October 3, 2017 Regular Commission Meeting Minutes `The City of CITY COMMISSION
REGULAR MEETING MINUTES Aventura Government Center
y �e 19200 W.Country Club Drive
�Y����Jl OCTOBER 3, 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 Howard Weinberg, Commissioner Denise Landman,
Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc
Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa
L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
A moment of silence was observed to reflect on the mass shooting tragedy in Las
Vegas, as well as the dire situation as a result of Hurricane Maria in Puerto Rico.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Recognitions for Hurricane Irma Assistance: Mayor Weisman recognized
Mr. Soroka as well as those Department Directors that were instrumental in the
hurricane preparation and recovery efforts in the City.
Mayor Weisman presented Aletha Player, Aventura resident and Area Manager for
Florida Power & Light Company (FPL), with a proclamation in recognition of her
assistance in the recovery efforts in restoring power to those affected within the
community.
Recognition certificates were also presented to those in the community that provided
invaluable efforts and appreciated assistance to the City and the Police Department
preceding, during, and subsequent to Hurricane Irma.
• Employee Service Awards: Mr. Soroka presented Chief Bryan Pegues
with a recognition certificate and a token of appreciation for the completion of 20 years
of service with the City.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Commissioner Narotsky requested that Item F on the Consent Agenda be removed.
A motion to approve the remaining 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:
Aventura City Commission Meeting Minutes
October 3, 2017
A. Minutes were approved as follows:
• September 5, 2017 Commissioner Meeting (First Budget Hearing)
• September 5, 2017 Commission Regular Meeting
• September 13, 2017 Commission Meeting (Second Budget Hearing)
• September 14, 2017 Commission Workshop Meeting
B. Motion was approved as follows:
MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF
RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL
MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT
PROCESS.
C. Resolution No. 2017-49 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING
AMENDING THE COLLECTIVE BARGAINING AGREEMENT BY AND
BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION FOR THE PERIOD OCTOBER 1, 2016 THROUGH
SEPTEMBER 30, 2019; PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE.
D. Resolution No. 2017-50 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 1
FOR THE NE 213T" STREET SEAWALL RESTORATION PROJECT BY AND
BETWEEN THE CITY AND JONES BENITEZ CORPORATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS
FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Motion was approved as follows:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL OUT-
OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 28,2017
Item F: Mr. Wolpin read the following Resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE CITY OF AVENTURA 2018 LEGISLATIVE PROGRAM
AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO
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Aventura City Commission Meeting Minutes
October 3, 2017
TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution (adopting the items of the Legislative Program,
excluding Item #9) was offered by Commissioner Shelley and seconded by
Commissioner Dr. Marks.
No comments were provided by the public.
The motion for approval of the Resolution (excluding item #9) passed unanimously, by
roll call vote.
Commissioner Narotsky recused himself from voting on Item #9 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 #9 of the
Legislative Program) was offered by Vice Mayor Weinberg and seconded by
Commissioner Landman.
Vice Mayor Weinberg explained Item #9 (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).
No comments were provided by the public.
The motion for approval of the Resolution (Item #9) passed unanimously by roll call vote
and Resolution No. 2017-51 was adopted.
Commissioner Narotsky returned to the meeting.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin
reviewed the quasi-judicial procedures and read the following Resolution by title:
RESOLUTION—PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE
ESTABLISHMENT OF A LIQUOR PACKAGE STORE LOCATED IN THE
COMMERICAL PLAZA TENANT SPACE AT 19925 BISCAYNE BOULEVARD, CITY
OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES
REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Horvath administered the oath to all those wishing to offer testimony.
The Memorandum of Voting Conflict (Form 8B) for Commissioner Narotsky is attached to the minutes as
required.
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Aventura City Commission Meeting Minutes
October 3, 2017
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Narotsky.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record, which recommended approval, subject to the conditions
listed.
The following provided testimony on behalf of the applicant (Fine Wine & Spirits, LLC
dba Total Wine & More): Alicia Lewis, Esq. and Joseph Geller, Esq.2 (Greenspoon
Marder, 200 East Broward Boulevard, Suite 1800, Fort Lauderdale).
Mr. Wolpin explained the Jennings Rule, as well as the City's Ordinance addressing ex-
parte communications. The following disclosed ex-parte communications:
Commissioner Dr. Marks, Commissioner Shelley, Mayor Weisman, and Commissioner
Landman.
Mayor Weisman opened the public hearing.
The following members of the public provided comments: Robert Burroughs (Miami).
There being no additional comments, the public hearing was closed.
The motion for approval of the Resolution passed (6-1) by roll call vote, with
Commissioner Dr. Marks voting no, and Resolution No. 2017-52 was adopted.
7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36
"RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN
ACCORDANCE WITH CHANGES CONTAINED IN THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019;
BY AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION 36-26
"SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY
ADDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM"; BY
ADDING SECTION 36-38 "DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION
36-39 "USE OF PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; 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 Shelley and
seconded by Commissioner Mezrahi.
Attorney Brett J. Schneider with the City's law firm (Weiss Serota Helfman Cole &
Bierman) reviewed the Ordinance.
' Mr. Geller was administered the oath and advised to provide a Business Affidavit for the record.
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Aventura City Commission Meeting Minutes
October 3, 2017
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mr. Wolpin read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING
SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF
ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES
GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL MARIJUANA
DISPENSARIES; 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 Mezrahi and
seconded by Commissioner Landman.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on second reading passed unanimously, by
roll call vote and Ordinance No. 2017-11 was adopted.
Mr. Wolpin read the following ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 30, "ENVIRONMENT," AT ARTICLE III, "STORMWATER," BY
CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN
ENHANCED STORMWATER MANAGEMENT SYSTEM, AND SPECIFYING
ENVIRONMENTAL AND OTHER REGULATIONS CONCERNING SAID
SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Commissioner Dr. Marks.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on second reading passed unanimously, by
roll call vote and Ordinance No. 2017-12 was adopted.
Mr. Wolpin read the following ordinances by title:
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Aventura City Commission Meeting Minutes
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C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON
THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2,
COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO
CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN
GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND
THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT
FROM JULY 7,2017 TO JULY 7,2024,TO REVISE EXHIBITS"A"AND "B"TO
THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE
RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS,TO ADD THE
2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR
ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING
TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213
STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
A motion to defer both items to the November 7, 2017 Commission Meeting was offered
by Commissioner Narotsky, seconded by Commissioner Mezrahi, and passed
unanimously, by roll call vote.
9. DISCUSSION AND MOTION TO SELECT APPLICANTS TO BE
INTERVIEWED FOR THE CITY MANAGER POSITION: Colin Baenziger, Colin
Baenziger & Associates, explained the search process for a City Manager and reviewed
the recommended five finalists, from the 54 applicants.
A motion to interview Ms. Grant, Mr. Nunemaker, and Mr. Rey was offered by
Commissioner Narotsky. The motion died due to the lack of a second.
A motion to interview Daniel Alfonso, Jeffrey Brown, Susan Grant, Jason Nunemaker,
and Alex Rey was offered by Vice Mayor Weinberg, seconded by Commissioner
Shelley, and passed (6-1) by roll call vote, with Commissioner Narotsky voting no.
Mr. Baenziger will notify the selected candidates. It was announced that the public Meet
and Greet reception would be held on October 11, 2017 and the individual candidate
interviews with Commission members would be held on October 12, 2017, followed by a
Commission meeting for the Commission to interview the candidates as a group.
The following members of the public provided comments: Adrian Aizenstat (21387
Marina Cove Circle, Aventura) and former Aventura Commissioner Luz Weinberg
(Miami).
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10. RESOLUTIONS — PUBLIC HEARINGS: None
11. REPORTS:
Commissioner Mezrahi provided a report on her attendance at the Florida League of
Cities Conference, as well as the Governor's Latin American Summit.
Community Services Advisory Board Member Daniel Naim provided a report on
upcoming City events.
12. PUBLIC COMMENTS: No comments were provided by members of the public
provided.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by
Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at
8:04 p.m.
o\ .\\ i �.
I
Ellisa L. Horvath, 'ity Clerk
Approved by the Commission on November 7, 2017.
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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
Narotsky, Marc E Aventura City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
19200 W.Country Club Drive WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑✓CITY 0 COUNTY ❑OTHER LOCAL AGENCY
Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION:
City of Aventura
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
October 3,2017 ❑� ELECTIVE I] 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 Marc E. Narotsky , hereby disclose that on October 320 17
(a)A measure came or will come before my agency which(check one)
Q✓ 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 measure before my agency and the nature of my conflicting interest in the measure is as follows:
Agenda Item 5F - #9 of the 2018 Legislative Program and Priorities List is related to my
professional activities as a neutral third party mediator.
_ tc)(4 411.
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