11-06-2001 MINUTES
CITY COMMISSION MEETING
NOVEMBER 6, 2001 6 PM
Aventura Government Center
19200 w. Country Club Drive
Aventura, Ftorlda 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:54 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Patricia Rogers-Libert,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE:
5. SPECIAL PRESENTATIONS: (Taken out of order) Commissioner Berger
introduced the new officers of the Teen Council and their coordinators.
3. ZONING HEARINGS:
Ex-parte communications by Commissioners, if any, were disclosed and filed with
the City Clerk in accordance with City Code Section 34. All witnesses giving
testimony in these hearings were sworn in by the City Clerk.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI-TENANT
CENTER SIGN GRAPHICS CRITERIA FOR SlGNAGE AT PROMENADE
SHOPS LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD
BETVVEEN NE 203 STREET AND NE 207 STREET; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Cohen. Brenda Kelley, Community Development Director, explained
the request of the applicant and entered the staff report into the record. Mayor
Perlow opened the public hearing. The following individuals addressed the
Commission: Richard Allen, representing the applicant; Robert Cohn of Urban
Solutions on behalf of Shell Oil and Aventura Tire; and Jeff Kranitz, Vice President of
Aventura Tire. There being no further speakers, the public hearing was closed. The
motion passed unanimously and Resolution No. 2001-70 was adopted.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCYADDITIONS: None.
5. SPECIAL PRESENTATIONS: Mayor Pedow presented a Certificate of Appreciation
to Alfred Nesbitt for his service to the City as Special Master presiding over Code
Enforcement hearings.
6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6-B, 6-C,
and 6-D. A motion to approve the remainder of the Consent Agenda was offered by
Vice Mayor Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed
and the following action was taken:
A. Minutes were approved as follows:
October 2, 2001 Commission Meeting
October 18, 2001 Workshop Meeting
E. Resolution No. 2001-71 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT
BE'FVVEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION
MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION
OF THE COMMUNITY RECREATION CENTER PROJECT;
ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE I
AT $92,666; ESTABLISHING THE PRE-CONSTRUCTION AND
CONSTRUCTION MANAGEMENT FEE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
F. Resolution No. 2001-72 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-
009 FOR PROFESSIONAL DESIGN SERVICES FOR THE BISCAYNE
LAKE GARDENS AREA DRAINAGE IMPROVEMENTS PROJECT BY
AND BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
G. The following motion was approved:
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MOTION AUTHORIZING THE APPROPRIATION OF UP TO $165,378
FOR RADIO SYSTEM UPGRADE, EQUIPMENT FOR COMMUNITY
ROOM, LITTLE ACORNS PROGRAMS, K-9 DOG AND EQUIPMENT,
AND MOBILE COMPUTING HARDWARE AND SOFTWARE FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM DATED OCTOBER 25, 2001.
H. Resolution No. 2001-73 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING,
PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN
REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED
SCOPE OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
I. Resolution No. 2001-74 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "HARBOUR CENTRE"
PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH 1/= OF
SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion to address item 10 at this time was offered by Commissioner Cohen,
seconded by Vice Mayor Rogers-Libert and unanimously passed.
10. OTHER BUSINESS: 199th Street Railroad Crossing: Mr. Soroka advised that it
has come to the City's attention that an application may be submitted by Miami-
Dade County to Florida Department of Transportation to re-open this intersection
and requested Commission input. A motion to take immediate emergency action on
this matter was offered by Vice Mayor Rogers-Libert, seconded by Commissioner
Berger and unanimously passed. A motion was made, seconded and unanimously
passed to reaffirm Resolution No. 2001-24 and advise the Florida Department of
Transportation and Miami-Dade County that the City will take whatever action it
deems necessary, including legal action, and to preserve our rights as a municipality
6. (continued) The following items were removed from the Consent Agenda and
addressed separately:
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B=
D=
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION /OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 01-10-12-2, BISCAYNE 7 LANDSCAPING
IMPROVEMENTS, TO VlLA & SON LANDSCAPING CORPORATION
AT THE BID PRICE OF $1,363,375.00. 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.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Grossman. The motion for approval passed
unanimously (5-0, with Commissioners Cohen and Berger absent for the
vote) and Resolution No, 2001-75 was adopted.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Grossman. Commissioner Beskin expressed
his concern as to the Mayor's nominee to this Board. A motion to table
this item to the November Workshop meeting was offered by
Commissioner Cohen, seconded by Commissioner Holzberg and passed,
4-3, with Commissioner Berger, Vice Mayor Rogers-Libert and Mayor
Perlow voting no.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and
seconded by Vice Mayor Rogers-Libert. Commissioner Beskin disclosed
his conflict of interest in that Shirlee Levin is his client and he did not vote
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as to her appointment only. The motion for approval passed unanimously
and Resolution No. 2001-76 was adopted.
7. ORDINANCES- FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
FOUR (4) PARCELS LOCATED AT 3000, 3020, 3t31 AND 3161 NE 188
STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Holzberg and seconded by Commissioner
Beskin. Art Brenner, 210 174th Street, Sunny Isles Beach, addressed the
Commission. There being no further public input, the motion for approval
passed unanimously by mil call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO
CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT
ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER
ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS;
AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS
IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE
DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Vice Mayor Rogers-Libert and seconded by Commissioner
Cohen. There being no public input, the motion for approval passed
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unanimously by roll call vote, 6-0, with Commissioner Holzberg absent
from the room for the vote.
Mayor Pedow left the room at this time. Mr. Wolpin announced this matter
as a quasi-judicial headng and read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF
LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN
CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL DISTRICT; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR 'rwo (2) PARCELS OF LAND LOCATED
AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER
MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Holzberg and seconded by Commissioner Cohen. There being no public input,
the motion for approval passed unanimously (6-0 with Mayor Perlow absent from
the room) by roll call vote.
8. PUBLIC HEARING: ORDINANCES- SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3)
PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM
INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Cohen. Vice Mayor Rogers-Libert opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (6-0 with Mayor Perlow absent
from the room) and Ordinance No. 2001-16 was enacted.
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9. RESOLUTIONS: None.
Mayor Perlow returned to the room at this time.
11. PUBLIC COMMENTS: Ginger Grossman, W. Country Club Drive.
12. REPORTS: As presented.
Mayor Perlow presented the City with a U. S. flag flown over the U. S. Capitol at the
request of Senator Bob Graham.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9:25 p.m.
Approved by the Commission on January 8, 2002.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or headng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
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FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
BESKIN, JAY R.
AVENTURA t,[lAH[ - DADE
DATE ON WHICH VOTE OCCURRED
NOVEt~ER 6, 2001
CITY OF A~ CITY CO{~flSSION
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMrFrEE ON
WHICH I SERVE IS A UNIT OF:
CITY OF A~
.WHO MUST FILE FORM 8B
This farm is for usc by any person scrving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to memhers of advisory and non-advisory bodies who are presented
with a voting conflict of interest under ~sction 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 the reversc side 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 inures to hie or her special private gain or Ices. Each elected or appointed local officer also is prohibited from knowingly voting
on a measure which inures to the special gain or lass of a principal (other than a government agency) by whom he or she is retained
(including the parent organization or sub, diary ofa corporato principal by which he or she is retained); to the special private gain or
loss of a relative; or to the Slx~cial private gain or loss of a business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F.S., and officers ofindepondent spi~ial tax districts elected on a one-acre, one-vote basis are not pre-
habited from voting in that capacity.
For purpose of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-
in-law, moth~r-in-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on
a business enterpriso with the officer as a partner, joint venturer, coowner o/' property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
, . · · · . · · · · · · · · · ·
l~l.le.~,-l-llD 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 m~eting, who should incorporate the form in the minutes.
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-
cers. In order to participate in thesc matters, 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 Wu.I. BE TAI~N: .... ,
· You must complete and file thi~ form (before making any attempt to influenc~ the decieinn) with tho person rosponsible for
recording the minutes of the masting, who will incorporate the form in the minutes.
* A copy of the form must he provided immediately to the other memhers of the agency.
· The form must be read publicly at the next meeting alter the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclo~ ~SSly tbs nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote eccurs with the person responsible for recording the
minut~ of the meeting, who must imx~porato the form in the minutes. A copy of the form must be provided immediately to the
other members ~i' the agency, and the form must be read publicly at the next meeting aitor the form is filed.
Jay R. Beskin
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby dlselose that on lqovember 6, 2001
I, ~ :
(a) A measure came or will come before my agency which (check one)
inured to my spe~ss private gain or loss;
inured to the spec/sS gain or loss of my business R=~ciate, ;
inured to the specisS ga/n or loss of my rehtt/ve, ;
inured to the spec/a] gain or loss of , by
whom I am retained; or
inured to the special gain or loss of , which
is the parent organ/zatio~ or subefidiary ora 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~enda Item 6-D - Appointment of Shirlee Levin to Coasaanity Services Advisory Board
Shirlee Levin is my client
//. o
Date Filed
Signa~ - ~ ay
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPRACHMENT, REMOVAL OR SUSPENSION FROM OY~'ICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
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