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02-01-2000 MINUTES LOCAL PLANNING AGENCY MEETING TUESDAY, FEBRUARY 1, 2000 6 PM Biscayne Medical A~ls Center 21110 Biscayne Boulevard Suite 101 '1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Mayor Snyder led the pledge of allegiance. 3. PUBLIC HEARINGS: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED WAY BETWEEN EAST COUNTRY CLUB DRIVE AND MYSTIC POINT DRIVE FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend to the City Commission adoption of this ordinance was offered by Commissioner Perlow and seconded by Commissioner Holzberg. Brenda Kelley, Community Development Director, addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public heating. The following individuals spoke to this issue: Donald Softer, developer of the subject property; Eileen Kramer, Marina Tower at Turnberry; Harold Semel, Tower 200, Mystic Point; Clement Softer, 19355 Turnberry Isle; Michael Heiman, Esq., counsel for Mystic Point; Sheila Holzman, Mystic Point; Carol Newfield, Tower 200 Mystic Point; Troy Viscount, Country Club Estates; Joyce Fox, Mystic Point; Ernie Helmridge, Turnberry; Seymour Gottlieb,South Tower; Murray Goldfarb, Mystic Point; Bruce $ofer, Mystic Point; Lou Gordon, Mystic Point; Ruth Antinoff, Turnberry; Murray Kozer, Aventura; Al Pikovsky, Mystic Point; Jeffrey Bercow, Esq.; 200 S. Biscayne Blvd., attorney for the applicant; Fred Coopersmith Tower 200, Mystic Point; and Sam Levine, future resident of Hidden Bay. There being no further speakers, the public hearing was closed. A motion to defer this matter to the Commission meeting in April to provide for further discussion at a Workshop and Town Hall Meeting was offered by Commissioner Perlow and seconded by Commissioner Cohen. The motion for deferral passed 6-1, with Commissioner Beskin voting no. Mayor Snyder presented Certificates of Appointment to the members of the Beautification Advisory Board. (Five minute recess at this time) B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NE 28 COURT AND NE 185 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual spoke to this issue: Ben Fernandez, Esq., 200 S. Biscayne Blvd. There being no further speakers, the public hearing was closed. The motion passed unanimously. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT 2890 NE 187 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously. D. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND THEORETICAL NE 32 AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. 2 A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Vice Mayor Berger and seconded by Commissioner Cohen. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual spoke to this issue: Dr. Barry Silverman. There being no further speakers, the public hearing was closed. The motion passed unanimously. E. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE THREE CONTIGUOUS PROPERTIES LOCATED ALONG THE EAST FRONTAGE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET FROM TOWN CENTER TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE, A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Berger. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion passed 6-0. Commissioner Perlow left the room at the beginning of the discussion for this item and was not present for the vote. F. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 29TM AVENUE BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Vice Mayor Berger and seconded by Commissioner Cohen. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. Mr. Platnick, 18071 Biscayne Blvd., addressed the Commission. There being no further speakers, the public hearing was closed. It was noted that all references to 29th Avenue ware a scrivener's error and would be changed to 30th Avenue. The motion for appreval of the ordinance, as amended, passed unanimously. G. Mr. Weiss read the following ordinance by title: 3 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Vice Mayor Berger and seconded by Commissioner Rogers-Libert. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. Clifford Schulman, Esq., 1221 Brickell Avenue, addressed the Commission. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously approved to incorporate Exhibit 2, the map, by reference. The motion for approval, as amended, passed unanimously. H. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213 STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for adoption and transmittal to the Florida Department of Community Affairs was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Berger. Mr. Weiss entered the staff report into the record. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously. I. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY ADDING SIX (6) NEW POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption and transmittal to the Florida Department of Community Affairs was offered by Vice Mayor Berger and seconded by Commissioner Cohen. Ms. Kelly addressed the Commission and entered the staff report into the record. Mayor Snyder opened the public hearing. There 4 being no speakers, the public hearing was closed. Vice Mayor Berger moved, seconded by Commissioner Rogers-Libert, to amend to delete the word "public" in reference to schools. The amendment passed unanimously. The motion as amended, passed unanimously. 4. ADJOURNMENT: There being no further business to come before the Local Planning Agency at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:40 p.m. Te,.re~a M. Soroka~_gMC, C~ity Clerk Approved by the LPA on March 7, 2000. 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. 5 FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlo~, Jeffrey N. City of Aventura Commission and ~ca[ Pi~ ~No ~o~ ~ ~,~c~ ~o~, A~ OR ~ o~ 2999 ~ lglst Street Suite 500 ~IS~A~TOF: ~ity Of Av~tura .WHO MUST FILE FORM 8B This farm is f~ uae by any person serving at the county, city, or other lecal level of government on an appointed or elected board: council, commission, authority, or committee. It applie~ equally to membece of advisory and non-advisory bodies who are presented with a voting conflict ofinterest under Section 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 mason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPUANCE 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 loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or imm of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principel 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 under Se~ !63.356 or ! 63.357, F~., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pre- hibited from voting in that zapocity. For purpeses 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 eesociste' memm 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 uny national or rc%,ional stock exchange). I~I .E~,-i'p.~ OFFICERS: In addition te 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. APPOIN'r~D OFylCER~ You must alMtnin from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cern. In order to participate in these m~ you must disclose the nature of the conflict before making any attempt te influence the decision, whether orally or in writing and whether made by you or at your direction. IY YOU INTEND TO MAKE ANY ATrEMPT ~Y) INFLUENCE TIIE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WU.T, BE TAKEN: · You must coraplete and file thiz form (before m~king any attempt to influonee th~ decision) with th~ person ro~ponsible for recoiling the minutes of the meeting, who will incorporate the fo~m in the minutee, * A copy of the form must be provided immediately to the other memhem of the agency. · The form must be read nubliclv at th~ next me~tin~ ~t~r ~ha farm ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally tim nature of your conflict in the measure before participating. · You must complete the form and file it within 15 day~ after the vote occurs with the person responsible for recording the m/nut~ of the meeting, who must ineerpceate the fo,,,, in the minutes. A copy of the form must he provided immediately to the other memhere of the agency, and the form must be read publicly at the next meet/ng after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey 14. Perlow ,herchydiecloeethatoe February 1,2000 ,19. : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the epecial gain or loss of my business associate, ; inured to the special gs/n or 1~s of my relative, ; ~. inured to the ~pecial gain or loss of ~t~ g*-~5~ C~)VC~ ,by whom I am retained; or inured to the special gain or lose of , which is the parent organization or suheidiary of a principal which has retained me. Co) The measure before my agency and the nature of my confficting interest in the measure is as follows: Local Planning Agency Agenda item 31/ and City C~,,,,,-iasion Agenda item ?E (same subject matter) Date NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MA~KE_ ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMElqT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPBIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - REV. '~5 PAGE 2