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02-03-2009 A~ e, '....,.:/ MINUTES CITY COMMISSION MEETING FEBRUARY 3,20096 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 6:00 p.m. 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 by Kelley Shanley and Shelley Bradshaw. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Commissioner Auerbach requested that item 5-E be removed from the Consent Agenda and addressed separately. Mr. Soroka noted that item 5-F is amended to remove the re-appointment of Michael Yavner as previously nominated by Commissioner Weinberg. Commissioner Weinberg's new nomination to be addressed at next meeting. 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: January 13, 2009 Commission Meeting January 22, 2009 Workshop Meeting B. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $6,000 TO DONATE FUNDS TO THE LEO FOUNDATION FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM C. Resolution No. 2009-09 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, 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. D. Resolution No. 2009-10 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ADOPTING THE CITY OF A VENTURA 2009 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2009-11 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2009-12 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 09-01-9-2, MUNICIPAL TRANSIT SERVICES, TO LIMOUSINES OF SOUTH FLORIDA, INC. AT THE BID PRICE OF $684,710.64 AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately. E. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AGREEMENT BY AND BETWEEN PERFORMING ARTS CENTER AUTHORITY AND THE CITY OF AVENTURA FOR STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS 2 NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond, seconded by Commissioner Weinberg, passed 6-1 with Commissioner Auerbach voting no, and Resolution No. 2009-13 was adopted. 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 ARTICLE III "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF RIGHT OF WAY, PARKING, OTHER REGULATIONS" BY AMENDING SECTION 48-27 "DEFINITIONS" AND SECTION 48-28 "ADHERANCE TO RED LIGHT TRAFFIC CONTROL SIGNALS" AND SECTION 48-32 " NOTICE OF VIOLATION" OF THE CITY CODE OF THE CITY OF A VENTURA, IN ORDER TO INCREASE THE SCOPE OF THE TRAFFIC CONTROL SIGNAL VIOLATIONS THAT MAY BE CAPTURED BY A TRAFFIC CONTROL SIGNAL MONITORING DEVICE AND TO CLARIFY ENFORCEMENT PROCEDURES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN 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. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, 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. 3 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 and Ordinance No. 2009-04 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded d unanimou assed, the meeting adjourned at 6:19 p.m. Approved by the Commission on March 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. 4