02-18-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, FEBRUARY 18, 1997 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur
Snyder at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor
Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney
Richard Jay Weiss. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Howard Ralby led the pledge of allegiance.
3. APPROVAL OF MINUTES: Councilmember Perlow requested the following
amendments to the minutes of the February 4, 1997 Council Meeting: The date of
February 18, 1996 in item 8 be changed to February 18, 1997; item 9.C. to reflect
unanimous passage of the motion to prepare a resolution. He further requested that
the minutes of the February 12, 1997 Workshop Meeting be amended to reflect a call
to order of 10 a.m. A motion to approve the minutes of the January 27, 1997 Council
Workshop meeting, the February 4, 1997 Council Meeting and the February 12, 1997
Workshop Meeting, as amended, was offered by Councilmember Rogers-Libert,
seconded by Councilmember Perlow and unanimously passed.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCYADDITIONS: Mayor Snyder
requested removal of item 6.A. from the Consent Agenda. Councilmember Cohen
requested removal of item 6. C. from the Consent Agenda. Councilmember Rogers-
Libert requested removal of item 6. E. from the Consent Agenda.
5. SPECIAL PRESENTATIONS: Representative Elaine Bloom presented to Council
Florida House Resolution No. 9169 in honor of the incorporation of the City of
Aventura.
6. CONSENT AGENDA:
B. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AWARDING AND
LETTING A CONTRACT FOR THE CITY'S DENTAL
INSURANCE PROGRAM TO MANAGED CARE OF
NORTH AMERICA/SECURITY LIFE; AUTHORIZING
THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID
CITY, TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
A motion to approve the resolution was offered by Councilmember Rogers-Libert,
seconded by Vice Mayor Berger, unanimously passed and Resolution No. 97-12 was
adopted.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-12 BY
AMENDING THE TERM THEREOF; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by
Vice Mayor Berger and unanimously passed by roll call vote.
A. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, SELECTING THE
FIRM OF ARQUITECTONICA INTERNATIONAL, INC.
TO PERFORM PROFESSIONAL ARCHITECTURAL
SERVICES RELATIVE TO RFQ NO. 97-1-21-2,
GOVERNMENT CENTER AND POLICE FACILITY
NEEDS ASSESSMENT STUDY; AUTHORIZING THE
CITY MANAGER OF THE CITY OF AVENTURA,
FLORIDA, ON BEHALF OF SAID CITY, TO
NEGOTIATE THE TERMS AND FEES FOR SAID
WORK; AUTHORIZING NEGOTIATIONS WITH
ALTERNATE FIRM TO PERFORM THE REQUIRED
SERVICES SHOULD NEGOTIATIONS WITH
SELECTED FIRM BE UNSUCCESSFUL; AND
PROVIDING AN EFFECTIVE DATE.
A motion to approve the resolution was offered by Councilmember Rogers-Libert,
seconded by Councilmember Cohen, unanimously passed and Resolution No. 97-13
was adopted.
C. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, OBJECTING TO
THE USE OF THE NAME AVENTURA BEACH BY
THE SUNNY ISLES CHARTER COMMISSION IN
THE NAME SELECTION PROCESS FOR THE
SUNNY ISLES AREA; URGING THE CHARTER
COMMISSION NOT TO USE THE NAME
AVENTURA BEACH; AND PROVIDING AN
EFFECTIVE DATE.
A motion to approve the resolution was offered by Councilmember Rogers-Libert and
seconded by Councilmember Perlow. An amendment to the resolution to eliminate
the word "vehemently" or "strongly" in the fifth Whereas clause and omit the word
"strongly" in Section 2 was offered by Councilmember Cohen and seconded by
Councilmember Holzberg. A motion to substitute the words "unalterably" in the fifth
Whereas clause and in Section 2 was offered by Vice Mayor Berger, seconded by
Councilmember Rogers-Libert and passed 4-3, with Councilmembers Cohen,
Holzberg and Mayor Snyder voting no. The motion to approve the Resolution, as
amended, passed 4-3, with Councilmembers Cohen, Holzberg and Mayor Snyder
voting no. Thus, Resolution No. 97-14 was adopted.
E. AN ORDINANCE OF THE CITY OF AVENTURA,
FLORII~A, CREATING FILMING REGULATIONS FOR
THE CITY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR APPECABILITY; REQUIRING A
PERMIT AND PERMIT FEE; PROVIDING FOR
LIMITATIONS; REQUIRING NOTICE TO OWNERS;
ESTABLISHING CRITERIA FOR ISSUING PERMITS;
PROVIDING AN APPEAL PROCEDURE; PROVIDING
FOR EXEMPTIONS; PROVIDING PENALTIES;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE
After extensive discussion, a motion to approve the ordinance on first reading was
offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and
unanimously passed. The City Manager was directed to place this ordinance on the
next Council Workshop agenda for further discussion prior to second reading.
?. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
Mr. Weiss reading the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; ESTABLISHING PROHIBITIONS AGAINST
EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS;
ESTABLISHING PROHIBITED ACTS; REQUIRING
PERMITS FOR SPECIAL EVENTS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR ENFORCEMENT
AND PENALTIES FOR VIOLATION; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Mike Radell, Esq. 201 S. Biscayne Boulevard; Alan Krischer, Esq., 1221
Brickell Avenue; and Bob Saccenti, NE 188th Street. There being no further
speakers, the public hearing was closed. A motion to amend the ordinance to include
in Section 3-E "except for the testing of emergency generators as required by law
during the hours of 8 a.m. to 5 p.m. weekdays" was offered by Councilmember
Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. A
motion to amend the ordinance to include in Section 3-F "Nothing herein shall prohibit
the use of nail guns used in construction" was offered by Councilmember Rogers-
Libert, seconded by Councilmember Perlow and passed 5-2, with Councilmember
Beskin and Vice Mayor Berger voting no. A motion to further amend the ordinance to
provide a definition for Weekend as Friday night at 6 p.m. to Sunday until 12 midnight
was offered by Councilmember Perlow, seconded by Councilmember Cohen and
unanimously passed. A motion to approve the ordinance, as amended, was offered
by Councilmember Rogers-Libert, seconded by Councilmember Perlow, unanimously
passed by roll call vote and Ordinance No. 97-06 was enacted.
8. RESOLUTIONS: None
9. OTHER BUSINESS:
Request by Solin and Associates, Inc. to Appeal City
Administration's Decision to Disallow Request for
Proposal
Councilmembers Rogers-Libert and Beskin disclosed conflicts of interest, filed the
4
appropriate Disclosure of Interest Forms with the City Clerk and absented themselves
from the meeting for this discussion. Mr. Soroka explained that the proposal
submitted by Solin and Associates in response to Request for Proposal #97-1-31-2
was disallowed due to its arrival after the time deadline specified in the RFP. Les
Solin, President of Solin and Associates, appeared before Council. After discussion,
no action was taken by Council in response to the request.
10, REPORTS: Mayor Snyder directed the City Manager to place on the next Council
agenda a motion for reconsideration of a resolution urging the State Legislature to
enact legislation prohibiting the use of cellular telephones while operating a moving
motor vehicle.
A motion to add to the agenda on an emergency basis discussion relative to item 6.C.
was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert
and unanimously passed. Mayor Snyder then relinquished the Chair to
Councilmember Perlow. A motion to reconsider item $.C. wes offered by
Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously
passed. After discussion, a motion to adopt the resolution with the amendment that
the words "unalterably" and "strongly" be deleted was offered by Councilmember
Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed by roll call
vote. Councilmember Perlow then returned the Chair to Mayor Snyder.
11. PUBLIC COMMENTS: The following individuals addressed Council: Leonard
Geller, Commodore Plaza; and Bernard Schoenfeld, Coronado II.
There being no further business to come before Council at this time, after motion
made, seconded and unanimously passed, the meeting adjourned at 9:15 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on March 4, 1997.
Anyone wishing to appeal any decision made by the City Council 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.
FORM 8B.. MEMORANDUM OF VOTING ,CONFLICT FOR
COUNTY, MUNICIPAL, .AND OTHER. LOCAL PUBLIC. OFFICERS
WHO MUST FILE FORM 8B
This form is for use by any person carving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, er committee. It applies equally to members or' a(lvisory and non-advisory bodies who are presented
with a voting conflict of interest under l~-'tla~ 112.3143, Flori(la Statutos.
Your responsibilities under the law when faced with vot~nK on a measure in which yo~ have a cortflict of intere~ will vary greatly
depending on whether you hold all siectivs or appointivo posilion. For this reason, please pay clo~e atteatlon ta the irtstxuc~ion~ o~
this f~rn before sompletlng the reverse side sad filing the form.
INSTRUCTIONS FOR COMPLIANCE wITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other ]o~'al public office MUST ABS~AII~ from voting on a maa~ure
which inures to his or her apeeial private gain or loss, Each el~d or appe/nf~l local officer also is prohibited from knowingly vo~ing
on a measure which inure0 to tho speelal gain or loas of ~ principal (other than a government agency) by whom he or she is ret~ine~t
(inc}udlng the parent m-lionization or eubsidior,./ora corporate 10rincipa] h~' which he or she ia retained); to the specie! private gain or
loeo of a relative; or to the special private gain or lo~ of a business a~socla~. Commissioners of community redevelopment a~encies
under ~ 161.356 or 165~57, F~...~d offcenm of independent special ~x districts eleet~l ~m a one-aero, on~-vo~ h..ie are not pro-
hi131tod I¥om voting in that capacity.
For pm-poses of this law, a ~lative' ineludea only the or. cot's father, mother, son, daughter, husbam~, wife, brother, sister, father-
in-law, mother4nJaw, soll-inqaw, and daughter-in-law. A 'business associate' m~ar~ any perso~ or entity engaged in or carryillg on
a btlslnel~ enterprise with the officer as a ~r, joint venturer, caowner et' property, or corporate sharehol~lor (where the shares of
the cmpomlion ore not listed on any natle~la] or re~ona] stock
In 4~ldi~ion to abetainillg from voting in the eituatisas described above, ~'au must dascloze the conflict:
PRIOR ~ TI-IR VOTE BRING TAKEN by publicly stating to the assembly tho nature ~ your interest in the measure on
which you are abstaining from vogt~, am/
WITHIN 15 DAYS AFTER ~ VOTE OCCUP~ by ~ompleting and filing thio form with the peraon mspenslble for recorcllng
the minutes of the meeting= who should incuzl~orete the form in the ~dnutee.
APPOINTED OFFICEP~=
You must abstain ~rom voting and di~h~e the conflict in the situations dasoribed above and in the ma~usr described for elected off-
mrs. In order ta participate in those mattere~ you must discioss the nature or' the conflict before making any attempt to influence tho
decision, whether orally or in writing and whether made by you or at your direction.
IF YOU IIgTEND TO MAIKE AN~ ATTEMP~ ~ INFLUENCE ~ DRCISION PRIOR ~"O 'I'I-IE MEETING AT WHICH THE
¥OTlil wo.,L BE
· You must ~omplste ~nd file this form (before makin~ any attompt to influence the decision) with the perso~ reSPOnsible for
recordinll the minutes of the meeting, who will incorporato the farm ii~ the minute~.
· A copy of the form mu~t be provided immediatolx to the other mombere of the &gellcy.
· The form must be read publicly at ths nextmeotingaftor thc form is file¢l.
CE FORM 88 - REV. 1/95 PAGE
IY YOU MAKE.NO Al'TEMPT TO INFLUENCE THE DECISIOI~ EXCEPT BY DISCUSSION AT THE MEETING:
· You must diselo~ orsl]y th~ rmcm~ ~'lmur contlic~ in the ma~ur~ I~f~r~ participaO, ng.
· You must complet~ the form and file it within l& days aitor the vot~ o~cur~ with tho person responslbl~ for re~rdinff the
minutes of the m~ting, who mu~t inem3~ra~ the form in the minuma. A copy of ti~ fei ,. must be provided imm~liately ~ th~
oth~r members o~'th~ agency, and th~ form mus~; I~ rsm:l publicly at the next meeting al~r the form is filed.
msc,osu.e oF-ocA
I, , /- ~ J ' ' , hereby disclose that on / ,
(a) A measure caane or will come b~fore my agency which (check one)
inured to my a~peclai prive~ gain or
inured t~ the spec/al gain or lo,~s of my business ass~iat% ;
, inured to th~ ap~ia] gain er leas of my r~lat/ve, . ;
whom I am re~irmd; or ~ // /
inured ~o th~ sp~ial gain or loss el' , wh/ch
is the pareri{; organizatioo or ~ul~idiary ~f a principal which has retained me.
(b} The measure befoee my agency anti the nature of my canflicting interest in the nmoasure i~ i~a follows:
NOTICE: UNDRR PROVI$1O~ OF FLORIDA STATWI'ES §1Ii. SI?, A FAILUIII~ TO MAKE AI',IY RF~UIRRD DISCLO- [
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIIqO:
IMPRAci-II~/2~, REMOVAL OR SUSPENSION FROM OPFICE OR EMPLOYMEIqT, DEMOTIOH, REDUCTION IN
SALARY, REPRIMAND. OR A CIVIL PI~ALTY NOT TO F. XCEED $10,000.
CE FOaM e~ - ~. ~$ ~AG~ ~
FORM 8B., MEMORANDUM OF VOTING ,CONFLICT FOR
, COUNTY, MUNICIPAL, .AND OTHER. LOCAL PUBLIC. OFFICERS
WHO MUST FILE FORM 8B
Thin fm'm is fo~ use by any person ser~ng at ~ ~un~ ~, or ~her l~l ]evel of g~vernment
c~n~], ~mmis&on, auth~w, ~ ~it~. It applies equally ~ mem~ of~ ~d non-ad~y ~ who ~ p~n~d
~th a ~ng confli~ ofin~re~t un~r ~ 112.3143, Flo~da ~s.
Your res~n~bili~s under the law ~en ~d ~ v~nK on a me.urn in whi~ you ~w a ~flict of i~r~t
~n~ng on whether you held an elac~ or ap~in~ve ~on. For ~is r~n, p~a~ ~y
t~s f~ ~ ~mp]~ ~ ~ver~ ~ ~d filing ~e fo~.
INSTRUCTIONS FOR COMPLIANCE wITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appoinlive county, municipal, ~ o~er 1~1 ~blic ~ MUST ~ ~om voting ~ ~ m~ure
w~ch inu~s ~ ~ or her ~J~ p~ g~n or I~. g~h el~d ~ ap~n~ 1~ officer ~o is ~o~bimd ~om kno~ly vohng
~ a me~e w~ inu~s ~ ~e s~ g~n ~ l~ of s p~n~ (oth~ t~ a ~vemment agent) by whom he ~ she is re~ned
(i~e)u~ the ~en~ ~ ~ su~&~ ~ a ~ra~ pgnci~ by w~ he or she ia re.ned); ~ the a~ial p~ g~n or
~ ~ ~fi~ ~ that
F~ p~s of ~s hw, a ~la~' inelu~s ~y the ~ce~s fat~r. ~er, ~n,
in-law, mo~-in4aw, ~4n4aw, ~d d~rdn4aw. A ~u~m
~ ~ ~e not ti~ ~ ~y ~ ~ r~ ~k e~h~).
~ O~
~ ~&~on ~ ~ng ~ ~ in ~ ~Oans ~ ~v~, y~ must &~l~e ~e c~fli~:
P~OR ~ ~ VO~ BR~G T~N by publidy ~ng ~ ~ a~mbly tbs nat~e ~ y~r in~ in tbs meagre on
~ 15 ~Y~ ~R ~ V~ ~C~ ~ ~ple~ ~d filing this fora ~ t~ ~m~ ms~n~h~ for r~ding
~ ~u~ ~ t~ ~ng. w~ ~ld i~ t~ fo~ in ~he minus.
~D O~!~:
You m~ ~n ~m vog~g ~d ~1~ the ~nflict in
~. In o~er ~ ~&~ In th~ m~, you must ~M]~ ~e ~ of the e~fli~ ~f~z m~ng any a~mpt ~ infl~n~ ~o
~on, whether o~y ~ in ~a~ ~d whzthsr made ~ you or at ~ur &r~on.
~ YOU ~ ~ ~ ~ ~i'l'~ ~ ~N~
V~ ~ BE T~N:
· You must ~omp]a~ ~d ~)e ~i& fo~ (~a m~ng ~y st~mp[ ~ influence the d~on) ~th ~e pe~n rs~n~bte for
r~g the ~nu~s ~t~ m~ag, who ~]l i~ ~e f~ ip the minute.
. A ~opy ~ the {~ must ~ p~d imm~ly ~ ~e ~er mem~ o~ ~ ~ency.
· ~s f~ mu~ ~ r~ p~icly at the ~ m~ ~r ~e fo~ is filed,
CE ~M SS - REV. ~SS
IF YOU MAI~HO A'I'I'~MPT TO INFLUENCE THE DECL~ION E~CEPT BY D~U~ION AT ~ M~T~G:
· You mua~ ~m~e~ ~e f~ ~d fi~ it ~n 1S days ~r ~e ~ ~ ~th ~e ~ r~n~bl~ for r~n~ ~e
o~r mem~ ~t~ ~, ~d ~e f~ mus~ b ~ pub~cly et ~* ne~ m~ ~r the fo~
(s) A measure came or will ~me ~fol~ my a~enc~ which (check one)
inured ~ my
inured ~ ~ ~Jal g~n ~ l~s ~my rela~ve, ;
in~ed ~ the
wh~ I ~
inu~d ~ ~ s~l ~n ~ 1~ ~ , w~ch
ia t~ ~n~ ~ ~ ~ Qfa pgn~pa] which h~ re~d me.
(b) ~e me~u~ ~f~e my ~en~ ~ ~e nat~ o~ my e~nflic~n~ in~r~s~ in ~e measure is ~ foil--s:
NOTICE: UNDER PROVISIONS OF FLORIDA STATD'r~:S §112.317, A FAILURE TO ~ ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMElqT, REMOVAL OR SUSPENSION FROM OFFICE. OR EMPLOYMENT. DEMOTION, REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10,000.
CE FO~M BEI - P,E~. 1~$ PAGE2