09-19-2019 Regular Workshop AgendaCITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM: Ronald J. Wasson, City Manage
DATE: September 13, 2019
SUBJECT: Discussion of Awarding City Key to the Consul General of Israel
(Mayor Weisman)
The Mayor has requested the attached be placed on the Workshop Agenda for
discussion.
As a resident of Aventura and as Consul General, Lior Haiat has distinguished himself
for public recognition and appreciation at the City Commission Meeting on October 2,
2019.
RJ W/act
Attachment
CCO1813-19
Consulate General of Israel mytwipn
in Miami ,r,ra
Appointment as Spokesperson of the Israel Ministry of Foreign Affairs
Miami, July 31, 2019
Dear Friends,
I am pleased to announce my appointment by the Israel Ministry of Foreign Affairs as the new
Spokesperson.
The promotion marks a major professional and personal highlight. It has been one of my dream
goals to hold this post and to follow the footsteps of previous outstanding spokespeople, that
were both friends and mentors.
Though elated by this opportunity, the appointment comes with a heavy price. Sadly, I will have
to cut short my stay in Miami as the consul general overseeing Florida, Alabama, Mississippi
and Puerto Rico, and leave this November 2019.
The last three and a half years, since arriving on February 2016, have been without a doubt the
best years of my life. I loved every minute serving as the highest representative of Israel in the
most pro-Israel place on Earth. The experience has been enriching and fulfilling. I thoroughly
enjoyed working side-by-side with you, strengthening previous relationships and developing new
ones. I have shared this journey with thousands of people and with my Consulate Team. Those
ties, memories and friendships will forever remain dear to me.
Though November is around the comer, rest assured there are multiple ongoing projects the
Consulate will continue, and there are some new ones that I intend to achieve, or at the very
least, to leave on course for my successor.
As you can imagine, I am experiencing what it means to have mixed feelings — accepting a great
new post while departing what has been a wonderful home to me, my family and to Israel.
You know you have a friend in Israel. I am a call away.
Sincerely,
Lior Haiat
Consul General of Israel in Miami
100 North Biscayne Blvd. Suite 1800, Miami, Florida 33132
Phone: 305.925-9412 a Fax: 305-925-9455
E-mail: infoen iami.mfa gay.il
RESOLUTION NO. 2005-62
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING CRITERIA FOR
THE AWARD OF KEYS TO THE CITY OF AVENTURA;
APPROVING PROTOTYPE KEY TO THE CITY OF
AVENTURA; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, from time to time, it is appropriate for the Mayor and the City Commission of the
City of Aventura to award or present keys to the City of Aventura (the "City Key') to individuals who ere
worthy of special recognition by the City because of their actions or accomplishments; and
WHEREAS, the City Commission desires to establish criteria for the award and presentation of
the City Key, as described herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section I. Rechim That the above stated recitals are hereby confirmed and adopted.
Section 2. City Key Prototype. That the prototype or sample of the City Key, which is
depicted on Exhibit "A" attached hereto, is hereby approved for use as the City Key pursuant to the
provisions and procedures provided herein.
Section 3 Award of City Kay. That the City Key shall be awarded to those persons,
firms, organizations or entities who have distinguished themselves for public recognition and appreciation
by their achievements or accomplishments, by activities which include but are not limited to, the
following:
a making of a valuable contribution in the fields of art, science or public
health for the betterment of the lives of others;
b. contributions to the enhancement of the quality of life in the City of
Aventum, county, region, state or nation;
C. contributions to the economic development of the City of Aventura;
d. acts of heroism for which recognition is appropriate;
e. rendering of service to the public;
f. activities which otherwise warrant recognition by award of the City Key,
Section A. Procedan. That the procedure for the award of the City Key shall be that
nominees for receipt of the City Key may be suggested by the Mayor or any Commissioner and he placed
on the Agenda of arty Commission Workshop meeting for consideration by the City Commission. Final
Resolution No. 2005-62
Page 2
placed on the Agenda of any Commission Workshop meeting for consideration by the City
Commission. Final approval shall be at a regular Commission meeting. Additionally, the Mayor or
the Vice Mayor in the absence or unavailability of the Mayor may, in his or her discretion, from time
to time, award the City Key to persons, firms, organizations, or entities who:
a. clearly meet the criteria of Section 3 of this Resolution; or
b. are dignitaries of Florida local and state government; or
C. are foreign dignitaries who are recognized as valuable allies of the United
States of America;
under those circumstances in which time does not permit presentation of a nomination to the City
Commission at a Workshop or regular meeting.
Section S. implementation. That the City Manager is authorized to provide for the
implementation of the policies which are provided for herein and to arrange for the supply and purchase
of the City Keys in accordance with appropriations made within the municipal budget.
Section 6. Effective Date. That this Resolution shall become effective immediately upon
adoption hereof.
The foregoing Resolution was offered by Commissioner Diamond, who moved its adoption. The
motion was seconded by Vice Mayor Joel and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Harry Holzberg
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez-Weinberg
yes
Vice Mayor Billy Joel
yes
Mayor Susan Gottlieb
yes
2
Resolution No. 2005- 62
Page 3
PASSED AND ADOPTED this 11 th day of October, 2005.
san Gottlieb, Mayor
Attest: n
Is M.
Clerk
Approved as to ForBrmfd Legal Sufficiency:
City Afforney
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
TO:
City Commission
FROM:
Ronald J. Wasso
City Manager
BY:
Joanne Carr, Al"
Community Development Director
DATE:
September 13, 2019
SUBJECT:
Proposed General Housekeeping Updates to the City of Aventura
City Code ("City Code')
1) Alcoholic Beverage Exemptions
2) Public Radio Safety System Evaluation Fee
3) Electric Vehicle Charging Stations
4) Clarification of Language in Zoning Districts
5) Clarification of Definition of Accessory Use
6) Walls Signs for Assisted Living Facilities
7) Business Ownership Identification Logos
8) Use of Artificial Turf
September 19, 2019 City Commission Workshop
City staff is recommending general housekeeping updates to the City Code. These
updates are recommended for consistency with recent changes in legislation, for
clarification of City Code provisions and for facilitation of development review. The text
in underline is proposed additions to the City Code. The text in strikethrough is
proposed deletions from the City Code.
The specific proposals are as follows:
I. Chapter 4, Alcoholic Beverages, to amend and clarify Restaurant and Cocktail
Lounge Exemptions
Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. It
requires that the location of an establishment is at least 1500 feet from a business with
an existing liquor license and at least 2500 feet from a school or place of worship.
There are several exceptions to this location requirement, those being:
• Private clubs
• Restaurants in B1, B2, TC1, TC2 and TC3 zoning districts that serve cooked, full
course meals daily prepared on premises
• Cocktail lounges in restaurants where full course meals are available at the bar
and have at least 200 seats and 4000 square feet of floor area
• Beer and wine sales from grocery stores
• Bowling alleys
• Hotels and motels with at least 100 guest rooms
• Golf course clubhouses
• Excursion, sightseeing or tour boats that serve full course meals and have at
least 200 seats and 4000 square feet of floor area
• Tennis clubs and indoor racquetball clubs with no less than 15 courts
• Not for profit theatres with live performances with no fewer than 100 seats
If an establishment does not meet the distance and spacing requirements and does not
meet the criteria for exemption, they may apply to the City Commission for conditional
use approval.
Recommendation 1:
The exemption for restaurants limits the exemption to restaurants located in the B1, B2,
TC1, TC2 and TC3 zoning districts. The other business districts; namely, Heavy
Business (63), Office Park (OP) and Medical Office (MO) zoning districts also permit
restaurants and should be included in the exemption.
Staff recommends that the exemption be revised to include all zoning districts in which
restaurants are a permitted use.
Recommendation 2:
Based on staff's interpretation formulated following the County's interpretation, the
minimum number of seats and minimum floor area is based on indoor seats and indoor
floor space. Outdoor seats and outdoor floor area are not counted.
Staff recommends the addition of language to clarify this provision.
Recommendation 3:
The exemption for cocktail lounges in restaurants requires that the restaurant have at
least 200 seats and 4000 square feet of floor area. These criteria were based on the
State liquor license regulations in effect at the time this chapter was adopted. In the
past, several establishments have requested and received conditional use approval
when they do not meet the seat count and floor area.
The State regulation has recently reduced the square footage and seating requirement
for the Specialty Food Service (SFS) Establishment liquor license from 4000 to 2500
square feet of service area and from 200 to 150 seats, when there is at least 51% of
gross food and beverage revenue from the sale of food and non-alcoholic beverages.
The State audits that percentage sixty days after the restaurant has opened and
annually thereafter.
Staff recommends a corresponding change to the City Code, with some further
clarification that the cocktail lounge exemption applies only when it is accessory to a
restaurant use.
Proposed Amendment:
Chapter 4, Section 4-2(e), Exceptions to spacing and distance requirements.
(2) Restaurants in 91 92 T"' T^' and T^Business and Town Center Zoning
Districts. To dining rooms or restaurants located in the B', B2 T^' TC2 and T^'
Business and Town Center Zoning Districts and which do not Gompiy, with
which comply with the requirements of such districts and
serve cooked, full course meals, daily prepared on the premises, er 6uah-etheFdieiag
i.Mn.. ra Mn iRatheF FneFe libeF../zoning 11:. k4ets p4ei ... 46 the
e9uFse meals, daily prepared on the pFenwses, providing that only a service bar is
used and alcoholic beverages are sold only to persons seated at tables. This
exemption does not include cafes and/or kiosks that serve light meals, snacks and/or
hot and cold beverages.
(3) Cocktail lounge -bars in restaurants. To cocktail lounge -bars as an accessory use in
restaurants located in the Business and Town Center zoning districts which restaurants
contain all necessary equipment and supplies for and serve full course meals regularly,
have indoor accommodations for service of 290 150 or more patrons at tables, including
indoor bars or counters at which full course meals are available, and occupies more
than 4;099 2 500 square feet of indoor floor space, and provided that alcoholic
the State license.
II. Chapter 14, Article IV, Fees for permits, inspections, certificates and related
services.
Section 14-91 of the City Code authorizes the City to impose fees for the issuance of
building permits and provides that such fees shall be set and may be amended from
time to time by resolution of the City Commission following a public hearing.
Chapter 31, Article XI, Section 31-242, provides for installation of amplification systems
in new buildings that fail to support adequate radio coverage for the City's Police
Department's radio system or the City's Police Department's interoperability with other
public safety communications. The Police Department has advised of a proliferation of
amplification systems being installed as a result of the Miami Dade Fire Department's
requirement to install them regardless of a need for these devices to support to
Aventura system. As a result, the Police Department has to conduct more advanced
testing for interference, with increased cost. To date, no separate fee is charged and
the inspection and testing costs were considered as part of the building permit fee. The
pre -testing evaluation fee charged to the City by the communications contractor is
$255.00 and the post installation evaluation fee is $425.00.
Staff recommends that these two fees be added to the building permit fee schedule to
recover costs incurred for the radio coverage testing in new buildings.
Proposed Addition to Building Permit Fee Schedule:
Public Safety Radio System Protection - Pre -testing evaluation fee $255.00
Public Safety Radio System Protection - Post -installation evaluation fee $425.00
III. Chapter 31, Article VIII, Off Street Parking, Loading and Driveway Standards to
add definitions and regulations for Electric Vehicle Charging Stations
Staff has recently had a request from an electric vehicle manufacturer to install a
supercharger station within an existing surface parking area in a commercial plaza.
The manufacturer advised that they wish to add more supercharger stations to plazas
throughout the City. The following definitions and regulations are proposed to facilitate
installation of electric vehicle charging stations.
There is an existing supercharger station on the ground floor and other single charging
posts in the new garage in the Aventura Mall expansion. The City has also installed
single charging posts in the Aventura Government Center parking garage and in
Founder's Park. These installations did not pose a City Code concern because the
location was either completely enclosed and/or parking spaces and drive aisles
complied with the size and location required by City Code. Installations on existing
surface parking areas do pose a concern because many of the existing areas are non-
conforming and charging cabinets are installed open-air.
Recommendation:
Staff recommends that a definition of electric vehicle charging station and standards for
installation be added to the Off -Street Parking, Loading and Driveway Standards
section of Chapter 31, Land Development Regulations (LDR), of the City Code.
Proposed Addition:
Article VIII — Off -Street Parking, Loading and Driveway Standards
Section 31-171 — Off -Street parking and loading standards
(a) General. Every building, use or structure, instituted or erected after the effective
date of this chapter shall be provided with off-street parking facilities in accordance
with the provisions of this section for the use of occupants, employees, visitors or
patrons. Such off-street parking facilities shall be maintained and continued as an
accessory use as long as the main use is continued.
Section 31-171(6)k. Electric Vehicle Charainc Stations and Spaces
To plan for future demand and accommodate the anticipated growth in market demand
stations.
For the purposes of this section, the following definitions shall a
Electric Vehicle ("EV") means any vehicle that operates either partially or exclusively on
electrical energy from an off -board source which is stored on -board by the vehicle for
motive purposes.
Electric Vehicle ("EV") charging station means an installation of electrical energy
transmission equipment charging devices products and parking spaces all designed to
transfer electric energy to an electric vehicle
Electric Vehicle ("EV") charging station space means a parking space that is continually
served by stationary battery charging equipment that has as its primary Purpose the
transfer of electric energy to an electric vehicle.
Charging levels means the standardized indicators of electrical force or voltage at
which an electric vehicle's battery is recharged. Typical electric vehicle charging levels
and specifications are:
Level 1: Altercating current slow charging standard wall outlet with voltage at least
120 volts.
Level 2: Altercating current medium charging EV plug wall or vole mounted with
voltage between 120 and 240 volts.
Level 3 Direct current fast charging, cabinet type charging stations with voltage
greater than 240 volts.
Electric Vehicle (EV) Charaina Station Standards
EV charging stations are permitted in all residential and non-residential zoning districts
subject to compliance with all of the following regulations
(i) EV charging stations shall be located within an enclosed parking garage Electr c
vehicle charging stations may also be located within surface Parking areas only when
not visible from a public right of way.
(ii) EV charging stations other than Level 1 and Level 2 wall or Dole mounted chargers
shall be located in parking garages or on surface parking lots with 100 or more regular
parking spaces.
NO Maximum size of Level 3 (DC fast charge) charging station shall be 12 square feet
with a maximum height of 4 feet.
(ivl No advertising other than information required by this Section is permitted on
charging station signs, cabinets and/or charging station equipment
(v) An EV charging station space may be counted towards the number of Parking
spaces required pursuant to this Article: however, the maximum number of electric
vehicle charging station spaces cannot exceed ten (10%) of the number of required
regular parking spaces. A maximum of fifty (50%) percent of the electric vehicle
charging station spaces may be designed for sole use by one manufacturer's electric
vehicle.
(vi) Existing regular Parking spaces complying with the standards of this Article may be
converted to EV charging station spaces upon submission by the applicant and
approval of the City of a parking study evidencing a 10% vacancy rate in existing
regular Parking spaces at peak hours of use.
NO Existing regular Parking spaces, not complying with the standards of this Article
may be converted to EV charging station soaces only when the affected oarking spaces
are brought into comDliance with the standards of this Article and upon submission by
the applicant and approval of the City of a Parking study evidencing a 10% vacancy rate
in existing reqular parking spaces at peak hours of use.
Electric Vehicle Charging Station Space Design Standards
Electric vehicle ('EV") charging station spaces shall meet the following design
standards, in addition to the other standards in this Article:
(i) Each EV charging station space shall be equipped with a sign designating the
parking space as an EV parking space, in accordance with the Manual on
Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration
and that includes the following information.'
(1) Safety information, and
(2) Name or logo of manufacturer and contact information for the owner of the
charging station, to allow consumers to report issues relating to the charging
station.
(ii) All components of the EV charging station shall be elevated or designed so that
all electrical components are a minimum of twelve (12") inches above base flood
elevation as determined by the Flood Insurance Rate Map issued by FEMA or
eighteen (18') above the highest crown of adjacent road, whichever is greater.
(iii) EV charging stations shall contain a retraction device coiled cord, or place to
hang cords and connectors above the ground surface. All such devices, cords
and connectors shall be designed to be a minimum of twelve (12") inches above
base flood elevation as determined by the Flood Insurance Rate Map issued by
FEMA or eighteen (18") above the highest crown of nearest adiacent road,
whichever is greater.
(iv) EV charging stations shall be limited to personal use and shall not be used for
the purpose of wholesale or retail sales.
(y) EV charging stations shall not interfere with vehicle bicycle or pedestrian access
and circulation, or with required landscaping.
(vi) EV charging stations shall be maintained in good condition, appearance and
repair.
(vii) For EV charging stations installed on surface parking lots, all equipment related
to the station shall be completely enclosed. For EV charging stations installed in
enclosed parking garages all equipment related to the station shall be have
safety screens around the equipment.
(viii) Notwithstanding Subsection (6) q of this Article EV charging station spaces may
have freestanding wheel stops in addition to the required curbinq to maximize
safety of the charging station.
(ix) Administrative Waiver Where the requirements of this article relate to the
improvement or the expansion of an existing vehicular use area and where
certain requirements in this Section and in Section 31-221 Landscaping
Requirements are considered by the City Manager to be either impossible or
impractical to comply with without reducing the number or size of existing
parking spaces and/or the required width of drive aisles administrative relief
from size and width of perimeter and /or interior landscape buffer strips may be
granted by the City Manager or his designee orovided that the intent and
purpose of this Section is not compromised
IV. Chapter 31, Article VII, Use Regulations to clarify language in RS1, RS2,
RMF3, RMF3A, RMF313, RMF4, B1, B2, B3, OP, MO, TC1, TC2 and TC3 zoning
districts
From time to time, staff receives inquiries from developers, architects and attorneys
regarding the meaning of language that allows uses permitted in one zone as either
permitted or conditional uses in another zone.
For example, staff receives questions regarding the B2, Community Business zoning
district, which provides that "any use permitted in a Bl district subject to the
requirements of that district as outlined herein" is also permitted use in the B2 zoning
district. This provision means that all "Uses permitted' in the 131 district are permitted in
the B2 district; however, it does not mean that "Conditional uses" in the 61 district are
permitted uses in the B2 district.
Similarly, there is language in the majority of the zoning districts which provides that "all
uses permitted in the Community Facilities (CF) zone' may be allowed as conditional
uses in another zone. This provision allows the "Uses permitted' in the Community
Facilities (CF) District but does not include the "Conditional uses" in the CF zone.
Recommendation:
In order to clarify that language, staff proposes to change the capitalization of "uses
permitted' in the applicable zoning districts to "Uses permitted' and add language to
clearly specify that the uses permitted do not include the conditional uses.
Proposed Amendment:
Chapter 31, Article VII, Use Regulations
Sec. 31-143. - Residential Zoning Districts.
(b) Residential Single -Family Districts (RSI). The following regulations shall apply
to all RS1 Districts.
(1) Purpose of district. The RS1 Zoning District is established for one -family detached
dwellings appropriate to the needs of families on lots of moderate size in areas
consistent with the city's Comprehensive Plan Land Use Element. Densities shall not
exceed 13 units per net acre.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
All aUses permitted in the CF District, but not any use listed as a Conditional use in
the CF district.
(c) Single-family Residential Districts (RS2). The following regulations shall apply
to all RS2 Districts.
(1) Purpose of district. The RS2 Zoning District is established for one -family living
environment appropriate to the needs of families on lots of limited size in areas
consistent with the city's Comprehensive Plan Future Land Use Element. Densities
shall not exceed 25 units per net acre.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All auses permitted in the CF District, but not any use listed as a Conditional use in
the CF district.
(d) Multifamily Medium Density Residential Districts (RMF3). The following
regulations shall apply to all RMF3 Districts.
(1) Purpose of district. The purpose and intent of this district is to provide suitable
sites for the development of well planned, environmentally compatible medium
density multifamily residential use in areas consistent with the City's Comprehensive
Plan Future Land Use Element. Densities shall not exceed 25 units per gross acre.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All auses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following
regulations shall apply to all RMF3A Districts:
(1)Purpose of district. The purpose and intent of this district is to provide suitable
sites for the development of well planned, environmentally compatible medium
density multifamily residential use in areas consistent with the City's Comprehensive
Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All aUses permitted in the CF District . but not any use listed as a Conditional use
in the CF district.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(f)Purpose of districts. The purpose and intent of this district is to provide suitable
sites for the development of well-planned, environmentally compatible medium-high
density multifamily residential use and limited -service hotel use when combined with
multifamily residential development in areas consistent with the City's Comprehensive
Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than one or more of the following
specific uses:
a.All aUses permitted in the RMF3 District
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All aUses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following
regulations shall apply to all RMF3B districts:
(1)Purpose of district. The purpose and intent of this district is to provide suitable
sites for the development of well-planned, environmentally compatible medium
density multifamily residential use in areas consistent with the City's Comprehensive
Plan Future Land Use Element. Densities shall not exceed 35 units per gross acre.
(3) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed seven
stories or 90 feet in height.
b. All aUses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
Section 31-144. — Business Zoning Districts
10
Neighborhood Business (B1) District. This district is intended to provide primarily
for retail sales and services to a surrounding neighborhood. Retail stores permitted
therein are intended to include primarily convenience goods which are usually a daily
necessity for a residential neighborhood. The district is appropriate for location on a
collector or an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
e. All causes permitted in the CF District but not any use listed as a Conditional use in
the CF district.
(c) Community Business (B2) District. This district is intended primarily to provide
for general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient
for both vehicular and pedestrian traffic and would be expected to have orientation
toward and direct access to arterial roadways.
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than one or more of the following
specific uses, provided the requirements set forth elsewhere in this section are
satisfied:
a. Any aUses permitted in a 131 District subject to the requirements of that district as
outlined herein.
(2) Conditional use. The following uses if first approved as a conditional use:
k. All aUses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
(d) Heavy Business (B3) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and
are not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards, and have direct access to arterial roadways,
particularly major arterials.
11
(1) Uses permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than one or more of the following
specific uses provided the requirements set forth elsewhere in this section are
satisfied:
a. Any aUses permitted in a 131 or B2 District subject to the requirements of that
district as modified herein.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
f. All aUses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
(e) Office Park (OP) District. This district is intended to provide for high-quality,
semi-professional and professional offices in a campus setting reflecting creative
design and environmentally compatible use of space and perimeter buffer areas. This
zoning district may be applied to land designated Business and Office and Industrial
and Office on the City's Future Land Use Map, however the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding Business
and Office and Industrial and Office category permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
(g) All aUses permitted in the CF District but not any use listed as a Conditional use
in the CF district.
(t) Medical Office (MO) District. This district is intended to provide for medical
offices and other uses supporting the medical profession associated with the hospital.
This zoning district may be applied to land designated Business and Office on the
City's Future Land Use Map, however the uses within this district shall be consistent
with, but may be more restrictive than, the corresponding Business and Office
category permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
12
h. All uUses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
Sec. 31-145. - Town Center Zoning Districts.
(b)Town Center District (TCI). The following regulations shall apply to all TC1
Districts:
(3)Conditional uses permitted. The following uses may be established if first
approved as a conditional use:
a. Those uUses permitted in the RMF3 District, except that residential uses may not
be established in a lifestyle center.
b. Those uUses permitted in the 61 District.
c. Those uUses permitted in the B1 District with increased floor area.
m. All uUses permitted in the CF District but not any use listed as a Conditional use
in the CF district.
(c) Town Center Marine District (TC2). The following regulations shall apply to all
TC2 Districts.
(2) Uses permitted. No building or structure, or part thereof, shall be erected, altered
or used, or land used in whole or part for other than one or more of the following
specific uses, provided the requirements set forth elsewhere in this section are
satisfied:
(4) Conditional uses permitted. The following uses may be established if first
approved as a conditional use:
a.Those uUses permitted in the RMF3 District.
b.Those aUses permitted in the 131 District.
c.Those uUses permitted in the OP District.
d.Those uUses permitted in the U District.
e.Those uUses-permitted in the ROS District.
o. All uUses permitted in the CF District but not any use listed as a Conditional use in
the CF district.
(a)
13
(d) Town Center Neighborhood (TC3) District. The following regulations shall apply
to all TC3 Districts:
(4) Conditional uses permitted. The following uses may be established if first
approved as a conditional use:
a. Those Uses PeRnitted Uses permitted in the B1 District with increased floor area.
k. All aUses permitted in the CF District but not any use listed as a Conditional use
in the CF district.
V. Chapter 31, Article II, Clarification of definition of accessory use
An accessory use is defined in Section 31-21 of the City Code as follows
"Accessory use or accessory building shall mean a use of land or of a building or
portion thereof customarily incidental and subordinate to the principal use of the land
or building and located on the same lot with the principal use."
An accessory use is exclusively for the use of the principal use or building to which it
is attached. As such, an accessory use may not have a separate sign or be
advertised for use to anyone other than users of the principal use or building. For
example, a convenience store or beauty salon in a residential building may be
established for use only by the residents of the building.
Recommendation:
Staff recommends that the definition be clarified to include the prohibition of signage
or outside advertisement of the accessory use.
Proposed Amendment:
Chapter 31, Article ll, Section 31-21. — Definitions
For the purposes of this chapter, the following words, terms and phrases shall have
the meaning herein set out. When these definitions include restrictions, conditions or
limitations, such restrictions, conditions or limitations shall be subject to enforcement
upon the same basis as other provisions of these Land Development Regulations.
Accessory use or accessory building shall mean a use of land or of a building or
portion thereof customarily incidental and subordinate to the principal use of the land
14
or building and located on the same lot with the principal use. No sign denoting the
VI. Chapter 31, Article IX, Sign Regulations to add regulation for wall signs for
Assisted Living Facilities
Staff has received requests from two of the existing assisted living facilities for wall
signs. The City Code currently allows wall signs for retail, office and hotel buildings.
The only sign permitted for an assisted living facility is a monument sign. However,
there was an exception made for the new facility in the Park Square development,
where a wall sign was permitted through a multi -tenant sign package approved by
resolution. Assisted living facilities are considered a non-residential use for purposes of
the City's zoning Code.
Staff recommends that wall signs be permitted for Assisted Living Facilities, similar in
number, type and size to wall signs permitted for office and hotel buildings.
The proposed amendment is as follows:
"Section 31-191, Sign Regulations Generally
O7 Nonresidential district signs. The owner(s), or their authorized representative, may
at their option, choose to use the following standards or alternatively, apply for
approval as a multi -tenant center, pursuant to subsection (i)(1) hereof (provided that
the subject center complies with the definition provided in this section). The following
signs are authorized in all nonresidential districts in the City:
Of Wall sign for business identification for Assisted Living Facilities
Wall sign for business identification. (Permitted only on assisted living facilities)
Approvals
necessary:
Sion permit required.
Illumination &
Reverse or channel letter sign only.
Type:
15
Number
One wall sign per building for signs located 1 to 5 stories high. Comer
(maximum):
or through store locations may have an additional wall sign. Such
second sign shall be limited to 50 percent of the sauare footage of the
pnmary sign. Such second sign shall not be placed on the same
building elevation as the primary sign.
Two wall signs per building for signs located 6 to 20 stories high, with
one wall sign only per building elevation.
Sian area
(maximum):
One sauare foot for each one lineal foot of building frontage for signs
locatedl to 5 stories high.
One and one-half square foot for each one lineal foot of building
frontage for signs located 6 to 10 stories high.
One and three-quarters sauare foot for each one lineal foot of building
frontage for signs located 11 to 15 stories high.
Two sauare feet for each one lineal foot of building frontage for signs
located
16 to 20 stories high.
Location:
No wall sign shall be installed on a building elevation that faces an
adjacent residentially zoned property located within 300 feet of the
elevation.
VII. Chapter 31, Article IX, Sign Regulations to add definition and regulation for
business ownership identification logo
Section 31-191 — Sign regulations generally.
(e) Definitions. The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Business ownership identification logo A sign with a registered trademark of the owner
of the business for example initials of the company name or graphic.
16
(j) Nonresidential district signs. The owner(s), or their authorized representative, may
at their option, choose to use the following standards or alternatively, apply for
approval as a multi -tenant center, pursuant to subsection (i)(1) hereof (provided that
the subject center complies with the definition provided in this section). The following
signs are authorized in all nonresidential districts in the City:
(7)(a) Business ownership identification logo
Approvals
necessary.-
ecessary:Illumination
Sign permit required
Illumination&
Reverse or channel letter sion only
Type:
Number
One business ownership identification logo per building. Buildings that
(maximum):
front onto and have two two-way accesses onto two public streets may
have one logo on each street elevation. If the development contains
multiple buildings, each building may have one business ownership
identification logo
Sion area
(maximum):
Six (6) square feet per logo
Location:
No logo shall be installed on a building elevation that faces an adjacent
residentially zoned property located within 300 feet of the elevation
VIII. Chapter 31, Article X, Landscaping, to add regulation for use of artificial turf
in limited applications
The City's landscaping requirements do not contain regulation for the use of artificial
turf for any application. Artificial turf has historically been used for indoor arenas and
commercial playfields; however, the use has increased to other applications such as
public and private outdoor recreation fields, roadway medians, rooftop and above -
17
ground terraces and pool decks in both residential and non-residential developments.
This trend stems from technological advances in the materials, making them more life-
like and environmentally -friendly.
The benefits of artificial turf are water conservation, increased durability and elimination
of pesticides. The traditional concerns of using artificial turf include hazardous effect
when using rubber tires as the backing, heat island effect, permeability, reduction of soil
habitat and bacteria growth. The City has used artificial turf for the playfield at ACES.
This turf is permeable, heat resistant and bacteria -resistant. It has non-toxic backing
materials and an expected lifetime of 10 years. The City has used a turf base
containing sand that may support some soil habitat.
Recommendation:
Staff recommends the addition of a definition of and material specifications for use of
artificial turf in public and private athletic fields and playgrounds, roadway medians,
rooftop or above ground terraces and pool decks in residential and non-residential
developments.
Proposed Amendment:
Section 31-221 — Landscaping Requirements
(d) Definitions. The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this subsection, except where the
context clearly indicates a different meaning:
Artificial turf. a surface of synthetic fibers made to look like natural grass and emulate
the texture and feel of natural grass
Landscaping material: Any of the following or combination thereof such as, but not
limited to: Grass, ground cover, artificial turf in areas Permitted by this Section,
shrubs, vines, hedges, trees, palms and non -living material such as rocks, pebbles,
sand, mulch, or pervious decorative paving materials.
Lawn area: An area planted with lawn grasses or artificial turf in areas permitted by
this section.
(h) (2) Other plant material specifications.
b. Ground covers: May be used in lieu of grass. Ground covers shall present a
finished appearance and reasonably complete coverage at time of planting.
18
c. Lawn grass: Shall be St. Augustine 'Floratam' solid sod, or other lawn species well
adapted to localized growing conditions, as approved by the Director, reasonably free
of insects and noxious weeds. Lawn shall be solid sodded for immediate effect.
d. Plant Quality: Plants installed pursuant to this Code shall conform to, or exceed,
the minimum standards for Florida No. 1 grade or equivalent in the most current
edition of Florida Grades and Standards for Nursery Plants prepared by the State of
Florida Department of Agriculture and Consumer Services.
e. Mulch: All exposed soil areas in planting beds, including hedge rows, shall be kept
weed free, and mulched to a minimum three-inch depth (excluding seasonal color
beds). Mulch should be replenished, as needed, to meet this requirement. The use of
shredded and composted Melaleuca, grade B mulch is encouraged.
f. Vines: Shall be not less than 24 inches in height at time of planting and may be
used in conjunction with fences or walls. Where required, support vines with a trellis
or other suitable support system that allows the vines to grow to the top of the fences
or walls.
base including sand is encouraged to support some soil habitat and increase
drainage.
(i) Maintenance.
(1) General. In all districts, the owner, or his agent, shall be responsible for the
maintenance, in perpetuity, of all landscaping material in good condition so as
to present a healthy, vigorous, neat, and orderly appearance, clear of weeds,
refuse and debris, and sufficiently fertilized and watered to maintain the plant
material in a healthy condition. Landscaping material shall be trimmed and
maintained so as to meet all city, county or state site distance requirements.
(2) Failure to conform or maintain. If at any time after the issuance of a certificate
of occupancy, any landscaping material is found to be in non-conformance,
including, but not limited to, dead or dying plant material, artificial turf that is
damaged or beyond its lifecvcle, notice shall be issued to the owner or his
agent that corrective action is required to be in compliance with this article.
Such notice shall describe what action is necessary to comply. The owner or
his agent shall have a time period, as set forth by the Code Compliance
Division of the Community Development Department, to fulfill the landscaping
requirements. Failure of compliance within the allotted time shall be considered
a violation of this section and shall subject the property owner to fines as
determined appropriate, by the Special Master of the City of Aventura.
19
At the City Commission's direction, staff will draft an ordinance for the proposed
amendments to the City Code, for consideration by the Local Planning Agency and the
City Commission at the November 5, 2019 meeting.
20
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission //'
FROM: Ronald J. ger r!��
City Manager
BY: Joanne Carr, AICP�
Community Development Director
DATE: September 13, 2019
SUBJECT: 2020 Census Complete Count Committee
September 19, 2019 City Commission Workshop
At the May 16, 2019 workshop meeting, staff recommended the formation of a Complete
Count Committee to promote participation in the upcoming census. Upon consensus of the
City Commission, an application form was posted online at the City's website and sent to
each condominium building.
Staff has received 12 applications to date. There is representation from Aventura Hospital
and ten condominium buildings. The applicants are as follows:
Nadine Weltman Laham
Cecilia Wolff
Vianca Larice
Laurence Rosenblatt
Lori Kenney
Janet Waldman
Carmen Quintero
Marcela Abello
Lian Deabreu
Lana Tornheim
Glenis Henriquez
Miles Kuttler
One Island Place
Admiral's Port
Director of Public Relations & Communications
Aventura Hospital and Medical Center
Mystic Pointe
Yacht Club
Yacht Club
Commodore Plaza
Biscayne Cove
Aventi
Aventura Lakes
Biscaya III
Williams Island
Staff recommends that all 12 applicants be invited to participate on the Complete Count
Committee. Two staff members from the City's Community Development Department and
one staff member from Information Technology Department will support the Committee.
The first meeting will be scheduled in October, 2019 to formulate the promotional program.
The draft program will be presented to the City Commission at the November 21 workshop
meeting.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: September 13, 2019
SUBJECT: Recommendation to Appoint Members and Alternates to the Youth
Advisory Board
The City received 14 applications for the 2019 / 2020 Youth Advisory Board. In August,
I interviewed the new applicants, with the assistance of the City Clerk. We were
impressed with the quality of all of the students that applied. Following the review of all
applications received, I am recommending the following Board members as well as
seven alternates:
NAME
GRADE
SCHOOL
BOARD
Emily Briskin
11
Krop Senior
Hi h
Kenneth Cula
12
Krop Senior
Hi h
Chloe Freitas
th
10
MAST FIU
Sofia Korn
12
Krop Senior
Hi h
Rebecca
12
Richmond-
Le Lycee
Parks
International
honneschool
Gabriela
til
11
Sartan
Krop Senior
Hi h
Carolina
10
Wesle
MAST FIU
Memo to City Commission
September 11, 2019
Page 2
ALTERNATES
Valery Fuhrer
11
MAST FIU
Ariel Jacobs
11
MAST FIU
Victor Kameo
12
Scheck Hillel
Megan Shein
7 -
Don Soffer
Aventura High
Taryn Shein
9
Don Soffer
Aventura High
Sophia Silver
11
David Posnack
Jade Stein
9
Don Soffer
Aventura High
RJW/act
CCO1817-19
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: September 13, 2019
SUBJECT: City's 251" Anniversary Commemorative Issue of the Aventura News
Recently we were approached by the Aventura News rarding interest in participating
in a commemorative issue recognizing the City's 252 Anniversary in 2020. 1 am
providing you with the 201" Anniversary issue for reference. The cost is approximately
$3,000 to $4,000.
1 have placed this item on the Workshop Agenda to obtain consensus to move forward
on this matter.
RJ W/act
Attachment
CCo1920-19
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: September 13, 2019
SUBJECT: Discussion of Extension of Contract Between CIVICS Consulting
Services, LLC and the City of Aventura for an Additional Two Months
(City Manager)
RECOMMENDATION
The attached has been placed on the Workshop Agenda for discussion of extending
CIVICS Consulting Services, LLC's contract with the City for an additional two months.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1822-19
RESOLUTION NO. 2017-40
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, AUTHORIZING THE MAYOR TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL CONSULTING
SERVICES BY AND BETWEEN CMCS CONSULTING SERVICES, LLC
AND THE CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Mayor is hereby authorized on behalf of the City of Aventura to
execute and otherwise enter into the attached Agreement for Professional Consulting
Services between the City of Aventura and CMCS Consulting Services, LLC for the
proposed Aventura Charter High School, ACES Charter renewal, and transitional
support.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Narotsky, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman
Yes
Commissioner Dr. Linda Marks
Yes
Commissioner Gladys Mezrahi
Yes
Commissioner Marc Narotsky
Yes
Commissioner Robert Shelley
Yes
Vice Mayor Howard Weinberg
Yes
Mayor Enid Weisman
Yes
City of Aventura Resolution No. 201740
PASSED AND ADOPTED this 181' day of July, 2017.
ENID WEISMAN, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITYCITY A��
CITY OF AVENTURA
AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 18"' day of July, 2017, by and
between the City of Aventura, a municipal corporation of the State of Florida ("City"), and
CMCS Consulting Services, LLC ("Contractor"), collectively referred to as the Parties.
IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH IN THIS
AGREEMENT, THE PARTIES AGREE, AS FOLLOWS:
WHEREAS, Eric M. Soroka, Contractor's project coordinator, will be retiring from the City
on January 5, 2018 , after having served as Aventurs's first City Manager for the past 21
years; and
WHEREAS, the City Commission desires to retain the professional consulting services
(the "Services") of Contractor to facilitate the successful development and
commencement of operation of the proposed Aventura Charter High School, and also to
provide additional consulting services in the field of ACES Charter Renewal and
administrative support (the "Additional Services") to assist in a smooth transition of city
operations to the next city manager (the "Next City Manager") for the City.
SCOPE OF SERVICES.
A. Contractor shall perform the following services that relate to the proposed
Charter High School:
• Oversee the Planning Agreement with Charter School USA to
facilitate the successful opening of the proposed Charter High
School in August 2019, or such date that would coincide with the
opening.
• Negotiate on behalf of the City, a Charter School contract with the
School Board of Miami -Dade County and Management Agreement
with an Education Company for approval by the City Commission of
the City of Aventura.
• Monitor the design and construction contracts including
recommending pay requests to facilitate the successful opening of
the proposed Charter High School on or about August 2019.
• Monitor and recommend the purchase and pay requests for FF&E,
technology and books in accordance with budget amounts
established by the City Commission.
• Act as the City's representative on matters relates) to the Planning
Agreement with Charter School USA and on matters with the School
Board of Miami -Dade County for the proposed Charter High School.
• Provide monthly reports or as sooner needed to the City Commission
on the progress of the proposed Charter High School.
• Meet with the City Commission, City staff, representatives of the
School Board of Miami -Dade County and Charter School USA, as
needed.
B. Contractor shall perform the following services that relate to the renewal of
the Aventura City of Excellence School Charter School Contract and
Administrative and Educational Services Agreement:
• Negotiate on behalf of the City, the renewal of the Charter School
Contract with the School Board of Miami -Dade County for approval
by the City Commission of the City of Aventura.
• Negotiate on behalf of the City, the renewal of the Administrative and
Educational Services Agreement with Charter School USA for
approval by the City Commission of the City of Aventura.
• Attend all meetings as required with the City Commission, City staff,
representatives of the School Board of Miami -Dade County and
Charter School USA as needed.
C. Contractor shall perform transitional consulting services and respond to
institutional knowledge questions as required by the Next City Manager
including educating the Next City Manager on his/her role within the charter
schools operated by the City.
D. Eric M. Soroka shall serve as the project coordinator for Contractor for the
performance of the Services and the Additional Services. The Next City
Manager shall serve as the City's contract administrator for the
administration of this Agreement. Contractor shall perform the Services
and the Additional Services in coordination with the Next City Manager and
at a schedule reasonably approved by the City Commission or Next City
Manager.
It. COMPLETION OF SCOPE OF SERVICES: TERM
Contractor shall perform the Services and the Additional Services to City's
reasonable satisfaction in accordance with this Agreement. The term of this
Agreement shall commence on January 6, 2018 and shall remain in full force and
effect until September 1, 2019, unless terminated sooner, with or without cause, upon
thirty (30) days advance written notice by Contractor or the City Commission. The
parties agree that they may extend the term of the Agreement to coincide with the
opening of the Charter High School if the school does not open on or about August
2019. Likewise, the commencement date of the term of this Agreement will be
delayed to the date which is immediately after the date of Eric M. Soroka's retirement
as City Manager in the event that his retirement is delayed, upon mutual agreement,
at the request of the City Commission.
III. FEE FOR SERVICES
For satisfactory performance of Services, Contractor shall be paid
compensation of Six Thousand Two Hundred Fifty Dollars ($6,250) per month of the
term. Such fees shall be due and payable on the 201" day of each month pursuant to
proper monthly invoices. This fee shall commence on January 6, 2018, unless
otherwise provided under the circumstance addressed by the last sentence of Section
(2) above. The Contractor shall also be reimbursed for authorized expenses which are
reasonably incurred, not to exceed $3,000 per year. The City Commission may award
a performance bonus at its sole discretion.
IV. INDEPENDENT CONTRACTOR STATUS
Contractor is being engaged to provide. Services and Additional Services to the
City as an independent contractor, and not as an agent or employee of the City (other
than as an agent as expressly provided in Section VII(B) below). Accordingly,
Contractor, its employees, and agents shall not attain nor be entitled to any rights or
benefits of the City, nor any rights generally afforded employees of the City.
Contractor further understands that Florida Workers' Compensation benefits available
to employees of the City are not available to Contractor, its employees, and agents,
and agrees to provide workers' compensation insurance to the extent required by
applicable law for any employee or agent of Contractor rendering Services or
Additional Services to the City under this Agreement.
V. TRANSITION
City agrees to allow Contractor to retain possession of the City issued
Microsoft Surface Laptop after Contractors project coordinator leaves City employ
on January 5, 2018. Provided however, that any correspondence on said computer
pertaining to city business will be copied to the city server to retain under the public
records act.
VI .INSURANCE
Contractor shall at all times carry professional liability or general liability
insurance, and workers' compensation insurance (if required by applicable law),
each in an amount and type which is reasonably approved by City's Finance Director,
including the requirement to name the City and its officers, employees, and agents,
as additional insured on the Contractors liability insurance policy.
VII. INDEMNIFICATION
A. Contractor shall indemnify, defend, and hold harmless City, its officers,
officials, agents, and employees from and against any and all liability, suits,
actions, damages, costs, losses and expenses, including reasonable
attorneys' fees, demands and claims for personal injury, bodily injury or
death or damage or destruction of property, arising out of the intentional
misconduct of Contractor, its agents, employees or subcontractors in the
Contractor's performance of Services and Additional Services pursuant to
this Agreement.
B. Contractor shall be protected from personal liability for tort claims related
to the performance of the Services and Additional Services to the fullest
extent authorized by Section 768.28 (9) (a), Florida Statutes as an agent
of the City for the limited purposes of this Section VII (B). This provision is
intended to provide that Contractor would be protected from tort claims and
suits by third parties to the same extent as a city agent or employee would
be protected, without impairing the applicability and coverage provided by
the insurance provided by Contractor under Section (6) above.
C. Nothing in this Agreement shall be deemed or treated as a waiver by the
City of any immunity to which it is entitled by law, including but not limited
to the City's sovereign immunity as set forth in Section 768.28, Florida
Statutes.
This Agreement shall not be assignable by the City or Contractor.
IX.PROHIBITION AGAINST CONTINGENT FEES
Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Contractor, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s),
company, corporation, individual, or firm, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this
Agreement.
X. ENTIRE AGREEMENT
The Parties hereby agree that this is the entire Agreement between the
Parties. This Agreement cannot be amended or modified without the express written
consent of the Parties. The City Commission shall act for the City hereunder.
XI. WARRANTIES OF CONTRACTOR
Contractor hereby warrants and represents that at all times during the term of
this Agreement, it shall comply with all applicable laws and maintain in good standing,
all required licenses, certifications, and permits required under federal, state, and
local laws necessary to perform the Services and Additional Services .
XILNOTICES
All notices and communications to the City or Contractor shall be in writing
and shall be deemed to have been properly given if transmitted by registered or
certified mail or hand delivery. All notices and communications shall be effective
upon receipt. Notices shall be addressed as follows:
City: City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Telephone: (305) 466-8900
With copy to: City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd.
Suite 700
Coral Gables, Florida 33134
Telephone: (305) 854-0800
Facsimile: (305) 854-2323
Contractor: Eric M. Soroka
CIVICS Consulting Services, LLC
XIII.GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State
of Florida. Venue for any litigation hereunder shall exclusively be in Miami -Dade
County, Florida. The Parties hereby waive any right to trial by jury for any
litigation between the Parties which in any way arises out of this Agreement
or the Services or the Additional Services.
XIV. PUBLIC RECORDS ACT COMPLIANCE
A. Public Records: The Contractor shall comply with The Florida Public
Records Act as follows:
1. Keep and maintain public records in the Contractor's possession or control
in connection with the Contractor's performance under this Agreement that
ordinarily and necessarily would be required by the City in order to perform
the service.
2. Upon request by the City's records custodian, provide the City with a copy
of requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of this Agreement, and following
completion of this Agreement until the records are transferred to the City.
4. Upon completion of this Agreement or in the event of termination of this
Agreement by either party, any and all public records relating to this
Agreement in the possession of the Contractor shall be delivered by the
Contractor to the City, at no cost to the City, within seven (7) days. All
records stored electronically by the Contractor shall be delivered to the City
in a format that is compatible with the City's information technology
systems. Once the public records have been delivered to City upon
completion or termination of this Agreement, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and
exempt from public record disclosure requirements.
5. The Contractor's failure or refusal to comply with the provisions of this
Section shall result in the immediate termination of this Agreement by the
City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS
Custodian of Public Records: Ellisa Horvath, City Clerk
Mailing Address: 19200 W. Country Club Drive, Aventura, FL 33180
Telephone Number: 305-466.8917
Email: horvathe@cityofaventura.com
[INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the Parties hereto have accepted, made, and executed
this Agreement upon the terms and conditions above stated on the day and year first
above written.
CONTRACTOR:
CMCS Consulting Services LLC
By:
Eric M. Soroka,
Managing Mem
CITY:
City of Aventura, Florida
By:?taJ�--
Mayor
ATTEST:
L RAlilr��
Approved as to form and legal sufficiency
for City's reliance only'.
�Y[M I
City Attorney