January 4, 2022 Aventura City Commission Regular Meeting Minutes •
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
JANUARY 4, 2022
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6.02 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Rachel S. Friedland', Commissioner Denise Landman,
Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert
Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney
Robert Meyers. Commissioner Jonathan Evans was absent. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Ethan Bazak.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Item 5J
was deleted from the agenda, as requested by Mr. Wasson.
4. SPECIAL PRESENTATIONS:
• Employee Service Awards: None.
• Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala
provided a brief report on ACES.
• Don Soffer Aventura High School Update: Principal Dr. Geoff McKee,
accompanied by student Liana Safdie, provided a brief report on DSAHS.
A letter from the Commission will be sent to all teachers at the schools thanking them for
their efforts during this time.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Mr. Wasson requested the removal of Items 5F and 5K. Mayor Weisman requested that
at least 24-hour notice be given by Commissioners to the City Manager for items to be
removed from the agenda.
1 Participated via virtual communications media technology.
Aventura City Commission Regular Meeting Minutes
January 4, 2022
A motion to approve the remaining items on the Consent Agenda (excluding F, J, and K)
was offered by Commissioner Shelley, seconded by Commissioner Landman, and
passed unanimously by roll call vote. The following action was taken:
A. Minutes approved as follows:
• November 2, 2021 City Commission Regular Meeting
• November 4, 2021 City Commission Regular Workshop Meeting
B. Resolution No. 2022-01 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN ADDENDUM TO THE CONTRACT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD
L. BOOK, P.A.; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2022-02 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 22-11-02-
3, AVENTURA HIGH SCHOOL MARQUEE SIGN, TO TIGO, INC. DBA EXPOSE
YOURSELF AT THE BID PRICE OF $99,900.00; 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.
D. Resolution No. 2022-03 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE
MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY
BOARD FOR A ONE-YEAR TERM;AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2022-04 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, DESIGNATING PUBLIC WORKS EMPLOYEES AS FIRST
RESPONDERS AS FEDERALLY MANDATED; AUTHORIZING THE USE OF THE
PUBLIC WORKS RESPONDER SYMBOL AS ADOPTED BY THE NATIONAL
PUBLIC WORKS ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
F. Removed for discussion:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF
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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.
G. Resolution No. 2022-06 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THIRD AMENDMENT TO AGREEMENTS (THE
"AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS
BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS,INC.;
AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL
ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
H. Resolution No. 2022-07 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE DISSOLUTION OF THE DON SOFFER AVENTURA
HIGH SCHOOL FOUNDATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
I. Motion approved as follows:
MOTION TO APPROVE THE RESURFACING OF 183RD STREET BETWEEN
BISCAYNE BOULEVARD AND NE 31st AVENUE, AT A COST NOT TO EXCEED
$170,000 DOLLARS,UTILIZING THE SERVICES OF THE MIAMI-DADE COUNTY
WATER AND SEWER PROJECT CONTRACTOR PABON ENGINEERING INC.
J. Deleted from the Agenda:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY
COMMISIONERS TO UPHOLD THE RECOMMENDATIONS OF COUNTY STAFF
AND DENY AND NOT TRANSMIT CDMP AMENDMENT APPLICATION
CDMP20210003; AND PROVIDING FOR AN EFFECTIVE DATE.
K. Removed for discussion:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID
SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY
REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
Item 5F: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF
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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.
A motion to approve the Resolution was offered by Commissioner Shelley and seconded
by Commissioner Landman.
Mr. Wasson provided remarks on complying with the request to mark the exhibit referred
to in the resolution, as commented on by Commissioner Dr. Marks.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously by roll call vote and
Resolution No. 2022-05 was adopted.
Item 5K: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID
SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY
REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Narotsky.
Mr. Wasson provided remarks on complying with the request to include and mark the
exhibit referred to in the resolution, as commented on by Commissioner Dr. Marks. The
exhibit was distributed, reviewed, and included as part of the resolution.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2022-08 was adopted.
6. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers
reviewed the quasi-judicial procedures for Items 6A and 613.
Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 6A
and 613.
RESOLUTIONS:
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Mrs. Horvath read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A
HEIGHT OF 21 STORIES FOR A MULTIFAMILY RESIDENTIAL BUILDING AND
15 STORIES FOR AN OFFICE BUILDING,WHERE THE CITY CODE PERMITS 10
STORIES, AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A
BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2) FOR
PROPOSED LIVE/WORK UNITS, WHERE THE CITY CODE OTHERWISE
ALLOWS UNITS TO BE EITHER COMMERCIAL OR RESIDENTIAL, BUT NOT
BOTH; AND (3) TO PERMIT 1,735 PARKING SPACES, WHERE 1,891 SPACES IS
REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801 —
20807 BISCAYNE BLVD.; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Narotsky.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval to facilitate development of a mixed-use residential, office,
and retail property, and reviewed the item.
The following provided comments on behalf of the Applicant (Bercow Radell Fernandez
Larkin & Tapanes on behalf of owners Aventura Opportunity Owner, LLC and Norwich
Aventura): Jeffrey Bercow, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC
(200 S. Biscayne Blvd. Suite 300, Miami), Tim Plummer, Traffic Engineer - David
Plummer & Associates (1750 Ponce de Leon Blvd., Coral Gables), and Jeffrey Davis -
Columbus Square Management (792 Columbus Avenue, Suite 1 E, New York).
It was clarified that the City was currently reviewing the traffic impact study and additional
improvement requirements may be imposed to be addressed by the Applicant.
The Commission discussed the item and the following conditions were agreed to be
included under Section 3 of the Resolution:
• Added to Condition 3: To the maximum extent practicable, Applicant shall
undertake due diligence, good faith efforts to obtain approval for and initiate
construction of changes to this intersection prior to or concurrently with the
initiation of the first on-site construction.
• In Place of Condition 4: Contribution toward the expansion of the City's Freebee
circulator service (or similar City sponsored transportation service) in the amount
of$72,000 per year for five (5) years with the first payment due before the issuance
of the first permit for the project or by September 30, 2022, whichever is earlier,
with each of the following annual payments due on the anniversary date of the first
payment.
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• Added as Condition 5: Applicant shall provide a construction phasing plan prior to
receiving administrative site plan approval and shall provide updates to such
phasing plan prior to or concurrently with the submittal of any permit applications
that would alter the phasing plan.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution, with the added/amended conditions, passed
unanimously by roll call vote and Resolution No. 2022-09 was adopted.
Mrs. Horvath read the following Resolution title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-143(F)(2A)(D) OF THE CITY CODE OF ORDINANCES, TO PERMIT
(1)A FLOOR AREA RATIO OF 2.85,WHERE THE CITY CODE PERMITS 2.0,AND
(2) LOT COVERAGE OF 53%,WHERE THE CITY CODE PERMITS A MAXIMUM
LOT COVERAGE OF 40%, FOR AN ASSISTED LIVING FACILITY TO BE
CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM
LOCATED AT THE SOUTHEAST CORNER OF YACHT CLUB WAY AND EAST
COUNTRY CLUB DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Landman.
Community Development Director Keven Klopp entered the staff report into the record,
which recommended approval to facilitate development of an assisted living facility known
as Belmont Village Senior Living Aventura, and reviewed the item including a response
to concerns received regarding traffic capacity on Yacht Club Way. Mr. Klopp disclosed
two administrative minor variances that the Applicant will be requesting from the City
Manager for 1) shadow in a landscape bed and 2) balconies in a setback. He corrected
a scrivener's error to the condition listed in Section 3-3c to read the existing developments
to the east of the proposed ALF. He also discussed the need for a full traffic analysis and
mitigation requirements if the item is approved.
Mayor Weisman disclosed the following ex-parte communications on the item: driving the
property at the request of resident Marjorie Rosenblatt and receiving close to 200 letters
about the project detailing resident concerns.
Commissioner Narotsky disclosed visiting the Belmont facility in Fort Lauderdale and
hearing from the community.
The following provided comments on behalf of the Applicant (Bercow Radell Fernandez
Larkin & Tapanes on behalf of owners Parcel U / SR-1 Trust LLC): Michael Marrero, Esq.
— Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300,
Miami), Ram Krishnan - Corwil Architects (4210 Laguna Street, Coral Gables), Tim
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Plummer, Traffic Engineer - David Plummer & Associates (1750 Ponce de Leon Blvd.,
Coral Gables), and Robert Mann - Belmont Village (7660 Woodway Drive, Houston,
Texas).
The Commission discussed the item including the following: encouragement of LEED
platinum certification, use allowed by right, land owners giving the City property to build
streets years ago creating the need for the two conditional use approval items they are
now requesting, cost reduction program for Aventura residents that can't meet financial
requirements, and impact mitigation.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Stephen Grundstein (3600
Mystic Pointe Drive, Aventura), Leo Sushner (3600 Mystic Pointe Drive#1712, Aventura),
Laura Defina (3600 Mystic Pointe Drive #1708, Aventura), Tony Tedesco (19101 Mystic
Pointe Drive #2903, Aventura), Marjorie Rosenblatt (19101 Mystic Pointe Drive #2301,
Aventura), Morris Matalon (19667 Turnberry Way, Aventura), and Barry David Silverstein
(Aventura).
There being no additional comments, Mayor Weisman closed the public hearing.
The motion for approval of the Resolution, with the correction of the scrivener's error as
noted, passed unanimously, by roll call vote and Resolution No. 2022-10 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC HEARINGS:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS
REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING
SECTION 18-42"TAX SCHEDULE";BY PROVIDING AN INCREASE OF FIVE(5%)
PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item and explained that the rates had not been raised for 13
years.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Ordinance passed (5-1), by roll call vote.
Mrs. Horvath read the following Ordinance title:
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B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY
CODE, BY CREATING CITY CODE SECTION 2-3 "CRIMINAL HISTORY
RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING
FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item and recommended approval.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote.
Mrs. Horvath read the following Ordinance title:
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING AND
REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF
THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN
MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN CODE;AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Landman.
Mr. Wasson reviewed the item.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Marjorie Rosenblatt (19101
Mystic Pointe Drive #2301 , Aventura).
There being no additional comments, Mayor Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read
the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY
RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Mr. Wasson requested that the item be deferred to a future date. Mr. Meyers explained
the Commission's options.
A motion to defer the item to a future date was offered by Commissioner Dr. Marks and
seconded by Commissioner Shelley.
The motion to defer the Ordinance passed unanimously, by roll call vote.
Mrs. Horvath read the following Ordinance title-
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND
TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT
BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO
CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO
EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE
POLICE DEPARTMENT;AMENDING SECTION 36-35,DEFERRED RETIREMENT
OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL;
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.
Mr. Wasson reviewed the item and recommended approval.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote, and
Ordinance No. 2022-01 was adopted.
Mrs. Horvath read the following Ordinance title-
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE
2020/2021 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 Narotsky and
seconded by Commissioner Shelley.
Mr. Wasson reviewed the item and recommended approval.
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Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote, and
Ordinance No. 2022-02 was adopted.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS: None.
11. PUBLIC COMMENTS: The following members of the public provided comments:
Cindy Orlinsky (20051 NE 371h Court, Aventura) and Stacey Levy — Ellie's Army
Foundation (1051 NE 93 Street, Miami Shores).
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
Commissioner Shelley, and unanimously approved; thus, adjourning the meeting at 8:35
p.m.
Ellisa L. Horvath, MPE,Tity Clerk
Approved by the City Commission on February 1 , 2022.
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