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03-02-2004 Â'!be City rJ. ft ventura -i}- '..../ MINUTES CITY COMMISSION MEETING MARCH 2, 2004 6 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen, Bob Diamond, Manny Grossman, Vice Mayor Jay R. Beskin, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Harry Holzberg was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Julie Israel led the pledge of allegiance. 3. ZONING HEARINGS: None. 4. AGENDA: Request for Deletions/Emergency Additions: None. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Cohen, seconded by Commissioner Diamond, unanimously passed and the following action was taken: A. The minutes of the February 3, 2004 Commission Meeting, and February 19,2004 Workshop Meeting were approved. B. Resolution No. 2004-17 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 NORTH MIAMI 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. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $48,000 FOR THE DIVE TEAM EQUIPMENT, SWAT TEAM EQUIPMENT, BALLISTIC HELMETS AND BIKE PATROUSTREET CRIMES UNIT EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Resolution No. 2004-18 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. E. Resolution No. 2004-19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DESIGNATING THE CITY-OWNED PROPERTY LOCATED AT 18375 NE 31 AVENUE AS CITY OF AVENTURA VETERANS PARK; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2004-20 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. 04-02-13-2, YACHT CLUB WAY DRAINAGE IMPROVEMENTS, TO DEVELOPMENT & COMMUNICATION GROUP OF FLORIDA, INC. AT THE BID PRICE OF $132,900.00. 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. 2004-21 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE NEIGHBORHOOD PARKS DISCRETIONARY FUNDS GRANT APPLICATION AS DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000) FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING 2 THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 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. 2003-12 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004 FISCAL YEAR BY REVISING THE 2003/2004 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 Cohen, and seconded by Commissioner Auerbach. Mr. Soroka and Finance Support Services Director Harry Kilgore addressed the Commission's concerns. 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 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 Grossman and seconded by Commissioner Diamond. 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. 2004-05 was enacted. B. Mr. Wolpin read the following ordinance by title: 3 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; 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 was offered by Commissioner Cohen and seconded by Commissioner Diamond. Joanne Carr, Planning Director, addressed the Commission. 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. 2004-06 was enacted. C. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY CODE BY ENACTING A NEW POLICE PENSION PLAN AND TRUST FUND; PROVIDING TERMS FOR IMPLEMENTATION: PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Cohen. Mr. Kilgore and Robert Klaussner, the city's pension counsel, addressed the Commission. An amendment was offered by Commissioner Beskin and seconded by Commissioner Diamond to provide a requirement that the plan trustees be required to provide a fidelity bond in the amount of $1 million. The amendment passed unanimously. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 2004-07 was enacted. 9. RESOLUTIONS: None. 4 10.0THER BUSINESS: None. 11. PUBLIC COMMENTS: Joseph Platnick, 18071 Biscayne Boulevard. 12. REPORTS. As submitted. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously p sed, the meeting adjourned at 7 p.m. Approved by the Commission on April 13, 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. 5