01-06-2004
The Qty of
AVentura
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'....."
MINUTES
CITY COMMISSION MEETING
JANUARY 6,2004
Aventura Government Center
19200 W. Country Club Drive
Aventu,a, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m, by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin, 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: Manuel Grife led the pledge of allegiance.
Mayor Perlow left the meeting at this time.
3. 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 City Clerk Teresa M. Soroka,
A.
Mr. Wolpin read the following resolutions by title:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-70
WHICH HAD GRANTED CONDITIONAL USE APPROVAL TO PERMIT
AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE
AND A TRANSFER OF DENSITY ON 0.344 ACRES FROM LAND TO
BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY
LOCATED AT 3029 NORTHEAST 188TH STREET; BY AMENDING THE
CONDITION CONCERNING THE DEADLINE FOR OBTAINING A
BUILDING PERMIT TO IMPLEMENT THE CONDITIONAL USE
APPROVAL, BY ALLOWING A BUILDING PERMIT TO BE OBTAINED
WITHIN THREE YEARS OF THE DATE OF ADOPTION OF
RESOLUTION NO. 2003-70 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-70; AND
PROVIDING FOR AN EFFECTIVE DATE.
B.
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-71
WHICH HAD GRANTED CONDITIONAL USE APPROVAL TO PERMIT
AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE
AND A TRANSFER OF DENSITY ON 1.216 ACRES FROM LAND TO
BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY
LOCATED AT 3131 NORTHEAST 188TH STREET; BY AMENDING THE
CONDITION CONCERNING THE DEADLINE FOR OBTAINING A
BUILDING PERMIT TO IMPLEMENT THE CONDITIONAL USE
APPROVAL, BY ALLOWING A BUILDING PERMIT TO BE OBTAINED
WITHIN THREE YEARS OF THE DATE OF ADOPTION OF
RESOLUTION NO. 2003-71 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-71; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of item 3A was offered by Commissioner Cohen and
seconded by Commissioner Diamond. Vice Mayor Beskin opened the
public hearing. The following individual addressed the Commission: Cliff
Schulman, Esq., 1221 Brickell Avenue, representing the applicant. There
being no further speakers, the public hearing was closed. The motion for
approval of item 3A passed 5-1, with Vice Mayor Beskin voting no, and
Resolution No. 2004-01 was adopted,
A motion for approval of item 3B was offered by Commissioner Cohen and
seconded by Commissioner Grossman. An amendment was offered by
Commissioner Cohen, seconded by Commissioner Diamond and
unanimously passed to amend the resolution to provide that any
structures existing on the property shall be demolished and removed
within one (1) year of the adoption of Resolution No. 2003-71. The motion
for approval of item 3B, as amended, passed 5-1, with Vice Mayor Beskin
voting no, and Resolution No. 2004-02 was adopted,
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Vice Mayor Beskin requested removal of items 6-B, 6-C, 6-E
and 6-G from the Consent Agenda. A motion to approve the remainder of the
Consent Agenda was offered by Commissioner Grossman, seconded by
Commissioner Diamond, unanimously passed and the following action was taken:
A.
The minutes of the November 20, 2003 Commission Meeting, November
20, 2003 Workshop Meeting and December 15, 2003 Commission
Meeting were approved.
D.
Resolution No. 2004-03 was adopted as follows:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF THE
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DEDICATION OF RIGHT OF WAY KNOWN AS TURNBERRY WAY IN
THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO
OBTAIN DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
F.
Resolution No. 2004-04 was adopted as follows:
A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-O103-O34A
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PREPARE
SPECIFICATIONS AND BID DOCUMENTS FOR THE PREPARATION
OF AN ENVIRONMENTAL REMEDIATION PLAN FOR THE
DEVELOPMENT OF WATERWAYS PARK FOR THE AMOUNT OF
$122,000.00; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Perlow returned to the room at this time.
The following items were removed from the Consent Agenda and addressed
separately:
B.
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 PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, BETWEEN GULFSTREAM PARK RACING
ASSOCIATION, INC. AND THE CITY OF AVENTURA FOR THE
PURCHASE OF SIX ACRES ADJACENT TO WATERWAYS PARK FOR
THE PURCHASE PRICE OF $3,SOO,000; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. City Attorney Steven Zelkowitz, Esq.,
and Mr. Schulman addressed the Commission. An amendment to require
a recordable Memorandum of Agreement and provide for modifications to
the legal description as noted by Mr. Zelkowitz was offered by
Commissioner Diamond, seconded by Commissioner Cohen and
unanimously passed. The motion for approval, as amended, passed
unanimously and Resolution No. 2004-05 was adopted.
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C.
Mr. Wolpin read the following resolution by title::
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2004
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. The motion for approval passed 6-1, with
Vice Mayor Beskin voting no, and Resolution No. 2004-06 was adopted.
E.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman, seconded
by Commissioner Diamond, unanimously passed and Resolution No.
2004-07 was adopted.
G.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES
DURING THE 2004 LEGISLATIVE SESSION; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. A motion to defer this item to the January 22,
2004 Workshop meeting was offered by Vice Mayor Beskin, seconded by
Commissioner Diamond and unanimously passed,
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING ARTICLE VI "LOBBYING
ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION," BY REPEALING
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ALL OF ARTICLE VI, CONSISTING OF SECTION 2-371 THROUGH
AND INCLUDING SECTION 2-377, EXCEPT FOR SECTION 2-375
"PENALTIES," AND ADOPTING A NEW ARTICLE VI "LOBBYING
ACTIVITIES" TO CONSIST OF SECTION 2-371 "LOBBYISTS" AND
SECTION 2-375 "PENALTIES" OF CHAPTER 2 "ADMINISTRATION,"
BY ADOPTING SECTION 2-11.1(S) OF THE MIAMI-DADE COUNTY
CODE CONCERNING LOBBYING, AS MODIFIED HEREIN; PROVIDING
FOR RELATED FEES AND OTHER PROVISIONS CONCERNING
LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and
seconded by Commissioner Holzberg. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed, The
motion for approval passed 6-1 by roll call vote, with Commissioner
Auerbach voting no.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE BY ENACTING A NEW POLICE PENSION PLAN AND
TRUST FUND; PROVIDING TERMS FOR IMPLEMENTATION:
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. Robert Klaussner, Esq., pension
consultant, addressed the Commission. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. An
amendment was offered by Vice Mayor Beskin, seconded by
Commissioner Cohen and unanimously passed to provide that the
ordinance be amended to provide that the Board of Directors shall protect
the privacy of medical records and information to the extent permitted by
law. The motion for approval, as amended, passed unanimously by roll
call vote,
C.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-06, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30) BY
REVISING THE 2003/2004 FISCAL YEAR BUDGET DOCUMENT AS
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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 Commissioner Grossman and
seconded by Commissioner Cohen. 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.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA FOR FIVE
(5) PARCELS OF LAND ON THE WEST SIDE OF BISCAYNE
BOULEVARD FROM MO, MEDICAL OFFICE DISTRICT TO B1,
NEIGHBORHOOD BUSINESS DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wolpin announced that the City's quasi-judicial procedures are
invoked at this time. The City Clerk administered the oath to all witnesses
offering testimony in these proceedings. A motion for approval was
offered by Commissioner Cohen and seconded by Commissioner
Auerbach. Joanne Carr, Community Development Director, addressed
the Commission. Mayor Perlow opened the public hearing. The following
individual(s) addressed the Commission: Ira Rothstein, owner of property
at 20810 Biscayne Boulevard; Fran Ricca, 1615 NE 174th Street. There
being no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2004-
01 was enacted.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(f), MO DISTRICT, TO PROVIDE FOR REVISED
SETBACKS, LOT COVERAGE, OPEN SPACE AND MINIMUM LOT
SIZE, ADDITIONAL CONDITIONAL USES, STREETSCAPE DESIGN
STANDARDS AND URBAN DESIGN STANDARDS FOR THOSE
LANDS LYING BETWEEN NE 206 STREET TO THE SOUTH, NE 209
STREET TO THE NORTH, NE 28 AVENUE TO THE EAST AND EAST
DIXIE HIGHWAY TO THE WEST; PROVIDING FOR SEVERABILITY;
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PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Cohen. Ms. Carr addressed the Commission.
Mayor Perlow opened the public hearing. The following individual(s)
addressed the Commission: Ben Gamble, 412 NE 195th Street; Ms,
Ricca; Dennis Roth, 20833 East Dixie Highway; Ricardo Winocur, 3825 S.
University Drive. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2004-02 was enacted.
10. RESOLUTIONS: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA,
FLORIDA AMENDING RESOLUTION NO. 97-35 AND RESOLUTION NO. 98-
05 TO REVISE THE FEE SCHEDULE FOR DEVELOPMENT REVIEW,
PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Cohen. Ms. Carr addressed the Commission. Mayor Perlow
opened the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously and Resolution No. 2004-
08 was adopted.
10.0THER BUSINESS: None.
12. PUBLIC COMMENTS: Bob Burroughs,
13. REPORTS. As submitted.
Mr. Wolpin requested an Executive Session to be scheduled regarding Miami-Dade
County, et al vs, DOT - concerning the railroad crossing.
Anyone wishing to appeal any decision made by the City Commission wit to any matte' 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 reco,d inciudes the testimony and evidence upon which the appeal is to be based.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME Of BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
PERLOW, JEFFREY M. CITY COMMISSION
MAILING AOORESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
19200 W. COUNTRY CLUB DRIVE WHICH I SERVE IS A UNIT OF,
CITY COUNTY ","CITY 0 COUNTY 0 OTHER LOCAL AGENCY
AVENTURA, MIAMI DADE NAME Of POLITICAl. SUBOIVISION,
CITY OF AVENTURA
DATE ON WHICH VOTE OCCURRED MY POSITION IS,
01-06-04 II ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county. city, 0' other local level of government on an appointed or elected board, council,
commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented with a voting
confiict of interest unde, Section 112.3143. Florida Statutes,
You, ,esponsibilities unde, the law when faced with voting on a measure in which you have a confiict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form befo,e
completing the ,averse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his 0' her special private gain or loss. Each elected or appointed local offICer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is ,etained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain 0' loss of a business associate. Commissioners of community redevelopment agencies unde, Sec. 163.356 0'
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vole basis a'e not p,ohibited from voting in that
capacity.
For purposes of this law. a 'relative' includes only the officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-law,
mothe,-in-Iaw, son.in-Iaw. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint ventu,er, coowner of property, 0' corporate sha'eholder (whe,e the sha,es of the corpo,ation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
a,e abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person ,esponsible fo, ,eco,ding the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you musl abstain from voting in the situations described above, you otherwise may participate in these matte,s. Howeve" you
must disclose the nature of the conflict before making any attempt to influence the decision, whethe, orally or in writing and whethe, made
by you or at your di,ection.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
, You must complete and file this fo,m (befo,e making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will inco,porate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE'
APPOINTED OFFICERS (continued)
. A copy of the form m';st be provided immediately to the othe, members of the agency.
. The form must be 'ead publicly at the next meeting afte' the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conßict in the measure before participating.
. You must complete the form and file II within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
JEFFREY M. PERLOW
, hereby disclose that on
01-06
.200~:
(a) A measure came or will come before my agency which (check one)
- inu'ed to my special private gain 0' loss;
- inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
- inured to the special gain or loss of
whom I am retained; or
, by
inured to the special gain or loss of
, which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the natu'e of my conflicting interest in the measu'e is as follows: Agenda item 3-A
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Date Filed .
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAilURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2