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09-03-2013. At) MINUTES CITY COMMISSION MEETING SEPTEMBER 3, 2013 6 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 by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Billy Joel, Howard Weinberg, Luz Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. Commissioner Teri Holzberg was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Representatives of the Aventura Turnberry Jewish Center. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka presented Certificates of Appreciation to the following employees for 15 years of service: Antonio Tomei, Elricco Barnes (not in attendance), Glenn Kitchen (not in attendance), and Thomas Labombarda. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Luz Weinberg, passed unanimously by roll call vote and the following action was taken: A. The following minutes were approved: July 9, 2013 Commission Meeting July 17, 2013 Commission Meeting July 17, 2013 Workshop Meeting B. Resolution No. 2013 -36 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TURNBERRY VILLAGE AND THE CITY OF AVENTURA; 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. 2013 -37 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 $40,000 FOR BALLISTIC VESTS AND SHIELDS FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. The following motion was approved: MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF HONORABLE JUDGE SHELDON SCHWARTZ, (RET.) AS SPECIAL MASTER FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS F. Resolution No. 2013 -38 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 96 -18, WHICH ESTABLISHED COMPREHENSIVE COMMISSION MEETING AND AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO. 2000- 36, RESOLUTION NO. 2001 -26, AND RESOLUTION NO. 2005 -15; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. G. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL, approved the following motion: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2013 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 19, 2013 ATTACHED AS ATTACHMENT 1 H. CITY COMMISSION, ACTING IN BOARD FOR THE AVENTURA approved the following motion: 2 ITS CAPACITY AS THE GOVERNING CITY OF EXCELLENCE SCHOOL, MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL OUT -OF -FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED AUGUST 13, 2013 I. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, approved the following motion: MOTION TO APPROVE DISTRIBUTION PLAN FOR STATE BUDGET ALLOCATED SALARY INCREASES FOR ACES INSTRUCTIONAL STAFF AS CONTAINED IN THE CITY MANAGER'S MEMORANDUM DATED AUGUST 14, 2013 J. Resolution No. 2013 -39 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND CORONADO CONDOMINIUM ASSOCIATION, INC. FOR THE INSTALLATION OF POLICE RADIO FACILITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. K. Resolution No. 2013 -40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE ACTION TO CONVERT NE 29TH PLACE TO A PUBLIC STREET AND PREPARE THE NECESSARY PLANS TO IMPLEMENT SAFETY, LIGHTING AND LANDSCAPE IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. L. Resolution No. 2013 -41 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 01- 0103 -171 FOR PROFESSIONAL DESIGN SERVICES FOR THE COUNTRY CLUB DRIVES (SOUTHBOUND) RESURFACING IMPROVEMENTS PROJECT 3 BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. M. Resolution No. 2013 -42 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 01- 0103 -172 FOR PROFESSIONAL DESIGN SERVICES FOR NE 291h PLACE SAFETY IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; 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. None. 7. ORDINANCES: FIRST READING — PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA AMENDING PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN; PROVIDING FOR COMPLIANCE WITH THE INTERNAL REVENUE CODE; PROVIDING FOR AN AMENDMENT TO THE DEFINITION OF "ACTUARIAL EQUIVALENT "; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Enbar Cohen 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. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 4 "ADMINISTRATION" OF THE CITY CODE, BY AMENDING SECTION 2 -194 "RULES OF PROCEDURE; QUORUM "; BY REVISING THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM AND FOR OFFICIAL ACTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE A motion for approval was offered by Vice Mayor Stern and seconded by Commissioner Joel. 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: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31 -145 "TOWN CENTER ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN CENTER NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Luz Weinberg and seconded by Commissioner Enbar Cohen. Mayor Gottlieb opened the public hearing. The following individual(s) addressed the Commission: Marcy Resnick and Bill Landa, representing the Aventura Turnberry Jewish Center; Mickey Marrero, Esq., and Victor Vallescas, representing the applicant. There being no further speakers, the public hearing was closed. A motion to defer this matter to the October 1, 2013 meeting was offered by Commissioner Joel, seconded by Vice Mayor Stern and unanimously passed. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Trevor Raness, representative of Dr. Michael Krop Senior High School; Peter Murphy, Aventura Marina; Ron Kettles, 7000 Island Blvd.; Steven Bachenheimer, the Peninsula; Arthur Shankar, 4000 Bldg.; Dr. Joseph Zavin, 6000 Bldg.; Paul Ober, 7000 Island Blvd. 12.OTHER BUSINESS: None. 13.ADJOURNMENT: There being no further business to come before the Commission 5 at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:45 p.m. 4Tre&s�aLM. oro a, qMC, City Clerk Approved by the Commission on October 1, 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. R