11-02-1999 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, NOVEMBER 2, 1999 6 PM
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Arthur Berger. Present were Commissioners Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Berger, Mayor
Arthur I. Snyder, City Manager Eric M. Soroka, 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. Mr. Geller 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 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY
NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET,
TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA
ON THE NORTH AND SOUTH ELEVATIONS WHERE ONLY ONE
WALL SIGN OF 160 SQUARE FEET IN AREA IS ALLOWED;
APPROVING A SIGN VARIANCE TO PERMIT TWO WALL SIGNS TO
BE LOCATED MORE THAN 50% ABOVE THE BUlLDING'S
ROOFLINE; PROVIDING AN EFFECTIVE DATE.
At the request of the applicant, a motion to continue this matter to the January 4,
2000 Commission meeting was offered by Commissioner Rogers-Libert,
seconded by Commissioner Perlow and unanimously passed, 6-0, with Mayor
Snyder disclosing his conflict of interest, filing the appropriate disclosure form
and abstaining from the vote.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 5,
1999 Commission Meeting was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Certificate of
Appointment to newly-appointed Recreation and Cultural Arts Advisory Board
member Barbara Brighton.
Commissioners Cohen and Rogers-Libert presented a flag flown over the US
Capitol on September 14, 1999 at the request of Senator Bob Graham for the
City of Aventura.
7. CONSENT AGENDA:
Vice Mayor Berger requested removal of items 7D, 7E and 7J, Commissioner
Perlow requested removal of items 7H and 7K, and Commissioner Holzberg
requested removal of items 7A, 7C, 7F and 7G, all from the Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg,
unanimously passed and the following action was taken:
B. Resolution No. 99-59 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST
34TM AVENUE: AUTHORIZING THE CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
I. Resolution No. 99-60 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 1999-10-13-
01 FOR PROFESSIONAL DESIGN SERVICES FOR NE 34TM AVENUE
STREET LIGHTING IMPROVEMENTS BY AND BETWEEN THE CITY
OF AVENTURA AND C.A.P. ENGINEERING CONSULTANTS, INC,;
AUTHORIZING CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
The following items ware removed from the Consent Agenda and addressed separately:
A. Mr. Weiss 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. 99-9-28-2, BISCAYNE FOUR MEDIANS#RIGHT-OF-WAY
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MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID PRICE
OF $77,000; 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 Perlow, seconded by
Commissioner Rogers-Libert, unanimously passed and Resolution No. 99-61
was adopted.
C. Mr. Weiss 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. 99-6-21-2, NE 191 ST/NE 29 AVE/NE 187 ST
LANDSCAPE IMPROVEMENTS, TO VlLA & SON LANDSCAPING
CORPORATION AT THE BID PRICE OF $119,897.75. 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, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 99-62 was
adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.62
FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND
CONSTRUCTION OF THE FOUNDERS PARK OUTDOOR
STAGE/BANDSTAND BY AND BETWEEN THE CITY OF AVENTURA
AND KEITH AND SCHNARS, P.A. FOR THE AMOUNT OF $31,820;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen, seconded by
Commissioner Rogers-Libert, unanimously passed and Resolution No. 99-63
was adopted.
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E, 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 1999/2000 FISCAL
YEAR BY REVISING THE 199912000 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTMNED 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.
Mr. Soroka noted a typographical error in the spreadsheet attachment
which would be revised prior to second reading. A motion for approval
was offered by Commissioner Beskin, seconded by Commissioner
Rogers-Libert and unanimously passed by roll call vote.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.65
FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND
CONSTRUCTION OF WATERWAYS PARK IMPROVEMENTS BY AND
BETWEEN THE CiTY OF AVENTURA AND KEITH AND SCHNARS,
P.A. FOR THE AMOUNT OF $25,300; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Perlow, unanimously passed and Resolution
No. 99-64 was adopted.
G. Mr. Weiss read the following motion:
MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 99-9-24-2 -
COLORED FILTER LENSES FOR UPLIGHTS ON AVENTURA BLVD.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Berger and unanimously passed.
H. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF
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DEDICATION OF PRIVATE ROAD RIGHT OF WAY FOR YACHT CLUB
WAY IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER
TO OBTAIN DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Beskin. Ted LeSavoy, Mystic Point,
addressed the Commission. The motion was unanimously passed and
Resolution No. 99-65 was adopted.
J. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE
NEIGHBORHOOD PARKS INTEREST EARNINGS GRANT
APPMCATION AS DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY
OF AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE
AMOUNT OF NINETY EIGHT THOUSAND SEVEN HUNDRED TEN
DOLLARS ($98,710.00) FROM THE MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARKS BOND PROGRAM; AND 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. 99-66 was adopted.
K. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998199 FISCAL YEAR
BY REVISING THE 1998199 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTUNED 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,
Mr. Soroka noted a typographical error in the spreadsheet attachment
which would be revised prior to second reading. A motion for approval
was offered by Commissioner Rogers-Libert, seconded by Commissioner
Cohen, and unanimously passed by roll call vote.
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8. PUBLIC HEARING: ORDINANCES - FIRST READING: None.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None
'10. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, EXPRESSING OPPOSITION TO THE INTERNET TAX FREEDOM
ACT AND ANY ENACTMENTS WHICH WOULD PRE-EMPT LOCAL TAXES
AND/OR FEES ON INTERNET COMMERCE; AND PROVIDING AN
EFFECTIVE DATE. (Commissioner Rogers-Libert)
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Rogers-Libert. An amendment was offered by Vice Mayor
Berger, seconded by Commissioner Rogers-Libert and unanimously passed to
amend section 1 to read "No federal legislation be enacted whose effect would
be to preempt local and state taxes." A motion to defer this matter to November
23, 1999 was offered by Vice Mayor Berger, seconded by Commissioner Beskin
and unanimously passed.
11. OTHER BUSINESS: None.
12. REPORTS: None.
13. PUBLIC COMMENTS: None.
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 7:25 p.m.
~feiresa M. ~o1~, CM/C/AAE City Clerk
Approved by the Commission on January 4, 2000.
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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FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
lAST NAME--FIRST NAME--MIDDLE NAMI~ N~ ~ ~, ~ ~ON. A~O~, 0R ~
S~DER, ARTHUR I. ~YOR AVENTU~ CITY CO~ISSION
~~ST STREET SUITE' 500
AVENTU~ D~E N g ~ ~C~ ~ON:
~ OF AVENTU~
11-02-99
~OMUST~LEF~M8B '. *. . · .
~s f~ is f~ u~ by ~y ~r~n ~ at ~e ~ty, ~, ~ ~er ]~ ]eve] of gove~ent on ~ ap~d or e]e~d ~d,
~n~l, ~s~o~ author, or ~mmit~. It app]i~ ~ ~ mem~m of ~ ~d non~R~ ~es who ~
~ a vefi~ ~n~ct ofin~ under ~ 1~3143, ~o~ ~.
Y~ ~.~n~bllifies u~der ~e law when f~ ~ v~ng on a me~ in w~ y~ have a c~flict E inar~t ~ v~
~n~ng on whethor ~u ho]~ ~ e]~ve ~ ap~nfive ~fion. F~ ~s ~n, p]~ ~y c]~ at~nfion ~ the in~ons on
~. f~ ~f~ ~mple~ng t~ ~ver~ ~de ~d ~i~ t~ f~.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his or her special private gain or los~ Each elected ~ appointed local officer also is prohibited from knowingly voting
on a measure which inures to the special gsin or ~ of a principal (other than a ~overnment agency) by whom he or she is retained
(inc]udir~ the parent or~mization or subsidiary ofa corporato principal by which he or she is retained); to the special private gain or
loss of a relative; or to the special private ~in or loss of a business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F~., and officers of independent special tax districts elected aa a one-acre, one-vote basis are not pro-
hibited from voting in that capacity.
For purpeese of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-
in-law, mother-in-law, son-in-law, and daughtor-in-law. A 'business asssciato' means any person or entity engaged in or carrying on
a business enterprise with the officer as a partner, jaint venturer, conwner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
l~I .R~'I'I~D OFFICERS:
In addition to abstaining from voting in the situations described above, yon must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abetaining from voting;, and
WI3HIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporoto the form in the minutes.
Yon must abetoin from voting and disclose the conflict in the situations described above and in the manner described for elected offi-
cere. In order to participate in these matters, you must disclese the nature of the conflict before making a~y attempt to influence the
derision, whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATII~IPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN: ..... : ·
· You must complete and file thi~ form (before making any attempt to inflnenco the decisidn) with the person reSpOnsible for
recording the minutes et the meeting, who mil mcorporato the f~,,-, m the nunutos. .
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT TIlE MEETING:
· You must disclose orally the natu~ of your conflict in the measure before participating.
* You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the form must be read publicly at the next meeting after the form is ~ed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, MAYOR ARTHUR I. SNYDER , hereby disclose that on NOVEMBER 2 ,1999 :
(a) A measure came or will come before my agency which (check one)
inured to my spe~ al private gain or loss;
inured to the special gain or loss of my business associate, ;
/~inuredtothespecialgai'norlcseofmyrelative, MICHAEL SNYDER, ESQ. ;
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss.of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflictin~ interest in the measure is as follows:
ITEM 3 - APPLICANT REPRESENTED BY MY SON, MICHAEL SNYDER, ESQ.
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATIJT~;S §112.317, A FAILURE TO M.a~KE_ ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEA~, REMOVAL OR SUSPENSION FROM OFFICE OR EMI~LO~, DEMOTION, REDUCTION IN
SALARY REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
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