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07-18-2002 MINUTES COMMISSION MEETING JULY 18, 2002 9:30 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:30 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger, 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. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a powerpoint presentation showing an overview of the financial performance of the City over the last six years. He then reviewed the proposed 2002/03 budget document, as follows: A. GENERAL FUND, including Revenues, General Government Departments (City Commission, City Manager, Finance Support Services, Legal, City Clerk), Public Safety Department, Community Development Department, Community Services Department, Non-Departmental and Capital Outlay. A motion for approval of the General Fund Budget Revenues was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. A motion to approve the City Commission budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the City Manager budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the Finance Support Services budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. A motion to approve the Legal Department budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. A motion to approve the City Clerk budget was offered by Commissioner Rogers- Libert, seconded by Commissioner Beskin and unanimously passed. A motion to approve the Public Safety budget was offered by Commissioner Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the Community Development Department budget was offered by Commissioner Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the Community Services Department budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. A motion to approve the Non-Departmental budget was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. A motion to approve the Capital Outlay budget was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger, and unanimously passed. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2002/03 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUGET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution, which establishes a millage rate for the 2002/03 fiscal year of 2.227 per $1,000 of taxable assessed value, was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and Resolution No. 2002-42 was adopted. Mayor Perlow announced the first budget public hearing for September 3, 2002 at 5:45 p.m. C. POLICE EDUCATION FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. D. STREET MAINTENANCE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin and unanimously passed. F. PARK DEVELOPMENT FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. 2 G. DEBT SERVICE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen, and unanimously passed. H. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Grossman, and unanimously passed. I. STORMWATER UTILITY FUND: A motion for approval was offered by Commissioner Rogers~Libert, seconded by Vice Mayor Berger and unanimously passed. J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. 3. PUBLIC HEARING: ORDINANCES: SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 200'1-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 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 Commissioner Holzberg. Mayor Pedow 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. 2002-18 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE AND/OR REIMBURSE COSTS RELATING TO THE SITE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A K-5 CHARTER ELEMENTARY SCHOOL AND THE COMPLETION OF A COMMUNITY 3 RECREATION CENTER AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Dr. Eric Albin, 3733 NE 209th Terrace. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002-19 was enacted. 4. RESOLUTIONS: Mr. Wolpin read the following resolutions by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CHANGE OF CONTROL OF TCl TKR OF SOUTH FLORIDA, INC., TO AT&T COMCAST. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CHANGE OF CONTROL OF DISTRICT CABLEVlSlON LIMITED PARTNERSHIP, TO AT&T COMCAST. The following individuals addressed the Commission: Ila Feid, Esq., Leibowitz & Associates, the City's cable counsel; Susan Bisno, and Mike Tanck on behalf of AT&T; and Dr. Albin. A motion for approval of item 4A was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 2002-43 was adopted. A motion for approval of item 4B was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 2002-44 was adopted. C. Mr. Woipin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $13,000,000 AGGREGATE PRINCIPAL AMOUNT FROM 4 THE FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION LOAN PROGRAM TO FINANCE AND/OR REFINANCE CERTAIN CAPITAL PROJECTS OF THE CITY; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE LOAN AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE ISSUANCE OF ONE OR MORE NOTES NOT TO EXCEED $13,000,000 AGGREGATE PRINCIPAL AMOUNT TO EVIDENCE THE OBLIGATION OF THE CITY TO REPAY THE LOANS; PROVIDING FOR THE TERM AND REPAYMENT PROVISIONS THEREOF; AUTHORIZING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. The motion for approval passed unanimously and Resolution No. 2002-45 was adopted. Due to the unavailability of the final drafts of the subject documents prior to the meeting, Commission to review in detail and provide individual comments to the City Manager on or before Monday, July 22, 2002. 5. ADJOURNMENT: meeting adjourned at 12:15 p.m. After motion made, seconded and unanimously passed, the T lerk Approved by the Commission on September 3, 2002. 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. 5