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April 4, 2023 Aventura City Commission Regular Meeting Minutes &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES APRIL 4, 2023 6:00 p.m. 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 6.08 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 led by the City Commission. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Wasson removed Item 9A from the agenda. 4. SPECIAL PRESENTATIONS: • Proclamation: Commissioner Paul A. Kruss, accompanied by Mayor Weinberg and the City Commissioners, presented Mike Driquez, Deputy Consul General of Israel in Miami, with a proclamation designating April 26, 2023 as Israel's Independence Day. • Special Recognitions. Mayor Weinberg, accompanied by the City Commissioners, presented ACES student James Reese with a special recognition certificate for competing as a finalist in the 2023 Miami Herald Spelling Bee. • Employee Service Awards: Mr. Wasson, accompanied by Chief Bentolila, presented Police Department Property Room/Crime Scene Supervisor Jeissy Martin (15 years) with a special recognition certificate and token of appreciation for the completion of milestone years of service with the City. • Aventura City of Excellence School Update: ACES student James Reese provided the school update. 'Participated via virtual communications media teclmology. Aventura City Commission Regular Meeting Minutes April 4, 2023 • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, College and Career Specialist Ms. Nicholson, and several DSAHS students provided the school update and other items of interest. 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 Bloom, seconded by Vice Mayor Joel, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • March 7, 2023 City Commission Regular Meeting • March 16, 2023 City Commission Regular Workshop B. Resolution No. 2023-18 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. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO$7,518.55 FOR ARMORERLINK PRODUCTS FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $11,821.30 FOR S.T.A.T. MEDICAL DEVICES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2023-19 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED BY THE CITY COMMISSION AS DETAILED IN RESOLUTION NO. 2022-15 AND AMENDED IN RESOLUTIONS NO. 2022-33 AND NO. 2022-62 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT(ARPA); AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO INCLUDE COMMUNITY DEVELOPMENT, POLICE AND PARKS & RECREATION DEPARTMENT PROJECTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for items 6A and 6B and Mrs. Horvath administered the oath to all those wishing to offer testimony on items 6A and/or 6B. Commissioner Kruss announced that due to the proposed project being located next to his business and in order to avoid any appearance of conflict he would be recusing himself from voting on the items and left the meeting.2 RESOLUTIONS/PUBLIC HEARINGS: Mrs. Horvath read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA FOOD HALL LOCATED AT 2777 NE 185 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Bloom and seconded by Vice Mayor Joel. Community Development Director Keven Klopp reviewed the item and recommended approval subject to the conditions as listed as well as the following changes to the conditions: Condition 5 to read - Each individual restaurant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within (12) months of the alcoholic beverage license zoning approval granted by the City administration for that restaurant or such approval shall be deemed null and void; and Condition 8 to read - If the City Manager determines a particular tenant has created and/or is creating a nuisance, the City Manager may request that the conditional use approval as it relates to the particular tenant be brought to the City Commission for review. The following reviewed the project and provided comments on behalf of the Applicant (Aventura Corporate Center LLLP) for both Items 6A and 613: Brian Adler, Esq. — Bilzin Sumberg Baena Price & Axelrod LLP (1450 Brickell Avenue, 23rd Floor, Miami). The Commission discussed the item including parking and additional long-term off-site parking for Phase II of the project, which would need to be worked out with City staff with a mechanism for the City to be protected should the parking fall through. 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 passed unanimously (6-0) by roll call vote, with Commissioner Kruss absent, and Resolution No. 2023-20 was adopted. The Memorandum of Voting Conflict(Form 8B) for Commissioner Kruss is attached to the minutes as required. Page 3 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 Mrs. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31-144(C)(5)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A SIDE-YARD SETBACK OF 10 FEET ALONG THE NORTH AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE REQUIRED BY CODE, AND FROM SECTION 31-144 (C)(5)(A)2 TO PERMIT AN INCREASE IN THE LOT COVERAGE TO ALLOW 42.64% COVERAGE WHERE 40% IS PERMITTED FOR THE PROPERTY LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Bloom and seconded by Commissioner Stern. Community Development Director Keven Klopp reviewed the item and recommended approval of the variances for decreased side yard setbacks and increased lot coverage. The following provided comments on behalf of the Applicant (Aventura Corporate Center LLLP): Brian Adler, Esq. — Bilzin Sumberg Baena Price & Axelrod LLP (1450 Brickell Avenue, 23rd Floor, Miami). 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 passed unanimously (6-0) by roll call vote, with Commissioner Kruss absent, and Resolution No. 2023-21 was adopted. Commissioner Kruss returned to the meeting. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS; 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. 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 first reading passed unanimously by roll call vote. Page 4 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC INPUT: The following item was removed from the agenda earlier in the meeting: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A BID/CONTRACT FOR BID NO. 23-02-27-3, FOUNDERS PARK SOUTH FACILITY, TO BEJAR CONSTRUCTION AT THE BID PRICE OF $1,308,748.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Stern and seconded by Commissioner Kruss. Mayor Weinberg reviewed the item, which included the installation of tennis courts, pickleball courts, and planter boxes. Mayor Weinberg opened the item for public comment following a review of meeting decorum rules by Mr. Meyers. The following members of the public provided comments: Dr. Irene Lipof (3748 NE 209 Terrace), Karen Decou (21055 Yacht Club Drive #2801), Michael Yavner (21376 Marina Cove Circle #C14), Alicia Bolicini (3029 NE 188th Street), Harriette Brothman (21050 NE 38 Avenue #3101), Shaun Moss (3330 NE 190th Street #TH17), Rachel Moss (3330 NE 190th Street #TH17), Tova Itzhak (18021 Biscayne Boulevard #1104), Michael Campagna (3440 NE 192nd Street#5C), Angelina Orinski (NE 190th Street), Marina Gulov (3330 NE 190th Street #2217), Xiu Wang (3115 NE 184th Street #4301), Andrew Kantarzhi (3330 NE 190th Street #2219), Michael Jacobs (20875 NE 31 st Place), Greg Salazar (3675 North Country Club Drive), Alessio Lombardi (3029 NE 188th Street #706), Polonca Strumbelj (3610 Yacht Club Drive #509), Chiara Tomaselli (3060 NE 190th Street Unit 304), Leon Harvo (3300 NE 188th Street), Penelope (Juvenile Aventura Resident), Manuel (Juvenile Aventura Resident), Alexis Dames (3330 NE 190th Street #1718), Larry Sobel (3300 NE 190th Street), Nallely Matabuena (21220 Harbor Way #222), Emily Primer (3131 NE 188th Street #2-1004), Charles Primer (3131 NE 188th Street #2-1004), Claire Sherman (20281 East Country Club Drive), and Cindy Orlinsky (20051 NE 37th Court). There being no additional comments, Mayor Weinberg closed the item for public input. Page 5 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 Mayor Weinberg provided a brief overview regarding Founders Park South and the community gardens, as well as the other parks available throughout the City providing open green space to residents. The City Commission discussed advocating for all residents including compromise that was needed for the pickleball courts and the community gardens. The motion for approval of the Resolution passed unanimously (7-0) by roll call vote and Resolution No. 2023-22 was adopted. 10. REPORTS: Reports were provided by members of the City Commission as follows: Commissioner Friedland reported on the attendance of Commission members at Miami- Dade Days in Tallahassee and her participation on a forum of the American Jewish Congress. Mayor Weinberg reported on speaking at the Aventura Turnberry Jewish Center, the presentation of a proclamation with Commissioner Friedland to Sylvia Miller for her 106th birthday, and the approval from Miami-Dade County to co-designate NE 190th Street as Hidden Bay Drive instead of Marina Del Rey Boulevard (Aventura Resolution 2023-12). Commissioner Kruss reported on his attendance at the celebration of life ceremony for Marshall Gaskin Lewis and the presentation of a proclamation in recognition of his commitment to assisting those from vulnerable and underserved communities throughout South Florida. 11. PUBLIC COMMENTS: The following members of the public provided comments: Yauhen Kanchyna (3030 NE 188th Street #401 , 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 Joel, seconded by Commissioner Friedland, and unanimously approved; thus, adjourning the meeting at 8:44 p.m. • Ellisa L. Horvath, MMC, ity Clerk 4f�,'r P �y ov Approved by the City Commission on May 2, 2023. Page 6 of 6 CONFLICTFORM 8B MEMORANDUM OF VOTING MUNICIPAL, ' OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Kruss, Paul A. Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 2600 Island Boulevard #702 WHICH I SERVE IS A UNIT OF: CITY COUNTY 9 CITY ❑COUNTY ❑OTHER LOCAL AGENCY Aventura Miami-Dade County NAME OF POLITICAL SUBDIVISION: City of Aventura DATE ON WHICH VOTE OCCURRED MY POSITION IS: April 4, 2023 d 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 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST Paul A. Kruss hereby disclose that on April 4 20 23 (a)A measure came or will come before my agency which(check one or more) X 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 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: On the April 4, 2023 City Commission agenda, items 6A and 6B required Commission action with respect to a proposed Food Hall located at 2777 NE 185th Street. I am the co-ower and corporate officer of Mo's Bagels & Deli, Inc., a restaurant in close proximity to the proposed Food Hall. Although I have no voting conflict concerning the Food Hall proposal, as any action taken by the City Commission would not create a special gain or loss to my restaurant or me, I decided not to participate in or vote on these items. When the items were introduced by the Mayor, I disclosed the fact that I would not be present during the discussion of items 6a and 6b, I left the Commission chambers and did not vote on either item due to a perception 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. -1 lq Date Fi d 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 813-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.