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10-06-2009 City Commission Susan Gottlieb, Mayor A ':!be City of rl.Ventura >Q City M1nllger Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond T eri Holzberg Billy Joel Michael Stem Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Attol7lcy Weiss Serota Helfman Pastoriza Cole & Boniske 1. CALLTOORDER~OLLCALL OCTOBER 6, 2009 6 pm ,.,G'p Government Center 19200 West Country Club Drive Aventura, Florida 33180 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: Employees Certificates of Appreciation 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: September 1, 2009 Commission Meeting September 8, 2009 Commission 1 st Budget Hearing September 17, 2009 Workshop Meeting September 22, 2009 Commission 2nd Budget Hearing Action Taken: Approved B. ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT A VENTURA CITY OF EXCELLENCE SCHOOL OUT-OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED SEPTEMBER 2, 2009. Action Taken: Approved C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $23,500 TO PURCHASE RIFLES AND RACKS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM Action Taken: Approved October 6, 2009 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO ADOPT REGULATIONS THAT WOULD REQUIRE FLORIDA POWER AND LIGHT TO ADOPT A REASONABLE NET-METERING PROGRAM THAT WOULD MAKE THE IMPLEMENTATION AND INSTALLATION OF SOLAR ENERGY MORE ECONOMICALLY FEASIBLE FOR FLORIDA MUNICIPALITIES; PROVIDING FOR AN EFFECTIVE DATE. Action Taken: Adopted as Resolution No. 2009-41 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION AND CONVEYANCE OF EASEMENT FROM CHAMPION RETAIL LIMITED PARTNERSHIP TO THE CITY OF AVENTURA TO ALLOW INSTALLATION OF RED LIGHT CAMERA UTILITIES TO MONITOR WESTBOUND TRAFFIC ON NE 191 STREET AT BISCA YNE BOULEVARD: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION AND CONVEYANCE; AUTHORIZING ACCEPTANCE OF DEDICATION AND CONVEYANCE; PROVIDING FOR EFFECTIVE DATE. Action Taken: Adopted as Resolution No. 2009-39 F. 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. Action Taken: Adopted as Resolution No. 2009-40 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witoesses, but the public may request the Commission to ask questions of staff or witoesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. NONE 7. ORDINANCES: FIRST READING-PUBLIC INPUT: NONE 8. ORDINANCES: SECOND READINGIPUBLIC HEARING: 2 October 6, 2009 A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF A VENTURA BY ADDING NEW ARTICLE VI. ENTITLED "GREEN BUILDING PROGRAM" TO CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE; ESTABLISHING DEFINITIONS, STANDARDS, PROCEDURES, REQUIREMENTS AND INCENTIVES; PROVIDING FOR VOLUNTARY PARTICIPATION RELATING TO NEW CONSTRUCTION OR SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE ARTICLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. Action Taken: Substitute ordinance enacted as Ordinance No. 2009-18 B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO IMPLEMENT GREEN BUILDING INCENTIVES PROPOSED BY ARTICLE VI. "GREEN BIDLDING PROGRAM" OF CHAPTER 14, "BUILDINGS AND BIDLDING REGULATIONS" OF THE CITY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Action Taken: Substitute ordinance enacted as Ordinance No. 2009-19 9. RESOLUTIONS - PUBLIC HEARING: None 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS WORKSHOP MEETING OCTOBER 15,2009 9AM 5TH FLR. EX. CONF. ROOM COMMISSION MEETING NOVEMBER 3, 2009 6 PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 3