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01-05-2021 Regular Commission Meeting Agenda City Manager City Commission Ronald J.Wasson Enid Weisman,Mayor Robert Shelley,Vice Mayor City Clerk Jonathan Evans,Commissioner Ellisa L.LTorvarin MMC Rachel S.]Friedland,Commissioner j Denise Landman,Commissioner City Attorney Dr.Linda Marks,Commissioner � �� �` Weiss Scrota Helfinian Marc Narotsky,Commissioner e � Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA JANUARY 5, 2021 6:00 p.m. Via Virtual Communications Media Technology This meeting shall be held via virtual communications media technology as made necessary by the continued state and local emergency. Because of the continued COVID-19 pandemic, 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: 828 5731 6172 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 828 5731 6172 Members of the public will be able to provide comments via audio when directed by the Mayor to do so. Please tap the screen on your cellphone or tablet, or move your mouse on your computer, to view an option to raise your hand. Tap or click on the "raise hand" icon displayed to raise your hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. Speakers will be provided three minutes to provide comments. Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com by January 4, 2021 at 6:00 p.m. Comments received will be provided to the City Commission. Please list the item you are providing a comment for in your email. City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor ���_;�__+ Robert Shelley,Vice Mayor �:!_ =�:;\ City Clerk Jonathan Evans,Commissioner Elllisa L.Horvath,MMC Rachel S.Friedland,Commissioner i Denise Landman,Commissioner City Attorney Dr.Linda Marks,Commissioner G_ Weiss Scrota Hellman Marc Narotsky,Commissioner e�✓ G ,.n Q,� Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA JANUARY 5, 2021 6:00 p.m. Via Virtual Communications Media Technology 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Aventura City of Excellence School Update from Principal Tyrkala • Don Soffer Aventura High School Update from Principal McKnight 5. CONSENT AGEN DA: 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: • November 5, 2020 City Commission Inauguration Ceremony • November 10, 2020 City Commission Regular Meeting • November 19, 2020 City Commission Special Meeting • November 19, 2020 City Commission Regular Workshop Meeting • December 14, 2020 City Commission Special Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2021 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF DANIEL NAIM AS A SPECIAL MASTER FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. Aventura City Commission Regular Meeting Agenda January 5, 2021 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 3, 2020 MUNICIPAL CANDIDATE ELECTION FOR COMMISSION SEAT 1 AND COMMISSION SEAT 5, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; DECLARING THE QUALIFYING UNOPPOSED CANDIDATE ELECTED TO COMMISSION SEAT 3 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS FOR THAT SEAT, AS CERTIFIED BY THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER REVISION COMMISSION,IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS CONCERNING PARAGRAPH (C) "LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE", AND SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL STANDARDS", AND SECTION 7.06 "CHARTER REVISION" OF THE CITY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 27m DAY OF APRIL 2021; PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,URGING THE BAHAMIAN GOVERNMENT TO DENY OFFSHORE OIL DRILLING EXPLORATION LICENSES AND PERMANENTLY BAN OFFSHORE OIL DRILLING ACTIVITIES IN THE BAHAMAS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. BOARD OF DIRECTORS FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING ELECTED OFFICIALS OF THE CITY OF AVENTURA TO PARTICIPATE IN THE CITY'S ICMA-RC 457 PLAN,WITH ALL APPLICABLE CONTRIBUTIONS TO BE PAID SOLELY BY THOSE ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO.20-07-23- 3, CITY OF AVENTURA ON-DEMAND TRANSPORTATION SERVICES TO BEEFREE LLC D/B/A FREEBEE IN ACCORDANCE WITH THE RFP DOCUMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda January 5, 2021 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. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MODIFICATION OF SIGN VARIANCE APPROVALS GRANTED PURSUANT TO RESOLUTION NOS. 2004-50 AND 2005-47 FOR MIAMI BEACH HEALTH CARE GROUP LTD.D/B/A AVENTURA HOSPITAL AND MEDICAL CENTER TO PERMIT A SECOND WALL SIGN ON THE EAST ELEVATION OF THE HOSPITAL BUILDING AND THE REPLACEMENT AND RELOCATION OF TWO MONUMENT SIGNS,AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)D. OF THE CITY CODE OF ORDINANCES TO PERMIT RETAIL USES AS PART OF A NON-RESIDENTIAL DEVELOPMENT, TOTALING 7.85%OF THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF THE BUILDING, WHERE THE CITY CODE PERMITS RETAIL USES NOT IN EXCESS OF 15% OF THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF THE BUILDING; FOR THE OFFICE/HOTEL DEVELOPMENT LOCATED AT 2820 NE 214 STREET, CITY OF AVENTURA; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES — FIRST READING/PUBLIC HEARINGS: None. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-14 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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 Page 3 of 4 Aventura City Commission Regular Meeting Agenda January 5, 2021 FUTURE MEETINGS Meeting dates,times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held either at the City of Aventura Government Center(19200 West Country Club Drive,Aventura)or via virtual communications media technology as designated on the applicable agendas.Please monitor the City's website for procedural changes necessitated by the COVID-19 emergency. COMMISSION REGULAR WORKSHOP—JANUARY 21,2021 FOLLOWING 9 AM GOVERNING BOARD MTGS. COMMISSION REGULAR MEETING—FEBRUARY 2,2021 AT 6 PM COMMISSION REGULAR WORKSHOP—FEBRUARY 18,2021 FOLLOWING 9 AM GOVERNING BOARD MTGS. 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@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in 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 are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: December 30, 2020 SUBJECT: Approval of Minutes January 5, 2021 City Commission Meeting Agenda Item 5A RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in November and December 2020. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • November 5, 2020 City Commission Inauguration Ceremony • November 10, 2020 City Commission Regular Meeting • November 19, 2020 City Commission Special Meeting • November 19, 2020 City Commission Regular Workshop Meeting • December 14, 2020 City Commission Special Meeting Should you have any questions, please contact me. /elh attachments AVENTURA CITY COMMISSION INAUGURATION CEREMONY MINUTES NOVEMBER 5, 2020 7:00 P.M. Aventura Government Center 19200 West Country Club Drive, Aventura, FL 33180 The Inauguration Ceremony began at 7:00 p.m. Those in attendance were: Mayor Enid Weisman, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner-Elect Jonathan Evans, Commissioner-Elect Dr. Linda Marks, and Commissioner-Elect Rachel Saltzman Friedland. City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David Wolpin were also in attendance. Mayor Weisman provided opening remarks and recognized those dignitaries in attendance. The program was as follows: • Pledge of Allegiance: The Pledge of Allegiance was led by the children of Commissioner-Elect Rachel Saltzman Friedland. • Invocation: Rabbi Jonathan Berkun, Aventura Turnberry Jewish Center, provided the Invocation. • Administering the Oaths of Office and Presentation of Election Certificates: Mrs. Horvath administered the Oaths of Office and presented Election Certificates individually to Dr. Linda Marks (Commissioner Seat 1), Jonathan Evans (Commissioner Seat 3), and Rachel Saltzman Friedland (Commissioner Seat 5). Each Commissioner took their seat on the dais following their oath of office; thereby joining the rest of the Commission already seated. • Introduction of Aventura City Commission and Remarks: Mrs. Horvath introduced the 2020 seated Aventura City Commission. Members of the Commission provided comments individually. Mayor Weisman provided closing remarks and concluded the Inauguration Ceremony at 7:42 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 5, 2021. gyp. AVENTURA CITY COMMISSION REGULAR MEETING MINUTES NOVEMBER 10, 2020 6:00 P.M. Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.03 p.m. The roll was called and the following were present: Mayor Enid Weisman, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. The meeting was held via video conferencing through Zoom, as specified on the meeting agenda and as a result of the state of emergency due to COVID-19. Members of the public were given instructions for providing comments. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. ELECTION OF VICE MAYOR: Following a nomination was made by Commissioner Narotsky and seconded by Commissioner Dr. Marks to elect Commissioner Shelley to serve as Vice Mayor for the next six months. There were no other nominations. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. Commissioner Shelley was unanimously approved by roll call vote, to serve as Vice Mayor for the next six months. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Aventura City of Excellence School Update from Principal Tyrkala: Principal Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update from Principal McKnight: Principal David McKnight provided a brief report on DSAHS. Aventura City Commission Regular Meeting Minutes November 10, 2020 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 Commissioner Landman, seconded by Commissioner Narotsky, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • October 6, 2020 City Commission Regular Meeting • October 16, 2020 City Commission Regular Workshop Meeting B. Resolution No. 2020-72 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,APPROVING THE APPOINTMENT OF MEMBERS TO THE CHARTER REVISION COMMISSION;AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2020-73 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2020-74 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT BY TEN (10) FOOT EASEMENT TO MIAMI-DADE COUNTY ON THE WATERWAYS PARK SITE; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2020-75 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM;AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2020-76 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 AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS,INC.(DOING BUSINESS AS VERRA MOBILITY); AUTHORIZING THE CITY MANAGER TO DO ALL Page 2 of 5 Aventura City Commission Regular Meeting Minutes November 10, 2020 THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2020-77 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY RELATING TO DIRECT RADIO COMMUNICATION BETWEEN 911 PUBLIC SAFETY ANSWERING POINTS AND FIRST RESPONDER AGENCIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES -SECOND READING —PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," OF THE CITY CODE BY CREATING SECTION 2-234,ENTITLED"TRANSACTION CONVENIENCE FEES"; 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 Dr. Marks and seconded by Commissioner Narotsky. Mr. Wasson reviewed the item providing for transaction convenience fees for the use of credit card payments and explained that payments could still be made via cash or checks. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2020-13 was adopted. 8. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None. 9. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-14 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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. Page 3 of 5 Aventura City Commission Regular Meeting Minutes November 10, 2020 A motion for approval of the Ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Evans. Mr. Wasson reviewed the item, highlighting the changes in expenditures and revenues. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. Mr. Wasson will provide letters from the Commission to Senator Pizzo and Representative Geller thanking them for their efforts on the City's behalf. The motion for approval of the Ordinance passed unanimously on first reading, by roll call vote. Mr. Wolpin read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-31 "COMPLIANCE WITH INTERNAL REVENUE CODE", TO PROVIDE FOR COMPLIANCE WITH THE SECURE ACT;PROVIDING FOR REPEAL;PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Dr. Marks. Mr. Wasson reviewed the item pertaining to items needed to comply with IRS requirements. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously on first reading, by roll call vote. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS: Mr. Wasson explained that although the physical Veteran's Day ceremony had been canceled, a virtual video recognizing veteran residents would be provided online instead. Commissioner Friedland suggested a City-wide food drive for Thanksgiving that could be done in conjunction with the schools. Commission consensus was provided for Mr. Wasson to coordinate with Commissioner Friedland and the principals for a City-wide food drive. Page 4 of 5 Aventura City Commission Regular Meeting Minutes November 10, 2020 12. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Sandra Kaplan (20335 W. Country Club Drive, Aventura), Shelly Macin Buncher (Biscayne Cove, Aventura), and Daniel Naim (20865 NE 32nd Avenue, Aventura). 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Evans, and unanimously approved; thus, adjourning the meeting at 6:48 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 5, 2021. Page 5 of 5 Wy.. .pmv 14 gyp. AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES NOVEMBER 19, 2020 9:00 A.M. Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9.05 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman provided information on the meeting being held via video conferencing through Zoom, as specified on the meeting agenda and as a result of the continued state of emergency due to COVID-19. Members of the public were given instructions for providing comments. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. PRESENTATION OF PROCLAMATIONS: Mayor Weisman read the proclamations for Dr. Neil Furman and Dr. Marvin Wellen recognizing their superior patient care and tireless efforts at Aventura Hospital and Medical Center, during the current COVID-19 pandemic. Dr. Furman and Dr. Wellen expressed gratitude on receipt of the proclamations and also recognized their colleagues for their work. 2. ORDINANCES -SECOND READING —PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-31 "COMPLIANCE WITH INTERNAL REVENUE CODE", TO PROVIDE FOR COMPLIANCE WITH THE SECURE ACT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Evans. Mr. Wasson reviewed the item. Aventura City Commission Special Meeting Minutes November 19, 2020 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2020-14 was adopted. REPORTS: Vice Mayor Shelley reported on his monthly meeting with the City's investment advisors, along with Mr. Wasson and Mr. Raducci. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Landman, and unanimously approved; thus, adjourning the meeting at 9:20 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 5, 2021. Page 2 of 2 yo�, ck AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES NOVEMBER 19, 2020 Following 9:00 a.m. Special Commission Meeting Virtual Meeting Via Video Conferencing The meeting was held via video conferencing through Zoom, as specified on the meeting public notice and agenda, as a result of the continued COVID-19 state of emergency. 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 9:20 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. 2021 Commission Meeting Schedule/2021 Charter Schools Governing Board Meeting Schedule (City Manager): Mr. Wasson reviewed the proposed dates for the 2021 City Commission meetings, as well as the proposed dates for the 2021 Governing Board meetings for both of the City's charter schools. City Manager Summary: It was the consensus of the City Commission to accept the Governing Board meeting schedule, with the following changes: move the October 21 st meeting to September 23rd. Additionally, it was the consensus of the City Commission to accept the City Commission meeting schedule with the following changes: move the July 6t" meeting to July 7t", move the July 15t" workshop to July 22nd, and move the September 1st meeting to September 2na 3. Appointment of Members to the Don Soffer Aventura High School Foundation, Inc. 501(c)(3) Board of Directors (City Manager): Mr. Wasson reviewed the current members on the Board, whose terms expire in January. City Manager Summary: It was the consensus of the City Commission to proceed with a Resolution on the January 5t" Commission Meeting Agenda to appoint the following to the Don Soffer Aventura High School Foundation for one-year terms: Andrea Beck, Gimol Bentes, Cindy Orlinsky, and Brett Storch. Commission members will provide recommendations to Mr. Wasson for the remaining available seats. Aventura City Commission Regular Workshop Meeting Minutes—November 19, 2020 4. Presentation: Update by the Don Soffer Aventura High School Foundation, Inc. 501(c)(3) (City Manager): Cindy Orlinsky, DSAHS Foundation President and Chair, provided a PowerPoint presentation highlighting the work of the Foundation. City Manager Summary: It was the consensus of the City Commission that they be provided with the Foundation newsletters. Additionally, the Commission members will provide any contacts for donors they may have to the Foundation. 5. Discussion: Romero Britto Mural Donation to the Aventura City of Excellence School (ACES) for Exterior Entrance Wall (City Manager): Mr. Wasson provided information and requested approval for the acceptance and installation of a wall mural for ACES donated by artist Romero Britto. City Manager Summary: It was the consensus of the City Commission to accept the donation from Romero Britto as presented. 6. Discussion: City's Legislative Programs and Priorities for Upcoming Session (City Manager): Mr. Wasson reviewed the proposed Legislative Program and Priorities for 2021. The Commission discussed the items as provided in the agenda. City Manager Summary: It was the consensus of the City Commission for a Resolution to be placed on the January 5t" Commission Meeting Agenda to adopt the 2010 Legislative Program and Priorities as presented. 7. Discussion: Allowing Elected Officials to Join the City's ICMA-RC 457 Plan (City Manager): Mr. Wasson explained the request to allow members of the City Commission to join the City's ICMA-RC 457 Plan, at no cost to the City, with any contributions to be paid by the participant. He will provide the Commission with information on the City's 457 Plan. City Manager Summary: It was the consensus of the City Commission for a Resolution to be placed on the January 5t" Commission Meeting Agenda to allow members of the Commission to join the City's ICMA-RC 457 Plan as outlined by Mr. Wasson. 8. Selection of Representative to the Miami-Dade County League of Cities (City Manager): Mr. Wasson explained the need to select a new representative for the City to the Miami-Dade County League of Cities, since Commissioner Weinberg had served in that capacity and was no longer on the Commission. City Manager Summary: It was the consensus of the City Commission for Commissioner Friedland to serve as the City's new representative and for Commissioner Evans to serve as the alternate. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—November 19, 2020 9. City Manager Annual Review: The Commission discussed the City Manager's performance during the past year. Mr. Wasson requested that he be allowed to carry his remaining vacation time over into the new year. City Manager Summary: It was the consensus of the City Commission to provide Mr. Wasson with a 3% salary adjustment and an annual performance bonus of$10,000. Additionally, Mr. Wolpin will provide any update to Mr. Wasson's contract that may be needed to carry over his remaining vacation time. The following additional items were discussed: The Commission discussed the possibility of providing an annual contribution to the Foundation. Commissioner Dr. Marks thanked Mayor Weisman for the recent proclamations recognizing two doctors at Aventura Hospital for their care of COVID-19 patients. The Commission discussed the importance of adhering to the CDC guidelines over the holidays. 10. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:06 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 5, 2021. Page 3 of 3 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES DECEMBER 14, 2020 9:00 A.M. Virtual Meeting Via Video Conferencing 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9.01 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Mayor Weisman provided information on the meeting and subsequent governing board meetings being held via video conferencing through Zoom, as specified on the meeting agendas and as a result of the continued state of emergency due to COVID-19. 2. REQUEST FOR ATTORNEY-CLIENT SESSION BY OUTSIDE COUNSEL: Mr. Wolpin read the request. Mr. Wasson introduced Attorney Erin Bohannon with the City's outside counsel (Kluger, Kaplan, Silverman, Katzen & Levine, P.L). Erin Bohannon, Esq. requested an attorney-client session with the City Commission to discuss the City's pending litigation with the School Board of Miami-Dade County. Mr. Wasson will schedule the attorney-client session. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Evans, seconded by Commissioner Landman, and unanimously approved; thus, adjourning the meeting at 9.05 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 5, 2021. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6�L DATE: December 30, 2020 SUBJECT: Resolution Approving Legislative Programs and Priorities for 2021 January 5, 2021 City Commission Meeting Agenda Item 5B RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Legislative Programs and Priorities for 2021. The document includes items discussed at the November Workshop Meeting. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1947-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2021 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura 2021 Legislative Program and Priorities, attached hereto, is hereby adopted. Section 2. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 3. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution (adopting the items of the Legislative Program, excluding Item #11) 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman The foregoing Resolution (as to solely the portion adopting Item #11 of the Legislative Program) was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 5t" day of January, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES of EXCe r� 2021 Mayor Enid Weisman Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath City Attorney Weiss Serota Helfman Cole & Bierman, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2021 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Support Legislation to expressly mandate that school boards share referendum revenue with municipal charter schools as the tax revenue is collected each year and to share on a per student basis, regardless of the year at which the tax referendum was initially approved by the voters. 2. Support the home rule powers of local government. 3. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 4. Support legislation to increase financial support for Charter schools. 5. Increase educational funding levels for Miami-Dade County Traditional and Charter public schools in order to meet per pupil State Constitutional requirements. 6. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and / or amendments. 7. Adopt the 2021 Policy Statement of the Florida League of Cities as applicable to the City of Aventura. 8. Enact a law enabling cities to prohibit smoking at City sponsored events or activities and / or at City parks and facilities. Smoking is defined as "any nicotine delivery device" including, but not limited to, smoking and chewing tobacco. 9. On a state-wide level, ban the use of handheld phones by persons operating motor vehicles, but allowing hands free phone devices. 10. Preserve municipal authority for red light camera safety programs. 11. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and 720.3085(2)(c) HOAs to increase the liability of qualified lending institutions to the lesser of twenty-four (24) months of past due assessments or two percent (2%) of the original mortgage in the event of a foreclosure plus recovery of reasonable attorney fees. 12. Support initiatives to address the impact of rising seas on the South Florida area. 13. Fund the review of alternatives to improve traffic flow at Miami Gardens Drive and Biscayne Boulevard Intersection. 14. Support legislation to amend Section 768.28, Florida Statutes, to expressly state that sovereign immunity constitutes immunity from suit (not just immunity from liability) to the extent not waived by applicable law. 15. Support the adoption of legislation to restore municipal authority to regulate drones in order to protect privacy and to protect persons and property within the municipality. 16. Support funding to reduce traffic congestion by developing alternate transportation modes. The City of Aventura will seek state financial assistance for the following projects: 1. Installation of Curbing for Flooding Mitigation on Country Club Dr., 190t" St. and Aventura Blvd. $421,762. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM. Ronald J. Wasson, City Manager r DATE: December 30, 2020 SUBJECT: Appointment of Special Master for Code Enforcement Process January 5, 2021 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission ratify the City Manager's appointment of Daniel Naim as Special Master for the City of Aventura Code Enforcement process. BACKGROUND Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process, provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. The above-referenced individual is submitted to you for appointment as Special Master. If you have any questions please feel free to contact me. CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk "J DATE: December 30, 2020 SUBJECT: November 3, 2020 Municipal Candidate Election Results January 5, 2021 City Commission Meeting Agenda Item 51) RECOMMENDATION It is recommended that the City Commission adopt the attached resolution concerning the results of the Municipal Candidate Election for November 3, 2020. BACKGROUND Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of election results to the City Commission for adoption by resolution at the next meeting following the election. Since the County Canvassing Board had not certified the results prior to the November Commission meeting, they are submitted at this time. The attached resolution submitted for your approval declares that Linda Marks and Rachel Saltzman Friedland were elected to Commission Seats 1 and 5 respectively. Additionally, Jonathan Evans was elected to Commission Seat 3 by operation of law, without further conduct of election process. Should you have any questions, please contact me. attachment RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE NOVEMBER 3, 2020 MUNICIPAL CANDIDATE ELECTION FOR COMMISSION SEAT 1 AND COMMISSION SEAT 5, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; DECLARING THE QUALIFYING UNOPPOSED CANDIDATE ELECTED TO COMMISSION SEAT 3 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS FOR THAT SEAT, AS CERTIFIED BY THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura 2020 Municipal Candidate Election was scheduled for November 3, 2020 for the offices of Commission Seat 1 , Commission Seat 3, and Commission Seat 5; and WHEREAS, on November 3, 2020 a Municipal Candidate Election was held for the offices of Commission Seat 1 and Commission Seat 5; and WHEREAS, the Canvassing Board has canvassed and certified the election results for the offices of Commission Seat 1 and Commission Seat 5 and this Commission wishes to adopt the election results as certified by the Canvassing Board; and WHEREAS, since only one candidate qualified to run for the office of Commission Seat 3, that candidate is unopposed and is deemed to be elected by operation of law without further conduct of election process; and WHEREAS, Section 26-1 of the Aventura City Code provides that the City Clerk shall present a certification of election results to the City Commission at the first meeting of the City Commission following the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: City of Aventura Resolution No. 2021-_ Section 1. The results of the November 3, 2020 Municipal Candidate Election, as certified by the Canvassing Board and attached hereto, indicate that the following candidates were elected to Commission Seats 1 and 5: Commission Seat 1 Linda Marks Commission Seat 5 Rachel Saltzman Friedland Section 2. The following candidate, being unopposed as the sole qualifying candidate for the office of Commission Seat 3, as indicated below, is hereby declared to be elected to such office: Commission Seat 3 Jonathan Evans Section 3. The results of the election process, as certified by the City Clerk, are hereby adopted. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021-_ PASSED AND ADOPTED this 5th day of January, 2021 . ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Elections 2700 NW 87th Avenue M I AM I.DADE Miami, Florida 33172 T 305-499-VOTE F 305-499-8547 TTY: 305-499-8480 miamidade.gov CERTIFICATION STATE OF FLORIDA) COUNTY OF MIAMI-DADE) I, Christina White, Supervisor of Elections for Miami-Dade County, Florida, do hereby certify that the attached is a true and correct copy of the Official Results for the Miami-Dade County General Election conducted on November 3, 2020, which included the Aventura General Election: City Commissioner Seat 1 City Commissioner Seat 5 WITNESS MY HAND AND OFFICIAL SEAL, AT MIAMI, MIAMI-DADE COUNTY, FLORIDA, ris na White Supervisor of Elections ON THIS 13TH DAY OF NOVEMBER, 2020 Miami-Dade County Enclosure SUMMARY REPT-GROUP DETAIL Official General Election Official Results Miami-Dade County, FL November 3, 2020 Run Date:11/13/20 03:58 PM Report EL45A Page 007 TOTAL VOTES X ED VBM EV PROV Aventura Commissioner Seat 1 (VOTE FOR) 1 Linda Marks. , . . . . . . . . 10,112 65,82 983 5,585 3,544 0 Barry David Silverstein. . . . . . 5,251 34.18 561 2,712 1,978 0 Total . . . . . . . . . 15,363 1,544 8,297 5.522 0 Over Votes . . . . . , . . . 3 0 3 0 0 Under Votes . . . . . . . . . 3,325 461 1,421 1,443 0 Aventura Commissioner Seat 5 (VOTE FOR) 1 Rachel Saltzman Friedland . . . . . 7,822 49.50 824 4,206 2,792 0 Joshua Mandall. . . . . . . . . 3,151 19.94 308 1,659 1,184 0 Gladys Mezrahi. . . . . . . . . 4,828 30.56 492 2,543 1,793 0 Total . . . . . . . . . 15.801 1,624 8,408 5,769 0 Over Votes . . . . . . . . . 12 0 10 2 0 Under Votes . . . . . . . . . 2,878 381 1,303 1,194 0 I M LO:ZPbO OZOZ/Ml l :smolloj se suimoi ppus moj�plzao Xgojoq op am -SUOTIaaIg JO JOSlAaadnS aql jo aap33o aui u1 olll uo sumlai aLli Xq umogs sr `Q V OZOZ `aagW@AON JO kep pilgl aLII uo plan uesipeduoN z)ql I-P patgpoods uponq suoszad pue soogjo Ieaanas aLli JOJ uaA1�3 salon Qqj ssnAUeo Al �lailgnd popaaowd pup •Q•V OZOZ `aagw;DAO N jo ivp Llluaajpj4j aul uo Iaui om ieui �3lizao XgaaaLl op `XaunoD pleS JOJ pu13 u1 saasseAu D XjunoD jo paeog all �upinilisuoa `SUOIIoaIg JO zOSIAaadnS `g.LLHtA VNILSI2IHj `aOpnr /lunoD `flgXq VNg'IIIW `afpnr /SjunoD `2Iq"q-4 VRIO.I DIA `pou�?isaapun oLll `arn AJLNf10a HQVQ-II/IVIN CrdV0ff'DNISSVANVO AJLNf10D AO IJLV3IAI.LH213 ... silnsaU lelai.I.IO *** £ Wd LO:ZI:bO OZOZ/£I/lI salon 8ZS't pan?aoaa tilnazow SXPU[D salon I S I`£ Paniaoaa llvpupW nngsor salon ZZ8`L Pantaoaa pup[paiad uvtuzllvS lakon2l uolum3o I08`SI SUM ISUO sOIOA JO aaqutnu ologm aql`S IUaS aauolsstututoL)UanIUOAV and salon [SZ`S pan?aoaa utalsaanliS p?nVQ XJXUa salon Z I l`0[ POAIOoaa s3lavw upul'I uol4AI3o �9�`SI si?m Ist?o salon JO aogLunu olotlm aul`I InaS aauo?sstuzuaoD>?anluOAV and A.LNflo0 aQVQ-IwVIIAi Q2iV0$ONISSVANVO A,I NMOD AO :I LVDIAI: HAD **. sjlnsag p3pUjO *** 6 Wd LO:Z:i70 OZOZ/£I/11 SNOI.D31'j, do WSL121EIdILS aJQcf,�"LNn00 -uolloala eql uI jSno SQJOA pllnR lin sapnloul uopeOY!T.zao 041 TngI pun palunoo slolluq jo iogiunu auk qi!m paJon oqm suos.zad jo i@gLunu all pamdum snq pznoq fUISSEALIna aul `solninas nppold `ZII-ZOI uolloaS of junnsznd Inul �jhz30 aAk A.I,KIOJ 21([V(I-INVIN GHVOR 9NISSVAKV3 A IJN303 AO RJLV:)IAI,I,2IH3 -*x slingaH I913i3 O x.. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L DATE: December 30, 2020 SUBJECT: Resolution Calling for a Special Election for Consideration of Amendments to the City Charter January 5, 2021 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution calling for a Special Election for consideration of three amendments to the City's Charter, as outlined in the Charter Revision Commission Final Report and Recommendations on Charter Amendments. BACKGROUND In accordance with the City Charter, five members were appointed to serve on the Charter Revision Commission at the November 10, 2020 Commission Meeting. Members of the Charter Revision Commission met three times to review the City's Charter and provided opportunity for members of the public to provide comments. The Charter Revision Commission identified three proposed amendments to the City's Charter, as indicated in their Final Report. The Miami-Dade County Elections Department has tentatively approved the date of April 27, 2020 for the Special Election and has also provided an estimate of $64,463.22 to provide the Special Election via mail ballot. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1949-21 AVENTURA CHARTER REVISION COMMISSION FINAL REPORT AND RECOMMENDATIONS ON CHARTER AMENDMENTS DECEMBER 9, 2020 1. RECOMMENDATION: In accordance with City Charter Section 7.06, the Charter Revision Commission (the "CRC") has examined the City Charter, received City Commission and public input thereon, and has determined that the three (3) charter amendments which are set forth below shall be presented to the electors of the City for approval or rejection. The City Attorney is to draft the proposed Charter Amendment Resolution for consideration by the City Commission at a City Commission meeting in January 2021. 2. RECOMMENDED CHARTER AMENDMENTS: The proposed Charter amendments are set forth below, with proposed additions to the existing Charter being indicated by underlined text, and proposed deletions from the existing Charter being indicated by stFiGken-}ham text, as follows: Section 2.03. -Election and term of office. (c) Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected terms. No person may serve as a Commissioner for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than eig#t sixteen consecutive years, which is comprised of not more than two consecutive terms as Mayor and not more than two consecutive terms as Commissioner except feF the additional lengthy of se „ o as naayeF and/o Commissioner d8SGribed on paragraph (a) above, whiGh results frem the extension ef the t8FM Of GffiG8 ef Mayer and/oF Commissioner as pmdLAGed by the 818Gtien date Ghange previded by Char-ter SeGti Garr" s a Commissioner (the"Term Limited Commissioner '!)-. Service shall be deemed to be consecutive unless there is an intervening four-year period during which the individual does not serve as a Commissioner or Mayor(the "Break in Service"). Any person serving the maximum amount of time as Mayor must is not required to have a four-year Break in Service before serving as a Commissioner and may seek to run for the Office of Commissioner without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012,F.S.), and may serve as Commissioner for up to two consecutive terms. Any person serving the maximum amount of time as a Commissioner is not required to have a four-year Break in Service before serving as Mayor and may seek the Office of Mayor without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012, F.S.), and may serve as Mayor for up to two consecutive terms. Any person serving the maximum amount of time as a combination of Mayor and Commissioner must have a four-year Break in Service before serving as Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and shall, except as provided herein, apply to any person who after the effective date of this Break in Service provision reaches the maximum limitation on length of service which is provided herein. No candidate may run for either the office of Mayor or Commissioner when, if elected, the person would exceed the limitations on service set forth in this paragraph by any length of time taking into account the full regular term for the office sought. City of Aventura Charter Revision Commission Final Report and Recommendations December 9, 2020 Section 7.03. - Conflicts of interest; ethical standards. A. All Commissioners,officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by Federal, State, County or other applicable law. The City Commission may adopt additional standards of conduct and code of ethics requirements that are not inconsistent with Federal, State, County or other applicable law. B. In the event that a member of the City Commission( the "Elected Official") serves as an officer (the "Officer") or member of the board of directors (the "Board Member") of a condominium association, homeowners association or cooperative owners association (each constituting a "Community Association"for the purposes of this paragraph) the Elected Official shall resign(the "Resignation Requirement") from his or her position as an Officer or Board Member, upon such Community Association instituting or maintaining litigation against the City City officer, employee, or agent(collectively,the"City"). This Resignation Requirement shall apply regardless of whether the litigation against the City is by claim, cross claim or counterclaim or is pending in a state or federal court. The City Commission shall by ordinance adopt provisions which shall comprehensively govern the implementation of this paragraph. Section 7.06. - Charter revision. At its first regular meeting in November of every fifth year after the adoption of this Charter, commencing with December, 2000, the Commission shall appoint a Charter revision commission consisting of five persons, one of whom shall have served as a member of the previous Charter commission and four of whom shall be electors of the City. If a former Charter commission member is not available to serve, five electors of the City, rather than four, shall be appointed. The City Commissioners shall not be eligible for appointment to the revision commission. The revision commission shall commence its proceedings within 15 days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later than January 1 of the following year after their appointment by the Commission. Notwithstanding the above, after completion of the Charter revision process which commenced in November 2020, the timing of the Charter revision process shall be revised to a six year interval. Accordingly,the Commission shall appoint the members of the revision commission in March of 2026, and the revision commission shall present any desired Charter revisions to the City Commission in sufficient time to enable the Commission to provide for the proposed Charter revisions to be submitted to the electors at the next general election in the City. After receipt of the submission of the proposed amendments from the revision commission, the Commission shall submit them to the electors of the City at the next general election in the City or at a special election,if any,which is seen€r called by the Commission for such purpose,in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. 3. CONCLUSION: The CRC respectfully requests that the City Commission consider this report at a City Commission meeting in January 2021. We recognize that the City Commission will, as required by City Charter Section 7.06, place these proposed Charter amendments before the City electors at the next general election in the City or at a special election, if any, which is sooner called by the Commission for such purpose. Further, the CRC respectfully recommends that, subject to coordination with the Miami-Dade County Supervisor of Elections, the proposed Charter amendments be submitted to the electors of the City at a special election which is conducted solely by mail ballots in April 2021.That approach will enable any voter adopted Charter amendments to be part of the Charter in Page 2 of 3 City of Aventura Charter Revision Commission Final Report and Recommendations December 9, 2020 advance of the 2022 election cycle . All members of the CRC were honored to have had the opportunity to be of service to the City. DATED THIS 9T" DAY OF DECEMBER, 2020. Received by the City Clerk this 91" day of December, 2020. x „ Cl Ellisa L. Horvath, MMC, City Clerk Page 3 of 3 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS CONCERNING PARAGRAPH (C) "LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE", AND SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL STANDARDS", AND SECTION 7.06 " CHARTER REVISION" OF THE CITY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 27T" DAY OF APRIL 2021; PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision Commission has determined that certain revisions are needed to the City Charter and has by report of December 9, 2020 submitted the proposed amendments of the City Charter (the "Charter Amendments") to the City Commission; and WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is required to submit the Charter Amendments to the electors of the City for approval or rejection. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above-stated recitals are hereby adopted and confirmed. Section 2. Charter Amendments. That pursuant to Section 7.06 of the City Charter and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City City of Aventura Resolution No. 2021- of Aventura, Florida, is hereby amended by amending the City Charter Sections described below in Part A, Part B, and Part C, to read as follows:' Part A. That paragraph (c) "Limitations on lengths of service" of Section 2.03 "Election and term of office" of the City Charter, is hereby amended by revising paragraph (c) of said section, to read as follows: Section 2.03. Election and term of office. (c) Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected terms. No person may serve as a Commissioner for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than eig#t sixteen consecutive years, which is comprised of not more than two consecutive terms as Mayor and not more than two consecutive terms as Commissioner (G)(ii) and evnent fer theca nercens whe ore elented to the Q#ine of Mayer after ceniine Two GO,T6esLt8teFFRs aS ,1Ss+ener (t�„e"TeFFn Led Gernmiss+eneF ")-. Service shall be deemed to be consecutive unless there is an intervening four-year period during which the individual does not serve as a Commissioner or Mayor (the "Break in Service"). Any person serving the maximum amount of time as Mayor must is not required to have a four-year Break in Service before serving as a Commissioner and may seek to run for the Office of Commissioner without any break in service, except to the extent required by the Florida Resign to Run law (Section 99.012,F.S.), and may serve as Commissioner for up to two consecutive terms. Any person serving the maximum amount of time as a Commissioner is not required to have a four-year Break in Service before serving as Mayor and may seek the Office of Mayor without any break in service, except to the extent required by the Florida Resign to Run law(Section 99.012, F.S.), and may serve as Mayor for up to two consecutive terms. Any person serving the maximum amount of time as a combination of Mayor and Commissioner must have a four-year Break in Service before serving as Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and shall, except as provided herein, apply to any person who after the effective date of this Break in Service provision reaches the maximum limitation on length of service which is provided herein. No candidate may run for either the office of Mayor or Commissioner when, if elected, the person would exceed the limitations on service set forth in this paragraph by any length of time taking into account the full regular term for the office sought. 1 / Proposed additions to existing City Charter text are indicated by underline;proposed deletions from existing City Charter text are indicated by stfikeflffett . Page 2 of 9 City of Aventura Resolution No. 2021- Part B. That Section 7.03 " Conflicts of Interest; Ethical Standards" of the City Charter, is hereby amended by designating the existing text as paragraph (a) and created a new paragraph (b) of said section, to read as follows: Section 7.03. -Conflicts of interest; ethical standards. (a) All Commissioners, officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by Federal, State, County or other applicable law. The City Commission may adopt additional standards of conduct and code of ethics requirements that are not inconsistent with Federal, State, County or other applicable law. In the event that a member of the City Commission( the "Elected Official") serves as an officer (the "Officer") or member of the board of directors (the "Board Member")of a condominium association, homeowners association or cooperative owners association (each constituting a"Community Association"for the purposes of this paragraph)the Elected Official shall resign (the`Resignation Requirement") from his or her position as an Officer or Board Member, upon such Community Association instituting or maintaining litigation against the City or any City officer, employee, or agent (collectively, the "City"). This Resignation Requirement shall apply regardless of whether the litigation against the City is by claim, cross claim or counterclaim or is pending in a state or federal court.The City Commission shall by ordinance adopt provisions which shall comprehensively govern the implementation of this paragraph. Part C. That Section 7.06 "Charter Revision" of the City Charter, is hereby amended to read as follows: Section 7.06. -Charter revision. At its first regular meeting in November of every fifth year after the adoption of this Charter, commencing with December, 2000, the Commission shall appoint a Charter revision commission consisting of five persons, one of whom shall have served as a member of the previous Charter commission and four of whom shall be electors of the City. If a former Charter commission member is not available to serve, five electors of the City, rather than four, shall be appointed. The City Commissioners shall not be eligible for appointment to the revision commission. The revision commission shall commence its proceedings within 15 days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later than January 1 of the following year after their appointment by the Commission. Notwithstanding the above, after completion of the Charter revision process which commenced in November 2020, the timing of the Charter revision process shall be revised to a six year interval. Accordingly, the Commission shall appoint the members of the revision commission in March of 2026, and the revision commission shall present any desired Charter revisions to the City Commission in sufficient time to enable the Commission to provide for the proposed Charter revisions to be submitted to the electors at the next general election in the City. After receipt of the submission of the proposed amendments from the revision commission, the Commission shall submit them to the electors of the City at the next general election in the City or at a Page 3 of 9 City of Aventura Resolution No. 2021- special election, if any, which is scene called by the Commission for such purpose, in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b)of such Section shall not apply. Section 3. Election Called. That a special election is hereby called, to be held on Tuesday, the 27t" day of April 2021, to present to the qualified electors of the City of Aventura, the ballot questions provided in Section 4 of this Resolution. Section 4. Form of Ballot. That the form of ballot for the Charter Amendments provided for in Section 2 of this Resolution shall be substantially as follows: CITY OF AVENTURA CHARTER AMENDMENTS (1) REVISED TERM LIMITS PROVISION CONCERNING SERVICE AS COMMISSIONER BY A TERM LIMITED MAYOR The City Charter currently requires a 4 year break in service in order for a person who has served 8 consecutive years as Mayor to be eligible to run for election as Commissioner. The Charter Revision Commission proposes that the Charter be amended to eliminate that 4 year required break in service under those circumstances, and to allow combined mayoral and commission service for up to 16 consecutive years. Shall the Charter amendment be adopted? YES ( ) NO ( ) (2) ENHANCEMENT OF ETHICS PROVISIONS The City Charter currently provides for the adoption of ethics standards. The Charter Revision Commission proposes that the Charter be amended to further enhance ethics standards by requiring that any member of the City Commission who is an officer or governing board member of a community association, which association is litigating against the City, shall resign from such association position, and requiring adoption of a City implementing ordinance. Shall the Charter amendment be adopted? YES ( ) NO ( ) Page 4 of 9 City of Aventura Resolution No. 2021- (3) AMENDMENT TO TIMING OF PERIODIC CITY CHARTER REVIEW AND REVISION PROCESS The City Charter currently provides for the periodic review of the Charter by the Charter Revision Commission every 5 years. The Charter Revision Commission proposes that the Charter be amended to revise the periodic review cycle to be conducted every 6 years to better conform to the City's election cycle, and to allow more flexible timing of charter amendment special elections. Shall the Charter Amendment be adopted? YES ( ) NO ( ) Section 5. Balloting. That mail ballots, as prescribed by Section 101.6101- 101.6107, Florida Statutes, shall be used in this special election. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain any necessary election administration services from the Miami- Dade County Supervisor of Elections. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29)days prior to the date of such election, at which time the registration books will close in accordance with the provisions of the general election laws. The Miami-Dade County Supervisor of Elections is hereby authorized to take all appropriate action necessary to carry into effect and accomplish the provisions of this Resolution. This special election shall be canvassed by the County Canvassing Board unless otherwise provided by law. Section 6. Notice of Special Election. That notice of said special election shall be published in accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the City at least 30 days prior to said election, the first publication to be in the fifth week prior to the election (to-wit: during the week commencing Sunday, March 21, 2021), and the second publication to be in the third week prior to the election (to-wit- Page 5 of 9 City of Aventura Resolution No. 2021- during the week commencing Sunday, April 4, 2021), and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO. 2021- ADOPTED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,FLORIDA(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, THE 27TH DAY OF APRIL 2021, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSALS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. CITY OF AVENTURA CHARTER AMENDMENTS (1) REVISED TERM LIMITS PROVISION CONCERNING SERVICE AS COMMISSIONER BY A TERM LIMITED MAYOR The City Charter currently requires a 4 year break in service in order for a person who has served 8 consecutive years as Mayor to be eligible to run for election as Commissioner. The Charter Revision Commission proposes that the Charter be amended to eliminate that 4 year required break in service under those circumstances, and to allow combined mayoral and commission service for up to 16 consecutive years. Shall the Charter amendment be adopted? YES ( ) NO ( ) (2) ENHANCEMENT OF ETHICS PROVISIONS The City Charter currently provides for the adoption of ethics standards. The Charter Revision Commission proposes that the Charter be amended to further enhance ethics standards by requiring that any member of the City Commission who is an officer or governing board member of a community association, which association is litigating against the City, shall resign from such association position, and requiring adoption of a City implementing ordinance. Shall the Charter amendment be adopted? Page 6 of 9 City of Aventura Resolution No. 2021- YES ( ) NO ( ) (3) AMENDMENT TO TIMING OF PERIODIC CITY CHARTER REVIEW AND REVISION PROCESS The City Charter currently provides for the periodic review of the Charter by the Charter Revision Commission every 5 years. The Charter Revision Commission proposes that the Charter be amended to revise the periodic review cycle to be conducted every 6 years to better conform to the City's election cycle, and to allow more flexible timing of charter amendment special elections. Shall the Charter Amendment be adopted? YES ( ) NO ( ) The full text of the proposed City Charter Amendments is available at the office of the City Clerk located at 19200 West Country Club Drive,Aventura,Florida 33180. ELLISA L. HORVATH, MMC CITY CLERK" Section 7. Copies. That copies of this Resolution proposing the Charter Amendments are on file at the offices of the City Clerk located at 19200 West Country Club Drive, Aventura, Florida 33180, and are available for public inspection during regular business hours. Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above shall become effective if the majority of the qualified electors voting on the specific Charter Amendment vote for its adoption, and it shall be considered adopted Page 7 of 9 City of Aventura Resolution No. 2021- and effective upon certification of the election results. Following adoption of the Charter Amendments, the City Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami-Dade County, Florida. Section 9. Inclusion in the Charter. That subject to the requirements of Section 8 above, it is the intention of the City Commission and it is hereby provided that the Charter Amendments shall become and be made a part of the Charter of the City of Aventura; and that the Sections of this Resolution may be renumbered or relettered to accomplish such intention. Section 10. Effective Date of Resolution. That this Resolution shall become effective immediately upon adoption hereof. 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 Jonathan Evans Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Rachel S. Friedland Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 5t" day of January, 2021. Page 8 of 9 City of Aventura Resolution No. 2021- ENID WEISMAN, MAYOR Attest: ELLISA L. HORVATH, MMC CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 9 of 9 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6�L DATE: December 30, 2020 SUBJECT: Resolution Urging the Bahamian Government to Deny Offshore Oil Drilling Exploration Licenses and Permanently Ban Offshore Oil Drilling Activities in the Bahamas January 5, 2021 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution urging the Bahamian government to deny offshore oil drilling exploration licenses permanently banning offshore oil drilling in the Bahamas. BACKGROUND The Bahamas Petroleum Company ("BPC") has been granted an offshore oil drilling exploration license by the Bahamian government that allows them to construct exploratory offshore oil drilling wells 150 miles off the coast of Florida posing a significant risk of oil spills and chronic leakage that may adversely impact the Bahamas and coastal communities in the Caribbean and Florida. Aventura is one of numerous communities in Florida and in the Caribbean whose local or nearby marine habitats, industries, and public health may be devastated by offshore drilling oil spills originating in the Bahamas. The City further urges Miami-Dade County and the State of Florida to oppose such offshore oil drilling and work with the Bahamian government in such efforts. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1950-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE BAHAMIAN GOVERNMENT TO DENY OFFSHORE OIL DRILLING EXPLORATION LICENSES AND PERMANENTLY BAN OFFSHORE OIL DRILLING ACTIVITIES IN THE BAHAMAS; PROVIDING FOR TRANSMITTAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Bahamas Petroleum Company ("BPC") has been granted an offshore oil drilling exploration license by the Bahamian government that allows them to construct exploratory offshore oil drilling wells 150 miles off the coast of Florida; and WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources by BPC poses a significant risk of oil spills and chronic leakage that may adversely impact the Bahamas and coastal communities in the Caribbean and Florida; and WHEREAS, offshore drilling activities pose threats to treasured vacation destinations in the Caribbean and along Florida's Coasts, which are of intrinsic economic value for numerous industries and countries, provide essential nursery habitats for recreational and commercially important fisheries, and act as natural buffers from storm surge and hurricanes; and WHEREAS, the City of Aventura ("City") is one of numerous communities in Florida and in the Caribbean whose local or nearby marine habitats, industries, and public health may be devastated by offshore drilling oil spills originating in the Bahamas; and WHEREAS, the City endeavors to protect the environmental health of all marine habitats, and, particularly, Biscayne Bay; and WHEREAS, exploration and development of oil and gas resources off the Bahamian coast may not effectively address the long-term economic diversification goals of the Bahamas, and would likely substantially damage the tourism sector of the Bahamian economy, which makes up sixty percent of the country's economy; and WHEREAS, the City urges the Bahamian government to deny offshore oil drilling exploration licenses and to permanently ban offshore oil drilling activities in the Bahamas, and further urges Miami-Dade County and the State of Florida to oppose such offshore oil drilling and work with the Bahamian government in such efforts. City of Aventura Resolution No. 2021- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Urging the Bahamian Government to Ban Offshore Oil Drilling. The City Commission respectfully urges the Bahamian government to deny offshore oil drilling exploration licenses and further urges the Bahamian government to permanently ban all offshore oil drilling activities in the Bahamas. The City Commission further urges Miami-Dade County and the State of Florida to oppose such offshore oil drilling and to work with the Bahamian government in such efforts. Section 3. Transmittal. The City Commission hereby directs the City Clerk to transmit a copy of this Resolution to the Bahamian Prime Minister Hubert Minnis, the Bahamian Ambassador to the U.S. Sidney S. Collie, the Miami-Dade County Board of County Commissioners, Governor Ron DeSantis on behalf of the State of Florida, all municipalities in Miami-Dade County, Florida, and Broward County, Florida, the Miami- Dade County League of Cities, and the Broward County League of Cities. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 5t" day of January, 2021. Page 2 of 3 City of Aventura Resolution No. 2021- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6�L DATE: December 30, 2020 SUBJECT: Resolution Approving the Appointment of Members to the Don Soffer Aventura High School Foundation, Inc. Board of Directors for a One- Year Term January 5, 2021 City Commission Meeting Agenda Item 5G RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the appointment of the following individuals to serve as the Board of Directors of the Don Soffer Aventura High School Foundation, Inc. for a one-year term: Andrea Beck Gimol Bentes Cindy Orlinsky Brett Storch If you have any questions, please feel free to contact me. RJW/act Attachment CCO1951-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. BOARD OF DIRECTORS FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. 2019-29 established the Articles of Incorporation for the creation of the Don Soffer Aventura High School Foundation, Inc. as a not for profit corporation to function as a 501(c)(3) entity; and WHEREAS, in accordance with the provisions of Article VI of the Articles of Incorporation, the City Commission wishes to provide for approval of the appointment of members to the Don Soffer Aventura High School Foundation, Inc. Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment of the following individuals to serve as the Board of Directors of the Don Soffer Aventura High School Foundation, Inc. for a one-year term: Andrea Beck Gimol Bentes Cindy Orlinsky Brett Storch Section 2. 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 Jonathan Evans Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Rachel S. Friedland Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 5t" day of January, 2021. City of Aventura Resolution No. 2021 ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6�L DATE: December 30, 2020 SUBJECT: Resolution Authorizing Elected Officials of the City of Aventura to Participate in the City's ICMA-RC 457 Plan January 5, 2021 City Commission Meeting Agenda Item 5H RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution Authorizing Elected Officials to participate in the City's ICMA-RC 47 Plan. Each Elected Official may join and participate in the 457 Plan, for his or her own personal plan and may remain in the 457 Plan for so long as such Elected Official serves on the City Commission. However, each participating Elected Official shall be solely responsible for the full payment of all contributions. Participation in the 457 Plan shall be subject to the requirements of this Resolution, as amended from time to time, applicable law, the terms of the 457 Plan, and implementation protocols established by the City Manager. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1952-21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ELECTED OFFICIALS OF THE CITY OF AVENTURA TO PARTICIPATE IN THE CITY'S ICMA-RC 457 PLAN, WITH ALL APPLICABLE CONTRIBUTIONS TO BE PAID SOLELY BY THOSE ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to authorize each member of the City Commission (the "City Elected Officials") to have an opportunity to join the City's ICMA- RC 457 Deferred Compensation Plan (the "457 Plan"), subject to the condition that any elected official who joins the 457 Plan must personally pay all contributions for such Elected Official; and WHEREAS, the City Commission finds that this Resolution conforms with applicable law, enhances the health, safety and welfare, and is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above-stated recitals are hereby confirmed and adopted. Section 2. Participation. Each Elected Official may join and participate in the 457 Plan, for his or her own personal use and may remain in the 457 Plan for so long as such Elected Official serves on the City Commission. However, each participating Elected Official shall be solely responsible for the full payment of all contributions and any applicable fees or costs . Participation in the 457 Plan shall be subject to the requirements of this Resolution, as amended from time to time, applicable law, the terms of the 457 Plan, and implementation protocols established by the City Manager. City of Aventura Resolution No. 2021- Section 3. Implementation. A. The City Manager is hereby authorized to take any action which is necessary to implement this Resolution, including, but not limited to, establishing implementation protocols, amending the 457 Plan contract to revise the group description, and other measures. B. The City Manager is authorized to enable participating Elected Officials to pay any authorized portion of their applicable contributions by payroll deduction from City compensation which is otherwise payable from the City to the Elected Official pursuant to City Charter Section 2.06. Further, the City Manager may provide for the above described payroll deductions from compensation to be made and processed as pre-tax dollars to the extent authorized by applicable federal law and Internal Revenue Service Code provisions, so long as no cost is incurred by the City in so doing. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 5t" day of January, 2021. Page 2 of 3 City of Aventura Resolution No. 2021- 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 , 2021. CITY CLERK Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: December 30, 2020 SUBJECT: Resolution Authorizing the Execution of an Agreement between the City and Beefree, LLC dba Freebee January 5, 2021 City Commission Meeting Agenda Item 51 RECOMMENDATION As discussed at the October 16, 2020 Workshop Meeting, it is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a 12- month Agreement between the City and Beefree, LLC, a limited liability company d/b/a Freebee for on-demand transportation services subject to the City obtaining and executing any required Miami-Dade County Interlocal Agreement pertaining to the service. BACKGROUND On June 23, 2020, the City issued RFP # 20-07-23-3 On-Demand Transportation Services, to solicit proposals from firms to provide on-demand transportation services to residents and visitors within the City. The City advertised the availability of the RFP in the Daily Business Review and made available a solicitation package from www.demandstar.com on June 23, 2020. On August 6, 2020, the following two (2) firms submitted proposals for consideration of the requested services. 1. Beefree, LLC, a limited liability company d/b/a Freebee 2. Circuit Transit, Inc. Memo to City Commission December 28, 2020 Page 2 On September 22, 2020, the Evaluation Committee (consisting of Ronald J. Wasson, City Manager, Brian K. Raducci, Assistant City Manager — Finance and Administration, Joanne Carr, Community Development Director and Joseph Kroll, Public Works/Transportation Director) interviewed both firms. After concluding the interviews, the Evaluation Committee ranked Freebee as the most highly qualified firm to perform the required services based on the evaluation criteria outlined in the RFP. At the October 16, 2020 Commission Workshop, City staff and Freebee made a presentation to the City Commission and it was the consensus of the Commission for staff to negotiate a twelve (12) month contract (trial period) with Freebee for future consideration. The projected 12-month cost of this Agreement is $322,953.80 or approximately $26,913/month with service anticipated to begin in mid-February or early March 2021 due to the lead time that is required to establish service. The breakdown for the Services charge is as follows: • Two (2) XL Vehicles • Service: Monday through Sunday 7.00 am — 11.00 pm. • Ninety-Eight (98) Hours of labor per vehicle weekly (weather and conditions permitting) • Cost: $322,953.80 Annually EXHIBIT "B" of the Agreement found on page 18 of 18 contains the Designated Service Area Map (Subject to Revision as Necessary). The Municipal Administrator with the Citizens Independent Transportation Trust has confirmed that County Transit System Surtax funds may be utilized to support this service. Although the cost of this service was not anticipated in the FY 2020/21 Adopted Budget, funding will be provided from the Transportation and Street Maintenance Fund at the mid- year budget amendment in March/April 2021. Based on the foregoing, the Committee requests that the City Commission approve the attached resolution authorizing the City Manager to execute a 12-month Agreement between the City and Beefree, LLC, a limited liability company d/b/a Freebee for on- demand transportation services. The attached Agreement has been reviewed and approved by the City Attorney's Office. A copy of the RFP, submittals by both firms and other supporting documents are available for review in the Finance Department. If you have any questions, please feel free to contact the City Manager. Attachment RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO. 20-07-23-3, CITY OF AVENTURA ON-DEMAND TRANSPORTATION SERVICES TO BEEFREE LLC D/B/A FREEBEE IN ACCORDANCE WITH THE RFP DOCUMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ASSOCIATED CONTRACT; 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 proposals for RFP NO. 20-07-23-3 CITY OF AVENTURA ON- DEMAND TRANSPORTATION SERVICES; and WHEREAS, sealed proposals have been submitted to and received by the City pursuant to the City's RFP notice, solicitation, specifications, proposals, and requirements for the services as cited above; and WHEREAS, staff has determined that BEEFREE LLC d/b/a FREEBEE has submitted the most responsible and responsive proposal for said services; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said RFP/contract to said lowest responsible and responsive proposer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That proposal/contract for RFP NO. 20-07-23-3, CITY OF AVENTURA ON-DEMAND TRANSPORATION SERVICES is hereby awarded to BEEFREE LLC d/b/a FREEBEE, subject to the City obtaining and executing any required Miami-Dade County Interlocal Agreement pertaining to the service. City of Aventura Resolution No. 2021- Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, the attached contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject RFP notice, solicitation, 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 awarding this RFP/contract, including but not limited to, the execution of any required Interlocal Agreement. Section 4. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 5t" day of January, 2021. Page 2 of 3 City of Aventura Resolution No. 2021- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 AGREEMENT THIS IS AN AGREEMENT, dated the_ day of 2021, between: CITY OF AVENTURA a Florida municipal corporation, hereinafter "CITY," and BEEFREE, LLC, a limited liability company d/b/a FREEBEE, authorized to do business in the State of Florida, hereinafter"CONTRACTOR." WITNESSETH: In consideration of the mutual terms and condition, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The CITY is in need of an independent contractor to provide on-demand transpor- tation services to residents and visitors within the CITY and as a result, on June 23, 2020 issued RFP # 20-07-23-3 On-Demand Transportation Services. 1.2 On August 6, 2020 CONTRACTOR was one (1) of two (2) firms to submit proposals for consideration of the requested services. The CITY received a proposal from CONTRAC- TOR to provide a mobile application-based transportation and marketing services to CITY residents and visitors via CONTRACTOR's 100% electric and customized low-speed vehi- cles known as "Freebees" (the "Services"). 1.3 On September 22, 2020, the Evaluation Committee interviewed both firms and ranked CONTRACTOR highest. 1.4 At the October 16, 2020 Commission Workshop, City staff and CONTRACTOR made a presentation to the City Commission and it was the consensus of the Commission for staff to negotiate a twelve (12) month contract (trial period) with CONTRACTOR for future consideration. 1.5 CONTRACTOR has developed a service to provide free local transportation utiliz- ing electric carts ("Freebee") and has implemented the environmentally friendly transit service in several South Florida communities. Page 1 of 18 1.6 CITY and CONTRACTOR desire to enter into an Agreement for a twelve (12) month trial period for the provision of the Services as set forth herein. The trial period for CONTRACTOR's service will terminate twelve (12) months from the first date of when the on-demand transportation services become available to the CITY's residents and visitors. 1.7 On , 2021, the City Commission of Aventura, adopted Resolution No. 2021- , thereby accepting the proposal from CONTRACTOR and authorizing the City Manager to execute this Agreement with CONTRACTOR for the proposed on-demand transportation services. 1.8 The City Manager is authorized to execute an Agreement with CONTRACTOR for services related to the scope of work set forth in the Rates and Services Addendum attached hereto as EXHIBIT "A" and as more particularly described herein. ARTICLE 2 SCOPE OF WORK 2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies and labor nec- essary to perform all of the work described in the Rates and Services Addendum, a copy of which is attached hereto and specifically made a part of this Agreement as EXHIBIT "A". 2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with applicable recognized professional standards. 2.4 None of the work or services under this contract shall be subcontracted, unless CONTRACTOR obtains prior written consent from the CITY. Approved subcontractors shall be subject to each provision of this contract and CONTRACTOR shall be responsible and indemnify the CITY for all subcontractors' acts, errors or omissions. 2.5 CONTRACTOR shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements whether federal, State, County or local and of any agency or such government, which relate to or in any manner affect the performance of this Agreement. This includes compliance with any existing or future drug policies, the Americans with Disabilities Act (ADA), Florida Department of Children and Family State Statutes, and any laws and regulations issued by Local, County, State or Federal agen- cies. CONTRACTOR shall be licensed and certified by all appropriate County, State and Local agencies. CONTRACTOR shall procure at its own expense, all necessary licenses and permits. CONTRACTOR shall conform to all applicable laws, regulations or ordinances of the State, County and City. CONTRACTOR shall furnish a copy of all licenses, certifi- cates of competence or other licensor requirements necessary to provide their services Page 2 of 18 as required by Florida State Statutes. 2.6 CONTRACTOR personnel performing services pursuant to this Agreement must present a neat appearance, and must wear distinct clothing bearing the CONTRACTOR'S name for easy identification. All CONTRACTOR employees must wear a distinctive and neat uniform that is acceptable to the CITY. Any color or color combination may be used for the uniforms. The Department Director or designee may request the removal of any employee not properly uniformed. 2.7 The CONTRACTOR must maintain satisfactory standards of employee compe- tency, conduct, appearance and integrity, and must take such disciplinary action against their employees, as necessary, to the extent permitted by law. Each CONTRACTOR em- ployee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, the community, and the CITY. Being that the CONTRACTOR will be visi- ble at all times to the public during the performance of its duties under this Agreement, the CONTRACTOR should ensure its employees continue to adhere to standards of con- duct while on breaks. CONTRACTOR'S employees must not sleep or lay down in public view at any time during the performance of duties. If any of CONTRACTOR'S employees are found sleeping or lying down in public view by CITY staff, or if such activity is reported by the public and verified by the CITY, the CITY may impose a performance penalty of $250 per occurrence assessed to the CONTRACTOR. 2.8 The CONTRACTOR'S employees must not possess, distribute, consume, use or cause to be used, any controlled substance or alcohol during the performance of such services. Any CONTRACTOR employee under the influence of alcohol or a controlled substance must not be permitted to perform any services under this Agreement. Any CONTRACTOR or CONTRACTOR employee found to be in violation of this requirement will be permanently prohibited from performing any services under this Agreement. Ac- tions taken under this Section must not relieve the CONTRACTOR of the obligation to provide sufficient personnel to perform adequate and timely services as required in this Agreement. 2.9 The CONTRACTOR agrees that any complaints received by the CITY concerning misconduct on the part of the CONTRACTOR, such as poor services, discourtesy to the public, damage to vehicles, etc., will be referred to the office of the Public Works/Trans- portation Department for appropriate action. The CONTRACTOR agrees to make any complaints concerning the City of Aventura available to the City Manager or his designee for action as required, and the decision of the CITY shall be final and binding. ARTICLE 3 PROJECT TIMETABLE 3.1 The CONTRACTOR shall commence work as directed by CITY and in accordance with a project implementation timeline to be provided to CONTRACTOR by the CITY. COW TRACTOR shall complete all work in a timely manner in accordance with the project timeline and as stated in EXHIBIT "A" to this Agreement. 3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by Page 3 of 18 CONTRACTOR. Furthermore, a delay due to an Act of God, war, fire, theft, epidemic, pandemic, hurricane, tropical storm, inclement weather, earthquake, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR for which liquidated damages are due. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, for services rendered in accordance with the Rates and Services Addendum attached hereto as EXHIBIT "A". Prices for work completed by the CONTRACTOR shall be as reflected in CONTRACTOR's Rates and Services Addendum attached hereto and made a part hereof as EXHIBIT "A". A total contract price hereto is referred to as Contract Sum and shall not exceed Three Hundred Twenty-Two Thousand Nine Hundred Fifty-Three Dollars and 80 cents ($322,953.80). 4.2 The CITY will make payments to CONTRACTOR for completed and proper services rendered and in the amounts stated in EXHIBIT "A". 4.3 CONTRACTOR is prohibited from placing a lien on the CITY's property. This prohibition applies to; inter alia, all sub-CONTRACTORs and subcontractors, suppliers and labors. ARTICLE 5 CONTRACTOR'S INSURANCE 5.1 The CONTRACTOR shall purchase and maintain, in full force and effect for the life of the Agreement, at CONTRACTOR'S sole expense, the following insurance policies- 1. A business automobile policy which covers any vehicles used in connection with this Agreement, regardless of whether the vehicle is owned, rented, hired or borrowed by the CONTRACTOR. Minimum limits for bodily/property damage liability shall be one million dollars ($1,000,000.00) per occurrence. 2. A comprehensive general liability policy with minimum coverage limits of three million dollars ($3,000,000.00) for bodily injury and property damage per occur- rence. 3. A workers' compensation and employer's liability policy which covers all of the CONTRACTOR'S employees to be engaged in work on this contract as speci- fied by and in accordance with F.S.S. 440. The City of Aventura shall be named as additional insured on policies listed as 1-2 of the CONTRACTOR'S above required policies of insurance except for the Workers' Compen- sation insurance. The form and types of coverage and sufficiency of insurer shall be sub- ject to approval of the City Manager. Page 4 of 18 Copies of all policies or certificates of such insurance shall be delivered to the CITY, and said documentation shall provide for the CITY to be notified a minimum of thirty (30) days prior to any cancellation, termination, reduction or non-renewal of any required insurance policy. The CONTRACTOR shall also, upon request by the CITY, provide copies of all official receipts and endorsements as verification of CONTRACTOR'S timely payment of each insurance policy premium as required by this Agreement. ARTICLE 6 PROTECTION OF PROPERTY 6.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and all properties served from all damage whatsoever on account of the work being carried on pursuant to this Agreement. ARTICLE 7 CONTRACTOR'S INDEMNIFICATION 7.1 The CONTRACTOR shall indemnify and hold harmless and defend the CITY and its officers, agents, employees and instrumentalities from any and all liability, claims, lia- bilities, losses, and causes of action, including attorneys' fees and costs of defense which the CITY or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating to or resulting from any willful misconduct, reckless act, or negligent act or omission by the CONTRACTOR and/or its officers, employees, agents or independent contractors in the provision of services hereunder. The CONTRACTOR shall be required to pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. For any matters in which CONTRACTOR is obligated to pay for the CITY's legal defense hereunder, CONTRACTOR shall be permitted to retain coun- sel of its choosing for both CONTRACTOR and the CITY, provided that such legal coun- sel is reasonably acceptable to the CITY, which consent shall not be unreasonably with- held. The CONTRACTOR expressly understands and agrees that any insurance protec- tion required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility of CONTRACTOR to indemnify, keep and save harmless and defend the CITY and its officers, employees, agents or instrumentalities as herein pro- vided. Furthermore, the parties understand and agree that the covenants and represen- tations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Page 5 of 18 ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,the Social Security Act, the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 RESERVED ARTICLE 10 RESERVED ARTICLE 11 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 11.1 The CITY or CONTRACTOR may request changes that would increase, decrease or otherwise modify the Scope of Services/Basic Services to be provided under this Agreement as described in ARTICLE 2 of this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, mutually executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: Page 6 of 18 PROJECT NAME PROJECT DESCRIPTION ESTIMATED PROJECT COST ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE 11.2 In no event will the CONTRACTOR be compensated for any additional work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 12 TERM AND TERMINATION 12.1 The initial Agreement shall be for a trial period of Twelve (12) months in a limited area of the CITY, and shall take effect as set forth in the Rate and Services Addendum, set forth in EXHIBIT "A" hereto. If the service is successful, the CITY may wish to expand these services to other parts of the CITY, and subject to approval by the City Manager and CONTRACTOR, the CITY and CONTRACTOR may by mutual agreement, agree to extend the Agreement for two (2) additional (1) one-year periods, at the same or substantially similar terms, conditions and specifications. In the event services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), it shall be incumbent upon the CONTRACTOR to continue the service, if requested by the CITY, until new services can be completely op- erational, provided that the CITY compensates CONTRACTOR for such continued ser- vice at the same monthly rate as provided hereunder. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the existing Agreement. 12.2 Either the CITY or CONTRACTOR may terminate this Agreement anytime and for any reason upon giving thirty (30) days' notice to the other party. 1. If this Agreement should be terminated for convenience as provided herein, the CITY will be relieved of all obligations under this Agreement. The CITY will only be required to pay that amount of the contract actually performed to the date of termi- nation. Upon such payment, both parties shall be relieved of any further obligations under this Agreement. 2. This Agreement may also be terminated by the City Manager, or designee upon such notice as the City Manager, or designee deems appropriate under the cir- cumstances in the event the City Manager or designee determines that termination is necessary to protect the public health, safety or welfare. 12.3 In case of default by the CONTRACTOR, the CITY may cancel the Agreement, procure the services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. Page 7 of 18 ARTICLE 13 CONTRACT DOCUMENTS 13.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: this Agreement; CONTRACTOR's Rates and Services Addendum for transportation services to residents and visitors within the CITY as set forth in and made a part of this Agreement as EXHIBIT "A"; and all other exhibits thereto. ARTICLE 14 MISCELLANEOUS 14.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.2 Assignments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY, which shall not be unreasonably withheld. For purposes of this Agreement, any change of majority ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. In the event that the majority ownership or control of the CONTRACTOR changes hands, CONTRACTOR shall promptly notify CITY in writing pursuant to the Notice Section herein of such change in ownership or control at least 30 days prior to such change, and CITY shall have the right to terminate this Agreement upon 30 days written notice, at CITY'S sole discretion. However, this Agreement shall run to the CITY and its successors and assigns. 14.3 Records. CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times for examination and audit by CITY upon reasonable notice to CONTRACTOR, and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. PUBLIC RECORDS 1. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's pos- session or control in connection with CONTRACTOR's performance under this Agree- ment. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall 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 the Agreement, and follow- ing completion of the Agreement until the records are transferred to the CITY. Page 8 of 18 2. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the 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 by Chap- ter 119, Florida Statutes, or as otherwise provided by law. 3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created exclusively in con- nection with this Agreement are and shall remain the property of the CITY. 4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technol- ogy systems. Once the public records have been delivered upon completion or termina- tion of this Agreement, the CONTRACTOR shall destroy any and all duplicate public rec- ords that are exempt or confidential and exempt from public records disclosure require- ments. 5. Any compensation due to CONTRACTOR shall be withheld until all records are re- ceived as provided herein. 6. 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. Section 119.0701(2)(a), Florida Statutes 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: City Clerk's Office Mailing address: 19200 W. Country Club Drive Aventura, FL 33180 Telephone number: (305) 466-8901 Email: horvathe _cityofaventura.co 14.4 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY, except to the extent that such items constitute CONTRACTOR's trade secrets or proprietary information, which are and shall remain the exclusive property of CONTRACTOR. 14.5 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For Page 9 of 18 the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City: Mr. Ronald J. Wasson City Manager City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Copy To: Mr. David M. Wolpin City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd., Suite 1900 Ft. Lauderdale, FL 33301 Contractor: Mr. Jason Spiegel Managing Partner Beefree, LLC d/b/a Freebee 2312 N. Miami Avenue Miami, FL 33127 14.7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that they have full legal power to execute this Agreement on behalf of the party for whom they are signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 14.9 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 14.10 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 10 of 18 14.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. 14.12 Venue. Any litigation arising out of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County. 14.13 Attorney's Fees. In the event of a dispute or litigation brought to enforce the terms this Agreement, each party shall be solely responsible for its own attorneys' fees and costs. 14.14 Extent of Agreement. This Agreement together with Contract Documents, attached as an Exhibit hereto, as amended herein above represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 14.15 Waiver. Failure of the CITY or CONTRACTOR to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right but the same shall remain in full force and effect. 14.16 Scrutinized Companies. A. CONTRACTOR certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement at its sole option if the CONTRACTOR or its subcontractors are found to have submitted a false certification; or if the CONTRACTOR, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars ($1,000,000.00), the CONTRACTOR certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this Agreement at its sole option if the CONTRACTOR , its affiliates, or its subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. The CONTRACTOR agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the Page 11 of 18 above-stated contracting prohibitions then they shall become inoperative. 14.17 Discriminatory Practices. The CONTRACTOR shall not deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orien- tation, religion or national origin. The CONTRACTOR will strictly adhere to the equal em- ployment opportunity requirements and any applicable requirements established by the State of Florida, or the Federal Government. Anti-BDS Clause: By responding to the, RFP, CONTRACTOR certifies and agrees that it is not currently engaged in, nor will it engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. ARTICLE 15 DISPUTES 15.1 If any dispute concerning a question of fact arises under this Agreement, other than termination for default or convenience, the CONTRACTOR and the CITY's Administration shall make a good faith effort to resolve the dispute. ARTICLE 16 RESERVED Page 12 of 18 IN WITNESS WHEREOF, the parties have executed this Agreement on the re- spective dates under each signature: The CITY, signing by and through its City Manager, attested to by its City Clerk, duly authorized to execute same, and by CONTRACTOR, by and through its , duly authorized officer to execute same. CITY CITY OF AVENTURA, FLORIDA By: Ronald J. Wasson, City Manager AUTHENTICATION: Ellisa L. Horvath, MMC City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF AVENTURA, FLORIDA, ONLY David M. Wolpin, City Attorney Page 13 of 18 CONTRACTOR BEEFREE, LLC d/b/a FREEBEE WITNESSES: By: Jason Spiegel on behalf of BEEFREE, LLC d/b/a FREEBEE ATTEST: SECRETARY STATE OF FLORIDA) ) SS COUNTY OF MIAMI-DADE) Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization, this day of , 20 , by (Name of person making statement) Personally known to me or has produced Identification type of identifica- tion produced (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PRINT, TYPE/STAMP NAME OF NOTARY Page 14 of 18 EXHIBIT "A" BEEFREE, LLC d/b/a FREEBEE "RATES AND SERVICES ADDENDUM" (Rates and Services Addendum for"Freebee" Transportation Services) This Rates and Services Addendum ("Addendum") supplements the Agreement be- tween BEEFREE, LLC d/b/a FREEBEE ("FREEBEE") and CITY OF AVENTURA ("CITY"), made and entered into on 2021 (the "Agreement"). This Addendum is subor- dinate to, and fully incorporates the terms and conditions of the Agreement, unless expressly stated otherwise herein. In consideration of the promises and covenants contained herein, and for good and valuable consideration, FREEBEE and CITY (collectively, the "Parties"), intending to be legally bound, hereby agree as follows- 1. Term. The term of the Services set forth under this Addendum shall commence upon delivery and deployment of the vehicles within the CITY as set forth in Section 2 below but no later than on a date mutually agreed upon, and shall remain in full force and effect for twelve (12) months from the commencement date (the "Term"), unless ter- minated sooner pursuant to the terms of the Agreement. 2. Services. This Addendum is limited in scope to the following services (the "Services"), which FREEBEE agrees to provide to CITY at the rates specified herein (the "Rates")- a) FREEBEE will provide two (2) "Freebee" vehicles dedicated to CITY (the "Ve- hicles") for the duration of the Term. Both Vehicles dedicated to CITY will be wheelchair accessible, and FREEBEE will otherwise use its best efforts to be and remain in compliance with all Americans with Disabilities Act ("ADA") re- quirements. FREEBEE shall be responsible for providing appropriate training to its drivers who will be operating the wheelchair accessible Vehicle, including but not limited to, training as to the operation of the ramping system and secur- ing of wheelchairs. b) FREEBEE will operate the Vehicles within the CITY's designated service area at all times during CITY's operating hours (weather and conditions permitting) as reflected in Section 5 herein, with the exception being when a driver takes their thirty (30) minute meal break. At such times during a driver break, one (1) vehicle will be in operation and FREEBEE will try to limit this to downtime in service. FREEBEE agrees that, to the extent feasible, at all times during CITY's operating hours, both wheelchair-accessible vehicles will be available to ac- commodate passengers, upon request, and FREEBEE will operate the ramp- ing system and secure any wheelchairs to the vehicle should such accommo- dations be requested. c) Prior to the beginning of the Term, FREEBEE will deliver to CITY at least one (1)fast charger for charging the Vehicles. The fast charger will remain property of FREEBEE but will remain in the CITY for purposes of charging the Vehicle throughout the Term. At the conclusion of the Term, FREEBEE shall be entitled to retake possession of the fast charger. d) Prior to the beginning of the Term, FREEBEE will add CITY as an additional insured on FREEBEE's automobile insurance policy of at least one million dollars ($1,000,000.00), and on FREEBEE's general liability policy of at least three million dollars ($3,000,000.00). CITY will remain as an additional insured on said policies throughout the Term. FREEBEE must also other- wise comply with the insurance requirements as set forth in the Agreement. Page 15 of 18 e) FREEBEE will assist CITY in developing a marketing plan to encourage rid- ership on the Vehicles during the Term. f) Beginning with the second month of the Term and continuing for each month of the Term thereafter, FREEBEE will provide CITY with a monthly report show- ing data and analytics related to ridership in the Vehicles for the preceding month(s). FREEBEE will provide these reports within ten (10) business days of the last day of each month, unless another time frame is agreed to between the Parties. g) FREEBEE agrees that any questions, complaints, or concerns reported to FREEBEE (through its drivers or otherwise) regarding ADA issues will be re- ported to the CITY within one (1) business day. h) FREEBEE shall utilize its best efforts to assist CITY with the related Miami- Dade County Interlocal Agreement and with all related County requirements. 3. Rates. As consideration for the Services listed above, CITY shall pay FREEBEE at the following Rates: a) The total payment for the Services to be provided under this Addendum shall not exceed Three Hundred Twenty Two Thousand Nine Hundred Fifty- Three Dollars and 80 cents ($322,953.80).with the ability to subsidize total payment with advertising revenue, as stipulated under Section 5(d) herein. b) The breakdown for the Services charge is as follows: i. Two (2) XL Vehicles ii. Service: Monday through Sunday 7.00 am — 11.00 pm. iii. Ninety-Eight (98) Hours of labor per vehicle weekly (weather and con- ditions permitting) iv. Cost: $322,953.80 Annually 4. Payment Terms. CITY agrees to pay the Rates in monthly installments, as follows: a) Twelve (12) payments of approximately $26,912.82 per month, payable on or before the 15t" of each month, beginning upon delivery and deployment of the vehicles as set forth in Section 2 above. 5. Additional Terms. a) CITY's operating hours, as contemplated in Section 2.b. above, shall be as follows: Monday through Sunday 7.00 am — 11.00 pm. These hours may be modified by mutual written agreement of the Parties as ridership data becomes available throughout the Term. b) CITY shall be responsible for installation and maintenance of the fast charger(s) and any costs associated therewith at all times after acceptance of the delivery described in Section 2.c. above. c) FREEBEE will operate the Vehicles in CITY'S designated service area map as delineated in EXHIBIT "B" (Subject to Revision as Necessary). d) Should local law allow for FREEBEE to sell advertising space on the Vehicles at any time during the Term, and provided FREEBEE is able to sell such ad- vertising space, FREEBEE may enter into separate agreements with advertis- ers for the placement of advertising on the Vehicles. All advertising shall be subject to CITY's approval prior to placement on the Vehicles. Any advertising revenue generated from the sale of advertising on the Vehicles during the Term shall be divided equally between FREEBEE and CITY, with each entitled to 50% of advertising revenue that is generated and actually received. CITY shall be permitted to apply its share of such revenue, if any, towards subsidizing the Page 16 of 18 Rates it has agreed to pay hereunder. Nothing in this section should be deemed to constitute a guarantee that FREEBEE will sell such advertising space or generate any revenue by selling advertising on the Vehicles during the Term, and CITY expressly acknowledges that no such guarantee has been made by FREEBEE. 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Wasson (9L City Manager BY: Joanne Carr AICP J_(" w Community Development Director DATE: December 30, 2020 SUBJECT: Request of Miami Beach Health Care Ltd. (the "Applicant") for Modification of Sign Variances Aventura Hospital Wall Sign and Monument Signs 20900 Biscayne Boulevard Case File No. SV2012-0001 January 5, 2021 City Commission Meeting Agenda Item 6A RECOMMENDATION It is recommended that the City Commission approve the Applicant's request to modify the sign variances approved pursuant to Resolutions Nos. 2004-50 and 2005-47 to allow the following- 1. Installation of a second wall sign on the east elevation of the hospital building, facing Biscayne Boulevard, as shown on Exhibit #3 to this report; 2. Replacement and relocation of a monument sign from the southeast corner of the hospital campus to the north side of the new entry/exit drive at the south tower expansion in the location shown on Exhibits #4 and in design shown on Exhibit #7 to this report; and 3. Replacement and relocation of a monument sign from NE 209 Street to the landscaped area to the northeast of the south tower expansion in the location shown on Exhibits #4 and in design shown on Exhibit #8 to this report subject to the following conditions- 1. All conditions of Resolutions No. 2004-05 and 2005-47 not modified by this approval shall remain in full force and effect; and 2. The illumination level of the wall sign shall not exceed 4000 lumens; and 3. A minimum of 160 square feet of landscaping shall be planted around the new and relocated monument signs; and 4. Monument signs shall be no closer than 50 feet from another monument sign; and 5. No monument sign shall be placed in a sight visibility triangle; and 6. Pursuant to Section 166.033, Florida Statutes, as amended, issuance of a development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. THE REQUEST The Applicant is requesting modification to the approvals granted pursuant to Resolution Nos. 2004-50 and 2005-47 to allow the following: 1. Installation of a second wall sign on the east elevation of the hospital building, facing Biscayne Boulevard, as shown on Exhibit #3 to this report; 2. Replacement and relocation of a monument sign from the southeast corner of the hospital campus to the north side of the new entry/exit drive at the south tower expansion in the location shown on Exhibits #4 and in design shown on Exhibit #7 to this report; and 3. Replacement and relocation of a monument sign from NE 209 Street to the landscaped area to the northeast of the south tower expansion in the location shown on Exhibits #4 and in design shown on Exhibit #8 to this report 2 The applicant's letter of intent is attached as Exhibit#1 to this report. BACKGROUND OWNER OF PROPERTY Miami Beach Health Care Group Ltd. d/b/a Aventura Hospital & Medical Center LOCATION OF PROPERTY 20900 Biscayne Boulevard (see Exhibit #2 for Location Map) LEGAL DESCRIPTION Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and the west '/2 of Lot 2, Block 8, Map of the Town of Hallandale, according to the plat recorded in Plat Book B at Page 13, both of the Public Records of Miami-Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue, City of Aventura ZONING Subject property: MO, Medical Office District Property to the North: MO, Medical Office District Property to the South: B1, Neighborhood Business District Property to the East: B2, Community Business District Property to the West: U, Utilities District EXISTING LAND USE Subject property: Aventura Hospital and Medical Center Campus Property to the North: Public Storage Buildings Property to the South: Retail Plaza Property to the East: Retail Plaza, Funeral Home & Synagogue Property to the West: FEC Railway FUTURE LAND USE — According to the City of Aventura Comprehensive Plan, Future Land Use Map, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office 3 Property to the East: Business and Office Property to the West: Business and Office The Site - The subject site is the Aventura Hospital and Medical Center main campus located on the west side of Biscayne Boulevard, north of NE 209 Street, consisting of the Hospital building, medical office buildings and parking structures. The Applicant has recently completed construction of a 3-story, 86,900 square foot addition to the existing 8-story south tower to house 60 patient rooms, waiting rooms, staff work space, lounge and storage rooms. The addition is located to the east of the existing south tower, fronting on Biscayne Boulevard. As part of the expansion project, the applicant constructed a 5-story, 506 space parking garage on the north side of the campus. Internal circulation of the main campus was reconfigured by adding a right-turn, deceleration lane southbound on Biscayne Boulevard, by improving the southerly exit only onto Biscayne Boulevard into an entry and exit drive and by providing a dedicated delivery only entry/exit from NE 28 Avenue. A sidewalk and crosswalk was built along the southerly entry/exit driveway, next to the south tower expansion, to connect pedestrians safely from the Biscayne Boulevard sidewalk through the site to the hospital entrance. History - A sign variance was approved in 2004, pursuant to Resolution No. 2004- 50, to permit wall signage in varying sizes on the north, south, east and west elevations of the Aventura Hospital. An additional sign variance was approved in 2005, pursuant to Resolution No. 2005-47, to permit monument signs on the hospital campus in sizes larger than allowed by City Code and to allow a second wall sign on the south elevation of the hospital building and on the Aventura Physician's building. Request #1 — Modification of Sign Variance Approval granted pursuant to Resolution Nos. 2004-50 and 2005-47 to permit a second wall sign on the east side of the Aventura Hospital and Medical Center measuring 85.68 square feet, where only one sign per elevation is permitted by City Code. Section 31-1910)(9)b. of the City Code permits one wall sign on each elevation of the hospital building. The maximum sign area is 1 square foot for every 1 lineal foot of building frontage. 4 The Applicant was granted sign variance approval pursuant to Resolution Nos. 2004-50 and 2005-47 to permit the following wall signage on the hospital building: Location Sign Area Permitted by Sign Area Approved City Code by Variance North Elevation 171 square feet No sign allowed as condition of approval of second sign on south elevation West Elevation 476 square feet 320 square feet East Elevation 446 square feet 323.75 square feet South Elevation 196 square feet 276 square feet and 144 square feet Total Sign Area 1289 square feet 1063.75 square feet The area of the four approved wall signs, when taken aggregately, is less than the maximum allowed. The varying sign sizes were requested in order that the wall signs fit proportionately within the building element on the different elevations. There is currently one wall sign on the south, east and west elevation. The second sign approved in 2005 for the south elevation was a logo sign which has not yet been installed. The applicant is requesting modification to the existing variance approvals to allow a second wall sign on the east elevation of the south tower expansion, facing Biscayne Boulevard. This sign measures 85.68 square feet as shown on Exhibit #3. The proposed location is the east elevation of the third level of the tower expansion as shown on Exhibit #4. The channel letter sign design and location below the roofline both comply with the signage regulations in the City Code. A condition of approval has been added to ensure that the sign will not exceed the maximum permitted illumination of 4000 lumens. A modification to the 2004 and 2005 sign variance approvals is required because the City Code allows only one wall sign on each elevation. If approved, this second sign on the east elevation, at 85.68 square feet, will bring the total area of all approved business identification wall signs on the main hospital building to 1149.43 square feet, or 139.57 square feet less than the aggregate sign area allowed by City Code. The criteria for approval of sign variances set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations is as follows- 5 The Sign Variance maintains the basic intent and purpose of these regulations,particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The proposed wall sign on the Biscayne Boulevard frontage of the south tower expansion will serve a directional function and is required to effectively index the environment. If approved, the total aggregate square footage of wall signage for the hospital building will not exceed the total square footage permitted by City Code for the building. Request #2 — Modification of Sign Variance Approval granted pursuant to Resolution No. 2005-47 to replace and relocate two monument signs, where sign locations and sizes were permitted through the previous variance approval. Section 31-1910)(9)a.of the City Code allows monument signs for the hospital campus when the size does not exceed 15 feet tall for primary signs, 13 feet tall for secondary signs and 65 square feet in total area. The monument signs are required to be set back a minimum of 6 feet from the right of way line, 20 feet from a side property line and no closer than 50 feet from another monument sign. The number of monument signs is by approval. The applicant was granted variance approval in 2005, through Resolution No. 2005-47, for number and location of monument signs on the hospital campus, a primary monument sign larger than allowed by City Code and a secondary sign larger than allowed by Code. Eight monument signs were approved for the campus, in the locations and size as shown on Exhibit#5 to this report. During construction of the south tower expansion, two of the monument signs that were approved through a sign variance in 2005 were removed; one on NE 209 Street shown as Sign "H" and one at the southeast corner of NE 209 Street and Biscayne Boulevard, shown as Sign "A" on Exhibit #5. The applicant wishes to replace and relocate these two monument signs; one to the north side of the southerly entry/exit drive on Biscayne Boulevard and one to the landscaped area to the northeast of the south tower expansion, as shown in Exhibit#4 to this report. The proposed new monument sign on Biscayne Boulevard measures 65 square feet and is shown on Exhibit #7. The proposed new monument sign at the south tower expansion measures 32.5 square feet and is shown on Exhibit #8. Both proposed sign sizes comply with the maximum size allowed by City Code. A modification to the 2005 sign variance approval is required because the location and size of two monument signs are proposed to be changed. Conditions of 6 approval have been added to ensure that the signs will be setback at least 6 feet from the right of way, will not be located in a sight visibility triangle and will have at least 160 square feet of landscaping at the base of each sign. If approved, there will be the eight monument signs on the campus which is the same number approved in 2005. The criteria for approval of sign variances set out in Section 31-191(m)(8) of the City of Aventura Land Development Regulations is as follows: The Sign Variance maintains the basic intent and purpose of these regulations,particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The signs are compatible with the surrounding land uses, will effectively direct patrons to the recently renovated hospital campus and index other hospital services. The size of both signs comply with the maximum sign area in the City Code. The proposal is the same number of monument signs as previously approved in 2005. The location and size of signs has changed, thus the sign variance modification is requested. . Public Notice— Public notice has been given in accordance with Section 31-71 of the City Code. Notice of the time and place of the public hearing describing the nature of the application and street address of the property has been published not less than ten days prior to the public hearing. A courtesy notice containing substantially the same information set forth in the published notice has been mailed to the property owners of record located within a radius of 300 feet of the property described in the application. The property has been posted no later than ten days prior to the hearing in a manner conspicuous to the public, by a sign containing information concerning the application including but not limited to the variance modification requests and the time and place of the public hearing. Citizen Comments — As of the date of writing of this report, the Community Development Department has not received any written or verbal citizen comments. 7 A lwi enlu Hospital MeT 1'�eaVn d cal Center David Was, Chief Operating Officer Aventura Hospital and Medical Center 20900 Biscayne Blvd Aventura, FL 33180 December 4, 2020 City of Aventura Community Development Department 19200 W. Country Club Drive Aventura, FL 33180 RE; Public Hearing Application for Sign Variance®Aventura Hospital and Medical Center To Whom it May Concern: Enclosed is a Public Hearing Application for Sign Variance and supporting documents whereby Aventura Hospital and Medical Center is requesting approval for sinae pertaining to the construction of a new patient bed tower along Biscayne Boulevard.The contents of this application modify the sir►variance for this property previously approved in 2005.The requested sign variance serves a benefit to the community by enabling patients of the Aventura community to more clearly identify and access the hospital, We are requesting approval of this sign variance in order to continue to provide the best care to the community possible. Should you have any questions or concerns, please contact me. Sincerely, s David Was Chief Operating Officer Aventura Hospital and Medical Center EXHIBIT BROWARD COUNTY L` l DADECOUNTY '' IVY V%argWrI69MW%iltivYWIL •�•� m �. :■ Gulfstream YACH LUB DR. ° :■ Park ■ MARINA ■ Subject Site COVE ° :0 Aventm'u HARBOR CIRCLE ° :r Haspilaf �� WAY ■ ° &Medical �� uj WAY ■ :r Center J Q MA 1NER :■ :r ® ■ :° � Waterways ■ :■ WATERWAYS Shoppes 207 ST. ■ :0 W ■ W ;o Q ¢ COUNTRY CLUB DR. �■ The N 205 ■ :■ Promenade ° j� Shops Cl) ■ IVES DAIRY RD. :r 203 ST. :■ 201 TER. M • m :■ a ❑ TLrnberryIsle ° Z :Q m Resort de Club ° AVENTURA v0 :■ Q U ip Fire O 1 Rescue Aventura � � • Station Library z Gv • �■ D • Aventura Mall 2 ,r O YACHT Q • City of Aventura U LUB �J • WY. • �e Government Center �E1,{►�tA a m 192 ST. WILL AM 192 ST. :■ OQ • ;0 191 ST. Q�• i W •° 190 MYSTIC • x •° Loehmann's • Fashion W • 3 ■ Island > _. : m ■ N 188 ST. • Z MIAMI �e GARDENS 33180 ;• GARDENS DR. '0 _ _ _ - -- - �•-T._._._._._.33 . . %• • 1 183 ST. Dumfoundling Bay • � ;• 1 F Ocean` :4 Little Z y Williams • Biscayne rn Sound ° :• arbour 180 ST Lab Point n i� • :• DPP & `L !• TOP � • 40 a • ♦..asa. ■ ■ r■ ■■■ r ■■ .1 LEGEND Q � � Maule ♦i Luke i Roadways �� ° ♦ - ■ - - ■ City Boundary —._. . :*♦ ZIP Code Boundary__....... Ra road +p 1 EXHIBIT 2 SV2012-0001 n 4a t I5 �1 1 4e� II o �m-CAIc aQ t y� 11311 ii'm iR y ,.e Z .o aLLNN�s,'s owl Z � � co e 3 f y / LL UaF O OV ¢ rn� �� O# cio`ooe�� � � mom WSW a�� za aZk+ LLc �G'�w o"gJQ � LLIz �� g�nc+ d = ado 0 �������� J 2 ~fig ■ If f f ff ff ffff u .gym Now LLJ a 0 'L a EPP WO Nd > IA a N W a 3 pp U) K U m a Z o F- O � O f K x r r or 3 > w cc J pp w N Z yW _ m ato Z r o� ¢� NO Z avd' W a 5� �� W" 44 6 OLLw 0xOU ^a' � OU R UrJn WQ Nd UaOca 2 WO LLJ O7 F , �I b y� a r o ci it 9 04 ly tp 2 2 •' sT QT p y Y _i ' Z �JnT� caz 25 X dcc # �ly 3 ■a W Ua�i O� Ou O LU ;r - CDIF e s ` Z _ Minns AmolS v z52 • ° 80W JNIlSIX3 *0- 07 . .G 0 Ail -� • �I � ��.° ,�1-�--!•- it • I ��{� �i. 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C1 Z. y 1 C. aO QmV; �v � ae v CL `a `a `= T "3 r o IN as`t aN+i r T TT T N ao eeroovv vN'v,e'eN`vNcv os Of m Q C y Wa OU x - 'all r in in �� • •' and Q � • ,, �S a u•i tI • TT A Sys us N 07 d �n J d PH cc r- r o Q,A�ci fil���� Ej U vial__ 0 4-4 II 6 N J 3 o c C!� N u 1 2cf U 1 0co C w o m $ 0 [1 X aKz N ,LI 1 zj E--r,.� ti r i ct Z ■w �H <� Z � O U J LL =1 D W li Y Z' oa y O Z 0 EllS DocuSign Envelope ID:C4E655D5-1564-4DF5-8626-9913DF3906DR7 0 APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i)of the City of Aventura land Deveioprnent Code,this Applicant Representative Affidavit Is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Developffrent Permit,which is identified in the acccrnpanying application,and the owner of the property su ' ct to the application(if different)hereby lists and identities all persons represr f€ng the individual or entity applying for the Develop Permit in connection with the application„as fol3 s: Name Relationship (i.e.Attorneys,Architects,Landscape Architects,Engineers,Lobbyists,Etc.) ila,F3 i _ I (Atfach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC.31m71(6)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE, WITNESS MY HAND THIS_... DAY OF AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER Ey:eo By:---, ( ar�rtatrrre) (Sgnafure) Name:._ _ Name:___ l'i?rint) (Print) Title: t t - ' Tale Address. r Address: 1 STATE OF FLORIDA COUNTY OF MIA I-DADE) Before me the undersigned authority personally appeared _.. as the authorized representative of the Applicant and/or the owner of the property subject to the application, Who being first by me sworn, did swear,or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this��day of _ ,24 MAR4 � IA GALLMI Notary Public State of Florida At Large p� 1tary Public-State of Florida . �.` Commission#GG 3y382o3 noted Name of Notary Y"! My Comm.Expires may 23,2023 y commission expires:, - died through National Not"Assn, DocuSign Envelope ID:C4E658D8®1$34®4DF5-3526a90BDF39€76DS7 0 BUSINESS RELATIONSHIP A This Affidavit is rude pursuant to Section 31-71(b)(2)(4)of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with Y appkatne portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. ( )2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Cormisson or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board r) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (}i. Member of City Commission or Board holds an ownership interest in excess of f%of total assets or capitd stock of Applicant or Representative; O ii. Member of City Commission or Board is a partner, co-shareholder(as to shares of a oorparation which are not listed on any national or regional stock exchange)or joint venturer with the Applicant or Representative in any business venture, [j iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board,- iv. A City Commissioner or Board member is a Client of the Applicant or Representative; (Iv. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000,00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; [}vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25,000,00 of the business of the Applicant or Representative in a given calendar year. WITNESS FAY HAND THIS__ DAY OF ,20 _. APPLICANT: By: ("Wi7naluns) N .e: (FYhW) Title: _ Oliver) WITNESS MY HAND THIS DAY OF 200—, PROPERTY OWNER: BY_. (�rttrr) (Faith) 'The terms ,e 9ness Relationship,' "Client,' ° bosh ri "Altltia`ccur1," "Repri ertts'ttrve'and "In erested Person'are defined in Section 2-3 5 of the Aventuce Oily Code. DocuSign Envelope ID:C4E655D6-1884-4DF'5-8526-90BDF 906DB7 WITNESS MY HAND THIS_ SAY OF _ REP ES S ine lafi0n hip Affidavit) tV+� Srt� °.. tdr1 y; . ( rrtur Nanw, Edwin DeMoss _(Print) Name, �. ( tint) Tits._ Project Manager (Prot) T fit: _.._. Lllolut,lom,ld 111,r By:._ .. ( ha tier By;--- _ (Signature Name:__Kenneth T _(,tint) lama: . ( r t) it ct a Title:,-Arch ES Dunn Sp:.. ( t r 1 y: ( ign tur Trent ld.. £rirttJ Name:-- _ ( rrt1 Title: Director - it t _( rirtrl Title: ___. ._�.�..(Pim r ) Sy. _.. (Signature) Sy: _ _ _ .(Signature T'Se:_a�._.. Pf. 1 Ti e; (Prim) Ti p'--_� _.� (rim By:-- _ (S( rticarl (Srtature TM _ ( t1 fiitfa: _ (I i) Title: _.ROO TtlW 5y:. (iigatarr) y: �. ( igrattar 0100 Title:_ - - -- _ (f ant) Title; —(PhnV TiOn: __ (" NOTE: 1) Use duplicate sheets if disclosure information for Representative varies ) Applicants and Affsants are advised t0 timely supplement this Affidavit pursuant to See. 31-71 b(3)(iv)of the ity's Land Development Regulations ulat.ions in the City Code, in the event that prior to consideration of the application by the City Beard or Commission, the information provided in the Affidavit becomes incorrect or incomplete. Docu ign Envelope 0:F6493A46-772 5Q3-8DAO-39EA6F2Co-C;2E6 1 i NN0QjLAg8BQy PROVI ION STATE OF FLORIDACOUNTY OF gg B Ind m ow undersred x ft AffisnL who beoV W1by me d Swoln dd swar a AFFLANT SWORN M AND SUBSCRiBEDboxem Swle of F Rrm�tad �{Nmt�y � try wwnresion erpd spy y .......... .. .„,„„a....«a«,..�. .,.. >ww _......._ ....___ .�__.. CSTATE FLORIDA MMTV OF ) 5 Bellout me,the andwsVoird audody, wAnted hs Affdaw bf Me pipows SU4@d tweift at i s Gus eld cmad E�6B52Cb45�i2i6C39. _. AFF � SWORN TO AND SUBSCRIBED bebre ffe the of BIANCAGNORCsiANAISTRATE f° N Public-5 or(da Nary fx F&wada At Lar &GG 193827 y Comm,Ex,lres Mar 8,2022 n 11 11 of No I Wy Bonded through National Notary Assn° TAKE OF FL • _..Am _�..o-... m ...,.. ._P T COUNTY ) . sebre ,Me u b ' bRt t Dy are drily n,dW s r ex executed iA mlt r that �FFtA raaa�a�ist3aEa::: SWORN TO AND SIASCRIBED beWe of °v 6lANCA CxEO#GIANA ISTRATE Not"Pu is-State of Florida Nowy Rtr She F At Cum Cis 193827 t3MM,Expires Mar g,2022 ------ _ ndedthrough National Assm' My camnAsew expwas., STATE'OF FLORM Bebe me,Me u tsu ly _ ; ,,. g t� St by medy s a tl i we parr r d is hw ad owed AFF 819 WSB34BA.. f EIANCA GEORC RNA lSfRATE ' fA Norar - taW of Florida Notwy Public State of F rrda At L orurrnsslun d GG 193827 My Comm,EXPIM Mar 0,2022 Ptg Bonded through NetD t Notary Assn, My emossiall expires i i 4 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MODIFICATION OF SIGN VARIANCE APPROVALS GRANTED PURSUANT TO RESOLUTION NOS. 2004-50 AND 2005-47 FOR MIAMI BEACH HEALTH CARE GROUP LTD. D/B/A AVENTURA HOSPITAL AND MEDICAL CENTER TO PERMIT A SECOND WALL SIGN ON THE EAST ELEVATION OF THE HOSPITAL BUILDING AND THE REPLACEMENT AND RELOCATION OF TWO MONUMENT SIGNS, AT 20900 BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article IX, "Sign Regulations", Section 31-191, "Sign Regulations Generally", subsection (m)(8) of the City Code of Ordinances provides that a "variance may be granted upon a showing by the applicant that the sign variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will otherwise be compatible with the surrounding land uses and would not be detrimental to the community"; and WHEREAS, sign variances were granted to Miami Beach Health Care Group Ltd. (the "Applicant") pursuant to Resolution Nos. 2004-50 and 2005-47 related to wall signs and monument signs for the hospital campus located at 20900 Biscayne Boulevard, City of Aventura, in the Medical Office (MO) District, as legally described in Section 2 (the "Property"); and WHEREAS, the Applicant has requested a Modification to Sign Variance Approval, through Application No. SV2012-0001, to permit a second wall sign on the east elevation of the hospital building and replacement and relocation of two monument signs on the Property; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for modification to sign variances. City of Aventura Resolution No. 2021- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The Application for Modification of Sign Variance Approval to permit a second wall sign on the east elevation of the hospital building and to permit replacement and relocation of two monument signs, is hereby granted for the Property legally described as: Tracts 1, 2 and 3 according to the plat of Biscayne Medical Plaza as recorded in Plat Book 137 at Page 76 and the west 1/z of Lot 2, Block 8, Map of the Town of Hallandale, according to the plat recorded in Plat Book B at Page 13, both of the Public Records of Miami-Dade County, Florida, less the rights of way for NE 209 Street and NE 28 Avenue, City of Aventura subject to the following conditions- 1. All conditions of Resolution Nos. 2004-05 and 2005-47 not modified by this approval shall remain in full force and effect; and 2. The illumination level of the wall sign shall not exceed 4000 lumens; and 3. A minimum of 160 square feet of landscaping shall be planted around the new and relocated monument signs; and 4. Monument signs shall be no closer than 50 feet from another monument sign; and 5. No monument sign shall be placed in a sight visibility triangle; and Page 2 of 4 City of Aventura Resolution No. 2021- Section 3. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 3 of 4 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 5t" day of January, 2021. 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 , 2021. CITY CLERK Page 4 of 4 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson CZ5Q_ City Manager BY: Joanne Carr, AICP i""v'" Community Development Director DATE: December 30, 2020 SUBJECT: Request by Shalev Development Group LLC for Conditional Use Approval to allow retail uses as part of a non-residential building, when such retail uses do not exceed 15% of the total gross interior square footage of the building, for an office/hotel building at 2820 NE 214 Street, City of Aventura, Case File No. CUP1911-0001 January 5, 2021 City Commission Meeting Agenda Item 6B RECOMMENDATION It is recommended that the City Commission approve the request by the applicant, Shalev Development Group LLC, for conditional use approval to allow retail uses as part of a non-residential building for an office/hotel building at 2820 NE 214 Street, City of Aventura, subject to the conditions listed in this staff report. THE REQUEST The applicant is requesting conditional use approval pursuant to Section 31-144(f)(2)d. of the City Code to allow retail uses, totaling 7.85% of the total gross interior square footage of the building, as part of a non-residential development, where the City Code permits retail uses as part of a non-residential or multifamily residential development when the retail uses do not exceed 15% of the total gross interior square footage of the building, for the office/hotel building at 2820 NE 214 Street, City of Aventura. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Shalev Development Group APPLICANT Jeffrey Bercow/ Michael J. Marrero ADDRESS OF PROPERTY 2820 NE 214 Street (See Exhibit#2 for Location Map) SIZE OF PROPERTY: Approximately 1.36 acres LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 8, 9 and 10 in Block 37 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in Block 38 of Hallandale Park, according to the Plat thereof recorded in Plat Book 12, Page 37, of the Public Records of Miami Dade County, Florida, City of Aventura (complete legal description provided in Exhibit #3) Zoning — Subject Property: MO Medical Office District Properties to the North: MO Medical Office District Properties to the South: MO Medical Office District Properties to the East: MO Medical Office District Properties to the West: MO Medical Office District Existing Land Use — Subject property: Office/Hotel Building with retail on ground floor Properties to the North: Residential Duplex Properties to the South: Vacant land (approved for office development) Properties to the East: Office/Retail/Assisted Living Facility (under construction) Properties to the West: Medical Office Building Future Land Use - According to the City of Aventura Comprehensive Plan, Future Land Use Map, the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office 2 The Site -The site is a 1.36 acre parcel of land, located in the Medical Office (MO) District. The owner has recently completed construction of an office/hotel building. The parcel has approximately 299 feet of frontage on NE 214 Street, approximately 240 feet of frontage on NE 213 Street and approximately 220 feet of frontage on NE 28 Court. The Project — The project is a LEEDO Gold certified office and hotel consisting of a 10- story, 119.5 foot tall, 118,694 square foot building with lobby and retail spaces on Level 1, 313 parking spaces on Levels 2 through 6, 38,617 square feet of office space on Levels 7, 8, 9 and 10 and 100 hotel rooms on Levels 6 through 10. The hotel amenities are located on an outdoor plaza on Level 6. The building has a 6,000 square foot green rooftop amenity and plaza deck. Conditional use approval for LEED Gold development incentives, including increased floor area ratio and increased lot coverage, and variance approval for a reduced lot size were all approved pursuant to Resolution No. 2016-67 on November 1, 2016. Administrative Site Plan Approval and administrative variance approval for a reduced front yard setback were issued on January 19, 2017. A temporary Certificate of Occupancy for stocking and training was issued on November 3, 2020. There are eight retail spaces on the ground floor ranging from 2,000 square feet to 900 square feet, for a total of 9,320 square feet, or 7.85% of the total gross interior square footage of the building. The retail space layout is shown on Exhibit #4 attached to this report. The Medical Office (MO) District regulations provide that retail uses may be permitted following conditional use approval, as long as the retail use area does not exceed 15% of the total gross interior square footage of the building. Conditional use approval will allow these retail uses to offer their products and services to the general public, that is, not solely as an accessory use for the building. Each retail space with an exterior access door may have an exterior wall sign on its tenant space. ANALYSIS Consistency with Comprehensive Master Plan — The development proposal is consistent with the City of Aventura's Comprehensive Plan as the future land use designation for the parcel is Business and Office. Community Development Department Analysis - The site is located in the Medical Office (MO) zoning district. The office and hotel are permitted uses in the MO zoning district. The zoning district regulations provide that retail uses may be permitted following conditional use approval, as long as the retail use area does not exceed 15% of the total gross interior square footage of the building. In this case, the total square footage of the building is 118,694 square feet and the retail use area on the ground floor is 9,320 square feet or 7.85%. Parking spaces have been calculated and provided on site to include these stand-alone retail uses. Criteria The following is staff's evaluation of the proposed use, pursuant to the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. 3 The proposed use is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Business and Office. This future land use category accommodates that full range of sales and service activities, including the office, hotel and proposed retail uses. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. The proposed retail uses are contemplated by the zoning district regulation. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed development is consistent with the community character of the immediate neighborhood. Medical and commercial office uses are existing or approved, including a mixed-use project to the east that also incorporates retail use. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the development is by way of both NE 213 Street and NE 214 Street according to the approved site plan. The owner has completed road improvements on NE 213 Street, NE 214 Street and NE 28 Court as part of the development approval. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 4 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The design of the building minimizes adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The architectural design is compatible with existing buildings in the area. The retail uses are integrated into the ground floor of the building and will benefit both building occupants and the general public. Parking spaces are provided on site for the retail uses. The Florida friendly canopy trees and plantings and the green building design elements will minimize adverse effects on the environment. CONDITIONS OF APPROVAL 1. The location of the retail uses shall substantially comply with the plan submitted with this application, entitled "Ivory 214", Ground Floor Plan, Sheet A201, prepared by Idea engineering architecture, dated 04/02/19, last revised 09/25/19. 2. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 3. Issuance of a development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Public Notice — Public notice has been given in accordance with Section 31-71 of the City Code. Notice of the time and place of the public hearing describing the nature of the application and street address of the property has been published not less than ten days prior to the public hearing. A courtesy notice containing substantially the same information set forth in the published notice has been mailed to the property owners of record located within a radius of 300 feet of the property described in the application. The property has been posted no later than ten days prior to the hearing in a manner conspicuous to the public, by a sign containing information concerning the application and the time and place of the public hearing. Citizen Comments—As of the date of writing of this report, the Community Development Department has not received any written citizen comments. 5 EXHIBIT 3 TO STAFF REPORT CUP2012-0001 LEGAL DESCRIPTION OF LAND Lots 1, 2, 3, 4, 5, 8, 9 and 10 in Block 37; and Lots 1, 2, 3, 4,5, 6, 7, 8, 9 and 10 in Block 38 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, Page 37, of the Public Records of Miami- Dade County, Florida. LESS AND EXCEPT those portions of the property conveyed for right of way purposes to the City of Aventura, a Florida municipal corporation by virtue of that certain Right of Way Deed recorded on December 27, 2017 in Official Records Book 30806, Page 2560, as affected by corrected Right of Way Deed recorded on April 5, 2019 in Official Records Book 31392, Page 3632 of the Public Records of Miami-Dade County, Florida, more particularly described as follows: A portion of Lots 1 through 5 in Block 37 and Lots 1 through 5, 9 and 10 in Block 38 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the Northwest corner of said Lot 1 in Block 37, said corner being on the South Right-of-Way line of N.E. 214th Street; thence North 89'54'01" East along said South Right-of-Way line of N.E. 214th Street, also being the North line of said Blocks 37 and 38 for 299.91 feet to the Northeast corner of said Lot 5 in Block 38; thence South 00'13' 1 0" East along the East line of said Block 38, also being the West Right-of- Way line of N.E.28th Court for 220.00 feet to the Southeast corner of said Lot 10 in Block 38; thence South 89'54'37"West along the South line of said Block 38, also being the North Right-of-Way line of N.E. 213th Street for 35.06 feet to a point of cusp; thence Northeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 90'07'47"for an arc distance of 39.33 feet to a point of tangency; thence North 0013'10"West along a line parallel with and 10.00 feet West of said East line of Block 38 for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 89'52'49"for an arc distance of 39.22 feet to a point of tangency; thence South 89'54'01"West along a line parallel with and ten feet South of said North line of Blocks 37 and 38 for 264.97 feet to a point on the West line of said Lot 1 in Block 37; thence North 00' 10'59"West along said West line of Lot 1 for 10.00 feet to the Point of Beginning. 6 I ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE:305-377-6238 E-MAIL: mmarreraObrzcani��I VIA Ft C I LFE-MAIL December ber ,2020 .Joanne Carr Community Development Director City of Aventura 1200 West Country Club Drive,4th Floor trerttttra,Florida 33180 Ike: Conditional Use A nproval for Shalev DeveloDment Gro D ILC -Retail Uses Dear Joanne: This law firm represents 5halev Development Group, LLC (the "Applicant,"'), with regard to an application to approve a conditional use to approve retail uses at the Shalev Development project, also known as Ivory 21 (the "'Project"), The Applicant has substantially completed construction for the project located at 2820 NE 214th Street (the "Property"'). e Property is identified by Miami-Dade County Folio Number er 2 ® 1.234-0 -1 20, The applicant has developed an eleven (11) story LLED Gold professional office and hotel building with 118,858 ss square feet of floor area as well as a parking structure with 405 parking spaces. FAR of 2.0. Additional lot coverage i i permitted because of the inclusion of a green rooftop amenities. Conditional Use leer nest. The Applicant respectfully requests a conditional use approval to permit retail uses in a non-residential building. Pursuant to the City"s Land Development ent e lations, the following standards should be considered when reviewing a request for conditional use approval: (1) The proposed use shall be consistent with the Comprehensive Plan. EXHIBIT CUP1911-0001 f ?� s.Joanne, Carr December 4,202 Page The application is consistent with the goals and objectives of the Comprehensive :plan, specifically the ity's objectives of economic development as well as environmental stewardship and responsible development. ( ) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health,safetyl or general welfare; The hotel and office development, with retail eases, will not be detrimental to or endanger public health, safety or general welfare. To the contrary, the development of the Project will bring activity to under-utilized parcels with rases contemplated by the City's Zoning Code. Further, the proposed retail rases are compatible with the existing context and conforms to the ity's vision for this area pursuant to the Comprehensive Plan. ( ) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; e property is consistent with community character of the immediate neighborhood. In fact, the Property is nearly surrounded by other medical office uses, consistent with the areas zoning. Several of these uses are proposed as `.xed-use projects with associated retail components. (4) Utilities, roadway capacity, drainage, and other necessary ublic facilities, including office, fire and emergency services, shall exist at the i 's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs, The Project is not expected to result in a failure of the ity's adopted levels of service. The project complies with the ity's zoning regulations, which implies that the City has envisioned and anticipated this type of development on this particular parcel. (5) Adequate measures exist or shall be taken to provide ingress and egress tot e proposed use in a manner that minimizes traffic congestion in the public streets; e applicant engaged traffic engineers to work with the City to ensure that the Project was developed in a manner that minimizes traffic congestion and considers the optimal ingress and egress locations for the Project and the surrounding neighborhood. This was satisfactorily achieved through ad . ' °strative site plan approval. tom.. Ms.Joanne Carr December 4,2020 Page 3 (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and There is nothing to suggest that the approval of the Project and this conditional use will have any detrimental effect on the ability of surrounding properties to develop for uses permitted in their zoning districts. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation,setbacks,buffers,landscaping and other design criteria. The .Applicant and its architects have worked diligently to ensure that zoning regulations have been complied with to the greatest extent possible and appropriate landscaping and buffering will minimize any adverse effects that might arise from the development. In fact, the Applicant has availed itself of the incentives adopted by the City to promote "green" and L.FFL7 certified development within the City. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours" Michael J. Marrero BROWARD COUNTY I `` - ■���■��®��� tIA7 Subject Site N7'� 1� iC.1I■a s DADECOUNTY '0 e�'4f�'4eE'��"8�if1��Q��d4'8 iO YA H LUB DR. ° .a Par �-. ■ '■ MARINA ■ :i Avesrtnru HARBOR COVE 5 in Hospital J� WAY CIRCLE ■ '■ &Medical eoJ ui I MA tNERWA� � :r :■ Cq :■ �V l Waterways ■ �■ m WATERWAYS 07 ST. ■ �■ w ■ w COUNTRY CLUB DR. :■ The N 205 ■ '■ Promenade • Shops ai ■ ■ IVES DAIRY RD. :■ 203 ST. crF�L� ■ \Tq ■ :■ ■ ;r 201 ■ M ,■ TER. o TurnberryIsle ■ m �■ vp, ao Resort&Club:5 AVE URA D Z '* U O a Fire >- • �i Rescue Aventura as ,■ Station Library Z Gam' 3 • i '• O Q i Aventura Mall 2 'r O •{p,GNT �' • ;t City of Aventura U LUB �J • :■ Government Center ' • a 192 ST. W,LUAM LEMMA Q c 192 ST. �■ O • ■tr- ■� �i 191 ST. T%CQ� w ■ 190 MY5 X Loehmann'.r - • �■ Fashion 3 ,r Island Q • �+ ■ rn 188 ST. MIAMI e a :• L GARDENS DR. t• 3318033 U %• • •f 183 ST. Dumjoundling • 1 'i Bay • Adamic ;0 1 �. • ocean • Little Z 'y Williams • :o Biscayne m Sound • •a arbour 180 ST, e w N a PLake oint n i� • .1eP 8 2 �► • •* • r w h ■■f-m..aww■ woman now ■1 LEGEND Q ! • Maule •• Lake A Roadways ■ w w w w • City Boundary r •• �-•—•— ZIP Code Boundary ■ ♦' Railroad r � C—J r • ` EXHIBIT 2 !f CUP1911-0001 EXHIBIT 3 TO STAFF REPORT 11 1 -01 LEGAL DESCRIPTION OF LAND Lots 1, 2, 3„ 4„ 5, 6„ 9 and 10 in Block 37; and Lots 1, 2, 3s 4,5, 6, 7, 6, 9 and 10 in Block 38 of Hallandale Park„ according to the Plat thereof, recorded in Plat Book 12, Page 37, of the Public Records ofMiami- Dade County„ Florida. LESS AND EXCEPT those portions of the property conveyed for right of way purposes to the City of Aventura„ a Florida municipal corporation by virtue of that certain Right of Way Deed recorded on December 27,2017 in Official Records Book 30606, Page 2560, as affected by corrected Right of Way Deed recorded on April 5, 2019 in Official Records Book 31392, Page 3632 of the Public Records of Miami-Dade County, Florida, more particularly described as follows. A portion of Lots 1 through 5 in Block 37 and Lots 1 through 5, 9 and 10 in Block 33 of HALLAN ALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37 of the Public Records of Miami-Cade County„ Florida„ and being more particularly described as follows: Begin at the Northwest corner of said Lot 1 in Block 37, said corner being on the South Fight-of-Way line of N.E.214th Street; thence North 8 '54'01„'East along said South bight-of-Way line of N.E. 214th Street, also being the North line of said Blocks 37 and 36 for 299.91 feet to the Northeast corner of said Lot 5 in Block 3 ;thence South 00'13' 10" East along the East line of said Black 36° also being the West Right-of- ay fine of N.E.26th Court for 220.00 feet to the Southeast corner of said Lot 10 in Block ;thence South 69° '37"West along the South line of said Block 33„ also being the North Right-of-Way line of N.E. 213th Street for 35.06 feet to a paint of cusp; thence Northeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 90'07'47"for an arc distance of 39.33 feet to a point of tangency;thence North 00'13'10°'West along a lime parallel with and 10.00 feet West of said East line of Block 36 for 159.99 feet to a point of curvature;thence Northwesterly along a 25.00 foot radius curve„ leading to the left, through a central angle of 39'52'49"for an arc distance of 39.22 feet to a point of tangency;thence South 9'54°01"West along a line parallel with and ten feet South of said North line of Blocks 37 and 36 for 264.97 feet to a point on the West line of said Lot 1 in Block 37;thence North 00' 10°59"West along said West line of Lot 1 for 10.00 feet to the Point of Beginning. 6 o ° d8 ® �➢ . , aeaooeo 0i4® 4A � 4A a 1 ° � - ( oil of zf I :; 1 - _ �• as aA /-� t O �IS_, MM loom 0 0 0 O 00 O © O O O � APPLICANT REPRESENTATIVE AFFIDAVIT t_ Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit,which is identified in the accompanying application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application,as follows: !Name Relationship (re.Attorneys,Architects,Landscape Architects, Engineers,Lobbyists,Etc.) a fort, (� (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS _ _DAY OF _,20JL AUTHOR! E A V LICANT: OWNER By: By: Iq Signature) nature) Name: G .1 M VLrrtf. me'____ Title:, w r 4 Title. _ _. �► ^f- a '10 a--)I-- ( Address: B ®� C �� Address:_ 1 4_ f !1 r STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared L 0/—Ake a e authorized representative of the Applicant and/or the owner of the property subject to the application, who being first b s r r or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. AF A T SWORN TO AND SUBSCRIBED BEFORE ME this day of C _,20 _ Notary Public Stat o Florida At Large Printed Name of Notary — My commission expires:__ gPati>Uei,, DL4,(ARAMOS ......'o* MY COMMISSIONS#GG 300355 ="a• o, EXPIRES:Agri!10,2023 Bonded That Notary Pubf e R �4`cy�jh�,.6z'j " BUSINESS L TI IP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Code. The undersigned Affiani hereby discloses that: (mark with"x"applicable portions only) ( Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented,as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: (j i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock of Applicant or Representative; (]ii Member of City Commission or Board is a partner,co-shareholder(as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; (]iv. A City Commissioner or Board member is a Client of the Applicant or Representative, (j v. The Applicant or Representative is a Customer of the member of the City Commission or Board(or of his or her employer)and transacts more than$10,000.00 of the business of the member of the City Commission or Board(or his or her employer)in a given calendar year; vi The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than$25.000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS__f DAY OF 20 _ APPLIC By: _ �(Signatuie) Name: ® t (Print) Title:_ ^d (Print) WITNESS MY HAND THIS DAY OF 2000 PROPER ER: By: t _ (Signature) Na t� (Print) Till : (Print) the terms 'Business Relationship," "Client," "Customer," 'Applicant," "Representative"and "Interested Person"are defined in Section 2-395 of the Aventura City Code. WITNESS MY HAND THIS 10 DAY OF 4 2000__. REP T on Business Relationship Affidavit) By: _ (Signature) By:_, (Signature Name: i C q print) Name:_____ (Print) Title:_ (Print) Title:____ ___ (Print) By:,, (Signature) By: Name:_____ (Print) Name: _(Print) Title: .(Print) Title:__ _ —(Print) By: _ _— _(Signature) By: (Signature Name _(Print) Name:_ (Print) Title: (Pont) Title By:-- (Signature) By: Title:_ ___(Print) Title:-,,---- _(Print) Title:, (Print) Title __ (Print) By: -__(Signature) By: _ (Signature Title:— -(Print) Title: (Print) Title: (Print) Title: —''--(Print) By.-_- -_(Signature) By:, — (Signature Title: (Print) Title: _(Print) Title: (Print) Title _ _(Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appearedm rst by me duly sworn,did swear or affirm that he/she _or�__t '7 --- --- executed this Affidavit for the purposes stated therein and that it is true andc correct. AFFIANT SWORN TO AND SUBSCRIBED before me this /-(Oay of&(1016*,202 FF ANT ----------- Notary t otary Public S Fe DIONARAMOS N t e of Florida At Large =trrMY COMMISSION#GG 308355 Printed Name of Notary EXPIRES:AprH 10,2023 My commission expires:, w. ------R vV_P.ubl1c_Ud�wltea-- -------------------- -------------- ----------------- ----------------------------- c UrKlewl ------------------------------------------- A"� STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appear.p='QrA'�' theeffant,who bein st by me my sworn,did swear or affirm that he/she c executed this Affidavit for the purposes stated therein and that it is true and correct. -IANT SWORN TO AND SUBSCRIBED before me this day of 2013" _k% DIMA RA MOS Notary Publi St e of Florida At Large MY COMMISSION#GC 308355 EXPIRES:Aprfl 10,2023 Printed Name of Notary My commission expires Bonded Thru Notary Public U -- nderwrkm —------------------—- --------------- --------- ----—------- —-------------- STATE OF FLORIDA COUNTY OF MIAMI-DADE) lit Before me,the undersigned authority,personally appeared the ffiant, o in st by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. A ANTI,, SWORN TO AND SUBSCRIBED before me this day of DC.6W40/20 DIANARAMOS MY COMMISSION#GG 308355 Nola Publi St at of Flonda At Large EXPIRES:Apffl 10,2023 Bonded Thru Notary Public Undo itm Printed Name of Notary My commission expire, ----------- --------------------------------------------------------­­­­----------------------------------------- --------- ------------------------------- -------------- --------- STATE OF FLORIDA COUNTY OF MIAMI-DADE) Before me,the undersigned authority,personally appeared-,------- ----- the Affiani,who being first by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is Yoe and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this, day of 200 Notary Public State of Florida At Large Printed Name of Notary My commission expires:-, RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)D. OF THE CITY CODE OF ORDINANCES TO PERMIT RETAIL USES AS PART OF A NOW RESIDENTIAL DEVELOPMENT, TOTALING 7.85% OF THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF THE BUILDING, WHERE THE CITY CODE PERMITS RETAIL USES NOT IN EXCESS OF 15% OF THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF THE BUILDING; FOR THE OFFICE/HOTEL DEVELOPMENT LOCATED AT 2820 NE 214 STREET, CITY OF AVENTURA; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulation, Section 31-144 "Business Zoning Districts," of the City Code of Ordinances, the applicant, Shalev Development Group LLC, has applied to the City of Aventura (the "City") for Conditional Use Approval (Application No. CU2012-0001) related to the development of an office/hotel building (the "development") located at 28202 NE 214 Street, in the Medical Office (MO) District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to City Code Section 31-144(f)(2)d., the applicant has requested Conditional Use Approval to permit retail uses as part of a non-residential development, totaling 7.85% of the total gross interior square footage of the building, where the City Code permits retail uses not in excess of 15% of the total gross interior square footage of the building; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The application for Conditional Use to permit retail uses as part of a non-residential development, totaling 7.85% of the total gross interior square footage of the building, where the City Code permits retail uses not in excess of 15% of the total City of Aventura Resolution No. 2021- gross interior square footage of the building is hereby granted, subject to the conditions set out in Section 3 of this Resolution. Section 3. Approval of the application above is subject to the following conditions: 1. The location of the retail uses shall substantially comply with the plan submitted with this application, entitled "Ivory 214", Ground Floor Plan, Sheet A201, prepared by Idea Engineering Architecture, dated 04/02/19, last revised 09/25/19. 2. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 4 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 5th day of January, 2021. 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 , 2021. CITY CLERK Page 3 of 4 City of Aventura Resolution No. 2021- Exhibit "A" Legal Description of Property 2820 NE 214 Street, City of Aventura Lots 1, 2, 3, 4, 5, 8, 9 and 10 in Block 37; and Lots 1, 2, 3, 4,5, 6, 7, 8, 9 and 10 in Block 38 of Hallandale Park, according to the Plat thereof, recorded in Plat Book 12, Page 37, of the Public Records of Miami-Dade County, Florida. LESS AND EXCEPT those portions of the property conveyed for right of way purposes to the City of Aventura, a Florida municipal corporation by virtue of that certain Right of Way Deed recorded on December 27, 2017 in Official Records Book 30806, Page 2560, as affected by corrected Right of Way Deed recorded on April 5, 2019 in Official Records Book 31392, Page 3632 of the Public Records of Miami-Dade County, Florida, more particularly described as follows: A portion of Lots 1 through 5 in Block 37 and Lots 1 through 5, 9 and 10 in Block 38 of HALLANDALE PARK, according to the Plat thereof, as recorded in Plat Book 12 at Page 37 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows: Begin at the Northwest corner of said Lot 1 in Block 37, said corner being on the South Right-of-Way line of N.E. 214th Street; thence North 89'54'01" East along said South Right-of-Way line of N.E. 214th Street, also being the North line of said Blocks 37 and 38 for 299.91 feet to the Northeast corner of said Lot 5 in Block 38; thence South 00'13' 1 0" East along the East line of said Block 38, also being the West Right-of-Way line of N.E.28th Court for 220.00 feet to the Southeast corner of said Lot 10 in Block 38; thence South 89'54'37" West along the South line of said Block 38, also being the North Right- of-Way line of N.E. 213th Street for 35.06 feet to a point of cusp; thence Northeasterly along a 25.00 foot radius curve, leading to the left, through a central angle of 90'07'47" for an arc distance of 39.33 feet to a point of tangency; thence North 00'13'10"West along a line parallel with and 10.00 feet West of said East line of Block 38 for 159.99 feet to a point of curvature; thence Northwesterly along a 25.00 foot radius curve, leading to the left, through a central angle of 89'52' 49" for an arc distance of 39.22 feet to a point of tangency; thence South 89'54'01" West along a line parallel with and ten feet South of said North line of Blocks 37 and 38 for 264.97 feet to a point on the West line of said Lot 1 in Block 37; thence North 00' 10'59"West along said West line of Lot 1 for 10.00 feet to the Point of Beginning. Page 4 of 4 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: November 6, 2020 SUBJECT: End of Year Budget Amending Ordinance — FY 2019/20 11t Reading November 10, 2020 City Commission Meeting Agenda Item 9A 2"1 Reading January 5, 2021 City Commission Meeting Agenda Item 8 RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2019/20 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2019/20 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2019/20 budget. This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared annually to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. In order to comply with Section 166.241 (4) of the Florida Statutes, the related ordinance will appear on the November 2020 and January 2021 agendas. Although this Section requires all budget amendments be made "within 60 days following the end of the fiscal year," the second reading of the ordinance (as is consistent with past practice) will not occur until January 2021 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2020 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In some cases, associated revenues may be increased to satisfy the related expenditure overage. Listed below is a summary of the amendments for the City's General Fund, by department, the Aventura Charter School High School Construction Fund, the Stormwater Utility Fund and the Police Offduty Services Fund and the underlying circumstances that support each recommendation along with the supporting schedule — Exhibit "A". 1 COVID-19 Budget Impact Due to the circumstances created by the global pandemic crisis commonly known as "COVID-19" in early March 2020, the City incurred/may incur many expenditures that were not budgeted in either the FY 2019/20 or FY 2020/21 Budgets. As a result, this budget amendment will only amend the FY 2019/20 Budget for COVID-19 related expenditures that the City has incurred through September 30, 2020, (i.e., PPE, food for our first responders, additional contractual services including sanitization services, legal fees, facility upgrades, etc.). At the time this memorandum was prepared, the City was in process of seeking reimbursement of the COVID-19 related expenditures that are outlined above and referenced below under the section labeled "Non-Departmental — Other (9001)", from the following Federal funding sources: • Federal Emergency Management Agency ("FEMA") • Coronavirus Emergency Supplemental Funding ("CESF") • Coronavirus Aid, Relief and Economic Security Act ("CARES") Although the Federal funding sources referenced above, have not yet been obligated or reimbursed to the City, the Administration anticipates that the City will be reimbursed for many of the COVID-19 related costs through a combination of federal and state monies where applicable. Until such a determination is made, the City will utilize additional General Fund Carryover funds to cover these costs. The Carryover funds would then be replenished (to the extent possible) when the federal and state monies are received. The Administration will continue to monitor this situation very closely and make any and all necessary adjustments to both our revenues and expenditures as necessary. Any additional funding/expenditures that may be received/incurred during FY 2020/21 would be addressed through a future budget amendment, if necessary. Please note that of the $855,000 net increase to the FY 2019/20 General Fund Budget, $500,000 pertains directly to COVID-19 related expenditures. General Fund — (001) — ($855,000 net increase) Legal (0601) — ($265,000 increase) 3120 — Prof. Services — Legal requires a $265,000 budget amendment resulting primarily from overages in the following areas: • $6,500 related to the Intersection Safety Camera Program • $68,000 related to the School Referendum matter • $66,000 for matters related to the COVID-19 Pandemic (City is seeking reimbursement from Federal Funding sources) • $37,000 for various Police matters • $16,000 related to Bid Protests 2 The balance is comprised of miscellaneous legal matters related to: • Reviewing land use matters • Participation in Don Soffer Aventura High School Foundation matters, including establishment, drafting and revision of policies, ethics training and attendance at several Foundation Board meetings • City Charter School contract and policy matters • County/City Pedestrian Bridge Interlocal Agreement and related Aventura Mall and Seritage matters This overage will be offset by $265,000 in additional Utility Tax-Electric Revenue (3141000). Public Works/Transportation (5401) — ($90,000 increase) 4320 — Utilities — Water requires a $90,000 budget amendment primarily due to the following which was not anticipated in the originally adopted budget: • Additional irrigation costs of the park fields and the right-of-ways during the dry season. Even though the overall usage of the parks was down due to the COVID- 19 Pandemic, fertilization was utilized to maintain and promote healthy fields which resulted in additional irrigation so as to avoid burning the grass. This overage will be offset by $90,000 in anticipated additional Franchise Fee-Electric Revenue (3231000). Non-Departmental — Transfers (9001) — ($400,000 increase) 9127 — Transfer - Charter H.S. Construction Fund (393) requires a $400,000 budget amendment to provide a portion of the funding related to the following projects that were not anticipated or considered in the original High School Construction budget. • Water Main Relocation Project that was awarded to Marcdan, Inc. by the City Commission on June 9, 2020. • Locker Room Improvement Project that was awarded to Schiff Construction and Development, Inc. by the City Commission on July 16, 2020. This overage will be offset by a corresponding reduction of $400,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). Non-Departmental — Other (9001) — ($500,000 increase) 5950 — Disaster Supplies requires a $500,000 budget amendment primarily due to the unanticipated expenditures that the City incurred in response to the COVID-19 pandemic that were referenced above under the caption "COVID-19 Budget Impact". Although the Administration anticipates that the City will be reimbursed for many of the COVID-19 3 related costs through a combination of federal and state monies where applicable. Until such a determination is made, the City will utilize additional General Fund Carryover funds (3999000) to cover these costs. The Carryover funds would then be replenished (to the extent possible) when the federal and state monies are received. Aventura Charter H.S. Construction Fund — (393) — ($603,000 net increase) 6208 — Facility Building Construction requires a $603,000 budget amendment primarily to provide funding related to the following projects (inclusive of engineering costs) that were not anticipated or considered in the original School Construction budget. • Water Main Relocation Project that was awarded to Marcdan, Inc. by the City Commission on June 9, 2020. • Locker Room Improvement Project that was awarded to Schiff Construction and Development, Inc. by the City Commission on July 16, 2020. This overage will be offset by an appropriation of the following: • A $400,000 additional Transfer from the General Fund Reserves (3811001). • A $203,000 reappropriation of Interest Earnings (3611000) that were earned by the Construction Fund during FY 2019/20. Stormwater Utility Fund — (410) — ($252,000 net increase) Requires a $252,000 budget amendment primarily to record an FDEP grant (3343606) that is utilized to make additional drainage improvements along Country Club Drive. The related expenditures pertain to Drainage Improvements (6306). In addition, the City Commission awarded a contract to Shoreline Foundation, Inc. on May 5, 2020 for unanticipated emergency repairs to the Yacht Club Seawall that are expected to be offset from savings from the Stormwater Fund Capital Reserve and other budgetary savings within the Stormwater Utility Fund. Police Offduty Services Fund — (620) — ($50,000 net increase) 1420 — Extra Duty Detail requires a $50,000 budget amendment due to higher than anticipated Extra Duty Details that will be offset by $50,000 in additional Police Detail Billing (3421100). The budget amendments outlined above, are expected to have little to no impact on the FY 2019/20 overall budget or carryover amount that was utilized in the preparation of the FY 2020/21 budget. Based on this analysis, I recommend approval of the attached Ordinance. 4 ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-14 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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 City and upon the recommendations of the City Manager (and the concurrence of the Assistant City Manager — Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2019/2020 Operating and Capital Budget 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. 2019-14, which Ordinance adopted a budget for the 2019/2020 fiscal year, by revising the 2019/2020 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2021- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2019. The foregoing Ordinance was offered by Vice Mayor Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Evans, and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Vice Mayor Robert Shelley 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 Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2021- PASSED on first reading this 10t" day of November, 2020. PASSED AND ADOPTED on second reading this 5t" day of January, 2021. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A CITY OF AVENTURA GENERAL FUND 001 FY 2019/20 BUDGET AMENDMENT REVENUES OBJECT 2019120 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET ;141000 Utilitv Tax -Electric $ 4.835.000 $ 265.000 $ 5.100.000 3231000 Franchise Fee -Electric 3999000 Carryover Total Revenue TOTAL AMENDMENTS - REVENUE 835,000 90,000 925,000 15,309,221 500,000 15,809,221 $ 20,979,221 $ 855,000 $ 21,834,221 $ 855,000 EXPENDITURES OBJECT 2019/20 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET LEGAL (0601) CONTRACTUAL SERVICES 3120 Prof. Services - Legal Total Legal PUBLIC WORKS/TRANSPORTATION (5401) OTHER CHARGES & SERVICES 4320 Utilities - Water Total Public Works/Transportation NON -DEPARTMENTAL TRANSFERS (9001) OTHER OPERATING EXPENSES 9127 T/fer - Charter H.S. Construction Fund (393) Total Non -Departmental Transfers NON -DEPARTMENTAL (9001) OTHER OPERATING EXPENSES 5950 COVID-19 Disaster Supplies Total Non -Departmental CAPITAL OUTLAY (8090) NON -DEPARTMENTAL 6999 Capital Reserve Total Capital Outlay TOTAL AMENDMENTS - EXPENDITURES $ 306,000 $ 265,000 $ 571,000 $ 306,000 $ 265,000 $ 571,000 $ 360,000 $ 90,000 $ 450,000 $ 360,000 $ 90,000 $ 450,000 $ $ 400,000 $ 400,000 $ $ 400,000 $ 400,000 $ $ 500,000 $ 500,000 $ $ 500,000 $ 500,000 $ 14,395,991 $ (400,000) $ 13,995,991 $ 14,395,991 $ (400,000) $ 13,995,991 $ 855,000 CITY OF AVENTURA AVENTURA CHARTER HIGH SCHOOL CONSTRUCTION FUND 393 FY 2019/20 BUDGET AMENDMENT REVENUES OBJECT 2019/20 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Miscellaneous Revenues 3811001 Transfer from General Fund Reserves $ $ 400,000 $ 400,000 3611000 Interest 203,000 203,000 Total Revenue $ $ 603,000 $ 603,000 TOTAL AMENDMENTS - REVENUE $ 603,000 EXPENDITURES OBJECT 2019/20 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET CAPITAL OUTLAY CONTRACTUAL SERVICES Charter School/Capital Outlay - 6010-561 6208 Facility/Building Construction Total Expenditures TOTAL AMENDMENTS - EXPENDITURES $ 797,527 $ 603,000 $ 1,400,527 $ 797,527 $ 603,000 $ 1,400,527 $ 603,000 CITY OF AVENTURA STORMWATER UTILITY FUND FY 2019/20 BUDGET AMENDMENT REVENUES OBJECT 2019/20 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Intergovernmental Revenues 3343606 FDEP $ $ 252,000 $ 252,000 Total Revenue $ $ 252,000 $ 252,000 TOTAL AMENDMENTS - REVENUE $ 252,000 EXPENDITURES OBJECT 2019/20 2019/20 2019120 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET CAPITAL OUTLAY Public Works/Transportation - 5401-538 6306 Drainage Improvements $ 323,739 $ 252,000 $ 575,739 Total Expenditures $ 323,739 $ 252,000 $ 575,739 TOTAL AMENDMENTS - EXPENDITURES $ 252,000 CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2019/20 BUDGET AMENDMENT REVENUES OBJECT 2019/20 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET Charges for Services 3421100 Police Detail Billing $ 475,000 $ 50,000 $ 525,000 Total Revenue $ 475,000 $ 50,000 $ 525,000 TOTAL AMENDMENTS - REVENUE $ 50,000 EXPENDITURES OBJECT 2019/20 2019/20 2019/20 CODE ADOPTED AMENDED REVISED NO. CATEGORY RECAP AMOUNT AMOUNT BUDGET PERSONAL SERVICES Public Safety 1420 Extra Duty Detail $ 475,000 $ 50,000 $ 525,000 Total Expenditures $ 475,000 $ 50,000 $ 525,000 TOTAL AMENDMENTS - EXPENDITURES $ 50,000