11-01-2022 Regular Commission Meeting Agenda City Manager
City ConHnission Ronald J.Wasson
]Enid Weisman,Mayor
Rachel S.Friedland,Commissioner City Clerk
13i11 Joel,Commissioner Ellisa L.Horvath,MMC
Denise Landman,Commissioner
Dr.Linda Marks,Commissioner City Attorney
Marc Narotsky,Commissioner Weiss Scrota Hellman
Robert Shelley,Commissioner ��u� Cole&Bierman
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CITY COMMISSION
REGULAR MEETING AGENDA
November 1, 2022
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENT OF VICE MAYOR
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS:
• Recognition for Years of Service on the Aventura City Commission:
Mayor Enid Weisman
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
• Proclamation
• Employee Service Awards
• Aventura City of Excellence School Update
• Don Soffer Aventura High School Update
6. CONSENT AGEN DA: Matters included under the Consent Agenda are self-explanatory and are not expected
to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission,
that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the
consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the
approval of the consent agenda.
A. APPROVAL OF MINUTES:
• October 3, 2022 City Commission Regular Meeting
• October 20, 2022 City Commission Regular Workshop
Aventura City Commission Regular Meeting Agenda
November 1, 2022
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE CITY OF AVENTURA 2023 LEGISLATIVE PROGRAM
AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE SPENDING PLAN APPROVED BY THE CITY
COMMISSION AS DETAILED IN RESOLUTION 2022-15 AND AMENDED IN
RESOLUTION 2022-33 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF
TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA);
AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO
INCLUDE EMPLOYEE BONUSES, ADDITIONAL CLEANING SERVICES,
ADDITIONAL FUNDING FOR SEAWALL REPLACEMENT/REPAIR AND
REALLOCATION OF FUNDS FOR PREMIUM PAY; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, TERMINATING THE EXISTING SHUTTLE SERVICE CONTRACT
WITH RTW MANAGEMENT; APPROVING A CONTRACT WITH LIMOUSINES
OF SOUTH FLORIDA, INC. ("LSF") CONSISTENT WITH THE TERMS AND
CONDITIONS SET FORTH IN ITS PROPOSAL IN RESPONSE TO BID NO 20-10-17-
3; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR
THE CONTRACT;PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR
AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT
WITH FREEBEE, LLC.; AUTHORIZING THE CITY MANAGER TO PURCHASE
TWO ADDITIONAL TESLA VEHICLES FROM THE VENDOR; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND ENTER
INTO THE COLLECTIVELY BARGAINED CONTRACT BETWEEN THE CITY OF
AVENTURA AND THE SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION,
WHICH CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY
MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, DESIGNATING THE NAME UPTOWN AVENTURA TO REFER TO
THAT AREA OF THE CITY LOCATED NORTH OF NE 213n' STREET AND WEST
OF BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda
November 1, 2022
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.
RESOLUTION/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-144(C)(2)(K)OF THE CITY CODE OF ORDINANCES,TO PERMIT
THE ESTABLISHMENT OF A SYNAGOGUE IN THE COMMUNITY BUSINESS
(112) DISTRICT FOR THE PROPERTY LOCATED AT 3585 NE 207 STREET,
CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES — FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2021-17 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2021/2022 FISCAL YEAR BY REVISING THE
2021/2022 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: None.
10. RESOLUTION/PUBLIC INPUT:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING THE POSITION OF CITY CHAPLAIN TO SERVE AT
THE DISCRETION OF THE CITY COMMISSION FOR AN INDEFINITE TERM;
APPOINTING RABBI GUIDO COHEN TO HOLD THE POSITION AS THE FIRST
CITY CHAPLAIN; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR
AN EFFECTIVE DATE.
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 INAUGURATION CEREMONY—NOVEMBER 15,2022 AT 7 PM
COMMISSION REGULAR WORKSHOP—NOVEMBER 17, 2022 AT 2 PM
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Aventura City Commission Regular Meeting Agenda
November 1, 2022
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.
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CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: October 28, 2022
SUBJECT: Approval of Minutes
November 1, 2022 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 3, 2022 City Commission Regular Meeting
• October 20, 2022 City Commission Regular Workshop
Should you have any questions, please contact me.
/elh
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
OCTOBER 3, 2022
6:00 p.m.
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
Weisman at 6.07 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Denise Landman, Commissioner Rachel S. Friedland,
Commissioner Billy Joel, Commissioner Dr. Linda Marks', 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 Alec Friedland.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr.
Wasson removed Item 8 from the agenda for review at a future meeting.
4. SPECIAL PRESENTATIONS:
• Proclamations/Special Recognitions: Mayor Weisman, accompanied by the
City Commission, presented the following: Special Recognition to Khambrel Miller,
Proclamation to Rabbi Guido Cohen, Proclamation to Dr. Marc A. Saltzman, and
Proclamation to Dr. Michael J. Braun. The Proclamation for Edwin Scheer (Barrio Latino)
was noted as he was not in attendance.
• Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala,
accompanied by student Aviva Zippin provided a brief report on ACES.
• Don Soffer Aventura High School Update: Principal Dr. Geoff McKee,
accompanied by Athletic Director Emilee Norris, provided a brief report on DSAHS. Based
on feedback from the Commission, activities planned for seniors for October 13t" will be
moved to October 14tn
• Presentation of Plans for Founders Day Event: Community Services
Director Kimberly Merchant provided an overview of the items planned for Founders Day,
' Participated via virtual communications media technology.
Aventura City Commission Regular Meeting Minutes
October 3, 2022
as approved by the Community Services Advisory Board, including the following:
Activities & Attractions, Community Stage Schedule of Acts, Map of Park, and
Transportation & Parking Plan. Evan Ross, Public Communicators Group LLC, provided
the Marketing Plan. The Commission provided positive comments, with a request that the
item be placed on the Workshop Agenda for further review and discussion.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
A motion to approve the items on the Consent Agenda was offered by Commissioner
Friedland, seconded by Commissioner Shelley, and passed unanimously by roll call vote.
The following action was taken:
A. Minutes approved as follows:
• September 13, 2022 City Commission First Budget Hearing
• September 13, 2022 City Commission Regular Meeting
• September 22, 2022 City Commission Special Meeting
• September 22, 2022 City Commission Regular Workshop
• September 22, 2022 City Commission Second Budget Hearing
B. Resolution No. 2022-59 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO
EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF
HIALEAH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Motion approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $16,000.00 FOR
POLICE SOFTWARE FROM THE POLICE FEDERAL FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
D. 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.
E. Motion approved as follows:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL
REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE
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Aventura City Commission Regular Meeting Minutes
October 3, 2022
FISCAL YEAR ENDED J[JNE 30, 2022 AND TO ACCEPT FOR FILING THAT
LETTER DATED SEPTEMBER 13, 2022 ATTACHED HERETO AS ATTACHMENT
1.
F. Motion approved as follows:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL
REPORT FOR THE DON SOFFER AVENTURA HIGH SCHOOL FOR THE FISCAL
YEAR ENDED J[JNE 30, 2022 AND TO ACCEPT FOR FILING THAT LETTER
DATED SEPTEMBER 14, 2022 ATTACHED HERETO AS ATTACHMENT 1.
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers
reviewed the quasi-judicial procedures for the item and Mrs. Horvath administered the
oath to all those wishing to offer testimony.
RESOLUTION/PUBLIC HEARING:
Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO
SECTION 31-143(F) OF THE CITY CODE OF ORDINANCES,TO ALLOW: (1)A
HEIGHT OF 26 STORIES AND 295 FEET FOR A MULTIFAMILY
RESIDENTIAL BUILDING, WHERE THE CITY CODE PERMITS 25 STORIES
AND 250 FEET; (2) A BUILDING IN THE RMF4 DISTRICT TO CAST A
SHADOW UPON A PROPERTY LOCATED WITHIN A BUSINESS ZONING
DISTRICT; (3)A DENSITY OF 56 UNITS PER ACRE,WHERE THE CITY CODE
PERMITS 45 UNITS PER ACRE; AND (4) A CERTIFIED GREEN BUILDING
WITH A FLOOR AREA RATIO OF 4.3, WHERE THE CITY CODE PERMITS A
FLOOR AREA RATIO OF 2.0, ALL FOR THE PROPERTY LOCATED AT 2785
NE 183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Joel and seconded
by Vice Mayor Landman.
Community Development Director Keven Klopp reviewed the item and recommended
approval of the conditional use request, subject to the conditions as outlined, for land
located at 2785 NE 183rd Street to facilitate development of a residential project. Review
included the following: location of property, background, present request, standards of
review, roadway capacity, ingress/egress, recommendation subject to seven conditions,
and next steps. A change to the language for the third condition was pointed out, which
provides for the first payment due upon the issuance of the Temporary Certificate of
Occupancy for the project for the contribution toward the expansion of the City's Freebee
circulator service (or similar City sponsored transportation service).
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Aventura City Commission Regular Meeting Minutes
October 3, 2022
The following provided comments on behalf of the Applicant (Brian Adler on behalf of
Owners Tanglewood WIB, LLC; Tanglewood JAK, LLC; Kimali Properties, LLC and Kerrin
Properties, LLC) and Contract Purchaser (GOT183, LLC): Brian Adler, Esq. (Bilzin
Sumberg Baena Price & Axelrod, LLP — 1450 Brickell Avenue, 23,d Floor, Miami).
The Commission discussed the item including the following: following a different
certification other than the LEED certification, submittal of a full traffic impact study,
bicycle parking plan as a condition, and sharing the plans with the Commission and City
to address traffic during construction. The construction staging plan will be presented to
the City Commission at a Workshop for approval.
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 by roll call vote and Resolution No.
2022-60 was adopted.
7. ORDINANCES — FIRST READING/PUBLIC INPUT: None.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: The following item
was removed from the agenda as noted earlier in the meeting:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 4, "ALCOHOLIC BEVERAGES," SECTION 4-2, "LOCATION OF
ESTABLISHMENTS,"OF THE CITY OF AVENTURA CODE OF ORDINANCES
TO PROVIDE FOR ADMINISTRATIVE REVIEW AND APPROVAL OF
ALCOHOLIC BEVERAGE PERMITS, AND APPEAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTION/PUBLIC INPUT: None.
10. REPORTS:
Vice Mayor Landman reported on the success of the recent Share-the-Road Bike Event
and thanked those who participated. She also discussed an upcoming Town Hall meeting.
Commissioner Dr. Marks requested a report at the October Workshop on the plans for
Veterans Day.
Mayor Weisman discussed the upcoming ballot referendum to raise the salaries for
teachers, including charter schools, and encouraged everyone to vote. Mr. Meyers will
provide the state statute that allows members of the Commission to individually voice
their opinion on items.
Mayor Weisman sent prayers to the victims of Hurricane Ian. Those celebrating Rosh
Hashanah were wished a happy new year.
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Aventura City Commission Regular Meeting Minutes
October 3, 2022
11. PUBLIC COMMENTS: No members of the public provided comments.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by
Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 7:20
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 1, 2022.
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AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
OCTOBER 20, 2022
9:00 a.m.
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 9.03 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise
Landman, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner
Dr. Linda Marks, Commissioner Marc Narotsky', Commissioner Robert Shelley2, 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. Presentation: Freebee (City Manager): Mr. Wasson provided opening remarks
and introduced Jason Spiegel, Freebee Co-Founder and Managing Partner.
Mr. Spiegel reviewed information on the Freebee program including the following: recent
ventures, making vehicles smarter, update on the first 15 months of service, Aventura
being the highest in demand program in South Florida, history of service, ridership growth
and demographics, challenge/opportunities, and an appropriate level of service that the
City deems satisfactory.
The City Commission discussed the following items: sending positive messages
regarding ride requests, wait times, number of people in vans versus Tesla cars, handling
negativity created by wait times, communication of the Freebee program as a choice with
a minimum wait of 30 minutes, review of data, use as an amenity not an Uber, number of
trips to the Aventura Mall, great service, meeting with Jackie Soffer regarding a
partnership with the mall for the program, and adding vehicles during peak hours to meet
demand.
City Manager Summary: It was the consensus of the City Commission to place a
Resolution on the November 1, 2022 City Commission Meeting Agenda amending the
contract by adding two more Tesla cars. Mr. Wasson was also directed to meet with the
local businesses within two weeks that may be interested in becoming partners in the
program by adding their own Freebee vehicles.
' Left the meeting at 11:38 a.m.during additional items discussed.
2 Participated via virtual communications media technology.
Aventura City Commission
Regular Workshop Minutes—October 20, 2022
3. Presentation: Veterans Days/Founders Day (City Manager): Mr. Wasson
introduced Maria Leiva, Community Program Manager — Community Service
Department, to provide the presentation.
Ms. Leiva reviewed the program for the Veterans Day Ceremony scheduled for November
11, 2022 at 10:00 a.m. at Aventura Government Center. Evan Ross, Public
Communicators Group LLC, provided information on marketing and community outreach
via emails and social media.
The City Commission provided feedback on ways to improve the distribution of
information regarding the event and discussed a car parade.
Ms. Leiva reviewed the plans for the 27t" Annual Founders Day scheduled for November
13, 2022 from noon to 5 p.m. at Founders Park including the following: Activities &
Attractions, Community Stage Schedule of Acts, Map of Park, and Transportation &
Parking Plan.
The City Commission provided positive feedback on the items scheduled for children, but
discussed the possibility of adding entertainment geared more towards adults at 5 p.m.
Additional comments included having bigger rides, placing the item on the Commission
Workshop in the summer for further review for the next event, providing a fast-pass
system, adding a dunk tank, and the possibility of restricting access to Aventura residents.
Commissioner-Elect Michael Stern provided information on prior concerts held and a
system used by the Community Services Department Director similar to the fast-pass
concept.
Evan Ross, Public Communicators Group LLC, reviewed the Marketing Plan including
videos to be filmed and attracting media attention.
The City Commission requested that the poster for the event be more vibrant.
Commissioner-Elect Michael Stern provided information on the upcoming trunk-or-treat
event through the Police Panel working with the City and benefitting the Police
Foundation.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to provide information within five business days addressing the City
Commission's comments for Founders Day.
4. Discussion: City's Legislative Program and Priorities for Upcoming Session
(City Manager): Mr. Wasson reviewed the proposed Legislative Program and Priorities
for 2023.
The Commission discussed the items listed on the Program and Priorities, as well as the
addition of items relating to insurance prices, legislation impacting condominiums,
increasing the amount requested for new seawalls and prioritizing the list.
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Aventura City Commission
Regular Workshop Minutes—October 20, 2022
City Manager Summary: It was the consensus of the City Commission to proceed
with a resolution for the item as discussed and presented, with the addition of the following
to the document: listing the items in order of priority, adding items for the State to get
involved with setting insurance prices for buildings/individuals and for legislation
impacting condominiums, as well as increasing the amount requested for financial
assistance for the seawall project listed.
5. Discussion: Revision of the American Rescue Plan Act (ARPA) Spending
Plan for the City's Human Resources, Non-Departmental, Public Works, Parks and
Recreation, and Police Departments (City Manager): Mr.Wasson discussed the ARPA
money allocated to the City in the amount of$18,525,074 and reviewed the summary of
recommended changes to the ARPA spending plan as outlined in the agenda.
City Manager Summary: It was the consensus of the City Commission to proceed
with a resolution for the item on the November 1, 2022 City Commission Meeting Agenda
for the revision to the ARPA Spending Plan as outlined.
6. Discussion: Termination of Existing Shuttle Bus Service with RTW (City
Manager): Mr. Wasson discussed the need to terminate the contract with RTW
Management due to the inability to negotiate costs for the reduced shuttle service needed.
A reduced service contract with the second lowest bidder (Bid No. 20-10-17-3),
Limousines of South Florida, was recommended.
City Manager Summary: It was the consensus of the City Commission to proceed
with a resolution for the item on the November 1, 2022 City Commission Meeting Agenda
for the contract with Limousines of South Florida as outlined.
7. Discussion: Date Change for the November 3, 2022 Commission Workshop
(City Manager): Mr. Wasson suggested, based on prior discussions, that the November
Commission Workshop be changed to a later date.
City Manager Summary: It was the consensus of the City Commission to change
the November 3rd Commission Workshop to November 17, 2022 at 2:00 p.m.
8. Discussion: Work Authorization No. 2022-043508139-001 Don Soffer
Aventura High School Weight Room Workshops (City Manager): Mr. Wasson
discussed the need for a weight room at the high school and the opportunity to provide
that, as well as additional space for the high school and the parks and recreation
department, through the construction of a new building in place of the existing one at
Waterways Park.
The City Commission provided positive feedback for a new building with three stories if
possible, presenting options to the next City Commission, providing a cohesive plan for
the school system, and using an architect that specializes in schools.
Amit Bloom, Aventura resident, provided comments.
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Aventura City Commission
Regular Workshop Minutes—October 20, 2022
City Manager Summary: It was the consensus of the City Commission to proceed
with looking at expanding with a three-story building.
9. Discussion: Placement of Items on Commission Agendas (City Manager):
Mr. Wasson discussed the prior procedures adopted for Commission Agendas and a
recent issue on whether or not consensus was required at a Workshop for an item to
proceed for placement on a Commission Regular Agenda.
The City Commission suggested that such procedures be reviewed every 5-10 years.
Mr. Meyers suggested that any future resolution also include a process for Commission
Workshop agendas.
City Manager Summary: It was the consensus of the City Commission for the
new City Commission to review the item.
10. Discussion: Establishing the Position of Aventura Chaplain (City Manager):
Mr. Wasson reported that most municipalities had a City Chaplain and suggested that the
position be created at the City of Aventura.
The City Commission discussed the creation of a City Chaplain, appointing Rabbi Guido
Cohen as the first Chaplain, and whether or not enrollment preference should be provided
for the designated Chaplain's children to attend the City's schools.
Mr. Meyers provided comments on the creation of the position, without the designation of
a certain religion.
Mayor-Elect Howard Weinberg and Commissioner-Elect Michael Stern provided
comments on their experiences with the lottery for ACES.
Mayor Weisman requested that the item move forward as two separate resolutions to the
November 1, 2022 Commission Meeting Agenda for a vote.
City Manager Summary: Mr. Meyers will provide two resolutions (1. a resolution
creating the Chaplain position and appointing Rabbi Guido Cohen to the position and 2.
a resolution providing an enrollment preference to the children of the person serving as
the City Chaplain to attend the City's schools) for the City Commission's consideration at
the November 1, 2022 City Commission Meeting.
11. City Clerk's Annual Review: The City 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 2% salary adjustment and an annual performance bonus of$8,000.
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Aventura City Commission
Regular Workshop Minutes—October 20, 2022
The following additional items were discussed:
Bernardo Rieber, Architect — Arquitectonica, discussed the 1212 Aventura project and
suggested that 214t" Street be renamed Uptown Street.
The City Commission discussed renaming the street and the possibility of renaming the
area "Uptown Aventura."
Mr. Wasson provided the process to follow to rename the area (Aventura approval) and
to rename the street (Aventura and Miami-Dade County approval).
City Manager Summary: It was the consensus of the City Commission to proceed
with renaming the area "Uptown Aventura" and the street "Uptown Street."
Mr. Wasson reported on the placement of the item regarding a color palate for City
buildings on the next Commission Workshop and re-scheduling the Special Workshop on
current zoning and development. He also provided updates on the pickleball courts, new
programs starting for seniors, and land for a third school at Gulfstream. He will look into
providing continuity for the City's signs and the timing for the light at 30t" and 207t".
Mr. Meyers reported on a challenge to a recent Aventura Special Magistrate ruling
regarding a short term rental and the upcoming mandatory mediation regarding it. An
update will be provided in November or December.
12. Adiournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 11:52 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 1, 2022.
Page 5 of 5
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager (9L
DATE: October 28, 2022
SUBJECT: Resolution Approving Legislative Program and Priorities for 2023
November 1, 2022 City Commission Meeting Agenda Item 6B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving the
Legislative Program and Priorities for 2023. The document includes items discussed at
the October Workshop Meeting.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03004-22
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2023
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 2023 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 #3) 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 Rachel S. Friedland
Commissioner Billy Joel
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 #3 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 Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2022-
PASSED AND ADOPTED this 1st day of November, 2022.
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 ICie
� r � r
of EXCe
2023
Mayor Enid Weisman
Commissioner Rachel S. Friedland
Commissioner Billy Joel
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
2023
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 funding insurance assistance programs for property owners
facing substantial premium increases.
2. Support Legislation granting additional time for HOAs and condominium
associations to conduct reserve studies to analyze the association's finances in
order to set aside funds to cover the cost of major repairs.
3. 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.
4. Support Legislation to expressly mandate the Department of Education (DOE) to
allow municipal charter school governing boards act as the Local Educational
Authority (LEA) for the singular purpose of processing federal ESSR grant funds
for their schools, eliminating long reimbursement times and streamlining the
process of allocating these funds for use in the schools.
5. Support the home rule powers of local government.
6. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
7. Support legislation to increase financial support for Charter schools.
8. Increase educational funding levels for Miami-Dade County Traditional and
Charter public schools in order to meet per pupil State Constitutional requirements.
9. Amend State law allowing a more economical method of advertising for a public
hearing relating to Comprehensive Plan adoption and / or amendments.
10. Adopt the 2022 Policy Statement of the Florida League of Cities as applicable to
the City of Aventura.
11. On a state-wide level, ban the use of handheld phones by persons operating motor
vehicles, but allowing hands free phone devices.
12. Preserve municipal authority for red light camera safety programs.
13. Support initiatives to address the impact of rising seas on the South Florida area.
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
($750,000).
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: October 28, 2022
SUBJECT: Revision of the American Rescue Plan Act (ARPA) Spending Plan for
the City's Human Resources, Non-Departmental, Public Works, Parks
and Recreation and Police Departments
November 1, 2022 City Commission Meeting Agenda Item 6C
RECOMMENDATION
It is recommended that the City Commission modify the ARPA spending plan that was
passed and adopted through Resolution No. 2022-15 on February 1, 2022 and amended
through Resolution No. 2022-33 on April 5, 2022.
BACKGROUND
As part of the American Rescue Plan Act (ARPA), the U.S. Department of the Treasury
launched the Coronavirus State and Local Fiscal Recovery Funds, which provides $350
billion in emergency funding for eligible state, local, territorial, and tribal governments.
The intent of these funds is to aid and assist eligible governmental entities in recovery
efforts resulting from the economic fallout of the COVID-19 pandemic.
The City of Aventura's allocation is $18,525,074. This funding covers all qualifying
expenditures on or after March 3, 2021. All funds must be obligated by December 31,
2024, and expended by December 31, 2026.
On February 1, 2022, the City Commission passed and adopted a resolution authorizing
the spending plan prepared by the City Manager.
On April 5, 2022, the City Commission passed and adopted a resolution authorizing the
amendments prepared by the City Manager.
Below is a summary of the changes to the ARPA project plan by department:
Human Resources
Per the City Commission's request at the Budget Workshop held on July 21, 2022, a one-
time bonus is being given to all full-time and part-time employees of the City in FY
2022/23. Employee bonuses are pro-rated based on the employment time at the City
during the prior fiscal year, FY2021/22. The bonuses that can be funded by the ARPA
grant, for essential workers, are included in this amendment.
Total HR Bonus cost to be funded by the ARPA grant is $669,167.
Community Services
Employee premium pay was paid in the Human Resources Premium Pay/Incentive
line item and not out of the Premium Pay budgeted in the Community Services
Department.
Total amount returned to ARPA fund = ($40,108).
Police Department
Employee premium pay for non-sworn employees was paid in the Human
Resources premium Pay/Incentive line item and not out of the Premium Pay
budgeted for non-sworn employees in the Police Department.
Total amount returned to ARPA fund = ($24,000).
Non-Departmental
Additional cleaning services in the Community Center, City Parks and Police Department
have occurred due to the COVID-19 pandemic. This amendment includes funding for
additional cleaning services through June 2023.
Total Non-Departmental cost to be funded by the ARPA grant is $58,000.
Public Works Department
The Yacht Club Drive seawall is scheduled for repair/replacement during FY 2022-23.
This project was originally budgeted for $500,000. The total cost to repair and replace
the seawall is $2.2 million. Grants from DERM and the state totaling $950,000 were
allocated to the City for this project. The project will replace a 45-year-old existing
seawall. These repairs/replacements will be a continuation of the repairs to the portion
of seawall that collapsed in 2019.
Total Seawall Cost $2,200,000
(Less: Grants) (950,000)
(Less: Original Budget) (500,000)
Total amendment needed $ 750,000
Total Seawall cost to be funded by the ARPA grant is an additional $750,000.
The Stormwater Pipe replacement project on 34t" Street was originally budgeted for
$1,750,000, however as services were contracted, the total project cost was determined
to come in at a lower cost of$1,250,000.
Total amount returned to ARPA fund = ($500,000).
Fiscal Impact
If approved, these projects will be funded by the ARPA grant which would then be
allocated as follows:
City's total ARPA allocation $18,525,074
Spending Plan approved on 2/1/2022 14,412,653
Spending Plan amendments on 4/5/2022 662,647
Additional project as listed above 1,477,167
Removal of projects as listed above (564,108)
Total spending plan as of 11/2022 $15.988.359
Remaining ARPA funds to allocate $ 2,536,715
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED
BY THE CITY COMMISSION AS DETAILED IN RESOLUTION 2022-15
AND AMENDED IN RESOLUTION 2022-33 FOR THE EXPENDITURE OF
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE
AMERICAN RESCUE PLAN ACT (ARPA), AUTHORIZING THE CITY
MANAGER TO UTILIZE RECOVERY FUNDS TO INCLUDE EMPLOYEE
BONUSES, ADDITIONAL CLEANING SERVICES, ADDITIONAL
FUNDING FOR SEAWALL REPLACEMENT/REPAIR AND
REALLOCATION OF FUNDS FOR PREMIUM PAY; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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 (the"Allocation")and anticipates disbursing the second installment in August
2022; and
WHEREAS, at the November 2, 2021 City Commission meeting, the Commission
passed a Resolution accepting the Allocation and approved the American Rescue Plan
Act Coronavirus Local Fiscal Recovery Agreement with the State of Florida; and
WHEREAS, at the February 1, 2022 City Commission meeting, the Commission
approved a spending plan for a sizeable portion of the Allocation, with estimated costs for
each item, subject to revision and reprogramming, but not to exceed the total Allocation;
and
WHEREAS, at the April 5, 2022 City Commission meeting, the Commission
approved an amended spending plan for a portion of the Allocation, with estimated costs
for each item, subject to revision and reprogramming, but not to exceed the total
Allocation; and
WHEREAS, the City Manager wishes to amend the Spending Plan to utilize funds
for projects attached hereto as Exhibit "A" in an amount which does not exceed the total
Allocation approved by the City Commission at the February and April meetings; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City of Aventura.
City of Aventura Resolution No. 2022-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Amended Spending Plan Approved. That the City Commission
hereby approves the amended Spending Plan submitted by the City Manager, in
substantially the form attached hereto as Exhibit "A.".
Section 3. Human Resources Employee Bonuses Approved. That the City
Commission hereby directs the City Manager to utilize Fiscal Recovery Funds to give
employee bonuses to each qualifying employee; pro-rated based on length of service
during FY2021/22.
Section 4. Additional Cleaning Services Approved.That the City Commission
hereby directs the City Manager to utilize additional Fiscal Recovery Funds to cover the
estimated costs of additional cleaning services for the Community Recreation Center, City
Parks and Police Department.
Section 5. Seawall Replacement/Repair Approved. That the City
Commission hereby directs the City Manager to utilize additional Fiscal Recovery Funds
to cover the estimated costs of the seawall replacement on Yacht Club Drive.
Section 6. Stormwater Pipe Replacement— 34t" Street Approved. That the
City Commission hereby directs the City Manager to reallocate the funds from the above
project as the revised project estimate decreased from the original amount.
Section 7. Parks and Recreation Premium Pay Approved. That the City
Commission hereby directs the City Manager to reallocate the funds from the above
project as it was paid to employees out of the Human Resources premium pay/incentive
project.
Section 8. Police Premium Pay— Non Sworn Employees Approved. That the
City Commission hereby directs the City Manager to reallocate the funds from the above
project as it was paid to employees out of the Human Resources premium pay/incentive
project.
Section 9. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purposes of this Resolution.
Page 2 of 3
City of Aventura Resolution No. 2022-
Section 10. Effective Date. That this Resolution shall take effect immediately
upon its passage and 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 Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of November, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
City of Aventura
Amendment to Spending Plan for American Rescue Plan funding
October 2022
EXHIBIT A
Spending Plan
estimated cost Estimated Cost Amended project
Department Description (approved 2/2022) (10/2022) cost
Human Resources Premium Pay/Incentive 124,600 793,767 $ 669,167
Non-Departmental Additional Cleaning Services - 58,000 58,000
Public Works Seawall replacement/repair 500,000 1,250,000 1 750,000
Public Works Stormwater pipe replacement-34th 1,750,000 1,250,000 (500,000)
Parks and Rec 1premium Pay 40,108 - (40,108)
Police JEmployee premium pay-non sworn employees 24,000 (24,000)
Additional projects for ARPA spending plan-October 2022 $ 1,477,167
Projects to remove from ARPA spending plan-October 2022 $ (564,108)
Spending plan approved February 1,2022 $ 14,412,653
Spending plan amendment April 5,2022 $ 662,647
Total Allocation Approved with Spending Plan as Amended $ 15,988,359
Total allocation $ 18,525,074
Remaining funds to allocate $ 2,536,715
CITY OF "ENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager (9L
BY: Joseph S. Kroll, Public Works/Transportation Director
DATE: October 28, 2022
SUBJECT: Termination of Existing Shuttle Service (RTW) and Utilizing Second
Bidder Limousines of South Florida (LFS) to Resume Shuttle Service
Schedule from Bid No. 20-10-17-3 - City of Aventura Municipal Transit
Services
November 1, 2022 City Commission Meeting Agenda Item 6D
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution terminating
the existing Shuttle Service Contract with RTW and utilizing the second bidder
Limousines of South Florida (LFS) from Bid No. 20-10-17-3 City of Aventura Municipal
Transit Services to resume the shuttle service schedule, for the negotiated amount for the
reduced routes.
BACKGROUND
In order to implement the Commission-approved transportation plan, staff attempted to
negotiate with our primary shuttle bus contract provider to reduce the City shuttle bus
routes, but was unable to come to any agreement for reasonable costs. On September
19, 2022, a letter for termination of the contract was sent to RTW effective October 16,
2022.
The City reached out to the second lowest bidder from the Shuttle Service RFP,
Limousines of South Florida (LSF), and was able to secure significantly better pricing than
RTW for the 3 routes.
JSK/gf
Attachments: Contract for LSF
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, TERMINATING THE EXISTING SHUTTLE
SERVICE CONTRACT WITH RTW MANAGEMENT; APPROVING A
CONTRACT WITH LIMOUSINES OF SOUTH FLORIDA, INC. ("LSF")
CONSISTENT WITH THE TERMS AND CONDITIONS SET FORTH IN ITS
PROPOSAL IN RESPONSE TO BID NO 20-10-17-3; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR THE
CONTRACT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City notified RTW Management ("RTW'), the current provider of
shuttle bus services in the City that the City was not satisfied with the level of service
delivered by RTW; and
WHEREAS, the City and RTW met in an effort to address these performance
issues but were unable to reach an agreement to the satisfaction of the City; and
WHEREAS, the City has the right to terminate the agreement due to contractor
non-performance but recognizes it needs to identify a substitute service provider to avoid
a disruption in shuttle bus services; and
WHEREAS, Limousines of South Florida, Inc. (`LSF"), submitted a proposal in
response to Bid No. 2010-17-3 and was the second-ranked proposer; and
WHEREAS, the City and LSF have negotiated an agreement to provide said
shuttle bus services for the remainder of the contract term; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said contract to LSF to deliver such services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the contract for BID NO. 20-10-17-3, CITY OF AVENTURA
MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE SERVICE is hereby
City of Aventura Resolution No. 2022-
awarded to Limousines of South Florida, Inc. (LSF), as negotiated for the reduced service
price as contained in the attached documents for the remainder of contract term.
Section 2. That the City Manager is hereby authorized to execute a contract
with LSF embodying the terms and conditions agreed to by the Parties for the balance of
the contract term.
Section 3. That the City Manager is hereby authorized and to take all necessary
actions necessary to implement this Resolution
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of implementing this Resolution shall be from Budget Line Item Number
account no. 120-5401-541.34-55.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of November, 2022.
Page 2 of 3
City of Aventura Resolution No. 2022-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
EN
NOTICE OF AWARD
TO: Mark Levitt October 16,2022
Vice President
Limousines of South Florida, Inc.,
3300 SW 11 Avenue
Fort Lauderdale, Fl 33315
PROJECT DESCRIPTION:Municipal Transit Services;Bid No.20-10-17-3;in accordance with Contract
Documents as prepared.
The CITY has considered the Bid submitted by you for the above described WORK in response to its
Advertisement for Bid and Instruction to BIDDERS.
You are hereby notified that your Bid has been accepted to provide service for Municipal Transit Services;Bid
No. 20-10-17-3 per City Resolution # per hour rate of$69.94 that with an estimate annual
amount of$807,387.36.
You are required by the Instruction to BIDDERS to execute the Agreement and furnish the required
CONTRACTOR'S Performance Bond, and Certificates of Insurance within ten(10)days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said Bond and/or Certificate of Insurance within ten(10)
days from the date of this Notice,said CITY will be entitled to disqualify the Bid,revoke the award and retain the
Bid Security.
BY:
Ronald J. Wasson
TITLE: CITY MANAGER
Dated this day of 12022
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
Printed Name
this the day of 12022
SIGN BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the CITY.
AGREEMENT
THIS AGREEMENT, made and entered into on this _16 day of_October_, 2022, by and
between Limousines of South Florida,Inc.,Party of the First Part, and The City of Aventura,Parry
of the Second Part:
WITNESETH:
That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second
Party as follows:
1. That the First Party shall furnish all the materials, and perform all of the Work in manner and
form as provided by the following enumerated Documents, which are attached hereto and
made a part hereof, as if fully contained here:
Advertisements For Bids
Instruction To Bidder
Bid Form
Award Preference for Identical Tie Bids
Bid Bond
Subcontractors
Bidder Qualification Statement
Non - Collusion Affidavit
Request for Taxpayer Identification Number
And Certificate
Sworn Statement Pursuant To Florida
Section 287.133 (3)(a), Florida Statutes On
Public Crimes
Scrutinized companies Pursuant to Section
287.135, Florida Statues
Notice of Award
Agreement
Performance Bond
OSHA Acknowledgment
Technical Specifications
Supplementary Technical Specifications
As Referred To: Bid Manual
2. That the First Party shall commence the Municipal Transit Services to be performed on a date
to be specified in a written order of the Second Party and shall be complete all Work
hereunder within the lengths of time stipulated in Bid.
4. Contract Terms: The City of Aventura hereby requests bids for an initial period of one (1)
years for Municipal Transit Services. In addition, the City reserves the right to extend this
contract for two (2) additional one (1) year terms, providing both parties agree, that all the
terms, conditions and specifications (except for the itemized and unit prices as contained in
the Schedule of Values, which shall be negotiated in good faith) remain the same and the
extension is approved by the City Manager.
3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of
this Agreement in accordance with the unit pricing provided in the Bid Form in lawful money
of the United States, the amount of:
Eight Hundred Seven Thousand Three Hundred Eighty-Seven and Thrity-six cent
(Written Dollar Amount)
Dollars ($ 807,387.36 ), Lump Sum.
4. In the event that the Contractor shall fail to complete the Work as set forth in the Contract
Documents, the Contractor shall have twenty-four (24) hours to bring said work up to the
standard set forth in the Contract Documents. If the Contractor fails to accomplish this, the
City may complete the work itself or by hiring another contractor. The cost of completing
said work will be deducted from Contractor's monthly bill.
5. It is further mutually agreed between the parties hereto that if, at any time after the execution
of this Agreement and the Surety Bond hereto attached for its faithful performance and
payment, the Second Party shall deem the Surety or Sureties upon such bond to be
unsatisfactory, or if,for any reason such bond ceases to be adequate to cover the performance
of the Work,the First Party shall, at its expense within 5 days after the receipt of notice from
the Second Party so to do, furnish an additional bond or bonds in such form and amount and
with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no
further payment to the First Party shall be deemed to be due under this Agreement until such
new or additional security for the faithful performance of the Work shall be furnished in
manner and form satisfactory to the Second Party.
6. No additional Work or extras shall be done unless the same shall be duly authorized by
appropriate action by the Party of the Second Part.
7. City may terminate this Agreement at any time, in its sole discretion upon thirty (30) days
advance written notice.
This Section Intentionally Left Blank
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first
above written, in two(2)counterparts, each of which shall,without proof or accounting for the other
counterpart be deemed an original Contract.
WITNESSES: CONTRACTOR:
BY:
NAME:
TITLE:
OWNER: City of Aventura
BY:
NAME: Ronald J. Wasson
TITLE: CITY MANAGER
AUTHENTICATION:
BY:
NAME: Ellisa L. Horvath, MMC
TITLE: CITY CLERK
APPROVED AS TO FORM:
BY:
NAME:
TITLE: CITY ATTORNEY
END OF SECTION
PERFORMANCE BOND FOR MUNICIPAL TRANSIT SERVICES
CONTRACT
KNOWING ALL MEN BY THESE PRESENTS, that Limousines of South
Florida, Inc., As Principal, and , as Surety, are
held and firmly bound unto City of Aventura, Florida (herein"'the Obligee's in the penal
sum of Eight Hundred Seven Thousand Three Hundred Eigthy-Seven and Thirty-Six
cents ($ 807,387.36 ) dollars lawful money of the United States of America for the
payment of which sum of money, the principal and the Surety bind themselves, their heirs,
executors, administrators, successors and assigns,jointly and severally and firmly by these
presents:
WHEREAS, the principal has contracted with the Obligee to provide Municipal
Transit Services, pursuant to contract of Bid #20-10-17-3; awarded on
2020 Resolution # (the "Contract';
WHEREAS, pursuant to the Contract, the Principal is required to provide to
Obligee a guarantee for the full and faithful performance by Principal of the Obligations
imposed by this Contract.
NOW, THEREFORE, the conditions of this Bond are such, that if the above
bounded Principal shall in all respects comply with the terms and conditions of the Contract
and Principal's obligations thereunder, and shall indemnify and save harmless the said
Obligee against or from all costs, expense, damage, injury, or loss to which the said
Obligee may be subjected by reason of any wrongdoing, misconduct, want of care or skill,
negligence or default on the part of said Principal, its agents or employees, in the
performance of the Contract, then this Bond shall be void, otherwise to remain in full force
i n effect.
This Bond shall remain in full force and effect for a period commencing upon the
effective date October 16, 2022 of the Contract and ending October 15, 2025 one
(1) years thereafter, with two additional one (1) year extension available after termination
or expiration of the Contract. All suits at law or in equity to recover on this Bond must be
instituted within twelve (12) months after the expiration of the Bond as referred to
hereinabove.
IN WITNESS WHEREOF, the said Limousines Of South Florida, Inc, ,
As Principal herein has caused these presents to be signed in its name by
its President or Vice President and attested by
, its Secretary or Assistant Secretary under its
Corporate Seal, and the said , as
Surety herein has caused these presents to be signed in its name by
, its Attorney-in-Fact, and its Corporate Seal duly
attached by , its Attorney-in-Fact,
hereunto affixed this day of , in the year 2022.
ATTEST CONTRACTOR
BY:
BY:
TITLE
(SEAL)
------------------------------------------------------------------------------------------------------
ATTEST:
BY:
BY:
TITLE SURETY
(SEAL) BY:
ATTORN EY-I N-FACT
BY:
Registered Florida
Agent for Surety
Approved as to form and sufficiency
By City Attorney on behalf of the
Obligee City this day of
in the year 2022.
BY:
City Attorney
ACKNOWLEDGMENT OF CONFORMANCE
WITH OSHA STANDARDS
TO The City of Aventura
We hereby acknowledge and
Limousines of South Florida, Inc. agree that as Contractors
(Prime Contractor)
for City of Aventura Municipal Transit Services, Bid No. 20-10-17-3, as specified, have the
sole responsibility for compliance with all the requirements of the Federal Occupational
Safety and Health Act of 1970, and all State and local safety and health regulations, and
agree to indemnify and hold harmless the City of Aventura against any and all liability,
claims, damages losses and expenses they may incur due to the failure of
(Subcontractor's Names)
to comply with such act or regulation
CONTRACTOR
ATTEST:
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: October 28, 2022
SUBJECT: Addition of Two (2) Tesla Vehicles to the City of Aventura
On-Demand Transportation Service
November 1, 2022 City Commission Meeting Agenda Item 6E
RECOMMENDATION
It is recommended that the City Commission approve Amendment 2 of the Freebee
contract to add 2 additional Tesla vehicles to the City's on-demand transportation service.
BACKGROUND
Per Commission direction at the October 20, 2022 Commission workshop, an amendment
to the on-demand service contract with Freebee will add 2 additional Tesla vehicles to
bring the City fleet to a total of 10 vehicles (2 vans and 8 Teslas). In addition, the
amendment also adds an advertising discount for each Tesla vehicle. The original
contract includes an advertising discount on the 2 vans.
Fiscal Impact
The 2 Teslas will cost $20,373.16/per month or $244,477.92 per year.
The advertising discount for each Tesla is $19,000/year. The total advertising discount
for the 8 Teslas is $152,000/ year.
The net total cost per year for all 10 vehicles is $95,738.82 per month or
$1,148,865.80 per year.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE SECOND AMENDMENT TO
THE AGREEMENT WITH FREEBEE, LLC.; AUTHORIZING THE CITY
MANAGER TO PURCHASE TWO ADDITIONAL TESLA VEHICLES
FROM THE VENDOR; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in February 2021, the City received proposals from two on-demand
service providers and entered into a one-year pilot program with Freebee, LLC.
("Freebee") to provide fully electric buses available to residents in a predetermined zoned
boundary; and
WHEREAS, at the February 1, 2022 City Commission meeting, the Commission
approved expanding the on-demand service to the entire City in two phases and ordered
four additional Tesla cars and two electric buses from Freebee to satisfy the demand for
this service; and
WHEREAS, based on the City Manager's monitoring of ridership levels and
requests for the service since the fleet increased, the City Manager is recommending that
two more Tesla vehicles should be added to the fleet, bringing the total number of cars
and buses supplied by Freebee to ten (eight Tesla cars and two buses); and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to approve the City Manager's recommendation to enter into a second
amendment to the agreement with Freebee to order two additional vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. Second Amendment to Agreement Approved. That the City
Commission hereby approves the City Manager's Second Amendment to the Agreement
attached hereto as Exhibit "A".
Section 3. Purchases Approved. That the City Commission hereby approves
the purchase of two additional electric Tesla vehicles.
Section 4. City Manager Authorized. That the City Manager is hereby
authorized to take all necessary steps to implement this Resolution.
City of Aventura Resolution No. 2022-
Section 5. Effective Date. That this Resolution shall become effective upon its
passage.
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 Rachel S. Freidland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of November, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
SECOND AMENDMENT TO AGREEMENT
CITY OF AVENTURA
AND
BEEFREE, LLC DB/A FREEBEE
THIS SECOND AMENDMENT TO AGREEMENT (this "Second Amendment ") is entered
into this day of , 2022, by and between the CITY OF AVENTURA,
FLORIDA,a Florida municipal corporation(hereinafter the"City"), and BEEFREE,LLC DB/A
FREEBEE, a Florida limited liability company (hereinafter the"Contractor").
It is mutually understood and agreed by and between the undersigned contracting parties to amend
the previously executed Agreement as follows:
1. Agreement, Section 12.1 is deleted in its entirety and replaced with the following:
12.1 The term of this Agreement shall commence January 1 st, 2023, through December
31st, 2025, thereafter, unless earlier terminated in accordance with Section 12.2 herein.
Additionally, the CITY Manager may renew this Agreement for two (2) additional one (1) year
periods on the same terms as set forth herein upon written notice to the CONTRACTOR.
2. Exhibit A, Rates and Services Addendum, Section 2 (a), Services. is deleted in its
entirety and replaced with the following:
(a) FREEBEE will provide two (2) "Freebee" XL Van vehicles and eight (8) Tesla
Model X dedicated to CITY (the "Vehicles") for the duration of the Term. Both XL Van
Vehicles dedicated to CITY will be wheelchair accessible, and FREEBEE will otherwise
use its best efforts to be and remain in compliance with all Americans with Disabilities Act
("ADA") requirements. FREEBEE shall be responsible for providing appropriate training
to its drivers who will be operating the wheelchair accessible Vehicle, including but not
limited to, training as to the operation of the ramping system and securing of wheelchairs.
3. Exhibit A, Rates and Services Addendum, Section 3, Rates is deleted in its entirety
and replaced with the following:
(a) The total payment for the Services to be provided under this Addendum shall not
exceed One Million, One Hundred and Forty Eight Thousand, Eight Hundred and Sixty-
Five Dollars and 80 cents ($1,148,865.80), with includes a guaranteed advertising subsidy
of$200,000, as stipulated under Section 5(d) and 5(e) herein.
1 of 3 Amendment#2
(b) The breakdown for the Services charge is as follows:
i. Two (2) XL Vehicles
ii. Eight(8) Tesla Model X Vehicles
iii. Service: Monday through Sunday 7:00 am 11:00 p.m.
iv. Ninety-Eight(98) Hours of labor per XL Van Vehicle weekly and 70 hours
of labor per Testa Model X Vehicles (weather and conditions permitting)
v. Cost: $1,148,865.80 Annually
4. Exhibit A, Rates and Services Addendum, Section 4, Payment Terms is deleted in its
entirety and replaced with the following:
Payment Terms. CITY agrees to pay the Rates in monthly installments, as follows:
(a) Twelve (12) payments of approximately $95,738.82 per month, payable on or
before the 15th of each month, beginning upon delivery and deployment of the vehicles as
set forth in Section 2 above.
5. Exhibit A, Rates and Services Addendum, Section 5,Additional Terms item d. and e.
are deleted in its entirety and replaced with the following:
(d) Subject to the $24,000 per vehicle advertising discount provided annually to the
CITY, FREEBEE may enter into separate agreements with advertisers for the placement
of advertisements on its XL Van Vehicles at any time during the Term. All advertising
must be approved by the CITY in writing prior to the placement of any advertising on the
XL Van Vehicles. Any advertising revenue generated from the sale of advertising on the
Vehicles during the Term shall be retained 100% by FREEBEE.
(e) Subject to the $19,000 per vehicle advertising discount provided annually to the
CITY, FREEBEE may enter into separate agreements with advertisers for the placement
of advertisements on its Testa X Vehicles at any time during the Term. All advertising
must be approved by the CITY in writing prior to the placement of any advertising on the
Testa X Vehicles. Any advertising revenue generated from the sale of advertising on the
Vehicles during the Term shall be retained 100% by FREEBEE.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their
duly authorized representatives, effective as of the date first written above.
City of Aventura: Contractor:
Ronald J. Wasson Signature
City Manager
2 of 3 Amendment#2
Attest:
Printed Name
Ellisa L. Horvath, MMC
City Clerk Title
Approved as to Legal Sufficiency:
Weiss Serota Helfinan Cole&Bierman, P.L.
City Attorney
Addresses for Notice: Addresses for Notice:
City of Aventura Beefree, LLC d/b/a Freebee
Attn: City Manager Managing Partner
19200 W. Country Club Drive Attn: Jason Spiegel
Aventura, FL 33180 2312 N Miami Avenue
305-466-8910 (telephone) Miami, FL 33127
WassonR@cityofaventura.com (email) jason@ridefreebee.com
With a copy to:
Weiss Serota Helfinan Cole&Bierman, P.L.
City of Aventura Attorney
200 E Broward Blvd 41900, Fort Lauderdale, FL 33301
rmeyers@wsh-law.com (email)
3 of 3 Amendment#2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager (9L
DATE: October 28, 2022
SUBJECT: Tentative Agreement between the City of Aventura and the
South Florida Police Benevolent Association
November 1, 2022 City Commission Meeting Agenda Item 6F
RECOMMENDATION
It is recommended that the City Commission approve the changes to the various
ARTICLES as outlined below that will be incorporated into the Agreement between the
City of Aventura and the South Florida Police Benevolent Association (PBA)for the period
of October 1 , 2022 —September 30, 2025. The bargaining unit voted on October 27, 2022
agreeing to these changes.
BACKGROUND
The City's negotiating team consisting of Brett Schneider - City's Labor Attorney (Weiss
Serota Helfman Cole & Bierman), Finance Director Melissa Cruz, Chief of Police Michael
Bentolila, Assistant Manager Bryan Pegues and myself met with the PBA Attorneys and
the Police Department's Union Delegates to negotiate a successor 3-year Collective
Bargaining Agreement (CBA) for the period of October 1 , 2022 — September 30, 2025.
The Meetings were held at the City of Aventura Government Center on:
• June 17, 2022
• July 7, 2022
• August 23, 2022
• September 6, 2022
• October 13, 2022
All of the meetings were cordial and productive and as a result of them, a tentative
Agreement has been reached with the PBA, subject to the approval of the City
Commission. Listed below, you will find a brief summary of the substantive proposed
changes to the CBA and the financial impact of the changes in the first year of the
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Agreement, if applicable. Please Note: There was only one minor change to the
agreement that was different from the presented contract changes at the Commission
Executive Session held on August 12, 2022. The City was still able to stay within the
budget allowed for the entirety of the proposed contract.
ARTICLE 10 — Salaries:
• Calls for a 3% increase in salaries for police officers and sergeants, retroactive to
the first full pay period starting in October 2022.
• Calls for a 3% increase in salaries for police officers and sergeants, beginning the
first full pay period starting in October 2023.
• Calls for a 3% increase in salaries for police officers and sergeants, beginning the
first full pay period starting in October 2024.
(Financial Impact - $ 245,425 )
• A one-time lump sum payment of $5,000.00 is to be paid on or before November
30th and shall not be added to base wage and shall not be pensionable.
(Financial Impact - $ 460,000)
ARTICLE 12 — Rules, Directives, and Personnel Policies:
The City would agree to copy the PBA 7 days before the implementation of major changes
to Policies, Procedures, and General Orders when feasible.
(Financial Impact — N/A)
ARTICLE 13 — Grievance Procedures:
The City agrees to modify Section #1 to ensure internal investigations are conducted in
conformance with the Law Enforcement/Correction Officers Bill of Rights for any
bargaining unit member under investigation which could lead to disciplinary action.
(Financial Impact - N/A to the City)
ARTICLE 16 - Work Week and Overtime
The City agrees to allow a member to accumulate/carry over a maximum of 160 hours of
compensatory time on an annual basis. The previous maximum amount was 130 hours.
(Financial Impact - N/A)
ARTICLE 17 — Off-Duty Police Work:
Calls for an increase to the hourly rates for off-duty officers and supervisors on non-
holidays and holidays are as follows:
Non-holidays
• Officers from $45/hour to $50/hour.
• Supervisors from $50/hour to $55/hour.
• The City's administrative fee will remain at $8/hour. Should the vendor pay more
than $50/hour, (i.e., an event held outside the City), the employee shall be paid the
total amount paid by the vendor, less the $8/hour administrative fee.
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Holidays
• Officers from $65/hour to $75/hour.
• Supervisors from $75 to $80/hour.
(Financial Impact - N/A to the City, as the financial impact is incurred by the Vendor)
ARTICLE 18 — Equipment and Maintenance:
Any uniform equipment issued by Aventura Police Department including sunglasses,
eyeglasses, and handcuffs damaged or broken in the line of duty not due to the
employee's neglect or carelessness to be replaced or repaired at no cost to the employee.
Financial Impact - N/A to City)
ARTICLE 21 — Holiday Leave:
City agrees to modify Section #3 to include members who are out on an "On — the -job -
injury" to be eligible for Holiday Pay.
(Financial Impact - will depend on the number of officers out with LOD injury, but is
deemed to be immaterial to the City)
ARTICLE 25 — Group Insurance:
Effective September 30, 2025 — Last day of the CBA, when a bargaining unit member
separates from service under normal retirement criteria, they will receive a $200/month
stipend (to be used for health insurance premiums or prescription medications) until they
reach age 65.
(Financial Impact - N/A as this change does not go into effect until the very last day of the
tentative CBA)
City agrees to modify Section #1 and cover 70% of all officers' dependent health
insurance coverage regardless of hire date.
(Financial Impact - $50,000)
ARTICLE 26 — Promotion Procedures:
The promotion eligibility list for qualified sergeant candidates will be extended from 1 year
to 18 months.
Financial Impact - N/A.
ARTICLE 28 — Sick Leave:
Calls for a simplification and change to the Sick Leave Pay-Out schedule for retiring
members or members separating from the Aventura Police Department from the current
"two-tier" system to a one-tier system for all members as follows:
• Less than 1 year 0%
• 1 through 5 years 10%
• 5 through 10 years 50%
• 10 through 15 years 75%
• Over 15 years 100%
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The Maximum Number of Sick Leave Hours that may be paid out will be increased from
750 to 850 hours for members with more than 15 years of service and 850 to 950 for
members with more than 22.5 years of service.
(Financial Impact - $34,000)
ARTICLE 30 — Take Home Vehicle Police
City agrees to modify Section #2 and allow members to run permitted errands outside of
the city to and from work so long as it takes place within 90 minutes of traveling to or from
work. The privilege may be rescinded for an individual member who violates this section.
(Financial Impact - N/A)
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CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND ENTER INTO THE COLLECTIVELY BARGAINED
CONTRACT BETWEEN THE CITY OF AVENTURA AND THE SOUTH
FLORIDA POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT
SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER
AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
PROVIDING FOR IMPLEMENTATION; 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 Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized to execute and enter into said Collective Bargaining Agreement with
the South Florida Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Agreement described in Section
1 above and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon the
execution of the Agreement by the City Manager and the South Florida Police Benevolent
Association, with certain sections retroactive to October 1, 2022, as set forth in the
attached Agreement.
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 Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2022-_
PASSED AND ADOPTED this 1st day of November, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION
October 1, 2022 to September 30, 2025
Table of Contents
Page Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition 2
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Dues Deductions 4
ARTICLE 5 Management Rights 6
ARTICLE 6 PBA Business 8
ARTICLE 7 PBA Representation 9
ARTICLE 8 No Strike 11
ARTICLE 9 Legal Representation 13
ARTICLE 10 Salaries 14
ARTICLE 11 Severability Clause and Zipper Clause 17
ARTICLE 12 Rules, Directives and Personnel Policies 18
ARTICLE 13 Grievance Procedure 19
ARTICLE 14 Seniority 24
ARTICLE 15 Labor— Management Committee 26
ARTICLE 16 Workweek and Overtime 27
ARTICLE 17 Off-Duty Police Work 29
ARTICLE 18 Equipment and Maintenance 30
ARTICLE 19 Personnel Records 32
ARTICLE 20 Bereavement Leave 33
ARTICLE 21 Holiday Leave 34
ARTICLE 22 Personal Leave 35
ARTICLE 23 Training 36
ARTICLE 24 Transfers, Shift Change and Substitutions 37
ARTICLE 25 Group Insurance 38
ARTICLE 26 Promotion Procedures 39
ARTICLE 27 Probationary Employees 40
ARTICLE 28 Sick Leave 41
ARTICLE 29 Pension Plan 43
ARTICLE 30 Take Home Police Vehicle Policy 46
ARTICLE 31 Workers' Compensation Fraud 47
ARTICLE 32 Drug and Alcohol Testing 48
ARTICLE 33 Reopening of Negotiations 58
ARTICLE 34 Court Time 59
ARTICLE 35 Term of Agreement 60
EXHIBIT A Salary Plan 61
ARTICLE 1
Preamble
This Agreement is entered into this day of , 2022 by and
between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the South Florida
Police Benevolent Association hereinafter referred to as "PBA" or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well-being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
1
ARTICLE 2
Recognition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15, 1999).
Included: Sworn police personnel of the ranks of Police Officer and
Police Sergeant.
Excluded: All other Department employees.
2
ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of
employees to become members of PBA, or to refrain from such activities and that
there shall be no discrimination, interference, restraint or coercion by the parties
against any employee because of membership or non - membership.
3
ARTICLE 4
Dues Deductions
Section 1. PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
4
pay period, if available wages are not sufficient to cover the full dues deduction,
no deduction shall be made. In this connection all legally required deductions
have priority over dues.
5
ARTICLE 5
Management Rights
Section 1. The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct,
and totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, lay off, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police
Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed
by the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures
of positions or employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by
which operations are to be conducted.
0) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(1) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m) To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to exercise
those rights and powers incidental thereto, including the right to make unilateral
changes when necessary.
(o) Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations.
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 3. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
7
ARTICLE 6
PBA Business
Section 1. The City shall provide PBA with a bulletin board. A copy of
all notices or bulletins of the PBA that are to be posted shall be submitted to the
City Manager, or designee. There shall be no other general distribution or posting
by employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs;
(e) Notices of Collective Bargaining Agreement ratification meetings; and
(f) Minutes of Association Meetings.
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
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ARTICLE 7
PBA Representation
Section 1. Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City. The City agrees
to alter or flex the schedule of any PBA representative to allow the
representatives to attend bargaining sessions on duty regardless of shift, so long
as it does not create an overtime situation or cost to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3. After securing permission from the Police Chief or his
designee, PBA representatives and agents may be permitted to discuss PBA
grievances with members during their duty hours provided such discussions shall
not interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged
as necessary between the officers of the PBA and the City Manager or Police
Chief upon the request of either party. PBA representatives shall be limited to not
more than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
9
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
Section 6. Off-duty time spent on negotiations or grievances shall not
be deemed "hours worked" as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
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ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
11
Article and the law by remaining at work during any interruption which may be
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
City.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Legal Representation
Section 1. Whenever a civil suit in tort is brought against an employee
for injuries or damages suffered as a result of any act, event, or omission of
action which is alleged to have occurred while the employee was on duty or
acting within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad
faith or with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety or property, the City shall undertake the
defense of the employee as required by law. Said defense shall cease upon
judicial finding, or finding by the City, that the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
13
ARTICLE 10
Salaries
Section 1. All police officers and sergeants employed by the City as of
the date of ratification of this Agreement shall receive: (a) a three percent (3.0%)
cost of living increase retroactive to the first full pay period starting in October
2022; and (b) a lump sum payment of $5,000.00 to be paid on or before
November 30, 2022, which payment shall not be added to an employee's base
wage and shall not be pensionable.
Section 2. All police officers and sergeants employed by the City on
October 1, 2023 shall receive a three percent (3%) cost of living increase
beginning the first full pay period starting in October 2023.
Section 3. All police officers and sergeants employed by the City on
October 1, 2024 shall receive a three percent (3.0%) cost of living increase
beginning the first full pay period starting in October 2024. Exhibit A to this
Agreement sets forth the salary plan for officers and sergeants resulting from the
foregoing cost of living increases.
Section 4.
(a) All employees covered by this Agreement, provided that they have
earned a quality point average on their evaluation of 3.5 or more shall be eligible
for a merit salary increase, (move to the next step in the pay plan) except as
provided in Section (b) herein, on the employee's anniversary date. The
anniversary date shall be defined as the employee's entrance date into his/her
present position. Any employee who fails to receive a quality point average of
3.5 or more shall be reevaluated in sixty days. If the employee then receives a
rating of 3.5 or more the employee shall receive his/her merit increases.
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(b) Employees covered by this Agreement, who reach the maximum
step of their respective salary plans shall not be eligible for merit/step increases.
(c) The City will make all efforts to have all evaluations completed no
later than 14 days after an employee's anniversary date.
Section 5. Promotions. In the event of a promotion, an employee will
be placed in the minimum pay step of his/her promoted position or the next
highest step which will be no less than a 5.0% increase, in his/her present salary
whichever affords the employee a higher increase.
Section 6. Salary Ranges. All employees covered by this Agreement,
hired after October 1, 2013, shall receive the minimum salary step, as outlined in
the Salary Schedule outlined herein for their appropriate position classification
upon his/her original appointment or based on their previous experience as a
police officer may be slotted in the pay plan as approved by the City Manager.
Section 7. Detectives. An employee assigned as a Detective by the
Police Chief, including those Detectives assigned to the Crime Suppression Unit
and those Detectives detached to work with another agency, shall receive a pay
incentive of$50.00 per week. Employees serving in a Detective capacity serve in
said capacity at the pleasure of the Police Chief. No grievance proceeding may
be filed by an affected employee when said employee's Detective capacity is
terminated.
Section 8. Field Training Officer. An employee assigned as a Field
Training Officer by the Police Chief, including those employees assigned full time
to the training bureau, shall receive a pay incentive of $40.00 per week.
Employees serving in a Field Training Officer capacity serve in said capacity at
the pleasure of the Police Chief. No employee grievance may be filed by an
15
affected employee when said employee's Field Training Officer capacity is
terminated.
Section 9. K-9 Officer and Swat Team. An employee assigned as a K-
9 Officer by the Police Chief shall receive a pay incentive of $40.00 per week. An
employee assigned as a member of the SWAT team by the Police Chief shall
receive a pay incentive of $20.00 per week. Employees serving in said capacity
serve at the pleasure of the Police Chief. No employee grievance may be filed by
an affected employee when said employee's capacity is terminated.
Section 10. Traffic Unit, SRO and Marine Patrol. An employee assigned
to the traffic unit, SRO or Marine Patrol by the Police Chief shall receive a pay
incentive of $25.00 per week. Employees serving in said capacities shall service
at the pleasure of the Police Chief. No employee grievance may be filed by an
affected employee when said employee's capacity is terminated.
Section 11. Shift Differentials. Employees regularly assigned to the
midnight shift (10 pm to 8 am) shall receive a pay incentive of$100.00 per month
and employees regularly assigned to the afternoon shift (2 pm to 12 am) shall
receive a pay incentive of$50.00 per month.
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ARTICLE 11
Severability Clause And Zipper Clause
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2. The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and-contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
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ARTICLE 12
Rules, Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the General Orders issued by the Chief of Police and they
shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and General
Orders shall be copied to the PBA, and any such changes that have a major
impact on bargaining unit members shall be provided to the PBA at least seven
days prior to implementation. This shall not be deemed, nor is intended to be a
waiver of the PBA's right to demand impact bargaining where appropriate.
Section 2. In the event of any conflict between the terms of this
Agreement, the APDP, Police Procedures, or the Personnel Policies, this collective
bargaining agreement shall supersede to the effect that the inconsistent terms and
conditions of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The City shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
Section 5. Upon the death of an officer in the line-of-duty, the City will
assume and pay all costs of the bargaining unit member's funeral and burial (or
cremation).
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ARTICLE 13
Grievance Procedure/Internal Investigations
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
An aggrieved employee may elect to resolve his/her grievance through the
grievance procedure provided in this Agreement or through the City's Employee
Concern Procedure as set forth in Chapter 4 of the City's Personnel Policies.
However, only one of the above procedures may be used. Once a grievance is
filed under one of these procedures, all other appeal procedures are forfeited.
Grievances relating to alleged violations of the specific terms of this
Agreement filed in accordance with this Article shall be processed in the following
manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally
to his immediate supervisor within ten (10) days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within seven (7) calendar days
of the time when it was first presented to him, or failing in that, must within that
time advise the employee of his inability to do so. Such contact between the
employee and supervisor shall be on an informal basis.
Section 3. Formal Grievance Procedure
Step 2
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If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within ten (10) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant.
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PBA within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or his/her designee may conduct a meeting with the grievant and his/her
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render his/her decision on the
grievance in writing to the aggrieved employee and PBA.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
20
decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee shall conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time
limits provided shall be deemed permanently withdrawn as having been settled on
the basis of the decision most recently given. Failure on the part of the City to
answer within the time limits set forth in any step will entitle the employee to
proceed to the next step. The time periods contained herein may be mutually
waived or extended due to unforeseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6. In the event a grievance relating to the interpretation of this
Agreement or relating to a disciplinary matter involving termination of employment,
demotions for non-probationary employees, or suspensions of two (2) days or
more, processed through the grievance procedure has not been resolved at Step 4,
the City or the PBA may submit the grievance to arbitration within ten (10) calendar
21
days after the City Manager (or a designee) renders a written decision on the
grievance, or the due date of that decision if no written decision is made. An
individual bargaining unit member may not proceed to arbitration without the
consent of the PBA. Matters relating to assignment, hiring, promotion, demotion of
probationary employees, suspensions less than two (2) days and other discipline
not involving a loss of pay shall not be subject to arbitration and the City Manager's
decision shall be final and binding. Grievance concerning suspensions of two (2) or
more days, demotions of non-probationary employees and terminations of
employment may be initiated in writing at Step 4, provided that they are filed with
the City Manager within ten (10) days of the date on which the employee is notified
of the discipline.
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
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Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within thirty (30) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
Part 2 — Internal Investigations
Section 1. All investigations of employees where the employee may be
subject to disciplinary action shall be conducted in accordance with the Law
Enforcement Officers and Correctional Officers' Bill of Rights, F.S. 112.531
through 112.535, as amended from time to time.
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ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment within a
particular job classification or rank. Seniority shall accumulate during absence
because of illness, injury, vacation, military leave, or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same department. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves the right
to make necessary changes based on operational necessity.
Section 3. No new Police Officer shall be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
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as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time.
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ARTICLE 15
Labor-Management Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee may meet and confer regarding any issues related to
the Police Department, that either party would like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for the
exchange of suggestions and recommendations. The Labor-Management
Committee may meet at mutually agreeable times, but not more than once a
month.
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ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour work week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave shall mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken in accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will be calculated in conformance
with the Federal Fair Labor Standards Act.
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Sick leave shall not be counted as hours worked for the computation
of overtime.
(b) Time spent on private duty details shall not be included.
(c) The work week, until changed by management (which is a
management right) upon due notice to the member employees, shall commence
Monday and terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. Officers on
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probation or assigned as K9 officers may not bid the Mall shift. Patrol shifts will not
adopt back to back shifts.
Section 5. Bargaining unit employees will be given seven (7) days notice of
any change in their regular hours of work except where an emergency exists.
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act and City policy concerning compensatory time
off. The maximum accumulation of compensatory time is 160 hours on an
annual basis. An employee may cash in up to 60 hours per year provided
notification is received by the Police Chief by November 1 for December 1 pay
out. Upon resignation or termination of employment, all compensatory time
remaining to an employee's credit shall be compensated in cash.
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ARTICLE 17
Off-Duty Police Work
Section 1. Off-duty police work as authorized by the Police Chief shall be
compensated at the rate of not less than fifty dollars ($50.00) per hour for all
bargaining unit members. There shall be an administrative fee of no less than eight
dollars ($8.00) per hour charged by the City. Should the vendor pay more than fifty
dollars ($50.00) per hour, such as for an event outside of the City, or when the
vendor would otherwise have to hire non-Aventura police officers at a higher rate to
fill available positions, the employee shall be paid the total amount paid by the
Vendor, less the eight dollar ($8.00) per hour administrative fee.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
Section 4. Assignments of off-duty police work shall, be fairly and evenly
distributed among eligible bargaining unit members. Full time employees shall have
the right of first refusal in off-duty detail police work assignments.
Section 5. When a detail requires four (4) or more police officers,
whenever possible, one of the four officers will be a supervisor. The supervisor
shall be compensated at the rate of not less than fifty-five dollars ($55.00) per
hour. There shall be an administrative fee of not less than eight dollars ($8.00) per
hour charged by the City. If no supervisor is available to work the detail, then the
on-duty supervisor will be assigned to monitor the detail. Supervisors who work
regular off duty jobs will be compensated at the officer's rate in Section 1, above.
29
Section 6. The off-duty rates set forth in Sections 1 and 5 above shall be
increased to seventy-five dollars ($75.00) per hour for officers and eighty-five
dollars ($85.00) per hour for supervisors for any off-duty police work performed
on any Holidays recognized by the City in Article 21, Section 1 of this Agreement.
Section 7. The rates listed in this Article may be adjusted upwards
periodically, with the approval of the Chief of Police, to remain competitive with
other Police Agencies or to properly staff events as needed.
30
ARTICLE 18
Equipment and Maintenance
Section 1. Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any departmentally issued uniform including handcuffs and
eyeglasses of an employee which is damaged or broken in the line of duty shall be
repaired or replaced at no cost to the employee when not lost or damaged due to
the employee's carelessness. The City shall replace wristwatches damaged while
in the line of duty and not due to the employee's neglect by payment to the
employee up to $85.00 and replace prescription eyeglasses, sunglasses or
contacts damaged while in the line of duty up to $150.The parties recognize that
this section is intended to be utilized to reimburse employees covered by this
agreement for damage to their personal property as opposed to negligent or
careless loss thereof or improper use of such equipment.
Section 3. All risk of damage, loss and/or destruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the exclusive responsibility of the unit member. The City agrees to provide each
unit member with the equipment necessary to perform the function of the job in lieu
of the use of personal property as contemplated above.
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to an allowance for normal wear and tear.
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Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $700 ($350 on October 1st and $350 on
April 1st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $950 ($475 on October 1 st and $475 on April 1 st).
The parties recognize that the payments set forth in this Section are intended to
reimburse employees covered by this agreement for the cost of maintaining their
City-issued uniforms and that no claim should be made for reimbursement for
damage that occurs to such items.
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ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statute
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statute
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
with the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon a reasonable request, an employee may review his/her
personnel records. The member shall have the right to make duplicate copies of
this record for his/her use, at no cost to the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed witness statements, under oath) with reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation that the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division.
Section 5. No bargaining unit member's name shall be released by the City
until a minimum of seven (7) calendar days elapses from notice to the employee of
the request, unless both the employee and Association submit a written waiver of
this provision. This provision does not apply to requests for public records made
pursuant to Chapter 119, Florida Statutes.
33
ARTICLE 20
Bereavement Leave
Section I. In the case of the death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager.
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ARTICLE 21
Holiday Leave
Section 1. Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's pay or half a day's pay,
depending on the bargaining unit members' assigned schedule and holiday outlined
above, to include any overtime worked.
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off, on-the-job injury, or excused absences.
35
ARTICLE 22
Personal Leave
Section 1. All employees hired before April 1st of any calendar year shall be
granted three (3) working days of Personal Leave for that calendar year. New
employees hired on or after April 1st of any calendar year shall be granted two (2)
working days of Personal Leave for that calendar year. New employees hired on or
after July 1st of any calendar year shall be granted one (1) working day of Personal
Leave for that calendar year. Personal leave shall be used for personal reasons,
religious observances and transaction of personal business. No payment shall be
made upon separation from City service for any unused Personal leave. No carry-
over of Personal leave shall be permitted from year-to-year. Said leave shall be
granted upon the approval of the City Manager and /or Department director.
36
ARTICLE 23
Training
Section 1. The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. When possible, each officer will be provided an additional
forty hours of in-service training annually.
37
ARTICLE 24
Transfers, Shift Changes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance. Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of one (1)
week notice.
Section 3. Voluntary exchange of individual workdays between
employees of like rank may be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department.
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ARTICLE 25
Group Insurance
Section 1. The city agrees to pay one hundred percent (100%) of the
individual employee health coverage premium and seventy percent (70%) of the
dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally and permanently
disabled in the line-of-duty shall be eligible to continue to receive group health and
hospitalization insurance coverage for both individual and family members under
the same conditions as were enjoyed at the time of disability, until such time as the
employee is eligible for said health and hospitalization coverage under the federal
Medicare Program. For purposes of determining whether a bargaining unit
employee is totally and permanently disabled in the line-of-duty, the determination
of the City of Aventura Police Officers' Retirement Plan Board of Trustees as to that
employee's application for a service-incurred disability pension under Section 36-28
of the City Code shall control.
Section 3. The City shall provide all bargaining unit members with a
short term disability insurance policy. The cost of the policy shall be paid 100% by
the City and provide 66 and 2/3 percent of the unit members' normal base wage for
both on and off duty injuries. Each member will be provided with a copy of the
City's short term disability insurance policy upon request.
Section 4. The City shall pay one hundred dollars ($100.00) per month to
each bargaining unit member who retires and separates (hereinafter, "Retirees")
under the normal retirement criteria set forth in the police officer's pension plan until
39
such time as they reach age 65. Effective September 30, 2025, this amount shall
increase to two hundred dollars ($200.00) per month. This sum shall be used by
the Retiree to pay for his/her health insurance premium and/or for the cost of any
prescription medications.
40
ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
with the City of Aventura shall be eligible to take the examination for a promotion to
the rank of Sergeant.
Section 2 All promotions shall be in accordance with current Police
Department Policy or as such Policy is subsequently amended by the City. Should
the City seek to change its promotional policy, the City will provide the PBA with a
copy of the new policy at least thirty (30) days prior to the effective date of such
policy. The City will announce promotional examinations at least sixty (60) days in
advance of the assessment process. The eligibility list shall be valid for up to
eighteen (18) months.
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
41
ARTICLE 27
Probationary Employees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion. Probationary employees absent during their probationary period for
more than 30 days shall have their probationary period extended for the amount
beyond the 30 days.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to a statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
42
ARTICLE 28
Sick Leave
Section 1. Upon retirement, resignation with two (2) weeks notice and
layoffs, accumulated sick leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
1 through 5 years 10%
5 through 10 years 50%
10 through 15 years 75%
Over 15 years 100%
The accumulated sick leave percentage will be paid based on the closest year.
Section 3. The accumulation for payout purposes shall be no more than 800
hours for employees covered by this agreement, except that employees with 15 or
more years of service may accumulate up to 850 hours and employees with 22.5 or
more years of service may accumulate up to 950 hours.
43
ARTICLE 29
Pension Plan
Section 1. The City agrees to maintain a defined benefit pension plan for
members of the bargaining unit as outlined in Chapter 36 of the City Code.
Section 2. Following ratification of the 2013-2016 Agreement, the Police
Pension Plan and Trust Fund as set forth in Chapter 36 of the City Code (the
"Plan") was amended as follows:
(a) Section 36-24 of the City Code shall be amended such that, effective
October 1, 2015, employees' contributions to the Plan shall increase
from 6.775% to 10.775% of a member's Earnable compensation.
(b) All employees retiring from the Plan on or after October 1, 2015 shall
receive a two percent (2%) cost of living adjustment on their annual
pension benefit beginning five (5) years after retirement.
(c) The definition of"Earnable compensation" shall be amended effective
upon ratification of this Agreement so as to exclude any overtime
hours worked by a member in excess of three hundred (300) hours in
a year.
Section 3. Following ratification of the 2016-2019 Agreement, the Plan shall
be amended as follows:
(a) Section 36-26(a) of the City Code shall be amended such that,
effective October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon
which the member completes 22.5 years of credited service,
44
regardless of age; or the date upon which the member attains age 57
with ten years of credited service.
(b) Effective October 1, 2018, a deferred retirement option plan ("DROP")
will be created. A member will be eligible to enter the DROP on the
first day that he/she is eligible for normal retirement. The maximum
period that a member may participate in the DROP is five (5) years
beginning from the first day on which he/she is eligible for normal
retirement. A member's DROP account will be self-directed and the
members will be solely responsible for the gains and losses of their
individual accounts. Members who elect to participate in the DROP
shall be required to separate from City service at the conclusion of
the DROP period. A member's DROP shall be distributed to the
member in a lump sum as soon as administratively practicable and
not more than 90 days following the conclusion of the DROP period.
The City shall have no liability or responsibility to guarantee the
principal and/or rate of return for a member's DROP assets. The
DROP accounts, although self-directed separate accounts, will
remain part of the pension trust, and distributions from a member's
account shall not be permitted until termination of employment.
(c) The parties agree that, in accordance with Ch. 2015-39, Laws of
Florida, a defined contribution plan ("DC Plan") shall be created as a
component of the City Plan, but will not be activated unless and until
a portion of Chapter 185 premium tax revenues have been assigned
45
to fund the DC Plan. The provisions of the DC Plan, when and if
activated, shall be negotiated by the parties at the time funding has
been assigned to the DC Plan. Assignment of Chapter premium tax
revenues can result either from agreement between the parties, or
from application of the provisions of Ch. 2015-39, Laws of Florida.
Section 4. The parties mutually consent that any and all premium tax
revenues received by the Plan pursuant to Chapter 185, Florida Statutes,
including any accumulated excess premium tax revenues held by the Plan as of
the date of ratification of the 2016-2019 collective bargaining agreement, shall be
retained by the Plan to pay for the benefits offered by the Plan.
46
ARTICLE 30
Take Home Police Vehicle Policy
Section 1. Sworn police officers covered by this agreement who
successfully complete their probationary period will be eligible to utilize City
assigned police vehicles as transportation to and from work. It is expressly
understood and agreed that said vehicle shall be utilized only for such
transportation to and from work and that any violation of this policy may
immediately result in the suspension or termination of the particular officer's
privilege to utilize a vehicle for such transportation. It is further understood and
agreed by the parties that the City may evaluate the "take home "policy. The City
may, in its sole discretion, terminate said policy. It is also understood and agreed
by the parties that any decision by the City to extend or terminate the aforesaid
policy shall not be subject to the grievance/arbitration procedure contained in this
agreement. The City's "take home" police vehicle policy shall be in accordance
the Policy contained at Chapter 5, Subchapter 8, page 1 of the City's
Administrative Policy Directives and Procedures Manual, or as such Policy is
subsequently amended by the City.
Section 2. Bargaining unit members shall be permitted to run errands,
such as picking up dry cleaning or grocery shopping, on their way to or from work
provided such errands take place within 90 minutes of traveling either to or from
work. This privilege may be rescinded for any individual member who violates
this section.
47
48
ARTICLE 31
Workers Compensation Fraud
Section 1. Any employee found to have fraudulently utilized the worker's
compensation program or found to falsify an on-the-job injury will be subject to
immediate dismissal.
49
ARTICLE 32
Drug and Alcohol Testing
Section 1. The City and the PBA recognize that employee drug and
alcohol abuse has an adverse impact on City government, the image of the City
employees, the general health, welfare and safety of the employees, and to the
general public at large. Therefore, the parties agree that the Department shall
have the right to require employees to submit to drug and alcohol testing
designed to detect the presence of illegal drugs and alcohol.
Section 2. Drug is defined as amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, synthetic narcotics, designer drugs, anabolic steroids or a
metabolite of any of the above mentioned substances. Alcohol includes distilled
spirits, wine, malt beverages, and intoxicating liquors.
Section 3. The Department will require members of the bargaining unit
to submit to drug and alcohol tests under the following circumstances:
3.1 The Department may require all members of the bargaining
unit who suffer an injury in the line of duty and/or are involved in a car accident to
submit to a drug and alcohol test immediately after the accident.
3.2 The Department will require all members of the bargaining
unit to submit to a drug and/or alcohol test based on its belief that the employee
to be tested is under the influence of or possibly using drugs and/or alcohol
drawn from specific objective and articulable facts and reasonable inferences
50
drawn from those facts in light of experience. Among other things, such facts
and inferences may be based upon:
(a) Observable phenomena while at work, such as direct
observation of drug and/or alcohol usage or of the physical
symptoms or manifestations of being under the influence of
a drug and/or alcohol.
(b) Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
(c) A report of drug and/or alcohol use, provided by a reliable
and credible source, which has been independently
corroborated.
(d) Evidence that an individual has tampered with a drug and/or
alcohol test during employment with the current employer.
(e) Information that an employee has caused, or contributed to,
an accident while at work.
(f) Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
employer's premises or while operating the employer's
vehicle, machinery, or equipment.
Inappropriate employee behavior as described above must be
personally observed by a superior officer and witnessed by at least one other
employee witness, who may or may not be a superior officer or a police officer.
When confronted by a superior officer, the employee under
suspicion will be offered an opportunity to explain to the superior officer, prior to
being ordered to take the drug and/or alcohol test, why the aberrant or unusual
behavior is noticeable. Drug and/or alcohol testing based upon reasonable
suspicion will be conducted only with either the consent of the Police Chief or
his/her designee or the consent of the City Manager or his/her designee. The
designee shall be a sworn certified law enforcement officer above the rank of
51
lieutenant. Such approval shall be memorialized in writing and indicate the
subject matter of the test, why the test was ordered and listing the specific
objective fact(s) constituting "reasonable suspicion." A copy of this written order
will be provided to the employee as soon as it is practicable to do so.
Any refusal on the part of the suspected employee to immediately
comply with a valid "reasonable suspicion" drug and/or alcohol testing order will
result in the immediate causal termination of the employee.
3.3 The Department, as part of its medical examination process
during pre-employment, during a fitness for duty examination, and during the
annual physical examinations, will require the members of the bargaining unit to
submit to a drug and alcohol test.
3.4 All members of the bargaining unit, at the discretion of the
Chief of Police, and/or the City Manager will be randomly tested for drugs. The
selection of the employees to be tested will be made using a neutral software
selection program, and shall be no greater than thirty (30) employees every six
(6) months.
Section 4. An employee required to submit to a mandatory test for the
presence of drugs and/or alcohol shall be entitled to have a PBA or other
employee representative present during the test. However, under no
circumstances will the drug and/or alcohol test be delayed for more than one (1)
hour to allow for the presence of a PBA or other employee representative.
Section 5. The following procedures shall apply to the substance abuse
testing administered to employees who meet the above stated conditions:
52
5.1 Analysis of specimens will be collected and performed only
by laboratories, hospitals or clinics certified by the State of Florida, Agency for
Health Care Administration (AHCA) or the Federal Substance Abuse and Mental
Health Services Administration (SAMHSA), utilizing qualified sites and employing
collectors trained to follow custodial collection protocols and properly maintain
legal specimen chain-of-custody. Specimens that the City may use when drug
and alcohol testing for the reasons set forth in Section 3 include urine, blood, and
hair follicle samples. In addition, the City may use a breathalyzer for an alcohol
test for any of the reasons set forth in Section 3.
5.2 Specimens shall be drawn or collected at a laboratory,
hospital, doctor's office, certified medical facility or even on City premises by a
certified health care professional. If the City or the collector requires an observer
when the urine specimen is given, the observer shall be of the same sex as the
employee being tested. All specimen containers and vials shall be sealed with
evidence tape and labeled in the presence of the employee, and his/her witness
should be present.
5.3 All drug and/or alcohol testing will be conducted using
recognized technologies and recognized testing standards. The following
standards shall be used to determine what level of detected substance shall
constitute a POSITIVE test result for urine specimens:
Substance Screening Test Confirmation
Amphetamines 1000 ng/mL 500 ng/mL
Barbiturates 300 ng/mL 150 ng/mL
Benzodiazepines 300 ng/mL 150 ng/mL
Cocaine 300 ng/mL 150 ng/mL
53
Cannabinoids (Marijuana) 50 ng/mL 15 ng/mL
Methadone 300 ng/mL 150 ng/mL
Methaqualone 300 ng/mL 150 ng/mL
Opiates (Heroin, Morphine, 2000 ng/mL 2000 ng/mL
Codeine)
Phencyclicline (PCP) 25 ng/mL 25 ng/mL
Propoxyphene 300 ng/mL 150 ng/mL
Boldenone 10 ng/ml 10 ng/ML
Mathandienone 10 ng/ml 10 ng/ML
Methyltestosterone 10 ng/ml 10 ng/ML
Nandrolone 10/ng/m1 15 ng/ML
Oxandrolone 10 ng/ml 10 ng/ML
Oxymetholone 10 ng/ml 10 ng/ML
Stanozolol 10 ng/ml 10 ng/ML
Probenecid 10 ng/ml 10 ng/ML
Clenbuterol 10 ng/ml 10 ng/ML
Specific Gravity — NR 10 ng/ml 10 ng/ML
T/E Ratio Interpretation 4.1 or greater
Testosterone 10 ng/ml 10 ng/ML
Epitestosterone 10 ng/ml 10 ng/ML
T/E Ratio: Specific Gravity 4.1 or greater
Alcohol (Ethanol) 0.02 g/dl 0.04 g/dl
5.4 Levels found below those set above shall be determined as
negative indicators. Tests for other non-presented controlled substances and
hair and blood specimens will be in accordance with federal and state
government screening and confirmation standards.
5.5 All positive initial tests shall be confirmed using gas
chromatograph/mass spectrometry or an equivalent or more accurate
scientifically accepted method approved by AHCA. The test must also use a
different scientific principle from that of the initial test procedure.
5.6 A Certified Medical Review Officer (MRO) who will be a
medical professional chosen by the City will review all negative and confirmed
positive laboratory results. Confirmed positive results will only be communicated
to the City's designated human resources professional after the MRO has
54
ascertained that personal prescriptions or other legal substances do not account
for the laboratory findings. Investigations may include, as appropriate, telephone
contact with the employee and any prescribing physician. Employees may
consult the City appointed MRO concerning drugs and/or drug groups that may
be tested for under this procedure.
5.7 Employees may contact the City's Medical Review Officer to
ask questions concerning prescribed medications they are taking for clarification
purposes involving fitness for duty assessments.
5.8 The following is a list of over the counter and prescription
drugs which could alter or affect drug and alcohol test results. Due to the large
number of obscure brand names and the constant marketing of new products,
this list cannot be and is not intended to be all inclusive:
Alcohol: All liquid medications containing ethyl alcohol
(ethanol). Please read the label for alcohol content.
As an example, Vick's Nyquil is 25% (50 proof) ethyl
alcohol, Comtrex is 20% (40 proof), Contact Severe
Cold Formula Night Strength is 25% (50 proof), and
Listerine is 26.9% (54 proof)
Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex,
loanamine, Fastin, Vicks Nasal Inhalers
Cannabinoids: Marinol (Dronabinol, THC)
Cocaine: Cocaine HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine,
Tylenol with Codeine, Empirin with Codeine, APAP
with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Diluadid (Hydromorphone), M-S Contin
55
and Roxanol (morphine sulfate), Percodan, Vicodin,
Tussi-organidin, etc.
Barbiturates: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral,
Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazephines: Ativan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam, Restoril, Centrax, etc.
Methodone: Dolophine, Metodose, etc.
Propoxyphene: Darvocet, Darvon N. Dolene, etc.
Section 6. Within five (5) working days after receipt of a positive
confirmed test result from the testing laboratory, the City will inform the employee
in writing of such positive test result, the consequences of such results, and the
options available to the employee or job applicant. The City shall provide to the
employee or job applicant upon request, a copy of the test results. Within five (5)
working days after receiving written notification of a confirmed positive test result,
an employee or job applicant may submit information to the City explaining or
contesting the test results and why the results do not constitute a violation of the
employer's policy. If the City disagrees with the employee's position, within fifteen
(15) days of receipt of a formal challenge of positive confirmed test results, the
City will respond to the employee. If the employee wishes to maintain the
challenge, within thirty (30) days of receipt of the City's written response, the
employee may appeal to a Court of competent jurisdiction and/or a Judge of
Compensation Claims (if a workplace injury has occurred). Upon initiating a
challenge, it shall also be the employee's responsibility to notify the testing
laboratory which must retain the specimen until the case is settled.
56
Section 7. The results of all tests performed hereunder will be held
confidential to the extent permitted by law.
Section 8. Any specimens found or admitted to have been adulterated
or substituted before, during or after the substance abuse test, will constitute
immediate grounds for employee discharge from employment.
Section 9. Employees have a right to consult with the MRO for
technical information regarding prescription and non-prescription medication.
Section 10. The results of such tests shall be handled as if part of an
internal affairs investigation, and the employee involved shall be afforded all the
rights enumerated in Section 112.532 of the Florida Statutes. The taking of drug
and/or alcohol tests from a member of the bargaining unit does not constitute an
interrogation within the meaning of Section 112.532 of the Florida Statutes,
unless questions are asked at the time the test is taken.
Section 11. Disciplinary consequences for having a confirmed positive
drug test is the immediate discharge of the employee for cause, and the potential
denial of Unemployment Compensation as specified in Sections 440.101 and
440.102 of the Florida Statutes. An employee injured in the line of duty and/or
involved in an automobile accident and subsequently confirmed positive for drug
and/or alcohol abuse based upon post accident testing will also be terminated
from employment and may lose Workers' Compensation benefits.
Section 12. An employee who tests positive for alcohol and was not
involved in an accident and/or did not suffer an injury in the line of duty while
under the influence of alcohol must meet the following conditions to remain
57
employed by the Department-
(1) Completion of an Employee Assistance Program or
Substance Abuse Program approved by the City.
(2) During the period the employee is out after a positive alcohol
test result, he/she will be placed in a "no-pay" status or they
may utilize their accrued vacation leave.
(3) The employee who had a positive test result and is
reinstated must sign a Last Chance Agreement that will
specify immediate discharge on a second positive alcohol
test.
Section 13. Any disciplinary or other adverse personnel action taken by
the City Manager resulting from any test conducted pursuant to this article shall
be appealable though the grievance procedure contained in this agreement
through and including arbitration.
Section 14. Nothing in this Article shall prohibit an employee from
voluntarily self-identifying as having a drug/alcohol abuse problem to either
his/her immediate supervisor, Department Head, or the Personnel Officer, but
may not do so just prior to being selected for a drug and/or alcohol test.
Such employee must meet the following conditions to remain employed by
the Department:
1) Completion of Employee Assistance Program or Substance Abuse
Program approved by the City;
2) During the period the employee is out of after self identifying
himself/herself will be placed in a "no pay" status or they may utilize
their accrued vacation leave; and
3) The employee who self identifies himself/herself must sign a Last
58
Chance Agreement that will specify immediate discharge on any
drug and alcohol confirmed positive test, and if he/she
subsequently self identifies as having a drug and alcohol abuse
problem.
Requests from employees for assistance in this regard shall remain
confidential to the extent permitted by law and shall not be revealed to other
employees or members of management without the employee's consent.
Employees enrolled in drug/alcohol abuse programs as outpatients, shall be
subject to all City rules, regulations and job performance standards. The
Department will not discharge, discipline, or discriminate against an employee
solely upon the employee's voluntarily seeking treatment for a drug and/or
alcohol related problem, if this is the first time that an employee has entered an
employee assistance program for drug/alcohol related problems.
Drug and alcohol abuse are serious personal concerns for many
individuals. The City provides employees in such circumstances with the
services of an Employee Assistance Program which may be called to obtain free,
confidential, professional referral assistance.
Aetna ® Resources for Living
(666) 236®6232
www.resourcesforlivirlg.com
59
ARTICLE 33
Reopening of Negotiations
Section 1. If during the life of this Agreement a pension plan actuarial
evaluation is completed which requires the City to increase its contribution to the
Plan to greater or equal to twenty-two percent (22%) of covered payroll, the
parties agree to reopen the Pension Article within thirty (30) days for the sole
purpose of only discussing Article 29 Pensions. All other provisions of this
Agreement shall remain in full force and effect during any reopening.
60
ARTICLE 34
Court Time
Section 1. Bargaining unit employees shall receive a minimum of three (3)
hours overtime at one and one-half (1 '/2) times their regular rate for necessary
off-duty work related to court appearances required by court order or quasi-
judicial and administrative hearings, concerning pending criminal, civil or traffic
cases. To be eligible, an employee must be called back to work at a time outside
his/her normal working hours, and at least three (3) hours before the beginning of
the shift and one (1) hour after the end of the shift. Pay for witness fees shall be
returned to the City. Employees may be permitted to accrue compensatory time
for off-duty court appearances in lieu of cash payments.
61
ARTICLE 35
Term of Agreement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2025.
Section 2. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 3. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The terms of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This Agreement is made and entered into and executed this
day of 2022.
CITY OF AVENTURA SOUTH FLORIDA POLICE BENEVOLENT ASSOCIATION
Ronald J. Wasson, City Manager Steadman Stahl, President
Representative
ATTEST: Representative
Ellisa L. Horvath, City Clerk Representative
Brett J. Schneider City Labor Attorney Andrew Axelrad, PBA Attorney
62
EXHIBIT A
63
EXHIBIT A
Salary Plan-2022-2023 Salary Plan-2023-2024 Salary Plan-2024-2025
October 1,2022 through September 30,2023 October 1,2023 through September 30,2024 October 1,2024 through September 30,2025
Police Officers(includes 3.0% COLA I Police Officers(includes 3.0% COLA) Police Officers(includes 3.0%COLA)
STEP 1 $ 67,820.47 STEP 1 $ 69,855.08 STEP 1 $ 71,950.73
STEP 2 $ 71,211.49 STEP 2 $ 73,347.83 STEP 2 $ 75,548.26
STEP 3 $ 74,772.07 STEP 3 $ 77,015.23 STEP 3 $ 79,325.69
STEP 4 $ 78,510.66 STEP 4 $ 80,865.98 STEP 4 $ 83,291.96
STEP 5 $ 82,436.23 STEP 5 $ 84,909.32 STEP 5 $ 87,456.60
STEP 6 $ 86,558.03 STEP 6 $ 89,154.77 STEP 6 $ 91,829.41
STEP 7 $ 90,885.90 STEP 7 $ 93,612.48 STEP 7 $ 96,420.85
STEP 8 $ 95,430.20 STEP 8 $ 98,293.11 STEP 8 $ 101,241.90
STEP 9 $ 100,201.74 ISTEP 9 $ 103,207.79 STEP 9 $ 106,304.02
STEP 10 $ 103,708.75 ISTEP 10 $ 106,820.01 ISTEP 10 $ 110,024.61
Police Sergeants(includes 3.0%COLA) Police Sergeants(includes 3.0%COLA) Police Sergeants(includes 3.0%COLAI
STEP 1 $ 91,478.80 STEP 1 $ 94,223.16 STEP 1 $ 97,049.85
STEP 2 $ 96,052.72 STEP 2 $ 98,934.30 STEP 2 $ 101,902.33
STEP 3 $ 100,855.35 STEP 3 $ 103,881.01 STEP 3 $ 106,997.44
STEP 4 $ 105,898.13 STEP 4 $ 109,075.07 STEP 4 $ 112,347.32
STEP 5 $ 111,193.02 STEP 5 $ 114,528.81 STEP 5 $ 117,964.67
STEP 6 $ 116,752.66 STEP 6 $ 120,255.24 STEP 6 $ 123,862.90
STEP 7 $ 122,590.31 STEP 7 $ 126,268.02 STEP 7 $ 130,056.06
STEP 8 $ 128,719.83 STEP 8 $ 132,581.42 STEP 8 $ 136,558.86
STEP 9 $ 133,225.03 STEP 9 $ 137,221.78 1 ISTEP 9 $ 141,338.43
ASSUMED INCREASE IN STEP(YEAR OVER YEAR)
Police Officers
STEP 1 3.00% STEP 1 3.00% STEP 1 3.00%
STEP 2 3.00% STEP 2 3.00% STEP 2 3.00%
STEP 3 3.00% STEP 3 3.00% STEP 3 3.00%
STEP 4 3.00% STEP 4 3.00% STEP 4 3.00%
STEP 5 3.00% STEP 5 3.00% STEP 5 3.00%
STEP 6 3.00% STEP 6 3.00% STEP 6 3.00%
STEP 7 3.00% STEP 7 3.00% STEP 7 3.00%
STEP 8 3.00% STEP 8 3.00% STEP 8 3.00%
STEP 9 3.00% STEP 9 3.00% STEP 9 3.00%
STEP 10 3.00% ISTEP 10 3.00% ISTEP 10 3.00%
Police Sergeants
STEP 1 3.00% STEP 1 3.00% STEP 1 3.00%
STEP 2 3.00% STEP 2 3.00% STEP 2 3.00%
STEP 3 3.00% STEP 3 3.00% STEP 3 3.00%
STEP 4 3.00% STEP 4 3.00% STEP 4 3.00%
STEP 5 3.00% STEP 5 3.00% STEP 5 3.00%
STEP 6 3.00% STEP 6 3.00% STEP 6 3.00%
STEP 7 3.00% STEP 7 3.00% STEP 7 3.00%
STEP 8 3.00% STEP 8 3.00% STEP 8 3.00%
STEP 9 3.00% STEP 9 3.009 STEP 9 3.00%
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klopp i w
Community Development Director
DATE: October 28, 2022
SUBJECT: Designation of "Uptown Aventura"
November 1, 2022 City Commission Meeting Agenda Item 6G
RECOMMENDATION
The City Commission consideration of the above-mentioned designation is requested.
The Commission, at its workshop meeting of October 20, 2022, asked staff to bring this
forward at its next meeting.
THE REQUEST
The request to designate the area from NE 213th Street north to the city limit and from
Biscayne Boulevard west to the City limit as "Uptown Aventura" was presented to the City
Commission at the workshop meeting by Bernardo Rieber, developer of the 1212
Aventura project, located at 2820 NE 214 St. The area is depicted on the following page.
The resolution would achieve the intent of the city indicating its support for Mr. Reiber's
idea.
Proposed "Uptown Aventura" -- from NE 213th Street north to the city limit on the north
and from Biscayne Boulevard west to the City limit on the west
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CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DESIGNATING THE NAME UPTOWN
AVENTURA TO REFER TO THAT AREA OF THE CITY LOCATED
NORTH OF NE 213T" STREET AND WEST OF BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission believes enduring and consistent use of a
positive reference to a specific geographic area can help induce private investment
resulting in beneficial redevelopment of that area; and
WHEREAS, the area of the City from NE 213th Street north to the city limit on the
north and from Biscayne Boulevard west to the City limit on the west is a fledgling
redevelopment area as a result of ongoing private investment; and
WHEREAS, referring to the area as Uptown Aventura is viewed as an advantage
in spurring further investment; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
of the City's residents to designate this area as Uptown Aventura in order to create
potential economic opportunities otherwise not available in this part of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. That the above stated recitals are hereby adopted
and confirmed.
Section 2. Uptown Aventura Designation. The City Commission hereby
designates the name of "Uptown Aventura" to refer to that area of the City located north
of NE 213th Street and west of Biscayne Boulevard.
Section 3. Implementation. The City Manager is hereby authorized to take all
action necessary to implement this Resolution.
City of Aventura Resolution No. 2022-
Section 4. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of November, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
Page 2 of 2
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasso ---
City Manager
BY: Keven R. Klopp/�w
Community Development Director
DATE: October 28, 2022
SUBJECT: Request of Chabad Waterways Inc. for Conditional Use Approval to
Establish a Synagogue in the Community Business (132) District at
3585 NE 207 Street (Application #CUP2209-0001)
November 1, 2022 City Commission Meeting Agenda Item 7
RECOMMENDATION
It is recommended that the City Commission approve the above-mentioned conditional
use application to allow Chabad Waterways, Inc. to establish a religious facility at 3585
NE 207t" Street.
THE REQUEST
The applicant is requesting Conditional Use Approval to establish a religious facility in the
Waterways Shoppes. The applicant's Letter of Intent is attached as Exhibit#1 to this staff
report.
BACKGROUND
OWNER OF PROPERTY Waterways Plaza, LLC
APPLICANT Chabad at Waterways, Inc.
ADDRESS OF PROPERTY 3585 NE 207t" Street C6-C7
LEGAL DESCRIPTION Tract F, The Waterways, Section 2, Plat Book
122, Page 87, Public Records of Miami-Dade
County, Florida
EXISTING ZONING B2 - Community Business
FUTURE LAND USE DESIGNATION Business and Office
APPLICABLE LAND DEVELOPMENT REGULATIONS
Subject to conditional use approval, Section 31-144(c)(2)(k) of the City's Land
Development Regulations (LDRs) that allows all uses permitted on the Community
Facilities (CF) district that is not listed as a Conditional use in the CF district. Policy 2.3
of the Future Land Use element specifies that places of worship shall be allowed on
property with a residential or business and office land use designation through the
Conditional Use procedures found in the City's land development regulations. The
seven (7) standards for review of Conditional Uses are listed in Sec. 31-73(c). The
standards are individually listed and analyzed as regards this application below.
ANALYSIS
1. The proposed use shall be consistent with the Comprehensive Plan.
The application is consistent with the goals and objectives of the Comprehensive Plan,
which specifies that places of worship shall be allowed on property with a residential or
business and office land use designation through the conditional use procedures found
in the City's land development regulations.
2. The maintenance and operation of the proposed use shall not be detrimental to
or endanger the public health, safety, or general welfare.
Facilities that provide religious and educational services have been proven to be
beneficial for the community. The use will be monitored to ensure that it remains a
positive impact on the general public health and safety.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The use is consistent with the community character provided by the immediately adjacent
multi-family residential districts.
4. Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted
levels of service, or will be available concurrent with demand as provided for in the
requirements of theses LDRs.
The necessary public facilities to service the proposed use and maintain levels of service
exist.
2
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate existing ingress and egress to the proposed use exists along 207t" Street.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The conditional use will not have any detrimental effect on the ability of surrounding
properties to develop with uses permitted in their zoning districts.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The Waterways Shoppes has been planned and constructed in accordance with the City's
Land Development Regulations. The proposed religious facility is within the approved
development. It will not have any adverse impacts, visual or otherwise, to adjacent
properties.
NOTICE OF PUBLIC HEARING
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.
3
EXHIBIT I
C U P2209-0001
Chabad BH
Waterways o
September 19th, 2022
To the honorable commissioners of the city of Aventura,
Having been born and raised in North Dade County, I have watched Aventura
grow from a friendly community to become the city of excellence where my family
resides.
My wife and I feel privileged to be active participants in this dynamic, upbeat and
welcoming community. Inspired by my parents, pioneers in community building,
and founders of Aventura Chabad, we saw the essential need for a permanent
Chabad presence in the Waterways.
Our aspiration is to develop Chabad of Waterways into a center for Jewish life
and community, enhancing the lives of residents of the Waterways. Our prayer
services and classes for all age groups are just part of the story. Our "Sharing
Shabbat" program delivers delicious meals and good cheer to lonely seniors and
families in need. Our Jewish holiday celebrations and kids events bring lots of
smiles to many faces. Individual Rabbinic counseling is offered to those facing
personal challenges. Brides and grooms receive guidance as they build a new
home together, and new moms are offered postpartum support and physical
assistance when needed.
All of these activities need a suitable venue as we continue to expand the scope of
our activities. We look forward to a cooperative venture with the city of Aventura
as we continue to service the community in the inimitable caring and loving style
for which Chabad all over the world is known.
Sincerely, 9
Rabbi Yisroel Brusowankin
(786)663-8731 Chabad at Waterways
Yisroel@chabadwaterways.org 3S8S NE 207 St #C6
www.chabadwaterways.org Aventura,F1 33180
EXHIBIT II
CU P2209-0001
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EXHIBIT III
CU P2209-0001
Legal Description
THE WATERWAYS SEC 2
PB 122-87
TRAC F
LOT SIZE 9.16 AC
OR 13883-703 1188 5
F/A/U 30-1235-027-0020
OR 20459-2353 0602 1
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-144(C)(2)(K) OF THE CITY CODE OF
ORDINANCES, TO PERMIT THE ESTABLISHMENT OF A
SYNAGOGUE IN THE COMMUNITY BUSINESS (132) DISTRICT FOR
THE PROPERTY LOCATED AT 3585 NE 207 STREET, CITY OF
AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a synagogue use may, pursuant to Section 31-144(c)(2)(k) of the
City's Land Development Regulations (the "Regulations"), be established on Property
zoned B2 (Community Business) District if approved by the City Commission as a
conditional use; and
WHEREAS, Section 31-73 of the Regulations sets forth the standards by which
conditional use applications are reviewed; and
WHEREAS, the Applicant, Chabad at Waterways, Inc., through Application No.
CUP2209-0001, is requesting Conditional Use approval to permit the establishment of a
synagogue in the Community Business (132) District; and
WHEREAS, the Property described herein is zoned B2, Community Business
District; and
WHEREAS, the City Commission held a quasi-judicial public hearing as provided
by law to review the application; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use Approval to permit the establishment
of a synagogue in the Community Business (132) District on the property located at 3585
NE 207 Street and legally described as Tract F, The Waterways, Section 2, Plat Book
122, Page 87, Public Records of Miami-Dade County, Florida is hereby granted subject
to the following conditions:
1. Permits shall be obtained within twelve (12) months of the date of the Resolution
or the approvals granted shall be null and void unless extended by a motion of the
City Commission.
2. Any discontinuation of the approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind this approval.
City of Aventura Resolution No. 2022-
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 Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of November, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _day of November, 2022.
CITY CLERK
Page 2 of 2
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: October 28, 2022
SUBJECT: End of Year Budget Amending Ordinance — FY 2021/22
11t Reading November 1, 2022 City Commission Meeting Agenda Item 8
2"1 Reading January_, 2023 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
the FY 2021/22 budget.
BACKGROUND
At this time of year, the Finance Department is preparing the City's financial records for
the FY 2021/22 year-end audit. Now that most of our year-end adjustments have been
made, we have the necessary information to formally amend the FY 2021/22 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 2022 and January 2023 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 2023 as there is no December meeting. The ordinance however will
appear on first reading prior to the November 29, 2022 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 Street Maintenance Fund and the underlying
circumstances that support each recommendation along with the supporting schedule —
Exhibit "A" which lists the amendment detail such as account # and object code.
1
General Fund — (001) Expenditures — ($8,837,228 net amendment)
City Commission (0101) — ($28,460 increase)
4030 — Legislative Expenses requires a $6,160 budget amendment as the amount given
to each Commissioner per month increased in January 2022 by $190.
5290 — Other Operating Supplies requires a $2,800 budget amendment due to the
unanticipated expenditures that were not in the originally adopted budget.
5420 — Conferences & Seminars requires a $9,5000 budget amendment due to following
that were not in the originally adopted budget:
• The Willie & Celia Trump Synagogue Annual Gala Dinner Seats - $4,500
• Aventura Marketing Council Sponsorship Breakfast - $5,000
5981 — Events and Sponsorships requires a $10,000 budget amendment due to the
$10,000 Don Soffer Aventura High School Prom Donation that was made via Commission
direction.
City Manager's Office (0501) ($488,000 increase)
1201/2101/2201/2301 — Salaries & Wages, FICA, Pension and Health, Life & Disability
requires a $280,500 budget amendment as the original budget for this line item did not
include an Assistant City Manager. The former Assistant City Manager — Finance and
Administration was a dual role and previously budgeted in the Finance Department. This
position is now fully allocated within the City Manager's Office. Additionally, a full-time
Communications Manager was hired in May 2022 and a Part-time Social Media Specialist
was promoted to Full-time Social Media Specialist, now titled Multi-media Specialist, in
March 2022. All of these changes were not part of the FY 2021/22 original budget.
3492 — Social Media requires a $190,000 budget amendment as the original budget did
not include this line item. At the Commission's request, a Social Media Consultant was
brought in by the City to assist in the communication division of the City Manager's Office.
5901 — Contingency requires a $17,500 budget amendment as the original amount
budgeted did not consider the miscellaneous unanticipated expenditures that occurred
throughout the year.
Legal (0601) — ($73,000 increase)
3120 — Prof. Services — Legal requires a $73,000 budget amendment resulting primarily
from overages in the following areas:
• $5,000 related to labor negotiations with the PBA
• $7,000 related to the Don Soffer Aventura High School Foundation
• $39,000 related to the Miami-Dade School District referendum
• The balance is comprised of other miscellaneous matters
2
Finance Department (1001) — ($80,000 increase)
1201 — Employee Salaries requires a $57,000 budget amendment resulting from the
accrual payout of the former Assistant City Manager — Finance and Administration who
resigned in October 2021. Additionally, the position of Budget Manager was hired in July
and not included in the originally adopted budget.
5410 — Subscriptions & Memberships requires a $23,000 budget amendment primarily
due to the following which was not in the originally adopted budget:
• $14,240 related to the NeoGov Insight Subscription and Candidate Text
Messaging for the Human Resources Department
• $7,650 related to OpenGov Reporting
Police Department (2001) — ($860,360 increase)
1401 — Overtime requires a $400,000 budget amendment primarily due to unanticipated
overtime. The increase in overtime is due to personnel shortages as retirements and
resignations occurred at a higher rate than normal throughout the fiscal year. Additionally,
the Dispatch Center with their shortages require additional training which creates daily
overtime. City-wide events increase the need for law enforcement presence and patrolling
(Halloween event, movie nights, bike rides, etc.). The COVID-19 pandemic still impacts
the department as well as personnel is needed to cover absences when employees tested
positive and needed to isolate.
1410 — Holiday Pay requires a $23,000 budget amendment primarily due to the new
Federal Holiday of Juneteenth which was not in the originally adopted budget and it was
given to employees during the fiscal year.
2101 — FICA requires a $32,360 budget amendment primarily related to the additional
amounts listed above in the overtime and holiday pay accounts.
3190 — Prof. Services — Traffic Safety Program requires a $90,000 budget amendment
due to the red-light camera upgrades performed throughout the year.
4610 — R&M-Vehicles requires a $150,000 budget amendment due to the unanticipated
vehicle repair costs during the fiscal year. In addition, labor and material costs increased
in FY 2021/22.
5220 — Gas & Oil requires a $165,000 budget amendment due to the increase in fuel
costs which was not anticipated in the originally adopted budget.
3
Community Development Department (4001) — ($2,100,000 increase)
3101 — Building Inspection Services requires a $2,100,000 budget amendment due to a
higher than anticipated building and planning activity experienced during the year. The
Building Permit Revenue line item solely offsets this expenditure line item.
Community Services Department (5001) — ($950,000 increase)
3113 — Prof. Services — Comm. Cen. Inst. requires a $315,000 budget amendment due
to the increased amount of expenditures to contracted vendors. Participation in programs
was higher than anticipated as the City moved toward a return to normal after the COVID-
19 pandemic. This line item is paid based on the revenue taken in to the City in the
Community Center Fees.
3452 — Lands/Tree Maint. Svcs — Parks requires a $30,000 budget amendment due
mainly to the 3% increase that was awarded to BrightView in a renewal agreement
between the City and BrightView Landscape Services in August 2021 which was not in
the originally adopted budget.
4850 — Special Events requires a $30,000 budget amendment due to an overrun for the
Halloween event and the Pop-Up events which were approved at a Community Services
Advisory Board meeting on September 9, 2021.
4851 — Cultural/Recreation Programs requires a $575,000 budget amendment due to
higher than anticipated participation in programs. Enrollment has boomed in FY 2021/22
and rebounded from the COVID-19 pandemic Additionally, contracted staff increased
hours to full-time offset by the elimination of two (2) part-time positions.
NOTE: The total expenditures overages above will be offset by the revenue accounts
related to the Community Services Department: Parks & Recreation Fees, Community
Center Fees, Membership & Guest Fees and Summer Recreation.
Public Works/Transportation (5401) — ($340,000 increase)
4301/4320 — Utilities— Electric and Water requires a $293,000 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.
• FY 2021/22 had a very dry summer and rates increased by almost 5%.
• Due to COVID, public buildings are set to circulate increased amounts of fresh air
(50% vs. 20%), requiring units to work harder.
4691 — R&M - Streets requires a $25,000 budget amendment primarily due to the
additional unanticipated repairs which were made to City roads and sidewalks throughout
the year, including a sinkhole on 30t" Avenue.
4
5220— Gas & Oil requires a $22,000 budget amendment due to the increase in fuel costs
which was not anticipated in the originally adopted budget.
Aventura Arts and Cultural Center (7001) — ($250,000 increase)
3190— Prof. Services— Programming requires a $250,000 budget amendment due to the
increase in programming that was higher than anticipated after the COVID-19 pandemic.
During the fiscal year, while labor costs increased, artist contract fees were tied to
FY2020/21 prices thus resulting in losses. Attendance was down by 25%-30% when
compared to pre-COVID fiscal years and rental activity was down by 15% from pre-
COVID years as well, resulting in less income to offset the programing line item. $20,000
of expenditures were incurred in this line item from other City Departments using the
facility that were not included in the originally adopted budget.
Non-Departmental — Transfers (9001) — ($1,978,408 increase)
9128 — Transfer - Charter High School Fund (191) requires a $1,978,408 budget
amendment to provide for the increase in the Transfer to the Charter High School Fund
which was needed to eliminate the fund balance deficit of Don Soffer Aventura High
School as recommended by the Miami Dade County School Audit and Budget Committee.
This overage will be offset by $1,978,408 in Carryover Revenue, using General Fund
Balance to cover this transfer.
The fund balance policy of the City states that at the beginning of each fiscal year, the
total unassigned fund balance shall not be less than 10% of the annual General Fund
revenue. The Unassigned General Fund Balance as of the year ended September 30,
2021 was $24,156,021. Even with $1,978,408 being used for the transfer to DSAHS, the
unassigned fund balance of the General Fund will well exceed the minimum balance
required by the policy.
Non-Departmental — Other (9001) — ($627,000 increase)
4101 — Communication Services requires a $285,000 budget amendment due to the
increased costs from AT&T for Digital service. The City plans to move to Fiber service in
the upcoming fiscal year which will reduce costs significantly.
4301/4320 — Utilities — Electric/Water requires a $97,000 budget amendment due to the
unanticipated increase in the costs of electricity and water bills.
4620 — R&M — Government Center requires a $50,000 budget amendment due to the
unanticipated repairs and maintenance that some offices required throughout the fiscal
year, the computer maintenance to the A/C cooler computers and emergency repairs to
the generator and automatic transfer switch.
5
5901 — Contingency requires a $55,000 budget amendment primarily due to the ACES
due diligence expenditures to explore an expansion.
5950 — Disaster Supplies requires a $140,000 budget amendment primarily due to the
unanticipated expenditures that the City incurred in response to the COVID-19 pandemic.
Capital Outlay (08XX) — ($1,062,000 increase)
City Manager's Office 8005-512.6402 — Computer Equipment<$5,000 requires a $4,000
budget amendment due to the additional costs of computers purchased to accommodate
two (2) new full-time employees.
Public Works/Transportation 8054-539.6420 — HVAC Replacement — requires a $15,000
budget amendment due to the purchase of smoke detectors.
Public Works/Transportation 8054-539.6421 — Government Center Improvements
requires a $350,000 budget amendment primarily due to the following projects that were
unanticipated at the Government Center in the originally adopted budget:
• Community Recreation Center Roof- $318,000
• Fencing at Waterways Park - $24,500
Arts & Cultural Center 8070-575.6208 — Building Impr/Equip requires a $215,000 budget
amendment for the new roof that was installed on the Arts & Cultural Center that was not
in the originally adopted budget.
Non-Departmental 8090-590.6101 — Land Acquisition/Purchase requires a $148,000
budget amendment primarily due to the unanticipated project of constructing and
installing a monument sign with a digital sign included in it at the Don Soffer Aventura
High School (DSAHS) that was not in the originally adopted budget.
Non-Departmental 8090-590.6206 — Garage Expansion/Improvements requires a
$255,000 budget amendment due to the project that was not in the originally adopted
budget which was undertaken to maintain the structural integrity and prevent further
deterioration of the parking garage.
Non-Departmental 8090-590.6410 — Equipment>$5,000 requires a $75,000 budget
amendment due to the installation of a new gate at the Police Department fuel pump area
and a new digital sign for NE 188t" Street at the intersection of 29t" Ave.
General Fund — (001) Revenues — ($8,837,228 net amendment)
The above expenditures in the General Fund will be offset by the following revenues in
the General Fund-
6
• Utility Tax-Electric (3141000) - $305,000
• Utility Tax-Water (3143000) -$235,000
• City Business Tax (3161000) - $210,000
• Building Permits (3221000) - $2,100,000
• State Revenue Sharing (3351200) - $451,000
• Half Cent Sales Tax (3351800) - $1,300,000
• Lien Search Fees (3419500) - $80,500
• Parks & Recreation Fees (3472000) - $375,000
• Community Center Fees (3472500) - $375,000
• Membership & Guest Fees (3473000) - $50,000
• Summer Recreation (3475000) - $150,000
• AACC Fees and Rentals (3476001) - $35,500
• Intersection Safety Camera Program (3542000) - $1,191,820
• Carryover (3999000) - $1,978,408
Street Maintenance Fund — ($645,000 net Amendment)
3455 — On-Demand Transit Service requires a $345,000 budget amendment due to the
change in service provided by the City during the fiscal year. The City increased the
Freebie service offered; the City had two (2) vans through mid-April 2022 and then added
six (6)Tesla's to the program on April 15, 2022. The City's Shuttle Bus service maintained
the same level of service until it was reduced from 6 buses to 3 on August 15, 2022.
6305 — Road Resurfacing requires a $300,000 budget amendment due to the increased
cost of materials for the NE 29t" Avenue resurfacing project.
This overage will be offset by the following revenues which the City received more than
anticipated:
• State Revenue Sharing $100,000
• County Transit System Surtax $545,000
7
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2021-17 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2021/2022 FISCAL
YEAR BY REVISING THE 2021/2022 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 2021/2022 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. 2021-17, which Ordinance adopted a budget for the 2021/2022 fiscal
year, by revising the 2021/2022 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. 2023-
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, 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 Rachel S. Friedland
Commissioner Billy Joel
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 Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Seat 2
Commissioner Seat 4
Commissioner Seat 6
Mayor
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City of Aventura Ordinance No. 2023-
PASSED on first reading this 1st day of November, 2022.
PASSED AND ADOPTED on second reading this day of January, 2023.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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City of Aventura
Year-End Budget Amendment
FY2021/2022
Exhibit A
Budget Amended
Adopted Budget Amendment Budget
Object Code Category FY2021-2022 FY2021-2022 FY2021-2022
General Fund
Revenues
3141000 Utility Tax-Electric $ 5,000,000 $ 305,000 $ 5,305,000
3143000 Utility Tax-Water 1,175,000 235,000 1,410,000
3161000 City Business Tax 825,000 210,000 1,035,000
3221000 Building Permits 2,425,000 2,100,000 4,525,000
3351200 State Revenue Sharing 730,000 451,000 1,181,000
3351800 Half Cent Sales Tax 2,475,000 1,300,000 3,775,000
3419500 Lien Search Fees 85,000 80,500 165,500
3472000 Parks& Recreation Fees 250,000 375,000 625,000
3472500 Community Center Fees 100,000 375,000 475,000
3473000 Membership&Guest Fees - 50,000 50,000
3475000 Summer Recreation 300,000 150,000 450,000
3476001 AACC Fees and Rentals 100,000 35,500 135,500
3542000 Intersection Safety Camera Program 1,550,000 1,191,820 2,741,820
3999000 Carryover 15,114,180 1,978,408 17,092,588
Total General Fund Revenues $ 30,129,180 $ 8,837,228 $ 38,966,408
Expenditures
City Commission (0101)
4030 Legislative Expenses $ 66,059 $ 6,160 $ 72,219
5290 Other Operating Supplies 3,200 2,800 6,000
5420 Conferences&Seminars 8,750 9,500 18,250
5981 Events and Sponsorships 1,000 10,000 11,000
Subtotal City Commission $ 79,009 $ 28,460 $ 107,469
City Manager's Office(0501) -
1201 Salaries&Wages $ 440,551 $ 210,000 $ 650,551
2101 FICA 33,702 17,000 50,702
2201 Pension 69,434 28,500 97,934
2301 Health, Life&Disability 58,640 25,000 83,640
3492 Social Media - 190,000 190,000
5901 Contingency 1,000 17,500 18,500
Subtotal City Manager's Office $ 603,327 $ 488,000 $ 1,091,327
Legal Department(0601)
3120 Prof. Services-Legal $ 312,000 $ 73,000 $ 385,000
Subtotal Legal $ 312,000 $ 73,000 $ 385,000
Finance Department(1001)
1201 Employee Salaries $ 700,234 $ 57,000 $ 757,234
5410 Subscriptions&Memberships 4,000 23,000 27,000
Subtotal Finance $ 704,234 $ 80,000 $ 784,234
Police Department(2001)
1401 Overtime $ 900,000 $ 400,000 $ 1,300,000
1410 Holiday Pay 150,000 23,000 173,000
2101 FICA 907,802 32,360 940,162
City of Aventura
Year-End Budget Amendment
FY2021/2022
Exhibit A
Budget Amended
Adopted Budget Amendment Budget
Object Code Category FY2021-2022 FY2021-2022 FY2021-2022
3190 Prof. Services-Traffic Safety Program 700,000 90,000 790,000
4610 R&M-Vehicles 140,000 150,000 290,000
5220 Gas&Oil 245,000 165,000 410,000
Subtotal Police $ 3,042,802 $ 860,360 $ 3,903,162
Community Development(4001) -
3101 Building Inspection Services $ 1,936,046 $ 2,100,000 $ 4,036,046
Subtotal Community Development $ 1,936,046 $ 2,100,000 $ 4,036,046
Community Services(5001) -
3113 Prof. Services-Comm. Cen. Inst. $ 110,000 $ 315,000 $ 425,000
3452 Lands/Tree Maint. Svcs-Parks 535,000 30,000 565,000
4850 Special Events 90,000 30,000 120,000
4851 Cultural/Recreation Programs 150,000 575,000 725,000
Subtotal Community Services $ 885,000 $ 950,000 $ 1,835,000
Public Works/Transportation Department(5401)
4301 Utilities-Electric $ 72,000 $ 43,000 $ 115,000
4320 Utilities-Water 430,000 250,000 680,000
4691 R&M -Streets 80,000 25,000 105,000
5220 Gas&Oil 3,000 22,000 25,000
Subtotal Public Works/Transportation $ 585,000 $ 340,000 $ 925,000
Arts &Cultural Center(7001)
3190 Prof. Services-Programming $ 130,000 $ 250,000 $ 380,000
Subtotal Arts &Cultural Center $ 130,000 $ 250,000 $ 380,000
Non-Departmental -Transfers(9001-581)
9128 Transfer to Charter High School Fund $ - $ 1,978,408 $ 1,978,408
Subtotal Non-Departmental Transfers $ - $ 1,978,408 $ 1,978,408
Non-Departmental (9001-590)
4101 Communication Services $ 105,000 $ 285,000 $ 390,000
4301 Utilities-Electric 175,000 65,000 240,000
4320 Utilities-Water 18,000 32,000 50,000
4620 R&M -Government Center 225,000 50,000 275,000
5901 Contingency 50,000 55,000 105,000
5950 Disaster Supplies - 140,000 140,000
Subtotal Non-Departmental $ 573,000 $ 627,000 $ 1,200,000
Capital Outlay(80xx)
City Manager's Office-8005-512
6402 Computer Equipment<$5,000 $ 2,000 $ 4,000 $ 6,000
Public Works/Transportation -8054-539/541/572
6420 HVAC Replacements - 15,000 15,000
6421 Government Center Improvements 25,000 350,000 375,000
Arts &Cultural Center-8070-575
6208 Building Impr/Equip - 215,000 215,000
City of Aventura
Year-End Budget Amendment
FY2021/2022
Exhibit A
Budget Amended
Adopted Budget Amendment Budget
Object Code Category FY2021-2022 FY2021-2022 FY2021-2022
Non-Departmental -8090-590
6101 Land Acquisition/Purchase 2,791 148,000 150,791
6206 Garage Expansion/Improvements - 255,000 255,000
6410 Equipment>$5,000 - 75,000 75,000
Subtotal Capital Outlay $ 29,791 $ 1,062,000 $ 1,091,791
Total General Fund Expenditures $ 8,880,209 $ 8,837,228 $ 17,717,437
Street Maintenance Fund (120)
Revenues
3351200 State Revenue Sharing $ 210,000 $ 100,000 $ 310,000
3383801 County Transit System Surtax 1,350,000 545,000 1,895,000
Total Street Maintenance Fund Revenues $ 1,560,000 $ 645,000 $ 2,205,000
Expenditures -
3455 On-Demand Transit Service $ 322,954 $ 345,000 $ 667,954
6305 Road Resurfacing 118,000 300,000 418,000
Total Street Maintenance Fund Expenditures $ 440,954 $ 645,000 $ 1,085,954
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager
BY: Robert Meyers, Office of the City Attorney
DATE: October 28, 2022
SUBJECT: A Resolution Establishing the City Chaplain Position and
Appointing Rabbi Guido Cohen as the First City Chaplain
November 1, 2022 City Commission Meeting Agenda Item 10
RECOMMENDATION
It is recommended that the City Commission approve a resolution to create the position
of City Chaplain and appoint Rabbi Guido Cohen as the first City Chaplain.
BACKGROUND
Many municipal governments embrace the appointment of chaplains. Given the issues
confronting local governments, the City Chaplain represents another important resource
to the community. The City Chaplain will strengthen relationships in the community by
offering counseling, comfort and support to government personnel, students and their
families, particularly in responding to critical incidents occurring in the community.
The City Chaplain will be an uncompensated position, appointed for an indefinite term,
serving at the will of the City Commission. Based on the contributions to the City and the
community at large, Rabbi Guido Cohen will be appointed as the first City Chaplain.
Fiscal Impact
This item will have no impact on the City's budget.
CITY OF AVENTURA RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING THE POSITION OF CITY
CHAPLAIN TO SERVE AT THE DISCRETION OF THE CITY
COMMISSION FOR AN INDEFINITE TERM; APPOINTING RABBI
GUIDO COHEN TO HOLD THE POSITION AS THE FIRST CITY
CHAPLAIN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article I, Section 1.04 of the City of Aventura Code of Ordinances
(the "City Code") provides for the enactment of resolutions by the City Commission; and
WHEREAS, the City Chaplain will establish a ministry of presence when visiting
City departments and will maintain confidential communications with City personnel when
responding to critical incidents and may be called upon to attend official City functions at
the request of the City Commission or City Manager; and
WHEREAS, the City Chaplain shall be an ordained member of the Clergy in good
standing in the religious body from which that person is selected; and
WHEREAS, the City Chaplain shall be appointed by the City Commission for an
indefinite term in a voluntary capacity; and
WHEREAS, at its October 3, 2022 City Commission meeting, the City Commission
honored Rabbi Guido Cohen for his extraordinary service to the City; and
WHEREAS, the City Commission wishes to appoint Rabbi Guido Cohen as the
first City Chaplain; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
of the City's residents to create a position of City Chaplain and to appoint Rabbi Guido
Cohen to serve in this position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above stated recitals are hereby adopted and
confirmed.
Section 2. City Chaplain Position. The City Commission hereby establishes the
position of City Chaplain to serve for an indefinite term and at its discretion.
Section 3. Appointment of Rabbi Guido Cohen. The City Commission hereby
appoints Rabbi Guido Cohen as the first City Chaplain.
City of Aventura Resolution No. 2022-
Section 4. Implementation. The City Manager is hereby authorized to take all
action necessary to implement this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Commissioner Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 1st day of November, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2022.
CITY CLERK
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