10-03-2017 Commission Meeting Agenda City Manager
City Commission �� l Eric M. Soroka, ICMA-CM
Enid Weisman,Mayor "••=
Howard Weinberg,Vice Mayor ` j == City Clerk
Denise Landman,Commissioner * * Ellisa L. Horvath,MMC
Dr.Linda Marks,Commissioner
Gladys Mezrahi,Commissioner % �� City Attorney
Marc Narotsky,Commissioner i. 1,ll\` GC Weiss Scrota Helfman
Robert Shelley, Commissioner �Q¢� Cole&Bierman
C`ry of 5146°
CITY COMMISSION MEETING AGENDA
OCTOBER 3, 2017
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Recognitions for Hurricane Irma Assistance
• Employee Service Awards
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member
of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public
wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting.
They will be recognized to speak prior to the approval of the consent agenda.
A. APPROVAL OF MINUTES:
• September 5, 2017 Commissioner Meeting (First Budget Hearing)
• September 5, 2017 Commission Regular Meeting
• September 13, 2017 Commission Meeting (Second Budget Hearing)
• September 14, 2017 Commission Workshop Meeting
B. MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF
RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL
MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING
AMENDING THE COLLECTIVE BARGAINING AGREEMENT BY AND
BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION FOR THE PERIOD OCTOBER 1,2016 THROUGH SEPTEMBER
30, 2019; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
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Aventura City Commission Meeting Agenda
October 3,2017
•
"DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF
PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; PROVIDING FOR
SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR
AN EFFECTIVE DATE.
8. ORDINANCES-SECOND READING/PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING
SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF
ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES
GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL MARIJUANA
DISPENSARIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE;PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 30, "ENVIRONMENT," AT ARTICLE III, "STORMWATER," BY
CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN
ENHANCED STORMWATER MANAGEMENT SYSTEM, AND SPECIFYING
ENVIRONMENTAL AND OTHER REGULATIONS CONCERNING SAID
SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
This item C. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,AMENDING THE
will be OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
DEFERRED ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON
until the THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY
Nov. 7, 2017 DESCRIBED IN EXHIBIT"A"TO THIS ORDINANCE,FROM B2,COMMUNITY
City BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING
Commission FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
Meeting PROVIDING FOR AN EFFECTIVE DATE.
D. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA,APPROVING AN
Thissitem AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO
will to CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN
be
DEFERRED GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND
THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT
until the FROM JULY 7,2017 TO JULY 7,2024,TO REVISE EXHIBITS"A"AND"B"TO
Nov. 7, 2017 THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE
City RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS,TO ADD THE
Commission 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR
Meeting ACCESS RESTRICTION TO AND FROM NE 213 STREET,ALL RELATING TO
PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET,
EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
9. DISCUSSION AND MOTION TO SELECT APPLICANTS TO BE INTERVIEWED
FOR THE CITY MANAGER POSITION
Page 3 of 4
Aventura City Commission Meeting Agenda
October 3,2017
10. RESOLUTIONS—PUBLIC HEARINGS: None
11. REPORTS
12. PUBLIC COMMENTS
13. OTHER BUSINESS: None
14. ADJOURNMENT
FUTURE MEETINGS*
COMMISSION WORKSHOP—OCTOBER 12,2017 AT 2 PM
EXECUTIVE CONFERENCE ROOM(5TH FLOOR)
COMMISSION WORKSHOP—OCTOBER 19,2017 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5Th FLOOR)
COMMISSION MEETING—NOVEMBER 7,2017 AT 6 PM
COM MISSION CHAMBER
*Meeting dates and times are subject to change. Please check the City's website for the most current schedule.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of
the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to
appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda
items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305-466-8901.
Page 4 of 4
The City Of CITY COMMISSION
MEETING MINUTES Aventura Government Center
Aventura (FIRST BUDGET HEARING) 19200 W.Country Club Drive
Aventura,Florida 33180
SEPTEMBER 5, 2017 - 5:30 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 5:34 p.m. The following were present: Mayor Enid Weisman, Vice Mayor
Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert
Shelley, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING - 2017/2018 BUDGET:
Mr. Wolpin read the following Ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 2.66% ABOVE THE ROLLED BACK RATE OF 1.6813
MILS COMPUTED PURSUANT TO STATE LAW, FOR THE 2017 TAX
YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Commissioner Mezrahi.
Mr. Soroka reviewed the Ordinance and highlighted the following: the same tax rate as
prior year with no tax increase for the 22nd year and $16.5 million revenue will be
generated based on $10 billion assessed value.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
Mr. Wolpin read the following Ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED
AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD
ON JULY 18, 2017, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE
2017/2018 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES
REGARDING ENCUMBRANCES AND THE RE-APPROPRIATION OF
UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING THE
Aventura City Commission Meeting (First Budget Hearing) Minutes
September 5, 2017
COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Landman.
Mr. Soroka explained the Ordinance and reviewed the highlights of the 2017/18
Operating and Capital Budget including the total budget amount of $58 million or 11.4%
less than the previous year, due to completed one-time capital improvement projects.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by
Commissioner Dr. Marks, and unanimously approved; thus adjourning the meeting at
5:41 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on October 3, 2017.
Page 2 of 2
`The CitAy of CITY COMMISSION
REGULAR MEETING MINUTES Aventura Government Center
Ventura SEPTEMBER 5, 2017 19200 W Country Club Drive
Aventura, Florida 33180
Following the Local Planning Agency Meeting at
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:11 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman,
Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc
Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa
L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was done at the First Budget Hearing.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Youth Advisory Board Certificates of Appointment: Mayor Weisman
provided a brief synopsis on each member selected to serve on the Youth Advisory
Board, as Vice Mayor Weinberg and Commissioner Landman presented the Certificates
of Appointment.
• Employee Service Awards: Mr. Soroka presented Carlos Fernandez (10
years) with a recognition certificate and a token of appreciation for the completion of a
milestone year of service with the City.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
A motion to approve the items on the Consent Agenda was offered by Commissioner
Narotsky, seconded by Commissioner Dr. Marks, and passed unanimously by roll call
vote. The following action was taken:
A. Minutes were approved as follows:
• July 10, 2017 Commission Workshop Meeting
• July 17, 2017 Commission Regular Meeting
• July 18, 2017 Commission Meeting
• July 18, 2017 Commission Workshop Meeting
B. Resolution No. 2017-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS
OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING
THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Aventura City Commission Meeting Minutes
September 5, 2017
C. Resolution No. 2017-42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY
OF AVENTURA YOUTH ADVISORY BOARD FOR A ONE-YEAR TERM; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2017-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN
BISCAYNE COVE CONDOMINIUM ASSOCIATION INC. AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2017-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF AVENTURA AND THE PERFORMING ARTS CENTER AUTHORITY
FOR MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS & CULTURAL CENTER;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
F. Resolution No. 2017-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE GREEN MARKET TO BE HELD IN
FOUNDERS PARK FROM NOVEMBER 2017 - MARCH 2018; AUTHORIZING
THE CITY MANAGER TO ISSUE A SPECIAL EVENT PERMIT TO SEASTAR
EVENT CORPORATION, BASED ON THE CONDITIONS CONTAINED IN
EXHIBIT"A"ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2017-46 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17-
08-14-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR THE
GOVERNMENT CENTER TO KELLY JANITORIAL SYSTEMS, INC. FOR
THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT"A"ATTACHED;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
Page 2 of 6
Aventura City Commission Meeting Minutes
September 5, 2017
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
H. Resolution No. 2017-47 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 17-
08-14-3, CITY OF AVENTURA CUSTODIAL SERVICES FOR THE
COMMUNITY RECREATION CENTER, PARKS AND CULTURAL CENTER
TO KELLY JANITORIAL SYSTEMS,INC. FOR THE INDIVIDUAL BID PRICE
AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
I. Resolution No. 2017-48 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, SELECTING THE FIRMS OF KAUFMAN LYNN CONSTRUCTION,
INC. AND PGAL TO PERFORM DESIGN AND BUILD SERVICES RELATIVE
TO RFQ #17-07-24-2 FOR THE CONSTRUCTION OF THE AVENTURA
CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING
NEGOTIATIONS WITH ALTERNATE FIRMS TO PERFORM THE REQUIRED
SERVICES SHOULD NEGOTIATIONS WITH THE SELECTED FIRMS BE
UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
J. Resolution No. 2017-49 was adopted as follows:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL
REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE
FISCAL YEAR ENDED JUNE 30, 2017 AND TO ACCEPT FOR FILING THAT
LETTER DATED AUGUST 30, 2017 ATTACHED HERETO AS ATTACHMENT
1
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None
7. ORDINANCES - FIRST READING — PUBLIC HEARINGS:
Mr. Wolpin read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING
SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF
Page 3 of 6
Aventura City Commission Meeting Minutes
September 5, 2017
ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES
GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL
MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Commissioner Mezrahi.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
Mr. Wolpin read the following ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 30,"ENVIRONMENT," AT ARTICLE III,"STORMWATER," BY
CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN
ENHANCED STORMWATER MANAGEMENT SYSTEM, AND
SPECIFYING ENVIRONMENTAL AND OTHER REGULATIONS
CONCERNING SAID SYSTEM; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Weinberg and
seconded by Commissioner Landman.
Mr. Soroka reviewed the item.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mr. Wolpin read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON
THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS
DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Page 4 of 6
Aventura City Commission Meeting Minutes
September 5, 2017
A motion to defer the item until the October 3, 2017 Commission Meeting was offered
by Commissioner Narotsky, seconded by Commissioner Shelley, and passed
unanimously, by roll call vote.
Mr. Wolpin read the following ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO
CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN
GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE
CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM
JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND "B" TO THE
AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED
B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE
CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS
RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS
OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF
BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A motion to defer the item until the October 3, 2017 Commission Meeting was offered
by Commissioner Shelley, seconded by Commissioner Landman, and passed
unanimously, by roll call vote.
9. RESOLUTIONS — PUBLIC HEARINGS: None
10. REPORTS:
Mayor Weisman, Commissioner Landman, Commissioner Mezrahi, and Mr. Soroka
discussed various essential items related to pending Hurricane Irma.
Commissioner Landman invited residents to attend Peace Day on September 20, 2017
at the Aventura Arts & Cultural Center and also discussed the Green Market scheduled
to start in November.
On behalf of Attorney Matthew Mandel, Mr. Wolpin requested attorney client sessions
for the following cases to be scheduled:
1. 0328.094— WIPOA:
WILLIAMS ISLAND PROPERTY OWNERS'ASSOCIATION, INC., ET AL. V. CITY
OF AVENTURA, ETAL., Miami-Dade County Circuit Court Case No. 13-15004 CA
44, consolidated with ISLAND ESTATES HOMEOWNERS ASSOCIATION, INC. V.
TWO ISLANDS DEVELOPMENT CORP., ETAL., Case No. 13-35005 CA 44, as to
Count I Only
Page 5 of 6
Aventura City Commission Meeting Minutes
September 5, 2017
2. 0328.107—Clarke:
DAVID L. CLARKE, ET AL. V. TWO ISLANDS DEVELOPMENT CORP., ET AL.,
Miami-Dade County Circuit Court Case No. 14-21513 CA 44
3. 0328.118 —Clarke:
DARA CLARKE V. CHARLES PHELAN, ET AL., United States District Court Case
No. 1:16-cv-25217-RNS
4. 0328.119— Island Estates Homeowners Association:
ISLAND ESTATES HOMEOWNERS ASSOCIATION, INC. V. CITY OF
AVENTURA, FLORIDA, ET AL., Miami-Dade County Circuit Court Appellate
Division Case No. 17-123-AP, L.T. Case No. 2017-16
11. PUBLIC COMMENTS: No comments were provided by members of the public
provided.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by
Commissioner Landman, and unanimously approved; thus adjourning the meeting at
6:39 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on October 3, 2017.
Page 6 of 6
The Cay Of CITY COMMISSION
MEETING MINUTES Aventura Government Center
19200 W.Country Club Drive
Aventura (SECOND BUDGET HEARING) Aventura, Florida 33180
_0 SEPTEMBER 13, 2017 - 6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:05 p.m. The following were present: Mayor Enid Weisman, Vice Mayor
Howard Weinberg, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi,
Commissioner Marc Narotsky, City Manager Eric M. Soroka, City Clerk Ellisa L.
Horvath, and City Attorney Alan Gabriel. Commissioner Denise Landman and
Commissioner Robert Shelley were absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
A moment of silence was observed in recognition of all those affected by Hurricane
Irma, as well as the ongoing recovery efforts.
3. PUBLIC HEARINGS: ORDINANCES: SECOND READING - 2017/2018
BUDGET:
Mr. Gabriel read the following Ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 2.66% ABOVE THE ROLLED BACK RATE OF 1.6813
MILS COMPUTED PURSUANT TO STATE LAW, FOR THE 2017 TAX
YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Weinberg and
seconded by Commissioner Mezrahi.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on second reading passed unanimously, by
roll call vote and Ordinance No. 2017-09 was adopted.
Mr. Gabriel read the following Ordinance by title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED
AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD
ON JULY 18, 2017, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE
2017/2018 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES
REGARDING ENCUMBRANCES AND THE RE-APPROPRIATION OF
Aventura City Commission Meeting (Second Budget Hearing) Minutes
September 13, 2017
UNEXPENDED CAPITAL APPROPRIATIONS; ESTABLISHING TIIF.
COMMITTED FUND BALANCE FOR CAPITAL RESERVE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and
seconded by Commissioner Narotsky.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on second reading passed unanimously, by
roll call vote and Ordinance No. 2017-10 was adopted.
Mr. Soroka informed the Commission about a request to cancel the September 14,
2017 Commission Workshop Meeting. After discussion, there was consensus by the
Commission to proceed with the meeting as scheduled.
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by
Commissioner Dr. Marks, and unanimously approved; thus adjourning the meeting at
6:21 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on October 3, 2017.
Page 2 of 2
The City of CITY COMMISSION
Aventura WORKSHOP MEETING MINUTES Aventura Government Center
SEPTEMBER 14, 2017 19200 W. Country Club Drive
Aventura. Florida 33180
4 9:00 A.M.
a
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 9:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor
Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert
Shelley', City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting commenced.
1. FOUNDERS DAY UPDATE (City Manager): Mr. Soroka requested that
discussion of this item be canceled until the October Workshop.
City Manager Summary: It was the consensus of the Commission to cancel
discussion of this item until the October Workshop.
The following item was taken out of order, by consensus of the Commission:
4. SITE PLAN UPDATE (City Manager): Community Development Director
Joanne Carr reviewed an application for the Turnberry Resort Water Amenity Expansion
and reported that the applicant was directed to meet with the neighboring property
(Coronado) regarding the project.
City Manager Summary: This item was provided for informational purposes. Mr.
Soroka will report back with additional information.
2. 2018 MEETING SCHEDULE (City Manager): Mr. Soroka reviewed the tentative
schedule for the 2018 Commission meetings.
City Manager Summary: It was the consensus of the City Commission to review
the schedule and provide Mr. Soroka with any requested changes within a week. The
schedule will be finalized at the October Workshop.
3. LEGISLATIVE PROGRAM AND PRIORITIES (City Manager): Mr. Soroka
reviewed the proposed list of legislation, for the City to endorse and support for 2018, as
well as seeking financial assistance for stormwater drainage improvements.
The Commission reviewed the items and the following suggestions were made: adding
an item to support traffic needs by alleviating congestion and rewording the stormwater
funding item.
City Manager Summary: It was the consensus of the City Commission for a
resolution to be placed on the October Commission Meeting Agenda adopting the 2018
Legislative Program and Priorities as presented, with the addition of an item supporting
the reduction of traffic congestion through alternate transportation modes and rewording
Commissioner Shelley participated via telephone.
Aventura City Commission
Workshop Meeting Minutes—September 14, 2017
the stormwater funding item.2
5. CONFERENCE REIMBURSEMENT REQUEST (Mayor
Weisman/Commissioner Dr. Marks): Mayor Weisman and Commissioner Dr. Marks
requested that the resolution addressing attendance at conferences be reviewed to
allow for the Sayfie Summit and attendance at other conferences to be automatically
paid for by the City, in lieu of the need for approval and reimbursement.
City Manager Summary: It was the consensus of the City Commission that the
current Resolution (2015-66) not be changed and that approval be given for Mayor
Weisman and Commissioner Dr. Marks to be reimbursed for their attendance at the
Sayfie Review Florida Leaders Summit, should it be rescheduled.
Item 6 was moved to the end of the agenda, by consensus of the Commission.
7. HEALTH INSURANCE INFORMATION UPDATE (City Manager): As directed
by the Commission at the prior Workshop, Mr. Soroka provided information on the cost
of Commission members to participate in the City's group health insurance plan as
follows: $10,039 annually ($836 monthly) per individual, not including spouse or family
coverage.
City Manager Summary: It was the consensus of the Commission that a
resolution be drafted to allow individual members of the Commission, not dependents,
to participate in the City's health insurance program, with applicable premiums to be
paid by those elected officials who participate. Additionally, Mr. Soroka will provide the
cost for spouse/family coverage at the next Workshop.
8. PROPOSED CHARTER REVISION (Vice Mayor Weinberg): Vice Mayor
Weinberg suggested that a Charter revision question be placed on the November 2018
ballot to determine if the amount of time a term-limited Commissioner is required to wait
to run for a Commission seat again should be changed back from four years to two
years.
The Commission discussed the staggered Commission terms and the resign to run
requirement.
After Commission discussion, Vice Mayor Weinberg amended his request as follows: to
place a Charter revision question on the November 2018 ballot to determine if a term-
limited Commissioner should be allowed to run for the Mayor seat.
City Manager Summary: It was the consensus of the Commission for Mr.
Wolpin to provide draft language at the October Workshop, as discussed for a Charter
revision question.
2 Commissioner Narotsky did not participate in the discussion of item 9 of the Legislative Program.
Page 2 of 4
Aventura City Commission
Workshop Meeting Minutes—September 14, 2017
6. CITY CLERK PERFORMANCE REVIEW PROCESS (Commissioner Dr.
Marks): Commissioner Dr. Marks reviewed a salary survey for the City Clerk and
suggested an adjustment in Mrs. Horvath's salary.
City Manager Summary: It was the consensus of the Commission to
provide Mrs. Horvath with a salary increase to $120,000 and a 3% increase (as included
in the budget for all other employees) based on that amount, effective October 1, 2017.
The Clerk's performance bonus will be discussed at the October Workshop, in line with
her hiring anniversary date.
The following additional items were discussed:
Commissioner Dr. Marks discussed the information provided to the Commission
regarding the recent hurricane (Irma) and requested direction on the information that
she is able to distribute as a Commissioner. It was the consensus of the Commission
that any information provided be consistent with the reports provided by the City
Manager.
Mr. Soroka reported on the impact of Hurricane Irma on the City. It was the consensus
of the Commission for City personnel that worked to receive a letter of commendation
from the Commission, in recognition of their efforts during and after the storm.
Additionally, Commission members should provide the names of those in the
community that should be recognized with a proclamation for their contributions to the
City as a result of the storm.
Commissioner Landman suggested that the City collect items for the Key West
residents that were still at a shelter at FIU, as a result of the impacts of Hurricane Irma.
Mr. Soroka discussed the plan to organize a drop-off at a City facility next week. It was
the consensus of the Commission to proceed with collection efforts within the City and
to provide the informational flyers to the condominiums, as well as online, etc.
Mayor Weisman requested that the Commission be provided with cell phone numbers
for the Police Chief and Public Works Director, to be used for emergencies if the City
Manager could not be reached. It was the consensus of the Commission for the
Commissioners to contact the Police Dispatch to reach the Police Chief or Public Works
Director, should they be unable to reach the City Manager.
Mayor Weisman requested that the Commission be provided with access to all of the
floors at Government Center. It was the consensus of the Commission for the
Commissioners requesting access to all of the floors to be provided with such.
Mr. Soroka provided an update on the traffic lights affected by Hurricane Irma.
9. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by
Commissioner Narotsky, and unanimously passed. The meeting was adjourned at
11:35 a.m.
Page 3of4
Aventura City Commission
Workshop Meeting Minutes—September 14,2017
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on October 3, 2017.
Page 4 of 4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City an ger
DATE: September 18, 2017
SUBJECT: Re-Appointment of Special Mas er for Code Enforcement Process
October 3, 2017 City Commission Meeting Agenda Item ��
RECOMMENDATION
It is recommended that the City Commission ratify the City Manager's re-appointment of
Raquel Rothman, Esq. and Barbara Buxton, Esq. as Special Masters for the City of
Aventura Code Enforcement process.
BACKGROUND
Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process
provides for the City Manager to appoint Special Masters, subject to City Commission
ratification, for a term of one year. The above-referenced individuals are submitted to
you for re-appointment as Special Masters.
If you have any questions please feel free to contact me.
EMS/act
Attachment
CC01711-17
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDU
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City j:na• -r
Brett J. Schneider, City Labor Attorn-
DATE: September 26, 2017
SUBJECT: Proposed Resolution of the City Commission Providing For
Ratification of the Memorandum of Understanding Amending the
Collective Bargaining Agreement Between the City of Aventura and
the Dade County Police Benevolent Association
October 3, 2017 City Commission Meeting Agenda Item 55G
RECOMMENDATION
It is recommended that the City Commission adopt the enclosed resolution that
authorizes and approves the ratification of the Memorandum of Understanding ("MOU"),
which amends the current Collective Bargaining Agreement ("Agreement") between the
City of Aventura ("City") and the Dade County Police Benevolent Association ("Union"),
for the bargaining unit that consists of the City's police officers and sergeants.
HIGHLIGHTS AND SUMMARY
The following key sections of the MOU have been summarized for the Commission's
convenience:
• Pension. In the Agreement, the City and Union agreed to create a deferred
retirement option plan ("DROP") that allows members to participate in the DROP
for up to five years beginning on the date each member is first eligible for normal
retirement (i.e., 22.5 years of service regardless of age or age 57 with ten years
of service), with delayed DROP entry reducing the maximum five year period of
participation. In other words, for each day a member waits to enter DROP after
reaching normal retirement, the maximum five-year DROP period available to
that member is reduced by a day.
In the MOU, the parties agreed that members could enter the DROP at any time
after reaching normal retirement (as set forth above) and before reaching 25
years of service regardless of age or age 57 with 11 years of service without
Memo to City Commission
September 26, 2017
Page 2
impacting the five-year period of time during which the member could participate
in DROP. For each day a member waits to enter DROP after reaching 25 years
of service or after reaching age 57 with 11 years of service, the maximum 5 year
DROP period available to that member is reduced by a day.
The foregoing change does not create an actuarial impact on the Plan.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01714-17
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF
UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING
AGREEMENT BY AND BETWEEN THE CITY AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1,
2016 THROUGH SEPTEMBER 30, 2019; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") desires to ratify a Memorandum of
Understanding (the "MOU") amending the Collective Bargaining Agreement between the
City and the Dade County Police Benevolent Association (the "PBA") for the bargaining
unit consisting of employees in the classification of Police Officer and Police Sergeant in
effect from October 1, 2016 through September 30, 2019 (a copy of the MOU is attached
hereto as Exhibit "A"); and
WHEREAS, the MOU addresses entry eligibility and participation length deadlines
for the deferred retirement option plan ("DROP"), which is a component of the City of
Aventura Police Officers' Retirement Plan (the "Plan"); and
WHEREAS, the City Commission finds that this Resolution conforms with
applicable law, enhances the health, safety and welfare, and is in the best interest of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above-stated recitals are hereby confirmed
and adopted.
City of Aventura Resolution No. 2017-
Section 2. Approval. The MOU between the City and the PBA, in substantially
the form attached hereto as Exhibit "A," is hereby approved, and the City Manager is hereby
authorized to execute the MOU on behalf of the City.
Section 3. Implementation. The City Manager is hereby authorized to take any
action which is necessary to implement this Resolution
Section 4. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
PASSED AND ADOPTED this 3rd day of October, 2017.
City of Aventura Resolution No. 2017-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2017.
CITY CLERK
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION
This Memorandum of Understanding is entered into this day of October, 2017
by and between the City of Aventura, Florida (the "City") and the Dade County Police
Benevolent Association(the"Union"). The City and the Union are collectively referred to as the
"Parties."
WHEREAS, the Parties entered into a Collective Bargaining Agreement for the period
of October 1, 2016 to September 30, 2019 ("CBA"), which sets forth the terms and conditions of
employment of the City's police officers and sergeants;
WHEREAS, the Parties agreed in Article 29, Section 3(b) of the CBA to create a
Deferred Retirement Option Plan ("DROP"), with members electing to enter the DROP eligible
to participate in the DROP for as much as five years beginning on the first day such member is
eligible for normal retirement;
WHEREAS, the Parties wish to modify Article 29, Section 3(b) of the CBA to allow
Plan members to enter the DROP on or before they reach 25 years of service or age 57 with 11
years of service and still have a full five years of eligibility to participate in the DROP;
WHEREAS, the Parties recognize that this Memorandum of Understanding only
modifies Article 29, Section 3(b) of the CBA and does not modify any other Article contained in
the CBA.
NOW,THEREFORE,the Parties agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Article 29, Section 3(b)of the CBA is amended as follows:
Effective October 1, 2018, a deferred retirement option plan ("DROP") will be
created. A member will be eligible to enter the DROP on the first day that he/she
is eligible for normal retirement. The maximum period that a member may
participate in the DROP is five (5) years beginning from the date on which a
member reaches 25 years of service or the date on which a member reaches age
57 with 11 years of service ("Maximum DROP Entry Deadlines"
- - - - - - • _ •_•: - . . - . - - _ . A member may elect to enter
DROP after the foregoing dates, but his/her maximum participation in the DROP
will be reduced by the period of time in which the member delayed entry in the
DROP after reaching either of the foregoing Maximum DROP Entry Deadlines.
A member's DROP account will be self-directed and the members will be solely
responsible for the gains and losses of their individual accounts. Members who
Proposed additions to the CBA are indicated by underline.
elect to participate in the DROP shall be required to separate from City service at
the conclusion of the DROP period. A member's DROP shall be distributed to
the member in a lump sum as soon as administratively practicable and not more
than 90 days following the conclusion of the DROP period. The City shall have
no liability or responsibility to guarantee the principal and/or rate of return for a
member's DROP assets. The DROP accounts, although self-directed separate
accounts, will remain part of the pension trust, and distributions from a member's
account shall not be permitted until termination of employment.
3. The Parties agree that this Memorandum of Understanding represents the Parties'
entire agreement and it cannot be amended or modified without the express consent
of the Parties.
4. The Parties have had the opportunity to consult with legal counsel of their choosing.
5. The Parties signify their agreement with this Memorandum of Understanding by
affixing their signatures below.
DADE COUNTY POLICE BENEVOLENT CITY OF AVENTURA, FLORIDA
ASSOCIATION
By: By:
John Rivera Eric Soroka
President City Manager •
2
CITY OF AVENTURA
DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City an ger
BY: Antonio F. Tomei, Capital Pro' c M nager
THRU: Joseph S. Kroll, Public Works & Transportation Director
DATE: September 25, 2017
SUBJECT: NE 213th Street Seawall Restoration - Change Order Number 1
October 3, 2017 City Commission Meeting Agenda Item 5
Recommendation
It is recommended that the City Commission adopt the attached Resolution approving
Change Order Number 1 in the amount of $222,208 for the NE 213th Street Seawall
Restoration Project. The change order amount will be charged to the Storm Water Utility
Fund, Budget Line item Number 410-5001-538-6306.
Background
To address unforeseen conditions and consequently material quantity increases, the
following additional construction costs are recommended to be approved and
incorporated into the contract:
$ 7,899.12 Costs due to unforeseen concrete wall panels needing replacement at the
outfall adjacent to the Dog Park.
$287,909.00 Costs due to unforeseen pile, cap and reinforcing bar needing repair and
replacement that was not visible during pre-construction site assessment by
the consultants.
($73,600.00) Credit for 6 Fiber Reinforced Polymer jackets and credit for Concrete Cap
Epoxy Injection through discussion between the structural consultant and
the contractor.
The additional construction costs have been reviewed and approved by the City's
Engineering and Structural consultants.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO CHANGE ORDER NUMBER 1
FOR THE NE 213TH STREET SEAWALL RESTORATION PROJECT BY AND
BETWEEN THE CITY AND JONES BENITEZ CORPORATION; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE
ORDER; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FL:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the attached Change Order Number 1 between the City and Jones Benitez
Corporation for the NE 213th Street Seawall Restoration Project and incorporated herein
as specifically as if set forth at length herein. Said Change Order amount is
$222,208.12.
Section 2. The City Manager is hereby authorized and requested to do all
things necessary to carry out the aims of this Resolution.
Section 3. The funds to be allocated and appropriated pursuant hereto and for
the purpose of carrying out the tenets of this Resolution shall be from Budget Line item
Number 410-5001-538-6306.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 3rd day of October, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
% CHANGE ORDER FORM
4. / CHANGE ORDER NO. 1
'' et.o�`
CONTRACT NUMBER: 16-06-22-2
DATE: 09/25/2017
PROJECT TITLE: N. E. 213th Street Seawall Restoration Improvements
PROJECT CONTRACTOR: Jones Benitez Corporation
COST: $222,208.12
BUDGET LINE ITEM: 410-5001-538-6306
DESCRIPTION OF CHANGES: 1. $7,899.12 — Unforeseen concrete wall panel replacement surrounding the
existing drainage outfall located at the east end of the Dog Park.2.$287,909.00-Unforeseen pile,cap and rebar
quantity and labor costs. 3.($73,600)Credit amount for Fiber Reinforced Polymer Jackets and epoxy injection.
4.Addition of nineteen (19)calendar days to the contract for change order time, rain days,and hurricane Irma.
Original Contract: $1,387,880.00
Total Previous Change Orders: 0
This Change Order: $ 222,208.12
Revised Contract Amount: $1,610,088.12
Total Change Orders to Date: 1
Contract Amount Before This Change: $1,387,880.00
Total Change in Contract Period: 19 Calendar Days
The sum of$222,208.12 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is
$1,610,208.12. The time provided for completion of the Contract will be increased by 19 calendar days. This document
shall become an amendment to the Contract and all provisions of the Contract will apply thereto.
Recommended by
Consultant Date
Recommended by J er- - , q 125-119
Capital Projects Manager Date
Recommended for Budgetary Purposes:
Finance Support Services Director Date
Approved by
City Manager Date
Accepted by
Contractor Date
September 25,2017
Mr.Tony Tomei
Capital Projects Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: NE 213TH STREET SEAWALLS
CHANGE ORDER NO. 1
CT&A PROJECT NO. 01-0103.212
Dear Mr.Tomei:
CRAVEN 1HOMPSON Jones Benitez Corporation has submitted Change Order No. 1 for additional
work, due to unforeseen conditions and quantity overruns. We have
@Mr° reviewed the attached documentation from Jones Benitez and offer the
following:
Dog Park Wall Panel Repair—The seawall panel where the existing drainage
outfall has failed and needed to be repaired; the price submitted, $7,899.12
for this item, is fair and reasonable.
&ASSOCIP.TES INC.
Item 108—Cathodic Protection Integral Pile—The units were reduced due to
Engineers
Planners the amount of piles that needed the cathodic protection; therefore, based
Surveyors on the unit price, a credit of$72,000.00 will be issued to the contract.
Landscape Architects
Item 101 — Full Depth Concrete Cap Replacement — The concrete cap
replacement includes additional rebar to splice the cap, due to deterioration
of the existing rebar; with this deterioration of rebar, including additional
concrete cap replacement, this item total increase is for$259,500.00.
Item 102 — Concrete Cap Partial Depth Repairs — As per the Item 108,
deterioration of the existing rebar required additional quantities, to make
the necessary repairs to the concrete cap. This Item increase to the contract
is$8,050.00.
Item 103 — Concrete Cap Epoxy Injection — Due to the additional concrete
cap repairs, these cracks fell within those repairs, and a credit of $1,600.00
will be included in the change order.
Item 105—Pile Reinforcing— Based on the deterioration of the existing rebar
after removal of the concrete, it was determined in the field that the
additional rebar be spliced with full size rebar. This is a total increase to the
contract of$9,100.00.
3563 N.W.53rd Street
Fort Lauderdale, FL 33309-6311
(954)739-6400
Fax(954)739-6409
Mr.Tony Tomei
Capital Projects Manager
CT&A Project No.01-0103.212
September 25, 2017
Page 2
Item 107 — Seawall Cap Reinforcing — The seawall repairs at the Dog Park, required additional
reinforcing steel, which was included in this line item, for a total increase in contract price of
$1,040.00.
The General Conditions were increased for the additional bond and insurance cost for the increase in
contract price.
There is a time increase of nineteen (19) calendar days, for rain days and weather, relating to
Hurricane Irma. Final Completion of the project is now scheduled for November 27, 2017.
Craven Thompson & Associates has been onsite to review the existing conditions, and assisted in
making the determination on the additional work required in the field.
Craven Thompson &Associates has reviewed the change order and find the increase of$222,208.12,
fair and reasonable.
If you should have any questions, please do not hesitate to contact us.
Sincerely,
CRAVEN THOMPSON&ASSOCIATES, INC.
DON A.SHAVER
Director of Construction Management
DAS/wg
Enclosures
Cc: Pat Gibney, CTA
Peter Aquart, CTA
G:\JOBS\2001\01-0103-CityOfAventura\01-0103 City Projects\01-0103-212_NE 183rd St & NE 213th St Seawalls\Construction Phase\NE
213th Street\Payment Applications\Itr.tomei.9.25.17.doc
CRAVEN 1HOMPSON &ASSOCIPJES INC.
JIICJones Benitez
CORPORATION
CONCRETE CONSTRUCTION
August 28, 2017
Craven Thompson and Associates
3563 NW 53rd Street
Fort Lauderdale, Florida 33309
Attn: Don Shaver
RE: Change Order#01 -Dog Park Wall Panel Repair
NE 213'h Street Seawall Restoration
City of Aventura# 16-06-22-2
Jones Benitez Corporation is requesting approval for the following change order.
During review of the dog park piles, an unforeseen condition on the concrete panel surrounding the
existing culvert was identified. The concrete panels are damaged beyond the typical panel repair, as
noted in the meeting on August 15, 2017. The EOR has provided a sketch of the repair on August 28,
2017 and the scope of work consists of the following:
I. Removal of existing concrete panel around the culvert&concrete cap
2. Extend the vertical reinforcing to the top of the new sea wall cap
3. Drill & epoxy 2" into the existing culvert and piles with#4 GFRP rebars @ 6" c/c
4. Add one coat of Sika Armateck to concrete surface
5. Form a new panel in front with a min of 5"thick wall around the existing culvert
6. Modified FRP jackets to accommodate wall thickness
This work will consist of a dedicated labor crew and equipment for approx 1 week.
Please note,the cost for the required Full Depth Concrete Cap Replacement is included in the Change
Order#02- Overrun Contract Quantity.
If you have any questions, please give me a call at 305.821.1699.
Sincerely,
T„!',) . .
Yvette Benitez, 'E
President
Jones Benitez Corporation
)ones Benitez
JIIC CORPORATION
CONCRETE Cu YsrRuC1ION Date: Thursday, August 17, 2017
Contract No: 16-06-22-2
Project Name: Aventura Sea Wall Restoration
Description:
Change Order#1 - Wall Panel Reconstruction using existing footing and piles as support.
DESCRIPTION QTY I UM Unit Price Item Totals
Labor Burden Rate 50.50% $ 2,430.06
Foreman x 1 10.00 HR $ 42.00 $ 848.40
Finisher x 1 10.00 HR $ 27.00 $ 545.40
Laborers x l 40.00 HR $ 22.50 $ 454.50
Divers x 2 32.00 HR S 36.00 S 581.76
S
,, 2ra+z ..��.r_24+ .;i y,
Excavator 0.50 WK $ 1,500.00 $ 750.00
Picku. 0.50 WK S 500.00 $ 250.00
Air Com.ressor 1.00 WK S 150.00 $ 150.00
Generator 1.00 WK $ 50.00 $ 50.00
$
$ -
_-�- $ -
Permanent Material $ 2,772.00
Ready Mix Concrete _ 3.00 CY $ 188.00 $ 564.00
Short Load 1.00 EA $ 450.00 $ 450.00
#4 GFRP 350.00 LF $ 1.20 S 420.00
_Formwork 96.00 SF $ 6.00 S 576.00
Bracing 384.00 BF $ 1.00 $ 384.00
Oil, Nail,Ties 96.00 SF S 0.50 $ 48.00
Sika Armatck 2.00 GA $ 165.00 $ 330.00
$ -
$000011tSe ' Nb mss,-..:` .4 F i d s s1''s Eh ;yv y2 .-. - l
.. � ,.,.,. r-��o.__ ...Y. �. ......_w.me;a.rd..<`.r.r'4rs*'�.:R��c.: Ra. : . ,�a•..o ....
Concrete Pump 1.00 _ DY $ 500.00 $ 500.00
$ -
S -
Taxes 7% __ $ 278.04
___
Mark-up 17.5% $ 1,169.02
Mark-up(Subs) 10.0% S 50.00
Total $ 7,899.12
Job MUE15100502 lob Number: MUE-CALCSHEET.DOCX
gineers, Inc Page Of
44o NE It+Av Avenue Calculated by: MU
Date 07/26/2017
Oakland Park,FL 33334 Checked by: Time
Phone:954324-4730
CA#:29348 Subject Section/Detail Panel Repair between piles 144 and 145
www•.muendneers.com
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s:\forr sandiemplates\mue-calcsheet.doot
September 22, 2017
Craven Thompson and Associates
3563 NW 53rd Street
Fort Lauderdale, Florida 33309
Attn: Don Shaver
RE: Change Order#02—Over/Under in Contract Quantities
NE 213th Street Seawall Restoration
City of Aventura# 16-06-22-2
Jones Benitez Corporation (JBC) is requesting an equitable adjustment of$214,309.00 for unforeseen work
and quantity overruns on the N.E. 213th Street Seawall Restoration. Specification Section 01272 Measurement
and Payment requires an executed change order to exceed the scheduled quantity. JBC, CTA,and MUE have
worked together to provide the best solution for the City of Aventura by minimizing any overruns or changes.
Since the quantities shown in the contract documents do not accurately reflect the work required to complete
the project, JBC has provided thorough documentation of all quantities of work complete and issues that
occurred on this project. The differences are a combination of changes in scope, unforeseen conditions,
continued deterioration of wall from beginning of engineering to time of construction, previous work
completed by under other contracts,and changes in contract scope.
Item 108 Cathodic Protection Integral Pile
It was first discovered in November, the quantity of 1,984 LF was associated with all piles onsite of 248 @ 8
FT, however the table on PS S4.0-4.1 only had 224 piles and PS S2.0-2.6 had 222 piles. RFI #01 (dated
11/18/16) was submitted for clarification and determined 224 piles was accurate. JBC proceed with ordering
the FRP jackets and submitting shop drawings accordingly.
In December, there were 8 piles previously repaired (of which 6 required FRP jackets)and are larger than the
typical 14" existing piles noted on the plans (RFI #07 dated 1/23/17). MUE indicated the 6 piles to receive
jackets were to be removed and all piles to receive epoxy repairs. JBC was still able to reduce the manufacture
quantity,as to not impose additional cost of material for those 6 piles.
As JBC moved into the dog park area in July, the 3 piles that required repair were atypical and the approved
FRP jackets could not be used for the repair. MUE provided field direction on preferred method of repair. As
the FRP jackets were already onsite the quantity of these jackets remain in the count to cover repair cost.
Therefore, a credit to the City for this line item is$72,000.
Total FRP jackets to be installed:
224—6=218 @ 8 FT= 1,744 FT
1,744 FT @$300.00=$72,000
Page jI
Item 101 Full Depth Concrete Cap Replacement
The contract quantity of 627 CF was based on 248 piles at only 12" depth x 14" wide x 28" length of the
seawall cap. This does not take into consideration the battered pile cap width size to be removed/replaced,the
additional 2" of width due to the FRP jacket clearance extending past the seawall cap, unforeseen cracking of
cap due to control joints,and full depth cap replacement along the dog park as noted per plans. In addition,the
response of RFI#2 dated 11/18/2016 changed the scope of work shown in the plans by omitting plan note#5
on S-6.1,which is required for the new pile reinforcing steel is required to be integral with the pile cap.
JBC, CTA, and the MUE determined to minimize the impact of the full depth replacement to a minimum
width of 28" that be required for installation, in lieu of the I4" by the EOR or the 12" on each side per plan
note #5. JBC was directed to limit demolition of existing cap to coincide with the limits of concrete repair
jackets and that the limits of the cap were to be extended to the outside edge of the FRP Jackets to eliminate
step between jackets and cap.
Piles to be completed
218 piles x 12"x30"x28"= 1,272 CF
Battered Piles—48"wide(30"are above in contract work)
7 piles x 12"x28"x 18"=25CF
Additional Cap Replacement Required at East Side of Dog Park
12"x 30"x 70' = 175 CF
Unforeseen additional cracking of cap due to control joints as noted in
Pay App#6=20 CF
The final quantities to complete the work
1,272+25+ 175+20= 1,492 CF
1,492 CF—627 CF=865 CF @$300.00=$259,500
Therefore,an overrun for this line item is$259,500.00.
Item 102 Concrete Cap Partial Depth Repairs
The plan quantity for of 50 CF identified the surface spalls but could not account for the amount of unforeseen
rebar degradation. Specification 03312 Concrete Repair Work, Section 1.3 C requires the removal and
replacement or any reinforcement has lost more than 15%of its cross-section area. A detailed location of this
unforeseen work is available in Exhibit B.
We are currently 78% complete with demolition of cap and have complete 66.23 CF of partial depth repairs.
We expect the final quantity of this item to be 85 CF.
85 CF—SO CF=35 CF @$230.00
Therefore,an overrun for this line item is$8,050.00.
Peke 12
Item 103 Concrete Cap Epoxy Injection
The scope of work for this item has been removed for the concrete cap epoxy injection. The majority of the
cracks anticipated for this work fell within the limits of the full depth concrete cap replacement (102).
Therefore,a credit to the City for this line item is$1,600.00 is anticipated.
Item 104 Seawall Panel Epoxy Injection
The scope of work on this item has not started but an assumption of 0.42 gallons per panel appears to be
sufficient to complete the work detailed in the plans. Therefore, no overrun or underrun is anticipated for this
line item.
Item 105 Pile Reinforcing
The schedule of values in the bid document indicate 18 TN. According to Plan Sheet S6.2 a total of 10 —
vertical #7 bars and 11-#3 stirrups @ 8"o.c.are required for each pile repair.
JBC calculated the unit weight to equal:
10ea#7 Bars-8'-6"Long @ 2.044#/lf 173.74#/pile
I 1 ea#3 Stirrups 4'-4"Long @ 0.376#/lf(based on 8"spacing) 17.8#/pile
According to RFI#3 (dated 11/18/16), indicated 224 pile* 191.54#/pile* 1 TN/2000#=21.5 TN
Therefore, the plan overrun for this line item is$9,100.00
Item 106 Pile Concrete Pour
Based on field observations, the existing plans did not take into consideration the voids between the seawall
and piles, as noted in RFI #6 (dated 1/27/17). This void creates an unforeseen condition allowing excess
concrete to seep through the openings. JBC, CTA, and MUE collaborated by reducing the demo of existing
concrete along the existing pile and seawall to reduce any unforeseen concrete loss. An estimated volume was
provided for calculating the project quantity, as it is not feasible to determine this information prior to
placement. Currently, JBC has purchased 5,670 CF of concrete for this line items 101, 102, and 106 and has
installed as of July Pay Application#7 a total of 4,210 CF in 24 pours. The difference of 1,460 CF is allocated
to 27 CF per pour(total of 648 CF) for waste, the overages when the pile is not in contact with the seawall,
areas where the piles are disintegrated, or where seepage behind the seawall has occurred. JBC has absorbed
this difference as part of the scope of work.
Hence,the quantity for this line item is:
218 * 21.5 CF=4,687CF
Therefore, no overrun or underrun is anticipated for this line item.
Item 107 Seawall Cap Reinforcing
The scope of work for this line item is relatively insignificant to the overall contract amount. However, any
change was due to similar issues as described in Item 102 and the Dog Park Concrete Cap Replacement.
Therefore, the plan overrun for this line item is $1,040.00.
P4,e 13
JIIC
Item 101 General Conditions
Due to the increase in contract value, the general conditions for this project must be escalated to compensate
for the increase in Bond and Insurance premiums associated with increase contract price.
Bond Premium $4,240.00
Insurance Premium Increase $5,797.00
Therefore,the plan overrun for this line item is$10,219.00.
This increases the contract value to a total of$1,602,189.00 with no additional impact on time to the City.
Jones Benitez Corporation has enjoyed working with the City of Aventura and CTA and MUE Engineers,
despite all the contract changes. We look forward to a successful contract completion.
If you have any questions,please give me a call at 305.821.1699.
Sincerely,
Yvette Benitez,PE
President
Jones Benitez Corporation
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JCA Surety Group,LLC
941 W.Morse Blvd.,Suite 1.00
Winter Park,FL 32789 T
J Ch
Tel(321)800-6594 Fax(407)264-8321 s u.r c t y G r,o a e,.
www.jcasurety.com 0 ; j►4 ',
September 19,2017
City of Aventura
1920 West Country Club Drive
Aventura, FL 33180
Re: Jones Benitez Corporation
Bond Number: PB12220500040
Contract: NE 213th Street Seawall Restoration
To Whom It May Concern:
The above bond was issued on July 12, 2016 in the amount of$1,387,880.00 for N.E. 213th Street Seawall
Restoration City of Aventura Bid No. 16-06-22-2 CTA Project No. 01-0103.212. It has been brought to our
attention that a change order has been issued in the amount of$211,989.12.As with all bonded projects, as
the contract price increases, so does the bond amount, which in turn increases the premium amount due to
the surety company(Philadelphia Indemnity Insurance Company).The increase in contract price of
$211,989.12 results in additional premium of$4,240.00 due to the surety company on this bond.
Should you have any questions or require additional information please do not hesitate to contact me at
(321)800-6594 or(407) 575-4361.
Sincerely,
•
Jorge L. Bracamonte
Cuntract Surety Speclaltst
�. Collinsworth, Alter, Fowler, French, LLC
l., INVOICE
8000 Governors Square Blvd., Suite 301
Miami Lakes, FL 33016 DATE 9/19/2017
Phone: (305) 503-9173 INVOICE# 20170919
Fax: (305) 558-4294 CUSTOMER ID JBC
Website: mnielson@caffllc.com DUE DATE Upon Receipt
BILL TO
Jones Benitez Crop
6065 NW 167th St, Ste. B4
Miami, FL 33016
786-877-8766
Policy Charge Premium
JBC Ins Package - City of Aventura Project#16-06-22-2 $211,989 Change Order $5,979.00
TOTAL $5,979.00
COMMENTS
Payment due upon receipt
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, a ger
DATE: September 28, 2017
SUBJECT: Recommendation to Accept Av- i tura City of Excellence School Out-
Of-Field Waivers
October 3, 2017 City Commission Meeting Agenda Item ;j
RECOMMENDATION
It is recommended that the City Commission acting in its capacity as the Governing
Board of the Aventura City of Excellence School accept the out-of-field waivers list as
outlined in this memorandum and recommended by Principal Alm.
BACKGROUND
The Miami-Dade County School Board requires the Governing Board of each charter
school annually to accept a list of teachers considered out-of-field. Teachers working
on additional certification or endorsements for subjects that they are teaching are
considered out-of-field until requirements are met. All teachers hold current
certification. The additional certification or endorsements are extra credentials. This is
a typical practice as teachers expand their professional development.
Below are listings of instructional staff members who are working toward additional
certification the following subject areas:
English Speakers of Other Languages (ESOL) Endorsement — This is an add-on to
a current certificate to be able to teach English language learners. The following
teachers are involved in a five course sequence, allowing six years for completion:
Meryl Kieffer, Laskmy Santin, Ana Melhuish, Marie Compas, Sally Perez and Andreas
Bechrakis
Elementary Education
Meryl Kieffer
Memo to City Commission
Page 2
United States History
Elinor Randolph
Gifted Endorsement — This is an add-on to a current certificate to be able to teach
students who are identified as gifted learners. The teachers are involved in a five
course sequence, allowing five years for completion:
Cindy Mendoza and Amy Wilson
EMS/act
CC01715-17
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM ity anager
DATE: September 18, 2017
SUBJECT: Resolution Approving Leg!slatiPrograms, e Pro and Priorities for 2018
pp 9
October 3, 2017 City Commission Meeting Agenda Item `j
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving the Legislative Programs and Priorities for 2018. The document includes
items discussed at the September Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01710-17
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2018
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2018 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution (adopting the items of the legislative program,
excluding item #9) was offered by Commissioner , who moved its adoption.
The motion was seconded by Commissioner , and upon being put to a vote,
the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
The foregoing Resolution (as to solely the portion adopting item #9 of the
legislative program) was offered by Commissioner , who moved its adoption.
The motion was seconded by Commissioner , and upon being put to a vote,
the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
City of Aventura Resolution No. 2017
PASSED AND ADOPTED this 3rd day of October, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
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J' of EXCC
2018
Mayor Enid Weisman
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
City Manager Eric M. Soroka
City Clerk Ellisa Horvath
City Attorney Weiss Serota Helfman Cole & Bierman, P.L.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2018
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Supports the home rule powers of local government.
2. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
3. Increase educational funding levels for Miami-Dade County public schools in
order to meet per pupil State Constitutional requirements.
4. Amend State law allowing a more economical method of advertising for a public
hearing relating to Comprehensive Plan adoption and/ or amendments.
5. Adopt the 2018 Policy Statement of the Florida League of Cities.
6. Enact a law enabling cities to prohibit smoking at city sponsored events or
activities and/ or at city parks and facilities. Smoking is defined as "any nicotine
delivery device including but not limited to smoking, chewing and vaping".
7. On a state-wide level, ban the use of handheld phones by persons operating
motor vehicles, but allowing hands free phone devices.
8. Preserve municipal authority for red light camera safety programs.
9. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and
720.3085(2)(c) HOAs) to increase the liability of qualified lending institutions to
the lesser of twenty four months of past due assessments or two percent of the
original mortgage in the event of a foreclosure plus recovery of reasonable
attorney fees.
10. Support initiatives to address the impact of rising seas on the South Florida area.
11. Fund the design and construction of the proposed westbound Improvements to
the intersection of NE 203 Street/Biscayne Boulevard. Fund the review of
alternatives to improve traffic flow at Miami Gardens Drive and Biscayne
Boulevard Intersection.
12. Support legislation to amend Section 768.28, Florida Statutes, to expressly state
that sovereign immunity constitutes immunity from suit (not just immunity from
liability) to the extent not waived by applicable law.
13. Support the adoption of legislation to restore municipal authority to regulate
drones in order to protect privacy, and to protect persons and property within the
municipality.
14. Support funding to reduce traffic congestion by developing alternate
transportation modes.
The City of Aventura will seek state financial assistance for the following
projects:
1. Funding for Stormwater infrastructure improvements
ti
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I •
City Manager
BY: Joanne Carr, AICP
Community DevelopmDirector
DATE: September 29, 2017
SUBJECT: Request of Florida Fine Wine & Spirits LLC dba Total Wine & More for
Conditional Use Approval to establish a liquor package store within the
commercial plaza tenant space at 19925 Biscayne Boulevard, City of
Aventura, notwithstanding the spacing and distance requirements for the
sale and service of alcoholic beverages pursuant to Section 4-2(a) and (b)
of the City Code (04-CU-17)
October 3, 2017 City Commission Meeting Agenda Item (0
RECOMMENDATION
It is recommended that the City Commission approve the conditional use application to
establish a liquor package store within the tenant space in a commercial plaza at 19925
Biscayne Boulevard, City of Aventura, subject to the following conditions:
1. This approval shall be granted exclusively to Florida Fine Wine & Spirits LLC dba
Total Wine & More for the commercial plaza tenant space at 19925 Biscayne
Boulevard, City of Aventura.
2. The use shall be established within twelve (12) months of the date of the approved
resolution, or the approval granted herein shall expire, unless extended by motion of
the City Commission at the written request of the applicant.
3. The applicant shall obtain a 4COP Series state license for sale of beer, wine and
liquor. No sales by the drink or consumption on premises are permitted, except for
2.5 fluid ounce maximum size beverage sample tasting at in-store events and
seminars.
4. The applicant shall provide responsible vendor training programs for its associates.
5. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3 of the City Code, namely, between the hours
of 8 a.m. and 10 p.m., except for sales on Christmas Eve and New Year's Eve when
sales are permitted until 12 midnight.
6. The sale of alcoholic beverages shall be terminated in the event that the City
Commission determines, after a public hearing, that the operation has created
and/or may tend to create a disturbance to the community. A public hearing shall be
set if the City Manager finds probable cause to believe that a disturbance has been
created, based upon complaints received or the City Manager's observation.
THE REQUEST
The applicant, Florida Fine Wine & Spirits LLC, dba Total Wine & More, is requesting
Conditional Use approval to establish a liquor package store with ancillary education
room and wine tasting as permitted by Florida law, in a 30,000 square foot tenant space
at the north end of the commercial plaza at Biscayne Boulevard and Aventura
Boulevard, with municipal address of 19925 Biscayne Boulevard, notwithstanding the
spacing and distance requirements for the sale and service of alcoholic beverages of
Section 4-2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Deer Capital LLC
APPLICANT Florida Fine Wine & Spirits LLC dba Total
Wine & More
ADDRESS OF TENANT SPACE 19925 Biscayne Boulevard, City of Aventura
(See Exhibit #2 for Location Map)
SIZE OF PROPERTY: Approximately 6.43 acres (entire plaza site)
Store Area is 30,000 square feet
LEGAL DESCRIPTION Part Tract "A-12", Aventura Twelfth Addition,
Plat Book 146, Page 19 of the Public Records
of Miami-Dade County, Florida, City of
Aventura
(See Exhibit #3 for complete legal description)
Zoning —
Subject Property: B2 Community Business District
Properties to the North: RMF3 Multifamily Medium Density Residential District
Properties to the South: B2 Community Business District
2
Properties to the East: B2 Community Business District
Properties to the West: Biscayne Boulevard
Existing Land Use —
Subject property: Commercial Plaza
Properties to the North: Residential Condominium
Properties to the South: Regional Mall
Properties to the East: Medical Offices/Emergency Room
Properties to the West: Biscayne Boulevard
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property: Business and Office
Property to the North: Medium-High Density Residential
Property to the South: Business and Office
Property to the East: Business and Office
Property to the West: Roadway
The Site - The subject site contains a one story, commercial plaza with 72,683 square
feet of retail floor area and 5,968 square feet of restaurant floor area. The major
tenants are SteinMart clothing store and Roche Bobois furniture store with a Chili's
Restaurant in a separate freestanding building. There is a vacant 30,000 square foot
retail tenant space, located at the north end of the main plaza building that was formerly
occupied by HH Gregg electronics store. A total of 353 parking spaces are required by
City Code, where 356 parking spaces are provided in surface parking areas to the west,
north and south of the main plaza building. A site plan of the plaza is attached as
Exhibit #4.
The required number of parking spaces for the retail spaces in this plaza is based on
the generalized parking value permitted by Section 31-171(12) of the City Code, that is,
1 parking space for each 225 square feet of gross leasable area. The site complies
with the number of spaces required by Code with 353 spaces required and 356 spaces
provided; however, staff is concerned that a liquor package store will create a greater
parking demand than a retail store. If calculated individually and not generalized as
permitted by City Code, a retail store with 30,000 square feet of leasable area would
need 120 parking spaces, whereas a 30,000 square foot liquor package store would
need 200 parking spaces. The applicant has provided a parking utilization study of the
plaza, attached as Exhibit #5, which shows that a maximum parking demand of 123
spaces during the study period, that is, there was a minimum of 233 empty spaces.
This study has been reviewed by the City's Traffic Engineer Consultant. It confirms that
the existing number of parking spaces in this shopping center can accommodate an
anticipated increase in parking demand by the Total Wine & More store.
I
3
The Project - Total Wine & More proposes to establish a liquor package store with
ancillary education room and wine tasting as permitted by Florida law, in a vacant
30,000 square foot tenant space formerly occupied by HH Gregg electronics store.
This tenant space is at the north end of the main plaza building as shown on the
attached site plan. The proposed floor plan is attached as Exhibit #6.
A liquor package store is a permitted use in the B2 zoning district; however, conditional
use approval is required due to the distance and spacing requirements of Chapter 4 of
the City Code. Section 4-2 (a) and (b) of the City Code establishes certain spacing and
location requirements applicable to businesses selling alcoholic beverages. The Code
provides that no premises shall be used for the sale and service of alcoholic beverages
to be consumed on or off premises unless it is located at least 1500 feet from a place of
business having an existing liquor license (and not one of the uses excepted from the
spacing requirements) and 2500 feet from a religious facility or school. It allows certain
exceptions detailed in Section 4-2(e) of the City Code and noted below in the analysis
of this request. The applicant does not meet either the spacing requirements or the
exception conditions and therefore requires conditional use approval.
The Aventura Police Department has reviewed the application. The general provisions
of Condition #6 listed on Page 2 of this staff report satisfies its concerns with the
establishment of a liquor package store.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This store is located within property with a
Business and Office land use designation which permits commercial uses.
Citizen Comments - The Community Development Department has received no
written citizen comments as of the date of writing of this report.
Community Development Department Analysis - The applicant is requesting
conditional use approval for the establishment of a liquor package store. Chapter 4 of
the City Code, regulating the sale of alcoholic beverages, requires certain spacing and
distance requirements from religious facilities and schools and from other
establishments selling alcoholic beverages.
Section 4-2 (a) and (b) of the City Code provides that, unless approved as a conditional
use, no premises shall be used for the sale of alcoholic beverages to be consumed on-
or off-premises at locations less than 1,500 ft. from another place of business having an
established alcoholic beverage use (and not one of the uses excepted from the spacing
requirement), or at locations less than 2,500 feet from a religious facility or school.
The applicant has submitted a liquor survey which shows 2 non-exempted
establishments selling alcoholic beverages within 1,500 feet, those being the Winn-
Dixie Liquor Store in the Promenade Shops Plaza and the Walgreens Pharmacy on
Aventura Boulevard. The liquor survey also shows 3 religious facilities within 2,500 feet
4
of the proposed use, those beingthe Aventura TurnberryJewish Center on NE 30
p p
Avenue, Beth Torah Benny Rok Campus on NE 26 Avenue and Netive Ezra on NE 207
Street. The latter two facilities are outside of the City limits. The liquor survey is
attached as Exhibit #7 to this report.
Section 4-2 (e) of the City Code provides for ten exceptions to these spacing and
distance requirements. An establishment selling alcoholic beverages is exempt from the
1,500-foot and 2,500-foot spacing distances if it falls within one of the following
categories:
1. A private club conforming to the requirements of a private club as stated in the State
Beverage Law.
The proposal does not meet this definition for exemption.
2. Restaurants in the 81, 82, TC1, TC2 and TC3 zoning districts which serve cooked,
fully course meals daily prepared on the premises and which provides alcoholic
beverages service only to persons seated at tables.
The proposal does not meet this definition for exemption.
3. Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at
tables or counts and occupies more than 4000 square feet of floor space.
The proposal does not meet this definition for exemption.
4. Beer and wine for off-premises consumption as a grocery item, from grocery stores
and meat markets.
The proposal does not meet this definition for exemption.
5-10. Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms,
golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor
racquetball clubs, and not-for-profit theatres with live performances and 100 seats.
The proposal does not meet any of these definitions for exemption.
Criteria
According to Section 31-73(c) of the City's Land Development Regulations, a
Conditional Use request is evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the Comprehensive Plan. The establishment is to
be located on a parcel with business and office land use designation which
permits commercial uses.
5
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The request for establishment of a liquor package store within an existing
commercial plaza will not be detrimental to or endanger the public health, safety
or general welfare. Although the proposed tenant space is immediately adjacent
to a residential use, there is a well planted landscape buffer between the
proposed tenant space, parking area and the condominium. The applicant
advises that it successfully operates 23 stores in Florida with several in other
municipalities in Miami-Dade County and remains in good standing with the
Florida Division of Alcohol Beverages & Tobacco, has no record of administrative
action for sales to minors and maintains responsible vendor training programs for
its associates.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The request for establishment of a liquor package store is consistent with the
business community character of the immediate neighborhood. The store is to
be located in a commercial plaza adjacent to other commercial/retail stores and
will front on the major arterial roadway through the City.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of
these LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities,
including police, fire and emergency services exist at the City's adopted levels of
service or will be available concurrent with demand as provided for in the Land
Development Regulations. The proposal will not affect the adopted levels of
service. The applicant has provided a Parking Utilization Study to evidence that
there are sufficient parking spaces on site to support the proposed conditional
use.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The store is accessed by way of existing entrances and exits to Aventura
Boulevard and Biscayne Boulevard, as shown on the existing approved site plan
attached as Exhibit #4 to this report. The proposed use will not affect approved
ingress and egress.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
6
The establishment of a liquor package store will not impede the development of
surrounding properties for uses permitted in the zoning district.
7. The design of the proposed use shall minimize adverse affects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The liquor package store is proposed to be established within an existing tenant
space in a commercial plaza. The store entrance will front onto Biscayne
Boulevard. There will be no visual impact of the proposed use on adjacent
property.
Alicia J. Lewis, Esq.
reospoon a r er 200 East Broward Boulevard,Suite 1800
Fort Lauderdale, Florida 33301
Phone: 954.491.1120
Fax:954.771.9264
Direct Phone:954.527.6276
Direct Fax:954.333.4176
Email:alicia.lewis@gmlaw.com
Conditional Use Application Letter of Intent
Florida Fine Wine& Spirits,LLC (19925 Biscayne Boulevard Aventura,FL 33180)
The following Letter Of Intent has been prepared Florida on behalf of Fine Wine &
Spirits, LLC ("Petitioner") in connection with the enclosed conditional use application for the
property located at 19925 Biscayne Boulevard ("Property") in the City of Aventura, Florida
("City"). The Property is an existing retail plaza owned by Deer Capital, LLC ("Owner"). The
Petitioner has executed an agreement with the Owner to lease an existing 30,000 square foot
tenant space on the north side of the retail plaza. The tenant space was previously occupied by an
HH Gregg electronics store but is currently vacant. The Petitioner is proposing to install a Total
Wine & More liquor package store ("Total Wine") with an ancillary educational and tasting
room, as permitted by Florida law.
The Property is located within the City's General Business(B-2)zoning district. Pursuant
to Section 4-2 of the City's Land Development Code, a liquor package store use in the B2 zoning
district and the sale of alcoholic beverages require conditional use approval based on the distance
of the proposed use from other alcoholic beverage service establishments, schools, and religious
facilities. The proposed Total Wine will operate primarily as a liquor package store selling beer,
wine and spirits for off premise consumption. Total Wine does not operate as a lounge or bar and
does not sell alcohol beverages by the drink for on premise consumption. The proposed hours of
operation are 9:00 am to 10:00 pm seven days a week.
Section 31-73(c) of the City's Code provides the general standards of review to be
applied by the City when granting conditional use approval. The proposed Total Wine satisfies
the City's standards for conditional use approval as follows:
Exhibit 1
04-CU-17
Boca Raton I Denver I Ft.Lauderdale I Las Vegas I Miami I Miami Beach I Naples I Nashville
New York I Orlando I Port St.Lucie I Portland I San Diego I Tallahassee I Tampa I West Palm Beach
In New York,Greenspoon Marder,P.A.practices under the name Greenspoon Marder,P.A.P.C.
In California,Greenspoon Marder LLP practices using the fictitious name and trademark Greenspoon Marder under license from Greenspoon Marder,P.A.
31973720v2
Letter of Intent
Page No. 2
1. The proposed use shall be consistent with the Comprehensive Plan;
The Property is located within the City's B-2 zoning District. The purpose of the B-2
zoning district is to permit general commercial activity that will provide a range of goods
and services to the community and sub region. Pursuant to Section 31.144.(C)of the City
Code, Total Wine will serve the specific shopping needs of the surrounding community
and greater sub region with greatest convenience at the proposed Property. The Property
is designated Business and Office on the City's Future Land Use Map and the proposed
liquor package store use is permitted in this land use category. The proposed Total Wine
furthers the goals,objective, and policies of the City's Comprehensive Plan as follows:
a. The proposed Total Wine furthers Policy 1.4 because it limits the density and
intensity of redevelopment to reflect the existing development patterns as detailed in
the Land Development Regulations in order to minimize the negative impacts on the
City's infrastructure, traffic congestions, evacuation clearance times, and quality of
life. The proposed development is an appropriate location for Total Wine because it is
located in a B2 zoning district adjacent to a major arterial roadway.
b. The proposed Total Wine furthers Policy 1.7 because the proposed development will
conform to site development standards as outlined in the Land Development
Regulations. The proposed development will conform to the site development
standards as listed in Section 31-144.(C) Community Business District of the Land
Development Regulations.
c. The proposed Total Wine furthers Policy 2.2 because it is consistent with the policies
relating to location, function, and character as stated in the Comprehensive Plan and
the Land Development Regulations. The Property is an appropriate location for the
proposed Total Wine because it is designated as Business and Office Land Use and is
located at the intersection of the major arterial roadway U.S. 1, otherwise known as
Biscayne Boulevard, and the local collector street Aventura Boulevard. The Business
and Office Land Use district is intended for the full range of commercial retail
activities that serve the entire community of the City. Access to the Property is
provided along both Biscayne Boulevard and Aventura Boulevard which allows safe
and convenient access to the proposed Total Wine.
d. The proposed Total Wine furthers Objective 3 because it is consistent with the Future
Land Use Plan as it emphasizes concentration and intensification of development
around centers of activity and the development of well-designed communities
containing a variety of uses and public services, and the renewal and rehabilitation of
blighted areas. The Property is located just north of Aventura Mall which is
designated as part of the Metropolitan Urban Center by the Miami-Dade
31973720v2
Letter of Intent
Page No. 3
Comprehensive Master Development Plan. The proposed Total Wine will support this
objective as it enhances economic development in the area by occupying the
previously empty 30,000 square foot retail unit. This proposed Total Wine is
consistent with this objective because the Property provides convenient access via the
adjacent major arterial roadway and is in close proximity to several residential
developments.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health,safety, or general welfare;
The proposed sale of alcoholic beverages will not negatively impact adjacent residential
areas or surrounding non-residential uses and shall not he detrimental to or endanger the
public health, safety, or general welfare. There are a number of similar establishments
within the City that participate in the sale of alcoholic beverages for consumption off-
premises only. The Total Wine chain successfully operates 23 stores in Florida with
several in other municipalities of Miami-Dade County and as such is accustomed to the
requirements for the successful operation of a liquor package store. Total Wine remains
in good standing with the Florida Division of Alcohol Beverages & Tobacco, has no
record of administrative action for sales to minors, and maintains responsible vendor
training programs for its associates. Also, the organization employs knowledgeable staff
and attempts to educate the public through designated educational space. This location
will dedicate approximately 1,100 square feet to be used as a classroom setting for
educational seminars and tasting events.
The Property is located at the intersection of the major arterial roadway, Biscayne
Boulevard, and the local collector street Aventura Boulevard which will maintain the safe
and convenient access the plaza currently provides with the addition of the proposed
Total Wine. The proposed Total Wine will participate in the sale of alcoholic beverages
for consumption off premises only and will not present any increased detriment to public
health or the safety and general welfare of those living or seeking services in the
surrounding area. No aspect of the establishment, maintenance or operation of the
proposed Total Wine will be detrimental to or endanger the public health, safety, or
general welfare.
3. The proposed use shall be consistent with the community character of the
4 immediate neighborhood of the proposed use;
The proposed use will be consistent with the high level of commercial activity in the area
surround the activity center of Aventura Mall. The Property is one component of the
major commercial node of the City located along the east side of the roadway at the
intersection of Biscayne Boulevard and SR 856-William Lehman Causeway. This
commercial node is situated among other general commercial uses and a variety of
31973720v2
• Letter of Intent
Page No. 4
nearby residential developments. Pursuant to Section 31.144.(C) of the Land
Development Regulations, the B2 zoning district is intended for general commercial
activity for a wide range of goods and services to the entire community such as the
proposed Total Wine. The site currently provides for attractive architectural features and
landscaping elements which are compatible with the surrounding uses. The proposed
Total Wine will reside in the currently unoccupied unit and improve the retail plaza as a
whole. The proposed use is directly in harmony with the general purposes of the zoning
ordinances of the City and is in harmony with the existing and proposed land uses
surrounding the Property.
4. Utilities, roadway capacity, drainage,and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of service,
or will be available concurrent with demand as provided for in the requirements of
theses LDRs;
The Property is currently developed as a retail plaza and has been previously approved
through past site plans to provide sufficient utilities, roadway capacity, drainage, and
other public facilities and services. A traffic statement has been prepared by a certified
traffic engineer and has been attached hereto as Exhibit A. Total Wine is expected to
create a slight increase in daily trips compared to the previous HH Gregg electronics
store, but will decrease the number of pm peak hour trips. The decrease in pm peak our
trips will reduce the impact on the overall plaza that includes many uses with high pm
peak trip rates. The projected trip generation of the Total Wine will not require any
additional public facilities or services to operate successfully. A parking utilization study
has been prepared by a certified traffic engineer and has been attached hereto as Exhibit
B. Pursuant to the attached parking utilization study, the current maximum parking
demand of the existing retail plaza is 123 parking spaces. Per Section 31-171.b.11, the
required parking for a liquor package store at this location is 200 parking spaces. This
study suggests the need for 323 parking spaces to effectively serve the shopping center
and the site currently includes 356 parking spaces. Other infrastructure, including
utilities,police, fire, and emergency services already exists at the adopted level of service
for the retail plaza and will remain available and concurrent in accordance with the City's
Land Development Regulations. There is expected to be no change to the City's adopted
level of service resulting from the approval of this Total Wine as a conditional use.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets;
The proposed Total Wine is one unit of a previously developed retail plaza that currently
maintains two(2)points of ingress and egress for the site. Point of access along the major
arterial roadway Biscayne Boulevard and the point of access along Aventura Boulevard
provide safe and convenient access to the site in such a way that minimizes traffic
31973720v2
Letter of Intent
Page No. 5
congestion on the surrounding public streets and maximizes internal circulation of the
plaza.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district;
The proposed use is located in an established retail plaza and therefore presence of the
proposed Total Wine as a conditional use will not impede any existing or proposed
developments surrounding this use.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation,setbacks, buffers,landscaping and other design criteria.
The proposed Total Wine will minimize the adverse effects of the use on the adjacent
properties through the previously approved and developed site design aspects that
currently exist on the site. The Property is arranged so that the large retail units front the
major arterial roadway Biscayne Boulevard. Sufficient landscapes, setbacks, buffers and
other design elements are currently present on this Property in accordance with the site
design standards set forth in Section 31.144.(C) of the Land Development Regulations.
The retail plaza currently presents no visual or adverse effects on adjacent properties and
the conditional approval of this use will not impact these elements.
Attached to this application are the necessary reports, resolutions, and plans required for
a Public Hearing Application for Conditional Use Approval. The application package also
includes the required distance survey and a check drawn on the account of Deer Capital, LLC in
the amount of$6,000 representing the$5,000.00 filing fee and the$1,000.00 advertising deposit.
Thank you for your review of the preceding. If you have any questions or require
anything further regarding the above,please contact me directly.
Regards,
Alicia J. Lewis, Esq.
31973720v2
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s♦ Exhibit 2
04-CU-17
Legal Description . Folio: 28-1234-071-0010
TRACT"A-12", AVENTURA TWELFTH ADDITION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 146, PAGE
19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWING
PARCEL VESTED IN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION PURSUANT TO THAT CERTAIN ORDER OF
TAKING RECORDED APRIL 3, 1998, IN OFFICIAL RECORDS
BOOK 18041, PAGE 3522, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA:
BEGIN AT THE NORTHWEST CORNER OF TRACT "B-12" OF
SAID PLAT OF AVENTURA TWELFTH ADDITION; THENCE
ALONG THE NORTH LINE OF SAID TRACTS "A-12" AND "B-12",
NORTH 87°33'08" EAST, A DISTANCE OF 21.102 METERS (69.23
FEET)TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
EAST AND HAVING A RADIUS OF 1,687.000 METERS (5,534.77
FEET) AND A TANGENT BEARING OF SOUTH 00°48'11" WEST;
THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
01°55'32" FOR A DISTANCE OF 56.695 ME I ERS(186.01 FEET)
TO REFERENCE POINT"C"AND THE POINT OF REVERSE
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE WEST
AND HAVING A RADIUS OF 603.000 ME 1 ERS (1,978.34 FEET);
THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR •
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
06°26'15" FOR A DISTANCE OF 67.752 METERS (222.28 FEET)
TO A NON-TANGENT POINT ON A CIRCULAR CURVE CONCAVE
TO THE EAST AND HAVING A RADIUS OF 1,156.328 MEI ERS
(3,793.72 FEET)AND A TANGENT BEARING OF SOUTH
01°37'10" WEST; THENCE RUN SOUTHERLY ALONG THE ARC
OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 02°25'46" FOR A DISTANCE OF 49.030 METERS
(160.86 FEET); THENCE ALONG THE EAST LIMITED ACCESS
RIGHT-OF-WAY LINE OF STATE ROAD NO. 5 (BISCAYNE
BOULEVARD) FOR THE FOLLOWING TWO (2) COURSES: (1)
NORTH 28°05'09" WEST A DISTANCE OF 9.346 ME 1 ERS (30.66
FEET); (2) NORTH 05°24'59"WEST A DISTANCE OF 63.659
ME I ERS (208.85 FEET); THENCE ALONG THE EAST RIGHT-OF-
WAY LINE OF STATE ROAD NO. 5 (BISCAYNE BOULEVARD) FOR
THE FOLLOWING TWO (2) COURSES: (1) SOUTH 87°30'59"
WEST A DISTANCE OF 4.267 METERS (14.00) FEET; (2) NORTH
02°07'21" WEST A DISTANCE OF 101.121 METERS (331.76)
FEET TO THE POINT OF BEGINNING.
Exhibit 3
04-CU-17
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mcm Ho NMcMAHON ASSOCIATES, INC.
2090 Palm Beach Lakes Boulevard,Suite 400
West Palm Beach,FL 33409
TRANSPORTATION ENGINEERS& PLANNERS p 561-840-8650 1 f561-840-8590
PRINCIPALS
Joseph W.McMahon,P.E.
Joseph J.DeSantis,P.E.,I'TOE
September 25,2017 John S.DePalma
P William T.Steffens
Casey A.Moore,P.E.
Gary R.McNaughton,P.E.,PTOE
ASSOCIATES
VIA E-MAIL
John J.Mitchell,P.E.
Christopher J.Williams,P.E.
R.Trent Ebersole,P.E.
Ms.Alicia J. Lewis, Esq. Matthew M.Kozsuch,P.E.
Greens oon Marder, P.A. Maureen Chlebek,P.E.,PTOE
P Dean A.Can,P.E.
200 East Broward Boulevard,Suite 1800
Fort Lauderdale, FL 33301
RE: Aventura Total Wine&More Parking Analysis
McMahon Project No. L17692.01
Dear Mr. Lewis:
McMahon Associates, Inc. (McMahon) has completed a parking analysis for the proposed redevelopment of a
site located at 19925 Biscayne Boulevard, Aventura, FL 33180. The site is a shopping center that includes a
variety of retail and restaurant uses. The existing shopping center includes 72,683 square feet of retail space and
5,968 square feet of restaurant space for a total of 78,651 square feet. One(1)of these uses is an hhgregg building
of approximately 30,000 square feet. The H. H. Gregg building is currently vacant. The proposed use for the
same space is a Total Wine & More liquor package store. There are currently 356 parking spaces provided on
the site. Figure 1 graphically depicts the site location.
Parking Requirement
Section 31-171.b.12.a of the City of Aventura Land Development Regulations provides an option for parking
requirements in shopping centers between 40,000 and 1,000,000 square feet of gross leasable area. This plaza
falls into this category and is required to provide one(1)parking space per 225 square feet of gross leasable area.
Given the total gross leasable floor area of 78,651 square feet for the shopping center, this would require 353
parking spaces to be provided.
Alternatively, pursuant to Section 31-171.b.11 of the City of Aventura Land Development Regulations, a liquor
package store use is required to provide one (1) parking space per 150 square feet of gross floor area. The
proposed Total Wine&More site is proposed to be approximately 30,000 square feet,which would require 200
parking spaces.
Exhibit 5
04-CU-17
Engineering I Planning I Design I Technology mcmahonassociates.com
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Location Aerial Photograph AlMcMAHON
Aventura Total Wine&More Parking Analysis
TRANSPORTATION ENGINEERS&PLANNERS
Aventura, Florida
Alicia J.Lewis, Esq.
September 25,2017
Page 3
Parking Accumulation
Parking accumulation data collection was performed in 30-minute intervals at the site for the following time
periods:
❖ Thursday,September 21,2017 from 5:00 PM to 9:00 PM
❖ Friday,September 22,2017 from 5:00 PM to 9:00 PM
❖ Saturday,September 23,2017 from 1:00 PM to 9:00 PM
Results of the parking data collection for all three(3)days is summarized in Table 1. Results of the data indicate
a maximum parking accumulation of 123 vehicles, which occurred on Saturday between 5:00 and 5:30 PM.
Table 1: Parkin• Accumulation Data
THURSDAY FRIDAY SATURDAY
TIME PERIOD
(SEPTEMBER 21, 2017) (SEPTEMBER 22, 2017) (SEPTEMBER 23, 2017)
1:00-1:30 PM N/A N/A 103
1:30-2:00 PM N/A N/A 100
2:00-2:30 PM N/A N/A 115
2:30-3:00 PM N/A N/A 109
3:00-3:30 PM N/A N/A 102
3:30-4:00 PM N/A N/A 100
4:00-4:30 PM N/A N/A 96
4:30-5:00 PM N/A N/A 106
5:00-5:30 PM 91 112 123
5:30-6:00 PM 76 111 116
6:00-6:30 PM 75 102 117
6:30-7:00 PM 70 111 112
7:00-7:30 PM 72 117 102
7:30-8:00 PM 80 121 108
8:00-8:30 PM 70 120 119
8:30-9:00 PM 64 119 114
Alicia J.Lewis, Esq.
September 25,2017
Page 4
Parking Analysis
The site currently includes 356 parking spaces. Per Section 31-171.b.12.a of the City of Aventura Land
Development Regulations,the shopping center has a parking requirement of 353 parking spaces. Therefore,the
shopping center can accommodate the required parking demand.
The parking requirement for the site was also calculated by summing together the current parking accumulation
for the shopping center and establishing the required parking for the Total Wine&More per Section 31-171.b.11
of the City of Aventura Land Development Regulations. The parking accumulation data indicates a maximum
current parking demand of 123 parking spaces. Per Section 31-171.b.11,the required parking for the Total Wine
& More is 200 parking spaces. Therefore, the total parking requirement for the site with the proposed
redevelopment is 323 parking spaces. Therefore, the shopping center can accommodate the required parking
demand with the proposed redevelopment of an hhgregg to a Total Wine&More.
,,oii➢���f/si�x�
Should you have any questions or comments regarding these findings,please doi'tgi eli>� tgr� iine.
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Certificate of Authorization No.4908
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MAP OF SPECIFIC PURPOSE Survey Pros, Inc_
8306 MILLS DRIVE SUITE 148.MIAMI,FL.33183
Tel:305.767.6802
"DISTANCE" SURVEY www.survey-pros.corro
FOR A PORTION OF LAND LOCATED IN MIAMI—DADE COUNTY, FLORIDA.
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PROPERTY ADDRESS:
SPECIFIC PURPOSE SURVEY FOR:
19925 BISCAYNE BOULEVARD
AVENTURA,FL 33180
SURVEYOR'S NOTES:
1.THIS IS NOT A BOUNDARY SURVEY.
2.THIS SPECIFIC PURPOSE SURVEY WAS PERFORMED ON MAY 26TH,2017.
3.THE FOLLOWING GUIDELINES WERE USED TO CREATE THIS SPECIFIC PURPOSE SURVEY,AS PROVIDED BY THE CLIENT:
A.1 500 AND 2 000-SECTION 4-2.(A)OF THE CITY OF AVENTURA CODE OF ORDINANCES STATES THAT SIMILAR USES SHALL BE MEASURED
BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST PORTION OF THE PROPOSED STRUCTURE TO THE NEAREST POINT OF THE
EXISTING STRUCTURE.
B.2 500 AND 3.000-SECTION 4-2.(B)STATES THAT RELIGIOUS FACILITIES AND SCHOOLS SHALL BE MEASURED BY FOLLOWING A STRAIGHT
LINE FROM THE FRONT DOOR OF THE PROPOSED PLACE OF BUSINESS TO THE NEAREST POINT OF THE RELIGIOUS FACILITY OR SCHOOL
GROUNDS.
4.THE METHOD OF LOCATION OF THE VARIOUS ESTABLISHMENTS WAS VISUAL IDENTIFICATION BY OUR PERSONNEL IN THE FIELD.
5.THE LOCATION OF THE PROPOSED FACILITY IS 19925 BISCAYNE BOULEVARD.AVENTURA,FL.33180 AT THE SITE MARKED HEREON.
THE FOLLOWING ESTABLISHMENTS WERE LOCATED:
SIMILAR USES PER SECTION 4-2.(A):
A.SUNOCO GAS STATION AND MART(2691 NW 203RD STREET,AVENTURA,FL.33180),MEASURED 1,117 FEET.
B.WINN-DIXIE LIQUORS(20355 BISCAYNE BOULEVARD,AVENTURA,FL.33180),MEASURED 1.270 FEET. r-- N-
C.WINN-DIXIE (20417 BISCAYNE BOULEVARD,AVENTURA,FL.33180),MEASURED 1.375 FEET. V'
D.WALGREENS(3007 AVENTURA BOULEVARD,AVENTURA,FL.33180).MEASURED 1,310 FEET.
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RELIGIOUS FACILITIES AND SCHOOLS PER SECTION 4-2.(13): ....... 01
E.AVENTURA TURNBERRY JEWISH CENTER(20400 NE 30TH AVENUE.AVENTURA,FL.33180).MEASURED 1.560 FEET. I
F.BETH TORAH BENNY ROK CAMPUS(20350 NE 26TH AVENUE,AVENTURA,FL.33180),MEASURED 1,481 FEET. X gzt
G.NETIVE EZRA(BET HAKNESSET YOSEPH MORDECHAI VEESTHER)(2655 NE 207TH STREET.AVENURA,FL.33180).MEASURED 2.355 FEET. LLI 0
CERTIFIED TO:
TOTAL WINE 8 MORE
GREENSPOON MARDER
SURVEYOR'S CERTIFICATE: DATE OF FIELD WORK
I HEREBY CERTIFY THAT THIS SPECIFIC PURPOSE SURVEY IS TRUE AND CORRECT TO THE BEST • 08/24/17
OF MY KNOWLEDGE AND BELIEF AS RECENTLY SURVEYED AND DRAWN UN R MY DIRECTION. ;,. .,,,
AUTHENTIC COPIES OF THIS
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SURVEY SHALL BEAR THE • ' DRAWN BY:NICK
ORIGINAL SIGNATURE AND '\*(e.kl, '' •
RAISED SEAL OF THE NICOLAS DEL VENTOCAD FILE.OREENSPOON
ATTESTING REGISTERED PROFESSIONAL SURVEYORS MAPPER U.':
....
SURVEYOR AND MAPPER STATE OF FLORIDA LIC.0 6945 SHEET 1 OF 1
•
APPLICANT REPRESENTATIVE AFFIDAVIT
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Pursuant to Section 3'-7'(b)(2)()o'the City of Avertura.and Development Code.this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity apoiyrg for the Development Permit,which:s identified in the accompanying
application,and the owner of the property subject to the applicator(if d:fferentj hereby lists and identifies al'persons represeiting the individual or entity
appfying far the Development Permit in connector.with the application.as follows
Name Relationship ri e Attorneys.Architects Landscape
Architects.Engineers,Lobbyists.Etc.)
atm►c Lt�x'151 7 k-r-rott< -1`
--�or€t�� Stet=K kr ► Efscz k-C-tb G-
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(Attach Additional Sheets It Necessary)
NOTICE. ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC.31-71(B)(2)(tV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT
THAT PRIOR TO CONSIDERATiON OF THE APPLICATION BY THE CITY BOARD OR COMMISSION. THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS 1,`'l ^DAY OF 'eiQ .200
AJTHORIZED REPRESENTATIVE OF APPLICANT OWNER
By By. X 3 AN,
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(Signorine) JSignalwe)
Name. — — Name =-rvPi itiit?
(Pr/rip (Print)
Title — Title �c iL� s4 —
Address._ ,-- --- Address: UPON TLioUca6f1RtK6.su_Lig"15a
1Wrk®5pr,t64D J 7
STATE 0;Ft.O t9A )
COUNTY OF MtAttfiBADEI
Before me the undersigned authority personally appeared m }t�i� ..., uthor;zed representative of the
Applicant and/or the owner of :he properly subject to the application, who being first by me duly sworn, did swear or affirm that ne/she
executed this Affidavit for the purposes staled therein and that it is true and correct —
X \��'`
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME thistlty of SCert1mtak, 260_
`�t�fttt►htt '2:5)7111114
.• yQ.• „ ..., F,y -,� Notary Pu i is 1
• C" PO :;� Printed Name of Notary ti> *�-
0 My commission expires • 2,0ZI
2 MY
COMMISSION =
- -• EXPIRES
o,y,.•• 2/6/2021 .
1
1.0 BUSINESS RELATIONSHIP AFFIDAVIT*
I
This MOWS s Made pursuant b Seaton 31-740)0 of tie CO of lumens Land pmelepreeet Cede The uadirsemsd Mast Manby discloses fit
Paoli welt Y applicable patrons may)
X.
Mani does gel have a Business Rel ipnchp with any member of Ile City Commesen or any City Adesory Bond to se ich
the appkaboo we be presented.
()2. Aram hereby dadoses that a dors have a Business Relationship wth a mamba of tie Cny Commission or a City Adrwy
Board to"Mich the application will be pesemed,as bates
(List name d Commissioner or Advisory Boast Member) who serves m the
(List Cly Catrnscun 0101 AMMO/Board upon Mach mambo serves).
The liaise of Me Burnes Reisriatst i,is as t raehrs
(1 i
Member of City Comrnsson o Board holds an ourrerstap nearest in excels ce 11%al Iota wets or espial attics
of Appkant or Representative:
1 i, Member of City Comtrssioa or Boad is a partner,co shareholder(as to shoos of a corporation which are not
listed on any about a impanel stock exchange)or joint venturer wit the Applicant err Representative in say
eusinees venture;
1(lu. The Applsant a R presentative in a Client at a member of the City Commission or Board or a Client of another
idid¢ professional wading from the same°Nee a tar me same employer as the member of the City Comeensitn a
Board;
[(iv. A City Commissioner or Board member is a Clent cf the Apr/Scarier Representative,
f 1 v The Appecanl or Representebsre is a Customer of the member of the City Commission or Board(or of his a her
employer)and transacts more Man S10,000.00 of the business d the member of the City Comnt:seion a Baal( r
his or her employe)in a pen calendar year;
I I n. The member a the City Comrnissen or Board is a Customer of the Applicant or Representetve arid transacts
MVO than$25,000 Cl)of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HMO THIS DAY OF 17f fE-rns1lj--K 21
AP UCANT
BY. sail►� _ - S • •'. Signalise)
Thee. SFS P�f (PM)
WITNESS MY HAND THIS DAY OF 200_
PROPERTY OWNER;
or __Agnate)
NNW (Print)
TMs_ Plop
'Me terms 'Business Rektionslrjo." C4ierrl''CusipnreC i,oplicarir,' 7heiresertrevne-and '7nleresied Boson'are defined in
Seciex 2.39.5 or the Aventwa City Coda.
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STATE Of FLORIDA--' ) ,,/
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SIMORn TO ANOTI ro Wader. >++2111er 5a1 ' ".1, ACHERYL A. COLE
Notary Public :44,e144a � '
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My Commission Ex lees Jul 24,2Q�, VC°1"""0Aa'�"- -
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BUSINESS RELATIONSHIP AFFIDAVIT*
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This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aver tura Land Development Code. The undersigned Affiant hereby discloses that.
(mark with"x'applicable portions only)
X1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
` the application will be presented.
( J 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented,as follows.
(List name of Commissioner or Advisory Board Member) who serves on the
_(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows
(J i Member of City Commission or Board holds an ownership interest it excess of 1%of total assets or capital stock
of Applicant or Representative,
(J ii Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are not
listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any
business venture;
(16i. The Applicant or Representatve is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board,
(J iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
(J v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more than$10,000 00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year;
(J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND-HIS _ DAY OF .20Q
0 APPLICANT'.
By: (Signature)
4 Name. (Print)
Title: __ (Print)
WITNESS MY HAND THIS DAY OF 200_.
PROPERTY OWNER:
By. _ __ (Signature)
Name: _— (Print)
Title. (Print)
'The terms 'Business Relationship," "Client," "Customer," "Applicant," "Representative"and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
14
t ,
WITNESS MY HAND THIS 31 DAY OF A-ugUST ,204J.
REPRESENT TIVE:(Listed on Business Relationship Affidavit)
By: A( (Signature) By: (Signature
Name: A L- t o L VW t S (Print) Name: (Print)
Title: 4-RO12N El (Print) Title: (Print)
By: (Signature) By:_ _(Signature
Name: (Print) Name:_ (Print)
Title: _ _.(Print) Title:_ (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: _ (Print)
Title: (Print) Title: (Print)
By:_ (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: __.._ (Print)
By: (Signature) By: (Signature
Title: (Print) Title — _.(Print)
Title: (Print) Title: ,(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS 15 DAY OF-aA - ,2012
REPRES TI E:(Listed on Business hip Affidavit)
By: , 1 (Signature) By: (Signature
NameSOk n L. Ski mi H(Prini) Name: (Pont)
Title:Opin ch v'C I t'4-/a. (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: _(Print) Name: (Print)
Title: (Print) Title: _ (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: —_--. (Print)
By:. (Signature) By:.._ (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: __(Print)
By: (Signature) By: (Signature
Title: (Print) Title: –_ -- __. – --(Print)
Title: (Print) Title: _(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
L 1
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared AL►c-I A L-E.WAs the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
MIRANDA L. SCOTT
SWORN TO AND SUBSCRIBED before me this 3 I day of,Ag41,1 ST,201/? :��.•�I`�
Commission # FF 936893
' / "" Tres
1 I/Y =,,ryw� My Commission Exp
IP.~MNt.9tary Pu~/�otic Slate• Florida At Large h•;'•,•,�` November 1 7, 2019
1„ bl is•- �uZT
Printed Name of Notary
My commission expires:j 1DM 11 1 a01c1
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me.the undersigned authority,personally appeared -___—the Alfieri!.who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of _,200_
Notary Public State of Florida At Large
Panted Name of Notary
My commission expires:_^
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared _the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT —--—— � •
SWORN TO AND SUBSCRIBED before me this day of - 200_.
Notary Public State of Flonda At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA ) +;
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of_. ____-.._,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE) + I
Before me,the undersigned authority,personally appeared) ,_4/. I Li¢,Cjrp4he Affiant,who being first by me duly swan,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct. — —
/ AF wr/ir
SWORN TO AND SUBSCRIBED before me this�6dayoff o [ P MA/P 2043 ri /
,.•14V.' % NORMA JEAN SOUSA / / ( ,,
„ i
IA Commission#GG 045365 Notary Public S .t La e
".•or Expires December 4,2020 I Usama
Troy7019 Printed Name of Notary
My commission exprces:/c2/41/2 ALO
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the AffianL who being first by me duly swan,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT --------
SWORN TO AND SUBSCRIBED before me this—day of ,200_.
Notary Public Stale of Florida At Large
Pnnled Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared-_ the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of 200_.
Notary Public State of Fonda At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE)
Before me,the undersigned authority,personally appeared _ _ the Affiant.who being first by me duly sworn,did swear or affirm that he/she •
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ _day of .__,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
Ape,.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavits made pursuant to Section 31.71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with'x'applicable portions only)
f X1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented
f )2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented,as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock
of Applicant or Representative,
E J ii. Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not
I,sted on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any
business venture;
E J iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
E J iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
E J v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year;
(J vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS DAY OF_ ,200
APPLICANT:
By: (Signature)
Name. (Print)
Title: _ _(Print)
WITNESS MY HAND THIS DAY OF _,200_.
PROPERTY OWNER.
By: (Signature)
Name: _. _ (Print)
Title: (Print)
'The terms "Business Relationship, "Client," 'Customer," 'Applicant," 'Representative"and "Interested Person" am defined in
Section 2.395 of the Aventura City Code.
WITNESS MY HAND THIS DAY OF ,200_.
REPRESENTATIVE:(Lis on B Hess Relationship Affidavit)
By:X 4A-(Signature) By: (Signature
Name: Robert Lewis,Esq. (Print) Name: (Print)
Title: Attorney (Print) Title: _ (Print)
By:. _.. (Signature) By:. _ (Signature
Name: (Print) Name: (Print)
Title: __ ._(Print) Title: _ (Print)
By:_ (Signature) By: (Signature
Name: . _(Print) Name: (Print)
Title: (Prins) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By:___ By: (Signature
Title: _ (Pant) Title: (Print)
Title: (Print) Title:_- ---___--- --(Print)
By: _ (Signature) By: (Signature
Title: (Print) Title: y _(Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned auhonty,personally appeared '&L t OEM's, the Affiant,who being first -y m4(ly sworn,did Swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
X 1.1i---�
AFFIANT
SWORN TO AND SUBSCRIBED before me this 2! day of SE _,200/x'
AI••V.` �/�y
. Adrian Avila
Commission#GG068121 Notary Puaicto of Florida I e(ge_
*. Bonded Expires:m mPdnled Name on Notary of Notary
�urnrtu� My commission expires:_
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me.the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that itis true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this .day of_ _,200_
Notary Public Stale of Florida At Large
Pnnted Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this_ day of
Notary Public State of Florida At Large
Printed Name of Notary — ---
My commission expires:_ _-_
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared_ _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of ___ .200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires_
t
WITNESS MY HAND THIS DAY OF 2000'
REPRESENT E:(Listed on Business Relationship Affidavit)
B : X /t- C" /' (Signature) By:__ (Signature
Name: Natalia Lecari,P.E. (Print) Name: _(Print)
Title:.-_Traffic Engineer (Print) Tale:__. (Print)
By: (Signature) By:__._ ._ (Signature
Name: (Print) Name: (Print)
Title: ___(Pant) Title: (Print)
By: (Signature) By: (Signature
Name: _(Pent) Name: (Print) •
Title: (Print) Title:_ (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By:__. (Signature
Title: (Print) Title. (Print)
Title: (Print) Title: __._.. _(Print)
By: (Signature) By: (Signature
Title: (Print) Title: —(Print)
Title: (Print) Title: _--_ _,(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI•DADE) /1/ 041/1
J�
Before me,the undersigned authority,personally appeared/1 ,r*i'l 6FYredin the Afbant,who ' first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIAN
SWORN TO AND SUBSCRIBED before me this oe day of Alla• ,200 7 j
•,' 'r ,,, KIM NICOLE SANTIAGO
I':) r i9 ''\ Not Public-State of Florida
� ` :I�f �t: beton#FF 91330E
r'4"71.19"''' My C. .Expires Feb 23,2020
Al`‘ss. Bonded through National Notary Assn.
PrinledN:�Notary � """ � y
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared _ the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit fa the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of 200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this day of -_- ,200-.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this- __.day of —200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:.
Or BUSINESS RELATIONSHIP AFFIDAVIT*
Or et(e'
This Affidavit is made pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code The undersigned Affiant hereby discloses that:
(mark with`'x'applicable portions only)
M 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
/` the application will be presented
[ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented,as follows
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves)
The nature of the Business Relationship is as follows.
fli. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock
of Applicant or Representative,
[In Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[]iii The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[[iv. A City Commissioner or Board member is a Client of the Applicant or Representative.
[]v. The Applicant or Representative rs a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year:
[Ivi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year
WITNESS MY HAND THIS _._ DAY OF .20Q.
APPLICANT:
By: (Signature)
Name. (Print)
Title: __ (Print)
WITNESS MY HAND THIS DAY OF 200_.
PROPERTY OWNER.
By. (Signature)
Name: (Print)
Title (Print)
'The terms 'Business Relationship," "Client," "Customer," "Applicant," 'Representative"and "Interested Person" are defined in
0 Section 2-395 of the Aventura City Code.
WITNESS MY HAND THIS is DAY OF *kfilki/ ,�
ho. 11
REPRESE TIVE:(Li ed on Business Relationship Affidavit)
By: _ (Signature) By (Signature
Name. NitCOl!aS Vi 'nnt) Name: (Print)
Title: Su Neil0 V (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: __(Print) Title: (Print)
By:_ (Signature) By: _(Signature
Name: _(Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Pt)
Title: (Print) Title:_ (Print)
By: (Signature) By: (Signature
Title: (Prin( Title: (Print)
Title: (Print) Title:_--�_--_-_-- (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title' _ _(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 I-71(b)(2)(iv)of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission. the information provided in the Affidavit becomes incorrect or
incomplete.
•
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) �I L
Before me,the undersigned authority,personally appeared N c�� I� e Affia ,w being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct. /
AFFIA
/1 ,
SWORN TO AND SUBSCRIBED before me this ``�day of.SeCkn4W? ,. LUIS TIJERINO •
46 �a�,� Notary Public Sllee
te of florlda
j{��� My Comm.Expires Feb 25,2018
N otary' i �e f Florida At. ,�;
Commission N FF 095799
Pr',edN. •ofNo ry —
,y commission expires:fl l$
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this____day of ,200_
Notary Public State of Florida At Large
Pnnted Name of Notary
My commission expires: —
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the Affiant,who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this_.day of__ 200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me,the undersigned authority,personally appeared the Affiant.who being first by me duly sworn,did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this_ __day of..._ _.200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires._
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE
LOCATED IN THE COMMERICAL PLAZA TENANT SPACE AT 19925
BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING
THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE
AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY
SECTION 4-2(a) AND SECTION 4-2(b) OF THE CITY CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Florida Fine Wine & Spirits LLC, dba Total Wine &
More, through Application No. 04-CU-17 is requesting conditional use approval to
permit the establishment of a liquor package store in the commercial plaza tenant
space at 19925 Biscayne Boulevard, City of Aventura, notwithstanding the spacing and
distance requirements of Chapter 4, Section 4-2(a) and (b) of the City Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application, subject to
conditions, meets the criteria of the applicable codes and ordinances, to the extent the
Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit the establishment of a
liquor package store with ancillary education room and wine tasting as permitted by
Florida law, in the commercial plaza tenant space at 19925 Biscayne Boulevard,
City of Aventura Resolution No. 2017-
located in the B2 zoning district, is hereby granted, subject to the conditions set out in
this Resolution, on property legally described as a part of Tract "A-12", Aventura Twelfth
Addition, according to the Plat thereof recorded in Plat Book 146, Page 19, of the Public
Records of Miami Dade County, Florida, City of Aventura, more particularly described in
Exhibit "A" to this resolution.
Section 2. Approval of the request above is subject to the following conditions:
1. This approval shall be granted exclusively to Florida Fine Wine & Spirits LLC dba
Total Wine & More for the commercial plaza tenant space at 19925 Biscayne
Boulevard, City of Aventura.
2. The use shall be established within twelve (12) months of the date of the approved
resolution, or the approval granted herein shall expire, unless extended by motion of
the City Commission at the written request of the applicant.
3. The applicant shall obtain a 4COP Series state license for sale of beer, wine and
liquor. No sales by the drink or consumption on premises are permitted, except for
2.5 fluid ounce maximum size beverage sample tasting at in-store events and
seminars.
4. The applicant shall provide responsible vendor training programs for its associates.
5. The applicant shall comply with the hours of operation allowed to establishments for
package sales pursuant to Section 4-3 of the City Code, namely, between the hours
of 8 a.m. and 10 p.m., except for sales on Christmas Eve and New Year's Eve when
sales are permitted until 12 midnight.
6. The sale of alcoholic beverages shall be terminated in the event that the City
Commission determines, after a public hearing, that the operation has created
and/or may tend to create a disturbance to the community. A public hearing shall be
set if the City Manager finds probable cause to believe that a disturbance has been
created, based upon complaints received or the City Manager's observation.
Page 2 of 5
City of Aventura Resolution No. 201 7-
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 4. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166 033 Florida Statutes as amended.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
PASSED AND ADOPTED this 3rd day of October, 2017.
Page 3 of 5
City of Aventura Resolution No. 2017-_
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2017.
CITY CLERK
Page 4 °f S
City of Aventura Resolution No. 2017
EXHIBIT 'A'
LEGAL DESCRIPTION OF THE PROPERTY
TRACT "A-12", AVENTURA TWELFTH ADDITION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 146, PAGE
19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LESS AND EXCEPT THEREFROM THE FOLLOWING
PARCEL VESTED IN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION PURSUANT TO THAT CERTAIN ORDER OF
TAKING RECORDED APRIL 3, 1998, IN OFFICIAL RECORDS
BOOK 18041, PAGE 3522, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
BEGIN AT THE NORTHWEST CORNER OF TRACT "B-12" OF
SAID PLAT OF AVENTURA TWELFTH ADDITION; THENCE
ALONG THE NORTH LINE OF SAID TRACTS "A-12" AND "B-12",
NORTH 87°33'08" EAST, A DISTANCE OF 21.102 METERS (69.23
FEET) TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
EAST AND HAVING A RADIUS OF 1,687.000 METERS (5,534.77
FEET) AND A TANGENT BEARING OF SOUTH 00°48'11" WEST;
THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
01°55'32" FOR A DISTANCE OF 56.695 METERS (186.01 FEET)
TO REFERENCE POINT "C" AND THE POINT OF REVERSE
CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE WEST
AND HAVING A RADIUS OF 603.000 METERS (1,978.34 FEET);
THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
06°26'15" FOR A DISTANCE OF 67.752 METERS (222.28 FEET)
TO A NON-TANGENT POINT ON A CIRCULAR CURVE CONCAVE
TO THE EAST AND HAVING A RADIUS OF 1,156.328 METERS
(3,793.72 FEET) AND A TANGENT BEARING OF SOUTH
01°37'10" WEST; THENCE RUN SOUTHERLY ALONG THE ARC
OF SAID CIRCULAR CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 02°25'46" FOR A DISTANCE OF 49.030 METERS
(160.86 FEET); THENCE ALONG THE EAST LIMITED ACCESS
RIGHT-OF-WAY UNE OF STATE ROAD NO. 5 (BISCAYNE
BOULEVARD) FOR THE FOLLOWING TWO (2) COURSES: (1)
NORTH 28°05'09" WEST A DISTANCE OF 9.346 ME 1 ERS (30.66
FEET); (2) NORTH 05°24'59" WEST A DISTANCE OF 63.659
ME t ERS (208.85 FEET); THENCE ALONG THE EAST RIGHT-OF-
WAY LINE OF STATE ROAD NO. S (BISCAYNE BOULEVARD) FOR
THE FOLLOWING TWO (2) COURSES: (1) SOUTH 87°30'59"
WEST A DISTANCE OF 4.267 METERS (14.00) FEET; (2) NORTH
02°07'21" WEST A DISTANCE OF 101.121 METERS (331.76)
FEET TO THE POINT OF BEGINNING.
Page 5 of 5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City . • -r
Brett J. Schneider, City Labor Attor -
DATE: September 19, 2017
SUBJECT: Ordinance Amending Chapter 36 "Retirement," Article II "Police
Pension Plan and Trust Fund," in Accordance with Changes
Contained in both the Collective Bargaining Agreement and
Subsequent Memorandum of Understanding Between the City and
Dade County Police Benevolent Association for the period October 1,
2016 through September 30, 2019
1st Reading October 3, 2017 City Commission Meeting Agenda Item T]
2"d Reading November 7, 2017 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance that
amends the "Police Pension Plan and Trust Fund" (the "Plan") in a manner consistent
with the changes contained in the ratified Collective Bargaining Agreement
("Agreement") between the City of Aventura ("City") and the Dade County Police
Benevolent Association ("PBA") and a subsequent Memorandum of Understanding
("MOU") between the City and the PBA.
BACKGROUND
As you are aware, the City and the PBA ratified the Agreement on February 9, 2017,
which include various pension changes. The City and PBA thereafter agreed via MOU
to modify a provision of the Agreement related to the newly created Deferred
Retirement Option Plan ("DROP"). The attached Ordinance was drafted by the City
Attorney's Office and was subsequently reviewed by the Police Pension attorney —
Sugarman and Susskind to confirm legal sufficiency.
Memo to City Commission
Page 2
HIGHLIGHTS AND SUMMARY
The main revisions of the ordinance are as follows:
• Service Retirement. Effective October 1, 2018, a member may retire following
the earlier of: the completion of 22.5 years of credited service, regardless of
age; or upon reaching age 57 with ten years of credited service. Currently, the
pension ordinance defines normal retirement as the completion of 25 years of
credited service, regardless of age; or reaching age 57 with ten years of credited
service.
• Deferred Retirement Option Plan (DROP). Effective October 1, 2018, a DROP
will be created with a maximum five (5) year participation period beginning from
the date a member completes 25 years of service, or age 57 with 11 years of
service, though a delayed entry into the DROP (i.e., after the foregoing dates)
will correspondingly reduce the period of participation.
• Defined Contribution Plan. A defined contribution plan ("DC plan") is created
as a component of the Plan, but will be inactive and unfunded unless and until
the City and the PBA reach agreement on how revenues will be assigned to fund
it.
• Use of Premium Tax Revenues. All premium tax revenues received by the
Plan, including any accumulated excess premium tax revenues already received,
will be used to pay for the Plan benefits.
All other provisions of the CBA would remain in full force and effect.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1712-17
ORDINANCE NO. 2017-
_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED
IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY
AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR
THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; BY
AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION
36-26 "SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT
CRITERIA; BY ADDING SECTION 36-35 "DEFERRED RETIREMENT
OPTION PROGRAM"; BY ADDING SECTION 36-38 "DEFINED
CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF
PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension
plan for its certified police officers, which is known as the City of Aventura Police Officers'
Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and
WHEREAS, the City and the Dade County Police Benevolent Association ("PBA")
recently ratified a collective bargaining agreement ("CBA") covering the period October
1, 2016 through September 30, 2019, wherein the parties agreed that, following
ratification of the CBA, the City would adopt an ordinance amending the Plan to provide
for the codification of the changes to the Plan set forth in the CBA; and
WHEREAS, the Plan should be amended to conform with the collectively
bargained changes to the Plan as set forth in the CBA; and
WHEREAS, prior to Second Reading of this Ordinance, the City Commission
received and reviewed an actuarial impact statement concerning said changes and finds
that it is in the best interest of the City and its employees to amend the Plan.
City of Aventura Ordinance No. 2017-
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA':
Section 1. That each of the above-stated recitals are hereby adopted and
confirmed.
Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-22, "Definitions," of the City Code of Ordinances be amended as
follows:
Sec. 36-22. - Definitions.
Premium tax revenues means State insurance premium tax
revenues remitted annually to the City, which are collected on casualty
insurance policies in the City in accordance with Chapter 185, Florida
Statutes.
* * *
Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-26, "Service retirement benefit," of the City Code of Ordinances
be amended as follows:
Sec. 36-26. - Service retirement benefit.
(a) Prior to October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon
which the member completes 25 years of credited service, regardless
of age; or the date upon which the member attains age 55 with ten
years of credited service. There shall be no mandatory retirement age.
Effective October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon
which the member completes 22.5 years of credited service, regardless
of age; or the date upon which the member attains age 57 with ten years
Words in strikeout type are deletions from exist text and word in underline type are additions to existing text.
Page 2 of 7
City of Aventura Ordinance No. 2017-
of credited service. Any provision of this plan to the contrary
notwithstanding, a member's accrued benefit shall become 100%
vested upon the attainment of the normal retirement date.
(e) A member electing early retirement may receive either a deferred
payment or an immediate payment under the following formula:
(1) A deferred payment shall commence on the normal retirement date
of the member. This shall mean the date upon which the member
attains age 55 57 with ten years of credited service....
(2) ... The normal retirement date shall be the date upon which the
member would have attained age 55 57 with ten years of credited
service. The actuarial reduction factor applied to the benefit shall
be three percent for each year by which the starting date of the
benefit precedes the normal retirement date. For example, the
early retirement benefit of a member retiring early at age 45 with 20
years of service shall be reduced by 36% (age 57 — age 45 = 12
years x 3% = 36%).
Section 4. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-35, "Deferred Retirement Option Program (DROP)," of the City
Code of Ordinances be added as follows:
Sec. 36-35. — Deferred Retirement Option Program (DROP). Reserved,
Effective October 1, 2018, a deferred retirement option plan ("DROP") will be
created. A member will be eligible to enter the DROP on the first day that
he/she is eligible for normal retirement. Upon entering the DROP, a member
will no longer accrue credited service or additional pension benefits and will
no longer make employee contributions to the Retirement Plan. Instead, the
amount of the monthly pension benefit for the benefit option selected by the
member will be credited to the member's DROP account. The maximum
period that a member may participate in the DROP is five (5) years beginning
from the date on which a member reaches 25 years of service or the date on
which a member reaches age 57 with 11 years of service ("Maximum DROP
Entry Deadlines"). A member may elect to enter DROP after the foregoing
dates, but his/her maximum participation in the DROP will be reduced by the
period of time in which the member delayed entry in the DROP after reaching
either of the foregoing Maximum DROP Entry Deadlines. The member's
DROP account will be self-directed by the member to mutual funds selected
by the Retirement Plan's Board of Trustees from among those offered by a
Page 3 of 7
City of Aventura Ordinance No. 2017-
vendor selected by the Board of Trustees. The available mutual funds and
the vendor may be changed from time to time by the Board of Trustees.
Members will be solely responsible for the gains and losses of their individual
self-directed DROP accounts. Members who elect to participate in the DROP
shall be required to separate from City service at the conclusion of the DROP
period. A member's DROP shall be distributed to the member in a lump sum,
rollover, or a combination of both, as soon as administratively practicable and
not more than 90 days following the conclusion of the DROP period or
approval of the distribution by the Retirement Plan Board of Trustees,
whichever occurs last. Neither the City, the Retirement Plan, nor its Board of
Trustees shall have any liability or responsibility to guarantee the principal
and/or rate of return for a member's DROP assets. The DROP accounts,
although self-directed separate accounts, will remain part of the pension trust,
and distributions from a member's account shall not be permitted until
termination of employment.
Section 5. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-38, "Defined contribution plan," of the City Code of Ordinances
be added as follows:
Sec. 36-38. — Defined contribution plan.
A defined contribution plan ("DC plan") is hereby created as a component
of this fund, but will not be activated unless and until a portion of chapter
185 premium tax revenues have been assigned to fund the DC plan. The
provisions of the DC plan, when and if activated, shall be negotiated by the
parties at the time funding has been assigned to the DC plan. Assignment
of Chapter premium tax revenues can result either from agreement between
the parties, or from application of the provisions of Ch. 2015-39, Laws of
Florida.
Section 6. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-39, "Use of Premium Tax Revenues," of the City Code of
Ordinances be added as follows:
Sec. 36-39 — Use of Premium Tax Revenues.
(a) Any and all premium tax revenues received by the Plan pursuant to Chapter
185, Florida Statutes, including any accumulated excess premium tax
revenues held by the Plan shall be retained by the Plan to pay for the
benefits offered by the Plan.
Page 4 of 7
City of Aventura Ordinance No. 2017-
(b) The aforementioned is intended to supplant the default methods outlined in
Section 185.35, Florida Statutes.
Section 7. Repeal. All sections or parts of sections of the Code of Ordinances
of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts
of resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
Section 8. Severability. Should any section or provision of this Ordinance, or
any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a
part hereof, other than the part declared to be invalid.
Section 9. Inclusion in the Code. It is the intention of the City Commission of
the City of Aventura that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Aventura and that the sections of this
Ordinance may be renumbered or relettered and the word "ordinance" may be changed
to "Chapter", "Section", "Article", or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 10. Effective Date. This Ordinance shall be effective upon passage by
the City Commission on second reading.
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Page 5 of 7
City of Aventura Ordinance No. 2017-
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
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 Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
PASSED on first reading on this 3rd day of October, 2017.
PASSED AND ADOPTED on second reading on this 7th day of November, 2017.
Page 6 of 7
City of Aventura Ordinance No. 2017-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
Approved as to Legal Sufficiency:
CITY ATTORNEY
Page 7 of 7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, ' y Manager
DATE: July 25, 2017
SUBJECT: Ordinance Amending Land Develo•ment Regulations to Prohibit
Medical Marijuana Dispensaries
Local Planning Agency Meeting Agenda Item -4
1St Reading September 5, 2017 City Commission Meeting Agenda Item 1>4--
2nd Reading October 3, 2017 City Commission Meeting Agenda Item 8 A---
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
Chapter 31 of the City's Land Development Regulations to prohibit medical marijuana
dispensaries in the City.
BACKGROUND
At the June Workshop Meeting, in light of recent changes in State law, the City
Commission directed the City Attorney to draft an Ordinance prohibiting medical
marijuana dispensaries in the City. Attached is the Ordinance which complies with the
newly adopted State law.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01707-17
ORDINANCE NO. 2017-
_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING
SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS",
OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES
GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL
MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that changes to the adopted Code
of Ordinances are periodically necessary in order to ensure that the City's regulations
are current and consistent with the City's planning and regulatory needs and changes in
State law; and
WHEREAS, the City Commission desires to clarify the interpretation and
identification of prohibited uses within the City; and
WHEREAS, according to the Controlled Substances Act, Marijuana has a high
potential for abuse and has no currently accepted medical use in treatment in the
United States; and
WHEREAS, notwithstanding Federal law, the 2014 Florida Legislature approved
Senate Bill 1030 providing for the growing, processing, and distributing of specific forms
of low-THC (non-euphoric) Cannabis to qualified patients and their caregivers for the
treatment of listed medical conditions, which became effective on June 16, 2014 as
Chapter 2014-157, Laws of Florida, and is codified at Section 381.986, Florida Statutes
("Senate Bill 1030"); and
WHEREAS, in Gonzales v. Raich, the U.S. Supreme Court held in 2005 that the
Federal Government has the authority under the Commerce Clause to prohibit
marijuana for all purposes pursuant to the Controlled Substances Act, and that the
Supremacy Clause of the U.S. Constitution "unambiguously provides that if there is any
conflict between federal and state law, federal law shall prevail." Gonzales v. Raich, 545
U.S. 1, 29; and
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for
the growing, processing, and distributing of specific forms of low-THC (non-euphoric)
cannabis to qualified patients and their caregivers for the treatment of listed medical
conditions, which became effective on June 16, 2014 as Chapter 2014-157, Laws of
Florida, and is codified at Section 381.986, Florida Statutes; and
City of Aventura Ordinance No. 2017-
WHEREAS, Section 381.986, Florida Statutes, authorizes and defines "Medical
Marijuana Treatment Centers" to encompass the entire supply chain (cultivation,
processing, storage, distribution, etc.), not just retail sales to qualified patients; and
WHEREAS, the Florida Department of Health adopted a rule to implement
Senate Bill 1030, which became effective June 17, 2015; and
WHEREAS, on November 8, 2016, voters approved Constitutional Amendment 2
("Amendment 2") which expanded the use of Medical Marijuana for individuals with
debilitating conditions that was originally provided under Senate Bill 1030; and
WHEREAS, the 2017 Florida Legislature passed Senate Bill 8A ("SB 8A") to
enact Amendment 2 and Governor Rick Scott signed SB 8A into law on June 23, 2017;
and
WHEREAS, SB 8A permits the use of additional alternative forms of marijuana
(marijuana in all its forms including low-THC cannabis, together referred to as
"marijuana") and alternative dispensing methods; and
WHEREAS, SB 8A grants authority to municipalities to ban medical marijuana
treatment center dispensing facilities from being located within its boundaries; and
WHEREAS, significant safety and security issues exist for any establishment
involved in the dispensing of marijuana, because they maintain large drug inventories
and are forced to deal in cash because their activities have not yet been sanctioned by
federal law; and
WHEREAS, such businesses are inherently attractive targets for criminals, and it
is therefore essential that the City prevent such uses to protect and advance the public
health, safety and welfare; and
WHEREAS, enabling the establishment of such businesses would require
extensive municipal resources in order to effectively address the potential rise in
criminal activity; and
WHEREAS, the City Commission has determined that it is in the best interests of
the citizenry and general public to prohibit medical marijuana treatment center
dispensing facilities to ensure the safety of the employees, neighbors, customers and
area residents; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, in its capacity as the Local Planning Agency,
has reviewed the proposed amendments to the City Code pursuant to the required
public hearing and has recommended approval of this Ordinance; and
Page 2 of 5
City of Aventura Ordinance No. 2017-
WHEREAS, the City Commission has previously invoked zoning in progress
concerning this Ordinance as authorized by the Section 31-77(h)(3) of the City's Land
Development Regulations; and
WHEREAS, the City Commission has reviewed the proposed amendments, and
finds that it is in the best interests of the public to amend the City Code as set forth in
this Ordinance; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT':
Section 1. Recitals Adopted. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. Section 31-151 , "Uses Prohibited in All
Zoning Districts" of Article VII "Use Regulations" of Chapter 31, "Land Development
Regulations" is hereby created to read as follows:
ARTICLE VII. - USE REGULATIONS
Sec. 31-151. — Uses Prohibited in All Zoning Districts
(a) Prohibited uses .generally. Within any particular zoning district, any use which is
not specifically identified as a permitted, conditional use, or accessory use shall be
prohibited.
(b) Specifically prohibited uses. Additional, specifically identified prohibited uses are
identified in the individual zoning districts.
(c) Dispensing of marijuana products. In accordance with Section 381.986, Florida
Statutes, the dispensing of marijuana in any form, by any person or business, is
prohibited in all zoning districts. Further, all uses, products, or acts prohibited under any
state or federal law are prohibited throughout the City.
Underlined provisions constitute proposed additions to existing City Code text;stricken through provisions indicate
proposed deletions from existing City Code text.
Page 3 of 5
1
City of Aventura Ordinance No. 201 7-
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. 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 re-
numbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Mezrahi and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
Page 4 of 5
City of Aventura Ordinance No. 2017-_
PASSED on first reading on this 5th day of September, 2017.
PASSED AND ADOPTED on second reading on this 3rd day of October, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2017.
Page 5 of 5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Mana.-r
DATE: August 17, 2017
SUBJECT: Ordinance Amending Article of he City Code to Create Section
Providing for Enhanced Stormw.ter Management System
1st Reading September 5, 2017 City Commission Meeting Agenda Item 7
2"d Reading October 3, 2017 City Commission Meeting Agenda Item E3
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance to amend
the City Code to create sections providing for enhanced stormwater management and
regulations.
BACKGROUND
At the March Workshop Meeting, the results of the Comprehensive Stormwater Master
Plan and the study relating to the impact of sea level rise was discussed in great detail
by our consultant engineers. As part of the discussion, we advised that an amendment
to our City Code would be forthcoming that would address the following issues to
protect our stormwater management system:
1. Provides that owners of private stormwater facilities located on their property
shall properly maintain the systems. Changes to the systems require City
approval.
2. The City will periodically inspect the private systems to ascertain that the
stormwater facilities are functioning as designed and approved.
3. In the event private properties negatively impact adjacent properties by causing
stormwater runoff to the adjacent site on public property, the City shall have the
authority to require the private property owner to take corrective action.
Memo to City Commission
Page 2
4. Adopts current County regulations for construction sites and activities that impact
the stormwater system.
5. Prohibits the discharge of pollutants into the stormwater systems as defined in
the Ordinance and establishes an enforcement mechanism with penalties.
The adoption of this Ordinance will assist in protecting the City's stormwater
management system and reduce private drainage issues from impacting the City's
system.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01709-17
ORDINANCE NO. 2017-
_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 30, "ENVIRONMENT," AT ARTICLE III, "STORMWATER," BY
CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN
ENHANCED STORMWATER MANAGEMENT SYSTEM, AND SPECIFYING
ENVIRONMENTAL AND OTHER REGULATIONS CONCERNING SAID
SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission recognizes that changes to the adopted Code of
Ordinances are periodically necessary in order to ensure that the City's regulations are current
and consistent with the City's planning and regulatory needs and changes in State law; and
WHEREAS, the City is responsible for the maintenance and expansion of the existing
stormwater management system, which has been developed over a number of years for the
purpose of collecting and disposing of stormwater; and
WHEREAS, it is necessary and essential that the City address the various
environmental issues that burden the stormwater management system; and
WHEREAS, the City Commission has determined that it is in the best interests of the
citizenry and general public to provide for the safe and efficient capture and conveyance of
stormwater runoff and the correction of stormwater problems; and
WHEREAS, the City Commission has reviewed the proposed amendments, and finds
that it is in the best interests of the public to amend the City Code as set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT1:
Section 1. Recitals Adopted. That each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. Sections 30-61 through 30-67, of Division 1
"Generally," of Article Ill "Stormwater" of Chapter 30, "Environment" are hereby created to read
as follows:
Chapter 30 - ENVIRONMENT
ARTICLE III. - STORMWATER
DIVISION 1. - GENERALLY
Underlined provisions constitute proposed additions to existing City Code text.
City of Aventura Ordinance No. 2017-
Sec. 30-61. - SCOPE AND PURPOSE.
The scope and purposes of this Division are:
(A) To provide for effective management of a stormwater management system ("System")
within the City;
(B) To provide a mechanism for mitigating the damaging effects of uncontrolled and
unplanned stormwater runoff from both a water quality and water quantity standpoint;
(C) To improve the public health, safety, and welfare by providing for the safe and efficient
capture and conveyance of stormwater runoff and the correction of stormwater
problems.
Sec. 30-62. - DEFINITIONS.
The following words, when used herein, shall have the meanings indicated, unless the
context indicates otherwise:
City shall have the meaning specified in Sec. 1-2 of this Code.
Commission shall have the meaning specified in Sec. 1-2 of this Code.
Consulting engineer. A qualified engineer or engineering firm licensed in the State of
Florida and retained by the City to perform the acts and carry out the duties relating to the
system, as required by the City.
Development or development activity shall have the meaning specified in Sec. 30-164 of
this Code.
Impervious area shall have the meaning specified in Sec. 30-92 of this Code.
Stormwater shall have the meaning specified in Sec. 30-92 of this Code.
Stormwater management system shall have the meaning specified in Sec. 30-92 of this
Code.
Structure means anything constructed, installed, or portable, the use of which requires a
location on a parcel of land. It includes a movable building which can be used for housing,
business, commercial, agricultural, or office purposes, either temporarily or permanently.
"Structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts,
poles, pipelines, transmission lines, tracks, signs, cisterns, sheds, docks, mooring area, and
other accessory construction.
Sec. 30-63. - FINDINGS AND DETERMINATIONS.
It is hereby found, determined and declared, as follows:
(A) All terms not otherwise defined in this Section shall have the meaning ascribed to
such terms in Section 30-62 of this Division.
(B) As a means of complying with Federal and State-mandated goals and priorities
relating to stormwater management, and to provide for the current and future needs of
the City with respect to collection, control, and disposal of storm and other surface
water within the geographical boundaries of the City, the City's existing system and all
Page 2 of 10
City of Aventura Ordinance No. 2017-
stormwater drainage facilities relating thereto presently owned and managed by the
City, including but not limited to such storm sewers, drains, culverts, retention
systems, detention basins, drainage wells, conduits, and appurtenant features, catch
basins, outfall structures, equipment, and all appurtenances, whether man-made or
natural, necessary, useful, or convenient shall be treated as a unified stormwater
management system.
(C) Any development affecting storm and surface water should be managed, regulated,
and controlled under the unified management of a city-wide system for the purpose of,
among other things, reducing or controlling erosion, sedimentation and turbidity, and
other pollution of water, danger, and damage to life and property, and to protect and
encourage the use of natural and efficient man-made means to these ends.
(D) The operation of the system will serve a vital public purpose and promote the common
interests and provide for the health, safety, and welfare of the residents of the City.
(E) Those elements of the system which provide for the collection, storage, treatment, and
conveyance of stormwater management, are of benefit and provide value to all
properties within the City.
Sec. 30-64. - CREATION OF STORMWATER MANAGEMENT SYSTEM.
The existing system owned by the City at the time of the creation of this section and any
additions thereto; shall be recognized as the stormwater management system. The City
Manager shall designate a City Department that shall have jurisdiction over the maintenance
of the system and the responsibility for the administration thereof. The City Manager or his/her
designee shall be authorized to determine and prescribe the requirements of the stormwater
management system including all components of the infrastructure and all necessary or
desirable alterations, repairs, and extensions to manage and control stormwater runoff
provided such action serves a public purpose, based on recommendations by a licensed
professional engineer, as deemed necessary.
SEC. 30-65. - PRIVATE FACILITIES.
(a) The property owner shall be responsible for stormwater drainage facilities located on
private property where runoff will principally be collected within that property. The owner
shall clean and maintain the facility or channel, as required, to ensure efficient and proper
operation of the facility. The owner shall obtain the City's prior written approval for any
proposed changes or alterations to any private stormwater drainage facilities that, in the
City's sole discretion, as decided by the City Manager or his or her designee, may
substantially or adversely affect stormwater drainage in the property owner's area in light
of the requirements of this Article and applicable law.
(b) The City shall provide for inspection of private facilities to ascertain that the stormwater
facilities are functioning as designed and approved.
(c) The owner of any stormwater drainage facility that connects directly or indirectly to the
City's stormwater management system shall maintain the facility to limit the peak
discharge, and the quantity of runoff, entering the City's System to that which was
computed at the time the connection was authorized.
Page 3 of 10
City of Aventura Ordinance No. 201 7-
(d) In any instance where existing property, land, buildings, or development negatively impact
adjacent properties, land buildings, or residences by directing or causing to be directed
stormwater or runoff to the adjacent site; the City shall have the authority to require said
property to take corrective action as it deems appropriate to ameliorate or otherwise
mitigate said impact to the maximum extent practicable. Failure to complete said
corrective action within a reasonable time shall constitute a violation of this Article.
SEC. 30-66. - POLLUTION CONTROL.
(a) Construction sites and construction activities:
(1) Construction sites and operations shall be required to maintain, during and after all
construction, development, excavation, and/or alteration operations, structural and
non-structural, best management practices with the intent to reduce pollutants and
sediment in stormwater run-off.
a. Construction or construction operations over any existing or planned stormwater
management system, or any such operations causing interference with any
stormwater management system shall not be permitted.
b. A schedule of inspections for monitoring may be developed to be carried out
during and after the construction and operation phases as conditions to the permit
to determine and verify compliance with this section.
(b) Illicit discharges. Any dumping, spilling, or discharging of any non-stormwater material to
any surface area or stormwater management system shall be prohibited unless allowed by
prior written approval of the City. Prohibited illicit discharges shall require spill response,
spill control, and spill clean-up by the property owner and responsible party as designated
and prescribed by the City.
(c) Alterations or obstructions to stormwater management. Alterations or obstructions to any
stormwater management system, including pump stations, structural controls, catch
basins, culverts, wetlands, or swales shall be prohibited without prior written approval of
the City.
(d) Herbicide, pesticide, fertilizer applications. Companies involved in the application of
herbicides, pesticides, fertilizers, or any regulated material shall be required to obtain
operating licenses, train their employees in the application of said materials with the intent
to minimize or prevent over application and spills; and develop plans for spill response and
spill control of said materials.
(e) Backwash disposal. The disposal of filter backwash water to stormwater management
systems shall be prohibited.
(f) Litter, littering material. The accumulation, placing, sweeping, scattering, throwing, or
dumping of litter, or littering material such as dead plants, yard clippings, stagnant water,
rubbish, debris, trash, including any wrecked, derelict, or partially dismantled motor
vehicle, trailer, boats, machinery, appliances, furniture or other similar article, or any
unsanitary, hazardous or significant material upon any surface area, stormwater
management system, or water body within the City is hereby prohibited.
Page 4 of 10
City of Aventura Ordinance No. 2017-
(g)
-(g) Storm water interagency agreements and stormwater programs. The City is authorized to
develop interagency agreements and mutually compatible programs with the South Florida
Water Management District, Florida Department of Transportation, Miami-Dade County,
and other local governmental agencies, and all private agencies, with the intent to control
the contribution of pollutants within the inter-system stormwater management system
linkages, in order to develop mutually compatible stormwater management programs and
systems; and to develop and enforce stormwater management, inspections, and
monitoring programs.
(h) Determination of compliance or non-compliance. The City Manager or his or her designee
shall have the authority to determine the compliance or non-compliance with this section
of a stormwater management system or non-stormwater discharge to a stormwater
management system, body of water, or surface area; based on investigation, surveillance,
monitoring, sampling, testing, and/or sound engineering and operational evaluations.
(i) Assessment of penalty for non-compliance.
(1) Upon determination of a violation of this section, the City may assess against the
violator a penalty of five hundred ($500.00) per offense. Higher penalties may be
imposed for irreparable or irreversible violations in accordance with Sec. 162.09 (2)
(a), F.S.
(2) Additional charges and costs against the violator may be assessed in an amount
determined by the City Manager or his or her designee, depending on the extent of
environmental damage, required mitigation, the cost of remediation, and enforcement.
(3) Upon determination of a violation of this section, the violator shall bear all costs
incurred for clean-up, enforcement action, and remediation.
(4) Each day during on which the violator continues to violate the provisions of this Code
after having been notified of such violation shall constitute a separate violation and
may incur additional penalties.
(5) It shall be the responsibility of the City Manager or his or her designee, to determine if
a violation of this section exists, as based on the findings required in this article and
applicable law. The City Manager may initiate enforcement proceedings through the
City's special master, code enforcement program, or otherwise.
(I) Stormwater inspections and monitoring procedures. To the fullest extent allowed by law,
the City may enter all structures and premises to perform inspections, surveillance, and
monitoring procedures, within reasonable hours, of said structures or premises, and shall
have free access to copying or reviewing pertinent records of a facility, system, or
premises in order to ascertain the state of compliance with the laws, rules, and regulations
of the City, as outlined in this division.
(1) The compliance personnel of the City shall be provided with official identification and
shall exhibit such identification when making inspections.
(2) The owner, operator, lessee, occupant, or person in charge of the structure or
premises shall give the inspecting officer free access to the structure or premises for
the purpose of making such inspections without hampering, obstructing, or interfering
with such inspection.
Page 5 of 10
City of Aventura Ordinance No. 2017-
(k) Effluent standards and water quality criteria. The City adopts section 24-42 of the Code of
Miami-Dade County as minimum surface water criteria and effluent standards for
discharges to surface water, as applicable.
SEC. 30-67 - PROHIBITIONS.
(a) It shall be unlawful for any person to drain, deposit, place, or otherwise discharge into any
body of water or stormwater system within the City, or to cause or permit to be drained,
deposited, placed, or otherwise discharged into such waters, any organic or inorganic
matter which causes or tends to cause pollution defined as follows:
(1) Petroleum products, including but not limited to oil, gasoline, and grease.
(2) Solid waste.
(3) Pet waste.
(4) Chemicals.
(5) Paints.
(6) Soaps.
(7) Laundry waste.
(8) Steam cleaning waste.
(9) Pesticides, herbicides, or fertilizers.
(10) Degreasers, solvents.
(11) Heated water.
(12) Sanitary sewage.
(13) Chemically treated cooling water.
(14) Antifreeze, and other automotive products.
(15) Lawn clippings, leaves, branches, etc.
(16) Animal carcasses.
(17) Silt.
(18) Acids or alkalis.
(19) Recreational vehicle waste.
(20) Dyes (without prior written permission of the City).
(21) Construction materials.
(22) Any groundwater which contains phosphorous or nitrogen concentrations greater than
the surface water into which the groundwater is discharged.
(23) Any water which exceeds the state surface water standards.
(24) Toxic or poisonous solids or liquids.
Page 6 of 10
City of Aventura Ordinance No. 2017-
(25) Solids in such quantities or of such size capable of causing interference or obstruction
to the flow in the City's stormwater system.
(b) It shall be unlawful to wash any public or private streets, buildings, sidewalks or parking
areas, unless all visible debris and sediments have been removed prior to washing. If the
removal of the debris and sediments is not feasible (as determined by the City Manager or
his or her designee), then the street, building, etc. may only be washed with the City
Manager's or his or her designee's prior written approval, which may include requirements
to clean the affected drainage pipelines or provide treatment of wastewater runoff to
prevent downstream pollution. Only water may be used for washing purposes, unless
approved in writing by the City Manager or his or her designee upon advice of the
Consulting Engineer and not prohibited by other laws.
(1) The City may order the correction of any unsafe, nonconforming or unauthorized
condition which is in violation of any provision of this Code or regulation adopted
hereunder. The City may also order the discontinuance of any activity causing such
condition.
(2) Whenever the City orders the correction or discontinuance of any condition or activity
on any premises pursuant to this section, the City shall notify the owner or other
person responsible for such conditions or activity in writing. Said notice shall state the
nature of the violation, direct the person to correct or discontinue the condition or
activity, and provide a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the time period stated in such notice, permanently cease or
correct all violations. Failure to comply with such order shall constitute a violation of
the provisions of this section.
(3) Notwithstanding any other provisions of this chapter, whenever the City Manager or
his or her designee determines that conditions or activities exist requiring immediate
action to protect public health, safety, or welfare, the City Manager or his or her
designee is authorized to enter at all reasonable times in or upon any property for the
purpose of testing, inspecting, investigating, measuring, sampling, and correcting such
emergency conditions. The City may order the immediate discontinuance of any
activity which causes or tends to cause the emergency condition. Failure to comply
with such order shall constitute a separate violation of this section.
(4) Any person responsible for pollutant discharge into any body of water or stormwater
systems, and who fails to correct any prohibited condition or discontinue any
prohibited activity at the City's request, shall be responsible to pay the necessary
expenses incurred by the City in carrying out the pollution abatement, including any
expenses incurred in testing, measuring, sampling, collecting, removing, containing,
treating, and disposing of the pollutant materials.
(c) The City may, immediately upon discovering an ongoing or potential discharge of
pollutants into the City's bodies of water or stormwater system in violation of this section,
seek relief in any court of competent jurisdiction for a temporary restraining order or
temporary or permanent injunction to halt or prohibit such discharge. Prior to the filing of
such judicial action, the City shall attempt to notify the offender of the City's intention to file
such action, but such notification shall not be a condition precedent to the City's action for
and obtaining such or other relief.
Page 7of10
City of Aventura Ordinance No. 2017-
(1) Any person who violates any of the provisions of this section shall be punished as
provided in this division. Each and every day on which such person continues to
violate the provisions of this section after having been notified of such violation shall
constitute a separate offense.
(2) Any person who violates any provisions of this section shall be subject to a civil
penalty of up to five hundred dollars ($500.00) per day for each day that such person
is in violation of this division. Higher penalties may be imposed for irreparable or
irreversible violations in accordance with Sec. 162.09 (2) (a), F.S.
(3) Any person who causes or allows an unauthorized discharge, or who otherwise
violates the provisions of this division, may be required to appear before the City's
Special Master for code enforcement proceedings pursuant to City Code or at any
judicial forum invoked by the City.
(4) The remedies and penalties provided in this section are not exclusive, and the City
may seek whatever other remedies are authorized by statute, at law, or in equity,
against any person who violates the provisions of this Article.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Conflict. If the provisions of this Ordinance conflict with other provisions in
the Code, the more restrictive provisions shall prevail.
Section 5. Inclusion in the Code. 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 re-numbered or re-
lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 6. Penalty. That any person who violates any provisions of this Ordinance shall,
upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail
not to exceed sixty (60) days, or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as
amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by
suit for declaratory, injunctive, or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, F.S.
Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
Page 8 of 10
City of Aventura Ordinance No. 201 7-
The foregoing Ordinance was offered by Vice Mayor Weinberg, who moved its adoption
on first reading. This motion was seconded by Commissioner Landman and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Howard Weinberg Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
PASSED on first reading on this 5th day of September, 2017.
PASSED AND ADOPTED on second reading on this 3rd day of October, 2017.
Page 9 of 10
City of Aventura Ordinance No. 2017-_
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2017.
Page 10 of 10
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FL
City of Aventura, FL
City Manager
Semi-Finalists
Colin Baenziger&Associates
2055 South Atlantic Avenue
Suite 504
Daytona Beach Shores, FL
32118
Cell: (561) 707-3537
Suggested Procedure to Identify Candidates to Be Invited to
Interview for the City Manager Position
The Commission can select the finalists in a number of ways. The following is the procedure we
have used over the last 19 years and that we recommend.
General
We suggest the Commission begin with a straw poll involving completing the attached ballot.
Once the votes are tabulated, the preferred candidates will quickly be identified while the others
are eliminated. This approach saves the Commission time. You do not need to discuss candidates
that most of you are interested in nor do you need to talk about those very few of you have interest
in. It also saves embarrassment for the candidates who are not highly ranked.
Suggested Procedure
With the ballot, each Commission Member selects the candidates it wants to interview but does
not rank them. You simply put a check mark next to the preferred candidates' names. If you wish
to write someone's name in, then space has been provided to do so. The consultant reads the
ballots aloud. The City Clerk then records the votes on a tally sheet so that the process is totally
transparent. The votes are summed and the results announced. The Commission then discusses
the candidates, the write-ins, if any, and how to proceed.
Comments
All the candidates are highly qualified. At this point, however, all you are looking at is paper and
you will not know whom you will want to be your next City Manager until you actually meet that
person. We feel the more candidates you see (within reason), the more likely you are to see just
the right person. Hence, we strongly recommend the Commission interview five finalists.
Aventura, FL
Ballot to Select the City Manager Finalists
October 3, 2017
Please place a check mark next to your top choices to interview
to become your next City Manager.
Candidate Select
1 Brow n,Jeff
2 Brum back,Garry
3 Grant,Susan
4 Nunemaker,,Jason
5 Rey,Alex
6
7
Signature:
Submitted by (please place a check mark next to your name):
❑ Landman 0 Marks 0 Mezrahi 0 Narotsky
0 Shelley 0 Weinberg 0 Weisman
Aventura: City Manager Semi-Finalists
Reviewing Candidate Materials 1
Interview Questions / Procedures 2
Suggested Interview Schedule 3
Brown, Jeffrey E. "Jeff" 4
Brumback, Garrison C. "Garry" 5
Grant, Susan L. 6
Nunemaker, Jason R. 7
Rey, Alejandro I. "Alex" 8
Candidate Salaries 9
Section 1
Candidate Materials: Reviewing and
Interpreting Them
Page 1 of 5
Section 1
Suggestions for Reviewing Candidate Materials
The materials contained herein are prepared to provide you with information concerning the
candidates we are recommending you consider. The materials we and the candidates prepare are
designed to provide you with information first and foremost concerning the candidate's ability to
do the job. You can then review the materials and determine which candidates you wish to
interview.
As you can see, what we have for each candidate is often fairly extensive. When you review the
materials, we recommend you begin with:
• The Candidate's Resume. This document provides a brief history of the candidate's
employment and possibly some personal information.
• The Candidate's Cover Letter and Introduction. These have been prepared by the
candidate and offer insight into what the individual feels is important and his/her ability
to communicate.
• The References. These materials provide information concerning what people who know
the candidate think about the individual. It is important to note that people are often
reluctant to say anything negative about a candidate so even though we push fairly hard
to get them to identify weaknesses, the weaknesses and negatives are often limited.
Further, if a candidate's references are poor or if we see significant red flags, we
generally do not present that individual. We also attempt to reach references who know
the candidate but were not provided.
The other materials for each candidate are important as well but probably do not need the same
level of attention. They are:
• The Internet / Newspaper Archives Materials. These materials provide information
concerning the issues the candidate has dealt with and what he/she has done well and not
so well. We do not recommend that you read these materials word for word but rather
you scan them and carefully read the sections you feel are the most important. Please
also see the following pages for comments concerning the Internet's limitations.
• The Background Checks. For the most part, the City and County Manager Candidates we
present tend to have very few if any items of note on their records.
It is important to understand what is provided in the background checks and what it not. First,
National Criminal Information Center (NCIC) is the gold standard for reviewing someone's
criminal past. Its use, however, is limited to law enforcement agencies for specific purposes. It
is not something we have access to. Our nationwide criminal checks are run through a database
assembled from data from a wide range of state and local agencies and is not as complete as the
NCIC database. Nonetheless, we have confidence in it and have used it successfully for years.
Further, we supplement it with checks of the databases of the county and state of residence.
Page 2 of 5
Section 1
You also need to be aware the criminal databases we use contain convictions and not allegations,
complaints, or arrests (unless these lead to a conviction). We also do not check records in family
court. The reason is cases are often emotional and parties are not always truthful in attempting to
achieve their desired goal. If the allegations are serious and substantiated, they are generally
found in the criminal records or covered in the newspaper, at least for people with significant
positions in the public sector. Further, a substantial body of law exists concerning what can and
cannot be considered in government employment. For example, it is illegal to use a bankruptcy
as the basis for not considering a candidate.
Overall, we try to focus on someone's ability to perform the duties of their job. We do not delve
into their personal lives which can be murky. It should also be noted that a large body of law
exists concerning what can and cannot be considered and it varies from state to state. We try to
stay safely on the right side of the line, both for our own sake and that of our clients.
The other thing to consider is we do not want you to be surprised. Even if you cannot legally use
a matter in your decision making, if it has been reported, we want you to hear about it from us
rather than a third party. That way we can present you with a fair and unbiased analysis of the
situation and you can determine what weight is appropriate to give the matter in your decision
making.
Page 3 of 5
Se •
Interpreting the Internet
When considering material gathered from the Internet, it is important to read carefully and to
understand the Internet's limitations.
In part of each candidate's materials is what CB&A's staff gleaned from the Internet and from
newspaper archives concerning the semi-finalists. While we would like to think everything
published is accurate, we know it is not. For example:
1) Some news sources have biases concerning particular individuals or write with
incomplete information. Further, reporters have different capabilities and some do
not understand the matters they are reporting on. Hence the story may not be
accurate.
2) Occasionally, governments purposely provide information to the media that is not
accurate or the full story, particularly when someone is leaving their employment.
3) Some elected officials occasionally make allegations concerning managers or staff
members for political reasons whether or not the allegations are based in fact.
Further, officials sometimes shoot from the hip without a complete understanding of
the real issue and/or all the facts.
4) Some residents make allegations that are inaccurate or untrue and which are repeated
in the media.
5) A manager may be blamed for issues and problems that come to the surface during
his/her tenure but existed long before the individual took office. In fact, occasionally
a manager uncovers a problem and is dealing with it. That very action can bring
problems to light and result in a news story that reflects badly on the manager who is
actually trying to fix the problem rather than the manager who let it fester for years
and did nothing.
6) Managers may have more articles than, say, assistants because of the nature of their
work. Assistants tend to be much lower profile and hence, less is written about them.
Further when assistants make mistakes, the manager tends to get blamed.
Further, the Internet changes daily. Articles are added and removed. What is provided here is a
snapshot in time concerning what was available on the Internet the day(s) we did the research. If
someone were to search the internet tomorrow concerning information on these candidates,
additional information or less information might be found. Search engines take up to six weeks
to "find" stories after they are posted on websites. By the same token, a story appearing on a
website yesterday may be deleted and may not be there tomorrow.
Page 4 of 5
Section 1
We should also note we have not included everything we found. Many articles mentioning the
candidate's name have little if any relevance to the candidate's qualifications. Hence these are
often been excluded. Further, if multiple articles exist concerning the same issue,we often select
the most relevant and complete articles and do not include the rest.
Where issues of concern were found in the following articles, we have attempted to research
them and determine their true nature. Where we found information that we believed was serious
in nature and the result'of the candidate's actions or that would could potentially embarrass you,
our client, we would have dropped the candidate from consideration and his/her information
would not be in this notebook.
One final note is that we generally do not include information from blogs as they are notoriously
slanted and unreliable.
Page 5 of 5
I
section 2
Interview Procedures / Questions
Page 1 of 15
Section 2
Interviewing Candidates
The interview is generally the final step in the selection process. At this point, the
executive recruiter has screened the candidates and is satisfied that all finalists are capable of
doing an outstanding job. Reference checks and more extensive background checks have been
conducted, including discussions with individuals of our choosing and not on the candidate's list
of references. Internet searches have been completed, along with a review of newspaper
archives. Credit history, educational verification, and criminal background checks have also been
run so there should be no surprises once a candidate is selected.
The interview is an opportunity for both the elected officials and the candidate to learn
about each other and to determine how well they will work together. It is also an opportunity for
the elected officials to evaluate each candidate's management abilities and to decide if he/she
would be a good leader for the community. It is important for both the elected officials and the
candidate to act professionally and in a manner that will impress the other party, all the while
learning what they can about the other.
Since all the candidates are capable of performing the job, the focus of the interview
should be on determining who fits best with the elected officials, the staff and the community.
Some candidates will have more experience than others. Some have special areas of expertise
that others do not. Some have better instincts, and some are simply more capable than others.
While those with less experience may make more mistakes than others, they may also hit more
home runs. The key is to determine which candidate will have the best chemistry with the elected
officials, but also who can best lead the staff. No matter how technically sound a candidate may
be, if he or she cannot build and maintain strong working relationships with the elected officials
and staff, he/she will not last long as the community's appointed leader. Of course, experience
and expertise are critical and should not be overlooked.
The Internal Candidate/Local Candidate
If an internal candidate / local candidate is among the finalists, elected officials
occasionally will assume they already know the individual and just chit-chat instead of actually
conducting an interview. Doing so is neither fair to the candidate nor the organization. Internal /
local candidates may have ideas about what they would do differently as the City Manager, but
have not been willing or able to convey these thoughts to the elected officials, much less act
upon them. Unless the same hard questions are asked of the candidate as the external candidates,
meaningful comparisons cannot be drawn.
It should also be recognized that a competent, likable, internal / local candidate will have
a natural advantage in any job competition. To select the known quantity is a natural, human
tendency, particularly in public sector recruitments. It feels comfortable and is viewed as safe.
It may also be exactly the wrong thing to do. For example,we have seen governing bodies select
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Section 2
individuals with whom they were comfortable and assume the individual will grow into the
position. In our experience, they generally do not. Once someone has the top position, he/she
has no mentors and it is difficult for them to improve in areas where they are weak. There simply
is no one to teach them so they to focus on the areas where they are strong rather than improving
in areas where they are weak.
Further, if the candidate does not do well in the position, then a year or so later the same
governing body is struggling with a difficult decision. What should it do with someone who was a
valuable employee or friend but who is not providing the necessary leadership? The choices
become to continue with the employee even though he/she is not performing up to standards,
demote the employee, or terminate his/her employment altogether. None of these choices is
attractive, but one must be selected. Someone who was a perfectly good employee in his/her
previous position may be lost. Of course, this same candidate, with a few more years of
experience and mentoring, might make an excellent City Manager.
Please understand that we are not trying to discourage the hiring of an internal / local
candidate. We do believe, however, that the internal / local candidate must be examined just as
critically as the other candidates. We have found it helpful to ask the internal / local candidate
what problems he/she sees in the organization and what he/she would propose to resolve them. If
the individual does not have a good, specific answer to that question, then he/she is not ready to
be the community's City Manager. External candidates will not have the same depth of
experience or knowledge about the government, so it would not be fair to expect the same
response to this question as you would from the internal /local candidate.
Another thing to keep in mind is that, if an internal candidate is hired as the City Manager,
then a search must begin to fill his/her position. If an outside candidate is hired as the manager, in
most cases the internal candidate stays, but is somewhat disappointed. Of course there is also the
risk that the internal candidate may be so disappointed that he/she decides to seek employment
elsewhere.
Possible Interview Questions
The questions on the next few pages may be useful in determining the information that
you need. There are undoubtedly others. The point is to ask the questions that you feel will give
you the best idea of what the candidate believes, how he/she will work with you and with the
staff, and whether or not he/she is good match for the community.
The following topics and questions are divided into four groups. The first set contains
standard introductory questions covering an individual's background, management style, and
experience. The second set is designed to provide information about how the candidate will
interact with the elected officials and staff, and to focus on particular issues that may be of
concern to the community. Set III should always be asked at the end of the interview. The fourth
section outlines what questions should not asked as they could provoke a law suit.
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Section 2
Possible Interview Questions
Since time will not permit asking all the questions, you should select the ones that are
most important to you.
Topics/Question Set I:
1. Tell me about yourself.
2. Why are you interested in our community?
3. What is your management style?
4. What would your staff say about you as a manager?
5. What would your elected officials say about you?
6. Have you fired people? How did you handle it? How did you feel about it?
7. What do you think your strengths are?
8. What do you think your weaknesses are?
9. What has been your biggest success? Tell us about it.
10. What has been your biggest failure (or mistake) in your career? What did you
learn from it?
11. If you were asked to cite one particular situation or event in your career that gave
you the greatest satisfaction, what would it be?
12. What would you do during the first six months in our community?
13. What do you hope to learn in the first six months in our community? What do you
expect to teach us?
14. What do you believe to be the challenges and opportunities facing our community?
How are these likely to change in the future?
15. The City wants a City Manager with new ideas and lots of energy. How do you
meet those requirements?
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Section 2
Possible Interview Questions
16. What is your value system? How will your values determine how you manage our
City?
17. Why should we select you to be our next City Manager?
18. Is there anything else you would like to tell us?
Topics/Question Set II:
1. Explain what you believe the role of our City Manager should be.
2. What are the three most important commandments for a City Manager?
3. Can you give me a breakdown of your typical day as a City Manager?
4. How would you view your relationship with the elected officials?
5. How will you go about building a strong relationship with elected officials? How
will you maintain it?
6. How do you build consensus on an elected body when it is deeply divided?
7. What information do you think the governing body needs to have concerning day-
to-day operations and on-going projects?
8. How will you keep the elected officials informed?
9. What kind of direction do you expect to get from the elected officials? What will
you do if you do not feel they have made it clear how they want the staff to
precede on a particular issue?
10. There is an expression, "A good City Manager only needs to be able count to
three." Of course in our case, that would be five. Could you please comment on
that statement?
11. What do you do when your views on handling a situation differ from those of the
governing body as a whole?
12. What will you do if a particular elected official disagrees with how you believe a
situation should be handled?
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4
Section 2
Possible Interview Questions
13. What will you do when an elected official contacts a department head directly and
tells him/her to do something?
14. What would you do if an elected official walked into your office and told you that
you needed to repaint it navy blue?
15. Can you tell your elected officials what they need to hear rather than what they
want to hear?
16. How well do you accept criticism? Please give me an example of a case where an
elected official suggested you could improve your performance. How did you
respond and what did you do?
17. What are your core values and which one is most important to you?
18. Tell us something unique about yourself.
19. Can you describe an ethical issue that you have had to deal with in your career and
how you handled it?
20. As a manager, how do you evaluate your own performance?
21. What do you believe to be the highlights of your career over the past three years?
22. How will you build a strong relationship with our existing staff?
23. What kind of relationship do you want to have with the senior managers and the
rest of the staff, and how will you establish it?
24. How many people reported to you in your last job? How did you keep them
informed of the community's priorities? What do you intend to do differently if
you are appointed here?
25. How will you keep the general employees informed of the elected officials'
priorities?
26. To what extent do you believe contact with citizens and citizen's groups is
important? How do you typically handle this responsibility? How will you build
relationships with the community?
27. How do you plan to communicate with our residents?
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Section 2
Possible Interview Questions
28. How many community meetings have you attended in the last six months? What
was the last one you attended and why did you go?
29. Sensitivity to different genders, races and ethnic groups is a priority for us. Can
you provide us with some specific examples of how you have demonstrated your
commitment to these principles in the past?
30. People are: . Please fill in the blank and explain your choice of
that word or words.
31. How will you go about identifying the organization's strengths, weaknesses, and
opportunities for improvement? Once you have identified them, how will you go
about making changes?
32. How will you approach the short and long range planning processes? What system
do you use to set goals and objectives? How do you monitor progress against
these goals and objectives?
33. Please describe your experience with strategic planning.
34. Please outline the similarities between our community and the previous
communities you have served.
35. History defines the future. Can you please define the character of our community
based on what you have seen and then tell what you would like it to look like in 25
years?
36. What will you do if you feel an employee is not doing his/her job in a manner you
feel is satisfactory?
37. What do you do when you observe an employee - who works for a department
director-who is not doing his/her job the way you think it should be done?
38. Describe the steps you would take if you needed to recruit, say, a new Planning
Director.
39. Please describe a situation where you have had to "step up and lead" relative to a
controversial issue.
40. Describe a situation where you had to build a team to solve a problem.
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Section 2
Possible Interview Questions
41. Please give an example of organizational restructuring you initiated. What was the
reason for the restructuring and was it successful? Would you do anything
differently if the situation presented itself again?
42. How would you go about raising morale in our organization?
43. Please describe your general experience in human resources administration
including the development of personnel policies and performance appraisal
systems.
44. Please describe your experience with and philosophy of labor/management
relations.
45. What qualities make someone successful as a negotiator in labor contract
discussions?
46. Have you sat at the bargaining table in contract negotiations? Tell us about the
experience and what you learned from it.
47. Please identify the most difficult situation you have encountered with a labor union
and how it was resolved.
48. What would labor unions you have dealt with say about you?
49. Describe an incident in which you played a role that embarrassed your government
or caused it difficulty. What did you learn from it?
50. Are there any events in your professional or personal life that may reflect
negatively upon your performance or which would be awkward or embarrassing to
us if reported upon by our local/regional news media?
51. What are your long term career goals?
52. What areas of your skills/professional development do you want to work on at this
point in your career?
53. How do you insure that your staff continues to develop professionally?
54. Are you willing to take calculated risks?
55. What kind of decisions did you make in your last job?
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Section 2
Possible Interview Questions
56. What kinds of decisions are difficult for you to make?
57. What personal skills do you feel are necessary for someone to be successful in this
position?
58. What particular personal characteristic do you have that will most benefit our
residents if you are hired?
59. What is your average workweek now, and what would you expect it to be if you
came to work here?
60. Why did you leave your last job?(Ask if the candidate is in transition.)
61. Why do you want to leave your current job? (Ask if the candidate is currently
employed.)
62. From what you know about our community, what is the most burning issue that we
face, and how would you address it?
63. Strong fiscal management skills are central to this position. Please describe the
most challenging budgeting situation you have encountered and how you reacted.
64. What innovative, cost saving programs and projects have you initiated and how
successful were they?
65. What is your philosophy for developing and implementing a budget for our City?
66. Would you consider implementing a Zero Based Budget?
67. What techniques would you employ to develop and implement a balanced budget
in these difficult economic times?
68. What techniques have you employed to reduce payroll expenses without layoffs
and without reducing the level of service we provide?
69. How do you encourage staff to stay in your organization?
70. Give me some examples of cases where you have introduced new technologies to
improve productivity or service delivery in a local government organization?
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Section 2
Possible Interview Questions
71. Like many communities, we are experiencing rapid growth and development.
What would you do to protect the character of the community while permitting
acceptable growth?
72. Do you view growth as a positive?
73. Tell us about your experience closing the gap between what is the ideal amount of
infrastructure (roads, drainage, facilities, etc.)and what is actually present.
74. What experience do you have with economic development?
75. Please describe your experience in working with a business community, Chamber
of Commerce, downtown business association, etc.
76. Tell us about an economic development project that you are particularly proud of
and your role in its success.
77. What sort of concessions would you ask of developers when discussing their desire
to bring a new development to our community?
78. Can you tell us about your experience with Tax Increment Financing?
79. Do you think it is necessary or appropriate to redevelop this community? If yes,
how would you go about redeveloping it?
80. Do you feel it is desirable to bring new businesses to the community? What kind
of businesses would you try to attract?
81. What actions would you pursue to bring jobs to our City? What sectors would you
target?
82. What attributes of the City would market to businesses that you want to attract to
our community?
83. Describe your experience with out-sourcing and your methodology for evaluating
the cost-effectiveness of outsourcing.
84. What is your opinion of sole source procurements?
85. How will you balance the need for timely/efficient procurement with the need for
checks and balances?
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Section 2
Possible Interview Questions
86. How would you go about building a good relationship with the County?
87. How would you go about building a positive relationship with other governments
with whom you will have to deal if you are selected for this position?
88. Describe your experience in dealing with state agencies.
89. Describe your experience dealing with federal agencies.
90. Describe your experience obtaining grants. What agencies would you approach
for grants? What kind of grants do you think would benefit us?
91. Are there other external sources of funds(beyond grants)that you would seek out?
92. Have you ever been involved in initiatives to contract out services? Tell us about
them. Did these efforts succeed?
93. How do you feel about succession plans for managers and directors? Do you
presently have one in your City?
94. What experience do you have in developing and implementing policies and
programs that further the goal of green and sustainable communities?
95. Describe the kind of organization for which you would like to work. If you could
change one thing in your current (or most recent)job, what would it be?
96. Who do you view as your customers? How will you interact with them?
97. What great idea have you had that did not go anywhere and why did it fail?
98. If we were look at your personnel file, what would we find? Would there be
anything negative?
99. How do you respond when a resident walks into City offices and wants to meet
with you about an issue that concerns him/her?
100. Would you make yourself available for two hours a week to see the public on a
first-come, first-served basis?
101. How would you address a situation where an employee places the City in an
embarrassing light?
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Section 2
Possible Interview Questions
102. What do you see as the primary drawback to being the City Manager of our
community? What do you know about our operations and current employees?
103. If we hire you, would you seek a salary increase every year?
104. If the community decides to install a plaque somewhere in your honor after you
leave your current job, what would it say?
105. If they decide to give you a roast, what would people say about you?
106. What was the most pertinent question you were asked today by any one of us, and
how did you answer it?
107. Would you favor setting up a non-profit to deal with the feral cat and stray dog
population in our community? [This question may seem a bit odd but it tests the
ability of a candidate to think on his/her feet.]
108. Assume our 100`h anniversary is next year. What ideas would you offer to make it
a rousing success?
109. What was the last book you read and why did you choose it?
110. Who is your favorite comedian and how do you incorporate humor in your
management style?
111. What did you do to prepare for today's interview?
112. If you accept this position, how long do you expect to stay?
113. How do your spare time? What are your hobbies?
114. How would you describe your ideal day off?
115. Why should we hire you?
Topics/Question Set III:
1. ., If you are selected as the successful candidate, and understanding that pay and
benefits are matters for negotiation, tell us in broad terms what sort of
compensation package you would expect?
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Section 2
Possible Interview Questions
2. If we hire you, how long would you expect to stay in the position?
3. What kind of severance package would you expect if you were terminated?
4. When would you be available to start work?
5. Is there anything which we have not discussed today that you would like us to
know?
6. Are there any questions you would like to ask us?
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Section 2
Topics/Questions Set IV: Topics to Avoid During the Interview Process
A large body of legislation has developed over the years addressing civil rights and
race/gender/age discrimination. Questions in these areas should be avoided during the interview
process. The process of interviewing and selecting an applicant is no longer a simple matter of
conducting a casual conversation and hoping to learn a candidate's strengths, weaknesses, likes,
and dislikes. Various civil rights laws now make the average interview a process that should be
approached with extreme caution. However, if you keep in mind certain basic rules, you will
facilitate the process and avoid problems.
In most instances, asking inappropriate questions may raise an inference of either
discrimination or retaliation against a particular candidate. In other instances, such as those
involving issues of mental or physical health, inappropriate questions are presumptively
discriminatory. Therefore,the interviewer must avoid questions relating to the following:
1. Political affiliation, political views, or voting history.
2. Religious beliefs or practices.
3. A candidate's race.
4. A candidate's age.
5. A candidate's national origin or ancestry.
6. A candidate's family and whether or not they would be willing/able to join them
in the new City.
7. A candidate's desire to have children or raise a family.
8. Pregnancy and other gender related issues.
9. Sexual orientation or sexual practices.
10. Marital status or personal and private relationships.
11. Potentially controversial issues of race, gender or ethnicity.
12. A candidate's availability due to serving as a reserve in the military.
Any information a candidate may volunteer during the interview process regarding these
matters does not render the interview invalid or otherwise taint the process. Consequently, open-
ended questions, such as asking if the candidate wants to reveal anything else to the City that has
not already been covered, are not prohibited. In fact, they can sometimes provide valuable
insight into a candidate's views and perspectives.
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Section 2
Topics/Questions Set IV: Topics to Avoid During the Interview Process
With regard to issues of physical or mental health, many questions are appropriate after a
conditional offer of employment is made, but must be avoided beforehand. The interviewer must
avoid questions relating to the following topics:
1. A candidate's medical history.
2. Past workers compensation claims.
3. Past use of sick leave.
4. Health of a candidate's family members.
5. Any obvious physical or mental impairment of the candidate. However, it is
permissible to ask if the candidate is able to perform the essential functions of the
job for which he/she is applying. A better practice is not to ask this type of
question at all. Of course, from a practical point of view, it is hard to imagine
anyone answering negatively.
6. A candidate's frequency of illegal drug use or addiction. However, it is
permissible to ask if the candidate ever used illegal drugs, and if so, the last time
he/she did so. Once again, this is a very delicate area that can create significant
problems for the employer if the questioning is intrusive.
7. Alcoholism or the frequency of alcohol consumption.
The questions listed above which relate to medical conditions may properly be asked of a
candidate after he or she has received a conditional offer of employment. Before an offer is
made, however, the questions must be avoided.
If you need further assistance in crafting proper interview questions, please do not
hesitate to contact us for further guidance.
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Section 3
Suggested Interview Schedule
Section 3
To Be Provided When the
Number of Finalists Has
Been Determined.
Section 9
Salaries
Section 9
Candidate Salaries
The following are the base salaries that the semi-finalist candidates gave to us. Although
salary is always a consideration, we recommend that it not be the determining factor. A highly
qualified, experienced candidate may warrant a higher salary. That individual may well save the
City several times the difference in salary by making better decisions.
We should also add that we have spoken with all the candidates and made it clear what
the City wants to pay. Each has agreed to accept a salary in the advertised range.
Current/Most
Candidate Recent Salary
Jeffrey"Jeff" E. Brown $ 139,310
Garrison "Garry"C. Brumback 173,000
Susan L. Grant 187,304
Jason R. Nunemaker 140,000
Alejandro"Alex" I. Rey 189,000
We suggest you ask the finalists about their salary requirements when you interview them.