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05-03-2011MINUTES CITY COMMISSION MEETING MAY 3, 20116 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDEWROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Oscar Wasserman 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: Mr. Soroka advised the Commission that the applicant for the sign variance in item 7 has requested a deferral until the June 7, 2011 meeting. After motion made by Commissioner Holzberg, seconded by Vice Mayor Diamond and unanimously passed, the request was granted and item 7 will be deferred until June 7, 2011. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Holzberg and unanimously passed, Zev Auerbach was elected Vice Mayor for the next 6 -month period. 5. SPECIAL PRESENTATIONS: Proclamation presented to Michael C. Krop High School student Raya Elias Pushett congratulating her on her participation in Jeopardy game show. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Weinberg, passed unanimously and the following action was taken: A. The following minutes were approved: April 5, 2011 Commission Meeting April 14, 2011 Commission Meeting April 14, 2011 Workshop Meeting B. Resolution No. 2011 -31 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 THE TOWN OF GOLDEN BEACH 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. C. Resolution No. 2011 -32 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE APRIL 12, 2011 MUNICIPAL SPECIAL MAIL -IN BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2011 -33 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 THE CITY OF SWEETWATER 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. E. Resolution No. 2011 -34 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. F. The following motion was approved: MOTION TO ACCEPT THE CITY MANAGER'S REVIEW OF ORDINANCE NO. 2008 -08 TRANSPORTATION MITIGATION IMPACT FEE AS CONTAINED IN THE ATTACHED STAFF REPORT 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 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. 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DENYING A SIGN VARIANCE FOR HHGREGG, INC. ON THE RETAIL BUILDING LOCATED AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. Deferred until the June 7, 2011 Commission meeting. 7. ORDINANCES: FIRST READING /PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2010 -10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2010/2011 FISCAL YEAR BY REVISING THE 2010/2011 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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 Stern, and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously. 8. ORDINANCES: SECOND READING /PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: 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 2011/12 (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 Vice Mayor Auerbach 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 and Ordinance No. 2011 -05 was adopted. 9. RESOLUTIONS — PUBLIC HEARING: None. 3 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Ms. Pushett. 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 at 6:39 p.m. esa M. Soroo, M C, City Clerk Approved by the Commission on June 7, 2011. 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. 4