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January 10, 2017 Regular Commission Meeting Minutes The City of CITY COMMISSION REGULAR MEETING MINUTES Aventura Government Center y dye 19200 W.Country Club Drive �Y�� �Jl JANUARY 10, 2017 Aventura, Florida 33180 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor 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 Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Nathaniel Manor and Jordan Gottlieb. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Presentation of Silver Designation Certificate from the Florida Green Building Coalition's Florida Green Local Government: Jeremy Nelson, Florida Green Building Coalition, presented the City with the Silver Designation Certificate. • Proclamation Recognizing Clifford A. Schulman: Mayor Weisman and the Commission presented Cliff Schulman with a proclamation in recognition of his service as Chairman on the Aventura Marketing Counsel. • Employee Service Awards: Mr. Soroka presented Deidre Fogelgren (20 years), Alan Levine (20 years), and Ana Theallet (20 years), with recognition certificates and a token of appreciation for the completion of milestone years of service with the City. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. Item G was removed from the Consent Agenda, per Vice Mayor Narotsky's request. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Weinberg, seconded by Commissioner Landman, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • November 1, 2016 Commission Regular Meeting • November 10, 2016 Commission Inauguration • November 17, 2016 Commission Workshop Meeting • November 17, 2016 Commission Meeting Aventura City Commission Meeting Minutes January 10, 2017 B. Motion was approved as follows: 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. C. Resolution No. 2017-01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2017-02 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 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. Resolution No. 2017-03 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 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. Resolution No. 2017-04 was adopted as follows: 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. Item G: Mr. Meyers read the following Resolution by title: Page 2 of 5 , Aventura City Commission Meeting Minutes January 10, 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. Vice Mayor Narotsky announced that he would recuse himself from voting on Item #8 of the Legislative Program due to a conflict and left the meeting. A motion to approve the Resolution (as to solely the portion adopting item #8 of the legislative program) was offered by Commissioner Shelley and seconded by Commissioner Landman. No comments were provided by the public. The motion to approve the Resolution (item #8) was unanimously passed (6-0) by roll call vote, with Vice Mayor Narotsky absent. Vice Mayor Narotsky returned to the meeting. A motion to approve the Resolution (adopting the remaining items of the legislative program, excluding item # 8) was offered by Commissioner Landman and seconded by Commissioner Shelley. No comments were provided by the public. The motion to approve the Resolution (excluding item #8) was unanimously passed (7- 0) by roll call vote, and Resolution No. 2017-05 was adopted. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None 7. ORDINANCES - FIRST READING — PUBLIC HEARING: None 8. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Meyers read the following ordinance by title: 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(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 A motion to recommend adoption of the Ordinance on second and final reading was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Page 3 of 5 Aventura City Commission Meeting Minutes January 10, 2017 Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman closed the public hearing. The motion to approve the Ordinance on second reading was passed (6-1) with Commissioner Landman voting no, by roll call vote, and Ordinance No. 2017-01 was adopted. Mr. Meyers read the following ordinance by title: 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. A motion to recommend adoption of the Ordinance on second and final reading was offered by Vice Mayor Narotsky and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman closed the public hearing. The motion to approve the Ordinance on second reading was passed unanimously, by roll call vote, and Ordinance No. 2017-02 was adopted. 9. RESOLUTIONS — PUBLIC HEARING: None 10. REPORTS: After an introduction by Mayor Weisman, Michael Krop Senior High School representatives Nathaniel Manor (SGA President — 11th Grade) and Jordan Gottlieb (SGA President — 12th Grade) provided a report on the school. Commissioner Landman reporting on the upcoming Green Market (January 22"d) and Yoga in the Park (January 13th) A motion to move the time of the January 18, 2017 Commission Workshop Meeting from 9:00 a.m. to 9:30 a.m. was offered by Commissioner Weinberg, seconded by Commissioner Shelley, and unanimously approved. 11. PUBLIC COMMENTS: No comments were provided by the public. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Vice Mayor Narotsky, and unanimously approved; thus adjourning the meeting at 6:36 p.m. Page 4 of 5 Aventura City Commission Meeting Minutes January 10, 2017 \ lie. ,P iztF-ifil*ii‘ �u:4 — Ellisa L. Horvath, VCity Clerk Approved by the Commission on February 9, 2017. Page 5 of 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD.COUNCIL,COMMISSION.AUTHORITY.OR COMMITTEE N'-,-\-.sk-1 i MGGCC. 1r !��-zn -�; ( C_,,�m, ss ;4,n MAILING ADDRESS THE BOARD.COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1 t 2(du Vv 1 s` /1'�`Avv _'i (t `J ) f ‘-'COUNTY ,,i z WHICH I SERVE IS A UNIT OF: CITY ( C` COUNTY IgCfiTY ❑COUNTY ❑OTHER LOCAL AGENCY 'v L4-\`T•-'trCk /LA,col , -- r'c,C e NAME OF POLITICAL SUBDIVISION: r - Y� t5s, DATE O WHICH VOTE OCCURRED w MY POSITION IS: 1 I t li ( I ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law. mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. 'JOY, N)arok-s , hereby disclose that on M h`-kal ,20 (a)A measure came or will come before my agency which(check one) El/inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, • inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure1before my agency and the nature of my conflicting interest in the measure is as follows: Reck-VeC5k ko (IN`' e f insS1 o-NQt GtL )V• iaChr 4-7 (vccicA Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 I