06-01-2004
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MINUTES
CITY COMMISSION MEETING
JUNE 1, 20046 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 6:05 p.m. by
Mayor Jeffrey M. Perlow following the Aventura Charter School Board of Directors
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, 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: Mr. Goodman led the pledge of allegiance.
3. ZONING HEARINGS:
Ex-parte communications by Commissioners, if any, were disclosed and filed with the
City Clerk in accordance with City Code Section 34. All witnesses giving testimony in
these hearings were sworn in by City Clerk Teresa M. Soroka.
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 PERMIT THE
MIDDLE SCHOOL WING ADDITION TO THE AVENTURA CHARTER SCHOOL
ON A PROPERTY WITH A RESIDENTIAL LAND USE DESIGNATION
LOCATED AT 3205 NE 188 STREET; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Cohen. Joanne Carr, Planning Director, explained the request
and entered the staff report into the record. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The motion
for approval passed 6-1, with Commissioner Beskin voting no, and Resolution
No. 2004-30 was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Holzberg requested removal of item 6-C and
Commissioner Beskin requested removal of item 6-B, all from the Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Diamond, seconded by Commissioner Cohen, unanimously passed and the
following action was taken:
A.
D.
The minutes of the May 4, 2004 Commission Meeting, and May 14, 2004
Workshop Meeting were approved.
Resolution No. 2004-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, NAMING A PORTION OF THE CITY OWNED
PROPERTY ADJACENT TO THE AVENTURA RECREATION CENTER
AS THE ARTHUR I. SNYDER MEMORIAL PARK AS A MEMORIAL IN
RECOGNITION OF THE DISTINGUISHED SERVICE RENDERED TO
THE CITY BY THE CITY'S FIRST MAYOR, ARTHUR I. SNYDER;
PROVIDING FOR AN EFFECTIVE DATE.
E.
Resolution No. 2004-32 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. 04-05-06-2, HOSPITAL DISTRICT NE 213TH STREET
CONNECTOR IMPROVEMENTS, TO HORIZON CONTRACTORS, INC.
AT THE BID PRICE OF $289,000.00. 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.
F.
The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000
FOR THE JUVENILE DRUG PROGRAM, CRIME PREVENTION
SUPPLIES AND EQUIPMENT, AND TRAFFIC UNIT EQUIPMENT FROM
THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
G.
Resolution No. 2004-33 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 HALLANDALE BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
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TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and
addressed separately:
B.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2004/05 TO 2008109 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 Vice Mayor Diamond and seconded
by Commissioner Cohen. Commissioner Beskin moved to delete funding
for the charter middle school. The motion died for lack of a second. The
motion for approval passed unanimously by roll call vote and Resolution
No. 2004-34 was adopted.
C.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND
THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Diamond and seconded
by Commissioner Cohen. Commissioner Holzberg moved to increase the
merit bonus to $20,000. The motion died for lack of a second. The
motion for approval passed unanimously by roll call vote and Resolution
No. 2004-35 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A.
Mr. Wolpin read the following ordinance by title:
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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 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 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-
11 was enacted.
B.
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 ENFORCEMENT REQUIREMENTS
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.
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A motion for approval was offered by Commissioner Beskin 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-
12 was enacted.
C.
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 Cohen and seconded
by Vice Mayor Diamond. Robert Klaussner, the City's pension consultant,
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-
13 was enacted.
9. RESOLUTIONS: None.
10.0THER BUSINESS: None.
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and animously ssed, the meeting
adjourned at 7 p.m.
Approved by the Commission on July 6, 2004
Anyone wishing to appeal any decision rnada 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 besed.
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