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11-13-2012fro 9 ae MINUTES CITY COMMISSION MEETING NOVEMBER 13, 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 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Howard Weinberg, Luz Urbaez Weinberg, 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 by Police Dept. Lt. Michael Bentolila. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: After nomination by Commissioner Stern, seconded by Commissioner Holzberg and unanimously approved, Commissioner Luz Weinberg was elected Vice Mayor for the next 6 -month period. S. SPECIAL PRESENTATIONS: Ian Nestler, PGAL Architects, presented a LEED Certification Award from the U.S.Green Building Council for the Aventura Arts & Cultural Center Building. Chief Steinberg made a presentation of appreciation to Miami -Dade County Fire Department Firefighter Regainne Georges and his fianc6e Professor Michelle Thompson for their off -duty assistance to the Police Department and in particular Lt. Michael Bentolila during a dangerous police incident in the City. Employee Service Awards were presented by the City Manager to.. Linda Mazzei, Anthony Mihalko, Kevin Childs, and Cosimo Castronovo. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. The following minutes were approved: October 2, 2012 Commission Meeting October 29, 2012 Commission Special Meeting B. Resolution No. 2012 -46 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. C. Resolution No. 2012 -47 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $4,123 IN FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; 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. 2012 -48 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. 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 read the quasi - judicial procedures and ex parte communications, if any, were filed with the City Clerk and then 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 WINE AND BEER AT A COCKTAIL LOUNGE WITHIN SICILIAN 2 OVEN RESTAURANT LOCATED AT 20475 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. City Clerk Teresa M. Soroka administered the oath to those 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 Commissioner Stern and seconded by Commissioner Howard Weinberg. 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 and Resolution No. 2012 -49 was adopted. 7. ORDINANCES: FIRST READING /PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -08 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2011/2012 FISCAL YEAR BY REVISING THE 2011/2012 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 Joel and seconded by Commissioner Cohen. 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. 8. ORDINANCES: SECOND READING /PUBLIC HEARING: None. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no Commission at this time, after motion the meeting adjourned at 6:37 p.m. K3 further business to come before the made, seconded and unanimously passed, .' "'t, T r sa M. 4t, M C, City Clerk Approved by the Commission on January 8, 2013. 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. 4