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06-12-2018 Regular Commission Meeting Agenda City Manager City Commission Susan L.Grant ]Enid Weisman,Mayor `"` ..�_; Gladys Mezrahi,Vice Mayor �.!_; -��' Citi Clerk Denise Landman,Commissioner ]Elllisa L.Horvath,MMC Dr.Linda Marks,Commissioner i Marc Narotsky,Commissioner City Attorney Robert Shelley,Commissioner G_ Weiss Scrota Helfman Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman CITY COMMISSION MEETING AGENDA JUNE 129 2018 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: • 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: • May 1, 2018 Commission Regular Meeting • May 17, 2018 Commission Meeting • May 17, 2018 Commission Regular Workshop Meeting B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $6,480 FOR PUBLIC SECURITY ENHANCEMENTS TO THE GOVERNMENT CENTER IST FLOOR LOBBY FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda June 12, 2018 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. 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 2 FOR THE NE 183rd STREET SEAWALL RESTORATION PROJECT BY AND BETWEEN THE CITY AND KIEWIT INFRASTRUCTURE; 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. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA, ET AL,CIRCUIT COURT CASE NO. 13-15004,IN WHICH LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS—QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. None 7. ORDINANCES—FIRST READING/PUBLIC HEARINGS: None 8. ORDINANCES—SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-143(F)(3)B., MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO ADD PUBLIC OR PRIVATE WATERWAYS AND DOCKS TO THE SUN SHADOW EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Meeting Agenda June 12, 2018 B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-37 "TIME OF HIRE" TO PROVIDE RULES ALLOWING OFFICERS HIRED BETWEEN OCTOBER 1, 2000 AND SEPTEMBER 30, 2003 TO PURCHASE CREDITED SERVICE UNDER THE CITY OF AVENTURA POLICE OFFICERS' RETIREMENT PLAN FOR THE YEARS OF SERVICE THAT THEY RENDERED TO THE CITY AS POLICE OFFICERS PRIOR TO THE EFFECTIVE DATE OF THE RETIREMENT PLAN; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, JOINING THE SEAWALL COALITION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT FUTURE MEETINGS* REGULAR COMMISSION WORKSHOP—JUNE 21,2018 AT 10 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) REGULAR COMMISSION MEETING—JULY 10,2018 AT 6 PM COMMISSION CHAMBER COMMISSION/REGULAR COMMISSION WORKSHOP—JULY 19,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5'H FLOOR) *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 3 of 3 'The pity of CITY COMMISSION Aventura Government Center Aventura REGULAR MEETING MINUTES 19200 W.Country Club Drive MAY 1, 2018 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 6:10 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City Manager Susan L. Grant, 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 Local Planning Agency Meeting. 3. ELECTION OF VICE MAYOR: After nomination by Commissioner Shelley and unanimously approved, Commissioner Gladys Mezrahi was elected Vice Mayor, for the next six-month period. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • School Reports: The following provided updates on their schools: Rachel Yavner (ACES), Chloe Freitas (Aventura Waterways), and Nathaniel Manor (Dr. Michael M. Krop Senior High School). 6. CONSENT AGENDA: There were no requests from the public to address the Commission. Commissioner Shelley requested the removal of Item I, for discussion. A motion to approve the remaining items on the Consent Agenda was offered by Commissioner Shelley, seconded by Commissioner Landman and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • March 15, 2018 Commission Meeting • March 15, 2018 Commission Regular Workshop Meeting • April 3, 2018 Commission Regular Meeting • April 19, 2018 Commission Meeting • April 19, 2018 Commission Regular Workshop Meeting B. Motion approved as follows: MOTION TO APPROVE ANNUAL APPROPRIATION FOR SCHOLARSHIP I AWARD TO KROP HIGH SCHOOL STUDENTS. RI Aventura City Commission Regular Meeting Minutes May 1, 2018 C. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $35,049 FOR CRIME PREVENTION PROGRAMS, EQUIPMENT AND TRAINING, POLICE EXPLORER PROGRAM AND LEADS ONLINE POWER PLUS INVESTIGATIVE SYSTEM FROM THE POLICE STATE AND FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Resolution No. 2018-40 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND U.S. REPRESENTATIVE DEBBIE WASSERMAN SCHULTZ FOR OFFICE SPACE IN THE CITY OF AVENTURA GOVERNMENT CENTER; 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. 2018-41 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT TO GARLAND/DBS INCORPORATED, FOR THE WATERPROOFING AND JOINT SEALING FOR THE GOVERNMENT CENTER FOR THE INDIVIDUAL BID PRICE CONTAINED IN ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT IN ATTACHED EXHIBIT "B"; 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. F. Resolution No. 2018-42 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 MARINER VILLAGE GARDEN 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. G. Resolution No. 2018-43 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 ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 7 Aventura City Commission Regular Meeting Minutes May 1, 2018 H. Resolution No. 2018-44 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING THAT THE CITY SHALL NOT PROCURE GOODS OR SERVICES FROM, OR OTHERWISE CONTRACT WITH, A BUSINESS WHICH ENGAGES IN THE BOYCOTT OF A PERSON OR ENTITY BASED ON RACE, COLOR, RELIGION, GENDER, OR NATIONAL ORIGIN; REQUIRING ANTI-BDS CLAUSE TO BE INCLUDED IN CITY SOLICITATIONS AND CONTRACTS; AND PROVIDING FOR AN EFFECTIVE DATE. Removed for discussion: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING PROTOCOLS TO BE CONSIDERED BY THE CITY OF AVENTURA POLICE DEPARTMENT FOR THOSE INVESTIGATIONS INVOLVING POTENTIAL ANTI-SEMITIC MOTIVATIONS FOR CRIMINAL OFFENSES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 2018-46 adopted as follows: 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; AND PROVIDING FOR AN EFFECTIVE DATE. Consent Agenda Item I: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING PROTOCOLS TO BE CONSIDERED BY THE CITY OF AVENTURA POLICE DEPARTMENT FOR THOSE INVESTIGATIONS INVOLVING POTENTIAL ANTI-SEMITIC MOTIVATIONS FOR CRIMINAL OFFENSES; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE. DATE. A motion for approval of the resolution was offered by Commissioner Weinberg and seconded by Commissioner Shelley. Mr. Wolpin explained the resolution. Police Chief Bryan Pegues spoke in favor of the item. Mayor Weisman opened the item for public comment. There being no speakers, the public comment was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-45 was adopted. Page 3 of 7 Aventura City Commission Regular Meeting Minutes May 1, 2018 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the Local Planning Agency Meeting into the record by reference: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-143(F)(3)B., MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO ADD PUBLIC OR PRIVATE WATERWAYS AND DOCKS TO THE SUN SHADOW EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Vice Mayor 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 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-37 "TIME OF HIRE" TO PROVIDE RULES ALLOWING OFFICERS HIRED BETWEEN OCTOBER 1, 2000 AND SEPTEMBER 30, 2003 TO PURCHASE CREDITED SERVICE UNDER THE CITY OF AVENTURA POLICE OFFICERS' RETIREMENT PLAN FOR THE YEARS OF SERVICE THAT THEY RENDERED TO THE CITY AS POLICE OFFICERS PRIOR TO THE EFFECTIVE DATE OF THE RETIREMENT PLAN; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Dr. Marks. Mrs. Grant explained the Ordinance. 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. Page 4 of 7 Aventura City Commission Regular Meeting Minutes May 1, 2018 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30), 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 ENCUMBRANCES; 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. Mrs. Grant provided a summary review of the budget for the Aventura City of Excellence School (ACES). 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. 2018-07 was adopted. Mr. Wolpin read the following ordinance by title: B. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-05, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2017/2018 (JULY 1 — JUNE 30) BY REVISING THE 2017/2018 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE. CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mrs. Grant explained the amendments to the ACES budget. Page5 of 7 Aventura City Commission Regular Meeting Minutes May 1, 2018 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. 2018-08 was adopted. Mr. Wolpin read the following ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2018/2019 (JULY 1 —JUNE 30), 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 ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Vice Mayor Mezrahi and seconded by Commissioner Landman. Mrs. Grant provided a summary review of the budget for the Aventura Charter High School. 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. 2018-09 was adopted. Mr. Wolpin read the following ordinance by title: D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-08, WHICH ORDINANCE ADOPTED THE AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2017/2018 (JULY 1 — JUNE 30) BY REVISING THE 2017/2018 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Vice Mayor Mezrahi. Mrs. Grant explained the amendments to the Aventura Charter High School budget. Page 6 of 7 Aventura City Commission Regular Meeting Minutes May 1, 2018 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. 2018-10 was adopted. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS: Vice Mayor Mezrahi provided information on the first upcoming Aventura City Talks program tentatively scheduled for September 20th at the library, with cyber safety as the first topic as recommended by the Youth Advisory Board. She also reported on her attendance at the eMerge Americas event. Commissioner Weinberg also reported on his attendance at the eMerge Americas event. Commissioner Landman reporting on the upcoming movie night and commended City staff and ACES students on the Arbor Day Event. After a request by Mrs. Grant and consensus of the Commission, the June 21st Commission Workshop Meeting time was changed to 10:00 a.m., due to an Aventura Marketing Council meeting earlier that same morning. 12. PUBLIC COMMENTS: The following members of the public provided comments: Vanessa Cueto (17970 NE 31 Court, Aventura) and Marvin Taake (19801 E. Country Club Drive, #106, Aventura). The Commission briefly discussed addressing the short term rental issue at condominiums. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Vice Mayor Mezrahi, and unanimously approved; thus adjourning the meeting at 6:55 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on June 12, 2018. Page 7 of 7 'The City aC CITY COMMISSION Aventura Government Center REGULAR MEETING MINUTES 19200 w. Country Club Drive .ventura MAY 17, 2018 Aventura, Florida 33180 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:01 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Susan L. Grant, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. ZONING HEARING: QUASI-JUDICIAL PUBLIC HEARING: Mr. Wolpin reviewed the quasi-judicial procedures and read the following Resolution by title: RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT INDOOR AND OUTDOOR COCKTAIL LOUNGE AREAS WITHIN SERAFINA RESTAURANT LOCATED IN TENANT SPACE #1944 OF THE AVENTURA MALL EXPANSION AT 19565 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion for approval of the resolution was offered by Commissioner Landman and seconded by Vice Mayor Mezrahi. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (19501 Biscayne LLC doing business as Serafina): James Rauh, Esq. (Greenspoon Marder, 1601 Washington Avenue, Suite 300, Miami Beach, FL). The Commission discussed condition #2 listed in the resolution. Mr. Wolpin recommended that the item be approved as presented. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-47 was adopted. Aventura City Commission Meeting Minutes May 17, 2018 3. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following resolution by title: A. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN THEIR CAPACITY AS THE BOARD OF DIRECTORS FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CHARTER SCHOOL CONTRACTUAL AGREEMENT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL BETWEEN THE CITY OF AVENTURA AND THE MIAMI-DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Narotsky and seconded by Commissioner Shelley. City Consultant Eric M. Soroka, CMCS Consulting Services LLC, reviewed the contractual agreement for the Aventura City of Excellence School with the Miami-Dade County School Board. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-48 was adopted. Mr. Wolpin read the following resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT, INCLUDING GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION, BETWEEN OWNER (CITY OF AVENTURA) AND KAUFMAN LYNN CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE AVENTURA CHARTER HIGH SCHOOL PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE; ESTABLISHING THE CONSTRUCTION MANAGEMENT FEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Shelley and seconded by Vice Mayor Mezrahi. City Consultant Eric M. Soroka, CMCS Consulting Services LLC, reviewed the construction agreement, including the schedule. Mr. Soroka will provide monthly reports and monitor the schedule to ascertain if a contingency plan will be needed based on adherence to the construction schedule. Page 2 of 3 Aventura City Commission Meeting Minutes May 17, 2018 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-49 was adopted. Mr. Wolpin read the following resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING RFP NO. 18-02-13-2 PROFESSIONAL TENNIS PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES TO NUNEZ TENNIS TRAINING PURSUANT TO THE AGREEMENT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF AVENTURA AND NUNEZ TENNIS TRAINING; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Landman and seconded by Commissioner Narotsky. Mrs. Grant reviewed the resolution. Community Services Director Kimberly Merchant provided information on the revenue received and the utilization of the tennis courts. Mayor Weisman opened the public hearing. The following members of the public provided comments: Marjorie Rosenblatt (Mystic Pointe). There being no additional speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote and Resolution No. 2018-50 was adopted. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at 9:44 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on June 12, 2018. Page 3 of 3 The City of CITY COMMISSION Ay �}e WORKSHOPMAY MEETING172018 MINUTES Aventura19200 W Government Center Drive Y encu , ry Aventura, Florida 33180 4,'"i. Following 9 a.m. Commission Meeting 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:52 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Gladys Mezrahi, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Susan L. Grant, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PORT AVENTURA: Community Development Director Joanne Carr reviewed the "Port Aventura Development Proposal" PowerPoint, dated May 17, 2018 covering the following items: Meeting/Discussion History, Original 9 Acre Development Parcel, Original Development Parcels and NE 185 Street Extension, History of Site Plan Approvals on North Condominium Parcel, Current Development Proposal, Staff Recommendation, and Development Approval Timeline. She also reviewed the proposed text changes to the City's Comprehensive Plan and Land Development Regulations. City Traffic Engineering Consultant Ali Hanes, Kimley-Horn and Associates, Inc., discussed the 2015 traffic impact analysis provided by the Applicant. Nelsen Kasdin, Esq. (Akerman LLP) and John Kim (Langan Engineering) addressed the Commission on behalf of the Applicant (Harry Gross) and reviewed the following items related to the project: traffic impact, reduction of the number of hotel rooms, pedestrian orientation to further reduce traffic, LEED certification standards, donation to the high school, no increase in density, and agreement with staffs language changes for the proposed text amendments. The Commission discussed the following items: the impact on traffic, the need for a current traffic study, the amount of time the lot has been vacant, an enhancement to the community, square footage of the rental units, and the proposed text changes to the City's Comprehensive Plan and Land Development Regulations. Mayor Weisman reported that representatives from Miami-Dade County would be visiting Aventura on June 4th to observe the traffic issues. Mr. Wolpin will update the language for the proposed text amendments to provide the missing word in the last sentence on page 1. City Manager Summary: It was the consensus of the City Commission for the project to proceed on the timeline schedule provided by Mrs. Carr and for a traffic study to be provided, as required with the conditional use process. An ordinance will be drafted with the proposed text changes to the Comprehensive Plan and Land Development Regulations for consideration by the Local Planning Agency and City Commission at the July 10, 2018 meeting. 4 I Aventura City Commission Workshop Meeting Minutes—May 17,2018 3. BUDGET PREVIEW (Susan Grant): Mrs. Grant reviewed the "City of Aventura Budget Preview FY 2018/2019" PowerPoint, dated May 17, 2018 covering the following items: FY 2017/2018 Budget Status, Amendment, and Priorities and FY 2018/2019 Budget Status and Staff Initiatives. The Commission provided the following initiatives for consideration for FY 2018/2019: banking RFP, youth sailing program, providing money in the budget for the Aventura City Talks program, water taxi service, additional toddler/baby swings at City parks, extending the number of days the Splash pad is open, addressing the Waterways Shops, providing a hurricane plan and preparedness on the City's web site, inquiring to see if assisted living facilities in Aventura have generators, and livestreaming Commission meetings. City Manager Summary: It was the consensus of the City Commission for the City Manager to provide an update on a banking RFP at the next meeting and to additionally provide the status of items requested by the Commission within 30 days. 4. RESOLUTION SUPPORTING WESTON LAWSUIT (Vice Mayor Mezrahi): Vice Mayor Mezrahi suggested that a resolution or letter supporting the Weston lawsuit be considered in lieu of joining the lawsuit. Mr. Wolpin explained the litigation (seeking a declaration that the provisions set forth in section 790.33, Florida Statutes, punishing elected officials for violating the preemption relating to the regulation of firearms and ammunition, are invalid) and the Commission's options. City Manager Summary: It was the consensus of the City Commission that the lawsuit be followed and no action be taken at this time. Per the request of Mayor Weisman and consensus of the Commission, items 6 and 7 were taken out of order. 6. SEAWALL COALITION (Commissioner Narotsky): Commissioner Narotsky requested that the Commission consider joining the Seawall Coalition, a nonpartisan group of elected officials, cities, military groups, businesses, and local leaders that have come together to unlock national solutions to sea level rise and flooding. City Manager Summary: It was the consensus of the City Commission for a representative from the Seawall Coalition to provide a presentation at the June meeting and for a resolution to be drafted for the Commission's consideration. 7. COMMISSIONER COMMUNICATIONS: Mayor Weisman explained her request to provide this item on every Workshop Meeting Agenda for the Commission to provide any reports they may have. Mayor Weisman again reported on an upcoming meeting in Aventura with representatives from Miami-Dade County regarding traffic. Page 2 of 3 Aventura City Commission Workshop Meeting Minutes—May 17,2018 City Manager Summary: No action — this item was provided for informational purposes. 5. COMMUNICATIONS PROCEDURES (Commissioner Dr. Linda Marks): Commissioner Dr. Marks discussed the recent boil water order and communications needed from the City Manager on certain items from the County. Mrs. Grant explained her conference call with the County's new director addressing the need to improve their communications with the City. City Manager Summary: It was the consensus of the City Commission that the City Manager inform the Commission on all public works issues, as well as notices that she receives on items that may impact the community. Commission members will individually provide the City Manager with their preferred method of communication for emergencies and other items. 8. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 12:02 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on June 12, 2018. • Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission I FROM: Susan Grant, City Manage pe� DATE: April 26, 2018 SUBJECT: Disbursement of Police Forfeiture Funds June 12, 2018 City Commission Meeting Agenda Item '3 15 RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $6,480 for Public Security Enhancements to the Government Center 1st floor lobby from the Police Forfeiture Funds in accordance with the City Manager's Memorandum. If you have any questions, please feel free to contact me. SG/act Attachment 0001755-18 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Susan Grant, City Manager FROM: Bryan Pegues, Chief of Police DATE: April 16th 2018 SUBJECT: Use of Federal Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies for. Public Security Enhancements to the Government Center 1s'floor lobby- $6,480 Summary Stanley Security Solutions Security Upgrades — These upgrades will prevent unauthorized access to the various floors of the Government Center and into the Police Department during business hours and after the Government Center is closed. Stanley Security will install security upgrades outside the PD lobby and in the 1°' floor public reception area to enhance building safety. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manager foe DATE: May 29, 2018 SUBJECT: Resolution Declaring Equipment Surplus June 12, 2018 City Commission Meeting Agenda Item $G RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. SG/act Attachment RESOLUTION NO. 2018- 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. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No.2018- PASSED AND ADOPTED this 12th day of June, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Susan Grant, City Manager FROM: Kimberly Merchant, Director of Community Service DATE: May 29, 2018 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: Cybex Assisted Chin Up/Dip Model 4800-381B, Serial #534591X313304 Cybex Leg Curl Model 4855-598, Serial #485591W235150 Cybex Stair Climber Model 8005-CT, Serial # 511-01243 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Susan Grant, City Manager FROM: Karen J. Lanke, Information 'thnology Director DATE: June 4, 2018 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City or the Aventura City of Excellence School. Please let me know if you have any questions regarding this request. Attachments City of Aventura Computer Equipment Inventory Exhibit A Brand Model pry Serial Number Type APC BR700G 3B1032X51605 UPS APC BR700G 381032X52730 UPS APC BR700G - 381032X52819 UPS APC BR700G 3B1127X46873 _ UPS APC BR700G 3B1621X35400 UPS APC RBC24 381621X25400 UPS APG RBC24 UPS Battery APC SUA1500RM2U A1008242413 - _ UPSS APC SUA150ORM2U A5S1008242443 _ UPS Avaya 1603 Phone Avaya 9640 - - -- Phone Avaya 9650 Phone _ Maya 9620L 1 _ _ __ _ Phone Avaya 9650C -- Phone Brother PJ-623 U62864-C5Z933]7] Printer Brother PJ-623 U62864-J5Z366938 _ Printer Brother PJ-623 U62864-L4Z259769 Printer Brother PJ-623 U62864-M4Z313465 Printer Brother 8-252360 _ 062 DG34152134]4 Printer Canon DR-2580C _ NVF359531 Printer Canon NC-050 NVF35953 m CanonlVC-050 Camera _ Del 1 E6440 CN-WY31 IP4LG8-495-AELN Laptop Del E6440 6ROFK12 Laptop Del E6440g 6ROFS 2 Laptop Del Latitude 14Rugged005414 S82S0W1 Laptopst Del - - Opeplex 7010 FSMJX1 1 Desktop Del Optiplex 7020 FSPLX12 Desktop Del _ i Optiplex 7020 F5PLX12 Desktop Del Optiplex p De ]Op780 2ONJW1 Desktop Del Optiplex 790 20NJW1 Desktop Del Optiplex 790 --- 20W1 Desktop Del Optiplex 790 200J0JW1 Desktop Del p iplex 960 JGN9M91 Desktop Del owerEdge T3200 61 B72Y1 Desktop Del POwI64SR2N- 286792 Desktop Honeywell HF41648R2IDP20 N2CNG5461 0 DVR HP Color DeskJ t t MY28II O7M7 Printer HP DeskJet 6127 MY2813B2W Printer HP DeskJet 6127 MYS3S4BOFN Printer HP DeskJet 6127 L _ .— MV67CBROTP Printer HP DeskJet 6940 MY02M262D7 Printer HP OfficeJet 6000 CN2I MY02M262D7 Printer HP OfficeJet 6100 CN1M0Printer HP OffieJet 6701 00 CN41M7506535EBSHPrinter HP O Ofti ejet ProPremium CN34ISI I2 9 Printer HP OfficeJet Pro 6230 TH676320 W Printer HP OfficeJet Pro56978 THN10969CS Printer IdentiSyslgP]5 N10 37 ID CardPrinter Inter-fel Basic on 5A Terminalt0239001498 Phone Micros Workstation 19 System Unit 23900 891 POS System r sharp rio USB620LI 6D049891 Calculator Verizon 058620E Arcard 6/4/7010 Page l of l City of Aventura ACES Computer Equipment Inventory Brand Model Number Serial number Type Dell Latitude E5440 1 105KVZ1 laptop Dell Latitude 15440 _ _ 1 _ 275KVZ1 Laptop Dell Latitude E5440 1 295KVZ1 Laptop Dell Latitude E5440 1 2M7LG12 Laptop Dell Latitude E5440 1 2W7LG12 I Laptop Dell Latitude E5440 1 2W8KVZ1 Laptop Dell Latitude E5440 1 388KVZ1 _ Laptop Dell Latitude E5440 1 3P4KVZ1 Laptop Dell Latitude E5440 1 428LG12 Laptop Dell Latitude E5440 1 4P8LG12 Laptop Dell Latitude E5440 1 4Y4KVZ1 Laptop Dell Latitude E5440 1 5Y7LG12 Laptop Dell Latitude E5440 1 648LG12 Laptop Dell Latitude E5440 1 6H6KVZ1 Laptop Dell Latitude E5440 1 7P4KVZ1 Laptop Dell Latitude E5440 1 7X7LG12 Laptop Dell Latitude 15440 1 _ 808LG12 Laptop Dell Latitude 15440 i 1866KVZ1 Laptop Dell Latitude 15440 1 il_ . 8M7LG12 Laptop Dell Latitude E5440 1 1 8T7LG12 Laptop Dell Latitude 15440 1 r 9X7LG 12 _., Laptop Dell Latitude 15440 1 924KVZ1 Laptop Dell Latitude E5440 1 858LG12 Laptop Dell Latitude 15440 1 B95KVZ1 Laptop Dell Latitude 15440 1 BDKLVZ1 Laptop Dell Latitude E5440 1 B17LG12 Laptop Dell Latitude 15440 1 BV7LG12 Laptop Dell Latitude 15440 1 CY4KVZ1 Laptop Dell Latitude 15440 1 DP4KVZ1 Laptop Dell Latitude E5440 1 D57LG12 Laptop Dell Latitude E5440 1 F75KVZ1 Laptop Dell Latitude E5440 1 FJ7LG12 Laptop Dell Latitude E5440 1 FY7LG12 Laptop Dell Latitude E5440 1 G78LG12 Laptop Dell Latitude 15440 1 GN4KVZ1 Laptop Dell Latitude E5440 1 HO8LG12 Laptop Dell Latitude 15440 1 HK7LG12 Laptop Dell Latitude E5440 1 HV7LG12 Laptop Dell Latitude 15440 1 1V8KVZ1 Laptop Dell Latitude 15440 1 JX4KVZ1 Laptop Dell n/a 81 All-in-One Computer Stand Dell OptiPlex 7010 1 2G81Y12 Desktop Dell I OptiPlex 7010 1 2G81Y13 Desktop Dell OptiPlex 7010 1 2GC2Y12 Desktop Dell OptiPlex 7010 1 2GCZX12 Desktop Page 1 of 2 6/4/2018 City of Aventura ACES Computer Equipment Inventory Brand Model Number Serial number Type Dell OptiPlex 7010 1 8G7W6Y1 Desktop Dell OptiPlex 7010 1 SGST6Y1 Desktop Dell OptiPlex 7010 1 8G8W6V1 Desktop Dell OptiPlex 7010 1 SG9V6Y1 Desktop Dell OptiPlex 7010 1 _ 8GCT6Y1 _ Desktop Dell OptiPlex 7010 1 8GCV6V1 Desktop Dell OptiPlex 7010 1 _ 8GCW6V1 Desktop Dell OptiPlex 7010 1 SGDW6Y1 Desktop Dell OptiPlex 7010 1 8GFT6Y1 Desktop Dell OptiPlex 7010 1 8GFW6Y1 Desktop Dell OptiPlex 7010 1 8GGV6Y1 Desktop Dell OptiPlex 7010 1 8GGW6Y1 Desktop Dell OptiPlex 7010 1 I 8GHT6Y1 Desktop Dell OptiPlex 7010 1 8GHV6Y1 Desktop Dell OptiPlex 7010 1 8GHW6Y1 Desktop Dell OptiPlex 7010 1 8G1V6Y1 Desktop Dell OptiPlex 7010 1 8GKT6Y1 Desktop Dell OptiPlex 7010 1 8GLW6Y1 Desktop Dell OptiPlex 7010 1 8GMV6Y1 Desktop Dell OptiPlex 7010 1 8GMW6V1 Desktop Dell OptiPlex 7010 1 8GNT6Y1 Desktop Dell OptiPlex 7010 1 8GPT6Y1 Desktop Dell OptiPlex 7010 1 8GPV6Y1 Desktop Dell OptiPlex 7010 1 8GQV6Y1 Desktop Dell OptiPlex 7010 1 8GRT6Y1 Desktop Dell OptiPlex 7010 1 8GRV6Y1 Desktop Dell OptiPlex 7010 1 8GRW6Y1 Desktop Dell OptiPlex 7010 1 8GSV6Y1 Desktop _ Dell OptiPlex 7010 1 8GTV6Y1 Desktop Dell OptiPlex 7010 1 8GTW6Y1 Desktop Dell OptiPlex 7010 1 8GVV6Y1 Desktop Dell OptiPlex 7010 1 8GXV6Y1 Desktop Dell OptiPlex 7010 1 8GXW6Y1 Desktop Dell OptiPlex 7010 1 SGYT6V1 Desktop Dell OptiPlex 7010 1 8GZV6Y1 Desktop Dell OptiPlex 7010 1 8H0T6Y1 Desktop Dell OptiPlex 7010 1 8HOV6Y1 Desktop Page 2 of 2 6/4/2018 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 11p FROM: Susan Grant, City Manager1;O DATE: April 30, 2018 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and North Bay Village June 12, 2018 City Commission Meeting Agenda Item 5f7 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with North Bay Village. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. SG/act Attachment CCO1756-18 CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: Susan Grant, City Manager FROM: Bryan Pegues, Chief of Police RE: Mutual Aid Agreement— North Bay Village Police DATE: May 10th, 2018 Enclosed are two sets of original Mutual Aid Agreements with the Town of North Bay Village that have been signed by Village Officials. I would like to request that this item be placed on the next Commission Agenda for approval so that we may continue our working relationship with them. If you should have any questions, please do not hesitate to contact me. Thank you. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND NORTH BAY VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and North Bay Village for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 12th day of June, 2018. END WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE WHEREAS, it is the responsibility of the governments of North Bay Village, Florida, and the subscribing law enforcement agencies to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the North Bay Village Police Department or the subscribing law enforcement agencies; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of North Bay Village and the participating Miami-Dade County municipalities; and WHEREAS, North Bay Village and the subscribing law enforcement agencies have the authority under Section 23.12, Florida Statutes, et seq., the Florida Mutual Aid Act, to enter into a Mutual Aid Agreement; NOW, THEREFORE, BE IT KNOWN that North Bay Village, a political subdivision of the State of Florida, and the undersigned, representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement. 1 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: a. Chief Executive Official: Either the Mayor of North Bay Village, or the chief executive official of the participating poltical subdivision, who has the authority to contractually bind the agency and has executed this Agreement, upon the approval of the governing body of each governmental entity. Subsequent to the execution by the executive officials, this Agreement shall be filed with the Clerk of the Court for Miami-Dade County, and the clerks of the respective political subdivisions. The Agreement may be amended at any time by filing subsequent Amendment(s), which will be subject to the same approval process, and shall thereafter become a part of this Agreement. b. Agency Head: Either the Director of the North Bay Village Police Department, or the Director's designees; and the Chief of Police of the participating law enforcement agencies, or the Chiefs designees. c. Participating Law Enforcement Agency: The police department of any municipality in Miami-Dade County, Florida, that has approved and executed this Agreement. d. Certified Law Enforcement Employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 2 SECTION I. TERMS AND PROCEDURES 1. Operations: a. In the event that a party to this Agreement is in need of assistance as specified herein, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and the available resources, and will respond in a manner deemed appropriate. b. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request: provided, however, that no party shall be required to deplete unseasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 2. Powers. Privileges. Immunities and Costs: a. All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the 3 provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any bss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to the Agreement during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d. All exemption from ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extra territorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 4 3. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 4. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency, less the costs associated with the forfeiture action. Any participating agencies must request sharing, in writing, before the entry of a Final Order of Forfeiture, or they will be barred from claiming any portion of the property forfeited. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property, including, but not limited to the complete discretion to bring the action, or to dismiss the action, or settlement. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 5. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 5 SECTION II. COMMAND AND SUPERVISORY RESPONSIBILITY 1. Command: The personnel and equipment that are assigned by the assisting entity shall be under the immediate command and direct supervision of a supervising officer designated by the assisting Director or Chief of Police, or his/her designee. 2. Conflicts: Whenever an officer is rendering assistance pursuant to this agreement, the officer shall abide by and be subject to the rules and regulations, personnel policies, general orders, and standard operating procedures of his or her own empbyer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control, and shall supersede the direct order. 3. Complaints: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the Director or Chief of Police, or his/her designee of the agency employing the officer who is the subject of the complaint shall be responsible for the investigation of the complaint. The Director or Chief of Police or designee of the requesting agency should ascertain at a minimum: a. The identity of the complainant; b. An address where the complaining party can be contacted; c. The specific allegation; and d. The identity of the employees accused without regard as to agency affiliation. If it is determined during the investigation of a complaint that the accused is an employee of the assisting agency, the above reformation, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for 6 the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION III. PROVISIONS FOR VOLUNTARY AND OPERATIONAL ASSISTANCE A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head,or appropriately dispatched ii resporee to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the participating municipalities and North Bay Village, Florida, it is hereby declared that the following list comprises the nature of assistance, and the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. The list includes, but is not necessarily limited to, dealing with the following: Voluntary: 1. Joint multi-jurisdictional criminal investigations. 2. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 3. Joint training in areas of mutual need. 4. Off-duty special events. 5. Joint multi-jurisdictional marine interdiction operations. 6. Security and escort duties for dignitaries. Operational: 7. Hostage and barricaded subject situations, and aircraft piracy. 7 8. Control of major crime scenes, area searches, perimeter control, back- ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 12. Any natural, technological or manmade disaster. 13. Emergency situations it which one agency cannot perform is functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bicycle, mounted, Special Response Teams, bomb, crime scene, marine patrol, and police information. 15. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line Eaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 16. Terrorist activities including, but not limited to, acts of sabotage. 17. Escapes from or disturbances within detention facilities. SECTION IV. PROCEDURES FOR REQUESTING MUTUAL AID The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Director/Chief of Police or designee. 8 2. Specific reporting nstructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and the North Bay Village Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners and operating temporary detention facilities will be handled per established procedures. SECTION V. CONCURRENT JURISDICTION It is to the mutual benefit of the participating municipal agencies and the North Bay Village Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs a. and b. below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a. Concurrent law enforcement jurisdiction in and throughout the tentorial imts of the participating municipalities and North Bay Village, Fbrida, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the 9 territorial limits of his or her jurisdiction, and provided that, in the context of this Mutual Aid Agreement, "official business outside of his or her jurisdiction" shall not include routine patrol activities. This mutual aid agreement excludes those areas within the territorial limits of the municipalities not participating in the Mutual Aid Agreement, and areas in which the North Bay Village Police Department does not have law enforcement jurisdiction. b. Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and North Bay Village, Florida, for arrests, made pursuant to the laws of arrest, of persons identified as a result of nvestigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer, should the arresting officer be a municipal law enforcement officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, municipal law enforcement officers may execute search warrants for offenses which occurred in the municipality. Municipal officers may execute the search warrant, impound all property, make arrests, and file the Return and Inventory. This concurrent jurisdiction excludes those areas within territorial municipalities not participating in 10 the Mutual Aid Agreement, and areas in which the North Bay Village Police Department does not have law enforcement jurisdiction. Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b) above, the officer shall notify the designated officer of the jurisdiction in which the action shall will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to ensure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. 1. General Requirements: a. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. b. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does include preplanned operations, undercover investigations, stings, or sweeps. c. Officers shall not conduct routine patrol activities outside of their jurisdiction. d. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency, within whose jurisdiction the action was taken, as soon as possible after the action has taken place. e. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 11 f. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. SECTION VI. EFFECTIVE DATE This Agreement shall be in effect from date of signing, through and including, April 1, 2021. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VII. CANCELLATION This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the thief executive officers of the parties hereto. 12 AGREED TO AND ACKNOWLEDGED this day of Ma-A-1 , 2018. i • ' q arlen D. Martell Le elken Village Manager Chief of Police North Bay Village, Florida North Bay Village Police Department ATT,gST: / 1 , . / . (if,/ ; Yvonne P` H=milt• Village Clerk North Bay Village, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY Norman C. Powell Village Attorney North Bay Village, lorida LAW ENFORCEMENT MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE INDIVIDUAL GOVERNMENTAL ENTITY SIGNATURE SHEET CITY OF: Aventura, Florida. BY: Susan L. Grant, City Manager Bryan Pegues, Chief of Police ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Ellisa L. Horvath, City Clerk David M. Wolpin, City Attorney STATE OF FLORIDA ) SS.: COUNTY OF MIAMI-DADE ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, did personally appear: (Insert Name and Title of Chief Executive) of the City of , Florida, a municipal corporation of Florida, and acknowledged that he or she executed the foregoing Agreement as chief executive officer of the City of , Florida, and the same is the act and deed of the City of , Florida. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at the City of , in the State of Florida and the County of Miami Dade on the day of , 2018. CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag-���' ,1 BY: Antonio F. Tomei, Capital Proj-cts Manager AM THRU: Joseph S. Kroll, Public Works& Transportation Director DATE: May 29, 2018 /U7 SUBJECT: NE 183`" Street Seawall Restoration - Change Order Number 2 June 12, 2018 City Commission Meeting Agenda Item 2018- Recommendation It is recommended that the City Commission adopt the attached Resolution approving Change Order Number 2 in the amount of$394,829.42 as it pertains to the above referenced project. The change order amount will be funded by Budget Line item Number 410-5401-538-6306. Background To address additional work costs due to unforeseen conditions and consequently material quantity overruns, the following additional construction costs must be incorporated into the contract. I have enclosed a breakdown of itemized additional costs documenting the reasons for each item listed as outlined and provided on the enclosed recommendation correspondence from the City's Engineering Consultant, Craven Thompson &Associates, Inc. Please note Item 101, $309,000. This represents 78% of the total change order amount and can be directly attributed to the following: 1. The forecast concrete amount on the engineering drawings to repair piles and caps was outlined to be 330CF. While performing these repairs with initial tasks of chipping through deteriorated re-bar and concrete, much more deteriorated concrete than outlined was exposed. Consequently, through regular visits to the site, the structural engineer confirmed the additional repair work needed. 2. The cap on the easternmost portion of the seawall had a different design than the rest. At this location, the current state of this wall required the full demolition and replacement of caps and piles further increasing the amount of concrete and reinforcing bars to make proper repairs. This too was confirmed by the structural engineer through site visits. Therefore, the amount of concrete needed to make repairs was increased to 742CF, more than double what was originally forecast. Keep in mind that this seawall was constructed in the early 70's, was in worse condition than anticipated and it is extremely difficult to determine the actual extent of repairs needed because deterioration of the wall is not visible within the concrete nor under water. I have reviewed proposed change order 2 in the amount of $394,829.42 and recommend approval. All additional construction costs have also been reviewed and approved by the City's Engineering and Structural consultants. Cost Breakdown Original Contract Amount - $1,043,660.00 Change Order 1 - $16,870.74 (enclosed) Change Order 2 - $394,829.42 Total Contract Amount-$1,455,360.16 Construction Time Frame Original Contract Completion Date—6/5/18 Revised Final Completion Date (75 calendar days included in Change Order 2)—8/19/18 Additionally, please be aware that the City has received approval of a Local Funding Initiative Request from the Florida Senate in the amount of $200,000 for this project. However, processing of these monies to the City does not commence until the State's FY commences, July 1, 2018. It will be done through the Florida Department of Environmental Protection and at present time, I do not expect the monies to be provided to the City until late 2018. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2018- 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 2 FOR THE NE 183rd STREET SEAWALL RESTORATION PROJECT BY AND BETWEEN THE CITY AND KIEWIT INFRASTRUCTURE; 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 2 between the City and Kiewit Infrastructure for the NE 183rd Street Seawall Restoration project and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $394,829.42. 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. That 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 410-5401-538-6306. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED THIS 12th day of June, 2018. 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 CHANGE ORDER NO.`16.4 CONTRACT NUMBER: IFS 17-04-05-2 DATE: 5/29/18 PROJECT TITLE: N. E. 183rd Street Seawall Restoration Project PROJECT CONTRACTOR: Kbwit Infrastructure South Co. COST:$394,829.42 BUDGET LINE ITEM:410-5401-5384306 DESCRIPTION OF CHANGES:The addition of concrete,reinforcing bars and the labor to address unforeseen deterioration of the seawall revealed during the repair and construction process.In addition,related additional costs needed for APD off duty presence,equipment and soil anchors. Original Contract: $1.043.660.00 Total Previous Change Orders: $ 16,870.74 This Change Order: $ 394,829.42 Revised Contract Amount: $1,455,360.16 Total Change Orders to Date: 1 Contract Amount Before This Change: $1,060,530.74 Total Change in Contract Period: 75 Calendar Days The sum of$394,829.42 is hereby added to the Contract price,and the total adjusted Contract price to date thereby is 31,455.360.16.The lime provided for completion of the Contract will increase by seventy five(75)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 u-wao+*te t'�oev -i S 114 ' Ie Capital Projects Manager Date Recommended for Budgetary Purposes: Finance Support Services Director Date Approved by City Manager Date Accepted by Contractor Date • May 25, 2018 Mr.Tony Tomei Capital Projects Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: NE 183rd STREET SEAWALL CHANGE ORDER NO.2 CT&A PROJECT NO. 01-0103.212 Dear Mr.Tomei: CRAVEN THOMPSON Kiewit Infrastructure has submitted Change Order No. 2 for additional work, due to unforeseen conditions and quantity overruns. We have reviewed the attached documentation from Kiewit Infrastructure and offer the following: 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 &ASSOCIATES INC. concrete cap replacement for a total increase is for$309,000.00. Engineers Planners Item 105—Pile Reinforcing—Based on the deterioration of the existing rebar Surveyors after removal of the concrete, it was determined in the field that the Landscape Architects additional rebar be spliced with full size rebar. This is a total increase to the contract of$2,400.00. Item 106 — Pile Concrete Pour — The Pile concrete was caused by the condition of the existing piles during the chipping process. The total increase for this item is$21,490.00. Item 108—Cathodic Protection Integral Pile—The units were reduced due to the amount of piles that needed the cathodic protection; therefore, based on the unit price,a credit of($16,950.00)will be issued to the contract. Modifications to Pile No. 1 — The existing condition of the pile required additional work including demolition of existing rip rap wall, sidewalk removal for repairs of the undermining and replacement of existing sidewalk. The total increase in this line item is$9,667.00. Modification to the East Pile —The eastern portion of the existing wall was designed differently than the other piles within this system. This required a revised design including the installation of soil anchors, specialized marine equipment and an additional support beam to correct this existing condition. The total increase for this item is$57,395.42 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 May 25,2018 Page 2 Aventura Police—The City of Aventura requested off duty police be used during lane closures for the concrete pours. This was not included in the original contract documents. This required an increase in the contract of$5,520.00. Modifications to previously approved Change Order No. 1 (Attached) was for the installation of fencing to protect the pedestrian traffic that were not following the detour setup. The maintenance for the fence exceeded the original negotiated amount that was reduced under change order no 1, due to several wind storms and removal/replacement during the construction process. The total increase in this line item is$6,307.00. There is a time increase of seventy-five (75) calendar days for the above additional work. The Final Completion Date of the project is now scheduled for August 19, 2018. 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$394,829.42 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 N:\clericaPVOBS\2001\01-0103-CityOfAventura\01-0103 City ProjectA01-0103-212_NE 183rd St & NE 213th St Seawalls Construction Phase\NE 183rd Street\Change Order\Itcton,ei.S.25.2018.doc Kiewit April 28,2018 KISC-COA-002 Craven Thompson& Associates 3563 NW 53n1 Street Fort Lauderdale,FL 33309 Attn: Don A.Shaver Project: N.E. 183'4 St.Seawall Repairs Bid Number 17-0405-2 Subject: Change Order 1/2 Increase in Quantities/Work on East Wall Mr. Shaver: As discussed over the telephone on April,26 2018,Kiewit Infrastructure South Co.("KISC")has completed its final projection of quantities for the mferenced project and has determined there to be a significant increase. In addition the 5 concrete piles located along the eastern wall of the project are unlike others within the project and will require special attention. As such,KISC has completed a takeoff and determined this work to consist of the following: I.) Bid Item 101-Full Depth Concrete Cap Replacement: The current bid quantity associated with this work is 330CF while the forecasted final quantity is 742 CF which increases the contract value for this item as such:$750.00/CF x 412CF- $309,000.00. While KISC has reduced the around of chipping around the top of this pile during repairs,existing concrete conditions did have a considerable effect on this increase. 2.) Bid Item 105 --Pile Reinforcing:The current bid quantity associated with this work is 6 Tons while the forecasted final quantity is 7.2 Tons which increases the contract value for this item as such:$2,000.00 x 1.2Tons=$2.400.00. 3.) Bid Item 106—Pile Concrete pour:The current bid quantity associated with this work is 1393CF while the forecasted final quantity is approximately I,700CF which increases the contract value for this item as such:$70.00/CF x 307CF=$21,490.00. The main reason this bid item has increase was due to the existing condition of the pile and amount removed during the demolition operations. 4.) Additional Work Associated with Change Order#I —Installation of Fencing: During the negotiations regarding the installation of fencing to protect pedestrians during the demolition operations,KISC and Craven Thompson&Associates agreed to reduce the labor associated with this work in half and track its progress through the project. As the original estimate included 178MHs associated with this work and was cut to 89M Hs during this negotiation, KISC has absorbed costs above the 178MHs at this time; however, KISC is only seeking compensation for the costs up to its original estimate. This would increase this item from the approximate 89MHs to 178MHs which is a total of$6,307.00. 5.) Modifications to Pile NI: Within pile#1, KISC found the existing conditions to require additional work including the demolition of existing retaining wall concrete bags,demolition of existing sidewalk, repairs due to undermining of existing sidewalk and replacement of existing sidewalk. Backup for this work has been included within the below documents. KISC has approximated the costs associated with this work to be$9,667.00. 6.) Modifications to the East Pile: The eastern portion of the existing wall is designed differently than the other piles within this system. The difference within this section of wall has created the need for a revised design including the installation of soil anchors,specialized marine equipment and an additional support beam at the mid-section of the wall. Backup for this additional work has been included within the below documents. KISC has approximated the costs associated with this work to be$57,395.42. 7.) Additional Police Officers for Lane Closures: Per the request of the City of Aventura off duty police officers have been used during the single lane closures along the project. With this being said,KISC has estimated there to be 2 Officers/Lane Closure x SHRs/Closure x$46.00/Hour x 12 Total KIEWIT INFRASTRU('IY1a1:soirrll l fl. 1580 S wgrm(bgnraIe Parkway.Suite 11111 Suns,FI trm 19111/115.222x Ati INlial l)nlnamliIY FiupltYer Closures:$5,520.00. Any costs associated with this work will be submitted on the final payment request along with the appropriate invoices. 8.) Bid Item 108 Cathodic Protection Integral Pile Jacket: The current bid item for this work includes a total of 660LF of jackets to be installed;however the total amount of jackets is approximated to be 630LF. The total reduction of costs associated with this is$565.00/LF x 30LF--$16,950.00 In total these additional costs amount to be$394,829.42. Per KISC's Contract,it was allotted 240 calendar days starting October 9,2018 to complete the project. It is understood the remaining work associated the repairs on the eastern section of this wall will require approval prior to proceeding with this work. As such, KISC is requesting the final substantial completion for this work to be July 20,2018 with the final completion of August 19.2018;a 75 calendar day time frame extension from the original final completion date of June 5,2018 If you have any questions regarding this matter,please contact me at(301)740-4483 or at jcl I Jill; .0 w 1,1c‘‘M rami. Sincerely, M Jeff cull v Project M Cc: Job File Page 3 of 3 CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO.1 CONTRACT NUMBER IFB 17-04-05-2 DATE 11/09/2017 • PROJECT TITLE:N.E 183rd Street Seawall Restoration Project PROJECT CONTRACTOR: NIew&Infrastructure South Co. COST:$16,870.74 BUDGET UNE ITEM:410-5401-5384306 DESCRIPTION OF CHANGES: After monitoring the pedestrians not following the approved pedestrian maintenance oftraffic plan submitted itwas determined to add temporaryfencingalong the work zone toallow for pedestrian that do not follow the detour to walk along the edge of the construction zone for the duration of the project limits,total Increase will be$16,870.74 and no change M Contract Time. Original Contract: $1043,680.00 Total Previous Change Orders: 0 This Change Order: $ 16 670 74 Revised Contract Amount $1,060,530.74 Total Change Orders to Date: 1 Contract Amount Before This Change: $1,043,680.00 Total Change In Contract Period: 0 Calendar Days The sum of$16.870,74 Is hereby added to the Contract price,and the total adjusted Contract price to date thereby Is $1.060.530.74.The time provided for completion of the Contract will be not change calendar days.This document shall become an amendment to the Contact and all provisions of the Contract will apply thereto. Recommended b/(' /f" S L ' CPI �C7onsultant �o Date Recommended by (,vr�+-rte: '7 • 3 e'+�^ t1 t, I ri Capital Projects Manager Date Recommended for Budgetary Purposes: nance Sun. Director D Approved by Ct, '%ana�: Accepted by J _.. ////s// 7 1 Contractor W -� D to CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manager,Cie i DATE: June 6, 2018 1 SUBJECT: Resolution Concerning City's Claim for Attorney's Fees in WIPOA vs. City Litigation June 12, 2018 City Commission Meeting Agenda Item SF Recommendation It is recommended that the City Commission approve the attached Resolution concerning the City's 57.105, F.S., claim for attorney's fees in the WIPOA litigation and authorizing the acceptance of funds from the responsible parties. Background The City Attorney has drafted the proposed Resolution enabling the City to obtain recovery of$200,000 of attorney fees as described in the Resolution. If this Resolution is adopted, and the described payments are made to the City, it will amicably conclude and finally and fully resolve the City's recovery of court costs and attorney fees concerning the WIPOA litigation. If you have any questions, please feel free to contact me or City Attorneys Matthew Mandel and David Wolpin. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES, CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA, ET AL, CIRCUIT COURT CASE NO. 13-15004, IN WHICH LITIGATION THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 23, 2013, the Williams Island Property Owners Association (WIPOA) filed a lawsuit (to-wit: Williams Island Property Owners Association, Inc., vs. City of Aventura, et al, Circuit Court Case No. 13- 15004) (the"Litigation")against the City of Aventura, in an attempt to attack the City's recognition of the developer's vested rights for the development of the Prive multifamily development on the North Island, as described in the Vested Rights Agreement which was recorded in the Official Records of Miami-Dade County,Florida on January 23, 2006; and WHEREAS,during the course of the Litigation, the City timely invoked the attorney fee recovery provisions of Section 57.105, F.S.; and WHEREAS,by Order issued in its favor on July 27,2017,the City of Aventura's motion for summary judgment was granted, upon the Court finding that the challenge to the Vested Rights Agreement was barred by the five (5) year statute of limitations; and WHEREAS, the City has timely filed its Motion for Attorney Fees in accordance with Section 57.105, F.S.; and WHEREAS,the responsible parties desire to amicably resolve and satisfy the City's claim for attorney fees as provided in the attached Joint Settlement Agreement(the"Agreement"); and WHEREAS,the City Commission,upon advice of the City Attorney,desires to accept the respective payment of funds from WIPOA and from WIPOA's legal counsel that initiated and maintained the litigation, in satisfaction of City's claim for attorney fees, as described in the Agreement; and WHEREAS,the City Commission finds that the adoption of this Resolution is in the best interest of the City and of the residents of the City. City of Aventura Resolution No. 2018- NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,FLORIDA: Section 1. Recitals. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Settlement of City's Attorney Fee Claims. That the City Commission hereby accepts the proposed settlement of the City's claims for attorney fees, and approves the attached Agreement,in substantially the form attached hereto,and authorizes the City Manager to execute the Agreement on behalf of the City,once approved by the City Attorney as to form and legal sufficiency. Section 3. Implementation. That the City Manager and City Attorney are hereby authorized to take any and all actions which are necessary to implement this Resolution and the Agreement. Section 4. Effective Date. That 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 Marc Narotsky Commissioner Robert Shelley Absent,did not participate Commissioner Howard Weinberg _ Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED THIS 121h day of June, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH,MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 JOINT SETTLEMENT AGREEMENT This Joint Settlement Agreement is made and entered into this 12°' day of June 2018 ("Agreement") and sets forth the terms and conditions upon which the City of Aventura (the "City"), Williams Island Property Owners' Association, Inc. ("WIPOA"),and Michael L. Hyman, Esq., and Siegfried, Rivera, Hyman, Lerner, Dc La Torre, Mars & Sobel, P.A. (collectively, "Siegfried Rivera"), agree to a full and complete resolution and settlement as to all monies being sought by the City against WIPOA and Siegfried Rivera pursuant to the City's Motion for Attorneys' Fees under Section 57.105, Florida Statutes(the"Motion"),in Case No.: 13-15004 CA 09,pending in the Circuit Court of the 1 la'Judicial Circuit in and for Miami-Dade County,Florida (the"Litigation"). Collectively,the City, WIPOA,and Siegfried Rivera may from time to time be referred to as the "Parties." The Parties agree as follows: 1. The Parties represent and warrant they are in good standing or otherwise sui juris, have the authority and ability to enter into this Agreement, and that doing so is not ultra vires or in conflict with their governing articles of organization, articles of incorporation, bylaws, charter, statutes, rules or regulations. 2. This Agreement is entered into without the admission of guilt or liability by any Party. 3. WIPOA and Siegfried Rivera expressly deny any liability to the City for any amounts claimed by the City in the Litigation. 4. WIPOA agrees to pay to the City the sum of One Hundred Twenty-Five Thousand Dollars ($125,000) (the"WIPOA Payment") upon the Agreement becoming effective as set forth and pursuant to Paragraph 6. 5. Siegfried Rivera is desirous of making a contribution in the amount of Seventy- Joint Settlement Agreement Page 2 Five Thousand U.S. Dollars($75,000)to the City for the City's charter high school("the Siegfried Payment")consistent with Siegfried Rivera's long-standing support for similar Charter Schools in Miami-Dade County,Florida,upon the Agreement becoming effective as set forth and pursuant to Paragraph 6. 6. Upon the execution of the Agreement by the Parties, including as to the City pursuant to the requirements of Paragraph 14 of the Agreement, the Agreement shall become effective,at which time, WIPOA will file allotice of Voluntary Dismissal with Prejudice as to the Litigation, and the City shall file a Notice of Withdrawal of the Motion with Prejudice and agrees that it will not seek any further recourse whatsoever against WIPOA and Siegfried Rivera and WIPOA and Siegfried Rivera agree to make the WIPOA Payment and the Siegfried Payment, respectively, in MI by no later than June 29,2018. 7. No copy of this Agreement shall be filed in this Litigation except that this Agreement may be filed with the Court in any action or motion to enforce the terms of this Agreement. 8. This Agreement shall be governed by,enforced under,and construed in accordance with the laws of the State of Florida, and the Parties specifically agree that the courts of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, shall be the sole venue for the resolution of any and all disputes and actions arising out of or related to this Agreement,and further agree that the Court shall retain jurisdiction for the enforcement of this Agreement and its terms. 9. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same document. This Agreement may also be executed by way of facsimile or e-mail transmitted documents in lieu of original signatures and a signed copy produced by facsimile or e-mail transmission shall be binding upon all Parties as an original and fully admissible in any legal proceeding regarding this Joint Settlement Agreement Page 3 Agreement, notwithstanding the best evidence rule or any similar rule. Each of the Parties executing this Agreement further acknowledges that said Party's signature that is affixed to this Agreement is a valid and effectual electronic signature, as defined by Sec. 668.003(4), Florida Statutes;and that,as provided by Sec.668.004, Florida Statutes,each of said signatures shall have the same force and effect as a written signature. 10. This Agreement sets forth the complete and entire agreement by and between the parties and shall only be modified by written instrument executed by the Parties and dated subsequent to the date of this Agreement. None of the Parties have relied upon any oral representations of any other party in entering into the Agreement, and all Parties have been afforded the opportunity to consult with(and have consulted with) counsel of their choice prior to executing this Agreement. 11. Upon the City's receipt of the payment and contribution set forth in Paragraphs 4 and 5, this Agreement shall operate as a General Release between and among the Parties with respect to all claims that were made or could have been made in the Litigation. 12. Should it become necessary for counsel to be retained for the purposes of enforcing or defending any rights afforded to any Party to this Agreement, including contesting, disputing, seeking declaratory hearing or litigation, concerning any of the terms or provisions of this Agreement,the prevailing party shall be entitled to recover all reasonable costs and attorneys' fees incurred. 13. Any individual(s) executing this Agreement in a representative capacity hereby represents and warrants that he/she has the necessary authority to execute this Agreement on behalf of the entity for which he/she is signing, and has the authority to bind that entity to the terms hereof. 14. This Agreement is contingent upon the approval by the City Commission during a Joint Settlement Agreement Page 4 properly noticed public meeting, and shall be in full force and effect once approved by the City Commission and executed by the City Manager. Should the City Commission not approve the Agreement set forth herein, the terms of this Agreement shall be deemed null and void, and the Parties are restored to the same positions they were in as of June 6,2018. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first written above. WITNESS: WIPOA By: Print Name: Title: SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA TORRE, MARS & SOBEL, P.A. By: Print Name: Title: _ MICHAEL L. HYMAN, ESQ. By: CITY OF AVENTURA ATTEST: By: Susan Grant, City Manager CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Susan Grant , City Manage '`it BY: Joanne Carr, Al P Community Development Director DATE: April 26, 2018 SUBJECT: Application to Amend Section 31-143(f)(3)b. of the Land Development Regulations to amend the sun shadow provision (01-LDR-18) May 1, 2018 Local Planning Agency Agenda Item 9 May 1, 2018 City Commission Meeting Agenda Item June 12, 2018 City Commission Meeting Agenda Item a - RECOMMENDATION As discussed at the City Commission workshop meeting of March 15, 2018, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Section 31-143(f), "Multifamily High Density Residential Districts (RMF4)" of the Land Development Regulations to exempt shadows created by the sun on December 21 at 12:00 noon that fall on public or private waterways and docks. THE REQUEST The applicant, YCM Acquisitions LLC is requesting an amendment to Section 31- 143(f)(3)b. of the Land Development Regulations to exempt sun shadows for buildings that exceed 100 feet in height that fall on public or private waterways and docks. This request is to facilitate redevelopment of its property located in the Multifamily High Density Residential (RMF4) District. The applicant's letter of intent is attached as Exhibit#1. BACKGROUND Section 31-143(f)(3) of the City Code contains the site development criteria for buildings in the Multifamily High Density Residential (RMF4) District. Section 31-143(f)(3)b. provides that each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) will not fall on any adjacent property except for public rights of way. Shadow studies are to be provided to the Community Development Department for review. The intent of this code provision is to protect adjacent owner's enjoyment of their property free from shadow. The longest shadow is cast in the northern hemisphere on December 21 at 12:00 noon. Currently exempted from this restriction are shadows cast on public rights of way. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Multifamily High Density Residential (RMF4) District follows in underlined text: Section 31-143(f) Multifamily High Density (RMF4) District. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes, townhouses, low-and mid-rise [apartments]: As required in the RMF3 and RMF3A Zoning Districts. 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes: Two stories or 25 feet. 2. Townhouses: Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) will not fall on any adjacent property except for public road rights- of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. 2 ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan as it will facilitate the type of residential development contemplated by the Medium High Density land use designation described in the Future Land Use Element of the City's Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve development or redevelopment of a property within the Multifamily High Density Residential District. 3 -01 BERCOW RADELL FEERNANDEZ & LARKIN ZONING, LAND USE ANO ENVIRONMENTAL LAW DIRECT LINE:305-3776238 E-MAIL: mmalrero®brzoninglaw.com VIA FACSIMLE AND E-MAIL April 5,2018 Ms.Joanne Carr Community Development Director City of Aventura 19200 West Country Club Drive,4th Floor Aventura,Florida 33180 Re: Land Development Code Amendment Regarding Shadow Study Dear Joanne: This law firm represents YCM Acquisitions, LLC (the "Applicant"), with regard to an application to amend the City of Aventura Land Development Code to provide for additional clarifications regarding the shadow study requirement in the RMF4 Zoning District,as follows:. "Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) will not fall on any adjacent property except for public road rights-of-way public or private waterways and docks, Shadow studies shall be provided to the Community Development Department" While this section of the code is intended to protect the resident's enjoyment of their yards, balconies and common areas, the language provides virtually no exceptions and currently prohibits and any new building shadow to be cast on private waterways and docks on those waterways. This language adds these exceptions to the existing exception of"public road rights-of-way." Section 31-77(g) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to the SOUTHEAST RNANOML DENIER•200 BO1nH B6OAYNE BOULEVARD,SUITE ISO•MANE, f1DWM surf PHONE.805,374.3300•F .303.371.2232•W W W.B109OMNOt AW.COM Ms. Joanne Carr April 5, 2018 Page 2 text of the City's Land Development Regulations (the "LDRs"). The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is legally required. In order for the Property to be developed as discussed with staff and the City Commission, the proposed amendment to the LDRs must be approved and is thus required. (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed changes are consistent with the goals and objectives of the Comprehensive Plan. The approval of the amendment would in fact permit the development of the Applicant's property exactly as contemplated by the comprehensive plan. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDRs, as described in Section 31-2 of the City Code. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment certainly furthers the orderly development of the City. Currently, the Property remains underdeveloped and the Applicant is proposing a project which will meet the requirements and goals of the RMF4 Zoning District. (5) The proposed amendment improves the administration or execution of the development process. Since the use being proposed is consistent with the goals and objectives of the RMF4 Zoning District and High Density Residential Land Use category, the approval of the amendment will improve the administration or execution of the development process. BERCOW RADELL FHRNANDEZ S LARKIN ZONING, LAND VSE ANO ENVIRONMENTAL LAW Ms.Joanne Carr April 5, 2018 Page 3 For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at(305)377-6238. Sincerely yours, Michael J. Marrero BERCOW RADELL FRe NANDEZ & LARKIN ZONING. LANG Lisa ANO HNVIRONMONTAL \.A APPLICANT REPRESENTATIVE AFFIDAVIT two_ Pursuant b&dice 31.71(bl(720 of the City of Maniere Land Development Code,HIS Applicant Represenlovva MUM is hereby made and submitted. The application,ereu the amoTMep ed mdzed represenletae of the Individual or alb th ally smarm e Development Perot Male Identified In IS accompanying property aubed to Ma appyoebon(if diem:Meereby MN and identifies all persons represnng the indviduel or may applying for he Development Penh in connection Mt the appfc&in,n foamy • • Name Relationship ere Adomen,Amhanas Landscape Architects Engines,LobbynMS Etc) h /PIleh / Marrtr0 _ -I ttorr 3eC-fres iSercow tor/ ey (Mach Amens Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AHD THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31-71(8)l2l(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPL.CAIION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES IN/CORRREC^TT OR INCOMPLETE. WITNESS MY THIS - DAY OF Preti deae Ol� AUTHORIZED RE:. -,T jE OF APPLICANT: 1 OWNER•NefrT tsiSi+MrTLl.— nL B . / LL•r� BY:_e 1.4. .._.H— _ Nemo la et Nl c rrer s Name:_ ( 7ueJ MM►10 A.Ron** A Pam/ (FItQ Authorized Signatory Gee PTiTa r rr4y Title: FL- Address: aUA S . I$5 ccoyru �Iv<Ir en I945e/ W.C..ausrFvq Nub,loth Ft M P r.,„, ft g;I? ) Avertkuro.1 f1-831St? r STATE OF FLORIDA ) COUNTY OF MIAMIDADE) F,``,I, Before me the undersigned authority penonegy appeared IMOI I Non) as the • representative of the Applicant and/or the owner of the property subject to the appeoMlun, who being first by jihi • . or Brum Mat he/she macula]Ws Affidavit for the purposes slated therein and that E is we and correct. Aff / naill ,,��TL AFFI. T 1 SWORN TO AND SUBSCRIBED BEFORE ME this Mey&PQla1 2O• P rt Notary Public .- •of F• •.AIL •1 HmW pose able d aadde Printed Name of Notary lit ,c d a 4.1. Aly("p .let FF 207119 My cemMe&al ember_ 9itiJit @,e ri " Denonoae BUSINESS RELATIONSHIP AFFIDAVIT" "1/4M • TNI A fend is made pursuant to Section 31.7t(b)(2Xiii at the Clly of Aventura Lend Development Code, The undersigned AFenl Mmby dacaoeee that (mark wim'X applicable melons only) rat( Affiant doesa have a&einwa RNakonehip oath any member of the City Commiabn Or any Cary AM4ay Board b v.MM IM appticatbn Mil be presented. ( )2. AMwnt hereby discloses Ileal it Boas have a Bislness RdMlonehip WN a member d Me City Commeeun or a City Advisor Board to Wick the:imitation will be presented.as folau (List name of Commissioner or Adam), Board Member) who serves n the (List City Commission or City AdMsay Board upon which member serves). the nature of the Business Relationship is as fellows: • III. Member d City Commission a Board holds n ownrshie beast b excess d l%d kW easels or caplWabck of Applicant or Representative: • I ii. Member of Cay Commission or Bard b a pees,mehwelwader(an to shares of a wrporaticn which are nos ROM on any nalbnat or regional stack exchange)a Kim venturer with the Applicant or Representative In any • business velure; .. iii. The Applicant or Repwanlative is a Chant d a member of Me City Commission or Board a a C1enl Cl another protessinm waking from the sena Ske or for the same emplger as the member of the City Comnhsbn a Board; I I W. A Cily Commissioner or Bord mempr is a Client Cl the Applicant a Representative: I)v The Applicant or Representative e a Curare d the member d the CM Commasebn Or Board for r his a her employer)and transacts more Thal$10,0210.00 of IM cosiness d the member of the City CornmeNan of Board(a his or her employer)in a given calendar year; in. The member of the City Commission or Board is a Goatee(of the Applicant or RepreaenatSe and transact mere than$26,030,00 ol the business of Ibe Appibant or Repreentaive in a given calender year. WITNESS MY HAND THIS DAY OF Ivan' 20ypy APP - ' - By: (rosea) Nora M c. - rre r (FOP) Tills .r fn (µM) .G WITNESS MY HAND THIS�5 DAY OF PC'p✓kl ,2pay PROPERTY OWNER Ve.B4 ora..i 5141 on I�K� BY: r)r-- C.—v�� (SVnav/e) Name Mal°au Retains/ as—Natal (powTele. Aanhattaia ensa.tao,.ry, 'The farms &5111855 RNnbnsMp.."Urias' tusronav,' Yygakam.' 'Rapesemnive"end Interested Person'ere fl new a, Section 2.705 of lee Avemwa City Code. Notary Block to Business Relationship Affidavit STATE OF FLORIDA :ss COUNTY OF MIAMI-DADE ,.,fY1 The foregoing was sworn to and acknowledged before me this o? day of April, 2018 by Mario A. Romine, acting in his capacity as Authorized Signatory on behalf of YCM Acquisition LLC, a Florida limited liability company, on behalf of said limited liability company, who is personally known to me or who has produced the following identification BONNEY on �/�:'" IE CuBONN nYFF95fl5<0 [s W's My Comms.:.; on CrVu es February 10. 2020 Notary Public, S of Florida My commission expires: WITNESS MY HAND THISn DAY OF r'Yy 1k 2028 REPRE t t :TINE:.. ,led on Business Relationship Affidavit) By: ii/� �� fSgnnureJ BY: f5gnauue Name: 41 c ,e t4e7f 'U Name: (Pried Title:8. mAt. a `r.4 (Para) Tale: print) By: IFS&p (Signature) By: (Signature Name:_ a re , r3err ed.(PenO Name: (Print) TIAe;fdl . at (Pynit) Plle: (Wa) BY— (Signature) By: (Signature Name: Pint) Name: (Rind Tile (Print) Title: Rion By: (Signature) By: (Sgnalure Title: (Print) Title: (Print Title: (Print) Tike (Print) By: /Signature) By: (Signature TIN' (Ped eke_ (Frit Tile: (Pond Title:_ (Pant) By: (Signature) By: (Signature • Title: (Pint) Tele (Print) nue: "rand Title: (Find I 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.3141(bg2)(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. STATE aFLOMOA ) NOTARIZATION PROVISION CCUNIY Cf MIAMI-DADE) Sabre me.Me undersigned MWNg permWy appeared Irl ICA'e+ Isle ten Me A8en1.aro rfinl by me duly sown.aE Meer a ear hot lylelle snouted Pus ANSI b lee purposes salad therein end(held n true and correct {,IL AFFI I SWORN TO ANO SUBSCRIBED betaine Ins 1 ' thrid II 206 N.} � , 1 Y Notary RengSNotary Public lea d Florida Nery Public ly�;• ,. ELine- % nP M Coni)%02pFFpylwd Named mission FF ]>t9 My 4'tD(It ymnnnpanelBMei •1 STATE DF FIORD 1 —....._...._._. ' COUNTY ar MNWAADEI Sabo ma menaerylMa4 auffiedlY.Persplaly eppNep (r{fAi 11eY(oHn no... '�: $n,did swear a rerrm MM hYNI. exercawe d Mia Nadal b ba purposes ad Martin and Ihd II 61rue and arreel / 1 Afli SWAMI IDAHO SUBSCRIBED bete me Ma `i dayd. Navy Ram Stewed Florida Nary�epec SWM N�. . .0 Large 7: Diana OS <, My CommisWonff 20]]19 Pnnlatl Ne sucoe ern '1! N1` ...Bxpan oNwM20ie My commission owner 4r4 IaU� STATE OF FLsn COUNTY OF MINM-DADEI Beta me,da wangled euvalry,persofIy appeares _ Oe Arrestwho beNg Mel by me duly sworn,dd swear or anon'hal nNane trawled Mie AMbaul b Me purposes Waled Peron and Md h n W e and crawl. A FFIANT SWORN TO IMO SUBSCRIBED before me Ma day of Wary Rubric Stele ill Ftbe N large Nati lamed Wlary My commission aspires:. _ STATE OF FLORIDA ) COUNTY OF A9AMIAADE) Sate me,Me undersigned euthmly,persnaly appeared _ the Alban!.*no bang Psi by me day swandb sear or affirm that hNMe Moiled Ms ABdenit thaperpmas RNed Dwain end Mali)b Omand mewl AFFIANT SWORN i0 AND SUBSCRIBED bebo no his day of .100_. Notary Pubic Stale of Rand'At Lege Holed Name of Noly My commission ones. ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31- 143(F)(3)B., MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4) DISTRICT, TO ADD PUBLIC OR PRIVATE WATERWAYS AND DOCKS TO THE SUN SHADOW EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, YCM Acquisitions LLC, through Application No. 01- LDR-18, is requesting an amendment to Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the Code of Ordinances ("City Code') to add public or private waterways and docks to the sun shadow exemption in Section 31- 143(f)(3)b.; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-143 of the City Code to add public or private waterways and docks to the sun shadow exemption is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; 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 Local Planning Agency has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interests of the public to amend Section 31-143 of Chapter 31 "Land Development Regulations," as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and City of Aventura Ordinance No. 2018- 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. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Section 31-143 "Residential Zoning Districts" of Article VII "Use Regulations" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows': Sec. 31-143. — Residential Zoning Districts. *** (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts. (1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium-high density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (3) Site development standards. a. Minimum lot area and width: 1. Duplexes, townhouses, low-and mid-rise [apartments]: As required in the RMF3 and RMF3A Zoning Districts. Underlined provisions constitute proposed additions to existing text. Strikethrough provisions constitute proposed deletions to existing text. Page 2 of 5 City of Aventura Ordinance No. 2018-_ 2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. b. Maximum height: 1. Duplexes: Two stories or 25 feet. 2. Townhouses: Three stories or 35 feet. 3. High-rise apartments: 25 stories or 250 feet. Each proposed building or structure which exceeds 100 feet in height shall be designed and situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of 41 degrees) will not fall on any adjacent property except for public road rights-of-way, public or private waterways and docks. Shadow studies shall be provided to the Community Development Department. • 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 renumbered 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. Page 3 of 5 City of Aventura Ordinance No. 2018-_ The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Vice Mayor Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi 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 upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED on first reading this 1st day of May, 2018. PASSED AND ADOPTED on second reading this 12th day of June, 2018. Page 4 of5 City of Aventura Ordinance No. 2018- ENID WEISMAN, MAYOR ATTEST: ELLISA 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 , 2018. Page 5 of5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag= 1 1 II DATE: April 19, 2018 11 SUBJECT: Ordinance Amending Section 36-37 of the City Code, Entitled Time of Hire in the Police Pension Plan First Reading — May 1, 2018 City Commission Meeting Agenda Item e)g Second Reading — June 12, 2018 City Commission Meeting Agenda Item 0 F3 Recommendation It is recommended that the City Commission adopt the attached Ordinance amending Section 36-37 of the City Code, entitled Time of Hire in the Police Pension Plan. Background The City of Aventura established its Police Officers' Retirement Plan ("the Plan") on October 1, 2003. The City currently employs 13 officers who were hired between October 1, 2000 and September 30, 2003, who because of the existing Plan design did not receive pension credit for that time-period. The City and the PBA have had on- going discussions regarding this issue, and have come to an agreement that would allow these impacted members to buy back pension credit at their own expense, as calculated by the Plan's actuary. The payment to the Plan can be made in a lump sum transfer from an eligible retirement plan or through pre-tax installment payments over a period of not to exceed three years. In order to implement this proposed change, a Memorandum of Understanding, amending the existing PBA contract is required in addition to an amendment to the City's Code of Ordinances to reflect the change in the Plan document. The PBA voted on the MOU on April 4, 2018, voting 38-0 in favor. This item was reviewed with the City Commission at the April 19, 2018 workshop and consensus was provided to proceed with the item on the May 1, 2018 Commission meeting. If you have any questions, please feel free to contact me. r , FOSTER & FOSTER May 23, 2018 VIA EMAIL Ms. Lauri Patterson Benefits USA 3810 Inverrary Blvd., Suite 303 Lauderhill, FL 33319 Re: City of Aventura Police Officers' Retirement Plan Dear Lauri: In response to your email dated May 8,2018, we have reviewed the proposed Ordinance amending the plan to allow certain members to purchase credited service. We have determined that its adoption will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results,it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Mr. Steve Bardin Bureau of Local Retirement Systems Municipal Police and Fire Division of Retirement Pension Trust Funds P. O. Box 9000 Division of Retirement Tallahassee, FL 32315-9000 P.O. Box 3010 Tallahassee, FL 32315-3010 The undersigned is familiar with the immediate and long-term aspects of pension valuations, and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions, please let me know. Sincerely, Patrick T. Donlan 13420 Parker Commons Blvd.,Suite 104 Fort Myers,FL 33912•(239)433-5500• Fax(239)481-0634•www.foster-foster.com ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-37 "TIME OF HIRE" TO PROVIDE RULES ALLOWING OFFICERS HIRED BETWEEN OCTOBER 1, 2000 AND SEPTEMBER 30, 2003 TO PURCHASE CREDITED SERVICE UNDER THE CITY OF AVENTURA POLICE OFFICERS' RETIREMENT PLAN FOR THE YEARS OF SERVICE THAT THEY RENDERED TO THE CITY AS POLICE OFFICERS PRIOR TO THE EFFECTIVE DATE OF THE RETIREMENT PLAN; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND 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 Police Benevolent Association have entered into an agreement to permit police officers hired between October 1, 2000 and September 30, 2003, to purchase credited service under the Plan for the years of service that they rendered to the City as police officers prior to October 1, 2003, the effective date of the Plan; and WHEREAS, the City intends hereby to implement said agreement by amending the Plan accordingly; WHEREAS, the City Commission finds that it is in the best interest of the City and its employees to amend the Plan; and WHEREAS, prior to Second Reading of this Ordinance, the City Commission has received, reviewed and considered an actuarial impact statement describing the actual impact of the amendments provided for herein. City of Aventura Ordinance No. 2018-__ 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 36-37, "Time of hire," of the City Code of Ordinances be amended as follows: Sec. 36-37. - [Time of hire.] Employees hired as a City of Aventura Police Officer prior to October 1, 2000 shall be eligible to receive credited service from the initial date of employment as a police officer at the plan's three percent benefit accrual rate, provided the employee transfers all funds from the City 401(a) plan to the defined benefit plan effective October 1, 2003. Employees hired as a City of Aventura Police Officer prior to October 1, 2000 who elect not to transfer all funds from the City 401(a) plan shall only receive prior credited service at a two percent benefit accrual rate. The City shall make no further contributions to the 401(a) plan. Employees hired as a City of Aventura Police Officer on or after October 1, 2000 shall receive credited service effective October 1, 2003 and shall retain all balances to their credit in the 401(a) plan; provided, however, that the City shall make no further contributions to the 401(a) plan. Employees hired as a City of Aventura Police Officer on or after October 1, 2000 shall continue to accrue vesting rights in the 401(a), but the City shall make no additional contributions. Any employee hired on or after October 1, 2000 and prior to October 1, 2003, and named in the Memorandum of Understanding between the City of Aventura and the Police Benevolent Association, dated February 26, 2018 may purchase credited service for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003 as set forth below: a) Said election shall be made in writing no later than August 31, 2018 on a form approved by the Board of Trustees' 'Words in strikeout type are deletions from exist text and word in underline type are additions to existing text. Page 2 of 6 City of Aventura Ordinance No. 2018- b) Subject to Paragraph (4) of Subsection (f) below, prior to the employee's separation from service with the City for any reason the employee shall pay the full actuarial cost of the purchase, as determined by the plan's actuary' c) The employee shall pay in advance any expenses related to the actuarial calculation, as determined by the Board of Trustees d) The payment shall be made by either, or a combination, of the following means: 1) trustee to trustee transfer from an eligible retirement plan or a 457 plan, and 2) installment payments including interest at the plan's actuarially assumed rate of investment return pursuant to an irrevocable payroll deduction authorization as set forth in Subsection (f) below. e) Any years and months of service purchased hereunder shall be treated as credited service within the meaning of Section 36-22 of the retirement plan. f) Installment payments shall be subject to the following conditions: 1) The employee must execute an irrevocable payroll deduction authorization form, specifying the amount of the bi-weekly deductions and the duration of the authorization. The specified amount shall be that determined by the plan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payroll deduction authorization which duration shall not extend beyond the earlier of: A. Three years from the date of the employee's first paycheck after September 30, 2018;and B. The earliest date upon which the employee would become eligible for normal retirement under Section 36- 26. 2L The deducted amounts shall be contributed to the retirement plan and shall be considered employee contributions that are "picked-up" (within the meaning of Section 414(h)(2) of the Internal Revenue Code) by the City. The employee shall not be entitled to any option of directly receiving cash in lieu of the Page 3 of 6 City of Aventura Ordinance No.2018- amounts subject to deduction. Picked-up contributions shall be made from the same source as the payment of salary and wages to the employee' 3) The amount provided in the payroll deduction authorization shall include interest, as calculated by the plan's actuary, at the retirement plan's actuarially assumed rate of return on investments. 4) If, upon the date of the employee's separation from service with the City for any reason, there remains an unpaid balance of the actuarial cost of the purchase, then the employee shall receive years(and fractions thereof)of service credit in accordance with the amount of the cost paid prior to separation. Section 3. 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 4. 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 5. 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 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. Page 4 of 6 City of Aventura Ordinance No. 2018- The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Dr. Marks, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Gladys Mezrahi 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 upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED on first reading this 1st day of May, 2018. PASSED AND ADOPTED on second reading this 12th day of June, 2018. Page 5 of 6 City of Aventura Ordinance No. 2018- END WEISMAN, MAYOR ATTEST: ELLISA HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage IA/ DATE: May 21, 2018 SUBJECT: Resolution Joining the Seawall Coalition June 12, 2018 City Commission Meeting Agenda Item 9 Recommendation It is recommended that the City Commission adopt the attached Resolution joining the Seawall Coalition BACKGROUND At the May 17, 2018 workshop, the City Commission reviewed materials provided by the Seawall Coalition, a nonpartisan group of elected officials, cities, military groups, businesses, and local leaders that have come together to unlock national solutions to sea level rise and flooding. After discussion, the Commission provided consensus to staff to bring the attached resolution to a Commission meeting for formal adoption. SeawalIh COALITION seawallcoalition.org The Seawall Coalition is a nonpartisan group of elected officials, cities, military groups, businesses, and local leaders that have come together to unlock national solutions to sea level rise and flooding. Our coasts are vital to our national interests: U 18+ 47 '''37 O° 125M low-lying major ports Americans military bases What we do • Unite voices in a powerful nonpartisan coalition to advocate for federal funding and better policy • Leverage best-in-class communication tools to engage citizens on sea level rise challenges and solutions Share best practices in a national forum to support local and state-level • responses to sea level rise flooding Seawall Coalition is a member-driven 501(c)(4) nonprofit organization. There are no costs nor legal obligations to join, and members are free to withdraw at any point. Our 4 pillars for solutions to sea level rise and flooding I Economy Rebuilding 'Q Invest in infrastructure and natural Build back stronger to protect solutions that boost the economy communities from future flooding and protect property values by by taking a clear-eyed view of the creating dedicated federal funding risk of sea level rise. 0and incentives for resilience. Communities Military Use smart planning to keep Ensure readiness 365 days a year communities safe and save by giving the military the authority taxpayer dollars by expanding to assess and address the impact pre-disaster mitigation programs of sea level rise on-base and in and adopting resilient standards surrounding communities. for federal spending. Seawall COALITION I .■ mil , , ,,,,4„. ,. i ,*L d.—`, �Jid mow I, , ,ii , yp - -w :d•;. . • - 4. k.,. mi, _ 6 , , , i n inida ,,,, :0 i ION C NATIONAL SOLUTIONS .,, Il TO SEA LEVEL RISE : A -.. 4 ,,,r. AND FLOODING feil. - 1., , ,, i - . i ,,,,k seawallcoalition.org Who we are The Seawall Coalition is a nonpartisan group of elected officials, military groups, nonprofit organizations, businesses, and local leaders that have come together to unlock national solutions to sea level rise and flooding that support coastal and riverfront communities and protect our nation's residents, economy, and military installations. Our mission Protecting our coasts from sea level rise is a national issue that must be met with national solutions - it is vitally important to our country's citizen well-being, economic strength, and security. Our coastal communities are the backbone of our country, home to over 125 million Americans, 37 of the top 50 largest ports in the country, and 18 military installations currently at risk from sea level rise. With effective sea level rise planning our coastal communities can adapt and thrive. Investing in adaptation planning and projects can protect the ports, highways,and runways that drive our economy,creating jobs and economic opportunities for our local communities. But we must act now. The Seawall Coalition advocates for practical national solutions to serve our communities. We support policies that strengthen our economy, invest in our coastal communities, and safeguard our national security. 01 Elected officials Military leaders National - solutions MIEIP Businesses Local leaders Our platform s 0 Invest in infrastructure and natural solutions that boost the economy and protect property values The United States is a maritime nation and our national economy relies on our coastal ports, highways, and other infrastructure that is at risk from sea level rise. We will support states and communities that are investing to make their infrastructure resilient to sea level rise by creating a source of dedicated funding and incentives. This could include adaptation trust funds, revolving loan funds, tax breaks and incentives, and other programs that help drive investment in planning and infrastructure to prevent flood damage. These investments help ensure coastal tourism and property values remain strong while also spurring innovation and creating jobs. Jobs constructing infrastructure will create local em- ployment opportunities that cannot be outsourced. As our communities adapt to sea level rise and flooding, we'll also be able to build new businesses and innovation that we can export, similar to how the Netherlands currently gains about 2% of its GDP through water-related products and services. With smart investment, America can take a leadership role in creating sea level rise solutions and bring this innovation to others around the globe. Policies ► Support communities investing in adaptation through dedicated federal funding and incentives, which could include adaptation trust funds, revolving loan funds, tax breaks and incentives, and other funding programs ► Increase innovation grants for research into flood mitigation technology ► Facilitate the exchange of best practices among coastal communities fit% ... v C" ;Algit aw5 • .• ,.,lam. .1+• . ��1� e Use smart planning to keep communities safe and save taxpayer dollars History demonstrates that proactive protection pays off. Studies have found that for every $1 spent on pre-disaster mitigation we save $4 in disaster relief, along with untold heartache for affected communities.Yet the Federal Emergency Management Agency(FEMA) currently spends only a fraction of 1% of its budget on mitigation, and we have few other federal programs that incentivize these investments. We can invest in proactive protection that saves taxpayer money and protects our coastal communities by hardwiring resilience into federal programs. We support expanding FEMA and the Department of Housing and Urban Development(HUD) pre-disaster mitigation programs and incentivizing resilience through the Department of Transportation and other programs. We can also give communities the flexibility to invest in living shoreline and other natural infrastructure solutions by making the planning and permitting more efficient.To responsibly steward taxpayer dollars, we also need one consistent flood-ready standard for all major federal infrastructure investments so that we're making smart investments in infrastructure that is built to last. To make smart investments,our local communities, businesses,and homeowners also need accurate information on flood risk and reliable FEMA flood maps. Currently,15%of the FEMA flood maps have not been updated since the 1970s or 1980s, and none of the maps include sea level rise. We need to invest in updating the maps and should make sure they include past and projected sea level rise so we can plan responsibly. Policies ► Increase pre-disaster mitigation funding across agencies ► Adopt federal minimum standards for building and apply these standards to all major federal investments ► Update FEMA flood maps to reflect current data and include sea level rise projections ► Support efficient planning and permitting for living shorelines, including working with the Army Corps to expand the new living shoreline permit category to incorporate a broader range of nature-based sea level rise solutions \\\ 1 f: :Ai \1 0 Build back stronger to protect communities from future flooding When disaster strikes and the national government spends billions to rebuild, we need to build back stronger so our communities can withstand future flooding and do not keep drawing on taxpayer dollars to rebuild again and again. By creating federal standards for rebuilding that take a clear-eyed view of future risk, we can keep our citizens safe and prevent wasteful spending. We can also improve HUD, FEMA, and Small Business Administration (SBA) programs so that they allow and incentivize rebuilding to higher standards. Policies ► Create federal resilience standards for rebuilding after hurricanes and flood damage ► Issue guidance from HUD on how the Community Development Block Grant program can be used to encourage adaptive rebuilding ► Have FEMA authorize modifications and mitigation measures to support adaptation of damaged facilities with Public Assistance funding ► Promote additional studies that evaluate high-risk areas to identify and authorize projects that will be ready for immediate federal funding under emergency congressional authorizations ► Allow the SBA Disaster Loan Program to incentivize resilient construction +-. -�+rte ; '':•. ..r „1 �� "' 1t �X- • 0 Ensure our military installations are ready to deploy 365 days a year Many of our military facilities have tidal flooding 50 times per year, and over a dozen of these installations are on track to face flooding 100 times per year by 2050. This puts our national security and military readiness at risk. Some installations are already taking action to protect against sea level rise, but we need coordinated national action to ensure all our military installations are prepared for the future. We need the Department of Defense (DOD) to strategically prioritize adaptation plans for our installations and study the effects of sea level rise on our military readiness. Even when military installations are prepared, flooded roads leading to them can hinder servicepeople from reaching their installations to conduct their missions. The military needs more flexibility to invest in projects outside our installations to make sure servicepeople can deploy quickly to keep our country safe. Policies ► Give the DOD the needed authority to assess the impact of sea level rise and flooding on our military installations, create adaptation plans, and commence critical projects to protect our installations and maintain readiness ► Allow military services the authority to access their mission and operational funds to address sea level rise and flooding issues that directly affect their mission (e.g. roads onto installations, power grids) Member benefits A strong platform to advocate as part of a nonpartisan group for national solutions V to sea level rise and flooding that invest in and protect our coastal communities A forum for best practices and support in developing local and state-level lie responses to sea level rise flooding 41CeiSpir Opportunities and tools to communicate with residents on sea level rise challenges irgWik and solutions, including media opportunities if you're interested Learn more at seawallcoalition.org SeawaIk COALITION Members Congress Rep.Carlos0 Rep.Brian Mast Rep.Garret Graves Rep.Donald Curbelo(R,FL-26) (R,FL-18) Cil (R,LA-6) McEachin 1 S ld ,/ (D,VA-4) Rep.Seth Moulton de Rep.Jimmy Panetta Rep.Mark Sanford Rep.Scott Taylor (D,MA-6) ! (D,CA-20) r. (R,SC 1) Ito (R,VA-2) ilf CT Florida Jim Cason, Tomas Regalado, M Commissioner Coral Gables, Y Mayor of Coral Gables ti Mayor of Miami Ken Russell,Miami Florida �i (2011-2017) a (2009-2017) { ° Delray Beach, Ft.Lauderdale, St.Petersburg, Surfside, g9, � Florida ® Florida Florida 0 Florida Sunny Isles Beach,pempanoMel Meinhardt r vilt Beach,Florida Florida Founder, ---— Flood Shield Virginia c;i1 John F.Reinhart, ® Hampton Roads - - Virginia Maritime State Del. CEO,Virginia Military and VIRGINIA Association Robert Bloxom MARITIME %:`) Port Authority ® Federal Facilities (R,VA-100) Alliance State Del. Sherri Goodman,Fmr. State Del. State Del. Emily Brewer Deputy Undersecretary Gordon Helsel Mark Keam (R,VA-64) of Defense (R,VA-91) (D,VA-35) icita State Sen. State Del. State Sen. State Sen. Monty Mason Jason Miyares y,_ Lynwood Lewis Mamie Locke (D,VA-1) (R,VA-82) (D,VA-6) (D.VA-2) State Del. State Del. State Sen.Frank Col.Paul Olsen,Fmr. " t Chris Stolle •< Ron Villanueva Wagner(R,VA-7) Cmdr.,Norfolk Dist., (R,VA-83) ti (R,VA-21; iMIj USACE(Ret.) 2010-2018) (41) Rear Adm.David Architzel(Ret.), Norfolk MEDAC South Carolina Groundswell! Councilmember Charleston,SC EC Mike Seekings pIrri (D,SC-18) RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, JOINING THE SEAWALL COALITION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") is committed to protecting its community from sea level rise and related flooding and is working with local and regional partners to build the City's resiliency and to develop mitigation strategies to address sea level rise; and WHEREAS, sea level rise poses a unique threat to all of Florida, given the limestone bedrock beneath the majority of the state, which allows rising sea water to infiltrate sewage systems and threaten groundwater supplies via salt water intrusion; and WHEREAS, it is reported that sea level rise has risen eight inches since 1950 and its speed has increased threefold in recent years, with scientific projections forecasting another eight inches of sea level rise in the next 20 years; and WHEREAS, sea level rise of just four inches in the last 10 years has increased flooding state-wide; and WHEREAS, proactively investing to prevent flooding is a wiser use of resources than spending on flood recovery, as exemplified by FEMA research establishing that $1 spent on disaster prevention saves $4 in recovery costs; and WHEREAS, national coordination and support are necessary for coastal and other communities to fully address the challenge of sea level rise and related flooding; and WHEREAS, the Seawall Coalition (the "Coalition") provides a platform to advocate for national solutions to sea level rise and related flooding that invest in and protect coastal and other impacted communities; and WHEREAS, the Coalition is a non-partisan group of elected officials, military groups, businesses, and community leaders developing best practices as well as national, local and state-level responses to sea level rise and related flooding; and WHEREAS, joining the Coalition will further enhance the City's efforts to protect against sea level rise and related flooding, without requiring any direct financial support or dues payments from the City to the Coalition; and City of Aventura Resolution No. 2018- WHEREAS, the City Commission finds that joining the Coalition will promote and enhance the health, safety and welfare of City residents and ensure the prosperity of the City's economy by accelerating solutions to sea level rise and related flooding; and WHEREAS, the City Commission finds that the adoption of this Resolution is in the best interest of the health, safety and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Joinder. The City, recognizing the need to advance national solutions to sea level rise and its effects, agrees to become a member of the Coalition. The City will work as a member of the Coalition to safeguard the welfare of City residents. Section 3. Implementation. The City Manager is hereby authorized to take all actions necessary to implement this Resolution. Section 4. Transmittal. The City Clerk is hereby directed to transmit a copy of this Resolution to the Coalition. Section 5. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi _ Mayor Enid Weisman _ PASSED AND ADOPTED THIS 12th day of June, 2018. Page 2 of 3 City of Aventura Resolution No.2018- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3