01-10-2017 Regular Commission Meeting Agenda 1 City Manager
City Commission ��\ , t Eric M. Soroka,ICMA-CM
Enid Weisman,Mayor
Marc Narotsky,Vice Mayor - :: City Clerk
Denise Landman, Commissioner * _ * Ellisa L. Horvath, MMC
Dr.Linda Marks, Commissioner
Gladys Mezrahi, Commissioner \�� City Attorney
Robert Shelley, Commissioner - I I �� � GC Weiss Scrota Helfman
Howard Weinberg, Commissionereiifi's Cole&Bierman
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CITY COMMISSION MEETING AGENDA
JANUARY 10, 2017
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Presentation of Silver Designation Certificate from the Florida Green
Building Coalition's Florida Green Local Government
• Proclamation Recognizing Clifford A. Schulman
• Employee Service Awards
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member
of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public
wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting.
They will be recognized to speak prior to the approval of the consent agenda.
A. APPROVAL OF MINUTES:
• November 1, 2016 Commission Regular Meeting
• November 10, 2016 Commission Inauguration
• November 17, 2016 Commission Workshop Meeting
• November 17, 2016 Commission Meeting
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $35,000 FOR
TACTICAL TRAINING CLASSES FROM THE POLICE FORFEITURE FUNDS
IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
AVENTURA CITY COMMISSION MEETING AGENDA
JANUARY 10,2017
PAGE 2 OF 3
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AM)
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 FOR AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 8, 2016 MUNICIPAL CANDIDATE ELECTION FOR
COMMISSION SEAT 5, AS CERTIFIED BY THE CANVASSING BOARD AND
ATTACHED HERETO; AND DECLARING THE QUALIFYING UNOPPOSED
CANDIDATES ELECTED TO COMMISSION SEAT 1 AND COMMISSION SEAT
3 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION
PROCESS FOR THOSE SEATS, AS CERTIFIED BY THE CITY CLERK;
PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 8, 2016 MUNICIPAL SPECIAL ELECTION HELD IN
CONJUNCTION WITH THE GENERAL ELECTION BEING HELD ON THE
SAME DATE,AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED
HERETO; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AMENDING RESOLUTION NO.2011-14 WHICH PROVIDED A FEE
SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION
PERMITS AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE CITY OF AVENTURA 2017 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.
6. ZONING HEARINGS-QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that
the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon
any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak
on each item will be made available after the applicant and staff have made their presentations on each item. All
testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally,each person
who gives testimony may be subject to cross-examination.If you refuse either to be cross-examined or to be sworn,
your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but
the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing
organizations must present evidence of their authority to speak for the organization. Further details of the quasi-
judicial procedures may be obtained from the Clerk. None
7. ORDINANCES-FIRST READING/PUBLIC HEARINGS: None
AVENTURA CITY COMMISSION MEETING AGENDA
JANUARY 10,2017
PAGE 3 OF 3
8. ORDINANCES-SECOND READING/PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144"BUSINESS ZONING DISTRICTS"OF ARTICLE VII"USE
REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS"OF THE CITY CODE,BY AMENDING SECTION 31-144(1)
"MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-144(f)(1),
"USES PERMITTED", BY AMENDING SECTION 31-144(0(2),
"CONDITIONAL USE" AND BY AMENDING SECTION 31-144(0(3), "USES
PROHIBITED"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
B. 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.
9. RESOLUTIONS—PUBLIC HEARINGS: None
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None
13. ADJOURNMENT
FUTURE MEETINGS*
COMMISSION WORKSHOP—JANUARY 18,2017 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5TH FLOOR)
COMMISSION MEETING—FEBRUARY 9,2017 AT 6 PM
COMMISSION CHAMBER
COMMISSION WORKSHOP—FEBRUARY 16,2017 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5Th FLOOR)
*Meeting dates and times are subject to change.Please check the City's website for the most current schedule.
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of
the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to
appeal any decision made by the Aventura City Commission with respect to any matter considered at such 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. Agenda
items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305-466-8901.
The City of CITY COMMISSION
Aventura
REGULAR MEETING MINUTES Aventura Government Center
J\.
ent 1 ' NOVEMBER 1, 2016 19200 W.Country Club Drive
`L. tW FOLLOWING THE LOCAL PLANNING Aventura, Florida 33180
AGENCY MEETING AT
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:26 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Denise Landman, Commissioner Teri Holzberg, Commissioner
Dr. Linda Marks, 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 previously done at the Local
Planning Agency Meeting.
3. ELECTION OF VICE MAYOR: After nomination by Commissioner Shelley,
seconded by Commissioner Landman, and unanimously approved, Commissioner Marc
Narotsky was elected Vice Mayor, for the next six-month period.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS:
• The Florida Police Chiefs Association Lifesaving Award Presented
to Aventura Police Sergeant Robert Myers: Chief Steven Steinberg introduced the
following: Bay Harbor Islands Police Chief Sean Hemingway (FPCA District #4
Director), Miami Shores Police Chief Kevin Lystad (FPCA 1st Vice President), and
Aventura Major Skip Washa (FPCA Awards Committee Member), who presented
Sergeant Robert Myers with the Lifesaving Award, on behalf of the Florida Police Chiefs
Association (FPCA).
• Employee Service Awards: Mr. Soroka presented Lanorris Miller
(Community Services Department - 15 years), Julio Garcia (Facilities Manager - 10
years), and Police Chief Steven Steinberg (Police Department - 20 years), with
recognition certificates and a token of appreciation for the completion of milestone years
of service with the City.
• Recognizing the Service of City Commissioner Teri Holzberg: Mayor
Weisman and the Commission presented Commissioner Teri Holzberg with a key to the
City and a token of appreciation, in recognition of over nine years of service on the City
Commission and expressed their gratitude. Susan Gottlieb (former Mayor) and Michael
Stern (former Commissioner) also provided comments. Commissioner Holzberg
reviewed highlights of her time on the Commission and expressed her appreciation to
fellow Commission Members and staff.
6. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Aventura City Commission Meeting Minutes
November 1, 2016
A motion to approve the items on the Consent Agenda was offered by Commissioner
Shelley, seconded by Commissioner Landman, and passed unanimously by roll call
vote. The following action was taken:
A. Minutes were approved as follows:
• October 10, 2016 Commission Regular Meeting
• October 20, 2016 Commission Workshop Meeting
B. Resolution No. 2016-64 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. Motion was approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $44,500 FOR
BUILDOUT OF FLEET BAY/STORAGE ROOM AND CRIME PREVENTION
SCHOLARSHIPS FROM THE POLICE FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
7. ORDINANCES - FIRST READING — PUBLIC HEARING:
Mr. Wolpin read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-144(C)(5)A.,
COMMUNITY BUSINESS (B2) DISTRICT TO ALLOW INCREASED LOT
COVERAGE FOR SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE
FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN
FIVE STORIES AND THAT ENTER INTO AN AGREEMENT WITH THE CITY TO
PROVIDE MAJOR TRANSPORTATION IMPROVEMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Wolpin noted that the staff report and any comments provided at the Local Planning
Agency for the item would be included by reference.
A motion to recommend adoption of the Ordinance on first reading was offered by
Commissioner Holzberg and seconded by Commissioner Shelley.
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
Page 2 of 7
Aventura City Commission Meeting Minutes
November 1, 2016
The motion to approve the Ordinance on first reading was unanimously passed, by roll
call vote.
Mr. Wolpin read the following ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF ARTICLE VII "USE
REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF
THE CITY CODE, BY AMENDING SECTION 31-144(1) "MEDICAL OFFICE (MO)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY
AMENDING SECTION 31-144(1)(1), "USES PERMITTED", BY AMENDING
SECTION 31-144(1)(2), "CONDITIONAL USE" AND BY AMENDING SECTION 31-
144(1)(3), "USES PROHIBITED"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wolpin noted that the staff report and any comments provided at the Local Planning
Agency for the item would be included by reference.
A motion to recommend adoption of the Ordinance on first reading was offered by
Commissioner Shelley and seconded by Vice Mayor Narotsky.
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion to approve the Ordinance on first reading passed (6-1), by roll call vote, with
Commissioner Landman voting no.
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 to recommend adoption of the Ordinance on first reading was offered by
Commissioner Shelley and seconded by Vice Mayor Narotsky.
Mr. Soroka explained the Ordinance.
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion to approve the Ordinance on first reading was unanimously passed, by roll
call vote.
Page 3 of 7
Aventura City Commission Meeting Minutes
November 1, 2016
8. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION
31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31-144(c)(2) AND SECTION 31-144(c)(5)b.,
COMMUNITY BUSINESS (B2) DISTRICT, TO ADD A CONDITIONAL USE FOR
AUTOMOBILE PARKING GARAGES IN THE COMMUNITY BUSINESS (B2)
DISTRICT WHEN LOCATED DIRECTLY ADJACENT TO AN AUTOMOBILE
PARKING GARAGE LOCATED IN A MULTIFAMILY RESIDENTIAL ZONING
DISTRICT AND TO CLARIFY THE HEIGHT RESTRICTION IN THE B2 DISTRICT
SITE DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion to recommend adoption of the Ordinance on second and final reading was
offered by Commissioner Holzberg and seconded by Commissioner Landman.
Mayor Weisman opened the public hearing.
The following provided comments: Stanley Price, Esq. (Bilzin Sumberg Baena Price &
' Axelrod LLP 1450 Brickell Avenue, Suite 2300, Miami).
There being no additional comments, Mayor Weisman closed the public hearing.
The motion to approve the Ordinance on second reading was unanimously passed, by
roll call vote, and Ordinance No. 2016-14 was adopted.
9. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Proceeding a
request by Mr. Soroka, a motion to consider item 9D out of order was offered by
Commissioner Dr. Marks, seconded by Vice Mayor Narotsky, and unanimously passed
by roll call vote.
Mr. Wolpin incorporated the quasi-judicial procedure provisions into the record. Mrs.
Horvath administered the oath to all those wishing to offer testimony on the items.
Mr. Wolpin read the following Resolution by title:
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO
SECTION 31-144(C)(2)n. OF THE CITY CODE TO ALLOW AN AUTOMOBILE
PARKING GARAGE ON A LOT LOCATED IN THE COMMUNITY BUSINESS (B2)
DISTRICT THAT IS DIRECTLY ADJACENT TO AN AUTOMOBILE PARKING
GARAGE IN A MULTIFAMILY RESIDENTIAL ZONING DISTRICT AND THAT
DOES NOT MEET THE HEIGHT AND DISTANCE REQUIREMENTS OF
SECTION 31-144(c)(5)b. OF THE CITY CODE, FOR AN OFFICE AND RETAIL
DEVELOPMENT AT 2777 NE 185 STREET, CITY OF AVENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
Page 4 of 7
Aventura City Commission Meeting Minutes
November 1, 2016
A motion to approve the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Holzberg.
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.
Stanley Price, Esq. (Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue,
Suite 2300, Miami) 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. 2016-68 was adopted.
It was the consensus of the Commission to consider item 9C out of order.
Mr. Wolpin read the following Resolution by title:
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW LOT
COVERAGE OF 55.55% WHERE MAXIMUM LOT COVERAGE OF 40% IS
PERMITTED BY CODE AND TO ALLOW FLOOR AREA RATIO OF 2.0 WHERE
MAXIMUM FLOOR AREA RATIO OF 1.50 IS PERMITTED BY CODE;
GRANTING VARIANCE APPROVAL TO ALLOW A LOT SIZE OF 1.36 ACRES
FOR DEVELOPMENT IN THE MEDICAL OFFICE (MO) DISTRICT WHERE A
MINIMUM LOT SIZE OF 1.5 ACRES IS REQUIRED BY CODE, ALL FOR AN
OFFICE/HOTEL BUILDING TO BE CONSTRUCTED PURSUANT TO THE CITY'S
GREEN BULDING PROGRAM, LOCATED AT 2851 NE 213 STREET, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Holzberg.
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.
Michael Marrero, Esq. (Bercow Radell & Fernandez, 200 S. Biscayne Blvd. Suite 850,
Miami) provided testimony on behalf of the Applicant
Mayor Weisman opened the public hearing.
The following provided comments, after being sworn in: Ellen Elias (21224 Harbor
Way).
There being no additional speakers, the public hearing was closed.
Page 5 of 7
Aventura City Commission Meeting Minutes
November 1, 2016
The motion to approve the Resolution was unanimously passed, by roll call vote, and
Resolution No. 2016-67 was adopted.
Mr. Wolpin read the following Resolution by title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A SIGN VARIANCE FOR THE BAGEL COVE
RESTAURANT ON PROPERTY LOCATED AT 19001 BISCAYNE BOULEVARD,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Holzberg 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 1 of the Resolution.
No testimony was provided 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 (6-0) by roll call vote,
with Commissioner Shelley absent, and Resolution No. 2016-65 was adopted.
Mr. Wolpin read the following Resolution by title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA MODIFYING THE APPROVALS GRANTED THROUGH RESOLUTION
NO. 99-39 AS MODIFIED BY RESOLUTION NO. 2001-01 AND RESOLUTION NO.
2002-30 BY DELETING CONDITION NUMBER "7" IN RESOLUTION NO. 99-39
REQUIRING CONSTRUCTION OF 20 PARKING SPACES IN THE FLORIDA
EAST COAST RAILWAY RIGHT OF WAY ON EAST DIXIE HIGHWAY, FOR
PROPERTY LOCATED AT 20601 EAST DIXIE HIGHWAY, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Holzberg and
seconded by Vice Mayor Narotsky.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record for the item, which recommended approval.
Mark Goldstein, Esq. (1380 N.E. Miami Gardens Drive #205, Miami) provided testimony
on behalf of the Applicant.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
Page 6 of 7
Aventura City Commission Meeting Minutes
November 1. 2016
The motion to approve the Resolution was unanimously passed (6-0) by roll call vote,
with Commissioner Shelley absent, and Resolution No. 2016-66 was adopted.
10. RESOLUTIONS — PUBLIC HEARING: None.
11. REPORTS:
Vice Mayor Narotsky reported on the upcoming Peace Park opening ceremony on
November 7th and the Veteran's Day ceremony on November 11th
Mayor Weisman reported on the attendance of over 3,000 people at the City's
Halloween Harvest event and the upcoming movie night on November 19th
Mr. Soroka reported on the City achieving the Silver Designation for Florida Green Local
Government, from the Florida Green Building Coalition, and recognized staff efforts and
the Commission's support.
Mayor Weisman announced the upcoming Commission Inauguration Ceremony, to be
held on November 10th at 7 p.m.
12. PUBLIC COMMENTS: The following provided comments: Gladys Mezrahi
(21150 Point Place), Ellen Elias (21224 Harbor Way), and Robert Burroughs.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Vice Mayor Narotsky, seconded by
Commissioner Holzberg, and unanimously approved; thus adjourning the meeting at
7:44 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on January 10, 2017.
Page 7 of 7
The Cityof CITY COMMISSION
Aventura Government Center
Aventura INAUGURATION MINUTES 19200 W.Country Club Drive
NOVEMBER 10, 2016 AT 7 P.M. Aventura, Florida 33180
The Inauguration Ceremony began at 7:00 p.m.
Those in attendance were: Mayor Enid Weisman, Vice Mayor Marc Narotsky,
Commissioner Denise Landman, Commissioner Robert Shelley, Commissioner-Elect
Howard Weinberg, Commissioner-Elect Linda Marks, Commissioner-Elect Gladys
Mezrahi, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David Wolpin.
Mrs. Horvath provided opening remarks.
The program was as follows:
1. Presentation of Colors: The Aventura Police Department Honor Guard presented
the colors.
2. National Anthem and Pledge of Allegiance: Members of the Aventura City of
Excellence School (ACES) Student Chorus led the Pledge of Allegiance and sang
the National Anthem.
3. Invocation: Reverend Will Keyser provided the Invocation.
4. Administering the Oaths of Office: Mrs. Horvath administered the Oaths of Office
and presented Election Certificates individually to Dr. Linda Marks (Commission
Seat 1), Howard Weinberg (Commission Seat 3), and Gladys Mezrahi (Commission
Seat 5).
5. Introduction of Aventura City Commission: The following members took their
seats on the dais: Mayor Enid Weisman, Vice Mayor Marc Narotsky, Commissioner
Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi,
Commissioner Robert Shelley, and Commissioner Howard Weinberg. Mr. Soroka
and Mr. Wolpin also took their seats on the dais.
4
6. Benediction: Rabbi Laivi Forta provided the Benediction.
4 The Inauguration Ceremony ended at 7:40 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on January 10, 2017.
a
The City of CITY COMMISSION
Ay WORKSHOP MEETING MINUTES Aventura Government center�l/
entura NOVEMBER 17, 2016 19200 W.Country Club Drive
Aventura, Florida 33180
9 9:00 A.M.
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 9:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor
Marc Narotsky, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Gladys Mezrahi, 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.
1. POLICE DRONE UPDATE (City Manager): Chief Steinberg and Captain
Labombarda provided an overview of the Department's drone (UAS) program.
City Manager Summary: No action - this item was provided for informational
purposes.
2. COMMUNITY SERVICES ADVISORY BOARD APPOINTMENTS (City
Manager): Mr. Soroka reviewed the list of six current Board Members, whose terms
expire in January 2017, as well as one vacant position.
City Manager Summary: It was the consensus of the City Commission to review
the attendance report of current members, ascertain if the current members are
interested in serving again, and to publicize applications to serve on the Board via the
City's web site and email blast. This item will be placed on a future workshop meeting
agenda for further discussion.
3. LEGISLATIVE PROGRAM AND PRIORITIES (City Manager): Mr. Soroka
reviewed the proposed list of legislation, for the City to endorse and support for 2017, as
well as seeking financial assistance for stormwater drainage improvements.
Mr. Wolpin reviewed items 11 and 12, to support legislation to amend Florida Statute
Sections 768.28 and 934.50. Commissioner Weinberg reviewed item 8 to amend Safe
Harbor provisions. Mayor Weisman suggested that item 10 be amended to add
reviewing alternatives to improve traffic flow at the Miami Gardens Drive and Biscayne
Boulevard intersection.
Mayor Weisman suggested that members of the Commission meet with the
Congressional leadership available in Miami-Dade County. Commissioner Landman
offered to assist with contacts at the FDOT.
City Manager Summary: It was the consensus of the City Commission for a
resolution to be placed on the January Commission Meeting Agenda adopting the 2017
Legislative Program and Priorities as presented, with the addition of the Miami Gardens
Drive intersection to item 10.1
Vice Mayor Narotsky did not participate in item 8 of the Legislative Program.
Aventura City Commission
Workshop Meeting Minutes—November 17, 2016
4. CITY CLERK REVIEW (Mayor): Mayor Weisman provided her recommendation
to the Commission for the City Clerk's performance review.
City Manager Summary: It was the consensus of the Commission to provide
Mrs. Horvath with a 5% bonus, in addition to the COLA increase that was given to all
other employees.
5. SITE PLANS — AVENTURA HOSPITAL & MEDICAL CENTER SOUTH TOWER
EXPANSION AND PARKING GARAGE: Community Development Director Joanne
Carr reviewed the plans, which included the addition of a parking garage and south
tower to house 60 beds.
City Manager Summary: No action - this item was provided for informational
purposes.
The following additional items were discussed:
It was the consensus of the Commission to change the February Commission meeting
to February 9t", per Commissioner Weinberg's request.
Mr. Soroka will coordinate dates with Mr. Wolpin for upcoming Attorney/Client Sessions
regarding the following pending cases related to the Prive Development and
WIPOA/South Island residents/Clarkes:
1. "Vested Rights Case" — Miami-Dade County Circuit Court Case No. 13-15004 CA 09:
WILLIAMS ISLAND PROPERTY OWNERS' ASSOCIATION, INC. v. CITY OF
AVENTURA, a Municipal Corporation, GARY COHEN. as Successor Trustee of Trust
No. 75-LT-21, and THE VILLAGE AT ISLAND ESTATES, LLC, a Florida Limited Liability
Company.
2. "Sidewalk/Trespass Case" — Miami-Dade County Circuit Court Case No. 14-21513 CA
09: DAVID L. CLARKE and DARA H. CLARKE; DAN E. KLEIMAN and SHEILA
KLEIMAN; ALAN REYF; KATHY FOX HAIME; ERIC FEDER and ELIZABETH FEDER;
DANIEL SAWICKI and ELIZABETH SAWICKI; RUBIN SALANT REVOCABLE TRUST
under Agreement dated October 20, 2009 and TRUST SEVEN HUNDRED THIRTY, and
ISLAND ESTATES HOMEOWNERS ASSOCIATION, INC. v. TWO ISLANDS
DEVELOPMENT CORP.. NI HOLDINGS, LLC, LAST LOT CORP., and CITY OF
4 AVENTURA, a Municipal Corporation, and PRIVE DEVELOPERS, LLC and TRUST 75
LT 21.
3. "Dara Clarke Arrest Case" — Miami-Dade County Circuit Court Case No. 2016-029112-
CA 09, : DARA CLARKE v. CHARLES PHELAN, individually, GARY COHEN,
individually and as Successor Trustee of Trust No. 75-LT-21, PRIVE DEVELOPERS,
LLC, a Florida Limited Liability Corp., TWO ISLANDS DEVELOPMENT CORP., a
Florida Corporation, BH3 REALTY, LLC, a Florida Limited Liability Corp., NI HOLDINGS,
LLC, a Florida Limited Liability Corp., LAST LOT CORP., NOMUR HOLDINGS, LLC, a
Limited Liability Corp., DANIEL LEBENSOHN, individually, a Florida Corporation, THE
4
Page 2 of 3
Aventura City Commission
Workshop Meeting Minutes—November 17, 2016
CITY OF AVENTURA, a Florida Municipality, TERRY SCOTT, individually, JOSEPH
CRAIG, individually.
6. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Weinberg, seconded by
Commissioner Landman, and unanimously approved; thus adjourning the meeting at
10:18 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on January 10, 2017.
I
I
I
Page 3 of 3
'Th
e City of CITY COMMISSION
/� REGULAR MEETING MINUTES Aventura Government Center
Aventura
NOVEMBER 17, 2016 19200 W Country Club Drive
,� L�/ J1 Aventura, Florida 33180
10:00 A.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 10:19 a.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Mark Narotsky, Commissioner Denise Landman, Commissioner
Dr. Linda Marks, Commissioner Gladys Mezrahi, 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. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Commissioner Shelley requested that both items A and B be removed from the Consent
Agenda. There being no additional items for consideration on the Consent Agenda, the
meeting continued as follows:
Item A: 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 THE ATTACHED
TRIPARTITE TRANSPORTATION CONTRIBUTION AGREEMENT BETWEEN THE
CITY OF AVENTURA, AVENTURA MALL VENTURE, TB CARPENTER PARCEL,
LLC, AND SERITAGE SRC FINANCE, LLC; AUTHORIZING THE CITY MANAGER
TO TAKE ALL NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Landman and
seconded by Commissioner Shelley.
Mr. Soroka explained the Agreement. Mr. Wolpin clarified that the City would receive
input from the parties involved in the contract, but that the City would benefit from the
transportation item.
Mayor Weisman opened the item to public comment.
The following provided comments: John Shubin, Esq. (Shubin & Bass, P.A., 46 S.W. 1
Street, Third Floor, Miami) and Michael Marrero, Esq. (Bercow Radell & Fernandez 200
S. Biscayne Blvd. Suite 850, Miami).
There being no additional comments, Mayor Weisman closed the item.
The motion for approval of the Resolution passed unanimously (7-0) by roll call vote,
and Resolution No. 2016-69 was adopted.
Item B: Mr. Wolpin read the following Motion by title:
Aventura City Commission Meeting Minutes
November 17, 2016
A MOTION TO GRANT THE REQUEST OF GULFSTREAM PARK RACING
ASSOCIATION, INC. FOR EXTENSION OF THE APPROVALS GRANTED THROUGH
RESOLUTION NO. 2006-62 FOR PROPERTY LOCATED ON THE NORTH SIDE OF
NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE,CITY OF
AVENTURA, FOR A PERIOD OF 60 DAYS AS RECOMMENDED BY THE CITY
MANAGER.
A motion for approval was offered by Commissioner Shelley and seconded by Vice
Mayor Narotsky.
Mayor Weisman opened the item to public comment. There being no comments, Mayor
Weisman closed the item.
The motion for approval passed unanimously (7-0) by roll call vote.
3. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following Ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION
31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 31-144(C)(5)A., COMMUNITY BUSINESS
(B2) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING
CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE
AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT ENTER
INTO AN AGREEMENT WITH THE CITY TO PROVIDE MAJOR
TRANSPORTATION IMPROVEMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval of the Ordinance was offered by Commissioner Landman and
seconded by Commissioner Shelley.
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion for approval of the Ordinance on second reading passed unanimously (7-0)
by roll call vote, and Ordinance No. 2016-15 was adopted.
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Vice Mayor Narotsky, seconded by
Commissioner Landman, and unanimously approved; thus adjourning the meeting at
10:30 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on January 10, 2017.
Page 2 of 2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, ' :nager
I
DATE: December 7, 2016
SUBJECT: Disbursement of Police Forfeiture Funds
January 10, 2017 City Commission Meeting Agenda Item 56
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $35,000 for tactical training classes
from the Police Forfeiture Funds in accordance with the City Manager's
Memorandum.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1960-16
CITY OF AVENTURA
POLICE DEPARTMENT
TER-OFFICE MEMORANDUM
TO: Eric M. S(oka
City -nyder
FROM: even Steinberg
Chief of Police
DATE: 12/07/16
SUBJECT: Use of LETF funds
Florida Statutes and Federal Law require that forfeiture funds be maintained in a special
law enforcement trust fund, and that the funds be expended only upon request of the
Chief of Police to the governing body of the municipality and approval of the governing
body.
I am requesting City Commission approval for the expenditure of:
Tactical training for officers $35,000
TOTAL EXPENDITURE REQUEST: $35,000
I certify that this requested expenditure complies with the below:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the Police
Department.
3. Funds were not considered in the adoption and approval of the budget of the
Police Department.
Item Description:
Tactical training for officers — I am requesting to use up to $35,000 of Federal LETF
funds for tactical training for our sworn officers. The training will take place via 4 separate
classes during the FY 2016 — 2017. The company conducting the training is designing
training classes' specific for our needs. The name of the company is Tricon (also known
as Trident Concepts).
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit .nas er
DATE: December 16, 2016
SUBJECT: Resolution Authorizing Exec• tion of Agreement With the State
Attorney for Prosecution of Ave . Code Violators
January 10, 2017 City Commission Meeting Agenda Item J e-
RECOMMENDATION
It is recommended that the City Commission authorize the execution of an Agreement
with the State Attorney's Office for the prosecution of Aventura Code Violations. This is
a renewal of the Agreement approved in 2016.
BACKGROUND
The State Legislature amended Section 27.01 Florida Statutes to provide that the State
Attorney shall appear in the courts to prosecute violations of municipal ordinances if the
prosecution is ancillary to a state prosecution or if the State Attorney has contracted
with the municipality for reimbursement for services rendered. The legislators passed
similar laws requiring municipalities to pay for the representation of criminal defendants
by the public defender's office.
As a result, those cases that a City requests the State Attorney's Office to prosecute will
be subject to a charge of $50.00 per hour each to the State Attorney and Public
Defender.
Attached hereto is the subject Agreement which provides the option to the City to utilize
the State Attorney's Office.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01958-16
RESOLUTION NO. 2017-
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 FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto 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.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 10th day of January, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
AGREEMENT BETWEEN 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
CODE
This agreement is entered into this day of , 2016, by and
between City of Aventura, a political subdivision of the State of Florida (hereinafter referred to
as the "City") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida
(hereinafter referred to as"State Attorney").
WHEREAS, the City fmds that in order to maintain and improve the health, safety, and
welfare of this community, it is necessary to adequately enforce and prosecute violations of the
City's Municipal Code; and
WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute
municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if
not ancillary to state prosecution, when the State Attorney contracts with the City for
reimbursement.
NOW,THEREFORE,the parties hereto agree as follows:
ARTICLE I
Services
The State Attorney agrees to prosecute municipal ordinance violations as authorized in
Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms
outlined in Article III of this agreement,to the State Attorney the required funds to reimburse for
costs associated with the prosecution of violations of the Municipal Code for the period of
October 1, 2016 through September 30, 2017. The State Attorney shall provide such clerical and
professional personnel as may be required for the performance of any of the functions of the
State Attorney as set forth in this agreement. This agreement does not commit the City to pay for
the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution
of municipal ordinance violations not punishable by incarceration. This agreement specifically
does not authorize the State to handle appeals of municipal ordinances on constitutional grounds,
which shall remain the responsibility of the municipality that passed the ordinance.
ARTICLE II
Terms
This agreement shall expire on September 30, 2017, unless terminated earlier pursuant to
Article VII of this agreement. Under no circumstances shall the City be liable to continue or
extend this agreement beyond this date. This agreement may only be amended in writing,
through a document executed by duly authorized representatives of the signatories to this
agreement.
ARTICLE III
Payment Schedule
The City agrees to reimburse the State Attorney on an hourly basis for services rendered
at a rate of Fifty dollars($50)per hour. On a quarterly basis,the State Attorney shall provide the
City with an invoice including, but not limited to, the hours of services rendered, number of
cases prosecuted as set forth in this agreement, and the total amount due for payment for the
previous month. The City shall remit each payment within ten (10) days after receiving said
invoice from the State Attorney.
ARTICLE IV
Responsibilities
The City does not delegate any of its responsibilities or powers to the State Attorney
other than those enumerated in this agreement. The State Attorney does not delegate any of its
responsibilities or powers to the City other than those enumerated in this agreement.
ARTICLE V
Reporting
All required reports shall be submitted to the
ARTICLE VI
Indemnification
It is expressly understood and intended that the State Attorney is only a recipient of the
reimbursements paid by the City and is not an agent of the City. The respective parties agree,
subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other
harmless from any claims arising from this agreement.
ARTICLE VII
Termination
Either party may terminate this agreement at any time with or without cause by
furnishing written notice to the other party with no less than ninety(90)days notice.
ARTICLE VIII
Service Charges
This agreement is contingent upon all City funding provided, and any interest earned
thereon,not being subject to any State service charges or administrative assessments.
ARTICLE IX
Non-Discrimination
The State Attorney agrees to abide and be governed by Title II of the Americans with
Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title
Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be
discrimination of race, color, sex, religious background, ancestry, or national origin in
performance of this contract, in regard to persons served, or in regard to employees or applicants
for employment and it is expressly understood that upon receipt of evidence of discrimination,
the City shall have the right to terminate said agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST:
NAME City Commission
By: By:
POSITION
ATTEST State Attorney's Office
Eleventh Judicial Circuit
By: By:
Don L. Horn
Chief Assistant State Attorney
for Administration
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: December 23, 2016
SUBJECT: November 8, 2016 Municipal Candidate Election Results
January 10, 2017 City Commission Meeting Agenda Item 517
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution concerning
the results of the Municipal Candidate Election held on November 8, 2016.
BACKGROUND
Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of
election results to the City Commission for adoption by resolution at the next meeting
following the election. Since the County Canvassing Board had not certified the results
prior to the November Commission meeting, they are submitted at this time. The
attached resolution submitted for your approval declares that Dr. Linda Marks, Howard
Weinberg, and Gladys Mezrahi were elected to Seats 1, 3, and 5 respectively.
Should you have any questions, please contact me.
/elh
attachment
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ACCEPTING AND
ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 8, 2016 MUNICIPAL CANDIDATE ELECTION
FOR COMMISSION SEAT 5, AS CERTIFIED BY THE
CANVASSING BOARD AND ATTACHED HERETO; AND
DECLARING THE QUALIFYING UNOPPOSED
CANDIDATES ELECTED TO COMMISSION SEAT 1 AND
COMMISSION SEAT 3 WITHOUT NECESSITY FOR
FURTHER CONDUCT OF ELECTION PROCESS FOR
THOSE SEATS, AS CERTIFIED BY THE CITY CLERK;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura 2016 Municipal Candidate Election was
scheduled for November 8, 2016 for the offices of Commission Seat 1 , Commission
Seat 3, and Commission Seat 5; and
WHEREAS, on November 8, 2016 a Municipal Candidate Election was held for
the office of Commission Seat 5; and
WHEREAS, the Canvassing Board has canvassed and certified the election
results for the office of Commission Seat 5 and this Commission wishes to adopt the
election results as certified by the Canvassing Board; and
WHEREAS, since only one candidate qualified to run for the office of
Commission Seat 1 and only one candidate qualified to run for the office of
Commission Seat 3, those candidates are unopposed and are deemed to be elected by
operation of law without further conduct of election process; and
WHEREAS, Section 26-1 of the Aventura City Code provides that the City Clerk
shall present a certification of election results to the City Commission at the first
meeting of the City Commission following the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
City of Aventura Resolution No. 2017-
Section 1. The results of the November 8, 2016 Municipal Candidate Election,
as certified by the Canvassing Board and attached hereto, indicate that the following
candidate was elected to the seat as indicated:
Commission Seat 5 Gladys Mezrahi
Section 2. The following candidates, being unopposed as the sole qualifying
candidate for the office of Commission Seat 1 and the sole qualifying candidate for the
office of Commission Seat 3 as indicated below, are hereby declared to be elected to
such office:
Commission Seat 1 Dr. Linda Marks
Commission Seat 3 Howard Weinberg
Section 3. The results of the election process, as certified by the City Clerk,
are hereby adopted.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
Page 2 of 3
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 10th day of January, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
***Official***
CERTIFICATE OF COUNTY CANVASSING BOARD
MIAMI-DADE COUNTY
We, the undersigned, County Judge ANDREW S. HAGUE, Chairperson, County Judge
SHELLEY J. KRAVITZ, Member and Supervisor of Elections CHRISTINA WHITE, Member,
constituting the Miami-Dade County Canvassing Board and for said County, do hereby certify
that we met on the 18th day of November, 2016 A.D., and proceeded publicly to canvass the
votes for the Aventura General and Special Elections held on the Eighth day of November,
2016 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do
hereby certify from said returns as follows:
For City Commissioner—Seat 5, the whole number of votes cast was 11,267 of which number
Joshua Mandall received 4,931 Votes
Gladys Mezrahi received 6,336 Votes
Revised Time for Scheduling Charter Amendment Elections on Charter Amendments
Proposed by Charter Revision Commission
The City Charter currently requires the City to hold charter amendment elections within 60 to
150 days after receipt of charter amendment recommendations from the City's charter revision
commission. It is proposed that the Charter be amended to enable charter amendments to be
presented to the voters of the City at the next upcoming general election in the City or a special
election sooner called by the City Commission.
Shall the Charter amendment be adopted?
YES 9,065 Votes
/Aor NO 2,524 Votes
is
dir
County Judge • NDRE G
Chairperson
County Judge SHELLEY J. KRAVITZ
Member rry/0"
Survisor of El- ions CHRISTINA WHITE
Member
Aventura General and Special Flections Pagelofl
November 8 , 2016
49
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CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: December 23, 2016
SUBJECT: November 8, 2016 Municipal Special Election Results
January 10, 2017 City Commission Meeting Agenda Item �S
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution concerning
the results of the Municipal Special Election held on November 8, 2016.
BACKGROUND
Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of
election results to the City Commission for adoption by resolution at the next meeting
following the election. Since the County Canvassing Board had not certified the results
prior to the November Commission meeting, they are submitted at this time. The
attached resolution submitted for your approval declares that the following proposed
amendment to the City Charter was approved by the electors: Revised Time for
Scheduling Charter Amendment Elections on Charter Amendments Proposed by
Charter Revision Commission.
Should you have any questions, please contact me.
/elh
attachment
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE NOVEMBER 8, 2016 MUNICIPAL SPECIAL
ELECTION HELD IN CONJUNCTION WITH THE GENERAL ELECTION
BEING HELD ON THE SAME DATE, AS CERTIFIED BY THE
CANVASSING BOARD AND ATTACHED HERETO; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on November 8, 2016, a Municipal Special Election was held in
conjunction with the General Election being held on the same date in the City of
Aventura, pursuant to Ordinance No. 2016-07 which proposed an amendment to the
City Charter pursuant to the recommendation of the Aventura City Commission; and
WHEREAS, Section 26-1 of the Aventura City Code provides that the City Clerk
shall present a certification of election results to the City Commission at the first
meeting of the City Commission following the election; and
WHEREAS, the Canvassing Board has canvassed and certified the election
results and the City Commission of the City of Aventura wishes to adopt the election
results as certified by the Canvassing Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The results of the November 8, 2016 Municipal Special Election, as
certified by the Canvassing Board and attached hereto, indicate the following:
Question: Revised Time for Scheduling Charter Amendment Elections on
Charter Amendments Proposed by Charter Revision Commission. The proposed
Charter amendment was approved by the electors.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2017-_
PASSED AND ADOPTED this 10th day of January, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
***Official***
CERTIFICATE OF COUNTY CANVASSING BOARD
MIAMI-DADE COUNTY
We, the undersigned, County Judge ANDREW S. HAGUE, Chairperson, County Judge
SHELLEY J. KRAVITZ, Member and Supervisor of Elections CHRISTINA WHITE, Member,
constituting the Miami-Dade County Canvassing Board and for said County, do hereby certify
that we met on the 18th day of November, 2016 A.D., and proceeded publicly to canvass the
votes for the Aventura General and Special Elections held on the Eighth day of November,
2016 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do
hereby certify from said returns as follows:
For City Commissioner—Seat 5, the whole number of votes cast was 11,267 of which number
Joshua Mandall received 4,931 Votes
Gladys Mezrahi received 6,336 Votes
Revised Time for Scheduling Charter Amendment Elections on Charter Amendments
Proposed by Charter Revision Commission
The City Charter currently requires the City to hold charter amendment elections within 60 to
150 days after receipt of charter amendment recommendations from the City's charter revision
commission. It is proposed that the Charter be amended to enable charter amendments to be
presented to the voters of the City at the next upcoming general election in the City or a special
election sooner called by the City Commission.
Shall the Charter amendment be adopted?
YES 9,065 Votes
NO 2,524 Votes
is "
County Judge NDRE G
Chairperson
County Judge SHELLEY J. KRAVITZ
Member
L /
Supervisor of El- ions CHRISTINA WHITE
Member
Aventura General and Special Elections Pagelofl
November 8 , 2016
OP
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ORDINANCE NO. 2016-07
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF A PROPOSED AMENDMENT TO CITY
CHARTER SECTION 7.06 "CHARTER REVISION",
REVISING CHARTER AMENDMENT ELECTION TIMING
PROCEDURES APPLICABLE TO THE PERIODIC
CHARTER REVIEW PROCESS; PROVIDING REQUISITE
BALLOT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; CALLING A SPECIAL ELECTION ON
THE PROPOSED AMENDMENT TO THE CITY CHARTER
TO BE HELD ON TUESDAY, THE 8TH DAY OF
NOVEMBER 2016, IN CONJUNCTION WITH THE
GENERAL ELECTION BEING HELD ON SAID DATE;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
ELECTION PROCEDURE; PROVIDING FOR INCLUSION
IN THE CHARTER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 6.02(a)(i) of the City Charter, the City Commission has
determined that an amendment (the "Charter Amendment") is needed to Section 7.06 "Charter
Revision"of the City Charter, in order to adjust the timing of charter amendment elections which
follow the periodic review of the City Charter by the Charter Revision Commission every 5
years;and
WHEREAS, pursuant to Section 6.02 (a)(i) of the City Charter and Section 6.03 of the
Miami-Dade County Charter, the City Commission is required to submit this proposed Charter
Amendment to the electors of the City for approval or rejection.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA,FLORIDA,AS FOLLOWS:
Section 1. Recitals Adopted. That the above-stated recitals are hereby adopted and
confirmed. 1
Section 2. Charter Amendment. That pursuant to Section 6.02(a)(i)of the City Charter
and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura,
City of Aventura Ordinance No. 2016-07
Florida, is hereby amended by amending City Charter Section 7.06 "Charter revision", to read as
follows:'
• Section 7.06.-Charter revision.
At its first regular meeting in November of every fifth year after the adoption of this
Charter,commencing with December,2000,the Commission shall appoint a Charter revision
commission consisting of five persons,one of whom shall have served as a member of the
previous Charter commission and four of whom shall be electors of the City. If a former
Charter commission member is not available to serve, five electors of the City,rather than
four,shall be appointed.The City Commissioners shall not be eligible for appointment to the
revision commission.The revision commission shall commence its proceedings within 15
days after appointment by the Commission. If the revision commission determines that a
revision is needed,including but not limited to a change in the boundaries or numbers of
Residential Areas,it shall draft such amendments to this Charter as it deems appropriate and
submit the same to the Commission not later than January 1 of the following year after their
appointment by the Commission.After receipt of the submission of the proposed amendments
from the revision commission,The the Commission shall,
! .. . - . ... _. ..• _ . • - •• • •• •,submit them to
the electors of the City at the next general election in the City or at a special election, if any,
which is sooner called by the Commission for such purpose,in accordance with the
provisions of Section 6.02,except that the provisions of subsections(a)and(b)of such
Section shall not apply.
Section 3. Election Called. That a special election is hereby called, to be held on
Tuesday, the 8th day of November, 2016, in conjunction with the general election being held on
said date, to present to the qualified electors of the City of Aventura (the "City"), the ballot
question which is provided in Section 4 of this Ordinance.
Section 4. Form of Ballot. That the form of ballot for the Charter Amendment provided
for in Section 2 of this Ordinance shall be substantially as follows:
CITY OF AVENTURA CHARTER AMENDMENT
REVISED TIME FOR SCHEDULING CHARTER AMENDMENT
ELECTIONS ON CHARTER AMENDMENTS PROPOSED BY
CHARTER REVISION COMMISSION
The City Charter currently requires the City to hold charter amendment
elections within 60 to 150 days after receipt of charter amendment
1 / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by str-ikethreugh.
Page 2 of 7
City of Aventura Ordinance No. 2016-07
recommendations from the City's charter revision commission. It is
proposed that the Charter be amended to enable charter amendments to be
presented to the voters of the City at the next upcoming general election in
the City or a special election sooner called by the City Commission.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
Section 5. Vote at Polls. That balloting shall be conducted between the hours of 7:00
A.M. and 7:00 P.M. on the date of the special election, and early and absentee balloting shall
also be permitted as provided in conjunction with the general election. Polling places shall be
those polling places provided for the general election for the electors of the City, pursuant to
applicable laws. All qualified City electors who are timely registered in accordance with law
shall be entitled to vote. The City Clerk is authorized to obtain any necessary election
administration services from the Miami-Dade County Supervisor of Elections. The County
registration books shall remain open at the Office of the Miami-Dade County Supervisor of
Elections until twenty-nine (29) days prior to the date of such election, at which time the
registration books will close in accordance with the provisions of the general election laws. The
City Clerk and the Miami-Dade County Supervisor of Elections are hereby authorized to take all
appropriate action necessary to carry into effect and accomplish the electoral provisions of this
Ordinance. This special election shall be canvassed by the County Canvassing Board, unless
otherwise provided by law.
Section 6. Notice of Special Election. That notice of said special election shall be
published in accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation
within the City at least 30 days prior to said election, the first publication to be in the fifth week
prior to the election (to-wit: during the week commencing Sunday, October 2, 2016), and the
Page 3 of 7
City of Aventura Ordinance No. 2016-07
second publication to be in the third week prior to the election (to-wit: during the week
commencing Sunday, October 16, 2016), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
ORDINANCE NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY, IN
CONJUNCTION WITH THE GENERAL ELECTION, ON
TUESDAY, THE 8TH DAY OF NOVEMBER 2016, BETWEEN
THE HOURS OF 7 A.M AND 7 P.M., AT WHICH TIME THE
FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL
BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
CITY.
CITY OF AVENTURA CHARTER AMENDMENT
REVISED TIME FOR SCHEDULING CHARTER AMENDMENT
ELECTIONS ON CHARTER AMENDMENTS PROPOSED BY
CHARTER REVISION COMMISSION
The City Charter currently requires the City to hold charter amendment
elections within 60 to 150 days after receipt of charter amendment
recommendations from the City's charter revision commission. It is
proposed that the Charter be amended to enable charter amendments to be
presented to the voters of the City at the next upcoming general election in
the City or a special election sooner called by the City Commission.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
Polling place information, the enabling Ordinance, including the full text of the
proposed City Charter Amendment and the ballot question, are available at the
office of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180.
City Clerk"
Page 4 of 7
City of Aventura Ordinance No. 2016-07
Section 7. Copies. That copies of this Ordinance proposing the Charter Amendment is
on file at the office of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180,and is available for public inspection during regular business hours.
Section 8. Effectiveness. That the Charter Amendment provided for in Section 2 of this
Ordinance shall become effective if the majority of the qualified electors voting on the Charter
Amendment vote for its adoption, and it shall be considered adopted and effective upon
certification of the election results. Following adoption of the Charter Amendment, the City
Clerk shall file the adopted Charter Amendment with the Clerk of the Circuit Court of Miami-
Dade County, Florida.
Section 9. Inclusion In The Charter. That subject to the requirements of Section 8
above, it is the intention of the City Commission and it is hereby provided that the Charter
Amendment shall become and be made a part of the Charter of the City of Aventura; and that the
Sections of this Ordinance may be renumbered or relettered to accomplish such intention.
Section 10. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 11. Effective Date of Ordinance. That following adoption of this Ordinance at
second reading,this Ordinance shall be effective immediately from and after July 15, 2016, so as
to comply with the 120 day time constraint of Section 6.03 of the Miami-Dade County Charter.
Page 5 of 7
City of Aventura Ordinance No. 2016-07
The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption
on first reading. The motion was seconded by Commissioner Cohen, and upon being put to a vote,
the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Vice Mayor Landman,who moved its adoption on
second reading. The motion was seconded by Commissioner Narotsky, and upon being put to a
vote,the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED on First Reading this 5th day of April, 2016.
PASSED AND ADOPTED on Second and Final Reading this 3rd day of May,2016.
Page 6 of 7
City of Aventura Ordinance No.2016-07
vENID WEISKIAN, MAYOR
Attest:
ELLISA L. HORVA0 C
CITY CLERK
Approved as to Form and Legal Sufficiency:
r14)1\.
s\- /)
CITY ATTORNEY
Page 7 of 7
1
CITY OF AVENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci ana'er
BY: Joseph S Kroll, Public Work-4 .nspo •tion Director
DATE: November 29, 2016
SUBJECT: Adjustment of Public Works Permit Fees for Inspections
January 10, 2017 City Commission Meeting Agenda Item 5F
Recommendation:
It is recommended that the City Commission adopt the attached Resolution revising the
Public Works inspection permit fee, from $75.00 per hour to $90.00 per hour for normal
working hours and from $112.50 per hour to $135.00 per hour for after normal working
hours. All other fees remain the same.
Background:
This increase is necessary to cover costs for inspections for Public Works permits by
our consulting engineers, our fees need to be adjusted as recommended; they are
deemed to be fair and warranted and are in line with industry standards.
JSK/gf
Attachments:
Exhibit "A" Public Works Permit
JSK16002
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING
RESOLUTION NO. 2011-14 WHICH PROVIDED A FEE
SCHEDULE FOR ENGINEERING AND PUBLIC WORKS
INSPECTION PERMITS AND REVIEW; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-25, the City Commission is authorized to
provide a fee schedule for engineering and public works inspection permits and review
services provided by the City; and
WHEREAS, the City Commission adopted Resolution No. 2011-14 which
established a fee schedule for engineering and public works inspection permits and
review; and
WHEREAS, the City Commission has deemed it necessary to amend the
engineering and public works inspection permit and review fee schedule;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The fee schedule for engineering and public works inspection
permits and review services adopted by Resolution No. 2011-14 is hereby amended as
set forth on Exhibit "A" attached hereto and incorporated herein.
City of Aventura Resolution No. 2017-
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
PASSED AND ADOPTED this 10th day of January, 2017.
I'age 2 of 3
City of Aventura Resolution No. 2017-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
City of Aventura Resolution No. 2017-_
Public Works Permit Fees Exhibit"A"
City of Aventura Public Works Permit Fees - Exhibit "A"
A. Permit Fees:
1. For installation or repair of sanitary and storm sewers,
Water lines, gas lines, buried electric, telephone CATV
or other underground utilities:
For 100 linear feet or less $ 175.00
For each additional 100 linear feet or fraction thereof $ 55.00
2. For exfiltration drains consisting of catch basin,
exfiltration trench, or slab covered trench:
For each 100 linear feet or fraction thereof $ 145.00
3. For installation of poles or down guys for overhead
utilities:
For each pole or down guy $ 100.00
4. For construction or replacement of sidewalks, curbs
and gutters:
For 100 linear feet or less $ 160.00
For additional 100 linear feet or fraction thereof $ 75.00
5. For construction or asphalt or concrete driveways,
Including private property:
For driveway width of 20 feet or less (each driveway) $ 100.00
For driveway width of 20 feet, but not greater than 40 feet,
(each driveway) $ 115.00
For driveway width greater than 40 feet (each) $ 170.00
For construction of stamped concrete driveways (each) $ 100.00
For construction of brick paver driveway each $ 130.00
6. For construction of street pavements, including
paving of parkways and shoulders:
For one lane or two lanes of pavements for 100 linear feet
or less $ 400.00
For each additional 100 linear feet or fraction thereof $ 100.00
Page 1 of 4
City of Aventura Resolution No. 20 17-
Public Works Permit Fees Exhibit-A-
For three or more lanes of pavements for 100 linear feet or
less $ 340.00
For three or more lanes of pavements, each additional
100 linear feet or fraction thereof $ 115.00
7. For the installation of embankment and/or sub grade
material, excluding base rock and asphalt:
For 100 linear feet or less $ 115.00
For each additional 100 linear feet or fraction thereof $ 30.00
8. For construction of curb separators:
For each 100 linear feet or less $ 55.00
For each additional 100 linear feet or fraction thereof $ 15.00
9. For erection of street name signs, traffic or directional
Signs:
For each sign $ 15.00
10. For construction of bridges:
For bridge roadway area of 1000 feet or less $1,140.00
For each additional 100 square feet or fraction thereof $ 230.00
11. For the installation of permanent type traffic
barricades guardrails or guide posts:
For each 100 linear fee or fraction thereof $ 85.00
12. For the construction of street or driveway culvert:
For each 100 linear feet or fraction thereof $ 115.00
13. Installation of culvert pipe to enclose existing
drainage ditch or canal:
For each 100 linear feet or fraction thereof $ 170.00
14. Installation of new traffic signals:
For each intersection $1,710.00
Page 2 of 4
City of Aventura Resolution No. 2017-
Public Works Permit Fees Exhibit"A"
15. For upgrade or modification of existing traffic signals:
For each intersection $1,400.00
16. For resurfacing, water proofing or seal coating:
For each 1000 square feet of fraction thereof $ 25.00
17. For installation of bus shelters:
For each shelter $ 115.00
B. Penalty Fees:
When work for which a permit is required is commenced $ 115.00
prior to obtaining a permit, a penalty fee will be imposed (plus double the
as follows: original permit)
C. Extension of Permit:
A permit fee may be extended for a period of up to, but not
more than one year from the expiration date of the original
permit provided the Community Services Department is
notified prior to the expiration of the permit. If the permit is
allowed to expire without requesting an extension, a new
permit will be required, including appropriate fees, for the
remainder of the uncompleted work.
D. Special Projects:
A fee equal to actual staff time and related costs shall be $7-5-00 $90.00
assessed for special projects requiring research by the per hour normal
department in order to answer questions proposed by hours
property owners, condominium associations, developers,
attorneys, realtors, etc., in connection with the use, re- $1-1--2.00 $135.00
subdivision and development of properties, including per hour after
rights-of-way and easements or to determine if any working hours
existing violations are on the property through a review of
departmental records. Such special fee only will be levied
for requests outside the scope of normal department work.
A minimum fee of one hundred dollars ($100) shall be
charged.
Page 3 of 4
City of Aventura Resolution No. 2017-
Public Works Permit Fees Exhibit"A"
E. Engineering Review Fees:
1. Engineering Site Plan Review:
Schematic engineering plan review $ 500.00
2. Utilities, paving, grading and drainage plan review:
Project up to $300,000 $ 800.00
Project value over $300,000 for each $1,000 over $300,000 $ 2.50
Page 4 of 4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit ana er
DATE: November 30, 2016
SUBJECT: Resolution Approving Legis tive Programs and Priorities for 2017
January 10, 2017 City Commission Meeting Agenda Item 5'&
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving the Legislative Programs and Priorities for 2017. This item was reviewed at
the November Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01959-16
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2017 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2017 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 10th day of January, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
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2017
Mayor Enid Weisman
Commissioner
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
City Manager Eric M. Soroka
City Clerk Ellisa Horvath
City Attorney Weiss Serota Helfman Cole & Bierman, P.L.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2017
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Increase educational funding levels for Miami-Dade County public schools in
order to meet per pupil State Constitutional requirements.
3. Amend State law allowing a more economical method of advertising for a public
hearing relating to Comprehensive Plan adoption and/ or amendments.
4. Adopt the 2017 Policy Statement of the Florida League of Cities.
5. Enact a law enabling cities to prohibit smoking at city sponsored events or
activities and/ or at city parks and facilities. Smoking is defined as "any nicotine
delivery device including but not limited to smoking, chewing and vaping".
6. On a state-wide level, ban the use of handheld phones by persons operating
motor vehicles, but allowing hands free phone devices.
7. Preserve municipal authority for red light camera safety programs.
8. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and
720.3085(2)(c) HOAs) to increase the liability of qualified lending institutions to
the lesser of twenty four months of past due assessments or two percent of the
original mortgage in the event of a foreclosure plus recovery of reasonable
attorney fees.
9. Support initiatives to address the impact of rising seas on the South Florida area.
10. Fund the design and construction of the proposed westbound Improvements to
the intersection of NE 203 Street/Biscayne Boulevard. Review alternatives to
improve traffic flow at Miami Gardens Drive and Biscayne Boulevard Intersection.
11. Support legislation to amend Section 768.28, Florida Statutes, to expressly state
that sovereign immunity constitutes immunity from suit (not just immunity from
liability) to the extent not waived by applicable law.
12. Support legislation to amend Section 934.50, Florida Statutes, to expressly
enable a law enforcement agency to use a Drone to assist in the patrol and
surveillance of the parking, building exterior, and road and transit areas of
shopping malls of greater than One Million Square feet of gross leasable space
at the request of the owner of such premises
The City of Aventura will seek state financial assistance for the following
projects:
1. Funding for Stormwater drainage improvements
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commis
FROM: Eric M. o a, ICMA-CM
City Ma er
BY: Joanne Carr, AICU,4
Community Development Director
DATE: October 27, 2016
SUBJECT: Application to Amend Section 31-144(f)(1), Section 31-144(f)(2) and Section
31-144(f)(3) of the Land Development Regulations to amend permitted uses,
to add new conditional uses and amend prohibited uses in the Medical Office
(MO) zoning district (04-LDR-16)
November 1, 2016 Local Planning Agency Agenda Item-113
November 1, 2016 City Commission Meeting Agenda Item 25
January 10, 2017 City Commission Meeting Agenda Item -
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Section 31-
144(f)(1), Section 31-144(f)(2), and Section 31-144(f)(3) of the Medical Office (MO) District
to amend permitted uses, to amend and add conditional uses and to amend prohibited
uses in order to facilitate development of the district.
BACKGROUND
The Medical Office (MO) District encompasses properties lying in the triangle between
Biscayne Boulevard to east, East Dixie Highway to the west, NE 206 Street to the south
and NE 214 Terrace to the north. The district regulations were adopted in July of 1999 as
part of the original Land Development Regulations. This district requires a minimum lot
size of 1 .5 acres for the properties lying north of NE 209 Street. The original plats of the
area laid out 110 long by 33 wide, or 3300 square foot, lots and although several larger
parcels have been assembled over the years, most of the remaining ownerships are less
than the required 1.5 acres which has resulted in slow development.
City staff review of the current ownership pattern in the north portion of the Medical Office
district shows that 21 of the 29 parcels are less than 1 .5 acres. These 21 parcels range in
size from 0.07 acres to 1.23 acres. In order to facilitate development, City staff is
recommending the following amendments and additions to the permitted, conditional and
prohibited uses in the district.
These amendments and additions were discussed at the City Commission workshop
meetings of September 15, 2016 and October 20, 2016.
DESCRIPTION OF THE PROPOSED AMENDMENT
The proposed amendment to Section 31-144(0(1), Uses Permitted, Section 31-144(0(2),
Conditional Use and Section 31-144(0(3), Uses Prohibited, of Chapter 31, Article VII., Use
Regulations, follow. Proposed additions are shown in underlined text and proposed
deletions are shown in stricken through text.
"Section 31-144 — Business Zoning Districts.
(f) Medical Office (MO) District.
***
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than one or more of the following
specific uses:
a. Business/professional offices.
b. Hospitals (not to exceed 20 stories or 200 feet in height).
c. Nursing homes.
d. Medical laboratories.
e. Laboratories for medical research and development, including the use of
medical laboratory equipment and devices.
f. Dental and medical offices.
g. Banks, savings and loans (no drive-in tellers).
h. Restaurants, - --- - - _ ••• - • - - with (no drive-in facilities)-,that
are part of a non-residential or multifamily residential building
i. Pharmacies, limited to drugs and medical supplies, except if first approved
as a conditional use pursuant to Section 31-144(f)(2)o.
j. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1.5 acres, except if first approved as
a conditional use pursuant to Section 31-144(f)(2)n.
2. The minimum floor area of a rental sleeping room in a motel or hotel,
which includes all areas to be individually rented by a customer, shall be
300 square feet.
k. Uses generally accessory to the above principal uses. Accessory uses
are those uses that are associated with the principal use(s) and which
provide service primarily to employees and patrons of the office park. The
accumulative total of all accessory uses shall be limited to a maximum of 15
2
percent of the total gross interior square footage of the buildings proposed for
the site. Such uses shall have no outside advertising.
I. ALF.
(2) Conditional use. The following uses if first approved as a conditional use:
a. Business-related schools.
b. Multi-family residential uses with a maximum density of 35 dwelling units
per gross acre and with a minimum lot area of two gross acres.between 1.0
to 1.5 acres. provided that a building permit for the development is obtained
within 24 months of the date of conditional use approval. Failure to obtain a
building permit within this time limit will void the conditional use approval.
c. Uses that exceed the height limitations.
d. Retail uses - . •• •• . _ . . . _ . _ . - .as part of a non-
residential or multifamily residential development, when such retail uses do
not exceed 15% of the total gross interior square footage of the building.
e. Drive-through facility.
f. Heliport landing site.
g. Automobile parking garages, exceeding two stories but not over six
stories in height, as a stand-alone use.
h. All uses permitted in the CF District.
i. For those properties 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, the following additional uses may be permitted if first approved as a
conditional use:
1. Uses that exceed the maximum floor area ratio.
2. Uses that do not meet the open space requirements of this district.
upon payment of a fee-in-lieu of open space to be used for public park
improvements. The amount of such fee shall be determined by the City
Manager based on the appraised value of the land and the amount of
reduction in open space requested, provided, however, that the amount
of open space shall not be reduced below 15 percent of the total lot area
and that the development complies with the Streetscape Design
Standards of this section.
j. Self-service storage facilities with a minimum lot area of 1 .5 acres.
k. For buildings that attain LEED Gold or Platinum certification as provided
in article VI of chapter 14 of the City Code, increased lot coverage, provided
that a green roof and/or green rooftop amenities are provided and maintained
for the common benefit of building occupants; and; that increased Florida-
Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site. all in an amount equal to the requested
increased lot coverage.
3
I. For buildings that attain LEED Gold or Platinum certification as provided
in article VI of chapter 14 of the City Code, increased floor area ratio. not to
exceed a floor area ratio of 2.0.
m. For multifamily residential buildings in this district that attain LEED Gold
or Platinum certification as provided in article VI of chapter 14 of the City
Code. increased density to a maximum of 45 dwelling units per acre.
n. Pharmacies not limited to drugs and medical supplies.
o. Uses that do not meet the minimum lot area and width in Section 31-
144(f)(4)a., provided that the lot area is no less than 1.0 acres, including right
of way dedications, and provided that a building permit for the development is
obtained within 24 months of the date of conditional use approval. Failure to
obtain a building permit within this time limit will void the conditional use
approval..
p. For those properties lying between NE 213 Street to the south, NE 214
Terrace to the north, NE 29 Avenue to the east and East Dixie Highway to
the west, the following reduced yard setbacks may be permitted if first
approved as a conditional use and provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void the
conditional use approval.
a. Minimum front yard setback shall be ten feet in depth for the first
two stories of the structure and 15 feet in depth for any additional
stories.
b. Minimum street side yard setback shall be ten feet in depth for
the first two stories and 15 feet for additional stories.
c. Minimum rear yard setback shall be ten feet in depth.
(3) Uses prohibited. Except as specifically permitted in this section, the following
uses are expressly prohibited as either principal or accessory uses:
a. Adult entertainment.
b. Retail uses on a lot less than two gross acres as a stand alone use.
c. Industrial uses.
ANALYSIS OF STANDARDS FOR REVIEW OF PROPOSED TEXT AMENDMENTS
Staff provides the following analysis of the request using the standards for reviewing
proposed amendments to the text of the Land Development Regulations contained in
Section 31-77 of the City Code.
1. The proposed amendment is legally required.
4
The proposed amendment is legally required to implement the requested revisions and
additions to the Medical Office (MO) District.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan, specifically, Objective 1 and its measure of the Land Use Goal in
the Future Land Use Element which states that "the Land Development Regulations
shall provide a cohesive blueprint for development and redevelopment of the City that
accommodates growth while maintaining the integrity of the built and natural
environment." The proposed amendment is also consistent with Objective 10 of the
Land Use Goal which states that the City "shall continue to maintain, update and
enhance the municipal code, administrative regulations and procedures, to ensure that
future land use and development is consistent with the Plan and to promote better
planned development and communities with well designed buildings."
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City. The
proposed amendment is consistent with this purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City by establishing
standards for review and approval of development of land.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for regulation by which to approve
development or redevelopment projects in the City.
5
ORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF ARTICLE VII
"USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE, BY AMENDING SECTION 31-
144(f) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(f)(1), "USES PERMITTED", BY AMENDING SECTION 31-144(f)(2),
"CONDITIONAL USE" AND BY AMENDING SECTION 31-144(f)(3),
"USES PROHIBITED"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura ("City Commission") is
desirous of revising Section 31-144(f) "Medical Office (MO) District" of Chapter 31 "Land
Development Regulations" of the Code of Ordinances ("City Code") to amend Section
31-144(f)(1), "Uses Permitted", to amend Section 31-144(f)(2), "Conditional Use", and to
amend Section 31-144(0(3), "Uses Prohibited", to facilitate development and
redevelopment of the district; and
WHEREAS, the City Commission finds that the proposed amendment to Section
31-144(f) of the City Code to amend permitted uses, to amend conditional uses and to
amend prohibited uses in the Medical Office (MO) District is consistent with the
applicable goals, objectives and policies of the City's Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
during the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has reviewed the proposed amendment, and
finds that it is in the best interests of the public to amend Section 31-144(0 of Chapter
31 "Land Development Regulations," as set forth in this Ordinance; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
City of Aventura Ordinance No. 2017-
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Section 31-144 "Business Zoning
Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development
Regulations" of the City Code is hereby amended by amending Paragraph (f) "Medical
Office (MO) District", to read as follows':
"Section 31-144 — Business Zoning Districts.
***
(f) Medical Office (MO) District.
***
(1) Uses permitted. No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
following specific uses:
a. Business/professional offices.
b. Hospitals (not to exceed 20 stories or 200 feet in height).
c. Nursing homes.
d. Medical laboratories.
e. Laboratories for medical research and development, including the use
of medical laboratory equipment and devices.
f. Dental and medical offices.
g. Banks, savings and loans (no drive-in tellers).
h. Restaurants) . __ e e e _ . - with (no drive-in facilities),,that
are part of a non-residential or multifamily residential building
i. Pharmacies, limited to drugs and medical supplies, except if first
approved as a conditional use pursuant to Section 31-144(f)(2)o.
j. Hotels, motels, resorts and time share units, subject to the following:
1. The minimum plot area shall be 1 .5 acres, except if first approved
as a conditional use pursuant to Section 31-144(f)(2)n.
' Underlined provisions constitute proposed additions to existing City Code text. Stricken through provisions
constitute proposed deletions to existing City Code text.
Page 2 of 6
City of Aventura Ordinance No. 2017-
2. The minimum floor area of a rental sleeping room in a motel or
hotel, which includes all areas to be individually rented by a customer,
shall be 300 square feet.
k. Uses generally accessory to the above principal uses. Accessory uses
are those uses that are associated with the principal use(s) and which
provide service primarily to employees and patrons of the office park. The
accumulative total of all accessory uses shall be limited to a maximum of
15 percent of the total gross interior square footage of the buildings
proposed for the site. Such uses shall have no outside advertising.
I. ALF.
(2) Conditional use. The following uses if first approved as a conditional use:
a. Business-related schools.
b. Multi-family residential uses with a maximum density of 35 dwelling
units per gross acre and with a minimum lot area of two gross
asres.between 1.0 to 1.5 acres, provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void
the conditional use approval.
c. Uses that exceed the height limitations.
d. Retail uses . •••••-• e . _ e e _ e . _ - .as part of a
non-residential or multifamily residential development, when such retail
uses do not exceed 15% of the total gross interior square footage of the
building.
e. Drive-through facility.
f. Heliport landing site.
g. Automobile parking garages, exceeding two stories but not over six
stories in height, as a stand-alone use.
h. All uses permitted in the CF District.
i. For those properties 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, the following additional uses may be permitted if first approved as
a conditional use:
1. Uses that exceed the maximum floor area ratio.
2. Uses that do not meet the open space requirements of this district,
upon payment of a fee-in-lieu of open space to be used for public park
improvements. The amount of such fee shall be determined by the City
Manager based on the appraised value of the land and the amount of
reduction in open space requested, provided, however, that the
amount of open space shall not be reduced below 15 percent of the
total lot area and that the development complies with the Streetscape
Design Standards of this section.
j. Self-service storage facilities with a minimum lot area of 1.5 acres.
k. For buildings that attain LEED Gold or Platinum certification as
provided in article VI of Chapter 14 of the City Code, increased lot
coverage, provided that a green roof and/or green rooftop amenities are
Page 3 of 6
City of Aventura Ordinance No. 201 7-
provided and maintained for the common benefit of building occupants;
and; that increased Florida-Friendly tree canopy and Florida-Friendly
plantings designed to calm the heat island effect are located on site, all in
an amount equal to the requested increased lot coverage.
For buildings that attain LEED Gold or Platinum certification as
provided in article VI of Chapter 14 of the City Code, increased floor area
ratio, not to exceed a floor area ratio of 2.0.
m. For multifamily residential buildings in this district that attain LEED Gold
or Platinum certification as provided in article VI of Chapter 14 of the City
Code, increased density to a maximum of 45 dwelling units per acre.
n. Pharmacies not limited to drugs and medical supplies.
o. Uses that do not meet the minimum lot area and width in Section 31-
144(f)(4)a., provided that the lot area is no less than 1.0 acres, including
right of way dedications, and provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void
the conditional use approval.
p. For those properties lying between NE 213 Street to the south, NE 214
Terrace to the north, NE 29 Avenue to the east and East Dixie Highway to
the west, the following reduced yard setbacks may be permitted if first
approved as a conditional use and provided that a building permit for the
development is obtained within 24 months of the date of conditional use
approval. Failure to obtain a building permit within this time limit will void
the conditional use approval.
a. Minimum front yard setback shall be ten feet in depth for the
first two stories of the structure and 15 feet in depth for any
additional stories.
b. Minimum street side yard setback shall be ten feet in depth for
the first two stories and 15 feet for additional stories.
c. Minimum rear yard setback shall be ten feet in depth.
(3) Uses prohibited. Except as specifically permitted in this section, the
following uses are expressly prohibited as either principal or accessory uses:
a. Adult entertainment.
b. Retail uses e - . e - e . e . . - as a stand alone use.
c. Industrial uses.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Page 4 of 6
City of Aventura Ordinance No. 2017
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Narotsky, and upon
being put to a vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman No
Commissioner Dr. Linda Marks Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. This motion was seconded by Commissioner
, and upon being put to a vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
Page 5 o16
City of Aventura Ordinance No. 2017-
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 10th day of January, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2017.
Page 6 of 6
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City Manager
BY: Brian K. Raducci, Finance Director
DATE: October 28, 2016
SUBJECT: End of Year Budget Amending Ordinance — FY 2015/16
1st Reading November 1, 2016 City Commission Meeting Agenda Item 7C
2"d Reading January 10, 2017 City Commission Meeting Agenda Item f:51
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
the FY 2015/16 budget.
BACKGROUND
At this time of year, the Finance Department is preparing the City's financial records for
the FY 2015/16 year-end audit. Now that most of our year-end adjustments have been
made, we have the necessary information to formally amend the FY 2015/16 budget.
This "clean up" amendment is a normal part of our year-end fiscal operations and is
prepared to ensure that the "final" adopted budget contains sufficient appropriations to
satisfy all of our actual expenditures.
In order to comply with Section 166.241 (4) of the Florida Statutes, the related
ordinance will appear on the November 2016 and January 2017 agendas. Although this
Section requires all budget amendments be made "within 60 days following the end of
the fiscal year," the second reading of the ordinance (as is consistent with past practice) will
not occur until January 2017 as there is no December meeting. The ordinance however
will appear on first reading prior to the November 29, 2016 deadline.
We are only required to amend budgets when a Department's total budget has been
exceeded. In some cases, associated revenues may be increased to satisfy the related
expenditure overage. Listed below is a summary of the amendments for the City's
General Fund, by department and the underlying circumstances that support each
recommendation.
4
4 1
p
General Fund — (001) — ($2,035,000 net increase)
Legal (0601) — ($105,000 increase)
3120 — Prof. Services - Legal
Requires a $105,000 budget amendment due to higher than anticipated Legal fees
primarily related to ongoing matters associated with both the Prive Development and
Intersection Safety Camera Program litigation. These overages will be offset by
$56,000 in additional Half Cent Sales Tax revenue (3351800) and $49,000 in additional
Intersection Safety Camera Program revenue (3542000), respectively.
Community Development (4001) — ($1,625,000 increase)
3101 — Building Inspection Services
Requires a $1,572,000 budget amendment due to higher than anticipated
building/development activity experienced during the year which will be offset by
additional Building Permit revenue (3221000).
3190 — Prof. Services
Requires a budget amendment of $53,000 due to higher than anticipated planning
review and landscape consultant services experienced during the year which will be
offset by additional Development Review Fees (3425000) paid by development
applicants.
Community Services (5001) — ($262,000 increase)
1201 — Employee Salaries
Requires a $48,000 budget amendment primarily due to the final distributions of
accrued leave benefits to the retiring Community Services Director after 20 years of
service.
3113 — Prof. Services - Comm. Cen. Inst.
Requires a $15,000 budget amendment primarily due to higher than anticipated after
school activity participation which will be offset by additional Community Center Fees
(3472500).
3450 — Lands/Tree Maint. Svcs - Streets
Requires a $153,000 budget amendment primarily due to the following:
1. $60,000—resulting from the higher than projected Biscayne Boulevard Landscape Bid.
2. $10,000—for clean-up costs related to an unnamed storm that occurred on February 16, 2016.
3. $52,000 — due to the completion of unanticipated projects in the current year (i.e., Biscayne
Boulevard landscape maintenance improvements and Country Club Drive shrub replacements).
4. $15,000—for insect damage sustained by the Bermuda Turf at Waterways Park.
5. $16,000—for various Lands/Tree Maint.-related services.
2
3455 — Transportation Services
Requires a $19,000 budget amendment primarily due to the additional costs related to
the Silver Route which was added during the "season".
4672 — R&M - Parks
Requires a $27,000 budget amendment primarily due to the following:
1. $10,000—due to the unanticipated replacement of HVAC units at the CRC.
2. $13,000—due to unanticipated miscellaneous repairs.
3. $4,000—due to the installation of additional pedestrian crossing signs.
The overages in the Community Services Department as described above will be offset
by a combination of additional; State Revenue Sharing (3351200), Half Cent Sales Tax
Revenue (3351800), Community Center Fees (3472500) and Carryover (399900).
Arts & Cultural Center(7001) — ($43,000 increase)
3190 — Prof. Services - Programming
Requires a $19,000 budget amendment primarily due to the cost of providing shows
and performances at the AACC.
4850 — Special Events
Requires a $24,000 budget amendment primarily due to the costs associated with the
Anniversary Show that was featured at the AACC in October 2015.
Both overages above will be offset by additional Carryover (399900).
The budget amendments outlined above, are expected to have little to no impact on the
FY 2015/16 overall budget or carryover amount that was utilized in the preparation of
the FY 2016/17 budget. Based on this analysis, I recommend approval of the attached
Ordinance.
3
ORDINANCE NO. 2017-
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.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Director as to Accounting Principles), it is deemed necessary to adjust,
amend and implement the 2015/2016 Operating and Capital Budget as set forth in
Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2015-09, which Ordinance adopted a budget for the 2015/2016 fiscal
year, by revising the 2015/2016 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
City of Aventura Ordinance No. 2017-
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1, 2015.
The foregoing Ordinance was offered by Commissioner Shelley, who
moved its adoption on first reading. This motion was seconded by Vice Mayor
Narotsky, and upon being put to a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
PASSED on first reading this 1st day of November, 2016.
PASSED AND ADOPTED on second reading this 10th day of January, 2017.
Page 2 of 3
City of Aventura Ordinance No. 2017-
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF AVENTURA
GENERAL FUND 001
FY 2015/16 BUDGET AMENDMENT
REVENUES
OBJECT 2015/16 2015/16 2015/16
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
3221000 Building Permits $ 2,000,000 $ 1,572,000 $ 3,572,000
3351200 State Revenue Sharing 590,000 95,000 685,000
3351800 Half Cent Sales Tax 2,725,000 130,000 2,855,000
3425000 Development Review Fees 100,000 53,000 153,000
3472000 Parks&Recreation Fees 150,000 2,000 152,000
3472500 Community Center Fees 175,000 15,000 190,000
3542000 Intersection Safety Camera Program 1,300,000 49,000 1,349,000
3999900 Carryover 17,282,791 119,000 17,401,791
Total Revenue $ 24,322,791 $ 2,035,000 $ 26,476,791
TOTAL AMENDMENTS-REVENUE $ 2,035,000
EXPENDITURES
OBJECT 2015/16 2015/16 2015/16
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
LEGAL(0601)
CONTRACTUAL SERVICES
3120 Prof.Services-Legal $ 275,000 $ 105,000 $ 380,000
Total Legal $ 275,000 $ 105,000 $ 380,000
COMMUNITY DEVELOPMENT(4001)
CONTRACTUAL SERVICES
3101 Building Inspection Services $ 1,400,000 $ 1,572,000 $ 2,972,000
3190 Prof.Services 80,000 53,000 133,000
Total Community Development $ 1,480,000 $ 1,625,000 $ 3,105,000
COMMUNITY SERVICES(5001)
OTHER CHARGES&SERVICES
1201 Employee Salaries $ 1,055,198 $ 48,000 $ 1,103,198
3113 Prof.Services-Comm.Cen.Inst. 110,000 15,000 125,000
3450 Lands/Tree Maint.Svcs-Streets 835,000 153,000 988,000
3455 Transportation Services 455,000 19,000 474,000
4672 R&M-Parks 90,000 27,000 117,000
Total Community Services $ 2,545,198 $ 262,000 $ 2,807,198
ARTS&CULTURAL CENTER(7001)
CONTRACTUAL SERVICES
3190 Prof.Services-Programming $ 80,000 $ 19,000 $ 99,000
OTHER CHARGES&SERVICES
4850 Special Events 25,000 24,000 49,000
Total Arts&Cultural Center $ 105,000 $ 43,000 $ 148,000
TOTAL AMENDMENTS-EXPENDITURES $ 2,035,000