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09-17-2014 The Qty Ayetura Of MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 W.Country Club Drive SEPTEMBER 17, 2014 6 p.m. Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:01 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Howard Weinberg, Luz Weinberg (arrived at 6:04), Michael Stern, Vice Mayor Billy Joel, 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 City Clerk Teresa M. Soroka. 3. PUBLIC HEARINGS: ORDINANCES: SECOND AND FINAL READING: 2014/2015 BUDGET A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 9.66% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2014 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin announced that the rolled back rate is 1.5740 mills. A motion for approval was offered by Vice Mayor Joel 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 and Ordinance No. 2014- 09 was enacted. Mr. Soroka announced that for the 19th year in a row, there has been no tax increase by the City. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 11, 2014, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2014/2015 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, 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 Ordinance No. 2014-10 was enacted. C. 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 Cohen, and seconded by Commissioner 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 and Ordinance No. 2014-11 was enacted. D. Mr. Wolpin read the following ordinance by title: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL 2 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 Luz 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 and Ordinance No. 2014- 12 was enacted. 4. Mr. Wolpin read the following motion: MOTION TO APPROVE SETTLEMENT OF PENDING LITIGATION BETWEEN WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, CITY OF AVENTURA, AND GARY COHEN, ET AL, CONCERNING VESTED RIGHTS DETERMINATION AGREEMENT FOR TWO ISLANDS; AUTHORIZING CITY MANAGER TO EXECUTE AND IMPLEMENT SETTLEMENT. Motion was offered by Commissioner Howard Weinberg and seconded by Vice Mayor Joel. The motion for approval passed unanimously by roll call vote. 5. 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 6:20 p.m. Abut_ R-- .1 1 T r sa M. Sorok. MM , 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. 3