01-13-2009~~~ ~ MINUTES Aventura Government Center
~`~ ~ CITY COMMISSION MEETING 19200 W. Country Club Drive
JANUARY 13, 2009 6 P.M. Aventura, Florida 33180
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1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:11 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 Alan L. Gabriel. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE -Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
Commissioner Stern left the meeting at this time.
5. CONSENT AGENDA: Commissioner Diamond requested that item 5-E be
removed from the Consent Agenda and addressed separately. A motion to approve the
remainder of the Consent Agenda was offered by Vice Mayor Joel, seconded by
Commissioner Holzberg, passed unanimously and the following action was taken:
A. The following minutes were approved:
November 6, 2008 Commission Meeting
November 12, 2008 Workshop Meeting
B. Resolution No. 2009-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING LIMITED WAIVER FROM
PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY, AS
AUTHORIZED BY THE MIAMI-DADE COUNTY ETHICS CODE, IN
ORDER TO ENABLE THE CITY TO ARRANGE FOR THE
PRODUCTION, PUBLICATION, AND DISTRIBUTION OF MULTIPLE
COPIES OF THE CITY GUIDE FROM STERN BLOOM MEDIA INC.;
PROVIDING FOR EFFECTIVE DATE.
C. Resolution No. 2009-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY
THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES
OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING
AN EFFECTIVE DATE.
D. Resolution No. 2009-03 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 A RELEASE OF RESTRICTIVE
COVENANTS AND A RELEASE OF UNITY OF TITLE IN THE FORM
ATTACHED TO THIS RESOLUTION CONCERNING PROPERTY
KNOWN AS "BAGEL COVE PLAZA" AT 18955-19001 BISCAYNE
BOULEVARD, CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2009-05 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINING CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
G. The following motion was approved:
MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF
RAQUEL ROTHMAN, ESQ. AS SPECIAL MASTER FOR THE CITY OF
AVENTURA CODE ENFORCEMENT PROCESS.
H. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $20,000 TO
PURCHASE RIFLES AND RACKS FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
I. Resolution No. 2009-06 was adopted as follows:
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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.
J. Resolution No. 2009-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LEASE
AGREEMENT BY AND BETWEEN THE SOUTH TOWER AT THE
POINT CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA
TO HOUSE POLICE RADIO EQUIPMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
K. Resolution No. 2009-08 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT TO
DESIGN AND BUILD TEN CLASSROOMS ADDITION TO AVENTURA
CHARTER SCHOOL BETWEEN THE CITY OF AVENTURA AND
KAUFMAN LYNN, INC., GENERAL CONTRACTORS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Commissioner Stern returned to the meeting. The following item was removed
from the Consent Agenda and addressed separately.
E. Commissioner Diamond read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING AMENDMENTS TO THE
FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS'
RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-
OPERATIVE AND HOMEOWNER ASSOCIATIONS FEES, REGULAR
ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN
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FORECLOSURE AND ON FORECLOSED UNITS; AND PROVIDING AN
EFFECTIVE DATE.
After explanation of this resolution by Commissioner Diamond, Miami
Beach Commissioner Jerry Libbin addressed the Commission. A motion
for approval was offered by Commissioner Diamond, seconded by
Commissioner Holzberg, unanimously passed and Resolution No. 2009-
04 was adopted.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1, 2009 TO APRIL
1, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008,
WHICH ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF
TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY
OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; 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
Auerbach, and seconded by Commissioner Weinberg. 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. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY
AMENDING THE FUTURE LAND USE ELEMENT, THE
INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS
ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT
AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT
OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO
IMPLEMENT THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY
FACIILTIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163,
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PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE 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 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.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Gabriel 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
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Holzberg, and seconded by
Commissioner Stern. 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 and Ordinance No. 2009-01 was enacted.
B. Mr. Gabriel 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 was offered by Commissioner Weinberg 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 and Ordinance No. 2009-02 was enacted.
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C. Mr. Gabriel 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
Vice Mayor Joet. 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 and Ordinance No. 2009-03 was enacted.
9. RESOLUTIONS -PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Bob Burroughs.
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 7 p.m. ~ ~ n ~
M. Soro~a~, MMC, City Clerk
Approved by the Commission on February 3, 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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