07-03-2001 Commission Meeting C~¥ o~F MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
JULY 3, 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 Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen,
Mayor Perlow, 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: Dr. Barry Silverman led the pledge of allegiance.
A motion to address item 6 at this time was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Cohen and unanimously passed.
6. CONSENT AGENDA: Commissioner Berger requested removal of items 6F and
6H; Commissioner Holzberg requested removal of item 6C; Commissioner Beskin
requested removal of item 6D; and Commissioner Rogers-Libert requested removal of
item 61. A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger, unanimously passed
and the following action was taken:
A. Minutes were approved as follows: June 5, 2001 Commission Meeting
June 20, 2001 Special Meeting
June 20, 2001 Workshop Meeting
B. Resolution No. 2001-40 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. 01-05-18-2, NE 34TM AVENUE' ROADWAY
RESURFACING PROJECT AT THE BID PRICE OF $91,405.00.
AUTHORIZING THE CITY MANAGER TO EXECUTE 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. 2001-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPOINTING THE FIRM OF CRAVEN
THOMPSON & ASSOCIATES, INC. TO PERFORM GENERAL
PROFESSIONAL ENGINEERING CONSULTING SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
G. Resolution No. 2001-42 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. 01-06-06-2, CUSTODIAL SERVICE FOR THE
GOVERNMENT CENTER AT THE BID PRICE OF $52,800 PER YEAR
TO TRIDON CLEANING CONTRACTORS, INC; AUTHORIZING THE
CITY MANAGER TO EXECUTE 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.
J. Resolution No. 2001-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AVENTURA FIFTEENTH
ADDITION, BEING A REPLAT OF A PORTION OF TRACT E OF
AVENTURA SECOND ADDITION, PLAT BOOK 99 AT PAGE 21, CITY
OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
AN EFFECTIVE DATE.
K. Resolution No. 2001-44 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 CHANGE ORDER FOR THE AVENTURA GOVERNMENT
CENTER, BY AND BETWEEN THE CITY AND JAMES A. CUMMINGS,
INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
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Mayor Perlow announced that the remainder of the Consent Agenda would be
addressed after the zoning hearing.
Mayor Perlow excused himself from the room at this time.
3, ZONING HEARINGS:
Ex-parte communications by Commissioners, if any, were disclosed and filed with
the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in
these hearings were sworn in by the City Clerk.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW 78 OFF-STREET PARKING SPACES
WHERE 86 OFF-STREET PARKING SPACES ARE REQUIRED;
GRANTING APPROVAL OF VARIANCE FROM SECTION 31-144(f) OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A
REAR YARD SETBACK FOR THE EASTERLY BUILDING OF TEN (10)
FEET WHERE A SETBACK OF TWENTY-FIVE (25) FEET IS
REQUIRED; GRANTING RELEASE OF A DECLARATION OF USE
RECORDED JANUARY 15, 1971 IN OFFICIAL RECORDS BOOK 7031,
PAGE 660, WHICH RESTRICTED THE USE OF LOTS 6 AND 7, BLOCK
34 OF HALLANDALE PARK TO SINGLE-FAMILY RESIDENCES; FOR
PROPERTY LOCATED BETWEEN NE 213 STREET AND NE 214
STREET ON THE EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Beskin. Brenda Kelley, Community Development
Director, explained the request of the applicant and entered the staff report into
the record. Vice Mayor Cohen opened the public hearing. The following
individuals addressed the Commission: Ben Lopez, 4105 Ponce de Leon; Alan
Benson, 3943 194th Trail, Sunny Isles Beach, on behalf of the applicant; John
May, 2771 NE 214th Street; and Frank Shiven, Esq. Greenberg Traurig, Ft.
Lauderdale, on behalf of Aventura Hospital. An amendment was offered by
Commissioner Rogers-Libert, seconded by Commissioner Beskin and
unanimously passed to clarify on page 3, Condition #3 that the street lighting on
NE 213th Street, 214th Street and East Dixie Highway adjacent to the site shall
conform to the Aventura signature lighting. There being no further speakers, the
public hearing was closed. The motion passed unanimously (6-0) and
Resolution No. 2001-45 was adopted.
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Mayor Perlow returned to the meeting at this time.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA:
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 01-06-22-11, NE 213TM STREET BEAUTIFICATION
IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION
AT THE BID PRICE OF $589,000.00 AUTHORIZING THE CITY
MANAGER TO EXECUTE 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.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Vice Mayor Cohen. The motion for approval passed unanimously
and Resolution No. 2001-46 was adopted.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF JAMES A.
CUMMINGS, INC. TO PERFORM CONSTRUCTION MANAGEMENT
SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK IN
ACCORDANCE WITH ISQ NO. 01-5-11-2, COMMUNITY/RECREATION
CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
TERMS AND FEES FOR SAID SERVICES; AUTHORIZING
NEGOTIATIONS WITH 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 AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Beskin. The motion for approval passed
unanimously and Resolution No. 2001-47 was adopted.
H, (Taken out of order) Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA FLORIDA, AMENDING RESOLUTION NO. 98-55, WHICH
CONCERNED COMMUNICATIONS BY MEMBERS OF THE CITY
COMMISSION WITH OTHER GOVERNMENTAL ENTITIES AND
PUBLIC PRESENTATIONS, AND WHICH PROVIDES A STANDARD
OF CONDUCT FOR THE MAYOR AND COMMISSIONERS, TO
PROVIDE PROCEDURES CONCERNING VISITS WITH RESIDENT
ASSOCIATIONS; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Cohen. An amendment was offered by Commissioner Berger
seconded by Vice Mayor Cohen and unanimously passed to provide that Section
(d) be amended to provide the City Manager or his designee. A motion to defer
this item to the July Workshop meeting was offered by Mayor Perlow, seconded
by Commissioner Berger and failed, 2-5 with Mayor Perlow and Commissioner
Berger voting yes and Commissioners Holzberg, Beskin, Grossman, Rogers-
Libert and Vice Mayor Cohen voting no. An amendment was offered by
Commissioner Rogers-Libert and seconded by Commissioner Beskin to include
in the definition of resident associations umbrella groups who represent or are
made up of resident associations, homeowner associations, condominium
associations and master associations. The amendment passed 5-2 with
Commissioner Holzberg and Mayor Perlow voting no. An amendment was
offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed to reiterate definitions in Section (d). An amendment was
offered by Commissioner Beskin, seconded by Vice Mayor Cohen and
unanimously passed to eliminate the word representatives and clarify that this
resolution is limited to regular or special meetings of associations or boards of
directors. The amendment passed unanimously. The motion for approval, as
amended, passed unanimously and Resolution No. 2001-48 was adopted.
I. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR ELECTIONS UNDER FLORIDA'S COMMUNICATIONS SERVICES
TAX SIMPLIFICATION LAW; PROVIDING FOR THE ELECTION NOT
TO CHARGE PERMIT FEES TO COMMUNICATIONS PROVIDERS;
PROVIDING FOR INCREASING THE COMMUNICATION SERVICES
TAX RATE BY 0.12% IN LIEU OF IMPOSING PERMIT FEES;
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PROVIDING FOR ADOPTION OF CONVERSION RATES CONTAINED
IN SAID LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Beskin. Harry Kilgore, Finance Support Services
Director, addressed Commission's concerns. The motion for approval passed
unanimously and Resolution No. 2001-49 was adopted.
F. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER
SCHOOLS USA, INC. IN ASSOCIATION WITH CHARTER SCHOOL
DEVELOPERS, INC. TO DESIGN, BUILD, OPERATE AND MAINTAIN
CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING
CENTER FACILITY IN ACCORDANCE WITH RFP NO. 01-06-01-2;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS
AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS
WITH 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 AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Beskin. At the City Manager's recommendation, in order to
insure that a public hearing will take place prior to a decision on the Primary
Learning Center location, an amendment was offered by Commissioner
Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed to
provide for the deferral of scope of services and fee negotiation relative to the
Primary Learning Center to November 2001. Michael Ross, Esq., 19986 NE
36th Place, on behalf of Chancellor Charter Schools, and Glen Pierce, Joaquin
Avino and Jonathan Hage, representing Charter Schools USA, addressed the
Commission. The motion for approval, as amended, passed unanimously and
Resolution No. 2001-50 was adopted.
City Attorney authorized to research procedures for bid protest.
7. ORDINANCES- FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING; ORDINANCES- SECOND READING:
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A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" 7 -
ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2
"BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3
"RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND
REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY
SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION;
PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF
OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE,
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Cohen. Mayor Perlow 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. 2001-08 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR THE CREATION OF THE CITY OF AVENTURA ECONOMIC
DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION;
COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE;
ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND
PROVIDING AN EFFECTIVE DATE,
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. Mayor Perlow opened the public hearing. There being
no speakers, the public hearing was closed. An amendment was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously
passed to clarify in Section 1.B that members shall either own, operate or be the
CEO of a business within the corporate limits of the City, be a resident of the City
presently retired who has extensive experience in business or marketing, and not
more than 2 members may be residents who are not retired, but have extensive
experience in business or marketing. An amendment was offered by Mayor
Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to
include executive directors of not-for-profit corporations and the head corporate
officer of a business located in the City. The motion for approval, as amended,
passed unanimously by roll call vote and Ordinance No. 2001-09 was enacted.
9. RESOLUTIONS: None.
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10. OTHER BUSINESS: None.
11.PUBLIC COMMENTS: The following individual addressed the Commission: Ginger
Grossman, West Country Club Drive.
12. REPORTS: As presented.
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 9:10 p.m.
'~ . ~(~,'(~MCI; Ciiy Clerk
Approved by the Commission on August 7, 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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