March 1, 2016 Regular Meeting Minutes The City of CITY COMMISSION
REGULAR MEETING MINUTES Aventura Government Center
MARCH 1, 2016 19200 W.Country Club Drive Aventura, Florida 33180
ailimimpumnillOP RMININIMPIMINNIMMINO 6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:09 p.m. The roll was called and the following were present: Mayor
Weisman, Vice Mayor Robert Shelley, Commissioner Enbar Cohen, Commissioner Teri
Holzberg, Commissioner Denise Landman, Commissioner Marc Narotsky,
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 cited at the Local Planning Agency
Meeting.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. 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 Vice Mayor
Shelley, seconded by Commissioner Holzberg, and passed unanimously by roll call
vote. The following action was taken:
A. Minutes were approved as follows:
• February 2, 2016 Commission Regular Meeting
• February 17, 2016 Commission Workshop Meeting
B. Resolution No. 2016-15 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 FOR AN EFFECTIVE DATE.
C. Resolution No. 2016-16 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE
WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-
WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE
NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE BY AND
BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Meeting Minutes
March 1, 2016
D. Resolution No. 2016-17 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED JUSTICE ASSISTANCE GRANT APPLICATION WITH THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT IN THE AMOUNT OF
$10,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
E. Motion was approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $56,900 FOR
MOBILE LICENSE PLATE READER/SPEED LIMIT NOTIFICATION
TRAILER, SCREENING FOR K-9 TRAINING AREA AND FUNDS TO
COMPLETE PHASE 1 OF THE IN CAR VIDEO PROJECT FROM THE
FEDERAL POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
F. Resolution No. 2016-18 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA PROVIDING FOR ACCEPTANCE OF EASEMENT DEDICATION
FROM TURNBERRY TOWERS CONDOMINIUM ASSOCIATION, INC. TO
THE CITY OF AVENTURA TO INSTALL AND MAINTAIN SIDEWALK ON
THE EAST SIDE OF TURNBERRY WAY; AUTHORIZING THE CITY
MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING
DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; AND
PROVIDING FOR EFFECTIVE DATE.
G. Motion was approved as follows:
MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 2015 AND THE LETTER DATED FEBRUARY 16, 2016 ATTACHED
HERETO AS ATTACHMENT A.
H. Resolution No. 2016-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO. 16-
02-10-2, SCHOOL UNIFORMS,TO CHAI TEES,LLC IN ACCORDANCE WITH
THE RFP DOCUMENT ATTACHED AS EXHIBIT "A"; 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;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Meeting Minutes
March 1, 2016
5. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS:
Mayor Weisman recused herself from voting on Item 5 due to a conflict and left the
meeting.' It was previously noted that Mayor Weisman serves on the Board of Trustees
for the Applicant of the item, as noted in the staff report (January 6, 2015 Commission
Meeting).
Vice Mayor Shelley presided over the meeting.
Mr. Wolpin reviewed the quasi-judicial procedures and read the following Resolution by
title:
RESOLUTION—PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING APPROVAL OF VARIANCE TO SECTION 31-144(f)(4)d. OF
THE CITY CODE TO ALLOW OPEN SPACE OF 21.8% WHERE A MINIMUM 33% IS
REQUIRED BY CODE; AND MODIFICATION OF THE VARIANCE TO SECTION 31-
144(f)(4)d. OF THE CITY CODE GRANTED THROUGH RESOLUTION NO. 2002-07
TO ALLOW A FLOOR AREA RATIO OF 1.38 WHERE A FLOOR AREA RATIO OF
1.35 WAS GRANTED THROUGH RESOLUTION NO. 2002-07 AND MAXIMUM
FLOOR AREA RATIO PERMITTED BY CODE IS 1.28, FOR AN EXPANSION TO THE
AVENTURA HOSPITAL AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Horvath administered the oath to all those wishing to offer testimony.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Narotsky.
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.
Vice Mayor Shelley opened the public hearing.
The following individual addressed the Commission representing the Applicant: Michael
D. Hunkler, P.E. - Gresham, Smith and Partners (1400 Nashville City Center, 511 Union
Street, Nashville, TN).
There being no further speakers, the public hearing was closed.
The motion for approval passed unanimously by roll call vote, with Mayor Weisman
absent, and Resolution No. 2016-20 was adopted.
Mayor Weisman returned and presided over the meeting.
' The Memorandum of Voting Conflict for Mayor Weisman is incorporated into the minutes, per the attached.
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Aventura City Commission Meeting Minutes
March 1, 2016
6. SPECIAL PRESENTATIONS:
• Presentation of Key to the City to Robert Swedroe: Mayor
Weisman and members of the Commission presented Mr. Swedroe with a key to the
City, pursuant to the motion approved at the September 1, 2015 Commission Meeting.
7. ORDINANCES - FIRST READING — PUBLIC HEARINGS:
Mr. Wolpin read the following Ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ARTICLE VIII., SECTION 31-171, "OFF-STREET PARKING, LOADING AND
DRIVEWAY STANDARDS", OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE BY AMENDING SECTION 31-
171(a)(6)d. TO ADD MINIMUM WIDTHS FOR ONE-WAY AND TWO-WAY
DRIVE AISLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The staff report and testimony provided at the Local Planning Agency Meeting were
incorporated into the record by reference.
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.
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 OF AVENTURA, FLORIDA, AMENDING
CHAPTER 14, "BUILDINGS AND BUILDING REGULATIONS", ARTICLE VI.,
"GREEN BUILDING PROGRAM" TO ADD CLARIFICATION TO SECTION
14-115, INCENTIVES AND BONUSES; AGREEMENT AND BOND
REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Shelley and
seconded by Commissioner Narotsky.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
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Aventura City Commission Meeting Minutes
March 1, 2016
Mr. Wolpin read the following Ordinance by title:
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2015-09 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2015/2016 FISCAL YEAR BY
REVISING THE 2015/2016 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; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Cohen.
Mr. Soroka reviewed the Ordinance.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mr. Wolpin read the following Ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
DIVISION 6 "ARTS IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE
III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE
CITY CODE OF THE CITY OF AVENTURA, FLORIDA; REVISING
COMPOSITION AND DUTIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Landman and
seconded by Vice Mayor Shelley.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on second and final reading passed
unanimously, by roll call vote, and Ordinance No. 2016-02 was adopted.
Mr. Wolpin read the following Ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING CHAPTER 30 "ENVIRONMENT", BY
AMENDING ARTICLE VI "PROPERTY MAINTENANCE"; AT SECTION 30-
191 "PROPERTY MAINTENANCE", BY REVISING PARAGRAPH (B)(6)
THEREOF TO REQUIRE ENHANCED DRAINAGE AT PARKING LOTS ON
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Aventura City Commission Meeting Minutes
March 1, 2016
COMMERCIAL PROPERTIES AND ON PAVED AREAS OF SUCH
COMMERCIAL PROPERTIES; 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 Cohen.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
Mr. Soroka explained the code enforcement process.
The motion for approval of the Ordinance on second and final reading passed
unanimously, by roll call vote, and Ordinance No. 2016-03 was adopted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS:
Commissioner Landman invited residents to attend Movie Night on March 5th and the
Arts, Crafts & Jazz Festival on March 12th
Commissioner Weinberg provided an update on his monitoring of condominium specific
legislation in Tallahassee.
Mayor Weisman discussed the Arts, Crafts, and All That Jazz event featuring Nestor
Torres on March 12th. She encouraged everyone to vote and noted that early voting had
started at the library branch in Aventura.
11. PUBLIC COMMENTS: The following members of the public provided comments:
Mark Blumstein (One Turnberry Place, Suite 411, 19495 Biscayne Boulevard,
Aventura).
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Holzberg, seconded by
Commissioner Landman, and unanimously approved; thus adjourning the meeting at
7:02 p.m.
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�'_�'i•0' Ellisa L. Horvath, , City Clerk
4 ✓ �L
Approved by the Commission on April 5, 2016.
Page 6 of 6
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
Weisman, Enid City Commission of the City of Aventura, Florida
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
19200 W.Country Club Drive WHICH I SERVE ISA UNIT OF:
CITY COUNTY Bury ❑COUNTY ❑OTHER LOCAL AGENCY
Aventura,Florida Miami-Dade NAME OF POLITICAL SUBDIVISION:
City of Aventura,Florida
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
March 1,2016 El 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.
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 government 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).
# * * # * * # # * * # * * * * *
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.
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 March 1 20 16 •
(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,
inured to the special gain or loss of Miami Beach Healthcare Group,Ltd.d/b/a Aventura Hospital and Medical Center(the"Hospital") by
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 variance to allow open space requirements smaller than
allowed by City Code and to allow a lower floor area ratio than allowed by Code, as described in
the Commission Meeting Agenda - Item 5. 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 iled 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