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04-02-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, APRIL 2, 1996 - 7 P.M. AVENTURA HOSPITAL MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder at 7:00 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Patricia Rogers-Libert and Mayor Arthur Snyder. Also present were City Attorneys Richard Jay Weiss and David M. Wolpin and Acting City Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Ruth Demming led the pledge of allegiance and George Feffer gave an invocation. 3. APPROVAL OF MINUTES: None. 4. AGENDA: Councilmember Cohen requested the addition of discussion of billboards in the City as item 11.A.4); and the addition of discussion relative to the Sunshine Law as 11.D.5). There were no objections to the additions to the agenda. 5. ELECTION OF VICE-MAYOR: Mayor Snyder noted that the Charter was not specific as to the term of the Vice Mayor and he suggested that the office of Vice Mayor be rotated every six months, with the first term being seven months, and this was the consensus of Council. Mayor Snyder then opened the floor for nominations. Motion was made by Councilmember Perlow and seconded by Councilmember Holzberg that Councilmember Rogers-Libert be nominated as Vice Mayor. The motion passed unanimously by voice vote and Councilmember Rogers-Libert was elected Vice Mayor. 6. SPECIAL PRESENTATIONS: NONE 7. PUBLIC HEARINGS: NONE 8. ORDINANCES: The City Attorney read the following emergency ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING INTERIM ORDINANCE CONCERNING ZONING, PURSUANT TO SECTION 8.03 AND 8.06 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA TO SUBSTITUTE CITY COUNCIL FOR COUNTY AGENCIES AND OFFICIALS, DESIGNATING ZONING OFFICIAL, PROVIDING FOR ZONING COMPLIANCE REVIEW, PROVIDING FOR AUTHORITY OF CITY COUNCIL; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND DURATION; DECLARING AN EMERGENCY. A motion was made by Councilmember Perlow and seconded by Vice Mayor Rogers-Libert to amend Section 2(b) of the ordinance to provide that the Council may delegate an individual "or individuals, or board so designated." The motion passed unanimously by roll call vote. Councilmember Perlow offered a second amendment to the ordinance by amending Section 2(c) to provide a specific time of "within 15 days." The motion was seconded by Vice Mayor Rogers- Libert and passed unanimously by roll call vote. The following individuals addressed the Council relative to this ordinance: George J. Berlin, 1940 NE 194th Street; Clifford Schulman, Esq., 1201 Brickell Avenue, Miami, Florida; Joseph Platnick, 18071 Biscayne Boulevard, Miami, Florida; and Fern Kantor, 2120 NE 205th Street. After roll call vote, Ordinance 96-01, as amended, was unanimously adopted. 9. RESOLUTIONS: A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING INITIAL SCHEDULE FOR CITY COUNCIL MEETINGS AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Rogers-Libert made a motion to adopt the resolution. The motion was seconded by Councilmember Beskin. Resolution No. 96-02 was adopted by unanimous voice vote. B. Mr. Weiss reading the following resolution by title: A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF AVENTURA, FLORIDA PROVIDING FOR ADOPTION OF ROBERT'S RULES OF ORDER TO PROVIDE 2 STANDARD OF PARLIAMENTARY PROCEDURE TO GOVERN CITY COUNCIL PROCEEDINGS AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Rogers-Libert made a motion to adopt the resolution. The motion was seconded by Councilmember Perlow. Resolution No. 96-03 was adopted by unanimous voice vote. A motion was made by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen that the City Attorney be designated as the parliamentarian for City Council meetings. The motion passed unanimously by voice vote. C. The following resolution was read, by title, by Mr. Weiss: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING LEASE FOR TEMPORARY OFFICE SPACE FOR THE CITY OF AVENTURA AND PROVIDING AN EFFECTIVE DATE. Councilmember Perlow offered an amendment to the resolution to provide for the option of up to two 30-day extensions and the inclusion of the lease as an exhibit to the resolution. The motion was seconded by Vice Mayor Rogers-Libert. Resolution No. 96-04, as amended, was unanimously adopted by voice vote. D. The following resolution was read, by title, by Mr. Weiss: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE HIRING OF A TEMPORARY SECRETARY AND THE LEASING OF OFFICE EQUIPMENT ON A TEMPORARY BASIS; PROVIDING DETERMINATION OF IMPRACTICABILITY AS TO COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was made by Vice Mayor Rogers-Libert and seconded by Councilmember Holzberg. Resolution No. 96-05 was unanimously adopted by roll call vote. E. Mr. Weiss read the following resolution, by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING NEGOTIATION OF LEASE AGREEMENT TO PROVIDE OFFICE SPACE FOR THE CITY WITHIN THE GREAT WESTERN BANK BUILDING IN AVENTURA, FLORIDA AND PROVIDING AN EFFECTIVE DATE. After discussion by Council, a motion was made by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen that Councilmember Cohen, Mr. George Berlin and the City Attorney obtain an estimate from an architect to review the premises relative to A.D.A. and life/safety issues, with a waiver of competitive bidding up to $1,500, and report back to Council at the next Council meeting on Tuesday, April 9, 1996. The motion passed unanimously by voice vote. A motion to adopt the resolution was made by Councilmember Perlow and seconded by Vice Mayor Rogers-Libert. Resolution No. 96-06 was unanimously adopted by voice vote. F. The following resolution was read, by title, by Mr. Weiss: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE PURCHASE OF LIABILITY AND WORKER'S COMPENSATION INSURANCE COVERAGE FOR PROTECTION OF THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES; PROVIDING DETERMINATION OF IMPRACTICABILITY AS TO COMPETITIVE BIDDING FOR SUCH INSURANCE SERVICES AND PROVIDING AN EFFECTIVE DATE. Councilmember Beskin offered an amendment to the resolution to incorporate the binder of the Florida League of Cities and the amendment was seconded by Vice Mayor Rogers-Libert. The amendment was passed unanimously. Resolution No. 96-07, as amended, was adopted unanimously by roll call vote. G. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ESTABLISHMENT OF CITY OF AVENTURA ACCOUNTS WITH QUALIFIED PUBLIC DEPOSITORY; PROVIDING FOR A DEPOSIT OF FUNDS; PROVIDING FOR NECESSARY SIGNATORIES ON SUCH ACCOUNTS; PROVIDING FOR ISSUANCE OF CHECKS AND PAYlVlENTS; AND PROVIDING AN EFFECTIVE DATE. After discussion by Council, a motion was made by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen that the resolution be amended to provide for the waiver of competitive bidding pending solicitation of long-term banking proposals via a request for proposals within 90 days. Resolution No. 96-08 was adopted unanimously, as amended, by roll call vote. At this time, Mayor Snyder advised Council that a~ their meeting today, April 2, 1996, the Dade 4 County Commission approved the Interlocal Agreement with the City of Aventura to provide for an advance of funds to the City of Aventura in the amount of $300,000, with the anticipated delivery to be on or before Friday, April 5, 1996. H. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA REQUESTING THE METROPOLITAN DADE COUNTY PLANNING, DEVELOPMENT AND REGULATION DEPARTMENT, THE ZONING APPEALS BOARD, AND THE BOARD OF COUNTY COMMISSIONERS TO DEFER ACTION ON PENDING PLANNING AND ZONING MATTERS WITHIN THE CORPORATE LIMITS OF THE CITY OF AVENTURA SO AS TO ENABLE THE CITY TO PARTICIPATE THEREON AND/OR TO ASSUME GOVERNMENTAL JURISDICTION OF PLANNING AND ZONING MATTERS AND PROVIDING AN EFFECTIVE DATE. After extensive discussion by Council, a motion was offered by Councilmember Perlow and seconded by Vice Mayor Rogers-Libert that the resolution be amended by providing in Section 2 that the Mayor, "any other Councilmember designated by the Mayor" and the City Attorney are authorized to implement the provisions of this resolution. Resolution No. 96-09, as amended, was adopted unanimously by voice vote. I. The following resolution was read, by title, by Mr. Weiss: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA REQUESTING METROPOLITAN DADE COUNTY TO PROVIDE ADDITIONAL LAW ENFORCEMENT SERVICES AT CERTAIN INTERSECTIONS LOCATED WITHIN THE CITY OF AVENTURA AND PROVIDING AN EFFECTIVE DATE. Mr. Weiss noted that the resolution should be amended to include areas within "and adjacent to" the City of Aventura. Discussion then ensued as to requesting additional police detail services from Metropolitan Dade County. Vice Mayor Rogers-Libert offered an amendment to the resolution to provide that compensation for additional police services be subject to negotiation between the City and the County. The amendment was seconded and passed unanimously by voice vote. Mayor Snyder designated the following areas to be included on Exhibit "A" to the resolution for additional enforcement: 1) Miami Gardens Drive at Biscayne Boulevard; 2) N.E. 203rd Street at Biscayne Boulevard; 3) W. Dixie Highway at N.E. 203rd Street and 4) W. Dixie Highway at Miami Gardens Drive. Resolution No. 96-10, as amended, was unanimously adopted by voice vote. 5 10. OTHER BUSINESS A. The following motion was read by Mr. Weiss: MOTION APPROVING AGREEMENT WITH WEISS SEROTA & HELFMAN FOR INTERIM LEGAL SERVICES A motion approving that agreement dated March 29, 1996 as incorporated herein, providing interim legal services was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow. Councilmember Beskin requested clarification as to the second paragraph of section 6 to that agreement. Mr. Weiss advised Council that this paragraph would be removed from the agreement and same would be amended. Vice Mayor Rogers-Libert amended her motion to include the deletion of the second paragraph of section 6. The amendment was seconded by Councilmember Cohen and the motion to approve the agreement, as amended, passed unanimously by voice vote. B. The following motion was read by Mr. Weiss: MOTION AUTHORIZING MAYOR SNYDER, COUNCILMEMBER ROGERS-LIBERT AND WEISS SEROTA & HELFMAN TO COMMENCE NEGOTIATIONS WITH METROPOLITAN DADE COUNTY FOR COMPREHENSIVE INTERLOCAL AGREEMENT PROVIDING FOR TRANSITION OF SERVICES AND FUNCTIONS FROM METROPOLITAN DADE COUNTY TO CITY OF AVENTURA A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Holzberg. The motion passed unanimously by voice vote. Mayor Snyder instructed the City Attorney to provide for advertisement of such meetings in order to comply with the provisions of the Sunshine Law. 11. REPORTS AND RECOMMENDATIONS Mr. Weiss suggested to Council that a person be appointed to act as the delegee to hear zoning applications in accordance with the emergency ordinance previously enacted as Ordinance 96-01. A motion for the appointment of Councilmember Perlow to act as the delegee was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Holzberg. Mayor Snyder requested an amendment to the motion to provide that he be designated as the alternate delegee in the absence of Councilmember Perlow. The motion, as amended, unanimously passed by voice vote. A. MAYOR AND COUNCIL 6 1) APPOINTMENT OF COMMITTEES: Mayor Snyder requested that Councilmembers oversee the following committees, when created: A. Councilmember Cohen to oversee the Transportation/Traffic Committee, with Mayor Snyder serving thereon also; B. Councilmember l-Iolzberg to oversee the Public Safety Committee; C. Vice Mayor Rogers-Libert to oversee the Governmental Operations Committee and to Vice Chair the Interlocal Government Committee; D. Councilmember Perlow was appointed to oversee the Planning and Zoning Committee; E. Councilmember Beskin was appointed to oversee the Budget and Finance Committee; F. Councilmember Berger was appointed to oversee the Cultural Activities/Beautification Committee. Councilmembers were directed to prepare written descriptions and criteria of their committees and provide to the City Attorney on or before Tuesday, April 9, 1996. 2) EQUIPMENT PROCUREMENT: Councilmember Berger presented an in depth report as to the equipment which would potentially be necessary for the start-up of the municipal government offices. 3) TRA1NING PROGRAM FOR CITY COUNCIL: A report was offered by Councilmember Berger as to training programs offered for newly-elected officials. After discussion of the possible courses and dates for attendance, a motion was offered by Councilmember Cohen and seconded by Councilmember Holzberg that Council participate in the training session offered by the Dade County League of Cities to be conducted by Attorney Howard Lenard. 4) BILLBOARDS: Councilmember Cohen expressed his desire to initiate a mechanism relative to control of billboards in the City of Aventura. After discussion, Council directed the City Attorney to provide a report to Council as to the legal parameters surrounding this issue. B. CITY MANAGER: A report was provided to Council by Vice Mayor Rogers- Libert and Councilmembers Perlow and Beskin as to the stares of the selection of a city manager. Detailed discussion ensued as to the urgent need to fill this position and the manner in which the selection process would proceed. Councilmember Cohen urged Council to act as soon as possible on the issue of selection of a city manager and after further discussion, Mayor Snyder suggested 7 that the meetings of April 9th and April 16th and a meeting to be scheduled for April 17th be limited to the city manager selection process, with the exception of the first hour for the conducting of other business and that potential applicants be interviewed during those meetings. At this time, Council recessed for five minutes. After roll call vote being taken by the Acting City Clerk and the determination of a quorum, the meeting resumed. A motion was offered by Councilmember Perlow and seconded by Councilmember Cohen that the selection of a city manager be limited to city managers currently serving in Dade and Broward Counties. The motion passed 4-3, with Council voting as follows: Councilmembers Berger, Holzberg, Cohen and Mayor Snyder voting yes; Councilmembers Perlow, Beskin and Vice Mayor Rogers-Libert voting no. C. CITY CLERK. Councilman Cohen introduced Richard Brown to Council as a potential applicant for the position of City Clerk and suggested that the Mayor interview him. Vice Mayor Rogers-Libert suggested that the issue of hiring a City Clerk be postponed until a job description/criteria is prepared and provided to Council. Vice Mayor Rogers-Libert introduced Andrea Hirshman who has been interviewed by Council to fill the position of administrative assistant to the Mayor and Council and suggested that Ms. Helene Bonas also be hired as a part-time secretary and assistant to Ms. Hirshman, Ms. Bonas's hours not to exceed twenty hours per week. Mr. Weiss reminded Mayor Snyder that in accordance with Resolution No. 96-05, he has the authority to hire temporary office staff and this would not require a vote of Council at this time. D. CITY ATTORNEY. Mr. Weiss introduced his associate, David M. Wolpin, former North Miami City Attorney and his partner, Stephen J. Helfman, who specializes in zoning. Mr. Wolpin addressed Council regarding the procedure for publication of meetings and posting of notices. Mr. Weiss discussed with Council a procedure for individual Councilmembers requesting the services of the City attorney for specific matters. Mr. Weiss briefly discussed the issue of receipt of utility taxes. He then advised Council that he would provide them with an opinion as to acceptance by Council of gifts. The following individuals addressed the Council: June Stevens, 20412 NE Del Vista Court, Aventura; Joseph Platnick, 18071 Biscayne Boulevard, Miami, Florida; Mr. Sokolov, 3530 Mystic Point Drive, Aventura; and Dan Palmer, Country Club Drive, Aventura. 12. GENERAL DISCUSSION: Councilmember Perlow requested approval to establish a conunittee to review the possibility of creating a community fund for hazard and windstorm insurance. Mayor Snyder advised Councilmember Perlow that he would discuss this matter with the City Attorney and report back at the next meeting. Mayor Snyder appointed Councilmembers Cohen and Holzberg and Mr. Leonard Brenner to serve on a fact-finding committee to explore possible sites for the permanent location of City Hall. 8 Councilmember Beskin suggested that meetings of the Council be televised. After discussion by Council, a motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow that Councilmember Beskin be appointed to review the issue of televising council meetings. The motion failed, 3-4, with Council voting as follows: Councilmembers Beskin, Perlow and Vice Mayor Rogers-Libert voting yes; Councilmembers Berger, Holzberg, Cohen and Mayor Snyder voting no. 13. SCHEDULE OF FUTURE MEETINGS 14. ADJOURNMENT: There being no further business to come before the Council, after motion made, seconded and unanimously passed, the meeting adjourned. Respectfully submitted: Teresa M. 'Smi[h~J~Ctih~ City Clerk ~.~ roved by Council on the day of April, 1996. ~h~ I. S~yd/~, Iv~ayor Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at such 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. 9