02-03-2004
A~ City of
fiventUra
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MINUTES
CITY COMMISSION MEETING
FEBRUARY 3, 2004
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:15 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners lev Auerbach, Ken Cohen,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Reverend Will Keyser led the pledge of allegiance.
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions: A motion was offered by
Commissioner Cohen, seconded by Commissioner Diamond and unanimously passed
that item 60 be moved to item 9.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-E from
the Consent Agenda. A motion to approve the remainder of the Consent Agenda
was offered by Commissioner Holzberg seconded by Commissioner Cohen,
unanimously passed and the following action was taken:
A.
The minutes of the January 6, 2004 Commission Meeting, January 22,
2004 Special Meeting and January 22, 2004 Workshop Meeting were
approved.
B.
Resolution No. 2004-10 was adopted as follows:
A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-040
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PREPARE
SPECIFICATIONS AND BID DOCUMENTS FOR LANDSCAPING,
IRRIGATION, STREETLIGHTING, AND ELECTRICAL IMPROVEMENTS
TO YACHT CLUB WAY AND TURN BERRY WAY FOR THE AMOUNT
OF $45,100.00; 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. 2004-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES
DURING THE 2004 LEGISLATIVE SESSION; PROVIDING FOR
EFFECTIVE DATE.
F.
Resolution No. 2004-12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT ON THE NE 31sT
AVENUE PARK SITE; PROVIDING FOR RECORDATION; PROVIDING
AN EFFECTIVE DATE.
G.
Resolution No. 2004-13 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REVISED ADOPTION AGREEMENTS AND
TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION;
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. 2004-14 was adopted as follows:
A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-028
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PERFORM A STUDY TO
DETERMINE THE FEASIBILITY OF ACQUIRING THE ROADWAY
KNOWN AS "JACK SMITH BOULEVARD" FOR THE AMOUNT OF
$24,700.00; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
The following item was removed from the Consent Agenda and addressed
separately:
E.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER
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SCHOOLHOUSE DEVELOPERS, INC. TO DESIGN AND BUILD A
MIDDLE SCHOOL WING ADDITION TO THE CHARTER SCHOOL IN
ACCORDANCE WITH RFQ NO. 03-12-12--2; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID
SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE
FIRMS TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Oiamond and
seconded by Commissioner Auerbach. The motion passed 6-1, with Vice
Mayor Beskin voting no, and Resolution No. 2004-15 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL
YEAR BY REVISING THE 2002/2003 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 Holzberg, and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-241 ENTITLED "WIRELESS TELECOMMUNICATIONS
TOWERS AND ANTENNAS" BY AMENDING SECTION 31-241(a)
PROVIDING FOR PURPOSE; SECTION 31-241(b) PROVIDING FOR
DEFINITIONS; SECTION 31-241(c) PROVIDING FOR APPLICABILITY;
SECTION 31-241 (d) PROVIDING FOR GENERAL REQUIREMENTS
AND MINIMUM STANDARDS; SECTION 31-241(e) PROVIDING FOR
PERMITTED USES ON PUBLIC PROPERTY; SECTION 31-241(f)
PROVIDING FOR PERMITTED USES ON PRIVATE PROPERTY;
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SECTION 31-241(g) PROVIDING FOR CONDITIONAL USE; SECTION
31-241(h) PROVIDING FOR STANDARDS FOR BUILDINGS OR OTHER
EQUIPMENT FACILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Diamond, and seconded by Commissioner
Cohen. Mayor Perlow opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING ARTICLE VI "LOBBYING
ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION," BY REPEALING
ALL OF ARTICLE VI, CONSISTING OF SECTION 2-371 THROUGH
AND INCLUDING SECTION 2-377, EXCEPT FOR SECTION 2-375
"PENALTIES," AND ADOPTING A NEW ARTICLE VI "LOBBYING
ACTIVITIES" TO CONSIST OF SECTION 2-371 "LOBBYISTS" AND
SECTION 2-375 "PENALTIES" OF CHAPTER 2 "ADMINISTRATION,"
BY ADOPTING SECTION 2-11.1 (S) OF THE MIAMI-DADE COUNTY
CODE CONCERNING LOBBYING, AS MODIFIED HEREIN; PROVIDING
FOR RELATED FEES AND OTHER PROVISIONS CONCERNING
LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. Mayor Perlow opened the public hearing.
The following individual addressed the Commission: Joseph Platnick.
There being no further speakers, the public hearing was closed. The
motion for approval passed 6-1 by roll call vote, with Commissioner
Auerbach voting no, and Ordinance No. 2004-03 was enacted.
B.
A motion to defer this matter to the March 2, 2004 Commission meeting
was offered by Commissioner Cohen, seconded by Commissioner
Diamond and unanimously passed.
C.
Mr. Wolpin read the following ordinance by title:
4
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-06, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30) BY
REVISING THE 2003/2004 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 Cohen, and
seconded by Commissioner Auerbach. Mayor Perlow 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. 2004-04 was enacted.
Mayor Perlow left the room at this time.
9. RESOLUTIONS: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF AN
EASEMENT AGREEMENT FROM AVENTURA OFFICE PARK
CONDOMINIUM ASSOCIATION, INC. TO THE CITY OF AVENTURA TO
MAINTAIN THE STREETLIGHT ELECTRICAL SYSTEM AT 21355
EAST DIXIE HIGHWAY; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE EASEMENT AGREEMENT; AUTHORIZING
ACCEPTANCE OF THE EASEMENT AGREEMENT PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Holzberg. Vice Mayor Beskin suggested removal of provision in
paragraph 2 of the agreement that provides that the easement shall run with the
ownership of the property. The motion for approval passed unanimously, 6-0
and Resolution No. 2004-16 was adopted.
Mayor Perlow returned to the room at this time.
10.0THER BUSINESS: None.
11. PUBLIC COMMENTS: None.
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12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and pnanimou~.. p. ssed, the meeting
adjourned at 6:52 p.m. I I I .
~ W<'c....
Te sa M. Sór ka CMC, City Clerk
J
Approved by the Commission on March 2, 2004.
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.
6
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
PERLOW, JEFFREY M. AVENTURA CITY COMMISSION
MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
19200 W. COUNTRY CLUB DRIVE WHICH I SERVE IS A UNIT OF.
CITY COUNTY X¡;CITY 0 COUNTY 0 OTHER LOCAL AGENCY
A VENTURA MIAMI -DADE NAME OF POLITICAL SUBDIVISION.
CITY OF AVENTIJRA
DATE ON WHICH VOTE OCCURRED MY POSITION IS.
n~ n~ nI. II ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 88
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. euthority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
connict of interest under Section 112.3143. Florida Statutes.
Your responsibiiities under the iaw when faced with voting on a measure in which you have a confiict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, piease 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 other local pubiic office MUST ABSTAIN from voting 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 mea-
sure 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 organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the speciai 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 not prohibited 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-iaw, son-in-law, and daughter-in-iaw. 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 confiict:
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 min-
utes of the meeting. who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting In the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to innuence 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 WILL BE
TAKEN.
. You must complete and fiie 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. (Continued on other side)
CE FORM B8. EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publiciy at the next meeting after the torm is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disciose orally the nature of your confiict 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 form must be read pubiicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
" -- JEFFREY M. PERLOW ----, hereby disclose that on
FEBRUARY 3
,2¡\J~
(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 or loss of my business associate, ------------'----;
- inured to the special gain or ioss of my reiative,
- inured to the special gain or loss of
whom I am retained; or
. by
- inured to the special gain or ioss of -----~----
Is the parent organization or subsidiary of a principal which has retained me.
. which
(b) The measure before my agency and the nature of my confiicting interest in the measure is as follows:
AGENDA ITEM 6-D/q
LEGAL SERVICES PROVIDED BY ME TO ONE OF THE PARTIES INVOLVED IN SUBJECT HA'ITER
----J..M°of --------
Date Filed
~.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
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 BB - EFF. 1/2000
PAGE 2