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11-03-2009 A~ e, C~"(t";'; MINUTES CITY COMMISSION MEETING NOVEMBER 3, 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 lev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Rev. Will Keyser. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: Upon nomination by Vice Mayor Holzberg, seconded by Commissioner Joel, and unanimously approved, Commissioner Weinberg was elected Vice Mayor for the next 6-month period. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Vice Mayor Weinberg, passed unanimously and the following action was taken: A. The following minutes were approved: October 6, 2009 Commission Meeting October 15, 2009 Commission Meeting October 15, 2009 Workshop Meeting B. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $40,000 TO PURCHASE AED UNITS AND FOR CHARITIES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM C. The following motion was approved: THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ADOPT STUDENT WELLNESS POLICY FOR AVENTURA CITY OF EXCELLENCE SCHOOL IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM D. Resolution No. 2009-43 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. E. Resolution No. 2009-44 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE COUNTY OFFICE OF GRANTS COORDINATION; TO APPLY FOR, RECEIVE, AND EXPEND $5,970 IN FEDERAL FUNDS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 7. 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 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. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO 2 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 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. 9. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 10. RESOLUTIONS - PUBLIC HEARING: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO. 98-28 AND BY RESOLUTION NO. 2000-24; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern, 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 and Resolution No. 2009-45 was adopted. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Raya Elias Pushett, Krop High School student. 13. OTHER BUSINESS: None. 14. 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 January 5, 2 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. 3