11-02-2021 Regular Commission Meeting Agenda City Manager
City ConHnission Ronald J.Wasson
Enid Weisman,Mayor
Dr.Linda Marks,Vice Mayor ..�- City Clerk
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Jonathan Evans,Commissioner Ellisa L.Horvath,MMC
Rachel S.]Friedland,Commissioner
Denise Landman,Corrunissioner City Attorney
Marc Narotsky,Commissioner C, Weiss Scrota Helfman
Robert Shelley,Commissioner e � p�Q�� Cole&Bierman
CITY COMMISSION
REGULAR MEETING AGENDA
NOVEMBER 2, 2021
Following 6:00 p.m. Local Planning Agency Meeting
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ELECTION OF VICE MAYOR
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS:
• Employee Service Awards
• Presentation of Proclamation
• Aventura City of Excellence School Update
• Don Soffer Aventura High School Update
6. CO N S E N T AG E N 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:
• October 5, 2021 City Commission Regular Meeting
• October 21, 2021 City Commission Special Meeting
• October 21, 2021 City Commission Regular Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE REAPPOINTMENT OF MEMBERS TO THE DON
SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR
TERM; AND PROVIDING FOR AN EFFECTIVE DATE.
Aventura City Commission Regular Meeting Agenda
November 2, 2021
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE CITY OF AVENTURA 2022 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.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AN ALLOCATION OF $18,525,074.00 IN CORONAVIRUS
STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S.DEPARTMENT
OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT; APPROVING AN
AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY
FUND AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF
EMERGENCY MANAGEMENT; PROVIDING FOR AUTHORIZATION;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
7. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that
the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon the item,please
inform the Mayor when she requests public comments. An opportunity for persons to speak on the item will be made available
after the applicant and staff have made their presentations on the 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.
ORDINANCE - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR A 2.30+/- ACRE PARCEL OF LAND LOCATED
NORTH OF NE 214 STREET BETWEEN BISCAYNE BOULEVARD AND NE 29M
COURT, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL
OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES - FIRST READING/PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY
RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND
TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT
BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO
CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO
EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE
POLICE DEPARTMENT;AMENDING SECTION 36-35,DEFERRED RETIREMENT
OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda
November 2, 2021
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE
2020/2021 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. ORDINANCES — SECOND READING/PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND
TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE
COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36-
22 "DEFINITIONS"; BY AMENDING 36-27 `BUY-BACK FOR MILITARY
SERVICE" TO EXPAND BUY-BACK OF SERVICE CREDITS TO INCLUDE LAW
ENFORCEMENT AND CORRECTIONAL OFFICER SERVICE; PROVIDING FOR
REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE.
10. RESOLUTIONS/PUBLIC HEARINGS: None.
11. REPORTS
12. PUBLIC COMMENTS
13. OTHER BUSINESS: None.
14. ADJOURNMENT
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 at the City of Aventura Government Center(19200 West Country Club Drive,
Aventura).
COMMISSION REGULAR WORKSHOP—NOVEMBER 4,2021 AT 9 AM
COMMISSION REGULAR MEETING—JANUARY 4,2022 AT 6 PM
COMMISSION REGULAR WORKSHOP—JANUARY 20,2022 AT 9 AM
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 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: October 29, 2021
SUBJECT: Approval of Minutes
November 2, 2021 City Commission Meeting Agenda Item 6A
RECOMMENDATION
It is recommended that the City Commission approve the attached minutes, as provided
by the City Clerk, for the Commission meetings held in October.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• October 5, 2021 City Commission Regular Meeting
• October 21, 2021 City Commission Special Meeting
• October 21, 2021 City Commission Regular Workshop Meeting
Should you have any questions, please contact me.
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
OCTOBER 5, 2021
6:00 P.M.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6.00 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner
Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky,
Commissioner Robert Shelley', City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues,
presented Officer Jason Williams (20 years), Sergeant Nelson Reyes (10 years), and 911
Manager Michael Fernandez (10 years), with recognition certificates and tokens of
appreciation for the completion of milestone years of service with the City. Officer Emilio
Perez (20 years), who was not in attendance, was also recognized.
• Youth Advisory Board Certificates of Appointment: Mayor Weisman,
accompanied by the City Commissioners, presented the 2021/2022 members and
alternates with their certificates of appointment.
• Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala
provided a brief report on ACES.
• Don Soffer Aventura High School Update: Principal Dr. Geoff McKee,
accompanied by teacher Ian Combrinck-Graham and students Jade Stein and Megan
Shein, provided a brief report on DSAHS.
' Participated via virtual communications media technology and left the meeting during Item 8B.
Aventura City Commission Regular Meeting Minutes
October 5, 2021
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Mayor Weisman requested the removal of Items 5D and 5E.
A motion to approve the remaining items on the Consent Agenda was offered by
Commissioner Landman, seconded by Commissioner Shelley, and passed unanimously
by roll call vote. The following action was taken:
A. Minutes approved as follows:
• September 2, 2021 City Commission Regular Meeting
• September 13, 2021 City Commission First Budget Hearing
• September 23, 2021 City Commission Special Meeting
• September 23, 2021 City Commission Regular Workshop Meeting
• September 23, 2021 City Commission Second Budget Hearing
B. Motion approved as follows:
MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF BARBARA
BUXTON, ESQ. AND DANIEL NAIM AS SPECIAL MASTERS FOR THE CITY OF
AVENTURA CODE ENFORCEMENT PROCESS.
C. Resolution No. 2021-55 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. Removed for discussion:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,SELECTING THE FIRMS OF SEPI ENGINEERING&CONSTRUCTION,
INC. AND THE CORRADINO GROUP TO PROVIDE PROFESSIONAL SERVICES
RELATIVE TO RFP NO. 21-09-07-3, PLANNING CONSULTANT SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES
FOR SAID SERVICES WITH EACH FIRM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Removed for discussion:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE
COUNTY FOR THE CONTRIBUTION OF FUNDS PROVIDED TO THE CITY BY
AVENTURA MALL VENTURE AND SERITAGE SRC FINANCE, LLC TO
Page 2 of 7
Aventura City Commission Regular Meeting Minutes
October 5, 2021
FACILITATE CONSTRUCTION OF A PEDESTRIAN BRIDGE CONNECTING
AVENTURA MALL TO THE PROPOSED BRIGHTLINE PASSENGER RAIL
STATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Motion approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $80,000.00 FOR
POLICE EQUIPMENT FROM THE POLICE FEDERAL FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
Item 5D: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,SELECTING THE FIRMS OF SEPI ENGINEERING&CONSTRUCTION,
INC. AND THE CORRADINO GROUP TO PROVIDE PROFESSIONAL SERVICES
RELATIVE TO RFP NO. 21-09-07-3, PLANNING CONSULTANT SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES
FOR SAID SERVICES WITH EACH FIRM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Friedland and
seconded by Commissioner Evans.
Mr. Wasson explained the request for proposals process for planning services as needed
for the Community Development Department.
The Commission provided comments.
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 Resolution passed unanimously, by roll call vote, and
Resolution No. 2021-56 was adopted.
Item 5E: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE
COUNTY FOR THE CONTRIBUTION OF FUNDS PROVIDED TO THE CITY BY
AVENTURA MALL VENTURE AND SERITAGE SRC FINANCE, LLC TO
FACILITATE CONSTRUCTION OF A PEDESTRIAN BRIDGE CONNECTING
AVENTURA MALL TO THE PROPOSED BRIGHTLINE PASSENGER RAIL
STATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Friedland and
seconded by Commissioner Shelley.
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Aventura City Commission Regular Meeting Minutes
October 5, 2021
Mr. Wasson reviewed the details of the agreement for a pedestrian access bridge
connecting the Brightline station to Aventura, with the money to be used solely for the
construction of the east side of the bridge.
The Commission provided comments on the process and importance of the project.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Paul Kruss (2600 Island Blvd.
#702, Aventura).
There being no additional comments, Mayor Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2021-57 was adopted.
6. ORDINANCE - FIRST READING/PUBLIC HEARINGS: Mrs. Horvath 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," IN ACCORDANCE WITH CHANGES CONTAINED IN A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE DADE
COUNTY POLICE BENEVOLENT ASSOCIATION; BY AMENDING SECTION 36-
22 "DEFINITIONS"; BY AMENDING 36-27 "BUY-BACK FOR MILITARY
SERVICE" TO EXPAND BUY-BACK OF SERVICE CREDITS TO INCLUDE LAW
ENFORCEMENT AND CORRECTIONAL OFFICER SERVICE; PROVIDING FOR
REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Shelley and
seconded by Vice Mayor Dr. Marks.
Mr. Wasson explained the Ordinance.
The Commission provided positive comments.
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, by roll call vote.
7. ORDINANCE - SECOND READING/PUBLIC HEARING: Mrs. Horvath read the
following Ordinance title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE
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Aventura City Commission Regular Meeting Minutes
October 5, 2021
MAP DESIGNATION FOR A 10.5 ACRE PARCEL OF LAND LOCATED AT 20801
AND 20803 BISCAYNE BOULEVARD (WESTERN PARCEL)AND 20807 BISCAYNE
BOULEVARD (EASTERN PARCEL)AND 20805 BISCAYNE BOULEVARD (HOTEL
PARCEL),FROM BUSINESS AND OFFICE TO TOWN CENTER; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COMPREHENSIVE PLAN;AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Friedland.
Community Development Director Keven Klopp incorporated the staff report, comments
and documents provided at the September 23, 2021 Local Planning Agency Meeting and
City Commission Special Meeting into the record by reference.
The Commission provided comments on traffic, population, discussion at workshop, and
receiving things for the City.
Mr. Meyers noted that the firm was looking into impact fees that could be used and the
results would be provided in a future report.
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, by roll call vote, and
Ordinance No. 2021-18 was adopted.
8. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers
reviewed the quasi-judicial procedures for Items 8A and 813.
Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 8A
and 813.
ORDINANCES - SECOND READING:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FROM OP, OFFICE PARK DISTRICT TO TC4, TOWN
CENTER OFFICE PARK FOR A 10.5 ACRE PARCEL OF LAND LOCATED AT 20801
AND 20803 BISCAYNE BOULEVARD (WESTERN PARCEL) AND 20807 BISCAYNE
BOULEVARD (EASTERN PARCEL)AND 20805 BISCAYNE BLVD (HOTEL PARCEL);
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 Landman and
seconded by Commissioner Evans.
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Aventura City Commission Regular Meeting Minutes
October 5, 2021
Community Development Director Keven Klopp incorporated the staff report, testimony
and documents provided at the September 23, 2021 Local Planning Agency Meeting and
City Commission Special Meeting into the record by reference.
No comments were provided on behalf of the Applicant.
The motion for approval of the Ordinance passed unanimously, by roll call vote, and
Ordinance No. 2021-19 was adopted.
Mrs. Horvath read the following Ordinance title-
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE
ZONING DESIGNATION FOR A 2.30+/-ACRE PARCEL OF LAND LOCATED NORTH
OF NE 214 STREET BETWEEN BISCAYNE BOULEVARD AND NE 29TH COURT,
FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wasson requested that the item be continued, in order to work on additional items
with the City.
A motion to continue the item to November 2, 2021 at 6:00 p.m. was offered by
Commissioner Friedland, seconded by Commissioner Evans, and passed unanimously,
by roll call vote.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS:
Commissioner Evans thanked the members of the City Commission for their personal
contributions to the FIU Bay Vista Campus to assist those students needing food.
Commissioner Narotsky acknowledged the numerous emails received regarding
upcoming construction projects and his intention to respond to them.
Vice Mayor Dr. Marks applauded those who volunteered for the City, especially during
the COVID-19 pandemic, and requested that a recognition event be scheduled for them.
A motion approving a recognition event for the City of Aventura volunteers was offered
by Vice Mayor Dr. Marks, seconded by Commissioner Friedland, and passed
unanimously by roll call vote.
11. PUBLIC COMMENTS: The following members of the public provided comments:
Marjorie Rosenblatt (Aventura), Ethan Bazak (Aventura), Andrei Barysevich (3131 N.E.
188t" Street, Aventura), and Anthony Tedesco (Mystic Pointe, Tower 200, Aventura).
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Aventura City Commission Regular Meeting Minutes
October 5, 2021
Mayor Weisman presented a Youth Advisory Board Certificate of Appointment to Carolina
Wesley.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Evans, seconded by Vice
Mayor Dr. Marks, and unanimously approved; thus, adjourning the meeting at 7:18 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 2, 2021.
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AVENTURA CITY COMMISSION
SPECIAL MEETING MINUTES
OCTOBER 21, 2021
9:00 a.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 9:00 a.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner
Rachel S. Friedland, Commissioner Denise Landman, 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.
Mayor Weisman recognized Alan Kluger, Esq. - Kluger, Kaplan, Silverman, Katzen &
Levine, P.L.'
Mr. Kluger requested that an attorney-client session be scheduled by Mr. Wasson
regarding the pending litigation (City of Aventura v. School Board of Miami-Dade County).
Mr. Wasson will contact the City Commission to schedule the session.
2. RESOLUTION: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A COMMUNICATIONS CONSULTING SERVICES
AGREEMENT BETWEEN PUBLIC COMMUNICATORS GROUP, LLC AND THE
CITY OF AVENTURA, PROVIDING FOR THE PROVISION OF PROFESSIONAL
COMMUNICATION CONSULTING SERVICES FOR THE CITY OF AVENTURA;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Shelley and
seconded by Commissioner Friedland.
Mr. Wasson reviewed the item, which he presented as his plan to address the
communications issues raised by the Commission and recommended approval.
Vice Mayor Dr. Marks disclosed that she called Mr. Ross several times during her
campaign to ask him questions.
' Participated via virtual communications media technology.
Aventura City Commission Special Meeting Minutes
October 21, 2021
The Commission discussed the item including the specific responsibilities as outlined in
the agreement versus that of City staff, whether or not the expansion of services was
necessary through the hiring of a consultant, the ability to proceed without a bidding
process, Mr. Ross' credentials, improving communication efforts with the community, and
developing a relationship with the press.
Commissioner Narotsky strongly opposed the item.
Mr. Wolpin reviewed the City Charter and explained the requirement of five affirmative
votes to approve the item.
Mayor Weisman opened the item for public comment.
The following members of the public provided comments: Michael Stern (20730 N.E. 30
Place, Aventura) and Marjorie Rosenblatt (19101 Mystic Pointe Drive #2301, Aventura).
There being no additional comments, Mayor Weisman closed the item for public input.
The motion for approval of the Resolution passed (6-1) by roll call vote, with
Commissioner Narotsky voting no, and Resolution No. 2021-58 was adopted.
3. 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 9:33
a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 2, 2021.
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AVENTURA CITY COMMISSION
REGULAR WORKSHOP MEETING MINUTES
OCTOBER 21, 2021
Following 9:00 a.m. City Commission Special Meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman
at 9:33 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda
Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland,
Commissioner Denise Landman, 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.
2. Presentation: Proposal to Amend Current Existing Arrangements with Clear
Channel Outdoor (City Manager): Mr. Wasson explained the request from Clear
Channel Outdoor to amend their current agreement with the City, due to the required
removal of an existing billboard structure as a result of the Brightline project and
subsequent pedestrian bridge. He reviewed the proposal to replace the structure they
need to move by placing it at one of their old locations in the City, as well as the new
annual fee.
City Manager Summary: It was the consensus of the City Commission to proceed
with placing a resolution for the proposed amendment on the Commission Meeting
Agenda.
3. Update: Community Services Department (City Manager): Mr. Wasson
introduced Community Services Director Kimberly Merchant, who reviewed the specific
plan for the 26th Annual Founders Day scheduled for November 7th, including the news
release, flyer, activities & attractions, community stage, layout map, marketing plan, and
transportation & parking plan.
The Commission discussed the possibility of providing COVID-19 testing and/or
vaccinations on site, which Mr. Wasson will look into.
City Manager Summary: This item was provided for informational purposes.
4. Discussion: Impact Fees (City Manager): Mr. Wasson reviewed the information
on the current impact fees, as provided in the agenda.
Aventura City Commission
Regular Workshop Meeting Minutes—October 21, 2021
The Commission discussed the current fees, the school impact fee that goes to the Miami-
Dade County school district and is not currently shared with the City, and developers
improving the roadways as part of their development approval.
Mr. Wolpin reviewed the State law on development impact to the City.
Mr. Wasson will provide a report on the prior letter of credit discussed and a cost estimate
to determine if the amount of the credit will cover the amount of roadway work to be done.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to compare the current impact fees with neighboring municipalities, communicate
with the County on the amount of the school fees imposed, and to look at the legality with
the City Attorney on providing a mechanism to impose a certain amount for roadway
improvements as part of the City approval process, as well as the addition of other allowed
fees.
5. Discussion: Weekend Construction (City Manager): Mr. Wasson reviewed a
request to discuss the possibility of not allowing construction work on Saturdays.
Commissioner Narotsky suggested that construction work in the City be limited to
Mondays through Fridays, due to issues with noise.
The Commission discussed reviewing approval on a case by case basis based on the
proximity to residential areas, the elimination of work on Saturdays resulting in increased
construction time to finish projects, buildings having their own restrictions, and the
possible restriction on heavy exterior construction.
Mr. Wasson and Mr. Wolpin reviewed the current City Code.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to provide the Commission with a plan at the November workshop outlining a
hybrid solution with options to consider.
6. Discussion: City's Legislative Programs and Priorities for Upcoming
Session (City Manager): Mr. Wasson reviewed the proposed Legislative Program and
Priorities for 2022.
The Commission discussed the items as listed on the Program and Priorities, as well as
the addition of an item pertaining to no-fault insurance and safer driving efforts.
Mr. Wasson will invite the City's lobbyist, Ronald Book, to attend a meeting for review of
the items with him.
City Manager Summary: It was the consensus of the City Commission to proceed
with a resolution for the items as discussed and presented, with the addition of an item
requesting the Florida Legislature to study the elimination of the automobile no-fault law,
as a means of enhancing safer driving.
Page 2 of 4
Aventura City Commission
Regular Workshop Meeting Minutes—October 21, 2021
7. Membership: Mr. Wasson reviewed the following in order:
a. Aventura Arts & Cultural Center Advisory Board (City Manager): Mr.
Wasson discussed the three vacancies on the Board.
City Manager Summary: It was the consensus of the City Commission for
Mr. Wasson to advertise for the three vacancies.
b. Don Soffer Aventura High School Advisory Board (City Manager): Mr.
Wasson reviewed the applications received and recommended that the current three
members be reappointed to serve another two-year term.
City Manager Summary: It was the consensus of the City Commission to
place a resolution on the November Commission Meeting Agenda reappointing Patrick
Brown, Jorge Garcia, and Dana Marin to the DSAHS Advisory Board for another two-year
term.
c. Don Soffer Aventura High School Foundation, Inc. (City Manager): Mr.
Wasson discussed the four vacancies on the Board and the amount of member turnovers
on the Board, and requested direction from the Commission.
The Commission discussed putting the Foundation on hold and readdressing it next year,
having a freestanding Foundation that doesn't report to the Commission, reviewing the
by-laws for possible modifications, speaking to the current members about their thoughts
regarding the Foundation, and speaking with the Principal regarding his relationship with
the Foundation.
City Manager Summary: It was the consensus of the City Commission for
Mr. Wasson to meet separately with the DSAHS Principal, as well as the current
Foundation members, and to come back to the Commission with the results of those
conversations.
8. Discussion: 2022 Proposed Commission Meeting Schedule (City Manager):
Mr. Wasson reviewed the proposed dates for the 2022 City Commission meetings.
City Manager Summary: It was the consensus of the City Commission to accept
the City Commission meeting schedule with the following changes: move the March 24t"
workshop to March 15t", move the May 3rd meeting to May 10t", move the June 7t" meeting
to June 14t", move the July 28t" workshop to July 21st, and move the November 17t"
workshop to November 3rd
9. City Clerk Annual Review: The Commission discussed the City Clerk's
performance during the past year.
City Manager Summary: It was the consensus of the City Commission to provide
Mrs. Horvath with a 5% salary adjustment and an annual performance bonus of either
$7,500 or the amount from the formula discussed, whichever is the maximum of those
two figures.
Page 3 of 4
Aventura City Commission
Regular Workshop Meeting Minutes—October 21, 2021
The following additional items were discussed:
Mr. Wasson will provide an update on the Miami-Dade County School Board's school
mask policy once it has been decided.
Mr. Wasson provided an update on the pickleball court.
Mayor Weisman allowed for public comment from the following: Jonathan Hodorov
(Aventura resident).
10. Adiournment: There being no further business to come before the Commission,
the meeting was adjourned by consensus at 11:13 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 2, 2021.
Page 4 of 4
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: October 29, 2021
SUBJECT: Resolution Approving the Reappointment of Members to the Don
Soffer Aventura High School Advisory Board for a Two-Year Term
November 2, 2021 City Commission Meeting Agenda Item 6B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving the
reappointment of the following individuals to serve as voting members of the Don Soffer
Aventura High School Advisory Board for a two-year term:
Patrick Brown
Jorge L. Garcia
Dana Newman Marin
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO2023-21
CITY OF AVENTURA RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE REAPPOINTMENT OF
MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL
ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of
the Don Soffer Aventura High School Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Don Soffer Aventura High School Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the reappointment by the
Mayor of the following individuals to serve as voting members of the Don Soffer
Aventura High School Advisory Board for a two-year term:
Patrick Brown
Jorge L. Garcia
Dana Newman Marin
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 Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2021-
PASSED AND ADOPTED this 2nd day of November, 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: October 29, 2021
SUBJECT: Resolution Approving Legislative Program and Priorities for 2022
November 2, 2021 City Commission Meeting Agenda Item 6C
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving the
Legislative Program and Priorities for 2022. The document includes items discussed at
the October Workshop Meeting, including requesting the Florida Legislature to study the
elimination of the automobile no-fault law as a means of enhancing safer driving.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO2024-21
CITY OF AVENTURA RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2022
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 2022 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
Commissioner 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
Commissioner Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2021-
PASSED AND ADOPTED this 2nd day of November, 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
� r
Oil Icve
� r � r
Of EXCe
2022
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 PROGRAM AND PRIORITIES
2022
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 2022 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. Support the allowance of the Florida Department of Education to sponsor charter
schools.
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.
17. Requesting the Florida Legislature to study the elimination of the automobile no-
fault law as a means of enhancing safer driving.
The City of Aventura will seek state financial assistance for the following projects:
1. Installation of new seawall for flood mitigation and sea level rise on N.E. 213t" Street
($500,000).
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: October 29, 2021
SUBJECT: American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement
November 2, 2021 City Commission Meeting Agenda Item 61)
RECOMMENDATION
It is recommended that the City Commission approve the attached American Rescue Plan
Act Coronavirus Local Fiscal Recovery Fund Agreement, which is between the State of
Florida, Division of Emergency Management and the City of Aventura. This Agreement
will allow access to federal funding in the amount of $18,525,074.00 to be used for
predetermined and allowable uses.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO2025-21
CITY OF AVENTURA RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AN ALLOCATION OF
$18,525,074.00 IN CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY
UNDER THE AMERICAN RESCUE PLAN ACT; APPROVING AN
AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL
RECOVERY FUND AGREEMENT WITH THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to facilitate the ongoing recovery from the COVID-19
pandemic, Congress adopted the American Rescue Plan Act of 2021 (the "ARPA"),
which created the Coronavirus Local Fiscal Recovery Fund for the purpose of providing
funds to local governments (the "Fiscal Recovery Funds"); and
WHEREAS, the ARPA allocated a portion of the Fiscal Recovery Funds to be
paid to the State of Florida for distribution to non-entitlement units of local government,
such as the City of Aventura (the "City"); and
WHEREAS, the State of Florida, Division of Emergency Management (the
"Division") received a portion of the Fiscal Recovery Funds from the U.S. Department of
Treasury (the "Treasury") and is responsible for disbursing to the City its allocation of
$18,525,074.00 (the "Allocation"); and
WHEREAS, the City Commission desires to accept the Allocation, including each
installment of Fiscal Recovery Funds provided by the Treasury; approve the American
Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement with the Division
attached hereto as Exhibit "A" ("the Agreement"); and authorize the City Manager to
execute any required or related agreements, amendments, or documents which are
required to implement the purposes of this Resolution and the Agreement; and
WHEREAS, the City Commission finds that this Resolution, the Allocation, and
the Agreement are in the best interest and welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and
confirmed as being true and correct and are made a specific part of this Resolution.
City of Aventura Resolution No. 2021-_
Section 2. Allocation Accepted. That the City Commission hereby accepts
the Allocation as awarded by the Treasury, including each installment of Funds provided
by the Treasury, as provided for by the Agreement.
Section 3. Approval. That the City Commission hereby approves the
Agreement, in substantially the form attached hereto as Exhibit "A."
Section 4. Authorization. That the City Manager is hereby authorized to
execute the Agreement, in substantially the form attached hereto as Exhibit "A," and any
required or related agreements, amendments, or documents which are required to
implement the purposes of this Resolution and the Agreement, subject to the approval
of the City Attorney as to form, content, and legal sufficiency.
Section 5. Implementation. That the City Manager is hereby authorized to
take all actions necessary to implement the purposes of this Resolution.
Section 6. Effective Date. That this Resolution shall be effective immediately
upon adoption.
The foregoing Resolution was offered by Commissioner who moved
its adoption. The motion was seconded by Commissioner and upon being
put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 2nd day of November, 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 Number: Y5012
Unique Identifier Code: FLOW 3
AMERICAN RESCUE PLAN ACT
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT
This Agreement is entered into by and between the State of Florida, Division of Emergency Management (the
"Division")and Aventura, City of(the "Non-Entitlement Unit" or"Recipient").
RECITALS
A. Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, §9901) added section 603(a) to the
Social Security Act ("ARPA"), which created the Coronavirus Local Fiscal Recovery Fund for the purpose of
providing funds to local governments in order to facilitate the ongoing recovery from the COVID-19 pandemic
("Fiscal Recovery Funds"); and
B. Following the enactment of ARPA,the U.S. Department of the Treasury("Treasury"or"Secretary")released formal
and informal guidance regarding implementation of ARPA, including the disbursement and expenditure of Fiscal
Recovery Funds, including Treasury Interim Final Rule, 31 CFR pt. 35, 2021, attending rule guidance published
in the Federal Register, Volume 86, No 93,1, and informal guidance made publicly available by Treasury, which
may be amended, superseded, or replaced during the term of this Agreement ("Treasury Guidance"); and
C. ARPA allocated $7,105,927,713.00 for making payments to metropolitan cities, non-entitlement units of local
government, and counties in Florida, 21% of which is to be paid directly to metropolitan cities in Florida, 59% of
which was paid directly to counties in Florida, and 20%of which is to be paid to the State of Florida for distribution
to non-entitlement units of local government; and
D. The Secretary disbursed $5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
E. A remaining balance of$1,416,425,123.00 was reserved for the State of Florida to disburse to non-entitlement
units of local government; and
F. The Division has received these funds from the Secretary through the State of Florida in accordance with the
provisions of ARPA; and
G. Pursuant to the provisions of ARPA, the Division is the state entity responsible for disbursing the funds to the
Recipient under this Agreement; and
H. The Recipient is fully qualified and eligible to receive this funding in accordance with ARPA for the purposes
identified therein.
Therefore, in consideration of the mutual promises, terms and conditions contained herein, the Division and the Recipient
agree as follows:
(1) RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference.
(2) TERM. This Agreement shall be effective upon execution and shall end on December 31, 2024, unless terminated
earlier in accordance with the provisions of this Agreement. Upon expiration or termination of this Agreement for any
reason, the obligations which by their nature are intended to survive expiration or termination of this Agreement will
survive.
(3) FUNDING. The State of Florida, through the Division, will make a disbursement of each non-entitlement unit of local
government's allocation based on the list of non-entitlement units published by Treasury and based upon the State's
calculation of the Recipient's proportional share of the total population of all non-entitlement units in the State. The
total Fiscal Recovery Funds allocation for Recipient under this Agreement is $18,525,074.00.
(4) USE OF FISCAL RECOVERY FUNDS
a. The State, through the Division, will—within 30 days of receiving payment from the Secretary, or within such
other time period as may be permitted by the Secretary—make an initial disbursement to the non-entitlement
httgs:�/www.requlations.govldocument/TREAS-DO-2021-0008-0002 Federal Register, Vol. 86, No. 93, Pg. 26786
("Federal Register")
1
unit of local government of 50% of the total amount allocated to the non-entitlement unit.2 Not earlier than 12
months from the date upon which the State makes the initial disbursement, the Secretary is expected to
release the Second Tranche amount to the State. The State will—within 30 days of receiving payment from
the Secretary, or within such other time period as may be permitted by the Secretary—make a second
disbursement to the non-entitlement unit of local government.
b. Recipients may use payments for any expenses eligible under ARPA Coronavirus State and Local Fiscal
Recovery Funds. Payments are not required to be used as the source of funding of last resort.
c. ARPA requires that Fiscal Recovery Funds may only be used to cover expenses incurred by the non-
entitlement unit of local government by December 31, 20243, such as:
i. to respond to the public health emergency with respect to COVID-19 or its negative economic impacts,
including assistance to households, small businesses, and nonprofits, or aid to impacted industries
such as tourism, travel, and hospitality;
ii. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the non-entitlement unit of local government that are
performing such essential work,or by providing grants to eligible employers that have eligible workers
who perform essential work;
iii. for the provision of government services to the extent of the reduction in revenue of such non-
entitlement unit of local government due to the COVID-19 public health emergency relative to
revenues collected in the most recent full fiscal year of the non-entitlement unit of local government;
or
iv. to make necessary investments in water, sewer, or broadband infrastructure.
d. As specified in the Treasury Guidance, Eligible Use of Fiscal Recovery Funds falls under four categories,
including (1)Public Health and Economic Impacts, (2)Premium Pay for Essential Workers, (3)Revenue Loss,
and (4) Investments in Infrastructure.
i. Public Health and Economic Impacts: Examples of eligible uses of Fiscal Recovery Funds under this
category include, but are not limited to:
1. COVID-19 Mitigation and Prevention expenses,such as vaccination programs, medical care,
testing, personal protective equipment (PPE), and ventilation improvements;4
2. Medical expenses, including both current expenses and future medical services for
individuals experiencing prolonged symptoms and health complications from COVID-19;5
3. Payroll expenses for public safety, public health, health care, human services, and other
similar employees, to the extent that their services are devoted to mitigating or responding to
COVID-19;6
4. Efforts to remedy the economic impact of the COVID-19 public health emergency on
households, individuals, businesses, and state, local, and tribal governments;' and
5. Efforts to remedy pre-existing economic disparities which were exacerbated by the COVID-
19 public health emergency.$
ii. Premium Pay: Fiscal Recovery Funds may also be used to provide premium pay to essential workers,
per Treasury Guidance's definition of"essential work."9 Examples of essential workers include, but
are not limited to:
1. Staff at nursing homes, hospitals, and home care settings;
2. Workers at farms, food production facilities, grocery stores, and restaurants;
3. Janitors, truck drivers, transit staff, and warehouse workers
4. Public health and safety staff;
5. Childcare workers, educators, and other school staff; and
2 "First Tranche Amount,"American Rescue Plan Act of 2021, H.R. s. 601(b)(7)"Timing"
3 https:Hhome.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-
Gove rn ments.pdf
4 See Federal Register, pg. 26790.
5 Id.
6 Id. at. 26791
Id at 26791-26797
8 Id.
9 Id. at 26797
2
6. Social service and human services staff.10
iii. Revenue Loss: Recipients may use Fiscal Recovery Funds for the provision of government services
to the extent of the reduction in revenue experienced due to the COVID-19 Public Health
Emergency."
iv. Investments in Infrastructure: Treasury Guidance specifies that Fiscal Recovery Funds may be used
to improve access to clean drinking water, improve wastewater and stormwater infrastructure
systems, and provide access to high-quality broadband services.12
e. Additional guidance regarding eligible uses of Fiscal Recovery Funds,as well as impermissible uses(including
for pensions or to offset revenue losses from tax reductions) is set forth in Treasury Guidance.
(5) LAWS, RULES, REGULATIONS, AND POLICIES
a. Performance under this Agreement is subject to the applicable provisions of 2 CFR Part 200,
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards" including the cost principles and restrictions on general provisions for selected
items of cost.
i. The following 2 CFR policy requirements apply to this assistance listingl3:
• Subpart B, General provisions;
• Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards;
• Subpart D, Post Federal; Award Requirements;
• Subpart E, Cost Principles; and
• Subpart F, Audit Requirements.
ii. The following 2 CFR policy requirements also apply to this assistance listing: 2 C.F.R.
Part 25, Universal Identifier and System for Award Management; 2 C.F.R. Part 170,
Reporting Subaward and Executive Compensation Information; and 2 C.F.R. Part 180,
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-
procurement). The following 2 CFR Policy requirements are excluded from coverage
under this assistance listing: For 2 C.F.R. Part 200, Subpart C; 2 C.F.R. § 200.204
(Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency
review of merit of proposal); 2 C.F.R. § 200.210 (Pre-award costs);and 2 C.F.R. §
200.213 (Reporting a determination that a non-Federal entity is not qualified for a
Federal award). For 2 C.F.R. Part 200, Subpart D, the following provisions do not apply
to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2
C.F.R. §200.309 (modifications to period of performance); C.F.R. §200.305 (b)(8)and
(9) (Federal Payment).
b. In addition to the foregoing,the Recipient and the Division will be governed by all applicable State and Federal
laws, rules and regulations, including those identified in Attachment C. Any express reference in this
Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
(6) NOTICES
a. All notices under this Agreement shall be made in writing to the individuals designated in this paragraph. In
the event that different representatives or addresses are designated by either party after execution of this
Agreement, notice of the new name, title and contact information of the new representative will be promptly
provided to the other party, and no modification to this Agreement is required.
b. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager will be responsible
for enforcing performance of this Agreement's terms and conditions and will serve as the Division's liaison
10 Id.
11 Id. at 26799
12 Id. at 26802
13 As defined in 2 C.F.R. §200.1
3
with the Recipient. As part of his/her duties, the Program Manager for the Division will monitor and document
Recipient performance.
c. The Division's Program Manager for this Agreement is:
Erin White
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4458
Email: Erin.White@em.myflorida.com
d. The name and address of the representative responsible for the administration of this Agreement is:
Melissa Shirah
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4455
Email: Melissa.Shirah@em.myflorida.com
e. The contact information of the representative of the Recipient is:
Authorized Representative: Ronald Wasson
Title: City Manager
Address: 19200 West County Club Drive
Telephone: 3054668910
Email: rwasson@cityofaventura.com
(7) PAYMENT
a. In order to obtain funding under this Agreement, the Recipient must file with the Division Program Manager
information and documentation, including but not limited to the following:
i. Local government name, Entity's Taxpayer Identification Number, DUNS number, and address;
ii. Authorized representative name, title, and email;
iii. Contact person name, title, phone, and email;
iv. Financial institution information (e.g., routing and account number, financial institution name and
contact information);
v. Total NEU budget (defined as the annual total operating budget, including general fund and other
funds, in effect as of January 27, 2020)or top-line expenditure total (in exceptional cases in which the
NEU does not adopt a formal budget);
vi. Signed Assurances of Compliance with Title VI of the Civil Rights Act of 1964. (Attachment D); and
vii. Signed Award Terms and Conditions Agreement (Attachment E).
b. Payment requests must include a certification, signed by an official who is authorized to legally bind the
Recipient, which reads as follows:
By signing this report, I certify to the best of my knowledge and belief that the report is true,
complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am
aware that any false, fictitious, or fraudulent information, or the omission of any material fact,
may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801-3812).
4
(8) RECORDS
a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c)and
215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida
Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,
financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order
to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such
documents. For the purposes of this section, the term"Recipient" includes employees or agents, including all
subcontractors or consultants to be paid from funds provided under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the
appropriate retention schedule published by the Florida Department of State. Information regarding retention
schedules can be obtained at: http://dos.myflorida.com/library-archives/records-management/general-
records-schedules/.
c. Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of Florida
with a right of access to governmental proceedings and mandates three, basic requirements: (1)all meetings
of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be
given; and (3) minutes of the meetings must be taken and promptly recorded.
d. Florida's Public Records Law provides a right of access to the records of the state and local governments as
well as to private entities acting on their behalf. Unless specifically exempted from disclosure by Florida
Statute, all materials made or received by a governmental agency (or a private entity acting on behalf of such
an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize
knowledge qualify as public records subject to public inspection.
IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(9) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient must follow
Generally Accepted Accounting Principles ("GAAP"). As defined by 2 CFR §200.49, "GAAP has the meaning
specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB).
b. When conducting an audit of the Recipient's performance under this Agreement, the Division must use
Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 CFR §200.50, "GAGAS,
also known as the Yellow Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits.
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions
of and strict compliance with this Agreement and with Section 603(c)of the Social Security Act, the Recipient
will be held liable for reimbursement to the Secretary of all funds used in violation of these applicable
regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of
such non-compliance.
d. The Recipient must have all audits completed by an independent auditor, which is defined in section
215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473."
The independent auditor must state that the audit complied with the applicable provisions noted above. The
audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year.
e. The Recipient must send copies of reporting packages required under this paragraph directly to each of the
following:
i.
The Division of Emergency Management
DEMSingle_Audit@em.myflorida.com
5
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii.
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the
related provisions of the Uniform Guidance.
(10) REPORTS
a. The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of
such funds by such non-entitlement unit of local government including such other information as the Secretary
may require for administration of the Coronavirus Local Fiscal Recovery Fund. Concurrently, Recipients must
provide to the Division a copy of the report given to the Secretary.
b. Failure by Recipient to submit all required reports and copies may result in the Division's withholding of further
payments until all such documents are submitted to the Division and deemed to be satisfactory.
c. The Recipient must provide additional program updates or information if requested by the Division.
(11) LIABILITY.
Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees
to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this
Agreement.
(12) TERMINATION
a. The Division may terminate this Agreement immediately for cause upon written notice to Recipient. Cause
includes, but is not limited to, misuse of funds,fraud, non-compliance with ARPA,Treasury Guidance,or other
applicable rules, laws and regulations, or failure by the Recipient to afford timely public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes.
b. The Division may terminate this Agreement for convenience upon thirty (30) days' prior written notice to
Recipient.
c. In the event this Agreement is terminated, the Recipient must not incur new obligations for the terminated
portion of this Agreement after it has received the notification of termination. The Recipient must cancel as
many outstanding obligations as possible. Obligations incurred after receipt of the termination notice will be
disallowed. The Recipient will not be relieved of liability to the Division because of any breach of this
Agreement by the Recipient. The Division may, if and to the extent permitted by ARPA and Treasury
Guidance,withhold payments to the Recipient for the purpose of set-off until the exact amount due the Division
from the Recipient is determined and resolved.
(13) MISCELLANEOUS
a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and
materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a
Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The inaccuracy of the submissions
6
or any material changes will, at the option of the Division and with thirty (30) days written notice to the
Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to
the Recipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising
out of this Agreement will be in the Circuit Court of Leon County. If any provision of this Agreement is in
conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent
of the conflict, and is severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this Agreement will survive
the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an
original.
e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C.
Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability
in employment, public accommodations, transportation, State and local government services, and
telecommunications.
f. The Recipient must comply with any Statement of Assurances incorporated as Attachment D.
g. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on
the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and
may not transact business with any public entity in excess of$25,000.00 for a period of thirty-six(36) months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida
Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof.
j. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes.
k. This Agreement, upon execution, contains the entire agreement of the parties and no prior written or oral
agreement, express or implied, shall be admissible to contradict the provisions of this Agreement.
I. This Agreement may not be modified except by formal written amendment executed by both of the parties.
m. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, they must use
the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 603 of the Social Security Act and the Guidance on eligible expenses. If a government deposits
Fiscal Recovery Fund payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended. The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act ("INA")]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e)of the
INA will be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, Florida Statutes)with
respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings must be publicly noticed, open to the public,
and the minutes of all the meetings will be public records, available to the public in accordance with Chapter
119, Florida Statutes.
o. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by
this Agreement only for allowable costs resulting from obligations incurred during the specific agreement
period.
7
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for
direct program costs in a subsequent period must be refunded to the Secretary.
r. If the purchase of the asset was consistent with the limitations on the eligible use of Fiscal Recovery Funds
provided by ARPA and Treasury Guidance, the Recipient may retain the asset. If such assets are disposed
of prior to December 31, 2024, the proceeds would be subject to the restrictions on the eligible use of Fiscal
Recovery Funds provided by ARPA.
(14) LOBBYING PROHIBITION
a. 2 CFR §200.450 prohibits reimbursement for costs associated with certain lobbying activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to
a contract or grant to any person or organization unless the terms of the grant or contract prohibit the
expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly
to influence legislation or any other official action by the Florida Legislature or any state agency.
d. The Recipient certifies the following:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the Recipient must complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Recipient must require that this certification be included in the award documents for all subawards
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
(15) REQUIRED CONTRACTUAL PROVISIONS
a. EQUAL OPPORTUNITY EMPLOYMENT
i. In accordance with 41 CFR §60-1.4(b), the Recipient hereby agrees that it will incorporate or cause
to be incorporated into any contract for construction work, or modification thereof, as defined in the
regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government
pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity
clause:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
8
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
3. The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor,
or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph
1(a)(ii)of this section and the provisions of subparagraphs(1)through (8)in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
b. COPELAND ANTI-KICKBACK ACT
i. The Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be
incorporated into any contract for construction work, or modification thereof, the following clause:
9
"Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. §3145, and the
requirements of 29 CFR pt. 3 as may be applicable,which are incorporated by reference
into this contract."
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause in
subsection b(i) above and such other clauses as the Secretary may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and
for debarment as a contractor and subcontractor as provided in 29 CFR§ 5.12.
c. CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000
and involves the employment of mechanics or laborers, then any such contract must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation.
d. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000,
then any such contract must include the following provision:
"Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA)."
e. SUSPENSION AND DEBARMENT
If the Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract
must include the following provisions:
i. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such
the contractor is required to verify that neither the contractor, its principals (defined at 2 CFR §
180.995), nor its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
ii. The contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction into which
it enters.
iii. This certification is a material representation of fact relied upon by the Division. If it is later determined
that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government may pursue available
remedies, including, but not limited to, suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2
CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
10
f. BYRD ANTI-LOBBYING AMENDMENT
If the Recipient enters into a contract using funds authorized by this Agreement, then any such contract must
include the following clause:
"Byrd Anti-Lobbying Amendment, 31 USC § 1352 (as amended). Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the Recipient."
(16)ATTACHMENTS. The parties agree to, and incorporate as though set forth fully herein, the following exhibits and
attachments:
Exhibit 1 Funding Sources
Attachment A ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification
Attachment B Certification Regarding Lobbying
Attachment C Program Statutes and Regulations
Attachment D Statement of Assurances
Attachment E Award Terms and Conditions
(17) LEGAL AUTHORIZATION. The Recipient certifies that its governing body has authorized the Recipient's execution
of this Agreement and that the undersigned person has the authority to legally execute and bind the Recipient to the
terms of this Agreement.
RECIPIENT
Aventura, City of
By: &V (A"Jan
Name and title: Ronald WaSS011
Date: 8/13/2021
FEIN : 650662615
DUNS : 110889607
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date:
11
Exhibit 1
Funding Sources
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT, SUBJECT TO SECTION
215.97, FLORIDA STATUTES, CONSIST OF THE FOLLOWING:
State Project-
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance title: Coronavirus State and Local Fiscal Recovery Funds (CSFRF)
Catalog of Federal Domestic Assistance number: 21.027
Amount of State Funding: $18,525,074.00
12
Attachment A
ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification
I, Ronald Wasson , am the Authorized
Agent of Aventura, City of("Recipient")and I certify that:
1. 1 have the authority on behalf of the Recipient to request fund payments from the State of Florida ("State") for
federal funds appropriated pursuant to section 603 of the Social Security Act, as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2, Title VI (March 11, 2021).
2. 1 have submitted to the State the Recipient's Total Budget in effect as of January 27, 2020, as defined by the
United States Department of the Treasury, the annual operating budget including general fund and other funds.
3. 1 understand that the State will rely on this certification as a material representation in making grant payments to
the Recipient.
4. 1 acknowledge that the Recipient should keep records sufficient to demonstrate that the expenditure of funds it
has received is in accordance with section 603(a) of the Social Security Act.
5. 1 acknowledge that all records and expenditures are subject to audit by the United States Department of
Treasury's Inspector General, the Florida Division of Emergency Management, and the Florida State Auditor
General, or designee.
6. 1 acknowledge that the Recipient has an affirmative obligation to identify and report any duplication of benefits. I
understand that the State has an obligation and the authority to de-obligate or offset any duplicated benefits.
7. 1 acknowledge and agree that the Recipient shall be liable for any costs disallowed pursuant to financial or
compliance audits of funds received.
8.1 acknowledge that if the Recipient has not obligated the funds it has received to cover costs that were incurred
by December 31, 2024, as required by the statute, those funds must be returned to the United States Department of
the Treasury.
9. 1 acknowledge that the Recipient's proposed uses of the funds provided as grant payments from the State by
federal appropriation under section 603 of the Social Security Act will be used only to cover those costs that:
a. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or
its negative economic impacts, including assistance to households, small businesses, and nonprofits, or
aid to impacted industries such as tourism, travel, and hospitality;
b. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the metropolitan city, non-entitlement unit of local
government, or county that are performing such essential work, or by providing grants to eligible employers
that have eligible workers who perform essential work;
c. for the provision of government services to the extent of the reduction in revenue of such metropolitan
city, non-entitlement unit of local government, or county due to the COVID-19 public health emergency
relative to revenues collected in the most recent full fiscal year of the metropolitan city, non-entitlement unit
of local government, or county prior to the emergency; or
d. to make necessary investments in water, sewer, or broadband infrastructure.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction
has incurred eligible expenses during the period that begins on March 3, 2021 and ends on December 31, 2024.
13
By: Ronald Wasson
Signature: &ur,UV"wn
Title: City Manager
Date: 8/13/2021
14
Attachment B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Recipient, Ronald Wasson , certifies, to the best of
his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all Recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119).Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Recipient, Ronald Wasson , certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
Recipient understands and agrees that the provisions of 31 U.S.C. Sec. 3801 et seq. apply to his certification and
disclosure, if any.
By: Ronald Wasson
Signature: &ur,UV"wn
Title:_City Manager
Date: 8/13/2021
15
Attachment C
Program Statutes and Regulations
42 U.S.C. 801 Social Security Act Coronavirus State and Local Fiscal Recovery Funds
Title 31, Part 35, Code of Federal Treasury Interim Final Rule
Regulations
Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation; agency
or judicial branch compliance
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited
CFO MEMORANDUM NO. 04 (2005-06)Compliance Requirements for Agreements
16
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the"Recipient")provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars,policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives,to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons,please visit hLp://wwwlo.u�oy.
17
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub-grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. §2000d et seq), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract(or agreement). Title VI also includes protection to persons
with `Limited English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.C. §2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint,pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
18
agreements between the Recipient and the administrative agency that made the finding. If the
Recipient settles a case or matter alleging such discrimination, the Recipient must provide
documentation of the settlement. If Recipient has not been the subject of any court or
administrative agency finding of discrimination,please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is
responsible for ensuring that sub-recipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub-awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- recipients.
The United States of America has the right to seek judicial enforcement of the terms of
this assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and
understood the Recipient's obligations as herein described, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the Recipient is in
compliance with the aforementioned nondiscrimination requirements.
Ronald Wasson 8/13/2021
Aventura, City of Date
T
�atw& V"4jn
Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S.Government to process requests for support.The estimated
burden associated with this collection of information is 30 minutes per response. Comments concerning the
accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of
Privacy,Transparency and Records,Department of the Treasury, 1500 Pennsylvania Ave.,N.W.,Washington,D.C.
20220.DO NOT send the form to this address.An agency may not conduct or sponsor, and a person is not required
to respond to,a collection of information unless it displays a valid control number assigned by OMB.
19
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:
Aventura, City of
Address: 19200 West County Club Drive
DUNS Number: 110889607
Taxpayer Identification Number: 650662615
Assistance Listing Number: 21.027
Sections 602(b) and 603(b) of the Social Security Act(the Act) as added by section 9901 of the
American Rescue Plan Act,Pub. L.No. 117-2(March 11, 2021) authorize the Department of the
Treasury(Treasury)to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Recipient: Aventura, City of
Authorized Representative: Ronald Wasson
Title: City Manager
Date signed: 8/13/2021
U.S. Department of the Treasury:
Authorized Representative: Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support.The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy,Transparency and Records,Department of the Treasury, 1500
Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency
may not conduct or sponsor,and a person is not required to respond to,a collection of information unless
it displays a valid control number assigned by OMB.
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U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used
in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the
institutional, managerial, and financial capability to ensure proper planning, management,
and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March 3,
2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise)of Recipient in order to conduct audits or other investigations.
e. Records shall be maintained by Recipient for a period of five (5)years after all funds have
been expended or returned to Treasury,whichever is later.
5. Pre-award Costs.—Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest
policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is
applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
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9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f)of the Act,and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes,regulations,and executive orders,and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform
Guidance,implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a term or
condition in all lower tier covered transactions(contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R.Part 19.
V. Recipient Integrity and Performance Matters,pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Govemmentwide Requirements for Drug-Free Workplace,31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R.Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42
U.S.C.
§§4601-4655)and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation,the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
23
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex,familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and
local governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act,
other applicable laws, Treasury's implementing regulations,guidance, or any reporting or
other program requirements,Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c)of the Act regarding
the use of funds,previous payments shall be subject to recoupment as provided in section
603(e) of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable,with requirements of the Hatch Act(5
U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or
local government employees whose principal employment is in connection with an
activity financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil,or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: "This project[is being] [was] supported, in whole or in part,by federal
award number[enter project FAIN] awarded to [name of Recipient]by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient(1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
24
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e)of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient. A debt is delinquent if it has not been paid by the date specified in
Treasury's initial written demand for payment,unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a
debt as defined in paragraph 14(a). Treasury will take any actions available to it to
collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death,bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
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19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-
the- job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513,74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
26
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Keven Klopp, Community Development Director
DATE: September 17, 2021
SUBJECT: Application to Amend the Official Zoning Map of the City of Aventura
by Amending the Zoning Designation of Land Located on Biscayne
Boulevard North of Future NE 213/214 Street from B2, Community
Business District, to MO, Medical Office District, (the "Rezoning")
City Case File No. REZ2108-0001
September 23, 2021 Local Planning Agency Agenda Item 4C
September 23, 2021 City Commission Meeting Agenda Item 6B (First Reading)
October 5, 2021 City Commission Meeting Agenda Item 8B (Second Reading)
November 2, 2021 City Commission Meeting Agenda Item 7 (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the Rezoning request for the two
(2) subject parcels of land (Folios 28-1234-001-0170 and 28-1234-001-0180), located on
the west side of Biscayne Blvd. and on the north side of future NE 213/214 Street (the
"Property") to facilitate development of a mixed-use project by the applicant.
THE REQUEST
The applicant, Jasmin Investments LLC, is requesting the Rezoning. The applicant's
Letter of Intent is attached as Exhibit#1 to this staff report.
BACKGROUND
OWNER OF PROPERTY: Jasmin Investments, LLC
NAME OF APPLICANT Jasmin Investments, LLC
LOCATION OF PROPERTY Biscayne Blvd. north of NE 213/214 Street
See Exhibit #2 for Location Map
SIZE OF PROPERTY 2.3 acres +/-
See Exhibit #3 for Legal Description
The Property is currently vacant and to its north is the Optima Development.
The owner is preparing a master site plan application to facilitate the Aventura Medical
District (North Distrikt) project presented to the City Commission in February of this year.
The applicant has proposed a mixed-use project on Property lying between Biscayne
Blvd. and East Dixie Highway, on the north side of future NE 213/214 Street. The
proposed project is a combination of multifamily residential/hotel/office/retail uses and an
assisted living facility within 12.50 acres of land. A rendering of the development is
attached as Exhibit #4 to this staff report.
A Comprehensive Plan Amendment which granted increased density and intensity at this
location was approved by the Commission after two (2) public hearings in April and June
of 2021. At the same time, a code amendment to the Medical Office (MO) District zoning
category in the LDRs allowed a maximum of 57 dwelling units per acre and a maximum
FAR of 2.49 subject to conditional use approval. The LDR language allows the requested
increases in density and overall interior space subject to the following conditions-
(1) a minimum of 35,000 square feet of land is dedicated to the City for public road
purposes; and
(2) the owner or developer constructs the road at its expense; and
(3) the development permit be obtained within 24 months of the date of conditional
use approval, similar to other previously approved amendments to the MO zoning
district.
The next steps in the development process will be submission and review of a master site
plan and development agreement which will be presented to the City Commission at a
public hearing. The developer anticipates construction in three (3) phases. A separate
site plan, adhering to the master site plan, will be reviewed for each phase. Applications
for conditional use approvals will be presented to the City Commission for consideration
at individual public hearings as appropriate.
With the exception of the Property, which consists of the two (2) parcels fronting on
Biscayne Blvd., the remainder of the properties that comprise the Aventura North Distrikt
development area are all zoned MO. The overall development is contemplated to be
governed under a single development agreement. In order to facilitate a single
development agreement and a single development program, this Application is seeking
to create a single uniform zoning district by rezoning the Property from B2 to MO,
consistent with the remainder of the Aventura North property. The Comprehensive Plan
amendment adopted earlier this year granted Business and Office designated properties
2
contiguous to Medical Office-zoned properties developed as part of an approved
development agreement to have residential uses with density not exceeding 57 dwelling
units per acre subject to conditional use approval. This Rezoning makes the 2.49 FAR
applicable across the entire site as well, whereas under B2 the FAR was limited to 2.0.
The application is being presented with anticipation that the second reading will proceed
simultaneously with approval of a master development agreement, including the
abandonment and vacation of certain right-of-way.
ANALYSIS
Future Land Use Designation
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
Zoning
Subject Property: B2, Community Business District
Properties to the West: MO, Medical Office District
Properties to the East: B2, Community Business District
Properties to the North: B2, Community Business District
Properties to the South: B2, Community Business District
Existing Land Use
Subject property: Vacant Lot
Properties to the North: Office Building
Properties to the South: Mixed Use Under Construction
Properties to the East: Office Building
Properties to the West: Vacant Land/Underutilized Residential
Access — The property fronts Biscayne Boulevard, with side frontage on future NE
213/214 Street. Access to the proposed development is by way of Biscayne Blvd. and
future NE 213/214 Street.
Standards for reviewing proposed amendments to the Official Zoning Map found
in Section 31-77 of the Land Development Regulations:
1. Whether or not the proposed amendment is consistent with goals, objectives and
policies of the City's Comprehensive Plan.
3
The proposed Rezoning will be consistent with goals, objectives and policies of the
City's Comprehensive Plan. The existing future land use designation for this parcel is
Business and Office.
2. Whether or not the proposed zoning district is compatible with the surrounding area's
zoning designation(s) and existing uses.
The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses. There are similar zoning districts adjacent to the
west of the site.
3. Whether or not the subject property is physically suitable for the uses permitted in the
proposed district.
The Property is physically suitable for the uses permitted in the proposed district.
4. Whether or not there are sites available in other areas currently zoned for such use.
There are currently no sites available in other areas currently zoned for such use.
5. If applicable, whether or not the proposed change will contribute to redevelopment of
an area in accordance with an approved redevelopment plan.
The City's Comprehensive Plan encourages the redevelopment of the Biscayne Blvd.
corridor. This development fulfills those plan goals.
6. Whether or not the proposed change would adversely affect traffic patterns or
congestion.
The Rezoning will not adversely affect traffic patterns or congestion. The applicant is
preparing a traffic study, which will be reviewed as part of the forthcoming master site
plan application to be presented to the City Commission for consideration at a later
date.
7. Whether or not the proposed change would adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities, and other
public facilities and services would be adversely affected.
The proposed Rezoning will not adversely affect population density such that the
demand for water, sewers, streets, and other public facilities and services would be
adversely affected.
8. Whether or not the proposed change would have an adverse environmental impact
on the vicinity.
The proposed Rezoning will not have an adverse environmental impact on the vicinity.
4
9. Whether or not the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed Rezoning will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole.
Public Hearing Notice — Notice of this public hearing has been published, posted and
mailed in accordance with Section 31-71(e) of the City Code. The Community
Development Department has received no citizen comments as of the date of writing of
this report.
5
Exhibit 1
REZ2108-0001
Bilzin Sumberg
Brian S.Adler, Esq.
305.350.2351
305.351.2206
badlerCftilzin.com
August 12, 2021
Keven Klopp
Community Development Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Property Located North of NE 214 Street,
Between Biscayne Boulevard of NE 29th Court, Aventura, Florida
Folio Nos.: 28-1234-001-0170 and 28-1234-001-0180
Application to Amend the Official Zoning Map
Dear Mr. Klopp:
LETTER OF INTENT
Please consider this our formal request on behalf of our client Jasmin Investments LLC
in connection with an application to amend the City's official zoning map (a rezoning
application).
A. Recent City of Aventura Comprehensive Plan and Zoning Text Changes.
The City recently approved amendments to the City's Comprehensive Development
Master Plan and companion Land Development Regulations ("LDRs") as it relates to
certain properties within the MO District.
Specifically, in recognition of the City' long standing goal to promote redevelopment
of the Hospital North area, the City approved amendments to the Comprehensive
Plan and LDRs provide for a maximum FAR of 2.49 and a maximum of 57 dwelling
units per acre, all subject to conditional use approval.
The remainder of the properties that comprise the Aventura North Distrikt
development area are all zoned MO, Medical Office, with the exception of the
Property subject to this application, , which consists of the two parcels fronting on
Biscayne Boulevard. The overall development is contemplated to be governed
under a single development agreement. In order to facilitate a single development
agreement and a single development program, this Application is seeks to create a
single uniform zoning district by rezoning the Property from B2 to MO, Medical
Office, consistent with the remainder of the Aventura North property. This will allow
Bilzin SUmberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor.Nliami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.coni
Mr. Keven Klopp
August 12,2021 -
Page 2
ilzin Sumberg
the Property to be seamlessly incorporated into the development program as
contemplated as part of the amendment applications, without the need to separate or
bifurcate zoning legends, development programs, etc.
Because the zoning hearings require two readings, this Application is being filed with
the anticipation that the second reading will proceed simultaneous with a conditional
use approval as well as the abandonment and vacation of certain right-of-way and
approval of a master development agreement.
B. The Property.
The Property consist of two folio numbers which consist of 2.30+/- acres. The
Property fronts on Biscayne Boulevard and is located immediately south of an
adjacent to the Optima Development. The Property is designated business and
office under the City of Aventura Future Land Use Map of the City of Aventura
Comprehensive Plan, and as noted above, is currently zoned B2. The Medical
Office District is consistent with the business and office designation and therefore
this request is considered with the City of Aventura Comprehensive Plan.
C. Conclusion.
Based on the foregoing, the proposed rezoning is consistent with the Business and
Office underlying land use designation, compatible with the adjacent properties and
consistent with the proposed redevelopment of this segment of the City.
We respectfully request the City approve the application to amend the City's official
zoning map by rezoning the Property from B2 to M-O.
Thank you for your review of the foregoing. Should you have any questions, please do
not hesitate to contact me at (305) 350-2351.
Very truly yours,
ri dler
BSA/DPC/ebl
MIAMI 8656031.2 85247/91087
Exhibit 2
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Exhibit 3
REZ2108-0001 CFN: 20190278196 BOOK 31430 PAGE 2761
Exhibit A
Legal Description
The land referred to herein below is situated in the County of Miami-Dade,State of Florida,
and described as follows:
The South 200 feet of the North 300 feet,of Lot 1,in Block 3,lying West of Federal
Highway,of the TOWN OF HALLANDALE,according to the plat thereof,as
recorded in Plat Book B,Page 13,of the Public Records of Miami-Dade County,
Florida,less the West 222 feet thereof.
AND
The South 200 feet of the North 500 feet,of Lot 1,in Block 3,lying West of Federal
Highway,of the TOWN OF HALLANDALE,according to the Plat thereof,as
recorded in Plat Book B,Page 13,of the Public Records of Miami-Dade County,
Florida,less the West 222 feet thereof.
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CITY OF AVENTURA ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR A 2.30+/-ACRE PARCEL
OF LAND LOCATED NORTH OF NE 214 STREET BETWEEN BISCAYNE
BOULEVARD AND NE 29TH COURT, FROM B2, COMMUNITY
BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Jasmin Investments LLC, through Application No.
REZ2108-0001, has applied to amend the Official Zoning Map of the City of Aventura by
amending the zoning designation ("Rezoning") of the 2.3+/- acre parcel of land on the
west side of Biscayne Boulevard north of NE 214t" Street, with Folio Numbers 28-1234-
001-0170 and 28-1234-001-0180, legally described in Exhibit "A" attached hereto, (the
"Property") from B2, Community Business District to MO, Medical Office District; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local
Planning Agency has determined that the Rezoning is consistent with the applicable
provisions of the City Comprehensive Plan; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the rezoning application and has
considered the testimony of all interested parties at the public hearings, and has
determined that the rezoning action set forth in this Ordinance is consistent with the
Comprehensive Plan and furthers the health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
City of Aventura Ordinance No. 2021-
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. Official Zoning Map Amended. The Official Zoning Map of the City
of Aventura is hereby amended by amending the zoning designation for the Property,
legally described in Exhibit "A" to this Ordinance, from B2, Community Business District
to MO, Medical Office District.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Revision of Zoning Map. It is the intention of the City Commission, and
it is hereby ordained that the Official Zoning Map of the City may be revised to accomplish
such intentions.
Section 5. Disclaimer and Condition. 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 a 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.
Page 2 of 5
City of Aventura Ordinance No. 2021-
Section 6. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Narotsky 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 Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks 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
Commissioner Robert Shelley
Mayor Enid Weisman
Page 3 of 5
City of Aventura Ordinance No. 2021-
PASSED on first reading this 23rd day of September, 2021.
PASSED AND ADOPTED on second reading this 2nd day of November, 2021.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of 2021.
CITY CLERK
Page 4 of 5
City of Aventura Ordinance No. 2021-
Exhibit A
Legal Description
The land referred to herein below is situated in the County of Miami-bade, State of Florida,
and described as follows:
The South 200 feet of the North 300 Feet,of Lot 1,in Block 3,lying West of Federal
Highway,of the TOWN OF HALLANDALE,according to the plat thereof, as
recorded in Plat.Book B,Page 1 ,of the Public Records of Miami-Dade County,
Florida,less the West 222 Feet thereof.
AND
The South 240 feet of the North 500 feet,of Lot 1,in Block 3, lying West of Federal
Highway,of the TOWN OF HALLANDALE, according to the Plat thereof,as
recorded in Plat Book B,Page 13,of the Public Records of Miami-Dade County,
Florida,less the West 222 feet thereof.
Page 5 of 5
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson (9L
City Manager
BY: Keven Klopp/�w
Community Development Director
DATE: October 29, 2021
SUBJECT: Property Rights Element — Comprehensive Plan Amendment
November 2, 2021 Local Planning Agency Meeting Agenda Item 4
1It Reading November 2, 2021 City Commission Meeting Agenda Item 8A
2"1 Reading January 4, 2022 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the Local Planning Agency recommend approval of and the City
Commission adopt the attached Ordinance amending the City's Comprehensive Plan.
The addition of a Property Rights Element is now required pursuant to Section
163.3177(6)(i)2, Florida Statutes.
BACKGROUND
During the 2021 Legislative Session, the State Legislature passed CS/CS/SB 496, which
requires municipalities to include a property rights element in their comprehensive plans.
Such element must set forth certain private property rights that the municipality will
consider in its decision-making processes related to planning and development.
The City's proposed Property Rights Element includes the required information set forth
in the statute.
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A
PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, during the 2021 Legislative Session, the State Legislature passed
CS/CS/SB 496, which, among other things, created a new requirement in Section
163.3177(6), Florida Statutes (2021) (the "Statute") that each local government include in
its comprehensive plan a "property rights element to ensure that private property rights
are considered in local decision making;" and
WHEREAS, the Statute provides that local governments "must adopt a property
rights element in its comprehensive plan by the earlier of the date of its adoption of its
next proposed plan amendment that is initiated after July 1, 2021, or the date of the next
scheduled evaluation and appraisal of its comprehensive plan pursuant to s.163.3191;"
and
WHEREAS, in compliance with state law, the City Commission desires to amend
the City Comprehensive Plan to include a property rights element in the form prescribed
by the Statute; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law, for the proposed Comprehensive Plan amendment; and
WHEREAS, on November 2, 2021, the City Commission, sitting in its capacity as
the Local Planning Agency, reviewed this Ordinance and recommended approval to the
City Commission; and
WHEREAS, the City Commission believes it is in the best interest of the public to
approve this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. Approval of the Amendment. That the City Comprehensive Plan
is amended to include the following:
City of Aventura Ordinance No. 2022-
The City of Aventura Comprehensive Plan
Property Rights Element
Goal
The City of Aventura will make planning and development decisions with respect for
Property rights and with respect for people's rights to participate in decisions that affect
their lives and property.
Obiective 1
The City of Aventura will respect judicially acknowledged and constitutionally protected
Private property rights.
Policy 1.1
The City of Aventura will consider in its decision-making the right of a property owner to
Physically possess and control his or her interests in the property, including easements,
leases, or mineral rights.
Policy 1.2
The City of Aventura will consider in its decision-making the right of a property owner to
use, maintain, develop, and improve his or her property for personal use or for the use of
any other person, subject to state law and local ordinances.
Policy 1.3
The City of Aventura will consider in its decision-making the right of the property owner
to privacy and to exclude others from the property to protect the owner's possessions and
Property.
Policy 1.4
The City of Aventura will consider in its decision-making the right of a property owner to
dispose of his or her property through sale or gift.
Section 3. Inclusion in the City's Comprehensive Plan. That it is the intention
of the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura.
Section 4. Transmittal. That the City staff is authorized to transmit copies of
the Ordinance to the Florida Department of Economic Opportunity (DEO), and all other
units of local government and governmental agencies as required by Florida law for
review and comment, after a vote on first reading of this Ordinance.
Section 5. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
Page 2 of 4
City of Aventura Ordinance No. 2022-
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 6. Conflicts. All ordinances or parts of ordinances, resolution or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 7. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective date
of the comprehensive plan amendments approved by this Ordinance shall be the date a
final order is issued by the Florida Department of Economic Opportunity or Administrative
Commission finding the plan amendments in compliance in accordance with Section
163.3184, Florida Statutes, whichever occurs earlier. The Florida Department of
Economic Opportunity notice of intent to find the plan amendments in compliance shall
be deemed to be the final order if no timely petition challenging the plan amendment is
filed.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
Page 3 of 4
City of Aventura Ordinance No. 2022-
PASSED on first reading this 2nd day of November, 2021.
PASSED AND ADOPTED on second reading this 4t" day of January, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: October 29, 2021
SUBJECT: Ordinance Amending Chapter 36 "Retirement," Article II "Police
Pension Plan and Trust Fund," Section 36-26 "Service Retirement
Benefit" and Section 36-35 "Deferred Retirement Option Program
(DROP)"
11t Reading November 2, 2021 City Commission Meeting Agenda Item 8B
2"1 Reading January 4, 2022 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the Police Pension Plan and Trust Fund (the "Plan") to provide for in-service distribution
of benefits to certain retired members who return or transfer to employment by the City in
a department or position outside the police department.
BACKGROUND
The Plan currently does not provide for in-service distribution of retirement benefits to
retired members of the Plan who return or transfer to employment by the City in positions
outside of the Police Department.
The Ordinance provides, to the extent permitted under the Internal Revenue Code, that
the benefits to a retired member shall not be suspended or reduced merely on account of
any re-employment or continued employment of the retired member by the City in any
capacity in any department or position other than the Police Department. A retired
member who was a participant in the DROP at the time such continued employment
commenced shall be permitted to remain a participant in the DROP for the remainder of
the member's maximum period of DROP participation and receive distributions from the
DROP after the member's DROP participation end. If a re-employed member was a
DROP participant prior to separation from City service and had not yet received a
distribution from the member's DROP account at the time of re-employment, the re-
employed retired member shall receive distributions from the DROP without regard to the
re-employment.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO2026-21
CITY OF AVENTURA ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE
RETIREMENT BENEFIT" TO PROVIDE FOR IN-SERVICE
DISTRIBUTION OF BENEFITS TO CERTAIN RETIRED MEMBERS WHO
RETURN OR TRANSFER TO EMPLOYMENT BY THE CITY IN A
DEPARTMENT OR POSITION OUTSIDE THE POLICE DEPARTMENT;
AMENDING SECTION 36-35, DEFERRED RETIREMENT OPTION
PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension
plan for its certified police officers, which is known as the City of Aventura Police Officers'
Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and
WHEREAS, the City Commission desires to allow in-service distribution of
retirement benefits to certain retired members of the plan who return or transfer to
employment by the City in positions outside the Police Department; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its employees to amend the Plan; and
WHEREAS, prior to Second Reading of this Ordinance, the City Commission has
received, reviewed and considered an actuarial impact statement describing the actual
impact of the amendments provided for herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA':
Words in s+r� type are deletions from exist text and word in underline type are additions to existing
text.
City of Aventura Ordinance No. 2021-
Section 1. That each of the above-stated recitals are hereby adopted and
confirmed.
Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-26, "Service retirement benefit," of the City Code of Ordinances
be amended by adding subsection (i), Limited in-service distributions permitted, as
follows-
(i) Limited in-service distributions permitted. To the extent
permitted under the Internal Revenue Code with regard to in-service
distributions, the benefits otherwise payable under this Section to a
retired member who has reached the age and/or service
requirements for a service retirement shall not be suspended or
reduced merely on account of any re-employment or continued
employment of the retired member by the City in any capacity
(including, but not limited to. Full-Time. Part-Time, or Independent
Contractor) in any department or position other than the Police
Department. The retired member shall not be entitled to active
membership in the plan by virtue of any such reemployment or
continued employment outside the Police Department, shall not
accrue any credited service therefor, and shall not be able to enter
the Deferred Retirement Option Program (DROP) established by
section 36-35 during such continued employment or re-employment.
If a retired member whose employment is continued outside the
Police Department was a participant in the DROP at the time such
continued employment commenced, the member shall be permitted
to remain a participant in the DROP for the remainder of the
member's maximum period of DROP participation, receive
distributions from the DROP after the member's DROP participation
ends (either by the member reaching the maximum period of DROP
participation, electing to cease DROP participation while still
employed by the City outside the Police Department or terminating
all City employment)) in the manner and subject to deadlines set forth
in section 36-35 and shall not be required to terminate employment
outside the Police Department as a result thereof. If a re-employed
member who is re-employed outside the Police Department was a
DROP participant prior to separation from City service and had not
yet received a distribution from the member's DROP account at the
time of re-employment, the re-employed retired member shall
receive distributions from the DROP in the manner and subject to the
deadlines set forth in section 36-35 without regard to the re-
employment.
Page 2 of 6
City of Aventura Ordinance No. 2021-
Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-35, "Deferred retirement option program (DROP)," of the City
Code of Ordinances be amended as follows:
Sec. 36-35. - Deferred retirement option program (DROP).
Effective October 1, 2018, a deferred retirement option plan ("DROP") will
be created. A member will be eligible to enter the DROP on the earlier of
the first day that he/she is eligible for service retirement as defined
by section 36-26(b)(2) or delayed retirement as defined in section 36-
26(b)(3) but with at least 11 years of credited service and attainment of
age 57. Upon entering the DROP, a member will no longer accrue credited
service or additional pension benefits and will no longer make employee
contributions to the Retirement Plan. Instead, the amount of the monthly
pension benefit for the benefit option selected by the member will be
credited to the member's DROP account. The maximum period that a
member may participate in the DROP is five years. After the maximum
period of DROP participation, the member must terminate from
employment as a City police officer or in the City Police Department.
DROP participation must begin by the earlier of the date on which a
member reaches 25 years of service or the date on which a member
reaches age 57 with 11 years of service ("Maximum DROP Entry
Deadlines"). A member may elect to enter DROP after the foregoing dates,
but his/her maximum participation in the DROP will be reduced by the
period of time in which the member delayed entry in the DROP after
reaching either of the foregoing Maximum DROP Entry Deadlines. The
member's DROP account will be self-directed by the member to mutual
funds selected by the Retirement Plan's Board of Trustees from among
those offered by a vendor selected by the Board of Trustees. The available
mutual funds and the vendor may be changed from time to time by the
Board of Trustees. Members will be solely responsible for the gains and
losses of their individual self-directed DROP accounts. Members who elect
to participate in the DROP shall be required to separate from City serVi^o
employment as a City police officer or in the City Police Department at the
conclusion of the DROP period. A member's DROP shall be distributed to
the member in a lump sum, rollover, or a combination of both, as soon as
administratively practicable and not more than 90 days following the
conclusion of the DROP period or approval of the distribution by the
Retirement Plan Board of Trustees, whichever occurs last. Neither the
City, the Retirement Plan, nor its Board of Trustees shall have any liability
or responsibility to guarantee the principal and/or rate of return for a
member's DROP assets. The DROP accounts, although self-directed
Page 3 of 6
City of Aventura Ordinance No. 2021-
separate accounts, will remain part of the pension trust, and distributions
from a member's account shall not be permitted until termination of
employment.
Section 4. Repeal. All sections or parts of sections of the Code of Ordinances
of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts
of resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
Section 5. Severability. Should any section or provision of this Ordinance, or
any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a
part hereof, other than the part declared to be invalid.
Section 6. Inclusion in the Code. It is the intention of the City Commission of
the City of Aventura that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Aventura and that the sections of this
Ordinance may be renumbered or relettered and the word "ordinance" may be changed
to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 7. Effective Date. This Ordinance shall be effective upon passage by
the City Commission on second reading.
Page 4 of 6
City of Aventura Ordinance No. 2021-
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
Page 5 of 6
City of Aventura Ordinance No. 2021-
PASSED on first reading this 2nd day of November, 2021.
PASSED AND ADOPTED on second reading this 4t" day of January, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 6 of 6
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: October 29, 2021
SUBJECT: End of Year Budget Amending Ordinance — FY 2020/21
11t Reading November 2, 2021 City Commission Meeting Agenda Item 8C
2"1 Reading January 4, 2022 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
the FY 2020/21 budget.
BACKGROUND
At this time of year, the Finance Department is preparing the City's financial records for
the FY 2020/21 year-end audit. Now that most of our year-end adjustments have been
made, we have the necessary information to formally amend the FY 2020/21 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 2021 and January 2022 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 2022 as there is no December meeting. The ordinance however will
appear on first reading prior to the November 29, 2021 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 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", the City incurred many expenditures that were not budgeted in the FY
2020/21 Budget. As a result, this budget amendment will amend the FY 2020/21 Budget
for COVID-19 related expenditures that the City has incurred through September 30,
2021, (i.e., PPE, food for our first responders, additional contractual services including
sanitization services, legal fees, facility upgrades, etc.).
In FY2019/2020 the City applied for and received 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")
In addition, the City also received a Coronavirus Local Fiscal Recovery Fund Agreement
under the American Rescue Plan Act (ARPA). Half of the amount awarded ($9,262,537)
was received in August 2021. The City is currently developing a plan to use the ARPA
funds in compliance with the guidelines distributed by the Department of Treasury.
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 2021/22 would
be addressed through a future budget amendment, if necessary. Please note that of the
$1,267,000 net increase to the FY 2020/21 General Fund Budget, $200,000 pertains
directly to COVID-19 related expenditures.
General Fund — (001) — ($1,267,000 net increase)
Legal (0601) — ($200,000 increase)
3120 — Prof. Services — Legal requires a $200,000 budget amendment resulting primarily
from overages in the following areas:
• $8,000 related to the Intersection Safety Camera Program
• $40,000 related to the School Referendum matter
• $25,000 for matters related to the COVID-19 Pandemic including re-opening of
parks and American Rescue Plan Act funding
• $32,000 for various Police matters
2
The balance is comprised of miscellaneous legal matters related to:
• Reviewing Medical district matters
• Participation in Don Soffer Aventura High School Foundation matters, including tax
return preparation and attendance at several Foundation Board meetings
• City Charter School contract and policy matters
• Development matters
This overage will be offset by $200,000 in Half-Cent Sales Tax Revenue (3351800).
City Clerk (0801) — ($17,000 increase)
4915 — Election Expenses requires a $17,000 budget amendment due to higher than
anticipated costs related to a special election for charter amendments.
This overage will be offset by $17,000 in anticipated additional Half-Cent Sales Tax
Revenue (3351800).
Public Safety (2001) — ($50,000 increase)
1401 - Overtime requires a $50,000 budget amendment primarily due to the increased
need for law enforcement presence and patrolling at the Halloween event and after the
George Floyd murder which was not anticipated in the originally adopted budget.
This overage will be offset by $50,000 in anticipated additional Half-Cent Sales Tax
Revenue (3351800).
Community Development (4001) — ($400,000 increase)
3101 — Building Inspection Services requires a $400,000 budget amendment due to a
combination of higher than anticipated building and planning activity experienced during
the year and the addition of an inspector and administrative position to support increased
inspection requests following the Surfside building collapse.
This overage will be offset by the following anticipated additional revenue: $270,000 in
Building Permit Revenue (3221000 and 3222000), $75,000 in Development Review Fees
(3425000) and $55,000 in Half-Cent Sales Tax Revenue (3351800).
3
Community Services (5001) — ($135,000 increase)
4851 — Cultural Recreational Programming requires a $135,000 budget amendment due
to higher than anticipated participation in outdoor sports (due to COVID) such as Travel
and Recreation Soccer and After School Tennis.
This overage will be offset by $135,000 in anticipated additional Parks and Recreation
Revenue (3472000).
Public Works/Transportation (5401) — ($150,000 increase)
4320/4301 — Utilities — Water and Electric requires a $150,000 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. Fertilization was utilized to maintain and promote healthy fields which
resulted in additional irrigation so as to avoid burning the grass.
• Due to COVID, public buildings are set to circulate increased amounts of fresh air
(50% vs. 20%), requiring units to work harder.
This overage will be offset by $150,000 in anticipated additional Utility Tax-Water
Revenue (3143000).
Non-Departmental — Communications Services (9001) — ($115,000 increase)
4101 — Telephone requires a $115,000 budget amendment due to the following which
was not anticipated in the originally adopted budget:
• Internet upgrades made at Government Center and the Community Recreation
Center
• Upgrades to the communication system in the Commission Chamber.
This overage will be offset by the following anticipated additional revenue: $100,000 in
State Revenue Sharing — Communications Services Tax and Fuel Tax Revenue
(3351200) and $15,000 in Parks and Recreation Revenue (3472000).
Non-Departmental — Other (9001) — ($200,000 increase)
5950 — Disaster Supplies requires a $200,000 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". In FY2020/21,
4
the City was reimbursed for many of the COVID-19 related costs through a combination
of federal and state monies.
This overage will be offset by $110,000 in COVID related grant revenue (3311901)
received in FY 2020/21 that was not anticipated in the originally adopted budget and by
$90,000 in anticipated additional Parks and Recreation Revenue (3472000).
Community Services — Capital Outlay (8050) — ($45,000 increase)
6327 — Peace Park Improvements requires a $45,000 budget amendment due to higher
construction costs than anticipated for new restrooms at Peace Park. The City put out an
RFP for the construction and design.
This overage will be offset by a corresponding reduction of$45,000 in the Capital Reserve
Expenditure Account (001-8090-590.69-99).
Public Works/Transportation — Capital Outlay (8054) — ($175,000 increase)
6341 — Transportation System Improvements requires a $175,000 budget amendment
due to the replacement and relocation of a telecommunications pole that is located in a
DOT right of way. This relocation is necessary due to the construction of the Ives Dairy
Road flyover and was not anticipated in the originally adopted budget.
This overage will be offset by a corresponding reduction of $175,000 in the Capital
Reserve Expenditure Account (001-8090-590.69-99).
5
CITY OF AVENTURA ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2020/2021 FISCAL YEAR BY REVISING THE
2020/2021 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
Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend
and implement the 2020/2021 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. 2020-10, which Ordinance adopted a budget for the 2020/2021 fiscal year,
by revising the 2020/2021 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. 2022-
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, 2020.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
Page 2 of 3
City of Aventura Ordinance No. 2022-
PASSED on first reading this 2nd day of November, 2021.
PASSED AND ADOPTED on second reading this 4t" day of January, 2022.
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 2020/21 BUDGET AMENDMENT
REVENUES
OBJECT2020/212020/212020/21
CODEADOPTEDAMENDEDREVISED
NO.CATEGORY RECAPAMOUNTAMOUNTBUDGET
3143000Utility Tax-Water$ 1,175,000$ 300,000$ 1,475,000
3221000Building Permits 2,383,800 200,000 2,583,800
3351200State Revenue Sharing - Comm Service Tax, Fuel Tax 691,200 100,000 791,200
3351800Half Cent Sales Tax 2,320,000 467,000 2,787,000
3472000Parks and Recreation 125,000 200,000 325,000
Total Revenue$ 6,695,000$ 1,267,000$ 7,962,000
TOTAL AMENDMENTS - REVENUE$ 1,267,000
EXPENDITURES
OBJECT2020/212020/212020/21
CODEADOPTEDAMENDEDREVISED
NO.CATEGORY RECAPAMOUNTAMOUNTBUDGET
LEGAL (0601)
PROFESSIONAL SERVICES
3120Legal fees$ 311,000$ 200,000$ 511,000
Total Legal$ 311,000$ 200,000$ 511,000
CITY CLERK (0801)
OTHER CURRENT CHARGES
4915Election Expenses$ 25,000$ 17,000$ 42,000
Total City Clerk$ 25,000$ 17,000$ 42,000
PUBLIC SAFETY (2001)
SALARIES AND WAGES
1410Overtime$ 875,000$ 50,000$ 925,000
Total Public Safety$ 875,000$ 50,000$ 925,000
COMMUNITY DEVELOPMENT (4001)
PROFESSIONAL SERVICES
3101Building Inspection Services$ 1,731,000$ 400,000$ 2,131,000
Total Community Development$ 1,731,000$ 400,000$ 2,131,000
COMMUNITY SERVICES (5001)
PROMOTIONAL ACTIVITIES
4851Culture/Recreational Programming$ 110,000$ 135,000$ 245,000
Total Community Services$ 110,000$ 135,000$ 245,000
PUBLIC WORKS/TRANSPORTATION (5401)
OTHER CHARGES & SERVICES
4301/4320Utilities - Water and Electric$ 380,000$ 150,000$ 530,000
$ 380,000$ 150,000$ 530,000
NON-DEPARTMENTAL (9001)
COMMUNICATIONS SERVICES
4101Telephone$ 105,000$ 115,000$ 220,000
Total Non-Departmental$ 105,000$ 115,000$ 220,000
NON-DEPARTMENTAL (9001)
OTHER OPERATING EXPENSES
5950COVID-19 Disaster Supplies$ -$ 200,000$ 200,000
Total Non-Departmental$ -$ 200,000$ 200,000
OBJECT2020/212020/212020/21
CODEADOPTEDAMENDEDREVISED
NO.CATEGORY RECAPAMOUNTAMOUNTBUDGET
COMMUNITY SERVICES - CAPITAL OUTLAY (8050)
CAPITAL IMPROVEMENTS
6327Peace Park Improvements$ 150,000$ 45,000$ 195,000
Total Community Services Capital Outlay$ 150,000$ 45,000$ 195,000
PUBLIC WORKS/TRANSPORTATION - CAPITAL OUTLAY (8054)
TRANSPORTATION
6341Transportation System Improvements$ -$ 175,000$ 175,000
Total Public Works/Transportation Capital Outlay$ -$ 175,000$ 175,000
CAPITAL OUTLAY (8090)
NON-DEPARTMENTAL
6999Capital Reserve$ 14,714,304 $ (220,000)$ 14,494,304
Total Capital Outlay$ 14,714,304 $ (220,000)$ 14,494,304
TOTAL AMENDMENTS - EXPENDITURES$ 1,267,000
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: October 1, 2021
SUBJECT: Ordinance Amending Chapter 36,Article II of the City's Police Officers'
Retirement Plan in Accordance with Changes Contained in a
Memorandum of Understanding Between the City and the Dade
County Police Benevolent Association
1st Reading October 5, 2021 City Commission Meeting Agenda Item 6
2"1 Reading November 2, 2021 City Commission Meeting Agenda Item 9
RECOMMENDATION
It is recommended the City Commission adopt the attached Ordinance amending Chapter
36, Article II of the City's Police Officers' Retirement Plan (the "Plan") in accordance with
changes contained in a Memorandum of Understanding ("MOU") between the City and
the Dade County Police Benevolent Association (the "Union").
BACKGROUND
The City and the Union recently agreed to a MOU wherein the parties agreed to amend
the Plan to allow members to buy-back service credits for periods of law enforcement and
correctional institution employment with a prior employer at no cost to Aventura.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO2013-21
CITY OF AVENTURA ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN
AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED
IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; BY
AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING 36-27
"BUY-BACK FOR MILITARY SERVICE" TO EXPAND BUY-BACK OF
SERVICE CREDITS TO INCLUDE LAW ENFORCEMENT AND
CORRECTIONAL OFFICER SERVICE; PROVIDING FOR REPEAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension
plan for its certified police officers, which is known as the City of Aventura Police Officers'
Retirement Plan (the "Plan"), and which is codified in Chapter 36 of the City Code; and
WHEREAS, the City and the Dade County Police Benevolent Association (the
"Union") recently tentatively agreed to a Memorandum of Understanding ("MOU")wherein
the parties agreed to amend the Plan to permit its members to buy-back service credits
for periods of law enforcement and correctional institution employment with a prior
employer; and
WHEREAS, the Plan should be amended to conform with the collectively
bargained changes to the Plan as set forth in the MOU; and
WHEREAS, prior to Second Reading of this Ordinance, the City Commission
received and reviewed an actuarial impact statement concerning said changes and finds
that it is in the best interest of the City and its employees to amend the Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA':
Section 1. That each of the above-stated recitals are hereby adopted and
confirmed.
' Words in sfFikee type are deletions from existing text and word in underline type are additions to existing text.
City of Aventura Ordinance No. 2021-
Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-22, "Definitions," of the City Code of Ordinances be amended as
follows:
Sec. 36-22. - Definitions.
Buy-Back shall mean the purchase of credited service under the plan for
periods of a member's prior active duty service in the Armed Forces of the
United States, prior law enforcement service for an employer prior to being
employed by the City of Aventura or prior correctional officer service for an
employer prior to being employed by the City.
Section 3. That Chapter 36 "Retirement," Article II "Police Pension Plan and
Trust Fund," Section 36-27, "Buy-back for military service,"of the City Code of Ordinances
be amended as follows:
Sec. 36-27. — Buy-back for military service, prior law enforcement or
correctional officer service.
(b) Any member of the plan who is employed by the City shall be entitled
to buy-back service credits for the periods of public law enforcement
employment with another employer, with a lifetime maximum of four
(4) years of service credits, if:
M The police officer's previous law enforcement experience was as
a full time sworn law enforcement officer in the employ of a state,
a political subdivision thereof, or with the federal government. For
purposes of determining credit for prior service, in addition to
service in this state, credit may be purchased for federal, other
state, municipal or county service as long as such service is
recognized by the Criminal Justice Standards and Training
Commission within the Department of Law Enforcement as
provided under F.S. ch. 943, or for time served with the Seminole
or Miccosukee Tribes as a Florida police officer, or the member
provides proof to the Board of Trustees that such service is
equivalent to the service required to meet the definition of a police
officer under F.S. $ 185.0206).
Page 2 of 8
City of Aventura Ordinance No. 2021-
The cost of prior service credit is paid, which shall be the full
actuarial cost of all prior service credit purchased hereunder
computed as a lump sum payment into the plan that would have
occurred had the member been employed by the City of Aventura
as a police officer, for the period of prior service credit purchased.
A nonrefundable payment is made for the costs of all professional
services (e.g., actuarial calculations) rendered to the Board and
administrative costs in connection with the purchase of years of
credited service.
The buy-back request is made only once if followed by the
purchase, and the purchase timely paid in full before retirement
or entering the DROP, based on a lump sum or a required
installment payoff schedule. Installment payments shall be made
through a payroll deduction in accordance with Section 414(h) of
the Internal Revenue Code. The payments shall be treated as
tax-deferred picked up contributions. Contributions shall
continue until death, disability or termination of service,
whichever shall occur first. If the member cannot the pay the
remainder balance upon separation, he shall have the option to
receive either prorated credit for the service purchased to date
or a refund of amounts already paid to date without any service
credit. Any payoff schedule shall require the execution of an
irrevocable authorization form specifying the amount of the
Payment and the duration of the authorization. The specified
amount shall be determined by the Alan's actuary to be sufficient
to pay the entire actuarial cost of the purchase within the specified
duration of the payment authorization, which duration shall not
extend beyond the earliest date upon which the employee would
become eligible for normal retirement under Section 36-26. The
amount provided in the payment authorization shall include
interest, as calculated by the Alan's actuary, at the retirement
Alan's actuarially assumed rate of return on investments.
Such service credit is counted as continuous service for purposes
of benefit calculations, but not for purposes of vesting or eligibility
for benefits under this Retirement Plan.
(c) Any member of the plan who is employed by the City shall be entitled
to buy-back service credits for the periods of correctional institution
employment with another employer, with a lifetime maximum of four
(4) years of service credits, if:
Page 3 of 8
City of Aventura Ordinance No. 2021-
M The police officer's previous correctional institution experience
was as a full time correctional officer in the employ of the state, a
political subdivision thereof, or by any private entity which has
contracted with the state or county, and whose primary
responsibility is the supervision, protection, care, custody, and
control, or investigation, of inmates within a correctional
institution: however, the position must not have included any
secretarial, clerical, or professionally trained personnel.
The police officer's previous correctional institution experience
was as a full-time state correctional probation officer whose
Primary responsibility was the supervised custody, surveillance,
and control of assigned inmates, probationers, parolees, or
community controllees within institutions of the Department of
Corrections or within the community. A correctional probation
officer also includes supervisory personnel whose duties include,
in whole or in part, the supervision, training, and guidance of
correctional probation officers, but excludes management and
administrative personnel above, but not including, the probation
and parole regional administrator level.
For purposes of determining credit for prior service, in addition to
service in this state, credit may be purchased for other state,
municipal or county service as long as such service is equivalent
to the service required to meet the definition of a correctional
officer or correctional probation officer under F.S. $ 943.10(2) and
943.10(3), respectively.
The cost of prior service credit is paid, which shall be the full
actuarial cost of all prior service credit purchased hereunder
computed as a lump sum payment into the plan that would have
occurred had the member been employed by the City of Aventura
as a police officer, for the period of prior service credit purchased.
A nonrefundable payment is made for the costs of all professional
services (e.g., actuarial calculations) rendered to the Board and
administrative costs in connection with the purchase of years of
credited service.
The buy-back request is made only once if followed by the
purchase, and the purchase timely paid in full before retirement
Page 4 of 8
City of Aventura Ordinance No. 2021-
or entering the DROP, based on a lump sum or a required
installment payoff schedule. Installment payments shall be made
through a payroll deduction in accordance with Section 414(h) of
the Internal Revenue Code. The payments shall be treated as
tax-deferred picked up contributions. Contributions shall
continue until death, disability or termination of service,
whichever shall occur first. If the member cannot the pay the
remainder balance upon separation, he shall have the option to
receive either prorated credit for the service purchased to date
or a refund of amounts already paid to date without any service
credit. Any payoff schedule shall require the execution of an
irrevocable payroll deduction authorization form, specifying the
amount of the deductions and the duration of the authorization.
The specified amount shall be determined by the plan's actuary
to be sufficient to pay the entire actuarial cost of the purchase
within the specified duration of the payroll deduction
authorization, which duration shall not extend beyond the earliest
date upon which the employee would become eligible for normal
retirement under Section 36-26. The amount provided in the
Payroll deduction authorization shall include interest, as
calculated by the Alan's actuary, at the retirement plan's
actuarially assumed rate of return on investments.
M Such service credit is counted as continuous service for purposes
of benefit calculations, but not for purposes of vesting or eligibility
for benefits under this Retirement Plan.
M_Ld) A member who is receiving, or will receive the pension benefit for
military service, prior law enforcement or correctional institution
experience in any other pension plan supported by public funds,
excluding a military pension, may not use that service for
purchased prior service pursuant to this section for this Pension
Plan-: provided, a member may make a direct transfer of eligible
rollover distributions of all or any portion of the balance in
another eligible retirement plan that is attributable to such other
prior law enforcement or correctional institution experience to
purchase additional service, in accordance with section 36-
27(e). The. , and shall execute a Board-provided form
acknowledging the same.
(e) The Plan fund will accept member rollover cash contributions
and/or direct cash rollovers of distributions for the purchase of
service as authorized under Section 36-27, as follows:
Page 5 of 8
City of Aventura Ordinance No. 2021-
(1) Direct rollovers or member rollover contributions from other
plans. The fund will accept either a direct rollover of an eligible
rollover distribution or a member contribution of an eligible
rollover distribution from a qualified plan described in section
403(a) of the Internal Revenue Code, from an annuity contract
described in section 403(b) of the Internal Revenue Code, or from
an eligible plan under section 457(b) of the Internal Revenue
Code, which is maintained by a state, political subdivision of a
state, or any agency or instrumentality of a state or political
subdivision of a state.
(2) Member rollover contributions from 401(a) plans and IRAs. The
fund will accept a member rollover contribution of the portion of a
distribution from a qualified plan described in section 401(a) of
the Internal Revenue Code, or from an individual retirement
account or annuity described in section 408(a) or 408(b) of the
Internal Revenue Code, that is eligible to be rolled over.
Section 4. Repeal. All sections or parts of sections of the Code of Ordinances
of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts
of resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
Section 5. Severability. Should any section or provision of this Ordinance, or
any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a
part hereof, other than the part declared to be invalid.
Section 6. Inclusion in the Code. It is the intention of the City Commission of
the City of Aventura that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Aventura and that the sections of this
Ordinance may be renumbered or relettered and the word "ordinance" may be changed
to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 7. Effective Date. This Ordinance shall be effective upon passage by
the City Commission on second reading.
Page 6 of 8
City of Aventura Ordinance No. 2021-
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Dr. Marks 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 Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks 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
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED on first reading on this 5t" day of October, 2021.
PASSED AND ADOPTED on second reading on this 2nd day of November, 2021.
Page 7 of 8
City of Aventura Ordinance No. 2021
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 8 of 8