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01-21-2016 WorkshopThe City of CityCommission AiTei urs Workshop Meeting January 21, 2016 fE,^" Immediately following Special Meeting 19200 west Country Club Drive * Aventura, FL * 33180 Executive Conference Room AGENDA 1. Resolution Supporting Governor's Proposed Reforms for Enterprise Florida (Mayor Weisman) Future Action Required: Resolution 2. Review of City Wide Bicycle Sharing System RFP (City Manager) * 3. Proposed Code Amendment to Establish Drainage Maintenance Standards for Commercial Properties (City Manager) * Future Action Required: Ordinance 4. Projects Approval (City Manager)* 5. Lehman Causeway Overpasses (Commissioner Weinberg)* 6. Art in Public Places Advisory Board Appointments (City Manager) * 7. Miami-Dade County League of Cities Installation Dinner — February 20, 2016/Dade Days (City Manager) * 8. Discussion on Civil Citation/MOU (Mayor Weisman)* 9. 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 Manager FROM: Mayor Enid Weisman DATE: December 3, 2015 SUBJECT: Resolution Supporting Governor Scott's Proposed Reforms for Enterprise Florida Please place on the January Workshop Meeting Agenda a discussion on adopting a Resolution Supporting Governor Scott's proposed reforms for Enterprise Florida. The Governor's proposals endorsed by Enterprise Florida include: • Creating a new $250 million competitive fund called the "Florida Enterprise Fund." • Making the Florida Enterprise Fund a state trust fund to replace the existing escrow account to allow the state's investment to accrue more interest. • Increasing the Legislature's role in competing for job creation projects by requiring that any deal over $1 million have the approval of the Speaker of the House and the Senate President, as well as the Governor. • Reforming the return on investment requirements by eliminating the use of waivers and requiring a 10 percent annualized return on top of the original amount invested in a company. • Streamline the state's approval process while continuing to ensure that no tax dollars leave the state trust fund until a company meets specific job creation goals spelled out in their contract. Thank you. Dear Mayor Enid Weisman: RICK SCOTT GOVERNOR November 9, 2015 Florida is on a mission to be the global leader for jobs, but to do that, we must improve the current incentive process and fully fund Enterprise Florida. We are competing against states like Texas, our number one competitor, every day for jobs in communities just like yours. If we don't have the resources, we won't be able to continue recruiting job creators and helping existing Florida businesses expand. Our economic reforms will do the following: • Create a new $250 million competitive fund called the "Florida Enterprise Fund." • Make the Florida Enterprise Fund a state trust fund to replace the existing escrow account to allow the state's investment to accrue more interest. • Increase the Legislature's role in competing for job creation projects by requiring that any deal over $1 million have the approval of the Speaker of the House and the Senate President, as well as the Governor. • Reform the return on investment requirements by eliminating the use of waivers and requiring a 10 percent annualized return on top of the original amount invested in a company. • Streamline the state's approval process while continuing to ensure that NO tax dollars leave the state trust fund until a company meets specific job creation goals spelled out in their contract. I need your help to get these important reforms across the finish line in the legislature. Please help me by: 1) Sending out the attached press release in support of these critical reforms. THE CAPITOL y@FLGovScott TALLAHASSEE, FLORIDA 32399 • (850) 717-9249 w .FLGovxom November 9, 2015 Page Two 1) Visiting www.enterpriseflorida.com/contac ourle isg lator today to voice your support. I'm confident that with your support we will get these important reforms in place, unseat Texas as the top winner for job projects in the country, and diversify our economy by creating more jobs for families in high-growth areas. Thank you for your support. Sincerely, rz 1� Rick Scott Governor CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, DATE: December 16, 2015 SUBJECT: RFP: City Wide Bicycle Sharing On November 13, 2015, the City received only one response to our RFP No. 16-11-13- 2 for a City Wide Bicycle Sharing System for B -Cycle. In accordance with City Ordinances, on December 4, 2015, City staff met with the representatives from B -Cycle to review the proposal and seek answers regarding some aspects of the proposal. I have placed on this item on the Workshop Agenda for the following reasons: • Provide for B -Cycle the opportunity to present their proposal to the City Commission and answer any questions you may have. • Review possible cost alternatives for implementation. • Obtain direction from the City Commission as to how we may proceed with this project. I have attached the B -Cycle PowerPoint from their December 4, 2015 presentation. I will provide cost alternatives for implementation at the meeting. If you have any questions, please feel free to contact me. EMS/act �� BCycle - Ayentura Bike Share It Av!pntura Bike Share - - December 4, 20-15 1Y, � Demonstration Operations Questions Discussion =HMM�=%lMMMMM- �cyc 40+ Communities 5.6 M Tri ps Stations 900+ Bikes $,000+ rA- -., P. W6 -r" JESMo —Bike Share -E L*Ink DAYTON BIKE SNARE 9 Inde � oma. McALLENO—y�� DESM�ON �gOMANA SAVANT PHILADELPHIA INDIANAPOLISCBROWA OLU UKEE BOULDER TANBURG ANNARINH N01 RAPIDCITY AUSTIN ;ClTVDEN+VER DAY Cycle 4DCycle Leaders in world class bike share systems Our systems work and work well Launched on time, on budget Systems operating on 2 continents Owned by rjj�l TREK ID:Connected Best -in -class product. Period. Under promise, over deliver. Continuous improvement. We take care of our customers! _ Cycle The Benefits of Station Based Bikeshare System: - Intuitive to use, accessible - Provides structure and order - Instant on system - Secure: only double locking system in industry - Dedicated bikeshare docks (no negative impact on shared, pre-existing bike racks) - Strong sponsorship & brand identity 1 RI station Based =USE Fargo • +20 trips per bike per day • 5.5 trips per bike per day Philly • 3 trips per bike per day Denver • 2 trips per bike per day ar, Leaders in world class bike share systems BCycle - Best in Class Product B".FCvcle2.O 1Y, S III Adjustable Seat Refined Frame Enlarged Ad Panels Fully Enclosed Chain -guard Enclosed Cables 4Y C. I nteg rated Bell Adjustable Caddy I nteg rated 0 Lighting Generator Hub World Class Improved Solar Efficiency Backlit Option Optimized Touchscreen High Capacity Electronics 1(INI)Zr7IN Consumer Website Online User Profile Mobile Friendly Operator Back -End Smartphone App Screen Connect Optional Active GPS Fm.vu. F e cnre� r 8 ©emorneedmo deltlee ® � Rir rr.re � p1 MOMpomery Sr LI Pers Pa�m,� r>em�, s• � �" 5 Vxbn B�rtne 3035e[anB in. ge"lor o,�y, -1 Plnz ]R r� �enew�� •eeme�u��11e "�� DQ+�� 4-4 .. Mnrwr WeetY m a�.a n�� w Complete Software Package lI3 I Map 1 Satei'�te p a' c dal i _ r W 40� m 4 A✓E 3 U h � + dtp`9CC 3 �ti Shorewood University of 01 Wisconsin -Madison ti S Hills 1% I rncrlal lJniri� `c� "n1!�r�letiar'�d Hilldsle Shopping Center n madwan o Kendgl[ Pve�e y ��nxsr • Camp Randall Stadium :: `d w peannvg Izgenl ::i Regent St -n[ St S HL4 dr Q ma Monona Pfla m Henry Vitas 200 5 ��° rdayavd kewogla ,'� y walio,Aye y Qddnd Rd p geYvbScwm or r P 0 - a � Ddana Hills Golf Cni Ir;a 4-� � Alliant Energy Center n *arm aw o '— �P� Universi[yaf 18 Wis corm in-r0adkon... ly Ilarni"VNIVY Rd • / W Badger Pd it .;-• Capi[al Sprir i, l I %� `z °nam. Nap daL2 :201.5 G°rxfte Fecrea[ro Tem s of UJ Repan, a map error Complete Software Package III Tow- ietlay- . o.' OkH Md oHe 4� SfHn`M. 250 h4k-1 25 stations downtown I ndy Q4k"haeaiS easy. attordabli - and tons DI t,-ni IYWIN RIM11" ti _r Virtual Multiple a Custom Kiosk Languages connected Branding Mobile Friendly User Website 0 greenbikeslc org C a tlenver-bnycle com L' D madison,6ryce.com a (' GREENOike. DENVER O_ �— MADISON Welcome to Madison c p o 3 -cycle V. Il:; T < I A — Smartphone App and Open API 1 Memorial Union 1. n O 04 09 Q� v m ' © VISltwabeIN > Y O 0 �� °i g•Na Il a•ap O w SNedPPro9rem - ti ww Mobile Friendly Operator Website MADISON Off— �.aa ,ire -a wda O O O O 0O0_'� Q 08 C O U O O O , w. O O Go-,gle.Fl 'cww,. ., V�� . ' �i...�uw��.. ., O �� .. ,M�`�m. ..m. auY,w".•.Fl..,.. Balancing Solar Repairs Inspection 09" 00' ® • ° a=rvy 9� O �® o 09 O a® O- • s /'� • � � Connecting the transportation ecosystem � • - TAP • I� Leaders in world class bike share systems 0 RIDESCOUT a BCycle - Transit Integration CRR EGO IVB a RIINI)r s Multiple Avenues of Access: - Credit/ debit card - Smart phone app (with RideTap) - NFC (phone, Apple Watch) - Cash payment (with PayNearMe) - BCycle RFID card or fob - Student ID - Transit Card = Social Equity 111MMEr- Public Transit Integration Integration with transit • Fare card integration Payment and account integration all •e000 Verizon r 3:31 AM 1 *1 23% -) I paynearme.com I Elm kq MIS M- Help Espanol 7 -Eleven Store Associate Instructions 1. Load exactly $15.00 2. Press the LOAD Button 3. Scan this Barcode nAvuDs 1111111111111 Illllllllllllllllll IIII LOAD LIKE A GIFT CARD 4. Get Payment from Customer 5. Give Customer the Receipt < CTJ C� ❑� Business Plan Development Funding & Sponsorship System Demonstrations Operational Marketing Contracting Development Implementation Permitting & Site Selection Construction Software Bike Build Setup ,,B -Cycle Stabon #37 & #38- Pinckney St & E. Was hingtor -20'8" x 6 SPACE > -7 DOCKS -BOLTED 00 -ROW -AICSfte A -4 BAS! PLATES KIOSK, -1 ENV CAPSFO a 51 x 9"' 5 X4 '6- Station Install, Training & Testing System Launch Warehouse & Website Call Center Hire & Train Office Setup Launch �aeE� Educate & Sell Launch Event Operations Rebalancing Bike Customer Station Maintenance Service Maintenance Sales & Weather & Marketing Emergency Response r16I Operations- Broward BCycle • Municipal Relationships • Station Expansion • Budget • Program Planning • Reporting • Tech Manager • Office Admin • 4 Maintenance Techs • Event/ Marketing Support • Tier 1 • Email, Phone, Website Communicatio • Member Fulfillment • After Hours Call Center • Station • Marketing & • Scheduling Balancing Branding • Payroll • Station and • Sponsorship & Bike Health Advertising • Results Reporting • Station • Social Media & Cleaning Special Events • Office Upkeep • Truck • Graphic Design • Account Management • Community Outreach Customer Service- we stay with you the whole ride Warranty Customer Operational 24/7 System Software Support BCycle World & Parts Service Support Monitoring & Upgrades The B -cycler 6CYde Four One OneWim scan Vona -Berg de • WORLD 2015 i- Ayr - ,aft Leaders in world class bike share systems .1, 1�0 111MIJEr 1()Cycle Most Experienced Team in Bike Share On Time and On Budget Proven Products that Work Continuous Improvement and Innovation You are Part of Our BCycle Family Owned by IV, Trr��c DENVERG-9,--/- Love you guys! - 1/6/15 Nick Bonenkamp Executive Director, Denver BCycle a t�&U SXSW loves Austin B -cycle Austin B -cycle sets North American Ukeshare record usage I wanted to let you know that your system performed extremely well under the heavy usage. We put BCycle to the test during SXSW, and I think we can say the system was up for it. / Elliott McFadden Executive Director, Austin 4k P//001 9 q It was a joy working with the BCycle employees. Mark Kleven and the implementation team did a fantastic job keeping us on track prior to launch. They went above and beyond to ensure success in Indianapolis Karen Haley Executive Director, Indianapolis Cultural Trail Thank You! CITY OF "ENTURA OFFICE OF THE CITY MANAGER TO: City Commission FROM: Eric M. Soroka, ICMA-CM, C' ar DATE: December 14, 2015 SUBJECT: Proposed Code Amendment to5�11stablish Drainage Maintenance Standards for Commercial Properties RECOMMENDATION It is recommended that the City Commission adopt a City Code amendment to Section 30-191 entitled "Property Maintenance" to establish drainage maintenance standards for commercial properties in the City. BACKGROUND Since the incorporation of the City, many improvements have been made to the stormwater system throughout the City, including upsizing pipes, adding drainage pipes where none was available, and increasing capacity to the existing system. In fact, over $10 million, including State funding, has been spent on these improvements over the past 19 years. The City continues to monitor the system and include projects in our Capital Improvement Program, to improve drainage and reduce flooding. Some of our older commercial properties in the City have not kept pace with the City's improvements and despite their own efforts, we have witnessed flooding of parking lots during storm events. This reflects poorly on the City as many don't understand that the City is not responsible for maintaining these private properties. The City's Code of Ordinances contains a section outlining property maintenance requirements. Currently, the Code provides that "adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater." It is recommended that the following language be added to Sec 30-191 entitled property maintenance: Further, all commercial parking lots and other commercial property paved areas shall be maintained in a good state of repair, which shall include proper drainage and the routine cleaning/clearing of drains by the property Memo to City Commission Page 2 owner or operator to prevent the accumulation of pools of water and the correction and removal of all ruts, potholes, and broken pavement. The property owner or operator of any commercial parking lots or other commercial property paved areas shall not allow the accumulation of stagnant water in excess of two (2) inches in depth for a period of time exceeding twenty-four (24) hours. The term "stagnant water" is defined for the purposes of this paragraph as an accumulation of water, whether from rain or other sources, regardless of volume or dimensions , which is not moving or not flowing, or is substantially motionless, and may become foul, stale or may promote the breeding of mosquitoes or other insects. After consulting with our City Engineer and reviewing drainage standards adopted by other Cities, the additional requirements are reasonable and will serve to protect our residents and visitors utilizing our shopping centers as well as the individual shop owners. If you have any questions, please feel free to contact me. EMS/act CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci a ger DATE: December 16, 2015 SUBJECT: Projects Approval A. Turnberry Way Sidewalk Since the opening of Beit Edmond J. Safra Temple years back, there has been safety concerns for the members walking to services along Turnberry Way. Currently, a sidewalk exists on the west side of Turnberry Way requiring members to cross in the middle of the road in a crosswalk. Over the years, the City has requested the neighboring condominium, Turnberry Towers, to provide an easement for the construction of a sidewalk on the east side of Turnberry Way. Recently, the Board of Directors at Turnberry Towers agreed to grant the easement to the City for the installation of the sidewalk. It is recommended that the City Commission authorize $32,000 from the Street Maintenance reserve funds to implement this sidewalk project. The amount includes design, legal fees, survey work and construction. B. Community Recreation Center Acoustic Improvements Prior to the construction of the Arts & Cultural Center many of ACES's events were held in the gym in the Community Recreation Center. However, many of these events were moved to the Arts & Cultural Center due to better acoustics and sound equipment. Due to the limited capacity of the Arts & Cultural Center (325 seating) it is recommended that the gym be retrofitted with panels and buffers to improve the acoustics. This will allow more events at the gym as well as more parents and family to attend graduation ceremonies. The total cost is estimated to be $84,000 including design costs. It is recommended that this amount be funded from the CIP reserve. EMS/act CCO1925-15 Google Maps Imagery ©2015 Google, Map data ©2015 Google 100 ft .I�jo ` \ - . •r ~ . .-�,�z / a �- � . - -,- �� s W .I�jo ` \ - . •r ~ . .-�,�z / a �- � . - -,- �� CITY OF "ENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, ICMA-CM, City Manager FROM: Commissioner Howard Weinberg DATE: January 7, 2016 SUBJECT: Discussion Regarding Possible Beautification Projects for the Lehman Causeway Please place on the January Workshop Meeting a discussion regarding possible beautification projects for the Lehman Causeway. Thank you. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM,C' na er DATE: December 3, 2015 SUBJECT: Art in Public Places Advisory Board Appointments The terms of the three resident members of the Art in Public Places Advisory Board expired in November 2015. Attached is the Ordinance that created the Art in Public Places Advisory Board including the process of appointment of Board Members. 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 final decision on the acceptance, placement and display of specific works of art at City owned and / or operated parts, buildings and facilities shall be subject to the approval of the City Commission. In order to provide for additional resident input, I would recommend that the Ordinance be amended to provide for another resident member instead of the City Manager. In order to begin the appointment process, the City will advertise the openings utilizing the website, media, sound media, etc. to obtain the maximum number of interested residents. EMS/act Attachment CCO1924-15 ORDINANCE NO. 2012-16 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA CREATING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE III "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 SEVERABIIdTY; 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. See. 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) afi-umative 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 final 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 Urbicz 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 Stem yes Commissioner Luz Urbiez Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes Page 3 of 4 PASSED AND ADOPTED on fust reading this 0 day of September, 2012. PASSED AND ADOPTED on second reading this 2' day of October, 2012. Swfan&6ttliek Mayor ATTEST: Approved as to Form and Legal Sufficiency: City Attorney Page 4 of 4 Eric M. Soroka From: Miami -Dade County League of Cities <mdcic@bellsouth.net> Sent: Tuesday, December 01, 2015 12:04 PM To: Miami -Dade County League of Cities Subject: Save the Date for our Annual MDCLC Gala W'ease Ai the Wale SATURDAY, FEBRUARY 20, 2016 MDCLC PRESENTS THE O 11611ie 01 &akc HONORING INCOMING PRESIDENT, COMMISSIONER uW9Cl6.:lw IJll� w. .iii I ♦ i JUNGLE ISLAND 1111 PARROT JUNGLE TRAIL, MIAMI, FL 33132 MDCLC CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, ICMA-CM, City Manager FROM: Mayor Enid Weisman DATE: January 14, 2016 SUBJECT: Discussion on Civil Citation/Memorandum of Understanding Please place on the January 21, 2016 Workshop Meeting Agenda an item to discuss the Miami -Dade County Civil Citation Package and Memorandum of Understanding as part of the countywide public safety initiative, as sponsored by Commissioner Sally Heyman. Thank you. /elh Commissioner Sally A.Heyman Miami-Dade County,District 4 (305)375-5128 heyman@a?miamidade.gov Summation—Miami-Dade County Uniform (Adult) Civil Citation II 1. Civil citation o Avoid alleged offender being arrested and criminal record o Police continue to exercise their discretion;civil citation provides additional law enforcement option o Does not legalize any of the cited offenses o Does not(le-criminalize any of the cited offenses o Offenses listed on original civil citation form and the proposed additional offenses disproportionally adversely affect low-income, minority,and homeless individuals o In lieu of a fine, individuals cited can(10 community service o In lieu of receiving a civil citation,a person can request arrest o Marijuana possession citation does not impact driver's license; a conviction for marijuana,however,will result in up to one year driver's license suspension o Citation does not equal arrest; no negative bearing on school admissions, scholarships,military service,bonded jobs,etc. o Citation offenses do not cover use of marijuana 2. Civil citations in lieu of arrests is not a new concept o 2001-2002:juvenile citations pilot program was implemented in Miami-Dade County with Director of the Miami-Dade County Juvenile Services Department Wanstey Walters(and is now used statewide);sponsored then by Florida State Representative Sally Heyman o 2010: adult civil citation offenses for 8 non-violent misdemeanor offenses; sponsored by Commissioner Sally Heyman o 2015: proposal of additional adult civil citations for 7 non-violent misdemeanors offenses 3. Data collection o Data available on both A-form arrests and existing citations(to included future offenses as well), as well as Department of Corrections booking and incarceration o Citation form already has space for gender,race,date of birth,and other demographics(removal of name and address to be done for public records requests) 4. Cost savings o Saves tens of thousands of people from being arrested and having arrest records o Saves all Miami-Dade Criminal Justice System stakeholders tens of millions of dollars,plus resources and manpower *ALL Criminal Justice Stakeholders have been part of the drafting process for the 2015 additional Civil Citation legislation through the Dade-Miami Criminal Justice Council and Public Safety Coordinating Council by working together with Commissioner Heyman. • Approved Mayot Agenda Item No. 4(D) Veto 4-21-15 Override ORDINANCE ORDINANCE RELATED TO CIVIL PENALTIES FOR CERTAIN MISDEMEANOR VIOLATIONS; AMENDING SECTIONS 21-81, 8CC-5.1 AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY,MRUUA;PROVIDING FOR CIVIL PENALTIES FOR TILE COMMISSION OF CERTAIN MISI)EMAANORS; PROVIDING SEVERABILITY, • INCLUSION IN THE CODE,AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Miami-Dade County(the"Board") Is given broad authority to enact ordinances under Mianti-Dado County's home rule powers and . prescribe penalties for violation of such ordinances;and WHEREAS,section 21-81 of tho Code of Miami-Dade County,Florida,(the"Code")Is applicable in all the uulncorporated and incorporated areas of Miami-Dade County;and WHEREAS,AS,section 21-81 of the Code prohibits the commission of all acts defined as misdemeanors under Florida Statutes and declares commission of such acts to also be Code violations;and WHIIR1?Af, upon conviction in court of a Code violation for commission of an act defined as a misdemeanor, misdemeanants shall be punished by a fine or imprisonment in County jail or both,but in no case shall the fine and/or or imprisonment Imposed be greater than the maximum fine or penalty for the same offense under the Florida Statutes;and 'WHEREAS, currently, a law enforcement officer only has discretion to arrest or not arrest a person for commission of a misdemeanor artt/or Code violation;and WHEREAS, this ordinance provides an additional means under Chapter 8CC of the Code to enforce violations of the Code based on the commission of certain misdemeanors;and Ageida item No. r;(D) Page 2 WHEREAS, tho Board has an interest.in enacting monetary civil penalties for certain violations of section 21-81, as such civil Penalties will act as an additional deterrent to such violations and would provide law enforcement with additional options when encountering a misdemeanant who bus committed an enumerated offense;and WRuPTAS, for the specific statutes ommierated In this ordinance a law enforcement officer will crave the discretion to issue a civil citation and/or arrest or not arrest a person for commission of a misdemeanor and/or Code violation;and WHEREAS, this ordinance will also allow a violator who has been served with a civil violation notice imposing a monetary penalty for commission of an enumerated misdemeanor to enter the Miami-Dade County Diversion Program, pursuant to Miami-Dade County • Implementing Order 2-12 whioh would allow violators without economic means to satisfy a civil penally to satisfy the penalty by norms monetary means, NOW, TIIEREFORE, .BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DAD1< COUNTY,FLORIDA! Ruction 1t Section 21-81 of the Code of Miami-Dade County, Florida, Is hereby amended to read as follows:t See,21-81. Misdemeanor;adoption of Stale law;penalties, (c) All acts defined as misdemeanors in said Stab statutes are hereby prohibited and declared to be violations of this • article and any person or corporation shall,upon conviction in the court of appropriate jtuisdiotion for violation thereof, be punished by a fine not exceeding five hundred dollars Words stricken through and/or [(doable bracketed]]shall be deleted. Words underscored and/or»double arrowed«constitute the iwwudnt°nt proposed. Remaining provisions are now in effect and remain unchanged. Agenda Item No. 6(D) Page 3 • ($500.00) or by imprisonment hr the County Jail for not more than sixty (60) days, or by both such fine and Imprisonment,but in no case shall the.fine or imprisonment imposed under this article be greater than the maxinnwn fine or penalty for the same offense under the State statute. »i511 The following 2nlsdenuat os violations, as such may be emended from time.are eligible to receive a civil violation} • notice p 81 hapten 8C 9f the Cote of Munni-Dade county, Florida. at the discretion of a law enforcement officer, proyldcd_ibat.sncir_yj lagons arg_uo3.. ged in ponjunction wilit any charas fluids a fe(Qny,driving under the influence(DUD. inetstent,involving domestic violence, or violent crime. as those terms are defined under State law; fil Florida Litter Law, as set tenth in Fla. Stat. section 403,413(6)()), as such may be nnranded frons time lP#ili�ei 111egal tin se Dairy C . Egg,Stets. Poultry j3oxes. or Bakery.Containers. as set forth In Vin: Stat. section 506.509, as such may be amended from time to time; (31 Tmpass_ou ProlLly Other_Than S1Ruct e_eX Conveyance. as set_foJ(j3 in .cul. ;motion 810,09,as such may be amended from time to time., 4) Retail Theft by Removal of a Shopping Cort, as. defined in Fin. Stat. section 812.015(1)00. as such may be amended from thne to time; f.51 Loitering or Prowling, as set forth In Fla. Stat. - section 856.021.'as such may be amended from tittle to time; co possession of Cannabis In an amount of 20 grams or less.as set forth in Pia.Stat.section 893.13(6)4. • such may be amended from time to lime:and (2) Possession of Drug Paraphernalia, as sot forth in Fla. Stat. sections 893,146 ntu 893.147(1)(b'), as such may be amended from Shute to lime, • • Agenda Item No. 4(n) PAIN 4 An individual Issued a °Evil violation notice for any of the violations listed in this.subsectionjigtiL b05_03901ta fineirt accordance with chapter 8CQQf the Code of Miami-Dade County.Florida. and shalt be eligible for the Mlanti-Dade County Diversion Program.pursuant to section 8CC-S,1 of the Code of Warni-P ie County. Florida, and Implementing Order 2-12. or its successor Implementing Order of the Board of County Commissioners,<< Scalp 2. Section 8CC-S.1 of the Code of Miami-Dade County,Florida, is hereby amended to read as follows: See.8CC-5.1. Miami-Dade County Diversion Program. Notwithstanding the provisions of»section« 8CC-5, a violator who has been served with a civil violation notice may enter the Miami-Dade County Diversion Program, pursuant to • Implementing Order of the Board of County Commissioners, provided the civil violation notice Is issued for the violation of an ordinance listed in the table below, which may be amended from time to time. . The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. To determine the exact nature of any activity proscribed or required by this Code,the relevant Code section must be examined, Code Section Description of Violation 7-3 Swimming or fishing from prohibited road bridges 8A-172 Conducting business -without a local business lax receipt 8A-276(b) Failure to display commercial vehicle markings 21-28 Producing loud or excessive noise 21.31.2(b)(1),(2) Alcohol possession or consumption near a store 21-31.4(f3)._ Obstructing traffic or aggressively begging >>21-8_1(d)<< >>Any one of the sp clfic misdemeanors • Agenda Item No. h(D) Page 5 enumerated in section 21.81(d)<< 26-1 • Parks violations !Section 3. Section 8CC-10 of the Code of Miami-Dade County, Florida, Is hereby amended to read as follows: Sec,8CC-10. Schedule of civil penalties. The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for 11w violation of those sections as they may be amended. The "descriptions of violations" below arc for informational purposes only and are not meant to limit or define the nature of the violations or the subjeot matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties.For each Code notion listed in the schedule of civil penalties,the entirety of that section may be enforced by the.mecltauism provided in this Chapter 8CC, regardless of whether ail activities proscribed or required within that particular section are described in the "Description of Violation" column.To determine the exact nature of any activity proscribed or required by this Codo, the relevant Code section must be examined. . Coda Sootion Description of Violation 1 Civil Penalty 21-48 Sale and installation of satellite 500,00 dish antennas to residential customers »21-81(4«<< »Any one of the specific, »100.00« misdemeanors enumerated In _ • section 21-819«• 21-112 Failure to properly fill an 100,00 _ abandon well f Agenda Item No. 4(D) Page 6 Section 4I, If any section, subsection,sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 5. • It is the intention of the Board of County Commissioners, and It is hereby ordained that the provisions of this ordinance, Including any sunset provision,shall become and be made apart of the Code of Minwl-Dade County,Florida. The sections of this ordinance may be ronumbercd or relettered to accomplish such intention, and the word "ordinance" may bo changed to"section,""article,"or other appropriate word. Section 6, 'ibis ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and If vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: **14: i Prepared by: (tf�- Christopher A.Angell ' Prime Sponsor: Commissioner Sally A.Heyman • INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND FOR THE ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE This Interlocal Agreement ("Agreement") is made and entered this day of , by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "COUNTY") and , a Florida municipal corporation (hereafter "MUNICIPALITY"). WITNESSETH WHEREAS, Section 21-81 of the Code of Miami-Dade County ("Code") applies to all municipalities in the County and is enforced, in part, through civil penalties under Section 8CC of the Code; and WHEREAS, municipalities in the County may enforce the provisions of Section 21-81 of the Code, pursuant to Section 8CC-11 upon the adoption by the County and municipalities of an interlocal agreement which contains (1) the sections of the Code which the municipality is entitled to enforce, (2) the job title of the agents of the municipality authorized to perform the enforcement functions, (3) the amount reimbursable to the County for administrative costs, (4) the amount of revenue reimbursable to the municipality from any fine collected, (5) an agreement to indemnify and hold the County harmless from and against any liability, actions or causes of actions related to the municipality's enforcement, and (6) contain a term not to exceed three (3) years; and 1 WHEREAS, the parties agree that it is in their mutual best interests and the best interests of the citizens of the COUNTY and the MUNICIPALITY to have the MUNICIPALITY enforce the provisions of Section 21-81 of the Code through Section 8CC, NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here from and in compliance with Section 8CC-I1 of the Code, the parties covenant and agree as follows: I. CODE SECTIONS SUBJECT TO ENFORCEMENT The MUNICIPALITY is authorized to enforce Section 21-81 of the Code in accordance with the provisions of Section 8CC of the Code, including but not limited to the ability to issue civil violation notices under Section 8CC-10 of the Code for violations of Section 21-81(d)1 through and including 21-81(d)7 of the Code, within its municipal boundaries. Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, supersede, or remove the independent authority of the COUNTY to enforce such provisions. II. AUTHORIZED AGENTS All law enforcement officers as defined by Florida State Statute 943.10(1) that are employed by the MUNICIPALITY are authorized by this Agreement to perform the enforcement functions outlined in, and in accordance with, this Agreement. III. AMOUNT REIMBURSABLE TO MIAMI - DADE COUNTY FOR COSTS RELATED TO THE CONDUCT OF HEARINGS ON APPEALS The MUNICIPALITY shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as outlined in Section I above and shall also be responsible for reimbursing the County for any attorney's fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings. Such funds shall be payable to Miami-Dade County within thirty (30) days of receipt of an invoice for such services. 2 IV. AMOUNT OF REVENUE REIMBURSABLE TO THE MUNICIPALITY FROM THE FINE COLLECTED The CLERK OF COURTS will reimburse on a quarterly basis to the MUNICIPALITY the fines collected from the issuance of civil violation notices for violations of Section 21-81 of the Code as set forth in Section 8CC. Prior to the reimbursement, the CLERK OF COURTS will deduct 17% - 20% from the fines collected for their administrative costs of processing the civil violation notices. Should the violator opt to enter the Miami-Dade County Diversion Program as set forth in Implementing Order 2-12, the COUNTY shall keep the entire processing fee paid by the violator. V. TERM OF AGREEMENT This Agreement shall be in full force and effect from the date of the final execution by either party and shall continue for three (3) years. At the expiration of the three (3) year period the COUNTY and the MUNICIPALITY may enter a new interlocal agreement as required by section 8CC-11 of the Miami-Dade County Code in order for the MUNICIPALITY to continue its enforcement efforts. VI. MUNICIPALITY INDEMNIFICATION Subject to the limitations set forth in Section 768.28, F.S., and all applicable laws, the MUNICIPALITY shall indemnify and hold harmless the COUNTY from and for any losses, claims, causes of action or damages of any nature whatsoever, arising from the act, omission or performance or failure of performance of the MUNICIPALITY or the MUNICIPALITY's agents, contractors, servants and employees hereunder relative to the enforcement of the provisions of Section 21-81 of the Code pursuant to Section 8CC of the Code. The MUNICIPALITY shall defend the COUNTY in any action including any action in the name of the COUNTY. 3 VII. DEFAULT A. Without limitation, the failure by the MUNICIPALITY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "Municipal Default". If a Municipal Default should occur, the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the MUNICIPALITY thereunder are terminated, effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give MUNICIPALITY a period of thirty (30) days after receipt of the written notice from the COUNTY of said default to cure any Municipal Default unless the COUNTY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the MUNICIPALITY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the COUNTY's reasonable satisfaction, then it shall be deemed that no Municipal Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "County Default." If a County Default should occur, the MUNICIPALITY shall have all of the following rights and remedies which it may exercise singly or in combination: 4 1. The right to declare that this Agreement together with all rights granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the MUNICIPALITY. Provided, however, that the MUNICIPALITY shall give the COUNTY a period of thirty (30) days after receipt of written notice from the MUNICIPALITY of said default to cure any County Default unless the MUNICIPALITY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the MUNICIPALITY'S reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. VIII. CANCELLATION Notwithstanding the above, this agreement may be terminated by either the COUNTY or the MUNICIPALITY upon thirty (30) days written notice. IX. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the MUNICIPALITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. 5 X. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto and their authorized representatives. XI. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. XII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. XIII. REPRESENTATION OF THE MUNICIPALITY The MUNICIPALITY represents that: (i) this Agreement has been duly authorized, executed and delivered by the governing body of the MUNICIPALITY or its designee; and (ii) it has the required power and authority to perform this Agreement. 6 XIV. REPRESENTATION OF COUNTY The COUNTY represents that: (i) this Agreement has been duly authorized, executed and delivered by the governing body of the COUNTY or its designee; and (ii) the County has the required power and authority to perform this Agreement. XV. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI. INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XVII. NOTICE Notices to MUNICIPALITY provided for herein shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: 7 with copy to: Attorney and notices to COUNTY, if sent by Federal Express or certified mail, return receipt requested, postage prepaid addressed to: County Mayor Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, FL 33128 with copy to: County Attorney Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street, 28th Floor Miami, FL 33128 Or such other respective address as the parties may designate to each other in writing from time to time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY HARVEY RUVIN, CLERK COMMISSIONERS 8 By: By: DEPUTY CLERK Carlos A. Gimenez County Mayor Approved as to form and legal sufficiency: Christopher A. Angell Assistant County Attorney ATTEST: , a Florida Municipal Corporation By: By: City Clerk Approved as to form and legal sufficiency: City Attorney 9