05-07-2002 MINUTES
CITY COMMISSION MEETING
MAY 7, 2002 6 PM
Aventura Government Center
19200 W. Country Club Ddve
Aventura, Flodda 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:31 p.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Mayor Perlow, Vice Mayor
Arthur Berger, 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.
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.
Mayor Perlow left the reom at this time.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 85 PARKING SPACES WHERE 86 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 AND
18909 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE
Joanne Carr, Senior Planner, explained the request of the applicant and entered
the staff report into the record. Vice Mayor Berger opened the public hearing.
The following individual addressed the Commission: Stanley Price, Esq., 2500
First Union Financial Center. There being no further speakers, the public hearing
was closed. A motion for approval was offered by Commissioner Cohen,
seconded by Commissioner Rogers-Libert, unanimously passed (6-0 with Mayor
Pedow absent from the reom) and Resolution No. 2002-21 was adopted.
Mayor Pedow returned to the reom at this time.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Board of Directors of the Aventura Cultural Center Foundation, Inc.
Miami-Dade County School Board member Betsy Kaplan addressed the Commission
regarding Charter Schools.
6. CONSENT AGENDA: Commissioner Holzberg requested removal of item 6B from
the Consent Agenda. A motion to approve the remainder of the Consent Agenda was
offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen,
unanimously passed and the following action was taken:
A. Minutes were approved as follows:
April 2, 2002 Workshop Meeting
April 2, 2002 Commission Meeting
April 12, 2002 Workshop Meeting
April 26, 2002 Workshop Meeting
April 30, 2002 Workshop Meeting
C. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 2001
D. Resolution No. 2002-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENTS FROM GULFSTREAM PARK RACING
ASSOCIATION AND DAYTON-HUDSON CORPORATION TO THE CITY
OF AVENTURA TO INSTALL, ACCESS AND MAINTAIN THE
STREETLIGHT ELECTRICAL SYSTEM ON NE 213TM STREET:
AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE
INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2002-23 was 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
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OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution No. 2002-24 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF
OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 2002-25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following motion was approved:
MOTION TO ADOPT THE AVENTURA COMMUNITY RECREATION
CENTER PROGRAMMING MATRIX AS RECOMMENDED BY THE
COMMUNITY SERVICES ADVISORY BOARD AND SET FORTH IN THE
CITY MANAGER'S MEMORANDUM DATED APRIL 30, 2002
The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,974
FOR SWAT EQUIPMENT, BADGES, CRIME SCENE OFFICE
FURNITURE, RIFLES FOR HONOR GUARD AND FORFEITURE FUND
LEGAL EXPENSES FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED
APRIL 30, 2002
Resolution NO. 2002-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
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SUBMIT AN EMERGENCY MANAGEMENT GRANT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR THE AVENTURA
EMERGENCY OPERATIONS CENTER; AUTHORIZING THE
COMMITMENT TO PROVIDE $150,118.80 IN MATCHING FUNDS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
K. Resolution No. 2002-27 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA STRONGLY OPPOSING THE OPENING OF
THE NE 199TM STREET RAILROAD CROSSING; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
L. Resolution No. 2002-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following item was removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR
HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE
BOULEVARD PHASE 7 BY AND BETWEEN THE CITY OF AVENTURA
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. The motion for approval passed
unanimously and Resolution No. 2002-29 was adopted.
ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "HOTEL";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion to defer this matter to the June Workshop Meeting was offered
by Commissioner Holzberg, seconded by Commissioner Cohen and
unanimously passed.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND THE DEFINITION OF "BUILDING";
AMENDING SECTION 31-75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission. 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 Rogers-
Libert, and seconded by Commissioner Cohen. There being no public
input, the motion for approval passed unanimously by roll call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2 ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE II "DEPARTMENTS", SECTION 2-61 "CREATED" TO
PROVIDE FOR INCLUSION OF THE CHARTER SCHOOL AS A
DEPARTMENT OF GOVERNMENT WITHIN THE CITY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Cohen. There being no public input, the
motion for approval passed unanimously 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
THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT
3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Rogers-Libert. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No, 2002-13 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: The following individual addressed the Commission: Bruce
P, osenblatt, Turnberry Towers.
13. REPORTS: As presented.
14. 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 7:O3 p.m. ~ j/~/~
T~'~/9~a a. Sorpk-a,ICMC~City Clerk
Approved by the Commission on June 4, 2002. ~
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing 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.
6
FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM E--~FIB~T NAME---M/DDLE NAME NAME. O~ BOARD. COUN~I~ COMMISSION, AUTHO .RITY, OR COMMI'ITF. E
MAIl.lNG ADDRESS
DATE ON WHICH VOTE OCCURRED
NAME OF POLITICAL SUBDMSION: A
MY PO61TION IS:~ ~ELECTIVE
APPOINTIVE
.WHO MUST FILE FORM 8B
This fce'm is fc~ use by any person serving at the county, city, or other local level of government on an appointed or elected Ixmrd,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Sectiou 112.3143, Florida Statute~
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 reverse 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 his or her special private gain or Icas. Each elected or appointed local officer also is prohibited from knowingly voting
on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent organization or sub, diary of a corporate principal by which he or she is retained); to the special private gain or
lcos of a relative; or to the special private gain or ~ of a business associate. Coramissionere of community redevelopment agencies
under Sec. 163.356 or 163.357, Fa., and officers ofindepondent special tax districts elected on a one-acre, one-vote basis are not pro-
hibitod from voting in that capacity.
For purpose of this law, a 'relative' includes only the officer's father, mother, son, daughter, h--~,~d, wife, brother, sister, father-
in-law, mothor-in-law, son-in-law, and daughter-in-law. A 'business associate' means any perec~ or entity engaged in or cat'r~ng
a business enterprise with the off'leer as a partner, joint venturer, coowncr of property, or corporate shareholder (where the shares of
the corporation are not listed on any natimud or regional stock exchange).
In addition to ahetuining 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 abetainiug from voting;,
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
tho minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED O~ICERS:
You must abstain from voting and dieclese the conflict in the situations described above and in the manner described for elected offi-
core. In order to participuto in these matters, you must disclose the nature of the conflict before making any attempt to influence the
decision, whether orally er in writing and whether made by you or at your direction.
1Y YOU INTEND TO MAKE ANY A'ri'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WIlI. BE TAKEN: '
· You must complete and file this form (hefora 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.
· A copy of the form must be provided immediately to the other members of the agency.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You mtmt di~doas orally the nature ~your confl/ct in the measure before parfic/pafing.
* You mu~t complete the form and file it within 15 day~ a/~er the vote cccur~ with th~ person responsible for recording the
m/nutee ot'the mastic, who mu~t immrporate the form in the minutes. A copy of the form mtmt he provided immediately to the
other memhere of the egency, and l~h~ form~ must he rea,d ~ublicly at the next meeting a/'~er the form is fil~ ®d'.
DISCLOSURE OF LOCAL. OFFiC~R'g INTEREST
(a) A measure camo or will come before my a~ency which (check one)
inured to my ~cial private gain or 1o~;
inured to the ~/al gain or ]oas of my business a~mgiate,
inured to the ~c/a] g,a/n or ]cos of my relative,
~//inured to the ~cial gain or loss of ~ ~ ~"¢#~/"
wh~ I am remino/; or
inured to the ~cial gain or 1o~ of
is the parent organ/zatic~ or ~uhe/diary ofa pr/nc/p~l wh/ch ha~ retained me.
(b) The measure before my agency and the nature of my confl/cfing interest in the measure is as follows:
, which
l~te Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATD'£ES §112.317, A FAILURE TO ~ ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOV~ING:
IMPEACHMENT, REMOVAL OR SUSPENSION FRoM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
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