02-04-2003MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
FEBRUARY 4, 2003 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Michael Yavner led the pledge of allegiance.
ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by the City Clerk.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE
NOTWITHSTANDING THE SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC
BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b)
OF THE CITY CODE; FOR PROPERTY LOCATED AT 20417
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
Planning Director Joanne Carr explained the request of the applicant and entered the
staff report into the record. Ms. Carr requested amendment of condition 3 to include...
same, or later.... Mayor Perlow opened the public hearing. The following individual
addressed the Commission: Sy Chadroff, Esq., 2999 NE 191st Street, representing the
applicant. There being no further speakers, the public hearing was closed. A motion for
approval was offered by Vice Mayor Holzberg and seconded by Commissioner Rogers-
Libert. The motion for approval, as amended, passed, 6-1, with Commissioner
Grossman voting no, and Resolution No. 2003-08 was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F,
Commissioner Rogers-Libert requested removal of item 6-G, Commissioner Cohen
requested removal of item 6-C and Commissioner Berger requested removal of item 6-
H from the Consent Agenda. A motion to approve the remainder of the Consent
Agenda was offered by Vice Mayor Holzberg, seconded by Commissioner Rogers-
Libert, unanimously passed and the following action was taken:
A. Minutes were approved as follows:
January 7, 2003 Commission Meeting
January 23, 2003 Workshop Meeting
B. The following motion was approved:
MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF
COMMISSIONER KEN COHEN TO THE NATIONAL LEAGUE OF
CITIES' PUBLIC SAFETY AND CRIME PREVENTION COMMITTEE
D. Resolution No. 2003-09 was approved 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; DESCRIBING THE MANNER OF DISPOSAL; 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. 2003-10 was approved as follows:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 03-01-21-2, NE 190TM STREET DRAINAGE
IMPROVEMENTS, TO INTERCOUNTY ENGINEERING, INC. AT THE
BID PRICE OF $128,554.00. 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.
I. Resolution No. 2003-11 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DESIGNATING THE CITY MANAGER, ON
BEHALF OF THE CITY OF AVENTURA, AS THE AUTHORIZED CITY
OFFICIAL TO APPROVE AND SIGN TEMPORARY STATE ROAD
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Ke
CLOSURE PERMIT REQUESTS FOR SPECIAL EVENTS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 2003-12 was approved as follows:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (t0) FOOT WIDE BY
FIFTEEN (15) FOOT LONG EASEMENT TO THE CITY OF NORTH
MIAMI BEACH ON THE AVENTURA COMMUNITY/RECREATION
CENTER SITE; PROVIDING FOR RECORDATION; AUTHORIZING THE
CITY MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE PURPOSES OF THIS RESOLUTION; PROVIDING
AN EFFECTIVE DATE.
Resolution No. 2003-13 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REVISED ADOPTION AGREEMENT AND
TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
The following motion was approved:
MOTION TO APPROVE REQUEST OF STANLEY PRICE, ON BEHALF
OF LA ESTANClA, FOR EXTENSION OF TIME TO COMPLETE
BUILDING FA(~ADE AND SITE IMPROVEMENTS AT 17866 BISCAYNE
BOULEVARD
Resolution No. 2003-14 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION 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
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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:
C=
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. A motion to table this item for further discussion at the
February 20, 2003 Workshop Meeting was offered by Commissioner Cohen,
seconded by Commissioner Berger and unanimously passed.
F. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT SUBSTANTIALLY AS
ATTACHED HERETO, BETWEEN THE CITY OF AVENTURA, TWENTY-
FOUR NONEXEMPT MUNICIPALITIES, MIAMI-DADE COUNTY AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS
REQUIRED BY §163.31777 and §1013.33, FLORIDA STATUTES;
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 Cohen and seconded by
Commissioner Grossman. Kathryn Wilbur, Creative Land Development
Services, Inc. and Susan L. Trevarthen, Esq., Weiss, Serota, Helfman, et al,
representing the City, addressed the Commission. An amendment to the
Agreement was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed to provide: 1) Mandatory
renegotiation of the agreement by all parties within one year after March 1, 2003,
with negotiation to take place at the workshop meeting provided for in Section 1.2
of the Agreement; 2) Meetings of the staff working group commence within 60
days and to be held at least quarterly, rather than semi-annually; 3) School Board
shall conduct first reading of rule change required to expand membership of the
SSPCC no later than at its March meeting, and shall conduct second reading no
later than its May meeting; 4) Staff working group and School Site Planning and
Construction Committee shall report annually to the Oversight Committee on the
implementation and effectiveness of the Agreement, at least sixty days prior to
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the Oversight Committee's meeting and provide for distribution to local
governments. The motion for approval, as amended, passed unanimously and
Resolution No. 2003-15 was adopted.
G. Mr. Wolpin read following motion:
MOTION AUTHORIZING TRANSIT SERVICE ENHANCEMENTS,
EXPANSION AND IMPROVEMENTS AS RECOMMENDED BY THE
CITY MANAGER IN THE REPORT DATED JANUARY 16, 2003.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Vice Mayor HoIzberg. The motion passed unanimously.
H. Mr. Wolpin read the following motion by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN WILLIAMS ISLAND ASSOCIATES, LTD. 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.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. A motion to table for further
discussion was offered by Commissioner Cohen, seconded by
Commissioner Beskin, and passed 6-1, with Commissioner Berger voting
no.
7. ORDINANCES- FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES- SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL
YEAR BY REVISING THE 200112002 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.
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A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. Mayor Pedow 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. 2003-02 was enacted.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL
YEAR BY REVISING THE 200212003 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" AND "B"
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 Berger. Mayor Perlow 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. 2003-03 was enacted.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None
11. PUBLIC COMMENTS: None.
REPORTS. As submitted.
13.ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and un~lnimousl
adjourned at 7:30 p.m.
Te~, M. So~
jthe meeting
CM~, City Clerk
Approved by the Commission on March 11, 2003.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng
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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