05-06-08
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MINUTES
CITY COMMISSION MEETING
MAY 6,20086 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel,
Michael Stern, Luz Urbaez Weinberg Vice Mayor lev Auerbach (arrived at 6:32 p.m.),
Mayor Gottlieb, 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: Led by Norman Leopold.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: ACES 6th grade student Amir Friedheim addressed
the Commission regarding the reusable environmentally safe water bottles the school is
offering for sale. Certificates of Appreciation were presented to the Business Tax Equity
Study Advisory Board members by Mayor Gottlieb and Mr. Soroka. Mayor Gottlieb and
Commissioner Diamond presented a Distinguished Citizen Award to Normal Leopold,
Esq. Debora Rivera, P.E. representing the Florida Department of Transportation made
a presentation regarding 95 Express/l-95 Express Lanes.
5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-C. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner Joel,
seconded by Vice Mayor Auerbach, passed unanimously and the following action was
taken:
A. The following minutes were approved:
April 8, 2008 Commission Meeting
April 17, 2008 Special Meeting
April 17, 2008 Workshop Meeting
B. Resolution No. 2008-20 was adopted as follows:
A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE
PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE
CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2008-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE APRIL 22, 2008 MUNICIPAL SPECIAL MAIL-IN
BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD
AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2008-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF SUFFOLK
CONSTRUCTION COMPANY, INC. TO PERFORM CONSTRUCTION
MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT
RISK IN ACCORDANCE WITH ISQ NO. 08-04-18-2, ARTS AND
CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES;
AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO
PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRM BE UNSUCCESSFUL; 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, REQUESTING MIAMI- DADE COUNTY TO
CONSIDER ADOPTING CONSUMER PROTECTION MEASURES TO
PROVIDE THAT RESTAURANTS MUST DISCLOSE THE PRICE OF
FOOD AND BEVERAGE SPECIALS BEFORE ACCEPTING ORDERS
FROM RESTAURANT PATRONS; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Joel. The motion for approval passed 6-1
with Mayor Gottlieb voting no and Resolution No. 2008-23 was adopted.
Mayor Gottlieb left the meeting at this time.
6. 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
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witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr.
Weiss read the quasi-judicial proceedings and the following resolution by title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE
AT THE CAVIAR & MORE! KIOSK IN THE AVENTURA MALL AT 19501
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE
DATE.
Planning Director Joanne Carr addressed the Commission and entered the staff
report into the record. A motion for approval was offered by Commissioner
Weinberg and seconded by Commissioner Joel. Vice Mayor Auerbach opened the
public hearing. The following individuals addressed the Commission: Sy Chadroff,
Esq., 3000 Island Boulevard, Sara Friedman, and Mark laslovsky, representing the
applicant. There being no further speakers, the public hearing was closed. An
amendment was offered by Vice Mayor Auerbach and seconded by Commissioner
Diamond to limit the wine amount per glass to four ounces. The amendment passed
5-1, with Commissioner Weinberg voting no. An amendment was offered by
Commissioner Diamond, seconded by Commissioner Weinberg and unanimously
passed to provide that in the event of violation, the City Manager may revoke the
conditional use, and alcohol may be served to seated patrons only and must be
served with food. The motion for approval, as amended, passed unanimously (6-0)
and Resolution No. 2008-24 was adopted.
Mayor Gottlieb returned to the meeting at this time.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR FOREVER
21 RETAIL INC. ON PROPERTY LOCATED AT 19501 BISCA YNE
BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE
DATE.
Ms. Carr addressed the Commission and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner Holzberg,
and seconded by Commissioner Joel The motion for approval passed unanimously
(6-0 with Commissioner Diamond absent from the room) and Resolution No. 2008-
25 was adopted.
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7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE
CITY CODE BY AMENDING ARTICLE II "LOCAL BUSINESS T AXES"OF
CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" BY
AMENDING SECTION 18-32 "TERM OF RECEIPT; HALF YEAR RECEIPT;
TRANSFER OF RECEIPT"; AMENDING SECTION 18-41 "HOME
OCCUPATION RECEIPTS"; AND AMENDING SECTION 18-42 "TAX
SCHEDULE" TO CONFORM WITH RECENT REVISIONS TO FLORIDA
STATUTE CHAPTER 205 TO ESTABLISH NEW RATE STRUCTURES FOR
LOCAL BUSINESS TAX RECEIPTS BY PROVIDING AN INCREASE OF UP
TO TEN (10%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Auerbach and seconded by
Commissioner Weinberg. Thomas Oliveri, Chair of the Advisory Board,
addressed the Commission and reported on the action of the Board and its
recommendations. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL
YEAR BY REVISING THE 2007/2008 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.
A motion for approval was offered by Vice Mayor Auerbach, and seconded
by Commissioner Weinberg. Mayor Gottlieb 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. 2008-
09 was enacted.
B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Weiss
read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 2008/2009 (JULY 1 - JUNE 30), PURSUANT TO
SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING
EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, and
seconded by Commissioner Stern. Mayor Gottlieb 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. 2008-10 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Weiss read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA
FLORIDA NAMING THE 1.5 ACRE PARK LOCATED ON 213TH STREET AS
THE GEORGE J. BERLIN MEMORIAL PARK IN HONOR OF GEORGE J.
BERLIN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Stern. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Susan and Emily Shalev, Mr. Berlin's
daughter and granddaughter. There being no further speakers, the public
hearing was closed. A motion to table this matter was offered by Vice Mayor
Auerbach, seconded by Commissioner Holzberg and unanimously passed.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
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13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconde and unanimously assed, the meeting
adjourned at 8:45 p.m.
Approved by the Commission on June 3, 2008.
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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