04-16-2015 Workshop Ci ty Commission
Aventura Workshop Meeting
April 16, 2015
Immediately following the Commission Meeting.
Executive Conference Room
19700 West Country Cluh Drive Aventura.Fl
REVISED AGENDA
1. Resolution to Support Craigslist Safe Haven Legislation (Mayor
Weisman)*
Future Action Required: Resolution
2. NALEO Conference (Commisioner Landman)*
3. Discussion - City Communications
4. Art in Public Places (City Manager)*
5. Request for Certificate of Appreciation (Commissioner
Weinberg)*
6. 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,305-466-8901,not later than two days prior to such proceeding.
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City M er
FROM: Mayor Enid Weisman
DATE: February 26, 2015
SUBJECT: Proposed Resolution to Support Craigslist Safe Haven Legislation
Please place on the April Workshop Meeting a request for a Resolution to Support
Craigslist Safe Haven Legislation. See attached CS/SB 286.
Thank you.
EW/elh
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Judiciary
BILL: CS/SB 286
INTRODUCER: Community Affairs Committee and Senator Diaz de la Portilla
SUBJECT: Classified Advertisement Websites
DATE: March 23, 2015 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stearns Yeatman CA Fav/CS
2. Brown Cibula JU Favorable
3. AGG
4. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE -Substantial Changes
I. Summary:
CS/SB 286 encourages the Department of Management Services and local governmental bodies
to designate safe-haven facilities in each county, which will provide a safe place to conduct sales
transactions for items advertised on classified advertisement websites, such as Craigslist.
The bill provides that the state and local governmental entities who provide safe-haven facilities
are generally immune from tort claims related to sales transactions at the facility.
II. Present Situation:
Online Transaction Safe-Haven Laws
In response to a continuing trend of crimes stemming from transactions related to online
classified advertisement websites, such as Craigslist, a number of police departments have
opened their lobbies and parking lots to citizens to complete the sales transactions. Conducting
transactions in police lobbies or parking lots deters crime for obvious reasons, including the
proximity of police officers and the likelihood of surveillance by security cameras.
In May 2014, after a series of robberies related to Craigslist transactions, the East Chicago Police
Department began "Operation Safe Sale." and offered the use of its headquarters parking lot and
BILL: CS/SB 286 Page 2
lobby to conduct transactions.' The police department even offered supervision during certain
hours.2 If supervision is not requested, the parking lot and police lobby are available for use for
transactions any time.3
In January 2015, the Virginia Beach, Virginia, Police Department launched the "Find a Safe
Place" initiative, in which it offered the use of the police department's lobby for transactions
arranged through classified advertisement websites.4 Police lobbies are available for use daily
during certain times.5 However, the police department prohibited transactions involving"large,
cumbersome household items, appliances and landscape care equipment," or"the sale of any
contraband, stolen property, or other illegal items."6
In February 2015, the Toledo, Ohio, Police Department announced it would be making
designated parking spots in front of one of its stations available for anyone to complete an online
sales transaction.
Florida police departments have also created safe havens at their facilities. In July 2014, the
Boca Raton Police Department, in response to "at least three cases in June where people were
ripped off by buyers when trying to sell something off Craigslist," offered the Department's
lobby and parking lot for transactions.8 Police in Delray Beach and Boynton Beach are also
considering a similar program.
On February 3, 2015, the Miami-Dade Board of County Commissioners (BOCC) adopted a
resolution directing the mayor to research and document the feasibility and advisability of
providing locations such as Miami-Dade police stations to serve as safe havens for Craigslist
transactions. The commissioners envisioned at least 4 locations in different areas of the county to
serve as safe houses. The resolution requires the Mayor to provide a report to the BOCC within
60 after the date of the resolution.9
III. Effect of Proposed Changes:
This bill encourages the Department of Management Services (DMS) and local governments to
establish state safe-haven facilities to conduct sales transactions related to classified
advertisement websites similar to Craigslist.
Juan Perez Jr., East Chicago Police Offer Up Their Lobby, Parking Lot for Craigslist Transactions,CHICAGO TRIBUNE,
(May 01,2014)available at http://articles.chicagotribune.com/2014-05-01/news/chi-east-chicago-police-offer-up-their-
lobby parking-lot-for-craigslist-transactions-20140501 1 craigslist-transactions-becker-lobby.
Id.
3 Id.
Becca Mitchell and Todd Corillo, Virginia Beach Police Offering Precinct Lobbies as a Safe Place for Craigslist
Transactions, WTKRNEwS CHANNEL 3,(January 27,2015)available at http:i/wtkr.com/2015/01/27/virginia-beach-police-
offering-precinct-lobby-as-a-safe-place-for-craigsl ist-transactions,%.
51d
6 Id
Angi Gonzalez, Toledo Police to Offer Safe Haven to Craigslist Users, WNWO NBC 24,(February 24,2015),available at
http://www.nbc24.com/news/story.aspx?id=1168859#.VQCK- nF9IA.
8 Kate Jacobsen,Boca Raton Police Ask Craigslist Sellers to Use Station Lobby,THE SUN-SENTINEL,(July 5,2014),
available at http://articles.sun-sentinel.com/2014-07-05i news/fl-boca-raton-craigslist-lobby-20140701 1 boca-raton-police-
station-lobby-craigslist-sellers.
9 Miami-Dade Board of County Commissioners,Res.No. R-126-15 (February 3,2015).
BILL: CS/SB 286 Page 3
The bill refers to a classified advertisement website as a web-based advertisement site that lists
items for sale or items wanted for purchase or acquisition. Safe-haven facilities are those
designated by state or local government as places where persons can effect sales transactions
safely.
The DMS is encouraged to designate at least:
• One state safe-haven facility in each county having a population of less than 250,000.
• Two state safe-haven facilities in each county having a population from 250,000 to less than
800,000.
• Four state safe-haven facilities in each county having a population of 800,000 and greater.
Based on the 2010 census, six counties would require four state safe-haven facilities, 15 counties
would require two facilities, and 46 counties would require one safe-haven facility.10
The suggested options for state safe-haven facilities are a state college or university, a Florida
Highway Patrol station, or another kind of public state office building. The bill encourages the
DMS to designate at least one indoor and one outdoor area for use during regular hours of
operation at each state safe-haven facility.
The suggested options for local safe-haven facilities include sheriff's offices and county
courthouses.
State and local governmental entities are not responsible for supervising, intervening in, or
facilitating a sales transaction at a safe-haven facility.
This bill makes state and local governments and their officers, employees, and agents immune from tort
claims arising from a sales transaction, unless the governmental officer or employee:
• Acts out of the scope of employment; or
• Acts in bad faith; or
• Acts with malicious purpose or in a manner exhibiting wanton and willful disregard for
human rights, safety, or property.
The bill takes effect July 1, 2015.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
As this bill encourages, rather than requires local governments to establish safe-haven
facilities. Therefore, the bill is not a mandate.
B. Public Records/Open Meetings Issues:
None.
10 Department of Management Services,2015 Legislative Bill Analysis(July 1,2015).
BILL: CS/SB 286 Page 4
C. Trust Funds Restrictions:
None.
D. Other Constitutional Issues:
Sovereign immunity originally referred to the English common law concept that the
government may not be sued because "the King can do no wrong." Sovereign immunity
bars lawsuits against the state or its political subdivisions for the torts of officers,
employees, or agents unless the public entity expressly waives immunity.
Article X, s. 13, of the Florida Constitution recognizes sovereign immunity and
authorizes the Legislature to provide a waiver of immunity. Section 768.28(1), F.S.,
provides a broad waiver of sovereign immunity. But by law, liability to pay a claim or
judgment is limited to $200,000 per plaintiff or $300,000 per incident*
This bill appears to provide absolute immunity, but only to the extent that an injury or
damages arise out of a sales transaction at a designated safe-haven. Accordingly, this bill
creates an exception to the broad waiver of sovereign immunity under s. 768.28, F.S.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
This bill may encourage more private buyers and sellers to engage in sales transactions
through websites such as Craigslist if a safe location exists for the actual exchange of
goods for money.
C. Government Sector Impact:
The Department of Management Services (DMS) and state and local government could
incur a fiscal impact due to the provisions of this bill relating to the designation and
operation of safe-haven facilities for sales transactions from classified advertising
websites. However, DMS and local governments are in complete control of the costs
because the creation of safe-haven facilities is voluntary.
VI. Technical Deficiencies:
None.
'' Section 768.28(5), F.S.
BILL: CS/SB 286 Page 5
VII. Related Issues:
An unintended consequence of the bill could be that a seller who advertises extensively on a
classified advertising website sets up shop daily in the designated safe-haven facility to conduct
business.12
The Board of Governors of the State University System indicates that making buildings on
campus available to the public for these transactions may prove difficult. Parking on most
campuses is extremely limited, and not provided on a free basis.13
VIII. Statutes Affected:
This bill creates section 501.181 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute — Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on March 17, 2015:
• Provides definitions for the following terms: "building," "classified advertisement
website," "department," "local safe-haven facility," "sales transaction" or
"transaction," and "state safe-haven facility."
• Encourages the Department of Management Services to designate a certain number of
state safe-haven facilities in each county depending on the population of the county.
• Encourages local governments to designate local safe-haven facilities.
• Provides that government actors are not responsible for facilitating sales transactions
and provides governments are not liable for the actions of the parties involved in the
transaction.
• Provides that governments and their employees or agents are immune from liability
for injuries arising out of sales transactions. Government employees may be liable if
they acted in bad faith, outside the scope of employment, or with malicious purpose
or in a manner exhibiting wanton and willful disregard for human rights, safety, or
property.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill's introducer or the Florida Senate.
12 Florida Department of Transportation, 2015 Legislative Bill Analysis(July 1,2015).
13 Board of Governors of the State University System of Florida, 2015 Legislative Bill Analysis.
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City Manager
FROM: Commissioner Denise Landman 1114/
DATE: February 11, 2015
SUBJECT: Request to Attend NALEO Annual Conference
Please place on the April Workshop Meeting Agenda a request to attend the Annual
conference of NALEO. See attached Conference Information.
Thank you.
DL/elh
NALEO 32nd Annual Conference
JUNE 17.19,2015 * ARIA RESORT&CASINO * LAS VEGAS,NEVADA
LAS VEGAS
32' ANNUAL CONFERENCE
TUESDAY.JUNE 16 WEDNESDAY,JUNE 17 THURSDAY.JUNE 18 FRIDAY.JUNE 19
Hoover Dam Tour
Water,Energy and Infrastructure
7:00-9:00 AM
.Offsite Event.Advance registration required.
Education Track: Education Track: Education Track:
School Testing Charter Schools&School Choice Teacher Quality
9:30.11:00 AM 9:30-11:00 AM 9:30-11:00 AM
Youth Homelessness Emerging Public Health Domestic Terrorism&Emerging Local
&Human Trafficking &Safety Policy Challenges Threats
9:30.11:00 AM 9:30-11:00 AM 9:30.11:00 AM
Conference Registration Health Issues: Immigrant Student Integration Boys and Men of Color
2:00.5:00 PM ACA Update&Long Term Care (DACA&DAPA) 9:30-11:00 AM
9:30-11:00 AM 9:30-11:00 AM
Ethics Effective Governance and Leadership Strategic Planning for Elected Officials
9:30.11:00 AM 9:30.11:00 AM 9:30-11:00 AM
1
Plenary Session: Public Safety and Democratic Presidential Forum Republican Presidential Candidate Forum
Community Engagement 11:30 AM-1:00 PM 11:30 AM-1:00 PM
11:30AM-1:OOPM
National Leadership Luncheon: National Leadership Luncheon: National Leadership Luncheon:
Nevada Political Leadership and Role of Commemoration of VRA Anniversary CIR/Executive Action Update
Latino Electorate 1:30-3:00PM 1:30-3:00 PM
1:30-3:30 PM
Opening Reception Evening Event:Cirque du Soleil Zarkana Evening Event:Las Vegas Night Life
6:00-8:00 PM 6:00-10:00 PM Experience
7:00-10:00 PM
I• •o•• FOR UPDATES,VISIT NALEO ONLINE: PREJMINARV DRAFT SUMMARY AGENDA.SUBJECT TO CHANGE.
W W W.NALEO.ORG/ANNUALCONFERENCE
VI RI
NALEO NALEO 32"D ANNUAL CONFERENCE REGISTRATION
JUNE 1T19,2015 * ARIA RESORT&CASINO * LAS VEGAS, NEVADA
TO REGISTER ONLINE VISIT: www.naleo.org/annualconference
FULL CONFERENCE PACKAGE
Access to all Conference Sessions, Meals,and NALEO Evening events
EARLY BIRD AFTER JUNE 5, 2015
Member $600 $700
New Member* $700 $800
Non-Member $800 $900
Spouse $500 $600
EO Staff $500 $600
(includes one-year membership)
HOTEL INFORMATION
Aria Resort&Casino
3730 South Las Vegas Boulevard I Las Vegas, NV 89109
HOTEL CONFERENCE RATE
Wednesday,June 17: $169.00 (++) per night
Thursday, June 18: $169.00 (++) per night
Friday, June 19: $199.00 (++) per night
A daily Resort Fee of$25.00 (++) will be charged in addition to the room rates.
This fee includes the following:
• Internet Access (in-suite and campus wide at City Center)
• Local and toll-free number phone calls
• Access to The Spa at ARIA Fitness Center
• Daily Newspaper
• Airline Boarding Pass Printing
RESERVING A ROOM FOR THE NALEO 32ND ANNUAL CONFERENCE
NALEO Conference participants must register for the Conference before being able to
reserve a room. Once your registration is processed online, you will receive a confirmation
e-mail with the link to the hotel for reservations under the NALEO Conference room block.
Please note that the hotel will not accept telephone reservations and the deadline to make
reservations at the NALEO group rate is Friday May 22, 2015.
ORDINANCE NO.2012-16
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
CREATING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY
BOARD" OF ARTICLE HI "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE OF THE CITY OF
AVENTURA, FLORIDA ; ESTABLISHING ADVISORY BOARD AND
PROVIDING FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City Commission desires to create an advisory board to assist the City in facilitating the
placement of works of art at City owned and/or operated parks, buildings and facilities.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA,FLORIDA,AS FOLLOWS:
Section 1. City Code Amended .That Division 6"Art in Public Places Advisory Board"of Article 3 "
Advisory Boards"of Chapter 2"Administration"of the City Code, is hereby created,to read,as follows:
DIVISION 6.-ARTS IN PUBLIC PLACES ADVISORY BOARD
Sec.2-201.-Creation,composition and qualifications.
A. There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the
"Board") consisting of five (5) members, including the Mayor, City Manager, who shall both serve by virtue of
their office, and three(3)residents of the City who shall be appointed by the Mayor, subject to the approval of the
City Commission. The resident members of the Board shall be appointed in accordance with procedures
established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve
on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to
Board service. The resident members shall serve for a two-year term and may be reappointed in accordance with
the process outlined herein.
B. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to
fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject
to approval of the City Commission in accordance with procedures established herein.
C. In the event that a member of the Board shall be absent and unexcused from a duly-called meeting of the
Board for three consecutive meetings, then, in that event, such member shall automatically be removed as a
member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or
letter prior to the Board meeting.
Page 1 of 4
D. The City Manager or his designee shall provide or designate necessary staff support for the Board.
Sec.2-202.—Process of Appointment of Board Members.
A. Individuals wishing to be a member of the Board shall make application to the City Manager on the forms
provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor.
The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager,
subject to the approval of the City Commission.
B. In recommending members of the Board,the following guidelines shall be considered:
(i) The resident membership of the Board should consist of persons who have demonstrated a strong
commitment to arts, including painting,photography, sculpture and other art forms.
(ii) Reasonable efforts should be made for the membership of the Board to be representative of a range of
comprehensive adult age groups.
Sec.2-203.-Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Mayor and City
Commission. The City Manager, by virtue of his office as City Manager, shall be responsible for
communicating to the City Commission the actions of the Board.
Sec.2-204.-Rules of procedure; quorum.
A. The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the
State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure
for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B. The Mayor shall serve as the Chairperson and the City Manager shall serve as the Vice-Chairperson.
C. Three (3) members shall constitute a quorum for the transaction of business of the Board. Official action
shall be taken by the Board only upon the concurring vote of a majority of the members present at an official
meeting of the Board,except that at least three(3)affirmative votes shall be required for official action.
Sec.2-205.-Mission;jurisdiction and duties.
A. The mission of the Board is to assist the City in identifying, selecting and obtaining works of art for display in
City owned and/ or operated parks, buildings and facilities, in order to further enhance the diverse array of
cultural and educational opportunities which are available within the City. The Board shall develop proposed
protocols and guidelines for achieving that mission,subject to approval by the City Commission. Further,the fmal
decision on the acceptance, placement and display of specific works of art at City owned and/or operated parks,
buildings and facilities shall be subject to the approval of the City Commission.
B. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and
Mayor,who shall confer as to the presentation of the recommendation of the Board to the City Commission.
C. The Board shall meet monthly as needed as determined by the City Manager.
Page 2 of 4
Sec.2-206.-Standards of conduct for members.
All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees, as set
by Federal, State, County, City or other applicable law pursuant to City Charter Section 7.03 and must file the
appropriate financial disclosure forms.
Section 2. 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 3. 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
Aventura,that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions,and
that the word Ordinance shall be changed to Section or other appropriate word.
Section 4. Effective Date. That this Ordinance shall be effective immediately upon adoption on
second reading.
The foregoing Ordinance was offered by Commissioner Diamond,who moved its adoption on first reading.This motion was
seconded by Commissioner Weinberg.and upon being put to a vote,the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stem yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg absent
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Diamond who moved its adoption on second reading.This motion was
seconded by Commissioner Joel and upon being put to a vote,the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Page 3 of 4
PASSED AND ADOPTED on first reading this 4th day of September,2012.
PASSED AND ADOPTED on second reading this 2°d day of October,2012.
S ottli ,Mayor
ATTEST:
4 sa M. So oka, iI
Clerk
Approved as to Form and Legal Sufficiency:
e4 /141 tl/
City Attorney
Page 4 of 4
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City Manager
FROM: Commissioner Howard Weinberg
DATE: April 13, 2015
SUBJECT: Request for Certificate of Appreciation
Please place on the Workshop agenda my request to recognize the APMA (Aventura
Property Managers Association) for their scholarship program wherein they award
scholarships to deserving employees (all of whom work in Aventura). The funding for
the scholarships is derived from the APMA membership.
Thank you.
HW/elh