10-06-2009
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MINUTES
CITY COMMISSION MEETING
OCTOBER 6, 2009 6 pm
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 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor
Gottlieb, City Manager Eric M. Soroka and City Attorney David M. Wolpin. City Clerk
Teresa M. Soroka was absent due to illness. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Alan Rosenthal.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: City Manager Soroka presented a Certificate of
Appreciation to employee Ernest Long for ten years of service.
5. CONSENT AGENDA: Commissioner Auerbach requested removal of Item 5-0. A
motion to approve the remainder of the Consent Agenda was offered by Commissioner
Joel, seconded by Vice Mayor Holzberg, passed unanimously and the following action
was taken:
A. The following minutes were approved:
September 1, 2009 Commission Meeting
September 8,2009 Commission 1st Budget Hearing
September 17, 2009 Workshop Meeting
September 22, 2009 Commission 2nd Budget Hearing
B. The following motion was approved:
THE CITY COMMISSION, 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.
C. The following motion was approved:
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
E. Resolution No. 2009-39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, 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 BISCAYNE
BOULEVARD: AUTHORIZING THE CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION AND
CONVEYANCE; AUTHORIZING ACCEPTANCE OF DEDICATION AND
CONVEYANCE; PROVIDING FOR EFFECTIVE DATE.
F. Resolution No. 2009-40 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.
The following item was removed from the Consent Agenda and addressed separately:
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, 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.
A motion for approval was offered by Commissioner Auerbach, seconded by
Commissioner Joel, unanimously passed and Resolution No. 2009-41 was
adopted.
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
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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 witnesses, but the public may request the Commission to ask questions of staff or witnesses 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 READING/PUBLIC HEARING: Ordinances amended
subsequent to those passed on first reading were distributed to the Commission for
consideration.
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF THE CITY OF AVENTURA 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.
A motion for approval of the amended ordinance was offered by Commissioner
Stern and seconded by Commissioner Holzberg. Community Development
Director Joanne Carr addressed the Commission and reviewed the amendments.
Mayor Gottlieb opened the public hearing. The following individuals addressed
the Commission: Truly Burton, Miami-Dade County Government Affairs, Alan
Rosenthal, Esq., LEED consultant Jason Biondi. There being no further
speakers, the public hearing was closed. The motion for approval passed 6-1 by
roll call vote with Commissioner Auerbach voting no and Ordinance No. 2009-18
was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE TO IMPLEMENT GREEN BUILDING INCENTIVES PROPOSED BY
ARTICLE VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
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A motion for approval of the amended ordinance was offered by Commissioner
Joel and seconded by Commissioner Weinberg. Ms. Carr addressed the
Commission and reviewed the amendments. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The motion
for approval passed 6-1 by roll call vote with Commissioner Auerbach voting no
and Ordinance No. 2009-19 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Bill Sussman, Sidney-Faye Davis and Rosie Nacarado.
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.
Approved by the Commission on November 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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