07-06-2010
City Commission
Susan Gottlieb, Mayor
A':!be City of
n..ventura
City Mana~
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Teri Ho[zberg
Billy Joe[
Michae[ Stern
LUlZ Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attorney
Weiss Serota HeRrman
Pastoriza Cole & Boniske
JULY 6, 2010
immediately following 6 pm LP A
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENT A TIONS: Employee Recognitions
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
June 1, 2010 Commission Meeting
June 17, 2010 Commission Meeting,
June 17,2010 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, 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 A VENTURA AND
THE CITY OF MIAMI BEACH FOR LA W 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.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, 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
July 6, 2010
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA TO PURSUE MEASURES TO
BECOME A "GREEN LOCAL GOVERNMENT" THROUGH
IMPROVED ENVIRONMENTAL PERFORMANCE THROUGH
SUSTAINABLE PROGRAMS AND PRACTICES; ADOPTING
LANGUAGE INTO THE CITY'S MISSION STATEMENT;
ADOPTING THE CITY'S INTENT TO CONSTRUCT ALL CITY-
OWNED BUILDINGS TO GREEN BUILDING ST ANDARDS;
RECOGNIZING THE FLORIDA GREEN BUILDING
COALITION (FGBC) GREEN BUILDING PROGRAM AS A
GREEN BUILDING RATING SYSTEM FOR PURPOSES OF
DEVELOPMENT INCENTIVES AND OTHER PROVISIONS OF
THE CITY'S GREEN BUILDING PROGRAM ESTABLISHED
BY ORDINANCE NO. 2009-18; PROVIDING FOR AN
EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR VALETIPARKING MANAGEMENT SERVICES WITH
THE FIRM OF DOUBLE PARK, LLC.; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED
IN SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$17,000 FOR CRIME PREVENTION PROGRAMS, EQUIPMENT
AND TRAINING AND TRAFFIC UNIT OFFICE
ENHANCEMENTS FROM THE POLICE FORFEITURE FUND
IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
G. A RESOLUTION OF THE CITY OF A VENTURA SUPPORTING
THE REGIONAL PLANNING COUNCILS OF SOUTHEAST
FLORIDA IN PREPARING A COMPREHENSIVE JOINT
APPLICATION UNDER THE FEDERAL SUSTAINABLE
COMMUNITIES INITIATIVE AND ESTABLISHING A
WORKING PARTNERSHIP AGREEMENT WITH PUBLIC,
PRIVATE, NON-PROFIT, AND CIVIC SECTOR
ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO,
WATER RESOURCE, HOUSING, HUMAN SERVICES,
ENVIRONMENTAL AND TRANSPORTATION AGENCIES,
COMMUNITY-BASED ORGANIZATIONS, LOCAL
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July 6, 2010
GOVERNMENTS, NONPROFITS, ACADEMIA AND
RESEARCH INSTITUTIONS, SCHOOL BOARDS AND
PRIVATE SECTOR ORGANIZATIONS.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Cornmission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,
please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staff have made their presentations on each item. All testimony, including public testimony
and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to
cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The
general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. NONE
7. ORDINANCES: FIRST READING-PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED
SEPTEMBER 2, 200~ AND AMENDED DECEMBER 29, 2004,
MADE BETWEEN MERCO GROUP AT AVENTURA
LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY
OF A VENTURA TO EXTEND THE TERM OF THE
AGREEMENT FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012
AND TO ADD APPLICABILITY OF THE CITY'S
TRANSPORTATION MITIGATION IMPACT FEE TO
DEVELOPMENT OF THE CONDOMINIUM AND LOFTS
PARCELS, RELATING TO THE PARCELS OF LAND ZONED
RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT,
CITY OF A VENTURA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-145(b) "TOWN CENTER DISTRICT
(TC1)" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO REVISE THE LIST OF PERMITTED USES
IN THE DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READINGIPUBLIC HEARING:
AN ORDINANCE OF THE CITY OF A VENTURA AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN
REQUIRED BY LAWS OF FLORIDA CHAPTER NO. 2009-97
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July 6, 2010
PROVIDING FOR INCREASED TERMS FOR TRUSTEES TO FOUR
YEARS; PROVIDING FOR AN INCREASED CAP ON
INTERNATIONAL INVESTMENTS UP TO TWENTY-FIVE PERCENT;
PROVIDING FOR COMPLIANCE WITH THE PROTECTING
FLORIDA'S INVESTMENTS ACT; PROVIDING FOR COMPLIANCE
WITH PROVISION OF THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT; PROVIDING FOR
CHANGING OF JOINT SURVIVOR ANNUITY AFTER RETIREMENT
UP TO TWO TIMES WITHOUT PRIOR APPOV AL; PROVIDING FOR
FULL FUNDING UPON TERMINATION OF THE RETIREMENT
PLAN; PROVIDING FOR AUTHORITY TO DIRECT PAYMENT
FROM RETIREMENT BENEFIT OF CERTAIN INSURANCE
PREMIUMS; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2010/11 TO 2014/15 AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION MEETING JULY 15,2010
9AM
5TH FLR. EX. CONF. ROOM
WORKSHOP MEETING JULY 15,2010 following Comm Mtg. 5TH FLR. EX. CONF. ROOM
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such 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. Agenda items may be viewed at the Office ofthe City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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MINUTES
CITY COMMISSION MEETING
JUNE 1, 2010 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri
Holzberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City
Manager Eric M. Soroka, and City Attorney David Wolpin. Commissioner Billy Joel and
City Clerk Teresa M. Soroka were absent due to illness. As a quorum was determined
to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by the Honorable Gwen Margolis.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 50 from the
Consent Agenda. A motion to approve the remainder of the Consent Agenda was
offered by Commissioner Holzberg, seconded by Vice Mayor Stern, passed
unanimously and the following action was taken:
A. APPROVAL OF MINUTES:
May 4, 2010 Commission Meeting
May 20,2010 Workshop Meeting
B. Resolution No. 2010-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PERFORM VALET/PARKING MANAGEMENT SERVICES;
AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA,
FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID
SERVICES; 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. 2010-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR ALTERNATE NO.3 OF BID NO. 10-02-10-2, NE 1915T STREET
ROADWAY AND DRAINAGE IMPROVEMENTS, TO KMC
CORPORATION AT THE BID PRICE OF $350,349; 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.
The following item was removed from the Consent Agenda and addressed
separately:
D. 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 AND OTHERWISE ENTER INTO THAT CERTAIN FIRST
AMENDMENT TO AGREEMENT BY AND BETWEEN PERFORMING
ARTS CENTER AUTHORITY AND THE CITY OF AVENTURA FOR
STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND
OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS
AND CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Mayor Gottlieb, seconded by
Commissioner Auerbach, unanimously passed and Resolution No. 2010-
32 was adopted.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on
the Commiss,ion's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please
inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due
weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission
to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their
authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
Mr. Wolpin enacted the quasi-judicial proceedings. Ex parte communications, if
any, were filed by the Commission. All persons giving testimony were
administered the oath by Donna Mussatto.
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 OLIVE
GARDEN ITALIAN RESTAURANT ON PROPERTY LOCATED AT
17985 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING
AN EFFECTIVE DATE.
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A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Weinberg. Community Development Director Joanne Carr
addressed the Commission and entered the staff report into the record. Mayor
Gottlieb opened the public hearing. There being no speakers, the public hearing
was closed. The motion for approval passed unanimously and Resolution No.
2010-33 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE BY AMENDING ARTICLE III "DANGEROUS
INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF
RIGHT OF WAY, PARKING AND OTHER REGULATIONS;"
PROVIDING FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS
CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER
2010-80, LAWS OF FLORIDA (2010); PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF
RIGHTS; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. Joe
Platnick addressed the Commission. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously by roll call
vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN
REQUIRED BY LAWS OF FLORIDA CHAPTER NO. 2009-97
PROVIDING FOR INCREASED TERMS FOR TRUSTEES TO FOUR
YEARS; PROVIDING FOR AN INCREASED CAP ON INTERNATIONAL
INVESTMENTS UP TO TWENTY-FIVE PERCENT; PROVIDING FOR
COMPLIANCE WITH THE PROTECTING FLORIDA'S INVESTMENTS
ACT; PROVIDING FOR COMPLIANCE WITH PROVISION OF THE
UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT; PROVIDING FOR PURCHASE OF PRIOR MILITARY
AND POLICE SERVICE; PROVIDING FOR CHANGING OF JOINT
SURVIVOR ANNUITY AFTER RETIREMENT UP TO TWO TIMES
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WITHOUT PRIOR APPOV AL; PROVIDING FOR FULL FUNDING UPON
TERMINATION OF THE RETIREMENT PLAN; PROVIDING FOR
AUTHORITY TO DIRECT PAYMENT FROM RETIREMENT BENEFIT OF
CERTAIN INSURANCE PREMIUMS; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: None.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
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 6:40 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
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.
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MINUTES
CITY COMMISSION MEETING
JUNE 17, 20109 am
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Teri
Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. RESOLUTION: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-06-04-2,
AVENTURA GOVERNMENT INSTRUCTIONAL SIGN TO LINK CONSTRUCTION
GROUP AT THE BID PRICE OF $82,328; 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.
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Diamond. The motion passed unanimously and Resolution No.
2010-34 was adopted.
3. ORDINANCE - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA FLORIDA AMENDING THE CITY
CODE BY AMENDING ARTICLE III "DANGEROUS INTERSECTION SAFETY" OF
CHAPTER 48 "VEHICLES, USE OF RIGHT OF WAY, PARKING AND OTHER
REGULATIONS"; PROVIDING FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH
GENERAL LAW AS PROVIDED BY CHAPTER 2010-80, LAWS OF FLORIDA (2010);
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS;
PROVIDING FOR AN EFFECTIVE DATE
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion passed unanimously by roll
call vote and Ordinance No. 2010-06 was enacted.
4. 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 9: 15 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
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.
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MINUTES
CITY COMMISSION
WORKSHOP MEETING
June 17, 2010 9:15 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order immediately following the 9
a.m. Commission Meeting by Mayor Susan Gottlieb. Present were Commissioners lev
Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Weinberg, Vice Mayor Michael Stern,
Mayor Susan Gottlieb, 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.
1. ADDITIONAL USES IN TC1 ZONING DISTRICT TO SPUR BUSINESS GROWTH (City
Manager): Mr. Soroka asked Community Development Director Joanne Carr to review and
explain the amendments requested by the owner of Loehmann's Plaza.
CITY MANAGER SUMMARY: Commission authorized the administration to proceed with
zoning code amendment for additional uses in PC1 zoning with the revisions to allow
grocery/book stores as permitted uses.
2. CAPITAL IMPROVEMENT PROGRAM 2010-2015 BRIEFING (City Manager): Mr. Soroka
reviewed the proposed document.
CITY MANAGER SUMMARY: Consensus to approve and place on July Commission
agenda.
3. AVENTURA HISTORY DISPLAY (Commissioner Diamond): Commissioner Diamond
requested Commission consensus to proceed with project to display pictures and
documents outlining the historical events of the City and the area before incorporation. He
suggested that the second floor atrium be used for this project when the Library is no longer
utilizing the space and that he work with City Clerk Teresa Soroka on this project.
CITY MANAGER SUMMARY: Consensus to approve.
4. 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
10:20 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: June 1, 2010
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
Miami Beach Police Department
July 6, 2010 City Commission Meeting Agenda Item .sJi
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Miami Beach Police
Department.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01693-10
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF AVENTURA AND
THE CITY OF MIAMI BEACH, FLORIDA
WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida,
and the City of Miami Beach, Florida, to ensure the public safety of their respective citizens by
providing adequate levels of police seNices to address any foreseeable routine or emergency
situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to
be, beyond the control of the seNices, personnel, equipment, or facilities of the City of Aventura
Police Department or the City of Miami Beach Police Department; and
WHEREAS, in order to ensure that preparation of these law enforcement agencies will
be adequate to address any and all of these conditions, to protect the public peace and safety,
and to preseNe the lives and property of the people of the City of Aventura and the City of
Miami Beach; and
WHEREAS, it is to the advantage of each law enforcement agency to receive and
extend mutual aid in the form of law enforcement seNices and resources to adequately respond
to:
(1) Continuing, multi jurisdiction law enforcement problems, so as to protect the public
peace and safety, and preseNe the lives and property of the people; and
(2) Intensive situations including but not limited to emergencies as defined under
9252.34, Florida Statutes, or requests for certain law enforcement seNices specified
herein and as defined under 923.1225, Fla. Stat.; and
WHEREAS, the City of Aventura and the City of Miami Beach have the voluntary
cooperation and assistance authority under the Florida Mutual Aid Act, 923.12-23.127, Fla.
Stat., to enter into this voluntary cooperation and assistance Mutual Aid Agreement for law
enforcement seNice which:
(1) Permits voluntary cooperation and operational assistance of a routine law
enforcement nature across jurisdictional lines as allowed under 923.1225, Fla. Stat.;
and
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
9252.34, Fla. Stat.
NOW THEREFORE, BE IT KNOWN that the City of Aventura, Florida and the City of
Miami Beach, Florida, in consideration for mutual promises to render valuable aid in times of
necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
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SECTION I: -pf6_NS FOR VOLU~TARY COOPERATION
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Each of the aforesaid law enforcement agencies hereby approve and enter into this
Agreement whereby each of the agencies may request and render law enforcement assistance
to the other in dealing with any violations of Florida Statutes to include, but not necessarily be
limited to, investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies,
gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., routine traffic
offenses, backup services during patrol activities, and interagency task forces and/or joint
investigation.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this Agreement
whereby each of the agencies may request and render law enforcement assistance to the other
to include, but not necessarily be limited to dealing with, the following:
1. Joint multi jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires, explosions, gas line leaks, radiological incidents, train
wrecks and derailments, chemical or hazardous waste spills, and electrical power
failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; e.g., underwater recovery,
aircraft, canine, motorcycle, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee.
2
-"'
2. Specific reporting instructions for personnel rendering mutual aid will be included
in the request for mutual aid. In the absence of such instructions, personnel will
report to the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid and
each agency's communications centers will maintain radio contact with each
other until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established
procedures of the requesting agency, or directors involved.
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this Agreement is in need of assistance as set forth above,
the Chief of Police or his/her designee, shall notify the agency director or his/her designee from
whom such assistance is requested. The director or authorized agency representative whose
assistance is sought shall evaluate the situation and the agency's available resources, consult
with his/her supervisors if necessary and will respond in a manner he/she deems appropriate.
The director in whose jurisdiction assistance is being rendered may determine who is
authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized
and for what purpose such authority is granted. This authority may be granted either verbally or
in writing as the particular situation dictates.
Should a law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the area on routine business, attending a
meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of
said party, representing his/her respective agency, he/she shall be empowered to render
enforcement assistance and act in accordance with law. Should enforcement action be taken,
said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the
situation over to them and offer any assistance requested including but not limited to a follow-up
written report documenting the event and the actions taken. This provision so prescribed in this
paragraph is not intended to grant general authority to conduct investigations, serve warrants,
and/or subpoenas or to respond without request to emergencies already being addressed by
the agency of normal jurisdiction, but is intended to address critical, life-threatening or public
safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the
law enforcement officer may encounter.
SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall be under
the immediate command of a supervising officer designated by the assisting director. Such
supervising officer shall be under the direct supervision and command of the director or his/her
designee of the agency requesting assistance.
SECTION V: CONFLICTS
Whenever an officer is rendering assistance pursuant to this Agreement, the officer shall
abide by and be subject to the rules and regulations, personnel policies, general orders, and
3
standard operating procedures of his/her own employer. If any such rule, regulation, personnel
policy general order or standard operating procedure is contradicted, contravened or otherwise
in conflict with a direct order of a superior officer of the requesting agency, then such rule,
regulation, policy, general order or procedure shall control and shall supersede the direct order.
SECTION VI: HANDLING COMPLAINTS
Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this Agreement, the director or his/her designee of the
requesting agency shall be responsible for the documentation of said complaint to ascertain at a
minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation
4. The identity of the employees accused without regard as to agency affiliation.
If it is determined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing of the
complaint, shall be forwarded without delay to the agency for administrative review. The
requesting agency may conduct a review of the complaint to determine if any factual basis for
the complaint exists and/or whether any of the employees of the requesting agency violated any
of their agency's pOlicies or procedures.
SECTION VII: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's
own employees while engaged in rendering such aid pursuant to this Agreement, subject to the
provisions of Section 768.~8, Florida Statutes, where applicable.
SECTION VIII: POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of Aventura and the City of Miami Beach, when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but
inside this State, under the terms of this Agreement, shall pursuant to the provisions of Section
23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employee's political subdivision
in which normally employed.
(b) Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to the agreement as set forth above;
provided however, that no party shall be required to deplete unreasonably its own personnel,
equipment, resources, facilities, and services in furnishing such mutual aid.
(c) A party that furnishes equipment pursuant to this Agreement must bear the cost
of loss or damage to that equipment and must pay any expense incurred in the operation and
maintenance of that equipment.
4
(d) The agency furnishing aid pursuant to this Agreement shall compensate its
appointees/employees during the time such aid is rendered and shall defray the actual travel
and maintenance expenses of its employees while they are rendering such aid, including any
amounts paid or due for compensation due to personal injury or death while such employees
are engaged in rendering such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges and
immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance,
relief, disability, worker's compensation, salary, death and other benefits that apply to the
activity of an employee of an agency when performing the employee's duties within the territorial
limits of the employee's agency apply to the employee to the same degree, manner, and extent
while engaged in the performance of the employee's duties extraterritorially under the provisions
of this Mutual Aid Agreement. The provisions of this section shall apply to paid, volunteer, and
reserve employees.
(f) Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting jurisdiction to
reimburse the assisting agency for any actual costs or expenses incurred by the assisting
agency performing hereunder.
(g) Should the City of Aventura receive reimbursement for expenditures from a third
party for a mutual aid event covered by this Agreement, the City of Miami Beach Police
Department shall be eligible to receive an equitable reimbursement share for any actual costs or
expenses incurred that are directly attributable to the event, provided such costs and expenses
are authorized by the third party for reimbursement purposes.
SECTION IX: INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the
means specified in Section 768.28(16)(a), Florida Statutes (2004), in an amount which is, in the
judgment of the governing body of that party, at least adequate to cover the risk to which that
party may be exposed. Should the insurance coverage, however provided, of any party be
canceled or undergo material change, that party shall notify all parties to this agreement of such
change within ten (10) days of receipt of notice or actual knowledge of such change.
SECTION X: EFFECTIVE 'OA TE
This Agreement shall take effect upon execution and approval by both parties and shall
continue in full force and effect until December 31, 2015. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XI: CANCELLATION
Either party may cancel its participation in this Agreement at any time upon delivery of
written notice to the other party.
5
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this _ day of
,2010.
CITY OF MIAMI BEACH, FLORIDA
CITY OF AVENTURA, FLORIDA
STEVEN STEINBERG
POLICE CHIEF
Date:
Date:
.~.
~A~i~ZALEZ ,,__~__
ERIC SOROKA
CITY MANAGER
Date:
S/17/2o/0
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Date:
~Zi/~~;tpuM4,
TI HERRE BOWER
MAYOR
SUSAN GOTTLIEB
MAYOR
Date:
5>-/;7 /~/D
( I
Date:
ATTEST:
ATTEST:
'U lud ~U~
ROBERT PARCHER TERESA SOROKA
CITY CLERK CITY CLERK
}.PPROVED AS TO
FeW. & l.ANGUAGE
6. FOR EXECUT~CN
6
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F:\atto\BOKA\Agreements\Mutual Aid - Aventura and CMB.docx
RESOLUTION NO. 2010-_
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 A VENTURA 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Miami Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner _, who moved its
adoption. The motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez-Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 2
PASSED AND ADOPTED this 6th day of July, 2010.
Attest:
Teresa M. Soroka, MMC
City Clerk
Susan Gottlieb, Mayor
Approved as to Form and Legal Sufficiency:
{'
~
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: June 1,2010
SUBJECT: Resolution Declaring Equipment Surplus
July 6,2010 Commission Meeting Agenda Item S'C-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01692-10
RESOLUTION NO. 2010-_
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.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5.
adoption.
The foregoing resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
to a vote, the vote was as follows:
This Resolution shall become effective immediately upon its
, who moved its
, and upon being put
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 2
PASSED AND ADOPTED this 6th day of July, 2010.
ATTEST:
APPROVED AS TO LEG
I-'i~
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
CITY OF AVENTURA
POLICE DEPARTMENT
FROM: lice
TO:
DATE: 27 May 2010
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Please surplus the below listed firearms:
Patriot Ordinance Firearms (POF)
Serial Number
POF AR-15 07-02836
POF AR-15 07-02837
POF AR-15 07-02838
POF AR-15 07-02840
POF AR-15 07-02841
POF AR-15 07-02839
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
FROM: Eric M. Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Community Development Director
DATE: June 17, 2010
SUBJECT: Green Local Government Certification (FGBC) Application
Resolution adopting language into the City's Mission Statement, Adopting
the City's intent to construct all City-owned buildings to Green Building
Standards and Recognizing the Florida Green Building Coalition (FGBC)
Green Building Program as a Green Building Rating System for purposes
of the City's Green Building Program Established by Ordinance No. 2009-
18
July 6, 2010 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution.
BACKGROUND
The City has applied under the Florida Green Building Coalition's (FGBC) Green Local
Government Certification Program. As part of the certification process, the FGBC
awards points to local governments that adopt by resolution a mission statement that
encourages conservation of natural resources, that states its intent to construct all City-
owned buildings to green building standards and that recognizes the FGBC Green
Building Program standards.
On October 6, 2009, the City Commission established a Green Building Program
through Ordinance No. 2009-18. That ordinance adopted the LEED@ Green Building
Standards developed by the U.S. Green Building Council. The definition of "green
building" in Ordinance No. 2009-18 provides that a green building is a building
constructed and certified by the U.S. Green Building Council, or other recognized green
building rating system approved by resolution of the City Commission. The attached
resolution adopts another recognized green building rating system, that is, the rating
system developed by the Florida Green Building Coalition.
The Florida Green Building Coalition (FGBC) rating system includes a residential and
commercial standard. These are similar to the LEEO@ rating systems in that points are
awarded for various categories of building design, including sustainable sites, water
efficiency, energy and atmosphere, materials and resources, indoor environmental
quality, but are designed to be Florida specific in contrast to the nationwide applicability
of the LEEO@ categories. One example of the Florida-specific categories is Oisaster
Mitigation with points awarded for hurricane, flood and wildfire protection and termite
prevention. The FGBC rating system uses the same type of menu items as LEEO@
that can be used to achieve the ranking, uses a checklist and requires certification by a
third party. Both programs' goals are to promote more sustainable practices by the
building industry.
2
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA TO PURSUE MEASURES TO BECOME A "GREEN LOCAL
GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE
THROUGH SUSTAINABLE PROGRAMS AND PRACTICES; ADOPTING LANGUAGE
INTO THE CITY'S MISSION STATEMENT; ADOPTING THE CITY'S INTENT TO
CONSTRUCT ALL CITY-OWNED BUILDINGS TO GREEN BUILDING STANDARDS;
RECOGNIZING THE FLORIDA GREEN BUILDING COALITION (FGBC) GREEN
BUILDING PROGRAM AS A GREEN BUILDING RATING SYSTEM FOR PURPOSES
OF DEVELOPMENT INCENTIVES AND OTHER PROVISIONS OF THE CITY'S
GREEN BUILDING PROGRAM ESTABLISHED BY ORDINANCE NO. 2009-18;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is very conscious of its beautiful tree canopy
and natural resources and is desirous of incorporating a mission statement for
environmental conservation that recognizes the City's current environmental projects;
and
WHEREAS, the City of Aventura recognizes the importance of environmental
stewardship in a variety of media, including energy, water, air, land and waste; and
WHEREAS, the City of Aventura recognizes the critical state of Florida's water
supply and supports water and energy conservation certification programs for
development including the Florida Water Star Program for water efficiency in household
appliances, plumbing fixtures, irrigation systems and landscapes, the Florida Yards and
Neighborhoods Program that addresses serious problems of pollution in storm water
runoff, water shortages and disappearing habitats with environmentally conscious
landscaping principles and the Energy Star Labeling Program to identify and promote
energy-efficient products and programs to reduce greenhouse emissions; and
WHEREAS, effective stewardship includes high performance sustainable
development as a means to balance the expansion of the City and preservation of our
quality of life; and
WHEREAS, architects, developers, builders and owners are voluntarily making
the commitment to design, construct and maintain sustainable buildings in the City; and
WHEREAS, the U.S. Green Building Council (USGBC) has developed the
Leadership in Energy and Environmental Design (LEED) rating system that is a
voluntary, multi-tiered certification program for sustainable buildings, which buildings
conserve materials, energy, water and other natural resources as well as provide
occupants with healthier and more productive interior environments; and
WHEREAS, the City of Aventura encourages development of buildings meeting
LEED certification through adoption of its "Green Building Program" established in
Resolution No. 2010-
Page 2
Ordinance No. 2009-18 passed by the City Commission on October 6, 2009, which
program provides incentives for all new private buildings involving new construction or
substantial renovation based on the level of certification achieved; and
WHEREAS, Florida Green Building Coalition (FGBC), a non-profit corporation,
has developed the Florida Green Building Residential Designation Standard, the Florida
Green Building Commercial Designation Standard, the Florida Green Development
Designation Standard and the Green Local Government Standard presenting
opportunities for green development and providing examples and resources to achieve
the standard; and
WHEREAS, the City of Aventura wishes to adopt the Florida Green Building
Coalition (FGBC) standards for residential and commercial development as a
recognized green building rating system for the purposes of our Green Building
Program established by Ordinance No. 2009-18.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. All recitals are hereby adopted and confirmed.
Section 2. The City of Aventura adopts into its mission statement a
proclamation that the City is committed to ensure a thriving, caring, attractive and safe
place to enjoy life through conservation of its natural resources.
Section 3. It shall be the policy of the City of Aventura to finance, plan, design,
construct, renovate, manage and maintain its facilities and buildings to be sustainable.
It is the City's intent that all City-owned buildings constructed after the date of this
resolution meet the criteria standards of USGBC, LEED or Florida Green Building
Coalition (FGBC) Green Building certification.
Section 4. The Florida Green Building Coalition (FGBC) Green Building Program
is hereby recognized as a green building rating system for purposes of development
incentives and other provisions of the City's Green Building Program adopted by
Ordinance No. 2009-18.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its adoption.
The motion was seconded by Commissioner , and upon being put to a vote, the vote
was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez-Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 3
PASSED AND ADOPTED this 6th day of July, 2010.
Susan Gottlieb, Mayor
APPROVED AS TO LEG
~~
CITY ATTORNEY
esolution was filed in the Office of the City Clerk this Jo~ day of July, 2010
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
BY: ity services~
DATE: June 16, 2010
TO:
SUBJECT: Resolution Authorizing the Execution of the Valet/Parking
Management Services Agreement with Double Park, LLC
July 6th, 2010 City Commission Meeting Agenda Item Sf.
Recommendation:
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached Agreement with Double Park, LLC. to perform
Valet/Parking Management Services.
Background:
Pursuant to Resolution No. 2010-30, the City has successfully negotiated a scope of
services and fees with Double Park, LLC. The attached Agreement has also been
reviewed by the City Attorney and Finance Director for compliance with City standards
and insurance requirements.
The attached Agreement is for a two year period with a provision for one (1) two year
renewal, subject to approval of the City Manager, provided all the terms and conditions
remain the same, and the extension is negotiated in good faith. The City can terminate
the Agreement for cause, with ten (10) days written notice.
The Agreement provides for the Contractor to collect ten ($10) dollars per vehicle for
valet parking services at the Arts and Cultural Center, and the Contractor agrees to pay
the City 75% of the gross parking revenues less the standard labor fee of $12.65 per
man-hour from each parking event at the Aventura Arts and Cultural Center (AACC).
The personnel schedule for each event shall be approved by the AACC General
Manager.
City Commission
June 16, 2010
Page 2
The Contractor further agrees to provide the City with a monthly ticket audit and all
documentations with each monthly payment to the City.
If you have further questions, please direct them to the City Manager.
RMS/gf
Attachments
RMS10021
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR VALET/PARKING
MANAGEMENT SERVICES WITH THE FIRM OF DOUBLE PARK, LLC.;
AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and Double Park, LLC.
and whereby the City agrees to the negotiated scope of services and fees as contained
in the attached Agreement.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
who moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Sob Diamond
Commissioner Teri Holzberg
Commissioner Silly Joel
Commissioner Luz Urbaez-Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 2
PASSED AND ADOPTED this 6th day of July, 2010.
SUSAN GOTTLIEB, MAYOR
APPROVED AS TO LEGAL SUFFICIE~CY:
~~
CITY ATTORNEY
AGREEMENT
BETWEEN THE CITY OF AVENTURA AND DOUBLE PARK, LLC
FOR
V ALET/PARKING MANAGEMENT SERVICES
THIS AGREEMENT is entered into this 6th day of July, 2010 between the
City of Aventura, a Florida municipal corporation, (CITY), and Double Park LLC,
(CONTRACTOR).
WHEREAS, the CITY desires to retain the professional services of
CONTRACTOR to provide valet/parking management services; and
WHEREAS, the CONTRACTOR desires to provide valet/parking
management services to the CITY and its residents.
ARTICLE I
SCOPE OF SERVICES
The CONTRACTOR agrees to:
1.1 Provide valet/parking management services for the City of Aventura Arts
and Cultural Center (AACC), and all other events as requested by the
CITY, in accordance with the conditions and specifications as set forth in
RFP # 10-4-09-2 (attached hereto as Exhibit "A").
1.2 Be solely responsible, at CONTRACTOR's sole expense, for providing and
paying for all employees related to the valet/parking operation as required
by the CITY.
1.3 Be solely responsible for securing the services of and compensating
assistants or other personnel, as may be required, to perform the parking
services safely and adequately. CONTRACTOR shall also advise the
Aventura Arts and Cultural Center General Manager (General Manager), in
writing of personnel schedules to which the General Manager may
recommend changes.
1.4 Provide all scheduling and other items and programs necessary to provide
services as defined in the RFP. CITY shall approve all uniforms prior to
issuance.
1.5 Be responsible for compliance with the approved policies, procedures, and
rules for all AACC and other CITY events. The CITY reserves the right to
enact other policies, if necessary, at its sole discretion.
1.6 The CITY reserves the right to require CONTRATOR to suspend, bar, or
expel any employee of CONTRACTOR, for any reason, at its sole
discretion, without recourse from the subject person or the
CONTRACTOR.
1
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,,-v-- ---
ARTICLE 2
PARKING FEES, LABOR CHARGES, AND PAYMENTS
2.1 The CONTRACTOR shall be compensated from parking fees collected at
the events. All fees shall be approved by the City Manager, and
CONTRACTOR shall not alter existing fees, or introduce any new fees
without the written approval of the City Manager. .
2.2 CONTRACTOR shall not charge any person or entity for any other services
not contained in the Agreement unless agreed upon by the CITY.
2.3 CONTRACTOR shall keep all books and records in accordance with
standard accounting procedures, and shall make them available to the
CITY for inspection and audit at all times.
2.4 CONTRACTOR shall provide all tools, signs, and other equipment
necessary for valet/parking management services at its sole cost.
2.5 The CITY authorizes the CONTRACTOR to collect a parking fee of Ten
Dollars ($10.00) per vehicle from all patrons that choose to use valet
parking services for AACC programs and events which are served by
CONTRACTOR.
2.6 From the parking fees collected at the events serviced by CONTRACTOR,
the CITY agrees to pay the CONTRACTOR a standard labor rate of
Twelve Dollars and Sixty Five Cents ($12.65) per hour for all man hours
provided for AACC parking events. The staffing schedule shall be
approved by the General Manager prior to the parking event.
2.7 The CONTRACTOR shall pay the CITY seventy five percent (75%) of all
gross revenues less the labor charges as defined in 2.6 for each event.
Payments with all supporting documentation shall be due and payable by
the tenth of each month for revenues derived from the previous month
2.8 CONTRACTOR shall provide a monthly ticket audit and a recap of
revenues collected with each payment to the CITY.
ARTICLE 3
TERM OF AGREEMENT
3.1 The term of this Agreement shall be for two (2) years. In addition, the
CITY reserves the right to extend this Agreement for one additional two (2)
year term, providing both parties agree, that all the terms, conditions and
specifications (except for the fees as contained in Article 2, which shall be
negotiated in faith) remain the same and the extension is approved by the
City Manager; provided the CONTRACTOR notifies the CITY of their
intent to renew not less than sixty days prior to the end of term of the
Agreement.
2
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-
~
3.2 Notwithstanding any contrary language contained herein, the CITY
reserves the right to terminate this Agreement for cause with ten (10) days
written notice to the CONTRACTOR; or with thirty (30) days written notice
without cause, in the City's sole discretion. In the event of termination by
the CITY, the CONTRACTOR shall not be entitled to any compensation
other than that earned prior to and during the notice period.
CONTRACTOR may terminate this Agreement, at its sole discretion, by
giving sixty (60) calendar days written notice to the CITY.
ARTICLE 4
INDEPENDENT CONTRACTOR
CONTRACTOR has control over the means and methods by which it performs
the services. CONTRACTOR, its employees and agents shall be deemed
independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits generally afforded CITY employees; further,
CONTRACTOR, its employees and agents shall not be deemed entitled to the
CITY'S worker's compensation, insurance benefits or similar laws.
ARTICLE 5
INSURANCE
INSURANCE REQUIREMENTS
Such policy or policies shall be without any deductible amount unless otherwise
noted in this Agreement and shall be issued by approved companies authorized
to do business in the State of Florida, and having agents upon whom service of
process may be made in Miami-Dade County, Florida. The CONTRACTOR shall
pay all deductible amounts, if any. The CONTRACTOR shall specifically protect
the CITY and shall name the "City of Aventura" and its officers, agents and
employees as an additional insured under the Business Automobile Policy,
Commercial Liability Policy as well as on any Excess Liability Policy coverage.
The official title of the certificate holder is the "City of Aventura." This official title
shall be used in all insurance documentation.
The CONTRACTOR shall purchase and maintain, in full force and effect for the
life of the contract, at CONTRACTOR's sole expense, the following insurance
policies:
1. A business automobile policy (including automobile liability, garage
keepers, and garage liability) which covers any vehicles used in
connection with this agreement, regardless of whether the vehicle
is owned, rented, hired or borrowed by the CONTRACTOR.
Minimum limits for bodily/property damage liability shall be One
Million Dollars ($1,000,000) per occurrence. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability Policy, without restrictive
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endorsements, as filed by the Insurance Services Office, and must
include:
Owned Vehicles, if applicable.
Hired and Non-Owned Vehicles, if applicable.
Employers' Non-Ownership, if applicable.
2. A Comprehensive general liability policy shall be provided which
shall contain minimum limits of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) combined single
limit for bodily injury liability and property damage liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Commercial General liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office
and must include:
Premises and/or operations.
Independent contractors.
Products and/or Completed Operations for contracts. Broad
Form Contractual Coverage applicable to this specific
Agreement, including any hold harmless andlor indemnification
agreement.
Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury liability and Property Damage
. liability.
3. A workers' compensation and employer's liability policy which
covers all of the CONTRACTOR's employees to be engaged in
work on this contract as specified by and in accordance with
Chapter 440, Florida Statutes, as may be amended from time. to
time, the 'Workers' Compensation Law" of the State of Florida, and
all applicable federal laws. In addition, the policy(ies) must include:
Employers' liability with a limit of One Hundred Thousand Dollars
($100,000) each accident.
The CONTRACTOR acknowledges that the CITY will not be held
responsible for Workers' Compensation or medical care for any/all of the
CONTRACTOR's employees.
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4. A crime policy or fidelity bond covering, among other things: theft,
employee dishonesty, or embezzlement. The policy or bond shall
have minimum limits of Five Hundred Thousand Dollars
($500,000.00) per occurrence.
5. A garage keepers liability policy with a limit of One Million Dollars
($1,000,000), with no limit on the value that will be paid for damage
to anyone car.
The City of Aventura shall be named as additional insured on policies listed as 1-
5 of the CONTRACTOR's above required policies of insurance except for the
Workers' Compensation insurance. The form and types of coverage and
sufficiency of insurer shall be subject to approval of the City Manager.
The CONTRACTOR agrees to indemnify, defend and hold harmless the City of
Aventura from and against any and all claims, suits, judgments, executions,
and/or liabilities as to bodily injuries and/or property damages which arise or
grow out of this contract or CONTRACTORs performance or operations
hereunder.
The CONTRACTOR shall, in its contract with the CITY, be required to indemnify
and hold harmless the CITY and its officers, agents, employees and
instrumentalities from any and all liability, claims, liabilities, losses, and causes of
action, including attorneys' fees and costs of defense which the CITY or its
officers, employees, agents and instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind of nature arising
out of, or relating to or resulting from the provision of professional valet/parking
management services by the CONTRACTOR and/or its officers, employees,
agents or independent Contractors. The CONTRACTOR shall be required to pay
all claims and losses in connections therewith, and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the CITY, where
applicable, including appellate proceedings, and shall pay all costs, judgments
and attorneys' fees which may issue thereon. The CITY shall require that the
CONTRACTOR expressly understands and agrees that any insurance protection
required by this agreement or otherwise provided by the CONTRACTOR shall in
no way limit the responsibility to indemnify, keep and save harmless and defend
the CITY and its officers, employees, agents or instrumentalities as herein
provided.
Copies of all policies or certificates of such insurance shall be delivered to the
CITY, and said documentation shall provide for the CITY to be notified a
minimum of thirty (30) days prior to any cancellation, termination, reduction or
non-renewal of any required insurance policy.
The CONTRACTOR shall also, upon request by the CITY, provide copies of all
official receipts and endorsements as verification of CONTRACTOR's timely
payment of each insurance policy premium as required by this contract.
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Coverage is not to cease and is to remain in force (subject to cancellation notice)
until all performance required of the CONTRACTOR is completed. All policies
must be endorsed to provide the CITY with at least thirty (30) days' notice of
expiration, cancellation, and/or restriction. If any of the insurance coverages will
expire prior to the completion of the work, copies of renewal policies shall be
furnished at least thirty (30) days prior to the date of their expiration.
The CITY reserves the right to review and revise any insurance requirements at
the time of renewal or amendment of this Agreement, including, but not limited to,
deductibles, limits, coverage, and endorsements based on insurance market
conditions affecting the availability or affordability of coverage, or changes in the
scope of work or specifications that affect the applicability of coverage. If the
CONTRACTOR uses a subcontractor, then the CONTRACTOR shall ensure that
subcontractor names the CITY as an additional insured and provides the same
level and type of insurance coverage for the CITY's protection as required of the
CONTRACTOR.
ARTICLE 6
MISCELLANEOUS
6.1 CONTRACTOR shall, without additional expenses to CITY be
responsible for obtaining any necessary licenses and for complying with
any applicable federal, state, county, and municipal laws, ordinances, and
regulations in connection with the performance of the services specified
herein. CONTRACTOR shall take proper safety and health precautions,
including the employment of needed assistance, to protect participants,
the CITY, the public and property of others. CONTRACTOR shall be
responsible for all services performed pursuant to this Agreement.
6.2 CONTRACTOR shall meet with the General Manager or designee, and
shall attend all meetings as required.
6.3 No modification, amendment, or alteration of the terms and conditions
contained herein shall be effective unless contained in a written document
executed with the same formality and equal dignity herewith.
6.4 This Agreement is non-transferable or assignable, and CONTRACTOR
agrees not to transfer or assign the performance of services called for in
the Agreement.
6.5 This Agreement sets forth the full and complete understanding of the
Parties as of the effective date, and supersedes any and all negotiations,
agreements, and representations made or dated prior to this Agreement.
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IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement on the date above:
CITY OF AVENTURA
By:
Eric M. Soroka, ICMA-CM
City Manager
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGAL FORM:
City Attorney
CONTRACTOR
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BY:
Double Park LLC -..
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CITY OF AVENTURA
REQUEST FOR PROPOSALS
10-4-09-2
EXHIBIT A"
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Valet/Parking Management Services
SUBMITTAL DATE: April 9, 2010 2:00 P.M.
REQUEST FOR PROPOSALS
RFP # 10-4-09-2
8
CITY OF AVENTURA
V AlET/PARKING MANAGEMENT SERVICES
The City of Aventura is requesting proposals from qualified firms to provide
facility management services for the City of Aventura. Interested firms may
obtain the Request for Proposals package at
www.citvofaventura.com/finance/bids.shtml. or at the following:
Finance Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on April 9, 2010 and
clearly marked on the outside" RFP # 10-4-09-2 Valet/Parking Management
Services". late submittals will not be accepted.
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby
given that a "Cone of Silence" is imposed concerning this City's' competitive
purchasing process, which generally prohibits communications concerning the
RFP from the time of advertisement of the RFP until the beginning of the City
Commission meeting at which the City Manager makes a written
recommendation to the City Commission concerning the competitive purchase
transaction. Please see the detailed specifications for the public solicitation for
services for a statement fully disclosing the requirements of the "Cone of
Silence" .
CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the
City are prohibited from in any way providing campaign contributions to
City commission candidates.
B. City Code Sec. 2-420. Prohibited campaign contributions by vendors.
(a) General, prohibition, disqualification, definitions.
(1) a. No vendor shall give, solicit for, deliver or provide a
campaign contribution directly or indirectly to a candidate, or to the
campaign committee of a candidate, for the Offices of Mayor or
Commissioner. Commencing on the effective date of this article, all
proposed City contracts, as well as requests for proposals (RFP),
requests for qualifications (RFQ), requests for letters of interest
(RFLI), or solicitations of bids issued by the City, shall incorporated
notice of this section so as to notify potential vendors of the
proscription embodied herein.
b. No candidate or campaign committee of a candidate for the
Offices of Mayor or Commissioner, shall deposit into such candidate's
campaign account any campaign contribution which is received
9
directly or indirectly from a vendor or which such candidate or
campaign committee knows or should know was solicited by or for a
vendor or delivered or provided for a vendor. Candidates (or those
acting on their behalf) shall ensure compliance with this code section
by confirming through examination of the official vendor list which is
posted on the City's website to verify the vendor status of any
potential contributor. A candidate or the campaign committee of a
candidate shall not be in violation of this subsection if the vendor was
not listed as a vendor on the City's website at the time that the
contribution was received or deposited so long as the candidate or the
campaign committee of a candidate did not know that the person or
entity was a vendor of the City.
(2) Each prohibited act of giving, soliciting for, delivering or
providing a campaign contribution or depositing a campaign
contribution in violation of this section shall constitute a separate
violation. All contributions deposited into a candidate's campaign
account in violation of this section shall be forfeited to the City's
General Fund.
(3) a. A person or entity, other than a then existing vendor, who
directly or indirectly makes a campaign contribution to a candidate
who is elected to the office of Mayor or Commissioner shall be
disqualified for a period of 12 months following the swearing in of the
subject elected official from serving as a vendor with the City. A then
existing vendor who directly or indirectly makes a contribution to a
candidate who is elected to the Office of Mayor or Commissioner,
shall be disqualified from serving as a vendor with the City for a period
of 12 months from a final finding of a violation of this section, or from
the time of action on a waiver request by the City Commission
pursuant to subsection (b) below, in the event that a waiver is sought
by the vendor. In the event that such waiver request for a particular
transaction is granted, the affected vendor shall nonetheless be
disqualified from serving as a vendor with the City as to any other
goods, equipment or services to be provided by the vendor to the City,
beyond the vendor goods, equipment or services which are the
subject matter of any waiver which is granted. In the event such
waiver request is denied for a particular transaction the 12-month
disqualification period shall continue to apply to both the particular
transaction for which the waiver was sought, as well as all other
vendor activities for the provision of goods, equipment or services to
the City during that 12-month period.
b. For purposes of this section, the term "disqualified" shall be
defined to include:
1. Termination of a contributor/vendor's existing contracts with the
City, subject to the applicable waiver provisions of subsection (b)
herein; and
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2. Disqualification of a contributor's response to solicitation requests
for prospective vendor contracts with the city, subject to the applicable
waiver of subsection (b) herein.
(4) As used in this section:
a. Vendor.
1. A "vendor" is a person and/or entity who has been selected by
the City as the successful bidder on a present or pending bid to
provide to the City goods, equipment or services, or has been
approved by the City of a present or pending award to provide to the
City goods, equipment or services, prior to, upon or following
execution of a contract, or purchase order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of
ten percent or more of the outstanding capital stock in any corporation
or a direct or indirect interest of ten percent or more in a firm. The term
"firm" shall mean a corporation, partnership, business trust or any
legal entity other than a natural person.
3. "Vendor" shall not include City officers or employees.
4. For purposes of this section, "vendor" status shall terminate upon
completion of performance of the agreement for the provision of
goods, equipment or service.
b. Services. For purposes of this section, the term "services" shall
mean the rendering by a vendor through competitive bidding or
otherwise, of labor, professional and/or consulting services to the City,
including, but not limited to, the provision of lobbying services to the
City.
c. Campaign contributions. The term "campaign contribution" shall
have the meaning which is ascribed to the term "contributions"
pursuant to F .S. 9 106.011, as amended.
(b) Waiver of prohibition.
(1) Criteria for waiver. The requirements of this section may be
waived by the affirmative vote of five members of the City Commission
for a particular transaction after a public hearing, upon finding that:
a. The goods, equipment or services to be involved in the proposed
transaction are unique and the City cannot avail itself of such goods,
equipment or services without entering into a transaction which would
violate this section but for waiver of its requirements; or
b. The business entity involved in the proposed transaction is the
sole source of supply as determined by the City Manager in
accordance with procedures established by the City Manager; or
c. An emergency contract (as authorized by subsection 2-253(5) of
this Code) must be made in order to protect the health, safety or
welfare of the citizens of the City; or
d. A contract for the provision of goods, equipment or services
exists which, if terminated by the City would be substantially adverse
to the best economic interests of the City.
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(2) Limited waiver. Notwithstanding the denial of the City
Commission of a waiver request regarding the provision of goods,
equipment or services under an existing contract pursuant to
subsection (b)a. above, the City Commission, may by the affirmative
vote of five members of the City Commission after a public hearing,
grant a limited waiver concerning an existing contract for the provision
of goods, equipment or services between a vendor and the City upon
finding that in order to protect the health, safety and welfare of the
citizens of the City, it is necessary that the affected contract be
continued for a limited duration (not to exceed a period of six months)
in order for the City to obtain a replacement vendor.
(3) Full disclosure. Any grant of a waiver or limited waiver by the
City Commission must first be supported with a full disclosure of the
subject campaign contribution.
(c) Implementation. The City Manager is authorized to adopt
additional procurement procedures for goods, equipment or services
to implement this section. These procedures shall provide for the
assembly, maintenance and posting of an official City vendor list as
referenced above.
(d) Penalty. The Ethics Commission created pursuant to Miami-
Dade County Ordinance 97-105, shall have primary jurisdiction for
enforcement of this section. A finding by the Ethics Commission that a
person violated this section, shall subject such person to an
admonition or public reprimand and/or a fine of $250.00 for the first
violation, and $500.00 for each subsequent violation.
(e) Applicability. This section shall be applied only prospectively to
campaign contributions which are made after the date of this section.
(Ord. No. 2005-14, 93,10-11-05)
The City of Aventura reserves the right to accept or reject any and/or all
proposals or parts of proposals, to workshop or negotiate any and all proposals,
to waive irregularities, and to request re-proposals on the required materials or
services.
Eric M. Soroka
City Manager
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REQUEST FOR PROPOSALS
SUBJECT:
OPENING DATE & TIME:
Valet/Parking Management Services
April 9, 2010 @ 2:00 P.M.
SUBMIT TO:
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER:
10-4-09-2
INTENT
The City of Aventura, Florida (the "City") is inviting the submission of proposals
from qualified firms to provide professional valet/parking management services
for the Aventura Arts and Cultural Center and for other City events as required by
the City.
BACKGROUND
The City will be opening and operating a 324 seat Arts and Cultural Center that
will hold live concerts, plays, and various other performances and exhibits. The
City desires to engage the services of a qualified firm to provide professional,
knowledgeable, competent, and skilled personnel to perform valet and parking
management services for this facility and other events as required by the City.
SERVICES SOUGHT
The purpose of this request for proposal is to establish the most effective and
efficient methods of providing valet/parking management services for the City.
These services will be needed for all performances at the Arts and Cultural
Center, including weekends, evenings, and holidays, as well as occasional
valet/parking management services as needed at various City buildings
throughout the year. The proposal shall include the following information at a
minimum.
1. Qualifications of firm and principals, including but not limited to: firm's
history; number of years in business; local availability of key personnel;
demonstrated ability provide valet/parking management services, financial
stability of firm, and the ability to perform all services relating to valet/parking
management as required by the City Manager or designee. The successful
firm shall comply with all applicable Federal, State, and local laws and
regulations.
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2. Provide all necessary licenses and permits and evidence of insurance and
insurability, and conform to all applicable laws and regulations.
3. Provide a complete plan detailing valet/parking management services for the
Aventura Arts and Cultural Center. (See map)
4. Past performance, letters of references from past clients and all factual
information shall be provided by each firm. All of these factors and other
information contained in each proposal will be taken into consideration and
evaluated.
5. The successful firm will be required to meet with any involved City
department personnel upon request by the City Manager. The successful
firm's representative shall be available to resolve any related issues that
arise during the normal course of providing the requested services. The
successful firm will be expected to coordinate and communicate effectively
with designated City personnel. The frequency, nature, scope, and
definition of the services desired by the City may change from time to time,
at the City's sole discretion.
PERFORMANCE, OPERATIONS, AND PERSONNEL STANDARDS
0/ The successful firm shall provide proof that all employees assigned to the
City have the appropriate and valid driver licenses as determined by state
statutes; undergone criminal background screening and drug screening
both at hire and during the term of the Agreement.
0/ Tobacco use of any kind is not permitted while on duty at all City events.
0/ All financial transactions will be subject to City procedures and audit.
0/ All valet staff shall be fluent in English or be bi-lingual with English as one
of the spoken languages.
0/ All valet staff shall be groomed to present a professional image for the
City.
0/ The successful proposer shall have a management representative on site
at all times during valet/parking activities.
0/ The successful proposer shall supply all necessary equipment, including
but not limited to cones, valet stand, secure key storage, queuing lines,
etc.
0/ The successful proposer shall provide services solely as an independent
contractor.
0/ All staff shall be prompt and dressed in proper uniforms when reporting to
duty. Uniforms shall be provided by the successful firm.
0/ All vehicles shall be attended to and operated in a safe, competent and
courteous manner.
CONTENT OF PROPOSAL
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Please submit the following information, with responses numbered accordingly,
on
8.5" x 11" sheets:
1. Name, address, telephone, fax number and email address of your firm.
2. Type of organization (Le., individual, partnership, corporation, joint
venture, etc.), year established, and address of home office if different
than above.
3. Principals of the firm.
4. Name and title of person who will be responsible for City account.
5. Name, function, and qualifications of personnel in the organization who
will be involved in this project. Please note, to receive further
consideration, the contact person assigned to this project must, within
the past five years, have conducted or been solely responsible for
providing valet/parking management services in a similar environment.
6. General, workers compensation, automobile and professional liability
insurance company name, and extent of coverage.
7. Dress and/or Grooming Code for employees.
8. A complete list of present clients and at least five letters of
recommendation.
9. Any other information you feel is appropriate to assist in the selection
process.
10. Respondents must submit five (5) copies of the proposal.
11. Valet/parking management plan demonstrating compliance with the
performance, operation, and personnel standards outlined on page 3
of this RFP.
12. Submittals shall be received no later than 2:00 P.M. on April 9, 2010
and clearly marked on the outside "RFP # 10-4-09-2 Valet/Parking
Management Services Proposal".
EVALUATION OF PROPOSALS
1. A Review Committee consisting of the City Manager, Community Services
Director and the Arts and Cultural Center General Manager will evaluate
written proposals. Evaluation will include the following criteria:
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0/ Qualification and experience of personnel who will be directly involved in
all elements of the work.
0/ Firm size, age, and organizational structure.
0/ Financial stability of firm.
0/ Firm's experience with valet/parking management that is similar to the
requests of this RFP.
0/ Safety record.
0/ Innovative ideas as evidenced by the submittal.
0/ Proven ability of firm to effectively manage valet/parking management
services to ensure successful programs and performances at the Arts and
Cultural Center and other venues as directed by the City.
2. The highest ranked proposals will be identified and those firms will be
requested to make a formal presentation before the selection committee. The
selected firms will then be ranked according to the content of their
presentations. The City Manager will then recommend that the City
Commission adopt a resolution authorizing the City Manager to negotiate an
agreement with the highest-ranking firm to provide valet and parking
management services for the City.
QUESTIONS
Questions concerning this Request For Proposals should be directed in writing
to:
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Issues of substance that are brought to the attention of the City will be responded
to in writing, and copies provided to all firms of record who have received copies
of the RFP.
CITY'S RIGHTS
The City reserves the right to accept or reject any and/or all proposals or parts of
proposals, to workshop or negotiate any and all proposals, to waive irregularities,
and to request re-proposals on the required materials or services. The City
Commission shall make a final determination and award of proposal(s).
All materials submitted in response to the Request For Proposals become the
property of the City and will be returned only at the option of the City. The City
has the right to use any or all ideas presented in any response to the RFP,
whether amended or not, and selection or rejection of the Proposal does not
affect this right, provided however, that any submittal that has been submitted to
the City Manager's Office may be withdrawn prior to submittal opening time
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stated herein, upon proper identification and signature releasing submittal
documents back to the proposing firm.
CONE OF SILENCE PROVISION
A. Notwithstanding any other provision of these specifications, the
provisions of City Code Sec. 2-260 "Cone of Silence" are applicable to
this transaction. The "Cone of Silence," as used herein, means a
prohibition on any communication regarding a particular Request For
Proposal ("RFP"), Request for Qualification ("RFQ") or bid, between:
a potential vendor, service provider, proposer, bidder,
lobbyist, or consultant, and:
the City Commission, City's professional staff including, but
not limited to, the City Manager and his or her staff, any
member of the City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ
and bid after the advertisement of said RFP, RFQ, or bid.
C. The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or
her written recommendation to the City Commission. However,
if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the Cone of
Silence shall be re-imposed until such time as the Manager
makes a subsequent written recommendation.
D. The Cone of Silence shall not apply to:
(1) Oral communications at pre-bid conferences;
(2) Oral presentations before selection or evaluation
committees;
(3) Public presentations made to the City
Commissioners during any duly noticed public
meeting;
(4) Communications in writing at any time with any
City employee, unless specifically prohibited by
the applicable RFP, RFQ or bid documents. The
bidder or proposer shall file a copy of any written
communication with the City Clerk. The City Clerk
shall make copies available to any person upon
request;
(5) Communications regarding a particular RFP, RFQ
or bid between a potential vendor, service
provider, proposer, bidder, lobbyist or consultant
and the City's Purchasing Agent or City employee
designated responsible for administering the
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procurement process for such RFP, RFQ or bid,
provided the communication is limited strictly to
matters of process or procedure already contained
in the corresponding solicitation document;
(6) Communications with the City Attorney and his or
her staff;
(7) Duly noticed site visits to determine the
competency of bidders regarding a particular bid
during the time period between the opening of bids
and the time the City Manager makes his or her
written recommendation;
(8) Any emergency procurement of goods or services
pursuant to City Code;
(9) Responses to the City's request for clarification or
additional information;
(10) Contract negotiations during any duly noticed
public meeting;
(11) Communications to enable City staff to seek and
obtain industry comment or perform market
research, provided all communications related
thereto between a potential vendor, service
provider, proposer, bidder, lobbyist, or consultant
and any member of the City's professional staff
including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly
noticed public meeting.
E. Please contact the City Attorney for any questions concerning Cone of
Silence compliance.
F. Violation of the Cone of Silence by a particular bidder or proposer shall
render any RFP award, RFQ award or bid award to said bidder or
proposer voidable by the City Commission and/or City Manager.
INSURANCE REQUIREMENTS
Such policy or policies shall be without any deductible amount unless otherwise
noted in this Agreement and shall be issued by approved companies authorized
to do business in the State of Florida, and having agents upon whom service of
process may be made in Miami-Dade County, Florida. The vendor shall pay all
deductible amounts, if any. The vendor shall specifically protect the City and by
naming the "City of Aventura" as additional insureds under the Commercial
Liability Policy as well as on any Excess Liability Policy coverage. The official
title of the certificate holder is the "City of Aventura." This official title shall be
used in all insurance documentation.
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The Contractor shall purchase and maintain, in full force and effect for the life of
the contract, at contractor's sole expense, the following insurance policies:
1. A business automobile policy (including automobile liability, garage
keepers, and garage liability) which covers any vehicles used in
connection with this agreement, regardless of whether the vehicle
is owned, rented, hired or borrowed by the contractor. Minimum
limits for bodily/property damage liability shall be One Million
Dollars ($1,000,000) per occurrence. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business
Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
Owned Vehicles, if applicable.
Hired and Non-Owned Vehicles, if applicable.
Employers' Non-Ownership, if applicable.
2. A Comprehensive general liability policy shall be provided which
shall contain minimum limits of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) combined single
limit for bodily injury liability and property damage liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Commercial General Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office
and must include:
Premises and/or operations.
Independent contractors.
Products and/or Completed Operations for contracts. Broad
Form Contractual Coverage applicable to this specific
Agreement, including any hold harmless and/or indemnification
agreement.
Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
3. A workers' compensation and employer's liability policy which
covers all of the contractor's employees to be engaged in work on
this contract as specified by and in accordance with Chapter 440,
Florida Statutes, as may be amended from time to time, the
"Workers' Compensation Law" of the State of Florida, and all
applicable federal laws. In addition, the policy(ies) must include:
19
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000) each accident.
If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen &
Harbor Workers Act and Jones Act.
The contractor acknowledges that the City will not be held responsible for
Workers' Compensation or medical care for any/all of the contractor's
employees.
4. A crime policy or fidelity bond covering, among other things: theft,
employee dishonesty, or embezzlement. The policy or bond shall
have minimum limits of Five Hundred Thousand Dollars
($500,000.00) per occurrence.
5. A garage keepers liability policy with a limit of One Million Dollars
($1,000,000), with no limit on the value that will be paid for damage
to anyone car.
The City of Aventura shall be named as additional insured on policies listed as 1-
5 of the contractor's above required policies of insurance except for the Workers'
Compensation insurance. The form and types of coverage and sufficiency of
insurer shall be subject to approval of the City Manager.
The contractor agrees to indemnify, defend and hold harmless the City of
Aventura from and against any and all claims, suits, judgments, executions,
and/or liabilities as to bodily injuries and/or property damages which arise or
grow out of this contract or contractors performance or operations hereunder.
The contractor shall, in its contract with the City, be required to indemnify and
hold harmless the City and its officers, agents, employees and instrumentalities
from any and all liability, claims, liabilities, losses, and causes of action, including
attorneys' fees and costs of defense which the City or its officers, employees,
agents and instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind of nature arising out of, or relating
to or resulting from the provision of professional valet/parking management
services by the contractor and/or its officers, employees, agents or independent
contractors. The contractor shall be required to pay all claims and losses in
connections therewith, and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments and attorneys' fees
which may issue thereon. The City shall require that the contractor expressly
understands and agrees that any insurance protection required by this
agreement or otherwise provided by the contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City and its
officers, employees, agents or instrumentalities as herein provided.
20
Copies of all policies or certificates of such insurance shall be delivered to the
city, and said documentation shall provide for the City to be notified a minimum of
thirty (30) days prior to any cancellation, termination, reduction or non-renewal of
any required insurance policy.
The Contractor shall also, upon request by the City, provide copies of all official
receipts and endorsements as verification of contractor's timely payment of each
insurance policy premium as required by this contract.
Coverage is not to cease and is to remain in force (subject to cancellation notice)
until all performance required of the vendor is completed. All policies must be
endorsed to provide the City with at least thirty (30) days' notice of expiration,
cancellation, and/or restriction. If any of the insurance coverages will expire prior
to the completion of the work, copies of renewal policies shall be furnished at
least thirty (30) days prior to the date of their expiration.
The City reserves the right to review and revise any insurance requirements at
the time of renewal or amendment of this Agreement, including, but not limited to,
deductibles, limits, coverage, and endorsements based on insurance market
conditions affecting the availability or affordability of coverage, or changes in the
scope of work or specifications that affect the applicability of coverage. If the
vendor uses a subcontractor, then the vendor shall ensure that subcontractor
names the City as an additional insured.
21
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Ci
TO: City Commission
DATE: June 21, 2010
SUBJECT: Disbursement of Police Forfeiture Funds
July 6, 2010 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $17,000 for Crime Prevention
Programs, equipment and training and traffic unit office enhancementS from the
Police Forfeiture Fund in accordance with the City Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01694-10
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
FROM:
Eric M. Soroka, City Manager
Steven Steinberg, Chief of Police
DATE:
SUBJECT:
7 June 2010
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Crime Prevention programs, equipment and training
$10,000
Total Expenditure Request:
$10,000
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were !!2! considered in the adoption and approval of the budget
of the Police Department.
Summary
Crime Prevention equipment, programs and training - This is a request to
spend up to $10,000 of forfeiture funds to fund our departmental Crime
Prevention unit. Funds will be used for crime prevention programs, equipment
and training for the upcoming FY 2010-2011. All expenses for FY 2010 - 2011
for the Crime Prevention unit will come out of these approved funds in lieu of the
Operating budget or CIP budget.
CITY OF A VENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
Eric M. Soroka, City Manager
FROM:
Steven Steinberg, Chief of Police
DATE:
4 June 2010
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
PO Traffic unit office enhancement
$7,000
Total Expenditure Request:
$7,000
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Traffic unit office enhancement - This is a request to spend up to $7,000 of
forfeiture funds to enhance the traffic unit office. The current office area this unit
is working out of is under sized for the number of employees and their job
function. This enhancement will increase their office space and well as provide
additional storage and work spaces.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AI
Community Deve op
DATE: June21,2010
SUBJECT: Resolution supporting Regional Planning Councils' funding application to
develop a Regional Plan for Sustainable Development
July 6, 2010 City Commission Meeting Agenda Item 5 G
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution.
BACKGROUND
The City has received the attached letter from the South Florida Regional Planning
Council requesting support for its joint application with the Treasure Coast Regional
Planning Council to the US Department of Housing and Urban Development (HUD) for
funding under the Sustainable Communities Planning Grants Program. If awarded, the
grant will be used to develop a Regional Plan for Sustainable Development for
Southeast Florida.
The proposed Regional Plan for Sustainable Development is intended to incorporate all
current local plans and initiatives into one region-wide plan for Southeast Florida. The
region-wide plan will provide access to state and federal funding resources for these
plans and initiatives.
South
Florida
Regional
Planning
Council
~
~
May 14, 2010
Mr. Eric M. Soroka, ICMA-CA
City Manager
City of A ventura
19200 W. Country Club Drive
Aventura, FL 33180
Dear Mr. Soroka:
I am pleased to invite the City of A ventura to become part of an exciting new initiative that is underway
in Southeast Florida. The South Florida and Treasure Coast Regional Planning Councils are developing a
joint application to the U.S. Department of Housing and Urban Development (HUD) Sustainable
Communities Planning Grants Program through a collaborative effort of the "Southeast Florida Regional
Partnership." This is a growing partnership of public, private, non-profit, and civic stakeholders from the
seven-county region of Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, and Indian River
Counties. This partnership includes, but is not limited to, water resource, housing, environmental and
transportation agencies; local governments; non-profits; human services funders; community-based and
civic organizations; academia and research institutions; school boards and other educational partners;
economic development organizations; and private sector organizations.
A key component of the Sustainable Communities Initiative is the development of a "Regional Plan for
Sustainable Development" for regions that lack a cohesive, integrated regional "vision" across issue areas
and jurisdictional boundaries. This program is expected to provide up to $5 million for large
metropolitan regions to support the development of the Regional Plan. This Plan will serve as the
framework for future federal investment and support the efforts of individual counties, municipalities
and other partners whose plans and projects further the implementation of the regional vision and plan.
The absence of a regional, collaborative partnership and shared vision for Southeast Florida has left our
region at a competitive disadvantage when we seek to access needed state and federal resources.
Envision Utah, One Bay (Tampa), Portland Metro 2040, Denver Metro Vision 2040, Sacramento Area
Blueprint (2004), and Myregion.org (Orlando) are examples of regions that have well established multi-
sector partnerships and regional strategies for quality communities and growth. We can and must do
better if we are to build a prosperous and sustainable region and access the resources Southeast Florida
needs to move ahead.
We hope that the City of Aventura will consider adding its support to this effort by executing the
enclosed Memorandum of Understanding (MOU), and preparing a letter and/ or resolution of support
that can accompany the federal funding application due this summer. We ask that you please designate a
point of contact for your organization to ensure that you are kept fully up-to-date with information about
ongoing activities and opportunities to participate in the work of the Partnership.
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, State (800) 985-4416
Fax (954) 985-4417, e-mail sfadmin@sfrpc.com, website: www.sfrpc.com
Mr. Eric M. Soroka, ICMA-CA
May 14,2010
Page 2
The HUD Notice of Funding Availability (NOFA), with specific grant requirements, is expected to be
published in the next few weeks. At this time we are anticipating an application due date in mid-
summer. Please find herewith additional information related to this effort and the Sustainable
Communities Planning Grants Program. Electronic copies of the Abstract, Memorandum of
Understanding, Sample Resolution of Support, and the Sample Letter of Support can be accessed at
www.sfrpc.com by clicking on the Southeast Florida Regional Partnership logo.
.
Abstract
Frequently Asked Questions
Cover Letter from Council Chairs Scuotto
and Ferreri
.
SFRPC / TCRPC Resolutions
Sample Resolution of Support
Sample Letter of Support
Memorandum of Understanding
.
.
.
.
.
Additional information about the Sustainable Communities Planning Grants Program can be accessed at:
http:// www.icleiusa.org/ action-center I affecting-
policy /Sustainable%20Communities%20Planning%20Grants%20W ebinar%20slides. pdf
Thank you in advance for your time, consideration, and support. I look to you for guidance regarding
what are the next steps related to this request. Please do not hesitate to contact me, or Isabel Cosio
Carballo (isabelc@sfrpc.com) of Council staf( if we can provide you with additional information or
otherwise be of assistance.
Sincerely,
C~/ I
Cawlyn A. ~
Executive Director
CAD/kal
Enclosures
cc: Michael J. Busha, TCRPC
ABSTRACT
May 14,2010
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Sustainable Communities Initiative
A federal partnership initiative of US HUD, DOT, and EP A
On June 16 2009, the U.S. Department of Housing and Urban Development (HUD), the U.S.
Department of Transportation (DOT), and the U.S. Environmental Protection Agency (EPA)
announted a new partnership to regionally coordinate federal housing, environmental protection,
and transportation planning and investment. Federal funding to support this effort is being
provided under HUD's Sustainable Communities Planning Grants Program.
In the past, the absence of a regional, collaborative partnership and shared vision for Southeast
Florida has left our region at a competitive disadvantage when we seek to access needed state
and federal resources. Envision Utah, One Bay (Tampa), Portland Metro 2040, Denver Metro
Vision 2040, Sacramento Area Blueprint (2004), and Myregion.org (Orlando) are examples of
regions that have well established multi-sector partnerships and regional strategies for quality
communities and growth. While progress has been made in many issue areas, including
transportation, water supply, and climate change planning with the recent signing of the four-
county Regional Compact, these examples are the exception rather than the rule. We must do
better if we are to build a prosperous and sustainable region and access the resources Southeast
Florida needs to move ahead.
The Southeast Florida region includes Monroe, Miami-Dade, Broward, Palm Beach, Martin, St.
Lucie, and Indian River counties. Together this seven-county Region represents the 5th largest
metropolitan area in the country. These seven counties, though diverse, have much in common
including a shared history, environment and watershed, economic interdependence, transportation
system, and recreational, social and cultural activities. This seven county area is classified as
"Southeast Florida" by Enterprise Florida, and defined as the "Southeast Region" in the Strategic
Intermodal Plan of the Florida Department of Transportation.
A key component of the Sustainable Communities Initiative is the development of a "Regional Plan
for Sustainable Development" for regions that lack a cohesive, integrated regional "vision" across
issue areas and jurisdictional boundaries. In Southeast Florida, significant resources, time and
effort have been invested in planning throughout the years. There are existing regional
relationships and partnerships that can be strengthened and expanded. The challenge is to
integrate these partnerships and efforts across issue areas and jurisdictional lines and reach
agreement on the critical infrastructure investments needed to move the region forward.
The U.S. HUD's Sustainable Communities Initiative is the region's best opportunity to access up to
$5 million to articulate and develop consensus around a "Regional Vision" and "Regional Plan for
Sustainable Development." It is expected that this Plan will: 1) serve as the framework for future
federal investment; 2) support the efforts of individual counties, municipalities ~nd other regional
partners whose plans and projects further the implementation of the regional Vision and Plan; and
3) put the Southeast Florida Region in the best position possible to capture federal funds for
critical infrastructure projects designed to improve the region's sustainability.
The South Florida Regional Planning Council and Treasure Coast Regional Planning Council are
coordinating the development of a comprehensive joint application for Sustainable Communities
Initiative funding on behalf of the Southeast Florida Regional Partnership. The Partnership
represents a broad-based group of regional stakeholders, including but not limited to, water
resource, housing, human services, environmental and transportation agencies and organizations;
community-based organizations; health care organizations and funders; local governments; non-
profits; academia and research institutions; and private sector organizations.
Several organizational meetings with the regional stakeholders have occurred and are scheduled.
Necessary pre-application work has been performed by the Councils that will assist in preparing
and submitting a complete application on time. The Councils have requested from its partners
letters and resolutions of support and, where appropriate, the execution of 0 Memorandum of
Understanding to memorialize the regional partnership. These documents will accompany the
application. The HUD Notice of Funding Availability (NOFA) is expected to be published in May
2010. The NOFA will contain additional information related to application dates and other
requirements.
For additional information, please contact:
South Florida Regional Planning Council
954.985.4416
Treasure Coast Regional Planning Council
772.221.4060
Carolyn A. Dekle (cdekle@sfrpc.com)
Executive Director
Michael J. Busha (mbusha@tcrpc.orQ)
Executive Director
Isabel Cosio Carballo (isabelc@sfrpc.com)
Coordinator, Legislative & Public Affairs
Cell 954.240.3012
Liz Gulick (Igulick@tcrpc.org)
Administrative Supervisor
Southeast
Florida
Regional
Partnership
Indian River
St. lucie
Martin
Palm Beach
Sroward
Miami-Dade
Mo nroe
052510
FREQUENTLY ASKED QUESTIONS
What is the Southeast Florida Regional Partnership?
The Southeast Florida Regional Partnership is a growing broad-based, multi-sector
partnership composed of public, private, non-profit, community-based and civic
stakeholders from Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, and
Indian River counties. Partnership members include, but are not limited to, private sector
organizations; water resource, housing, environmental and transportation agencies and
organizations; local governments; non-profits; philanthropic organizations; human services
funders; community-based and civic organizations; academia and research institutions;
school boards and other educational partners; and economic development organizations.
The Southeast Florida Regional Partnership is building upon existing working relationships
and partnerships to establish a regional partnership and develop an application to the
Sustainable Communities Planning Grants Program. This program is sponsored by the
United States Department of Housing and Urban Development (HUD) in coordination with
the United States Department of Transportation (DOT) and the United States
Environmental Protection Agency (EPA). Partnership members are committed to the
sustainable development and redevelopment of Southeast Florida, and support the
following "Livability Principles."
1. Provide more transportation choices;
2. Promote equitable, affordable housing;
3. Enhance economic competitiveness;
4. Support existing communities;
5. Coordinate policies and leverage investment;
6. Value communities and neighborhoods; and
7. Enhance community resiliency to the impacts of climate change.
Do these seven counties really have that much in common?
The Southeast Florida region is comprised of Monroe, Miami-Dade, Broward, Palm Beach,
Martin, St. Lucie and Indian River counties. Together, this region represents the 5th largest
metropolitan area in the country. These seven counties, though diverse, have much in
common including a shared history, environment and watershed, economic
interdependence, transportation system, and recreational, social and cultural activities.
This seven county area is classified as "Southeast Florida" by Enterprise Florida, and
defined as the "Southeast Region" in the Strategic Intermodal Plan of the Florida
Department of Transportation.
Does the Southeast Florida Regional Partnership exist only for the purpose of applying
for the Sustainable Communities Planning Grants Program?
The opportunity presented by the Sustainable Communities Planning G~ants Program has
provided renewed impetus for bringing together and expanding existing local and
regional partnerships under the umbrella of a new "Southeast Florida Regional
Partnership." Just as other parts of the state and country have proactively organized
themselves to more effectively address opportunities and challenges facing their regions,
the Southeast Florida Regional Partnership has the potential to provide tremendous value
and leadership in Southeast Florida beyond any individual grant opportunity. The
Partnership needs to continue to mature and evolve into a forum where discussion and
decision-making on issues of regional importance can occur.
What are the roles of the South Florida and Treasure Coast Regional Planning Councils
in this Initiative?
The Governing Boards of the South Florida and Treasure Coast Regional Planning Councils
have directed their respective staffs to spearhead the formal organization of the
Southeast Florida Regional Partnership, and preparation of a regional application to the
U.S. HUD's Sustainable Communities Planning Grants Program. The South Florida and
Treasure Coast Regional Planning Councils are also members of the Southeast Florida
Regional Partnership.
The word "Sustainable" is used a lot. What does it mean?
The concept of sustainability holds that the demands of today must not supersede the
needs of the future. Sustainability is often narrowly associated with natural systems but in
reality applies to the entire living environment. This environment includes social and
economic systems that are also demanding on finite resources.
Sustainable development of the Region requires balance between the resource
requirements of the environment, the economy, and society. Bold strategies supporting the
social and economic components of sustainability are needed in South Florida, and they
must reflect interdependent relationships between the natural environment, built
environment, social institutions, and the economy.
What is the Sustainable Communities Initiative and Sustainable Communities Planning
Grants Program?
On June 16 2009, the U.S. HUD, DOT, and EPA announced an Interagency Partnership for
Sustainable Communities. The goal of this interagency partnership is to regionally
coordinate federal housing, environmental protection, and transportation planning and
investment. Federal funding to support this effort is being provided under HUD's
Sustainable Communities Planning Grants Program.
The Fiscal Year 201 0- 11 Federal Budget includes $150 million in start-up funding for the
HUD Sustainable Communities Planning Grants Program. A fund of $1 00 million has been
created to encourage metropolitan regions to articulate a vision for growth tailored to
specific metropolitan markets that federal housing, transportation, and other federal
052510
2
052510
investments can support. A fund of $40 million is earmarked to support the update of local
land use and zoning rules and assist states and localities in the design and implementation
of planning reforms at the local and regional levels that will support the creation of
"affordable, economically vital and sustainable communities." The remaining $10 million
will support research and evaluation efforts. Second year funding (FY20 11-1 2) for the
Program is currently being discussed in Washington.
What do we know about the Sustainable Communities Planning Grants Program?
The HUD Notice of Funding Availability (NOFA) is not expected to be released until late
May, early June 2010. The Pre-NOFA that was released in March clearly states that the
goal of the Sustainable Communities Planning Grants Program is to support multi-
jurisdictional regional planning efforts that integrate housing, economic development,
and transportation decision-making in a manner that empowers jurisdictions to consider the
interdependent challenges of economic growth, social equity and environmental impact
simultaneously.
Three funding categories are being considered:
Category 1 - Funding to support the preparation of Regional Plans for Sustainable
Development that address housing, economic development, transportation, and
environmental quality in an integrated fashion where such plans do not currently exist;
Category 2 - Funding to support the preparation of more detailed execution plans and
programs to implement existing regional sustainable development plans (that address
housing, economic development, transportation, and environmental quality in an integrated
fashion); and
Category 3 - Implementation funding to support regions that have regional sustainable
development plans and implementation strategies in place and need support for a
catalytic project or program that demonstrates commitment to and implementation of the
broader plan.
Criteria "Livability Principles"
HUD, EP A, and DOT have adopted the following six "Livability Principles" to guide their
strategic activities and investments. The Southeast Florida Regional Partnership has
adopted the six principles and added a seventh "Enhance community resiliency to the
impacts of climate change."
1. Provide more transportation choices;
2. Promote equitable, affordable housing;
3. Enhance economic competitiveness;
4. Support existing communities;
5. Coordinate policies and leverage investment;
6. Value communities and neighborhoods; and
7. Enhance community resiliency to the impacts of climate change.
3
Where does Southeast Florida fit in?
Southeast Florida clearly fits into Category 1 - development of a "Regional Plan for
Sustainable Development." What is not clear at this time is whether grant applicants will
be able to apply for funding in more than one category, particularly absent the existence
of an adopted Regional Vision and Plan.
A key component of the Sustainable Communities Planning Grants Program is the
development of 0 "Regional Plan for Sustainable Development" for regions that lack a
cohesive, integrated regional "vision" across issue areas and jurisdictional boundaries.
In Southeast Florida, significant resources, time and effort hove been invested in planning
throughout the years. There ore existing regional relationships and partnerships that con
be strengthened and expanded. The challenge is to integrate these partnerships and
efforts across issue areas and jurisdictional lines and reach agreement on a preferred
future for the region and critical infrastructure investments needed to move the region
forward.
Why is it important to develop the "Regional Plan for Sustainable Development"?
The HUD's Sustainable Communities Initiative is the region's best opportunity to access up
to $5 million to articulate and develop consensus around 0 "Regional Vision" and
"Regional Plan for Sustainable Development." It is expected that this Plan will: 1) serve as
the framework for future federal investment; 2) support the efforts of individllal counties,
municipalities and other regional partners whose plans and projects further the
implementation of the regional Vision and Plan; and 3) put the Southeast Florida Region in
the best position possible to capture future federal funds for critical infrastructure projects
designed to improve the region's sustainabiJity.
The absence of 0 regional, collaborative partnership and shared vIsion for Southeast
Florida has left our region at a competitive disadvantage when we seek to access needed
state and federal resources. Envision Utah, One Boy (Tampa), Portland Metro 2040,
Denver Metro Vision 2040, Sacramento Area Blueprint (2004), and Myregion.org
(Orlando) are examples of regions that hove well established multi-sector partnerships
and regional strategies for quality communities and growth. While Southeast Florida has
made progress in many issue areas, including transportation, water supply, and climate
change planning with the recent signing of the four-county Southeast Florida Regional
Climate Change Compact, these examples are the exception rather than the rule.
How much funding is available?
In Fiscal Year 2010-11, approximately $98- 100 million is available for the Sustainable
Communities Planning Grants Program for the three categories of funding discussed
above. According to the HUD Pre-NOFA, the grant amount awarded under the Program
to on eligible entity that represents a large metropolitan area with a population of
500,000 or more may not exceed $5,000,000. Additional information will be available
once the NOFA is released.
052510
4
What is the grant match requirement?
HUD expects that "at least 20 percent of the overall costs of the projects awarded under
this grant will include leveraged funding from other public, philanthropic and private
sources including in-kind contributions." Additional information will be contained in the
NOFA once it is released.
Where does the Southeast Florida Regional Partnership expect to get its match?
Southeast Florida's public, private, non-profit, and philanthropic partners are making
significant investments to promote the creation of more sustainable communities. Project
consultants assisting the Southeast Florida Regional Partnership are researching whether or
not these existing investments may count toward the 20% match requirement. We will
bring to the Partnership their research findings and guidance from the NOFA once it
released for discussion on the match issue.
Who is applying for the grant on behalf of the Southeast Florida Regional Partnership?
The South Florida Regional Planning Council, in partnership with the Treasure Coast
Regional Planning Council, is applying for the grant.
If the grant funds are awarded, how will they be used?
The grant funds will be used to support the development of the Southeast Florida Regional
Partnership, and development and implementation of a work plan which will lead to the
creation and adoption of the Regional Vision and Plan for Sustainable Development.
Why should my organization participate or support this effort? How will this benefit
my community?
The development of the Regional Vision and Plan for Sustainable Development will
require broad input and collaboration from stakeholders and communities throughout the
region. To the extent that the priorities of your organization contribute to a more
sustainable region - communities, economy, and environment - and are articulated in the
adopted Vision and Plan, it is expected that they will be elevated and given greater
weight when under consideration for future state and federal funding.
How can you and/or your organization support this regional effort?
Everyone can contribute to this regional initiative.
1. Join the South Florida Regional Partnership!
2. Execute the Partnership Memorandum of Understanding
3. Write a letter of Support for the grant application
4. Pass a Resolution in support of this regional initiative
5. Help grow the Partnership by reaching out to potential partner organizations
6. Become a member of the application development team
052510
5
The Memorandum of Understanding, sample letter of support, and sample resolution can
be accessed via www.sfrpc.com by clicking on the Southeast Florida Regional Partnership
logo.
What is expeded of Partner organizations?
The Sustainable Communities Planning Grants Program is specifically designed to support
the efforts and collaborations of regional partnerships. At this point in time, it is expected
that Partner members, organizations and individuals, will work collaboratively and in
good faith to grow the Partnership and assist in the preparation of a competitive
application to the extent that they are able.
It is hoped that "Partner" organizations will execute the Memorandum of Understanding
(MOU) and support the application with a letter and resolution of support. The MOU is the
"Partnership" document. The use of a "Partnership Agreement," similar to the MOU, was
an important component of the Eastward Ho! Brownfields Partnership's successful
application to become one of sixteen original "Brownfields Showcase Communities" in
1998.
This document is important because it affirms the existence of a committed group of
regional stakeholders that are working together to forward the seven livability principles
outlined above, six of which are specific priorities of U.S. HUD, EPA, and DOT.
Will signing the MOU obligate me in any way?
The MOU is not a legal document. It does not obligate the signatory to provide anything,
including financial or staff resources. Participation in the work of the Southeast Florida
Regional Partnership is voluntary.
For additional information, please contad:
South Florida Regional Planning Council
954.985.4416
Treasure Coast Regional Planning Council
772.221.4060
Carolyn A. Dekle (cdekle@sfrpc.com)
Executive Director
Michael J. Busha (mbusha@tcrpc.org)
Executive Director
Isabel Cosio Carballo (isabelc@sfrpc.com)
Coordinator, legislative & Public Affairs
Cell 954.240.301 2
Liz Gulick (Igulick@tcroc.org)
Administrative Supervisor
052510
6
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY OF AVENTURA SUPPORTING
THE REGIONAL PLANNING COUNCILS OF SOUTHEAST
FLORIDA IN PREPARING A COMPREHENSIVE JOINT
APPLICATION UNDER THE FEDERAL SUSTAINABLE
COMMUNITIES INITIATIVE AND ESTABLISHING A WORKING
PARTNERSHIP AGREEMENT WITH PUBLIC, PRIVATE, NON-
PROFIT, AND CIVIC SECTOR ORGANIZATIONS, INCLUDING
BUT NOT LIMITED TO, WATER RESOURCE, HOUSING,
HUMAN SERVICES, ENVIRONMENTAL AND
TRANSPORTATION AGENCIES, COMMUNITY-BASED
ORGANIZATIONS, LOCAL GOVERNMENTS, NONPROFITS,
ACADEMIA AND RESEARCH INSTITUTIONS, SCHOOL
BOARDS AND PRIVATE SECTOR ORGANIZATIONS.
WHEREAS, on June 16, 2009, the U.S. Department of Housing and Urban
Development (HUD), the U.S. Department of Transportation (DOT), and the U.S.
Environmental Protection Agency (EPA) announced a new partnership to regionally
coordinate federal housing, environmental protection, and transportation planning and
investment; and
WHEREAS, this new partnership is looking to multidisciplinary regional councils of
government to identify and coordinate regional strategies that:
. Provide a regional vision or plan for sustainable growth
. Integrate housing, water infrastructure, transportation, land use planning and
investment
. Address energy efficiency
. Address the impacts of climate change through the development of mitigation
and adaptation strategies
. Foster compatibility of sustainable built systems with restoration of the Florida
Everglades
. Promote the creation of equitable, sustainable communities
. Promote social equity and access to opportunity
. Promote environmental protection and restoration
. Redevelop underutilized sites
. Leverage federal investment in existing communities
. Promote equitable affordable housing
. Increase economic competitiveness
. Promote multi-modal, regional transportation systems, and healthy, safe and
walkable neighborhoods - rural, urban or suburban
WHEREAS, there is a clear understanding that the Sustainable Communities
Planning Grants Program is designed to support the development of a comprehensive
regional plan or vision identifying critical projects and infrastructure to improve the
Resolution No. 2010-_
Page 2
Region's sustainability and to be used as a guide by federal funding agencies to
prioritize and focus future federal investment; and
WHEREAS, any application for funding under the Sustainable Communities
Planning Grants Program should be prepared in consultation with the appropriate water
resource, housing, environmental, and transportation agencies, local governments,
nonprofits, academia and research institutions, school boards, community-based
organizations, and private sector organizations; and should include a formalized
agreement among these entities to work cooperatively on the application and funded
project; and
WHEREAS, the regional planning councils of Southeast Florida should commit
the resources necessary within the limits of their budgets and work programs to
prepare and submit a successful joint application under the Sustainable
Communities Planning Grants Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura strongly supports the South Florida and
Treasure Coast Regional Planning Councils in preparing a comprehensive joint
application for the Sustainable Communities Planning Grants Program, and the
establishment of a working partnership agreement with regional stakeholders, including,
but not limited to, water resource, housing, environmental, and transportation agencies,
local governments, nonprofits, academia and research institutions, school boards,
community-based organizations, and private sector organizations.
Section 2. The City Manager is authorized to take all actions necessary to
implement the intent of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 3
PASSED AND ADOPTED this 6th day of July, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of July, 2010
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AI P
Community Develop
DATE: June 24,2010
SUBJECT: Request to Extend Term of Chapter 163 Development Agreement
MGAL REPH I, II, III, LLC - Terzetto Development
NE 185 Street at NE 28 Court, City of Aventura
July 6, 2010 Local Planning Agency Agenda Item I./A _
July 6, 2010 City Commission Meeting Agenda Itern:m..
September 7, 2010 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment to the Development Agreement made pursuant to Chapter
163, Florida Statutes, between the owner and the City to extend the term for a 2.5 year
period from February 2, 2010 to August 2, 2012 with the inclusion of a new provision
requiring payment of the City's transportation mitigation impact fee enacted by
Ordinance No. 2008-08, amended by Ordinances Nos. 2009-04 and 2009-08, and
payable as specified in the ordinances for the two undeveloped parcels; and
2. Authorize the City Manager to execute such amendment to the Development
Agreement on behalf of the City.
THE REQUEST
The applicant, Philip Von Kahle, the Receiver for the Merco Group, is requesting a 2.5
year extension of the term of a Development Agreement dated September 2, 2003
made between the City and Merco Group at Aventura Landings I, II and III, Inc. (See
Exhibit #1 for Letters of Intent)
BACKGROUND
OWNER OF PROPERTIES:
MGAL REPH I, II & III, LLC
Tract A 28-2203-000-0271 3.09 acres
Tract B 28-2203-000-0284 3.61 acres
Tract C 28-2203-000-0231 1.66 acres
NAME OF APPLICANT
Philip Von Kahle, Receiver
LOCATION OF PROPERTY
NE 28 Court at NE 185 Street
See Exhibit #2 for Location Map
HISTORY
In 2003, Merco Group at Aventura Landings received various development approvals
relating to the three tracts of land shown on Exhibit #3. Those approvals included
amendment to the comprehensive plan, rezoning, development agreement, variances
and administrative site plan approval.
The tracts are currently designated as Medium High Density Residential land use on
the City's Future Land Use Map in the Comprehensive Plan and are zoned RMF4,
Multifamily High Density Residential District.
As part of the rezoning ordinance in 2003, the City Commission approved a
Development Agreement under Chapter 163 of the Florida Statutes. A copy of the
agreement is attached as Exhibit #4. That agreement provided that the owner dedicate
land, design and build the extension of NE 185 Street as a necessary public facility and
in turn, the agreement conferred to the owner the benefit of preservation of zoning and
concurrency during the term of the agreement. The road extension was dedicated and
constructed as agreed and is now in use.
The approved development consists of a 62 unit townhome parcel south of NE 185
Street and west of NE 28 Court, a 205 unit 19-story condominium parcel north of NE
185 Street and west of NE 28 Court, and a 138 loft-style, 13-story apartment south of
NE 185 Street and east of NE 28 Court. The 62 unit townhome parcel is nearing
completion. A foundation was built on the condominium parcel with no further
construction after that time. No construction has taken place on the loft parcel.
The property was placed in Receivership in October of 2008. A corporate entity, MGAL
REPH I, II and III, LLC, owned by the mortgagor, is now the title holder.
2
The applicant advises that due to the economic downturn and recent change in
ownership, there has been a delay in completion of the condominium and loft parcels,
that these parcels have been placed on the market for sale but there is no contract
purchaser at this time. The Receiver is requesting this extension to preserve the
development rights under the Agreement.
Paragraph 11 of the Development Agreement provides for a term of five (5) years, with
extension by mutual agreement in two 2.5 year increments, subject to public hearing
approval, provided that the road construction is complete. The current term of the
agreement expired on February 2, 2010. The road construction is complete. The
applicant is requesting a two and one half year extension from February 2, 2010 to
August 2, 2012. The applicant has the option to request one further 2.5 year extension
of the term.
Staff is recommending that the amended agreement contain a new provision that the
two undeveloped parcels be subject to the City's transportation mitigation impact fee.
This impact fee ordinance was enacted after the date of the Development Agreement.
The draft agreement extending the term to August 2, 2012, attached to the proposed
Ordinance, includes that provision.
3
Exhibit #1
01-DA-10
Felix M. Lasarte, Esq.
felix@lasartelaw.com
VIA ELECTRONIC MAIL
May 17,2010
RECE/!IED
, MAY 1 8 2010
COMMUN/ry D~'
tVELOPMENT
Mrs. Joanne Carr
Community Development Director
City of A ventura
19200 West Country Club Drive 4th Floor
Aventura, FL 33180
Re: Request to Extend Development Agreement between Merco Group at
Aventura Landings I, II, and III, Inc. (hereinafter the "Merco Group") and
the City of Aventura / Terzetto Project / Property located at 18400 NE 28
Street in Aventura, Florida.
Dear Mrs. Carr:
Our office represents Philip Yon Kahle, the Receiver for the Merco Group (the
"Receiver"), in connection with obtaining an extension to the development agreement
which was approved by the City of Aventura (the "City") for the above referenced
property (the "Property"). The Merco Group was the original party to the development
agreement with the City. However, due to the economic downturn the Property is
currently in receivership.
The current title holder to the Property is MGAL REPH I, II, III, LLC. The entity
is owned by Ocean Bank, the mortgagee under the mortgage on the Property from the
Merco Group. The bank has obtained a deed from the Merco Group and is currently in
the process of foreclosing on the mortgage in order to obtain clean title to the Property.
Upon concluding with these proceedings, the bank will begin to close on its existing sale
contracts and will remarket the remaining available inventory to the public.
The purpose of this letter is to request an extension of the development
agreement. We would also like to provide you with an update on the development plans
for the property and the steps which have been undertaken by the owner to develop the
Property in accordance with the site plans which was approved for the Property.
Back2round. In 2003, the MERCO Group obtained various development
approvals relating to the Property, including an amendment to the City's Comprehensive
Plan, a rezoning, an administrative site plan approval, and various variances which were
necessary for the development of the Property (the "Terzetto Project"). In connection
with these approvals, the MERCO Group proffered a Declaration of Restrictions on the
Property. This covenant required the Property to be developed in accordance with that
certain site plan entitled, "Terzetto Condominiums," "Terzetto Villas," and "Terzetto
Lofts III," prepared by Mouriz Salazar, signed and sealed September 17, 2004 (the "Site
Plan"). The site plan provides that the Property shall be developed with three (3) types of
residential units: condominiums, lofts, and villas.
On September 2, 2003 the City council adopted Ordinance No. 2003-10 which
approved a development agreement between the City and the MERCO Group for the
construction of this residential development (the "Agreement"). The Agreement
provided that it would remain in effect for 5 years with two (2) two and a half year
extensions. In addition, on September 2, 2008 the development agreement was
automatically extended pursuant to paragraph II(a) for an additional 17 month period
based on the City's receipt of the No Further Action letter from the Miami-Dade County
Department of Environmental Resource Management (DERM). Thus, the original
expiration date of the Agreement was extended from September 2, 2008 to February 2,
2010.
Compliance with Development Ae:reement. Under the terms of the
Agreement, the developer was to provide extensive infrastructure improvements to the
area. Pursuant to Paragraph 4 of the Agreement, the owner was to dedicate the necessary
right -of-way and construct NE 18Sth Street in accordance with the plans approved by the
City. In addition, Paragraph 3 of the Agreement required the owner to "initiate and
diligently pursue all applications for development permits" necessary for the construction
of the Terzetto Project.
All infrastructure improvements required under the terms of the Agreement have
been complied with. The O\vner has dedicated, designed, and fully constructed NE 18Sth
Street in accordance with the plans approved by the City, Miami-Dade County (the
"County"), and the Florida Department of Transportation. Additionally, the Owner has
obtained permits for the Terzetto Project from DERM, Miami-Dade County Public
Works, Miami-Dade Water and Sewer Department, South Florida Water Management
District and the City of A ventura. The owner is currently in the process of finalizing the
open permits on the Property and anticipates on having a certificate of occupancy for the
villa units within the next 3 weeks.
Development Plan. The Property has been substantially developed with the
infrastructure improvements and villa units approved under the Agreement. The villa
units have been constructed and the Receiver is waiting for the County's Water and
Sewer department (W ASA) to convey the water lines to the City of North Miami Beach
in order to finalize their construction permits. The Receiver anticipates on having this
conveyance from W ASA and closing out the permits within the next 3 weeks. The
Receiver will then proceed to obtain a certificate of occupancy for the villas units and begin to sell these units to the public.
The remaining undeveloped vacant tracts of land located on the Property contain
the proposed condominium and loft units. These vacant tracts of land have been placed
on the market for sale. At this time there is no contract purchaser for these vacant lots.
The Receiver does not currently intend to develop this portion of the Property and there is
no timeline for its completion. Of utmost importance to the Receiver at this time is the
sale of the villa units which have been built. The owner will be beginning to sell these
units in order to recoup some of the losses that the bank has suffered in acquiring the
property and financing its development.
Request for Extension. Due to the unanticipated economic downturn and
the recent change in ownership, there has been a delay in the timeline for completion of
the development plans for the condo and loft units on the Property. The Receiver is
requesting an extension in order to preserve the development rights in the Property and
obtain additional time for the residential market to improve so they can proceed with
selling the recently constructed villa units.
As mentioned, the Agreement can be extended by the mutual consent of the
parties. Currently, two (2) 2.5 year extensions remain. The owners would like to
request an extension of 2.5 years pursuant to the terms of the Agreement. As
discussed above, the owner has satisfied all of its infrastructure and permitting
obligations under both Paragraphs 3 and 4 of the Agreement. Accordingly, the City
should approve the requested extension. The Agreement would now remain in effect
until August 2, 2012 with an additional option to extent the Agreement for an additional
2.5 years.
I have enclosed a copy of your original extension letter dated September 8, 2008
for your review. In addition, enclosed please find two checks in the amount of $2,500.00
and $10,000,00 made payable to the City which represents both the application and
advertising fees associated with this request.
On behalf of our firm, we look forward to working with your office to bring this
matter to a successful conclusion. In the interim, if you have any questions or concerns
regarding this matter please do not hesitate to contact our office.
Sincerely,
THE LASARTE LAW FIRM
d~~
\"'\';'-fi;~;
, ~ -::;,
ViA HAND DELIVERY & FACSIMilE AT POS) 466c3277
February 2, 2010
Ms. Joanne Carr, Director
Community Development Department
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: Request to Extend Development Agreement between Merco Group at
Aventura Landings I, II and Ill, Inc. and the City of Aventura
Dear Ms. Carr:
This letter shall constitute our request to extend the development
agreement by and between the City of Aventura and Merco Group at Aventura
Landings I, Inc., Merco Group at Aventura Landings II, Inc., and Merco Group at
Aventura Landings III, Inc., related to the Terzetto project currently in the Court
Appointed Receivership (Case No. 08-51250 CA 03), for an additional twelve and
half (12.5) years for a total of twenty (20) years as permitted in Section 163.3229,
Florida Statutes.
A forma! application and application fee is forthcoming. Should you
have any questions or concerns, please do not hesitate to phone me (954) 252-
1560
Sincerely,
\,,~r
Philip von Kahre
Receiver
Enclosures
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Exhibit #4
01-DA-10
DEVELOPMENT AGREEMENT
This Devel~ent Agreement (" Agreement") is made and entered
into as of the J.. _ day o~ ~~ ' 2003 by and between the
City of Aventura, Florida a municipal corporation, ("City") and MERCO GROUP
A T A VENTURA LANDINGS I, INC., MERCO GROUP AT A VENTURA
LANDINGS II, INC AND MERCO GROUP AT A VENTURA LANDINGS III,
INC (collectively "Owner").
RECIT ALS:
WHEREAS, the Owner owns the property, con51Shng of
approximately 9.02 gross acres of land (the "Property"), the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the Owner has proposed in the Application to develop
the Property with the planned uses (the "Project") described in Exhibit B
attached hereto; and
WHEREAS, the Owner has filed applications for development
approvals relating to the Property, including an application to amend the City of
A ventura Comprehensive Plan, an application for rezoning, an application for
site plan approval, an application for various variances required to develop the
Project, and an application to close a portion of NE 28th Court (the
II Applications"), with the City's Community Development Department; and
WHEREAS, pursuant to the applicable City of Aventura Code
provisions, the site plan for the property has undergone review by the City Staff;
and
WHEREAS, Owner has agreed to provide the design for a
necessary public facility, NE 185th Street extension, as well as dedicate needed
right-of-way for N.E. 185u, Street and construct such roadway within the
Property, which will satisfy the needs of the Project and remedy an existing
deficiency, which actions will also provide a significant enhancement to the
quality and utility of other area roadways; and
WHEREAS, this Agreement is intended to and shall constitute a
Development Agreement among the parties pursuant to the Florida Local
Goverrunent Development Agreement Act Sections 163.3220-163.3243, Florida
Statutes (the U Act"); and
WHEREAS, the City of A ventura City Commission has considered
this Agreement at public hearings held on July 1, 2003 and September 2, 2003,
and has determined that the Project and this Agreement are consistent with the
City's Comprehensive Plan and the land development regulations the City has
promulgated pursuant thereto; and
WHEREAS, City has determined that it is in the public interest to
address the issues covered by this Agreement in a comprehensive manner in
compliance with all applicable laws, ordinances, plans, rules and regulations of
the City, while allowing the Owner to proceed with the development of the
Project in accordance with existing laws and policies, subject to the terms hereof,
and the City has agreed to enter into this Agreement with the Owner.
NOW, THEREFORE, in consideration of the foregoing, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct
and are incorporated herein by reference.
2. The Project. A description of the Project, including
population densities, and building intensities, is attached to this Agreement as
Exhibit B.
3. Applications for Development Approvals. Promptly
following the effective date of this Agreement, the Owner will initiate and
diligently pursue all applications for development permits (as defined by Section
380.031(4), Florida Statutes), which were not previously obtained. A list of all
local development permits required to be approved for the development of the
Property is attached hereto as Exhibit C. City shall process all development
permit applications in a timely fashion and the City shall cooperate with the
Owner (at no cost to the City) in processing all necessary development permit
applications with Federal, County and State agencies as needed.
4. Funding for Public Facilities. (a) Owner agrees to dedicate
to the City the required road right-af-way for NE 185th Street, as it bisects the
Property, in accordance with design plans for such roadway improvements to be
prepared by Owner and approved by the City, Miami-Dade County, and the
Florida Department of Transportation (FDOT), for construction of "Miami
2
Gardens Drive Connector" (TIP project number 671363) as a new 4 lane facility
from Biscayne Boulevard (US1) to NE 28th Court (the "185 St. Plans").
(b) Owner agrees to prepare the 185 St. Plans, and apply for
approval of same from the City prior to applying for approval of the first
building permit within the Project. City agrees to cooperate in its review of the
185 St. Plans and to provide expeditious review of such plans. Upon its approval
of the 185 St. Plans, City shall prepare and submit all necessary applications to
County, FDOT and other agencies for approval of such plans, and shall
expeditiously process such applications to obtain necessary approvals.
(c) After Owner has completed and City has obtained approval for
the 185 St. Plans, Owner shall construct NE 185 51. within the Property and in
accordance with the 185 5t. Plans. Prior to issuance of the first certificate of
occupancy or certificate of use for the Project, construction of the portion of NE
185 St. within the Property shall be complete, certified and accepted by the City
as acceptable.
(d) Provided that this Agreement has become effective as provided
in paragraph 10 below, Owner shall dedicate all of the required roadway right-
of-way for NE 185th Street within the Property, to Miami-Dade County or City as
appropriate, after approval of the Applications and within thirty (30) days from
the expiration of all appeal periods relating to approval of the Applications, with
no appeals having been filed, or if filed, having been resolved in Owner's favor.
For purposes of this paragraph, If appeals" shall include petitions for writs of
certiorari, and challenges pursuant to Section 163.3215, Florida Statutes.
5. Contribution-In-Lieu-Of-Fee Approval. Owner's commitment to
pay for the preparation of the 185 St Plans as set forth in paragraph 4 above, is
expressly subject to approval of such payment as a roadway improvement
contribution-in-lieu-of-fee, pursuant to Section 33E-10 of the Miami-Dade
County Code Section IX of the Metro-Dade Road Impact Fee Manual. Owner
acknowledges that only the offsite portion of such payment may receive
contribution-in-lieu-of-fee approval, and Owner shall be required to apply for
approval of such roadway improvement contributions-m-lieu-of-fee pursuant to
the applicable provisions of the Code and Metro-Dade Road Impact Fee Manual,
and City agrees to provide all necessary support for such application. Failure to
receive an approval for such contribution-in-lieu-of-fee shall render the
Agreement null and void.
6. Adequate Public Facilities. Pursuant to Section 31-239 of the
City Code, the City has made affirmative concurrency findings that all of the
public services and facilities necessary to serve the Project meet or exceed the
3
/
established LOS standards. Furthermore, the City agrees that during the term of
this Agreement, it shall provide and reserve concurrency~related public facility
capacity for the Project, within the scope of the City's authority as a service
provider.
7. Laws Governing this Agreement. The City's laws and
policies governing the development of the Project and the Property at the time of
the execution of this Agreement (including, but not limited to the City's
concurrency management program as set forth in Section 31-239 of the City
Code) shall govern the development of the Project and the Property for the
duration of this Agreement. The City may apply subsequently adopted laws and
policies to the Project only as otherwise permitted or required by the Act.
8. Consistency with the Comprehensive Plan. The City has
adopted and implemented the Comprehensive Plan. The City hereby finds and
declares that the provisions of this Agreement dealing with the Property are
consistent with the Comprehensive Plan and its adopted land development
regulations.
9. Public Facilities and Concurrency. Owner and City anticipate
that the Project will be served by those roadway transportation facilities
currently in existence as provided by State, County and City roadways. It is also
anticipated that the Project will be served by the public transportation facilities
currently in existence, including those provided by Miami-Dade County, and
other governmental entities as may presently operate public transportation
services within the area. Sanitary sewer, and solid waste, services for the Project
are expected to be those services currently in existence and owned and operated
by Miami-Dade County, and/ or the Miami-Dade Water and Sewer Department.
Potable water service shall be provided by the City of North Miami Beach.
Stormwater drainage service shall be provided by the City. The Project will also
be serviced by any and all public facilities, as such are defined in Section
163.3221(12), Florida Statutes (2002), and as such are described in the
Comprehensive Plan, specifically including, but not limited to, those facilities
described in the Comprehensive Plan's Transportation, Infrastructure, and
Capital Improvements Elements. A full listing of all such public facilities is set
forth on Exhibit D attached hereto.
10. Recording of the Development Agreement. Within fourteen
(14) days after the City executes this Agreement, the City shall record this
Agreement with the Clerk of the Circuit Court of Miami-Dade County. The
Owner shall submit a copy of the recorded Agreement to the State of Florida,
Department of Community Affairs (DCA) within fourteen (14) days after this
Agreement is recorded. This Agreement shall become effective only after (a) it
4
has been recorded in the public records of Miami-Dade County, and (b) thirty
(30) days have elapsed after DCA's receipt of a copy of the recorded Agreement.
The Owner agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as
described in t.his section. The provisions hereof shall remain in full force and
effect during the term hereof, and, subject to the conditions of this Agreement,
shall be binding upon the undersigned, and all successors in interest to the
parties to this Agreement. Whenever an extension of any deadline is permitted
or provided for under the terms of this Agreement, at the request of the either
party, the other party shall join in a short-form recordable memorandum
confirming such extension to be recorded in the public records of Miami-Dade
County.
11. Term of Agreement (a) This Agreement shall terminate on
the date which is five (5) years from the effective date hereof; provided, however,
that if the Owner fails despite all reasonable, good faith efforts to receive a If no
further action (NF A)" letter from Miami-Dade County Department of
Environmental Resources Management (DERM) for the environmental
remediation of the Lofts Parcel and Townhome Parcel (as described on Exhibit B)
within six (6) months from the effective date of this Agreement, then the term of
this Agreement shall be automatically extended beyond the five year term in an
amount of time equivalent to the time taken for the issuance of the NF A, but not
to exceed an extension of two years. (b) In addition to the foregoing, the term of
this Agreement may be extended by mutual agreement of the City and Owner in
2.5 year increments for up to an additional five (5) years from tne termination
date set forth above, subject to public hearing in. accordance with S163.3225,
Florida Statutes. City approval shall not be unreasonably withheld provided that
the City finds that the Owner has complied with the obligations applicable to the
Owner in Paragraph 4 above and is proceeding to obtain or has obtained the
development permits in Paragraph 3 above. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement.
12. Time for Completion. Owner shall commence development
of the Project after the effective date of this Agreement, as set forth in paragraph
10, above. All permitting, infrastructure improvements and land development
shall be completed prior to the termination of the Agreement, within five years of
effective date unless extended pursuant to paragraph 11, above. City
acknowledges and agrees that all public facilities and services that are required
to service the Project will be available concurrent with the Project's impacts
during the term of this Agreement and that Owner shall be permitted to
complete the Project, as set forth in this Agreement, prior to the Agreement's
termination date.
5
13. Default and Remedies. (a) In the event that Owner defaults
under any of its obligations set forth in paragraphs 3, 4, and 5 above, City is
authorized to withhold issuance of any development orders and development
permits until Owner has complied with the terms of this Agreement. (b) In the
event of default by either party under this Agreement, the other party shall be
entitled to all remedies at law or in equity.
14. Other Approvals. The parties hereto recognize and agree
that certain provisions of this Agreement require the City and/ or its boards,
departments or agencies, acting in their governmental capacity, to consider
governmental actions, as set forth in this Agreement. All such considerations
and actions shall be undertaken in an accordance with established requirements
of state statutes and county ordinances, in the exercise of the City's jurisdiction
under the police power.
15. No Permit. This Agreement is not and shall not be
construed as a development permit, or authorization to commence development,
nor shall it relieve Owner of the obligations to obtain necessary development
permits that are required under applicable law and under and pursuant to the
terms of this Agreement.
16. Good Faith; Further Assurances; No Cost. The parties to this
Agreement have negotiated in good faith. It is the intent and agreement of the
parties that they shall cooperate with each other in good faith to effectuate the
purposes and intent at and to satisfy their obligations under, this Agreement in
order to secure to themselves the mutual benefits created under this Agreement;
and, in that regard, the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement; provided,
that the foregoing shall in no way be deemed to inhibit, restrict or require the
exercise of the City police power or actions of the City when acting in a quasi-
judicial capacity. Wherever in this Agreement a provision requires cooperation,
good faith or similar effort to be undertaken at no cost to a party, the concept of
no cost shall not be deemed to include any cost of review (whether legal or
otherwise), attendance at meetings, hearings or proceedings and comment
andf or execution of documents, all such costs to be borne by the party receiving
a request to so cooperate, act in good faith or so forth.
17. Omissions. The parties hereto recognize and agree that the
failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the Owner of the necessity of cornplying with the law
governing said permitting requirements, conditions, term or restriction
notwithstanding any such omission.
6
18. Notices. Any notices required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been given
if delivered by hand, sent by recognized overnight courier (such as Federal
Express) or mailed by certified or registered mail, return receipt requested, in a
postage prepaid envelope, and addressed as follows:
If to the City at:
City Manager
City of Aventura
19200 West Country Gub Drive
A ventura, Florida 33180
With a copy to:
City Attorney
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
If to Owner at:
MERCO Group Inc.
5101 Collins Avenue
Miami Beach, Florida 33140
With a copy to:
Jeffrey Bercow, Esq.
Bercow & Radell, P.A.
200 S. Biscayne Boulevard
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be
deemed given on the date of delivery and notices mailed in accordance with the
foregoing shall be deemed given three (3) days after deposit in the US. mails.
The terms of this Section 18 shall survive the termination of this Agreement.
19. Construction. (a) This Agreement shall be construed and
governed in accordance with the laws of the State of Florida. All of the parties to
this Agreement have participated fully in the negotiation and preparation hereof;
and, accordingly, this Agreement shall not be more strictly construed against any
one of the parties hereto. (b) In construing this Agreement, the use of any gender
shall include every other and all genders, and captions and section and
paragraph headings shall be disregarded. (c) All of the exhibits attached to this
Agreement are incorporated in, and made a part of, this Agreement.
7
-_._~-~._.-------------------~~--- --'-'-~-- .._.,~_._.~~-------.--.-~
20. Severabilitv. In the event any term or provIsIOn of this
Agreement be determined by appropriate judicial authority to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning or
construed as deleted as such authority determines, and the remainder of this
Agreement shall be construed to be in full force and effect.
21. Litigation. In the event of any litigation between the parties
under this Agreement for a breach hereot the prevailing party shall be entitled to
reasonable attorney's fees and court costs at all trial and appellate levels. The
terms of this paragraph shall survive the termination of this Agreement.
22. Time of Essence. Time shall be of the essence for each and
every provision hereof.
23. Entire Agreement. This Agreement, together with the
documents referenced herein, constitute the entire agreement and understanding
among the parties with respect to the subject matter hereof, and there are no
other agreements, representations or warranties other than as set forth herein.
This Agreement may not be changed, altered or modified except by an
instrwnent in writing signed by the party against whom enforcement of such
change would be sought and subject to the requirements for the amendment of
development agreements in the Act.
24. Force Majeure. Any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials
or reasonable substitutes therefore, riot, civil commotion, fire or other casualty,
and other causes beyond the reasonable control of the party obligated to
perform, excluding the financial inability of such party to perform and excluding
delays resulting from appeals or rehearings commenced by the Owner (any such
causes or events to be referred to herein as a "Force Majeure"), shall excuse the
performance by such party for a period equal to any such period of prevention,
delay or stoppage.
8
Signed, sealed, executed an acknowledged this Z- l.NA'day
WITNESSES:
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Print Name:
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STATE OF Vi'fS"~
COUNTY OF '"
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is personally known to me or has produced
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~ The~fOregOing instrument was acknowle~&t'd before me by
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(~ remrved for Clerk)
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signature and official
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Attest
CITY OF A VENTURA, FLORIDA
By:
~
'\
Eric Soroka, Ci
11
(Space reserved for Clerk)
JOINDER BY MORTGAGEE
INDIVIDUAL
The undersigned, RAUL CASARES, a Mortgagee under that certain mortgage filed the 12th
day of August, 1999, and recorded in Official Records Book 18745, Page 1950, securing the
original principal sum of $1,350,000.00; as modified in Official Records Book 19351, Page 3677,
all in the Public Records of Miami-Dade County, Florida, covering all/or a portion of the property
described in the foregoing agreement, does hereby acknowledge that the terms of this agreement
are and shall be binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this 2 7. IV I
August, 2003.
day of
,
:x
Address: /I? / <
30f} ~T;f ~7il ;]JtJve ~26L:?~
/-(r~/7lr~ ,3?/<10
(f;\Iorm'ljoinder by MongagE'l! . CaI.'" (8121103)j
EXHIBIT A
Legal Description
Tract "A";
The Nortn .310.86 feet. of the following desCribed property:
A portion 01 the Southwest 1/4, of Fractional Section 3. Township 52
South. Ronge 42 East. Miami-Dade County, florida. being more
particular!y described as follows:
Begin at the Southwest carner of the Northwest 1/4. of the Soutneost
1/4. of the South..est 1/4. of said Froctional Section 3; thence
N89deg59min26secW, along the South line of the Northeast 1/4, of the
Southwest 1/4. of the Southwest 1/4. of said Section J, for 80.21
feet; thence NOOdegD1min45secE for .310.86 feet to a point 011 a curve
(said point bears SOOdeg08min15secW from the radius point of .the
next described Circular curve); thence Southeasterly. along a circular
curve to the left (concave to the Northeast). having 0 radius of 694.69
feet and 0 centrol angle of OOdeg06minJOsec for on ore distance of
1..31 feet to a point of tangency. thence S89deg58min15secE. along a
line parallel with and 20.00 feet South of as measured at right angle
to the North line of the South 1/2. of the Northnst 1/4 of the
Southeast 1/4. of the Southwest 1/4. of ,aid Section 3, for 431.94-
feet; thence SOOdegOOmin45secW. along the Westerly Right-of-Woy line
of N.E. 28th Court and its Souther1y prolongotian os recorded in
Official Records Baok 6088, Page 160 of the Public Records of
Miami-Dade County, Florida. for 760.62 feet; thence
N89deg59min25secW. along a line parallel with and 449.91 feet South
of, as measured at right angles to the North line of the Southwest
1/4. of the Southwest 1/4. of the Southwest 1/4. of said Section 3.
for 346.87 feet; thence NOOdeg46min52secW, along the East line of the
South..est 1/4, of the South....est 1/4. of said SectiOl1 J, for 4-49.95
feet to the POINT OF BEGINNING. lying and being in Miami-Dade
County, Florido.
TRACT "B":
The South 449.91 feet, of the following described property:
A portion of the Southwest 1/4- of Fractional Section 3, Tawnship 52
Sooth, Range 42 East. Miami-Dade County. Florida. being more
particularly described os folloW's:
8egin at the Southwest comer 'of the Northw~t 1/4 of the Southeast
1/4 of the Southwest 1/4 01 said Fractionol Section 3; thence
N89deg59min25secW. olong the South line of the Northeast 1/4 of the
Southwest 1/4 af the Southwest 1/4, of soid Section 3. for 80.21
feet: thence NOOdegOlmin4-SsecE for 310.86 feet to a point on 0
curve (said point beers SOOdegOBminl5secW from the radius point of
the next described circular curve); thence Southeasterly, along a
circulor curve to the left (concaye to the Northeast). haYing a
radius of 69+.69 feet and 0 centrol angle of OOdeg06minJOsec for an
ore distance of 1..31 feet to a point of tangency; thence
S89deq58minl5secE. along 0 line porallel with and 20.00 feet South
of as measured at right angles to. the North line 01 the South 1/2
of the Northwest 1/~ of the Sootheast 1/~ of the Southwest 1/~ of
said Section ::S, for 4-31.94- feet; thence SOOd!900min4-SsecW, along
the Westerly Right-ai-Way line of N.E. 28th Court and its Saulheriy
prolongation os recorded in (Official Record:s Soak 6088. Page 160
01 the Public Records of Miami-Dade County, Florida, lor 760.62
feet; thence N89deg59min25secW, along a line parallel with and
4-49.91 feet Soulh of. os measured at right angle:! to the North line
of the Southwest 1/4 of the Southwe:st 1/4 of the Southwest 1/4- of
said Section::S, for 346.87 feet; thence NOOdeg46minS2secW. clang
the East line of the Southwest 1/4 01 the Soothwest 1/~. of said
Section J, for 449.95 feet to the POINT OF BEGINNING, lying and
being in Miami-Oede County, Florida.
TRACT Ole":
A portion of the East 1/2 of the Southwest 1/4 of the Southeast 1/4
of the Southwest 1/4 of Fractional Section 3. To"nship 52 South.
Range 4-2 East. Miami-Dade County. Flonda, being more particularly
described os follows:
Commence at the Northwest corner of the East 1/2 of the Southwest
1/4 of the Southeast 1! 4 of the Sou thwest 1/4 of sai<:l Fractional
Section J: thence run S89deg59min25secf olong the North boundory o~'_.
the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Southwest 1/4 of said Fractional Section.3, a distance of 90.17.
feet to the point of intersection with East Right-at-Way boundary
of Northeast 28th Court as described in that certain Right-ot-Way
Deed to Dade County. tiled on September 10, 1968. in Official
Records Book 6088, Page 160 of the Public Records of Miami-Dade
County. Florida. being the POINT OF BEGINNING of the parcel of land
hereinafter to ~e described; thence run SOOdegOOmin45secW olong the
aforesaid. des~nbed Ime. a distonce of .361.28 feet to the point of
Intersection ....,th a line that is .300.00 feet North of and parallel
to the South boundary of the East 1/2 of the Southwest 1/4 of the
Southeast 1/4 of the Southwest 1/4 of SOld Fradional Section 3;
thence run N89deg57min54secE along the last described line. a
distance of 200.28 feet to a point. said point being 46.75 feet
West of the East boundary of the Southwest 1/4 of the Southeast 1/4
of the Southwest 1/4 of said FractionQI.3: thence run
NOOdegOOmin45secE along a line thot is 200.28 feet East of and
parallel to the said East boundary of Northeast 28th Court. 0
distance of .361.18 feet to the paint of intersection with the North
boundary of the Southwest 1/4- of the Southeast 1/4- of the Southwest
1/4 of said Fractional Section .3: thence run N89deg59min2SsecW
along the last described line. a distance of 200.28 fei!t to the
POINT OF BEGINNING.
ROAD TRACT:
That portion of a 70.00 feet wide Right-of-Way for N.E. 28th Court os
described in Official Records Book 6068. at Poge 160 of the Public Records 01
Miami-Dade County. Florida, lying$outh 0/ the North line of the East 1/2. of
the Southwest 1/4. of the Southeast 1/4. of the Southwest 1/4-. of Section J.
Township 52. South, Range 42 East. City of Aventura, ~iami-Dode County.
Florida.
ALSO KNOWN AS:
A portion of the East 1/2. of the Southwe~t 1/4-, of the Southeast 1/4. of the
Southwest 1/4 of Fractionol Section J. Township 52 South. Ronge 42 Eost,
Miami-Dade County. Florida. being more particularly descnbed as follows:
Commence at the Northwest corner of the East 1/2. of the Southwest 1/4. of
the Southeast 1/4-. of the Southwest 1/4. of said Section 3; thence
S89deg59min25secE. along the North Une of the Eost 1/2. af the Southwest
1/4-. of the Southeast 1/4-. of the Southwest 1/4. of said Section J. for a
distance of 20.17 feet to its intersection with the West Right-of-Woy Line of
Northeast 28th Court. os described in that certain Right-at-Way Deed to
Miami-Dade Caunty. filed on September 10th. 1958. in Official Records Book
5088. Page 160 of the Public Records af Miami-Dade County. florida, said point
also being the POINT OF BEGINNING of the hereinafter described Parcel of Land;
thence continue S89deg59min25secE. (JIang the lost described line. a distance
of 70.00 feet to its intersection with East Right-of-Way line of said Northeast
28th Court; thence SOOdegOlmin45secW. along said Eost Right-of-way line ot
Northeast 28th Court, for 449.95 feet; thence NB9deq59min25secW for 70.00
feet to ITS In tersection WIth sOld West Righ t-of-",oy Line of Northeast 28th
Court; thence NOOdeg01minll.SsecE. along said West Right-ai-way Line or
Northeast 28th Court, for 449.95 feet to the POINf OF BEGINNING.
LESS.
A portion of the East 1/2. of the Southwest 1/4, or the Southeast 1/4-, of the
Southwest 1/4 or Fractional Section 3. Township 52 South. Range 42 East.
Miami-Oade County. Florida. being mare particularly described os .follows:
Commence at the Northwest corner o.f the East 1/2. of the Southwest 1/4. of
the Southeast 1/4. or the Southwest 1/4-. of said Section 3: thence
S89degS9min25secE. along the North line of the East 1/2. of the Southwest
1/+. of the Southeast 1/4. of the Southwest 1/4, of said Section J. for 0
distance of 90.17 feet to its intersection with the (ost Right-of-Way Line of
Northeast 28th Court. os described in that certain Right-of-Way Deed to
'Miami-Oade Coun ty. filed on September 10th, 1968. in Officiol Records Book
50B8. Page 160 of the Public Records of Miami-Dode County. Florida; thence
SOOdegQlmin45secW, olong the last described line for 361.33 feet to the POINT
OF BEGINNING of the hereinafter described Parcel of land; thence
SOOdegOl min45secW for 88.62 feet: thence N89deg59mln25secW for J5.00 feet;
thence NOOdeg01min45secE ror 88.50 feet: thence N89ctegS7min54secE for 35.00
fee t to the POIN f OF BEGINNING.
Containing 28.395.07 Square Feet and/or 0.65 Acres more or less.
EXHIBIT B
PROJECT LAND USES, DENSITIES AND INTENSITIES
The Project includes the following described development, permitted on the
Property as described in Exhibit A attached to the Agreement.
Townhome Parcel. (South of Proposed NE 185th Street and west of
current NE 28th Court). This parcel is 4.482 acres gross, and 4.07
acres net. Proposed development of this parcel is for 62
townhomes under the RMF4 and Rlv1F3A zoning district
regulations. Proposed maximum height is 3 stories or 35 feet.
Condominium Parcel. (North of Proposed NE 185\h Street and west
of NE 28th Court). This parcel is 2.30 acres gross, and 1.89 acres net.
Proposed development of this parcel is for 205 condominium units
under the Rtv1F4 zoning district regulations. Proposed maximum
roof height is 18 stories or 186' - 6".
Lofts Parcel. (South of NE 185th Street and east of current NE 28th
Court). This parcel is 1.952 acres in size. Proposed development of
this parcel is for 138 loft-style apartment units under the RMF4
zoning district regulations. Proposed maximum height is 13 stories
or 206' 10".
Outparcel. (South side of NE 185u1 Streett on northwest side of
Townhome Parcel). The outparcel is .284 acres in size. Proposed
development of the outparcel is for a swimming pool, clubhouse,
entry feature and guest parking. No residential development is
proposed for this parcel. Su bject to approval by the City
Corrunissiont the Owner may installlandscapingt a water featuret
or other decorative elements on this parcel.
EXHIBIT C
LIST OF REQUIRED DEVELOPMENT PERMITS
Department of Environmental Resource Management Permits
Miami-Dade County Public Works Department Permits
Miami-Dade Water and Sewer Authority Department Approval and permits
South Florida Water Management District Permit (Storm Water Management)
Full Building Permits, covering
Foundation
Electrical
Plumbing
Mechanical and Cooling Towers
Elevator
Fire/Life Safety Systems
Roofing
Glazing (Windows and Doors)
Stair and Balcony Railings
Signs
Certificates of Use and Occupancy
Such other permits as may be required by Federalt State and local law.
EXHIBIT D
PUBLIC FACILITIES
The Project will be serviced by those roadway transportation facilities
currently in existence as provided by State/ County and local roadways. The
Project will also be serviced by public transportation facilities currently in
existence, as provided by Miami-Dade County! the Florida Department of
Transportation/ and such other governmental entities as may presently operate
public transportation services within the area of the Project. Sanitary sewer/ and
solid waste services for the Project shall be those services currently in existence
and owned or operated by Miami-Dade County/ and/ or the Miami-Dade Water
and Sewer Department. Potable water service shall be provided by the City of
North Miami Beach. Stonnwater drainage service shall be provided by the City.
The Project shall be serviced by those existing educational facilities owned or
operated by the Miami-Dade Public Schools District/ and shall be serviced by
those existing parks and recreational facilities located in Aventura owned or
operated by the United States Government, by the State of Florida/ by Miami-
Dade County, and by the City.
The Project will also be serviced by any and all public facilities, as such are
defined in Section 163.3221(12) of the Act! that are described in the City!s
Comprehensive Plan specifically including but not limited to those facilities
described in the Comprehensive Plan's Transportation, Infrastructure/ and
Capital Improvements Elements. A copy of the Comprehensive Plan is available
for public inspection in the oHices of the City's Conununity Development.
Department.
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F .S., DATED SEPTEMBER 2, 2003
AND AMENDED DECEMBER 29, 2004, MADE BETWEEN MERCO
GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER
AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE
AGREEMENT FROM FEBRUARY 2,2010 TO AUGUST 2,2012 AND TO
ADD APPLICABILITY OF THE CITY'S TRANSPORTATION
MITIGATION IMPACT FEE TO DEVELOPMENT OF THE
CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE PARCELS
OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL
DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF
A VENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Philip Von Kahle, Receiver for MGAL REPH I, II, III
LLC, through Application No. 01-DA-10, has applied to extend the term of the
Development Agreement dated September 2, 2003, amended December 29, 2004, made
between Merco Group at Aventura Landings I, II and III, Inc., as owner, and the City of
Aventura; and
WHEREAS, pursuant to the terms of Paragraph 11. of the Development
Agreement, the termination date of the Agreement is February 2, 2010; and
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "B" to the Development Agreement has expired, and no
building permits were approved for the "Lofts Parcel" also as described in Exhibit "B"; and
WHEREAS, Paragraph 11 (B) of the Development Agreement provides that the
term of the Agreement may be extended in 2.5 year increments for up to 5 additional
years from the termination date of February 2, 2010, upon mutual agreement of both the
City and the owner/applicant; and
Ordinance No. 2010-
Page 2
WHEREAS, the owner/applicant has requested an extension of the termination
date of the Development Agreement to August 2, 2012 in order to allow the property to be
marketed for sale while preserving the development approvals granted by the City; and
WHEREAS, pursuant to Paragraph 11 (8), the parties have mutually agreed to add
a new paragraph to the Modification of the Development Agreement to provide for
applicability of the City's Transportation Mitigation Impact Fee to development of the
"Condominium Parcel" and the "Lofts Parcel"; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application and has
considered the testimony of all interested parties at the public hearings, and has
determined that the amendment to development agreement requested by the applicant
is appropriate; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Modification to Development Agreement attached as
Exhibit "A" to this Ordinance, extending the termination date of the Agreement from
February 2, 2010 to August 2, 2012 and adding applicability of the City's Transportation
Mitigation Impact Fee to development of the "Condominium Parcel' and "Lofts Parcel" is
hereby approved, for property legally described in Exhibit "8" to this Ordinance.
Section 2. The City Manager is hereby authorized to execute the agreement on
behalf of the City.
Ordinance No. 2010-
Page 3
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this 6th day of July, 2010.
Ordinance No. 2010-
Page 4
PASSED AND ADOPTED on second reading this _ day of _' 2010.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
This Ordinance was filed in the Office of the City Clerk this _ day of
,2010.
City Clerk
Ordinance No. 2010-
Page 5
EXHIBIT "A"
MODIFICATION TO DEVELOPMENT AGREEMENT
THIS MODIFICATION TO DEVELOPMENT AGREEMENT ("Modification")
is entered into the _ day of , 2010, by and between the CITY OF
AVENTURA, Florida a municipal corporation, ("City") and MGAL REPH I, II, III, LLC,
("Owner") .
R E C I TAL S:
WHEREAS, the Owner owns the property, consisting of approximately 9.02
gross acres of land (the "Property"), the legal description of which is attached hereto as
Exhibit A;
WHEREAS, the previous Owner, Merco Group at Aventura Landings I, II and III,
Inc., obtained development approvals relating to the Property, including an application
to amend the City of Aventura Comprehensive Plan, an application for rezoning, an
application for site plan approval, an application for various variances required to
develop the Project, and an application to close a portion of NE 28th Court (the
"Applications"), through the City's Community Development Department;
WHEREAS, on September 2, 2003, Merco Group at Aventura Landings I, II and III,
Inc. and the City entered into a development agreement ("Agreement"), pursuant to the
Florida Local Government Development Agreement Act Sections 163.3220-163.3243,
Florida Statutes;
WHEREAS, on October 5, 2004, an amendment to Exhibit "B" of the Development
Agreement was approved by mutual agreement of the parties to revise the number of
stories in the "Condominium Parcel" from 18 stories to 19 stories, with the maximum
overall height remaining the same at 186'6" and all other terms and provisions of the
agreement to remain in full force and effect;
WHEREAS, since the date of execution of the Agreement, the Owner has fulfilled
the conditions of Paragraph 4. of the Agreement to provide the necessary public facility
and has received necessary permits and constructed the 62 townhomes on the
"Town home Parcel"described in Exhibit"B" to the Development Agreement and has
recorded a Final Plat dividing the parcels into development lots and tracts;
Ordinance No. 2010-
Page 6
WHEREAS, the Agreement provides for a termination date of February 2, 2010;
WHEREAS Paragraph 11. of the Agreement provides for a term of five (5) years
from the effective date of February 2,2005 and provides that the term may be extended
by mutual agreement of the City and the Owner in 2.5 year increments for up to an
additional five (5) years from the termination date;
WHEREAS the parcels were placed into Receivership in October of 2008 and a
corporate entity, MGAL REPH I, II, III, LLC, owned by the mortgagor, is now the title
holder;
WHEREAS, the building permit obtained for the construction of the "Condominium
Parcel" as described in Exhibit "8" has expired and no building permits were approved
for the "Lofts Parcel" also as described in Exhibit "8";
WHEREAS Section 163.3237, Florida Statutes, provides that a development
agreement may be amended by the mutual consent of the parties to the agreement;
WHEREAS, the Owner and City agree to a modification to Paragraph 11. of the
Agreement to extend the term of the Agreement for a further 2.5 years, from the
February 2, 2010 expiration date to August 2, 2012 in order that the Receiver may
market the property for sale while preserving the development approvals granted by the
City;
WHEREAS, in consideration of the extension of the development rights and
approvals granted under the Agreement, the Owner and City agree to a further
modification to add applicability of the City's Transportation Mitigation Impact Fee to the
two remaining undeveloped parcels, namely, the "Condominium Parcel" and the "Lofts
Parcel".
NOW, THEREFORE, in consideration of the mutual covenants and agreements
expressed herein, the Owner and City agree as follows:
1. Recitals. The recitals set forth above are incorporated herein and form an
integral part of the Modification.
Ordinance No. 2010-
Page 7
2. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is hereby further modified to
extend the term of the Agreement in Paragraph 11. its termination date of from
February 2,2010 to August 2012.
3. The Development Agreement dated September 2, 2003, amended by
Modification to Agreement dated December 29, 2004, is further modified by addition of
Paragraph 7 (a) as follows:
"Paragraph 7 (a).
The parties agree that payment of the Transportation Mitigation Impact
Fee enacted by Ordinance No. 2008-08, amended by Ordinances No.
2009-04 and 2009-08, shall be required prior to the issuance of any
building permits for the "Condominium Parcel" and the "Lofts Parcel" as
described in Exhibit "B" to the Agreement."
4. The terms and conditions of the Agreement shall remain in full force and
effect except as herein modified.
Signed, sealed, executed and acknowledged this
2010.
day of
CITY
CITY OF AVENTURA, FLORIDA
Attest:
By:
By:
Teresa Soroka, MMC
City Clerk
Eric M. Soroka, ICMA-CM
City Manager
Ordinance No. 2010-
Page 8
OWNER
WITNESSES:
MGAL REPH I, II, III, LLC
By:
Print Name:
Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was sworn to, subscribed and acknowledged before me, this
day of by
who is personally known to me or produced as identification.
My Commission expires: By:
Notary Public
State and County aforesaid
(Notarial seal)
Ordinance No. 2010-
Page 9
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
Tracts A, B, C, D, E, F and G and Lots 1 through 62 inclusive, according to the Plat
thereof recorded in Plat Book 166, Page 58, of the Public Records of Miami-Dade
County, Florida,
all lying at the intersection of NE 28 Court and NE 185 Street, City of Aventura
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, IC
City Manager
TO:
City Commission
BY:
Joanne Carr, AIC
Community Develop
DATE:
June 18, 2010
SUBJECT: Application to Amend Section 31-145(b) of the Land Development
Regulations to add permitted uses to the TC1, Town Center District
(01-LDR-10)
July 6,2010 Local Planning Agency Agenda Item L./b
1st Reading July 6, 2010 City Commission Meeting Agenda Item 11>
2nd Reading September 7,2010 City Commission Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-145 (b), 'Town Center District (TC1)" of the Land Development Regulations to
allow additional permitted uses in the district.
THE REQUEST
The applicant, Aventura Fashion Island LP, is requesting revision to the Town Center
District (TC 1) of the City's Land Development Regulations to allow the following uses as
permitted uses in the zoning district:
. Bookstores limited to 25,000 square feet and limited to one bookstore per center
. Dancing, theater, language, art or tutoring academies limited to 5,000 square feet
or less
. Furniture stores limited to 10,000 square feet and limited to two (2) furniture stores
per shopping center
. Grocery stores limited to 50,000 square feet, limited to one grocery store per center
. Health and exercise clubs limited to 10,000 square feet, limited to one per center
. Department stores limited to 50,000 square feet and limited to no more than one
department store per center
. Martial arts, dance or exercise studios limited to 2,500 square feet
. Dog/pet hospitals limited to 2,500 square feet
. Pet shops with a limitation of 5,000 square feet
(See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-145(b) of the Land Development Regulations is
the following addition in underlined text:
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1 Districts:
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following specific
uses, provided the requirements set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection, mixed-use
buildings or structures are those combining residential dwelling units conforming
generally with the intent of the RMF3, Multi-Family Medium Density Residential
District, with office and/or retail commercial uses allowed in the B1, Neighborhood
Business District, where the ratio of total square feet dedicated to residential and
non-residential uses is between 3: 1 and 1 :3.
b. Bookstores limited to 25,000 square feet in total floor area and limited to one
bookstore per center.
c. Dancinq, theater, lanquaqe, art or tutorinq academies limited to 5,000 square
feet of total floor area.
d. Furniture stores limited to 10,000 square feet of total floor area and limited to
two (2) furniture stores per center.
e. Grocery stores limited to 50,000 square feet of total floor area, limited to one
(1) qrocery store per center.
f. Health and exercise clubs limited to 10,000 square feet of total floor area,
limited to one (1) health and exercise club per center.
q. Department stores limited to 50,000 square feet of total floor area and limited
to one (1) department store per center.
2
h. Martial arts, dance or exercise studios limited to 2,500 square feet of total
floor area.
I. Pets shops limited to 5,000 square feet of floor area.
I. Doqjpet hospitals limited to 2,500 square feet of total floor area, with the
followinq conditions:
1. All business activities of a doqjpet hospital shall be conducted within a
completelv enclosed, air-conditioned structure, insulated to prevent noise
disturbance to adiacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
ANALYSIS
The Town Center (TC1) zoning district is intended to provide suitable sites for the
development of structures combining residential and commercial uses in a well planned
and compatible manner. The goal is a downtown for our City that primarily serves our City
residents with a mixture of different urban functions, multimodal transportation and high
quality urban design. The uses in the district are to be consistent with, but may be more
restrictive than, the corresponding Town Center land use category permitted uses.
Residential densities may not exceed 25 units per gross acre and nonresidential densities
may not exceed a floor area of 2.0. The Town Center was defined in the Comprehensive
Plan as the future hub of activity and intended to be a moderate to high intensity, design-
unified area containing a mixture of uses integrated horizontally and vertically, developed
with a thematic plan, served by public transit, designed for comfort and safety of
pedestrians. Both large and small businesses are encouraged in the center, but the Town
Center is to contain numerous moderate and smaller sized businesses which serve, and
draw from, the nearby community.
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment IS consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The future land use designation for properties zoned Town
3
Center (TC1) District is Town Center. The intent of the Town Center land use
designation is described in the Future Use Element of the City's Comprehensive Plan.
It is intended as the future hub of activity and intended to be a moderate to high
intensity, design-unified area containing a mixture of residential and non-residential
uses integrated horizontally and vertically, developed with a thematic plan, served by
public transit, designed for comfort and safety of pedestrians. Both large and small
businesses are encouraged in the center, but the Town Center is to contain numerous
moderate and smaller sized businesses which serve, and draw from, the nearby
community.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides compatible permitted uses in the Town Center
(TC 1) District.
4
-:I
II
BERCOW RADELL~FERNANDEZ
ZONING. LAND USE AND ENVIAONMENTAL LAVV
DIRECT LINE: 305-377-6238
E-MAIL: mmarrero@brzoninglaw.com
VIA F ACSIMLE AND E-MAIL
Exhibit #1
01-LDR-10
June 241 2010
Ms. Joanne Carr
Community Development Director
City of A ventura
19200 West Country Club Drivel 4th Floor
Aventura, Florida 33180
Re: Land Development Code Amendment Regarding TCl Uses
Dear Joanne:
This law firm represents A ventura Fashion Islandl LP and Turnberry
Associates, Inc. (the 1/ Applicant")1 with regard to an application to amend the
City of Aventura Land Development Code to permit additional uses in the Town
Center (TC1) Zoning District.
The Applicant acquired the area designated Town Center and zoned Tel,
in 2006 with plans of redeveloping the existing Loehmannl s Plaza. The Tel
zoning district currently only permits B1 commercial uses within the center. It
had always been the Applicant's intention to work with the City to expand the
permitted uses, while still maintaining the Town Center's character.
PresentlYI the Applicant has been working with staff to determine the
specific uses that have been the subject of possible tenancies at the existing
centerl in addition to being consistent with the objectives of the Town Center. In
additionl many of the existing uses that continue to be popular among residents
would not be permitted under the existing TCl regulations. To further fulfill
these objectives, the Applicanf s proposals also include limitations in size for all
of these acceptable usesl and limitations on number of permitted tenants for
some of the proposals. These specific uses are the following:
WAOHOVIA ANANOIAl CENTER. 200 SOU1l-l BISCAYNE BOULEVARD, SUITE 850. MIAMI, FLORIDA 33131
PHONE. 305.374.5300 . FAX. 305.377 .6222. WWW.BRZONINGLAW.COM
Ms. Joanne Carr
June 22, 201 0
Page 2
. Bookstores up to 25,000 square feet. There shall be no more than
one (1) bookstore per shopping center.
. Dancing, theater, art, language arts or tutoring academies limited to
5,000 square feet or less.
. Department stores limited to 501000 square feet. There shall be no
more than one (1) department store per shopping center.
. Dog/ pet hospitals with a limitation of 2,500 square feet.
. Furniture stores limited to 10,000 square feet. There shall be no
more than two (2) furniture stores per shopping center.
. Grocery stores limited to 50,000 square feet. There shall be no more
than one (1) grocery store per shopping center.
. Health and exercise clubs limited to 10,000 square feet. There shall
be no more than one (1) health and exercise club per shopping
center.
. Martial artsl dance or exercise studios with a limitation of 2,500
square feet.
. Pet shops with a limitation of 5,000 square feet.
Section 33-77(g) of the City Code provides standards that staff and the
City Commission shall consider when reviewing proposed amendments to the
text of the City/s Land Development Regulations (the IILDRslI). The Applicanfs
request addresses each of the standards as follows:
(1) The proposed amendment is legally required.
In order for many additional proposed tenancies to enter the existing
center, the proposed amendment to the LDRs must be approved. In
additionl many of the existing uses that are currently not permitted in
TC11 but grandfathered in (such as the grocery store and the bookstore) I
could be lost by a fire, storml or other act of Godl or if significant repairs
were required.
(2) The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan.
BERcaw RADELL & FERNANDEZ
ZONING. LAND USE AND ENVIRONMENTAL LAVV
Ms. Joanne Carr
June 22/ 201 0
Page 3
The proposed uses and size limitations are consistent with the goals and
objectives of the Comprehensive Plan/ specifically the Town Center
designation.
(3) The proposed amendment is consistent with the authority and
purpose of the LDR.
The proposed amendment is consistent with the authority and purpose of
the LDRs ,as described in Section 31-2 of the City Code.
(4) The proposed amendment furthers the orderly development of the
City.
The proposed amendment certainly furthers the orderly development of
the City. Currently, the Town Center faces additional issues with
tenancies because of the existing limits to permitted uses there. The
approval of this proposed amendment will allow for additional
appropriate uses that will assist the development of the center,
prominent] y located on Biscayne Boulevard and 187th Street.
(5) The proposed amendment improves the administration or execution
of the development process.
Since the uses being proposed are consistent with the goals and objectives
of the Town Center/ the approval of the amendment will improve the
administration or execution of the development process. Otherwise, each
specific tenancy request would require a variance or conditional use
approval. The delays caused by such approvals would cause additional
strain on the administration of the Town Center, and would require a
significant increase in public hearing requests.
For all the foregoing reasons/ the applicant respectfully requests your
departmenfs favorable review and recommendation of this application. Should
you have any questions, comments/ or require additional information, please do
not hesitate to phone my direct line at (305) 377-6238.
Sincerely yours,
~--
Michael J. Marrero
BE.RCaW RADE.LL & FERNANDEZ
ZONING~ LAND us-=: AND ENVIRONMENTAL LA.\N
ORDINANCE NO. 2010-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-145(b) "TOWN
CENTER DISTRICT (TC1)" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to permit additional permitted uses in the TC1 zoning district;
and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-145 (b) I "Town Center District (TC 1)" of the Land Development
Regulations is hereby amended as follows 1:
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts: ...
(1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or
used, or land used in whole or part for other than one or more of the following
specific uses, provided the requirements set forth elsewhere in this section are
satisfied:
1 Underlined provisions constitute proposed additions to existing text; text without underline or strike-
through constitute existing text.
Ordinance No. 2010-_
Page 2
a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or
structures are those combining residential dwelling units conforming generally with
the intent of the RMF3, Multi-Family Medium Density Residential District, with
office and/or retail commercial uses allowed in the B 1, Neighborhood Business
District, where the ratio of total square feet dedicated to residential and non-
residential uses is between 3: 1 and 1 :3.
b. Bookstores limited to 25.000 square feet in total floor area and limited to one
bookstore per center.
c. DancinQ, theater. lanQuaQe, art or tutorinQ academies limited to 5.000 square feet
of total floor area.
d. Furniture stores limited to 10.000 square feet of total floor area and limited to two
(2) furniture stores per center.
e. Grocery stores limited to 50.000 square feet of total floor area. limited to one (1)
Qrocery store per center.
f. Health and exercise clubs limited to 10.000 square feet of total floor area. limited to
one (1) health and exercise club per center.
Q. Department stores limited to 50.000 square feet of total floor area and limited to
one (1) department store per center.
h. Martial arts. dance or exercise studios limited to 2.500 square feet of total floor
area.
I. Pets shops limited to 5.000 square feet of floor area.
I. DOQ/pet hospitals limited to 2.500 square feet of total floor area. with the followinq
conditions:
1. All business activities of a dOQ/pet hospital shall be conducted within a
completelv enclosed. air-conditioned structure. insulated to prevent noise
disturbance to adiacent residential and non-residential uses.
2. No open-air pet exercise areas or kennels are permitted.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
Ordinance No. 2010-_
Page 3
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
, who moved its
, and
The foregoing Ordinance was offered by
adoption on first reading. This motion was seconded by
upon being put to a vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
The foregoing Ordinance was offered by
adoption on second reading. This motion was seconded by
and upon being put to a vote was as follows:
, who moved its
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED on first reading this 6th day of July, 2010.
Ordinance No. 2010-
Page 4
PASSED AND ADOPTED on second reading this _ day of
,2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2010.
TERESA M. SOROKA, MMC
CITY CLERK
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission /' r-1
FROM: Eric M. Soroka, ICMA-CM, City Manager V
BY: ~ian K. Raducci, Finance Director
DATE: May 3,2010
SUBJECT: Amending City Police Pension Ordinance
for Legislative Changes to Chapter 185
1st Reading June 1, 2010 City Commission Meeting Agenda Item 1-8
2nd Reading July 6, 2010 City Commission Meeting Agenda Item 9>
RECOMMENDATION
It is recommended that the City Commission approve the attached Amending Ordinance
for Legislative Changes to Chapter 185.
UPDATE - JUNE 23. 2010
The attached amended ordinance was presented for first reading on June 1, 2010.
After additional collaboration with the City Attorney, it has been determined that any
optional amendments affecting pension benefits are to be a mandatory subject of
negotiations and may not be made without the approval of the police union.
As a result, the following optional amendments have been removed from the attached
ordinance for second reading:
1. Allowing police officers to purchase prior military and/or police service
2. Allowing police officers who have chosen the joint and last survivor option to
have such option automatically cancelled after their benefit payments begin in
the event that the designated survivor dies
These additional benefits are not currently provided to the police officers, but may be
discussed during negotiations for a new collective bargaining agreement, which have
recently begun. Please note that this is a procedural requirement recommended by the
City Attorney's Office and in no way indicates an adverse position on the part of the City
in this matter.
1
BACKGROUND
Recently the Florida Legislature enacted Chapter 2009-97, substantially amending
Chapter 185 of the Florida Statutes, which govern municipal police pension plans. Our
plan is required to comply with certain of these changes. In addition, the Police Pension
Board has requested that the City implement other optional changes.
The attached Amended Ordinance has been prepared by the law firm of Sugarman and
Susskind (attorneys representing the Police Pension Board). They have incorporated the
mandated changes in the proposed ordinance amendment as well as included some
optional changes which are summarized on their attached memorandum. The Police
Pension Board has recommended the approval of the changes.
In addition, the City Administration has reviewed the proposed changes independently
with assistance from the law firm of Klausner & Kaufman, P.A. It is the opinion of
Klausner & Kaufman, P.A. that the ordinance has effectively been drafted to comply
with the provisions of Chapter 185 and that none of the proposed changes should have
any associated cost with the exception of the military service provision in Section 36-27
of the Code. This section would be amended to provide that a member who leaves the
employment of the City to serve in the military and then returns to reemployment within
one year of the end of the service shall be given credited service in the retirement plan
up to 5 years at no cost to the member. While the federal law (USERRA) would require
an employee contribution for the service, Chapter 185.02(5)(d) provides that the
employee receive the service at no cost. While this section would have a cost to the
City (which should be de minimis), the Plan needs to mimic the 185 provision should the
City desire to keep receiving the premium tax monies from the State. For this reason,
we recommend passage of the ordinance as drafted.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
2
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOClA Tim,
ATTORNEYS AT LAW
Robert A. Sugarman.
Howard S. Susskind
Kenneth R. Harrison, Sr.
D. Marcus Braswell, Jr.
Pedro A. Herrera
Noah Scott Warman
Ivelisse Berio LeBeau
100 Miracle Mile
Suite 300
Coral Gables, Florida 33134
(305) 529-2801
Broword (954) 327-2878
Toll Free i -800-329-2122
Facsimile (305) 447-8115
.Board Certified Labor
& Employment Lawyer
MEMORANDUM
TO:
Board of Trustees of the City of Aventura Police Officers' Retirement Plan
FROM:
Kenneth R. Harrison, Sr. ~~/~~-
DATE:
March 25, 2010
RE:
Legislative Changes to Chapter 185
* * * * * * * * * * * * *
Recently the Florida Legislature enacted Chapter 2009-97, substantially amending Chapter 185
of the Florida Statutes, which govern municipal police pension plans. Your plan is required to
comply with certain of these changes. You may choose to implement other optional changes.
We have incorporated the mandated changes in the proposed ordinance amendment. We have
also included the optional changes that you directed to be included.
The following are mandated changes:
Section 3 of the proposed ordinance amendment - Compliance with Protecting Florida's
Investments Act (PFIA):
PFIA was adopted in 2007 by the State of Florida to prohibit state investments in foreign
securities of companies that did certain types of business with or in the countries of Sudan and
Iran. PFIA now applies to and prohibits all municipal police plans from purchasing or holding
such securities. The State Board of Administration publishes a list, updated quarterly, of
"scrutinized companies" in which investment is prohibited. Your pension plan is prohibited
from purchasing or holding any such securities directly or indirectly. Any holdings in these
companies must be divested by September 30, 20 I O. This amendment provides full protection
llPage
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for Trustees and Investment Managers from any claims that these divestments violate fiduciary
duties.
Section 4 of the proposed ordinance amendment - Change in Joint Annuitant:
If a police retiree selected a joint survivor annuity, this change allows the retiree to change the
joint annuitant up to two times after retirement. The consent of the original joint annuitant is not
required. The original joint annuitant does not need to be alive. This permits retirees who
selected a joint and survivor option and whose survivor annuitants have died to select a new joint
annuitant. The retiree's benefit will need to be recalculated by the actuary based on the age of
the newly~designated joint annuitant.
Section 6 of the proposed ordinance amendment - Full Funding upOn Plan Termination:
Should your Pension Plan be terminated, this change requires that all accrued benefits be fully
funded. If the Plan is not fully funded at the time of termination the city is required to continue to
financially support the Plan until such time as all nonforfeitable benefits are funded.
The following optional changes are included in the proposed ordinance amendment.
Section 2 of the proposed ordinance amendment - Longer Trustee Terms:
The Pension Plan has been amended to change Trustee terms from two years to four years. This
change will be implemented as current Trustees' terms expire; the following term for that
Trustee position will be increased to four years.
Section 3 of the proposed ordinance amendment - Increase Foreign Investment Limit:
The current 10% cap on foreign securities for your plan has been increased up to 25% at market-
value. Should such an increase be recommended by the Consultant and approved by the Board,
the investment policy statement should be revised.
Section 5 of the proposed ordinance amendment - Purchase of prior service credit:
Chapter 185 was changed to clarify that the purchase of prior service credit was not limited to
law enforcement service in the state of Florida. The clarification has been included in the
proposed ordinance amendment.
Section 7 of the proposed ordinance amendment ~ Deduction of Health Insurance Premiums
from Pension Pavrnents:
2lpage
The Pension Protection Act permits public safety retirees who purchase health insurance to lower
their taxable pension income by up to $3,000 dollars per year if the insurance premiums are
deducted from their pension checks. Previously Florida police pension plans could only deduct
premiums for health insurance provided by employers or unions. Chapter 2009-97 permits the
deduction of any health insurance premiums. This will permit those retirees who do not
purchase health insurance from the employer or union to take advantage of the $3,000 dollar tax
deduction.
All of these changes have been addressed by your plan actuary. With the exception of the
change in Section 4 they have been found to be at no cost. The actuary expressed concern that a
change of joint pensioners as provided in Section 4 created a possibility of an adverse impact and
potential cost. We have included language that should negate any such potential.
3lpage
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF A VENTURA AMENDING PROVISIONS
OF THE POLICE OFFICERS' RETIREMENT PLAN REQUIRED BY LAWS OF
FLORIDA CHAPTER NO. 2009-97 PROVIDING FOR INCREASED TERMS
FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN INCREASED CAP
ON INTERNATIONAL INVESTMENTS UP TO TWENTY -FIVE PERCENT;
PROVIDING FOR COMPLIANCE WITH THE PROTECTING FLORIDA'S
INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH PROVISION
OF THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT; PROVIDING FOR CHANGING OF JOINT SURVIVOR
ANNUITY AFTER RETIREMENT UP TO TWO TIMES WITHOUT PRIOR
APPOV AL; PROVIDING FOR FULL FUNDING UPON TERMINATION OF
THE RETIREMENT PLAN; PROVIDING FOR AUTHORITY TO DIRECT
PAYMENT FROM RETIREMENT BENEFIT OF CERTAIN INSURANCE
PREMIUMS; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2009-97 Laws of Florida establishes new requirements
and options for police retirement plans established under Chapter 185 of the Florida
Statutes; and
WHEREAS, the Board of Trustees for the City of Aventura Police Officers'
Retirement Plan has reviewed these required and optional revisions and has approved
implementation thereof; and
WHEREAS, the City Commission has received an actuarial impact statement
addressing these required revisions.
NOW THEREFORE, be it ordained by the City Commission of the City of
Aventura, Florida:1
Section 1.
The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. That Section 36-23(c) Administration of the Retirement Plan, of
the Municipal Code of Ordinances be amended as follows:
Sec. 36-23. Administration of the Retirement Plan
1 Proposed additions to existing City Code text are indicated by an underline; proposed deletions from
existing City Code text are indicated by strikethrough.
Ordinance No. 2010-
Page 2
( c) All Trustees shall serve a term of twefour years. If a vacancy shall
occur prior to the expiration of a member's term, a replacement member
shall be chosen in the same manner as the person who has left office. A
replacement Trustee shall serve a full term measured from the date of
replacement. All Trustees shall serve until their replacements are selected.
Section 3.
That Section 36-25(c)(9) and (i), Fund management and
investments, of the Municipal Code of Ordinances be amended as follows:
Sec. 36-25. Fund management and investments.
(c) The Board shall establish a written investment policy, with the advice
and counsel of such advisors as the Board deems necessary, and said
investment policy shall set forth the types of securities and other types of
investments into which shall be place the assets of the fund. The policy
shall further set forth appropriate limitations on those investments,
including, but not limited to, anticipated rate of return, quality of
investment, class of investment and acceptable risk. The Board shall have
the authority to invest and reinvest the assets of the plan in such securities
or property, real or personal, as the Board deems appropriate, including,
but not limited to:
(9) Foreign securities, not to exceed tefltwenty-five
percent of the portfolio at eestmarket value.
ill The board shall identify and publicly report any direct or
indirect holdings it may have in any scrutinized company, as
defined in Florida Statutes, Section 215.473, and proceed to sell,
redeem, divest, or withdraw all publicly traded securities it may
have in such company beginning January L 2010 and shall
thereafter be prohibited from purchasing or holding such
securities. The divestiture of any such security must be completed
by September 30,2010. In accordance with Ch. 2009-97, Laws of
Florida, no person may bring any civil, criminal, or administrative
action against the board or any employee, officer, director, or
advisor of such board based upon the divestiture of any security
pursuant to this paragraph.
Ordinance No. 2010-
Page 3
Section 4.
That Section 36-26(h)(2) Service retirement benefit, of the
Municipal Code of Ordinances be amended as follows:
Sec. 36-26. Service retirement benefit.
(h) A member entitled to a normal or early service retirement benefit
shall have the right at any time prior to the date upon which the first
payment is received to elect to have the benefit payable under one of the
options provided in this plan. A member shall be permitted to revoke any
such election and to elect a new option at any time prior to the receipt of
the first payment. Each retirement option shall be the actuarial equivalent
of the other retirement options available. Election of the retirement option
shall be on a form prescribed by the Board.
(2) Joint and last survivor option. A member may elect to
receive an actuarially reduced benefit for life and to have the
benefit (or designated fraction of the benefit) continued after
the member's death and during the lifetime of a designated
survivor. A designated survivor may be any natural person or
a trust for the benefit of such person, but need not be the
spouse of the member. In the event that the designated
survivor dies, or in the case of the spouse, the marriage is
dissolved, before the member's benefit payments begin, this
option shall be canceled automatically and a retirement
income shall be payable to the member as if the election had
never been made. A member may, at that time, elect an
unreduced life annuity or a ten year certain and life thereafter
benefit. A retired member may change his or her designated
survivor up to two times without the approval of the Board or
the current designated survivor. The retiree member need not
provide proof of the good health of the designated survivor
being removed. and the designated survivor being removed
need not be living. Any changes in the form of retirement
benefit or the designated survivor shall require a recalculation
and change of the retirement benefit so that the changed
benefit will be actuarially equivalent to the one previously
elected or received. In order to accurately recalculate the
member's benefit. should no evidence of the good health of
the loint pensioner or beneficiary being removed be provided.
the beneficiary or ioint annuitant being removed will be assumed
deceased by the actuary in determining the actuarially equivalent
amount of the revised monthly benefit. Any potential increase in
plan liability. as determined by the Plan actuary. to the Plan as
Ordinance No. 2010-
Page 4
a result of the member's new election shall be borne solely by
the member.
Section 5.
That Section 36-27 Buy-back for military service, ofthe Municipal
Code of Ordinances be amended as follows:
Sec. 36-27. Buy-back for military and prior police service.
(a) Any member of the plan who is employed by the City prior to entry
into military service and who takes a leave of absence for the purpose of
entering into military service in the Armed Forces of the United States and
thereafter re-enters the employ of the City, and is vested, shall be entitled
to purchase service credits for the period of absence by contributing the
actuarial cost of the benefit which would have been earned had the
member continued in City employment for the period of military service,
with a lifetime maximum of five years of service credits, if: based on the
salary in effect on the date of the leave of absence, for each year being
purchased; except to the extent that state or federal In'.'; shall require the
provision of service credit without a member contribution. There shall be
no credit for military service prior to City employment as a police officer.
In determining the creditable service of any police officer, credit for up to
five years of the time spent in the military service of the ,^..rmed Forces of
the United States shall be added to the years of actual service, if:
(1 ) The police officer is in the active employ of the municipality
prior to such service and leaves a position, other than a temporary
position, for the purpose of voluntary or involuntary service in the
Armed Forces of the United States.
(2) The police officer is entitled to reemployment under the
provisions of the Uniformed Services Employment and
Reemployment Rights Act.
(3) The police officer returns to his or her employment as a police
officer of the municipality within one year from the date of his or
her release from such active service.
(b) A member who is receiving, or will receive the pension benefit for
military service in any other pension plan supported by public funds,
excluding a military pension, may not use that service for this Pension
Plan.
Ordinance No. 2010-
Page 5
(c} The contribution for military buy back required of the employee to
purchase service credits for prior military service or employment as a
police office may be made in one lump sum, or may be made by payroll
deductions in installments for a period of time '..vhich shall not exceed the
number of years_being purchased. l\n employee making installment
payments shall complete all required payments prior to payment of any
benefit under this section. If installment payments are not completed at the
time an employee retires, the employee shall not receiye military credit for
the remaining period for which payments were not made. ,^~n employee
making installment payments shall pay interest at a uniform rate as
determined by the Board.
Section 6.
That Section 36-32(b) Amendment or termination of the system, of
the Municipal Code of Ordinances be amended as follows:
Sec. 36-32. Amendment or termination of the system.
(b) In the event of termination or partial termination of the plan, each
participant's accrued pension benefit shall become nonforfeitable (100
percent vested)" to the extent funded. At such time, the funds shall be
appropriated and distributed in accordance with the provisions of Chapter
185 of the Florida Statutes. The Board shall determine the date of
distribution and the asset value required to fund all of the nonforfeitable
benefits. The Board shall inform the City, if additional assets are required,
in which event, the City, shall continue to financially support the
Retirement Plan until all nonforfeitable benefits have been fully funded.
In the event that the plan is terminated, the assets of the plan shall
first be distributed to retired members and their beneficiaries. If there is
any asset '/alue remaining after the apportionment to retired members and
their beneficiaries, apportionment shall next be made to each member in
the service who has completed at least ten (10) years of credited service
and has contributed to the fund for at least ten (10) years and who is not
otherwise eligible to retire. If there is any asset value after the
apportiornnents to retirees and their beneficiaries and to '/ested members
of the plan, apportionment shall lastly be made in respect of each member
in the service of the city in an amount not to exceed the total value of the
member's contributions. In the event that there is nay asset value
remaining after full apportionment to all members and beneficiaries of the
plan, the excess, if any, shall revert proportionately to the City and the
State of Florida on the basis of contributions to the plan.
Ordinance No. 2010-_
Page 6
Section 7.
That Section 36-34(a) Miscellaneous, of the Municipal Code of
Ordinances be amended as follows:
Sec. 36-34. Miscellaneous.
(a) The present or future right of a person to money in the Pension
Fund or to a retirement allowance, an optional allowance, a death benefit,
the return of contributions, or any other right accrued or accruing under
the provisions of this Plan shall not be assignable and shall not be subject
to execution, garnishment, attachment, the operation of bankruptcy or
insolvency law or any other process of law whatsoever, except with
respect to alimony, child support or medical payments to a former spouse
or minor child. Further. the recipient of any monthly benefit may
authorize the board of trustees upon written request. to withhold from the
monthly benefit those funds necessary to pay for accident. health. and
long-term care insurance premiums for the recipient. the recipient's spouse
and the recipient's dependents. The Pension Fund shall not incur any
liability for participation in such permissive program if its action is taken
in good faith.
Section 8.
All sections or parts of sections of the Code of Municipal
Ordinances, all ordinances or parts of ordinances, and all resolutions or parts of
resolutions in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
Section 9. Should any section or proVISIOn of this Ordinance, or any
paragraph, sentence or word, be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the invalidity of the remainder hereof, as a whole or
a part hereof, other than the part declared to be invalid.
Section 10. It is the intention of the City Commission of the City of Aventura
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of A ventura and that the sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "Chapter",
"Section", "Article", or such other appropriate word or phrase, the use of which shall
accomplish the intentions herein expressed.
Ordinance No. 2010-
Page 7
Section 11. This Ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
yes
yes
yes
absent
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 1st day of June, 2010.
Ordinance No. 2010-
Page 8
PASSED AND ADOPTED on second reading this 6th day of Julv, 2010.
SUSAN GOTTLIEB, MAYOR
APPROVED AS TO LF SUFFICIENCY:
CITY!O~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: June 18, 2010
SUBJECT: Resolution Adopting in Principle the Capital Improvement Program
Document 2010/11 to 2014/15
July 6, 2010 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution adopting, in
principle, subject to annual revision and authorization, the Capital Improvement
Program for 2010/11 to 2014/15.
BACKGROUND
The 2010/11 to 2014/15 Capital Improvement Program document was reviewed at the
May Commission Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2010/11 TO 2014/15 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years 2010/11 to
2014/15, attached hereto was presented and recommended to the City Commission of the City of
Aventura by the City Manager as a long term plan of proposed capital expenditures, the means
and methods of financing the projects and an action plan for the implementation of the projects;
and
WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement
Program to address Beautification and Parks, Transportation, Drainage and Infrastructure
Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment
Purchase and Replacement which represents a commitment by the community toward
achievement and maintenance of a desirable high quality of life for all residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement
Program which adopts a sound financing plan; and
WHEREAS, the City Commission has reviewed the Capital Improvement Program
document at a public meeting of the City Commission and wishes to adopt said document in
concept.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby accepts and adopts in principle, subject to
annual revisions and authorization, the City of Aventura Capital Improvement Program document
for fiscal years 2010/11 to 2014/15 attached hereto and incorporated herein as specifically as if set
out at length herein.
Section 2. The City Manager be and the same is hereby authorized to do all things
necessary and expedient in order to carry out the aims of this Resolution.
Section 3.
This Resolution shall take effect immediately upon adoption.
The foregoing resolution was offered by Commissioner _' who moved its adoption. The
motion was seconded by Commissioner , and upon being put to a vote, the vote was as
follows: Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 2
PASSED AND ADOPTED this 6th day of July, 2010.
SUSAN GOTTLIEB, MAYOR
ESA . SO
C CLE
APPROVEDAST~~
CITY Ani;;;!!/..,
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City of A ventura
Capital Improvement Program
2010/11 - 2014/15
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CAPITAL IMPROVEMENT PROGRAM
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2010/11 - 2014/15
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CITY OF AVENTURA
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CITY COMMISSION
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Mayor Susan Gottlieb
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
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CITY MANAGER
Eric M. Soroka
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DEPARTMENT DIRECTORS
Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., City Attorney
Robert M. Sherman, Community Services Director
Teresa M. Soroka, City Clerk
Joanne Carr, Community Development Director
Karen J. Lanke, Information Technology Director
Steven Steinberg, Police Chief
Julie Aim, Principal Charter School
Brian K. Raducci, Finance Director
Steven Clark, Arts & Cultural Center General Manager
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City of
A ventura
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Government Center
19200 West Countt)' Oub Drhoe
Aventurn. Aorida 33180
Office of the City Manager
The Honorable Mayor and
Members of the City Commission
City of Aventura
Aventura, Florida 33180
Enclosed herein is the proposed City of Aventura (the "City") Capital
Improvement Program (CIP) for the fiscal period October 1, 2010 through
September 30, 2015 and the proposed Capital Budget for the Fiscal period
October 1, 2010 through September 30, 2011.
The primary goal of the CIP is to develop a long-term plan of proposed capital
expenditures, the means and methods of financing, and a schedule of priorities
for implementation. It is important to stress that the CIP is a planning tool to
evaluate infrastructure needs of the City as well as the financial capabilities of the
City. In order to determine the impact of the CIP on the City's future operating
budget, the City Commission and residents will be provided with the benefits of a
CIP document which serves as a point of reference and includes an estimated
long-term budget plan.
At this point in the City's history, the need for major capital improvement funding
has decreased substantially due to a very ambitious schedule of completing
major community facilities and infrastructure projects during the past fourteen
years since the incorporation of the City. This document represents an update of
the CIP that was originally prepared for the five-year cycle of 2009 to 2014. The
update process is important for the CIP to become a continuing and ongoing
planning/implementation process. The last four years of last year's program
were reevaluated in light of unanticipated needs, cost revisions, new project
priorities and the financial condition of the City. In addition, the CIP was updated
to add new projects in the fifth year (2014/15) to complete the cycle. Projects
included within the framework of the program were based on input from
Commissioners, staff, City consultants and citizens.
The following represents the significant revisions or modifications to the
proposed CIP compared to the prior document:
. Added Government Center Commission Chambers Video Equipment
Upgrade Improvements -$53,350.
. Added Government Center Security Equipment Upgrades - $65,000.
. Added NE 20ih Street Road Resurfacing project - $400,000.
The proposed 2010 - 2015 CIP includes 24 projects in five (5) functional
categories with a total value of $10,199,551. The following represents the
percentage of total funding that each functional category has been allocated:
Beautification & Parks Facilities (6%), Transportation, Drainage and
Infrastructure Improvements (37%), Capital Equipment Purchase and
Replacement (30%), Information/Communication Technology (26%) and Public
Buildings and Facilities Improvements (1 %).
Major emphasis was placed on the following projects:
. Road Resurfacing
. Stormwater Drainage Improvements
. Founders Park Improvements
$2,775,000
1,000,000
593,600
The document contains a detailed funding plan that forecasts revenues
necessary to fund both the CIP and the operating budgets over the next five (5)
years. The proposed funding plan is based on the assumption that operating
expenditures can be maintained at certain percentage increases and revenues
grow at specified levels. The plan is based on conservative estimates reflecting
these uncertain economic times.
I am proud of the many accomplishments and the support the City Commission
and residents have shown in the implementation of the capital projects since the
incorporation of the City. Our beautification projects, park and open space
additions, Government Center, Community Recreation Center, Charter School,
Arts & Cultural Center, transportation improvements and many other community
enhancements continue to exhibit our commitment to excellence and
professionalism. This document serves many purposes. Importantly it serves as
an aid to the residents in providing a better understanding of the City's long-term
capital needs and how the City intends to meet these demands. It also details
our continuing effort to address the needs and concerns of our citizens while
making prudent financial decisions which contribute to the City's long term
financial health.
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The preparation and formulation of this document could not have been
accomplished without the dedicated efforts of all Department Directors and their
staff. Their professional efforts have assisted in the preparation of this important
planning program.
I request and recommend that you take the following actions regarding the
proposed 2010 - 2015 Capital Improvement Program:
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Hold a workshop meeting to review the CIP document in June.
Transmit copies of the CIP summary document to the public.
Hold a public hearing to conceptually adopt the final CIP document,
by resolution, for implementation.
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All questions relating to the CIP should be referred to my attention.
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Respectfully submitted,
E~. so"
City Manager
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CAPITAL IMPROVEMENT PROGRAM
2010 - 2015
HIGHLIGHTS
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· Road maintenance projects that total $2,775,000 to resurface asphalt and enhance
safety are included for NE 29th Avenue, NE 34th Avenue NE 18ih Street, NE 185th
Street, NE 188th Street, Country Club Drive and NE 20ih Street.
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· Utilizes a stormwater utility program to maintain drainage systems throughout the City.
A total of $1 ,000,000 has been earmarked during the five-year period.
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· Funds improvements to Founders Park including an additional hard surface tennis court
and playground equipment replacements at a cost of $593,600
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· Upgrades Commission Chambers video equipment and the Government Center
security system at a cost of $118,350
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· Provides the necessary equipment to continue to provide high quality and effective
police services.
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· Continues the implementation of technology improvements and management
information systems to enhance the productivity and efficiency of City operations.
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· Ensures that the tools of production, vehicles, equipment and technology, are available
for City operations.
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CAPITAL IMPROVEMENT PROGRAM
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2010 - 2015
- TABLE OF CONTENTS
INTRODUCTION PAGE
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Purpose of the Capital Improvement Program 1
Legal Authority 2
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Development of the Capital Improvement Program 2
Capital Improvement Program Policies 3
Preparing the Capital Budget 4
- Locating a Specific Capital Project 4
Reading the Program Schedules 5
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OVERVIEW OF RECOMMENDED PROJECTS
Summary of Recommended Projects 7
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Summary of Major Programs 7
- Summary of Proposed Appropriations by Funding Source 8
Summary of Project by Location and Year 9
FUNDING PLAN
Introduction 11
Debt vs. Pay-As-You-Go Financing 11
Required Separation of Funding Sources 12
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Summary of Financing Plan Model 13
- Proposed Financing Plan General Fund 14
Proposed Financing Plan Transportation Fund 18
- Proposed Financing Plan Stormwater Utility Fund 19
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PROJECT DESCRIPTIONS AND FUNDING SCHEDULES -
Beautification and Park Facilities Improvements 22
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Transportation, Drainage and Infrastructure Improvements 29
Public Buildings and Facilities Improvements 35
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I nformation/Commu n ications Tech nology 39
Capital Equipment Purchases and Replacements 47 -
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INTRODUCTION
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City of Aventura
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INTRODUCTION
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This section describes what a Capital Improvement Program (CIP) is and the process
for developing the City of Aventura (the "City") Capital Improvement Program and
Capital Budget. This introduction also explains how to locate a specific project in this
document.
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PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM
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The purpose of the CIP is to establish a long term plan of proposed capital
expenditures, the means and methods of financing, and a schedule of priorities for
implementation. In order to determine the impact on the City's operating budget, debt
service and the general trend of future expenditures, the City Commission will be
provided with the advantage of a CIP document as a point of reference and estimated
long term budget plan. In accordance with the State's Growth Management Act, the
City is required to undergo this process in order to meet the needs of its Comprehensive
Plan.
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The CIP is an official statement of public policy regarding long-range capital
development within the City. A capital improvement is defined as a capital expenditure
of $5,000 or more, resulting in the acquisition, improvement or addition to fixed assets in
the form of land, buildings or improvements, more or less permanent in character, and
durable equipment with a life expectancy of more than one (1) year. In addition,
equipment that has a value of $5,000 or less is also included in this document for
budgetary purposes.
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The CIP lists proposed capital projects to be undertaken, the year in which they will be
started, the amount expected to be expended in each year and the method of financing
these projects. Based on the CIP, a department's capital outlay portion of the annual
Operating Budget will be formulated for that particular year. The CIP document also
communicates to the citizens, businesses and interested parties the City's capital
priorities and plan for implementing projects.
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The five-year CIP is updated annually to add new projects in the fifth year, to re-
evaluate the program and project priorities in light of unanticipated needs, and to revise
recommendations to take account of new requirements and new sources of funding.
Capital Improvement programming thus becomes a continuing part of the City's
budgeting and management procedures.
The annual capital programming process provides the following benefits:
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1. The CIP is a tool for implementing the City's Comprehensive Plan.
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2.
The CIP process provides a mechanism for coordinating among projects
with respect to function, location, and timing.
Capital Improvement Program 2010-2015
Page 1
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3.
The yearly evaluation of project priorities ensures that the most crucial
projects are developed first.
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4.
The CIP process facilitates long-range financial planning by matching
estimated revenue against capital needs, establishing capital expenditures
and identifying the need for municipal borrowing and indebtedness within
a sound long-range fiscal framework. The sound fiscal policy that results
from this process will have a positive impact on the City's bond rating.
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The impact of capital projects on the City's operating budget can be
projected.
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The CIP serves as a source of information about the City's development
and capital expenditures plan for the public, City operating departments
and the City Commission.
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LEGAL AUTHORITY
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A capital programming process to support the comprehensive plan is required by the
Local Government Comprehensive Planning and Land Development Regulations,
incorporated as Chapter 163, Florida Statues.
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DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM
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The City's capital programming process began in December when operating
departments were required to prepare requests for all proposed capital projects
anticipated during the period of 2010 - 2015. A CIP Preparation Manual and related
forms were distributed to all departments for this purpose.
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In February, departmental prioritized project requests were submitted to the City
Manager's Office. Department Directors were asked to justify projects in terms of
benefits derived, necessity to health, safety and welfare of the City, enhancement to
City plans and policies, need of residents and funding. Projects were prioritized on the
basis of Urgency, Necessity, Desirability, and Deferability.
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The City Manager reviewed departmental requests and conducted individual meetings
with Department Directors. The departmental requests were prioritized and the five-
year schedule of projects was compiled into document form by the City Manager. The
methods of financing and revenue sources were then prepared by the Finance Director
and City Manager and were incorporated into the CIP document. At this point, the
proposed CIP is submitted to the City Commission and public for review.
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In order to facilitate public involvement, public hearings and community meetings will be
held to unveil and review the CIP document prior to the adoption of a Resolution
approving the CIP in principle.
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Capital Improvement Program 2010-2015
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City of Aventura
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CAPITAL IMPROVEMENT PROGRAM POLICIES
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Annually, the City will prepare a five-year capital improvement program
analyzing all anticipated capital expenditures and identifying associated
funding sources. Future capital expenditures necessitated by changes in
population, changes in development, growth, redevelopment or changes
in economic base will be calculated and included in the Capital update
process.
The City will perform all capital improvements in accordance with an
adopted CIP.
The classification of items as capital or operating will be determined by
two criteria - cost and frequency. Generally, a capital project has a "useful
life" of more than one (1) year and a value of $5,000 or more. In addition,
equipment that has a value of $5,000 or less is also included in the
document for budgetary purposes.
The City will coordinate development of the capital improvement budget
with the development of the operating budget. Future operating costs
associated with new capital improvements will be projected and included
in the operating forecasts.
The first year of the five-year capital improvement program will be used as
the basis for formal fiscal year appropriations during the annual budget
process.
The City will maintain all of its assets at a level adequate to protect the
City's capital investment and to minimize future maintenance and
replacement costs.
The City will identify the estimated cost of capital projects and prepare a
funding projection that considers revenues and operating costs to be
included in the Capital Improvement Program document that is submitted
to the City Commission for approval.
The City will determine the most appropriate financing method for all new
projects.
If appropriate, the City will attempt to maintain a mixed policy of
pay-as-you-go and borrowing against future revenues for financing capital
projects.
The City will maintain ongoing maintenance schedules relating to road,
sidewalk and drainage system improvements.
The City will address and prioritize infrastructure needs on the basis of
protecting the health, safety and welfare of the community.
A CIP preparation calendar shall be established and adhered to.
Capital projects will conform to the City's Comprehensive Plan.
Long-term borrowing will not be used to fund current operations or normal
maintenance.
The City will strive to maintain an unreserved General Fund Fund Balance
at a level not less than 7.5% of the annual General Fund revenue.
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Capital Improvement Program 2010-2015
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16. If new project appropriation needs are identified at an interim period during
the fiscal year, the funding sources will be identified and mid-year budget
amendments will be utilized to provide formal budgetary authority. In
addition budget amendments may be utilized to increase appropriations
for specific capital projects.
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PREPARING THE CAPITAL BUDGET
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The most important year of the schedule of projects is the first year. It is called the
Capital Budget and is adopted separately from the five-year program as part of the
annual budget review process.
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Based on the CIP, each department's capital outlay portion will be formulated for that
particular year. Each year the CIP will be revised and another year will be added to
complete the cycle. Capital Improvement Programming thus becomes a continuing part
of the City's budget and management process.
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The Capital Budget is distinct from the Operating Budget. The Capital Budget
authorizes capital expenditures, while the Operating Budget authorizes the expenditure
of funds for employee salaries, supplies and materials.
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Through the City's amendment process, changes can be made to the adopted Capital
Budget during the fiscal year. A request for amendment is generated by an operating
department based on an urgent need for new capital project or for additional funding for
a previously approved project. The request is reviewed by the Finance Director and
City Manager and, if approved by the City Manager, a budget amendment is presented
to the City Commission.
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LOCATING A SPECIFIC CAPITAL PROJECT
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The Capital Improvement Program is divided into five (5) program areas as follows:
Beautification and Parks (BP)
Transportation, Drainage and Infrastructure Improvements (TDI)
Public Buildings and Facilities (PBF)
Information/Communication Technology (ICT)
Capital Equipment Purchase & Replacement (CE)
Each project in the Capital Improvement Program has a unique project number. This
project number appears at the beginning of the individual project descriptions and the
Summary by Year tables. The first digit refers to functional category priority number
assigned by the City Manager. The final digits outline the individual department
requesting the project. For example, project TDI-1-CS is Transportation, Drainage and
Infrastructure Improvements project number one which was requested by the
Community Services Department.
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Capital Improvement Program 2010-2015
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City of Aventura
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READING THE PROGRAM SCHEDULES
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Detailed information about each capital project is presented in the section titled "Capital
Improvement Program Project Descriptions and Funding Schedules." The section is
arranged by program area and functional category and includes a description of each
project and the funding schedules. Project timetables for each functional category are
indicated in the Summary by Year tables.
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The funding schedules are based on the funding needed to complete an individual
project. A project's funding may continue for several years depending on the
development timetable. Each program has a separate Funding Plan Table that outlines
the revenue sources proposed to fund project expenditures.
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Capital Improvement Program 2010-2015
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Capital Improvement Program 2010-2015
City of Aventura
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OVERVIEW
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City of Aventura
OVERVIEW OF RECOMMENDED PROJECTS
SUMMARY OF RECOMMENDED PROJECTS
The proposed 2010 - 2015 CIP includes 24 projects in five (5) functional categories with
a total value of $12,235,893. The following represents the percentage of total funding
that each functional category has been allocated: Beautification & Parks Facilities (6%),
Transportation, Drainage and Infrastructure Improvements (37%), Capital Equipment
Purchase and Replacement (30%), Information/Communication Technology (26%) and
Public Buildings and Facilities Improvements (1 %).
SUMMARY OF MAJOR PROGRAMS
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The following table presents a summarized breakdown of the costs of the various
projects recommended for funding categorized by major function for each of the five (5)
years covered by the CIP.
Table 1
Program 2009/10 2010/11 2011/12 2012/13 2013/14 TOTAL
Beautification & Parks Facilities $ 499,400 $ 69,800 $ 7,800 $ 32,800 $ 32,800 $ 632,600
Transportation, Drainage & 706,000 686,000 936,000 860,000 600,000 3,776,000
Infrastructure
Public Buildings & Facllilles 118,360 0 0 0 0 118,360
Inform allon/Com m unlcallon 646 ,600 468,460 629,300 481,200 646,400 2,660,860
Technology
Capital Equipment 712,000 616,471 634,300 620,890 630,090 3,012,761
Totals $ 2,681,260 $ 1,818,721 $ 2,006,400 $ 1,884,890 $ 1,808,290 $ 10,199,661
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Capital Improvement Program
2010/11 - 2014/15
Summary By Function
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Capital
Equipment
30%
Beautification &
/""parl<S Facilities
L 6%
Transportation.
Drainage &
Infrastructure
37%
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1%
Capital In
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SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE
The following table reflects the distribution of all proposed projects to the funding source
or mechanism, which is appropriate for funding the projects for each of the five (5) years
of the program.
Table 2
Capital Improvement Program
2010/11 - 2014/15
Summary By funding Source
Funding Source 2010/11 2011/12 2012/13 2013/14 2014/15 TOTAL
General $ 1,768,450 $ 1,043,221 $ 1,169,229 $ 989,757 $ 1,077,290 $ 6,047,947
Stormwater Utility 200,000 200,000 200,000 200,000 200,000 1,000,000
Parks Development 0 0 0
Charter School 207,800 90,500 91,500 129,000 131,000 649,800
Federal Funding 0 0 0
Transportation Fund 505,000 485,000 545,671 566,133 400,000 2,501,804
$ 2,681,250 $ 1,818,721 $ 2,006,400 $ 1,884,890 $ 1,808,290 $ 10,199,551
The proposed funding plan involves a commitment to "pay - as - you - go" annual
appropriations established in yearly budgets and does not include additional long term
debt.
Funding Source Summary
General
59%
Stormwater Utility
10%
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Charter School
6%
Capital Improvement Program 2010-2015
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25%
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SUMMARY OF PROJECTS BY LOCATION AND YEAR
The following outlines the major projects by location and the year they are proposed to
be fu nded:
Location
Founders Park Improvements
NE 34th Avenue
NE 29th Avenue
N E 187th Street
NE 185th StreetlNE 31th Avenue
NE 188th Street2011/12
Country Club Drive
NE 207th Street
Table 3
Capital Improvement Program
2010/11 -2014/15
Summary By Location
Beautification Transportation
Improvements Improvements
Drainage
Improve
Park
Improve
2010-2011
2010/11
2010/11
2010/11
2011/12
2011/12
2012-2014
2014/15
Capital Improvement Program 2010-2015
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City of Aventura
FUNDING PLAN
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City of Aventura
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FUNDING PLAN
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INTRODUCTION
In order for a CIP to be an effective management planning tool, the program must
include not only a compilation of major capital needs and their costs but also a financing
plan for the entire life of the program. This financing plan must include an analysis of
the available resources which will be used to fund not only the CIP itself but the required
operating expenses and debt service requirements of the City.
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In order to ensure that the financing plan is complete in every respect, the plan
formulation process must include:
1.
A projection of revenues and resources which will be available to fund
operating and capital expenditures during the life of the CIP.
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2.
A projection of future years' operating expenditure levels which will be
required to provide ongoing services to City residents.
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Once the CIP projects have been evaluated, a determination is made of
the projects to be funded and the timing of the cash outflow for each
project. The information is then tabulated to determine the amounts
required to fund the CIP for each year.
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4. From the information obtained in 1 through 3 above, the additional
resources required to fund the CIP will be determined and a decision will
be made on whether the program is to be financed by the issuance of
debt, on a pay-as-you-go basis or some combination of the two (2).
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The financing plan prepared in such a manner will be as accurate as possible and
should be an informative document to all City residents. However, due to the
uncertainty involved in projecting operating cost increases, the community's desire for
service increases and the inflow of resources over a five-year period, the financing plan
presented should be viewed as a theoretical framework to be adjusted each year based
on the most recent information available at that time. This will be accomplished by
updating the financing plan each year, adopting operating and capital budgets, and
ordinances to implement fee structures which will be required to fund the program each
year.
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DEBT VS PAY-AS-YOU-GO FINANCING
Debt financing through the issuance of long term bonds is most appropriate when:
1. There are a small number of relatively large dollar value projects.
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2.
The large projects cannot be broken into segments and the costs
distributed over a larger time frame without impairing the usefulness of the
project.
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Capital Improvement Program 2010-2015
Page 11
City of Aventura
3. The projects are non-recurring.
4. Assets acquired have a relatively long useful life which equals or exceeds
the life of the debt.
Through long-term bond financing, the costs of a project having a long useful life can be
shared by future residents who will benefit from the projects.
In contrast, pay-as-you-go financing is most appropriate for a CIP which includes:
1. A large number of projects having a relatively small dollar value.
2. Projects which can be broken into phases with a portion completed each
year without impairing the overall effectiveness of the project.
3. Projects which are of a recurring nature.
4. Projects where the assets acquired will have relatively short useful lives.
The primary advantage of pay-as-you-go financing is that the interest costs and costs of
bringing a bond issue to market can be avoided. However, if inappropriately used, this
financing plan may cause tax rates and fee structures to increase suddenly and may
result in current residents paying a greater portion of projects which benefit future
residents.
In summary, the choice of the appropriate financing plan will be contingent upon an
analysis of the projects to be included in a CIP.
REQUIRED SEPARATION OF FUNDING SOURCES
In order to comply with accepted governmental accounting practices and to ensure
compliance with City Codes and any related Bond Indentures, the analysis and
financing plan contained herein will be presented within their respective funds. Projects
funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from
where the source of funding is derived. Each of these Budgets will appear in the Annual
Operating and Capital Improvement Budget, which is adopted each year. Those funds
are currently represented as follows:
1. General Fund
2. Transportation and Street Maintenance Fund
3. Charter School Fund
4. Park Development Fund
Capital Improvement Program 2010-2015
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City of Aventura
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5.
Stormwater Utility Fund
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In accordance with accounting, legal and internal revenue requirements, all projects to
be completed with the proceeds received from the sale of Bonds or loans will be
accounted for in a Capital Construction Fund or Stormwater Utility Fund. In addition,
capital outlay for the Charter School is included in a separate Budget adopted by the
City Commission.
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SUMMARY OF FINANCING PLAN MODEL
Detailed funding plans for individual funds of the City are enclosed herein in the
following sections. The following represents an overview of the major points of the
recommended funding plan:
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1. Utilize "pay - as - you - go" financing through annual appropriations to fund the total
five year amount of $10,199,551. No additional debt is recommended.
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2. Adjusts property tax revenues based on projected lower property assessments
caused by the economic downturn.
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City of Aventura
PROPOSED FINANCING PLAN
GENERAL FUND
After evaluating the nature of the various projects that are included in the City's General
CIP, it was decided that pay-as-you-go would be most appropriate for funding the
program.
FINANCING PLAN TABLES
Based on this decision, the analysis which follows is aimed at developing a financing
plan which will allow the City to fund General Government Services operating
expenditures and all projects recommended for funding in the General CIP for each
year of the program.
Table 1 presents a five-year projection of resources which will be available for General
Government Services. Unless shown by an asterisk (*), the amount projected for each
revenue is based on the tax rate or fee structure in effect during the 2009/10 fiscal year.
Revenue descriptions followed by an asterisk (*) were computed based on a projected
increase in the rate structure as discussed in the assumption of projections.
Table 2 presents a five-year projection of required operating expenses for General
Government Services which utilize the cost data as outlined in the assumption of
projections.
Table 3 is a recap of resources available to fund the General CIP based on projected
revenues and expenditures and the proposed Capital Improvement Program
appropriations for the five (5) years of the program. Please note that this analysis
assumes that all available resources not needed to fund current operating expenditures
will be transferred to the CIP Fund and that any balance in the CIP Fund will remain in
the CIP. Through this process, the City will be able to accumulate a reserve which
would be used to fund unexpected capital outlays or to fund future years' programs.
Capital Improvement Program 2010-2015
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City of Aventura
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TABLE 1
PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES
2009/10 2010/11 2011/12 2012/13 2013/14 2014/15
CURRENT YEAR REVENUES AVAILABLE FOR
GENERAL GOVERMENT SERVICES
AD VALOREM TAXES $13,248,000 $11,980,153 $12,219,756 $12,464,151 $12,900,396 $13,351,910 (a)
FPL FRANCHISE FEES 3,300,000 3,150,000 3,213,000 3,277,260 3,342,805 3,409,661 (b)
FRANCHISE FEES 490,000 520,000 535,600 551,668 568,218 585,265 (c)
UTILITY TAXES 6,585,000 7,151,000 7,365,530 7,586,496 7,814,091 8,048,514 (d)
CITY BUSINESS LICENSES TAX 675,000 768,000 775,680 783,437 791,271 799,184 (e)
BUILDING RELATED REVENUE 730,000 720,000 635,000 635,000 635,000 635,000 (I)
STATE SHARED REVENUES-UNRESTRICTED 388,000 382,000 393,460 405,264 417,422 429,944 (9)
FEDERAL FUNDING 1,100,788 0 0 0
HALF CENT SALES TAX 1,758,000 1,750,000 1,811,250 1,874,644 1,940,256 2,008,165 (h)
CHARGES FOR SERVICES 1,341,200 1,760,000 1,871,600 1,987,106 2,056,655 2,128,638 (i)
FINES AND FORFEITURES 797,000 897,000 923,910 951,627 980,176 1,009,581 U)
MISC. REVENUES 30,000 30,000 50.000 70,000 70,000 70,000
INTEREST ON INVESTMENTS 250,000 350,000 350,000 450,000 465,750 482,051
COUNTY BUSINESS TAX 42,000 44,000 44,000 44,000 44,000 44,000
TOTAL CURRENT YEAR REVENUES $30,734,988 $29,502,153 $30,188,786 $31,080,653 $32,026,040 $33,001,914
TRANSFERS FROM E911 FUND 125,000 164,000 169,740 175,681 181,830 188,194
TRANSFERS FROM SCHOOL FUND 0 30,000 30,000 30,000 30,000
TOTAL AVAILABLE $ 30,859,988 $ 29,666,153 $ 30,388,526 $ 31,286,334 $ 32,237,870 $ 33,220,107
NOTES TO ASSUMPTION OF PROJECTIONS
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(a)
After a reduction of $1 ,322,304 or 10% in 2010/11, due to lower assessed values caused
by the economic recession, Ad Valorem Tax revenues are estimated to grow at the rate
of 2% to 3.5% in future years.
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(b)
FPL Franchise Fees from Dade County will decrease in 2010/11 and then grow at the
rate of 2% per year.
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(c)
Franchise fees will grow at the rate 6% in 2010/11 and then 3% per year.
(d) Utility taxes will grow at the rate of 3% per year.
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(e)
(f)
Business License Tax will grow at the rate of 1.0% per year.
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Building related revenues will decrease beginning in 2010/11 and level off at $685,000
per year.
(g) State shared revenues will decrease for 2010/11 and then grow at the rate of 3% per
year.
(h) Half-cent sales tax will decrease for 2010/11 and then grow at the rate 3.5% per year.
(i)
Charges for services will grow at the rate of 3.5% per year after adjustment in 2010/11 for
Cultural Arts Center revenue and expansion of Mall police services reimbursement.
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m Fines & forfeitures will grow at the rate of 3% per year after adjustment in 2010/11.
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City of Aventura
TABLE 2
PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES
DEPARTMENT 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15
City Commission $ 118,943 $ 120,000 $ 122,400 $ 126,072 $ 129,854 $ 133,750
Office of the City Manager 913,875 933,000 979,850 1,028,633 1,080,064 1,134,067
Legal 280,000 280,000 280,000 280,000 280,000 280,000
City Clerk 279,399 287,000 311,350 326,918 359,802 394,988
Finance 841.488 856,000 898,800 943,740 990,927 1,040,473
Information Technology 879,272 920,000 984,400 1,053,308 1,127,040 1,205,932
Public Safety 14,040,336 14,651,000 15,383,550 16,152,728 16,960.364 17,808,382
Arts & Cultural Center 419,823 700,000 756,000 816,480 881,798 952,342
Community Development 1,482,789 1,495,000 1,519,750 1,595,738 1,675.524 1,759,301
Community Services 4,305,400 4,571,000 4,753,840 4,943,994 5,141,753 5,347,423
Non - Departmental 1,614.000 1,614,000 1,678,560 1,745,702 1,815,530 1,888,152
TOTAL PROJECTED OPERATING EXPENDITURES
GENERAL GOVERNMENTAL SERVICES $ 25,175,325 $ 26,427,000 $ 27,668,300 $ 29,013,311 $ 30,442,657 $ 31,944.811
TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2,277,069 2,277,069 2,277,069 2,277,069 2,277,069 2,277,069
TOTAL PROJECTED EXPENDITURES $ 27,452,394 $ 28,704.069 $ 29.945.369 $ 31.290,380 $ 32,719,726 $ 34,221,880
NOTES TO ASSUMPTION OF PROJECTIONS
Operating expenditures will increase 5% each year during the five year
period.
Capital Improvement Program 2010-2015
Page 16
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City of Aventura
TABLE 3
RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS
GENERAL FUND CAPITAL IMPROVEMENT PROGRAM
2010/11 2011/12 2012/13 2013/14 2014/15
TOTAL PROJECTED AVAILABLE RESOURCES $29,666,153 $30,388,526 $31,286,334 $32,237,870 $33,220,107
PROJECTED OPERATING EXPENDrruRES 26,427,000 27,668,300 29,013,311 30,442,657 31,944,811
DEBT SERVICE REQUIREMENTS 2,277,069 2,277,069 2,277,069 2,277,069 2,277,069
SUBTOTAL-EXPENDrruRES 28,704,069 29,945,369 31,290,380 32,719,726 34,221,880
BALANCE 962,084 443,157 (4,046) (481,856) (1,001,772)
Less CIP APPROPRIATIONS 1,768,450 1,043,221 1,128,771 996,106 1,077,290
AMOUNT NEEDED FROM CIP RESERVE
OR NEW REVENUES $ (806,366) $ (600,064) $ (1,132,817) $ (1,477,962) $ (2,079,062)
$40,000,000
$35,000,000 .
........ -r..:r- ..-'" .::-
- -. ........ --
$30,000,000 ... ... ...
...
$25,000,000
$20,000,000
$15,000,000
- - Revenues
$10,000,000 . Expenditures -
- -
$5,000,000 - -CIP
-
- - - - --
-- - - - -- - - -
$0 I
2010/11 2011/12 2012/13 2013/14 2014/15
Capital Improvement Program 2010-2015
Page 17
PROPOSED FINANCING PLAN
TRANSPORTATION FUND
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City of Aventura
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This fund was established to account for restricted revenues and expenditures which by
State Statute and County Transit System Surtax Ordinance are designated for
transportation enhancements, street maintenance and construction costs. This table
reflects the anticipated revenues available and the proposed appropriations.
TABLE 4
TRANSPORTATION AND STREET MAINTENANCE FUND
RECAP OF AVAILABLE RESOURCES AND PROPOSED APPROPRIATIONS
SUMMARY BY YEAR
REVENUES
LOCAL OPTION GAS TAX
INTEREST EARNINGS
STATE SHARED REVENUES-RESTRICTED
CARRYOVER
COUNTY TRANSIT SYSTEM SURTAX
TOTAL REVENUES
EXPENDITURES
Maintenance Operating Expenditures
Transit Services
TOTAL EXPENDITURES
Total For Capital
CAPITAL EXPENDITURES
Project Title
Transportation System and Traffic Improveme
Road Resurfacing Program
TOTAL CAPITAL EXPENDITURES
Reserves
Balance to be funded by General Fund
Capital Improvement Program 2010-2015
2009/10
450,000
1,000
150,000
215,000
950,000
1,766,000
730,000
371,000
1,101,000
665,000
2009/2010
625,000
2010/11
450,000
o
150,000
o
880,000
1,480,000
600,000
375,000
975,000
505,000
2010/2011
505,000
2011/12
465,750
2,000
155,250
o
906,400
1,529,400
623,000
378,750
1,001,750
527,650
2011/2012
o
485,000
2012/13
482,051
2,000
160,684
42,650
933,592
1,620,977
644,735
390,113
1,034,848
586,130
2012/2013
o
735,000
2013/14
498,923
3,000
166,308
o
961,600
1,629,830
668,231
401,816
1,070,047
559,784
2013/2014
o
650,000
o
o
2014/15
o
516,385
3,000
172,128
o
990,448
1,681,962
o
691,514
413,870
1,105,384
o
576,577
o
2014/2015
o
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400,000
o
$
$
40,000 $
$ 625,000 $ 505,000 $ 485,000 $ 735,000 $ 650,000 $ 400,000
- $ 176,577
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$
$
$
42,650 $ - $
90,216
- $ 148,871 $
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City of Aventura
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PROPOSED FINANCING PLAN
- STORMWATER UTILITY FUND
The City is responsible for stormwater management activities within its corporate
- boundaries.
In order to address deficiencies and develop an ongoing maintenance program, a
- Stormwater Utility Fund was created. The Fund generates revenues for stormwater
management costs, permitting, maintenance and capital improvements from a source
other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user
- fees charged to residents and businesses for generating revenues.
The City has recognized the need and importance of taking a proactive approach
_ toward stormwater management. The stormwater drainage improvements contained in
the five-year Capital Improvement Program were based on a complete survey of all
areas of the City conducted by the Community Services Department together with the
_ City's consulting engineers.
The Fund will be responsible for ongoing operation and maintenance costs, as well as
capital improvements.
-
Table 7 reflects the anticipated revenues available and the proposed appropriations for
the Stormwater Utility Fund for the five-year period.
-
A total of $1 ,000,000 worth of stormwater drainage projects will be completed during the
five-year period. The monthly rate charged to users per unit was $2.50 for 2009/10. It
is not recommended that the fee be increased during the next five (5) years.
-
DADE COUNTY MUNICIPAL STORMWATER UTILITY RATES
Coral Gables $3.50 Golden Beach $12.00
Hialeah $2.50 Homestead $ 1.25
Key Biscayne $5.00 Medley $ 2.50
Miami $3.50 Miami Beach $ 2.50
Miami Shores $2.50 North Miami $ 2.50
North Miami Beach $2.50 South Miami $ 2.50
Sweetwater $2.50
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Capital Improvement Program 2010-2015
Page 19
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City of Aventura
TABLE 7
RECAP OF AVAilABLE RESOURCES vs PROPOSED APPROPRIATIONS
STORMWATER UTiliTY FUND
2009/10 2010/11 2011/12 2012/13 2013/14 2014/15
Customer Data:
Projected No. of Billable ERUs (1) 29,217 29,217 29,217 29,217 29,217 29,509
Monthly Rate Per ERU $2.50 $2.50 $2.50 $2.50 $2.50 $2.50
Revenues:
Gross Stormwater Utility Billings (2) $876,510 $876,510 $876,510 $876,510 $876,510 $885,275
less: Uncollectibles (3) -35,060 -35,060 -35,060 -35,060 -35,060 -35,411
Carry Over of Surplus 0 0 106,450 191,499 254,293 293,940
$ 841,450 $ 841,450 $ 947,899 $ 1,032,949 $ 1,095,742 $ 1,143,804
Operating Expenses: (4) 430,000 535,000 556,400 578,656 601,802 625,874
Available for CIP & Debt Service $ 411,450 $ 306,450 $ 391,499 $ 454,293 $ 493,940 $ 517,930
Annual CIP Expenditures: 200,000 200,000 200,000 200,000 200,000 200,000
Annual Surplus/(Deficit): $ 211,450 $ 1 06,450 $ 191,499 $ 254,293 $ 293,940 $ 317,930
NOTES TO ASSUMPTION OF PROJECTIONS
(1) Projected to remain flat.
(2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized.
(3) Equals 4% of Gross Stormwater Utility Billings in Year Shown.
(4) Includes Operation and Maintenance, Engineering,Administration, Review of Existing Account Data Costs.
Projected to continue to grow at an annual rate of 4%.
Capital Improvement Program 2010-2015
Page 20
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Capital Improvement Program 2010-2015
City of Aventura
PROJECT
DESCRIPTIONS
Page 21
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City of Aventura
BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS
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This section includes beautification projects and improvements to the City's park system
and recreational facilities. There are two (2) projects in the CIP, which total $632,600.
Special emphasis was given to upgrading existing park facilities.
-
Policies
The City's investment in improvements to the City park system is based on the following
policies:
Goal: Provide adequate and accessible parks and facilities to meet the
recreational needs of all current and future residents.
. Provide a variety of quality recreation facilities that will meet the needs of all
age groups within the City and enhance the overall environmental
characteristics of the area.
-
. Maximize the utilization of all public facilities through the provision of variety in
the type of facility offered.
. Provide exercise/walking paths to enhance the physical well being of
residents.
. Provide recreational facilities on the basis of 2.75 acres per 1,000 population.
-
. Encourage the integration of recreational facilities into the development of
residential, commercial, industrial, and open space land uses.
-
Goal: Update the five-year CIP on an annual basis.
. Provide parks whereby residents have access to neighborhood parks within a
2 mile radius and community parks which serve the entire City.
-
Goal:
Increase Safety Standards
. Provide for adequate security measure including limited access facilities.
-
. Replace dangerous equipment and eliminate visual barriers to reduce
criminal opportunities.
. Employ vandal-resistant equipment and facilities.
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. Maintain a Parks Usage Plan to protect the City's investment in the park
system and insure the residents' safety.
Capital Improvement Program 2010-2015
Page 22
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City of Aventura
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Goal:
Protect and preserve environmentally sensitive land and water areas.
-
· Preserve and enhance open space with environmental impact.
Existina Facilities
-
There is 30.5 acres of open space and public park land in the City.
-
Aventura Founders Park was opened in November 1998. This 11 acre site located on
West Country Club Drive and NE 190 Street includes both active and passive
recreational opportunities. The park encompasses the following components: Jogging _
Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom
Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk,
landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and _
security lighting.
Don Soffer ExerciselWalking Path contains 5.5 acres that is classified as open space _
recreation area. This facility is used by residents for both recreational and exercise
purposes.
-
Waterways Dog Park was acquired by the City in 1998 from a private developer. This
1.5 acre site was previously constructed by a private developer. The City converted this
site to a dog park in 2008.
-
Waterways Park was purchased in 2006. The 7 acre site that include a multipurpose
sports field, playground, basketball court, fitness trail, parking and restroom facilities
was opened in 2008.
-
Arthur I Snyder Memorial Park was purchased in 1998. This 3.5 acre site was one of
the last remaining waterfront undeveloped parcels in the City. This site contains the
Community/Recreation Center. Open passive and sitting areas are available at this
location.
-
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Veterans Park was acquired by the City from a private developer in 2001. This 2 acre
site is located on NE 31 st Avenue. Facilities and amenities include: parking lot; 1.5 acre
open playfield area; playground facilities; landscaping with shade trees and a .5 acre
pet exercise area. This park was modified in 2008 by removing the dog play area and
expanding the children's play area and adding a restroom facility.
-
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Prior Accomplishments
The following projects have been completed or are scheduled for completion as of the
2010/11 fiscal year:
-
Proiect Title Year
Conceptual Design of Aventura Founders Park 1996/97
Design of Country Club Drive Exercise Safety Improvements 1996/97
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Capital Improvement Program 2010-2015
Page 23
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City of Aventura
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Purchase of 5.5 acres for Aventura Founders Park
Bus Shelter & Bench Replacements
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Aventura Blvd Beautification Improvements
Northern Entrance Beautification Improvements
Aventura Founders Park Development
Country Club Drive ExerciselWalking Path Improvements
NE 183rd Street Beautification Improvements
NE 34th Avenue Beautification Improvements
Library Landscaping Project
Huber Tract Open Space Land Purchase
NE 20ih Street Beautification Improvements
Country Club Dr. Exercise Path Safety Improvements
NE 190th Street Beautification Improvements
Biscayne Boulevard Phase I Beautification Improvements
FEC Landscape Buffer
NE 191st Street Beautification Improvements
Waterways Park Improvements
Founders Park Improvements
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Biscayne Boulevard Phase II Beautification Improvements
NE 185th Street & NE 28th Ave Beautification Improvements
NE 213th Street Beautification Improvements
Aventura Blvd. Entrance Features
Community/Recreation Center Conceptual Design
Community Recreation Center Development
Expanded Waterways Park Purchase
Biscayne Boulevard Phase II Beautification Improvements
Country Club Drive Beautification Improvements
Newspaper Racks
NE 188th Street Beautification Improvements
Yacht Club Way Beautification Improvements
William Lehman Causeway Beautification Improvements
Veterans Park Development
Waterways Park Design
Founders Park Parking Lot Expansion
NE 20ih Street Swale Beautification Improvements
Waterways Park Development
Splash pad Addition to Founders Park
Miami Gardens Drive Beautification Improvements
Waterways Dog Park Development
Veterans Park Modifications
-
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1996/97
1996/97, 1997/98, 1998/99
1999/00,2000/01, 2001/02
2005/06
1997/98
1997/98
1997/98
1997/98
1997/98
1997/98
1997/98
1998/99
1998/99
1998/99, 2004/05, 2009/10
1998/99
1998/99
1998/99
1998/99
1999/00
1999/00,2001/02,2002/03
2003/04,2005/06
1999/00
1999/00
2001/02
2001/02
2000/01
2001/02
2003/04
2001/02
2002/03
2002/03, 2003/04
2002/03
2003/04
2003/04, 2004/05
2003/04
2005/06
2005/06
2005/06
2006/07, 2007/08
2006/07
2006/07
2007/08
2007/08
Capital Improvement Program 2010-2015
Page 24
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City of Aventura
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Park Facilities/Open Space Recreation
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The City's estimated current population is 31,000. The City's Comprehensive Plan
recommended standard is 2.75 acres of park and recreation land for every 1,000
potential residents. The amount of park and recreation land required by the park
standards for this population is 82.50 acres. In calculating the number of recreation
acres the City has available for use by residents, public private, golf courses and
marinas are accounted for at a different degree depending on accessibility to citizens of
the City. Assuming that public facilities can be accounted for at 100%, private
recreation facilities at 50%, and marinas and the golf course at 25%, the City existing
and proposed recreation areas total 115. Therefore, no deficiency exists under the
City's standards. Table PFOS1 contains an inventory of existing and proposed
recreation and open space areas. The City owns 30.5 park/open space acres.
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Table PFOS 1
CITY OF AVENTURA
Recreation/Open Space Inventory
-
TYPE FACILITY
Public Recreation Areas
C Don Soffer ExerciselWalking path
C Arthur I Snyder Memorial Park
N Veterans Park
N Waterways Park
N Waterways Dog Park
N Aventura Founders Park
ACRES
APPLICABLE ACRES
Public Recreation Subtotal
30.5
5.5
3.5
2.0
7.0
1.5
11.0
30.5
-
5.5
3.5
2.0
7.0
1.5
11.0
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Private Recreation Areas
Private Recreation Sites
Marina Complexes
Golf Courses
Private Recreation Subtotal
-
63.61 31.81
9.40 2.35
203.17 50.79
276.18 84.95 -
306.68 115.45
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Total Recreation Areas
C = Community Park
N = Neighborhood Park
Citywide Beautification Proaram
-
In December of 1996, the City Commission approved the landscape design concepts to
be utilized with the implementation of a Citywide Beautification Program. This major
undertaking, addresses median and right of way landscaping throughout the public
areas within the City, and was adopted as one of the City's budget priorities and goals.
The landscape design includes the planting of an assortment of palm trees, including
date palms at the City's entrances and coconut and royal palms on various medians
throughout the City, as well as shade trees such as live oaks.
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Capital Improvement Program 2010-2015
Page 25
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City of Aventura
With this Beautification Program, the City Commission has fulfilled its long-term goal of
creating the signature of the City and establishing its reputation as "the most beautiful
City in South Florida." The actual construction of these projects will be ongoing until all
of the improvements to the various areas within the City are complete.
In 2006, the City funded a Landscape Restoration Program in the amount of $1 ,500,000
to respond to damage from hurricanes experienced in 2005.
-
The following areas have been completed as of the 2009/10 fiscal year:
Aventura Boulevard, Northern City Entrance, NE 20ih Street, NE 183rd Street, NE 185th
Street & 28th Avenue, NE 190th Street, NE 1915t Street, NE 29th Avenue, NE 18ih
Street, NE 188th Street, NE 213th Street, Biscayne Boulevard and FEC Landscape
Buffer, Aventura Boulevard Entrance Features, Country Club Drive, Yacht Club Way,
William Lehman Causeway, NE 20ih Street Swale, 2006 Citywide Hurricane
Landscape Restoration Program; Miami Gardens Drive and the Biscayne Boulevard
Median (NE 209-212 St).
Fundina Plan
Funding for the proposed beautification and park facilities will be provided by the
proceeds from the following revenue sources:
Total Category Budget
$632,600
Fundina:
General Fund
$632,600
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Capital Improvement Program 2010-2015
Page 26
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City of Aventura
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TABLE 1
PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2010/11 - 20014/15
SUMMARY BY YEAR
-
ltltl:l'f ~Sj!l: Imillllf; ~':Hlin :to;IUh' ~li~)i'" ~Iil'~if Ell !]~'Ufji!'lu;ln
BP1 Founders Park Improvements CS $ 491,600 $ 52,000 $ $ 25,000 $ 25,000 $ 593,600
BP2 Citywide Beautification Improvements CS 7,800 7,800 7,800 7,800 7,800 39,000
Totals $ 499 ,400 $ 59,800 $ 7,800 $ 32,800 $ 32,800 $ 632,600
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TABLE 2
PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2010/11 - 20014/15
FUNDING PLAN
-
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BP1
Founders Park Improvements
CS
593,600
593,600
BP3
Citywide Beautification Improvements
CS
39.000
39,000
-
Totals
632,600 $
$ 632,600
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Capital Improvement Program 2010-2015
Page 27
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City of Aventura
PROPOSED PROJECTS
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1-CS
Founders Park Improvements
2010/11 $491,600 2011/12 $52,000 2013/14 $25,000
2014/15 $25,000
-
This project consists of maintenance projects, replacing and updating playground
equipment.
2011/12
Replace Exercise Equipment
Pour in Place Surfacing
$145,600
26,000
260,000
60,000
20,800
31 ,200
25,000
25,000
-
2010/11
Replace Playground Equipment
Playground Covers
Pour in Place Surfacing
Add Hard Surface Tennis Court
2013/14
Replace Splash Pad Water Features
2014/15
Replace Splash Pad Water Features
2-CS
Citywide Beautification Improvements
2010/11 $7,800 2011/12$7,800 2012/13$7,800
2013/14 $7,800 2014/15 $7,800
This project consists of implementing the landscaping and beautification concepts
approved by the City Commission.
-
2013/14
Purchase Trash Cans
7,800
7,800
7,800
7,800
7,800
2010/11
Purchase Trash Cans
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2011/12
Purchase Trash Cans
2012/13
Purchase Trash Cans
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2014/15
Purchase Trash Cans
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Capital Improvement Program 2010-2015
Page 28
City of Aventura
TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE
IMPROVEMENTS
-
This section includes improvements to the City's transportation system, roadways,
drainage system, sidewalks, pedestrian pathways, street lighting, transit and other
infrastructure improvements. There are two (2) improvement projects in the Capital
Improvement Program, which total $3,775,000. Special emphasis was given to
correcting drainage deficiencies and road resurfacing and addressing maintenance
considerations. The projects outlined in this section have been developed based on a
survey of all areas of the City, with respect to the improvement items, by the Community
Services Department; City's consulting engineer and staff. The projects were prioritized
according to the urgency of the improvements needed and age of the areas to be
improved.
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Policies
The City's investment in improvements to its transportation system, roads, sidewalks,
street lighting and drainage system is based on the following policies:
-
Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund
drainage improvements contained in the CIP.
-
. Coordinate area-wide storm water developments with major street improvements.
. Provide adequate storm drainage as defined by present standards for different types
of areas of the City.
. Upgrade areas of the City to conform to present drainage standards to eliminate
flood prone areas.
Goal: Improve local roads to meet road safety requirements and serve the
transportation needs of the City.
-
. Systematically provide local street improvements throughout the City based upon
the existing condition and age of the street and the cost of maintenance of the street.
. Provide an adequate road transportation network that meets or exceeds the capacity
rating outlined in the Comprehensive Plan.
. Implement improvements to meet safety standards.
. Improve safety by installing street lighting on all appropriate public roadways.
. Provide walkways and sidewalks to improve the safety of residents traveling
throughout the City.
Capital Improvement Program 2010-2015
Page 29
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City of Aventura
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· Accept the dedication of private roads throughout the City in accordance with the
Policy governing the conversion of private roads to public roads as outlined in
Resolution No. 97-05.
-
Goal: Address traffic flow along the major roadways and intersections by
implementing projects that create improvements to the system.
-
· Implement the recommendations of the City's Traffic Advisory board and its Traffic -
consultant.
Existina Facilities
The following is a list of current public roads under the jurisdiction of the City:
NE 185th Street NE 2ih Court
NE 28th Place NE 28th Avenue
NE 29th Avenue NE 29th Court
NE 29th Place NE 30th Avenue
NE 34th Avenue NE 18ih Street
NE 188lh Street NE 190th Street
N E 191 st Street N E 192nd Street
NE 193rd Street Aventura Boulevard
West Country Club Drive North Country Club Drive
East Country Club Drive NE 201 Terrace
NE 203rd Street NE 205lh Street
NE 206th Street NE 20ih Street
NE 208th Street NE 208lh Terrace
NE 209th Street NE 211th Street
NE 213th Street NE 214th Terrace
NE 214th Street NE 183rd Street
Yacht Club Drive Turnberry Way
NE 2ih Court
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Prior Accomplishments
-
Since the inception of the CIP, the following projects have been completed or are
scheduled for completion as of the 2009/10 fiscal year:
-
Proiect Title
Country Club Drive Drainage Improvements
Sidewalk Installation - Southside of Lehman Causeway
Pedestrian Safety Study
Aventura Boulevard Street Lighting Improvements
NE 183rd Street & Drainage Improvements
NE183rd Street Lighting Improvements
NE 20ih Street Lighting Improvements
North Aventura Stormwater Collector (2131h Street)
Pedestrian Transportation Circulation Safety Improvements
Year
1996/97
1996/97
1996/97
1997/98
1997/98
1997/98
1997/98
1997/98
1997/98
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Capital Improvement Program 2010-2015
Page 30
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City of Aventura
NE 190th Street Lighting Improvements 1998/99
- South Aventura Stormwater Collector 1998/99
Sidewalk Improvements & Replacements 1998/99, 1999/00,2000/01
NE 34th avenue Street Li~hting Improvements 1999/00
NE 185th Street & NE 28t Avenue Improvements 1999/00
Safety Improvements - Country Club Drive 1999/00
NE 30th Avenue Drainage Improvements 2000/01
.... NE 213th Street Lighting Improvements 2000/01
NE 34th Avenue Safety/Road Improvements 2000/01
Biscayne Lake Gardens Area Drainage Improvements 2001/02
.... NE 188th Street, Lighting & Drainage Improvements 2002/03
Country Club Drive Improvements 2002/03
NE 190 Street Drainage Improvements 2002/03
- Yacht Club way Drainage and Lighting Improvements 2003/04
NE 31st Avenue Decorative Street Lighting 2003/04
Extension of Lehman Causeway Westbound Service Road 2003/04
.... Illuminated Street Signs 2003/04
Hospital District NE 213 Street Drainage Connector 2003/04
Hospital District North Collector 2004/05
.... NE 20th Street Resurfacing 2004/05
Traffic Video Monitoring Program 2004/05,2005/06
Directional Signs 2004/05
- Yacht Club Drive Seawall Improvements 2005/06
Miami Gardens Drive 2005/06
Aventura Boulevard Resurfacing 2005/06
- NE 213th Street Outfall Drainage Improvement 2006/07
Miami Gardens Drive Extension and Street Lighting 2006/07
Ne 29th Avenue Street Lighting Improvements 2006/07
- Yacht Club Drive Resurfacing 2006/07
Countdown Pedestrian Walkway Signals 2006/07
Traffic Video Monitoring Program - Phase I 2006/07
- Traffic Video Monitoring Program - Phase II 2007/08
Ne 29th Pace and Yacht Club Way Resurfacing 2007/08
NE 190th Street Drainage Improvements 2007/08
- NE 209th StreetlBiscayne Boulevard Traffic Improvements 2007/08
NE 18th Street Traffic Improvements 2007/08
NE 180th & NE 182nd Street/Biscay Boulevard Signage 2007/08
NE 199th StreetlWest Country Club Drive Turning Lane 2008/09
NE 190th Street Resurfacing 2008/09
NE 191stStreetlBiscayne Boulevard Traffic Improvements 2008/09
- NE 191st /29th Avenue Drainage Improvements 2008/09
Hospital District Resurfacing 2009/10
NE 183rd Street Resurfacing & Road Improvements 2009/10
- Yacht Club Way Bridge Improvements 2009/10
Country Club Drive Bus Shelters 2009/10
Capital Improvement Program 2010-2015
Page 31
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-
City of Aventura
-
Road. Drainaae and Infrastructure Improvements
-
The majority of the projects outlined herein can be also be classified as drainage
improvements and road resurfacing in accordance with established maintenance
schedules. In addition, traffic improvement projects recommended by the Traffic
Advisory board are included for funding.
-
Fundina Plan
-
Funding for the proposed roadway, drainage and infrastructure improvement projects
will be provided by the following sources:
-
Total Category Budget
$3,775,000
-
Fundina:
Transportation Fund
General Fund
Stormwater Utility Fund
$2,330,534
444,466
1,000,000
-
Tables 1 and 2 showing these improvement projects and funding schedules are
followed by detailed project descriptions.
-
-
-
-
-
-
-
-
-
-
Capital Improvement Program 2010-2015
Page 32
-
-
-
-
-
-
-
-
-
-
-
City of Aventura
TABLE 1
PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS
PROJECTS SCHEDULED FOR 2010/11 - 20014/15
SUMMARY BY YEAR
TDI1 Stormwater Drainage Impro\ement CS $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 $ 1,000,000
TDI2 Road Resurfacing Program
CS
505,000
485,000
735,000
650,000
400,000
2,775,000
Totals
$ 705,000 $ 685,000 $ 935,000 $ 850,000 $ 600,000 $ 3,775,000
TABLE 2
PROPOSED TRANSPORTATION, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS
PROJECTS SCHEDULED FOR 2010/11- 20014/15
FUNDING PLAN
TDI1 Stormwater Drainage Impro\ement CS $ 1,000,000 $ 1,000,000
TDI2 Road Resurfacing Program
CS
$ 239,087
2,535,913
2,775,000
Totals
$ 3,775,000 $ 1,000,000 $ 239,087 $ 2,535,913 $
Capital Improvement Program 2010-2015
Page 33
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City of Aventura
-
1-CS
Stormwater Drainage Improvements
2010/11 $200,000 2011/12 $200,000
2013/14 $200,000 2014/15 $200,000
PROPOSED PROJECTS
-
2012/13 $200,000
-
Projects included provide for ongoing annual minor drainage improvements and include -
the cost of resurfacing the affected roadways.
2010/11
2011/12
2012/13
2013/14
2014/15
-
Drainage Improvements
200,000
200,000
200,000
200,000
200,000
-
Drainage Improvements
-
Drainage Improvements
-
Drainage Improvements
Drainage Improvements
-------------------------------.-------------------------------------------------------------------------------------------
2-CS
Road Resurfacing Program
2010/11 $505,000 2011/12 $485,000 2012/13 $735,000
2013/14 $650,000 2013/14 $400,000
-
-
This project consists of resurfacing roadways as determined by the City's maintenance
standards and the Community Services Department.
2010/11
2011/12
2012/13
2013/14
2014/15
-
NE 29th Avenue/ NE 18ih Street
NE 34th Avenue
NE 185th/NE 31 th Avenue
NE 188th Street
285,000
220,000
200,000
285,000
735,000
-
-
Country Club Drive (Northbound)
Country Club Drive (Southbound)
NE 20ih Street
-
650,000
400,000
-
---------------------------------------------------------------------------------------------------------------------------
-
-
Capital Improvement Program 2010-2015
Page 34
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City of Aventura
PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS
-
Capital projects in this functional category include providing new facilities to serve City
residents or improvements to existing facilities in the City. The CIP includes 2 projects
totaling $118,350.
Policies
The City's investment in improvements to public buildings and operational facilities is
based on the following policies:
. Provide easily accessible services to City residents and adequate parking for City
facilities.
-
. Repair and maintain all buildings and facilities in proper order to increase life of said
facilities.
-
Existina Facilities
Map 1 shows the location of the City's Government Center, and the Dade County Fire
Rescue Station and Library Branch.
-
Prior Accomplishments
The following projects have been completed or are scheduled for completion as of the
2009/10 fiscal year:
-
-
Proiect Title
Government Center/Police Station Needs Assessment Study
Government Center Land Purchase
Design of Government Center/Police
Construction of Government Center
Purchase of Charter Elementary School Property
Construction of Charter Elementary School
Community Center Improvements
-
-
-
Construction of Middle School Wing to Charter School
Holiday Lighting for Government Center
Design of Arts & Cultural Center
Classroom Additions to Charter School
Arts & Cultural Center Construction
Government Center Chiller Replacements
Police Department Office Improvement
-
Year
1996/97
1997/98
1997/98
1999/00,2000/01
2001/02
2002/03
2003/04,2004/05,
2006/07, 2007/08
2004/05
2005/06
2007/08
2008/09
2008/09, 2009/10
2009/1 0
2009/10
Fundina Plan
Funding for the proposed Public Buildings Projects will be provided by the following
sources: Total Category Budget $118,350
-
Capital Improvement Program 2010-2015
Page 35
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City of Aventura
-
Fundina:
General Fund
$118,350
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Capital Improvement Program 2010-2015
Page 36
-
-
-
-
-
-
-
-
-
-
-
-
-
City of Aventura
TABLE 1
PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2010/11 . 20014/15
SUMMARY BY YEAR
PBF1
PBF2
Government Center Commission Chambers Video UpgradeCS
Government Center Security Equipment Upgrades CS
53,350 $
65,000
$
53,350
65.000
Totals
118,350
$
118,350
TABLE 2
PROPOSED PUBLIC BUILDING AND FACILITIES IMPROVEMENTS
PROJECTS SCHEDULED FOR 2010/11 - 20014/15
FUNDING PLAN
PBF1
PBF2
Government Center Commission Chambers Video Upgrade CS
Government Center Security Equipment Upgrades CS
$
53,350
65,000
$
53,350
65,000
Totals
118.350
118.350
Capital Improvement Program 2010-2015
Page 37
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City of Aventura
-
PROPOSED PROJECTS
-
1-CS
Government Center Commission Chambers Video Upgrade
2010/11 $53,350
-
This project provides for upgrading the video components in the City Commission
Chambers to provide for better picture quality by replacing the following equipment:
· Dais monitors with LCD monitors
· Digital projector for a sharper image
· Document Camera
· Production Room monitor, switcher and camera to provide for digital imagery
broadcast to the public.
-
-
-
The current equipment is nine years old.
-
-------------------------------------------------------------------------------------------------------------._------------
2 - Government Center Security Equipment Upgrades
2010/11 $65,000
-
This project consists of upgrading this nine year old system to a state of the art digital
surveillance system by replacing the video recorders and cameras throughout the
Government Center.
-
-
-
-
-
-
-
-
-
Capital Improvement Program 2010-2015
Page 38
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City of Aventura
INFORMATION/COMMUNICATIONS TECHNOLOGY
-
-
This functional category includes improvements to the City's information/communication
systems, data processing and the automation of certain operations by utilizing the latest
technology to enhance productivity and efficiency. There are 11 projects totaling
$2,660,850.
Policies
-
The City's investment in communication and computer projects is based on the
following policies:
-
. Continue the implementation upgrade of the Management Information System for all
key City operations to automate functions and improve efficiency and productivity.
. Improve and maintain City-wide radio communications capabilities for Police
operations.
-
. Develop and maintain computerized capabilities of the various City departments and
information systems.
. Utilize the latest state of the art technology including the use of the Internet for the
delivery of services.
. Maintain the E911 system to enhance police response times to emergencies.
-
. Utilize the latest technology for education and teaching at the Charter School.
-
Fundina Plan
Funding for the proposed Information Technology
following sources: Total Category Budget
Fundina:
General Fund
Charter School Fund
Projects will be provided by the
$2,660,850
$2,011,050
649,800
Capital Improvement Program 2010-2015
Page 39
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-
City of Aventura
-
TABLE 1 -
PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT
PROJECTS SCHEDULED FOR 2010111 - 2014115
SUMMARY BY YEAR
-
ICTl Police Computers Systems<$5000 PO 188,000 125,000 134,000 125,000 125,400 697,400
ICT2 Central Computer System>$5000 IT 90,000 95,000 100,000 105,000 140,000 530,000 -
ICT3 Radios and E911 System PO 126,000 106,000 181,000 96,000 108,000 617,000
ICT4 Computer Equipment<$5000 ACES 104,800 80,SOO 71,500 99,000 86,000 441,800
-
ICT5 Computer Equipment>$5000 ACES 103,000 10,000 20,000 30,000 45,000 208,000
ICT6 Computer Equipment<$5000 IT 6,000 6,000 6,000 6,000 6,000 30,000
ICT7 Computer Equipment<$SOOO F 6,000 2,000 2,000 2,000 6,000 18,000 -
ICT8 Computer Equipment<$5000 CM 2,000 4,000 2,000 8,000
ICT9 Computer Equipment<$5000 CS 17,700 23,4SO 11,000 12,100 25,400 89,650
Icno Computer Equipment<$5000 CD 3,000 3,500 3,800 -
4,100 3,600 18,000
ICTll Computer Equipment CC 0 3,000 3,000
Totals $ 646,500 $ 458,450 $ 529,300 $ 481,200 $ 545,400 $ 2,660,8SO
-
TABLE 2
PROPOSED COMMUNICATIONS AND COMPUTERS EQUIPMENT
PROJECTS SCHEDULED FOR 2010111 - 2014/15 -
FUNDING PLAN
-
ICTl Police Computers Systems<$5000 PO 697,400 697,400
ICT2 Central Computer System>$5000 IT 530,000 530,000 -
ICT3 Radios and E911 System PO 617,000 617,000
ICT4 Computer Equipment<$5000 ACES 441 ,800 441,800
-
ICT5 Computer Equipment>$SOOO ACES 208,000 208,000
ICT6 Computer Equipment<$SOOO IT 30,000 30,000
ICT7 Computer Equipment<$SOOO F 18,000 18,000 -
ICT8 Computer Equipment<$5000 CM 8,000 8,000
ICT9 Computer Equipment<$5000 CS 89,6SO 89,650
-
Icno Computer Equipment<$5000 CD 18,000 18,000
ICTll Computer Equipment CC 3,000 3,000
$ 2,660,850 $ 2,011,050 $ 649,800
Totals -
-
-
Capital Improvement Program 2010-2015
Page 40
-
-
City of Aventura
-
PROPOSED PROJECTS
1 - PD
Police Computers Systems < $5000
2010/11 $188,000 2011/12 $125,000 2012/13 $134,000
2013/14 $125,000 2014/15 $125,400
This project consists of purchasing computer equipment and software that utilizes the
latest technology for the Police Department.
2010/11 Upgrades $25,000
Replace 25 Mobile Laptops 50,000
- 20 Desktop Computers 24,000
Vehicle Modems 6,000
Replace 9 Computers for EOC 13,000
- Replace 2 Servers 10,000
10 Vehicle Printers 10,000
Replace AS400 50,000
-
2011/12 Upgrades $25,000
Replace 25 Mobile Laptops 50,000
20 Desktop Computers 24,000
Vehicle Modems 6,000
Replace 2 Servers 10,000
- 10 Vehicle Printers 10,000
2012/13 Upgrades $25,000
Replace 20 Mobile Laptops 50,000
20 Desktop Computers 24,000
Vehicle Modems 6,000
- Replace 2 Servers 10,000
10 Vehicle Printers 10,000
3 Toughbooks (K-9) 9,000
2013/14 Upgrades $25,000
Replace 25 Mobile Laptops 50,000
20 Desktop Computers 24,000
Vehicle Modems 6,000
Replace 2 Servers 1 0,000
10 Vehicle Printers 10,000
2014/15 Upgrades $15,000
Replace 25 Mobile Laptops 50,000
20 Desktop Computers 24,000
Vehicle Modems 6,000
Capital Improvement Program 2010-2015 Page 41
-
-
City of Aventura
-
Replace 2 Servers
20 Vehicle Printers
10,000
20,400
-
2 -IT
Central Management Information System> $5000
2010/11 $90,000 2011/12 $95,000 2012/13 $100,000
2013/14 $105,000 2014/15 $140,000
-
-
This project consists of purchasing new and replacement computer hardware and
software that utilize the latest technology for the City's general information management
system, which is used by all City Departments.
2010/11
2011/12
2012/13
2012/13
2013/14
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
Video System Solution
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
Upgrade Phone System
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
Equipment for Redundant Site
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
Upgrade Phone System
Softwa re/Licenses/U pg rad es
Servers/ Security/UPS/Switches
AS 400 Upgrades
-
$25,000
45,000
20,000
$20,000
65,000
5,000
5,000
$20,000
60,000
5,000
15,000
$20,000
70,000
5,000
10,000
$20,000
70,000
50,000
-
-
-
-
-
-
-
-
3-PD
Radios and E911 System
2010/11 $126,000 2011/12 $106,000 2012/13 $181,000
2013/14 $96,000 2014/15 $108,000
-
-
This project consists of purchasing equipment to establish and maintain an 800 Mhz
police radio system to improve communications and purchase new radios for projected
additional personnel in the Police Department, replace radios that may become
-
Capital Improvement Program 2010-2015
-
Page 42
-
-
City of Aventura
-
damaged or become inoperative during the five-year period and maintain the E911
system.
2010/11
-
2011/12
-
2012/13
-
2013/14
-
2014/15
-
5 Handheld & 10 Mobile Radios
800 Mhz Radio System Upgrades
Replace E911 Server
E911 System Upgrades
5 Handheld & 10 Mobile Radios
800 Mhz Radio System Upgrades
E911 System Upgrades
5 Handheld & 10 Mobile Radios
800 Mhz Radio System Upgrades
E911 System Upgrades
Replace CSD Servers
E911 System Upgrades
800 Mhz Radio System Upgrades
5 Handheld & 10 Mobile Radios
E911 System Upgrades
800 Mhz Radio System Upgrades
5 Handheld & 10 Mobile Radios
$56,000
30,000
25,000
15,000
$56,000
35,000
15,000
$61,000
30,000
50,000
40,000
15,000
20,000
61,000
15,000
30,000
63,000
------------------------------------------------------------------------------------------------------------------------_._-
4-ACES
Computer Equipment < $5,000
- 2010/11 $104,800 2011/12 $80,500 2012/13 $71,500
2013/14 $99,000 2014/15 $86,000
This project consists of the regular replacement of the computers, laptops, servers and
network infrastructure at the Aventura City of Excellence School.
2010/11 Replace 80 Computers/Laptops 88,000
Purchase 12 New Computers 16,800
2011/12 Replace 70 Computers/Laptops 77,000
Replace Color Laser Printer 3,500
2012/13 Replace 65 Computers/Laptops 71,500
2013/14 Replace 90 Computers/laptops 99,000
-
2014/15 Replace 75 Computers/Laptops 82,500
Replace Color Laser Printer 3,500
-
Capital Improvement Program 2010-2015 Page 43
-
-
City of Aventura
-
-------------------------------------------------------------------------------------------------------------._------------
5 - ACES
Computer Equipment> $5000
2010/10 $103,000 2011/12 $10,000 2012/13 $20,000
2013/14 $30,000 2014/15 $45,000
-
-
This project consists of the regular replacement of the computers and network
infrastructure at the Aventura City of Excellence School that exceeds $5,000.
2010/11
Replace Network Switches and Routers
16 New Smartboards
2011/12
Replace Network Switches and Routers
2012/13
Replace Network Switches and Routers
Replace 2 Servers
2013/14
Replace Network Switches and Routers
Replace 5 Smartboards
2014/15
Replace Network Switches and Routers
Phone system Upgrade
Replace 5 Smartboards
-
10,000
93,000
10,000
10,000
10,000
10,000
20,000
10,000
15,000
20,000
-
-
-
-
-
. . .
-------------.-.-.---.-------------.---.---------------.-.-----------------------------------------------------.---------.-
6 -IT
Computer Equipment < $5000
2010/11 $6,000 2011/12 $6,000
2013/14 $6,000 2014/15 $6,000
2012/13 $6,000
-
-
This project includes the replacement of existing equipment for the various employees
of the department.
7-F
Computer Equipment < $5000
2010/11 $6,000 2011/12 $2,000
2013/14 $2,000 2014/15 $6,000
2012/13 $2,000
-
-
-
This project includes the replacement of existing equipment for the various employees
of the department.
-
-----------------------------------------------------------------------------------------------------------.---------------
8-CM
Computer Equipment < $5000
-
Capital Improvement Program 2010-2015
Page 44
-
-
City of Aventura
2010/11 $2,000
2011/12 $4,000
2013/14 $2,000
-
This project consists of upgrading computer equipment in the Office of the City
Manager.
-
---------------------------------------------------------------------------------------------------------------------------
9-CS
- Computer Equipment < $5000
2010/11 $17,700 2011/12 $23,400 2012/13 $11,000
2013/14 $12,100 2014/15 $25,400
This project consists of purchasing and upgrading computer equipment in the
Community Services Department and Community Recreation Center.
-
2010/11 8 CRC Computers $10,400
4 Computers 4,000
- Upgrade GIS Software 2,000
1 Laptop Computers 1,300
- 2011/12 4 Computers and ID Printer $8,000
8 CRC Computers 10,400
Upgrade GIS Software 2,000
- Replace CRC Server 3,000
2012/13 5 Computers and ID Printer $9,000
- Upgrade GIS Software 2,000
2013/14 4 Computers $4,000
- 1 Laptop Computers 1,300
1 Plotter 6,000
Replace Scanner 800
2014/15 Upgrade Visitor ID System 5,000
8 CRC Computers $10,400
- 4 Computers 4,000
Replace 1 ID Printer 4,000
Upgrade GIS Software 2,000
-
---------------------------------------------------------------------------------------------------------------------------
-
10 - CD
Computer Equipment < $5000
2010/11 $3,000 2011/12 $3,500
2013/14 $4,100 2014/15 $3,600
2012/13 $3,800
-
Capital Improvement Program 2010-2015
Page 45
-
-
City of Aventura
-
This project consists of computer upgrades, replacement printers and the
implementation of field computers for code compliance and building inspections for the
Community Development Department.
-
2010/11
Replace 3 Computers
$3,000
$3,000
500
-
2011/12
Replace 3 Computers
Replace 1 Small Forms Printer
-
2012/13
Replace 3 Computers
Replace Desktop Scanner
$3,000
800
-
2013/14
Replace 3 computers
Replace 1 Laserjet Printers
Replace 1 Small Forms Printer
$3,000
600
500
-
2014/15
Replace 3 Computers
Replace 1 Laserjet Printers
$3,000
600
-
-
11 - CC
Computer Equipment < $5000
2011/12 $3,000
-
This project consists of upgrading and replacing computer equipment in the City Clerk's
Office.
-
-
-
-
-
-
-
-
Capital Improvement Program 2010-2015
Page 46
-
City of Aventura
CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS
-
-
This section includes projects relating to Capital Equipment Purchases and
Replacements for all operating departments. There are a total of 7 projects totaling
$3,012,751.
-
Policies
-
The City's investment in capital equipment purchases and replacements is based on the
following policies:
Goal: Provide capital equipment that will meet the needs of all departments in
order to maintain the efficiency and productivity of providing municipal services to the
City's residents.
. Replace all present equipment that is required when they become unusable, unsafe
or when maintenance costs outweigh the total cost of replacement.
-
. Develop and maintain an "Equipment Evaluation and Replacement Guide" to
determine replacement schedules and costs.
. Purchase more economical, fuel efficient and multi-functional vehicles.
. Purchase new equipment that will increase productivity and reduce personnel and
maintenance costs.
. Maintain all City assets at a level adequate to protect the City's capital investment
and to minimize future maintenance and replacement costs.
-
Proposed Capital Eauipment Purchase And Replacement
-
Most projects outlined in the 2010/11 to 2014/15 Capital Improvement Program are
either pertaining to vehicles or operational equipment. Detailed project descriptions and
a funding schedule follow. The CIP guidelines provide that capital equipment shall be
defined as having a useful life of more than one year and a value of $5,000 or more.
Equipment that has a value of $5,000 or less is also included in this document for
budgetary purpose.
-
Fundina Plan
Funding for the proposed Capital Equipment Purchase and Replacement Projects will
be provided by annual appropriations from the General Fund:
-
-
Capital Improvement Program 2010-2015
Page 47
-
City of Aventura
-
-
TABLE 1
PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT
PROJECTS SCHEDULED FOR 2010/11 - 2014/15
SUMMARY BY YEAR
-
-
CEl Vehicle Purchase & Replacements PD 388,000 470,000 414,000 379,100 435,000 2,086,100
CE2 Equipment Purchase and Replacement>5000 PD 150,000 97,471 63,000 64,890 97,890 473,251
CE3 Equipment Purchase and Replacement<5000 PD 37,000 25,500 -
49,300 16,400 28,700 156,900
CE4 Equipment Purchase and Replacement>5000 CS 33,500 20,000 6,000 58,000 28,000 145,500
CE5 Equipment Purchase and Replacement<5000 CS 3,500 2,500 2,000 2,500 19,500 30,000
-
CE6 Equipment Purchase and Replacement>5000 ACC 100,000 100,000
CE7 Equipment Purchase and Replacement>5000 CD 21,000 21,000
Totals $ 712,000 $ 615,471 $ 534,300 $ 520,890 $ 630,090 $ 3,012,751 -
TABLE 2
PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPLACEMENT -
PROJECTS SCHEDULED FOR 2010/11 - 2014/15
FUNDING PLAN
-
CEl Vehicle Purchase & Replacements PD 2,086,100 2,086,100
-
CE2 Equipment Purchase and Replacement>5000 PD 473,251 473,251
CE3 Equipment Purchase and Replacement<5000 PD 156,900 156,900
CE4 Equipment Purchase and Replacement>5000 CS 145,500 145,500 -
CE5 Equipment Purchase and Replacement<5000 CS 30,000 30,000
CE6 Equipment Purchase and Replacement>5000 ACC 100,000 100,000
-
CE7 Equipment Purchase and Replacement>5000 CD 21,000 21,000
Totals 3,012,751 3,012,751
-
-
-
-
-
Capital Improvement Program 2010-2015
Page 48
-
-
City of Aventura
PROPOSED PROJECTS
1 - PD
Vehicle Purchase & Replacements
2010/11 $388,000 2011/12 $470,000 2012/13 $414,100
2013/14 $379,100 2014/15 $435,000
-
This project consists of purchasing police vehicles to accommodate new employee
additions and establish a vehicle replacement program in the Police Department.
-
2010/11 Replace 12 Patrol Vehicles $351,000
Replace Special Services SUV 37,000
-
2011/12 Replace 12 Patrol Vehicles $365,000
Replace Prisoner Van 40,000
Replace Fleet Truck 25,000
Replace Crime Prevention Van 30,000
Replace Crime Prevention Trailer 10,000
2012/13 Replace 12 Patrol Vehicles $379,100
Replace Crime Scene Van 35,000
-
2013/14 Replace 11 Patrol Vehicles $349,100
Replace Traffic Truck 30,000
2014/15 Replace 12 Patrol Vehicles $380,000
Replace (2) K-9 Vehicles 55,000
-
_.----_._~-------_....------_._-------_._-------_._------------------------------------------------.-----------.-----------.-
2-PD
Equipment Purchase and Replacement> $5000
2010/11 $150,000 2011/12 $97,471 2011/12 $63,000
2012/13 $64,890 2013/14 $97,890
This project consists of purchasing equipment for the Police Department. The following
is a breakdown of the items to be replaced:
2010/11 10 Vehicle Equipment $60,000
Replace 1 Message Boards 11,000
- Replace 2 Boat Engines 60,000
Replace K-9 11,000
Segway 8,000
-
2011/12 10 Vehicle Equipment $60,471
Replace 1 Message Boards 11,000
-
Capital Improvement Program 2010-2015 Page 49
-
-
City of Aventura
-
Prisoner Vehicle Equipment 20,000
K-9 Vehicle Equipment 6,000
2012/13 11 Vehicle Equipment $63,000
2013/14 10 Vehicle Equipment $64,890
2014/15 11 Vehicle Equipment $69,890
K-9 Vehicle Equipment 15,000
Replace K-9 13,000
-
-
-
-
-------------------------------------.---------------------------------------------------------------------------------._--
3-PD
Equipment Purchase and Replacement < $5000 -
2010/11 $37,900 2011/12 $25,500 2012/13 $49,300
2013/14 $16,400 2014/15 $28,700
-
2010/11 Replace 10 Ballistic Vests $8,000
2 Radar Units 3,000
2 Lasar Units 8,000 -
7 Tasers 7,700
Replace 5 Glock Firearms 4,000
Replace Dive Team Equipment 3,200 -
Replace 2 Bikes 2,000
10 Gas Mask for SWAT 2,000
-
2011/12 Replace 10 Ballistic Vests $8,500
Replace Dive Team Equipment 3,200
Replace 2 Bikes 2,000 -
7 Tasers 7,800
Crime Scene Van Equipment 4,000
-
2012/13 Replace 10 Ballistic Vests $8,500
2 Radar Units 3,500
2 Lasar Units 9,000 -
7 Tasers 7,900
Replace SWAT Vests 18,000
Replace Dive Team Equipment 2,400 -
2013/14 Replace 10 Ballistic Vests $8,500
7 Tasers 7,900
-
2014/15 Replace 10 Ballistic Vests $9,000
2 Radar Units 3,700
2 Lasar Units 8,100 -
7 Tasers 7,900
-
Capital Improvement Program 2010-2015 Page 50
-
City of Aventura
-
---.-----------------------------------------------------------------------------------------------------------.-----------
4-CS
Equipment Purchase and Replacement> $5,000
2010/11 $33,500 2011/12 $20,000 2012/13 $6,000
2013/14 $58,000 2014/15 $28,000
-
This project consists of the replacement of equipment that has become inefficient,
defective, or unusable and to add new equipment to provide improved services in the
Community Services Department. The following is a breakdown of the items to be
purchased:
-
-
2010/11
-
2011/12
2012/13
-
2013/14
-
2014/15
Pickup Truck $21,500
Replace 2 Treadmill 12,000
Replace Service Cart $9,000
Replace 1 Treadmill 6,000
Replace 2 Exercise Bikes 5,000
Replace 1 Treadmill $6,000
Replace 2 Vehicles $58,000
Replace 2 Electric Cars $18,000
Replace 2 Ellipticals 10,000
~._._._._._._._._-_._-_._._._._._._._._._.-._._._._._.-----------------------------------------------------------------.---
5-CS
Equipment Purchase and Replacement < $5,000
2010/11 $3,500 2011/12$2,500 2012/13$2,000
2013/14 $2,500 2014/15 $19,500
This project consists of the replacement of equipment that has become inefficient,
defective, or unusable in the Community Recreation Center. The following is a
breakdown of the items to be replaced:
2010/11 Replace 40 Chairs $3,500
2011/12 Replace 1 Recumbent Bicycle $2,500
2012/13 Replace 12 Tables $2,000
2013/14 Replace 1 Recumbent Bicycle $2,500
2014/15 Replace 40 Chairs $3,500
Replace A V Equipment 10,000
Replace Lobby Furniture 6,000
Capital Improvement Program 2010-2015 Page 51
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City of Aventura
-
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6-ACC
Equipment Purchase and Replacement> $5,000
2010/11 $100,000
-
This project consists of purchasing the startup equipment for the Arts &Cultural Center:
-
---------------------------------------------------------------------------------------.-------------------------------._--
7-CD
Equipment Purchase and Replacement> $5,000
2014/15 $21,000
-
This project consists of the addition of equipment or the replacement of equipment that
has become inefficient, defective, or unusable in the Community Development
Department. The following is a breakdown of the items to be replaced:
-
-
2014/15
Pickup Truck
$21,000
-----------------.---------------------------------------------------------------------------------------------------------
-
-
-
-
-
-
-
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Capital Improvement Program 2010-2015
Page 52
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City of Aventura
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Capital Improvement Program 2010-2015
Page 53
"""'--
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. MESA. who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF A VENTURA - REVISED PUBLIC NOTICE
OF PROPOSED ORDINANCE
in the XXXX Court,
was published in said newspaper in the issues of
06/25/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing' vertisem t for ublication in the said
news
25 day of JUNE
,AD. 2010
~ 7J;2
(SEAL)
-r
M. MESA personally known to me
~....."I Pv:
.,.0 \. ~~
~~~~
~or f\.C
Notary Public State of Florida
Cheryl H Marme
My Commission 00793490
Expires 07/1812012
"\~c?f~
I REVISED
I CITY OF A VENTURA
IpUBLlC NOTICE OF PROPOSED ORDINANCE
INOTICE IS HEREBY GIVEN that on Tuesday, the'6th day of July, 2010,
at a meetin9 of the City Commission of the City of Aventura to be held at
6 p.m. in the Commission Chamber of the Aventura Government Center,
19200 West Country Club Drive, Aventura, Florida, the City Commission
will consider the adoption of the following Ordinance on second reading,
entitled:
'IAN ORDINANCE OF THE CITY OF AVENTURA AMENDING PROVISIONS
OF THE POLICE OFFICERS' RETIREMENT PlAN REQUIRED BY LAWS
OF FLORIDA CHAPTER NO. 2009-97 PROVIDING FOR INCREASED
,TERMS FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN
~INCREASED CAP ON INTERNATIONAL INVESTMENTS UP TO
t1WENTY-FIVE PERCENT; PROVIDING FOR COMPLIANCE WITH THE
rPROTECTING FLORIDA'S INVESTMENTS ACT; PROVIDING FOR
!COMPLlANCE WITH PROVISION OF THE UNIFORMED SERVICES
IEMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; PROVIDING FOR
.CHANGING OF JOINT SURVIVOR ANNUITY AFTER RETIREMENT
IUp TO 1WO TIMES WITHOUT PRIOR APPOVAL; PROVIDING FOR
FULL FUNDING UPON TERMINATION OF THE RETIREMENT
\PLAN; PROVIDING FOR AUTHORITY TO DIRECT PAYMENT FROM'
RETIREMENT BENEFIT OF CERTAIN INSURANCE PREMIUMS;
.PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;,
rROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE. I
, I
jrhe proposed Ordinance may be inspected by the public at the Office of
the City Clerk, 19200 West Country Club Drive, Aventura, Florida.
Interested parties may appear at the Public Hearing and be heard with,
~espectto the proposed Ordinance, Any person wishing to address the,
pity Commission on any,item at this Public Hearing may do so after the
Mayor opens the public hearing.
I . I
In accordance with the Americans with Disabilities Act of 1990, alii
persons who are disabled and who need special accommodations to;
participate in this proceeding because of that disability should contact thel
Office of the City Clerk, 305-466-8901, not later than two business days
prior to such proceedings. I
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that person
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.
6/25__.
Teresa M. Soroka, MMC City Clerk
1 0;,.4~25DI.1QQ!,-292M
/
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF A VENTURA - ORDINANCE MEETING JULY 6, 2010 - ORD,
AMENDING PROVISIONS OF POLICE OFFICERS' RETIREMENT PLAN
in the XXXX Court,
was published in said newspaper in the issues of
06/02/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin this ' t for publication in the said
pape.
Sworn to and subscribed before me this
02 day of JUNE
,A.D. 2010
~m~-"
(SEAL)
MARIA MESA personally known to me
~'\;~". ~1,I1-, NQiir. Y Pvb!iC'StE!f;> o~ Florida
. t, Gl1iiryl Ii M;lf'O/:
~ if My Commls.~'Cin Ot; 7!:i349v
"", Or "r::'" Expires 07/16/201:2
I
-I
I
CITY OF A VENTURA
PUBLIC NOTICE OF
PROPOSED ORDINANCE
INOTICE IS HEREBY GIVEN that on Tuesday, the 6th day.of July, 2010,
at a meeting of the City Commission of the City of Aventura to be held at
6 p.m. in the Commission Chamber of the Aventura Government Center,
.19200 West Country Club Drive, Aventura, Florida, the City Commission
~Will consider the adoption of the following Ordinance on second reading,
lentitled:
I AN ORDINANCE OF THE CITY OF AVENTURA AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT
PLAN REQUIRED BY LAWS OF FLORIDA CHAPTER
NO. 2009-97 PROVIDING FOR INCREASED TERMS
FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN
INCREASED CAP ON INTERNATIONAL INvESTMENTS
UP TO TWENTY-FIVE PERCENT; PROVIDING FOR
COMPLIANCE WITH THE PROTECTING FLORIDA'S
INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH
PROVISION OF THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT; PROVIDING FOR
PURCHASE OF PRIOR MILITARY AND POLICE SERVICE;
PROVIDING FOR CHANGING OF JOINT SURVIVOR
ANNUITY AFTER RETIREMENT UP TO TWO TIMES WITH-
OUT PRIOR APPOVAL; PROVIDING FOR FULL FUNDING
UPON TERMINATION OF THE RETIREMENT PLAN;
PROVIDING FOR AUTHORITY TO DIRECT PAYMENT FROM
RETIREMENT BENEFIT OF CERTAIN INSURANCE.
PREMIUMS; PROVIDING FOR A REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING .FOR CODIFICATION;
I PROVIDING FOR ~N EFFECTIVE DATE:
.
The proposed 9rdinance may be inspected by the public at the Office of
,the City. Clerk, 19200 West Country Club Drive, Aventura, Florida.
,Interested parties may appear at the Public Hearing and be heard with
respect to the proposed Ordinance. Any person wishing to address the I
City Commission on any item at this Public /;jearing may do so after the
Mayo! o~ens ttie public hearing. I
In accordance with the Americans with Disabilities Act of 1990. alii
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 305-466-8901, not later than two business I
days prior to such proceedings.
llf ~ person decides tO,appeal any decision made by the Ci;y Commission
,with, respect to any matter considered at a meeting or hearing, thatl
'person 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 fhe appeal is to
be based, . '
f'o/?_
Teresa M. Soroka, MMC City Clerk
1 0-4-W/1488491 M
~
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PREZ, who on oath says that he or she is the
LE~AL CLER~, L~gal Notices of the Miami Daily Business
Review f/k/a ~Iaml Review, a daily (except Saturday, Sunday
and Legal H?lIdays) newspaper, published at Miami in Miami-Dade
Co.unty, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
MEETING 7/6/2010
in the XXXX Court,
was published in said newspaper in the issues of
06/23/2010
Affi~nt f~rther says that the said Miami Daily Business
Review IS a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays) ,
and has been entered as second class mail matter at the post
offi~e in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached c~py of a?vertisement; and affiant further says that he or
she h~s neither paid nor promised any person, firm or corporation
any dlsc,ount, ,rebate, ~ommission or refund for the purpose
of securing this advertisement for publication in the said
oew,pa1J. ~~~
re me this ~
(SEAL)
V. PREZ personally known to me
f'P..~~.i~'f~~{"
~~'='-.' 1 E*~
"").!=~....'Ci ....
I "',Rfll~~\'"
-.
MARIA I. MESA 0= t
MY COMMISSION # DD 750170 ~
EXPIRES: March 4, 2012
Bonded Thru Notary Public Under","!.,s
---
---
CITY OF A VENTURA
. - PUBLIC NOTICE
Notice is herebYiliven of the City of Aventura'sintent to consider on fir.st!
~reading at the.City Commission meeting of Tuesday, July 6, 2010 at
6:00 p.m. at the City of Aventura Government Center, 19200 West
Country Club Drive, Aventura, Florida, 33180, and to again consider!
,'on second and final hearing at the City Commission meeting of Tuesday,:
September 7, 2010 at 6:00 p.m. at the City of Aventura Government'
Center, 19200 West Country Club Drive, Aventura Florida, 33180, an
lamendment to the Development Agreement dated September 2, 20031
ibetween Merco Group at Aventura Landings I, Inc., Merco Group at
IAventura Landings II, Inc. and Merco Group at Aventura Landings III,
llnc. and the City of Aventura. The location of the land subject to thei
proposed development agreement is that certain parcel located at the.
Inorthwest, southeast and southwest corners of the intersection of NE 28
Court and the current and future NE 185 Street in the City of Aventura.
The legal description of the land is as follows: .
'Tracts A, B, C, D, E, F and G'and Lots 1 to'62 inclusive, according to the
~Plat ihereof recorded in Plat Book 166, Page 58, of the Public Records of
Miami-Dade County, Florida, City of Aventura, all lying at the intersection
· of NE 28 Court and NE 185 Street in the City of Aventura .
The Development Agreement,' approved by the City Commission on
September 2, 2003, relates to a proposed residential. project' to be
rconstructed under the City's RMF4 zoning district regulations, with 62
Itownhome units, 205 condominium unitS and 138 i6ft-style apartmeni
lunits, for a total of 405 residential units, The approved De. velopmentl
IAgreement provides that the maximum height of the Townhome Parcel is
3 stories or 35 feet; the maximum height of the Condominium Parcel is
118 stories or 186'6"; and the maximum height of the Lofts Parcel is 13
stories or 206'10". The total floor area ratio will not exceed the maximum'
,2,0. floor area ratio allowed in the RMF4 zoning district. An amended
Development AQreement was approved by the City Commission on'
October 5~2004 to increase the height of the Condominium Parcel froml
18 stories to 19 stories, while maintaining the overall height of 186'6". J
The proposed amendment to the approved Development Agreement will
lextend the term of the Agreement from February 2, 2010 to August 2,
2012 and will add a provision that the Transportation 'Mitigation lJ'!Ipact
'Fee enacted by City Ordinance No. 2008-08, amended by Ordinances
Nos. 2009-04 and 2009-08, wil] apply to the two undeveloped parcels,
those being, the Condominium Parcel and the Lofts Parcel. In all other
respects, the approved Development Agreement will remain unchanged..
.A copy of the proposed amended Development Agreement is availablej
from the Office of the City Clerk, 19200 West Country Club Drive,
Aventura, Florida. .
I ,0
, Teresa M. Soroka, MMC, City Clerk
.61.23 1 0-4-23.8/1504093M~
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4A I THURSDAY, JUNE 24, 2010
. ~ 'J'1If..~.."A
.,
M"mIHerald.com I THE1;'I~R;.!D , 20~
STAY AHEAD WITH THE MIAMI HERALD AND OUR MEDIA PARTNERS
NEWS AT 11 P.M" AI SUnshine shows how a gadget
called the EZ-Cracker works at cracklng eggs
TOPICAL CURRENTS, 1 P.M.: Down syndrome CBS€Q
and 'My Great Story,' plus Linda Gassenheimer.
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.5:
THE OPPENHEIMER REPORT
THE AMERICAS
Santos could take Colombia to next level
Keep an eye on Colombia!
After Sunday's landslide
victory of president -elect
Juan Manuel Santos, Colombia
could follow the steps o(Brazil,
Chile and Peru, and become
South America's next economic
success story.
Granted, many things can go
wrong, including a resurgence of
Marxist guerrilla violence and a
new round of tensions with
neighboring Venezuela and
Ecuador. But wellMplaced Colom.
bia watchers cite four major rea.
sons why Colombia could take
off under Santos.
First, Santos, who most
recently served as outgoing Pres--
ideot Alvaro Uribe's minister of
defense, won with nearly 70 per-
cent of the vote, and 2 million
votes more than what Uribe got
in his la."It election. That will give
Santos a solid majority in Con~
gress, which will allow him to
woo investments with guaran~
tees of economic continuity and
embark on ambitious (""Ilergy,
health and education refonns.
Colombia is already the
fourth.largest recipient of(or~
eign investment in Latin Amer--
ica - after Brazil, Chile and
_WATCH 'OPPENHEIMER PRESENTA'
AT 8 P.M. FRIDAYS ON YE-ME TV, AND
7 P.M. SUNDAYS ON GENTY, CH. 8.
Mexico, according to a recent
United Nations report. Many
economists think Santos may be
able to meet his campaign vow to
achieve a 6 percent growth rate
within two years because his
focus will be on the economy.
Unlike Uribe, a lawyer by pro-
ression, Santos is an economist
who graduated {rom the Univer~
sity of Kansas and the London
School of Economics. He started
his government career as minis.-
ter of foreign trade and was later
finance minister. Not surpris.
ingly, his first appointment was
that of his flnance minister.des.
ignate, Juan Carlos Echeverry.
Second, Santos may have a
better chance than Uribe of get.
ting the U.S. Congress to ratify
the free tra~ agreement that
was signed by fonner President
.\IHJrt'S
()Plwnlwimt'r
ij{)iJI.)l!ntl~:I'Wr.,~
t~,,,'n:I"e1~;U':CfT\
George W. Bush and Uribt! in
2006. Democrats in the U.S. Con-
gress have refused to ratify the
deal because of concerns over
human rights violations against
trade unionists in Colombia,
"Santos will get along better
with the Democrats because he
doesn't have a history [oftcn.
sions] with obama and Clintoo,"
rormer Colombian President
Cesar Gaviria told me this weelt
But U.S. congressional sources
caution that the Democratic
majority in Congress will not
submit the treaty to a vote before
November's u.s. congressional
elections, and what happens
thereafter may depend on the
outcome of the vote.
LESS POLARIZATION
Third, Santos has a less con.
frontational personality than
Uribe, and may be more likely to
ease tensions both at home and
with Colombia's neighbors,
many observers say.
"Tht.'tc is already a new cli.
mate of less polarization in the
country," C'raviria said. "People
feel that the new government
won't be constantly fighting with
non-govemment organizations
.m;w~~,~
CALL TODAY TOLL FREE
1-866-924-1936
14780 BlSCAYNE BLVD. (U8.1),. No MiAMI BEACH
.Iua12 MinuWa SOulh 01"'__...... Mall
OR SHOP ONLINE 2411 AT PRESTtGEAUDLMIAMI.COM
a CITYp~:C'~:T~~RA
Public Notice is hereby given that the City of Aventura local
Planning Agency wi. meet in a public hearing on Tuesday, July
6, 2010 at 6:00 p.m. to make a recommendation regarding the
adoption of the fotlowing Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN AMENDMENT
TO THE DEVELOPMENT AGREEMENT
PURSUANT TO CHAPTER 163, F,S" DATED
SEPTEMBER ~ 2003 AND AMENDED
DECEMBER 29, 2004, MADE BETWEEN MERCO
GROUP AT AVENTURA lANDINGS I, II AND III,
INC. AS DEVB.QPERAND THE CI1Y OF AVENTURA
TO EXTEND THE T9IM OF THE AGREEMENT
FROM FBRUARY 2, 2010 TO AllGUST 2, 2012
AND TO ADD APPUCABJUTY OF THE CITY'S
TRANSPORTATION MmGATION IMPACT FeE
TO DEVElOPMENT Of THE CONDOMINIUM AND
LOFTS PARCELS, RElATING TO THE PARCE:LS
OF lAND mNED RMF4, MULTIFAMILY HJGH
DENSITY RESIDENTIAl. DISTRICT, LOCATED
ON NE 185 STREET AT NE 2B COURT, CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER
TO EXEClITE THE AGREEMENT ON BEHALF OF
THE CI1Y; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFecTIVE DATE.
Immediately following the Local Planning Agency meeting, the
City Commission of the City of AV8fItura, as the governing body,
will consider, at a public hearing, first reading of the Ordinance
and w~l again consider the above described Ordinance for
adoption after second reading on Tuesday, September 7,2010
at 6:00 p.m
The Public Hearings will De held in the City Commission
Chamber at City of Aventura Government Center, 19200
West Country Club Drive, Aventura, Florida, 33180, The
proposed Ordinance may be inspected by the public atthe Office
of the City Clerk at the above address. Interested parties may
appear at the Public Hearings and be heard with respect to the
proposed Ordinance.
In accordancewilh theAmericanswith DisabilitiesJldof 1990, all
personswhoare disabled and whoneed special accommodations
to participate in this proceeding because of that disability should
contact the Office of the City Clerk, (305) 466-8901, not later
than two business days prior to such proceedings.
If a peroon decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
or hearing, that person 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.
Teresa M. Soroka, MMe, City Clerk
. Rama'sSpecIaIOffer*
. 100% Financing
III;,;.. ::~]t
1ND6'8lIlBfTCONlllAC'fl)r
iiTE;;;o.oo
.~ 305-262-1121
.,~~ (DADE)
C"0431B2'~::r..:t.'ci:..~da,....
~ CITY OF AVENTURA
~ NOTICE OF HEARING OF
LOCAL PLANNING AGENCY AND
NOTICE OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT
REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura local Planning
Agency will meet in a public hearing on Tuesday, July 6, 2010
at 6:00 p.m. to consider a motion recommending adoption of
the following Ordinance:
AN ORDINANCE DF THE CITY OF AVENTURA,
FLORIDA, AMEIlDlNG SECTION 31-145(b)
"TOWN CENTER DISTRICT (TC1)" OF THE
CITY'S LANIl DEVELOPMENT REGULATIONS TO
REVISE THE UST OF PERMITTEO USES IN THE
DISTRICT; PROVIOING FOR SEVERA8lUTY;
PROVIDING FOR INCLUSION IN THE COIlE;
PROVIDING FOR AN EFfECTIVE DATE,
Immediately following the local Planning Agency meeting,
the City Commission of the City of Aventura, as the governing
body, will consider at a public hearing, as first reading,
adoptioo of the above described Ordinance and will again
consider adoption of the above described Ordinance, as
second and final reading, at a publiC hearing 00 Tuesday,
September 7,201 0 at 6:00 p.m.
The above described Public Hearings will be held in the City
CommiSSion Chamber at City of Aventura Government Center,
19200 West COuntry Club Drive, Aventura, Florida, 33180.
The proposed Ordinance may be inspected by the public at
the Office of the City Clerk, 19200 West COuntry Club Drive,
Aventura, Florida. Interested parties may appear at the
Public Hearings and be heard with respect to the proposed
Ordinance.
In accordance with the Americans with Disabilities Act of
1990, all persons who are disabled and who need special
accommodatioos to participate in this proceeding because
of that disability should contact the OffIce of the City Clerk,
(305) 466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the
City COmmissioo, as Local Planning Agency or as the
governing body, with respect to any matter considered at
a meeting or hearing, that person 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 testimooy and evidence upon which the appeal
is to be based.
Teresa M, Soroka, MMC, C~ Clerk
like human rights groups,like
Uribe did. And Santos will not
allow himself to be isolated
internationally, like Uribe did."
Fourth, Santos vowed in his
victory speech to fight impunity
of human rights abusers, and to
improve presidential ties with
the justice system, which may
improve Colombia's human
rights situation.
'A PRAGMATIST'
Jose Miguel Vivanco, head of
Latin American affairs of the
Human Rights Watch monitor.
ing group and one of the most
prominent critics o{Uribe's
hullUlIl rights record, told me
that "Santos is a pragmatist,
which means that if he gets the
right signals from the interna~
tional community on the human
rights issue, he is more likely to
respond positively than the out~
going president."
Vivancoadded, however, that
there are concerns in the human
rights community over Santos'
campaign vows to allow the mili-
tary to prosecute its members on
human rights violations, and to
subordinate the attorney gener-
al's office to the presidential
office.
My opinion: I'm not buying
the conventional wisdom in
Colombia that Santos will be
able to improve ties with Vene-
zuelan President Hugo ChaVe'"L
The Venezuelan president
needs a permanent confrontation
with Colombia in order to divert
attention from worsening eco<-
nomic problems at home, and to
justify his increasingly authori-
tarian rule. Also, Santos told me
in a recent interview that he and
Chavez "are like water and oil."
and these two elements don't
mix no matter how hard you try
to bring them togetht..'1".
But 1 think there is an at least
even chance that Santos may
take Colombia to the next level,
taking advantage of the eco-
nomic stability he inherited, his
huge mandate in the poUs, and
his focus on the economy. Ifhe
does reasonably well, Colombia
may be the next rising star in the
region.
a~com/
Andres Oppenheimer will reply 10
e~mall" at his column's comments
section each week.
LATIN AND CARIBBEAN BRIEFS
. CUBA
Release of dissident
pleases United States
From Miar>ll HE-rala Wire Services
HAVANA - The U.S. is applauding the release of a
human-rights activist, but says he should not have been
jailed tor 11 months while he waited {or his day in court.
Darsi Ferrer was rOund guilty Tuesday OiPUTChasing
black.markt..'t cement and released on time served
Supporters say Ferrer was targeted for his political
views and punished for a crime that Cuban authorities
often overlook.
U.S. State Department spokesman P.J. Crowley told
reporters Wednesday in Washington that the U.S. con-
siders Ferrer's release a positive development.
Crowley added, "We hope that the Cuban government
will continue to take measures demonstrating the
increased respect for human rights and. fundamental
freedoms."
. BRAZIL
FLOOD WIPES A WAY TOWN: DOZENS DEAD
RIO DE JANEIRO - Torrential waters tlattened a
small town as floods raged through two states in north-
eastern Brazil and the death toll was expected to surpass
44 as rescuers searched for hWldreds of people reported
missing.
Mayor Ana Lopes said the entire town ofBranquinha,
population 12,000. will have to be rebuilt in a different
location.
Television footage showed a train station washed
away, its tracks ripped from the earth. Cars lay over-
turned and. suewn along a riverbank. Dazed people wan-
dered about streets littered with couches. chairs and.
mountains of mud.
A humble Roman Catholic Church with a rose-
colored iacade was one of the few buildings to survive -
but it was surrounded by the rubble of nearby homes.
Stonns last week dumped a month's worth of rain on
parts of Alagoas and neighboring Pernambuco state, near
the point where Brazil juts farthest east into the Atlantic.
. VENEZUELA
CHAvEZ RESHAPES CABINET
CARACAS - President Hugo Chavez shuftled his
Cabinet as his government grapples with numerous
domestic ills and his governing party prepares for crucial
congressional ejections.
Nine top ranking officials were appointed. Most oftbe
outgoing C..abinet members have been selected as niling
party candidates iot September's vote and are some of
the socialist leader's closest collaborators, including
Diosdado Cabello, Erika Faria, Hector Navarro, and Luis
Reyes.
Francisco Garces Da Silva, formerly the director of
Venezuela's seismological agency, will replace Cabello
as the minister of transportation and communication.
while Isis Ochoa replaces Faria as the minister of com.
munes and social protection.
. U.S. VIRGIN ISLANDS
COUPLE IMPRISONED FOR IMPORTING CORAL
CHARLOTI'E AMALIE - A Taiwanese couple in the
UB. Virgin Islands has received what the Justice Depart-
ment said are the longest prison sentences ever issw...>d
for illegal coral trade.
Ivan Chu was sentenced to 30 months in prison while
Gloria Chu was sentenced to 20 months. Each will also
have to pay a $12.500 fine.
The couple pleaded guihy in March to illegally
importing more than $194,000 worth ofproteeted black
coral to a company in St. Thomas from 2007 to 2009,
The U.S. Justice Department said in a statement that
the couple used to have export permits but could not:
obtain them as 01'2007 because they did not have a certif-
icate oi origin for the coral.