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10-07-08 A~ . MINUTES CITY COMMISSION MEETING OCTOBER 7,20086 P.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:02 p.m. by Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor lev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Rev. Will Keyser 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Holzberg, seconded by Commissioner Diamond, and unanimously passed, Commissioner Billy Joel was elected Vice Mayor for the next 6-month period. 5. SPECIAL PRESENTATIONS: Key to the City presented to Michael Putney. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Stern, seconded by Vice Mayor Joel, passed unanimously and the following action was taken: A. The following minutes were approved: September 8' 2008 1 st Public Budget Hearing September 9, 2008 Commission Meeting September 18, 2008 Workshop Meeting September 24, 2008 2nd Public Budget Meeting B. Resolution No. 2008-40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. The following motion was approved: MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO MICHAEL PUTNEY D. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000 FOR THE PURCHASE OF 11 AED'S AND RELATED EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2008-41 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Wolpin read the quasi-judicial proceedings and the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT THE INSTALLATION OF AN ABOVEGROUND FUEL STORAGE TANK IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; GRANTING VARIANCE FROM SECTION 31- 143(f)(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A 2,000 GALLON CAPACITY ABOVEGROUND FUEL STORAGE TANK, WHERE A MAXIMUM 550 GALLON CAPACITY ABOVEGROUND FUEL STORAGE TANK IS PERMITTED BY CODE FOR PROPERTY LOCATED AT 3801 NE 207 STREET, CITY OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Weinberg. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Claudia Gillen, representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2008-42 was adopted. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: 2 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2- 191 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-192"APPOINTMENT OF BOARD MEMBERS PROCESS", SECTION 2-193 "ADVISORY CAPACITY", SECTION 2-194 "RULES OF PROCEDURE; QUORUM", SECTION 2-195 "MISSION; JURISDICTION AND DUTIES"; AND SECTION 2-196 "STANDARDS OF CONDUCT FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Joel and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE III "ADVISORY BOARDS", DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD" AT PARAGRAPH (C) OF SECTION 2- 121 TO PROVIDE THAT MEMBERS HAVING TWO OR MORE UNEXCUSED ABSENCES IN A CALENDAR YEAR MAY BE SUBJECT TO REMOVAL; AND AMENDING SECTION 2-125 "JURISDICTION" TO REVISE THE JURISDICTION OF THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 9. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: None. 3 13. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED SPECIAL ELECTION ON UNIFORM COUNTYWIDE SYSTEM OF FIRE PROTECTION Mayor Gottlieb discussed the following question to appear on the November 4, 2008 ballot: Shall the Charter be amended to require that the Board of County Commissioners provide a uniform, countywide system of fire protection and rescue services for all incorporated and unincorporated areas of the County with the exception of the cities of Miami, Miami Beach, Hialeah, Coral Gables, and Key Biscayne which may provide for fire and rescue protection services in those cities? She requested and received the Commission's approval and support to urge the electorate to vote no on this issue and to approve the expenditure of up to $1,000 for participation in an advertising campaign by the Miami Dade League of Cities related thereto. 14. ADJOURNMENT: There being no further business to come before the Commission at. this time, after motion made, seconded/fnd unanimously passed, the meeting adjourned at 7 p.m../, :) \/';. ,.~ }1(. (~ ~../ eresa M. Sor? $, MM ,City Clerk (. , 1 ) ~"-/ i ..j Approved by the Commission on November 6, 2008. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4