11-12-2002MINUTES Aventura Government Center
CITY COMMISSION MEETING lg=OO w. country Club Drive
NOVEMBER 12, 2002 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:23 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg,
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:
A motion to address item 5 at this time was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Holzberg and unanimously passed.
5. SPECIAL PRESENTATIONS: Russ Marchner, Executive Director of the Dade
County League of Cities, Inc., presented the Commission with a plaque in appreciation
of their participation in the League. He also requested the Commission to consider 3
legislative issues concerning library funding, homeland security and equal treatment of
all immigrants.
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 A VARIANCE FROM SECTION 31-
193(e)(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW
MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON
THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS
SOUTH OF IVES DAIRY ROAD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Vice Mayor Holzberg. Planning Director Joanne Carr explained the request of
the applicant and entered the staff report into the record. Mayor Pedow opened
the public hearing. The following individuals addressed the Commission: John
Immer, Esq., 1101 Brickell Avenue, representing Clear Channel; Roy Lustig,
2600 Douglas Road, Coral Gables; Mr. Greenfield, 3766 NE 209 Terrace,
Golden Point; Syd Kozlovsky, Realtor in Aventura/Sunny Isle Beach; Dr. Eric
Albin, 3733 NE 209th Terrace; Steven Lakowitz, NE 183rd Street; Senator Ron
Silver, 12000 Biscayne Boulevard, Glenn Gopman, 2010 NE 198 Terrace; Marvin
Schulhoff, 20871 NE 37th Avenue; Manny Medido, Real Estate Representative
for Clear Channel; and Joseph Platnick, 18071 Biscayne Boulevard. There being
no further speakers, the public hearing was closed. A motion to defer this matter
to the January 7, 2003 Commission meeting and discuss further at the
Commission Workshop on November 21, 2002 was offered by Commissioner
Rogers-Libert, seconded by Vice Mayor Holzberg and unanimously passed
4, AGENDA: Request for Deletions/Emergency Additions: None.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F from
the Consent Agenda. Mayor Perlow declared his conflict of interest as to item 6-E and
did not vote on that item only. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner
Berger unanimously passed and the following action was taken:
A. Minutes were approved as follows:
October 1,2002 Commission Meeting
October 31, 2002 Workshop Meeting
B. The following motion was approved:
MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF
COMMISSIONER PATRIClA ROGERS-LIBERT TO THE FLORIDA
LEAGUE OF CITIES' RETIREMENT, PERSONNEL & COLLECTIVE
BARGAINING COMMITTEE AS VICE CHAIR
C. Resolution No. 2002-64 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
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. The following motion was approved:
MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF
BARBARA BUXTON, ESQ. AND HERBERT L. KLIGER, J.D. AS
SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS.
2
E. The following motion was approved:
MOTION TO APPROVE REQUEST BY DAVID MENDAL FOR
EXTENSION OF TIME FOR COMPLETION OF SITE WORK AT 19145
BISCAYNE BOULEVARD, AS PROVIDED FOR IN RESOLUTION NO.
2002-52, IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM
DATED NOVEMBER 5, 2002.
The following item was removed from the Consent Agenda and addressed separately:
F. Mr. Wolpin read the following ordinance by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LETTER AGREEMENT BETWEEN CITY
OF AVENTURA AND BUCK CONSULTANTS FOR A PENSION
BENEFITS STUDY; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Harry Kilgore, Finance Support Services Director, addressed the
Commission. A motion for approval was offered by Commissioner
Rogers-Libert, seconded by Commissioner Berger, unanimously passed
and Resolution No. 2002-65 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH
(c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF
SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION
31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143
"RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B"
DISTRICT, PARAGRAPH (b) OF SECTION 31-t44 "BI" DISTRICT,
PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH
(d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF
SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-
144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TCI"
DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN
ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS
PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS
CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING
3
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 Rogers-Libert and seconded by Commissioner
Cohen. There was no public input. The motion for approval passed
unanimously by roll call vote.
PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE FRANCHISE AGREEMENT BETWEEN THE CITY AND
COMMUNITY CABLE TELEVISION BY EXTENDING THE EXPIRATION
DATE OF THE FRANCHISE AGREEMENT FROM APRIL 22, 2008 TO
APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. 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, 2002-27 was enacted.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" ARTICLE V "DEVELOPMENT
REVIEW PROCEDURES", AT PARAGRAPH (D) "FILING OF
APPLICATIONS" OF SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
PROFESSIONAL STAFF (OTHER THAN THE CITY MANAGER)
CONCERNING A PENDING QUASI-JUDICIAL APPLICATION FOR A
DEVELOPMENT PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION AND
DISTRIBUTION OF THE CITY MANAGER'S WRITTEN
RECOMMENDATION; AND AMENDING CHAPTER 34 "PLANNING
AND ZONING", ARTICLE II "QUASI-JUDICIAL MATTERS", AT
SECTION 34-34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE MERITS
OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT OF A PENDING
4
QUASI-JUDICIAL APPLICATION, OUTSIDE OF THE PUBLIC
HEARING PROCESS; 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. Mayor Pedow opened the public
hearing. Dr. Albin addressed the Commission. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2002-28 was enacted.
10.RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: None.
13. REPORTS. As submitted.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and u~nimously pas
adjourned at 8:45 p.m.
'~a M. Soroka~
Approved by the Commission on January 7, 20037.
.~eeting
2,, City Clerk
Anyone wishing to appeal any decision made by the City Commissicn 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.
5
FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
m
DATE Obi WHICH VOTE OCCUR. RED
II- 1~-- o~-
NAME OF POLITICAL SUBDMSION:
.WHO MUST FILE FORM 8B
This fm~n is for use by any person serving at the county, city, or other ]eca] level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisel'y 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 yon have a conflict of interest will vary greatly
depending on whether you hold an elective or appointive pe~tion. For this reason, please pay close attention to the instructions on
this form hefore completing th~ 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 ]eeal public office MUST ABSTAIN from voting on a measure
which inures to his or her special private gain or loss. Each elected or appointed local ofcer 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 subsidiary of a corporate principal by which he or she is retained); to the special private gain or
]o~e of a relative; or to the special private gain or lose of a business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F~., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pro-
hibited from voting in that capacity.
For purpcees of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sistor, father-
in-law, mother-in.law, son.in-law, and daughter-in-law. A 'business associate' me, ms any pareori or entity engaged in or carrying on
a business enterprise with the officer as a partner, joint venturer, ccowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
In addition to abstaining from voting in the situations described above, yon 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 OFFiCER~
Yon must abstain from voting and disclcoe the conflict in the situations described above and in the manner described for alected offi-
cere. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the
dacision, whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ~ A'I-£EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKRN: ,
· You must complete and file this form (before making any attempt to influence the dscisi0n) with tho person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form must he provided immediately to the other memhere of the agency.
· The form must be read publicly at the next meeting after the form is filed.
I~ YOU MAKE NO A'rrEMPT TO INPLUENCE TI~ DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose ~rally the nature cf your conflict in the measure before participating.
· You m'~st complete the form and file it within 15 days atter 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 provi~led immediately to the
other members of the a~ency, and the form must be read publicly at the next meeting ai~r the form is filed.
DISCLOSURE OF LOCAL OFFICER's iNTEREST
~)~'~. LO~ , hereby discl~e that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain Or less;
inured to the special ~aln or loss of my business as~clate,
inured to the special ~in or leas of my relative,
inured to the ~pecial galn or loee of /~014 ~/~ ltlT
inured to the special ~in or loss cf
iS the parent or~ulizatiml or subsidiary of a principal which bas retained me.
(b) The measure beffore my a~ency and the nature of my conflictin~ interest in the measure is as follows:
NOTICE: UN'DER PROVISIONS OF FLORIDA STATO'~'~S §112.317, A FAILURE TO MAKE. ANY REQUIRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOVflNG:
IMPEA~, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCriON IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - REV. 1/95 PAGE 2