09-07-1999 Commission Meeting ~~~ TUESDAY, SEPTEMBER 7,1999
6 PM
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, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert,
Mayor Snyder, City Manager Eric M. $oroka, City Clerk Teresa M. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE. Chief Tom Ribel led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
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.
A, Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 110~1 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 500-
GALLON ABOVE-GROUND FUEL STORAGE TANK FOR AN EMERGENCY
GENERATOR IN THE RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL
ZONING DISTRICT, WHERE NO ABOVE GROUND FUEL STORAGE TANKS
ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY;
PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Commissioner Holzberg
disclosed his conflict of interest, filed the appropriate disclosure form and did not
vote on this issue. A motion for approval of the resolution was offered by
Commissioner Perlow and seconded by Vice Mayor Rogers-Libert. Mayor
Snyder opened the public headng. The following individual(s) addressed the
Commission: Brian Damit, Seamar Petroleum, South Miami. There being no
further speakers, the public hearing was closed. The motion for approval of the
resolution passed unanimously, 6~), and Resolution No. 99-46 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the August 3,
1999 Commission Meeting, and the August 25, 1999 Workshop Meeting was
offered by Vice Mayor Rogers-Libert, seconded by Commissioner Berger and
unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: Joe Abell, Director of Parks and Recreation for
the City of Coral Gables, presented the Agency Excellence Award to the
Aventura Community Services Department from the Flodda Recreation and Park
Association. Robert Sherman, Community Services Department Director,
introduced members of his staff and the community who w~re instrumental in
receipt of this award.
7. CONSENT AGENDA:
Commissioner Berger requested removal of items 7C, 7E and 7F and
Commissioner Holzberg requested removal of item 7G, all from the Consent
Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Libert, seconded by Commissioner Berger, unanimously passed
and the following action was taken:
A. Resolution No. 99-47 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF
EASEMENTS FOR DECORATIVE STREET LIGHTING AND
LANDSCAPING FOR NORTHEAST 20TTH STREET IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING EASEMENTS;
AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
B. Resolution No, 99-48 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR
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COMMISSION TRAVEL AND EXPENSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
D. Resolution No. 99-49 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF
BARBARA BRIGHTON AND PATRIClA CROOK TO THE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS ADVISORY
BOARD IN ORDER TO FILL VACANCIES; AND PROVIDING AN
EFFECTIVE DATE.
The following items ware removed from the Consent Agenda and addressed
separately:
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-380
"RESTRICTION ON ACTIVITIES BY CITY LOBBYIST" OF ARTICLE VI
"LOBBYING ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION;"
PROHIBITING ANY PERSON RETAINED BY THE CITY TO SERVE AS
A LOBBYIST FROM LOBBYING THE CITY DURING THE TERM OF
SERVICE AND FOR A PERIOD OF ONE YEAR AFTER COMPLETION
OF SERVICE; PROVIDING PENALTY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Beskin. The motion for approval failed 3-4, with Commissioners
Beskin, Pedow and Vice Mayor Rogers-Libert voting yes and Commissioners
Berger, Cohen, Holzberg and Mayor Snyder voting no.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH
AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE
42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
The following individuals addressed the Commission: Janet Laine, 3900 Island
Blvd., and Clifford Schulman, Esq., representing Williams Island. A motion to
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defer this matter until the October 5, 1999 meeting was offered by Commissioner
Berger and seconded by Vice Mayor Rogers-Libert. The motion for deferral
passed 5-2, with Commissioners Holzberg and Pedow voting no.
F. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND
RECREATION" BY CREATING SECTION 33-2 "PARKS AND
RECREATION USER FEES"; AUTHORIZING USER FEES TO BE
PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES,
ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Holzberg. Commissioner Berger requested that item C2 be
clarified to read $25 per hour per person. Commissioner Holzberg requested the
user fees be cladfied to provide that there will be no per team registration charge
for youth sports. The motion for approval, as amended, passed unanimously by
roll call vote.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN &
HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1999; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT
LE'I-I'ER; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Vice Mayor Rogers-Libert. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Holzberg and unanimously passed to
provide a maximum fee cap of $22,500. The motion for approval of the
resolution as amended, passed unanimously and Resolution No. 99-50 was
adopted.
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'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE
NO. 99-09, BY AMENDING SECTION '1205 ENTITLED "REPAIR OR
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RECONSTRUCTION OF NONCONFORMING STRUCTURE", AMENDING
PARAGRAPH 120,5.4.2 CONCERNING COMMERCIALLY DEVELOPED
PROPERTIES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Perlow. Mayor Snyder opened the public hearing. The following
individual addressed the Commission: Mr. Schulman. There being no further
speakers, the public headng ,,vas closed. The motion for approval passed 5-2,
with Commissioner Beskin and Vice Mayor Rogers-Libert voting no.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: Mr. Weiss read
the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, RELATING TO AD
VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE
APPLIED TO MILLAGE RATES LEVIED BY THE CITY, PROVIDING
REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF
SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF
EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME
LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Cohen. 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. 99-11 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. REPORTS: As presented.
13. PUBLIC COMMENTS: The following individuals addressed the Commission:
Ginger Grossman, 20100 W. Country Club Drive; Leonard Geller, Commodore
Plaza and Rev. Will Keyser, Church of Aventura.
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'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 p.m.
~.Teresa M S ~o~q~a, CMC/AAE City Clerk
Approved by the Commission on October 5, 1999.
,~yone 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 prc~;eedings is made, which record includes the testimony and evidence upon which the appeal is to be
based,
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~NHO MUSTFILE FORM 8B
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council, commiss/on, authority, or committee. It applies equally to membere of advlsory and non-adv/sory bo~es who are presented
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
VOTE WILL BE TAKEN: ' ,
YOU ~ NO ATTEMI~ TO INFLUENCE TH~ DECISION EXCEPT BY DISCUSSION AT THE MEETING:
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the spec/al gain or l~s of my relative,
inured to the special gain or loss of ,by
whom I am retained; or
inured to the special gain or losa of. , which
Date Filsd Si~t~u'e
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