06-11-2019 Regular Commission Meeting Agenda City Manager
City Commission Ronald J.Wasson
.:...
]Enid Weisman,Mayor
Denise Landman,Vice Mayor Citi Clerk
Dr.Linda Marrs,Commissioner ]Elllisa L.Horvath,MMC
Gladys Mezrahi,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 11, 2019
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 7, 2019 Regular Commission Meeting
• May 16, 2019 Regular Commission Workshop Meeting
B. 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.
C. 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 MULTI-AGENCY
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE CITY
OF AVENTURA AND THE MIAMI-DADE COUNTY ISLAND CHIEFS REGIONAL
MOBILE FIELD FORCE UNIT 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.
Aventura City Commission Meeting Agenda
June 11, 2019
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DEDICATING A TWELVE (12) FOOT WIDE EASEMENT TO MIAMI-
DADE WATER AND SEWER DEPARTMENT ON THE DON SOFFER AVENTURA
HIGH SCHOOL SITE; PROVIDING FOR RECORDATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,APPROVING ARTICLES OF INCORPORATION FOR THE CREATION
OF THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING THE SHORT LIST FOR RFQ NO. 19-03-22-2, CITY OF
AVENTURA ENGINEERING&UTILITY LOCATE SERVICES AS PRESENTED BY
THE EVALUATION COMMITTEE CONTAINED IN EXHIBIT "A" AND EXHIBIT
"B" ATTACHED; AUTHORIZING THE CITY MANAGER TO ENTER INTO
NEGOTIATIONS WITH THE EVALUATION COMMITTEE'S TOP CHOICES;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING AMENDING
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION AND THE CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL
ACTIONS NECESSARY TO IMPLEMENT THE MEMORANDUM OF
UNDERSTANDING; 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:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND
TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE
COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36-
22"DEFINITIONS";BY AMENDING SECTION 36-23"ADMINISTRATION OF THE
RETIREMENT PLAN" TO ADDRESS BOARD COMPOSITION; BY AMENDING
SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT
CRITERIA; BY AMENDING SECTION 36-29"VESTING AND TERMINATION"TO
REVISE VESTING CRITERIA; BY AMENDING SECTION 36-35 "DEFERRED
RETIREMENT OPTION PROGRAM" TO REVISE DROP PARTICIPATION;
PROVIDING FOR REPEAL;PROVIDING FOR SEVERABILITY;PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Meeting Agenda
June 11, 2019
8. ORDINANCES-SECOND READING/PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO
PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A
FLORIDA CORPORATION,A NONEXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING, OPERATING AND EXTENDING GAS
LINES IN THE STREETS AND PUBLIC PLACES OF SAID CITY THEREON
AND THEREUNDER;PROVIDING FOR A FRANCHISE FEE;PROVIDING THE
TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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. 2018-07, WHICH ORDINANCE
ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR
2018/2019 (JULY 1 - JUNE 30) BY REVISING THE 2018/2019 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.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS*
*Meeting dates and times are subject to change.Please check the City's website for the most current schedule.
REGULAR COMMISSION WORKSHOP–JUNE 20,2019 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5-FLOOR)
SPECIAL COMMISSION MEETING–JUNE 20,2019 AT 12:00 NOON
EXECUTIVE CONFERENCE ROOM(5-FLOOR)
REGULAR COMMISSION MEETING–JULY 9,2019 AT 6 PM
COMMISSION CHAMBER
COMMISSION MEETING/REGULAR COMMISSION WORKSHOP–JULY 18,2019 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5-FLOOR)
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 City of CITY COMMISSION Aventura Government Center
�y
yREGULAR MEETING MINUTES 19200 W. Country Club Drive
entura MAY 7, 2019 Aventura, Florida 33180
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:01 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner
Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City
Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M.
Wolpin. Commissioner Robert Shelley was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
3. ELECTION OF VICE MAYOR: After nomination by Commissioner Dr. Marks,
seconded by Commissioner Mezrahi and unanimously approved, Commissioner Denise
Landman was elected Vice Mayor, for the next six-month period.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS:
• Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues,
presented Detective Kenneth Sealy with a recognition certificate and token of
appreciation for the completion of 15 years of service with the City. Officer Katina
Rodriguez (20 years) was also recognized, but was not in attendance.
• School Reports: Samuel Ginsberg provided an update for ACES.
6. CONSENT AGENDA: There were no requests from the public to address the
Commission.
A motion to approve the items on the Consent Agenda was offered by Vice Mayor
Landman, seconded by Commissioner Mezrahi, and passed unanimously by roll call
vote. The following action was taken:
A. Minutes approved as follows:
• April 2, 2019 Regular Commission Meeting
• April 11 , 2019 Commission Meeting
• April 11 , 2019 Regular Commission Workshop Meeting
B. Resolution No. 2019-23 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS
OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING
THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO
Aventura City Commission Regular Meeting Minutes
May 7, 2019
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Motion approved as follows:
MOTION TO APPROVE ANNUAL APPROPRIATION FOR SCHOLARSHIP
AWARD TO KROP HIGH SCHOOL STUDENTS.
D. Motion approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $65,000 FOR 28
FOOT FLUID WATERCRAFT 880 POLICE MARINE PATROL VESSEL FROM
THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
E. Resolution No. 2019-24 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER "C" FOR THE AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED
MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE
AVENTURA CHARTER HIGH SCHOOL; 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. Resolution No. 2019-25 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING RFP NO. 19-03-19-2 COMMUNITY
PROGRAMMING SERVICES TO THE YMCA OF SOUTH FLORIDA
PURSUANT TO THE AGREEMENT ATTACHED AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE YMCA OF
SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None.
8. ORDINANCES - FIRST READING — PUBLIC HEARINGS:
Mr. Wolpin read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO
PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A
FLORIDA CORPORATION, A NONEXCLUSIVE FRANCHISE IN THE CITY
Page 2 of 5
Aventura City Commission Regular Meeting Minutes
May 7, 2019
OF AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM TO USE THE
PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF CONSTRUCTING, MAINTAINING, OPERATING AND
EXTENDING GAS LINES IN THE STREETS AND PUBLIC PLACES OF SAID
CITY THEREON AND THEREUNDER; PROVIDING FOR A FRANCHISE FEE;
PROVIDING THE TERMS AND CONDITIONS OF SUCH GRANT;
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
Narotsky and seconded by Commissioner Mezrahi.
Mr. Wasson and Mr. Wolpin reviewed the item.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the ordinance on first reading passed unanimously, by roll
call vote.
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. 2018-07, WHICH ORDINANCE
ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR
2018/2019 (JULY 1 — JUNE 30) BY REVISING THE 2018/2019 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
Dr. Marks and seconded by Commissioner Weinberg.
Mr. Wasson reviewed the item.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the ordinance on first reading passed unanimously, by roll
call vote.
9. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mr. Wolpin read the following Ordinance by title:
Page 3 of 5
I
Aventura City Commission Regular Meeting Minutes
May 7, 2019
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER
31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD
REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY
NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR
STRUCTURES; 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 Vice Mayor Landman and
seconded by Commissioner Mezrahi.
The following provided comments on behalf of the Applicant (Imperial Club, LP):
Michael Marrero, Esq. — Bercow Radell Fernandez & Larkin (200 S. Biscayne Blvd.
#850, Miami, FL).
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. 2019-07 was adopted.
Mayor Weisman suspended the order of the agenda and recognized Senator Jason
Pizzo, who provided an update on the Florida legislative session.
The regular agenda resumed following the update.
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 OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR
2019/2020 (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 Landman and
seconded by Commissioner Mezrahi.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
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Aventura City Commission Regular Meeting Minutes
May 7, 2019
The motion for approval of the ordinance on second reading passed unanimously, by
roll call vote, and Ordinance No. 2019-08 was adopted.
Mr. Wolpin read the following Ordinance by title:
C. CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE
DON SOFFER AVENTURA HIGH SCHOOL:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR
FISCAL YEAR 2019/2020 (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 Dr. Marks and
seconded by Commissioner Narotsky.
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the ordinance on second reading passed unanimously, by
roll call vote, and Ordinance No. 2019-09 was adopted.
10. RESOLUTIONS/PUBLIC HEARINGS: None.
11. REPORTS: None.
12. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public
comments. The following members of the public provided comments: Michael Jacobs
(20875 N.E. 31 Place, Aventura).
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Vice Mayor Landman, seconded by
Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at
6:54 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on June 11, 2019.
Page 5 of 5
'he City of
Aventura CITY COMMISSION Aventura Government Center
WORKSHOP MEETING MINUTES 19200 W.Country Club Drive
MAY 16, 2019 Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor
Denise Landman at 9:05 a.m. The following were present: Mayor Enid Weisman1, Vice
Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys
Mezrahi, Commissioner Marc Narotsky2, Commissioner Robert Shelley, Commissioner
Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and
City Attorney Matthew H. Mandel. As a quorum was determined to be present, the
meeting commenced.
Following consensus of the Commission, the following item was taken out of order:
3. OVERVIEW OF THE MEDICAL OFFICE NORTH DISTRICT (City Manager):
Mr. Wasson explained the interest in development in the Medical Office North District.
Joanne Carr, Community Development Director, reviewed a PowerPoint titled MO
(Medical Office) North District covering the following items: Purpose of the Medical
Office Zoning District, Original Permitted Uses, Original Conditional Uses, Prohibited
Uses, Revisions Since Original 1999 Code to Encourage Development (Added to
Permitted Uses and Added to Conditional Uses), Projects Approved - Not Under
Construction, Projects Recently Completed, Projects Approved - Under Construction,
Medical Office District Property Ownership (Map), Proposed Road Dedications/Road
Closings, Medical Office District Potential Lots, Potential Development Based on
Current MO District Regulations & Road Extension/Closings, and Next Steps. She
explained the preliminary discussions with developers interested in enhancing the area,
but specified that no formal submittal had been received. The percentage of retail,
residential, and non-residential allowed was discussed, as well as items that would
require Commission approval.
The Commission discussed the benefit of extending 213th Street to tie into 214th Street.
Ms. Carr explained the request for the City to abandon N.E. 214th Terrace, but
explained that would also require the approval of all of the property owners.
The following members of the public provided comments: Jeff Bercow, Esq. (Bercow
Radell & Fernandez, 200 S. Biscayne Blvd. Suite 850, Miami), Bernardo Rieber
(Property Owner), Bob Shapiro, Jacki Tako (Property Owner), and Roy Faith (Property
Owner).
City Manager Summary: This item was provided for informational purposes.
Following consensus of the Commission, the following item was taken out of order:
4. DISCUSSION OF PROPOSED ARTICLES OF INCORPORATION FOR THE
CREATION OF THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC.
(City Attorney): Mr. Mandel reviewed the proposed Articles of Incorporation, as
provided in the agenda. The Commission provided direction on several sections, as
Mayor Weisman participated in the meeting via speakerphone until 10:4I a.ni. (during Item 5).
2 Commissioner Narotsky participated in the meeting via speakerphone.
Aventura City Commission
Regular Workshop Meeting Minutes—May 16, 2019
outlined in the summary.
City Manager Summary: It was the consensus of the City Commission to
proceed with a Resolution on the June 11th Commission Meeting Agenda, with the
following changes: Section 5.1 — end the last sentence after the language "safety
enhancements," Section 5.2 — add language providing for advise and input from the
Principal and Commission, Section 6.1 — change language to allow for at least 5 and up
to 7 members, Section 6.3 - clarify language that all appointments are made by the
Commission, Section 6.4 — change language for the goal to be to raise as much funds
as possible, Section 6.5 — clarify language regarding the ability for the Chair and Vice
Chair to serve additional terms, Section 9.2 — reduce the amount of the startup costs to
$5,000.00, and Article XI Dissolution — add language to allow distributing assets to
another 501(c)(3) serving the Aventura community.
2. DISCUSSION OF 2020 CENSUS COMPLETE COUNT COMMITTEE (City
Manager): Mr. Wasson provided opening remarks on the item.
Joanne Carr, Community Development Director, reviewed the memo on the 2020
Census Complete Count Committee, as provided in the agenda, including the following
items: Background of the Census, Proposed Complete Count Committee to Promote
City-Wide Participation in the Census, Previous Census Participation Promotion, and
Application for Census 2020 Complete Count Committee.
City Manager Summary: It was the consensus of the City Commission to
proceed with the Application for the Census 2020 Complete Count Committee, as well
as the invitations to participate, as presented.
5. UPDATE ON MATTER OF THE EQUITABLE DISTRIBUTION OF REVENUE
FROM MIAMI-DADE COUNTY SCHOOL BOARD'S NOVEMBER 6, 2018 TAX
REFERENDUM (City Attorney): Mr. Mandel reviewed the memos and additional items
from the City Attorney's Office as provided in the agenda, clarified that no letter had
been received from the School Board in response to the last letter sent by the City, and
discussed the Commission's available options, including the possibility of having to hire
an outside firm due to a conflict with the City's law firm and the School Board.
Commissioner Landman disclosed that she is employed by Miami-Dade County Public
Schools and discussed the probability of recusing herself from voting on the item at
future meetings.
Mr. Mandel will notify the School Board regarding the process. Commissioner Shelley
will not have any further discussions with the School Board at this time.
The following members of the public provided comments: Jerold Blumstein.
City Manager Summary: It was the consensus of the City Commission to
proceed with placing a resolution on the June 11, 2019 Commission Meeting Agenda, in
accordance with FSS Chapter 164 Governmental Disputes. Additionally, the City
Attorney will provide recommendations for alternate representation, should that be
needed.
Page 2 of 3
Aventura City Commission
Regular Workshop Meeting Minutes—May 16, 2019
6. DISCUSSION OF VACANCY ON POLICE PENSION BOARD (City Manager):
Mr. Wasson discussed the procedure to fill the position previously held by Alan
Greenfield, who recently passed away, and reviewed the application with a submittal
deadline of May 31, 2019.
City Manager Summary: It was the consensus of the City Commission to
proceed with distribution of the application and news release as presented.
The following additional item was discussed:
Following a request and consensus of the Commission, Commissioner Dr. Marks will
participate in the September 10, 2019 Commission Meeting via telephone, due to a
scheduling conflict.
7. ADJOURNMENT: There being no further business to come before the
Commission, the meeting was adjourned by consensus at 10:58 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on June 11, 2019.
Page 3 of 3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
T0: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: May 10, 2019
SUBJECT: Resolution Declaring Equipment Surplus
June 11, 2019 City Commission Meeting Agenda Item _515
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.
RJW/act
Attachment
CC01800-19
RESOLUTION NO. 2019-
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 Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
City of Aventura Resolution No. 2019-_
PASSED AND ADOPTED this 11th day of June, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Bryan Pegues, Chief of Police
SUBJECT: Surplus Property— Boat Trailer
DATE: May 9, 2019
I would like to have the listed item, owned by the City of Aventura, declared Surplus
Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as this item
has become inadequate for public purposes:
2010 1ZJBB262XBM071451 SeaArk Continental Trailer
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Karen J. Lanke, Information Techpology Director
DATE: June 5, 2019
SUBJECT: Surplus Computer Equipment -ACES
I am requesting that the computer related equipment listed on the attached be declared
surplus property as the equipment no longer meets the needs of the Aventura City of
Excellence School (ACES).
Please let me know if you have any questions regarding this request.
Attachment
Cc: Julie Alm, Principal
City of Aventura
ACES Computer Equipment Inventory
Brand Model Qty. Serial Number Type
APC BK650MUS 1 GB0306161888 UPS
Barracuda Link Balancer 330 1 239500 Appliance
Barracuda Webfilter410 1 455478 _ Appliance
Barracuda Webfilter 410 . 1 507094 Appliance
Brother HL-3070CW 1 U62234H9J133455 Printer
Brother IntelliFAX 4750E 1 U60283F5J288121 IntelliFax
Cisco 2600 1 JMX0724L5U0 Router
Cisco Catalyst 2960-S 1 CAT0832Y3OX Switch
Cisco Catalyst 2960-S 1 FOC1520Y5NR Switch
Cisco Catalyst 2960-S 1 FOC1520Z3EP Switch
Cisco Catalyst 2960-S. 1 FOC1525YOOH Switch
Cisco Catalyst 2960-S 1 FOC1527X5EW Switch
Dell Covers for 7010 units 1 Box N/A 1 Box
Dell Latitude 3450 1 144NY32 Laptop
Dell Latitude 3450 1 154NY32 Laptop
Dell Latitude 3450 1 2N9NY32 Laptop
Dell Latitude 3450 1 374NY32 Laptop
Dell Latitude 3450 1 3P9NY32 Laptop.
Dell Latitude 3450 1 3XVNY32 Laptop
Dell Latitude 3450 1 4XVNY32 Laptop
Dell Latitude 3450 1 5XD7042 Laptop
Dell Latitude 3450 1 6P9NY32 Laptop
Dell Latitude 3450 1 6Z9NY32 Laptop
Dell Latitude 3450 1 8XD7042 Laptop
Dell Latitude 3450 1 934NY32 Laptop_.
Dell Latitude 3450 1 9Q9NY32 Laptop
Dell Latitude 3450 1 674NY32 Laptop
Dell Latitude 3450 1 DGL7042 , Laptop
Dell Latitude 3450 1 DM9NY32 Laptop
Dell Latitude 3450 1 DS9NY32 . . . Laptop
Dell Latitude 3450 1 FKHNY32 Laptop
Dell Latitude3450 1 FP9NY32 Laptop
Dell Latitude 3450 1 GR9NY32 Laptop
_ Dell Latitude 3450 1 H24NY32 Laptop
Dell Latitude 3450 1 JM9NY32 Laptop
Dell Latitude E5440 1 8M7LG12 Laptop
Dell OptiPlex 7010 1 2G63Y12 Desktop
Dell OptiPlex 7010 1 2G64Y12 Desktop __-
Dell OptiPlex 7010 1 2G6ZX12 Desktop
Dell _ OptiPlex 7010 1 _ 2G72Y12 Desktop _..
Dell OptiPlex7010 1 2G73Y12 Desktop
Dell OptiPlex 7010 1 2G7ZX12 Desktop
Dell OptiPlex 7010 1 2G81Y12 Desktop
Dell OptiPlex7010 1 - 2G90Y12 Desktop
Dell OptiPlex 7010 1 2G92Y12 Desktop
Dell OptiPlex 7010 1 _ 2G9ZX12 Desktop _
Dell _ OptiPlex 7010 1 2GBOY12 Desktop.
Dell OptiPlex 7010 1 2GB2Y12 Desktop
Dell j OptiPlex 7010 1 2GB4Y12 Desktop
Page 1 of 4 6/4/2019
City of Aventura
ACES Computer Equipment Inventory
Brand Model Qty. Serial Number E Type
Dell OptiPlex 7010 1 _ 2GBZX12 Desktop
Dell OptiPlex 7010 1 __. 2GCOY12 Desktop
Dell OptiPlex 7010 1 2GCZX12 Desktop -
Dell OptiPlex 7010 1 2GD2Y12 Desktop
Dell OptiPlex 7010 1 2GD3Y12 Desktop _ _.
Dell OptiPlex 7010 1 2GFOY12 Desktop
Dell OptiPlex 7010 1 - 2GF1Y12 Desktop
Dell OptiPlex 7010 1 2GF3Y12 Desktop
Dell OptiPlex 7010 1 2GGOY12 Desktop
Dell OptiPlex 7010 1 2GG2Y12 Desktop
Dell OptiPlex 7010 1 2GGZX12 Desktop
Dell OptiPlex 7010 1 2GH3Y12 Desktop- . . _
Dell OptiPlex 7010 1 2GH4Y12 Desktop
Dell OptiPlex 7010 1 2GHYX12 Desktop
Dell OptiPlex 7010 1 _-- 2GJZX12 Desktop
Dell OptiPlex 7010 1 8G9T6Y1 Desktop
Dell OptiPlex 7010 1 8GHV6Y1 Desktop_
Dell OptiPlex 7010 1 8GJT6Y1 Desktop
l - - -_.- - --
Dell OptiPlex 7010 1 8GMW6Y1 _ Desktop
Dell OptiPlex 7010 1 - 8GTW6Y1 Desktop
Dell OptiPlex 7010 1 8GVW6Y1 Desktop
Dell OptiPlex 7010 1 8GXW6Y1 Desktop
Dell OptiPlex7010 1 _ BH1W6Y1 Desktop_
Dell OptiPlex 7010 1 8H2V6Y1 Desktop
Dell OptiPlex 7010 1 BH3V6Y1 Desktop
Dell OptiPlex7010 1 F5W2V12 Desktop
Dell OptiPlex 7010 1 _ F5XOV12 Desktop
Dell OptiPlex 7010 1 F5X1 V 12 Desktop _
Dell OptiPlex 7010 1 F5X2V12 _ Desktop _. .
Dell OptiPlex7010 1 -- F5Y2V12 Desktop
_ Dell OptiPlex 7010 1 F5ZOV12 _ Desktop
Dell OptiPlex 7010 1 F5Z1V12 Desktop _
Dell OptiPlex 7010 _ 1 F5Z2V12 _ -. _ Desktop
_ Dell OptiPlex7010 1 F611V12 Desktop _Dell OptiPlex 7010 1 F621V12 Desktop
Dell OptiPlex 7010 1 F622V12 Desktop
_Dell OptiPlex 7010 1 - F633V12 Desktop
Dell OptiPlex 7010 1 F642V12 Desktop
Dell OptiPlex 7010 1 F643V12 Desktop
Dell OptiPlex 7010 1 F651V12 _. _ Desktop
Dell OptiPlex 7010 1 F652V12 Desktop _
Dell OptiPlex 7010 _ 1 F662V12 Desktop
Dell OptiPlex 7010 1 F673V12 Desktop
Dell _ OptiPlex 7010 1 _ F681V12 Desktop
__ Dell - OptiPlex 7010 1 F682V12 Desktop
_ Dell OptiPlex 7010 1 F683V12 _- Desktop _
Dell OptiPlex 7010 1 F693V12 _ _ Desktop
Dell _ _ OptiPlex 7010 1 F6B1V12 _ _ .. _ . Desktop
Dell OptiPlex 7010 1 F6B2V12 Desktop
Page 2 of 4 6/4/2019
City of AveMura
ACES Computer Equipment Inventory
Brand Model Qty. _ Serial Number Type
Dell _ _ OptiPlex7010 1 F6B3V12 DesktoR _
_ - Dell OptiPlex 70101 F6C3V12 Desktop
Dell OptiPlex 7010 1 I F6D1V12 Desktop
Dell OptiPlex 7010 1 F6D3V12 Desktop
Dell OptiPlex 7010 1 F6FOV12 Desktop
Dell OptiPlex 7010 1 F6F1V12 Desktop
Dell OptiPlex 7010 1 F6GOV12 Desktop
Dell OptiPlex 7010 1 F6G1V12 Desktop
Dell OptiPlex7010 1 F6G2V12 Desktop
Dell OptiPlex 7010 1 F6G3V12 Desktop
Dell OptiPlex 7010 El F6H1V12 Desktop
Dell OptiPlex 7010 F6H2V12 Desktop
Dell OptiPlex 7010 1 F6H3V12 Desktop_ _.
Dell OptiPlex 7010 1 F6J1V12 Desktop
Dell OptiPlex 7010 1 F6J3V12 Desktop
Dell OptiPlex 7010 1 F6K1 V 12 Desktop
Dell OptiPlex 7010 _ F6K2V12 Desktop
Dell OptiPlex 7010 H1KGGX1 Desktop
Dell QptiPlex 790 8VN4ZQ1 Desktop
Dell OptiPlex 790 1 8VS1ZQ1 Desktop
Dell Optiplex790 1 8W84ZQ1 Desktop
Dell 0.ti.lex 790 1 8W91ZQ1 Desktop
Dell Optipiex Antenna 2 Boxes N/A
Direct TV Receiver 1 6F6B4F28E050
Direct TV _ _ Receiver 1 AO6LAOFN111851
Direct TV Receiver 1 AO6PAOJK220665
_ Direct TV Receiver 1 A06PAOKR120257
Direct TV Receiver 1 AlOGB8NC33o147
Direct TV Receiver 1 AlOGB8NC330158
Direct TV Receiver 1 A10GB8NC330173
Direct TV Receiver 1 A10GC9JX811378
Direct TV Receiver 1 AlOGC9JX811412
Direct TV Receiver 1 A10MF1LM381972
Direct TV Receiver 1 A1OMF1LN361256
Direct TV _ Receiver 1 AlOMF1LN361256
Direct TV Receiver 1 PA053F242PB03K
Direct TV Receiver\DVR 1 DO7BCODV610316
Direct TV Satellite Dish 1 N/A
Elmo Digital Presenter 1 117819
Epson - Projector 1 F3HG472258F _
Hitachi Projector 1 CP X2511UF' FOEU03814
JVC DVD\VHS-Recorder 1 _ 124R7132
JVC DVD\VHS-Recorder 1 125R1748
JVC DVD VHS-Recorder 1 125R1791
LG DVD\VHS-Recorder 1 _ 7121NKH000037
LO DVD\VHS-Recorder 1 7121NKH001357
LG DVD VHS-Recorder 1 7121NWA000545
LG DVD VHS-Recorder 1 8041NBS139981
- LG DVD\VHS-Recorder 1 8041NDP282530
Page 3 of 4 6/4/2019
City of Aventura
ACES Computer Equipment Inventory
Brand Model Qty. Serial Number Type
LG DVD\VHS-Recorder 1 8041NEW139996
LG DVD VHS-Recorder 1 8041NGQ282527
LG DVD\VHS-Recorder 1 8041NJL281964
LG DVD\VHS-Recorder 1 8041NYD282234
LG DVD\VHS-Recorder 1 8041NYD282378
LG DVD\VHS-Recorder 1 8041NZY281421
LG DVD\VHS-Recorder 1 8041NZY281925
LG DVD\VHS-Recorder 1 8061NCN100307
Miscellaneous Security Cameras 1 Box N/A Analog CCTV Cameras
NEC NP-M260X 1 NP-M260X 1500256FC Projector
NEC NP-M260X 1 NP-M260X 1502927FC Projector
NEC. .. NP-M271X 1 NP M271X 3700298FA Projector
NEC NP-M271X 1 NP-M271X 3700303FA Projector
NEC NP-M271X 1 NP-M271X 3700304FA Projector
NEC NP-M271X 1 NP-M271X 3900236FB Projector
Optoma Projector 1 Q8BB014AAAAACO278A Projector
Optoma Projector 1 Q8BB019AAAAAC0068 Projector
Optoma Projector 1 Q8BB019AAAAAC0099 Projector
Optoma Projector 1 Q8BB035AAAAAC0102A Projector
Samsung Digital Presenter 1 T5100729
Samsung Digital Presenter 1 T5100794
Samsung Digital Presenter 1 T6601043
Samsung Digital Presenter 1 76601049
Samsung Digital Presenter 1 T6701044 _
Samsung Digital Presenter 1 T8501179
Samsung Digital Presenter 1 T8501194
Samsung Digital Presenter 1 T8501197
Smart Response Clickers 1 N/A 24 x(2 cases)
Smart Smart Board 8 N/A Tray y holders and pens
Smart Smart Board 1 SB680-H2-076075 Display Board
Smart Smart Board 1 SB680-H2-076076 Display Board
Smart Smart Board 1 SB680-H2-076079 Display Board
Smart Smart Board 1 SB680-H2 076080 Display Board
Smart Smart Board 1 SB680-H2-076222 Display Board
Smart Smart Board 1 SB680-H2-076223 Display Board
Smart Smart Board 1 SB680-R1-008064 Display Board
_ Smart _ Smart Board 1 SB680-R2-266248 __ Display Board
_ Toshiba DVD Recorder 1 B23F2277
Toshiba DVD Recorder 1 B23F2378
Toshiba DVD\VHS-Recorder 1 A21D9298
Toshiba DVD\VHS-Recorder 1 A21D9763
Toshiba DVD\VHS-Recorder 1 A23E0206
_ UPS BU6001 N/A UPS
__
UPS _._. PT450 _. 1 _. 6540 -. . _._ UPS
- _ Fitter 1 C51200821J00323 MSA-004-001
Phone Server 1 DAX20532
Page 4 of 4 6/6/2019
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Ronald J. Wasson, City Manag !`1
64
FROM: Bryan Pegues, Chief of Police
DATE: May 22, 2019
SUBJECT: Regional Field Force Mutual Aid
I am requesting that the attached Mutual Aid Agreement, to participate in a
regional field force team, be placed on the upcoming Commission agenda for
approval.
Summary: The following agencies have elected to create a multi-jurisdictional
field force team capable of providing assistance in crowd management, special
events, major spontaneous incidents, natural disasters or any other emergency
situation requiring the immediate protection of our communities.
The City of Aventura Police Department
The Village of Bal Harbour Police Department
The Town of Bay Harbor Islands Police Department
The City of Coral Gables Police Department
The Town of Golden Beach Police Department
The City of Miami Beach Police Department
The Town of North Bay Village Police Department
The City of North Miami Police Department
The City of North Miami Beach Police Department
The Village of Key Biscayne Police Department
The City of Sunny Isles Beach Police Department
The Town of Surfside Police Department
RESOLUTION NO. 2019-
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 MULTI-AGENCY OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE MIAMI-DADE COUNTY ISLAND CHIEFS REGIONAL MOBILE
FIELD FORCE UNIT 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 Multi-Agency Operational
Assistance Mutual Aid Agreement between the City of Aventura and the Miami-Dade
County Island Chiefs Regional Mobile Field Force Unit 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 Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
Page 1 of 2
City of Aventura Resolution No. 2019-
PASSED AND ADOPTED this 11th day of June, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
MIAMI-DADE COUNTY ISLAND CHIEFS
REGIONAL MOBILE FIELD FORCE
MULTI-AGENCY OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WHEREAS, the below-subscribed Law Enforcement Agencies have determined that as individual
governmental units with duties and responsibilities for the protection of our communities and the
enforcement of criminal laws, they can make a more efficient use of their powers and resources by
providing a higher quality of law enforcement services to the public through the coordination of
existing units, pursuant to the Florida Mutual Aid Act, Section 23.12 et seq., of the Florida Statutes;
and
WHEREAS, the below-subscribed Law Enforcement Agencies each have their own field force units and
have joined together in a multi-jurisdictional unit known as the Miami-Dade County Island Chiefs Regional
Mobile Field Force Unit intended to provide for operational assistance across jurisdictional lines within
Miami-Dade County, Florida; and
WHEREAS,the below-subscribed Law Enforcement Agencies have the authority under Part 1,Chapter 23,
Florida Statutes, "the Florida Mutual Aid Act," to enter into an operational assistance agreement for law
enforcement cooperation and assistance that crosses jurisdictional lines within Miami-Dade County,
Florida;
NOW THEREFORE,the parties agree as follows:
Each of the undersigned Law Enforcement Agencies approve, authorize and enter into this Miami-Dade
County Island Chiefs Regional Mobile Field Force Multi-Agency Operational Assistance Mutual Aid
Agreement ("Agreement") to implement within the jurisdictional and other limits as noted herein the
Miami-Dade County Island Chiefs Regional Mobile Field Force Unit ("Unit") for the purposes and goals
indicated.
The following Law Enforcement Agencies are parties (collectively, the "Parties" or "Agencies" or
individually a "Party" or"Agency")to this Agreement:
The City of Aventura Police Department
The Village of Bal Harbour Police Department
The Town of Bay Harbor Islands Police Department
The City of Coral Gables Police Department
The Town of Golden Beach Police Department
The City of Miami Beach Police Department
The Town of North Bay Village Police Department
The City of North Miami Police Department
The City of North Miami Beach Police Department
The Village of Key Biscayne Police Department
The City of Sunny Isles Beach Police Department
The Town of Surfside Police Department
1
Additional parties may enter into this Agreement at a later date as evidenced by their signing of this
Agreement. Any Party may cancel its participation in this Agreement upon delivery of written notice of
cancellation to the other Parties and the Florida Department of Law Enforcement.
UNIT PURPOSE AND ASSISTANCE TO BE RENDERED:
The purpose of this Agreement is declared to be the coordination of the Agencies' Law enforcement
officers to the Unit. Each Agency shall undertake a strategic assessment of their operational capabilities
to respond to major spontaneous incidents, special events, or other law enforcement emergency
situations necessitating assistance. It is the intent of the Parties to agree upon common training and
support functions. In order to provide for operational assistance, each of the Agencies hereby approves
and enters into this Agreement whereby each of the Agencies may request and render law enforcement
assistance, and providing their filed force unit law enforcement officers to the other Agencies during
major spontaneous incidents, special events, or other law enforcement emergency situations
necessitating assistance that is reasonably necessary to ensure the safety of persons or property within
Miami-Dade County, Florida.
The Parties to this Agreement are contributing law enforcement officers and resources in support of the
Unit's efforts, with the operations of the Unit being coordinated by each Agency, the field force team
Commander,and representatives of participating Unit Agencies.
PROCEDURE FOR REQUESTING AND AUTHORIZING OPERATIONAL ASSISTANCE
Execution of this Agreement and continued participation by one or more Agencies shall constitute a
general reciprocal, continuing request for, and granting of, operational assistance between the Agencies
of the Unit,which shall be considered authorized in accordance with the provisions of this Agreement and
Florida Statutes.
1) A request for operational assistance shall be made by the incident commander of the requesting
Agency, or his/her designee.
2) A responding Agency will provide operational assistance, only to the extent that such law
enforcement officers and equipment are not required for the adequate protection of the responding
Agency's jurisdiction. The Chief of Police of the responding Agency, or his/her designee, shall have the
sole authority to determine the amount of law enforcement officers and equipment, if any, available for
such operational assistance.
3) Whenever the of one Agency law enforcement officers are rendering aid to another Agency
pursuant to the authority contained in this Agreement,such law enforcement officers shall have the same
powers, duties, rights and immunities as if taking action within their employing police department's
jurisdiction.
4) Law enforcement officers responding to an operational assistance request shall operate under
the direction and authority of the commanding officer of the requesting Agency.
5) All wage and disability payments, pensions, workers' compensation claims and medical expenses
of responding Agency's law enforcement officers shall be paid by his or her employing Agency, unless the
requesting Agency is reimbursed by other Agencies, authorities, persons, or political entities specifically
2
for the same. However,when the Agency directing the operational assistance is negligent in the command
of the situation or the law enforcement officers, the directing Agency will be responsible for costs arising
out of any injury to other Agency's law enforcement officers.
6) Each Agency shall be responsible for bearing any costs associated with the loss or damage of its
equipment or property used during a Unit operation. However,when the Agency directing the operational
assistance is negligent in the command of the situation, the law enforcement officers, or the equipment
or property, the directing Agency will be responsible for the costs of loss or damage to responding
Agency's equipment or property.
7) Each Agency shall bear all costs associated with any negligent act taken by law enforcement
officers of their Agency, unless such act was ordered by the officer directing the operational assistance
request. In that case, any civil liability that might arise will be the responsibility of the requesting Agency
whose officer was directing the operational assistance situation.
JURISDICTION, ORGANIZATION, COMMAND AND SUPERVISORY RESPONSIBILITY:
The principal site of Unit activity shall be in Miami-Dade County,only within the jurisdictional boundaries
of the Agencies. Law enforcement officers providing services to the Unit shall enjoy full jurisdictional
authority anywhere within the jurisdictional bounds of the Agencies, with full power to enforce Florida
laws and avail themselves of the provisions of this Agreement only when engaged in Unit operations. Law
enforcement officers operating outside the jurisdiction of their Agency shall not enjoy extra-jurisdictional
authority as law enforcement officers, unless specifically engaged in approved Unit activities as stated
herein.The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the
boundaries of their employing Agency is by reason of this Agreement as provided by the"Florida Mutual
Aid Act"and applicable Florida State Statutes. Pursuant to Section 23.127(1),of the Florida State Statutes,
designated law enforcement officers of the Agencies participating in the Unit shall, when engaging in
authorized mutual cooperation and operational assistance pursuant to this Agreement, have the same
powers,duties,rights, privileges and immunities as when performing duties inside the political subdivision
in which the law enforcement officers is normally employed.
The resources assigned by the responding Agency shall be under the immediate command of a supervising
law enforcement officer designated by the responding Agency. Such supervising officer shall be under
the command of the commanding officer of the requesting Agency. Wherever a law enforcement officer
renders assistance pursuant to this Agreement,the law enforcement officer shall abide by and be subject
to the rules and regulations, personnel policies, use of force policies, general orders and standard
operating procedures of his/her own Agency. If any such rule, regulation, personnel policy,general order
or standing 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 standard
operating procedure of the responding Agency shall control and shall supersede the direct order of the
superior officer of the requesting Agency. The conflict should be relayed immediately to the superior
officer.
A. Advisory Board
An advisory board("Advisory Board")shall be created for the Unit.Upon execution of this Agreement,the
Advisory Board will consist of the Chief of Police or his/her designee of each Agency. Each Agency will only
have one vote on the Advisory Board. Representation of at least two thirds(2/3)of the Agencies must be
3
present to have a quorum.The Advisory Board,each year,shall elect an Advisory Board chair person.The
chair person will be tasked with creating the meeting agenda and presenting the needs and potential
changes for the Unit. The Advisory Board shall oversee the coordination of training of the Unit as well as
developing agreed upon standards for the Unit. The Advisory Board shall meet a minimum of two (2)
times each year with notice of meetings delivered at least ten (10)days in advance to each Advisory Board
member.
B. Personnel
Each Agency shall retain full responsibility for compensation, including, but not limited to: liability
insurance, retirement benefits, workers' compensation, and discipline of their own law enforcement
officers assigned to the Unit.
LIABILITY AND COST-RELATED ISSUES:
Each Agency engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to
assume its own liability and responsibility for the acts, omission, or conduct of such Agency's own law
enforcement officers while such law enforcement officers are engaged in rendering such aid,cooperation
and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,
where applicable.
Each Agency agrees to furnish necessary personnel, property, police equipment, vehicles, resources and
facilities to render services to each other Agency to this Agreement in order to affect the purposes of the
Unit and agrees to bear the cost of loss or damage to such equipment,vehicles,or property,except as set
forth above and below. The Agencies understand and agree that they will be responsible for their own
liability and bear their own costs with regard to their property and resources,except under circumstances
in which damage or property loss is a result of negligence by the Agency directing the operational
assistance and in command of the situation as set forth above and below.
Each Agency furnishing aid pursuant to this Agreement shall compensate its law enforcement officers
during the time such aid is rendered and shall defray the actual expenses of its law enforcement officers
while they are rendering such aid, including any amounts paid or due for compensation due to personal
injury or death while such law enforcement officers are engaged in rendering such aid. The privileges and
immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief,
disability,workers'compensation,salary(including overtime compensation or compensatory time),death
and other benefits that apply to the activity of an law enforcement officers of an Agency when performing
the law enforcement officer's duties within the territorial limits of the law enforcement officer's Agency
shall apply to the law enforcement officers to the same degree, manner, and extent while such law
enforcement officers act under this Agreement.
Each Agency agrees to maintain its own comprehensive general liability insurance, professional liability
insurance, and automotive liability insurance or maintain a self-insuring fund for the term of this
Agreement in the amounts determined by each Agency to adequately insure such Agency's liability
assumed herein. In no event shall such coverage be less than the statutory waiver of sovereign immunity.
COMPLAINTS AGAINST UNIT MEMBERS:
4
Whenever a complaint has been lodged as a result of the Unit's efforts, a designee of the Unit shall
ascertain at a minimum:
The identity of the complainant(s)and an address where the complainant(s)may be contacted,the nature
of the complaint and supporting evidence or facts as may be available, including the names and addresses
of witnesses to that which has been complained about,the identity of the Unit participant(s)accused and
the Agency(ies)of the participant(s) accused.
The information will be promptly provided to each affected Agency for administrative review and
appropriate handling or disposition by the respective Agency that the complaint was lodged against.
COPY TO EACH PARTICIPATING AGENCY:
When this Agreement is fully executed,a copy shall be provided to each participating Agency so that each
Agency shall be fully aware of the powers, limitations, and expectations applicable to the Unit and law
enforcement officers.
TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Agency upon execution by one or more participating
Agencies. As each additional Party executes this Agreement, it shall be effective as to the newly executing
Party. This Agreement may be executed in counterparts for dissemination to all Parties, and such
counterparts shall be of the same force and effect as the original. Execution of this Agreement may be
signified by properly signing a separate signature page, the original of which shall be returned to, and
maintained by, the Florida Department of Law Enforcement, Mutual Aid Coordinator, P.O. Box 1489,
Tallahassee, Florida 32302.
This Agreement shall remain in full force and effect as to all participating Parties until April 1,2024, unless
earlier terminated in writing. Any party may withdraw from this Agreement upon providing written notice
to the other Parties, upon sixty(60) day notice.
This Agreement may be renewed by Agreement of the Participating Agencies and execution of a new
Agreement. Any written cancellation or extension shall be forwarded to FDLE at the address identified
above.
MIAMI-DADE COUNTY ISLAND CHIEFS REGIONAL MOBILE FIELD FORCE MULTI-AGENCY OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT
City of Aventura
5
Date:
Ronald J.Wasson
City Manager
Date:
Bryan Pegues,Chief
Aventura Police Department
ATTEST:
Date:
Ellisa L. Horvath, MMC
City Clerk
Aventura, Florida
6
Village of Bal Harbour
Date:
Jorge Gonzalez
Village Manager
Date:
Raleigh Flowers, Chief
Bal Harbour Police Department
ATTEST:
Date:
Dwight Danie
Clerk
Bal Harbour, Florida
7
Town of Bay Harbor Islands
Date:
Juan Jimenez
Town Manager
Date:
Sean Hemingway,Chief
Bay Harbor Islands Police Department
ATTEST:
Date:
Marlene Siegel
Town Clerk
Bay Harbor Islands, Florida
8
City of Coral Gables
Date:
Peter Iglesias
City Manager
Date:
Edward Hudak,Chief
Coral Gables Police Department
ATTEST:
Date:
Billy Urquia
City Clerk
Coral Cables, Florida
9
Town of Golden Beach
Date:
Alexander Din
Town Manager
Date:
Rudy Herbello,Chief
Golden Beach Police Department
ATTEST:
Date:
Lissette Perez
Town Clerk
Golden Beach, Florida
10
City of Miami Beach
Date:
Jimmy Morales
City Manager
Date:
Daniel Oates, Chief
Miami Beach Police Department
ATTEST:
Date:
Rafael Granado
City Clerk
Miami Beach, Florida
11
Town of North Bay Village
Date:
Ralph Rosado
City Manager
Date:
Brian Collins, Chief
North Bay Village Police Department
ATTEST:
Date:
Elora Riera
Town Clerk
North Bay Village, Florida
12
City of North Miami
Date:
Larry Spring Jr.
City Manager
Date:
Larry Juriga,Chief
North Miami Police Department
ATTEST:
Date:
Michael Etienne
City Clerk
North Miami, Florida
13
City of North Miami Beach
Date:
Esmond Scott
City Manager
Date:
William Hernandez,Chief
North Miami Beach Police Department
ATTEST:
Date:
Pamela Latimore
City Clerk
North Miami Beach, Florida
14
Village of Key Biscayne
Date:
Andrea Agha
City Manager
Date:
Charles Press,Chief
Key Biscayne Police Department
ATTEST:
Date:
Jennifer Medina
Village Clerk
Key Biscayne, Florida
15
City of Sunny Isles Beach
Date:
Christopher Russo
City Manager
Date:
Dwight Snyder,Chief
Sunny Isles Beach Police Department
ATTEST:
Date:
Mauricio Betancur
City Clerk
Sunny Isles Beach, Florida
16
Town of Surfside
Date:
Guillermo Olmedillo
City Manager
Date:
Julio Yero, Chief
Surfside Police Department
ATTEST:
Date:
Sandra Novoa
Town Clerk
Surfside, Florida
17
CITY OF AVENTURA
DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Mana er
BY: Antonio F. Tomei, Capital Projects Manager 4.(3
THRU: Joseph S. Kroll, Public Works & Transportation Director
DATE: May 24, 2019
SUBJECT: Don Soffer Aventura High School
June 11, 2019 City Commission Meeting Agenda Item 17
Recommendation
It is recommended that the City Commission adopt the attached Resolution allowing
dedication of a twelve (12) foot wide Easement to Miami Dade Water and Sewer
Department as required for the Don Soffer Aventura High School.
Background
Miami Dade Water and Sewer Department requires an Easement to operate and
maintain domestic water services for the Don Soffer Aventura High School project as
outlined on the enclosed sketch and legal description.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TWELVE (12) FOOT WIDE
EASEMENT TO MIAMI-DADE WATER AND SEWER DEPARTMENT ON
THE DON SOFFER AVENTURA HIGH SCHOOL SITE; PROVIDING
FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires domestic water services to the new
Don Soffer Aventura High School located at 3151 NE 213th Street; and
WHEREAS, Miami-Dade Water and Sewer Department requires a recorded
easement prior to providing water service to the new Don Soffer Aventura High School;
and
WHEREAS, Miami-Dade Water and Sewer Department requires a recorded
easement to operate and maintain said water services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Easement dedication, as reflected on the attached Miami
Dade Water and Sewer Department Grant of Easement form, inclusive of the Sketch
and Legal Descriptions, is hereby accepted and the City Manager is hereby authorized
to cause such Easement to be recorded in the Official Records of Miami-Dade County,
Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency
of the dedication and instrument of conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes 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 Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
City of Aventura Resolution No. 2019-
PASSED AND ADOPTED this 11th day of June, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
28-1234-019-0016,28-1234-019-0017, 28-1234-019-0020
Tax Folio Number:
Agmt ID: GRANT OF EASEMENT
THIS INDENTURE, made this day of
20 , between
City of Aventura ,whoso nailing address
is, 19200 W.Country Club Dr.,Aventura, L 33180 hereinafter
called GRANTOR, and MIAMI-DADE COUNTY, a political subdivision of
the State of Florida, whose mailing address is: do Miami-Dade Water
and Sewer Department,P.O.Box 330316,Miami,Florida 33233-0316,
hereinafter called GRANTEE:
WITNESSETH
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the
receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant, to the GRANTEE, its successors and
assigns,forever,the right,privilege and easement to construct,reconstruct,lay,install,operate, maintain,relocate,repair,replace,improve,
remove and inspect water transmission and distribution facilities and all appurtenances thereto, including but not limited to fire hydrants,
and/or sewage transmission and collection facilities and all appurtenant equipment,which right, privilege and easement shall include the
right to remove or demolish,with no obligation to repair or replace same,any obstructions placed on the easement, including pavers,or that
may extend up to twenty-five(25)feet vertically above the finished grade over the easement, as may be necessary to carry out any right
granted herein.This right,privilege and easement also provides GRANTEE with full and unlimited right of ingress thereto and egress there
from on the property of the GRANTOR described as follows,to wit:
See Exhibit"A"attached hereto and made a part hereof
THE GRANTOR does hereby fully warrant that it has good title to the above-described property and that it has full power and
authority to grant this easement
IN WITNESS WHEREOF,the GRANTOR by its proper officials has hereunto set its hands and seals the year and day first above written.
WITNESSETH: City Manager
By:
Signature
Print name
Signature
Ronald J. Wasson
Signature Print Name
Print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of , 20_by
, as managing member of , on behalf of the company.
He/She/They is/are personally known to me or have/haven't has/hasn't produced as identification and did/did
not take an oath.
NOTARY PUBLIC,SIGNATURE
PRINT NAME MY COMMISSION EXPIRES
This instrument prepared by
Utility Development Division
Miami-Dade Water and Sewer Depadment
3575 S.Lejeune Road
Miami,Florida 33146
EXHIBIT "A"
SKETCH AND LEGAL DESCRIPTION
AVENTURA CHARTER HIGH SCHOOL
3151 N.E. 213th STREET, AVENTURA, FLORIDA 33180
WATER EASEMENT
A PORTION OF THE N.E. 1/4 OF SECTION 34,
TOWNSHIP 51 SOUTH, RANGE 42 EAST MIAMI-DADE
COUNTY, FLORIDA
FOLIO: 28-1234-019-0017
MD-WASD -AGREEMENT No.23791
SUB. ID. No.23946 --
cNE 214TH TE
NE 214TH ST
NE 213TH ST
NE 213TH ST
4-1-J
SITE ..�.����...�
C)� NE210TH T
ti
F
,D4,0NE209TH ST ,D4
,i,„NE 8TH
NE \2cII;8TH STJ
Z
NE 2D7 H ST
v 1 207T111 ST NE207TH ST
/ TY CLUB DR
NE206TH ST N COUNTR
N
LOCATION MAP
NOT TO SCALE
NOTES: ABBREVIATIONS
_"THE MINIMUM VERTICAL CLEARANCE OF THIS
EASEMENT IS TWENTY FIVE (25) FEET ABOVE SYMBOL DEFINITION
GRADE. CENTERLINE
_ THESE EASEMENT STRIPS FORM A CLOSED R/W RIGHT-OF-WAY
GEOMETRIC FIGURE.
PB. PLAT BOOK
PG. PAGE
SIRVEYCX7S NOTES, P/L PROPERTY LINE
1.THIS IS NOT A SLRVEY.
7 BEARINGS SI-IOVM I-ERECN ARE BASH)ON AN ASSir.BD MERIDIAN ALONG TI-E O.R.B. OFFICIAL RECORD BOOK
CENTERLINE CF NE 213TIJ SIkttI.N88'01'27E AS SI-OV8'
NOTICE: Not full and complete without pages 2, 3, 4& 5 of 5. Page 1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PLAN
SEE SHEET 3 OF 5
IT +__.
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( 174.86'
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A PORTION s.e -1 s.o' 5128, N
N I E. - - - - 7
r' OF TRACT "B" --- I LI
0 "DONN ACRES" —I J L
(PB. 76, PG. 30) SO4'51. IL` 1
183133E' - - -
N88'07'55'E
11.98'
POINT OF TERMINATION
R/W N88'01'22"E 196.67' R/W
P
0. 0
N88'01'22"E (BASIS OF BEARINGS) .g_
N . E. 213th STREET
R/W - - - - - - - - R/W
$1RVPYO7'S NOTFS,
L THIS IS NOT A S,LRV2Y.
2 BEARINGS 9401M1 ICON ARE BAS®ON AN ASSN.®MERIDIAN ALONG TI-E
CENTERLINE OP NE.713TH STREET.NBB'O127E AS SHOWN
NOTICE: Not full and complete without pages 1, 3,4&5 of 5. Page 2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PLAN
tz,
NPOINT OF COMMENCEMENT
NORTHEAST CORNER OF
0 20 40 TRACT "B" (PB.76, PG.30)
SCALE "HALLANDALE PARK AMENDED"
1
(PB. 27, PG. 33) POINT OF I
I
688'01'22"W 196.67' TERMINATION I
588'15'03-W I w
50.42' NO1'52'05'W
25.15' N
w
••2 El. POINT"B" SSae- 3'56"W . co"SN r _ _
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POINT OF Z
►� i 13.46' BEGINNING 5rn
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SEE SHEET 2 OF 5
5 PV?YCQ'S NOTES
L THIS IS NOT A SIRVEY.
2 BEARINGS SHOWN 4$ZEON ARE BASED ON AN ASSUME)MERIDIAN ALCNC TFE
CENT62Llie Or Ne 21371-IS-MEET.NB8'Or22'AS 9-OW
NOTICE: Not full and complete without pages 1, 2,4&5 of 5. Page 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
A portion of the Northeast 1/4 of Section 34, Township 51
South, Range 42 East, of the Public Records of Miami-Dade
County, Florida; being more particularly described as follows :
Commence at the Northeast Corner of Tract "B" of "DONN
ACRES", according to the Plat thereof, as recorded in Plat Book
76 at Page 30, of the Public Records of Miami-Dade County,
Florida; that point is also the Northeast Corner of Section 34,
Township 51 South, Range 42 East, of the Public Records of
Miami-Dade County, Florida; thence run S01°52 ' 05"E along East
Line of said Tract "B", for a distance of 38 . 28 feet to a
point; thence run S88°07 ' 55"W for a distance of 2 . 00 feet to
the POINT OF BEGINNING of a 12 Foot Wide Water Easement, lying
6 . 0 feet on each side of the following described centerline
(shortening or extending the side lines thereof, so as to
create a continuous strip of land) , that point is also on the
West Line of the existing 12 ' Water Easement as per O.R.B.
26665, PG. 1676; thence continue S88°07 ' 55"W for a distance of
6 . 00 feet to a Reference Point "A"; thence run S86°23 ' 56"W for
a distance of 97 . 80 feet to a Reference Point "B" ; thence run
S88°15 ' 03"W for a distance of 50 . 42 feet to a Point; thence run
S01°50 ' 13"E for a distance of 24 . 03 feet to a Reference Point
"C"; thence continue S01°50 ' 13"E for a distance of 174 . 86 feet
to a Point; thence run N86°19 ' 38"E for a distance of 51 . 45 feet
to a Point; thence run S48°19 ' 37"E for a distance of 39 . 01 feet
to a Point; thence run S01°34 ' 43"E for a distance of 124 . 44
feet to a Point; thence run N88°05 ' 28"E for a distance of 51 . 28
feet to a Point; thence run SO4°51 ' 31"E for a distance of 18 . 33
feet to a Point; thence run N88°07 ' 55"E for a distance of 11 . 98
feet to the POINT OF TERMINATION, that point is also on the
West Line of the existing 12 ' Water Easement as per O.R.B.
26665, PG. 1676 .
TOGETHER WITH:
A 12 Foot Wide Water Easement, lying 6 . 0 feet on each side of
the following described centerline (shortening or extending the
side lines thereof, so as to create a continuous strip of
land) ; BEGIN at aforementioned POINT "A"; thence run
N01°52 ' 05"W for a distance of 25 . 15 feet to a POINT OF
TERMINATION;
TOGETHER WITH:
A 12 Foot Wide Water Easement, lying 6 . 0 feet on each side of
the following described centerline (shortening or extending the
side lines thereof, so as to create a continuous strip of
land) ; BEGIN at aforementioned POINT "B"; thence run
S01°34 ' 06"E for a distance of 18 . 44 feet to a Point; thence run
S86°47 ' 16"W for a distance of 13 . 46 feet to a POINT OF
TERMINATION;
NOTICE: Not full and complete without pages 1, 2, 3&5 of 5. Page 4
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
TOGETHER WITH:
A 12 Foot Wide Water Easement, lying 6 . 0 feet on each side of
the following described centerline (shortening or extending
the side lines thereof, so as to create a continuous strip of
land) ; BEGIN at aforementioned POINT "C"; thence run
S89°40 ' 48"W for a distance of 25 . 38 feet to a POINT OF
TERMINATION;
Containing 8, 567 square feet or 0 . 20 acres more or less by
calculations.
Lying & being in Miami-Dade County, Florida .
SURVEYOR' S CERTIFICATE :
I hereby certify to that this "Sketch to Accompany Legal
Description, " was prepared under my direction and is true and
correct to the best of my knowledge and belief and further,
that said Sketch meets the intent of the applicable
provisions of the "Standards of Practice for Land Surveying
in the State of Florida", pursuant to Rule 5J-17 . 051 through
5J-17.0Q4.2•••4 the Florida Administrative Code and its
imps 8ipr®"3aw, Chapter 472 . 027 of the Florida Statutes .
'S\-):••ase N,'•• '
Q•
• :
B'• • STATE OF 33 Date: 05-28-2019
%, �l .•4 moirac, P. S .M.
�'44(fre0�Aal Surveyor and Mapper LS3102
1321'7" .W. 46th Lane
Miami, Florida 33175
786 . 413 . 5822 phone
NOTICE: Not valid without the signature and original raised
seal of a Florida Licensed Surveyor and Mapper. Each Sheet as
incorporated therein shall not be considered full, valid and
complete unless attached to the others . This Notice is
required pursuant to Rule 5J-17 . 051 through 5J-17 . 053 of the
Florida Administrative.
NOTICE: Not full and complete without pages 1, 2, 3&4 of 5. Page 5
CITY OF AVENTURA
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: City Commission
FROM: David M. Wolpin
City Attorney's Office
DATE: May 22, 2019
SUBJECT: Proposed Articles of Incorporation for the Creation of the Don Soffer
Aventura High School Foundation, Inc. (the "High School Foundation")
June 11, 2019 City Commission Meeting Item
I. RECOMMENDATION
In order to facilitate community-wide fund raising efforts for the Don Soffer Aventura
High School which is scheduled to commence operations in August, 2019, it is
recommended that the City create the High School Foundation as a Florida not for profit
corporation which may seek and receive donations for the improvement and operation
of the High School as a municipal charter school of the City of Aventura.
The attached proposed Articles of Incorporation have been revised in accordance with
direction provided at the May, 2019 Commission Workshop meeting.
II. BACKGROUND
As requested by the City Commission, we have drafted the proposed Articles of
Incorporation which establish the structure, composition and purpose of the proposed
non- profit entity.
Although a person may generally make tax deductible donations to a city, the use of a
separate non- profit entity may further enhance the opportunity for beneficial donations.
Please advise of any questions.
Respectfully,
David M. Wolpin
City Attorney's Office
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING ARTICLES OF INCORPORATION
FOR THE CREATION OF THE DON SOFFER AVENTURA HIGH
SCHOOL FOUNDATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to facilitate community-wide fund raising efforts for the Don
Soffer Aventura High School, which is scheduled to commence operations in August
2019, the City Commission desires to establish the Don Soffer Aventura High School
Foundation (the " Foundation"); and
WHEREAS, the Foundation shall be created as a Florida not for profit
corporation which may seek and receive donations for the improvement and operation
of the High School as a municipal charter school of the City of Aventura, and is
envisioned to function as a 501(c)(3) entity under the Internal Revenue Code; and
WHEREAS, the City Commission finds that the adoption of this Resolution is in
the best interest of the City and its residents.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and
confirmed as being true and correct and are made a specific part of this Resolution.
Section 2. Creation of Corporation. That the attached Articles of
Incorporation are hereby approved for filing with the Florida Division of Corporations.
Section 3. Implementation. That the City Manager and City Attorney are
hereby authorized to take any action which is necessary for the implementation of this
Resolution and the Articles of Incorporation.
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 Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
City of Aventura Resolution No. 2019-_
PASSED AND ADOPTED this 11th day of June, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
ARTICLES OF INCORPORATION
OF
DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION,INC.
The undersigned incorporator, desiring to form a not-for-profit corporation under the
provisions of Chapter 617 of the laws of the State of Florida, does hereby establish the following
Articles of Incorporation (the"Articles"):
ARTICLE I
Name and Principal Address
The name of this corporation shall be DON SOFFER AVENTURA HIGH SCHOOL
FOUNDATION, INC. (the "Corporation"), and its principal office is located at do Mr. Ronald J.
Wasson, City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Florida
33180.
ARTICLE II
Seal and Corporate Nature
The seal of this Corporation shall contain the words "Don Soffer Aventura High School
Foundation, Inc., a corporation not-for-profit." This is a Florida non-profit corporation pursuant to
Chapter 617, Florida Statutes, the Florida Not For Profit Corporation Act, as amended.
ARTICLE III
Term and Commencement
The Corporation shall have perpetual existence unless dissolved in accordance with these
Articles and applicable law. Corporate existence shall commence with the filing of these Articles
with the Secretary of State of Florida.
ARTICLE IV
Purpose
This Corporation is organized and shall operate exclusively for educational, cultural and
charitable purposes as evidenced by conducting or supporting activities for the benefit of or to carry
out the purposes of the Don Soffer Aventura High School Foundation, Inc.,but limited in all events
to exempt purposes described in Section 50l(c)(3) of the Internal Revenue Code of 1986, as
amended; and this Corporation may engage in only such activities permitted under the laws of the
State of Florida and the United States of America as shall constitute activities in furtherance of such
exempt purposes. The Corporation is a non-profit corporation organized to provide a broad source
of community support for the Don Soffer Aventura High School (the"High School"), a municipal
charter school which is owned by the City of Aventura, Florida (" City"). No part of the assets or
the net earnings of the Corporation shall be distributed to any officer, director, member or any
private person.
ARTICLE V
Functions, Powers and Restrictions
5.1. Functions:
It is expected that the Corporation will provide fundraising activities for the High School.
The site on which the High School is located and the High School itself will be owned by the City.
The Corporation shall be responsible for raising funds for various purposes of the High School,
including High School operations, capital improvements and technological and safety
enhancements.
5.2. Powers:
The Corporation may exercise all powers granted to a not-for-profit corporation under the
laws of the State of Florida. These powers include, but are not limited to:
a. To use the proceeds of donations, grants or other funding in the exercise of its powers
and purposes;and
b. To do any and all lawful acts and things which may be necessary, useful or proper for
the furtherance or attainment of all of the purposes or powers of the Corporation;
provided, however, that the Corporation may not exercise any power in such a manner
as would disqualify the Corporation for exemption from income tax under Section
501(c)(3) of the Internal Revenue Code, as amended, or the corresponding provision of
any future United States Internal Revenue Law.
In exercising its powers, the Corporation shall consider the advice and input from the High
School principal and the City Commission.
5.3. Restrictions:
Notwithstanding any other provisions of these Articles of Incorporation or the Bylaws of the
Corporation,the Corporation shall be restricted as follows:
a. No part of the net earnings of the Corporation shall inure to the benefit of any director,
officer or other associate or representative of the Corporation or any private individual
(except that reasonable compensation may be paid for services rendered to or for the
Corporation in effecting one or more of its purposes), and no director, officer or private
2
individual shall be entitled to share the distribution of the Corporation's assets upon
dissolution of the Corporation;
b. The Corporation shall not carry on any other activities not permitted to be undertaken
by: (i) a corporation exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code, as amended, or the corresponding provisions of any future
United States Internal Revenue Law, or (ii) a corporation to which contributions are
deductible under Section 170(c)(2) of the Internal Revenue Code, as amended, or the
corresponding provisions of any future United States Internal Revenue Law;
c. The Corporation shall not, except to an insubstantial degree, engage in any activities or
exercise any powers that are not in furtherance of the purposes of this Corporation; and
d. The Corporation shall not be operated for profit.
ARTICLE VI
Board of Directors
The Board of Directors is responsible for the direction and control of all matters pertaining
to the Corporation. In addition to the fundraising activities, the Board of Directors may have an
advisory role as to the grant of naming rights at the High School pursuant to procedures and duties
established from time to time by the City Commission of the City ("City Commission"), and
subject to compliance with Agreements entered into by the City.
6.1. Members of Board of Directors:
The affairs of the Corporation shall be managed by the Board of Directors, consisting of
at least five (5) persons, all of whom shall serve without compensation. A majority of the
Directors must be residents of the City.
6.2. Election and Terms of Directors:
The number of Directors shall be fixed at each annual meeting but shall not be reduced in
such manner as to affect the existing term of any Director and may be increased as described
herein. The number so fixed may be increased or decreased (subject to approval of the City
Commission) within the limits specified in Section 6.1 at any regular meeting of the Board of
Directors or at any special meeting of the Board of Directors called for that purpose.
6.3. Appointment of Directors:
Subject to the provisions contained herein, the members of the City Commission shall
initially nominate five (5) or seven (7) members of the Board of Directors. All appointments to
the Board of Directors shall be subject to approval by a majority of the City Commission.
3
6.4. Qualifications of Directors
It is an essential goal of the Corporation that as much funds as possible be raised or pledged
for the High School. As such, the members of the Board of Directors are encouraged to devote
time, professional knowledge, personal influence, personal resources and/or a combination
thereof to attain the goals of the Corporation and shall be selected by reason of their abilities to
do the following:
a. To provide and secure financial support for the activities of the Corporation. The
skills and/or resources of the Directors are vital to the financial well-being of the
Corporation. Also, Directors, because they have great standing in the community, may
greatly influence individuals, corporations, foundations and government agencies to
provide financial support.
b. To volunteer their specialized business expertise, advice and guidance to working
committees when needed.
c. To spearhead and to reinforce all community and public relations work of the
Corporation.
6.5. Term of Directors:
Each of the Directors shall serve for a term of one (1) year. All Directors shall be
permitted to serve an unlimited number of terms. The Chair Person and Vice Chair Person shall
be permitted to serve one full term in such capacity, and may serve additional terms subject to the
discretion of the Board of Directors.
6.6. Filling of Vacancies:
Upon the occurrence of any vacancies of a Director, the City's Mayor, with the
affirmative vote of the City Commission, shall designate a replacement to fill such vacancy.
Each person selected to fill such vacancy shall hold office for the unexpired term of his/her
predecessor in office.
6.7. Resignations:
Any Director may resign from his/her office at any time by delivering his/her resignation
in writing to the Chair Person and Vice Chair Person of the Corporation, and the acceptance of
such resignation, unless required by the terms thereof, shall not be necessary to make such
resignation effective.
6.8. Removal of Directors:
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Any Director may be removed by the affirmative vote of the City Commission, provided
such Director has been given prior notice that the subject of his/her removal will be presented to
the City Commission at a duly noticed meeting.
ARTICLE VII
Meetings of Board of Directors
7.1. Meetings of Board of Directors:
Every meeting of persons who are Directors of the Corporation at which there is a
quorum shall be a meeting of the Board of Directors, and except as otherwise provided herein,
any action taken at such meeting shall be the action of the Board of Directors in so far as such
action is authorized by law.
7.2. Minutes:
Action taken at meetings of the Board of Directors shall be recorded in minutes. Such
minutes need not distinguish between the different types of meetings in which action is taken.
7.3. Annual Meeting, Other Meetings:
The Annual Meeting for the election of officers and for the transaction of such other
business as may properly come before the Directors shall be held on such day in the month of
September or October in each year at such time and place as the Board of Directors shall
determine and specify in the notice of meeting.
The Board of Directors shall meet on a monthly basis or as often as necessary to attend to
the business of the Corporation.
7.4. Regular Meetings:
Regular meetings, at which any action taken shall be action only of the Board of
Directors, shall be held on such days, times, and places as the Board of Directors shall determine.
7.5. Special Meetings:
Special meetings shall be called at any time by the Secretary, upon the request of the
Chair Person or upon the written demand, of any three Directors.
7.6. Time and Place of Meetings:
All meetings shall be held at such time and place within the City as may from time to
5
time be fixed by the Board of Directors or, in the case of regular meetings, as may be fixed by the
Chair Person or the Secretary and, in the case of annual meetings and special meetings, as may be
designated in the respective notices or waivers of notice thereof.
7.7. Waiver of Notice:
No notice of the time, place or purpose of any meeting of the Corporation or of any
meeting of the Board of Directors, or any publication thereof, whether prescribed by law, or by
these Articles of Incorporation, need be given to any person who attends such meeting, or who, in
writing, executed either before or after the holding thereof, waives such notice and such
attendance or waiver shall be deemed equivalent to notice.
7.8. Quorum and Voting:
A majority of the Directors shall constitute a quorum for the transaction of business by
the Directors, and whenever any corporate action is to be taken by vote of the Directors, it shall,
except as otherwise required herein or by law, be authorized by a majority of the votes cast at a
meeting of Directors. Except as otherwise provided by law or by these Articles of Incorporation,
the affirmative vote of at least three (3) Directors shall be the act of the Board, and in the absence
of a quorum, the Board shall take an adjournment until a quorum shall be present.
Subject to compliance with the provisions of the Florida Government in the Sunshine
Law which would apply to a government agency, any one or more Directors may participate in a
meeting of the Board by means of conference telephone or similar communications equipment
allowing all persons participating in a meeting to hear each other at the same time.
7.9. Presumption of Assent:
No Director may abstain from voting except for an asserted conflict of interest, which
must be stated on the record. A Director who is present at a meeting of the Board of Directors at
which action on any corporate matter is taken shall be presumed to have assented to the action
taken unless he/she votes against such action or abstains from voting because of an asserted
conflict of interest.
7.10. Attendance Requirements:
The Secretary shall maintain a record of attendance of the Directors at the regularly
scheduled Board meetings. At any time the Secretary finds that a Director has failed to attend
three (3) consecutive regularly scheduled meetings or half of all regular meetings in a twelve-
month period (a Director shall be deemed absent for this purpose if he or she is not present for at
least three-quarters of the meeting), the Secretary shall so advise the Chair Person and the Board.
Participation by conference telephone or similar communications equipment shall be credited as
attendance The Directors (other than the member reported for such failure to attend meetings)
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may remove such non-attending member from the Board by the affirmative vote of a majority of
all such Directors other than the non-attending member.
7.11. Financial Disclosure:
Directors shall file the same Florida Financial Disclosure Statements required of
municipal officers.
7.12. The Sunshine Law:
The Board of Directors shall comply with Florida Government in the Sunshine Law in the
conduct of all its meetings to the same extent as if it were an elected body.
7.13. Public Records Act:
The Corporation shall comply with Florida Public Records Act as if it were a
governmental agency.
7.14 Annual Audit:
The Board of Directors shall provide for an annual audit of the funds and accounts of the
Corporation.
ARTICLE VIII
Election of Officers
8.1. Election of Officers:
At the first meeting and at each annual meeting of the Board of Directors, the Board of
Directors shall elect a Chair Person, Vice Chair Person, Secretary and a Treasurer, all of whom
shall be Directors. The Board may also appoint one or more Assistant Secretaries and Assistant
Treasurers, who need not be Directors. Officers of the Corporation shall serve without
compensation. An Officer which has been bestowed an office by the Board may be removed
from office by the affirmative vote of the Board, provided such Officer has been given the right
to a hearing prior to his/her removal from office.
8.2. Duties of Officers:
a. Chair Person:
The Chair Person shall preside at all meetings of members of the Board of Directors. The
Chair Person shall have such other duties as may be fixed by the Board of Directors.
7
b. Vice Chair Person:
The Vice Chair shall have such duties as may be fixed by the Board of Directors. In the
Chair's absence, the Vice Chair Person shall preside at meetings of members of the Board of
Directors.
c. Secretary:
The Secretary shall keep a record in permanent form of all meetings of the Board and
shall send out notices of all meetings of the Board of Directors. In the Chair Person and Vice
Chair Person's absence,the Secretary shall preside at meetings of members of the Board of
Directors.
d. Treasurer:
The Treasurer shall have the responsibility for the custody and investment of all funds
and assets of the Corporation and shall hold and disburse them in accordance with the
instructions of the Board of Directors. Handling of funds shall be subject to fiscal controls
required by the City Manager. The Treasurer shall insure that all monies belonging to the
Corporation are deposited in such banks as the City Commission shall designate, said monies to
be deposited to the account of the Don Soffer Aventura High School Foundation, Inc. The
Treasurer shall insure that true books of accounts are kept and shall make such reports as are
required by the Board or the Chair Person. Said books shall at all times be open to inspection by
any of the Directors. The Treasurer shall be bonded. The Treasurer shall serve as Chair Person of
the Finance Committee, if any. In the event of the Chair Person, Vice Chair Person and
Secretary's absence, the Treasurer shall preside at meetings of members of the Board of
Directors.
ARTICLE IX
Miscellaneous Provisions
9.1. Staff Functions:
Staff shall perforin the day-to-day operations of the Corporation and such duties and
personnel shall be pursuant to a plan provided by the City Manager and approved by the City
Commission.
9.2. Startup Costs:
The City shall initially grant to the Corporation an amount not to exceed Five Thousand
and No/100 Dollars ($5,000.00) to be used for the initial startup costs of the Corporation.
8
9.3. Execution of Corporate Instruments:
The Board of Directors may designate the officers and agents who shall have authority to
execute any instrument on behalf of the Corporation. When the execution of any contract,
conveyance or other instrument arises in the ordinary course of the Corporations activities, or has
been authorized without specification of the executing officers, any two of the officers may
execute the same in the name and behalf of the Corporation and may affix the corporate seal
thereto. No person holding more than one office shall execute, acknowledge or verify an
instrument in more than one capacity.
9.4. Depositories:
All monies, securities and other valuables of the Corporation shall be deposited in the
name of the Corporation in such banks, trust companies, or corporate safe deposit vaults as the
City Manager from time to time shall designate for such purposes, and shall be withdrawable
only by check or orders signed by the personal signature of such officers or agents as may be
designated from time to time by the City Manager and the Treasurer of the Corporation. At least
two signatures shall be required on all such checks or orders.
9.5. Indemnification of Officers and Directors:
Each person who acts as a Director or Officer of the Corporation shall be indemnified by
the Corporation against any costs and expenses which may be imposed upon or reasonably
incurred by him/her in connection with any action, suit or proceeding in which he/she may be
named as a party defendant by reason of his/her being or having been such Director or Officer, or
by reason of any action alleged to have been taken or omitted by him/her in either such capacity;
provided however, that the Corporation shall not indemnify any such person against any costs or
expenses imposed upon or incurred by him/her in relation to matters as to which he/she shall be
finally adjudged to be liable to the Corporation for negligence, misconduct or any other cause, or
for any sum paid by him to the Corporation in settlement of an action, suit or proceeding based
on his/her alleged dereliction of duty. This right of indemnification shall inure to each Director
and Officer whether or not he/she is such Director or Officer at the time such costs or expenses
are imposed or incurred, and whether or not the claim asserted against him/her is based on
matters which antedate the adoption of these Articles of Incorporation; and in the event of his/her
death shall extend to his/her legal representatives. Each person who shall act as Director or
Officer shall he deemed to be doing so in reliance upon such right of indemnification; and such
right shall not be exclusive of any other right which he/she may have. The Corporation shall have
power to purchase and maintain insurance to indemnify the Corporation and its Directors and
Officers to the full extent such insurance is permitted by law.
9.6. Parliamentary Authority:
9
Roberts Rules of Order Revised shall govern the proceedings of the Corporation,
including its Board and Committees, to the extent applicable and consistent with these Articles of
Incorporation and any Bylaws.
9.7. Corporate Records:
Corporate records shall be available for open review according to federal and state
regulations. Such records shall be located in Aventura and shall remain in the custody of the
Secretary of the Board. The location of the records shall be specified to the City Clerk and the
City Clerk shall be provided access to the records at all times.
9.8. Fiscal Year:
The fiscal year of the Corporation shall be October 1 through September 30 of each year.
9.9. No Discrimination
The Corporation shall not adopt any measure or policy or otherwise discriminate against
any person due to race, religion, color, national origin, physical or mental disability, creed, sexual
preference or sex.
ARTICLE X
Amendment of Articles of Incorporation
Subject to the approval of the City Commission, the Articles of Incorporation of this
Corporation may, in any particular, be repealed, and new Articles of Incorporation, not
inconsistent with any provision of law, may be adopted, by the affirmative vote of two-thirds of
the Directors, provided, however, that the Directors shall neither make nor alter any article
regarding their qualifications, classifications, or term of office, nor relating to the requirements of
a quorum for any meeting of the members of the Corporation, and that at least ten (10) days
notice of such proposed amendment shall have been furnished to all of the Directors. Any
proposed amendment(s) must be approved by a majority of the City Commission before
becoming effective.
ARTICLE XI
Dissolution
The City Commission may provide for dissolution of the Corporation. Upon dissolution,
all of the Corporation's assets remaining after payment of all costs and expenses of such
dissolution shall be distributed to the City Commission for use for the High School. Thereafter,
the City Commission shall distribute the assets to the donors pursuant to a formula set forth by
10
the City Commission if the High School is no longer operating. All unexpended funds given by
donations shall be subject to all costs and expenses for the operations of the Corporation.
Alternatively, if permitted by the Internal Revenue Code, the City Commission may distribute the
assets to another 501 (c) (3) entity which serves the City of Aventura community.
ARTICLE XII
Headings and Captions
The headings or captions of the various articles contained herein are inserted for
convenience only and none shall have any force or effect, and the interpretation of the various
articles shall not be influenced by any of said headings or captions.
ARTICLE XIII
Initial Registered Office and Registered Agent
The street address of the initial registered office of the Corporation shall be do Ronald J. Wasson,
19200 West Country Club Drive, Aventura, Florida 33180, and the initial registered agent of this
Corporation at such office shall be Mr. Ronald J. Wasson, who upon accepting this designation
agrees to comply with the provisions of Sections 48.091, 617.0203, 607.0501 and 607.0502,
Florida Statutes, as amended from time to time, with respect to keeping an office open for service
of process.
ARTICLE XIV
Incorporator
The name and address of the incorporator of the Corporation is as follows:
Mr. Ronald J. Wasson
City Manager
City of Aventura
19200 West Country Club Drive
Aventura,Florida 33180
IN WITNESS WHEREOF, I, the undersigned incorporator, have executed these Articles
of Incorporation this day of , 2019.
RONALD J. WASSON
11
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Before me, the undersigned authority, personally appeared RONALD J. WASSON, to me
known to be the person who executed the foregoing Articles of Incorporation,and he acknowledged
before me that he executed the same for the purposes therein mentioned and set forth. He [X] is
personally known to me or [ ] provided as identification.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day
of , 2019.
Signature of Notary
Name of Notary:
My Commission Expires:
(NOTARY SEAL)
12
CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR
THE SERVICE OF PROCESS WITHIN FLORIDA AND
AGENT UPON WHOM PROCESS MAY BE SERVED
In compliance with Sections 48.091 and 617.0502, Florida Statutes, the following is
submitted:
Don Soffer Aventura High School Foundation, Inc., (the "Corporation"), desiring to
organize as a Florida corporation not-for-profit, has named and designated Ronald J. Wasson, City
Manager of the City of Aventura, as its Registered Agent to accept service of process within the
State of Florida with its registered office located at 19200 West Country Club Drive, Aventura,
Florida 33180.
ACKNOWLEDGMENT
Having been named as Registered Agent for the Corporation at the place designated in this
Certificate, I hereby agree to act in this capacity; and I am familiar with and accept the obligations
of Section 617.0503, Florida Statutes, as the same may apply to the Corporation; and I further agree
to comply with the provisions of Section 48.091, Florida Statutes, and all other statutes, all as the
same apply to the Corporation relating to the proper and complete performance of my duties as
Registered Agent.
Dated this day of , 2019.
REGISTERED AGENT:
RONALD J. WASSON
13
CITY OF AVENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
#TOS City Commission
FROM: Ronald J Wasson, City Manager
BY: Joseph S Kroll, Public Works/Transportation Director
DATE: June 5, 2019 /✓/
SUBJECT: RFQ No. 19-03-22-2 - City of Aventura Engineering & Utility Locate
Services
June 11, 2019 City Commission Meeting Agenda Item b1
Recommendation:
It is recommended that the City Commission adopt the attached Resolution approving
RFQ No. 19-03-22-2 City of Aventura Engineering & Utility Locate Services ranking by
the Evaluation Committee which took place on Tuesday, April 30, 2019 as follows:
Kimley-Horn and Associates 1
Keith & Associates, Inc. DBA KEITH 2
Craven Thompson & Associates, Inc. 3
Calvin, Giordano &Associates, Inc. 4
Craig A Smith &Associates 5
Background:
The Request for Qualifications (RFQ) process was in accordance with the City's
Purchasing Ordinance. Proposals for this Engineering & Utility Locate Service RFQ
were solicited, advertised and opened on Friday, March 22, 2019 with nine (9) qualified
proposals received and were evaluated on Tuesday, April 30, 2019 by an evaluation
committee.
The proposals were based on qualifications for work to be performed in areas of Public
Works, Planning and Capitol Projects that can be used by the Departments on an as-
needed basis determined by the City for:
Construction Inspection
Site Plan Review
Storm Water (NPDES permitting)
Milling and Paving
Survey
City Commission
June 5, 2019
Page 2
All nine companies submitted qualified proposals, and the committee short listed and
evaluated the top five. The committee reviewed the RFQ's, presentations were heard
and they have determined that it is in the City's best interest to begin negotiations. This
process allows the City to negotiate reasonable costs for Engineering & Locate Services
starting with the highest ranked company.
JSK/gf
JSK19006
Attachments:
Exhibit "A" RFQ Proposal Tabulation
Exhibit "B" RFQ Oral Presentation Ranking
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE SHORT LIST FOR RFQ NO.
19-03-22-2, CITY OF AVENTURA ENGINEERING & UTILITY LOCATE
SERVICES AS PRESENTED BY THE EVALUATION COMMITTEE
CONTAINED IN EXHIBIT "A" AND EXHIBIT "B" ATTACHED;
AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS
WITH THE EVALUATION COMMITTEE'S TOP CHOICES;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the
various laws of the State of Florida and the Code of the City of Aventura, properly solicited
and accordingly accepted RFQ Proposals for RFQ NO. 19-03-22-2 CITY OF AVENTURA
ENGINEERING & UTILITY LOCATE SERVICES for City Engineering needs; and
WHEREAS, sealed proposals have been submitted to and received by the City
pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and
requirements for the project/work as cited above; and
WHEREAS, the Evaluation Committee has determined that Kimley-Horn and
Associates, Inc., Keith & Associates, Inc., and Craven Thompson & Associates, Inc.,
ranked as 1, 2, and 3 respectively, have submitted the most responsible and responsive
RFQ for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of approving said RFQ recommendations from the Evaluation
Committee;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That RFQ NO. 19-03-22-2, CITY OF AVENTURA ENGINEERING &
UTILITY LOCATE SERVICES for City Engineering needs is hereby approved per the
City of Aventura Resolution No. 2019-_
Evaluation Committee recommendation contained in the attached Evaluation Committee
ranking sheet.
Section 2. That the City Manager is hereby authorized to negotiate, on behalf
of the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to firms, specifications,
proposal and requirements.
Section 3. That the City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution in negotiating this
proposal/contract.
Section 4. 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 Numbers 001-5401-538-31-10.
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 Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
Page 2 of 3
City of Aventura Resolution No. 2019-_
PASSED AND ADOPTED this 11'h day of June, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF AVENTURA
ENGINEERING& UTILITY LOCATE SERVICES
RFP#: 19-03-22-2
Proposal Tabulation Sheet
Proposal Opened After:
2:00 P.M. on Friday, March 22, 2019
Company Name:
A&P Consulting Transportation Engineers Corp.
GPRS Gound Penetrating Radar Systems, LLC
Chen Moore&Associates
Calvin, Giordano &Associates, Inc.
Keith &Associates, Inc. dba KEITH
Kimley-Horn and Associates, Inc.
Craig A. Smith &Associates
Craven Thompson &Associates, Inc.
The Beta Jones Group
Offers listed from the vendors herein are the only offers received timely as of the above
opening date and time.
All other offers submitted in response to this solicitation, if any, are hereby rejected as late.
Algal
Signature: Indra ' . arju, . PB D. e
CITY OF AVENTURA
ENGINEERING&UTILITY LOCATE SERVICES
RFP#: 19-03-22-2
Oral Presentation Evaluation Committee Ranking
Tuesday,April 30, 2019
Public Assistant Public
Works/Transportat Community Works/Transporta Capital Projector Total
Company Name ion Director Development Director tion Director Manager Points Rank
Calvin,Giordano&Associates, Inc. 90 , 88 84 _ 82 344 , 4
Keith&Associates. Inc. dba KEITH 93 83 , 93 , 90_ 359_ 2
Kimley-Horn and Associates, Inc. 94 _ 93 , 94 93 374_ 1
Craig A. Smith&Associates 94 , 73 92 81 340 , 5
Craven Thompson&Associates. Inc. 91 92 90 83 356 3
Evaluation Committee Ranking Listed Total Score is based on Proposal Criteria as outlined on pages 13&14
of the above-referenced RFP under"Evaluation of Proposals"
. allaili 3—i 'l K X79
Signature: In:t'"���ju,CPPB /4 :2-(4-/Date
Memo
DATE: June 4,2019 Commission Agenda
TO: Honorable Mayor and Members oft City ommission
FROM: Ronald J. Wasson, City Manager
Brett J. Schneider, City Labor Atto ey
RE: Resolution Ratifying Memorandum of Understanding between the City and
Dade County Police Benevolent Association.
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution ratifying the
Memorandum of Understanding between the City of Aventura ("City") and the Dade County
Police Benevolent Association("PBA"), which amends the"Police Pension Plan and Trust Fund"
(the"Plan")'.
BACKGROUND
As you are aware, the City and the PBA ratified the current Collective Bargaining Agreement on
February 9, 2017, which includes various terms and conditions related to the Plan. Subsequently,
the Florida Division of Retirement contacted the City and expressed concerns about certain
provisions of the Plan relative to its compliance with statutory law. The Police Pension attorney,
Sugarman and Susskind, and the Police Pension actuary, Foster and Foster, recommended certain
changes to the Plan to address the Division of Retirement's compliance concerns. The City and
PBA recently agreed via Memorandum of Understanding to adopt the proposed changes, which
addresses retirement eligibility,Board of Trustees composition and deferred retirement option plan
(DROP)participation. The PBA ratified the Memorandum of Understanding on May 22, 2019.
HIGHLIGHTS AND SUMMARY
The main revisions of the Plan are as follows:
• Retirement Date. Effective October 1, 2018, a member may retire following the earlier
of: the completion of 22.5 years of credited service, regardless of age; or upon reaching
age 55 with at least ten years of credited service. Currently,the pension ordinance sets the
retirement date as the earlier of: the completion of 22.5 years of credited service,regardless
The corresponding changes to the City Code will be addressed via Ordinance in a separate agenda
item.
of age; or upon reaching age 57 with ten years of credited service. A member's accrued
benefit shall become 100 percent vested upon reaching the normal retirement date,but shall
not be less than the benefit that the member had accrued as of October 1, 2018.
• Benefit Rate:
o Based on reaching age 55 with 10 years. Effective June 4, 2019, a member may
receive a normal retirement benefit upon attaining age 55 with ten years of credited
service calculated using a 2.75% multiplier, but such member will not be eligible
to participate in the DROP. Such members are subject to an 80%pension maximum
for the first 29.091 years of service and a benefit rate of 2.75%per year for all years
of service over 29.091.
o Based on 22.5 or more years. Effective June 4, 2019, a member may receive a
service retirement benefit upon reaching 22.5 or more years of credited service
calculated using a 3%multiplier to a maximum of 80%for the first 29.091 years of
service. For service years in excess of 29.091, the normal retirement benefit shall
be calculated using a 2.75%multiplier for each year. Such member shall be eligible
to participate in the DROP, subject to the maximum DROP entry deadline.
o After reaching age 55 with at least 10 years, but fewer than 22.5 years. Effective
June 4,2019,a member may receive a delayed retirement benefit after reaching age
55 with at least 10 but fewer than 22.5 years of credited service. The benefit is
calculated by adding 0.01%to a 2.75%multiplier for each of the first 23 months of
service after attaining the normal retirement date of age 55 and 10 years of service,
and adding 0.02%for the 24th month of service after attaining the normal retirement
date of age 55 and 10 years of service until a maximum of 3% is reached. Then,
the total benefit rate is multiplied by the final monthly compensation, and by the
number of years of credited service to a maximum of 80 percent for the first 29.091
years of service. For all subsequent years of service,the delayed retirement benefit
shall be calculated using a 2.75%multiplier for each year in excess of 29.091. Such
member shall be eligible to participate in the DROP subject to the maximum DROP
entry deadline.
o Currently, the pension ordinance determines a normal retirement benefit using a
3% multiplier for all years of credited service to a maximum of 80 percent for the
first 40 years, and all subsequent years determined by using a 2% multiplier for
each year over 40.
• Early retirement:
o Effective June 4, 2019, a member receiving an early retirement benefit will not be
eligible to participate in the DROP.
o The early retirement benefit shall continue until the death of the member.
o The benefit shall be determined for normal or delayed retirement and then
actuarially reduced for the number of actual years and months at which the starting
date of the benefit precedes the normal or delayed retirement date, whichever
results in the greater benefit payment to the member.
o A member who leaves City service prior to eligibility for early service retirement
and has not received a refund of accumulated contributions,but who has completed
10 years of credited service, shall be entitled to receive early retirement benefits
upon or after attaining age 50 calculated according to the aforementioned actuarial
reduction formula.
• Deferred Retirement Option Plan (DROP). A member will be DROP eligible on the
earlier of the first day that he/she is eligible for service or delayed retirement, but with at
least 11 years of credited service and attainment of age 57. After the maximum period of
DROP participation,the member must terminate from employment as a City police officer.
Currently, the DROP participation period begins from the date a member completes 25
years of service, or age 57 with 11 years of service, though a delayed entry reduces the
DROP period.
• Board Composition. Members participating in the DROP may also serve as elected
trustees,but will not have voting rights in such elections. The chief of police may not serve
as or vote for an elected trustee if he/she opts to participate in another City sponsored
retirement plan in lieu of participating in the Plan.
cc: Ellisa L. Horvath, MMC, City Clerk
David M. Wolpin, City Attorney
3
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF
UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS
NECESSARY TO IMPLEMENT THE MEMORANDUM OF
UNDERSTANDING; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dade County Police Benevolent Association (the "Union") and
the City of Aventura, Florida (the "City") entered into a Collective Bargaining Agreement
for the period of October 1, 2016 to September 30, 2019 ("CBA"), which sets forth the
terms and conditions of employment of the City's police officers and sergeants; and
WHEREAS, the police officers and sergeants are members of the City of Aventura
Police Officers' Retirement Plan (the "Plan"), a defined benefit pension plan sponsored
by the City, the terms of which are codified in the City's Code of Ordinances ("Code")
and the CBA; and
WHEREAS, the Florida Division of Retirement recently contacted the City and
expressed concerns about certain pension provisions of the Code relative to its
compliance with statutory law; and
WHEREAS, the Police Pension attorney, Sugarman and Susskind, and the Police
Pension actuary, Foster and Foster, recommended certain changes to the Code to
address the Division of Retirement's compliance concerns; and
WHEREAS, the City and Union adopted the recommended changes amending
the Code via a Memorandum of Understanding ("MOU") as reflected in Exhibit "A"
attached hereto; and
WHEREAS, the City Commission finds that ratification of the MOU is in the best
interest of the City.
City of Aventura Resolution No. 2019-
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed
as being true and correct and are made a specific part of this Resolution.
Section 2. That the Memorandum of Understanding amending the Collective
Bargaining Agreement between the City and Union attached hereto as Exhibit "A" is
hereby approved.
Section 3. That the City Manager shall execute the Memorandum of
Understanding on behalf of the City.
Section 4: That this Resolution shall take effect immediately upon 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 Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Commissioner Marc Narotsky
Vice Mayor Denise Landman
Mayor Enid Weisman
PASSED AND ADOPTED this 11th day of June, 2019.
Page 2 of 3
City of Aventura Resolution No. 2019-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of
2019.
CITY CLERK
Page 3 of 3
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AVENTURA, FLORIDA AND THE
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
This Memorandum of Understanding is entered into this day of
2019 by and between the City of Aventura, Florida (the "City") and the Dade County Police
Benevolent Association (the "Union"). The City and the Union are collectively referred to as the
"Parties."
WHEREAS, the Parties entered into a Collective Bargaining Agreement for the period of
October 1, 2016 to September 30, 2019 ("CBA"), which sets forth the terms and conditions of
employment of the City's police officers and sergeants; and
WHEREAS,the police officers and sergeants are members of the City of Aventura Police
Officers' Retirement Plan (the "Plan"), a defined benefit pension plan sponsored by the City, the
terms of which are codified in the City's Code of Ordinances ("Code") and the CBA; and
WHEREAS, the City and Union have agreed to certain changes to the Code relative to
Plan benefits eligibility, deferred retirement option plan (DROP) participation and Board of
Trustees composition, which amends the Code as reflected in Exhibit "A" attached hereto; and
WHEREAS, because these changes constitute a mandatory subject of bargaining,they are
subject to mutual agreement by the Parties.
NOW,THEREFORE, the Parties agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. The Code shall be amended by the City as reflected in Exhibit "A" following the
ratification of this Memorandum of Understanding.
3. This Memorandum of Understanding shall become effective upon ratification by the
bargaining unit members represented by the PBA and by the City Commission,
whichever occurs later. In the event that this Memorandum of Understanding is not
fully ratified for any reason, it shall have no force or effect upon either party.
4. The Parties have had the opportunity to consult with legal counsel of their choosing
prior to executing this Memorandum of Understanding.
5. Other than as specifically set forth herein, this Memorandum of Understanding does
not modify the Parties' CBA.
6. The Parties agree that this Memorandum of Understanding represents the Parties' entire
agreement with regards to this subject matter, and that it cannot be amended or
modified without express written consent.
DADE COUNTY POLICE CITY OF AVENTURA,FLORIDA
BENEVOLENT ASSOCIATION
By: By:
John Rivera Ronald J. Wasson
President City Manager
Section 36-22. Definitions.
Member shall mean a police officer actively employed by the City for whom contributions to the Retirement
Plan are made as required by this article. Members shall also include retired police officers and those police
officers participating in the DROP established by section 36-35. The chief of police cher
• . :. : , shall have the option to participate in this plan or another
city sponsored Retirement Plan. Should the chief of police opt to participate in another city sponsored
Retirement Plan,the chief of police may not serve as or vote for an elected trustee.
Police officer shall mean any person employed by the City police department for whom contributions are
made or picked up to the Retirement Plan as required by this article or who participates in the DROP
established by section 36-35 and who is certified as a police officer as a condition of employment in
accordance with the provisions of F.S. § 943.1395, and who is vested with the authority to bear arms and
make arrests,and whose primary responsibility is the prevention and detection of crime or the enforcement
of the penal,criminal,traffic,or highway laws of the State,including supervisory and managerial personnel.
Sec. 36-23. -Administration of the Retirement Plan.
(a) The sole and exclusive administration of, and the responsibility for the proper, effective
operation of the Retirement Plan and for implementing the provisions of this article is vested in a
Board of Trustees.
(b) The Board of Trustees shall consist of five persons; two of whom shall be legal residents
of the City of Aventura and who shall be appointed by the City Commission from a list provided
by the City Manager. Two members of the Board of Trustees shall be police officers elected by a
majority of the police officers who are active members of the plan. Police officers participating in
the DROP established by section 36-35 may serve as elected trustees but may not vote in such
elections. A fifth member of the Board shall be chosen by a majority of the other four Trustees,
and such person's name shall be submitted to the City Commission for appointment. The City
Commission shall appoint the fifth member selected by the other four Trustees as a ministerial
duty.
(c) All Trustees shall serve a term of four years_.-If a vacancy shall occur prior to the expiration
of a member's term due to the resignation of a trustee, an elected trustee no longer being employed
as a full-time City police officer, or an appointed trustee no longer residing in the City a
replacement member shall be chosen in the same manner as the person who has left office. A
replacement Trustee shall serve a full four year term measured from the date of replacement. All
Trustees shall serve until their replacements are selected.
Section 36-26. Service Retirement.
(a) Retirement date.
i. Prior to October 1, 2018, a member may retire on the first day of the month coincident
with or next following the earlier of: the date upon which the member completes 25
years of credited service, regardless of age; or the date upon which the member attains
age 55 with ten years of credited service. There shall be no mandatory retirement age.
ii. -Effective October 1, 2018, a member may retire on the first day of the month
coincident with or next following the earlier of: the date upon which the member
completes 22.5 years of credited service, regardless of age; or the date upon which
the member attains age 3755 with at least ten years of credited service.
Any provision of this plan to the contrary notwithstanding, a member's accrued
benefit shall become 100 percent vested upon the attainment of the normal retirement
date and shall not be less than the benefit that the member had accrued as of October
1,2018.
(b) Benefit rate
Q) Normal retirement A normal retirement benefit payable to a member retiring upon
attaining age 55 with ten years of credited service shall be determined by multiplying three
2.75 percent of final monthly compensation by the number of years of credited servicer-to
a maximum of 80 percent for the first 29.09110 years of service. For all subsequent }ear:
of sorviee. the normal ratirement benefit shall be determined he multiplying two 2.75
percent of final monthly compensation-by cach year in-e. 091 years ofs.:rvic
A member receiving a normal retirement benefit hereunder shall not be eligible to
participate in the DROP established by section 36-35.
(ii) Service retirement based on 22.5 or more years of service. A service retirement
benefit payable to a member retiring with 22.5 or more years of credited service shall be
determined by multiplying three percent of final monthly compensation by the number of
years of credited service to a maximum of 80 percent for the first 40-29.091 years of
service. For all subsequent years of service, the normal retirement benefit shall be
determined by multiplying twe-2.75 percent of final monthly compensation by each year
in excess of 4029.091 years of service. A member receiving a service retirement benefit
hereunder shall be eligible to participate in the DROP established by section 36-35 subject
to the Maximum DROP Entry Deadline thereof.
(iii) Delayed retirement. A delayed retirement benefit payable to a member retiring
after upon attaining age 55 with at least ten but less than 22.5 years of credited service shall
be determined by adding 0.01% to the 2.75%benefit rate set forth in (i) above for each of
the first 23 months of service after attaining the normal retirement date of age 55 and 10
years of service and adding 0.02% for the 24th month of service after attaining the normal
retirement date of age 55 and 10 years of service until a maximum of three percent is
reached and then multiplying the total benefit rate by final monthly compensation and by
the number of years of credited service to a maximum of 80 percent for the first 4029.091
years of service. For all subsequent years of service, the delayed retirement benefit shall
be determined by multiplying twe-2.75 percent of final monthly compensation by each year
in excess of 4429.091 years of service. A member receiving a delayed retirement benefit
hereunder shall be eligible to participate in the DROP established by section 36-35 subject
to the Maximum DROP Entry Deadline thereof.
(iv) Examples:
1. Age 55 with 10 or more years of credited service. A member retiring at age 55 with
10 or more years of credited service but less than 22.5 years of credited service
would have reached the normal retirement date based on age and service at age 55
so the member's total benefit rate would be 2.75%.
2. 56 with 10 years. A member retiring at age 56 with 10 years of credited service
would have reached the normal retirement date based on age and service at age 56
so the member's total benefit rate would be 2.75%.
3. 56 with 11 years. A member retiring at age 56 with 11 years of credited service
would have reached the normal retirement date based on age and service at age 55
so the member's total delayed retirement benefit rate would be 2.75 +.12% [12
months x 0.01%1 or 2.87%.
4. 56 with 12 or more years. A member retiring at age 56 with 12 or more years of
credited service but less than 22.5 years of credited service would have reached the
normal retirement date based on age and service at age 55, so the member's total
delayed retirement benefit rate would be 2.75 +.12% 112 months x 0.01%1 or
2.87%.
5. 57 with 10 years. A member retiring at age 57 with 10 years of credited service
would have reached the normal retirement date based on age and service at age 57
so the member's total benefit rate would be 2.75%.
6. 57 with Il years. A member retiring at age 57 with 11 years of credited service
would have reached the normal retirement date based on age and service at age 56
when the member had attained 10 years of service and was at least 55 years old, so
the member's total delayed retirement benefit rate would be 2.75% + 0.12% (12
months x 0.01%)or 2.87%.
7. 57 with 12 or more years. A member retiring at age 57 or later with 12 or more
years of credited service but less than 22.5 years of credited service would have
reached the normal retirement date based on age and service at age 55, so the
member's total delayed retirement benefit rate would be 2.75 + 0.25% (23 months
x 0.01%+ 1 month x .02%)or 3.0%
8. Any age with 22.5 or more years. A member of any age retiring with 22.5 or more
years of credited service would receive the service retirement benefit rate of 3%.
9. 80% cap applies. All of the above examples are subject to the 80% pension
maximum for the first 29.091 40 years of service and a benefit rate of 2.75%per
year for all years of service over 29.09140.
(c) All monthly serviee retirement benefits shall be payable on the first day of each month.
The benefit shall commence on the first day of the month coincident with or next following the
member's actual retirement and shall continue until and including the first day of the month of the
death of the member. In the event that a member shall retire in the middle of the month, the
retirement benefit shall commence on the first day of the following month, but the member shall
receive payment credit for the partial month preceding the actual date that payment commenced.
(d) Early retirement shall be available to an active member on the first day of the month
coincident with or next following attainment of age 45 and a completion of ten years of credited
service. Early retirement benefit recipients are not eligible to participate in the DROP established
by section 36-35.
(e) A member electing early retirement may choose to receive either a deferred payment or an
immediate payment under the following formula:
(1) A deferred payment shall commence on the normal retirement or delayed retirement
date of the member, as chosen by the member: .. - .. . .. - - -
- - - - -:' -: - - '--. A deferred payment shall be
determined in the same manner as a normal or delayed retirement,except that final monthly
compensation and credited service shall be based upon the early retirement date.
(2) An immediate retirement benefit may commence on the first day of the month
coincident with or next following the date of early retirement and continue to and including
the first day of the month of the death of the member. The benefit shall be determined for
normal or delayed retirement and then actuarially reduced for the number of actual years
and months at which the starting date of the benefit precedes the normal or delayed
retirement date whichever results in the greater benefit payment to the member.- The
normal retirement and delayed dates shall be as set forth in subsection (b) above.-the-date
actuarial reduction factor applied to the benefit shall be three percent for each year by
which the starting date of the benefit precedes the normal or delayed retirement date. For
example,the early retirement benefit of a member retiring early at age 45 with 20 years of
service shall be reduced by 306 percent (age 557—age 45 = 102 years x 3 percent=306
percent)from the normal retirement date of age 55 with a 2.75%benefit rate or reduced by
36% (age 57-age 45 = 12 years x 3 percent= 36%) from the delayed retirement date with
a 3% benefit rate, whichever results in the greater benefit payment to the member.
Sec. 36-29. - Vesting and termination.
(b) A member who shall leave the service of the City prior to eligibility for normal service
retirement or early service retirement and has not received a refund of the member's accumulated
contributions, but who has completed ten years of creditabled service shall be entitled to receive
retirement benefits commencing at the regular normal service retirement date set forth in section
36-26(b)(i), or early retirement benefits upon or after attaining age 50 calculated according to the
early formula set forth in section 36-26(e)(2). Such benefits will be based on final monthly
compensation and credited service as of the date of termination. .. • . . - .: . .• .-- -. --
who has been in the service of the municipality for at least ten years elects to leave his or her
Sec. 36-35. - Deferred retirement option program (DROP).
Effective October 1,2018, a deferred retirement option plan("DROP")will be created. A member
will be eligible to enter the DROP on the earlier of the first day that he/she is eligible for normal
service retirement as defined by section 36-26(b)(ii) or delayed retirement as defined in section
36-26(b)(iii)but with at least 11 years of credited service and attainment of age 57. Upon entering
the DROP,a member will no longer accrue credited service or additional pension benefits and will
no longer make employee contributions to the Retirement Plan. Instead,the amount of the monthly
pension benefit for the benefit option selected by the member will be credited to the member's
DROP account. The maximum period that a member may participate in the DROP is five years
After the maximum period of DROP participation, the member must terminate from employment
as a City police e€fieer—ofcer. DROP participation must beginning from by the earlier of the
date on which a member reaches 25 years of service or the date on which a member reaches age
57 with 11 years of service ("Maximum DROP Entry Deadlines"). A member may elect to enter
DROP after the foregoing dates, but his/her maximum participation in the DROP will be reduced
by the period of time in which the member delayed entry in the DROP after reaching either of the
foregoing Maximum DROP Entry Deadlines. The member's DROP account will be self-directed
by the member to mutual funds selected by the Retirement Plan's Board of Trustees from among
those offered by a vendor selected by the Board of Trustees. The available mutual funds and the
vendor may be changed from time to time by the Board of Trustees. Members will be solely
responsible for the gains and losses of their individual self-directed DROP accounts. Members
who elect to participate in the DROP shall be required to separate from City service at the
conclusion of the DROP period. A member's DROP shall be distributed to the member in a lump
sum,rollover,or a combination of both, as soon as administratively practicable and not more than
90 days following the conclusion of the DROP period or approval of the distribution by the
Retirement Plan Board of Trustees, whichever occurs last. Neither the City, the Retirement Plan,
nor its Board of Trustees shall have any liability or responsibility to guarantee the principal and/or
rate of return for a member's DROP assets. The DROP accounts, although self-directed separate
accounts,will remain part of the pension trust,and distributions from a member's account shall not
be permitted until termination of employment.
Memo
DATE: June 4,2019 Commission Agenda
T' : Honorable Mayor and Members of the City Commission
J t FROM: Ronald J. Wasson, City Manager
Brett J. Schneider,City Labor Attorney
RE: Ordinance that Amends Chapter 36 "Retirement," Article II "Police Pension
Plan and Trust Fund," Consistent with the Current Collective Bargaining
Agreement between the City and Dade County Police Benevolent Association
for the Period October 1,2016 through September 30,2019,and in Accordance
with a Subsequent Memorandum of Understanding between the Parties.
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance, which amends the
"Police Pension Plan and Trust Fund" (the "Plan") in a manner consistent with the current
Collective Bargaining Agreement ("Agreement") between the City of Aventura ("City") and the
Dade County Police Benevolent Association ("PBA") and the recently tentatively agreed to
Memorandum of Understanding ("MOU"), also attached, between the City and the PBA.
BACKGROUND
As you are aware, the City and the PBA ratified the Agreement on February 9, 2017, which
includes various terms and conditions related to the Plan. Subsequently, the Florida Division of
Retirement contacted the City and expressed concerns about certain pension provisions of the Code
relative to its compliance with statutory law. The Police Pension attorney, Sugarman and
Susskind, and the Police Pension actuary, Foster and Foster, recommended certain changes to the
Code to address the Division of Retirement's compliance concerns. The City and PBA recently
agreed via Memorandum of Understanding (MOU) to adopt the proposed changes, which
addressed retirement eligibility, Board of Trustees composition and deferred retirement option
plan(DROP)participation. The PBA ratified the MOU on May 22, 2019. The Ordinance, which
is a codification of the MOU,was drafted by the Police Pension attorney, Sugarman and Susskind,
and subsequently reviewed by the City Attorney's Office to confirm legal sufficiency.
HIGHLIGHTS AND SUMMARY
The main revisions of the Ordinance are as follows:
• Retirement Date. Effective October 1, 2018, a member may retire following the earlier
of: the completion of 22.5 years of credited service, regardless of age; or upon reaching
age 55 with at least ten years of credited service. Currently,the pension ordinance sets the
retirement date as the earlier of: the completion of 22.5 years of credited service,regardless
of age; or upon reaching age 57 with ten years of credited service. A member's accrued
benefit shall become 100 percent vested upon reaching the normal retirement date,but shall
not be less than the benefit that the member had accrued as of October 1,2018.
• Benefit Rate:
o Based on reaching age 55 with 10 years. Effective June 4, 2019, a member may
receive a normal retirement benefit upon attaining age 55 with ten years of credited
service calculated using a 2.75% multiplier, but such member will not be eligible
to participate in the DROP. Such members are subject to an 80%pension maximum
for the first 29.091 years of service and a benefit rate of 2.75%per year for all years
of service over 29.091.
o Based on 22.5 or more years. Effective June 4, 2019, a member may receive a
service retirement benefit upon reaching 22.5 or more years of credited service
calculated using a 3%multiplier to a maximum of 80%for the first 29.091 years of
service. For service years in excess of 29.091, the normal retirement benefit shall
be calculated using a 2.75%multiplier for each year. Such member shall be eligible
to participate in the DROP, subject to the maximum DROP entry deadline.
o After reaching age 55 with at least 10 years, hut fewer than 22.5 years. Effective
June 4,2019,a member may receive a delayed retirement benefit after reaching age
55 with at least 10 but fewer than 22.5 years of credited service. The benefit is
calculated by adding 0.01%to a 2.75%multiplier for each of the first 23 months of
service after attaining the normal retirement date of age 55 and 10 years of service,
and adding 0.02%for the 24`h month of service after attaining the normal retirement
date of age 55 and 10 years of service until a maximum of 3% is reached. Then,
the total benefit rate is multiplied by the final monthly compensation, and by the
number of years of credited service to a maximum of 80 percent for the first 29.091
years of service. For all subsequent years of service,the delayed retirement benefit
shall be calculated using a 2.75%multiplier for each year in excess of 29.091. Such
member shall be eligible to participate in the DROP subject to the maximum DROP
entry deadline.
o Currently, the pension ordinance determines a normal retirement benefit using a
3% multiplier for all years of credited service to a maximum of 80 percent for the
first 40 years, and all subsequent years determined by using a 2% multiplier for
each year over 40.
2
• Early retirement:
o Effective June 4,2019, a member receiving an early retirement benefit will not be
eligible to participate in the DROP.
o The early retirement benefit shall continue until the death of the member.
o The benefit shall be determined for normal or delayed retirement and then
actuarially reduced for the number of actual years and months at which the starting
date of the benefit precedes the normal or delayed retirement date, whichever
results in the greater benefit payment to the member.
o A member who leaves City service prior to eligibility for early service retirement
and has not received a refund of accumulated contributions, but who has completed
10 years of credited service, shall be entitled to receive early retirement benefits
upon or after attaining age 50 calculated according to the aforementioned actuarial
reduction formula.
• Deferred Retirement Option Plan (DROP). A member will be DROP eligible on the
earlier of the first day that he/she is eligible for service or delayed retirement, but with at
least 11 years of credited service and attainment of age 57. After the maximum period of
DROP participation,the member must terminate from employment as a City police officer.
Currently, the DROP participation period begins from the date a member completes 25
years of service, or age 57 with 11 years of service, though a delayed entry reduces the
DROP period.
• Board Composition. Members participating in the DROP may also serve as elected
trustees,but will not have voting rights in such elections. The chief of police may not serve
as or vote for an elected trustee if he/she opts to participate in another City sponsored
retirement plan in lieu of participating in the Plan.
cc: Ellisa L. Horvath, MMC, City Clerk
David M. Wolpin, City Attorney
3
ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED
IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; BY
AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION
36-23 "ADMINISTRATION OF THE RETIREMENT PLAN" TO ADDRESS
BOARD COMPOSITION; BY AMENDING SECTION 36-26 "SERVICE
RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY
AMENDING SECTION 36-29 "VESTING AND TERMINATION" TO
REVISE VESTING CRITERIA; BY AMENDING SECTION 36-35
"DEFERRED RETIREMENT OPTION PROGRAM" TO REVISE DROP
PARTICIPATION; 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 Dade County Police Benevolent Association (the
"Union") recently tentatively agreed to a Memorandum of Understanding ("MOU")wherein
the parties agreed to amend the Plan to address certain concerns broached by the Florida
Division of Retirement; and
WHEREAS, the Plan should be amended to conform with the collectively
bargained changes to the Plan as set forth in the MOU; and
WHEREAS, prior to Second Reading of this Ordinance, the City Commission
received and reviewed an actuarial impact statement concerning said changes and finds
that it is in the best interest of the City and its employees to amend the Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA':
' Words in strikeeet type are deletions from existing text and word in underline type are additions to existing text.
City of Aventura Ordinance No. 2019-
Section 1. That each of the above-stated recitals are hereby adopted and
confirmed.
Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-22, "Definitions," of the City Code of Ordinances be amended as
follows:
Sec. 36-22. - Definitions.
Member shall mean a police officer actively employed by the City for whom
contributions to the Retirement Plan are made as required by this article.
Members shall also include retired police officers and those police officers
participating in the DROP established by section 36-35. The chief of police
have the option to participate in this plan or another city sponsored
Retirement Plan. Should the chief of police opt to participate in another city
sponsored Retirement Plan, the chief of police may not serve as or vote for
an elected trustee.
Police officer shall mean any person employed by the City police
department for whom contributions are made or picked up to the Retirement
Plan as required by this article or who participates in the DROP established
by section 36-35 and who is certified as a police officer as a condition of
employment in accordance with the provisions of F.S. § 943.1395, and who
is vested with the authority to bear arms and make arrests, and whose
primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway laws of the State,
including supervisory and managerial personnel.
Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-23, "Administration of the Retirement Plan," of the City Code of
Ordinances be amended as follows:
Page 2 of 10
City of Aventura Ordinance No. 2019-
Sec. 36-23. -Administration of the Retirement Plan.
(a) The sole and exclusive administration of, and the responsibility for
the proper, effective operation of the Retirement Plan and for implementing
the provisions of this article is vested in a Board of Trustees.
(b) The Board of Trustees shall consist of five persons; two of whom
shall be legal residents of the City of Aventura and who shall be appointed
by the City Commission from a list provided by the City Manager. Two
members of the Board of Trustees shall be police officers elected by a
majority of the police officers who are active members of the plan. Police
officers participating in the DROP established by section 36-35 may serve
as elected trustees but may not vote in such elections. A fifth member of
the Board shall be chosen by a majority of the other four Trustees, and such
person's name shall be submitted to the City Commission for appointment.
The City Commission shall appoint the fifth member selected by the other
four Trustees as a ministerial duty.
(c) All Trustees shall serve a term of four years_ If a vacancy shall occur
prior to the expiration of a member's term due to the resignation of a trustee,
an elected trustee no longer being employed as a full-time City police
officer, or an appointed trustee no longer residing in the City a replacement
member shall be chosen in the same manner as the person who has left
office. A replacement Trustee shall serve a full four year term measured
from the date of replacement. All Trustees shall serve until their
replacements are selected.
Section 4. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-26, "Service retirement benefit," of the City Code of Ordinances
be amended as follows:
Section 36-26. Service retirement benefit.
(a) Retirement date.
i. Prior to October 1, 2018, a member may retire on the first day of the month
coincident with or next following the earlier of: the date upon which the
member completes 25 years of credited service, regardless of age; or the
date upon which the member attains age 55 with ten years of credited
service. There shall be no mandatory retirement age.
ii. -Effective October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon which
the member completes 22.5 years of credited service, regardless of age; or
Page 3 of 10
City of Aventura Ordinance No. 2019-_
the date upon which the member attains age 5755 with at least ten years of
credited service.
6iii. Any provision of this plan to the contrary notwithstanding, a member's
accrued benefit shall become 100 percent vested upon the attainment of
the normal retirement date and shall not be less than the benefit that the
member had accrued as of October 1, 2018.
(b) Benefit rate
f Normal retirement A normal retirement benefit payable to a member
retiring upon attaining age 55 with ten years of credited service shall be
determined by multiplying three 2.75 percent of final monthly compensation
by the number of years of credited service,to a maximum of 80 percent for
the first 29.09140 y ars of service. For all subsequent ygars of service, the
normal-retirement benefit shall be determined by multiplying two 2.75
years of service,. A member receiving a normal retirement benefit hereunder
shall not be eligible to participate in the DROP established by section 36-
35.
fla Service retirement based on 22.5 or more years of service. A service
retirement benefit payable to a member retiring with 22.5 or more years of
credited service shall be determined by multiplying three percent of final
monthly compensation by the number of years of credited service to a
maximum of 80 percent for the first 40-29.091 years of service. For all
subsequent years of service, the normal retirement benefit shall be
determined by multiplying twe-2.75 percent of final monthly compensation
by each year in excess of 4029.091 years of service. A member receiving
a service retirement benefit hereunder shall be eligible to participate in the
DROP established by section 36-35 subject to the Maximum DROP Entry
Deadline thereof.
fiii) Delayed retirement. A delayed retirement benefit payable to a
member retiring after upon-attaining age 55 with at least ten but less than
22.5 years of credited service shall be determined by adding 0.01% to the
2.75% benefit rate set forth in 0) above for each of the first 23 months of
service after attaining the normal retirement date of age 55 and 10 years of
service and adding 0.02% for the 24th month of service after attaining the
normal retirement date of age 55 and 10 years of service until a maximum
of three percent is reached and then multiplying the total benefit rate by final
monthly compensation and by the number of years of credited service to a
maximum of 80 percent for the first 4029.091 years of service. For all
subsequent years of service, the delayed retirement benefit shall be
determined by multiplying two-2.75 percent of final monthly compensation
by each year in excess of 4029.091 years of service. A member receiving
a delayed retirement benefit hereunder shall be eligible to participate in the
DROP established by section 36-35 subject to the Maximum DROP Entry
Deadline thereof.
Page 4 of 10
City of Aventura Ordinance No. 2019-
(iv) Examples:
1. Ade 55 with 10 or more years of credited service. A member retiring at age
55 with 10 or more years of credited service but less than 22.5 years of
credited service would have reached the normal retirement date based on
age and service at age 55, so the members total benefit rate would be
2.75%.
2. 56 with 10 years. A member retiring at age 56 with 10 years of credited
service would have reached the normal retirement date based on age and
service at age 56, so the member's total benefit rate would be 2.75%.
3. 56 with 11 years. A member retiring at age 56 with 11 years of credited
service would have reached the normal retirement date based on age and
service at age 55, so the member's total delayed retirement benefit rate
would be 2.75 +.12% 112 months x 0.01%1 or 2.87%.
4. 56 with 12 or more years. A member retiring at age 56 with 12 or more years
of credited service but less than 22.5 years of credited service would have
reached the normal retirement date based on age and service at age 55, so
the member's total delayed retirement benefit rate would be 2.75 +.12%
112 months x 0.01%1 or 2.87%.
5. 57 with 10 years. A member retiring at age 57 with 10 years of credited
service would have reached the normal retirement date based on age and
service at age 57, so the member's total benefit rate would be 2.75%.
6. 57 with 11 years. A member retiring at age 57 with 11 years of credited
service would have reached the normal retirement date based on age and
service at age 56 when the member had attained 10 years of service and
was at least 55 years old, so the member's total delayed retirement benefit
rate would be 2.75% + 0.12% (12 months x 0.01%) or 2.87%.
7. 57 with 12 or more years. A member retiring at age 57 or later with 12 or
more years of credited service but less than 22.5 years of credited service
would have reached the normal retirement date based on age and service
at age 55, so the members total delayed retirement benefit rate would be
2.75 + 0.25% (23 months x 0.01% + 1 month x .02%) or 3.0%
8. Any age with 22.5 or more years. A member of any age retiring with 22.5 or
more years of credited service would receive the service retirement benefit
rate of 3%.
9. 80% cap applies. All of the above examples are subiect to the 80% pension
maximum for the first 29.091 40 years of service and a benefit rate of 2.75%
per year for all years of service over 29.09140.
(c) All monthly sewice retirement benefits shall be payable on the first
day of each month. The benefit shall commence on the first day of the month
coincident with or next following the member's actual retirement and shall
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City of Aventura Ordinance No. 2019-
continue until and including the first day of the month of the death of the
member. In the event that a member shall retire in the middle of the month,
the retirement benefit shall commence on the first day of the following
month, but the member shall receive payment credit for the partial month
preceding the actual date that payment commenced.
(d) Early retirement shall be available to an active member on the first
day of the month coincident with or next following attainment of age 45 and
a completion of ten years of credited service. Early retirement benefit
recipients are not eligible to participate in the DROP established by section
36-35.
(e) A member electing early retirement may choose to receive either a
deferred payment or an immediate payment under the following formula:
(1) A deferred payment shall commence on the normal retirement or
delayed retirement date of the member as chosen by the member- Thic
of credited cPrvice A deferred payment shall be determined in the same
manner as a normal or delayed retirement, except that final monthly
compensation and credited service shall be based upon the early retirement
date.
(2) An immediate retirement benefit may commence on the first day of
the month coincident with or next following the date of early retirement and
continue to and including the first day of the month of the death of the
member. The benefit shall be determined for normal or delayed retirement
and then actuarially reduced for the number of actual years and months at
which the starting date of the benefit precedes the normal or delayed
retirement date whichever results in the greater benefit payment to the
member.- The normal retirement and delayed dates shall be as set forth in
subsection (b)above. • - - - _ - - • • - •• - •• 2 " : • - - •
• - - - -• - • -. The actuarial reduction factor
applied to the benefit shall be three percent for each year by which the
starting date of the benefit precedes the normal or delayed retirement date.
For example, the early retirement benefit of a member retiring early at age
45 with 20 years of service shall be reduced by 306 percent (age 557—age
45 = 102 years x 3 percent = 306 percent) from the normal retirement date
of age 55 with a 2.75% benefit rate or reduced by 36% (age 57-age 45 = 12
years x 3 percent= 36%)from the delayed retirement date with a 3% benefit
rate, whichever results in the greater benefit payment to the member.
Section 5. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-29, "Vesting and termination," of the City Code of Ordinances be
amended as follows:
Page 6 of 10
City of Aventura Ordinance No. 2019-_
Sec. 36-29. -Vesting and termination.
(b) A member who shall leave the service of the City prior to eligibility
for normal service retirement or early service retirement and has not
received a refund of the members accumulated contributions, but who has
completed ten years of creditabled service shall be entitled to receive
retirement benefits commencing at the regular normal service retirement
date set forth in section 36-26(b)(i), or early retirement benefits upon or after
attaining age 50 calculated according to the early formula set forth in section
36-26(e)(2). Such benefits will be based on final monthly compensation and
credited service as of the date of termination. if any deferred vectod
y ars ciccts to I ave his or her accrued contributions with the plan, the
Section 6. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-35, "Deferred Retirement Option Program (DROP)," of the City
Code of Ordinances be added as follows:
Sec. 36-35. - Deferred retirement option program (DROP).
Effective October 1, 2018, a deferred retirement option plan ("DROP") will
be created. A member will be eligible to enter the DROP on the earlier of
the first day that he/she is eligible for normal service retirement as defined
by section 36-26(b)(ii) or delayed retirement as defined in section 36-
26(b)(iii) but with at least 11 years of credited service and attainment of age
57. Upon entering the DROP, a member will no longer accrue credited
service or additional pension benefits and will no longer make employee
contributions to the Retirement Plan. Instead, the amount of the monthly
pension benefit for the benefit option selected by the member will be
credited to the member's DROP account. The maximum period that a
member may participate in the DROP is five years. After the maximum
period of DROP participation, the member must terminate from employment
as a City police officer-officer. DROP participation must beginaiag from by
the earlier of the date on which a member reaches 25 years of service or
the date on which a member reaches age 57 with 11 years of service
("Maximum DROP Entry Deadlines"). A member may elect to enter DROP
after the foregoing dates, but his/her maximum participation in the DROP
will be reduced by the period of time in which the member delayed entry in
Page 7 of 10
City of Aventura Ordinance No. 2019-
the DROP after reaching either of the foregoing Maximum DROP Entry
Deadlines. The member's DROP account will be self-directed by the
member to mutual funds selected by the Retirement Plan's Board of
Trustees from among those offered by a vendor selected by the Board of
Trustees. The available mutual funds and the vendor may be changed from
time to time by the Board of Trustees. Members will be solely responsible
for the gains and losses of their individual self-directed DROP accounts.
Members who elect to participate in the DROP shall be required to separate
from City service at the conclusion of the DROP period. A member's DROP
shall be distributed to the member in a lump sum, rollover, or a combination
of both, as soon as administratively practicable and not more than 90 days
following the conclusion of the DROP period or approval of the distribution
by the Retirement Plan Board of Trustees, whichever occurs last. Neither
the City, the Retirement Plan, nor its Board of Trustees shall have any
liability or responsibility to guarantee the principal and/or rate of return for a
member's DROP assets. The DROP accounts, although self-directed
separate accounts, will remain part of the pension trust, and distributions
from a member's account shall not be permitted until termination of
employment.
Section 7. Repeal. All sections or parts of sections of the Code of Ordinances
of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts
of resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
Section 8. Severability. Should any section or provision of this Ordinance, or
any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a
part hereof, other than the part declared to be invalid.
Section 9. Inclusion in the Code. It is the intention of the City Commission of
the City of Aventura that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Aventura and that the sections of this
Ordinance may be renumbered or relettered and the word "ordinance" may be changed
to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Page8 of 10
City of Aventura Ordinance No. 2019-_
Section 10. Effective Date. This Ordinance shall be effective upon passage by
the City Commission on second reading.
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on first reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
Page 9 of 10
City of Aventura Ordinance No. 2019-
PASSED on first reading this 11th day of June, 2019.
PASSED AND ADOPTED on second reading this 9th day of July, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 10 of 10
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manag>
DATE: May 29`h, 2019
SUBJECT: Ordinance Granting Peoples Gas System a Non-Exclusive Franchise
1st Reading May 7, 2019 City Commission Meeting Agenda Item /54._
2nd Reading June 11, 2019 City Commission Meeting Agenda Item ,A-
RECOMMENDATION
It is recommended the City Commission approve the attached Ordinance granting a
non-exclusive franchise to Peoples Gas System, A Division of Tampa Electric
Company (TECO), establishing a franchise fee effective retroactively to October 1st,
2011.
BACKGROUND
The City entered into a franchise agreement with Peoples Gas System, a Division of
Tampa Electric Company, a Florida Corporation on October 2, 1996, pursuant to City
Ordinance No. 96-19. That agreement expired on September 30, 2011. Normally, these
types of franchise agreements are for 30 years and although the agreement expired,
Peoples Gas System has been honoring the expired agreement to date. This new
agreement will be for 30 years and be retroactively dated to October 1, 2011 and expire
on September 30, 2041. The current franchise agreement was updated to include the
language in Section #5 to make clear going forward, the City of Aventura will be entitled
to all revenues generated from the sale and transportation of gas to customers in the
city. This will significantly affect the franchise fees collected from approximately
$10,000 to $90,000 dollars annually.
The highlights of the agreement are as follows:
• Term will be for thirty (30) years.
• Peoples Gas System will continue to pay 6% of gross revenues to City for
gas sold and or transported to Aventura customers.
Memo to City Commission
Page 2
• The franchise fee will be paid to the City monthly, rather than quarterly in
the initial agreement.
• Peoples Gas System will indemnify the City and hold harmless for any
damages, claims, liability, losses and causes of action arising out of any
operations or maintenance of the distribution system, facilities,
equipment and vehicles due to negligence.
The City Attorney has prepared the Ordinance and it was reviewed by staff and
approved by Peoples Gas System.
If you have any questions regarding this franchise agreement, please contact me at
your convenience.
Attachment
CC01799-19
ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC
COMPANY, A FLORIDA CORPORATION, A NONEXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING PEOPLES
GAS SYSTEM TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS
OF THE CITY, FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING, OPERATING AND EXTENDING GAS LINES IN THE
STREETS AND PUBLIC PLACES OF SAID CITY THEREON AND
THEREUNDER; PROVIDING FOR A FRANCHISE FEE; PROVIDING
THE TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura finds that it continues to be in the public interest
to ensure that all areas within its limits are adequately provided with high-quality and
reliable gas service; and
WHEREAS, the City of Aventura finds it in the public interest to retain control
over the use of public rights-of-way by providers of gas to ensure against interference
with the public convenience, to promote aesthetic considerations, to promote planned
and efficient use of limited right-of-way space, and to protect the public investment of
right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive
franchises is the best means of assuring that the above-described interests of the City
of Aventura are promoted; and
WHEREAS, the City Commission desires to continue to grant a Franchise to
Peoples Gas System, a division of Tampa Electric Company, a Florida Corporation, (the
"Company") in place of the initial Franchise which was previously granted to Peoples
Gas System by the City on October 2, 1996, pursuant to City Ordinance No. 96-19, as
provided herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section1. Recitals Adopted. The above recitals are hereby adopted and are
incorporated herein.
Section 2. Definitions.
For the purpose of this ordinance, the following terms and words shall have the
meaning given herein, as follows:
City of Aventura Ordinance No. 2019-
A. "Customer" shall mean any Person served by the Company within the
corporate limits of the City.
B. "City" shall mean the City of Aventura, in Miami-Dade County, Florida, and
City's permitted successor and assigns.
C. "Company" shall mean Peoples Gas System, a division of Tampa Electric
Company, a Florida corporation, and its permitted successors and
assigns.
D. "Distribution System" shall mean any and all transmission pipe lines, main
pipe lines and service lines, together with all tubes, traps, vents, vaults,
manholes, meters, gauges, regulators, valves, conduits, attachments,
structures and other appurtenances, as are used or useful in the sale,
distribution, transportation or delivery of Natural Gas and as are situated
within the corporate limits of the City.
E. "Effective Date" shall mean the date this Franchise becomes Effective as
described in Sections 23 and 27 below.
F. "Franchise" or "Franchise Agreement" shall mean this Agreement, as
passed and adopted by the City and accepted by the Company, as
provided in Section 23 below.
G. "FPSC" shall mean the Florida Public Service Commission or any
successor agency.
H. "Gross Revenues" shall mean all revenues (as defined by the Florida
Public Service Commission) received by the Company from any Customer
from the sale, transportation, distribution or delivery of Gas.
"Person" shall mean any individual, firm, partnership, estate, corporation,
company or other entity, including, but not limited to, any government
entity.
J. "Natural Gas" or "Gas" shall mean natural gas and/or manufactured gas
and/or a mixture of gases which is distributed in pipes and measured by
meter on the Customer's premise. It shall not mean propane gas or
liquefied petroleum gas (commonly referred to as "bottled gas").
K. "Right-of-way" means any street, road, lane, highway, avenue, boulevard,
alley, waterway, bridge, easement, public place or other right-of-way that
is owned or controlled by the City.
Page 2 of 9
City of Aventura Ordinance No. 2019-
Section 3. Grant of Franchise. Permission is hereby granted Company to construct,
erect, suspend, install, extend, renew, repair, maintain, operate and conduct within the
limits of this franchise, a system for distribution of gas for all purposes whatsoever upon,
along, under and over the public roads, streets, and rights-of-way of the City of
Aventura.
Section 4. Terms and Limits of Franchise. This franchise is granted for a period of
30 years from and after the October 1, 2011 scheduled expiration date of the initial
franchise which was granted pursuant to Ordinance No. 96-19 (the "Initial Franchise"),
and covers the following geographical area: The corporate limits of the City of Aventura
as set forth in the Charter of the City of Aventura, as said description is amended from
time to time. Company agrees that the limits of the franchise are subject to expansion or
reduction by annexation and contraction of municipal boundaries and that Company has
no vested right in a specific area.
Section 5. Franchise Fee; Payments. In consideration of the rights, privileges and
franchises herein granted, and to defray the cost of regulating the Company's activities
under this franchise, the Company shall pay to the City annually a sum equal to six
percent (6%) of the Gross Revenues of the Company from the sale, distribution,
transportation or delivery of gas to residential, commercial and industrial customers
within the corporate limits of the City. In the event the Company is granted a franchise
from another Florida municipality or government entity that requires the Company to pay
a franchise fee in excess of six percent, then the City shall be entitled to the higher
franchise fee once it requests so in writing to the Company. Impositions by the City will
not be credited to or deducted from the franchise fee. The annual payment shall be
made to the City for each year that the permission granted herein is in effect and shall
be made to the City in monthly installments, in lieu of the quarterly payment method
which was used under the Initial Franchise. Payments shall be payable to the City of
Aventura, Attention: Finance Department, during regular business hours of the City.
Section 6. Transferability. The Company shall not sell or transfer any portion of its
plant or Distribution System to another, nor transfer any rights under this franchise to
another without City's prior written approval. The City Commission will not unreasonably
withhold its consent to the transfer of this franchise. Notwithstanding the foregoing,
Company may transfer or assign any portion of its plant or Distribution System or the
franchise or any rights hereunder to its parent company or any other affiliate without
City's prior approval. Company shall notify City of any such transfer or assignment. No
such sale or transfer shall be effective until the vendee, assignee or lessee has filed
with the City, Attention: City Manager, an instrument, duly executed, reciting the fact of
such sale, assignment or lease, accepting the terms of the franchise, and agreeing to
perform all the conditions thereof.
Section 7. Forfeiture of This Franchise. Failure by the Company to comply in any
substantial respect with any of the provisions, terms, or requirements of this franchise
shall result in a forfeiture. Said forfeiture shall be effective upon a finding by a court of
competent jurisdiction that Company has substantially breached any of the provisions,
Page 3 of 9
City of Aventura Ordinance No. 2019-_
terms or requirements of this franchise. Both the City and the Company reserve the
right of appeal of such court findings. If it is the non-prevailing party, the Company shall
have six months after the final determination of the question of breach to make
restitution or make good the default or failure before forfeiture shall result. The City, at
its discretion by and through its City administration, may grant additional time to the
Company for restitution and compliance as deemed appropriate by the City.
Section 8. Termination of Grant by Insolvency or Bankruptcy of Company. In the
event of a final adjudication of bankruptcy of the Company, the City shall have full
power and authority to terminate, revoke, and cancel any and all rights granted under
the provisions of this Ordinance.
Section 9. Hold Harmless. The City shall in no way be liable or responsible for any
accident or damage which may occur due to the construction, location, relocation,
operation or maintenance by the Company of the Distribution System, facilities,
equipment and vehicles subject to the terms and conditions of this franchise. The
Company hereby agrees to defend, indemnify, and to hold City harmless against any
and all liability, loss, cost, damage or any expense connected with the Company's
exercise of the rights or privileges provided hereunder, including a reasonable attorney's
fee incurred in the defense of any type of court action related thereto, which may accrue
to the City by reason of the negligence, default, other misconduct, strict liability or act or
omission of the Company in its construction, location, relocation, operation or
maintenance of the Distribution System, facilities, vehicles, or equipment subject to this
franchise.
Section 10. Review of Billing Records. City may, at its option and at its expense,
and upon reasonable notice to the Company, at any time, examine the records of
operations, accounting files, and books and records as such records relate to the
calculation of the franchise fee payments to the City, as provided herein, and to proper
performance of other terms of this franchise. The examination of such books, accounts,
records or other materials necessary for determination of compliance with the terms,
provisions and requirements of this franchise shall be during regular hours of business
of the Company and at the Florida corporate offices of the Company.
Section 11. Underground Installation. The Company shall install underground
extensions of all distribution lines that the Company has determined are necessary or
desirable in accordance with applicable law.
Section 12. Successors and Assigns. Whenever in this Ordinance either the City or
the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company. This shall not waive any restrictions against
assignments.
Page 4 of 9
City of Aventura Ordinance No. 2019-_
Section 13. Rates, Rules and Regulations.
A. The Company shall provide gas service within the limits of this franchise on
reasonable terms and conditions at just, reasonable and nondiscriminatory rates
to all who request said service during the term of this franchise and thereafter, as
required by law or by the FPSC or other duly constituted public regulatory body.
B. Upon the written request of the City, the Company shall file with the City a
complete set of rules and regulations and a complete set of tariffs or rate
schedules under which gas service is provided under this franchise. The
Company is subject to the rules and regulations of the FPSC. In the event that
the FPSC, or other State regulatory agency, should be deprived of the authority
to make rules and regulations governing the Company, then the City shall have
the right to set rules. Upon the written request of City, Company shall also furnish
any revisions of rules, regulations, and rates to the City.
Section 14. Right to Operate. The Company is hereby further given, granted and
vested with the right, authority, easement, privilege and franchise to construct, erect,
suspend, install, extend, renew, repair, maintain, operate and conduct within the limits
of this franchise fittings, appliances and appurtenances necessary or desirable to the
transmission, distribution or sale of natural gas for all purposes whatsoever. The
franchise herein granted apply in, over, under, along, upon and across all streets,
avenues, alleys, ways, bridges and public places as they now exist or as they may
hereafter be laid out or extended within the limits of this franchise, including the further
right, privilege and franchise to construct, erect, suspend, install, extend, renew, repair
and maintain and operate fittings and all appliances and appurtenances necessary or
desirable to the generation and transmission within, unto, through, over and beyond the
limits of this franchise and to the furnishing, supplying and distributing to said area and
the inhabitants and gas consumers both within and beyond the limits thereof, of gas for
all purposes for which gas energy may be used now or hereafter, and the right to extend
lines and furnish gas energy beyond the limits of said franchise. The Distribution
System facilities and associated equipment and vehicles shall be located or relocated,
erected or operated so as to interfere as little as possible with vehicular and pedestrian
traffic over, along and across said public rights-of-way, streets, alleys, bridges, and
public places and with reasonable egress and ingress to abutting and adjoining
property.
Section 15. Proper Operation. The Distribution System, including all fittings,
appliances and appurtenances shall be constructed in accordance with good
engineering practices and so as not to unreasonably interfere with the proper use and
appearance of the streets, avenues, alleys, ways, bridges, and public places in the
franchise area and shall be maintained by Company in good condition and repair in
accordance with FPSC requirements and applicable laws.
Page 5 of 9
City of Aventura Ordinance No. 2019-
Section 16. Excavation, Maintenance and Restoration. Construction plans shall
be submitted by the Company and an engineering construction permit shall be obtained
from the Public Works & Transportation Department Director, prior to the Company
causing any opening or alteration to be made in any of the streets, avenues, alleys,
ways, bridges or public places within the franchise area for the purpose of installing,
maintaining, operating or repairing any fittings, appliances and appurtenances or other
components of the Distribution System. The Company's work under this franchise shall
be done in accordance with applicable laws. The Company shall replace or properly re-
lay and repair any sidewalk, street, lawn, landscaping or swale that may be displaced by
reason of such work. Whenever the Company shall cause any opening or alteration to
be made in any of the streets or public places within the franchise area for the purpose
of installing, maintaining, operating or repairing any equipment or component of the
Distribution System, such work shall be completed at the Company's expense within a
reasonable time and the Company shall upon the completion of such work restore such
portion of the streets or other public places to as good or better condition as it was
before the opening or alteration was so made and will promptly remove any debris.
Upon failure of the Company to perform said repair or restoration, after ten (10) days'
notice provided in writing by the City to the Company, the City may repair such portions
of the sidewalk, street, lawn, landscaping or swale that may have been disturbed by the
Company and collect the cost so incurred from the Company. The City shall promptly
provide to the Company all permits, licenses and other authorizations applied for and
reasonably necessary for the purpose of installing, maintaining, operating and repairing
the system and facilities. If the City shall require the Company to adapt or conform its
mains, service pipe or other appurtenances, or in any way alter, relocate or change its
property to enable any other private person or corporation to use said street, alleys,
easements or public places, the Company shall be reimbursed by the private person or
corporation desiring or occasioning such change for any loss, cost or expense directly
caused by or arising out of such change, alteration or relocation of the Company's
property.
Section 17. Interruption of Service. In the event the supply of gas should be
interrupted or fail by reason of any cause beyond the control of the Company, the
Company shall, at its own expense, restore the service within a reasonable time and
such interruption shall not constitute a breach of this franchise nor shall the Company
be liable for any loss or damages by reason of such interruption or failure. Failure to
restore service within a reasonable time shall be a material breach of this franchise. Any
substantial outage caused by the gross negligence or willful act of Company shall be a
material breach of this franchise.
Section 18. Metering of Service. The Company shall install and maintain meters for
measuring gas use, and shall have free access to the premises of the consumer, from
time to time, for the purpose of reading, repairing, testing and maintaining the meters
and appurtenances. Such meters shall remain the property of the Company.
Page 6 of 9
City of Aventura Ordinance No. 2019-_
Section 19. Complaints. All complaints shall be resolved by Company in accordance
with the FPSC rules and regulations.
Section 20. JReserved.j
Section 21. City's Right to Regulate Use of Streets Not Abrogated. Nothing in this
Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
Section 22. City's Covenant. As a further consideration for this Franchise
Agreement, the City covenants and agrees that it will not, during the term of this
Franchise Agreement or any extension thereof, engage in the business of distributing or
selling Natural Gas within the corporate limits of the City, as modified, during the term of
this Franchise Agreement.
Section 23. Written Acceptance by Company. The Company, its successors or
assigns, shall, within 30 days after this Ordinance is adopted, file a written acceptance
of the Ordinance with the City Clerk.
Section 24. Repeal. All ordinances or parts of ordinances insofar as they are in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such
conflict. Once effective, this Ordinance shall supersede Ordinance No. 96-19 on the
same subject.
Section 25. 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 26. Inclusion in Code. This Ordinance shall be codified as part of the
Appendix of the City Code.
Section 27. Effective Date. Subject to satisfaction of Section 23 above, this
Ordinance shall take effect immediately upon adoption on second reading and shall be
effective retroactively from and after the October 1, 2011 scheduled expiration date of
the Initial Franchise which was previously granted pursuant to Ordinance No. 96-19.
Page 7 of 9
City of Aventura Ordinance No. 2019-_
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on first reading. This motion was seconded by Commissioner Mezrahi and
upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
PASSED on first reading this 7th day of May, 2019.
PASSED AND ADOPTED on second reading on this 11th day of June, 2019.
Page 8 of 9
City of Aventura Ordinance No. 2019-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 9 of 9
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager 4
BY: Brian K. Raducci, Finance Director
DATE: May 3, 2019
SUBJECT: Ordinance Amending 2018/19 Charter School Fund (ACES) Budget
1•t Reading May 7, 2019 City Commission Meeting Agenda Item Off
2nd Reading June 11, 2019 City Commission Meeting Agenda Item rJg
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the 2018/19 Charter School Fund (ACES) Budget. The total amount of the amendment
is $204,246.
BACKGROUND
The attached document has been prepared to recognize unanticipated revenues and
related expenditures as follows:
• $36,642 associated with a Florida Department of Education ("FDOE")
Educational Facilities Security Grant which was submitted in December of 2018.
This grant is associated with improving the physical safety and security of the
school facility. The grant application was approved by the City Commission on
November 13, 2018 (Resolution No. 2018-95) and our Principal was recently
informed that the grant will be placed on the School Board's May agenda to
formally approve the allocated funds for disbursement. The related expenditures
will be reflected in various accounts under the 4-8 Basic and School
Administration categories totaling $36,642.
• $25,994 associated with an FDOE Student Support and Academic Enrichment
Grant in order to:
o Provide students with access to a well-rounded education
o Improve safe and healthy school conditions for student learning; and
o Improve the use of technology in order to improve the academic
achievement and digital literacy of all students
1
The grant application was approved by the City Commission on February 7, 2019
(Resolution No. 2019-14) and our Principal was recently informed that once all of
the pending information is received and reviewed from the participating schools,
it is expected that the grant funds should be dispersed within the next few weeks.
It appears that our grant application has been accepted since we were not
required to make any revisions to it. The related expenditure accounts will be
reflected under Operation of Plant— Contingency totaling $25,994.
• $32,000 (estimate) in funds for the School Resource Officer Allocation that was
made available in the wake of the tragic shooting at Marjory Stoneman Douglas
High School. The Florida Legislature passed and Governor Rick Scott signed SB
7026, the Marion/ Stoneman Douglas High School Public Safety Act which
outlined significant reforms to make Florida schools safer. The related
expenditure account for a portion of the School Resource Officer's cost will be
reflected under Operation of Plant — Other Support Personnel in the amount of
$32,000.
• $109,610 associated with the State of Florida's Best and Brightest Teacher
Scholarship Program which rewards classroom teachers who have been
evaluated as highly effective and who have earned college entrance scores on
the SAT or ACT at or above the 80'" percentile. The related expenditure
accounts will be reflected under the K-3 Basic, 4-8 Basic and School
Administration categories— Bonuses totaling $109,610.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
2
ORDINANCE NO. 2019-
_
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-07, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30) BY
REVISING THE 2018/2019 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.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura City of Excellence School and upon the recommendations of the City
Manager (and the concurrence of the Finance Director as to Accounting Principles), it is
deemed necessary to adjust, amend and implement the 2018/2019 Operating and
Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A"
attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2018-07, which Ordinance adopted a budget for the 2018/2019 fiscal
year for the Aventura City of Excellence School by revising the 2018/2019 budget as
set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference
as though set forth in full herein.
City of Aventura Ordinance No. 2019-_
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved
its adoption on first reading. This motion was seconded by Commissioner Weinberg,
and upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Denise Landman
Mayor Enid Weisman
Page 2 of 3
City of Aventura Ordinance No. 2019-
PASSED on first reading this 7th day of May, 2019.
PASSED AND ADOPTED on second reading this 11th day of June, 2019.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
Exhibit A
FY 2018/19 Budget Amendments
CHARTER SCHOOL FUND(190)
toSCHOOL 2018/19 2018/19 2018/19
EJECT REV/OBJ ADOPTED AMENDED REVISED
DE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET
Revenues
State Shared Revenues:
3316000 0000 FDOE Educational Facilities Security Grant $ S 36,642 $ 36,642
3316000 0000 FDOE Student Support&Acad Enrich Grant 25,994 25,994
3359100 3310 School Resource Officer Allocation 7 272 000 32,000 7,304,000
3359301 3363 Best&Brightest 109,610 109,610
Subtotal $ 7,272,000 $ 204,246 $ 7,476,246
Total Amendments-Revenues $ 204,246
Expenditures
190-6001-569 -K-3 Basic 5101
Personnel Services
1502 291 Bonuses S 48,000 S 36 657 S 84 657
Total K-3 Basic 5101 $ 48,000 $ 36,657 $ 84,657
190-6002-569-4-8 Basic 5102
Personnel Services
1502 291 Bonuses $ 60,000 $ 68,953 $ 128,953
Subtotal $ 60,000 $ 68,953 $ 128,953
Operating Expenditures
4001 330 Travel/Conferences/Training $ 7,000 $ 4,400 $ 11,400
5290 590 Other Mat'l&Supply 60,000 4,000 64,000
5411 520 Textbooks 95,000 12,058 107,058
Subtotal $ 162,000 $ 20,458 $ 182,458
Total 4-8 Basic 5102 $ 222,000 $ 89,411 $ 311,411
190-6006-569-School Administration 7300
Personnel Services
1502 291 Bonuses $ 6,500 $ 4,000 $ 10,500
Subtotal $ 6,500 $ 4,000 $ 10,500
Operating Expenditures
4001 330 Travel/Conferences/Training $ 12,000 $ 3,000 $ 15,000
4856 790 Special Events 140,000 2,536 142.536
Subtotal $ 152,000 $ 5,536 $ 157,536
Total School Administration 7300 $ 158,500 $ 9,636 $ 168,036
190-6008-569-Operation of Plant 7900
Personnel Services
1260 160 Other Support Personnel $ 30,495 $ 32,000 $ 62,495
Subtotal $ 30,495 $ 32,000 $ 62,495
Other Uses
5901 790 Contingency S 85,000 $ 36,642 $ 121,642
SUBTOTAL S 85.000 $ 36,642 $ 121,642
Total Operation of Plant 7900 $ 115,495 $ 68,642 $ 184,137
Total Amendments-Expenditures $ 204,246
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