05-04-2010~~
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MINUTES
CITY COMMISSION MEETING
MAY 4, 2010 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was
Mayor Susan Gottlieb. Present were Commissioners
Billy Joel, Michael Stern (arrived after Consent Agenda),
Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M
Soroka and City Attorney David Wolpin. As a quorum
the meeting commenced.
2. PLEDGE OF ALLEGIANCE.
called to order at 6:00 p.m. by
Zev Auerbach, Bob Diamond,
Teri Holzberg, Vice Mayor Luz
. Soroka, City Clerk Teresa M.
was determined to be present,
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. ELECTION OF VICE MAYOR: (Heard after item 9B) A motion to nominate
Commissioner Billy Joel as Vice Mayor for the next 6 month period was offered by
Commissioner Diamond and died for lack of second. A motion to nominate
Commissioner Michael Stern as Vice Mayor for the next 6 month period was offered by
Mayor Gottlieb, seconded by Commissioner Auerbach and unanimously passed.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Auerbach, passed unanimously and
the following action was taken:
A. APPROVAL OF MINUTES:
April 6, 2010 Commission Meeting
April 22, 2010 Commission Meeting
April 22, 2010 Workshop Meeting
B. Resolution No. 2010-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PERFORM AUDITING SERVICES; AUTHORIZING THE CITY
MANAGER OF THE CITY OF AVENTURA, FLORIDA ON BEHALF OF
SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
C. Resolution No. 2010-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING ABID/CONTRACT
FOR BID NO. 10-03-29-2, ELECTRICAL MAINTENANCE SERVICES TO
UNIVERSAL ELECTRIC OF FLORIDA INC. AND FLORIDA ELECTRIC
CONTRACTING SERVICE, INC. AT THE IDIVIDUAL BID PRICES
CONTAINED IN EXHIBIT "A" ATTACHED; 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.
D. Resolution No. 2010-23 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2010-24 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 AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND INDIAN CREEK VILLAGE FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $85,850
FOR A FIREARMS TRAINING LAB COMPUTER SYSTEM, RECON
SCOUT ROBOT, CAMERA CONCEALMENT DEVICE, VEHICLE
TRACING DEVICE AND CELLEBRITE FORENSIC DEVICE FROM THE
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POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
G. Resolution No. 2010-25 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.
H. Resolution No. 2010-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING ABID/CONTRACT
FOR RFP NO. 10-02-16-2, SCHOOL UNIFORMS, TO IN UNISON
UNIFORM COMPANY IN ACCORDANCE WITH THE RFP DOCMENT
ATTACHED AS EXHIBIT "A"; 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; AND PROVIDING
FOR 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.
Mr. Wolpin enacted the quasi-judicial proceedings. Ex parte communications, if
any, were filed by the Commission. All. persons giving testimony in items 7A-C
were administered the oath by the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE OF BEER AND WINE AT THE WALGREENS
PHARMACY/DRUG STORE LOCATED AT 3007 AVENTURA
BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND
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SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-
2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Stern. Community Development Director Joanne Carr addressed
the Commission and entered the staff report into the record. She noted that
conditions 1 and 4 would be amended to read "beer and wine" package sales
only. Mayor Gottlieb opened the public hearing. The following individuals
addressed the Commission: Dwayne Dickerson, Esq., Ruden McCluskey,
representing the applicant; and Dr. Joyce Starr, Bonavida resident.
(Commissioner Stern arrived during this item). There being no further speakers,
the public hearing was closed. After discussion, the motion passed 4-3, with
Commissioners Auerbach, Diamond and Stern voting no and Resolution No.
2010-27 was adopted.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 31-171(b)(6) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FORTY-ONE (41) PARKING SPACES,
WHERE A MINIMUM OF SEVENTY-NINE (79) PARKING SPACES ARE
REQUIRED BY CODE FOR THE MIAMI-DADE COUNTY PUBLIC
LIBRARY LOCATED AT 2930 AVENTURA BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern and seconded by
Commissioner Auerbach. Ms. Carr addressed the Commission and entered the
staff report into the record. Miami-Dade County Library representatives
appeared before the Commission. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously and Resolution No. 2010-28 was adopted.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 31-171(b)(5) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FOUR (4) PARKING SPACES, WHERE A
MINIMUM OF NINETEEN (19) PARKING SPACES ARE REQUIRED BY
CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION
31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 127 FEET,
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WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY
CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION
31-221(1)(2) TO ALLOW A 0 FOOT WIDE LANDSCAPE BUFFER
ALONG THE EAST SIDE OF THE PARKING AREA, WHERE A
MINIMUM SEVEN FOOT WIDE LANDSCAPE BUFFER IS REQUIRED
BY CODE, ALL FOR PROPERTY LOCATED ON THE EAST SIDE OF
NE 34 AVENUE BETWEEN NORTH COUNTRY CLUB DRIVE AND NE
207 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Weinberg and
seconded by Commissioner Joel. Ms. Carr addressed the Commission
and entered the staff report into the record. Mayor Gottlieb opened the
public hearing. The following individuals addressed the Commission:
Sam Poole, Esq. 350 E. Las Olas; Morton Small, Assoc. President;
Katrina Gisalak, Ensenada; Ellen Elias, Harbour Way; Marvin Leibowitz,
Del Vista Condo Assoc. President; Debbie Ohana, Ensenada II; Steven
Swerzy, Ensenada; Herbert Small, 3640 Yacht Club Drive; Leon
Rodriguez, engineer. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously and
Resolution No. 2010-29 was adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
9. ORDINANCES: SECOND READING/PUBLIC HEARING:
THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF
DIRECTORS OF THE AVENTURA CITY OF EXCELLENCE SCHOOL:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2009/2010 (JULY 1 -JUNE 30) BY
REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT 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 Joel, and seconded by Vice
Mayor Weinberg. No member of the public spoke. The motion passed
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unanimously by roll call vote and Ordinance No. 2010-04 was enacted.
(Commissioner Diamond was out of the room for the vote)
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 2010111 (JULY 1 -JUNE 30), PURSUANT TO SECTION
4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF
FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING
FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. No
member of the public spoke and the public hearing was closed. The motion
passed unanimously by roll call vote and Ordinance No. 2010-05 was enacted.
10. RESOLUTIONS -PUBLIC HEARING: None.
11. REPORTS: As presented. .
12. PUBLIC COMMENTS: Krop student and Aventura resident Ms. Pushett updated the
Commission on events at the high school. Joseph B. Santo, Tropical Taxi and Don
Spidella -Dania Beach Blvd also addressed the Commission.
13.OTHER BUSINESS: None.
14.ADJOURNMENT: There being no further business to come
at this time, after motion made, seconded any( unanim~ou~
adjourned at 8:20 p.m.
Approved by the Commission on June 1, 2010.
Commission
the meeting
City Clerk
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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