Loading...
April 2, 2019 Minutes - Aventura City Commission Regular Meeting The City of CITY COMMISSION Aventura Government Center �y������ REGULAR MEETING MINUTES 19200 W.Country Club Drive �Y APRIL 2, 2019 Aventura, Florida 33180 Following the 6:00 p.m. Local Planning - - Agency Meeting 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:07 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, 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: • Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues, presented the following employees with recognition certificates and tokens of appreciation for the completion of milestone years of services with the City: Joanne Carr (20 years), Officer Joseph Craig (20 years), and Officer Robert Feierstadt (20 years). • School Reports: None. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Shelley, seconded by Vice Mayor Dr. Marks, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • March 12, 2019 Regular Commission Meeting • March 21, 2019 Regular Commission Workshop Meeting • March 21, 2019 Special Commission Meeting B. Resolution No. 2019-19 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. Aventura City Commission Regular Meeting Minutes April 2, 2019 C. Motion approved as follows: MOTION TO APPROVE REQUEST OF FOOD OF ALL NATIONS INC. DBA SARAH'S TENT FOR EXTENSION OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2018-38 FOR AN ADDITIONAL SIX MONTH PERIOD FROM APRIL 3,2019 TO OCTOBER 3,2019. D. Resolution No. 2019-20 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2019-21 adopted as follows: CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL BETWEEN CHARTER SCHOOLS USA AT AVENTURA, LLC AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and read the following Resolution by title: RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE AVENTURA MEDICAL TOWER AT 2801 NE 213 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion for approval of the resolution was offered by Commissioner Mezrahi and seconded by Commissioner Shelley. Commissioner Narotsky recused himself from voting on this item due to a conflict and left the meeting.' The Memorandum of Voting Conflict (Form 8B) for Commissioner Narotsky is attached to the minutes as required. Page 2 of 6 Aventura City Commission Regular Meeting Minutes April 2, 2019 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 (The Medical Building Aventura Condominium Association, Inc.): Brooke Walker and Michael Quintana, Sign Consultants — Graphplex Signs (2830 N. 28th Terrace, Hollywood, FL) and Richard Faith, Owner- The Faith Group. Mayor Weisman opened the public hearing. The following members of the public provided comments: Jackie Seskin (Condo Owner - 2801 NE 213 Street) and Michael Gilinsky, M.D. (Condo Owner - 2801 NE 213 Street). There being no additional speakers, the public hearing was closed. A motion to table the item until the Commission Workshop Meeting on April 11, 2019 at 9:00 a.m., followed by consideration at the Regular Commission Meeting on May 7, 2019 at 6:00 p.m., was offered by Commissioner Landman and seconded by Vice Mayor Dr. Marks. The motion to table the item, to the time certain described above, passed unanimously (6-0) by roll call vote, with Commissioner Narotsky absent. Commissioner Narotsky returned to the meeting. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the April 2, 2019 Local Planning Agency Meeting into the record by reference: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; 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 Shelley and seconded by Commissioner Mezrahi. The following provided comments on behalf of the Applicant (Imperial Club, LP): Michael Marrero, Esq. — Bercow Radell Fernandez & Larkin (200 S. Biscayne Blvd. #850, Miami, FL). Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Page 3 of 6 Aventura City Commission Regular Meeting Minutes April 2, 2019 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 ARTICLE IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND DEVELOPMENT,REGULATIONS" OF THE CITY CODE TO ADD A DEFINITION OF AND REGULATION FOR TEMPORARY GRAPHIC WRAPS ON CONSTRUCTION FENCES; 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 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. 2019-03 was adopted. Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING DIVISION 8 "DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-218 "CREATION AND QUALIFICATIONS," SECTION 2-219 "PROCESS FOR APPOINTMENT OF BOARD MEMBERS," SECTION 2-220 "JURISDICTION, DUTIES AND MEETINGS," SECTION 2-221 "RULES OF PROCEDURE; QUORUM," AND SECTION 2-222 "STANDARDS OF CONDUCT FOR MEMBERS"; 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 Shelley and seconded by Commissioner Mezrahi. 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. 2019-04 was adopted. Mr. Wolpin read the following Ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 10, ENTITLED "ANIMALS," OF THE CITY CODE BY AMENDING Page 4 of 6 Aventura City Commission Regular Meeting Minutes April 2, 2019 SECTION 10-1,ENTITLED "REMOVAL OF CANINE FECAL MATTER; CANINES TO BE LEASHED"; 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 Vice Mayor Dr. Marks and seconded by Commissioner Narotsky. 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. 2019-05 was adopted. Mr. Wolpin read the following Ordinance by title: D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 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 for approval of the ordinance was offered by Commissioner Landman and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the item. 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. 2019-06 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO. 98-28, BY RESOLUTION NO. 2000-24 AND RESOLUTION NO. 2009-45; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY 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 Narotsky. Mr. Wasson reviewed the resolution, which provided corrections to the language in the Building Permit Fee Schedule. Page 5 of 6 Aventura City Commission Regular Meeting Minutes April 2, 2019 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2019-22 was adopted. 10. REPORTS: Vice Mayor Dr. Marks discussed the members appointed to the Board of Trustees of the Police Officers' Retirement Plan, as approved on the consent agenda, and commended the work of that board. Commissioner Landman invited residents to attend the upcoming movie night at Founders Park (April 13th) and annual Earth Day/Arbor Day celebration at the Arts & Cultural Center (April 25th). Commissioner Narotsky urged residents to contact the Miami-Dade County School Board Members, as well as the State Senators and Representatives, regarding the City's charter schools receiving their share of the funding approved through the recent referendum for teacher pay. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Ian Lumer (Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at 7:00 p.m. ,-Avtt.o ^; * * � Ellisa L. Horvath, City Clerk Approved by the City Commission on May 7, 2019. Page 6 of 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 1 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Narotsky, Marc 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 44 CITY C]COUNTY ❑OTHER LOCAL AGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: City of Aventura DATE ON WHICH VOTE OCCURRED MY POSITION IS: April 2,2019 ci 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 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(CRAs)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 8B-EFF.1112013 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Marc Narotsky , hereby disclose that on April 2 20 19 (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, • 4Z inured to the special gain or loss of FIP Realty (Faith Investment Property) 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: The measure was a sign variance listed as Item#6 on City Commission Agenda. Since I provide real estate services to FIP Realty, a party interested in the item, I disclosed the potential conflict, left the room and did not participate or vote. 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. I al Date Filed Signature Marc (a-Cc 's . 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 34-7.010(1)(f),F.A.C.