09-02-2003MIN UTES Aventura Government Center
CITY COMMISSION MEETING 19200 w. Country Club Drive
SEPTEMBER 2, 2003 6 PM Aventura. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, 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: Margo Absher led the pledge of allegiance.
3. ZONING HEARINGS:
The following items 3-E and 3-F were taken out of order.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO PERMIT AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL
BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0.344
ACRES FROM LAND TO BE DEDICATED TO THE CITY OF
AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET;
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO PERMIT AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL
BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN
MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216
ACRES FROM LAND TO BE DEDICATED TO THE CITY OF
AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET;
PROVIDING AN EFFECTIVE DATE.
At the applicant's request, a motion to defer items E and F to the October
7, 2003 Commission meeting was offered by Commissioner Diamond and
seconded by Vice Mayor Grossman. Mayor Perlow declared his conflict of
interest and did not vote on this procedural item. The motion passed 6-0.
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 November 4, 2003,
with the stipulation that this would be the final deferral, was offered by
Vice Mayor Grossman and seconded by Commissioner Diamond. Cliff
Schulman, Esq., representing the applicant, requested that the
Commission defer this item to the October 7, 2003 Commission meeting.
The motion, as presented, passed unanimously by roll call vote.
Ex-paRe 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 City Clerk Teresa M. Soroka.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
HARBOUR CENTRE LOCATED AT 18851 NE 29TM AVENUE, TO
PERMIT A WALL SIGN OF 71 SQUARE FEET ON A BUILDING
ELEVATION THAT FACES AN ADJACENT RESIDENTIALLY ZONED
PROPERTY WITHIN 300 FEET OF THE ELEVATION, WHERE WALL
SIGNS ARE NOT ALLOWED BY CODE; PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. Joanne Carr, Planning Director, explained
the request of the applicant and entered the staff report into the record.
An amendment was offered by Commissioner Auerbach and seconded by
Commissioner Holzberg to amend Section 1 Condition 3 of the resolution
to provide that illumination shall cease at 7 p.m. An amendment was
offered by Commissioner Diamond and seconded by Commissioner
Auerbach to amend Section 1 Condition 3 of the resolution to provide that
illumination shall cease at 8 p.m. during daylight savings time and 7 p.m.
at all other times. Mayor Pedow opened the public hearing. The following
individual addressed the Commission: Stanley Price, Esq., 2500
Wachovia Towers, representing the applicant. There being no further
speakers, the public hearing was closed. The amendment to provide that
illumination cease at 8 p.m. during daylight savings time and 7 p.m. at all
other times failed, 2-5, with Commissioners Auerbach and Diamond voting
yes and Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman
and Mayor Perlow voting no. The amendment to provide that illumination
shall cease at 7 p.m. failed 1-6, with Vice Mayor Grossman voting yes and
Commissioners Auerbach, Beskin, Cohen, Diamond, Holzberg and Mayor
Pedow voting no. The motion for approval of the resolution as presented
passed 6-1, with Vice Mayor Grossman voting no and Resolution No.
2003-56 was adopted.
C. Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
NORTHERN TRUST BANK LOCATED AT 18909 NE 29th AVENUE, TO
PERMIT TWO (2) WALL SIGNS WITHIN 300 FEET OF A RESIDENTIAL
PROPERTY, WHERE WALL SIGNS ARE NOT ALLOWED BY CODE,
AND TO PERMIT THE PRIMARY AND SECONDARY WALL SIGNS TO
BE THE SAME SIZE AT 35 SQUARE FEET EACH, WHERE THE
SECONDARY SIGN IS LIMITED TO FIFTY (50) PERCENT OF THE
SQUARE FOOTAGE OF THE PRIMARY SIGN; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. Ms. Carr explained the request of the
applicant and entered the staff report into the record. An amendment was
offered by Commissioner Cohen and seconded by Commissioner
Holzberg to amend Section 1 Condition 3 of the resolution to provide that
illumination ceases on the north sign at 6 p.m. and on the west sign at 9
p.m. Commissioner Beskin moved to delete the north sign. Motion died
for lack of second. A motion was offered by Commissioner Diamond and
seconded by Commissioner Auerbach to amend Section 1 Condition 3 of
the resolution to provide that illumination of the north sign ceases at 8 p.m.
and illumination of the west sign ceases at 9 p.m. Mayor Perlow opened
the public hearing. The following individual addressed the Commission:
Mr. Price, representing the applicant. There being no further speakers,
the public hearing was closed. Mayor Perlow made disclosures in
accordance with City ordinances. The amendment to provide that
illumination cease on the north sign at 8 p.m. and on the west sign at 9
p.m. failed 2-5, with Commissioners Auerbach and Diamond voting yes
and Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman and
Mayor Perlow voting no. The amendment to provide that illumination on
the west sign shall cease at 9 p.m. and on the north sign at 6 p.m. passed
unanimously by roll call vote. The motion for approval of the resolution, as
amended, passed 6-1, with Commissioner Beskin voting no, and
Resolution No. 2003-57 was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
A motion to address items 8A, 3D, 8B and 9A following the Consent Agenda was
offered by Commissioner Cohen, seconded by Commissioner Beskin and unanimously
passed.
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6. CONSENT AGENDA: Mr. Soroka noted that item 6-H has been removed from the
agenda. Commissioner Beskin requested removal of items 6-1 and 6-K,
Commissioner Holzberg requested removal of item 6-J and Commissioner Cohen
requested removal of item 6-L from the Consent Agenda. A motion to approve the
remainder of the Consent Agenda was offered by Commissioner Beskin, seconded
by Vice Mayor Grossman, unanimously passed and the following action was taken:
The minutes of the July 1, 2003 Commission Meeting, July 17, 2003
Special Meeting, and July 17, 2003 Workshop Meeting were approved.
B. Resolution No. 2003-58 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 VILLA DORADA CONDOMINIUM
ASSOCIATION, INC. 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.
C. Resolution No. 2003-59 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 AUTHORIZING THE APPROPRIATION OF UP TO $47,200
FOR THE CRIME AND PREVENTION PROGRAM AND THE
PURCHASE OF FILING CABINET SYSTEM AND SUPPLIES FOR
COMMUNITY PATROL/CRIME PREVENTION UNIT, OVERHEAD
PROJECTOR AND SWAT EQUIPMENT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED AUGUST 21, 2003.
E. Resolution No. 2003-60 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 0'1-0103-035
FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL
DISTRICT NE 213TM STREET CONNECTOR DRAINAGE
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.;
AND PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2003-61 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING AN EIGHTEEN (18) FOOT BY
TWENTY (20) FOOT EASEMENT TO THE CITY OF NORTH MIAMI
BEACH ON THE AVENTURA CHARTER ELEMENTARY SCHOOL
SITE; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE
DATE.
G. Resolution No. 2003-62 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY ACTION TO ACQUIRE THE FLORIDA DEPARTMENT OF
TRANSPORTATION SURPLUS PROPERTY LOCATED ON THE EAST
SIDE OF BISCAYNE BOULEVARD BETWEEN NE 202ND STREET AND
NE 203r~o STREET (PARCEL 6002, APPROXIMATELY .34 ACRE SITE);
ACKNOWLEDGING THE SURPLUS PROPERTY WILL BE UTILIZED
FOR PUBLIC PURPOSES AS OPEN SPACE LANDSCAPED AREA;
AND PROVIDING AN EFFECTIVE DATE.
M. Resolution No. 2003-63 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ENDORSING THE "NO PLACE FOR HATE"
CAMPAIGN SPEARHEADED BY THE MIAMI-DADE COUNTY
COMMUNITY RELATIONS BOARD AND ANTI-DEFAMATION LEAGUE;
PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES- SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
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LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 28
COURT AT NE 185 STREET, MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA
STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Diamond. Ms. Carr addressed the Commission. Mayor
Pedow opened the public hearing. The following individual addressed the
Commission: Jeffrey Bercow, Esq., 200 S. Biscayne Boulevard,
representing the Meroo Group, applicant. Mr. Soroka updated the
Commission on his discussions with Miami-Dade County Public Works
Department regarding the Miami Gardens Drive extension project, and the
Miami-Dade School Board staff regarding school impacts created by
additional residential units. The meeting recessed for five minutes during
this discussion. After detailed discussion, a motion was offered by Vice
Mayor Grossman, seconded by Commissioner Diamond and unanimously
passed to accept the applicant's voluntary contribution of $125,000 as a
supplemental impact fee to be used by the City for the City's Charter
School program or at City's sole discretion, transferred by City to the
Miami-Dade County School Board, which contribution shall be payable to
City at time of issuance of building permits for residential units and shall
be paid in the same proportion to which each permit issued bears to the
total number of dwelling units authorized by the City. Ed Llorca,
Mouriz/Salazar & Assoc., Architects, Martin Sims, Admiral's Port, and
Steven Lackner, Admiral's Port addressed the Commission. There being
no further speakers, the public hearing was closed. The motion for
approval of enactment of the ordinance, as amended, passed
unanimously by roll call vote and Ordinance No. 2003-09 was enacted.
ZONING HEARINGS: (Continued)
D. 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 31-143(f)(3)(d) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 12' FOR
TOWNHOMES, WHERE A 25' SETBACK IS REQUIRED BY CODE, TO
ALLOW A STREET SlDEYARD SETBACK OF 7.5' FOR TOWNHOMES,
WHERE A 20' SETBACK IS REQURIED BY CODE, TO ALLOW A
REAR YARD SETBACK OF 16' FOR TOWNHOMES WHERE A 25'
SETBACK IS REQUIRED BY CODE AND TO ALLOW A SIDE YARD
Se
SETBACK OF 10' FOR THE SOUTH CONDOMINIUM BUILDING,
WHERE A 25' SETBACK IS REQUIRED BY CODE; GRANTING
APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(a) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LOT
SIZE OF 1281 SQUARE FEET FOR TOWNHOMES, WHERE 1600
SQUARE FEET IS REQUIRED BY CODE; GRANTING APPROVAL OF
A VARIANCE FROM SECTION 31-171(b)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT TWO INTERIOR
PARKING SPACES FOR TOWNHOMES, WHERE ONE EXTERIOR AND
ONE INTERIOR SPACE IS REQUIRED BY CODE; GRANTING
APPROVAL OF A VARIANCE FROM SECTION 31-143(f)(3)(b) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A
BUILDING HEIGHT THAT CREATES A SHADOW ON ADJACENT
PROPERTY, WHERE THE CODE REQUIRES THAT ALL BUILDINGS IN
THE RMF4 ZONING DISTRICT EXCEEDING 100' IN HEIGHT SHALL
BE SITUATED SUCH THAT THE SHADOW CREATED BY THE SUN AT
12:00 NOON ON DECEMBER 21 WILL NOT FALL ON ANY ADJACENT
PROPERTY EXCEPT FOR PUBLIC ROAD RIGHTS.F-WAY;
GRANTING APPROVAL OF A VARIANCE TO ALLOW DRIVEWAY
SEPARATIONS OF 95' ON THE EXTENSION OF MIAMI GARDENS
DRIVE AND 25' ON NE 28 COURT, WHERE A MINIMUM SEPARATION
OF 150' OF LANDSCAPED FRONTAGE IS REQUIRED BY CODE; FOR
PROPERTY LOCATED ON NE 28 COURT AT NE 185 STREET, CITY
OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Vice Mayor Grossman. Ms. 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: Mr.
Bercow; Mr. Lloma. There being no further speakers, the public hearing
was closed. A motion was offered by Commissioner Beskin to provide
that applicant grant an easement to the City for use of a portion of the
property for a City entrance feature. Motion died for lack of second. The
motion for approval passed unanimously and Resolution No. 2003-64
was adopted.
RESOLUTIONS:
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING A 450 FOOT LONG SEGMENT
OF NE 28 COURT LYING SOUTH OF NE 185 STREET, TOTALING 0.72
ACRES; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE
A motion for approval was offered by Commissioner Cohen and seconded
by Vice Mayor Grossman. Ms. Carr addressed the Commission. Mayor
Pedow opened the public hearing. The following individuals addressed the
Commission: Mr. Bercow and Louis Soretsky, 555 NE 15~h Street, Title
Examiner. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Resolution No. 2003-65 was adopted.
8. PUBLIC HEARING: ORDINANCES - SECOND READING (Continued)
B. Mr. Wolpin 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 THREE PARCELS OF
LAND LOCATED ON NE 28 COURT AT NE 185 STREET, AND AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2,
COMMUNITY BUSINESS DISTRICT TO RMF4, MULTIFAMILY HIGH
DENSITY RESIDENTIAL DISTRICT; APPROVING A DEVELOPMENT
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for appreval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. Mayor Perlow opened the public hearing.
The following individual addressed the Commission: Mr. Bemow. There
being no further speakers, the public hearing was closed. The motion for
appreval passed unanimously by roll call vote and Ordinance No. 2003-
10 was enacted.
9. RESOLUTIONS: (Continued)
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS
APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY-
CARE/PRE-SCHOOL/ELEMENTARY/MIDDLE SCHOOL FOR
PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN
EFFECTIVE DATE.
8
Mr. Wolpin noted that pursuant to County Code, all Commissioners having
a conflict of interest must leave the reom at this time. Commissioners
Beskin, Cohen, Holzberg, Vice Mayor Grossman and Mayor Perlow
declared a conflict of interest as they serve on the Board of Directors of
the applicant and left the reom. A motion for approval was offered by
Commissioner Diamond and seconded by Commissioner Auerbach. Ms.
Carr addressed the Commission. The public hearing was opened. The
following individual addressed the Commission: Mr. Schuiman. There
being no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (2-0) and Resolution No.
2003-66 was adopted.
Commissioners Beskin, Cohen, Holzberg, Vice Mayor Grossman and
Mayor Perlow returned to the reom at this time.
6. CONSENT AGENDA: (Continued) The following items were removed from the
Consent Agenda and addressed separately:
I. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; SUPPORTING THE FLORIDA FREE TRADE
OF THE AMERICAS ("FTAA") EFFORTS TO PROMOTE MIAMI AS THE
NATURAL LOCATION FOR THE PERMANENT SECRETARIAT OF THE
FTAA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen, and
seconded by Commissioner Holzberg. Commissioner Beskin moved to
amend the first three Whereas clauses. Motion died for lack of second.
The motion passed 6-1 with Commissioner Beskin voting no and
Resolution No. 2003-67 was adopted.
J=
REQUEST BY THE RELATED GROUP OF FLORIDA FOR EXTENSION
OF THE APPROVALS GRANTED THROUGH RESOLUTION NO. 2002-
46 FOR AN ADDITIONAL SlX (6) MONTH PERIOD FROM SEPTEMBER
3, 2003 TO MARCH 3, 2004.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Holzberg. Mr. Schulman addressed the Commission.
The motion for approval passed unanimously.
K. Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED PUMP STATION COST SHARING
DEVELOPMENT AGREEMENT BETWEEN INVESTURA, L.L.C.,
VENAVENTURA, L.L.C., VENAVENTURA II, L.L.C., THE RELATED
COMPANIES OF FLORIDA, THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA AND THE CITY OF AVENTURA; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Perlow declared a conflict of interest and left the room. A motion
for approval was offered by Commissioner Holzberg, and seconded by
Commissioner Diamond. Mr. Schulman addressed the Commission. The
motion for approval unanimously passed (6-0) and Resolution No. 2003-
68 was adopted.
Mayor Pedow returned to the room.
L. Mr. Wolpin read the following motion:
MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 03-8-11-2
BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE IN
ACCORDANCE WITH STAFF REPORT DATED AUGUST 25, 2003
The motion was offered by Commissioner Cohen and seconded by
Commissioner Holzberg. The motion passed unanimously.
7. ORDINANCES - FIRST READING/PUBLIC INPUT: None.
9. RESOLUTIONS: (continued)
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING APPROVAL OF LOCAL LAW
ENFORCEMENT BLOCK GRANT; AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE APPROPRIATE
GRANT DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Grossman, and
seconded by Commissioner Cohen. Mayor Pedow opened the public
hearing. There being no speakers, the public hearing was closed. The
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motion for approval passed unanimously and Resolution No. 2003-69
was adopted.
Mayor Perlow left the room at this time.
10.OTHER BUSINESS:
REQUEST BY AVENTURA'S FINEST HAND CAR WASH FOR CITY
COMMISSION TO PLACE ON FUTURE AGENDA REQUEST FOR
EXTENSION OF TIME TO CONTINUE TO OPERATE HAND CAR WASH
BUSINESS AT 2890 NE 187TM STREET
Mr. Price, Guillermo Freile and Edith Ann White, Construction Manager for
Harbour Center, addressed the Commission. A motion to place this matter on
the October 7, 2003 agenda was offered by Commissioner Diamond, seconded
by Commissioner Auerbach and passed 4-2 with Commissioners Cohen and
Holzberg voting no.
Mayor Perlow returned to the room at this time.
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
Mr. Wolpin requested and received approval to schedule an Executive Session to
discuss the 199th Street railroad crossing litigation.
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 11:00 p.m.
Approved by the Commission on October 7, 2003.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or heedng
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 incJudes the testimony and evidence upon which the appeal is to be based.
11
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
MAILING ADDRESS
CITY
DATE ON WHICH VOTE O~CURRED
COUNTY
NAME qF BOARD, COUNCIL, C.OMMISS~ON, AUTHORITY, OR COMMI3-~EE
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
[] COUNTY [~ OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS: ~CTIVE
[] 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, FIodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greafiy 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 pdvate gain or toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or toss 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 specia~ 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, ccowner of property, or corporate shareholder (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 disctose 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,- ~'~ FIFt~'~ ~'~ - t~-'~l.-O (.~,,/___, hereby disclose that on
(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 I~f/~Ll~T'~.lJ~l~'-% ~/~'~'r' J-.~J~N'~ ~
whom I am retained; or
__ inured to the special gain or koss of
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:
, which
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
q- 5'-03
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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-edvlaory bodies who am 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 yen have a conflict of interest will very 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 loss. Each elected or aPPOinted local ofrmer also is ixohibtted from knowingly voting on a mos-
sure which inures to the special gain or loss of a principal (other than a govemment 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 er
163.357, F.S., and officem 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 enly the officer's lather, mother, s~l, daughter, husband, wife, brother, sister, father-ir>law,
mother-ir>law, sor>in-daw, and daughter-in-law. A 'business associate' rnuans any person or entity engaged in or canying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
ara not listed on any national or regional stoc~ exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disciose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slating 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 mir>
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstein from voting in the situations described above, you otherwise may parUcipote in these matters. However, you
must disclose the nature of the conflict before making any attempt to influenca 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 (befoee making any attempt to influence the declston) 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 occum 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 flied.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~,~._~_~"~ ~ - t(~_~'~-LO~t~) _, hereby disclose that on
(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,
· .~ -- thured to the special gain or loss of I~g~,--.~'~"lJl~, I ./-,~--.-~'ff~ ~f-~--~'~'~/'rl,)~~1~, II,/../-C
whom I am retained; or
__ inured to the special gain or loss of
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:
Date Filed
~ - '7.. __,20 0 =[ :
, which
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