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MINUTES
CITY COMMISSION MEETING
MAY 4, 2004 (following 6 pm LPA meeting)
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 Jeffrey
M. Perlow immediately following the 6 p.m. Local Planning Agency meeting. Present
were Commissioners lev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman,
Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M. Soroka,
and City Attorney David M. Wolpin. City Clerk Teresa M. Soroka was absent due to
illness. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE.
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Cohen requested that item 6B be removed
from the Consent Agenda. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Holzberg, seconded by Commissioner
Beskin, unanimously passed and the following action was taken:
A.
The minutes of the April 13, 2004 Commission Meeting, and April 22,
2004 Workshop Meeting were approved.
The following item was removed from the Consent Agenda and addressed
separately:
B.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 04-4-19-2, BUS SHELTER #16 TO SELDIN
CONSTRUCTION, INC. AT THE BID PRICE OF $94,951.00;
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.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 2004-29
was adopted.
7.
ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
Mr. Wolpin read the following ordinance by title, noting 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:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING
MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR ONE (1) PARCEL LOCATED AT THE
NORTHEAST CORNER OF NORTH COUNTRY CLUB DRIVE AND NE
34 AVENUE FROM CF, COMMUNITY FACILITY DISTRICT TO RMF4,
MULTI-FAMILY HIGH DENSITY RESIDENTIAL DISTRICT; PROVIDING
INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Perlow opened the public hearing. There being no speakers, the
public hearing was closed. A motion for approval of the ordinance was
offered by Commissioner Holzberg, seconded by Commissioner Cohen
and unanimously failed 0-7 by roll call vote.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DENYING AN APPLICATION TO REZONE
ONE (1) PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER
OF NORTH COUNTRY CLUB DRIVE AND NE 34 AVENUE FROM CF,
COMMUNITY FACILITIES DISTRICT TO RMF4, MULTI-FAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval of the resolution was offered by Commissioner
Holzberg, seconded by Commissioner Cohen, unanimously passed and
Resolution No. 2004-28 was adopted.
B.
Mr. Wolpin read the following ordinance by title, noting 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:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING
MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING
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DESIGNATION FOR ONE (1) PARCEL LOCATED AT 3205 NE 188
STREET FROM RMF-3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT TO CF, COMMUNITY FACILITY DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; 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,
C.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING SECTION 2-394
"PENALTY", TO ENUMERATE ADDITIONAL SECTIONS OF THIS
ARTICLE VII AS BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI-DADE COUNTY ETHICS COMMISSION FOR
ENFORCEMENT; AMENDING SECTION 2-395 "DISCLOSURE OF
BUSINESS RELATIONSHIPS AND GIFTS" BY CLARIFYING THE
METHOD OF DISCLOSURE AND EXTENDING THE TIME PERIOD FOR
WHICH NEW BUSINESS RELATIONSHIPS MUST BE DISCLOSED BY
CITY COMMISSIONERS AND CITY ADVISORY BOARD MEMBERS;
CREATING SECTION 2-396 "FURTHER ETHICS STANDARDS;
PROHIBITIONS AND RESTRICTIONS", TO PROVIDE FOR THE
ENACTMENT OF ADDITIONAL PROHIBITIONS AND RESTRICTIONS
AND ETHICS STANDARDS BEYOND THOSE CURRENTLY PROVIDED
BY APPLICABLE STATE, COUNTY AND CITY ETHICS PROVISIONS,
INCLUDING PROVISIONS CONCERNING THE PROHIBITION OF
CERTAIN APPEARANCES, WORK OR PAYMENT, CONTINUED
RESTRICTIONS AFTER COMPLETION OF CITY SERVICE; FURTHER
RESTRICTIONS ON TRANSACTIONS; PROVIDING FOR SUCH
PROHIBITIONS AND RESTRICTIONS TO ALSO BE APPLICABLE TO
FIRMS, BUSINESS ENTITIES AND BUSINESS ASSOCIATES OF CITY
COMMISSION MEMBERS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR THE STRICTER ETHICS PROVISIONS TO PREVAIL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen, and
seconded by Vice Mayor Diamond. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. An
amendment was offered by Commissioner Holzberg and seconded by
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Commissioner Cohen to remove paragraph 6 on page 7. The motion
failed, 3-4, with Commissioners Auerbach, Cohen, and Holzberg voting
yes and Commissioners Beskin, Grossman, Vice Mayor Diamond and
Mayor Perlow voting no. An amendment was offered by Commissioner
Holzberg, seconded by Commissioner Cohen and unanimously passed to
provide that nothing herein will require a Commissioner to report a
perceived violation by another Commissioner. The motion for approval, as
amended, passed unanimously by roll call vote.
D.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ORDINANCE 2004-07 WHICH ADOPTED THE POLICE PENSION PLAN
AND TRUST FUND AS REQUESTED BY THE STATE OF FLORIDA
DIVISION OF RETIREMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING 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.
8. 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. 2003-06, 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 Vice Mayor 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 and Ordinance No. 2004-
09 was enacted.
9. RESOLUTIONS: None.
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10.0THER BUSINESS: None.
11.PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
Mr. Soroka announced that the Special Meeting scheduled for May 20, 2004 has been
rescheduled to 2 p.m. on May 14, 2004 with the Workshop Meeting following
immediately.
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.
Approved by the Commission on June 1, 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.
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