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10-16-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA WEDNESDAY, OCTOBER 16, 1996 - 7 P.M. COLUMBIA AVENTURA 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 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney David M. Wolpin and City Clerk Teresa M Smith. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Paul Libert led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow to approve the minutes of the October 2, 1996 Council meeting. The motion passed unanimously and the minutes were approved as submitted. 4. AGENDA: Jerry Budney, Esq., counsel for the Miami Herald, requested continuation of Agenda Item 7.D. A motion to continue the public hearing for Agenda Item 7.D. until November 5, 1996 was offered by Vice Mayor Rogers- Libert, seconded by Councilmember Holzberg and unanimously passed. A motion to add to the Consent Agenda as Item 7.E. a resolution opposing the revenue sharing question to be placed on the November 5, 1996 ballot was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. 5. SPECIAL PRESENTATIONS: NONE. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Berger and unanimously passed. Thus, the following action was taken: A. Resolution No. 96-43 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY 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. Resolution No. 96-44 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, URGING ALL CABLE COMPANIES PROVIDING CABLE SERVICE IN THE CITY OF AVENTURA TO INCLUDE SPORTSCHANNEL AS A BASIC CABLE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. C. The following motion was approved: MOTION TO RATIFY CITY MANAGER'S APPOINTMENTS OF ALFRED (FRED) NESBITT AND HERBERT L. KLIGER, J. D. AS SPECIAL MASTERS PURSUANT TO ORDINANCE NO. 96-14 WHICH DID ESTABLISH THE CODE ENFORCEMENT PROCESS. D. Resolution No. 96-45 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF RACHLIN COHEN & HOLTZ TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 96-46 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, OBJECTING TO THE NON- BINDING QUESTION RELATING TO MUNICIPAL REVENUE SHARING THAT WILL APPEAR ON THE NOVEMBER 5, 1996 BALLOT; URGING ALL CITIZENS TO VOTE NO BASED ON THE UNFAIR BURDEN IT WOULD PLACE ON TAXPAYERS OF THE CITY OF AVENTURA; AND, PROVIDING AN EFFECTIVE DATE. 7. PUBLIC HEARINGS: ORDINANCES - SECOND READING A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH DID CREATE THE CITY OF AVENTURA BEAUTIFICATION, RECREATION AND CULTURAL ARTS ADVISORY BOARD, TO DELETE THE BEAUTIFICATION RESPONSIBILITIES OF THE BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Cohen, seconded by Vice Mayor Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 96-23 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Joseph Platnick, 18071 Biscayne Boulevard, addressed Council. There being no further speakers, the public hearing was closed. A motion to approve the ordinance was offered by Vice Mayor Rogers- Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote and Ordinance No. 96-24 was enacted. C. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA PROVIDING A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW; REPLACING METROPOLITAN DADE COUNTY FEE SCHEDULE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Joseph Platnick, and Mr. George Berlin, 1940 NE 194th Drive, addressed Council. There being no additional speakers, the public hearing was closed. A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote and Ordinance No. 96-25 was enacted. E. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Mr. Tee Holloway, representative of BellSouth Communications; Mr. George Feffer, 2851 NE 183RD Street; and Mr. Joseph Platnick. There being no further speakers, the public hearing was closed. A motion to amend Section 2 of the ordinance to change the term of the franchise from 15 years to 5 years and to amend Section 3 to delete the provision of an increase in franchise fee payments was offered by Councilmember Perlow, seconded by Councilmember Cohen and unanimously passed. A motion was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously passed to amend Section 16 to read as follows: "Except as otherwise specified herein, the City reserves any and afl rights not otherwise expressly prohibited by applicable law." A motion to amend the ordinance to provide that all equipment must be installed underground was offered by Councilmember Holzberg and seconded by Vice Mayor Rogers-Libert. The motion failed. A motion to approve the ordinance as amended was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote and Ordinance No. 96-26 was enacted. 8. RESOLUTIONS: NONE 9. REPORTS: Mayor Snyder announced the slogan for the City of Aventura is "The City of Excellence." He then congratulated the City Manager and City Attorney on their successful negotiations of the Interlocal Agreement with Metro-Dade County. Mr. Beskin discussed the issue of televising Council meetings. Councilmember Cohen reiterated the Mayor's comments regarding the efforts of the City Manager, City Attorney and staff in negotiating the Interlocal Agreement with Metro-Dade County. 10. OTHER BUSINESS: NONE 11. PUBLIC COMMENTS: The following individuals addressed Council: Joseph Platnick; Tony Galan, Del Prado; and Mr. Richard Brooks, 17970 NE 34th Court. 12. ADJOURNMENT. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting was adjourned. Teresa M. Smith, CMC, City Clerk Approved by Council on November 5, 1996. Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or headng will need a record of the prcceedings 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.