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01-10-2006 A~ . MINUTES CITY COMMISSION MEETING JANUARY 10, 2006 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33160 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:50 p.m. following the Local Planning Agency meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, 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 during LPA meeting) 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-G. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Diamond, seconded by Vice Mayor Joel, unanimously passed and the following action was taken: A. The minutes of the November 1, 2005 Workshop Meeting, November 1, 2005 Commission meeting, November 17, 2005 Commission Meeting, November 17, 2005 Workshop Meeting, December 1, 2005 Workshop Meeting and December 14, 2005 Workshop Meeting were approved. B. Resolution No. 2006-01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT CERTAIN ISSUES AS RECOMMENDED BY THE FLORIDA LEAGUE OF CITIES DURING THE 2006 LEGISLATIVE SESSION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2006-02 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, IN CONJUNCTION WITH THE NORTHEAST MIAMI-DADE MAYORS' JOINT TASK FORCE ON TRANSPORTATION ("TASK FORCE") SUPPORTING THE MIAMI.DADE COUNTY METROPOLITAN PLANNING ORGNIAZATION ("MPO") FUNDING FOR THE SOUTH FLORIDA EAST COAST CORRIDOR TRANSIT ANALYSIS; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2006-03 was adopted as follows: A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF AVENTURA, FLORIDA ACCEPTING DONATION OF ART WORK TO THE CITY; PROVIDING FORAN EFFECTIVE DATE. E. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $83,464 FOR AEDS, BOAT ENGINES FOR MARINE PATROL AND EQUIPMENT FOR A BAIT VEHICLE FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM F. Resolution No. 2006-04 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 DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; 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 Consent Agenda and addressed separately: G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MERCO AT AVENTURA FINAL PLAT, BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI- DADE COUNTY, FLORIDA, LYING AND BEING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Joel, seconded by Commissioner Auerbach, unanimously passed and Resolution No. 2006-05 was adopted. 6. ZONING HEARINGS: None. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: 2 - ...."'...~ ---. ......- ............-- A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS TO REVISE AUTHORITY AND PURPOSE, DEFINITIONS AND USE REGULATIONS TO CREATE ADDITIONAL REGULATIONS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 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 Stern and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Ursula Buono, Point East; Burton Liederman, Point East; Cindy Alvarez, Point East. There being no further 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 THE CITY CODE BY AMENDING CHAPTER 36 "RETIREMENT", AT ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36.36 "RATE OF CONTRIBUTION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor 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. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2004.15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 200412005 FISCAL YEAR BY REVISING THE 2004/2005 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. 3 A motion for approval was offered by Commissioner Auerbach 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. 2006-01 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by title: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; SUBMITTING PROPOSED CHARTER REVISIONS CONCERNING SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND SECTION 5.01 "ELECTIONS"; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 21ST DAY OF MARCH, 2006; PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Joel and seconded by Commissioner Stern. The motion for approval passed unanimously and Resolution No. 2006-06 was enacted. It was the consensus of the Commission that the City provide postage pre-paid envelopes for return of the mail-in ballots. 10. OTHER BUSINESS: Mr. Wolpin requested an Executive Session to be held in the Shefaor litigation matter on Wednesday, January 11, 2006. 11. PUBLIC COMMENTS: Rhea Coleman, Josephine Kianese, Mr. Liederman, Carol Kreskee, Mr. Genen, Zina Gato, Point East residents; Rev. Will Keyser. 12. REPORTS As submitted. 13. ADJOURNMENT: There being no furthe at this time, after motion made, second adjourned at 7:50 p.m. o e before the Commission o Iy passed, the meeting 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