11-06-08` ~" ~ MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
NOVEMBER 6, 2008 6 P.M. Aventura, Florida 33180
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1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:09 p.m.
immediately following the LPA meeting by Mayor Susan Gottlieb. Present were
Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Billy Joel, 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 during LPA.
Mayor Gottlieb spoke about the Presidential election and asked for a moment of prayer
for national unity.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Holzberg, seconded by Commissioner Auerbach, passed unanimously
and the following action was taken:
A. The following minutes were approved:
October 7, 2008 Commission Meeting
October 21, 2008 Workshop Meeting
B. Resolution No. 2008-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF MIAMI FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000 TO
HIRE AN INFORMATION TECHNOLOGY PROJECT COORDINATOR
TO COORDINATE IT PROJECTS FOR THE POLICE DEPARTMENT,
$7,500 FOR THE DFY-IT PROGRAM AND $2,500 FOR THE A CHILD IS
MISSING PROGRAM FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
D. The following motion was approved:
MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF
BARBARA BUXTON, ESQ. AS SPECIAL MASTER FOR THE CITY OF
AVENTURA CODE ENFORCEMENT PROCESS.
E. Resolution No. 2008-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY
FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
F. Resolution No. 2008-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING AN INCREASE IN FLORIDA'S
CIGARETTE TAX AND URGING THE ADDITIONAL FUNDS
GENERATED BE EARMARKED FOR SMOKING-RELATED HEALTH
AND PREVENTIVE EDUCATION ISSUES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS
ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA
2008/09-2012113 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
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COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, 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.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-239 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS ENTITLED "COMPLIANCE WITH COMPREHENSIVE
PLAN" TO ADD LEVEL OF SERVICE STANDARDS FOR EDUCATION
AS SECTION 31-239 (fl(8); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, 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.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL
YEAR BY REVISING THE 2007/2008 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, 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.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
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A. Mr. Wolpin read the following ordinance by title:
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 to amend Sec. 2-191 B (ii) to add but shall have resided at their
residence for a continuous period of six months immediately prior to
appointment, and to amend Sec. 2-191 D to delete the provision that the City
Manager shall serve as an ex-officio (non-voting) member of the Board was
offered by Commissioner Auerbach, seconded by Commissioner Weinberg and
unanimously passed. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. A motion for approval, as amended,
was offered by Vice Mayor Joel, seconded by Commissioner Diamond, passed
unanimously by roll call vote and Ordinance No. 2008-17 was enacted.
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 Holzberg and seconded by
Commissioner Stern. A motion to amend the ordinance to delete the provision
that the City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board 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, as
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amended, passed unanimously by roll call vote and Ordinance No. 2008-18 was
enacted.
9. RESOLUTIONS -PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:45 p.m. ~ ~ / I
M. S~o~a, MIMIC, City Clerk
Approved by the Commission on January 13, 2009.
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.
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