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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 wry a� c,xc 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 1 ikIR WI/ O O O N N000 N N.O(CI iciniiiii 1/4N O W C9 9 d (2 0- V) I- J 0 2 N .••1 .1 O.--1 O O O N.-1 O O -J J J W O 8 u_ o- w LL. W O d' �pp� CV .-1 01�tpp 010 Ch 01 NN O^ N N 1\ N N LC) 11 `Cr 11 LC) H O W 01 N 00CD OC.'')d'01 CI t0 '.0 NN(�001 CLo Lc)V 1 1�N CO M .1 CO 01 O U) .--1 N M .1 C) 01 .--1 Z CO 7. .1 O.1 1--1 O O O 1--1 H O O 0 Z .... O 0 H W C.)J UJ LL. J LU • pppp ON LO LC1 Is. 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U LU • • • J W . . . Ln • CI W W -I ") Fa I- CC 0 OLU JJ ZW i- o� 0 II--0 2 CO ti}• 2 0I- VI♦- U .-1 00 W • N \ 1-1 I- • I, 0 Vi ti) .0.1 I- 0 II•/-� t0 COL1G N N LU • •!O 0) O N\ Z 0 U.--1CN000 Nr1 000 .--. W•- 10 0)I-D.,>,. Q 2Q I-D•> c. Q W W HCIL)� O .ON NN C' O.\•.\ NC) > > 2g> > O'")C7 >.O>Z Q CC .--1 < Q 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. 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U 1/40 et CC F- N \ .--1I-- • ►N-• 0 Ch•_• 1- 0 1y-I- O i0(0 iC 0) 0) 2 • • IC 4) G) r\-1 Z 0< U.--1 C N 000 N.--1 000 .-i •-• WU CC /0 (1)F->> 5 '>> F- W!- ¢ OION 0) O) 2 O.\. 0) 0) 0Lu E � C7 a0JaW 0) It/) 1,0 O= 0)Npp O= Q (-I �00> a•'-O-)C7 Q>>Z 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 ,Vvt A ., OVA.s., .4.4e, <s, "N.. ,e,... ..... . _ ..,_,....... .. ,,, .M. 11 , i , ii I1 1 l - I Vim` ,....c 416. "-..... ,* \ASIP) V.4 0 I.; L () . ` Qk - di of EXce tee 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