07-21-2005 Workshop
..
19200 West ('fllllitrv ('JlIh Drive AventllT3 Fl
City Commission
Workshop Meeting
July 21, 2005
11 A.M.
Executive Conference Room
AGENDA
1. Water Taxi (Mayor Gottlieb/City Manager)*
2. Ethics Code Revisions (City Attorney)*
Future Action Required: Ordinance
3. Identification of Student Counts for New Development (City
Commission)*
4. Billboard Update (City Manager)*
5. Protocol for Issuing Keys to the City (Commisioner Diamond) *
6. Donation of Sculpture (Commisioner Diamond)*
7. City Clerk Review
8. Adjournment
* Back-up Information Exists
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, 305-466-890 I, not later than two days prior to such proceeding.
City of
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Office of the City Manager
June 14, 2005
Mr. Bob Bekoff
President
Water Bus
1850 S.E. 1 ih Street
Suite 106A
Ft. Lauderdale, FL 33316
Re: Water Taxi Services
Dear Mr. Bekoff:
Thank you for meeting with Mayor Susan Gottlieb and me to discuss the feasibility of
extending the water taxi services to the City of Aventura.
This item has been scheduled for the July 2151 Commission Workshop at 11 :00 a.m. Staff
is in the process of contacting the engineer you suggested in order to review the feasibility
of the Community Recreation Center site for the installation of a boat ramp.
We look forward to working with you to explore this important alternative form of
transportation for our residents.
EMS/act
cc: Susan Gottlieb, Mayor
CM01750-05
PHONE: 305-466-8910 . FAX: 305-466-8919
www.cityofaventura.com
City of
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Office of the City Manager
June 14, 2005
Mr. Bob Bekoff
President
Water Bus
1850 S.E. 1ih Street
Suite 106A
Ft. Lauderdale, FL 33316
Re: Water Taxi Services
Dear Mr. Bekoff:
Thank you for meeting with Mayor Susan Gottlieb and me to discuss the feasibility of
extending the water taxi services to the City of Aventura.
This item has been scheduled for the July 2151 Commission Workshop at 11 :00 a.m. Staff
is in the process of contacting the engineer you suggested in order to review the feasibility
of the Community Recreation Center site for the installation of a boat ramp.
We look forward to working with you to explore this important alternative form of
transportation for our residents.
EMS/act
cc: Susan Gottlieb, Mayor
CM01750-05
PHONE: 305-466-8910 . FAX: 305-466-8919
www.cityofaventura.com
bcc: Robert M. Sherman, Director Community Services
"DRAFT"
CITY OF A VENTURA
FEASIBILITY STUDY
FOR
WATER BUS STOP AT THE A VENTURA COMMUNITY CENTER
JUNE 28, 2005
PURPOSE
The purpose of this study is to evaluate the feasibility of installing a water bus stop at the
City of Aventura Community Center. The study will evaluate the permitting
requirements, project schedule, and estimated cost.
PROJECT DESCRIPTION
The project will involve the installation of a floating platform on the east side of the
Avenutra Community Center to serve as water bus stop for the City's residents. The
platform will be located approximately 20 feet into Dumfounding Bay and will be
accessible by a wooden boardwalk over the existing rip-rap and an aluminum gangway
leading from the boardwalk to the floating platform. The floating platform will be 20-
feet by 20-feet in size and will serve as the loading and unloading area for the water bus.
Services for the water bus would be provided by an outside source.
PERMITTING REOUIREMENTS
The following permits and approvals will be required:
1. Site plan approval through the City of A ventura - a site plan depicting the
proposed improvements will need to be submitted to the Community
Development Department for approval. Processing time is estimated at 60 days.
2. U.S. Army Corps of Engineers (ACOE) - A general permit is required for
structures over waters of the U.S., including floating structures and ramps if the
structures over water total less than 1000 square feet and no seagrass are present.
A seagrass survey will be required to determine the extent of seagrass on the
submerged bottom. The processing of this permit will take approximately 4-6
months. If the structures total more than 1000 square feet or seagrass is found
then a Letter of Permission will be required. The processing of this type of permit
is estimated to take 6-12 months.
3. South Florida Water Management District (SFWMD) - A SFWMD permit will be
required for this project and a sovereign submerged land lease for the structures
beyond the mean high water line. The lease will also include the area of the
waterbody needed for the water bus to temporarily moor. It was noted that the
property line extends beyond the mean high water line on the north side of the
property. The State cannot claim these waters as sovereign if this area was
previously excavated, or has been grandfathered in the title. A state lands title
determination must be requested in order for the State to make this determination.
If it is found the state does not have title inside the property line to the mean high
water, then a lease would not be required. Of course this would only be necessary
if the City decided to move the drop off to the north side of the property. A
seagrass survey will be required to determine the extent of seagrass on the
submerged bottom. The processing of this permit is estimated to take 4-6 months.
4. Miami-Dade County Environmental Resources Management (DERM) - A Class I
permit will be required for this project. However, a short from application can be
submitted if the pilings and dock do not protrude farther than 25% of the width of
the waterway which it appears this project would qualify. If not, a standard form
application would need to be submitted. A seagrass survey will be required to
determine the extent of seagrass on the submerged bottom. The processing of this
permit is estimated to take 4-6 months.
5. Building Permit - The Contractor will be required to pull a building permit from
the City, prior to starting construction.
PROJECT SCHEDULE
The following is a preliminary project schedule:
Design and Site Planning Phase -
2 months
Environmental Permitting Phase -
6 months (if no seagrass is found)
12 months (if seagrass is found)
Construction -
2 months
Total-
10 months (if no seagrass is found)
PRELIMINARY COST ESTIMATE
The following is a breakdown of the estimated permitting and construction costs
associated with this project:
. Site Planning and Engineering Fees - $20,000.00
. Environmental Permitting - $20,000.00
. Site Improvements - 10,000.00
. Wood Boardwalk - $15,000.00
. Gangway and Floating Platform - $30,000.00
. Sub-Total = $95,000.00
. 20% Contingency = $19,000
. Total Estimated Cost = $114,000.00
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Bob Bckolf
PRESIDENT
1850 S.E.17Ih Street,Sulte 106A . Fort Lauderdale, Florida 33316
Tel.: (954) 467-0008 Fax: (954) 728-8417
Mobi~; (954) 471,7538
www.watertaxLcom . j.-maii: rPekoff@watertaxLcom
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May 17,2005
Mayor Susan Gottlieb
City of A ventura
3201 NE 183 Street, Suite 803
Aventura, FL 33160
Dear Mayor,
Attached you will find general information on Water Taxi with some history and future
plans. We are working on submitting a request through the South Florida Regional
Transportation Authority to the Florida Department of Transportation for a regional
transit grant. Contemplated is a regional service from southern Broward County to
downtown Miami on a daily, scheduled basis. The service would use environmentally
friendly, low wake catamarans. Depending on the level of support from all parties, the
service will have a frequency of at least 8 trips per day.
To establish a stop in Aventura, it will be necessary to have an ADA compliant landing,
preferably with sufficient parking at the site. I have also enclosed photos of an example
of a landing. We have gained a lot of experience in the permitting process necessary, and
we are glad to put you in touch with the professionals who have assisted us.
I look forward to meeting with you at your convenience, and I can assure you that
waterborne transit is the solution to many of South Florida's congestion problems.
v~ yours,
b~
Bob Bekoff
President
1850 S.E. 17th Street. Suite 1 06A. Fort Lauderdale, Florida 33316
(954) 467-0008 . Fax: (954) 728-8417 . www.watertaxi.com . info@watertaxi.com
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WATER TAXI, INC.
Comoanv Historv
Water Taxi began its water based transportation service in October 1988 with just one boat. Later
that month, Canal Cab Inc. commenced operations with three leased boats. In April 1989, Water
Taxi and Canal Cab merged and fanned the present Water Taxi, Inc. Bob Bekoff, the founder of
Canal Cab, became President of Water Taxi.
Water Taxi has (15) boats in its Florida fleet and carries over 550,000 people per year, with 60%
of them being tourists. Part of the service is event-style transportation, such as historic tours,
"Mansion & Marina" city tours, scavenger hunts, progressive dinners, murder mystery trips, and
a new "Safari" tour, which includes a narrative on the local ecology, history, who's who, and
marine industry facts. In 2001, a scheduled Waterbus service replaced the on call method, and
has proven to be extremely popular.
Since its inception, Water Taxi has become an integral part of Fort Lauderdale's business
community. Much of the city's business activity occurs along its canal and river systems, and
Water Taxi has been able to provide an alternative mode of transportation to many of the hotels,
shopping centers, restaurants, and nightclubs located at or near the waterfront.
On July 2, 1999, Water Taxi began service in Oklahoma City on the new "Bricktown Canal"
Entertainment Area, where we use six (40) passenger boats, which can be converted to small
dinner cruisers. The "Bricktown Canal" Entertairunent Area is part of a $370 million dollar
urban renewal project. The operation has been an overwhelming success, exceeding all
expectations, carrying over 120,000 passengers a year. With the recent opening of a Bass Pro
Shop on the canal, business is expected to increase dramatically.
Water Taxi began service on The Woodlands Waterway under contract to Brazos Transit District
on July 1,2004. Six air-conditioned electric drive taxis, each carrying 50 passengers supply 10.
15 minute frequency on the 1.\4 mile canal.
A new ferry service on the Oklahoma River in Oklahoma City will begin in the summer of2005.
1850 S.E. 17th Street. Suite 1 06A. Fort lauderdale, Florida 33316
(954) 467-0008 . Fax: (9S4) 728-8417 . www.watertaxLcom . info@watertaxLcom
~~~w~~.~J~!~vi/~_
Daily Water Taxi
Water Taxi...More Than Just A Boat Ride!
Take our on-time, scheduled service to and from restaurants, shopping areas, theaters, marinas
and water front attractions. Water Taxi is available to you from over 20 stops.
Call 954-467-6677 for information or go to www.watertaxi.comforacomplete list of all our
stops and times.
FARES:
All Day Pass
One Way Adult
One Way Senior/Disabled/Youth
3-Day Pass
7-Day Pass
31- Day Adult Pass
31-Day SeniorlDisabled/Y outh
6-Month Pass
Annual Pass (365 days)
$ 5.00
$ 4.00
$ 2.00
$ 10.00
$ 20.00
$ 35.00
$ 17.50
$ 85.00
$ 150.00
F eel free to bring a beverage or small cooler on board. You can ride around or go to a particular
destination. Just ask the captain to tell you about the "hot" spots, where to go and what to do.
We are proud of our waterways and look forward to the opportunity to show them to you.
Private charters are available for groups up to 500.
Fort Lauderdale
Waterfront Restaurants and Hotels
Beach Place
Las alas Riverfront
Bar Hopping
Galleria Mall
Shops of Las alas
Broward Performing Arts Center
Museum of Art
Ft. Lauderdale Beach
2nd Street Clubs and Restaurants
1850 SE 17th Street, Suite 106A . Fort Lauderdale, Florida 33316
(954) 467-0008 . FAX: (954) 728-8417 . www.watertaxi.com . info@watertaxi.com
MAP OF
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Regional Water Transit Opportunities
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Charter Services
offers you...
Mansion and Marina Waterway City Tours
History Tours · Reception, Lunch or Dinner Package
Sunset Cruises · Scavenger Hunt · Dine Aboard
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Effective
May 2, 2005
Standard ty~e 10:15 10:35 10:36 10:45
11:00 11:20 11:21 11:30
indicates AM ours 11:45 12:05 12:06 12:15
Bold type 12:30 12:50 12:51 1:00
indicates PM hours 1:15 1:35 1:36 1:45
2:00 2:20 2:21 2:30
Whistle Stops 2:45 3:05 3:06 3:15
(hail a passing 3:30 3:50 3:51 4:00
4:15 4:35 4:36 4:45
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5:45 6:05 6:06 6:15
6:30 6:50 6:51 7:00
7:15 7:35 7:36 7:45
8:00 8:20 8:21 8:30
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- The Stops -
1. Shooters
J's
Charley's Crab
2. Sunrise Harbor
3. Doubletree Guest Suites
Galleria Mall
Borders
4. Seville Street
Sheraton Yankee Trader
Shula's
5. Beach Place
Las Olas Marina
Marriott Towers
6. Pro Dive
Fort Lauderdale
Oceanfront Hotel
Stop Temporarily Closed
7. Bahia Mar
Florida TaQ Room
Radisson Bahia Mar
Fort Lauderdale Beach
8. Fire Station
Marriott Harbor Beach
Sheraton Yankee Clipper
Best Western Oceanside
Jungle Queen
9. Hyatt Regency Pier 66
Grille 66
9A. Best Western Marina
___To: ~
10. Convention Center Campus
Marina Marriott
Broward Cou nty
Convention Center
Renaissance Hotel
11. 15th Street Fisheries
Lauderdale Marina
12. SE 9th Ave.
Mangos
Shops of Las Olas
12A. Abreu Park (Whistle Stop)
13. Riverside Hotel
Stranahan House
14. Carrie B
(Whistle Stop)
Jackson Steakhouse
15. New River Village
(Whistle Stop)
16. Bubier Park (Whistle Stop)
Museum of Art
Sun-Sentinel Bldg.
17. Downtowner Saloon
18. Las Olas Riverfront
19. Shirttail Charlie's
20. River House
Performing Arts Center
MODS
SW 2nd St.Clubs
& Restaurants
Broward
Boulevard
SE
9th
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Andrews
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SE
3rd
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Blvd
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Holly---- \
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EffeCtive December 4, 2(}04
Tuesdays & Saturdays
Fort Lauderdale
departs 8:45 am / returns 7:00' pm
Hollywood
departs 10:00 am / returns 5:45' pm
("approximate times)
Includes free Electrowave Bus Pass.
Plenty of free time to stroll, explore and enjoy !
the sights and sounds of South Beach. Browse I
the many fine shops and enjoy the cafes, '
Reservations are required (954) 467-6677
Walk ups ore not guaranteed a seat,
waterlaxi.com
SOBE/DH- 1 0;04
Printed in U,S.A
,~~. .
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See the sights and sounds of
Fort lauderdale and Miami'
Since Fort Lauderdale and Miami are renowned for their endless miles
of waterways, Water Taxi provides groups the opportunity to see our cities
from a unique perspective. Nothing can compare to the relaxing feeling
one experiences while being on and around the water.
Mansion and
Marina Waterway
City Tours
See how the rich and famous live!
Experience dose up views of the
millionaires' mansions and marinos.
History Tours
Travel back in time and learn more
about South Florida's intriguing past
while cruising the waterways in
Fort Lauderdale or Miami.
Reception
Lunch or
Dinner
Package
"A floating reception plus
a meal". Enjoy a narrated
scenic cruise complete
with unlimited beer, wine,
soda and trays of canapes. Then enjoy your meal selected from a set
menu at a waterfront restaurant - Water taxi will take care of all
arrangements.
Sunset Cruises
Cruise as the sun sets in the horizon and the
skyline turns neon. Enjoy a narrated scenic cruise
complete with unlimited beer, wine, soda and
trays of canapes. Option: We'll drop you at a
waterfront restaurant, then return you to your des.
tination for an extra charge.
Scavenger Hunt
Perfect as team building - incentive program,
employee recognition or iust as a hm activity on
the water! Participants on teams follow a path of clues or search for
a list of Florida based objects in order to win this challenging contest
on (and off) the water. You get a complete event with beverages,
cameros, clues, judges, and medals.
Murder Mystery
For groups that enjoy on event filled with
intrigue and excitement, Water Taxi has the
perfect "Who done it" adventure. It storts with
the perfect murder, then it is up to your group to
decipher 011 the pertinent clues along the way.
The ultimate gool... solve the mystery and
uncover the murderer!!!
The Great
River Safari
Enioy this combinotion tour. See the millionaires'
mansions and marinas, then head up the New
River and hear the stories about our earliest
settlers. See where the mega yachts of the
world are serviced and built os you learn about the marine industry.
Then be transferred right in nature's path as we head through a
densely tangled mangrove forest and finish with 0 ride through
Port Everglades.
Dine Aboard
Are you looking for the perfect intimate informal setting for your
group? Enjoy a relaxing cruise along the beautiful waterways while
your guests are being served a delicious meal onboord (different
packages available). Available for breakfast, lunch & dinner charters.
Private Charters
Water Taxis can be hired for your exclusive use for private and
corporate events, weddings, transfers to restaurants,
shopping, filming, birthdays, shutt/es to festivals,
sporting and cultural events. You pick the place
and if it's on the water... we can get you there!
Bulk Ticket Sales
For groups that do not want a structured
program, consider purchasing tickets to use on
our regularly scheduled Fort Lauderdale service.
We offer: All Day, 3 Cansecutive Day and
7 Consecutive Day Passes.
) ~ W. "tuj
Call: (954) 467-0008 / FAX: (954) 728-8417
watertaxi.com / e-mail: info@watertaxi.com
@ Copyright 2001 Water Taxi, Inc.
Printed in U.S.A.
- - ~~
~
_ I1IIIf
-
-
-
-
tV aI.e4 J 04j
2005 RATES
HOURLY TRANSPORTATION
GROUP TOURS
up to 27 Passengers
- 2-hour minimum in Fort Lauderdale -
$250 per hour within regular service area
not available in Miami
Fort Lauderdale & Miami - per person
Mansions & Marinas (1 1/2 hours)
History Cruise (2 hours)
Scavenger Hunt (2 hours)
Sunset Cruise (11/2 hours)
28 to 49 Passengers
- 2-hour minimum in Fort Lauderdale -
$450 per hour within regular service area
· For Miami transportation see comment below
Fort Lauderdale Only - per person
Water Taxi Dine Around* (minimum 40
passengers) * price includes transportation only
Reception & Lunch
Reception & Dinner
WLunch Cruise (minumum 30 passengers)
50 to 70 Passengers
- 2-hour minimum in Fort Lauderdale -
$650 per hour within regular service area
* For Miami transportation see comment below
Minimum Tour Guarantee -per boa!
Fort Lauderdale 15 passengers
Miami 40 passengers
. Additional charge for travel time and/or wait time will apply
for Miami transportation only
. -, ~--
"-L,~f~
. ,
t' ~ '1 ,
$25
$40
$60
$50
$25
$80
$95
$30
Fort Laudel'dale - Bulk Ticket Sales Optional Refreshments & Appetizers
All Day Passes * 3 Consecutive Day Passes * 7 Consecutive Day Passes Beer, Wine, Soda & Waler onboard
F iTst Hour ~ $12 per person/inclusive
Pre-purchase: Additional Hours - $8 per person/inclusive
100-500 tickets - 10% Discount
501-1,000 tickets - 15% Discount Soda & Water onboard
1,001-2,500 tickets - 20% Discount First Hour '""' $8 per person/inclusive
2,501-5,000 tickets - 25% Discount
5,001-10,000 tickets - 30% Discount Canapes
10,001-25,000 tickets - 35% Discount Fresh From the Deli -$11 per person/inclusive
25,000+ - 40% Discount
651 Sea breeze Boulevard, Fort Lauderdale, Florida 33316
phone (954) 467-0008 . fax (954) 728-8417 . www.watertaxLcom . info@watertaxi.com
These rates are in effect for charters as of January 1,2005/ Updated 08/04104
ORDINANCE NO. 2005-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING
SECTION 2-396 "FURTHER ETHICS STANDARDS:
PROHIBITIONS AND RESTRICTIONS" AT
PARAGRAPH (C) "FURTHER RESTRICTIONS ON
TRANSACTIONS" BY RENUMBERING AND
REVISING EXISTING SUBPARAGRAPH (ill) TO BE
SUBPARAGRAPH (iv) AND BY CREATING A NEW
SUBPARAGRAPH (iii) TO PROHIBIT
INVOLVEMENT OF CITY PUBLIC OFFICERS AND
EMPLOYEES IN CERTAIN INVESTMENTS AND IN
CERTAIN REAL ESTATE TRANSACTIONS; AND BY
CREATING ARTICLE IX "CAMPAIGN FINANCE
RESTRICTIONS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE. BY
CREATING SECTION 2-420 "PROHIBITED
CAMPAIGN CONTRIBUTIONS FROM VENDORS".
TO CREATE RESTRICTIONS UPON THE MAKING
OR RECEIPT OF POLITICAL CAMPAIGN
CONTRIBUTIONS FROM VENDORS OF THE CITY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR INCLUSION IN CODE: AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura desires to adopt additional
supplementary ethics code provisions which expressly relate to investments and to real estate
transactions, and to further promote the ethical standards of the City by adopting campaign
finance reform provisions prohibiting political campaign contributions by City vendors; and
WHEREAS, the City Commission finds that the additional regulations and restrictions,
as provided herein, are in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:'
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confIrmed.
Section 2. City Code Amended. That Article VII "Code of Ethics" of Chapter
2 "Administration" of the City Code of the City of Aventura is hereby amended by
amending Section 2-396 "Further Ethics Standards; Prohibitions and Restrictions", to
read as follows:
Section 2-396 - Further Ethics Standards; Prohibitions and Restrictions
(c) Further Restriction on Transactions.
(i) In the event that during the term of office of a member of the City
Commission, the City Commission grants an application (the "City
Approval") for a rezoning, variance, conditional use, or zoning code or
comprehensive plan amendment, upon the application of a person or entity
(the "Zoning Applicant"), no person then serving as a member of the City
Commission at the time of the City Approval shall then and for a period of
two years after the issuance of the City Approval, regardless of whether
still serving on the City Commission, perform any services for or directly
or indirectly accept any financial remuneration, any financial interest in or
any special private gain from the Zoning Applicant or from any successor
or assignee of the Zoning Applicant, as a result of or in relation to any
development which is enabled to occur as a direct consequence of such
City Approval. Notwithstanding any provision of this paragraph (c )(i), the
restrictions and prohibitions of this paragraph (c )(i) shall not apply to a
member of the City Commission who has recused himself or herself from
participating in or voting upon the item of City Approval and has absented
himself or herself from the Commission meeting pertaining to such item.
(ii) This paragraph (c) shall not preclude the provision of services or the sale
or lease of goods by a member of the City Commission to persons who
subsequently, independently enter into a transaction with the developer,
'; Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existin~ City Code text are indicated bv slFiketllRllu!h: presentlv existing text is indicated by the absence of
any underlinin~ or slI'iI",lIlreygl!s.
2
owner or operator of the property developed as a result of the City
Approval solely by such person's purchasing or obtaining a lease for a unit
in a building which was enabled to be built or redeveloped as a result of a
City Approval.
(iii) Pursuant to Section 2-11.H 0) of the Miami-Dade County Code and as
further soecified herein:
Uti No member of the City Commission or anv City officer or
emplovee shall acquire a financial interest in a proiect. business
entity or property at a time when he or she believes or has reason
to believe that the said financial interest will be directlv affected bv
his or her official actions or bv the official actions bv the City or
City agencv of which he is an official. officer or emplovee.
ill Any member of the City Commission or anv City officer or
emplovee who participated in the City development approval
process concerning a residential development. shall be barred for a
period of two (2) vears following such participation from
purchasing directlv or indirectlv anv dwelling unit at a price which
he or she knows or should know is less than that which is then
being offered to the general public or from purchasing anv such
dwelling at a discounted price which he or she knows or should
know would constitute a gift requiring disclosure bv him or her
pursuant to Section 112.3148. Florida Statutes. In addition. at the
time of the closing of the purchase transaction. he or she shall file
with the City Clerk a disclosure affidavit confirming that anv
purchase made complies with this paragraph (iii)(b). The
disclosure shall be made on an official City form which has been
prepared bv the City Attorney for the purpose of disclosing anv
such purchases.
fffi1 (iv)The prohibitions of this paragraph (c), exclusive of subparagraph (iii)(a).
may be waived for a specific transaction by Resolution of the City
Commission which is adopted following a public hearing by a five-
seventh (517) (five member affirmative vote) of the City Commission, if
not contrary to other applicable ethics provisions, upon a finding that:
(1) The proposed transaction is consistent with the purposes of Article
VII of Chapter 2 of the City Code; and
(2) The transaction will not create or tend to create even the
appearance of any impropriety.
3
(d) Applicability to Firms, Business Entities, Business Associates.
The restrictions and prohibitions which are imposed by paragraphs (a), (b)
and (c) of this section upon any person, by virtue of that person's service
(or former service) as a member of the City Commission, shall also be
applicable to any firm or business entity in which such member of the City
Commission has an employment, independent contractor or material
interest and to any business associate of such member of the City
Commission. The terms "material interest" and "business associate" have
the meaning indicated by Section 112.312, Florida Statutes.
(e) Definitions.
Except as otherwise indicated herein or required by the context used
herein, the terms utilized herein which are defined in Section 112.312,
Florida Statutes, or in Section 2-11.1 of the Miami-Dade County Code,
shall have the meanings provided in such state statute and county code
provisions.
(f) Stricter provisions prevail.
Nothing in this section shall be construed to impair or diminish any stricter
ethical standards which are provided by Section 112.313, et. seq. of the
Florida Statutes, Section 2-11.1 of the Miami-Dade County Code or by the
provisions of the Charter and Ordinances of the City or by any applicable
federal law.
Section 3.
That the City Code of the City of Aventura, Florida, is hereby
amended by creating Article IX "Campaign Finance Reform", consisting of Section 2-
420 "Prohibited Campaign Contributions by Vendors", of Chapter 2 "Administration" to
read as follows:
Sec. 2-420. Prohibited CamDaie:n Contributions bv Vendors.
A. General. Prohibition. Disqualification. Definitions.
ill (ill
No vendor shall give a campaign contribution directlv
or indirectlv to a candidate. or to the campaign
committee of a candidate. for the offices of mavor or
commissioner. Commencing on the effective date of
this ordinance. all proposed city contracts. as well as
reouests for proposals ffiFPt reauests for
4
(Q)
ill
Qualifications (RFQ). requests for letters of interest
(RFLD. or solicitations of bids issued by the city.
shall incorporate notice of this section so as to notify
potential vendors of the proscription embodied herein.
No candidate or campaign committee of a candidate
for the offices of mavor or commissioner. shall
deposit into such candidate's campaign account anv
campaign contribution which is received directly or
indirectlv from a vendor. Candidates (or those acting
on their behalf) shall ensure compliance with this
code section bv confirming through examination of
the official vendor list which is posted on the City of
A ventura website to verify the vendor status of anv
potential contributor. A candidate or the campaign
committee of a candidate shall not be in violation of
this paragraph (b) if the vendor was not listed as a
vendor in the City website at the time that the
contribution was received or deposited so long as the
candidate or the campaign committee of a candidate
did not know that the person or entitv was a vendor of
the City.
Each act of giving or depositing a contribution in
violation of this section shall constitute a separate
violation. All contributions depOsited into a
candidate's campaign account in violation of this
section shall be forfeited to the city's general revenue
fund.
ill W A person or entity. other than a then existing vendor.
who directlv or indirectlv makes a contribution in
violation of this section to a candidate who is elected
to the office of mayor or commissioner shall be
disqualified for a period of 12 months following the
swearing in of the subiect elected official from
serving as a vendor with the city. A then existing
vendor who directlv or indirectlv makes a
contribution to a candidate who is elected to the
Office of Mavor or Commissioner. shall be
disqualified from serving as a vendor with the City
for a period of twelve (2) months from a final
finding of a violation of this section. or from the time
of action on a waiver reQuest bv the City Commission
pursuant to paragraph (8) below. in the event that a
waiver is sought by the vendor. In the event that such
5
waiver request for a particular transaction is granted.
the affected vendor shall nonetheless be diSQualified
from serving as a vendor with the City as to anv other
goods. equipment or services to be provided bv the
vendor to the City. bevond the vendor goods.
eouipment or services which are the subiect matter of
anv waiver which is granted. In the event such
waiver request is denied for a particular transaction.
the twelve (12) month disqualification period shall
continue to applv to both the particular transaction for
which the waiver was sought. as well as all other
vendor activities for the provision of goods.
equipment or services to the City during that twelve
(12) month period.
ill For purposes of this section. the term "disqualified"
shall be defined to include:
ill Termination of a contributor/vendor's
existing contracts with the city. subiect to
the applicable waiver provisions of
paragraph B herein: and
(ill Disqualification of a contributor's resoonse
to solicitation requests for prospective
vendor contracts with the city. subiect to the
applicable waiver provisions of paragraph B
herein.
ill As used in this section:
{!!1 Vendor. ill A "vendor" is a person and/or entity who has
been selected bv the City as the successful bidder
on a present or pending bid to provide to the City
goods. equipment or services. or has been approved
bv the City on a present or pending award to
provide to the City goods. equipment or services.
prior to. uoon or following execution of a contract.
or purchase order.
(ill "Vendor" shall include natural persons and/or
entities who hold a controlling financial interest in a
vendor entity. The term "controlling fmancial
interest" shall mean the ownership. directlv or
indirectlv. often oercent or more of the outstanding
capital stock in any corporation or a direct or
6
indirect interest of ten percent or more in a fIrm.
The term "firm" shall mean a corooration~
partnership. business trust or anv legal entity other
than a natural person.
(iii) "Vendor" shall not include City officers or
emplovees.
(iv) For purposes of this section. "vendor" status
shall terminate upon completion of performance of
the agreement for the provision of goods. eQuioment
or services.
(!ll Services. For purposes of this section. the term "services"
shall mean the rendering bv a vendor through
competitive bidding or otherwise. of labor.
orofessional and/or consulting services to the City.
including. but not limited to. the provIsIOn of
lobbving services to the Citv.
(f.i CamTJaifm Contributions.
The term "campaign contribution" shall have the
meaning which is ascribed to the term
"Contributions" pursuant to Section 106.011.
Florida Statutes. as amended.
B. Waiver oforohibition.
ill Criteria for Waiver.
The requirements of this section mav be waived bv
the affirmative vote of five members of the City
Commission for a particular transaction after a
public hearing, upon fInding that:
ill)
The goods. equipment or services to be involved in
the prooosed transaction are unique and the City
cannot avail itself of such goods. equipment or
services without entering into a transaction which
would violate this section but for waiver of its
reQuirements: or
(!ll
The business entity involved in the proposed
transaction is the sole source of supplv as
7
determined bv the City Manager in accordance with
procedures established bv the City Manager: or
~
An emergencv contract (as authorized by Section 2-
253(5) of this Code) must be made in order to
protect the health. safety or welfare of the citizens
of the City; or
@
A contract for the provision of goods. equipment or
services exists which. if terminated bv the City,
would be substantially adverse to the best economic
interests of the City.
(2) Limited Waiver.
Notwithstanding the denial of the City Commission
of a waiver request regarding the provision of
goods. equipment or services under an existing
contract pursuant to paragraph B( a) above. the Citv
Commission. mav bv the affirmative vote of five (5)
members of the City Commission after a public
hearing. grant a limited waiver concerning an
existing contract for the provision of goods.
equipment or services between a vendor and the
City upOn finding that in order to protect the health.
safety and welfare of the citizens of the City. it is
necessary that the affected contract be continued for
a limited duration (not to exceed a period of six (6)
months) in order for the City to obtain a
replacement vendor.
ill Full Disclosure.
Anv grant of a waiver or limited waiver bv the City
Commission must first be SUPpOrted with a full
disclosure of the subiect campaign contribution.
C. ImDlementation.
The City Manager is authorized to adopt additional
procurement procedures for goods. equipment or
services to implement this section. These
procedures shall provide for the assembly.
maintenance and pOsting of an official City vendor
list as referenced herein.
8
D. Pena/tv.
The Ethics Commission created pursuant to Miami-
Dade County Ordinance 97-105. shall have primarv
iurisdiction for enforcement of this Section 2-420 of
the Citv Code. A finding bv the Ethics Commission
that a person violated this section. shall subiect such
oerson to an admonition or public reprimand and/or
a fine of $250.00 for the first such violation. and
$500.00 for each subseauent violation.
E. AI1I1/icabilitv.
This section shall be applied onlv prospectivelv to
campaign contributions which are made or vendor
contracts which are entered into or prooosed to be
entered into after the date of adoption of this
section.
Section 4.
Severability. That 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.
Penaltv.
That Section 2 of the Ordinance shall be subject to
enforcement pursuant to City Code Section 2-394; and Section 3 of this Ordinance shall
be subject to enforcement as provided in new Section 2-420(D) as provided therein
above.
Section 6. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of A ventura; that the sections of this
9
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 7. Effective Date. That upon adoption on second reading this Ordinance
shall be effective immediately and shall be applied prospectively only.
The foregoing Ordinance was offered by
, who moved its
adoption on first reading. 1bis motion was seconded by
, and
upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
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 Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this _day of
day of
,2005.
_,2005.
Susan Gottlieb, Mayor
10
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
F:/328.001/0rdinances/Amending Art. VII, Code of Ethics And Creating Article IX of Chapter 2 6.20.05
11
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Identification of Student Counts for New Development
Recently when the City Commission met with Dr. Karp and his staff regarding school
construction and capacity issues, it was suggested that the City institute measures that
would assist the school in determining student counts for new developments in the City.
I have requested the City Attorney to review this matter and discuss various options for
the Workshop Meeting.
It may be possible that the City could adopt a Resolution or Ordinance mandating that
sellers of real property ask for the buyer to complete a questionnaire form prior to
closing the transaction, but not to mandate that the buyer in fact complete the
questionnaire.
EMS/act
CC01378-05
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ,:.0.
Eric M. Soroka, ICMA-CM, cr (an
June 28, 2005
ger
TO:
DATE:
SUBJECT: Billboard - Ives Dairy and Biscayne Boulevard
As requested by the City Commission the City Attorney and I met with a representative
from Clear Channel Outdoor to discuss the use of the subject billboard.
Clear Channel has agreed to place a City prepared display commemorating the City's
10 year anniversary on the left blank side of the billboard facing west.
We also explored the use of the billboard for commercial purposes in order to generate
funds for the Charter School. Clear Channel has indicated if the City agreed to move
the City advertisement to the left side of the billboard and use the right side of the
billboard, approximately $70,000 - $100,000 could be generated yearly for the school.
They would also agree to allow the City to approve the copy and prohibit tobacco, liquor
and adult entertainment advertising.
I have placed this matter on the Workshop Agenda to obtain direction regarding the use
of the billboard. I will pursue the advertisement for the 10 year anniversary.
EMS/act
CC01381-05
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO:
Eric M. Soroka, ICMA-CM, City Manager
FROM:
Bob Diamond, COmmiSSiOne\)
June 23, 2005 ~
Protocol for Issuing Keys to the City
DATE:
SUBJECT:
Please place on the July Workshop Meeting Agenda an item to establish the
protocol for issuing Keys to the City.
BD/act
CC01377-05
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City Manager
DATE: June 28, 2005
SUBJECT: Donation of Sculpture "The Sun"
Recently, Commissioner, Bob Diamond, contacted me about a City resident who
wished to donate a mosaic sculpture to the City;- The Commissioner and I met with Mr.
Silverman to discuss his proposal which is attached. A rendering of the Potenza
Mosaic Sculpture "The Sun" is also attached. \\
Mr. Silverman will agree to donate the sculpture to the City provided it is placed in the
lobby of the Government Center for at least 10 years and it will not be sold. I have
placed this matter on the Workshop Agenda for Commission approval to proceed with
this matter.
EMS/act
Attachment
CC01382-05
RO'PS & Associates
A;t consultants, Inc.
Ralfe O.P. Silverman.p~kMmt
.June 27, 2005
Mr. Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Gift of Potenza Mosaic Sculpture, "The Sun"
Dear Eric:
It was indeed a pleasurable experience meeting and visiting with you
and my friend, Commissioner Bob Diamond, to discuss the above gift.
The official name is "The Sun" by world renowned sculptor, Gianmaria
Potenza. It.s a vitreous enamel mosaic, two-sided turning sculpture.
The diameter is 70.30 inches. The base is stainless steel 27.35 x 27.35
x h 5.85 inches.
Selma and I will pay the shipping costs to have it delivered to City
Hall. The City will take care of the installation according to directions
from Maestro Potenza. Hopefully, the City will place it in the lobby on
the right side of the Pond and agree not to move it for 10 years and to
never sell it. We would also appreciate a suitable bronze plaque -
Gianmaria Potenza, Sculptor 1998 donated by Selma and Ralfe O.P.
Silverman 2005.
In order to interest your other commissioners and the mayor, we have
given you a CD slide show, catalogues and would urge you to go to
Potenza's web-site www.potenzaaianmaria.it and view his tremendous
new exhibition next to San Marcos Square in honor of his 50
JUN 28 200~ ~ ~ N~
OFfiCE Of THE Ott:.~....
2<JZ01 E..t<:..u.~Club~""" CITY MANAGER ~ ,#'
~. FLD1~3008
'1"BlL. 80&-""'-1007 ::Ir'.A:X. 806-48&-1746 O:mLL BOG-OO'7-7'S7S M
C. .
U"" rep. for Gtannlana Pol..r>~a, wand renowned an:i"L "'1d sculptor.
RO.OS & Associates
~~t consultants, Inc.
Ralfe O.P. silverman.P~~nt
Cont'd
years of sculpting. Click on "gallery" and it will open for you. You
might also want to explore his "installations" , "pittosculture" and
"mosaics" by clicking on "works". It is a great web-site and I believe
your associates will enjoy it.
In the meantime, thanks for pursuing this for us and I hope this will be
the beginning of an excellent relationship.
Iy yours,
~S-
Ralfe Silverman
~
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TBL~ BOtt: ~1t9-.1.00'7 F.A.X. BOG-486-1746 OIDLL BO~ B [)7-'7S78
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Uc;ll, rep. for Glann,arta PoL"'I"~a. world renowned arti..~ ""d sculptor.
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CITY CLERK SALARY SURVEY 3/05
Municipality Salary Car Allowance Years in office
f
Aventura $85,000 $200/month 1 0 years deW"'! /~; DtJi) /Al ).coif
28,000 (POPULATION) fI g? lJ7S' .1.S oj /J7 o/UT 11 -II IO;/Joo ;J6T I3c:#V5:
ff\oPOSE.D 31z..%
Bal Harbour Village $65,000 none 1 year
3300
Bay Harbor Islands $66,156 none 3 years
5146
Coral Gables $92,000 1 year
40,000
Doral $65,000 $500/month 1 year
24,000
Golden Beach $45,500 none 2 years
1,000
Hialeah $120,741 $150/month 22 years
200,000
Hialeah Gardens $54,000 3 years
20,000
Indian Creek Village $63,500 $200/month 10 years
35 $150/mo uniform allowance
Key Biscayne $75,922 $400/month 9 years
8,500
Miami $136,593 $800 3 years
350,000 (Deputy Clerk Salary $99,000)
Miami Beach $132,260 $400/month 10 years
92,000
Miami Gardens $73,000 none 1 years
100,000
Miami Shores $72,000 none 10 years
10,400
Miami Springs $73,000 none 11 years
14,000
North Miami Beach $99,618 $250/month 26 years
41,650
Pinecrest $82,583 $450/month 9 yea rs
19,000
Sunny Isles Beach $66,938 2 years
15,000
Sweetwater $81 ,835 27 years
14,000
West Miami $54,100 13 years
5,700
tlllrllrlO~
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