07-19-2012City CommissionCitvManager
Susan Gottlieb, Mayor City of Eric M. Soroka, ICMA -CM
Bob Diamond City Clerlr
Bo �iannond Teresa M. Soroka, MMC
Billy Joel
Teri Holzberg ``: CityAttorney
Michael Stern Weiss Scrota Helfrnan
o, rn••
]Luz fhbaez Weinberg ]Pastoriza Cole & Boniske
AGENDA
JULY 199 2012 9 AM
Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL
2. OVERVIEW AND REVIEW OF PROPOSED BUDGET
A. GENERAL FUND
• REVENUES
• GENERAL GOVERNMENT DEPARTMENTS (CITY
COMMISSION, OFFICE OF THE CITY MANAGER, LEGAL,
CITY CLERK, FINANCE, & INFORMATION
TECHNOLOGY)
• PUBLIC SAFETY DEPARTMENT
• COMMUNITY DEVELOPMENT DEPARTMENT
• COMMUNITY SERVICES DEPARTMENT
• ARTS & CULTURAL CENTER DEPARTMENT
• NON - DEPARTMENTAL
• CAPITAL OUTLAY
B. MOTION TO ADOPT RESOLUTION TO ESTABLISH
TENTATIVE MILLAGE RATE:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED
MILLAGE RATE FOR THE 2012/13 FISCAL YEAR;
PROVIDING FOR THE DATE, TIME AND PLACE OF THE
PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE
RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN
EFFECTIVE DATE.
July 19, 2012 Caamissim Mm*
C. POLICE EDUCATION FUND
D. TRANSPORTATION AND STREET MAINTENANCE FUND
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND
F. PARK DEVELOPMENT FUND
G. 911 FUND
H. DEBT SERVICE FUND
I. STORMWATER UTILITY FUND
J. POLICE OFF -DUTY SERVICES FUND
3. ORDINANCE — SECOND READING: PUBLIC HEARING
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY OF
AVENTURA CHARTER SCHOOL BOARD OF DIRECTORS:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -05,
WHICH ORDINANCE ADOPTED A CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY
OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2012/2013 (JULY 1 —
JUNE 30) BY REVISING THE 2012/2013 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
4. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI -DADE COUNTY AND ALL
CO- PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000003 -003 PROVIDING
FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI -
DADE COUNTY, AND ALSO BETWEEN ALL CO- PERMITTES
PROVIDING FOR IDENTIFICATION AND CONTROL OF
POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE
STORM SEWER SYSTEMS; AUTHORIZING THE CITY MANAGER
6
July 19, 2012 Camis m Moadng
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
5. ADJOURNMENT
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, 305466 -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 and may participate at the meeting. 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 of the 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.
3
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City nage
DATE: July 10, 2012
SUBJECT: Resolution Establishing Proposed Mi#age Rate 2012/13 Fiscal Year
July 19, 2012 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt a millage rate of 1.7261 for fiscal
year 2012/13. This rate includes no increase. This will generate $12,300,495 based on
an assessed value of $7,501,239,017. This is $345,349 more than the previous year. In
light of the economic times our residents and businesses are experiencing the decision
was made to hold our millage rate to the previous year.
BACKGROUND
Attached hereto is a Resolution that establishes the proposed millage rate for the
2012/13 fiscal year and public hearing dates. State statutes require the City to establish
a tentative millage rate and the first public hearing date that will be transmitted to the
County Property Appraisal Department. The County Property Appraiser issues a notice
to all property owners in the City. The notice includes the proposed tax rates and public
hearing dates for all government agencies imposing ad valorem taxes.
A detail discussion of the requirements for setting the millage rate is contained in the
memorandum attached hereto from our Finance Director.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A PROPOSED
MILLAGE RATE FOR THE 2012/2013 FISCAL YEAR;
PROVIDING FOR THE DATE, TIME AND PLACE OF THE
PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE
RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 200, Florida Statutes, Determination of Millage, sets forth
the procedures that must be followed in establishing a millage rate and adopting an
annual- budget; and
WHEREAS, the Miami Dade County Property Appraiser has certified the taxable
value_ of .property within the City. of Aventura, as required by Chapter...200,: Section
200.065(1) and Chapter 193, Section 193.023, Florida Statutes; and
WHEREAS, pursuant to - Chapter 200, Section 200.065(2)(b), the City of
Aventura is required to establish its proposed millage rate and the date, time and place
that the public hearing will be held to consider the proposed millage rate and tentative
budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2012 -
Page 2
Section 1. The following is hereby established as the proposed millage rate for
the 2012/2013 fiscal year: 1.7261 per $1,000.00 of taxable assessed value.
Section 2. September 11, 2012 is hereby established as the date for a public
hearing on the tentative budget and proposed millage rate, to be held at 6 p.m. at the
Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida.
Section 3. The City Clerk be and is hereby authorized and directed to place all
necessary advertisements in accordance with Chapter 200, Florida Statutes, the Truth
in Millage (TRIM) Bill.
Section 4. 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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2012 -
Page 3
PASSED AND ADOPTED this 19th day of July, 2012.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: jEric M. Soroka, City Manager, ICMA -CM
FROM: Brian K. Raducci, Finance Director
DATE: July 10, 2012
SUBJECT: Certification of Taxable Value /Public Hearing Dates
DR -420 Certification of Taxable Value and Millage Rates
On June 29, 2012, we received the 2012 Certification of Taxable Value — DR -420 (the
"form" included as Exhibit 1) from the Miami -Dade County Office of the Property
Appraiser. On line 4 of the form, the City's taxable value of $7,501,239,017 is reported.
This value is approximately $46M higher than the estimated $7,455,000,000 that was
tentatively reported to us on June 1, 2012 and approximately $211M or 2.89% higher
than the $7,290,634,319 which was reported to us last year at the same time.
The DR -420 includes a breakdown of the change in taxable value into two (2)
segments. The first segment is the $42,239,563 increase in taxable value due to new
construction (line 5 of the form). The second segment is the change which is due to a
moderate increase in taxable value on existing property, which appears to indicate that
we may turned the corner toward recovery. This increase of $469,270,063 (6.71%) is
computed by subtracting the $6,989,729,391 (line 7) from the 7,458,999,454 (line 6) of
the form.
The purpose of the form is for a taxing authority to calculate its "rolled -back rate."
Section 200.065 (1) of the Florida Statutes, defines the rolled -back rate as that millage
rate "which, exclusive of new construction, additions to structures, deletions, increases
in the value of improvements that have undergone a substantial rehabilitation ....., will
provide the same ad valorem tax revenue for each taxing authority as was levied during
the prior year ......"
The City's rolled -back rate for 2012 (FY 2012/13) is 1.6175 (line 16) of the form and is
lower than the City's current millage rate of 1.7261. This rate is important because if we
levy any rate above the 1.6175 rolled back rate, the City will be required to place a
quarter page ad in the newspaper before the second public hearing on the budget and
tax rate in September which is titled "NOTICE OF PROPOSED TAX INCREASE" and
would also be required to include the statement that the proposed rate exceeds the
rolled back rate by 6.71 % in the ordinance adopting the millage rate which will be read
at the two public hearings in September.
DR- 420MM -P Maximum Millage Levy Calculation Preliminary Disclosure
In addition, we must prepare the DR- 420MM -P (Exhibit II) to determine what other
millage rates the City could adopt and by what level of Commission approval. For
example:
A.) Majority Vote (4 of 7 Commissioners) — a millage rate of 2.1704 mills (line 13
of the DR- 420MM -P) could be adopted
B.) Two - thirds Vote (5 of 7 Commissioners) — a millage rate of 2.3874 mills (line
14 of the DR- 420MM -P) could be adopted
Based on the current national, state and local economic conditions, the decision was
made to hold our proposed millage rate to 1.7261 mills and has thus been utilized in
preparing our FY 2012/13 Budget. This rate will require a majority vote of the City
Commission to adopt. After a 5% reduction to cover early payment discounts of up to
4 %, plus 1% for uncollectibility, the proposed millage rate will generate the $12,300,495
of ad valorem taxes reflected on page 2 -10 of the budget document. You will note that
this amount is $345,349 more than the $11,955,146 budgeted last year based on the
same rate of 1.7261 mills. By comparison, if the roll -back rate were adopted (1.6175),
the City would generate $11,526,592 in ad valorem taxes a difference of $773,903
($12,300,495 — $11,526,592).
Public Hearing Dates
Since we received the certification on June 29, state law requires us to hold two (2)
public hearings between September 3`d and October 8th. The County Commission's first
and second public hearings are scheduled for September 6th and September 20th
respectively and the School Board's second public hearing is scheduled for September
5th. Our public hearing meeting dates cannot conflict with either the County
Commission or School Board public hearing meeting dates. In addition, Labor Day is
September 3`d, our regular Commission meeting is September 4th and Rosh Hashanah
begins at Sundown on September 16th. Therefore, the most logical dates for our
hearings are:
First public hearing 6:00 P.M., Tuesday, September 11th
Second public hearing 6:00 P.M., Wednesday, September 19th
Since we need to include the date of the first meeting on the Certification of Taxable
Value, we need to have a commitment from the Mayor and Commission by no later than
the July 19th budget review meeting.
The information contained in the preceding paragraphs is based on my review of the
Florida Department of Revenue's Manual of Instructions for TRIM Compliance and has
been reviewed by the Department of Revenue to ensure statutory compliance. Please
let me know if you any questions or comments pertaining to this memorandum.
2
Exhibit I
Reset For Print Form
DR -420
� CERTIFICATION OF TAXABLE VALUE R.5/12
Rule 12D- 16.002
DEPARTME\T Florida Administrative Code
OF REVENUE Provisional
Year: 2012
County: MIAMI -DADE
Principal Authority:
CITY OF AVENTURA
Taxing Authority:
CITY OF AVENTURA
SECTION I : COMPLETED BY PROPERTY APPRAISER
1.
Current year taxable value of real property for operating purposes
$ 7,284,735,550
(1)
2.
Current year taxable value of personal property for operating purposes
$ 215,236,991
(2)
3.
Current year taxable value of centrally assessed property for operating purposes
$ 1,266,476
(3)
4.
Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)
$ 7,501,239,017
(4)
5.
Current year net new taxable value (Add new construction, additions, rehabilitative
improvements increasing assessed value by at least 100 %, annexations, and tangible
personal property value over 115% of the previous year's value. Subtract deletions.)
$ 42,239,563
(5)
6.
Current year adjusted taxable value (Line 4 minus Line 5)
$ 7,458,999,454
(6)
7.
Prior year FINAL gross taxable value from prior year applicable Form DR -403 series
$ 6,989,729,391
(7)
8'
Does the taxing authority include tax increment financing areas? If yes, enter number
of worksheets (DR- 420TIF) attached. If none, enter 0
YES
NO
Number
0
(8)
9.
Does the taxing authority levy a voted debt service millage or a millage voted for 2
years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of
DR- 420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0
YES
NO
Number
0
(9)
Property Appraiser Certification
I certify the taxable values above are correct to the best of my knowledge.
SIGN
HERE
Signature of Property Appraiser :
Electronically Certified by Property Appraiser on 6/29/2012 2:03 PM
Date
SECTION II : COMPLETED BY TAXING AUTHORITY
If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and
possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0 -.
10.
Prior year operating millage levy (If prior year millage was adjusted then use adjusted
millage from Form DR -422)
1.7261 per $1,000
(10)
11.
Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000)
$ 12,064,972
(11)
12
Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a
dedicated increment value (Sum of either Lines 6c or Line 70 for all DR-420TIF forms)
$ 0
(12)
13.
Adjusted prior year ad valorem proceeds (Line 11 minus Line 12)
$ 12,064,972
(13)
14.
Dedicated increment value, if any (Sum of either Line 6b or tine 7e for all DR- 420TIFforms)
$ 0
(14)
15.
Adjusted current year taxable value (Line 6 minus Line 14)
$ 7,458,999,454
(15)
16.
Current year rolled -back rate (Line 13 divided by Line 15, multiplied by 1,000)
1.6175 per $1000
(16)
17.
Current year proposed operating millage rate
1.7261 per $1000
(17)
18
Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided
by 1,000)
12,947,889
$
(18)
Continued on page 2
DR -420
R. 5/12
Page 2
Instructions on page 3
F] County E] independent Special District
TYPE of principal authority (check one)
(19)
19.
✓❑ Municipality ❑ Water Management District
Applicable taxing authority (check one) ❑ Principal Authority El Dependent Special District
20.
(20)
❑ MSTU ❑ Water Management District Basin
21.
Is millage levied in more than one county? (check one) ❑ Yes No
(21)
N` lkl a ��i ,
�'E
i
22 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all
dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420
$ 12,064,972
(22)
forms)
23•
Current year aggregate rolled -back rate (Line 22 divided by Line 15, multiplied by 1,000)
1.6175 per $1,000
(23)
24.
Current year aggregate rolled -back taxes (Line 4 multiplied by Line 23, divided by 1,000)
$ 12,133,254
(24)
Enter total of all operating ad valorem taxes proposed to be levied by the principal
25•
taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all
$ 12,947,889
(25)
DR -420 forms)
26
Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied
1.7261 per $1,000
(26)
by 1,000)
Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by
%
(27)
27
Line 23, minus 1, multiplied by 100)
6.71
First public
Date :
Time:
Place:
budget hearing
9/11/2012
6:00 PM
19200 W. Country Club Drive
Aventura, FL 33180 Phone: (305) 466 -8920
1 certify the millages and rates are correct to the best of my knowledge.
Taxing Authority Certification
The millages comply with the provisions of s. 200.065 and the provisions of
either s. 200.071 or s. 200.081, F.S.
5
Signature of Chief Administrative Officer :
Date
G
N
Title :
Contact Name and Contact Title:
BRIAN K. RADUCCI, FINANCE DIRECTOR
H
ERIC M. SOROKA, CITY MANAGER
E
Mailing Address:
Physical Address
R
19200 W. COUNTRY CLUB DRIVE
19200 W. COUNTRY CLUB DRIVE
E
City, State, Zip:
Phone Number:
Fax Number
AVENTURA, FL 33180
(305) 466 -8920
(305) 466 -8939
Instructions on page 3
Exhibit II
Reset For Print Form
MAXIMUM MILLAGE LEVY CALCULATION DR- 420MM -P
R. 5/12
PRELIMINARY DISCLOSURE Rule 12D-16.002
DEPARTASEN7 For municipal governments, counties, and special districts Florida Administrative Code
Of REVENUE p 9 p Provisional
Year: 2012
County: MIAMI -DADE
Principal Authority :
CITY OF AVENTURA
Taxing Authority:
CITY OF AVENTURA
1'
Is your taxing authority a municipality or independent special district that has levied ad
valorem taxes for less than 5 years?
❑ Yes
IZ No 1
(1)
IF YES, STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation.
2. Current year rolled -back rate from Current Year Form DR -420, Line 16
1.6175 per $1,000 (2)
3. Prior year maximum millage rate with a majority vote from 2011 Form DR- 420MM, Line 13
2.2170 per $1,000 (3)
4. Prior year operating millage rate from Current Year Form DR- 42+0, Line 10
1.7261 per $1,000 (4)
,,t~c »due Lute
Adjust rolled -back rate based on prior year majority -vote maximum millage rate
5.
Prior year final gross taxable value from Current Year Form DR -420, Line 7
$ 6,989,729,391
(5)
6
Prior year maximum ad valorem proceeds with majority vote
(Line 3 multiplied by Line 5 divided by 1,000)
$ 15,496,230
(6)
7
Amount, if any, paid or applied in prior year as a consequence of an obligation
measured by a dedicated increment value from Current Year Form DR -420 Line 12
$ 0
(7)
8.
Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7)
$ 15,496,230
(8)
9.
Adjusted current year taxable value from Current Year form DR -420 Line 15
$ 7,458,999,454
(9)
10.
Adjusted current year rolled -back rate (Line 8 divided by Line 9, multiplied by 1,000)
2.0775 per $1,000
(10)
Cakulate maximum millage levy
11.
Rolled -back rate to be used for maximum millage levy calculation
(Enter Line 10 if adjusted or else enter Line 2)
2.0775 per $1,000
(11)
12.
Change in per capita Florida personal income (See Line 12 Instructions)
1.0447
(12)
13.
Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12)
2.1704 per $1,000
(13)
14.
Two- thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10)
2.3874 per $1,000
(14)
15.
Current year proposed millage rate
1.7261 per $1,000
(15)
16.
Minimum vote required to levy proposed millage: (Check one)
(16)
✓❑a. Majority vote of the governing body: Check here, if Line 15 is less than or equal to Line 13. The maximum millage rate is equal
to the majority vote maximum rate. Enter Line 13 on Line 17.
❑ b. Two - thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The
maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17.
❑ c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14.
The maximum millage rate is equal to the proposed rate. Enter tine 15 on Line 17.
❑ d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17.
17
The selection on Line 16 allows a maximum millage rate of
(Enter rate indicated by choice on Line 16)
2.1704 per $1,000
(17)
18.
Current year gross taxable value from Current Year Form DR -420, Line 4
$ 7,501,239,017
(18)
Continued on page 2
Taxing Authority:
DR- 420MM -P
R. 2
CITY OF AVENTURA
Page 2
19. Current year proposed taxes (Line 15 multiplied by Line 18, divided by 1,000)
$ 12,947,889
(19)
Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided by
$
(20)
20
1,000)
16,280,689
# PENl ltlT f� t I DI TRI T AN� ���
Enter the current year proposed taxes of all dependent special districts & MSTUs levying
$
(21)
21
a millage. (The sum ofall Lines 19 from each district's Form DR- 420MM)
0
22.
Total current year proposed taxes (Line 19 plus Line 21)
$ 12,947,889
(22)
Total Maximum Taxes
Enter the taxes at the maximum millage of all dependent special districts & MSTUs
$
23
( )
23.
levying a millage (The sum of all Lines 20 from each district's Form DR- 420MM)
0
24.
Total taxes at maximum millage rate (Line 20 plus line 23)
$ 16,280,689
(24)
Total Maximum Versus Total Taxes Levied
25
Are total current year proposed taxes on Line 22 equal to or less than total taxes at the
❑ YES NO
(25)
maximum millage rate on Line 24? (Check one)
I certify the millages and rates are correct to the best of my knowledge. The millages
Taxing Authority Certification
comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s.
S
200.081, F.S.
J
Signature of Chief Administrative Officer:
Date
G
N
Title:
Contact Name and Contact Title:
H
ERIC M. SOROKA, CITY MANAGER
BRIAN K. RADUCCI, FINANCE DIRECTOR
E
R
Mailing Address:
Physical Address:
E
19200 W. COUNTRY CLUB DRIVE
19200 W. COUNTRY CLUB DRIVE
City, State, Zip:
Phone Number:
Fax Number:
AVENTURA, FL 33180
(305) 466 -8920
(305) 466 -8939
Complete and submit this form DR- 420MM -P, Maximum Millage Levy Calculation- Preliminary Disclosure, to
your property appraiser with the form DR -420, Certification of Taxable Value.
Instructions on page 3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM: Eric M. Soroka, ICMA
DATE: June 14, 2012
er
SUBJECT: Ordinance Amending 2012113 Charter School Fund Budget
1St Reading July 10, 2012 City Commission Meeting Agenda Item tl-L
2nd Reading July 19, 2012 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance
amending the 2012/13 Charter School Fund Budget incorporating the School
Administration re- organization plan outlined at the June Workshop Meeting.
BACKGROUND
As discussed at the Workshop Meeting, the vacancy in the Vice Principal position that
recently occurred at the Charter School provided the opportunity for the Principal to
review the organization of the school administration.
The Principal is recommending that the following position reclassifications:
• Reclassify the Dean of Curriculum position to Assistant Principal. The position
will be a City employee.
• Reclassify the Dean of Discipline & Operations position to Assistant Principal.
The position will be a City employee.
• Reclassify the Vice Principal position to Dean of Academics. The position will be
a CSUSA employee.
The reorganization will result in a savings of $15,000 and maximizes the leadership
team's ability to support a seamless K -8 instructional program.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
ORDINANCE NO. 2012 -07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2012 -05, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2012/2013 (JULY 1 — JUNE
30) BY REVISING THE 2012/2013 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura City of Excellence School and upon the recommendations of the City
Manager (and the concurrence of the Finance Director as to Accounting Principles), it is
deemed necessary to adjust, amend and implement the 2012/2013 Operating and
Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A"
attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2012 -05, which Ordinance adopted a budget for the 2012/2013 fiscal
"` year for the Aventura City of Excellence School by revising the 2012/2013 budget as
Ordinance No. 2012 -07
Page 2
set forth on the attached Exhibit "A ", which exhibit is deemed incorporated by reference .
as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
2
Ordinance No. 2012 -07
Page 3
PASSED AND ADOPTED on first reading this 10th day of July, 2012.
PASSED AND ADOPTED on second reading this 19th day of July, 2012.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
9
SUSAN GOTTLIEB, MAYOR
Exhibit A
Budget Amendment
Position Reclassifications
Pos. No.
From
To
7300 -002
Vice Principal
Dean of Academics
5102 -040
Dean of Discipline & Operations
Assistant Principal
5101 -042
Dean of Curriculum
Assistant Principal
2011112
2012113
Function
Job Class Full Time Part Time Full Time
Part Time
5101
Teacher 31.00
- 31.00
-
Para- Professionals -
7.00 -
7.00
Reading Specialist 1.00
1.00
Instructional Counselor 1.00
1.00
Assistant Principal 1.00
1.00
Aide 1.00
1.00
5102
Teacher 39.00
- 40.00
-
Assistant Principal 1.00
1.00
Aide 1.00
1.00
5250
Teacher 2.00
- 2.00
-
Dean of Student Services 1.00
1.00
5901
Substitute Teacher 1.00
- 1.00
-
6200
Media Specialist 1.00
1.00 1.00
1.00
7300
Principal 1.00
- 1.00
-
Dean of Academics 1.00
1.00
Business Manager 1.00
- 1.00
-
Administrative Secretary 1.00
- 1.00
-
%ceptionist 2.00
- 2.00
- -
Registrar /Compliance 1.00
1.00
Computer Network/Tech 1.00
1.00
7900
Janitor 1.00
1.00
9102
PIT After School Counselor 1
5.00
5.00
PIT After School Counselor 11
1.00
1.00
CITY OF "ENTURA
COMMUNITY SERVICES DEPARTMENT
TO: City Commission
FROM: Eric M. Soroka, ICM
BY: Robert M. Sherman,
DATE: July 13, 2012
MEMORANDUM
A -CM, Ci ana er
Direc or Com unity Services
SUBJECT: Approval of National Pollutant Discharge Elimination System
(NPDES) Permit No. FL S000003 -003 Interlocal Agreement between
Miami -Dade County and the City of Aventura
July 19, 2012 City Commission Meeting Agenda Item q
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the Interlocal Agreement between Miami -Dade County and
other municipalities concerning storm sewer system monitoring and reporting activities
in accordance with the attached City Engineer's recommendation.
This Agreement is for a five year term at an annual cost of $11,826 which will be funded
from the Stormwater Utility Fund. This is an annual reduction of $2,574 from the
current Agreement that expires this year.
Please feel free to contact the City Manager if you have any questions.
Attachments
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI -DADE COUNTY AND ALL CO-
PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000003 -003 PROVIDING FOR
PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI -DADE
COUNTY, AND ALSO BETWEEN ALL CO- PERMITTES PROVIDING
FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES
IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING 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
Interlocal Agreement by and between the City and Miami -Dade County and all Co-
Permittees named in National Pollutant Discharge Elimination System (NPDES) Permit
No. FLS000003 -003 providing for identification and control of pollutant discharges in
shared municipal separate storm sewer systems within the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary 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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez- Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2012 -
Page 2
PASSED AND ADOPTED this 19th day of July, 2012.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
INTERLOCAL AGREEMENT BETWEEN ALL CO-
PERMITTEES NAMED IN NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT NO.
FLS000003 -003 AND MIAMI -DADE COUNTY PROVIDING
FOR PERFORMANCE OF PROFESSIONAL SERVICES BY
MIAMI -DADE COUNTY, AND ALSO BETWEEN ALL CO-
PERMITTEES PROVIDING FOR IDENTIFICATION AND
CONTROL OF POLLUTANT DISCHARGES IN SHARED
MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO
NEGOTIATE AND EXECUTE CHANGES TO THE
SELECTION OF ACTIVITY PARTICIPATION BY CO-
PERMITTEES
This Interlocal Agreement ( "Agreement ") is made and entered into by, and between, all CO- PERMITTEES
named in Florida Department of Environmental Protection Permit Number FLS000003 -003, Authorization to
Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for
identification and control of discharges from any and all Municipal Separate Storm Sewer Systems (MS4s) that
may be shared by any of the parties to this Agreement, as required by the State of Florida Department of
Environmental Protection (hereinafter referred to as DEP) pursuant to Section 403.0885, Florida Statutes, and
DEP Rule 62 -624, Florida Administrative Code, and the Environmental Protection Agency (hereinafter
referred to as the "EPA ") National Pollutant Discharge Elimination System (hereinafter referred to as
"NPDES ") Permit Regulations for Storm Water Discharges Final Rule (hereinafter referred to as "NPDES
Final Rule "). This Agreement further provides for the professional services required to accomplish the tasks set
forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed by
Miami -Dade County on behalf of both the CO- PERMITTEES and MIAMI -DADE COUNTY. This
Agreement also provides for the negotiation and execution of changes to the selection of activity participation
by CO- PERMITTEES.
Section I
Definitions
For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this document, including any written amendments thereto, and other written
documents or parts thereof which are expressly incorporated herein by reference.
CO- PERMITTEE or CO- PERMITTEES shall mean the following municipalities and agencies named in
NPDES Permit No. FLS000003 -003 as CO- PERMITTEES: City of Aventura, Bal Harbour Village, Town of
Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, Town of
Golden Beach, City of Hialeah Gardens, City of Homestead, Indian Creek Village, Village of Key Biscayne,
Town of Medley, City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami
Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach,
City of Opa- locks, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles
Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department of
Transportation (FDOT) District VI, Florida Department of Transportation (FDOT) Turnpike Enterprise,
Miami -Dade Expressway Authority (MDX), and Miami -Dade County.
COUNTY shall mean Miami -Dade County
FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane,
flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or
restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably
be expected to have a material adverse effect on the rights or obligations under this Agreement.
MS4 shall mean municipal separate storm sewer system, as set forth in 44C.F.R.122.26.
In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES
Final Rule 40 CFR Parts 122, 123 and 124.
Section II
Term of Agreement
This Agreement shall become effective, and supersede the current interlocal agreement, on October 1, 2012.
This Agreement shall expire on September 30, 2017, or until a replacement interlocal agreement is executed,
whichever is later.
Section III
Scope of Work
The parties hereto agree that the EPA is requiring as part of the NPDES MS4 Operating Permit the sampling,
monitoring, and analysis of a variety of storm sewer systems throughout Miami -Dade County. The parties
hereby agree that the water monitoring annual costs (Activity 1) attributable to this operating permit shall be
shared by those CO- PERMITTEES who elect to participate in this Activity, and the costs shall be based on a
percentage rate obtained by dividing the number of outfalls which drain to United States bodies of water
existing in the geographical boundaries of each CO- PERMITTEE by the total number of outfalls existing
within the geographic boundaries of all CO- PERMITTEES.
The parties further agree that the best management practices (BMP) (Activity 2) and basin management action
plan (BMAP /WTW) (Activity 3) costs attributable to this operating permit shall be shared by those CO-
PERMITTEES who elect to participate in these Activities, and the costs shall be based on a percentage rate
obtained by dividing the roadway MS4 drainage area existing in the geographical boundaries of each CO-
PERMITTEE by the total roadway MS4 drainage area existing within the geographic boundaries of all CO-
PERMITTEES. These costs are included in Attachment "A" of this Agreement.
Furthermore, 40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements, making
each NPDES CO- PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES
CO- PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO-
PERMITTEES and the COUNTY and between all of the CO- PERMITTEES with respect to shared
responsibilities in the identification and control of discharges from one MS4 to another.
Section IV
COUNTY's Obligations
1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and
sampling activities as required in Miami -Dade County's NPDES MS4 Operating Permit.
2
2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the
exception of permits and approvals required by CO- PERMITTEES, if any, which shall be obtained by the
respective CO- PERMITTEE), which are required to perform activities under the NPDES MS4 Operating
Permit.
3. Report The COUNTY shall provide the CO- PERMITTEES with a report, on an annual basis, with the
results of the monitoring and sampling activities required under the NPDES Operating Permit.
4. Notice of COUNTY Meetine The COUNTY shall provide the CO- PERMITTEES with oral or written
notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status
with the NPDES MS4 Operating Permit.
Section V
CO- PERMITTEES' Obligations
1. Prevention of Theft of COUNTY Equipment The CO- PERMITTEES shall take reasonable steps to
prevent theft or vandalism of COUNTY equipment located within the CO- PERMITTEE'S geographic
boundary. The CO- PERMITTEES agree that such equipment may be placed within each CO-
PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling
and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit.
2. Compensation Each CO- PERMITTEE will reimburse the COUNTY for costs of activities performed
over the preceding fiscal year in accordance with Attachment "A ", and as specified in the Execution in
Counterparts form for that fiscal year. The COUNTY will bill each CO- PERMITTEE annually, within
six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year.
Payment by the CO- PERMITTEE is to be made not later than forty -five (45) days after the bill
presentation. Failure to pay the agreed -upon costs to the COUNTY in accordance with this Agreement
shall be deemed default by the CO- PERMITTEE that fails to pay pursuant to this Agreement. The
expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and
paid by the CO- PERMITTEES during the following fiscal year.
3. Access The CO- PERMITTEES shall provide the COUNTY with reasonable access at all times as
necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems
which may be located within the CO- PERMITTEE'S geographic boundary.
Section VI
Indemnification
The CO- PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the CO- PERMITTEE or its employees, agents,
servants, partners, principals or subcontractors. The CO- PERMITTEE shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements
3
and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the
extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute
whereby the CO- PERMITTEE shall not be held liable to pay a personal injury or property damage claim or
judgement by any one person which exceeds the sum of $200,000, or any claim or judgement or portions
thereof, which, when totaled with all other claims or judgement paid by the CO- PERMITTEE arising out of
the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO-
PERMITTEE, provided further that any CO- PERMITTEE's liability hereunder shall be based on that CO-
PERMITEE's performance of this Agreement only, and no CO- PERMITTEE shall be liable for
indemnification based on another CO- PERMITTEE's performance of this Agreement.
The COUNTY shall indemnify and hold harmless the CO- PERMITTEE and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the CO- PERMITTEE or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating
to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants,
partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith
and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO-
PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements and
attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent
and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the
COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one
person which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when totaled
with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence,
exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the COUNTY.
Section VII
County Event of Default
Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in
accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of
Default ".
If a COUNTY event of default should occur, the CO- PERMITTEE shall have all of the following rights and
remedies which it may exercise singly or in combination:
1. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are
terminated, effective upon such date as is designated by the CO- PERMITTEE;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
4
Section VIII
Co- Permittee Event of Default
Without limitation, the failure by the CO- PERMITTEE to substantially fulfill any of its material obligations
in accordance with this Agreement, unless justified by Force Majeure, shall constitute a " CO- PERMITTEE
Event of Default ".
If a CO- PERMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and
remedies which it may exercise singularly or in combination:
1. The right to declare that this Agreement together with all rights granted to CO- PERMITTEE hereunder
are terminated, effective upon such date as is designated by the COUNTY;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
Section IX
General Provisions
1. Authorization to Represent the CO- PERMITTEE in NPDES MS4 Operating Permit The CO-
PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: the activities
under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and
BMAP portions under the NPDES MS4 Operating Permit.
2. Attendance at COUNTY Permit Review Meetings. The CO- PERMITTEE may, but is not required
to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of
the NPDES MS4 Operating Permit.
3. Responsibility for Discharges The CO- PERMITTEES shall each be responsible for the control,
investigation of and remedial activities relating to discharges of pollutants from within their respective
MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO-
PERMITTEE, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D).
4. Identification of Discharges Both the CO- PERMITTEE whose stormwater system generates a
pollutant discharge that impacts another CO- PERMITEE'S system and the impacted CO-
PERMITTEE agree to cooperate by providing the staff and equipment necessary to identify the source
of pollutant discharges emanating from the separate storm sewer system of one CO- PERMITTEE to
the separate storm sewer system of another CO- PERMITTEE.
5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the
CO- PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the
discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The
COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If
the COUNTY discovers a discharge in the separate storm sewer system of a CO- PERMITTEE or the
COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the
affected NPDES CO- PERMITTEES. When an investigation specifically identifies a NPDES CO-
PERMITTEE as the source of a pollutant discharge, then that CO- PERMITTEE shall be responsible
for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in
accordance with applicable standards.
6. Dispute Resolution When the parties sharing a MS4 cannot agree on the source of a discharge to their
shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed
Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of
discharge, remediation, and final resolution.
7. Termination Each party may terminate that particular party's participation in this Agreement without
cause by providing sixty (60) days prior written notice of termination to the other parties to this
Agreement. CO- PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY
only in the event of termination without cause by the COUNTY, and the CO- PERNUTTEE shall then
be entitled to such reimbursement only to the extent that services providing information useful to the
NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any party, the
NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party.
8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement
incorporates and includes all prior negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein. The parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this Agreement that are
not contained in this Agreement, and that this Agreement contains the entire agreement between the
parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that any oral representations or modifications concerning this Agreement shall be of no
force or effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by the parties hereto or their representatives.
9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute
a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein.
10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be
written and personally served or mailed, registered or certified United States mail, with return receipt
requested, addressed to the parties listed in Section I of this Agreement.
11. Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute
arising over the provisions of this Agreement, the parties shall proceed with the timely performance of
their obligations during the pendency of any legal or other similar proceedings to resolve such dispute.
12. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reason of this Agreement.
13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and
conditions to be met and performed pursuant to this Agreement.
14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida and the United States. The COUNTY and the CO- PERMITTEE agree to submit
to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of
or relating to this Agreement or a breach of this Agreement. Venue for any court action between the
parties for any such controversy arising from or related to this Agreement shall be in the Eleventh
G
Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami -Dade County, Florida.
15. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in
this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the
material purposes of this Agreement can be determined and effectuated.
16. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the
party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such
right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so
waived and shall not be deemed a waiver of the same right at a later time, or of any other right under
this Agreement.
17. Number of Outfalls The COUNTY will review and adjust on an annual basis the number of outfalls
and MS4 drainage area of each CO- PERMITTEE during the month of March for each fiscal year the
Agreement is in effect. Adjustments made, if any, will be in effect for the upcoming fiscal year, to
recalculate each CO- PERMITTEE'S share of the total annual costs. CO- PERMITTEES may submit
relevant outfall information to be included in the review during a two month period, from January 1St to
February 28th of the year immediately preceding the start of the fiscal year of the intended changes. An
updated Attachment "A" shall be provided to CO- PERMITTEES annually by March 31 St for
budgetary purposes.
18. Maximum Annual Costs Each CO- PERMITTEE'S maximum (not to exceed) financial commitment
under this Agreement is shown in Attachment "A ". It should be noted that the CO- PERMITTEE's
cost share may change ( + / -) based on any changes made to the Number of Outfalls or Drainage Area
during the annual reviews. Such changes shall be reflected in an updated Attachment "A ". Actual
annual expenditures invoiced by the COUNTY for water monitoring, sampling, BMP, and BMAP
activities performed, will not exceed the CO- PERMITTEE'S total annual cost shown in Attachment
"A" for that fiscal year.
7
Execution in Counterparts
This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, THE CITY OF AVENTURA FLORIDA,
by its Commission attest, that this Agreement be executed in its name by the Manager or his designee, attested
by the Clerk or Legal Representative.
Co- Permittee selection of Activities detailed in Attachment "A ":
Activity 1 (Water Monitoring)
[X] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 2 (Best Management Practices, BMP)
[X] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 3 (Basin Management Action Plan/Walk the WBID, BMAP /WTW)
[X ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
The Co- Permittee selections shown above remain in effect for the duration of the Agreement unless otherwise
modified by the Co- Permittee. Each Co- Permittee may elect to modify their selections shown above every
fiscal year the Agreement remains in place. These modifications must be formally requested between January
I and February 28 in order to become effective for the following fiscal year and for the duration of the
Agreement unless further modifications are made by executing a new "Execution in Counterparts" form
Name of Manager (print)
Signature
Name of Clerk / Legal Representative (print)
Date
Signature Date
Execution in Counterparts
This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami -Dade County, Florida, has caused this Agreement to be executed in its
name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioners and
has caused the seal of the Board of County Commissioners to be hereto attached.
MIAMI -DADE COUNTY
Stephen P. Clark Center
111 N.W. 1 Street
Miami, FL 33128
Mayor or Mayor's Designee
HARVEY RUVIN, CLERK
Attest:
Deputy Clerk
E
Date
Date
O
LO C14; MS rMl-errr N :Nr('MMre rlrCtOLO
`f Ct i r r 0 e•-
V a 04
Z m W VM'LOOLOI,- M'OOOrNrNOr I- LO'M(OLOOreLOrOOOOCtiL000to0
CO M M M "10,v (0 0 (O' M r U) OO r: T CO CO I� LW OD OO d' 0 1- aim 0 0 LO (D I Lo M 0) O
rLOv - cy) V qq- q I-F 00LOI- MFOOOOMI -OD :000CDMOO;0ONto(IiM:M�fM40
�- L. C O , 0 MO0 :0EotoEoOi :69- NI-rFN rMr ?(0rLOMr :M Loit"1(DCtLO
O x to Eo 6), 64eN (oE 614 61, r r'r to to tf) v-: 6o V), to 64 6%:: 6";V OO:M N (0 (�
F- > A m eto 6-* 6o;: 6-k toe to:tA to rEO �A
O
Q C c
Q `
J rrrC TO' �rrrr' NC tU) OOreoOV:MOOLOCYNNrC[OOr9OCtNrCtO
N OOrNct' OOONEO (DmmmiN000NEr0r00i0000 co: rLOM 0
0
❑
z �o
Z O
Q a
(y
000 q 0) r' N (D CC) t - CO! (0 M V C0 00:: r N M LO It a LO 00 00 00 r 9 (D Lc) 0) i C1• (D 0 N
r y (OrLO0 LO: LO (DrMCt0OINMN(DOerr0)LOM'(0 (OI- LONO
L r r rM r: M NiN Nir Cj' ?LO v 00 O
N OD
LL Z
.� 0
O O
0; i0 N Ln > ❑
V D O O v-E O O_ 0 ' N E Q W
L
a a)v>•�' ooU° €gym �.V3m aiv`•�,om >Yu,(ii a)w
v.. fO C= C E a) I- y >'E = O 0 U 0 m i ... 0) r. m O a) U O
O - U 0: D)L N � � U to :� ( m m1C) Y_ m U: a) c -0 f-
R L•> cn m U` ai c c: w _ m > = - €m 3
a U L m ~ €m - m ((aate €a) >,o L) -a! a�'i �' >'E' Um> €u,�°Um m �O
V O.0 D - m Vr 16 N m F- mI L fl >` m8 m Y - ms N y; 7 m Z
L L
M:: U m Cr) J (n u) U m - _ p F-
O l0 = m N c m y ._ ._.._ ._ ._ m �� O N C w tT to ~:~ y
aci a�°�� =m��EEEEEIf t: mEa)� €ct•La >�QOXc:°
> m m O �° O - O .0 O @-0 a) .� �' -� •� O Oe O Q f0 .0 Oe > > > 0'0 0 C O
Q m m U U ❑ W 0 m M: s Y 2 2 M:� �� Z Z :Z O d d (n €(n (n � � u-il� 2� H
N w
=1 O
Ln
C N
o
(D °
� ca
o ate)
c
C
-0
0) E L
0 N
C
'Q N
G1 N
m �
E
o
0) ()
-C y
O O
o .o
� O)
m �
N
CL L
E c
m
to C
O -LO
o E
> -
O 2j
OS U
0)
C
U
m
cn a)
a)
-Op
n M E
> o a
N U
� U
N m
II a)
> > O
m
O C
`L- 0
0
ca o E
m
C CO O a)
O z a)
t5 7 E U
Q o o x
O O N
C C O
Z O
O C
m? L
Lco > a
2 M
CD C m @ O
N c C•'C
m .2)o N
0. m c ,U
C
m .o O , a)
oo w
U > U U E
@ N C 0a
a rn m U
j m O
C O - cn >
D O O
E C
CL
mv
E
E o
N CO a ._
co .Q m 0) M
II .0 - to f1
O_ O N t C
O !-
(O
m Z 3 CL
t
O
N
ti
N
co
0) 0
O
-) L
N 4
4) V
COm�Lo(0•U -
r 7
7 x Q
Q7�NLOCOr�OODm0: :- �M0'MM � �:0)000(1IL000:ONNp
r er M O
ti (
Q C
r x
(p
fl Q
Fr fi �i d3:to r
fWS
Q c
c°) c
w
y 0
+ 6
6) V d N
N rCMrir 0i rr1�0i0MrOrNd rCtrlr �:�vMO
NOr oov`r- - Orr`OOr (`Mr ~'�CtrO�'(OCOC)00P O�(Mr 00
to >
> y
y C
C"oo) Lo:r ODOO( DM6 MOrN�rOtf )0ONirNN000ODM0DCrJON000O
O
4 Q c
t�3 tr3 to v3 :� to= to to (o tosto to to to �;to to b� to t�3 €to fAito Eo y3 �
�
uJ 4
Q v
c t
F- H
H
g M
MODCt N0)' OO( O( 0ODLO' N O0M0'rM(00(M;rrCtOCD�CttONrONrO
LLJ C
Lh m
tl�la O
OIOC)CV) 0LOMCtiNr000)U)iNN00h•OiC)CV 00: OO�OSt�MNO
CL V
•> y
V x N
tii to N r eto 69 iR r : to to r M 3 r to Ifl r :r d9 r r 69 to fA 69 Lo 0 r 00 ►
►-
O t
t C
CL t
to: 6
r
❑
to Q
Q O
Or MOM1N NLOO CO! OOMC tLO M'-( OmCtM(O'OOONCt(OEr'TMN CO! COLD(0CD
} N
N y
y (
(0 --Mlq N6LOMr(OLOf,)mr-- m LOF000MNOD11- 00rr1 .- EM`cr N1,- ODi(OrMO
O
C x t
to to;to to to to to .:::6% 64 69 U346" 69 (fl fo 69 I� i N N Cr t
t0
Z> (
(p m (
(o: to i (o to r M
M
O a
a a
a V w
V m
m C
0 r
rLOONrNCD V CD OWN rOrO'r V r I- CD:f - V OI- OOMI- P-;CO rNO
rOOCtNErOOCt Lo: ONin V cn:00LOWC) -co Lo V C1.LOear0N Oir(D000
Q 0
00) 41 1
6 0 ONr0000r :000rM0C)C3CD Orr 0 :0000 r00(Orr
❑ �
1 6
Ni
� N
I
CL d
� ate+ lL0 a I
I
Q a
a 1° ❑
Lr)
O
o
a o I
Il- NO(OLO(D0ODLOC): 01-OOfl-iV -m LoNrN(oMW: WWcf)Ni00 V
a-
-
LL a
W N
NIA( OrOLt) MNLONENOI -r-C- a)MCtI�N'LOO�LOr-'tt-1�' 00- tl -�(ON;
U) �
y d (
O'c a) ODMOOMI-- I-c00LOOr1--(OOC Coif) `(O `
Nmw
�m y
Nr(Ocli NN(O :LO OCfF LD00 06 r-7V7 C6: a OrNrtt Mi(O ;
;
N w
=1 O
Ln
C N
o
(D °
� ca
o ate)
c
C
-0
0) E L
0 N
C
'Q N
G1 N
m �
E
o
0) ()
-C y
O O
o .o
� O)
m �
N
CL L
E c
m
to C
O -LO
o E
> -
O 2j
OS U
0)
C
U
m
cn a)
a)
-Op
n M E
> o a
N U
� U
N m
II a)
> > O
m
O C
`L- 0
0
ca o E
m
C CO O a)
O z a)
t5 7 E U
Q o o x
O O N
C C O
Z O
O C
m? L
Lco > a
2 M
CD C m @ O
N c C•'C
m .2)o N
0. m c ,U
C
m .o O , a)
oo w
U > U U E
@ N C 0a
a rn m U
j m O
C O - cn >
D O O
E C
CL
mv
E
E o
N CO a ._
co .Q m 0) M
II .0 - to f1
O_ O N t C
O !-
(O
m Z 3 CL
t
O
N
ti
N
co
CRAVEN 1HOAIPSON
June 27, 2012
Robert M. Sherman, CPRP
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: CHANGES TO INTERLOCAL AGREEMENT
RELATED TO NPDES MS4 PERMIT
Dear Mr. Sherman:
This is regarding the irnerlocal agreement between the City of Aventura,
Miami -Dade County and other municipalities concerning the National
Pollutant Discharge Elimination System ( NPDES) Municipal Separate
Storm Sewer Systems (MS4) Permit Number FLS000003.
Recommendation
& ASSOCIATES INC We recommend: 1) the City approve the Interlocal Agreement for 2012-
Engineers 2017, 2) the City select the "Yes, we wish to participate" box for
Planners Activities 1, 2 and 3 on the Execution in Counterparts form, and 3) the
Surveyors City share in the costs for all three activities summarized in Attachment
A since it should be the most cost- effective means of complying with the
MS4 permit requirements.
Background and Analysis
The City of Aventura maintains stormwater collection, treatment and
conveyance systems consistent with federal and state regulations related
to stormwater discharges. This past year, the City routinely cleaned and
inspected existing systems to sustain flood control and water quality
benefits to road users and adjacent property owners-
The City also participates with other municipalities and Miami -Dade
County in monitoring and reporting stormwater discharge related events
associated with its National Pollutant Discharge Elimination System
( NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit
Number FLS000003. The monitoring and reporting activities are
described in an Interlocal Agreement (IA) that expires on November 16,
3563 N.W. 53rd Street 2012.
Fort Lauderdale, FL 33309 -6311
(954) 739 -6400
Fax (954) 739 -6409
West Palm Beach
Robert M. Sherman, CPRP
RE: Changes to Interlocal Agreement
Related to NPDES MS4 Permit
Page 2
Miami -Dade County is requesting each municipality that is a co-permittee in the MS4 Permit
execute a new IA for the next 5 -year cycle. The draft IA includes new work to be performed
by Miami -Dade on behalf of the co- permittees and is scheduled to take effect on October 1,
2012. Enclosed is a summary of the substantive changes to the IA along with the costs per
fiscal year.
The new work is related to monitoring and sampling of pollutants from stormwater discharges.
Sampling is anticipated to begin in 2013 for reporting in the November 2013 MS4 permit
report update. The County has developed a cost estimate for the annual water quality
monitoring based on a pro -rated share of outfalls and drainage area and has tabulated each
municipality's expected cost in Attachment A of the IA.
The purpose of the new activities is to comply with Part VIII of the MS4 permit. The permit
states that the requirements of Part VIII "apply only to the permittee's MS4 discharges to
receiving waters with adopted or established TMDLs [Total Maximum Daily Loads] and
associated allocations. I do not believe there is an adopted TMDL for the waterbody that
receives discharges from the City of Aventura. However, the 2012 Florida Legislature passed
and the Governor signed a bill that approved numeric nutrient criteria for Biscayne Bay,
including the Northern North Basin (NNB) that includes the boundaries of, and receives
stormwater discharges from, the City of Aventura. This legislation could be the first step in
developing a TMDL for the Northern North Basin. The activities described in the draft
agreement should provide the needed data to assess whether additional measures will be
necessary to limit nutrient levels in Biscayne Bay.
The County has also presented each co- permittee with a proposal to perform mapping and
modeling services within the next 5 -year cycle. The mapping and modeling activities will not
be required in the FY 2012 -FY 2013 time period, but will be required by the current MS4
Permit in future years. The associated costs will be in addition to the costs described in the
pending interlocal agreement. The County will be submitting this proposal under a separate
interlocal agreement at a future date.
Please do not hesitate in calling me should you need additional information.
Sincerely,
CRAVEN THOMPSON & ASSOCIATES, INC.
1
Adolfo A � "Gonzalez, F E EEE)-AP
Consulting Engineer
Enclosure: Summary of Major Changes to Interlocal Agreement
Draft Interlocal Agreement
CRAVEN 1HOMPSON & ASSOCIKES INC.
Interlocal Agreement Between All Co- permittees named in National Pollutant Discharge
Elimination System Permit No. FLS000003 -003
Summary of Major Changes to Interlocal Agreement
Section III, Scope of Work: describes Activity 1 (water monitoring) and Activity 2 (best
management practices) to be conducted by Miami -Dade County in the next 5 -year cycle.
Section IV, County's Obligations, Sub - section 4: County will provide all co- permittees with
reports of sampling and monitoring results on an annual basis.
Section V, Co- permittees' Obligations, Sub - section 2: Each co- permittee to reimburse County
annually for services completed in the previous year.
Section VI, Indemnification: Changed dollar amounts for referenced judgments or claims.
Section IX, General Provisions, Sub - section 1: Updated the references to the activities
authorized to be performed by the County.
Section IX, General Provisions, Sub - section 7: Deleted reference to entitlement for
reimbursement of monies paid to the County "in the event of termination for cause by the CO-
PERMITTEE" .
Section IX, General Provisions, new Sub- section 17: Added a process for updating the
number of outfalls each fiscal year. The number of outfalls (in addition to drainage area size)
is the basis of the pro -rata cost share formula regarding the sampling and monitoring activities.
Section IX, General Provisions, new Sub - section 18: Explains how the maximum annual costs
may change each year based on updates to outfalls or the contributing drainage area within
each co- permittee's jurisdiction.
Execution in Counterparts Form: Added check boxes for each co- permittee to identify which
activities it plans to jointly share the cost with the County and other co- permittees.
New Attachment A: Describes the total and pro rata cost for the new activities to be performed
during the next 5 -year cycle. The caveat is that if a co- permittee opts out, then the co- permittee
is solely responsible for the cost of collecting, analyzing and providing any data required by
the MS4 permit conditions.
The projected not -to- exceed annual costs are subject to change each year if new permit
requirements dictate additional sampling, analysis or reporting measures. Each co- permittee
will have the option each year to continue to opt in or out of the three activities. The County
will invoice for actual services performed up to the "not to exceed" amount each year.
2007 -2012 Annual Cost for City of Aventura = $14,400.00 per current interlocal agreement
Projected 2012 -2017 Annual Cost for City of Aventura = $11,826.00 per draft interlocal agreement
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. PEREZ, 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 AVENTURA
NOTICE OF PROPOSED ORDINANCE - MEETING 6/19/12
in the XXXX Court,
was published in said newspaper in the issues of
06/18/2012
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 this advertisemen or publication in the said
newspaper. / �
Sworn to and subscribed before me this
18 day of JUNE , A.D. 2012
.00"',� �=•
(SEAL)
V. PEREZ personally known to me
,•�` " N4 Notary Public State of Florida
r Ch. l H. Mariner
0 MY Commis m DD78,UW
E*keS 07 /1J 012
r 'A
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Thursday, the 19th day of July,
2012, at a meeting of the City Commission of the City of Aventura to be
held at 9 a.m. in the Fifth Floor Conference Room at 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:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -05,
WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING
AND CAPITAL BUDGET FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL FOR FISCAL YEAR 2012/2013 (JULY 1 -
JUNE 30) BY REVISING THE 2012/2013 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
The 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
respect to the proposed Ordinance. Any person wishing to address the
City Commission on any item at this Public Hearing may do so after the
Mayor opens the public hearing.
in accordance with the Americans with Disabilities Act of 1990, all
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 days
prior to such proceedings.
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.
Teresa M. Soroka, MMC City Clerk
6/18 12- 4- 168/1902996M