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04-13-2004 A'!'he C~ of ftventilra -i}- '",.,,' MINUTES CITY COMMISSION MEETING APRIL 13, 20046 p.m. Aventur. 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 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: Simon Barzalay led the pledge of allegiance. Mayor Perlow asked for a moment of silence for former Mayor Arthur I. Snyder who passed away last Thursday. 3. ZONING HEARINGS: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A COCKTAIL LOUNGE WITHIN PILAR RESTAURANT LOCATED AT 20475 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Ms. Soroka administered the oath to all individuals giving testimony in this hearing. Joanne Carr, Planning Director, addressed the Commission. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. The following individuals addressed the Commission: Sy Chadroff, Esq., 2999 NE 1915t Street; Scott Fredel, on behalf of applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2004-22 was adopted. 4. AGENDA: Request for Deletions/Emergency Additions: None. 5. ELECTION OF MAYOR: Commissioner Holzberg nominated Commissioner Cohen to serve as Vice Mayor for the next 6-month period. Commissioner Cohen declined. A motion was offered by Commissioner Grossman, seconded by Commissioner Holzberg and unanimously passed to appoint Bob Diamond as Vice Mayor for the next six-month period. 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Commissioner Beskin requested removal of item 7-G from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Diamond, seconded by Commissioner Auerbach unanimously passed and the following action was taken: A. The minutes of the March 2, 2004 Commission Meeting, and March 25, 2004 Workshop Meeting were approved. B. Resolution No. 2004-23 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE MARCH 9, 2004 MUNICIPAL SPECIAL ELECTION, AS CERTIFIED BY THE MIAMI-DADE COUNTY CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2004-24 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 PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ., AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2004-25 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI FITNESS CONNECTION INC. TO PROVIDE RECREATIONAL PROGRAMS, ACTIVITIES, EVENTS, LEAGUES, AND SERVICES AS SET FORTH IN RFP 04-4-5-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. The following motion was approved: MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2003. 2 F. Resolution No. 2004-26 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF TWO MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN AND PROVIDING AN EFFECTIVE DATE. The following item was removed from the agenda and addressed separately: G. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT TO DESIGN AND BUILD MIDDLE SCHOOL WING ADDITION TO AVENTURA CHARTER SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLHOUSE DEVELOPERS, INC.; 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 Cohen and seconded by Commissioner Holzberg, The motion for approval passed 5-1, with Commissioner Beskin voting no and Resolution No. 2004-27 was adopted. 8. 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. 2003-06, 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 200312004 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 Grossman, and 3 seconded by Commissioner Auerbach. Mr. Soroka 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 (6-0) with Commissioner Cohen absent from the room for the vote. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: 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 Holzberg 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. 2004-08 was enacted. 10. RESOLUTIONS: None. 11.0THER BUSINESS: None. 12.PUBLIC COMMENTS: Rev. Will Keyser, 13. REPORTS. As submitted, 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimousl pas d, the meeting adjourned at 6:49 p.m. T Approved by the Commission on May 4, 2004. Anyone wishing to appeal any decision made by the City Commission with respect to any ma er 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