July 10, 2018 Commission Regular Meeting Minutes 11
The City of CITY COMMISSION Aventura Government Center
REGULAR MEETING MINUTES 19200 W.Country Club Drive
r- \erIura. JULY 10, 2018 Aventura, Florida 33180
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:17 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner
Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley,
Commissioner Howard Weinberg, Interim City Manager Joanne Carr, 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. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Commissioner Shelley requested that Item 5(1) be removed from the Consent Agenda.
A motion to approve the remaining items on the Consent Agenda (A-H) was offered by
Commissioner Weinberg, seconded by Commissioner Narotsky, and passed
unanimously by roll call vote. The following action was taken:
A. Minutes were approved as follows:
• June 12, 2018 Commission Regular Meeting
• June 21, 2018 Commission Regular Workshop Meeting
B. Resolution No. 2018-55 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS
OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING
THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2018-56 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY
TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL
AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF
FORT LAUDERDALE FOR LAW ENFORCEMENT ACTIVITIES;
Aventura City Commission Regular Meeting Minutes
July 10, 2018
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. 2018-57 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-
05-22-2, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR
THE GOVERNMENT CENTER TO BRIGHTVIEW LANDSCAPE
MAINTENANCE SERVICES, INC. FOR THE INDIVIDUAL BID PRICE AS
CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACT; 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 BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2018-58 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-
05-22-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR
THE SCHOOL, COMMUNITY RECREATION CENTER, AND CULTURAL
CENTER TO BRIGHTVIEW LANDSCAPE MAINTENANCE SERVICES, INC.
FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A"
ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACT; 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 BID AWARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
F. Resolution No. 2018-59 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-
06-13-2,MYSTIC POINT DRIVE ROAD RESURFACING IMPROVEMENTS TO
WILLIAMS PAVING CO., INC. AT THE BID PRICE OF $84,013.73;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
G. Resolution No. 2018-60 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING ACCEPTANCE AND APPROVAL OF CITY
MANAGER'S SEPARATION AGREEMENT; APPOINTING INTERIM CITY
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Aventura City Commission Regular Meeting Minutes
July 10, 2018
MANAGER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
H. Resolution No. 2018-61 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA
MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK
FORMS; AND PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Shelley recused himself from voting on Item I due to a conflict and left
the meeting.'
Item I: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S
CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105,
FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS
WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF
AVENTURA, ET AL, CIRCUIT COURT CASE NO. 13-15004, IN WHICH
LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the resolution was offered by Commissioner Dr. Marks and
seconded by Vice Mayor Mezrahi.
The motion for approval of the resolution passed unanimously, by roll call vote, and
Resolution No. 2018-62 was adopted.
Commissioner Shelley 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
CONSTRUCTION OF A ROOFTOP ADDITION TO AN EXISTING RESIDENTIAL
PENTHOUSE UNIT IN THE RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT, WHERE THE PROPOSED ADDITION HAS A HEIGHT
OF 26 STORIES OR 272.5 FEET AND WHERE A MAXIMUM HEIGHT OF 25
STORIES OR 250 FEET IS PERMITTED BY CODE, FOR PROPERTY WITH
MUNICIPAL ADDRESS 20281 EAST COUNTRY CLUB DRIVE, PH4 AND PH6,
CITY OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE.
' The Memorandum of Voting Conflict(Form 8B)for Commissioner Shelley is attached to the minutes as required.
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Aventura City Commission Regular Meeting Minutes
July 10, 2018
Mrs. Horvath administered the oath to all those wishing to offer testimony.
Ms. Carr addressed the Commission and entered the staff report into the record, which
recommended approval, subject to the conditions listed. It was additionally reported that
the drawings would be revised to comply with height restrictions required in the
condominium documents, as provided to the City just prior to the meeting, with said
restrictions and condominium association approval to be included in the list of
conditions. The two letters of objection received were reviewed by Ms. Carr regarding
the project.
A motion for approval of the resolution as amended was offered by Commissioner
Weinberg and seconded by Commissioner Shelley.
The following provided testimony on behalf of the Applicant (Herbert and Cynthia
Zucker): Michael Marrero, Esq. (Bercow Radell Fernandez & Larkin, 200 S. Biscayne
Blvd. Suite 850, Miami, FL) and agreed that a permit would not be issued without written
consent from the condominium association.
Mayor Weisman opened the public hearing.
The following members of the public provided comments: Ernest Vacca (20505 E.
Country Club Drive #1038, Aventura) and Steven Walsh (Fort Lauderdale) - Property
Manager at Hamptons West.
There being no additional speakers, the public hearing was closed.
The motion for approval of the resolution as amended passed unanimously, by roll call
vote, and Resolution No. 2018-63 was adopted.
7. ORDINANCES - FIRST READING — PUBLIC HEARINGS:
Mr. Wolpin read the following ordinance by title and incorporated the staff report and
comments provided at the July 10, 2018 Local Planning Agency Meeting into the record
by reference:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING POLICY 2.1 OF
OBJECTIVE 2 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT
TO ADD LIMITED SERVICE HOTEL IN COMBINATION WITH MULTIFAMILY
RESIDENTIAL USE TO THE LIST OF PERMITTED HOUSING STRUCTURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; ANI) PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the ordinance was offered by Commissioner Shelley and
seconded by Vice Mayor Mezrahi.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
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Aventura City Commission Regular Meeting Minutes
July 10, 2018
The motion for approval of the ordinance on first reading passed unanimously, by roll
call vote.
Mr. Wolpin read the following ordinance by title and incorporated the staff report and
comments provided at the July 10, 2018 Local Planning Agency Meeting into the record
by reference:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE
OF ORDINANCES BY AMENDING SECTION 31-21, DEFINITIONS, AND BY
AMENDING SECTION 31-143(F)(1) AND SECTION 31-143(F)(2A), MULTIFAMILY
HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO DEFINE AND ADD
LIMITED-SERVICE HOTEL USE IN COMBINATION WITH MULTIFAMILY
RESIDENTIAL DEVELOPMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the ordinance was offered by Commissioner Dr. Marks and
seconded by Commissioner Landman.
The following provided testimony on behalf of the Applicant (Granite Aventura LLC):
Neisen Kasdin, Esq. (Akerman LLP, 98 S.E. 7th Street #1100, Miami, FL).
Ms. Carr provided information on the Code change.
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: None.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS:
Commissioner Shelley recognized Ms. Carr and thanked her for agreeing to serve as
the Interim City Manager.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Shelley, seconded by
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Aventura City Commission Regular Meeting Minutes
July 10, 2018
Commissioner Dr. Marks, and unanimously approved; thus adjourning the meeting at
6:52 p.m.
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Ellisa L. Horvath, MA(ICity Clerk
Approved by the Commission on September 4, 2018.
Page 6 of 6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Shelley, Robert Aventura City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
City Hall-19200 W. Country Club Drive WHICH I SERVE ISA UNIT OF:
CITY COUNTY CITY 0 COUNTY 0 OTHER LOCAL AGENCY
Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED City of Aventura, Florida
July 10,2018 MY POSITION IS: af ELECTIVE 0 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 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 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
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent,subsidiary,or sibling organization of a 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(CRAB)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
minutes 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 are not prohibited by Section 112.3143 from otherwise
participating 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 page 2)
CE FORM 813-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
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.
D CLOSURE OF LOCAL OFFICER'S I TERES�TR o }
J ,z-
5�) herebydisclose that on ✓ " 20/18
(a)A measure came or will come before my agency which(check one or more)
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 Williams Island Property Owners Assn.('WIPOA")I'm an officer&board member by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling 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:
Item 5(I)amicably resolves City's claim for attorneys fees from WIPOA. I am an officer and board member of
WIPOA. Accordingly, I left the commission room and did not participate on this item.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
July 10,2018
Date Filed Sig _9f ��*!� sNm em e x
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.11/2013 PAGE 2
Adopted by reference in Rule 347.010(1)(1),F.A.C.