01-06-2015 AThe City of CITY COMMISSION Aventura Government Center
ventura REGULAR MEETING MINUTES 19200 W Country Club Drive
Aventura. Florida 33180
JANUARY 6, 2015 — 6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. Present were the following: Mayor Enid Weisman, Vice Mayor
Teri Holzberg, Commissioner Enbar Cohen, Commissioner Denise Landman,
Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard
Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Police Chief Steven
Steinberg.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
A motion to approve the Consent Agenda was offered by Commissioner Narotsky,
seconded by Commissioner Landman, and passed unanimously by roll call vote. The
following action was taken:
A. Minutes were approved as follows:
November 6, 2014 Commission Orientation
November 6, 2014 Commission Inauguration
November 12, 2014 Commission Meeting
November 20, 2014 Workshop Meeting
B. Resolution No. 2015-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 4, 2014 MUNICIPAL CANDIDATE ELECTION, AS CERTIFIED BY
THE CANVASSING BOARD AND ATTACHED HERETO; AND DECLARING
THE QUALIFYING UNOPPOSED CANDIDATE ELECTED TO COMMISSION
SEAT 4 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION
PROCESS FOR THAT SEAT, AS CERTIFIED BY THE CITY CLERK;
PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2015-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DEDICATING A TEN (10) FOOT WIDE BY TWO HUNDRED (200)
FOOT LONG AND A TWENTY (20) FOOT WIDE BY TWENTY (20) FOOT
LONG EASEMENT TO FLORIDA POWER AND LIGHT COMPANY ON THE NE
188TH STREET PARK IMPROVEMENTS SITE; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
Aventura City Commission Meeting Minutes—January 6, 2015
Page 2
D. Resolution No. 2015-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD: AND PROVIDING
AN EFFECTIVE DATE.
E. Resolution No. 2015-04 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY
OF AVENTURA ARTS & CULTURAL CENTER ADVISORY BOARD TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2015-05 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY
TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF
GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
G. Resolution No. 2015-06 was adopted 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 AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO
REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF
AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 2015-07 was adopted 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.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS:
Mayor Weisman noted that Item 6B would be taken out of order and read the following
resolution by title:
Aventura City Commission Meeting Minutes—January 6, 2015
Page 3
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING SIGN VARIANCE FOR STEELBRIDGE CONCORDE
AVENTURA, LLC, ON PROPERTY LOCATED AT 2999 NE 191 STREET, CITY
OF AVENTURA; PROVIDING AN EFFECTIVE DATE.
Mr. Wolpin noted that Mayor Weisman would be abstaining from voting on Item 6A,
since she serves on the Board of Trustees for the Applicant of that item, as noted in the
staff report.
Mr. Wolpin reviewed the quasi-judicial procedures and Mrs. Horvath administered the
oath to all those wishing to offer testimony for Items 6A and 6B.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval, subject to the conditions
specified in Section 1 of the resolution.
Mayor Weisman opened the public hearing.
The following individual addressed the Commission representing the Applicant: Michael
Manno — Principal at Steelbridge Real Estate Services (1401 Brickell Avenue #570,
Miami).
There being no further speakers, the public hearing was closed.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Shelley. The motion for approval passed unanimously by roll call vote
and Resolution No. 2015-09 was adopted.
Mayor Weisman recused herself from Item 6A and left the meeting. Vice Mayor
Holzberg presided over the meeting. Mr. Wolpin read the following resolution by title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW A
HELIPORT ON THE ROOFTOP OF THE NORTH TOWER OF THE
AVENTURA HOSPITAL AND MEDICAL CENTER AT 20900 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval with conditions (1-14), as
listed in Section 2 of the resolution, as well as the following added condition (#15): The
Applicant will re-examine obstacles in the vicinity of the approach/departure paths on an
annual basis in accordance with the FAA Advisory Circular 150/5390-2C. Any new
obstacles noted will be forwarded to the Airport District Office, Flight Standards District
Office or Regional Flight Standards Division. Compliance with the above will be based
on FAA requirements. The following additional documents were also entered into the
record: letter from the Applicant's Attorney (1/5/2015), FAA determination of landing
area proposal (1/5/2015), letter of support from Palm Garden Nursing Home (1/5/205),
and letter of support from Dr. Stewart Shull (1/5/2015). Emails from Aventura resident
Varda Goodman were also included in the record.
Aventura City Commission Meeting Minutes—January 6, 2015
Page 4
A motion for approval, including condition #15, was offered by Commissioner Cohen,
and seconded by Commissioner Shelley.
The following individual(s) addressed the Commission representing the Applicant: Alex
Tachmes — Attorney (Shutts & Bowen LLP, 201 S. Biscayne Blvd. #1500, Miami), Eric
Bearden — Architect (Gresham, Smith & Partners, 6030 Hollywood Blvd. #210, Fort
Lauderdale), Diane Goldenberg - CEO (Aventura Hospital and Medical Center, 20900
Biscayne Blvd., Aventura), and Kirk Shaffer — Attorney (701 Pennsylvania Avenue NW,
Washington D.C.).
The following condition (#16) was offered by the Applicant: In the event that a
developer is unable to construct a building in Hallandale Beach to the maximum height
allowed under the Hallandale Beach land development regulations, and such inability is
caused solely by the FAA-approved flight path for the Aventura Hospital heliport,
Aventura Hospital agrees to contact the FAA and use good faith efforts to modify the
flight path. The Applicant noted that there was a deadline of April 2015 to submit a
completed application to the Department of Health, which would include a built helipad.
A motion to add condition #16, to the existing motion, was offered by Commissioner
Weinberg, and seconded by Commissioner Cohen. The motion to add condition #16 to
the existing motion passed unanimously by roll call vote, with Mayor Weisman absent.
Vice Mayor Holzberg opened the public hearing.
The following individual(s) addressed the Commission: Renee Miller — Manager and
Keven Klopp — Development Services Director (City of Hallandale Beach, 400 S.
Federal Highway, Hallandale Beach), Bob Diamond (3000 Island Blvd. #1806,
Aventura), and Reverend Will Keyser (unincorporated Dade County).
There being no further speakers, the public hearing was closed.
The motion for approval, including all 16 conditions, passed unanimously by roll call
vote, with Mayor Weisman absent, and Resolution No. 2015-08 was adopted.
Mayor Weisman returned and presided over the meeting.
7. ORDINANCES - FIRST READING — PUBLIC INPUT: None
8. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2013-09 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2013/2014 FISCAL YEAR BY REVISING THE
2013/2014 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.
Aventura City Commission Meeting Minutes—January 6, 2015
Page 5
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Shelley.
Mayor Weisman 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. 2015-
01 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: The following reports were presented:
Julien Saka — Dr. Michael Krop Senior High School Representative, provided an update.
Commissioner Landman reported on her attendance to the NALEO Conference and
encouraged Commissioners to review the materials she provided.
Mr. Soroka announced that the City would be recognized for its 18th year as a National
Tree City USA, by the National Arbor Day Foundation, which would be celebrated on
Arbor Day.
11. PUBLIC COMMENTS: There were no requests from the public to address the
Commission.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, a motion to adjourn was offered by Vice Mayor Holzberg,
seconded by Commissioner Narotsky, and passed unanimously, thus the meeting was
adjourned at 7:27 p.m.
•
Ellisa L. Horvath, M , ity Clerk
01
Approved by the Commission on February 3, 2015.
FORM 8B 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
ENID WEISMAN CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
19200 W.COUNTRY CLUB DR. WHICH I SERVE IS A UNIT OF:
CITY COUNTY 17 CITY ❑COUNTY ❑OTHER LOCAL AGENCY
AVENTURA,FL MIAMI-DADE NAME OF POLITICAL SUBDIVISION:
CITY OF AVENTURA,FLORIDA
DATE ON WHICH VOTE OCCURRED MY POSITION IS
JANUARY 6,2015 l7 ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or 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
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict 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 before
completing the reverse side and filing the form.
ii
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 or 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 govemment agency)by whom he or she is retained(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 or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited 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,
mother-in-law, son-in-law, 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 venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
k i k * k M M M M k • w e w w w
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
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
♦ w + t + R * • t e x w • x k
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or In writing and whether made
•
by you or at your direction.
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 form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after 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 conflict in the measure before participating.
• You must complete the form and file it 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
ENID WEISMAN,MAYOR OF THE CITY OF AVENTURA hereby disclose that on JANUARY 6 20 15
(a)A measure came or will come before my agency which(check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
1J inured to the special gain or loss of MIAMI BEACH HEALTHCARE GROUP,LTD,D/B/A AVENTURA HOSPITAL AND MEDICAL CENTER(THE"HOSPITAL") A
or
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 nature of my conflicting interest in the measure is as follows:
THE MEASURE WAS A QUASI-JUDICIAL CONDITIONAL USE APPLICATION BY THE
APPLICANT HOSPITAL FOR A ROOFTOP HELIPAD, AS DESCRIBED IN AGENDA ITEM 6
(A). I SERVE AS CHAIR OF THE BOARD OF TRUSTEES FOR THE HOSPITAL . I HAVE
EDITED THE FORM ABOVE, SINCE I AM NOT ACTUALLY RETAINED BY THE HOSPITAL. I
SERVE AS A NON- COMPENSATED VOLUNTEER FOR THE HOSPITAL BOARD OF
TRUSTEES . I DISCLOSED THE VOTING CONFLICT AND ABSENTED MYSELF FROM THE
COMMISSION MEETING ROOM FOR THE ITEM AND DID NOT PARTICIPATE OR VOTE
THEREON.
Date F'ed Signature
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 8B-EFF.1/2000 PAGE 2