07-16-2020 Regular Workshop AgendaThe City of
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19200 West Country Club Drive Aventura, FL 33180
City Commission
Workshop Meeting
July 16, 2020
Following 9 a.m. Commission Meeting
Via Virtual Communications Media Technology
This meeting shall be held in accordance with the Governor's Executive Order 2020-69 extended
through Executive Orders 20-112, 20-123, 20-139, and 20-150. Because of COVID-19, and the
need to ensure the public health, safety and welfare, this meeting will be conducted remotely via
Zoom.
Due to the on -going state of emergency and the recommendations from all public health
authorities, the City of Aventura recommends that all persons view and participate in the meeting
through electronic means. Members of the public wishing to access the meeting, please do so as
follows..
Join the Zoom Meeting from your computer, tablet, or smartphone at:
Zoom.us/join
Meeting ID: 844 8480 3662
You can also dial in using your phone to the any of the following numbers:
US +1 312 626 6799
US +1 929 205 6099
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US +1 669 900 6833
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Meeting ID: 844 8480 3662
The City
City Commission
Alei ffura
WorkshopMeeting
July 16, 2020
Following 9 a.m. Commission Meeting
19200 West Country Club Drive Aventura, FL 33180
Via Virtual Communications Media Technology
AGENDA
1. Call to Order / Roll Call
2. Discussion: Resolution Enacting Temporary Prohibition on Smoking at Outdoor
Dining Areas and Commercial Dining Establishments and Stand -Alone Bars
During COVID-19 (City Manager)*
Future Action Required: Resolution
3. Discussion: Resolution in Favor of Requiring "Kaufman Language" or "As
Amended from Time to Time" Language in Condominium and Homeowner
Association Declarations (City Manager)*
Future Action Required: Resolution
4. Discussion: Youth Advisory Board (City Manager)
Future Action Required: Resolution
5. Update: Charter Schools Update (City Manager)
6. Discussion: COVID-19 Testing (City Manager)
7. Discussion: Don Soffer Aventura High School Foundation Inc. Board of Directors
— Florida Sunshine Law (City Manager)
Future Action Required: Resolution
8. Discussion: Marketing/Communications/Website (Commissioner Dr. Marks)
9. Adjournment
Y Back-up Information Exists
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-8901 or cityclerk(kcityofaventura.com, not later than two days prior to such proceeding. One or more members of the City of
Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and
printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or
cityclerk@cityofaventura.com.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM. Ronald J. Wasson, City Manager - --
DATE: July 10, 2020
SUBJECT: Discussion of Resolution Enacting Temporary Prohibition on
Smoking at Outdoor Dining Areas and Commercial Dining
Establishments and Stand -Alone Bars (City Manager)
July 16, 2020 City Commission Workshop Agenda Item 2
RECOMMENDATION
I have placed this matter on the Workshop Agenda for discussion in urging the Florida
Governor, Florida Legislature, and Florida Surgeon General to enact a temporary
prohibition on smoking for the duration of the COVID-19 public health emergency at
outdoor dining areas of commercial dining establishments and stand-alone bars.
If you have any questions, please feel free to contact me.
RJW/act
CCO1894-20
City of
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Office of the City Manager
July 10, 2020
Florida Surgeon General Scott Rivkees, M.D.
Florida Department of Health
4052 Bald Cypress Way
Tallahassee, FL 32399
Re: Request for Temporary Prohibition on Smoking in All Areas of Commercial
Establishments
Dear State Surgeon General Rivkees:
On behalf of the City of Aventura (the "City"), I am respectfully requesting that the Florida
Department of Health (the "FDOH") issue an emergency order prohibiting smoking in all areas
located on commercial dining establishments, including outdoor dining areas and stand-alone
bars.
The City has proactively monitored and implemented emergency measures to safeguard our
residents and visitors from the COVID-19 public health emergency that is affecting the State of
Florida, while also carefully reopening our local businesses. However, in our efforts to safely
reopen, we are now cognizant that, in part due to social distancing requirements, patrons of
commercial establishments in the City are increasingly coming in contact with second-hand
smoke.
Current recommendations given by the FDOH Bureau for Tobacco Free Florida and by the
World Health Organization (the "WHO") advise that individuals should avoid smoking and/or
coming in contact with second-hand smoke because smoke inflames and irritates an
individual's lungs, making it susceptible to damage. As both the FDOH and the WHO have
noted, early studies show that the effects of smoking can worsen and even increase the risk of
death for individuals that contract COVID-19. This risk is becoming increasingly real as
individuals come in contact with second-hand smoke in outdoor dining areas of restaurants and
stand-alone bars that are operating at reduced capacity, which is necessary to comply with
social distancing requirements.
PHONE: 305-466-8910 • FAY: 305-466-8919
www.cityofaventura.com
July 10, 2020
Florida Surgeon General Scott Rivkees, M.D.
Page Two
To protect the public in light of these facts, the City finds that it is necessary to temporarily
prohibit smoking in all areas of and types of commercial establishments, including outdoor
dining areas and stand-alone bars. Since the Florida Clean Indoor Air Act prohibits local
governments from adopting rules and regulations governing smoking in public, the City
respectfully requests that FDOH adopt strong smoking prohibitions to protect the public health.
Respectfully,
Ronald J. Wasson
City Manager
CC' Florida Governor Ron DeSantis
City Mayor and Commissioners
CM03052-20
PHONE: 305-466-8910 • FAY: 305-466-8919
www.cityofaventura.com
RESOLUTION NO. 2020
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, URGING THE FLORIDA GOVERNOR, FLORIDA LEGISLATURE,
AND FLORIDA SURGEON GENERAL TO ENACT A TEMPORARY
PROHIBITION ON SMOKING FOR THE DURATION OF THE COVID-19
PUBLIC HEALTH EMERGENCY AT OUTDOOR DINING AREAS OF
COMMERCIAL DINING ESTABLISHMENTS AND AT STAND-ALONE BARS;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS NAMED HEREIN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis issued Executive Order
Number 20-52 declaring a state of emergency due to the public health threat posed by COVID-
19, a virus that causes severe acute respiratory infections; and
WHEREAS, on March 12, 2020, the City of Aventura (the "City") declared a state of
emergency within the City due to the COVID-19 public health emergency; and
WHEREAS, the World Health Organization recommends that individuals avoid using
tobacco products and reduce exposure to second-hand smoke because of tobacco smoke's
harmful effects on the respiratory system, which can increase the severity and risk of death
posed by COVID-19; and
WHEREAS, the Florida Department of Health's Bureau of Tobacco Free Florida also
recommends that individuals avoid exposure to smoke caused by tobacco products due to its
impact on an individual's ability to overcome a COVID-19 infection; and
WHEREAS, although the Florida Clean Indoor Air Act generally restricts smoking inside
commercial establishments, smoking is allowed inside stand-alone bars and in outdoor dining
areas at restaurants; and
WHEREAS, in light of the increase in outdoor dining at restaurants due to social
distancing requirements, individuals are increasingly being exposed to second-hand smoke that
increases the risk of complication if an individual contracts COVID-19; and
I
City of Aventura Resolution No. 2020-
WHEREAS, the City is dedicated to protecting the health and welfare of City residents
during the COVID-19 public health emergency and desires that the State of Florida take all
actions necessary to eliminate the risks associated with exposure to smoking at all commercial
dining areas, including stand-alone bars and outdoor dining areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. Recitals. That the recitals and findings contained above are hereby
confirmed, adopted and incorporated herein.
Section 2. Urging. That the City Commission hereby urges the Florida Governor,
Florida Legislature, and Florida Surgeon General to enact a temporary prohibition on smoking
for the duration of the COVID-19 public health emergency at outdoor dining areas of commercial
dining establishments and at stand-alone bars. In the alternative, the City Commission urges the
Florida Governor, Florida Legislature, and Florida Surgeon General to temporarily suspend
state preemption under F.S. § 386.209 for the duration of the COVID-19 public health
emergency to allow local governments to adopt more restrictive emergency measures on the
use of tobacco products at commercial dining establishments and stand-alone bars.
Section 3. Transmittal. That the City Clerk is directed to transmit a copy of this
Resolution to Florida Governor Ron DeSantis, Florida Senate President Bill Galvano, Florida
House Speaker Jose Oliva, and the Florida Surgeon General Scott Rivkees, M.D.
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:
K
City of Aventura Resolution No. 2020-
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Vice Mayor Howard Weinberg
Mayor Enid Weisman
PASSED AND ADOPTED this day of , 2020.
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ENID WEISMAN, MAYOR
191
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM. Ronald J. Wasson, City Manager - --
DATE: July 10, 2020
SUBJECT: Discussion of Resolution in Favor of Requiring "Kaufman Language"
or "As Amended from Time to Time" Language in Condominium and
Homeowner Association Declarations (City Manager)
July 16, 2020 City Commission Workshop Agenda Item 3
RECOMMENDATION
I have placed this matter on the Workshop Agenda for discussion in favor of requiring
"Kaufman Language" or "As Amended from Time to Time" language in condominium
and homeowner association declarations.
If you have any questions, please feel free to contact me.
RJW/act
CCO1895-20
11
19
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF HALLANDALE BEACH,
5 FLORIDA, IN FAVOR OF REQUIRING "KAUFMAN
6 LANGUAGE" OR "AS AMENDED FROM TIME TO TIME"
7 LANGUAGE IN CONDOMINIUM AND HOMEOWNER
8 ASSOCIATION DECLARATIONS; AND PROVIDING AN
9 EFFECTIVE DATE.
to
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RESO 2020-026
FILE NO. 20-157
38 even existed, while the neighboring community which was built at exactly the same time
39 may be subject to the current version of these statutes; and
40 WHEREAS, in the interests of protecting the owners of condominium units and
41 homes located in homeowner associations, this commission recommends that all
42 community associations adopt amendments to their governing documents which
43 incorporates "as amended from time to time" language', and
44 WHEREAS, in the interests of protecting residents in condominiums and
45 homeowner associations in the State of Florida, this Commission requests that the Florida
46 Legislature enact legislation that requires all new declarations of condominium and
47 declarations of covenants and restrictions to contain language that automatically
48 incorporates legislative amendments as they are passed by the Florida Legislature from
49 time to time.
50
51 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
52 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
53
54 SECTION 1. The foregoing "Whereas" clauses are incorporated herein.
55
56 SECTION 2. The Mayor and City Commission hereby recommend that all
57 community associations adopt amendments to their governing documents which
58 incorporates "as amended from time to time" language.
59
60 SECTION 3. The Mayor and City Commission hereby requests that the Florida
61 Legislature enact legislation that requires all new declarations of condominium and
62 declarations of covenants and restrictions to contain language that automatically
63 incorporates legislative amendments as they are passed by the Florida Legislature from
64 time to time.
W
66 SECTION 4. The C4 Clerk is hereby instructed to distribute this resolution to
67 associations known to the City and to other individuals and representatives, as
68 appropriate, including City Clerks of other municipalities, the Florida League of Cities and
69 the Broward Delegation,
70
2 RESO 2020-026
FILE NO, 20-157
71 SECTION 5. Effective Gate. This Resolution shall take effect immediately upon
72 its passage and adoption.
73
74 APPROVED AND ADOPTED this 20th day of May 2020.
75
76
77
78 JOY F. O
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79 MAYO
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81 SPONSOREDBY: COMMISSIONER ANABELLE Ll A®TAU
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FINAL VOTE ON ADOPTION
JEN ` fiI," UILLEN, CIVIC
Ill IRC Mayor Cooper YES
°� Vice Mayor Javellana YES
t U AS TO LEGAL SUFFICIENCY Commissioner Sutler YES
Commissioner Lazaro Y S
Commissioner Lima -Taub YES
9K
3 RESO 2020-026
FILE N. 20-157