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12-15-2022 Regular Workshop Agenda The C' y of City Commission Aven" ura Workshop Agenda Revised 12/12/2022 December 15, 2022 Following 9:00 a.m. City Commission Special Meeting Aventura Government Center 5th Floor Executive Conference Room 19200 W. Country Club Drive, Aventura, FL 33180 1. Call to Order/Roll Call 2. Discussion: 2023 Proposed City Commission Meeting Schedule (City Manager)* and Meeting Attendance Policy (Mayor Weinberg) 3. Discussion: 2023 Proposed Aventura City of Excellence School (ACES) and Don Soffer Aventura High School (DSAHS) Meeting Schedules for Governing Boards (City Manager)* 4. Discussion: Adoption of IHRA Working Definition of Antisemitism (Commissioner Kruss)* Future Action Required: Resolution 5. Discussion: Community Development Matters a. Proposed Color Palette for Buildings (City Manager)* b. Ten-Year Painting Requirement (City Manager)* c. Annual Structural Maintenance Certification (City Manager)* d. Schedule for Zoning-Specific Workshop (City Manager) e. Drive Through — B-2 (Starbucks)* f. 341h Street/Country Club Drive Deed Restriction* Future Action Required: Ordinances 6. Discussion: Legal Definition of HERO Housing Program (Mayor Weinberg) 7. Discussion: Vacancies on the a. Don Soffer Aventura High School Advisory Board (City Manager)* b. Police Pension Board of Trustees (City Manager)* c. Community Services Advisory Board (City Manager)* Future Action Required: Resolutions 8. Discussion: a. Selection of an IT Consultant (City Manager)* Future Action Required: Resolution b. Change in Procurement Code — Changing Threshold Requiring Three Quotes from $2,500 to $5,000 (City Manager) * Future Action Required: Ordinance Aventura City Commission Workshop Agenda(Revised 12/12/22) December 15, 2022 9. Discussion: Insurance (Commissioner Dr. Marks) 10. Update: Yacht Club Drive Pocket Park (City Manager)* 11. Mayor Items a. Attendance at Conference for Mayors b. Rotation of Vote Order c. Request to Speak Update 12. City Manager's Annual Review 13. Adjournment. * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 eft y,y 2023 PROPOSED CITY COMMISSION MEETING SCHEDULE January Commission Meeting January 10, 2023 6:00 p.m. January Commission Workshop January 19 or 26, 2023 9.00 a.m. February Commission Meeting February 7, 2023 6:00 p.m. February Commission Workshop February 16 or 23, 2023 9.00 a.m. March Commission Meeting March 14 , 202 6.00 p.m. March Commission Workshop March 23, 2023 9.00 a.m. April Commission Meeting April 4, 2023 6.00 p.m. April Commission Workshop Aril 20, 2023 9.00 a.m. May Commission Meeting May 2, 2023 6:00 p.m. May Commission Workshop May 18, 2023 9.00 a.m. June Commission Meeting June 6, 2023 6:00 p.m. June Commission Workshop June 15, 2023 9.00 a.m. July Commission Meeting July 11, 2023 6.00 p.m. Commission Meeting (Budget Review July 20, 2023 9.00 a.m. July Commission Workshop July 20, 2023 Following 9 am Mtg. August NO MEETINGS September Commission Meetin a tember 5, 2023* 6.00 p.m. September Commission Workshop September 21, 2023 9.00 a.m. October Commission Meeting October 3, 2023 6:00 p.m. October Commission Workshop October 19, 2023 9.00 a.m. November Commission Meeting November 7, 2023 6.00 p.m. November Commission Workshop November 16, 2023 9.00 a.m. December NO MEETINGS *The September meeting is subject to change based on the County and School Board Budget Hearings. The Aventura First and Second Budget Hearings, to be held in September, will be scheduled in July. PURIM March 6-7 PASSOVER Sundown April 5—13 INDEPENDENCE DAY July 4 LABOR DAY September 4 ROSH HASHANAH Sundown September 15 YOM KIPPUR Sundown September 24 SIMCHAT TORAH October 6-8 Agenda Item 3 • 2022-2023 Proposed Meeting Calendar for Aventura City Commission Governing Board of Aventura City of Excellence School (ACES) and Don Soffer Aventura High School (DSAHS) July 21,2022 September 22,2022 Janua 19t" 2023 rY , February 16,2023 0 April 251",2023 May 181",2023 July 201",2023 M N O N *Meetings will be held at the Aventura Government Center(19200 W. Country Club Drive,Aventura, Florida) N unless otherwise noted on the applicable agenda. All meetings are open to the public.Aventura City of Excellence School will begin at [insert time] and Don Soffer Aventura High School governing board meeting will begin �I immediately thereafter. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: December 9, 2022 SUBJECT: Adoption of IHRA Working Definition of Antisemitism (Commissioner Kruss) December 15, 2022 City Commission Workshop Agenda Item 4 Commissioner Kruss requested that the attached be placed on the Workshop Agenda for discussion. If you have any questions, please feel free to contact me. RJW/act Attachment CC03011-12 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE WORKING DEFINITION OF "ANTISEMITISM"; REAFFIRMING THE CITY'S COMMITMENT TO CONDEMN ANTI-SEMITIC, HATEFUL AND HURTFUL MESSAGES AND BEHAVIOR BY THE REAFFIRMATION OF EARLIER RESOLUTIONS DENOUNCING HATE CRIMES AGAINST JEWS AND ANTISEMITISM IN ALL ITS VARIOUS FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, antisemitism, including harassment on the basis of actual or perceived Jewish origin, ancestry, ethnicity, identify, affiliation, or faith, remains a persistent, pervasive, and disturbing problem in American society and the State of Florida; and WHEREAS, antisemitism is at historically high levels in the United States and around the world, and South Florida, with a large Jewish population, is not immune from this plight; and WHEREAS, the FBI has maintained hate crime statistics for the past 25 years, revealing that Jews have been targeted more than any other religious group by a wide margin, with the most recent FBI data reporting that although Jews constitute only 2% of the population of the U.S., Jews were the most targeted religious group, accounting for close to 60% of all religiously-based hate crimes; and WHEREAS, the International Holocaust Remembrance Alliance ("IHRA"), an intergovernmental organization, has established a non-legally binding definition of antisemitism that has been adopted by 37 United Nations member countries, including the United States, and 320 federal government entities, including 22 States within the U.S. and a number of cities; and WHEREAS, the IHRA definition of antisemitism serves as an important tool for law enforcement, public officials and community members to help, identify, measure, monitor and ultimately combat antisemitism and reads as follows: "Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish City of Aventura Resolution No. 2023- individuals and/or their property, toward Jewish community institutions and religious facilities"; and WHEREAS, the City Commission wishes to reaffirm Resolutions 2020-59, 2020- 37E 2019-13 and 2018-45 demonstrating the City's commitment to speak out against all forms of antisemitism wherever and whenever they may be uncovered. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Commission hereby adopts the IHRA definition of antisemitism. Section 2. That the City Commission requests City departments, staff, elected and appointed officials and contractors to familiarize themselves with the IHRA definition of antisemitism, associated IHRA reference materials, examples and articles, and incorporate their use where appropriate. Section 3. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Resolution No. 2023- PASSED AND ADOPTED this_ day of , 2023. HOWARD S. WEINBERG, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Dear Mayor/Commissioner , I am reaching out to you as a constituent, along with the Executive Director for the Florida Region of the Zionist Organization of America,the oldest pro-Israel organization in the U.S., fighting for the safety and security of Israel and for the rights and interests of the Jewish people. The International Holocaust Remembrance Alliance IHRA working definition of antisemitism is being adopted by a growing number of municipalities and counties throughout Florida, in addition to the State of Florida, U.S. State Dept., and over 30 countries, and others. The IHRA definition serves as a powerful tool to combat antisemitism as it helps identify the different types of Jew hatred, including the way we see it commonly manifest today (especially on social media and college campuses), as related to Israel. The Town of Surfside was the most recent Florida municipality to adopt the IHRA definition, earlier this year. I've attached a document with information on rising antisemitism,with just a few recent examples in Florida, and the importance of adopting the IHRA definition as a tool for fighting antisemitism. We've also included a list,below, of the other Florida counties and cities that we're aware of that have adopted the IHRA definition. I don't see Name Of Municipality listed as having adopted the IHRA definition yet,but please forgive me if I've missed it. Is this something that ZOA can work with you on and help make happen? City of Palm Beach Gardens County of Miami-Dade Village of Bal Harbour Town of Juno Beach City of Coral Gables Town of Golden Beach City of Miami City of Doral Town of Bay Harbor Islands City of Miami Beach City of North Bay Village City of Hialeah Gardens City of Sunny Isles Beach Town of Jupiter Inlet Colony Village of North Palm Beach Palm Beach County Key Biscayne Town of Surfside tuna/ei/1897 Im ZIONIST ORGANIZATION OF AMERICA Name of Municipality, Florida Should Adopt the IHRA Working Definition of Antisemitism Antisemitism is at historically high levels in the U.S. and around the world—and unfortunately, Florida has not been immune. Understanding antisemitism in all of its forms is the first step to effectively addressing this serious problem. The IHRA working definition of antisemitism is a widely accepted educational tool for understanding the many ways that antisemitism manifests today, including antisemitism related to Israel. Antisemitism is at Historically High Levels Incidents of assault,harassment and vandalism against Jews have been and remain at near- historic levels in the U.S. The January 2022 terrorist attack on Jews praying in a Texas synagogue is the latest particularly frightening example. For the more than 25 years that the FBI has maintained hate crime statistics, Jews have been targeted more than any other religious group, by a wide margin. Although Jews constitute only 2% of the population in the U.S.,the FBI's latest hate crime statistics (for 2020) show that Jews were the most targeted religious group, accounting for close to 60% of all religiously-based crimes. (See CAE ::Hate Crime(doud.gov).) Significantly,the FBI's statistics are based on voluntary reports from state and local law enforcement and thus do not reflect crimes against Jews that were not reported. Thus, the actual number of hate crimes may well be higher. Antisemitism Affecting Florida In 2020, Florida was among the five states with the highest number of antisemitic incidents. On January 30, 2022, neo-Nazis standing on a highway overpass in Orlando yelled antisemitic slurs, including "Heil Hitler," in front of banners of swastikas. In January 2022, antisemitic flyers were distributed to homes in neighborhoods along the east coast of Florida. One of the flyers named senior U.S. health officials who are Jewish and falsely claimed that Jews are responsible for the U.S. government's response to the COVID-19 pandemic, stating: "Every single aspect of the COVID agenda is Jewish." (See Anti-Semitic fliers dispersed in US by group `motivated by hatred of Jews' (jns.org)). Another flyer distributed promoted an early 20t'century antisemitic publication called "The Protocols of the Elders of Zion,"which purportedly documents a Jewish conspiracy to dominate the world. Though it has been completely discredited and is a work of fiction, the Protocols continues to be used to spread Jew-hatred. 1 In a July 2021 Twitter post, Rafael Shimunov, an anti-Israel activist, disparaged the Israel Defense Forces' rescue efforts after the tragic condominium collapse in Surfside. Shimunov tweeted, "I really don't understand the IDF's involvement in rescue attempts of people tragically crushed under buildings in Miami. Their expertise is crushing buildings with people in them, not rescuing them." Israel-basher Linda Sarsour endorsed the tweet. (See Sarsour Announces Twitter Hiatus After Endorsing Tweet Mocking IDF Involvement in Surfside Rescue (iewishjournal.com).) - - The American Public's Dangerous Ignorance about Antisemitism A recent survey by the American Jewish Committee (AJC) revealed"a disturbing lack of awareness among the general public about the severity of antisemitism in the United States." (See The State of Antisemitism in America 2020: AJC's Survey of the General Public I AJC.) The AJC survey showed that: Almost half of all Americans say that they have either never heard the term "antisemitism" (21%) or they are familiar with the term but are not sure what it means (25%). 72% of Americans say that if a Jewish person or organization considers a statement or an idea to be antisemitic, it would either not make a difference to them (65%) or make them less likely (7%)to consider it antisemitic. As the AJC explained, "The lack of awareness and refusal to enable Jews to define hatred against them create a dangerous breeding ground for anti-Jewish hostility." (See Ignorance About Antisemitism Creates Dangerous Breeding Ground for Hatred of Jews I AJC.) Many American Jews have Experienced Antisemitism and Most are Deeply Concerned about the Problem In January 2022, the Ruderman Family Foundation released the results of a survey of 2500 Jewish American adults in December 2019 and an additional 1000 adults from October— November 2021. (See Over 90% of American Jews Are Concerned About Current State of Antisemitism in the US,New Ruderman Survey Finds - Ruderman Family Foundation (rudermanfoundation.org).) The Ruderman survey revealed that: 75% of American Jews believe that there is more antisemitism today in the U.S. than there was five years ago. 94% of all American Jews say they see at least some antisemitism in the U.S. over the past five years. One in three younger Jews (18-39 years old) say they have personally experienced 2 antisemitism and 60% say they know a family or friend who has. Jews over 60 years old are more likely to have seen"a lot" of antisemitism (62%)than younger Jews (47%). Based on these disturbing findings, the President of the Ruderman Family Foundation stated, "[W]e hope that these findings spur local and national leaders into action on this critical issue. Antisemitism is a threat to American society as a whole and only in tackling this issue as one unified nation will it ever be truly addressed." The IHRA Working Definition of Antisemitism is a Crucial Educational Tool for Understanding and Identifying Antisemitism In 2016,the 31 member states (including the U.S.) of the International Holocaust Remembrance Alliance (IHRA) adopted a non-legally binding "working definition" of antisemitism. The IHRA definition is consistent with and builds on the definition that the U.S. State Department had been using since 2010. The IHRA definition, including the contemporary examples it identifies, provides much-needed guidance for understanding how antisemitism is expressed today. (See What is antisemitism? I IHRA (holocaustremembrance.com)_) The IHRA definition includes a core description of antisemitism as "a certain perception of Jews, which may be expressed as hatred toward Jews." Importantly, the IHRA definition also includes the following contemporary examples of antisemitism: • Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion. • Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions. • Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group,or even for acts committed by non-Jews. • Denying the fact, scope,mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust). • Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust. • Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations. • Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor. 3 • Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation. • Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis. • Drawing comparisons of contemporary Israeli policy to that of the Nazis. • Holding Jews collectively responsible for actions of the state of Israel. The IHRA definition does not speak in absolutes. It expressly notes that in considering these contemporary examples, context is crucial. In addition, the definition makes it clear that "criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic." The IHRA Definition is Widely Accepted, Including in Florida More than 30 countries have adopted the IHRA definition, including the U.S. (See Adoption of the Working Definition I AJC.) Secretary of State Antony Blinken confirmed that the Biden administration "enthusiastically embraces"the IHRA definition, including the examples of antisemitism that relate to Israel. (See Biden admin 'enthusiastically embraces'full IHRA definition of antisemitism (iewishinsider.com).) Several U.S. states have adopted the IHRA definition, including Florida: Florida: See the Florida Educational Equity Act, Florida Statute 1000.05, which includes the contemporary examples of antisemitism. South Carolina,Maine, Kentucky and Texas have also adopted the IHRA definition. (See Use of the Working Definition in the U.S. I AJC.) On International Holocaust Remembrance Day, which fell on January 27, 2022, 10 additional states adopted the IHRA definition: Alabama, Arkansas, Idaho,Nevada, Oklahoma, Tennessee, Utah, West Virginia and Wyoming—all by proclamation—and Virginia by executive order. See 10 US states adopt IHRA definition of antisemitism - The Jerusalem Post(jpost.com).) Close to 40 cities/counties in the U.S. have adopted the IHRA definition, including the following in Florida(see Use of the Working Definition in the U.S. I AJC): City of Palm Beach Gardens County of Miami-Dade Village of Bal Harbour Town of Juno Beach City of Coral Gables 4 Town of Golden Beach City of Miami City of Doral Town of Bay Harbor Islands City of Miami Beach City of North Bay Village City of Hialeah Gardens City of Sunny Isles Beach Town of Jupiter Inlet Colony Village of North Palm Beach Palm Beach County Key Biscayne Town of Surfside In October 2020,the Global Imams Council, comprised of Muslim religious leaders from all denominations, adopted the IHRA definition. Even the sports world has begun adopting the definition, including the English Premier League (the highest level of soccer in England) and Serie A (Italy's premier soccer league). Numerous student governments at colleges and universities across the U.S. have adopted the IHRA definition, and some university administrations have adopted it as well, including Florida State University. Given the alarming levels of antisemitism in the U.S. and around the world, the IHRA working definition of antisemitism provides much-needed guidance for understanding and identifying how the hatred of Jews is expressed today, which is the first step to effectively addressing this ugly bigotry. For more information, contact the ZOA's main office at(212)481-1500,or the ZOA's Florida regional office at florida@zoa.org. Founded in 1897,the Zionist Organization of America(ZOA)is the oldest pro-Israel organization in the U.S. Today,the ZOA is the leading major American Jewish organization fighting for the safety and security of Israel and for the rights and interests of the Jewish people. 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: December 9, 2022 SUBJECT: Proposed Color Palette December 15, 2022 City Commission Workshop Agenda Item 5a BACKGROUND The City Commission requested, at a previous workshop, that staff present a recommendation for the adoption of a color palette for buildings in the City. RECOMMENDATION Having reviewed other cities' codes, it is recommended that Aventura model its requirement after Homestead's ordinance, utilizing colors from Coral Springs' palette, which prohibits red, orange, purple, black, blue and certain shades of green as well as colors that are too dark, deep or bright. Aventura's palette would allow blue. ANALYSIS Review of Coral Springs example.- Coral Springs' palette is set administratively and applies to all structures, including single family homes. Coral Springs prohibits blue, red, orange, purple, black, and certain shades of green as well as colors that are too dark, deep or bright. The color restrictions do not apply to doors and trim (10% max). Code Section 250156 says paint color approval is not required when the color white is used. Otherwise, approval of the Community Development Department is required (Section 8- 20.2). Review of Homestead example.- Homestead's Chapter 32, Article II includes a color palette adopted by the City Commission. The permit requirement applies to multi-family, townhouse or nonresidential buildings. Appeals are to the City Commission. The standard for the Commission to allow colors that don't qualify for an exemption is to determine that the color is harmonious based upon "the color palette as it has been applied to structures that comply with the requirements of the color palette within a three hundred-foot radius." The color requirement is part of the commercial painting permit requirement — adding color as part of the permit review process. A few minor edits from Homestead's model would be needed to make it applicable to Aventura. Additional research In addition to or as an alternative to the recommendation provided, another option could be for staff to conduct further research on the introduction of a more flexible `urban' color palette applicable to higher-density core areas. The built environment in more metropolitan areas benefits from additional colors reflecting against multiple windows and steel surfaces. CONCLUSION Staff recommends Coral Springs' palette (see attached) using Homestead's (model also attached.) Coral Springs' palette prohibits colors that shouldn't be used for buildings. Homestead's model is to handle the requirements administratively. The rules would apply to multi-family, townhouse and nonresidential buildings. Appeals would be to the City Commission. 2 City of Coral Springs's Code Sec. 8-20.2. Building exteriors. (a) All building exterior wall surfaces, including perimeter walls and fences,shall be kept free of faded or chipped paint,and shall be maintained in good repair and good condition to prevent deterioration,and must be repainted,recovered,or cleaned when twenty-five(25) percent or more of any exposed surface becomes discolored,as defined herein or is peeling. (b) All building roofs and gutters shall be kept free of faded or chipped paint and shall be maintained in good repair and in good condition to prevent deterioration,and must be repainted,recovered or cleaned when twenty-five(25) percent or more of any exposure becomes discolored as defined herein or is scaling. (c) Should any exterior surface require painting,the paint color must be approved by the department of community development pursuant to the architectural guidelines and the painting must be completed within sixty(60) calendar days from the date of issuance of the approved paint color application.When the color white is used for painting perimeter walls and fences,a paint color application is not required. (d) No goods,material or equipment shall be displayed or stored on the premises to constitute a nuisance. (e) Owners shall be primarily responsible for the maintenance of buildings,structures and exterior premises whether or not such responsibility has been assigned to or accepted by another party. City of Coral Spring's Palette Please see palette on the next page, or go to: https-//www.coralsprings.gov/Government/Departments/Community-Development/Property- Guidelines/Paint-Color/Paint-Palette 3 Coral Springs' Paint Palette Disclaimer.The colors shown on the palette are for illustrative purposes only Due to differences in computer monitors,printers,and other hardware and software combinations,the colors below are intended to be used as approximations of color.Dbtaininga physical paint color sample is highly recommended.Homeowners are not required to use any particular paint manufacturer,provided that the pain t color matches a color in the approved palette. Please dick on one of the Color Groups(Layers)below taview a full range of color palette. - - - - - - - - _ MMM 39 -- kwlT - - - - _ � - .. _ � W - - - - - - - - - - - MiN .. _ - - - - - w w — — —�ail— M a� 4 PART II -CODE OF THE CITY Chapter 32-DESIGN GUIDELINES ARTICLE II. BUILDING COLOR GUIDELINES ARTICLE It. BUILDING COLOR GUIDELINES Sec. 32-2. Adoption of primary color palette, accessory color palette and color review chart. The city hereby adopts the primary color palette,accessory color palette and color review chart which is on file and available for inspection in the offices of development services and the city clerk.The development services department shall maintain copies of the primary and accessory color palettes and paint samples of the colors listed on the color palettes,and shall make them available for review upon request.Staff shall report to the city council annually on the need for changes to the color palette, by June 1.The staff recommendation shall be based on factors such as changes in the paint manufacturers'color schemes and demand for colors not available on the palette. (Ord. No.2003-05-17,6-2-03) Sec. 32-3. Color chart review application standards. The development services department,when reviewing applications filed pursuant to section 32-4,shall apply the following review standards: (1) Approximately ninety(90) percent of the exterior of each wall of a building or structures shall be in one color of equal or less intensity than one(1)of the colors on the city's primary color palette. (2) Up to two(2)accessory colors contained in the city's accessory color palette may be used for the purposes of emphasizing trim and accenting architectural features of a structure and shall not exceed approximately ten (10) percent of each wall area.Any accessory color selected shall be within the same color chart scheme number as the primary color. However,any color in the white color chart scheme may be used as an accessory color with any primary color on the color chart. (3) Color intensities listed in neighborhood plans approved by the city council or,to the extent applicable, listed in any design guidelines adopted by the city council may be used in the neighborhoods or areas defined in such plans or guidelines, in lieu of those specified in the city's primary or accessory color palettes and color review chart. (4) Colors selected shall be appropriate to the architectural style,ornamentation, massing,scale and structure(e.g.,the application of blue or green hues may be deemed inappropriate on Mediterranean revival architecture). (5) The percentage of a building's or structure's walls,as measured for the purposes of subsections(1)and (2) above, shall be exclusive of glazed areas such as, but not limited to,windows,glass walls,or glass doors,or other unpainted surfaces. (Ord. No.2003-05-17,6-2-03;Ord. No.2004-02-07,§3, 3-1-04) Sec. 32-4. Applicability. (a) The application or use of any colors on the roofs or exterior surfaces of any multi-family,townhouse or nonresidential buildings,structures or walls,and the application or use of window tints and film to the Homestead,Florida,Code of Ordinances Created: 2021-11-12 14:06:03 [EST] (Supp. No.78) Page 1 of 3 surfaces of glazed doors which are a part of or visible from the exterior of any nonresidential buildings,shall require a permit authorizing said exterior color prior to the application of said color. (b) The color charts adopted in section 32-2 shall not be applicable to roofs or exterior surfaces left in their natural state,such as rock,stone,or finished woods,or covered with a clear finish.The color of all trim used with such natural surfaces shall be harmonious with the structure and with neighboring structures,as that term is defined in section 32-8 and as determined by the director. (c) For the purpose of this section,a mixed use building,whether including residential and commercial uses (such as a residence above a store)or industrial and residential uses(such as a watchman's quarters),shall not constitute a residential building and must comply with this article. However,this article shall not apply to structures that are accessory to residential buildings(such as fences,garages,car ports,storage sheds,etc.). (Ord. No.2003-05-17,6-2-03;Ord. No.2004-02-07,§3, 3-1-04;Ord. No.2004-10-41,§ 18, 10-18-04) Sec. 32-5. Amortization of non-conforming colors. All multi-family,townhouse and non-residential buildings,structures or walls shall be brought into compliance with the adopted color palettes and color review chart by March 31,2005. In the event that a property owner is not in compliance with this section, at the request of the director,the code enforcement department shall send a certified return receipt letter to the property owner informing him or her what steps must be taken in order to bring the property into compliance.The property owner shall have sixty(60)days from the date of receipt of the letter to obtain a permit pursuant to section 32-4 and bring the property into compliance with the color palettes and color review chart.The director shall be permitted to extend the time for compliance where good cause is shown.An applicant for such an extension must file a written request on forms to be provided by the director at least two business days prior to the expiration of the compliance period. Extensions filed after the compliance period shall not be considered.Staff shall report to the city council annually, by June 1,on the status of compliance of the existing uses with the color palette,for each year prior to the end of the amortization period. (Ord. No.2003-05-17,6-2-03;Ord. No.2004-10-41,§ 18, 10-18-04) Sec. 32-6. Exemptions. The following buildings or areas of land shall be exempt from the provisions of this chapter. (1) Any building designated as a historic structure,or area of land designated as a historic district by the governments of the United States,the State of Florida, Miami-Dade County,or the City of Homestead; (2) Existing noncontributing buildings or construction of new noncontributing buildings within the downtown historic district that follow the building color guidelines for the downtown historic district, as amended.These guidelines shall be adopted by resolution of the city council; (3) Any development undertaken by any agency of the federal,state,county or city governments including but not limited to the Homestead Air Reserve Base, Miami-Dade County School Board,and Homestead Economic Recovery Organization; (4) Trademarks, brand names,or other business symbol logos located on the exterior of any building existing prior to the effective date of this ordinance.This exemption shall not encompass the use of trade colors as signage on the exterior of any building. (5) Any structure primarily used for a bona fide agricultural use.This exemption shall only apply if the property upon which said structure is maintained is designated as agricultural by the Miami-Dade County Property Appraiser. Created: 2021-11-12 14:06:03 [EST] (Supp. No.78) Page 2 of 3 An applicant claiming an exemption pursuant to section 32-6 shall file a request for such an exemption with the director prior to re-painting.The director shall determine whether the foregoing criteria for the exemptions have been satisfied. (Ord. No.2003-05-17,6-2-03;Ord. No.2005-12-41,§4, 12-5-05) Sec. 32-7. Permit application and review. (a) Application and fee.The development services department shall create and maintain an application form for permits to authorize the application of colors for buildings as set forth pursuant to section 32-4. Each applicant for a permit required pursuant to section 32-4 shall submit to the director for his/her approval, prior to the execution of such work,a sample of the color(s)to be used in such work and a description of the location at which said color(s)will be used.The director shall charge a fee for such review as approved by resolution on the city's fee schedule. (b) Review and determination.The director shall review the application and color sample to determine whether the colors are substantially similar to those provided in the city's adopted color palettes and whether the use of the color complies with the city's color review chart.The director may either grant or deny any such permit application. In the event that the director denies a permit application,the director shall provide a list of alternative acceptable paint colors and color schemes that may be used. (c) Procedure on denial. In the event that the applicant chooses to use the alternative paint colors and color scheme listed in the denial,the applicant shall re-submit an application containing the recommended colors for administrative approval by the director.The applicant shall not be required to re-submit a fee for the subsequent application. (Ord. No.2003-05-17,6-2-03) Sec. 32-8. Appeal to city council. Any decision of the director made pursuant to sections 32-6 or 32-7 may be appealed to the city manager or his or her designee.A decision of the city manager or his or her designee shall be appealable to the city council, and shall be set for review at the next available council meeting.The city manager or the city council shall conduct its own review to determine whether the requirements for an exemption have been satisfied or that the requested colors substantially conform to the adopted color palette or color review chart.Only the city council may permit the use of colors or color schemes that are materially different from those provided in the adopted color palette or color review chart upon a showing that the color selection or use of color is harmonious with neighboring structures. For the purpose of this section,the term, "harmonious"shall mean that there is an agreeable relation between use of colors on and between neighboring structures. In order to determine whether the use of color(s) is harmonious with neighboring structures,the city council shall rely on the color review chart and color palette as it has been applied to structures that comply with the requirements of the color palettes and color review chart within a three hundred-foot radius of the property in question as a benchmark to guide its determination. (Ord. No.2003-05-17,6-2-03) Created: 2021-11-12 14:06:03 [EST] (Supp. No.78) Page 3 of 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp Community Development Director DATE: December 9, 2022 SUBJECT: Ordinance Amending Article I of Chapter 14 of the City Code by Creating Code Section 14-3 Annual Certification of Structural Maintenance, and Amending Article II of Chapter 14 of the City Code by Creating Code Section 14-32 Painting and or Waterproofing of Exterior Building Surfaces Required December 15, 2022 City Commission Workshop Agenda Items 5b and 5c RECOMMENDATION It is recommended that the City Commission: 1) Amend Chapter 14— Buildings and Building Regulations, Article 1. — In General, by Creating Code Section 14-3. —Annual Certification of Structural Maintenance 2) Amend Chapter 14 — Buildings and Building Regulations, Article 11. — Building Code, by Creating Code Section 14-32. — Painting and or Waterproofing of Exterior Building Surfaces Required BACKGROUND During the early morning hours of June 24, 2021, a significant portion of the Champlain Towers South condominium building in Surfside, Florida collapsed. On December 14, 2021, a report about the tragedy by the Miami-Dade County Grand Jury was filed in the Circuit Court of the Eleventh Judicial Circuit of Florida in Miami-Dade County. As part of the education process, the Grand Jury report listed several inexpensive measures that condominium associations could take to help preserve and protect the structural integrity of buildings. Moreover, the Grand Jury report mentioned that condominium associations, while insured, were not meeting policies by their insurance companies premised and conditioned upon, for example, the routine and regular maintenance of the building. Subsequently, when a condominium association failed to comply with their insurance policy's required routine and regular maintenance, damages sustained as a result of the negligence by the association would result in a denial of subsequent claims to the insurance company. For these reasons, the Grand Jury report recommended that Building Officials develop policies and training procedures to remind owners (a.k.a. "the responsible party") of the Building Code protocol to maintain their buildings "in a safe condition."Thus, staff created and suggests implementation of Section 14-3 (see below) which would require the responsible party to submit an annual certification of structural maintenance, which report shall be filed with the City on or before December 15 each year. The Department's recommendation is that a guidance be provided for the responsible party to consider. The guidance would recommend that the report the responsible person prepares, or relies upon, when submitting such certification should consider the following: roof, structure, fireproofing and fire protection systems, elevators, heating and cooling systems, plumbing, electrical systems, swimming pool or spa and associated equipment, seawalls, pavement and parking areas, drainage systems, painting and waterproofing, irrigation systems, and termite protection. The specific elements to be included in the report would not be mandated by the ordinance; the determination of necessity would be made by the owner. The City would verify the annual submittal of the certifications, but would not review their content. The certifications would be kept on file for future reference. Also, amongst the measures mentioned in the report; the routine painting of exterior building surfaces and/or waterproofing roofs and exterior building surfaces is notable and could extend the life expectancy of buildings. In light of this, the report seeks to recommend that Local Building Officials require building owners to paint and/or waterproof their exterior building surfaces at least every 10 years. Therefore, staff created and suggests implementation of Section 14-32 which would require the responsible party for buildings with more than four units to repaint and/or waterproof exterior building surfaces at intervals of 10 years or less. For new buildings the first 10-year interval will start when the exterior building services are first painted and/or waterproofed; for existing buildings, the 10-year interval will start when the exterior building services are last painted and/or waterproofed. Considering the above, the following two code revisions were drafted to implement these two recommendations expressed by the Grand Jury report: Section 14-3. —Annual Certification of Structural Maintenance (a) The duties imposed by this Section are applicable to any person (the "Responsible Person") who serves as the president (the "President') of a condominium association, homeowners association or cooperative owners association (each 2 constituting a "Community Association" for the purposes of this section). The duties of this Section shall also apply to any person, firm, corporation or entity serving as a property manager (the "Property Manager") for a Community Association or as a property manager for any apartment complex of more than four (4) units. (b) The annual certification of structural maintenance described above, shall be filed annually with the City officials listed above on or before December 15 by the Responsible Person. Filing shall be accomplished by hand delivery to the offices of the City's Chief Building Official and City Manager at the Aventura Government Center and/or by email filing at the following link: engineeringreports@cityofaventura.com or other link provided for this purpose on the City's website. (c) If an annual certification of structural maintenance report is hand delivered, it shall be hand delivered to the offices of the City's chief Building Official and City Manager in both digital format and hard copy for compliance with this Section. (d) A Community Association shall be responsible for the payment of any fine which would otherwise be payable by the President of the Community Association for a violation of this Section. (e) The Director of the Community Development shall prepare a guidance to which responsible parties should refer as they prepare their annual certifications. The Director shall annually review the guidance, update it as necessary, and distribute it to the Community Associations and Managers. Section 14-32. - Painting and or Waterproofing of Exterior Building Surfaces Required (a) The exterior building surfaces of all multi-family residential structures containing more than four (4) units shall be repainted and/or waterproofed at intervals of 10 years or less. For new buildings the first 1 0-year interval will start when the exterior building services are first painted and/or waterproofed. For existing buildings, the 10-years interval will start when the exterior building services are last painted and/or waterproofed. This requirement will be tracked by the city and will be effective on the Effective Date as defined below. Repeal of Chapter 30, Article V Chapter 30, Article V (Section 30-180) of the City's Code requires every building to have a termite inspection conducted and submitted to the City every year. It is recommended that this be repealed and included as part of the guidance for the annual certification. 3 BERCOW FERNANDEZ December 1, 2022 LARKIN+ TAPANES " .LAW° VIA ELECTRONIC MAIL 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300, Miami,FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222fax Re: Letter of Intent — Starbucks Coffee Company — Drive Thru in mmarrero@brzoninglaw.com B-2 Zoning, Aventura, Florida Dear Mr. Klopp: Our law firm represents Starbucks Coffee Company with regard to a proposed Starbucks location at the Promenade Shops located 20401 Biscayne Boulevard (the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent in connection with a City Commission Workshop to discuss an amendment to the City's Land Development Regulations ("LDRs") allowing drive-thru uses in the B-2 zoning district. Currently, the City's LDR's permit drive-thru uses in the B-1 zoning district, if approved by the City Commission pursuant to a conditional use permit. However, even though the B-2 zoning district is more intense than B-1, there is currently no mechanism for approval of drive-thru uses in B-2. Starbucks seeks to open a new location at the Promenade Shops and the introduction of Starbucks at this location would require a drive-thru. As you are keenly aware, retail and restaurant trends have evolved in recent years, particularly as a result of changing shopping habits and the impact of the COVD-19 pandemic. As a result, it is important for businesses like Starbucks to have the opportunity to include drive-thru's in their locations. Starbucks understands that drive-thru, if not developed or managed properly, could have a detrimental impact on surrounding properties and traffic flow. This is why a code amendment allowing Mr. Keven Klopp Community Development Director Page 2 drive-thru's should require conditional use approval just like it already does for B-1 zoned properties. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this request. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Sincerely, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com ■ r • ' ■ A TRAFFIC ENGINEERING-CIVIL •O• • 1750 PONCE DE LEON BOULEVARD I CORAL GABLES,FLORIDA 33134 305.447.09001 DPAODPLUMMER.COM November 1, 2022 Mr. Keven R. Klopp Community Development Director City of Aventura 19200 West Country Club Drive Aventura, FL 33180 305.466.8943 kl oppk2cityofaventura.com RE: Starbucks Aventura Preliminary Queuing Review -#22222 Dear Keven, The proposed Starbucks will be located at 20495 Biscayne Boulevard in Aventura, FL (see Attachment A for the site plan). The project proposes to re-develop an existing bank with drive- thru into a 2,500 SF Starbucks with a drive-thru window. The site will also include a 500 SF covered terrace and will provide 13 parking spaces. The purpose of this traffic statement is to provide a preliminary assessment of the drive-thru window queue length. The proposed Starbucks is providing a queue length of 265 feet measured from the start of the drive-thru lane to the pick-up window. This distance is sufficient to accommodate approximately 13 vehicles. It should be noted that the proposed Starbucks will be located at an out-parcel within an existing shopping center(Promenade Shops) and the driveways will connect to an internal roadway. The distance from the Starbucks driveway accessing the drive-thru to the public right-of-way (Biscayne Boulevard/US-1) is approximately 370 feet. Starbucks provided a queue study conducted in May 2022 at two existing Starbucks; one located in Stuart and one in Port St. Lucie. The queue data was collected from 7:00am to 11:00am. The results of the study show a maximum of 13 vehicles recorded in queue and the average queue was 6 vehicles. Attachment B provides the queue study data. Based on the queue data, the proposed Starbucks provides adequate queue length storage to accommodate the queue demand. The distance for the proposed driveway to the public right-of- Since 1978 way should be sufficient to ensure that any spill back from queueing will not impact Biscayne Boulevard. It should also be noted that the peak demand for Starbucks is during the morning hours when most of the retail center will be closed minimizing any impact to the internal operations of the center. We stand ready to provide any support needed for this project. Should you have any questions or comments,please call me at(305) 447-0900. Sincerely, Ju Espinos , PE Vice-President—Transportation w:\22\22222\traffic statement october 2022.docx Re: Starbucks Aventura Traffic Statement-#22222 Page 2 P� Since 1978 Attachment A Site Plan Since 1978 n z x Q: u SV WNO H ua 0 > wo 4 Qao=� s�z wr1 � oswa wa 4,d U U S U J U Z U W ¢ — —�az9ui aaU 5 i o w-Q¢ - +i c5 m �� 000 «< W �¢ w a v, 00 N � ¢ o � � wwmmvwiai¢5 ��LL c¢i c¢i .55 6 d O k� I \Ot1 •O� � Ti� \ � \ / 2Lu `1 goy R � 3 o, a4r� N LL _ � 0 N ab 8 0� P N ram . %. 434 41 F c'o ` I zl a a Attachment B Queuing Study Data dP® Since 1978 Stuart Starbucks May 17, 2022 Time Queue Queue Time 7:00 5 1 9:00 7:05 4 5 9:05 7:10 6 7 9:10 7:15 4 4 9:15 7:20 7 4 9:20 7:25 12 3 9:25 7:30 8 4 9:30 7:35 5 8 9:35 7:40 8 8 9:40 7:45 12 5 9:45 7:50 3 5 9:50 7:55 4 3 9:55 8:00 9 3 10:00 8:05 7 2 10:05 8:10 9 2 10:10 8:15 9 3 10:15 8:20 6 5 10:20 8:25 6 5 10:25 8:30 3 4 10:30 8:35 5 1 10:35 8:40 3 3 10:40 8:45 4 4 10:45 8:50 9 2 10:50 8:55 5 2 10:55 2 11:00 Maximum Queue: 12 95th Percentile Queue: 9 Average Queue: 6 PSL Starbucks May 18, 2022 Time Queue Queue Time 7:00 0 13 9:00 7:05 9 13 9:05 7:10 10 9 9:10 7:15 4 11 9:15 7:20 6 11 9:20 7:25 8 10 9:25 7:30 7 11 9:30 7:35 1 10 9:35 7:40 6 7 9:40 7:45 4 7 9:45 7:50 2 7 9:50 7:55 3 5 9:55 8:00 4 5 10:00 8:05 2 4 10:05 8:10 6 6 10:10 8:15 3 7 10:15 8:20 2 6 10:20 8:25 8 8 10:25 8:30 8 9 10:30 8:35 6 7 10:35 8:40 6 8 10:40 8:45 7 2 10:45 8:50 10 2 10:50 8:55 13 2 10:55 3 11:00 Maximum Queue: 13 95th Percentile Queue: 12 Average Queue: 6 of • ' - w♦ f1b y n ' fw r _ f L. f �4 f Ai err •ham _ it 1 r: I rq�� Y � ti i V v l � •7 A A O W oil i I+ Rim O w r + . I 7� I r I Y 1 I� •^7 �1 �1 W JLWr ' November 2.1, 2022 E THAL ROSENTHAL Mr. Keven Klopp Community Development Director a 1 T° 1 " E `` S AT `A W City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: VyV Proposed Development of Property at 20605 NE 34"' Avenue and Submerged rand on the North Side of Canal South of 207"' Street City Commission Workshop Meeting In December Dear Mr. Klopp: In connection with the captioned, please accept this letter as a request to place the proposed development of the subject properties, previously submitted to you and the City Manager for review, on the City Commission Workshop Agenda for :December, 2022. The subject development consists of twenty two condominium units, in a fifteen story building, together with twenty five - sixty foot boat docks for the exclusive use of condominium owners on the submerged land, and a passive park for Aventura residents. Ten copies of the Preliminary Proposed Site Plan are provided herewith, together with a flash drive and a color Rendering. Please note that the modifications previously suggested by you and the City Manager to the passive park so as to allow for water views and a circular walk, as well as changes to the vehicular traffic traveling within the confines of the development, have been incorporated into the Plans. Other changes suggested by the developer and the architect are being incorporated into the Plans, and it is contemplated that the City Commission may have requests for other modifications to the Plans, which likewise will be incorporated, if possible. Your courtesy and cooperation in placing this matter on the City Commission Workshop Agenda for December, 2022 is appreciated, and I look forward to meeting with you, the City Manager and the City Commission at that time. Respectfully submitted, ROSENTI IAL R JSEN;rHA� BY AN S. RO TFIAL ASR:cw cc: Mr. Ron Wasson, City Manager VyV Capital Management, LLC One Aventura,20900 ME. 30"Avenue:, Suite(goo,Aventura, Florida 33180 305.93T0300 J Fay:: 305.937.1311 _ L O 0 a in LLI m W-0 a pNo rmu � gz ULU o a z0 o} �0 0� J Q Cn w Q O U N 0 �} — J N V J M z CN �z - 0 � N o W � LU w z o w — QQ in w w� z LU < < < < < < < < < < Q < asQ < a > O O z (C) n O W N U Z O CU IL co\a[ • a u o � r CI4 0 czi in LLI MUH LLI LU LU I,, A . . \ \ �\ \ >� \ \ >��w. \�� ` \� . \ \ \ / \ \� } \ �, \ 3 \�� . . \ \ \ \ \\ � � � . � \< � �\ \. / \ / ay . � /\� \ \��\ �\\ � �\w §� �\ � 2- a co\a[ Y �Y • ti 3 gX I� r lq .y +• t 3 C - _ V �4, � L Q 9 4 � i N 0 0 !T� LLI gg LLI l 2 0 0 R R R RJR R R R R ot ll H 11.1 T O-Z D ve LL- L-7'ji LLI Ir U) SON 0 O LLI 2E Ir < 2E Ir wQ 0 < LLI < N lu LL .1 LL .1 \ LLI U) H, LLI LU U) Tld ,all (D C14 co (D Lo ) ui > U) ui F-- U) > ui ui > D U) LU 0 0 F- - U) z !U) (D 04 ! \ . \� ------------ LU LU U) U) U) < LU LU LU 0 0 0 z z z I- LO co CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: December 9, 2022 SUBJECT: Vacancies on the Don Soffer Aventura High School Advisory Board, Police Pension Board of Trustees, and the Community Services Advisory Board (City Manager) December 15, 2022 City Commission Workshop Agenda Items 7a,7b,and 7c Currently, vacancies exist on the following boards: DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD Current Members No Longer Serving - Patrick Brown - Patrick Brown - Jorge Garcia - Dana Newman Marin - Dana Newman Marin - Nikki Shein - Michael Yavner POLICE PENSION BOARD OF TRUSTEES Current Members No Longer Serving - Robert Feierstadt - Billy Joel - Laurence A. Herrup - Billy Joel - Iris J. Roth - Kenneth Sealy December 9, 2022 City Commission Re: Board Vacancies Page Two COMMUNITY SERVICES ADVISORY BOARD Current Members No Longer Serving - Sandra Kaplan - Jaclyn Riley - Daniel Naim - Michael Stern - David Pulver - Jaclyn Riley - Marjorie Rosenblatt - Michael Stern - Sherry Superfine We will be advertising to fill these positions. If any Commissioner has any recommendations for any of these positions, please let me know. If you have any questions, please feel free to contact me. RJW/act CC03010-22 11/22/22, 11:45 AM Aventura, FL Code of Ordinances DIVISION 2. - COMMUNITY SERVICES ADVISORY BOARD Footnotes: ---(3)--- Editor's not Ord. No, 2001-08, § 1, adopted July 3, 2001, repealed the former Div, 2, §§2-121-2-126, which pertained to the Beautification Advisory Board and derived from Ord. No. 96-24, §§ 1-6, adopted Oct. 16, 1996 and Ord. No. 2000- 12, § 1, adopted May 2, 2000. Section 2 of Ord. No. 2001-08 enacted a new Div. 2 as set out herein. Sec. 2-121. - Creation, composition and qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of seven members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per them expenses. (b) Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six-month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: (1) Expressed interest and/or experience in landscape design and architecture, beautification projects, youth and/or senior citizen programs, recreation activities, culture and the arts. (2) Evidence of a commitment to serve and act in the best interests of the citizens of Aventura. (c) In the event that a member of the Board has two unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two- thirds of the remaining members of the Board. The City Manager or his designee shall provide necessary staff support for the Board. (Ord. No. 2001-08, § 2, 7-3-01; Ord. No. 2005-04, § 2, 5-3-05; Ord. No. 2008-18, § 1, 11-6-08) Sec. 2-122. -Term of office. Board Members shall serve for a term of one year and may be reappointed. (Ord. No. 2001-08, § 2, 7-3-01; Ord. No. 2005-04, § 2, 5-3-05) aboutblank 1/3 11/22/22, 11:45 AM Aventura, FL Code of Ordinances Sec. 2-123. -Advisory capacity, The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. (Ord. No. 2001-08, § 2, 7-3-01; Ord. No. 2005-04, § 2, 5-3-05) Sec. 2-124. - Rules of procedure. (a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman. (c) Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least four affirmative votes shall be required for official action. (Ord. No. 2001-08, § 2, 7-3-01; Ord. No. 2005-04, § 2, 5-3-05) Sec. 2-125. -jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission or a recommendation by motion of the Board. The following matters shall be within the advisory jurisdiction of the Board: (1) Stimulate greater public awareness and encourage participation by the community in beautification and go green initiative by establishing recognition programs. (2) Review and provide input on special events, recreation activities, senior and youth programs, go green initiatives and the shuttle bus services. (3) Act as the City's Tree Board for the Tree City U.S.A. requirements. (4) Other matters assigned by the City Commission and City Manager. (Ord. No. 2001-08, § 2, 7-3-01; Ord. No. 2005-04, § 2, 5-3-05; Ord. No. 2008-18, § 2, 11-6-08) Sec. 2-126. - Standards of conduct for members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. abouttlank 2/3 11/22/22, 11:45 AM Aventura,FL Code of Ordinances (Ord. No. 2001-08, § 2, 7-3-01) Secs, 2-127-2-150. - Reserved. 3/3 abouttlank 11/22/22, 11:46 AM Aventura, FL Code of Ordinances DIVISION 8. - DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD Sec. 2-218. - Creation and composition. (a) There is hereby created and established the Don Soffer Aventura High School Advisory Board (the "Board") consisting of seven members as follows: (1) Non-voting members. The City Manager, or his/her designee, and the Principal of the Don Soffer Aventura High School, or his/her designee, shall serve as ex officio, non-voting members. (2) Voting members, Three individuals who shall be residents of Aventura shall be appointed to the Board by the Mayor subject to approval of the City Commission for a two year term. Two members of the Board shall consist of parents of those students enrolled in the Don Soffer Aventura High School who are selected by the parents of the High School students, for appointment by the Mayor, subject to approval of the City Commission, for a one year term commencing September 1 and expiring on August 31 of the following year. (b) Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per them expenses. (c) In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission in accordance with procedures established herein. (d) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three consecutive meetings or in the event that a member has two unexcused absences in a six month period, then in that event such member shall automatically be removed as a member of the Board by the City Manager. (Ord. No, 2019-04 , § 2, 4-2-19) Sec. 2-219. - Process for appointment of board members. (a) Individuals wishing to be a member of the Board as to the three resident positions described in section 2-218 above, shall make application to the City Manager on the forms provided for by the City. The City Commission shall interview all applicants prior to the selection of such Board members. (b) Individuals wishing to be a member of the Board as to the two parent of student positions described in Section .21-218 above, shall make application as provided on forms provided by the Principal of the Don Soffer Aventura High School in a manner consistent with the School Charter. abouttlank 1/3 11/22/22, 11:46 AM Aventura, FL Code of Ordinances (Ord. No. 2,019-04 , § 2, 4-2-19) Sec. 2-220. -jurisdiction, duties and meetings. (a) The duties of the Board shall include but not be limited to the following: (1) Review of school's policies to ensure consistency with the school's mission statement and with attainment of performance standards; (2) Review and evaluate goals and performance of the school and make recommendations; (3) Review the annual budget and provide recommendations to the management company, City Manager and Governing Board; (4) To abide by the goals and objectives and fulfill the requirements of the Charter Agreement with the Miami-Dade County School Board, as amended from time to time. (5) Assist and provide advice on fund raising efforts. (b) The actions, decisions and recommendations of the Advisory Board shall not be final or binding on the Governing Board, but shall be advisory only. The Board or its members shall coordinate all recommendations for improvement in the operation of the Don Soffer Aventura High School through the City Manager and shall not interact directly with the school administration and staff. (c) An organizational meeting of the Board shall be held as the first meeting of each year, or as soon thereafter as practicable, for the purpose of electing officers for the ensuing year. A Chair and Vice-Chair shall be elected for terms of one year by the Board from its voting membership. At least one regular meeting of the board shall be held each month from September through June of each school year, unless otherwise determined by the Board. Special meetings of the Board may be called by the City Manager. (Ord. No. 2019-04., § 2, 4-2-19) Sec. 2-221. - Rules of procedure; quorum (a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board, the members shall elect one Chair. (c) Three members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least three affirmative votes shall be required for official action. (Ord. No. 2019-04 1 § 2, 4-2-19) aboutblank 2/3 11/22/22, 11:46 AM Aventura, FL Code of Ordinances Sec, 2-2:22. - Standards of conduct for members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees, as set by federal, state, county, city or other applicable law pursuant to City Charter Section-7.03. (Ord. No. 2019-04 , § 2, 4-2-19) 3/3 abouttlank 11/22/22, 11:47 AM Aventura, FL Code of Ordinances Sec. 36-23. -Administration of the Retirement Plan, (a) The sole and exclusive administration of, and the responsibility for the proper, effective operation of the Retirement Plan and for implementing the provisions of this article is vested in a Board of Trustees. (b) The Board of Trustees shall consist of five persons; two of whom shall be legal residents of the City of Aventura and who shall be appointed by the City Commission from a list provided by the City Manager. Two members of the Board of Trustees shall be police officers elected by a majority of the police officers who are active members of the plan. Police officers participating in the DROP established by section 36-35 may serve as elected trustees but may not vote in such elections. A fifth member of the Board shall be chosen by a majority of the other four Trustees, and such person's name shall be submitted to the City Commission for appointment. The City Commission shall appoint the fifth member selected by the other four Trustees as a ministerial duty. (c) All Trustees shall serve a term of four years. If a vacancy shall occur prior to the expiration of a member's term due to the resignation of a trustee, an elected trustee no longer being employed as a full-time City police officer, or an appointed trustee no longer residing in the City, a replacement member shall be chosen in the same manner as the person who has left office. A replacement Trustee shall serve a full four year term measured from the date of replacement. All Trustees shall serve until their replacements are selected. (d) The Board of Trustees shall prescribe a uniform election procedure for the selection of the active member Trustees. (e) All Trustees shall serve without compensation, but they shall be reimbursed from the fund for all necessary expenses authorized by the Board, including, but not limited to reimbursement for leave time used for educational conferences approved by the Board. The Board shall be permitted to prescribe uniform rules for reimbursement for travel expenditures, consistent with City travel policy. (f) The Board of Trustees shall annually select a chairman and a secretary who shall execute all documents on behalf of the Board. (g) A majority of the members of the Board shall constitute a quorum for the transaction of business and shall have full power to act under the terms of the plan. Three concurring votes shall be required of the Board to take action. (h) The Board shall keep minutes of all meetings and a record of any action taken by the Board shall be kept in written form and maintained by the Board. (i) The Board of Trustees shall have the authority to make such uniform rules and regulations and to take such action as may be necessary to carry out the provisions of the plan and all decisions of the Board of Trustees, made in good faith, shall be final, binding and conclusive on all parties. abouttlank 1/3 11/22/22, 11:47 AM Aventura,FL Code of Ordinances The Board of Trustees shall be deemed the named fiduciary of the plan and shall discharge its responsibilities solely in the interest of the members and beneficiaries of the plan for the exclusive purpose of providing benefits to the members and their beneficiaries and to defray the reasonable expenses of the plan. The Trustees shall exercise those fiduciary responsibilities with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a similar character and with similar aims. (k) The Board of Trustees shall have the following administrative duties: (1) To maintain such records as are necessary for calculating and distributing retirement benefits; (2) To maintain such records as are necessary for financial accounting and reporting of Retirement Plan funds; (3) To maintain such records as are necessary for actuarial evaluation of the Retirement Plan, including investigations into the mortality, service and compensation experience of its members and beneficiaries; (4) To compile such other administrative or investment information as is necessary for the management of the Retirement Plan; (5) To process, certify and/or respond to all correspondence, bills and statements received by the Retirement Plan, as well as all applications submitted to the Board for retirement benefits; (6) To establish and maintain communication with City departments and other agencies of government as is necessary for the management of the Retirement Plan, including preparing, filing and distributing such reports and information as are required by law to be prepared, filed or distributed on behalf of the Retirement Plan; (7) To determine all questions relating to and process all applications for eligibility, participation and benefits; (8) To distribute at regular intervals to employees, a comprehensive summary plan description and periodic reports regarding the financial and actuarial status of the plan; (9) To retain and compensate such professional and technical experience as is necessary to fulfill its fiduciary responsibilities; (10) To make recommendations to the City Manager regarding changes in the provisions of the plan; (11) To assure the prompt deposit of all member contributions, City contributions, Chapter 185 monies, and investment earnings; (12) To establish a uniform set of rules and regulations for the management of the Trust; (13) To take such other action as the Trustees shall deem, in their sole and exclusive discretion, as abouttlank 2/3 11/22122, 11:47 AM Aventura, FL Code of Ordinances being necessary for the efficient management of the plan. (1) The Board shall have the authority to retain its own legal counsel, accountants, actuaries and other professional advisors to assist the Board in the performance of its duties, The Board may act without independent investigation upon the professional advice of the advisors so retained. (m) The Board is authorized to prosecute or defend actions, claims or proceedings of any nature or kind for the protection of the fund assets or for the protection of the Board in the performance of its duties. (n) Neither the Board nor any of its individual members shall have any personal liability for any action taken in good faith. The Trustees individually and the Board as a whole shall be entitled to the protections in F.S. § 768.28. The Trustees shall also be authorized to purchase from the assets of the fund, errors and omission insurance to protect the Trustees in the performance of their duties, as well as a fidelity bond with minimum coverage of$500,000. Such insurance shall not provide protection against a Trustee's fraud, intentional misrepresentation, willful misconduct or gross negligence. (o) No Trustee shall be responsible at his or her own expense, to take legal action to correct the misconduct of any other member of the Board of Trustees. A Trustee shall have an affirmative obligation, however, to publicly reveal any misfeasance, malfeasance or nonfeasance by a co- Trustee, and upon making such revelation in a public meeting, shall be relieved further individual responsibility of the actions of that co-Trustee. (Ord. No. 2004-07, § 1, 3-2-04; Ord. No. 2010-07, § 2, 7-6-10; Ord. No. 2019-12 1 § 3, 7-9-19) abouttlank 3/3 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: December 9, 2022 SUBJECT: Resolution Setting Forth the Ranking of the Enterprise Resource Planning ("ERP")/IT Consultant to Assist in the City's Selection and Implementation of a New ERP System December 15, 2022 City Commission Workshop Agenda Item 8a RECOMMENDATION It is recommended by the ERP/IT Consultant Selection Committee (the "Committee) that the City Commission adopt the attached resolution which sets forth the ranking of firms to assist the City in identifying and implementing an Enterprise Resource Planning (ERP) solution providing for a modern, core financial system that integrates with existing Community Services, Community Development, and Human Resources applications. BACKGROUND The City currently utilizes the same financial system software that was implemented shortly after the City was incorporated over 25 years ago. The City's current system, HTE, is outdated and limited as far as reporting, data access, and transparency. Upgrading and implementing a new system is imperative and long overdue. Moving to a more innovative and user-friendly solution will allow the City to step forward into a paperless environment, improving processes tremendously as well as, providing efficiencies in data transfers, financial reporting, and application integration across all City departments. The City established a Selection Committee consisting of the Finance Director, Controller, IT Director, Community Development Director, and HR Manager. The Committee was formed to- - Publicly announce requests for proposals - Provide interested firms with a request for a proposal - Evaluate proposals 1 The City prepared an RFP that included detailed criteria for the evaluation of proposals and for the ranking of firms. The City advertised the availability of the RFP in the Daily Business Review on April 22, 2022. In addition, a solicitation package was made available from www.demandstar.com on April 22, 2022. Proposers were given until May 17, 2022, to submit questions. An addendum to the RFP was sent out by the City on May 18, 2022, which answered and addressed the questions that were submitted. Four proposals were received and opened at Government Center on May 24, 2022. The four (4) proposals are listed (in alphabetical order) below- - Avero Advisors - Berry Dunn McNeil & Parker, LLC - Plante & Moran, PLLC - Tech Army, LLC The proposals were reviewed by the Committee. As part of the evaluation process, the Committee shortlisted the four (4) proposals to three (3) firms. All three firms made in- person oral presentations to the Committee on August 2, 2022. After the presentations concluded, the Committee ranked the firms in order of preference (listed below) as to the most highly qualified to perform the required services. Committee's Ranking of Consulting Firms in order of preference (with 1 being the best): 1. Berry Dunn McNeil & Parker, LLC 2. Avero Advisors 3. Plante & Moran, PLLC Based on the foregoing, the Committee requests that the City Commission approve the attached resolution establishing a ranking of firms to perform ERP and IT Consulting Services. A copy of the RFP, submittals by all firms, and other supporting documents are available for review in the Finance Department. The City Commission can approve the rankings of the Committee or may establish a different ranking. If the Commission chooses to rank the firms in a different order than that which was recommended by the Committee, it must document in its public records the reason for not selecting the highest ranked firm and the reason for the change in ranking cannot be due to compensation. Assuming the adoption of the attached resolution by the Commission, the Administration shall negotiate a contract with the first-ranked firm. If the Administration is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall terminate and the Administration shall then negotiate with the second-ranked firm and so on until a contract is obtained. At the January 2023 Commission meeting, the Administration will submit a contract for ERP/IT Consulting services for approval based on the negotiations. 2 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE RANKING OF FIRMS TO PERFORM ENTERPRISE RESOURCE PLANNING ERP/IT CONSULTING SERVICES; AUTHORIZING THE SELECTION COMMITTEE TO NEGOTIATE AN AGREEMENT FOR SAID SERVICES WITH THE FIRST RANKED FIRM; AUTHORIZING THE SELECTION COMMITTEE TO NEGOTIATE AN AGREEMENT WITH THE SECOND RANKED FIRM IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE SECOND RANKED FIRM; AUTHORIZING THE SELECTION COMMITTEE TO NEGOTIATE AN AGREEMENT WITH THE THIRD RANKED FIRM IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE SECOND RANKED FIRM; PROVING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with its Charter and applicable State law, has requested proposals from ERP/IT Consulting firms to assist in the selection and implementation of a new ERP software system (the "System"); and WHEREAS, a Selection Committee was appointed to evaluate and rank the proposals for this System: and WHEREAS, based on the experience and qualifications of the firms submitting proposals, the Selection Committee ranks the proposals in the following order: 1) Berry Dunn McNeil & Parker, LLC; 2) Avero Advisors; and 3) Plante & Moran, PLLC; and WHEREAS, the City Commission desires to authorize the Selection Committee to negotiate an agreement with the top ranked firm and with the second and third ranked firm(s), should negotiations with the top ranked firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The above stated recitals are hereby adopted and confirmed as being true and correct and are hereby made a specific part of this Resolution. City of Aventura Resolution No. 2023 Section 2. The Committee's ranking of the proposals in the following order: 1) Berry Dunn McNeil & Parker, LLC; 2) Avero Advisors and 3) Plante & Moran, PLLC is hereby approved. Section 3. The Selection Committee is authorized to enter into negotiations with the first ranked firm to reach an agreement. In the event an agreement with the first ranked firm cannot be reached, the Selection Committee is authorized to negotiate with the second and third ranked firms in order to reach an agreement. Section 4. The final negotiated contract price shall be approved by the City Commission prior to commencement of work by the selected firm. Section 5. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Resolution No. 2023 PASSED AND ADOPTED this day of January, 2023. HOWARD S. WEINBERG, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA ENTERPRISE RESOURCE PLANNING(ERP)IINFORMATION TECHNOLOGY(IT)CONSULTING SERVICES RFP#. 2-05-2 -3 Evaluation Committee Ranking Tuesday,August 2,2022 information tDiredor Community: Finance Human Technology Development Department ResourcesTotal Company Name Finance Director Director Controller ana er Pointe RankPlante&Moran PLLC 84 3537 &5 55 426 3 Avero Advisors 69 9095 80 99 435 2 BerryDunn McNeil&Parker LLC 55 95 91 95 90 455 1 Evaluation Commitive SAwt Umd Total Son Is baud on Proasol Critsda as oudined on Pages 11&11 of die a Signature*hors .Sarlu,CPPB CITY OF AVENTURA ENTERPRISE RESOURCE PLANNING(ERP)IINFORMATION TECHNOLOGY(IT)CONSULTING SERVICES RFP#- 22-M24-3 Proposal Tabulation Sheet Proposal Opened After 3:00 P.M.on Tuesday,May 24,2022 Cornipany Name: Plante&Moran,PLI-C Avero Advisors BerryDunn McNeil&Parker, LI-C Tech Army, LLC Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. AN other offers submitted in response to this solicitation, if any, are hereby rejected as late. Signature: Indra K.Sarfu,CPPB Date CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: December 9, 2022 SUBJECT: Ordinance Amending Procurement Code Sec. 2-251, 2-252 and 2-253 to Increase Purchase Threshold from $2,500 to $5,000 December 15, 2022 City Commission Workshop Agenda Item 8b RECOMMENDATION It is recommended that the City Commission approve the attached ordinance, which amends the City Procurement Code Sec. 2-251, 2-252 and 2-253. BACKGROUND The City's Procurement Code currently requires three (3) vendor quotes for all purchases over $2,500. Rising costs and labor shortages are making it more difficult to procure goods and services in a timely manner with this threshold and has led to delays for multiple City departments. In addition, the City's thresholds have not changed since 2006. A survey of cities in Miami-Dade and Broward Counties (Exhibit A) is attached and shows that the majority of cities have thresholds higher than $2,500. Increasing the threshold to $5,000 will bring the City to a more appropriate level and provide for a more efficient procurement process. There are minor, clean-up type changes to Sec. 2-251 and 2-253, which set guidelines so that purchases cannot be split or divided to avoid the established purchasing limits. 1 � v _ O > '— N C O N 3 o u p � O 0 O ^ u O O to i c ++ m O O O 0 0 0 0 0 0 Ln .i O "p 2 m � O O O .--i O O O O a? 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N O L N N y s u s a s d m s c m c v m N N i omC s a/ L C m O C 4-1c oa ai m N °o u d E a c 'AC m a1 al m L � la a/ 00 4J c 3 m 3 A d R a :: m c7 `�° g o = y c s 3 c R Cp c m ap E E 'E s f0 s ca a o o > 3 ai Q 41 p W u u L L w r L f0 M 1_d i ' - c6 > O O O O a, 0 i m o o m w m o 3 3 3 3 a ;^ 3 O vQ muuu0L. 9 x � � � zz aaaaNN w — c Tu f6 w w w w w w w w w w w w w w w w w w w w w w w O 0 a) O 3 0 O O O O O O O O O O O O O O O O O O O O O O C C M V d m U U U U U U U U (U U U U U U (U N U U U U (U U CU F F CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "FINANCE," DIVISION 3 "PURCHASING," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE FOR ENHANCED PURCHASING AUTHORITY AND REVISE EXEMPTIONS FROM COMPETITIVE BIDDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, in order to improve the efficiency of the purchasing process it is necessary to update the purchasing guidelines and procedures which were initially adopted by the City in 1996; and WHEREAS, the City Commission desires to amend Chapter 2, Article IV "Finance," Division 3 "Purchasing," to provide updates to existing provisions concerning purchasing guidelines; and WHEREAS, the City Commission finds that the proposed amendment is in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 2 "Administration," of the City Code of Ordinances is hereby amended to read as follows: Chapter 2 -ADMINISTRATION ARTICLE IV. — FINANCE Underlined provisions constitute proposed additions to existing text. Double underline text indicates changes made between first and second reading. City of Aventura Ordinance No. 2023- Sec. 2-251. - Generally; authority of City Manager. The City Manager shall supervise and have full authority to approve or disapprove purchases by all departments. The City Manager subject to rules and regulations established by ordinance shall issue rules and be responsible for enforcing purchasing procedures as he deems necessary from time to time Purchases shall not be divided to bypass established purchasing limits. It is the responsibility of the department heads and the City Manager to ensure all purchases are consistent with and support the approved budget prior to committing funds. The City Manager shall approve all contracts relating to purchases of the City subject to the provisions of this division. All expenditures pursuant to this division shall conform to section 3.09 of the Charter. Sec. 2-252. Purchasing Guidelines. (a) Purchases not greater than $2-509.00 $5,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is not greater than $`',FAO-$5,000.00 may be made or entered into by the City Manager without competitive bidding and without City Commission approval. Procurement Cards. The City Manager or designee shall have the authority to issue city procurement cards to employees at the request of the department director. The City Manager or designee shall develop operational policies and procedures for the use of the procurement cards, which shall be adopted as an administrative policy. (b) Purchases of more than $2,500.0 $5,000.00 but less than $50,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is in excess of $2,500.00 $5,000.00 but which is less than $50,000.00, may be made or entered into by the City Manager without City Commission approval, provided that three (3) quotations are obtained from individual vendors. Single purchases and contracts of greater than $50,000.00 shall not be artificially divided into multiple segments to bypass the informal competitive bidding requirements of this division. Emergency Purchases. Notwithstanding any other provision of this Code, the City Manager or designee may make or authorize others to make emergency purchases, where necessary to purchase an operating or capital item immediately. The City Manager is authorized to determine if an emergency exists for purposes of emergency purchases and procurements. If an emergency does exist, the City Manager shall authorize emergency Page 2 of 5 City of Aventura Ordinance No. 2023- expenditures for the procurement or temporary acquisition of supplies. equipment and services necessary to meet the city's needs as a result of the emergency, and may delegate authority for a department head or other designee to secure emergency proposals. Any emergency procurement exceeding threshold as defined in section 2-252(c) shall be reported to and authorized by the City Commission. Sec. 2-253. Exemptions from Competitive Formal Bidding. The following exemptions from competitive formal bidding are hereby established- (1) Sole or single source availability. Supplies, equipment or services available from a sole or single source en-ly may only be exempted from the bidding requirements of this division by the City Manager upon the filing of a written request by a department head to the City Manager outlining the conditions and circumstances involved. a. All sole or single source procurements where the cost of the commodities or contractual services exceeds the threshold as defined in section 2-252(c) shall be authorized by the City Commission. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2023- 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard Weinberg 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard Weinberg PASSED on first reading this _ day of , 2023. PASSED AND ADOPTED on second reading this_ day of 2023. Page 4 of 5 City of Aventura Ordinance No. 2023- HOWARD S. WEINBERG, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 BUDGET December 61", 2022 PROJECT: Yacht Club Drive Park City of Aventura PROJECT# 19553 LSI Playground Equipment (See plan) $ 33,500 Integrated Shade on PlayBooster & Swing Set $ 32,000 Equipment delivered, engineering & sales tax. $ 20,000 Equipment Installation (Assembly and erection) $ 23,775 Shade Installation (Assembly & Erection) $ 25,000 Poured In Place Surface $ 81,205 Concrete Curbs $ 6,525 Offloading, Dumpster &Trash Removal $ 3,000 Permit Filing & Fees $ 5,500 Contingency $ 8,500 TOTAL $ 239,005 Does not include site preparation, existing playground demolition and is conditional to a site inspection. 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