05-06-2003 MINUTES
CITY COMMISSION MEETING
MAY 6, 2003 6 PM
(following LPA meeting)
Aventura Government Center
19200 W, Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order immediately
following the 6 p.m. Local Planning Agency meeting by Mayor Jeffrey M. Pedow.
Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond,
Vice Mayor Manny Grossman, Mayor Perlow, City Manager Eric M. Soroka, and City
Attorney David M. Wolpin. Commissioner Harry Holzberg and City Clerk Teresa M.
Soreka were absent due to illness. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE:
(Items 5 and 6 taken out of order at this time)
5. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to the
new members of the Cultural Center Foundation Board of Directors and Community
Services Advisory Board. The Aventura Optimist Club presented the Mayor and City
Commission with plaques in appreciation of their support.
6. CONSENT AGENDA: Commissioner Cohen requested removal of item 6-G from
the Consent Agenda. A motion to approve the remainder of the Consent Agenda was
offered by Vice Mayor Grossman, seconded by Commissioner Diamond, unanimously
passed by roll call vote and the following action was taken:
A. Minutes were approved as follows:
April 1,2003 Commission Meeting
April 22, 2003 Workshop Meeting
B. Resolution No. 2003-35 was adopted as follows:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76, AS
AMENDED BY RESOLUTION NOS. 2002-01 AND 2003-04 WHICH
APPROVED APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD BY
AMENDING SECTION 2 IN ORDER TO FILL A VACANCY; AND
PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2003-36 was adopted as follows:
D=
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT ON THE AVENTURA
CHARTER ELEMENTARY SCHOOL SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING AN EFFECTIVE DATE.
Resolution No. 2003-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 03-3-14-2, NEWS VENDING MACHINES TO DON BELL
SIGNS AT THE BID PRICE OF $23,459.28; 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.
Mr. Wolpin read the following ordinance by title which was adopted on first
reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 200212003 FISCAL
YEAR BY REVISING THE 200212003 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 2002.
Resolution No. 2003-38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA, ADJUSTING THE 2002~03 FISCAL YEAR
CHARTER SCHOOL FUND BUDGET AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
I. Resolution No. 2003-39 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.
J. Resolution No. 2003-40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN AVENTURA LAKES HOMEOWNERS
ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
K. Resolution No. 2003-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE RE-APPOINTMENT OF
MEMBERS TO THE AVENTURA CULTURAL CENTER FOUNDATION,
INC.; AND PROVIDING AN EFFECTIVE DATE.
3. ZONING HEARINGS: Ex-paRe communications by Commissioners, if any, were
disclosed and filed in accordance with City Code Section 34. All witnesses giving
testimony in these hearings were sworn in.
At the applicant's request, a motion for deferral of application by Williams
Island Synagogue, Inc. 04-CU-03 for conditional use approval for
establishment of a synagogue in multifamily high density residential
(RMF4) district until June 3, 2003 was offered by Commissioner Cohen,
seconded by Vice Mayor Grossman and unanimously passed.
Mayor Perlow left the meeting at this time.
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(Items 3B and 3 C were heard together as one public hearing.
B. Mr. Wolpin read the following resolutions by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING THAT PORTION OF BERKELEY
AVENUE (NE 27 COURT) BETWEEN MARYLAND WAY (NE 209
STREET) AND SEABREEZE DRIVE (NE 211 STREET) LYING
BETWEEN BLOCK K AND BLOCK L OF HALLANDALE PARK NO. 6;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
C=
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO PERMIT A SIX-STORY AUTOMOBILE PARKING GARAGE IN THE
MEDICAL OFFICE DISTRICT AS A STAND-ALONE USE; GRANTING
APPROVAL OF A VARIANCE FROM SECTION 31-144(F)(4) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT
YARD SETBACK OF 25.5 FEET WHERE A 50 FOOT SETBACK IS
REQUIRED BY CODE; GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(F)(4) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A REAR YARD SETBACK OF 8.1 FEET
WHERE A 25 FOOT SETBACK IS REQUIRED BY CODE; GRANTING
APPROVAL OF A VARIANCE FROM SECTION 31-144(F)(4) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN
SPACE OF 27% WHERE 39% IS REQUIRED BY CODE; ALL FOR
PROPERTY LOCATED AT 21097 AND 21099 NE 27 COURT;
PROVIDING AN EFFECTIVE DATE.
A motion for approval of item 3B was offered by Commissioner Beskin and
seconded by Commissioner Auerbach. Joanne Carr, Community
Development Director, explained the requests of the applicant and entered
the staff reports into the record. Vice Mayor Grossman opened the public
hearing. The following individuals addressed the Commission: Cliff
Shulman, Esq., Davide Carbone, George Legeti, representing the
applicant; Nina Blyer, Orthopedic Care Center Administrator and Robert
Burroughs. There being no further speakers, the public headng was
closed. The motion for approval of item 3B passed unanimously (5-0) by
roll call vote and Resolution No. 2003-42 was adopted.
A motion for approval of item 3C was offered by Commissioner Diamond
and seconded by Commissioner Beskin. An amendment was offered by
Commissioner Diamond, seconded by Commissioner Beskin and
unanimously passed to incorporate the landscaping plan and revise the
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"Unity of Title" to be "Declaration of Unity of Title". The motion for
approval, as amended, passed (4-1), with Commissioner Cohen voting no,
and Resolution No. 2003-43 was adopted.
Mayor Pedow returned to the meeting at this time.
D. 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-
238(k) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW MECHANICAL EQUIPMENT, WHICH IS LOCATED OUTSIDE A
BUILDING, TO BE LOCATED IN THE FRONT YARD WHERE
MECHANICAL EQUIPMENT IS PERMITTED ONLY IN SIDE OR REAR
YARDS BY CODE; GRANTING VARIANCE FROM SECTION 31-238(k)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW
MECHANICAL EQUIPMENT WITH A SETBACK OF 21 FEET FROM
THE PROPERTY LINE, WHERE A MINIMUM SETBACK OF 26 FEET IS
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 2600 ISLAND
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Vice Mayor Grossman and
seconded by Commissioner Diamond. Ms. Carr explained the request of
the applicant, offered a revised Resolution for consideration and entered
the staff report into the record. Mayor Perlow opened the public headng.
The following individuals addressed the Commission: Michael Snyder,
Esq., Mike Garcia, and Diane Herrari, representing the a~oplicant; Arthur
Ellis, Eastern Shores; and Evelyn Sharpe, 3745 NE 136"' Street. There
being no further speakers, the public hearing was closed. An amendment
was offered by Commissioner Cohen, seconded by Commissioner
Diamond and unanimously passed to provide as follows: a) amend
paragraph 2, page 3 to provide that the permit shall be applied for and
obtained within 30 days; b) existing facility shall be shut down within one
day after issuance of certificate of completion; and c) the sound
abatement to be determined by the City Manager. The motion for
approval, as amended, passed unanimously and Resolution No. 2003-44
was adopted.
4. AGENDA: Request for Deletions/EmergencyAdditions: None.
6. CONSENT AGENDA (continued): The following item was removed from the
Consent Agenda and addressed separately:
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MOTION TO APPROVE THE LIONS FOR THE CHILDREN OF
JERSUALEM PROJECT IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM DATED APRIL 29, 2003.
A motion to table this matter until May 20, 2003 was offered by Vice Mayor
Grossman, seconded by Commissioner Diamond and passed 4-2, with
Commissioners Beskin and Cohen voting no.
7. ORDINANCES - FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-143(g) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICTS (RMF3B)" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PROVIDE OPPORTUNITY FOR HEIGHT BONUSES,
TRANSFER OF DENSITIES AND LOT COVERAGE CREDIT WHERE
DEDICATIONS FOR CERTAIN PUBLIC LANDS ARE PROVIDED;
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
Grossman 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 5-1, by roll call vote, with Commissioner Beskin
voting no.
8. PUBLIC HEARING: ORDINANCES- SECOND READING: None.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and u)'~animously ~s, sed, t~he meeting
adjourned at 9 p.m. -~~ ~/~_// ~'~'~ ~c~
T~saM.Soro~ :M~C, ~ Clerk
Approved by the Commission on June 3, 2003.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter coasidered 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
Perlow, Jeffrey
MAILING ADDRESS
19200 West Country Club Drive
CITY COUNTY
Aventura N~ ~m~-D~de
DATE ON WHICH VOTE OCCURRED
¥oy 6. '}003
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI~FTEE
City Co~m~ ~sion
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~ CITY [3 COUNTY [] OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
City of Aventura
MY POSITION IS: --
x~3 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 equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda 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 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 Ioca~ public office MUST ABSTAIN from voting on a measure which
inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea~
sure 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 loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies 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 sharehoider (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 min-
utes 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 otherwise may participate 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 other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
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
I,__ Jeffrey H. Perlo~ ____, hereby disclose that on Nay 6 .2003 :
(a) A measure came or will come before my agency which (check one)
__ 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 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:
Items 3B and 3C
I serve as a member of the Board of Trustees of the aoplicant, Aventura Hospital
and l~edical Center.
Date Filed
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 8B - EFF. 1/2000 PAGE 2