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10-06-2015 Tie City f CITY COMMISSION y REGULAR MEETING MINUTES Aventura Government Center Aventura OCTOBER 6, 2015 19200 W Country Club Drive Aventura, Florida 33180 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. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Enbar Cohen, Commissioner Teri Holzberg, 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 students Nathaniel Manor and Sara Eghtessadi. 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 items on the Consent Agenda was offered by Commissioner Holzberg, seconded by Commissioner Narotsky, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • September 1, 2015 Commission Regular Meeting • September 8, 2015 Commission Meeting (First Budget Hearing) • September 16, 2015 Commission Meeting (Second Budget Hearing) • September 17, 2015 Commission Special Meeting • September 17, 2015 Commission Workshop Meeting B. Resolution No. 2015-55 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2016 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. C. Motion was approved as follows: MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS Aventura City Commission Meeting Minutes—October 6, 2015 Page 2 D. Resolution No. 2015-56 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 01-0103-211 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 1915t STREET DRAINAGE AND ROAD RESURFACING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2015-57 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 15- 09-21-02, SOFFER TRAIL DECORATIVE LIGHTING TO UNDER POWER CORP. AT THE BID PRICE OF $429,160; 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. F. Motion was approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $16,000 FOR FURNITURE/OFFICE EQUIPMENT FOR RECORDS SECTION AND ADMINISTRATIVE OFFICES FROM THE FEDERAL POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin incorporated the quasi-judicial procedure provisions into the record and read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW A HEIGHT OF 16 STORIES AND 169 FEET FOR THE REDEVELOPMENT OF THE ORCHID HOTEL BUILDING AT THE TURNBERRY ISLE RESORT, WHERE A HEIGHT OF 12 STORIES AND 120 FEET IS PERMITTED BY CODE, ON PROPERTY LOCATED AT 19999 WEST COUNTRY CLUB DRIVE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion to approve the Resolution was offered by Commissioner Weinberg and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record for the item, which recommended approval, subject to the conditions as outlined in Section 3 of the Resolution. Aventura City Commission Meeting Minutes—October 6, 2015 Page 3 Jeffrey Bercow, Attorney (Bercow Radell & Fernandez — 200 S. Biscayne Blvd. #850, Miami, FL), and Don Wolfe, Architect (Nichols Brosch Wurst Wolfe & Associates, Inc. — 161 Almeria Avenue, Coral Gables, FL), provided testimony on behalf of the Applicant. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution was unanimously passed, by roll call vote, and Resolution No. 2015-58 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance by title: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CITY OF AVENTURA CODE OF ORDINANCES BY AMENDING SECTION 2-371 "LOBBYISTS" OF ARTICLE VI. "LOBBYING ACTIVITIES" TO BE CONSISTENT WITH THE MIAMI-DADE COUNTY ETHICS CODE BY ELIMINATING THE LOBBYIST EXPENDITURE STATEMENT FILING REQUIREMENT FOR LOBBYISTS THAT HAVE MADE NO LOBBYING EXPENDITURE DURING A GIVEN REPORTING PERIOD AND ELIMINATING THE PAYMENT OF LOBBYIST REGISTRATION FEES BY PRINCIPALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Cohen and seconded by Commissioner Holzberg. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Mr. Soroka explained the Ordinance. The motion for approval of the Ordinance on first reading passed unanimously, by roll call vote. Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE LEGISLATIVE EXPENSE AMOUNT FOR THE MAYOR AND INDIVIDUAL COMMISSIONERS AS PROVIDED FOR IN SECTION 2.06 OF THE CITY OF AVENTURA CHARTER, FROM $6,059 TO $8,059 PER YEAR; 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 of the Ordinance was offered by Vice Mayor Cohen and seconded by Commissioner Landman. Aventura City Commission Meeting Minutes—October 6, 2015 Page 4 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance passed on first reading passed (6-1), by roll call vote, with Commissioner Narotsky voting no. Mr. Wolpin read the following Ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS",BY AMENDING ARTICLE IV "POLICE COST RECOVERY"; AT SECTION 18-80 "RECOVERY OF COSTS FOR FAILURE OF RESPONSIBLE PERSON TO APPEAR ON BEHALF OF BUSINESS"; TO AUTHORIZE IMPOSITION OF A MINIMUM SERVICE FEE IN LIEU OF THE RECOVERY OF ALL COSTS INCURRED BY THE CITY POLICE DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A CRIMINAL PROSECUTION IS ABANDONED, DISMISSED OR FAILS AS A DIRECT RESULT OF THE FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN LAW ENFORCEMENT OR COURT PROCEEDINGS ON BEHALF OF THE OWNER OR OPERATOR OF A BUSINESS ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Holzberg and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Mr. Wolpin explained the Ordinance. The motion for approval of the Ordinance on first reading passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: Commission Landman discussed Breast Cancer Awareness Month (October) and discussed the importance of early prevention. Mayor Weisman discussed Aventura Hospital's Breast Cancer Awareness evening for women on October 14th. She also reported on the festivities on Oct 31st at Founders Park for Halloween and movie night. Commissioner Weinberg suggested that the City host a Miami-Dade County League of Cities dinner in Aventura. This item will be discussed at the October Workshop Meeting. 4 Aventura City Commission Meeting Minutes—October 6, 2015 Page 5 Nathaniel Manor and Sara Eghtessadi - Dr. Michael M. Krop Senior High School Representatives, provided an update. 11. PUBLIC COMMENTS: • Surfside Commissioner Michael Karukin — 2015 Miami Walk to End Alzheimer's (November 7, 2015): Commissioner Karukin encouraged participation in the Walk. Jennifer Braisted (Advocacy/Public Policy Coordinator for Alzheimer's Association Southeast Florida Chapter — 3333 Forest Hill Blvd., West Palm Beach) provided comments. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Cohen, seconded by Commissioner Landman, and unanimously approved; thus adjourning the meeting at 7:11 p.m. ;;�.�` Ellisa L. Horvath, M dif i y Clerk 4 £fed Approved by the Commission on November 3, 2015.