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09-19-2012 2nd BudgetCity Commission Ci ty Manaet Susan Gottlieb, Mayor City of ]Eric M. Soroka, ICMA -CM Zev Auerbach City Clerk Bob Diamond ur Teresa M. Soroka, MMC Billy Joel Teri Holzberg `_` Gbt Agtorncy Michael Stern Weiss Serota Helfmnan Luz Urbaez Weinberg Pastoriza Cole & Boniske AGENDA SEPTEMSER 19, 2012 6 P Government Center 19200 West Country Club Drive Aventura, Florida 33180 CALL TO ORDER \ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING - 2012/2013 BUDGET A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 6.71% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2012 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 19, 2012, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2012/2013 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 4. 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, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards maybe 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 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. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City pager DATE: September 4, 2012 SUBJECT: Ordinance Adopting Ad Valorem Tax Rate for Fiscal Year 2012/13 1St Reading September 11, 2012 City Commission Meeting Agenda Item3 It 2 "d Reading September 19, 2012 City Commission Meeting Agenda Item Attached for your approval is an Ordinance adopting the ad valorem tax rate for fiscal year 2012/13. 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. 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. If you have any questions, please feel free to contact me. EMS /act Attachment ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 6.71% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2012 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County Property Appraiser has certified a Tax Assessment Roll for the year 2012 which includes the assessment for the City of Aventura; and WHEREAS, the City Commission and the City Manager of the City of Aventura have reviewed the 2012/2013 fiscal year budget for the various operating departments of the City and the means of financing said budget; and WHEREAS, the City Commission has considered an estimate of the necessary expenditures contemplated for the fiscal year ensuing, and has determined that the levy set forth herein below shall provide a portion of the necessary funds for said expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1. The City Commission does hereby establish and adopt the City of Aventura Ad Valorem Tax Operating Millage Levy Rate of 1.7261 mils for the 2012 tax year, or $1.7261 per thousand dollars of taxable assessed property value. Said rate is greater than the rolled back rate of 1.6175 mills by 6.71 %. Section 2. The Miami -Dade County Tax Collector is hereby directed to proceed with the collection and enforcement of the taxes levied herein as authorized by State and County law. Section 3. All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Ordinance No. 2012 - Page 2 Section 4. 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 shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. 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 PASSED AND ADOPTED on first reading this 11th day of September, 2012. 2 Ordinance No. 2012-, Page 3 PASSED AND ADOPTED on second reading this 19th day of September, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Ci ana DATE: September 4, 2012 SUBJECT: Ordinance Adopting 2012/2013 Operating and Capital Budget 1St Reading September 11, 2012 City Commission Meeting Agenda Item 316 2 "d Reading September 19, 2012 City Commission Meeting Agenda Item 3 Attached for your consideration is the adopting Ordinance and documentation for the 2012/13 Operating and Capital Budgef. The Ordinance format is similar to the one utilized to adopt the 2011/12 fiscal year. If you have any questions, please feel free to contact me. EMS /act Attachment ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 19, 2012, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2012/2013 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The tentative 2012/2013 Operating and Capital Improvement Program Budget, reviewed and approved by the City Commission on July 19, 2012, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted as the City of Aventura's final budget for the 2012/2013 fiscal year. The tentative budget adopted hereby may be amended or adjusted by a motion approved by a majority vote of the City Commission at the public hearings in accordance with State Statutes. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Ordinance No. 2012 -_ Page 2 Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The 2012/2013 Operating and Capital Outlay Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to each department for operating and capital expenses may not be increased or decreased without specific authorization by a duly- enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" included within each department budget enumerates all authorized budgeted positions for appointment by the City Manager. All personnel filling said authorized positions shall be paid pursuant to the City's Budget, Personnel Policies and /or collective bargaining agreements. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes 2 Ordinance No. 2012 -_ Page 3 for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and /or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the 2012/2013 fiscal year Budget for the City of Aventura, if the City Manager determines that an Operating Department Total or a Capital Outlay Line Item will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Resolutions as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. 1. All outstanding encumbrances for operating expenditures at September 30, 2012 shall lapse at that time; and, 2. All outstanding encumbrances for Capital Expenditures as of September 30, 2012 shall lapse at that time; and, that all unexpended Capital appropriations, including outstanding encumbrances, may be added, at the City Manager's discretion, to the corresponding 2011/2012 available balances and be simultaneously re- appropriated for capital expenditures, as previously approved in the 2011/2012 fiscal year; and, 3. It is contemplated and acknowledged that the possible addition of available Capital balances in the General Fund and other Funds and their simultaneous re- appropriation, at the City Manager's discretion, under this Section shall not be interpreted or construed as an increase in revenues available for appropriation under Section 4.07 of the City Charter or as a variation of the total budget under Section 6 of the City's Original Budget Ordinance. Ordinance No. 2012 - Page 4 Section 8. Committed Fund Balance. The Committed Fund Balance to be utilized for the Capital Reserve, as established in the 2012/2013 Budget, is $14,773,488 (effective September 30, 2012). Section 9. 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 10. 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 Urb;�ez Weinberg Vice Mayor Teri Holzberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner 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 4 who Ordinance No. 2012 - Page 5 PASSED AND ADOPTED on first reading this 11th day of September, 2012. PASSED AND ADOPTED on second reading this 19th day of September, 2012. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney 5 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 - PROPOSED ORDINANCES MEETING - SEPTEMBER 19, 2012 in the XXXX Court, was published in said newspaper in the issues of 08/08/2012 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 advertiseme for publication in the said newspaper. r __Z/ Sworn to and subscribed before me thi 08 /day -�offAAUGUST , A.D. 2012 loop— (SEAL) V. PEREZ personally known to me Y tary Public State of Florida Cheryl H Marmer My Commission EE 189528 Expires 07/18 /2016 / '�ofEx CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Wednesday, the 19th day of September, 2012, at a meeting of the City Commission of the City of Aventura to be held at 6 p.m. in the Commission Chamber at the Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, the City Commission will consider the adoption of the following Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 6.71% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2012 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 19, 2012, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2012/2013 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZ- ING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PRO- CEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRI- ATION OF UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISH- ING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFEC- TIVE DATE. The proposed Ordinances 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 re- spect to the proposed Ordinances. 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 8/8 12-4-161/1928520M t I A Lin un'r1^r /1t /\ITCUT Tn i71`m ir.. Maddleralb MiamiHerald.com PUBLISHED DAILY MIAMI -DARE- FLORIDA STATE OF FLORIDA COUNTY OF MIAMI -DADE Before the undersigned authority personally appeared: Jeannette Martinez who on oath says that he /she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement that was published in the Local Section in said newspaper in the issue of- September 14, 2012 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day 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 aff ant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing advertisement for publication in the said n papers(s). S m to and subscribed before me this T _J 14 _ day of _September , 2012 My Commission Expires: _August 1, 2014 Silvia Sendra No SILM SENDRA kiy 00, `aAsSIG DD 97T82 '1 1, 21DI Eor, rite �'ot...� F 9i , Ur, a ; tit r ,► 416 I FRIDAY, SEPTEMBER 14, 2012 H3 LOCAL st STATE BROWARD COUNTY Judge weighs burning MiamiHerald.com. I THE MIAMI HERALD-"' "�. jl case retrial ■ Lawyers for Matthew was troubled that the ver- because Bent's request for a Bent, the teen found dict in Bent's trial was con- new judge was "legally in- guilty of aggravated bury to the weight of the ev- sufficient" and based on the battery for Inciting the ideate presented against defendant's own opinion fiery attack on Michael him. Jurors convicted Bent that the judge was preju- Brower, requested the of aggravated battery, but diced against him new trial. that is a lesser crime than By granting a legally in. the —prosecutors charged sufficient request for a new BY DANIEL CHANG him with: attempted sec- judge, Robinson invited an dchang@MiamiHeratd.com Intl -degree murder. error I= the cane, Raft said, After a Broward jury con- - the issue here revolves and Bent should not benefit victed him of aggravated around this principle offun- from that enbr by receiving battery in June for inciting damental law," Destry told a new trial. the burning attack of Mi- attorneys. 'Was the verdict Defense attorney Johnny chael Brewer in October contrary to the weight of McCray Jr. asserted that 2009, Matthew Bent asked eviderwer Bent's request for anew for a new judge to hear his But Destry may not need judge was legally sound — case, and his request was to rule on Bent's request for and that his client's request r gusted a new trial if he agrees with for a new trial was not based sus.x ttoomusuR samaa Fair RAFM OUrmvasr SENTM nu Now Bent, A is asking for the argument presented by onRobuison's alleged preju- THE DEFENDANT: Matthew THE VICTIM: Michael Brewer in court during the plea a new trial, and the new Scott Raft, an assistant state dice against Bent but the Bent in a Fort hearings of the teens involved in setting him afire. judge indicated Thursday attorney. lack of credibility of wit- Lauderdale courtroom that he might grant that re- Raft said Broward Circuit anuses presented at his trial during his trial in June. Everyone acknowledged ing defendant — accused of quest as well. Judge Michael A. Robinson "We have a case that's rife that Brewer had been orchestrating the attack — Broward Circuit Judge erred when he stepped with credibility issues," least five witnesses gave in- doused with rubbing alto- and the only one who plead - Matthew L Destry said he down from the case in July McCray said, adding that at consistent testimony of the hol and set ablaze by two ed not guilty and chose to go events surrounding the st- other boys at the apartment to a jury trial A. Initially proposed tax levy .... $ 12,584,364 B. Less tax reductions due to Value Adjustment Board and other assessment changes......... $ 519,392 C. Actual property tax levy....... $ 12,064,972 This year's proposed tax levy...... $ 12,947,889 All concerned citizens are invited to attend a public hearing on the tax increase to be held on: WEDNESDAY, SEPTEMBER 19, 2012 6:00 P.M. at 19200 W. COUNTRY CLUB DRIVE AVENTURA, FLORIDA 33180 A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing. BUDGET SUMMARY City of Aventura - Fiscal Year 2012 -2013 IKPaO McPBWMR UFIaaDmMaFiiECrNOi MENI AUE cox MORE nun USTYFARe6awae 1379111 aE8. Geneatfund 1.7261 sp col Deer Total tack on Brewerwho was se- complex near Deerfield "The issue has alwaysbeen riously burned when he was Beach Middle School, whether the responsibility set afire at a Deerfield Beach where all the boys were en- for what happened should be apartment complex. rolled. attributed to Mr. Bent," "Not only did they give in- Brewer, who saved his Schneider said. consistent statements," own life by jumping into a 'This isn't a case where the McCray said, "but their swimming pool, suffered facts were really that muchan statements conflicted with second - and third - degree issue." each other." burns over most of his body. But Destry said that did Maria Schneider, the lead . He underwent seven skin not mean the credibility of prosecutor in the case, ar- grafts and three throat sur- witnesses was unn"r"ilahle, gued that defense attorneys genes during a five -month "If the facts were so dear never made that assertion hospital stay. and there was no issue of during trial. The twoboys who carried credibility," he said, "then Not one credibility issue out the burning pleaded no why not return a guilty ver - was argued," she said. contest to their roles in the dict as charged?" What's more, Schneider crime, and they received Destry said he would an- said, the issue at trial was prison sentences of eight nounce his ruling on Bent's not what happened to Brew - and B years, plus probation. request for a new trial on er. Bent was the last remain- Tuesday. SOUTHMOTORS US -1' & South 160 -11 Street in Miami southmotomcom MIAMI Public Notice COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS September 14, 2012 Mlan*Dade County Public Housing and Community Development 701 NW 1st Court 16th Floor Miami, FL 33136 (786) 469 -2100 This notice shall satisfy the aboveched two separate but related procedural notification requirements for activities to be undertaken by the Public Housing end Community Development (PHCD). REQUEST FOR REIJ I3E OF FUNDS On or about October 4, 2012, PHCD will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of use of land purchased under the Public Housing Capital Funds under section 9 of the US Housing Act of 1937 (42 U.S.C. 1437g)(the'Act") to undertake the following projects: Miaml-0ade Joe Morettl Preservation - (Parcel B) - The scope of work is for Low Income County Public demolition of existing twelve 2 story 8 - plazas totaling 96 elerly Housing Housing and residential units on approximately 1.34 acres. New construction of Tax Credit Community surface parking (63 spaces) with remaining property to consist of - $24,663,913' Development open space and landscaping for proposed new 116 public housing elderly units to be constructed on ParcelA (240 SW 9 Street, Miami, - (Parcelhand FL- Folio A01 -0206-091020). purchased - Federal Funds) Location Parcel B: Folio No.: 01-0206-090 -1120 (201 SW 10th Street, Miami, FL) MiamFDade County Property Appraiser's Total Project Cost Database. Estimated Parcel B: 'Future Development- Parcel A Low Income Housing Tax Credit $1,125,000 balance of $23,538,913 FINDING OF NO SIGNIFICANT IMPACT PHCD has determined that the project will have nosignficant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file aI PHCD, located at 701 NW tat Court, 16th Floor, Miami, FL 33136, and may be examined or copied weekdays 9:00 A.M. to 4:00 P.M. PUBLIC COMMENTS Any irdividual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to Public Housing and Community Development ATTN: Selena Williams, Actin Division Director, Resident Services. Community Planning and Outreach Division, 701 NW 1st CT., hearing on the tax increase to be held on: WEDNESDAY, SEPTEMBER 19,. 2012 6:00 P.M. at 19200 W. COUNTRY CLUB DRIVE AVENTURA, FLORIDA 33180 A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing. BUDGET SUMMARY $ City of Aventura - Fiscal Year 20 12 -2013 'THE PROPOSED OPERATING BUDGET EXPENDITURES OF THE CITY OF AVENTURA ARE 4.0% MORE THAN LAST YEARS OPERATING EXPENDITURES. General Fund 1.7261 Special Debt Total 299,921 General Revenue Service Funds Enterprise All Funds Funds ESTIMATED REVENUES Fund Funds 1,080,205 Taxes: Millage per $1,000 Ad Valorem Taxes 1.7261 $12,350,495 $ _ $ $ 50,495 $ 12,3 250,000 Section 185 Premium Tax 250,000 4,909,000 4,909,000 Utility Taxes Unified Communications Tax 2,524,505 2,524,505 772,000 City Business Tax 772,000 4,267,500 4,267,500 Licenses & Permits Intergovernmental Revenues 2,661,677 1,717,650 225,000 4,379,327 844,000 2,925,500 Charges for Services 1,856,500 1,457,000 7,000 _ 1,464,000 Fines & Forfeitures Miscellaneous Revenues 1 2 6 000 500 31 210 677 1950150 162,500 844000 34004 827 TOTAL SOURCES 6,000, 2 566 051 2,574,051 Transfers InlW Proceeds 18,716,052 61,406 18,777,458 Fund Balances/Reserves[NetAssets TOTAL REVENUES, TRANSFERS & $49,934,729 $ 2,011,556 $ 2,566 051 $ 844,000 $ 55,356,336 BALANCES EXPENDITURES rty mmrssion City Manager Legal City Clerk Finance Information Technology Public Safety Community Development Community Services Arts & Cultural Center Non-Departmental Debt Service TOTAL EXPENDITURES Transfers out Fund BalancestReserveslNet Assets TOTAL APPROPRIATED EXPENDITURES, TRANSFERS, RESERVES & BALANCES $ 123,068 $ $ $ $ 123,068 910,770 910,770 270,000 270,DDO 299,921 299,921 816,017 816,017 1,080,205 1080 205 17,200,230 361,400 17,561,630 1,758,114 1,756,114 5,060,109 - 1,570,000 715,000 7,345,109 - 701,290 701,290 4,720,556 4,720,556 2 566 051 2 566 051 32 94O 280 1931 400 2566 051 715 000 38152.731 2,228,961 2,220,961 14,773,488 B,DDU 72,156 129,000 14,974,644 $ 49,934,729 $ 2,011,556 $ 2,566,051 $ 844,000 $ 55,356,336 THE TENTATIVE, ADOPTED, ANDIOR FINAL BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE REFERENCED TAXING AUTHORITY AS A PUBLIC RECORD. . .i 4$I FRIDAY,SEPTEMBER 14,2012 H3 LOCAL&STATE MiamiHerald.com I THE MIAMI HERALD -I • BROWARD COUNTY Judge wet hs burning case retrial • • g ■Lawyers for Matthew was troubled that the ver- because Bent's request for a • 4 - Bent,the teen found did in Bent's trial was con- new judge was"legally in- . • guilty of aggravated trary to the weight of the ev sufficient"and based on the `•- battery for inciting the idence presented against defendant's own opinion f �, fiery attack on Michael hem.Jurors convicted Bent that the judge was preju-. 4 Brewer,requested the of aggravated battery,but diced against him. - _ .vim . new trial. that is a lesser crime than By granting a legally in- ., b`J` F • • the one prosecutors charged sufficient request for a new , BY DANIEL CHANG him with:attempted sec- judge,Robinson invited an h {a g • dchang @MiamiHereki corn ond-degree murder. error into the case,Raft said, I *..,t•• L After a Browazd jury con- "The issue here revolves and Bent should not benefit - • victed him of aggravated around this principleof fun- from that error by receiving "� • • ' battery in June for inciting damental law,"Destry told a new triaL . w , the burning attack of Mi- attorneys."Was the verdict Defense attorney Johnny cheek Brewer in October contrary to the weight of McCray Jr.asserted that jyv -_ i 2009,Matthew Bent asked evidence?" Bent's request for a new •_ I. for a new judge to hear his But Destry may not need judge was legally sound— r �' - H.AMITAU case,and his request was to rule on Bent's request for and that his client's request �� granted a new trial if he agrees with for a new trial was not based SUSAN smaorwsie santte Fu WAEL OSMEDA/SUN tENnNe en Now lient,l8,is asking for the argument presented by on Robinson's alleged preju- THE DEFENDANT:Matthew THE VICTIM:Michael Brewer in court during the plea •. a new trial,and the new Scott Raft,an assistant state dice against Bent but on the Bent in a Fort hearings of the teens involved in setting him afire. judge indicated Thursday attorney. lack of credibility of wit- Lauderdale courtroom . that he might grant that re- Raft said Broward Circuit nesses presented at his trial 'during his trial in June. Everyone acknowledged ing defendant—accused of quest as well Judge Michael A.Robinson "We have a case that's rife that Brewer had been orchestrating the attack— Broward Circuit Judge erred when he stepped with credibility issues," least five witnesses gave in- doused with rubbing alto- and the only one who plead- ' Matthew I.Descry said he down from the case in July McCray said,adding that at consistent testimony of the hol and set ablaze by two ednotguilty andchosetogo events surrounding the at- other boys at the apartment to a jury triaL tack on Brewer,who was se- complex near Deerfield "The issue has always been NOTICE OF PROPOSED riously burned when hewas Beach Middle School, whether the responsibility set afue at a Deerfield Beach where all the boys were en- for what happened should be apartment complex. rolled attributed to Mr. Bent," TAX INCREASE "Not only did theygive in- Brewer,who saved his Schneider said - consistent statements," own life by jumping into a "This isn't a casewhere the McCray said,"but their swimming pool,suffered facts werereally that muchan • r statements conflicted with second-and third-degree issue," each other" burns over most of his body. But Destry said that did $ Maria Schneider,the lead Heunderwent seven skin not mean the credibility of . r The City of Aventura has tentatively adopted prosecutor in the case,ar- grafts and three throat Sur- witnesses was unassailable.y y {� gued that defense attorneys genes during a five-month "If the facts were so clear I never made that assertion hospital stay and there was no issue of a measure to increase its property tax levy. during triaL The two boys who carried credibility'he said,"then "Not one credibility issue out the burning pleaded no why not return a guilty ver- - was argued,"she said contest to their roles in the diet as charged?" What's more,Schneider crime,and they received Descry said he would an- said,the issue at trial was prison sentences of eight nounce his ruling on Bent's Last years property tax levy: not what happened to Brew- and 11 years,plus probation. request for a new trial on er. Bent was the last remain- Tuesday. A. Initially proposed tax levy . . . . $ 12,584,364 -I B. Less tax reductions due to Value R Adjustment Board and other assessment changes $ 519,392 US-1•&South 160-180 Street in Miami southmotors.com • • C.Actual property tax levy $12,064,972 M®D Public Notice This year's proposed tax levy $ 12,947,889 • COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT • • AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS All concerned citizens are invited to attend a public September 14,2012 hearing on the tax increase to be held on: Mimi-Dade County - ' - Public Housing and Community Development 701 NW 1st Court 16th Floor Miami,FL 33136 WEDNESDAY, SEPTEMBER 19, 2012 (786)469-2100 This notice shall satisfy the above-cited two separate but related procedural notification requirements for activities to be undertaken by the Public Housing and Community Development(PHCD). . REQUEST FOR RELEASE OF FUNDS 6:00 P.M. ' " On or about October 4,2012,PHCD will submit a request to the US.Department of Housing and Urban Development(HUD)for the release of use of land purchased under the Public Housing Capital Funds under, • at section 9 of the US Housing Act 01 1937(42 U.S.C.1437g)(the'Act")to undertake the following projects Agency Project Title&Description Project Funding 19200 W. COUNTRY CLUB DRIVE- R 1 VE Miami-Dade Joe Moretti Preservation-(Parcel B)-The scope of work is for Low Income County Public demolition of existing twelve 2 story 8-plexes totaling 96 elderly Housing Housing and residential units on approximately 1.34 acres.New construction of Tax Credit • • AVENTURA FLORIDA 33180 Community surface parting(63 spaces)with remaining properly to consist of -$24,663,913' 9 Development open space and landscaping for proposed new 116 public housing • • elderly units to be constructed on Parcel A(240 SW 9 Street,Miami, - (Parcel/Land FL-Folio$01-0206-09-1020). purchased- Federal Funds) Location Parcel B.Folio Na:01-0206-090-1120(201 SW 10th Street,Miami,FL)Miami-Dade County Property Appraiser's Total Project Cost A FINAL DECISION on the proposed tax increase Database. Estimated Parcel • B: 'Future Development-Parcel A Low Income Housing Tax Credit $1.125,000 and the budget will be made at this hearing. balance of$23,538,913 FINDING OF NO SIGNIFICANT IMPACT • PHCD has determined that the project will have no significant impact on the human environment.Therefore, .. an Environmental Impact Statement under the National Environmental Policy Act of 1969(NEPA)is not required. Additional project information is contained in the Environmental Review Record(ERR)on file BUDGET SUMMARY at PHCD,located at 701 NW 1st Court,16th Floor,Miami,FL 33136,and may be examined or copied • weekdays 9:00 A.M.to 4:00 P.M. :I l City of Aventura - Fiscal Year 2012-2013 PUBLIC COMMENTS • IRE RROROS®oetsmnaG BUDGET EXPENOnUPES oe rsc err OF ainsru eMa ton MORE nun nor YFAAS OPERATING opn onoveS, Any individual, agency disagreeing with this determination or wishing to comment On the project General Fund 1.7261 may submit written comments to Public Housing and Community Development.ATTN: Selena Williams, Samna Debt Total Acting Division Director,Resident Services,Community Planning and Outreach Division,701 NW 1st CT., . General Revenue Semi a Enterprise AN 16th Floor,.Miami,FL 33136,and documents may be examined or copied weekdays 9:00 A.M.to 4:00 PM. ESTIMATED REVENUES Fund Funds Funds Funds Funs All comments received by October 1,2012,will be considered by PHCD or to authorize submission of a EST- MWageperSt000 Y Y prior 779 Ad valorem rues 1.7261 812358496 $ $ $ $12300,456 request for release of funds.Comments should specify which public notice is being addressed. Section 185 Premium tea 250,005 25°,°0° • , win,rues • 4,909600 4,909,000 RELEASE OF FUNDS un.6ed commuacalmu tea 2028505 2524,506 PHCD certifies to U.S.HUD that Carlos.A.Gimenez,in his capacity as Mayor,consents to accept Ce,9uvrmss Tv 772000 772,000 • manses a Pe mu 4.267,500 4,267,500 the jurisdiction of the Federal Courts,if an action is brought,to enforce responsibilities in relation to the ' o o,,9ornrenemai Semmes 2.661.677 1,717,650 4,379,327 environmental review process and that these responsibilities have been satisfied. U.S HUD's approval of ,i Charges for Services 1456,500 225,000 $44600 2,925,500 I. Ines a Fnrlmmres 1,457600 7,000 1,464600 the certification satisfies its responsibilities under NEPA and related laws and authorities,and allows Mien M,scnUrcaus Revenues 162000 500 162,500 Dade County to use Program funds. TOTAL SOURCES 31210;677 1,950,150 944,000 34604,827 Transfers MOM Proceeds taro • 2566,051 2,574651 OBJECTIONS TO RELEASE OF FUNDS Pm eawKevreserwn+el,usets 18,718052 61.406 - 18,777,458 U.S.HUD will consider objections to its release of funds and the Miami-Dade County certification for a period TOTAL REVENUES,TRANSFERS BALANCES $49,634,725 S 2,011,566 0 2666,051 $844,000 $56,356,336 of fifteen days following the anticipated submission date or its actual receipt of the request(whichever is later) • • only if they are on one of the following bases:(a)the certification was not executed by the Certifying Officer EXPENDITURES or other officer of PHCD approved by U.S.HUD;(b)PHCD has omitted a step or failed to make a decision uPENDITue s 123068 s s i s In,oee DP Y () P CM Manager 910,770 910.770 or finding required by U.S.HUD regulations at 24 CFR Part 58,(c)the grant recipient has committed funds Legal 27 0,000 270000 m other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 .. City rink 298921 299921 Force 91661 916,017 before approval of a release of funds by U.S.HUD',or(d)another Federal agency acting pursuant to 40 CFR Intonation Ramona 1,088205 • 1,0N,2os Part 1504 has submitted awmitten finding that the project is unsatisfactory from the standpoint of environmental NM Sate, 17200230 361,400 17,561,35 Commum7 Development 1,755114 1,758114 quality. Objections must be prepared and submitted in accordance with the required procedures(24 CFR Commands Services 8688109 1,570,000 715655 73451°5 Part 58)and shall be addressed to U.S.Department of Housing and Urban Development,Miami Field Office, • Ana paaru tii 720,,90 720,256 Stickel'Plaza Federal Building,909 SE First Avenue,Room 500,Miami,Florida 33131-3028,ATTN:Mara Debt eparbrenpi 4,72°,556 c506.O5fi 779• - . Dam L ESP - 2.566.051 2566,051 E.Rosario;General Engineer.Potential objectors should contact U.S.HUD to verify the actual last day of TOTON EXPENDITURES 15314°° 2586061 71 / 731 Transfers an s uo 961 9,000 2,226,961 the object on penal. Fund Bel •PesenesMet Assets 14,773,488 72,156 • 129,000 ' 14,974,81 TOTAL APPROPRIATED Carlos A.Gimenez,Mayor • EAPENDRURES,TRANSFERS, Certifying Officer • RESERVES 8 BALANCES $40,934,725$2,011,556 $2,566,051 $844,000 $55,358336 MIT rnirnrNF,ADOPTED,ANDIOa RNAL BUDGETS ASE ON ALE BTNE OFFICE Of TIE ABOVE REFERENCED TWIG ARNOwtY AS APlnuc RECORD. For legal ads online,go to http://legalads.miamidade.gou ',I