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June 20, 2019 Minutes - Aventura City Commission Special Meeting The City of CITY COMMISSION Aventura Government Center Aventura SPECIAL MEETNG MINUTES 19200 W. oClub Drive JUNE 20, 2019 Aventura, Florida 33180 —4 '— 12:30 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Commissioner Robert Shelley at 12:31 p.m., who served as Chair for the meeting. The roll was called and the following were present: Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotskyl, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Matthew H. Mandel. Mayor Enid Weisman2 and Vice Mayor Denise Landman3 were absent. As a quorum was determined to be present, the meeting commenced. 2. Mr. Mandel read the following motion title: MOTION TO APPROVE RETAINING THE LAW FIRM OF TO SERVE AS SPECIAL LEGAL COUNSEL FOR THE CITY OF AVENTURA ON THE CHAPTER 164, F.S., REFERENDUM REVENUE DISPUTE AND ANY SUBSEQUENT LITIGATION, AND AUTHORIZING THE CITY MANAGER TO TAKE ANY ACTION WHICH IS NECESSARY TO IMPLEMENT THIS MOTION. The Commission discussed the process to be followed to interview potential firms. The following provided presentations on their respective firms, followed by brief question and answer sessions with the Commission: • Michael W. Moskowitz, Esq. - Moskowitz, Mandell, Salim & Simowitz, P.A. (800 Corporate Drive, Suite 500, Fort Lauderdale)4 • Shari L. McCartney, Esq. and Lisa D. MacClugage, Esq. - Tripp Scott, P.A. (110 Southeast Sixth Street, Fifteenth Floor, Fort Lauderdale) • Alan J. Kluger, Esq.— Kluger, Kaplan, Silverman, Katzen & Levine, P.L. (201 South Biscayne Boulevard, 27th Floor, Miami) Commissioner Shelley disclosed knowing Mr. Moskowitz through working with his ex- partner on some home construction projects approximately 15 years ago. Following conclusion of the presentations, the Commission discussed the firms interviewed. A motion to approve retaining the law firm of Kluger, Kaplan, Silverman, Katzen & Levine, P.L. to serve as special legal counsel for the City of Aventura on the Chapter 164, F.S., referendum revenue dispute and any subsequent litigation, and authorizing Commissioner Narotsky left the meeting room prior to the presentation by Mr. Kluger and participated via telephone speakerphone for the remainder of the meeting. Mayor Weisman provided a Memorandum of Voting Conflict(Form 8B),which is attached to the minutes. Vice Mayor Landman provided a Memorandum of Voting Conflict(Form 8B),which is attached to the minutes. 4 Mr. Moskowitz provided his presentation via telephone speakerphone. Aventura City Commission Special Meeting Minutes June 20, 2019 the City Manager to take any action which is necessary to implement this motion was offered by Commissioner Dr. Marks and seconded by Commissioner Mezrahi. Commissioner Shelley opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously (5-0), by roll call vote. 3. RESOLUTION/PUBLIC HEARING: Mr. Mandel read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, INITIATING CONFLICT RESOLUTION PROCEDURES PURSUANT TO CHAPTER 164, FLORIDA STATUTES, THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT, REGARDING A CONFLICT BETWEEN THE CITY OF AVENTURA AND THE SCHOOL DISTRICT OF MIAMI-DADE COUNTY,FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Dr. Marks and seconded by Commissioner Mezrahi. Mr. Mandel briefly explained the Chapter 164 dispute resolution process. Commissioner Shelley opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Resolution passed unanimously (5-0), by roll call vote, and Resolution No. 2019-32 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 1:35 p.m. Cry 5wG0)* _ Ellisa L. Horvath, M C ity Clerk Approved by the City Commission on July 9, 2019. Page 2 of 2 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 Weisman, Enid City of Aventura Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON c/o Kathleen S. Phang, Esq., Berger Singerman LLP, 1450 Brig WHICH I SERVE ISA UNIT OF: CITY COUNTY 4 CITY ❑COUNTY ❑OTHER LOCAL AGENCY Miami Miami-Dade NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED June 20, 2019 MY POSITION IS: 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 86-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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Enid Weismanhereby disclose that on June 20 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, inured to the special gain or loss of Miami-Dade County Public Schools 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: I am the co-owner of a company that is currently a consultant in the area of labor relations and other major initiatives for Miami-Dade County Public Schools. As such, and to avoid any conflict of interest, I abstained from participating in any part of the process that occurred on June 20,2019, regarding the retention of counsel to represent the City of Aventura in possible litigation against Miami-Dade County Public Schools. 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 3,2019 iVr 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. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f).F.A.C. 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 Landman Denise Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 21047 NE 34th Place WHICH I SERVE ISA UNIT OF: CITY COUNTY 0 CITY ❑COUNTY ❑OTHER LOCAL AGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City Commissioner June 20, 2019 MY POSITION IS: 1 ' 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.11/2013 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. PAGE 1 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 Denise Landman hereby disclose that on June 20 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, inured to the special gain or loss of Miami-Dade Public Schools 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: A special City Commission meeting was held on June 20, 2019, to approve the appointment of special legal counsel for the City regarding a revenue dispute with Miami-Dade County Public Schools, which impacts the City ' s charter schools. I am employed by the Miami-Dade County Public Schools, and although I will receive no special financial gain in connection with the resolution of this agenda item, I did not attend the meeting and did not vote on this item due to an appearance of a voting conflict. 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 5, 2019 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.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.