01-04-2000 Commission Meeting ,The
~ITY GOMMI$$10N MI=I::TING
Aventura
, Bis~yne M~i~l A~s Center
~ ,~ 21110 Bis~yne Boulevard Suite 101
Aventura, Florida
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 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. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE. W. Tee Holloway 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 MOTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA
APPROVING A MODIFICATION TO PARAGRAPH 1(C) OF RESOLUTION NO.
99-52 TO ALLOW AN ADDITIONAL 90 DAYS.
At the direction of the City Manager, this item was withdrawn from the agenda.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 29,
1999 Commission Workshop Meeting, the November 2, 1999 Commission meeting,
November 23, 1999 Commission Meeting and November 23, 1999 Commission
Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed.
5, AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Certificate of Appreciation
to Aventura resident Noel Sturtz for his piano performance to benefit the Matthew
Forbes Romer Foundation.
7. CONSENT AGENDA:
Vice Mayor Berger requested removal of items 7C and 7F from the Consent
Agenda.
A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously
passed and the following action was taken:
A. Resolution No. 2000-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BE'rVVEEN COMMODORE PLAZA CONDOMINIUM
ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
B. The following motion was adopted:
MOTION ADOPTING THE YEAR 2000 LEGISLATIVE PROGRAM AND
PRIORITIES IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED NOVEMBER 30, 1999
D. Resolution No. 2000-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2000-03 was adopted as follows~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "AVENTURA LAKES PHASE
I1" FINAL PLAT SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF
AVENTURA, FLORIDA REQUESTING CONGRESS TO ADOPT
LEGISLATION PROVIDING FOR SALES AND USE TAX FAIRNESS
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AMONG ALL RETAIL MERCHANTS; AND PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Berger noted a typographical error in the last Whereas clause and
requested that the word "principals" be changed to "principles/' A motion for
approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Holzberg Commissioner Beskin moved, seconded by
Commissioner Perlow, that the Resolution be amended to provide that the City of
Aventura urges Congress to lift the moratorium on internet sales taxation. The
amendment passed 4-3, with Commissioner Rogers-Libert, Vice Mayor Berger
and Mayor Snyder voting no. The motion for approval of the Resolution, as
amended, passed unanimously and Resolution No. 2000-04 was adopted.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "AVENTURA WALGREENS
SUBDIVISION" FINAL PLAT SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert seconded by
Vice Mayor Berger, unanimously passed and Resolution No. 2000-05 was
adopted~
8. PUBLIC HEARING: ORDINANCES- FIRST READING:
B. (Taken out of order) Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 30 "ENVIRONMENT" BY CREATING ARTICLE V "TERMITE
DAMAGE PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL INSPECTION;"
PRO~/IDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Commissioner Perlow requested that the ordinance be
amended to provide that homeowners associations are responsible for obtaining
compliance from the respective homeowners in the associations. An amendment
was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert
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and unanimously passed to eliminate imprisonment from the penalty clause. The
motion for approval, as amended, unanimously passed by roll call vote.
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
THE TERMS AND CONDITIONS FOR THE ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN
ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS
OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING
FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
MUNICIPAL OWNERSHIP OF A TELECOMMUNICATIONS SYSTEM;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Berger, seconded by
Commissioner Perlow and unanimously passed by roll call vote This issue to
be addressed in detail at the January Workshop meeting.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. 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 199912000 FISCAL
YEAR BY REVISING THE 1999/2000 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 Vice Mayor Berger. 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. 2000-01 was enacted.
B. Mr. Weiss read the following ordinance by title:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR
BY REVISING THE 1998/99 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 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. 2000-02 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. REPORTS: As presented.
13. PUBLIC COMMENTS: Bernie Weinstein~ Terraces at Tumberry.
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 6:50 p.m.
Teresa M Soroka, CMC, City Clerk
Approved by the Commission on February 1, 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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