09-22-2010li ke Cky Of MINUTES Aventura Government Center
fiiiiifra CITY COMMISSION MEETING 19200 W. Country Club Drive
SEPTEMBER 22, 2010 6 P.M. Aventura, Florida 33180
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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, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, 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.
3. PUBLIC HEARINGS: ORDINANCES: SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 7.44% BELOW THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2010 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Joel. Mr. Soroka commented on the ordinance. 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. 2010 -09 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 15, 2010, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2010/2011 FISCAL YEAR,
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
PROCEDURES REGARDING ENCUMBRANCES AND THE RE-
APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
Ordinance No. 2010 -10 was enacted.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Auerbach. Mr. Soroka commented on the ordinance. 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
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,500,000 IN
AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY
TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF
VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE
NON -AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL
OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE
OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF
SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Joel. 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. 2010 -11 was enacted.
4. RESOLUTION: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING THE PROPOSAL OF BANK OF AMERICA, N.A. TO
PROVIDE THE CITY WITH A LOAN IN A NOT TO EXCEED PRINCIPAL
AMOUNT OF $16,500,000 TO REFINANCE THE COSTS OF ACQUISITION
AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO
PAY COSTS AND EXPENSES OF ISSUING SUCH DEBT; APPROVING THE
FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A
LOAN AGREEMENT, INCLUDING A PROMISSORY NOTE ATTACHED
THERETO IN ORDER TO EVIDENCE SAID LOAN; AUTHORIZING THE
REPAYMENT OF THE NOTE UNDER THE LOAN AGREEMENT ONLY FROM
NON -AD VALOREM FUNDS APPROPRIATED FOR SUCH PURPOSE;
AUTHORIZING THE ESTABLISHMENT OF AN ESCROW ACCOUNT;
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DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY
CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER
DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
5.
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Auerbach. The motion for approval passed unanimously and
Resolution No. 2010 -50 was adopted.
ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and nanimously passed, the meeting
adjourned at 6:16 p.m. n
Approved by the Commission on October 5, 2010.
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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