09-02-2014 A'The City of MINUTES Aventura Government Center
Pentlffa CITY COMMISSION vent W.Country Club Drive
September 2, 2014 6 p.m. Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6:13 p.m. immediately following the 6 p.m. Local Planning Agency meeting.
Present were Commissioners Enbar Cohen, Teri Holzberg, Michael Stern, Howard
Weinberg, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager
Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David 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 a fifteen year employee
service award to Officer Ruben Brizuela and a ten year employee service award to
Communications Supervisor Katherine Maas.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission. Mayor Gottlieb requested removal of item 5-B. A motion to approve the
remainder of the Consent Agenda was offered Vice Mayor Joel, seconded by
Commissioner Holzberg passed unanimously by roll call vote and the following action
was taken:
A. The following minutes were approved:
July 8, 2014 Commission Meeting
July 11, 2014 Commission Meeting
July 11, 2014 Workshop Meeting
July 15, 2014 Commission Meeting
C. Resolution No. 2014-39 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. Resolution No. 2014-40 was adopted as follows
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL
LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN
THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ.,
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2014-41 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 MIAMI-DADE COUNTY FOR THE MULTI-AGENCY
GANG TASK FORCE; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $63,000
FOR TRAFFIC MOTORCYCLES AND CARBINE SUPPRESSORS
FROM THE FEDERAL POLICE FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
G. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $12,000
FOR CRIME PREVENTION PROGRAMS, EQUIPMENT AND TRAINING
FROM THE STATE POLICE FORFEITURE FUNDS IN ACCORDANCE
WITH THE CITY MANAGER'S MEMORANDUM.
H. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE
SCHOOL
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2014 AND TO
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ACCEPT FOR FILING THAT LETTER DATED AUGUST 15, 2014
ATTACHED AS ATTACHMENT 1
I. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA 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 20, 2014
J. Resolution No. 2014-42 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. 01-0103-187 FOR
PROFESSIONAL DESIGN SERVICES FOR THE NE 207TH STREET
ROAD RESURFACING IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
K. Resolution No. 2014-43 was adopted as follows
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF BERMELLO
AJAMIL & PARTNERS, INC. TO PROVIDE PARK DESIGN AND
ENGINEERING SERVICES FOR THE PROPOSED NE 188TH STREET
PARK IN ACCORDANCE WITH RFP NO. 14-8-08-2; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN
ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES
SHOULD NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following item was removed from the agenda and addressed separately:
B. Mr. Wolpin read the resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE PROPOSED MIAMI TO
ORLANDO PASSENGER TRAIN SERVICE PROJECT OF FLORIDA
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EAST COAST INDUSTRIES, WHILE CALLING UPON MIAMI- DADE
COUNTY AND FDOT TO ADDRESS EXISTING TRAFFIC SAFETY
CONCERNS RELATED TO THE RAILROAD CROSSING AT U.S. 1 AND
MIAMI GARDENS DRIVE; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gottlieb addressed the Commission and shared her concerns
regarding this resolution. A motion for approval was offered by
Commissioner Luz Weinberg, seconded by Vice Mayor Joel, passed
unanimously and Resolution No. 2014-44 was adopted.
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, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED
IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION
FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30,
2016; BY AMENDING SECTION 36-22 "DEFINITIONS" TO REVISE
THE DEFINITION OF "EARNABLE COMPENSATION"; BY AMENDING
SECTION 36-24 "CONTRIBUTIONS" TO CHANGE THE EMPLOYEE
CONTRIBUTION RATE; AND BY ADDING SECTION 36-36 "COST OF
LIVING ADJUSTMENT"; PROVIDING FOR REPEAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern, and seconded by
Commissioner Howard Weinberg. Mayor Gottlieb opened the public hearing.
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There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote on first reading.
B. City Commission, acting in its capacity as the Governing Board of the City
of Aventura Charter School of Excellence. Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014-07, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2014/2015 (JULY 1 — JUNE 30) BY
REVISING THE 2014/2015 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 Commissioner Holzberg, and seconded by
Commissioner Stern. 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 on first reading.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CODE OF ORDINANCES BY AMENDING SECTION 31-144(C),
COMMUNITY BUSINESS DISTRICT, SUBSECTION c)(5)b. TO
PROVIDE FOR INTERNAL CONSISTENCY AND CROSS-REFERENCE
RELATED TO HEIGHT OF SHOPPING CENTER BUILDINGS;
AMENDING SECTION 31-144(C), COMMUNITY BUSINESS DISTRICT,
SUBSECTION c)(1)t. TO PROVIDE FOR INTERNAL CONSISTENCY
AND CROSS-REFERENCE RELATED TO PET SHOPS; AMENDING
CHAPTER 4, ALCOHOLIC BEVERAGES, SUBSECTION (e)(2) OF
SECTION 4-2 TO CLARIFY EXEMPTION FOR DINING ROOMS AND
RESTAURANTS; AMENDMENT TO SECTION 31-234, OUTDOOR
LIGHTING STANDARDS, TO PROVIDE CONSISTENCY WITH THE
MIAMI-DADE COUNTY CODE OF ORDINANCES AND AMENDING
SECTION 31-221, LANDSCAPING REQUIREMENTS, TO PROVIDE
CONSISTENCY WITH THE MIAMI-DADE COUNTY CODE OF
ORDINANCES AND TO INCREASE THE MINIMUM HEIGHT OF
TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
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A motion for approval, 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
Howard Weinberg, and seconded by Vice Mayor 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: None.
9. RESOLUTIONS — PUBLIC HEARING: None.
10.REPORTS: As presented.
11.PUBLIC COMMENTS: Gustavo Blachman, 21150 NE 38th Avenue.
12.OTHER BUSINESS: None.
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 at 6:48 p.m.
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:cress M. 14;ir
44'a' City Clerk
Approved by the Commission on October 7, 2014.
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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