06-05-2012a° *
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MINUTES
CITY COMMISSION MEETING
JUNE 5, 2012 6 PM
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 Susan
Gottlieb at 6:02 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb,
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: Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Mr. Soroka presented 15 year employee service
awards to: Police Department Employees Sean Bergert, Hans Mastre, Michael
Bentolilla and Assistant to the City Clerk Arleen Llanes.
Scholarships were presented to FIU First Generation Award participants by Vice
Provost Steve Moll and Mayor Gottlieb.
Certificates were presented to graduates of the Aventura 101 Citizen Academy.
A motion was made by Commissioner Auerbach, seconded by Commissioner Stern and
unanimously approved to temporarily adjourn this meeting and reconvene the LPA
meeting. This meeting reconvened at 6:55 p.m.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Weinberg, passed unanimously and
the following action was taken:
A. The following minutes were approved:
May 1, 2012 Commission Meeting
May 22, 2012 Commission Meeting
B. Resolution No. 2012 -22 was adopted:
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 TOWN OF BAY HARBOR ISLANDS 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. Resolution No. 2012 -23 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.
D. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $37,000
FOR TASERS AND RELATED EQUIPMENT FROM THE POLICE
STATE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,000
FOR CONFERENCE ROOM MODIFICATION BUILD OUT FROM THE
POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM
F. Resolution No. 2012 -24 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, THE STATE OF FLORIDA AND THE U.S.
CONGRESS TO SUPPORT AND PROVIDE FUNDING FOR THE
CENTRAL EVERGLADES PLANNING PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
G. Resolution No. 2012 -25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING ADOPTION OF COUNTY- WIDE
ORDINANCE TO PROHIBIT THE SALE AND DISTRIBUTION OF CANDY
FLAVORED TOBACCO PRODUCTS, WHICH ARE COMMONLY
MARKETED TO YOUTHS; PROVIDING FOR DISTRIBUTION OF
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
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H. Resolution No. 2012 -26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PROVIDE THE CITY WITH A LOAN NOT TO EXCEED $10,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY
TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF
VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE
CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA OR HIS
DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID
SERVICES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
7. ZONING HEARINGS: QUASI- JUDICIAL PUBLIC HEARINGS — Please be advised that
the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of
these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each
item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives
testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony
will be given its due weight. The general public will not be permitted to cross- examine witnesses, but the public may
request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must
present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
Mr. Wolpin advised that this matter is quasi - judicial in nature, reviewed the
procedures and read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A SIGN VARIANCE FOR JARED THE GALLERIA OF
JEWELRY STORE ON PROPERTY LOCATED AT 19001 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE.
After being sworn in by Mrs. Soroka with all other interested parties wishing to
offer testimony, Community Development Director Joanne Carr addressed the
Commission and entered the staff report into the record. A motion for approval
was offered by Vice Mayor Holzberg and seconded by Commissioner Auerbach.
Mayor Gottlieb opened the public hearing. Gary Nesbitt, Esq., and Paul
Wolenski, Sterling Jewelers, representing the applicant, addressed the
Commission. There being no further speakers, the public hearing was closed.
The motion for approval passed unanimously and Resolution No. 2012 -27 was
adopted.
8. ORDINANCES: FIRST READING /PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE
PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE
ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL
IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH
OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND
APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM FUNDS EACH
YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND
INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Auerbach. Mayor Gottlieb 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 ordinances by title;
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3250
NE 188 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A ", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY
RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR A PARCEL OF LAND
LOCATED AT 3250 NE 188 STREET AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT A, FROM OP, OFFICE PARK DISTRICT TO
RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of Item 813, including the incorporation by reference into
this hearing of all amendments and testimony, written and verbal, relative to this
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item given at the preceding Local Planning Agency meeting was offered by
Commissioner Stern, and seconded by Vice Mayor Holzberg. Mayor Gottlieb
opened the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote.
A motion for approval of Item 8C, 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 Weinberg and seconded by Commissioner Diamond. Mayor
Gottlieb opened the public hearing. There being no speakers, the public hearing
was closed. The motion for approval passed unanimously by roll call vote.
9. ORDINANCES: SECOND READING/PUBLIC HEARING: None.
10. RESOLUTIONS— PUBLIC HEARING: None.
11. REPORTS: As presented.
12. PUBLIC COMMENTS: Raya Elias - Pushett and Sheree Losos, representing
Krop High School; former Senator Ron Silver; Rosa Naccarato, Admirals Port;
Ellen Elias.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 7:34 p.m.
eresa M. Si ka MMC, City Clerk
Approved by the Commission on July 10, 2012.
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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