02-06-2001 Commission Meeting MINUTES Biscayne Medical Arts Center
CITY COMMISSION MEETING 21110 Biscayne Boulevard Suite 101
FEBRUARY 6, 2001 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen,
Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay
Weiss. Commissioner Harry Holzberg was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Marian Nesbitt led the pledge of allegiance.
3. ZONING HEARINGS - None.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 2,
2001 Commission Meeting, the January 25, 2001 Commission Meeting and January
31, 2001 Commission Workshop was offered by Commissioner Rogers-Libert,
seconded by Commissioner Perlow and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
9. C. (Taken out of order) Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF THE CITY OF AVENTURA BY CREATING
SECTION 48-20 "PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS" OF ARTICLE II "USE OF RIGHT-
OF-WAY; PARKING; OTHER REGULATIONS" OF CHAPTER 48
"VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROHIBITING RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN STREETS IN THE CITY; CREATING A
DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR AND
SOLICITOR;" PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Perlow. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Sean Cononie, 7508 Grant Court,
Hollywood; Barry Sacrow, 2719 Lincoln Street, Hollywood; Angle (no address);
John David, Esq., 408 S. Andrews Avenue, Suite 202, Fort Lauderdale,
representing the homeless; Leroy Clark, II, (no address); Randy (no address);
Marty Forman, 2757 S. Oakland Forest Blvd., Oakland Park; Willie Perry (no
address); Ray Berry, Lincoln Street; Helen Harrian, 3650 N. 36th Street #5,
Hollywood; Tammy Galen, 1713 Taylor Street, Hollywood; .Jamie Benjamin, Esq.,
Benjamin & Aronson, Fort Lauderdale; Aron Griffin (no address); Stefan Simon
(no address); Jim Henry (no address); Ms. Mamesh (no address); Sherry
Sacrow, 2719 Lincoln Street, Hollywood; Mark, 2707 Lincoln Street, Hollywood;
Rex Schantz, (no address); Lois Cross, 6570 Lee Street, Hollywood. There being
no further speakers, the public hearing was closed. An amendment was offered
by Vice Mayor Beskin and seconded by Commissioner Rogers-Libert to delete
from Section 1C(1) the words Country Club Drive, Aventura Boulevard, NE 207th
Street and NE 213th Street. An amendment to the amendment was offered by
Commissioner Berger and seconded by Commissioner Perlow to delete Country
Club Drive and Aventura Boulevard from the amendment. An amendment was
offered by Commissioner Rogers-Libert and seconded Vice Mayor Beskin to add
an additional paragraph to Section 1C(1) to provide that vendors may only solicit
upon receipt of permit from City Manager and City Manager shall establish
guidelines including restriction on days of sale and vendor to have safety plan in
place. The Rogers-Libert amendment was deferred for future discussion as a
separate ordinance. The Berger amendment failed 2-4, with Commissioners
Berger and Perlow voting yes and Commissioners Cohen, Rogers-Libert, Mayor
Snyder and Vice Mayor Beskin voting no. The Beskin amendment failed 2-4,
with Commissioner Rogers-Libert and Vice Mayor Beskin voting yes and
Commissioners Berger, Cohen, Perlow and Mayor Snyder voting no. The motion
for approval of the ordinance as presented passed 4-2, by roll call vote, with
Commissioner Rogers-Libert and Vice Mayor Beskin voting no and Ordinance
No. 2001-02 was enacted.
6. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Beautification Advisory Board.
7. CONSENT AGENDA: Vice Mayor Beskin requested removal of items 7B and 7D,
and Commissioner Rogers-Libert requested removal of item 7C from the Consent
Agenda. Mr. Soroka noted an amendment to the easement in 7D. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner
Rogers-Libert, seconded by Commissioner Perlow, unanimously passed and the
following action was taken:
A. Resolution No. 2001-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 01-01-12-2, AVENTURA BOULEVARD ENTRANCE
FEATURES TO RECIO AND ASSOCIATES, INC. AT THE BID PRICE
OF $409,060.00. AUTHORIZING THE CITY MANAGER TO EXECUTE
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ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2001-10 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 BETVVEEN THE CITY OF
AVENTURA AND THE VILLAGE OF EL PORTAL FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2001-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING SUPPORT OF THE MIAMI-
DADE COUNTY SCHOOL BOARD'S ENDEAVORS FOR CONTINUED
APPROPRIATIONS FOR AND DELIVERY OF ALL CURRENTLY
AUTHORIZED POST-SECONDARY, ADULT AND VOCATIONAL
PROGRAMS AND SUPPORTS THE ACCOUNTABILITY MEASURES
AND EQUAL OFFERING OF EDUCATIONAL PROGRAMS BY ALL
AFFECTED EDUCATIONAL INSTITUTES AS DETAILED IN SENATE
BILL 1688; AND PROVIDING AN EFFECTIVE DATE.
G. The following motion was approved:
MOTION TO REJECT ALL BIDS SUBMITTED IN RESPONSE TO BID
NO 00-10-26-2 FOR CONSTRUCTION OF BANDSTAND AT
FOUNDERS PARK
The following items were removed from the Consent Agenda and addressed
separately:
Vice Mayor Beskin and Commissioner Perlow left the room at this time.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CI'~'Y COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
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EXECUTE THE ATTACHED AGREEMENT WITH THE AVENTURA
TURNBERRY JEWISH CENTER, BETH JACOB, TAUBER SCHOOL,
FOR LAW ENFORCEMENT SERVICES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen, unanimously passed (4-0) and Resolution No. 2001-12
was adopted.
Vice Mayor Beskin and Commissioner Perlow returned to the meeting.
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF ART &
CULTURE GROUP, INC. TO PERFORM PROFESSIONAL
CONSULTING SERVICES RELATIVE TO RFP NO. 01-1-10-2,
ROTATING MUNICIPAL ART DISPLAYS; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 2001-13 was
adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENTS FROM YACHT CLUB REALTY CORP.
TO THE CITY OF AVENTURA TO CONSTRUCT, ACCESS AND
MAINTAIN THE AVENTURA BOULEVARD ENTRANCE FEATURES:
AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE
INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Rogers-Libert. Vice Mayor Beskin suggested deletion of the words
from paragraph 8 of the easement "for normal business purposes". The motion
passed unanimously and Resolution No. 2001-14 was adopted.
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8. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE OF AVENTURA BY AMENDING ARTICLE VII
"WATER REGULATIONS" OF CHAPTER 30 "ENVIRONMENT" BY
CREATING SECTION 30-200 "LOCAL IMPLEMENTATION OF THE
WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT"; PROVIDING DEFINITIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
INCLUSION IN THE CODE; REPEALING ANY INCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Perlow. Mayor Snyder opened the public hearing. There
being no speakers, the public hearing was closed. Vice Mayor Beskin suggested
an amendment to paragraph E to provide that City Manager is hereby authorized
and required. The motion for approval, as amended, passed unanimously by roll
call vote.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 199912000 FISCAL
YEAR BY REVISING THE 1999/2000 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 Rogers-Libert and seconded
by Vice Mayor Beskin. Mayor Snyder 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. 2001-03 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2000-25, WHICH
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ORDINANCE ADOPTED A BUDGET FOR THE 2000/2001 FISCAL
YEAR BY REVISING THE 2000/2001 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 Rogers-Libert and seconded
by Vice Mayor Beskin. Mayor Snyder 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. 2001-04 was enacted
C. (Previously addressed above)
10. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A 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 PROPOSED BY
THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION
7.06 OF THE CITY CHARTER; SUBMITTING PROPOSED CHARTER
REVISIONS CONCERNING SECTION 2.02 "MAYOR AND VICE MAYOR,"
SECTION 2.06 "COMPENSATION; REIMBURSEMENT FOR EXPENSES,"
SECTION 3.11 "CITY BOARDS AND AGENCIES," SECTION 4.01
"COMMISSION MEETING PROCEDURE," SECTION 4.11 "INDEPENDENT
AUDIT," SECTION 6.02 "PROCEDURE TO AMEND," SECTION 7.06
"CHARTER REVISION," SECTION 7.09 "NO DISCRIMINATION," SECTION
8.07 "INITIAL ELECTION OF COMMISSION AND MAYOR;" 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
15TH DAY OF MAY, 2001; PROVIDING NOTICE OF ELECTION; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Beskin. Joe Platnick, Biscayne Boulevard, addressed the
Commission. The motion for approval passed unanimously and Resolution No.
2001-15 was adopted.
Mr. Weiss requested that an Executive Session be scheduled to discuss pending
litigation.
11. OTHER BUSINESS: None.
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12. PUBLIC COMMENTS: The following individuals addressed the Commission:
Mr. Platnick; Ginger Grossman and Arthur Grossman, 20100 W. Country Club
Drive; Bernie Weinstein, The Terraces at Turnberry.
13. REPORTS: As presented.
14. 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 8:35 p.m.
/ /'' /
Tet~a M. Soroka,,.,~CMC, City Clerk
,?
Approved by the Commission on March 13, 2001.
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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