair is impersonal or- a discourtesy to the office and not to the person in the Chair. You are fair and impartial at all times. GOOD LUCK! -16- I ;,. - ~~ I I I I I I I I I I I I I I I I I Ii GOVERNH:ENT IN THE SUNSHINE :LAW SECTION 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 action shall be considered binding except as taken or made at such 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 conferring 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.). -19- ; ~ IV. Requirements for a public meeting. A. Location p 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) (notes 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 advance to provide "appropriate and effective notice under the circumstances." Except in cases of emergency, special meetings should have at least 24 hours reasonable notice. 4. Section 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. -20- -. . ~"" C. Minutes 1. Section kept of be open . it 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. -21- CONFLICTS OF INTEREST h ELECTED AND APPOINTED GOVERNKENT OFFICIALS 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 can 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 officer 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 -22- principal stands to gain more tha~ tht other members of the class. Where the clasl of person benefiting from the measure is extremely small, the possibility of special gain is much 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 15 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 discussion of the matter provided he first discloses the nature of his interest in the matter. The disclosure 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 file~ 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 participating in discussion of a matter or within 15 days after if original disclosure 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 acceptance of anything of value based upon any understanding that the vote, official -23- action, or judgment of the public officer or emploYJe would be influenced thereby. 2. Section 112.313(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 112.313(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 preclude 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 PORM 1, STATEMBNT OP PINANCIAL INTBRBSTS Sec. 112.3145 (1), (2), and (3), Fla. Stat. (1989), as amended by Ch. 90-502, Laws of FL WHO HUS~ PILB All state officers, local officers, candidates for local elective office, and specified state employees as defined below (other than elected constitutional officers who file Form 6) must file a Form 1, State of Financial Interests. "Gift" means anything accepting by a person or person's behalf whether directly or indirectly, person's benefit, and for which equal or consideration is not given. "Gift" includes on that for that greater real or -24- 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 which a fee is normally charged, and any other thing or service having an attributable value. "Gi ft" does not include 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 fi ling Form 1 is prohibited from accepting a gift worth over $100.00 from lobbyist, the lObbyists' partner or employee, a political committee, or committee of continuous existence. Each local government officer filing Form 1 is prohibited from accepting a gift worth over $100.00 from a lobbyist, the lobbyists' partner or employee, a political committee, or committee of continuous 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 mayors and the chief administrative employee of a municipality, and any person holding one or more of the following positions within a municipality: city attorney~ chief bUilding inspector~ any administrator with the power to grant or deny a land development permit~ chief of police ~ fire chief ~ muniCipal clerk, or a purchaSing agent having the authority to make any purchase exceeding $1,000. -25- , , WHAT HUST BE DISCLOSBD - Form 1 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. QUARTBRLY GIFT DISCLOSURE - Each person required to file a Form 1 or Form 6 financial 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 disclosure Form 9 need not be filed if no such gift was received during the calendar quarter. WHBR TO FILE - Candidates for publicly-elected local office must file Form 1 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 officer 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. WHBRE TO FILE - Each local officer files this form with the Supervisor of Elections 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. -26- RESOLUTION NO. 96-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 96-23, the City Council of the City of Aventura provided for the creation of the Recreation and Cultural Arts Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter of the City of Aventura, the City Council wishes to provide for approval of members to the Recreation and Cultural Arts Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. The City Council hereby approves the appointment by the Mayor of the following individuals to the Recreation and Cultural Arts Advisory Board: Rhoda Bernstein Ruth Demming Dr. Joseph Hardy William W. Heiberger Irving Kanowitz Janet Laine Donna Miller Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Rogers-Libert, who moved its adoption. The motion was seconded by Councilmember Perlow, and upon being put to a vote, the vote was as follows: Resolution No. Page 2 Council member Arthur Berger Council member Jay R. Beskin Council member Ken Cohen Council member Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 5th day of November, 1996. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A TIORNEY /tms -- ~ _.~. FORM 1 STATEMENT OF FINANCIAL INTERESTS 1995 THIS STATEMENT REFLECTS MY FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR ENDING: EITHER OR SPECIFY TAX YEAR IF OTHER DECEMBER 31, 1995 THAN THE CALENDAR YEAR: LAST NAME - FIRST NAME - MIDDLE NAME: NAME OF AGENCY: Cl LOCAL OFFICER OFFICE OR POSITION HELD: Cl STATE OFFICER OFFICE HELD: CITY: ZIP: COUNTY: SPECIFIED STATE Cl EMPLOYEE Cl CANDIDATE POSITION HELD: MAILING ADDRESS: OFFICE SOUGHT: FILING INSTRUCTIONS for when and where to file this form are located at the bottom of page 2. INSTRUCTIONS on who must file this form and how to fill it out begin on page 3 of this packet. OTHER FORMS you may need to file are described on page 6. NOTICE: Under provisions of Sec. 112.317, Florida Statutes, a failure to make any required dis- closure constitutes grounds for and may be punished by one or more of the following: disquali- fication from being on the ballot, impeachment, removal or suspension from office or employ- ment, demotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. PART A - PRIMARY SOURCES OF INCOME [Sources exceeding 5% of gross income] NAME OF SOURCE OF INCOME SOURCE'S ADDRESS DESCRIPTION OF THE SOURCE'S PRINCIPAL BUSINESS ACTIVITY PART B - SOURCES OF INCOME TO BUSINESSES OWNED BY THE REPORTING PERSON [Major customers, clients, etc.] NAME OF SOURCE OF SOURCE'S DESCRIPTION OF THE SOURCE'S BUSINESS ENTITY'S INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART C - REAL PROPERTY [Land, buildings] CE FORM 1 - REV. 1/96 PAGE 1 / ~ ~ \.,.. 1997 City of Aventura 'P~ ~ SetUe4 Ii January - February - March - Tuesday, January 14th 'J~ 'P~ 8:00pm Broward Center of the Performing Arts seats: lower orchestra & front mezzanine Thursday, January 30th S~~ 7:30pm Broward Center for the Performing Arts seats: seventh row center - tenth row center Saturday, February 8th & Sunday, February 9th A ventura Festival of the Arts Monday, February 24th ~'14 1ItuuedU 8:00pm Broward Center of the Performing Arts seats: front left mezzanine rows B-E Tuesday, March 11 th ~e4~ 8:00pm Broward Center of the Performing Arts seats: rear lower orchestra