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February 7, 2023 Aventura City Commission Regular Meeting Minutes &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES FEBRUARY 7, 2023 Following 6 p.m. Local Planning Agency Meeting Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:46 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Wasson added the following motion to Item 12 Other Business: A MOTION TO GRANT A WAIVER ENABLING CHARTER SCHOOLS USA TO PAY TRAVEL RELATED EXPENSES INCURRED BY MAYOR TO TOUR OTHER SCHOOL SITES LOCATED IN FLORIDA OPERATED BY CHARTER SCHOOLS USA. 4. SPECIAL PRESENTATIONS: • Special Recognitions: Chief Michael Bentolila, on behalf of the City Commission, presented a Certificate of Special Recognition to Yadiel Cebellas for his heroic actions in helping to save a life. A Certificate of Special Recognition was also noted for Johns Magloire as he was not in attendance. Mayor Weinberg, on behalf of the City Commission, presented a proclamation and flowers to Commissioner Dr. Linda Marks in recognition of her Bat Mitzvah ceremony. • Employee Service Awards: Mr. Wasson presented Police Department Records Clerk Mary Smith with a recognition certificate and token of appreciation for the completion of milestone years (20 years) of service with the City. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided the school update. Aventura City Commission Regular Meeting Minutes February 7, 2023 • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee provided the school update accompanied by School Counselor Francie Weinberg and Silver Knight Nominee Students Jade Stein and Orly Ouaknine. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Stern, seconded by Commissioner Bloom, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • December 15, 2022 City Commission Regular Workshop • January 5, 2023 City Commission Regular Meeting • January 19, 2023 City Commission Regular Workshop B. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,595.14 FOR KBT BREACHING TOOL FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. C. Resolution No. 2023-07 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF ONE OF ITS APPOINTEES TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2023-08 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT(ARPA)FOR THE PURCHASE OF A FORD T-350 TRANSIT WAGON; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2023-09 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF A 911 CENTER VIDEO WALL; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 F. Resolution No. 2023-10 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. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. RESOLUTION/PUBLIC HEARING: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FROM SECTION 31-191(J)(2)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A THIRD WALL SIGN ON THE NORTHEAST ELEVATION, WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE; APPROVING AN OUTDOOR LIGHTING VARIANCE FROM SECTION 31-234(E) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE ADDITION OF EXTERIOR LIGHTING ON THE SOUTHWEST AND NORTHEAST ELEVATIONS LOCATED AND MOUNTED AT EIGHTY FEET ABOVE GRADE, WHERE HEIGHTS NO GREATER THAN THIRTY FEET ARE ALLOWED BY CODE, ON THE AVENTURA HILTON LOCATED AT 2885 NE 191 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Commissioner Bloom and seconded by Commissioner Kruss for approval of the Resolution with a condition added that the permit for the lighting proposed on the southwest facade will not be issued prior to: a) Champion Retail Limited offers no written objection to the lighting proposed for the southwest elevation on or before March 7, 2023 or b) the City Commission approves a Resolution at the March 7, 2023 Commission Meeting removing this condition of approval. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and incorporated the testimony provided at the Local Planning Agency Meeting into the record. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Resolution with the added condition passed unanimously by roll call vote and Resolution No. 2023-11 was adopted. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION, Page 3 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN ENFORCING LAWS," TO FURTHER DEMONSTRATE THE CITY'S COMMITMENT TO COMBAT ANTISEMITISM AND DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN THE EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS; 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 Kruss and seconded by Commissioner Bloom. Commissioner Kruss reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A CONDITIONAL USE IN THE COMMUNITY BUSINESS (B2) DISTRICT; 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 Friedland and seconded by Vice Mayor Joel. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and incorporated the comments provided at the Local Planning Agency Meeting into the record. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and incorporated the comments provided at the Local Planning Agency Meeting into the record. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: D. CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY OF AVENTURA CODE OF ORDINANCES BY CREATING CODE SECTION 14-3 "ANNUAL CERTIFICATION OF STRUCTURAL MAINTENANCE,"AND AMENDING ARTICLE II OF CHAPTER 14 OF THE CITY CODE BY CREATING CODE SECTION 14-32"PAINTING AND/OR WATERPROOFING OF EXTERIOR BUILDING SURFACES REQUIRED;" PROVIDING FOR PENALTY; 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 Stern and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. The City Commission discussed the item including condominium associations facing financial impacts due to repairs and insurance renewals. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "FINANCE," DIVISION 3 "PURCHASING," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE FOR ENHANCED PURCHASING AUTHORITY AND REVISE EXEMPTIONS FROM COMPETITIVE BIDDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 5 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by Commissioner Kruss. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-02 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: Reports were provided by members of the City Commission as follows: Mayor Weinberg reported on the U.S. Conference of Mayors campaign against antisemitism and the upcoming Jewish American Heritage Month in May. 11. PUBLIC COMMENTS: The following members of the public provided comments: Marcelle Fischler (3370 NE 190 Street #2707, Aventura), Stacey Levy (1051 NE 93 Street, Miami Shores), Cindy Orlinsky (20051 NE 37 Court, Aventura), Jennifer Hoberman (3370 NE 190 Street, #904, Aventura), and Ofra Schlesinger (3370 NE 190 Street, #907, Aventura). 12. OTHER BUSINESS: Mrs. Horvath read the following motion: A MOTION TO GRANT A WAIVER ENABLING CHARTER SCHOOLS USA TO PAY TRAVEL RELATED EXPENSES INCURRED BY MAYOR TO TOUR OTHER SCHOOL SITES LOCATED IN FLORIDA OPERATED BY CHARTER SCHOOLS USA. A motion for approval was offered by Commissioner Friedland and seconded by Commissioner Bloom. Mayor Weinberg explained the item enabling him to tour other Charter Schools USA (CSUSA) schools in the Tampa area. The City Commission discussed the item including the following: using taxpayer dollars in lieu of CSUSA paying, reviewing the CSUSA contract, and the process to follow for other Commission members to visit other charter schools as well in the future. Mr. Meyers noted that other members of the City Commission wanting to do the same thing would need to be approved individually by the City Commission. Mayor Weinberg opened the item for public comment. The following members of the public provided comments: Bruce Davidson (3047 NE 183rd Lane, Aventura). Page 6 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 There being no additional comments, Mayor Weinberg closed the item for public input. The motion for approval passed unanimously by roll call vote. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Joel, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 8.02 p.m. i Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on March 7, 2023. Page 7 of 7