04-04-2000 Commission Meeting ,The d
CITY COMMISSION MEETING
.
2000 6 PM
(follo~ng LPA hearing)
, Bis~yne M~i~l A~s C~ter
21110 Bis~yne Boule~rd Suite 101
~ Aventura, Florida
1. CALL TO ORDE~ROLL CALL: The meeting was called to order at 6:25 p.m. by
Mayor ARhur I. Snyder. Present were Commissionem Jay R. Beskin, Ken Cohen, Har~
Holzberg, Jeffrey M. Perlow, Patricia Rogem-LibeR, Vice Mayor ARhur Be~er, Mayor
Snyder, Ci~ Manager Eric M. Soroka, Ci~ Clerk Teresa M. Soroka, and Ci~ Afforney
Richard Jay Weiss. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE.
3. ELECTION OF VICE ~YOR: A motion to appoint Commissioner Perlow as Vi~
Mayor until October 2000 was offered by Commissioner Beskin, seconded by
Commissioner Rogem-Libe~ and unanimously approved.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the Mamh 7, 2000
Commission meeting and Mamh 27, 2000 Commission Workshop Meeting was
offered by Commissioner Rogem-LibeR, seconded by Commissioner Beskin and
unanimous~ passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPEC~L PRESENTATIONS: None
7. CONSENT AGENDA: Commissioner Berger requested removal of item 7D,
Commissioner Beskin mques~d removal of items 7G & 71 and Commissioner
Holzberg requested removal of item 7E, all from the Consent Agenda. Mr. Soroka
noted minor amendments to the Resolutions in 7C and 7E. A motion to approve the
remainder of the Consent Agenda was o~md by Commissioner Rogem-LibeR,
seconded by Vice Mayor PeHow, unanimously passed and the following action was
taken:
A. Resol~ion No. 2000-17 was adopted as follo~:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTU~, FLORIDA AUTHOR~ING THE CITY MANAGER TO
~ECUTE THE ATTACHED LOCAL GOVERNMENT
COMPREHENSIVE P~NNING AND ~ND DEVELOPMENT
REGU~TION A~ISTANCE PROG~M CONTACT BE~EEN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNI~ AFFAIRS AND
THE CITY OF AVENTU~; AUTHOR~ING THE C~ ~NAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 2000-18 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 RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 2000-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE AVENTURA HOSPITAL
AND MEDICAL CENTER'S CERTIFICATE OF NEED APPLICATION
AND IMPLEMENTATION OF AN OPEN HEART SURGERY SERVICES
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2000-20 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 00-03-14-2, ELECTRICAL MAINTENANCE SERVICES TO
FLORIDA ELECTRIC SERVICE CO. INC. AT THE BID PRICES AS
CONTAINED IN EXHIBIT "A"; 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.
H. Resolution No. 2000-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY OF AVENTURA; DESCRIBING THE MANNER OF
DISPOSAL; AUTHORIZING CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION AND
PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
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D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE NEED FOR A PLANNING
STUDY IN THE OJUS AREA; APPROVING THE APPOINTMENT OF
COMMISSIONER JAY R, BESKIN TO SERVE AS THE CITY'S LIAISON
TO THE OJUS PLANNING STUDY COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers~Libert and
seconded by Commissioner Berger. An amendment was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed to amend the Whereas clause to provide that Ojus
lies on the western boundary of the City of Aventura. The motion for
approval, as amended, passed unanimously and Resolution No. 2000-22
was adopted.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CONDEMNING ALL FORMS OF VIOLENCE
RELATED TO FIREARMS; URGING BUSINESSES TO ESTABLISH
"GUN FREE" ZONES; EXPRESSING THE NEED FOR GUN CONTROL
AND STATE AND FEDERAL LEGISLATION ADDRESSING PROBLEM
OF FIREARM RELATED VIOLENCE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Beskin. An amendment was offered by
Commissioner Hotzberg and seconded by Commissioner Cohen to
remove Section 3 from the resolution. The amendment was withdrawn.
The motion for approval passed unanimously and Resolution No. 2000-
23 was adopted.
G. Mr. Weiss read the following motion:
MOTION TO ACCEPT FOR FLUNG THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 1999
A motion for approval was offered by Commissioner Perlow, and
seconded by Commissioner Rogers-Libert. Harry Kilgore, Financ~ Support
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Services Director, addressed concerns of the Commission. The motion
for approval passed unanimously.
I. Mr. Weiss read the following motion by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY' OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH DID
ADOPT A FEE SCHEDULE FOR BUILDING PERMITS, AS AMENDED
BY RESOLUTION 98-28; 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 and
seconded by Commissioner Perlow. Mr. Soroka noted a change in the fee
schedule - permit for air conditioning is a minimum fee of $60. Mayor
Snyder opened the public hearing. There being no speakers, the public
hearing was closed. The motion for approval passed unanimously and
Resolution No. 2000-24 was adopted.
8. PUBUC HEARINGS: ORDINANCES - FIRST READING:
A. 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 99-09, BY AMENDING CHAPTER 9 - SIGN
REGULATIONS, SECTION 901.7(b) CONCERNING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; PROVIDING FOR SEVERABIUTY,
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval, incorporating the testimony and amendments from the
preceding Local Planning Agency meeting, 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, as amended at the Local Planning Agency meeting, passed
unanimously by roll call vote.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION;"
ARTICLE III "ADVISORY BOARDS," BY AMENDING DIVISION 2
"BEAUTIFICATION ADVISORY BOARD," BY AMENDING
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PARAGRAPH (B) OF SECTION 2.424 "RULES OF PROCEDURE;
OFFICERS; VOTING," AND DIVISION 3 "RECREATION AND
CULTURAL ARTS ADVISORY BOARD," BY AMENDING PARAGRAPH
(B) OF SECTION 2-154 "RULES OF PROCEDURE; OFFICERS;
VOTING" TO CLARIFY THAT EACH BOARD SHALL ANNUALLY
ELECT A CHAIRMAN; PROVIDING FOR SEVERABIBTY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner 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.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE {THE "CODE") BY AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE V, "CODE ENFORCEMENT," SECTION
2-339 OF THE CODE, "CONTENTS AND SERVICE OF WARNING,"
AND SECTION 2-340 OF THE CODE, "CONTENTS AND SERVICE OF
NOTICE," PROVIDING FOR SERVICE TO COMMERCIAL PREMISES
AND PROVIDING A PROCEDURE FOR NOTICE OF TRANSFER OF
PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS;
AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR
VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT
VIOLATIONS," PROVIDING FOR A FINE OF UP TO $5,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY MAY
CORRECT OR REPAIR A VIOLATION THAT PRESENTS A SERIOUS
THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE;
AUTHORIZING THE CITY TO CHARGE THE VIOLATOR WITH THE
COSTS OF REPAIRS; AMENDING SECTION 2.-344 OF THE CODE,
"RECOVERY OF UNPAID PENALTIES; UNPAID PENALTY TO
CONSTITUTE LIEN; FORECLOSURE OF LIEN," PROVIDING THAT
THE CITY MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A
CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY
JUDGMENT; AMENDING SECTION 2.346 OF THE CODE,
"PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING THAT
THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL AND
CUMULATIVE TO ALL OTHERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION iN CODE; PROVIDING FOR 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
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no speakers, the public hearing was closed. City Attorney to review concerns
expressed by Commissioners Perlow and Berger prior to second reading. The
motion for approval passed unanimously by roll call vote.
9. PUBMC HEARINGS: ORDINANCES - SECOND READING:
A. 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 99-09, BY AMENDING ZONING DISTRICT
REGULATIONS CONCERNING ABOVE GROUND FUEL ~TORAGE
TANKS SERVING EMERGENCY GENERATORS; PROVIDING FOR
INCLUSION IN THE CODE; 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. 2000-08 was enacted.
B. 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 2-258
"SURPLUS PROPERTY" OF ARTICLE IV "FINANCE" OF CHAPTER 2
"ADMINISTRATION;" ESTABLISHING PROCEDURES FOR
PROPERTY DECLARED SURPLUS TO THE CITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR 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. 2000-09 was enacted.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CODE OF ORDINANCES OF THE CITY OF AVENTURA,
CHAPTER 2, ENTITLED "ADMINISTRATION" BY CREATING ARTICLE
VIII SECTIONS 2-400 - 2-412 ENTITLED "EMERGENCY
MANAGEMENT;" PROVIDING A FRAMEWORK FOR THE
DECLARATION OF EMERGENCIES, PROVIDING FOR DEFINITIONS,
AND AN EMERGENCY MANAGEMENT STRUCTURE; PROVIDING
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FOR A DECLARATION OF A STATE OF EMERGENCY, TERMINATION
OF A STATE OF EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY EMERGENCIES,
WEATHER EMERGENCIES, THE SUSPENSION OF LOCAL BUILDING
REGULATIONS, AND THE CERTIFICATION OF EMERGENCY
CONDITIONS; PROVIDING FOR REPEAL, SEVERABIETY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The
following individuals spoke: George Berlin, Turnberry & Associates; Joseph
Platnick, 18071 Biscayne Boulevard; and Leonard Geller. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by tell call vote and Ordinance No. 2000-10 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
MOTION TO RECONSIDER AGENDA ITEM 9A - TELECOMMUNICATIONS
ORDINANCE - OF THE FEBRUARY 1, 2000 COMMISSION MEETING
(Commissioner Berger)
The motion was offered by Commissioner Berger, seconded by Commissioner
Perlow and unanimously passed. This matter to be addressed at April Workshop
meeting.
12. REPORTS: As presented.
13. PUBLIC COMMENTS: Adrian Bass, DelVista.
Commission scheduled next Workshop Meeting for April 18, 2000 at 9 a.m.
Mayor Snyder appointed Committee comprised of Commissioners Beskin (chair),
Rogers-Libert and Berger to recommend guidelines for discussion of issues at
Commission Meetings that have been considered at Workshop Meetings.
14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
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the meeting adjourned at 8:00 p.m.
Te~sa M. Sor(~ka,)~M~ City Clerk
Approved by the Commission on May 2, 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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