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02-01-2000 Commission Meeting MINUTES CITY COMMISSION MEETING TUESDAY, FEBRUARY 1, 2000 6 PM (following LPA hearing) Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 8:40 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. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 4, 2000 Commission meeting and January 21, 2000 Commission Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment to members of the Beautification Advisory Board (presented during LPA meeting). 6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6C from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow, unanimously passed and the following action was taken: A. Resolution No. 2000-06 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "CARLISLE AT AVENTURA" FINAL PLAT SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. B. Resolution No. 2000-07 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE D. Resolution No. 2000-08 was adopted as follows: A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN COLLECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2000-09 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING A CONTRACT FOR THE CITY'S DENTAL INSURANCE PROGRAM TO MANAGED CARE OF NORTH AMERICA/METLIFE; AUTHORIZING THE CITY MANAGER 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. The following item was removed from the Consent Agenda and addressed separately: C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 2 Joseph Platnick, 18701 Biscayne Boulevard, addressed the Commission. A motion for approval was offered by Commissioner Beskin, seconded by Vice Mayor Berger, unanimously passed and Resolution No. 2000-10 was adopted. 7. PUBLIC HEARING: ORDINANCES - FIRST AND ONLY READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED NORTH OF WILLIAM LEHMAN CAUSEWAY, SOUTH OF YACHT CLUB WAY BETWEEN EAST COUNTRY CLUB DRIVE AND MYSTIC POINT DRIVE FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Commissioner Rogers-Libert and seconded by Commissioner Perlow to incorporate into this hearing all testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting and to defer this matter to the April Commission meeting to provide for further discussion at a Workshop and Town Hall Meeting. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion passed, 6-1, with Commissioner Beskin voting no. Mr. Weiss read the title to items 7B-E and 8A-D. A motion was offered by Commissioner Rogers-Libert, and seconded by Vice Mayor Berger to incorporate into this hearing all testimony, written and verbal, relative to these items given at the preceding Local Planning Agency meeting and to approve the ordinances and provide for transmittal to the Florida Department of Community Affairs, including all amendments recommended by the Local Planning Agency. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. Commissioner Perlow disclosed his conflict of interest relative to item 7E, filed the appropriate Memorandum of Voting Conflict form and did not vote on that item only. The motion for approval passed unanimously and the following action was taken: B. Ordinance No. 2000-03 was enacted as follows: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 28 COURT AND NE 185 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. 3 C. Ordinance No. 2000-04 was enacted as follows: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT 2890 NE 187 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. D. Ordinance No. 2000-05 was enacted as follows: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND THEORETICAL NE 32 AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. E. Ordinance No. 2000-06 was enacted as follows: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE THREE CONTIGUOUS PROPERTIES LOCATED ALONG THE EAST FRONTAGE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET FROM TOWN CENTER TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARINGS: ORDINANCES - FIRST READING: A. The following ordinance was approved on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 29TM AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. B. The following ordinance was approved on first reading: 4 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. C. The following ordinance was approved on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING FOR AN EFFECTIVE DATE. D. The following ordinance was approved on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NEW POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: 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. 5 A motion for approval was offered by Commissioner Beskin and seconded by Vice Mayor Berger. Matthew Leibowitz, Esq., and Braulio Baez, Esq., the City's cable counsel, addressed the Commission and offered the following amendments to the ordinance: Section 2 L(4) to read as follows: revenues from the sale of local services for resale and revenues from the lease of unbundled network elements Section 4 - paragraph F - delete last phrase "and shall be applied consistent with Section 337.401(3) and (5), Florida Statutes." Section 11 - Paragraph E - delete last phrase "which shall be applied consistent with Section 337.401 (3) and (5), Florida Statutes." Section 23 - (c) - add to end of first sentence "but shall not operate to impair franchise rights expressly granted by prior City ordinance." Mayor Snyder opened the public hearing The following individuals spoke: Sharon Liebman, counsel for BellSouth; and Susan Delegal, Esq., counsel for TCGI South Florida. There being no further speakers, the public hearing was closed. The motion for approval failed 1-6, with Commissioner Beskin voting yes. B. 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;" PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. A motion to defer this matter to the March 7, 2000 Commission meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and passed, 6-1, with Commissioner Holzberg voting no. 10. RESOLUTIONS: None. 11. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION RE: LENGTH OF TERM OF ADVISORY BOARD CHAIRPERSONS (Commissioner Cohen) A motion to defer this item to the February Workshop meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. 6 12. REPORTS: Deferred. 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 9:45 p.m. ? ~er~sa M. Sorok~ CMC/; City Clerk Approved by the Commission on March 7, 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. 7 FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlow, Jeffrey lt. City of Aventura CO,~ssion and.Local Planning MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION, AUTHORITY OR (~)MM I~I'EE ON 2999 1~ 191st Street Suite 500 WHICH I SERVE IN A UN1T OF: Aventura Dade City of Avehtura ' .WHO MUST FILE FORM.8B This farm is for uss by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a votin~ conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary ~Teatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other ]~al public office MUST ABSTAIN from voting on a measure which inures to his or her special private ~in or lass. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or luss ora principal (other than a government agency) by whom he or she is retained (includin~ the parent organization or subsidiary ora corporate principal by which he or she is retained); to the special private ~in or loss of a relative; or to the special private ~ain or loss of a business associate. Commissioners of community redevelopment agencies under Se~. 163.356 or 163.357, F~., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pro- hibitod from votin~ in that capacity. For purpeass 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 daughter-in-law. A 'business associate' means any parson or entity en~a~ed in or carryir~ on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ~1.1~. ~-l'If~ OFFICERS: in addition to abstaining from voting in the situations described above, you 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 abstaining from votin~ u~ WITHIN 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 incorporate the form in the minutes. APPOI]MTI~ID OFFICEI~: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally er in ~iting and whether made by you or at your direction. IF YOU INTEND TO MAKE AI~ A'rlzlviPT TO INFLUENCE TI-IR DECISION PRIOR TO THE IVlEETh~IG AT V~CH THE VOTE WILL BE TAKEN: , · You must complete and file this forum Coeforo making any attempt to influence the decision) with the parson responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be pcovided immediately te the other membere of the agency. · The form must he read publicly at the next masting aider the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclo~ orally tbe nature of your confl/ct in the measure before participating. · You must complete the form and file it w/th/n 15 day~ afar the vot~ occurs w/th the person respons/ble for recording the minut~ of the m~ting, who must incorp~ate 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 filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey H. Perlow , hereby disclose that on February 1,2000 ,19 : (a) A measure eeme or will come before my agency which (check one) inured te my epecial private gain or lees; inur~l to the special gain or line of my business associate, ; __ inured to the special gain or loss of my relative, ; ~ inured to the special gain or loss of ~ ~ g, ~' ~ C© L,~ C~ , by whom I am retained; or __ inured to the spec/al gain or loss of , which is the parent organization or eubsidiary ora principal which has retained me. Co) The measure before my agency and the nature of my confficting interest in the measure is as follows: Local Planning Agency Agenda item 3E and City Co~mission Agenda item 7E (same subject ~atter) Dato Filed sig]~ure % NOTICE: UNDER PROVISIONS OF FLORIDA STATDT~S §112.317, A FAILURE TO MA~KE. ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: II~PEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - REV. 1/95 PAGE 2