06-07-2011gMi' 1--!j %,
MINUTES
CITY COMMISSION MEETING
JUNE 7, 2011 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 by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel,
Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, 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 Mr. Soroka
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Employee 10 -year service award presented to Judy
Appelgren. Mayor Gottlieb and the City Commission presented a plaque to Mr. Soroka
in honor of his 15 -year tenure with the city.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Holzberg, passed unanimously and the
following action was taken:
A. The following minutes were approved:
May 3, 2011 Commission Meeting
May 12, 2011 Commission Meeting
May 12, 2011 Workshop Meeting
B. Resolution No. 2011 -36 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.
C. Resolution No. 2011 -37 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 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.
D. Resolution No. 2011 -38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2011 -39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL
CENTER ADVISORY BOARD FOR A TWO -YEAR TERM; AND
PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2011 -40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT
FOR BID NO. 11- 04 -19 -2, HVAC MECHANICAL MAINTENANCE
SERVICES TO SSI MECHANICAL AND PREMIER AIR CONDITIONING
& REFRIGERATION, INC. AT THE INDIVIDUAL BID PRICES AS
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.
G. Resolution No. 2011 -41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT
FOR BID NO. 11- 05- 16 -02, BISCAYNE BOULEVARD DECORATIVE
LIGHTING IMPROVEMENTS, TO UNDER POWER CORPORATION AT
THE BID PRICE OF $236,275; AUTHORIZING THE CITY MANAGER TO
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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.
Vice Mayor Auerbach left the room at this time.
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.
All those wishing to give testimony in this item were sworn in by City Clerk
Teresa Soroka.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A SIGN VARIANCE FOR HHGREGG, INC. ON THE
RETAIL BUILDING LOCATED AT 19925 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Diamond. Mayor Gottlieb opened the public hearing. Community
Development Director Joanne Carr addressed the Commission and entered the
staff report into the record. Bonnie Miskel, Esq. and Tom Gianni, Image One,
representing the applicant, addressed the Commission. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously (6 -0 with Vice Mayor Auerbach absent from the room) and
Resolution No. 2011 -42 was adopted.
Vice Mayor Auerbach returned to the room.
7. ORDINANCES: FIRST READING /PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: 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
3
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 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 -06 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
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 ss the meeting
adjourned at 6:29 p.m. Q
eresa M. SorokaYMMC, City Clerk
Approved by the Commission on July 5, 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
FORM 813 . MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME MIDDLE NAME NAME OF BOARD,COUNCn ,.COMMISSION, AUTHORITY, OR COMMITTEE
Aur-Ab 2F✓ QD ALLSSi I
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
' � � O � � • w•�,ap A�b �Q - WHI�C i SERVE IS A UNIT OF:
CITY (Y (' •,+Y`COUNTY Q +' _ ❑ COUNTY 0 OTHER FOCAL AGENCY
��N � G '� % ���� NAMEJQF POLITICAL SUBDMSI N:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
G � ^ � • 1 - p�CECfIVE �i•
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applie$ equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest un4gs,-Section 112.3143, Vloridd $
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
this form before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or oti er'local public ofiie'e MUST ABSTAIN from vo�na'on a measure
which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he'or she is retained
(including the parent organisation or subsidiary of a corporate principal by which he or she fs retained);'tp they special private gain or
loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment` agencies
under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are pro-
hibited from voting in that capacity.
For purposes of this law, a' relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -
in -law, mother -in -law, son -in -law, and daughter -in -law. A business associate' means any person or entity engaged in or carrying on
a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-
cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the
decision, whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WII.L BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the forxxmusy be read,publicly at the next meeting after the form is filed. .
;,OI$CI.OSURE OF LOCAL OFFICE4449 INTEPIk'ST
I, ,hereby disclose that on _ d �E ' [
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain "loss of my business associate,_,
i ured to the special gain or loss of my relative,_
ured to the special gain or loss of tai 4 C
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
did
�►e�`"
(70b n1
9/7//
Date Filed
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAMURE TO MARE ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - REV. 1/95 PAGE 2