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04-02-2013City Commission CttrManagrs Susan Gottlieb, Mayor ]Erie M. Soroka, ICMA -CM City Clerk Bnbar Cohen Teresa M. Soroka, MMC Teri Holzberg Billy Joel -` §i' City Attorney Michael Stern Weiss Serota Helfman Howard Weinberg Pastoriza Cole & Boniske Luz Urbiez Weinberg APRIL 29 2013 6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. ELECTION OF VICE MAYOR 5. SPECIAL PRESENTATIONS: Employee Service Awards Certificates of Appreciation to Community Services Advisory Board Members 6. CONSENT AGENDA: Matters included under the Consent Agenda are self - explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: March 5, 2013 Commission Meeting March 21, 2013 Special Meeting March 21, 2013 Commission Workshop Meeting B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $36,000 FOR THE POLICE BOAT DOCK AND RELATED EQUIPMENT FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY APRIL 2, 2013 OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. NONE 8. ORDINANCES: FIRST READING— PUBLIC INPUT: None. 9. ORDINANCES — SECOND READING — PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -08 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; ESTABLISHING THE COMMITTED FUND BALANCE FOR HURRICANE/EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 2 APRIL 2, 2013 14. ADJOURNMENT FUTURE MEETINGS COMMISSION WORKSHOP APRIL 18, 2013 9AM EXEC. CONFERENCE ROOM COMMISSION MEETING MAY 7, 2013 6 PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance 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. 1a MINUTES CITY COMMISSION MEETING MARCH 5, 2013 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez Weinberg, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Rev. Will Keyser 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Certificate of Appreciation for fifteen years of service to the City was presented by Mr. Soroka to Police Officer Anna Howell. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Vice Mayor Luz Weinberg, passed unanimously and the following action was taken: A. The following minutes were approved: February 5, 2013 Commission Meeting February 21, 2013 Commission Workshop Meeting B. Resolution No. 2013 -11 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE C. Resolution No. 2013 -12 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI- DADE /BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. The following motion was approved: MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30 2012 AND THE LETTER DATED FEBRUARY 19, 2013 ATTACHED HERETO AS ATTACHMENT A 6. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi - judicial procedures may be obtained from the Clerk. A. Mr. Wolpin reviewed the quasi - judicial procedures. City Clerk Teresa M. Soroka administered the oath to all those wishing to offer testimony in items 6A -B. Mr. Wolpin then read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31- 144(f)(2)j. OF THE CITY CODE TO PERMIT A SELF - SERVICE STORAGE FACILITY IN THE MO (MEDICAL OFFICE) DISTRICT; GRANTING APPROVAL OF VARIANCE FROM SECTION 31 -144 (f)(4)d.3. OF THE CITY CODE TO PERMIT 29.7% OPEN SPACE, WHERE A MINIMUM OF 33% OPEN SPACE IS REQUIRED BY CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION 31- 144(f)(4)c. OF THE CITY CODE TO PERMIT A 20 FOOT WIDE REAR YARD SETBACK, WHERE A MINIMUM REAR YARD SETBACK OF 25 FEET IS REQUIRED BY CODE, FOR THE REDEVELOPMENT OF THE SELF SERVICE STORAGE FACILITY AT 21288 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. A motion for 2 B. approval was offered by Commissioner Cohen and seconded by Commissioner Howard Weinberg. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Michael Radell, Esq., Jim Fitzpatrick, Senior Vice President for Public Storage, and Architect Gustavo Carbonell, representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2013 -13 was adopted. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31 -145 (b)(5) h. OF THE CITY CODE TO ALLOW COMMON OPEN SPACE OF 29.35 %, WHERE A MINIMUM 35% COMMON OPEN SPACE IS REQUIRED BY CODE FOR THE TC1 (TOWN CENTER) DISTRICT; VARIANCE FROM SECTION 31- 171(a)(6)a. OF THE CITY CODE TO ALLOW AN EXISTING 8.4 FOOT AND AN EXISTING 8.5 FOOT WIDE PARKING STALL, WHERE A MINIMUM PARKING STALL WIDTH OF 9 FEET IS REQUIRED BY CODE; VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY CODE TO ALLOW AN EXISTING 4 FOOT AND 5 FOOT SETBACK TO PARKING PAVEMENT, WHERE A MINIMUM 10 FOOT SETBACK IS REQUIRED BY CODE; VARIANCE OF SECTION 31- 221(i)(3) a.1. OF THE CITY CODE TO ALLOW AN EXISTING 5 FOOT WIDE AND AN EXISTING 6 FOOT WIDE TERMINAL ISLAND, WHERE A MINIMUM TERMINAL ISLAND WIDTH OF 7 FEET IS REQUIRED BY CODE; VARIANCE FROM SECTION 31- 221(i)(3)a.2. OF THE CITY CODE TO ALLOW PARKING ROWS WITH MORE THAN NINE CONTIGUOUS PARKING SPACES WITHOUT A LANDSCAPED ISLAND, WHERE A MINIMUM OF ONE 7 FOOT WIDE LANDSCAPED ISLAND FOR EVERY NINE PARKING SPACES IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31- 221(i)(3)a.2 OF THE CITY CODE TO ALLOW AN EXISTING 0 FOOT WIDE, AN EXISTING 3.9 FOOT WIDE AND AN EXISTING 4.8 FOOT WIDE DIVIDER MEDIAN, WHERE A MINIMUM 7 FOOT WIDE DIVIDER MEDIAN IS REQUIRED BY CODE, FOR THE TOWN CENTER AVENTURA PLAZA AT 2711 NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Stern. Ms. Carr addressed the Commission and entered the staff report into the record. Mayor 3 Gottlieb opened the public hearing. The following individuals addressed the Commission: Noel Barnett, Bohler Engineering, Mickey Marrero, Esq., Ken Bernstein, Esq., Turnberry & Associates, all representing the applicant; Jonathan Evans, 7000 Island Blvd; Ross Toyne, Esq., and Bettina Arossi of Venture of Aventura West; Mercedes Gorina, resident of Venture West. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2013 -14 was adopted. 7. ORDINANCES: FIRST READING /PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -08 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; ESTABLISHING THE COMMITTED FUND BALANCE FOR HURRICANE /EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA APPROVING THE SALE AND PURCHASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND PRESIDENTIAL AVENTURA PROPERTIES, LLC FOR THE SALE OF CITY REAL PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SALE AND PURCHASE AGREEMENT AND TO EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE SALE AND CLOSING OF THE CITY REAL PROPERTY; PROVIDING FOR IMPLEMENTATION OF TRANSACTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Luz Weinberg and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. The following 4 individuals addressed the Commission: Alan Greenfield, Esq. and Roy Lustig, 21200 Point Place. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING /PUBLIC HEARING: None. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Shera Losos, Marina Cove, Krop Senior High School liaison; Reverend Will Keyser; Joseph Platnick, Del Prado. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. MINUTES CITY COMMISSION Aventura Government Center SPECIAL MEETING 19200 W. Country Club Drive MARCH 21, 2013 9 AM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. ORDINANCES — SECOND READING — PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA APPROVING THE SALE AND PURCHASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND PRESIDENTIAL AVENTURA PROPERTIES, LLC FOR THE SALE OF CITY REAL PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SALE AND PURCHASE AGREEMENT AND TO EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE SALE AND CLOSING OF THE CITY REAL PROPERTY; PROVIDING FOR IMPLEMENTATION OF TRANSACTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Weinberg and seconded by Commissioner Cohen. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2013 -03 was enacted. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 9:03 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:03 a.m. by Mayor Susan Gottlieb immediately following the 9 am Special Meeting. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. EX PARTE COMMUNICATIONS (City Manager): Mr. Soroka reviewed Section 34 of the City Code pertaining to ex parte communication procedures and the past practices of the City Commission regarding these procedures. Mr. Wolpin discussed disclosure requirements. Mr. Soroka briefly discussed the history of the Land Development Regulations. CITY MANAGER SUMMARY: Consensus that the Commission adhere to the past practices observed by the City Commission. 2. NALEO CONFERENCE: (Vice Mayor Luz Weinberg) Vice Mayor Weinberg requested Commission consensus to fund her participation in the annual NALEO Conference in Chicago June 27 -29, 2013. CITY MANAGER SUMMARY: Consensus to approve. Additionally, Mr. Soroka discussed the bike path issues and it was the consensus of the Commission to send a letter to FDOT addressing the Commission's concerns regarding the path. Mr. Soroka then distributed a copy of Resolution 2001 -48 regarding Commission attendance at Condominium and Homeowners Association Board meetings. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 9:45 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. MINUTES CITY COMMISSION Aventura Government Center AR� WORKSHOP MEETING 19200 W. Country Club Drive MARCH 21, 2013 Aventura, Florida 33180 following 9am Special Meeting CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:03 a.m. by Mayor Susan Gottlieb immediately following the 9 am Special Meeting. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel, Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. EX PARTE COMMUNICATIONS (City Manager): Mr. Soroka reviewed Section 34 of the City Code pertaining to ex parte communication procedures and the past practices of the City Commission regarding these procedures. Mr. Wolpin discussed disclosure requirements. Mr. Soroka briefly discussed the history of the Land Development Regulations. CITY MANAGER SUMMARY: Consensus that the Commission adhere to the past practices observed by the City Commission. 2. NALEO CONFERENCE: (Vice Mayor Luz Weinberg) Vice Mayor Weinberg requested Commission consensus to fund her participation in the annual NALEO Conference in Chicago June 27 -29, 2013. CITY MANAGER SUMMARY: Consensus to approve. Additionally, Mr. Soroka discussed the bike path issues and it was the consensus of the Commission to send a letter to FDOT addressing the Commission's concerns regarding the path. Mr. Soroka then distributed a copy of Resolution 2001 -48 regarding Commission attendance at Condominium and Homeowners Association Board meetings. 3. ADJOURNMENT: There being no further business to come before the Commission at this time, the meeting adjourned at 9:45 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City na er DATE: March 7, 2013 SUBJECT: Disbursement of Police Forfeiture Funds April 2, 2013 City Commission Meeting Agenda Item O'L RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $36,000 for the Police Boat Dock and related equipment from the Police Forfeiture Funds in accordance with the City Manager's memorandum." If you have any questions, please feel free to contact me. EMS /act Attachment CCO1796 -13 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE M TO: Eric M. Soroka, C FROM: `Maven SteiKberg,`Ct#ef of DATE: 7 March 2013 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Police boat dock and related equipment $36,000 Total Expenditure Request: $36,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Police boat dock and related equipment — These funds are being requested to build a boat dock for our police boat. The location for the boat dock will be in the canal to the north of the Charter School. There is a cut in at the canal seawall that will accommodate the boat and dock. Currently the police boat is housed at a local marina. Having our own boat dock will give us the ability to have the boat docked next to a location (Charter Schools) that is occupied most of the time as well as have our own surveillance equipment (cameras) to monitor the boat and dock on a 24/7 365 basis. We would be able to play back the recorded tapes in the event an incident ever took place. CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM TO: Chief Steven Steinberg FROM: Major William J. Washa Jr. Operations Division DATE: March 6, 2013 SUBJECT: Request for floating dock and accessories for the Police Vessel Since the inception of our Marine Patrol Division (1997) our Police Vessel has been moored in the water at Tumberry Marina. This facility is not equipped with electric or a water supply necessary to maintain and do minor repairs. This location also does not afford us the opportunity to keep the boat out of the water when not in use avoiding the buildup of barnacles that can damage the hull. Attached is our recommendation to the solution to the problem. In short we are requesting the purchase of a floating Jet Dock along with the installation of electric, water and security camera & lighting. The cost is as follows: • Floating Jet Dock with Installation $27,841.39 • Electric, Flood light and installation $ 3,724.00 • Plumbing (water) with installation $ 1,150.00 • Security camera with installation $ 1,145.00 • Solar Powered lights for boat slip $ 823.72 Total $34,684.11 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City an ge DATE: March 13, 2013 SUBJECT: Resolution Declaring Equipment Surplus April 12, 2013 Commission Meeting Agenda Item 40 el RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2 -258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS /act Attachment RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. 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 Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 2 "d day of April, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, DATE: 13 March 2013 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: 6 — "Relax the Bads" chairs used by Communications personnel. These chairs are at least 10 years old. These chairs have begun to break apart and are in non - repairable condition. CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Karen J. Lanke, Information Technology Director DATE: March 21, 2013 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached spreadsheet be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Exhibit A Asset Tag Brand Model Qty Serial Number Type APC RBC24 1 APC Replacment Battery Cartridge Dell Optiplex 760 1 B2S4WK1 Desktop Dell Optiplex 760 1 CTH5WK1 Desktop ' Dell Laltitude D630 1 1DONGHI Laptop ' Dell Laltitude D630 1 _ 5BONGHI Laptop Dell Latitiude D630 1 8BONGHI Laptop Dell _ Latitude D630 1 3CONGHI _ Laptop Dell Latitude D630 1 3DONGHI Laptop Dell Latitude E6400 1 63L 6WK1 La toy Dell Latitude E6400 1 F11-6WK1 Laptop Dell _ Latitude E6400 1 FT2HNM1 _ Laptop _ GE Security MVC -17HS 1 KG106665 Monitor Panasonic WV- BM1790 1 DEW05819 _ Monitor Zebra RW420 1 XXRC09 -29 -03.75 Printer 2298 Dell _ PowerEdge 1750 1 CDMQY41_ _ Server 2383 Dell PowerEdge 1850 1 9YOTY51 Server _ _ Dell PowerEdge 1950 1 DP9JXC1 Server 1586 Dell PowerEdge 2650 1 2351C21 _ Server 2356 Dell PowerEdge 2850 1 _ 80W4Z51 Server Enviromux Enviromux -Mini 1 _ 1673 Server Monitoring Sensor APC Backup -UPS RS800 1 51307371.122868 UPS APC Backup -UPS RS800 1 5BO744U03316 UPS APC Backup-UPS RS800 1 5B0746U32353 UPS Page 1 of 1 321/2013 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City age DATE: March 15, 2013 SUBJECT: Law Enforcement Mutual Aid A reem nt Between the City and North Bay Village April 12, 2013 City Commission Meeting Agenda Item I RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with North Bay Village. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1797 -13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of North Bay Village for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2013 - Page 2 PASSED AND ADOPTED this 2nd day of April, 2013. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ROBERT J. DANIELS CHIEF OF POLICE March 12, 2013 Chief Steve Steinberg Aventura Police Department 19200 West Country Club Drive Aventura, FL 33180 RE: North Bay Village Mutual Aid Agreement Dear Chief Steinberg: Enclosed are two (2) original copies of the Mutual Aid Agreement between North Bay Village and the City of Aventura. Please set this to go before your Commission for their approval and signature by all necessary parties. Once this has been completed, please return one fully executed copy to me and retain a copy for your records. Thank you for your continued support regarding this matter. Should you have any questions please do not hesitate to contact me at (305) 758 -2626. Sincerely, Robert J. Daniels Chief of Police RJD:ag 1700 JFK CAUSEWAY, SUITE 132, NORTH BAY VILLAGE, FL 33141 MIAMI -DADE COUNTY PHONE #305 - 758 -2626 FAX #305 - 866 -7513 E -MAIL: rdaniels @nbvillage.com MUTUAL AID AGREEMENT BETWEEN THE NORTH BAY VILLAGE POLICE DEPARTMENT AND THE CITY OF AVENTURA POLICE DEPARTMENT WITNESSETH WHEREAS, it is the responsibility of the governments of North Bay Village, Florida, and the City of Aventura, Florida (collectively, the "Parties ") to ensure the public safety of their citizens by providing adequate levels of police service to assess any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural man-made conditions which are, or likely to be, beyond the control of the services, personnel, equipment, or facilities of the North Bay Village Police Department and the City of Aventura Police Department (collectively, the "Agencies "); and WHEREAS, the Parties are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations including, but not limited to emergencies as defined under Section 252.34(3), Florida Statutes; and (2) Continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Parties have authority under Part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into: (1) A requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies; and (2) A voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines. NOW, THEREFORE, BE IT KNOWN that North Bay Village, a political subdivision of the State of Florida and the City of Aventura, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: DESCRIPTION This Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations and combines elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION The Chief of Police for North Bay Village and the Chief of Police for the City of Aventura (collectively "Agency Heads ") may execute a joint declaration, enumerating the specific conditions under which aid may be requested or rendered pursuant to this Agreement (the "Joint Declaration "). Subsequent to execution, a Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration may be amended at any time upon the mutual assent of the Agency Heads. SECTION III: POLICY AND PROCEDURE (a) In the event that a party to this Agreement is in need of assistance as set forth above, an authorized representative of the Agency requiring assistance shall notify the Agency, Agency Head, or his/her designee from whom such assistance is required. The Agency Head or authorized agency representative whose assistance is sought shall evaluate the situation and the Agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he /she deems appropriate. The Agency Head's decision in this regard shall be final. (b) The resources or facilities that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his designee of the Agency requesting assistance. (c) Should a violation of Florida Statutes occur in the presence of said officers representing their respective Agencies in the furtherance of this Agreement, they shall be empowered to render enforcement assistance and act in accordance with law. OA SECTION IV: POWERS, PRIVILEGES, IMMUNITIES AND COSTS (a) Members of the Agencies when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of North Bay Village or Aventura under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. (b) Each Party agrees to furnish the necessary equipment, resources, and facilities and to render services to each other Party to the Agreement as set forth above; provided however, that no Parry shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. (c) The Agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. (d) The Agency furnishing aid pursuant to this section shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. However, if the requesting Agency receives compensation from the Federal Emergency Management Agency (FEMA), the requesting Agency may compensate the assisting Agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as pertains to this Agreement. (e) All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits which apply to the activity of such officers, agents or employee of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. 3 (f) Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting Agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under this Agreement. SECTION V: FORFEITURE It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. Seized property shall be forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VI: INDEMNIFICATION Each Party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION VII: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter -named officials and shall continue in full force and effect until the expiration of a period of five (5) years from the date hereof, unless terminated prior thereto by any or all of the Parties herein. SECTION VII: CANCELLATION This agreement may be cancelled by any Party upon delivery of written notice to the other Party or Parties. Cancellation will be at the direction of any subscribing Party. 10 IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on the date specified. Dennis Kelly Village Manager North Bay Village Chief of Police N-67t1 Bay Village, Florida Village Clerk North Bay Village, Florida 5 Eric M. Soroka City Manager City of Aventura Date: Steven Steinberg Chief of Police Aventura, Florida Date: ff—t 6 ATTEST: Teresa M. Soroka City Clerk City of Aventura, Florida JOINT DECLARATION BETWEEN NORTH BAY VILLAGE AND THE CITY OF AVENTURA PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: Participating in law enforcement activities that are preplanned and approved by each respective agency head; or Appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by North Bay Village, Florida and the City of Aventura, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. C� 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AG D TO AND ACKNOWLEDGED this day of , 2013. Robert J. Daniels Steven Steinberg Chief of Police Chief of Police North Bay Village, Florida Aventura, Florida at : 3h /! ? Date: i 'e�/" North Bay Village, Florida ATTEST: Teresa M. Soroka City Clerk Aventura, Florida 7 Approved as to form And legal sufficiency: Village Attorney North Bay Village, Florida Date: -�)- I tS /13 8 Approved as to form and legal sufficiency: City Attorney City of Aventura, Florida Date: ° CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager 4 BY: Brian K. Raducci, Finance Director DATE: February 25, 2013 SUBJECT: Mid -Year Ordinance Amending 2012/13 Budget 1St Reading March 5, 2013 City Commission Meeting Agenda Item =� 2nd Reading April 2, 2013 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2012/13 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you are aware, the City normally amends the budget to recognize actual fund balance amounts carried over based on the prior year's audit. In addition, budget amounts are amended to re- appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re- appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2012 to the 2012/13 budget was also discussed in my memorandum dated February 25th which was distributed electronically to the Commission along with the Comprehensive Annual Financial Report. GENERAL FUND (001) REVENUES /EXPENDITURES — $2,983,514 To recognize additional Carryover to fund the items described below. 1. To re- appropriate $1,378,593 worth of capital outlay projects which were not 100% complete by the end of the prior fiscal year as follows: a. computer equipment, $775,000 b. E911 equipment, $55,000 c. Police Department Radio System $442,000 (this is the first component of the Radio System project which was presented at the February 21St Commission workshop) d. street lighting improvements $106,593) 2. To appropriate $60,000 for upgrades made at ACES (this project which was presented at the January Pi Commission workshop) 3. To appropriate $1,560,000 from that portion of the Fund Balance which was previously Assigned to Public Safety /Police Communication Radio System Upgrade (this is the second component of the Radio System project which was presented at the February 21" Commission workshop) 4. To decrease Non Departmental/Transfers by $15,079 in order to recognize actual fund balances as explained under the two - related debt service funds, (found at the end of this memorandum), based on the prior year's audit. POLICE EDUCATION FUND (110) REVENUES /EXPENDITURES — $11,850 To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit. STREET MAINTENANCE FUND (120) REVENUES /EXPENDITURES — $745,915 To recognize additional Carryover to fund the two (2) items described below. To re- appropriate $76,308 worth of Street Lighting Improvements (e.g., Biscayne Lighting Project) which was not 100% complete by the end of the prior fiscal year. 2. To increase the Capital Reserve by $669,607 in order to recognize and re- appropriate the remaining funds of the fund balance amount carried over based on the prior year's audit. POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) REVENUES /EXPENDITURES —$5,513 To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit. PARK DEVELOPMENT FUND (170) REVENUES /EXPENDITURES — $8 To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit. 911 FUND (180) REVENUES /EXPENDITURES — $29,658 To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit. 2 DEBT SERVICE FUND SERIES 2010 & 2011 (230) REVENUES — $0 (Revenue Reclassification of $11,589 — Net effect is $0) To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively by $11,589 for a net effect of $0. DEBT SERVICE FUND SERIES 2012, Charter School Land (250) REVENUES — $0 (Revenue Reclassification of $3,490 — Net effect is $0) To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively by $3,490 for a net effect of $0. COMMITTED FUND BALANCE — $5,000,000 HURRICANE /EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES - In addition the City Commission had previously committed $5,000,000 for hurricane /emergency and disaster recovery operating reserves through Resolution 2011 -43. At the recommendation of our City Auditors, we will re- commit these same funds as part of this ordinance as this is the City's highest level decision making authority. This action will have no impact on our operating /capital budget as these funds had been previously been earmarked for this purpose. This is merely a more formal action of what has already been decided by our City Commission on July 12, 2011. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR /bkr 3 DEBT SERVICE FUND SERIES 2010 & 2011 (230) REVENUES — $0 (Revenue Reclassification of $11,589 — Net effect is $0) To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively by $11,589 for a net effect of $0. DEBT SERVICE FUND SERIES 2012, Charter School Land (250) REVENUES — $0 (Revenue Reclassification of $3,490 — Net effect is $0) To recognize and re- appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively by $3,490 for a net effect of $0. COMMITTED FUND BALANCE — $5,000,000 HURRICANE /EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES - In addition the City Commission had previously committed $5,000,000 for hurricane /emergency and disaster recovery operating reserves through Resolution 2011 -43. At the recommendation of our City Auditors, we will re- commit these same funds as part of this ordinance as this is the City's highest level decision making authority. This action will have no impact on our operating /capital budget as these funds had been previously been earmarked for this purpose. This is merely a more formal action of what has already been decided by our City Commission on July 12, 2011. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR /bkr 3 ORDINANCE NO. 2013 -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; ESTABLISHING THE COMMITTED FUND BALANCE FOR HURRICANE /EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES; 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 City 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 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 -13, which Ordinance adopted a budget for the 2012/2013 fiscal year, by revising the 2012/2013 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Ordinance No. 2013 -04 Page 2 Section 3. The Committed Fund Balance to be utilized for Hurricane /Emergency and Disaster Recovery Operating Reserves is $5 million. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2012. The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption on first reading. This motion was seconded by Commissioner Stern, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Howard Weinberg yes Vice Mayor Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Howard Weinberg Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 6 Ordinance No. 2013 -04 Page 3 PASSED AND ADOPTED on first reading this 5t" day of March, 2013. PASSED AND ADOPTED on second reading this 2nd day of April, 2013. TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY m SUSAN GOTTLIEB, MAYOR Exhibit A - FY 2012113 Budget Amendments GENERAL FUND (001) Expenditures Capital Outlay /Information Technology (8012 -513) 6401 Computer Equipment >$5,000 $ 177,634 $ 207,000 $ 384,634 SUBTOTAL $ 177,634 $ 207,000 $ 384,634 Capital Outlay /Public Safety (8020 -521) 2012113 2012/13 2012113 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues 147,000 55,000 202,000 Non - Revenue 10,000 2,002,000 2,012,000 3999000 Carryover $ 18,960,924 $ 2,983,514 $ 21,944,438 SUBTOTAL $ 18,960,924 $ 2,983,514 $ 21,944,438 Total Amendments - Revenues $ 2,983,514 Expenditures Capital Outlay /Information Technology (8012 -513) 6401 Computer Equipment >$5,000 $ 177,634 $ 207,000 $ 384,634 SUBTOTAL $ 177,634 $ 207,000 $ 384,634 Capital Outlay /Public Safety (8020 -521) 6401 Computer Equipment >$5,000 $ - $ 340,000 $ 340,000 6402 Computer Equipment <$5,000 123,428 203,000 326,428 6405 E911 Equipment 147,000 55,000 202,000 6407 Radio Repurchase & Replace. 10,000 2,002,000 2,012,000 SUBTOTAL $ 280,428 $ 2,600,000 $ 2,880,428 Capital Outlay /Community Services (8050 - 5391541) 6402 Computer Equipment <$5,000 $ 10,000 $ 25,000 $ 35,000 6307 Street Lighting Improv. 408,692 106,593 515,285 SUBTOTAL $ 418,692 $ 131,593 $ 550,285 Charter School - (8069 -569) 6307 Charter School Constr. $ - $ 60,000 $ 60,000 SUBTOTAL $ - $ 60,000 $ 60,000 Non Departmental /Transfers (9001 -581) 9123 Transfer to 1999 Debt Service Fund (230) $ 1,210,019 $ (11,589) $ 1,198,430 9125 Transfer to 2012 Debt Service Fund (250) 403,132 (3,490) 399,642 SUBTOTAL $ 1,613,151 $ (15,079) $ 1,598,072 Total Amendments - Expenditures $ 2,983,514 Page 1 of 4 Exhibit A POLICE EDUCATION FUND (110) 2012113 2012113 2012/13 OBJECT ADOPTED AMENDED REVISED . CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ $ 11,850 $ 11,850 SUBTOTAL $ - $ 11,850 $ 11,850 Total Amendments - Revenues $ 11,850 Expenditures Public Safety (2001 -521) 5450 Training $ 7,000 $ 11,850 $ 18,850 SUBTOTAL $ 7,000 $ 11,850 $ 18,850 Total Amendments - Expenditures $ 11,850 TRANSPORTATION AND STREET MAINTENANCE FUND (120) Expenditures Community Services (5001 -541) 6307 Street Lighting Improv. $ 106,248 $ 76,308 $ 182,556 6999 Capital Reserve 69,900 669,607 739,507 SUBTOTAL $ 176,148 $ 745,915 $ 922,063 Total Amendments - Expenditures $ 745,915 POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) 2012113 2012113 2012113 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ - $ 5,513 $ 5,513 SUBTOTAL $ - $ 5,513 $ 5,513 Total Amendments - Revenues $ 5,513 Expenditures Non Departmental (2001 -521) 6999 Capital Reserve $ - $ 5,513 $ 5,513 SUBTOTAL $ - $ 5,513 $ 5,513 Total Amendments - Expenditures $ 5,513 Page 2 of 4 2012113 2012/13 2012113 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET" AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ 65,398 $ 745,915 $ 811,313 SUBTOTAL $ 65,398 $ 745,915 $ 811,313 Total Amendments - Revenues $ 745,915 Expenditures Community Services (5001 -541) 6307 Street Lighting Improv. $ 106,248 $ 76,308 $ 182,556 6999 Capital Reserve 69,900 669,607 739,507 SUBTOTAL $ 176,148 $ 745,915 $ 922,063 Total Amendments - Expenditures $ 745,915 POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) 2012113 2012113 2012113 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ - $ 5,513 $ 5,513 SUBTOTAL $ - $ 5,513 $ 5,513 Total Amendments - Revenues $ 5,513 Expenditures Non Departmental (2001 -521) 6999 Capital Reserve $ - $ 5,513 $ 5,513 SUBTOTAL $ - $ 5,513 $ 5,513 Total Amendments - Expenditures $ 5,513 Page 2 of 4 Exhibit A PARK DEVELOPMENT FUND (170) 2012113 2012113 2012113 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ 2,256 $ 8 $ 2,264 SUBTOTAL $ 2,256 $ 8 $ 2,264 Total Amendments - Revenues $ 8 Expenditures Non Departmental /Transfers (5001 -572) 6999 Capital Reserve $ 2,256 $ 8 $ 2,264 SUBTOTAL $ 2,256 $ 8 $ 2,264 Total Amendments - Expenditures $ 8 911 FUND (180) 2012113 2012113 2012113 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3999000 Carryover $ - $ 29,658 $ 29,658 SUBTOTAL $ - $ 29,658 $ 29,658 Total Amendments - Revenues $ 29,658 Expenditures Public Safety (2001 -521) 6999 Capital Reserve $ - $ 29,658 $ 29,658 SUBTOTAL $ - $ 29,658 $ 29,658 Total Amendments - Expenditures $ 29,658 Page 3 of 4 Exhibit A DEBT SERVICE FUND SERIES 2010 & 2011 (230) DEBT SERVICE FUND SERIES 2012 CHARTER SCHOOL LAND ACQUISITION (250) 2012113 2012113 2012/13 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3811001 Transfer from General Fund $ 1,210,019 $ (11,589) $ 1,198,430 3999000 Carryover - 11,589 11,589 SUBTOTAL $ 1,210,019 $ $ 1,210,019 Total Amendments - Revenues $ - DEBT SERVICE FUND SERIES 2012 CHARTER SCHOOL LAND ACQUISITION (250) Page 4 of 4 2012113 2012113 2012/13 OBJECT ADOPTED AMENDED REVISED° CODE CATEGORY BUDGET AMOUNT BUDGET Revenues Non - Revenue 3811001 Transfer from General Fund $ 403,132 $ (3,490) $ 399,642 3999000 Carryover - 3,490 3,490 SUBTOTAL $ 403,132 $ - $ 403,132 Total Amendments - Revenues $ Page 4 of 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review 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 - APRIL 2, 2013 in the XXXX Court, was published in said newspaper in the issues of 03/07/2013 Attiant 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, Ission or refund for the purpose of securi s advertisem nt for publication in the said Sworn to- &TWsubscribed before me this 07 v of MARC A.D. 2013 SEAL) MARIA MESA personally known to me B, THOMAS •�'$� �ommission # 00 937532 `' r« Expires NOVBmber Z 2013 N,d.d Tnru Tray Foln Inwrenoe 1!<>a�U910iY n CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 2nd day of April, 2013, 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 COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; ESTAB- LISHING THE COMMITTED FUND BALANCE FOR HURRICANE/ EMERGENCY AND DISASTER RECOVERY OPERATING RESERVES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE 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 respect 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 3/7 13- 4- 315/2045034M