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03-07-2023 City Commission Regular Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q CITY COMMISSION REGULAR MEETING AGENDA March 7, 2023 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Billy Joel Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda March 7, 2023 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamation • Special Recognitions • Certificates of Appointment • Employee Service Awards • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 55. C O N S E N T AG E N D A: 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: • February 7, 2023 City Commission Regular Meeting • February 16, 2023 City Commission Special Workshop • February 23, 2023 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CO- DESIGNATING NE 190" STREET FROM COUNTRY CLUB DRIVE TO THE ENTRANCE OF THE HIDDEN BAY RESIDENTIAL COMMUNITY AS"HIDDEN BAY DRIVE"; DIRECTING THE CITY CLERK TO SUBMIT THIS RESOLUTION TO MIAMI-DADE COUNTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF THREE MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE ONE-YEAR TERMS ENDING IN MAY 2023; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF TWO VOTING MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE TWO-YEAR TERMS ENDING IN NOVEMBER 2023; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE EXTERIOR REPAIRS FOR THE AVENTURA ARTS & CULTURAL CENTER FOR THE PRICE CONTAINED IN EXHIBIT "A" ATTACHED; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 3 Aventura City Commission Regular Meeting Agenda March 7, 2023 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF AUDIO-VISUAL EQUIPMENT TO UPGRADE THE COMMISSION CHAMBERS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF CARRIER BRAND HVAC CHILLER UNITS LOCATED ON THE GOVERNMENT CENTER ROOFTOP; AUTHORIZING THE MANAGER TO ACCESS A COOPERATIVE PURCHASING AGREEMENT TO OBTAIN THE MOST COMPETITIVE PRICE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: None. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION, CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN ENFORCING LAWS," TO FURTHER DEMONSTRATE THE CITY'S COMMITMENT TO COMBAT ANTISEMITISM AND DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN THE EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A CONDITIONAL USE IN THE COMMUNITY BUSINESS (B2) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY OF AVENTURA CODE OF ORDINANCES 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;" PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Regular Meeting Agenda March 7, 2023 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—MARCH 16, 2023 AT 9 AM COMMISSION REGULAR MEETING—APRIL 4,2023 AT 6 PM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: March 3, 2023 SUBJECT: Approval of Minutes March 7, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in February. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • February 7, 2023 City Commission Regular Meeting • February 16, 2023 City Commission Special Workshop • February 23, 2023 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES FEBRUARY 7, 2023 Following 6 p.m. Local Planning Agency Meeting Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6.46 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, 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 done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Wasson added the following motion to Item 12 Other Business: A MOTION TO GRANT A WAIVER ENABLING CHARTER SCHOOLS USA TO PAY TRAVEL RELATED EXPENSES INCURRED BY MAYOR TO TOUR OTHER SCHOOL SITES LOCATED IN FLORIDA OPERATED BY CHARTER SCHOOLS USA. 4. SPECIAL PRESENTATIONS: • Special Recognitions. Chief Michael Bentolila, on behalf of the City Commission, presented a Certificate of Special Recognition to Yadiel Cebellas for his heroic actions in helping to save a life. A Certificate of Special Recognition was also noted for Johns Magloire as he was not in attendance. Mayor Weinberg, on behalf of the City Commission, presented a proclamation and flowers to Commissioner Dr. Linda Marks in recognition of her Bat Mitzvah ceremony. • Employee Service Awards: Mr. Wasson presented Police Department Records Clerk Mary Smith with a recognition certificate and token of appreciation for the completion of milestone years (20 years) of service with the City. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided the school update. Aventura City Commission Regular Meeting Minutes February 7, 2023 • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee provided the school update accompanied by School Counselor Francie Weinberg and Silver Knight Nominee Students Jade Stein and Orly Ouaknine. 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 Stern, seconded by Commissioner Bloom, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • December 15, 2022 City Commission Regular Workshop • January 5, 2023 City Commission Regular Meeting • January 19, 2023 City Commission Regular Workshop B. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,595.14 FOR KBT BREACHING TOOL FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. C. Resolution No. 2023-07 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF ONE OF ITS APPOINTEES TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2023-08 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT(ARPA)FOR THE PURCHASE OF A FORD T-350 TRANSIT WAGON; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2023-09 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF A 911 CENTER VIDEO WALL; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 F. Resolution No. 2023-10 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. RESOLUTION/PUBLIC HEARING: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FROM SECTION 31-191(J)(2)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A THIRD WALL SIGN ON THE NORTHEAST ELEVATION, WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE; APPROVING AN OUTDOOR LIGHTING VARIANCE FROM SECTION 31-234(E) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE ADDITION OF EXTERIOR LIGHTING ON THE SOUTHWEST AND NORTHEAST ELEVATIONS LOCATED AND MOUNTED AT EIGHTY FEET ABOVE GRADE, WHERE HEIGHTS NO GREATER THAN THIRTY FEET ARE ALLOWED BY CODE, ON THE AVENTURA HILTON LOCATED AT 2885 NE 191 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Commissioner Bloom and seconded by Commissioner Kruss for approval of the Resolution with a condition added that the permit for the lighting proposed on the southwest facade will not be issued prior to: a) Champion Retail Limited offers no written objection to the lighting proposed for the southwest elevation on or before March 7, 2023 or b) the City Commission approves a Resolution at the March 7, 2023 Commission Meeting removing this condition of approval. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and incorporated the testimony provided at the Local Planning Agency Meeting into the record. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Resolution with the added condition passed unanimously by roll call vote and Resolution No. 2023-11 was adopted. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION, Page 3 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN ENFORCING LAWS," TO FURTHER DEMONSTRATE THE CITY'S COMMITMENT TO COMBAT ANTISEMITISM AND DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN THE EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Bloom. Commissioner Kruss reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A CONDITIONAL USE IN THE COMMUNITY BUSINESS (132) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Vice Mayor Joel. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and incorporated the comments provided at the Local Planning Agency Meeting into the record. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title- C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and incorporated the comments provided at the Local Planning Agency Meeting into the record. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title- D. CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY OF AVENTURA CODE OF ORDINANCES 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;" PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. The City Commission discussed the item including condominium associations facing financial impacts due to repairs and insurance renewals. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: 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. Page 5 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 A motion for approval of the Ordinance was offered by Vice Mayor Joel and seconded by Commissioner Kruss. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-02 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: Reports were provided by members of the City Commission as follows: Mayor Weinberg reported on the U.S. Conference of Mayors campaign against antisemitism and the upcoming Jewish American Heritage Month in May. 11. PUBLIC COMMENTS: The following members of the public provided comments: Marcelle Fischler (3370 NE 190 Street #2707, Aventura), Stacey Levy (1051 NE 93 Street, Miami Shores), Cindy Orlinsky (20051 NE 37 Court, Aventura), Jennifer Hoberman (3370 NE 190 Street, #904, Aventura), and Ofra Schlesinger (3370 NE 190 Street, #907, Aventura). 12. OTHER BUSINESS: Mrs. Horvath read the following motion: A MOTION TO GRANT A WAIVER ENABLING CHARTER SCHOOLS USA TO PAY TRAVEL RELATED EXPENSES INCURRED BY MAYOR TO TOUR OTHER SCHOOL SITES LOCATED IN FLORIDA OPERATED BY CHARTER SCHOOLS USA. A motion for approval was offered by Commissioner Friedland and seconded by Commissioner Bloom. Mayor Weinberg explained the item enabling him to tour other Charter Schools USA (CSUSA) schools in the Tampa area. The City Commission discussed the item including the following: using taxpayer dollars in lieu of CSUSA paying, reviewing the CSUSA contract, and the process to follow for other Commission members to visit other charter schools as well in the future. Mr. Meyers noted that other members of the City Commission wanting to do the same thing would need to be approved individually by the City Commission. Mayor Weinberg opened the item for public comment. The following members of the public provided comments: Bruce Davidson (3047 NE 183rd Lane, Aventura). Page 6 of 7 Aventura City Commission Regular Meeting Minutes February 7, 2023 There being no additional comments, Mayor Weinberg closed the item for public input. The motion for approval passed unanimously by roll call vote. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Joel, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 8:02 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on February 7, 2023. Page 7 of 7 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION SPECIAL WORKSHOP MINUTES FEBRUARY 16, 2023 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 Weinberg at 9:12 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was led by Mayor Weinberg. 3. Aventura Upcoming: A Presentation and Discussion Regarding Various Planning and Zoning Matters (City Manager): Mr. Wasson provided brief remarks regarding the purpose of the workshop, which is to start discussions on the future of Aventura and how the City should be positioned for development. Keven Klopp, Community Development Director, briefly reviewed his background and responsibilities. A presentation titled "Aventura Upcoming —A Zoning Specific Workshop Discussion...About What's Next" was provided including the following items: Once Upon a Time...In 1993, Comp Plan for NE Dade, Strengths, Weaknesses, Opportunities, Challenges, Everything is An Opportunity, "The Right Way to Plan?" in Context with the Community, Put the Opportunities in Context, Focus on the Opportunities, Immediate Recommendations, More of the Good/Redevelop the Bad, Land Use — Transportation Connection, Long Term View, Coming Soon, and Area Specific Overlays & Incentives. The City Commission provided input throughout the presentation and discussed the following items: cleaning up the areas around the hospital, the Rapid Transit Zone, future workshops, Mr. Wasson and Mr. Klopp providing a list of recommended priorities, FAR (Floor Area Ratio), providing a comprehensive picture of the City showing development areas and identifying open space to remain open, adjustments to be done to the districts for RTZ (Regional Transit Zoning) and MUC (Metropolitan Urban Center) to fulfill the County requirement, the County is pushing for increased density around the Brightline station, goal to become a more transit and pedestrian friendly community with a live-work- play concept, increased communication for input from residents, and educating residents on developer rights. Aventura City Commission Special Workshop Minutes—February 16,2023 Mr. Meyers discussed the various opportunities for public input at workshops and public hearings. Mr. Wasson will provide the Commission with an analysis/overview of open space and submerged lands in the City. The following members of the public provided comments: Steven Friedfertig (Turnberry North — 19707 Turnberry Way #12A, Aventura), Ken Bernstein (19501 Biscayne Blvd., Unit 400, Aventura), Jeff Bercow, Esq. (200 S. Biscayne Blvd., Suite 300, Miami), Michael Marrero, Esq. (200 S. Biscayne Blvd., Suite 300, Miami), Marjorie Rosenblatt (19333 W. Country Club Drive, Aventura), Leon Silvera (19707 Turnberry Way, Unit 28-D, Aventura), Haim Swissa (2760 NE 203 Street, #3, Aventura), Bernardo Rieber (2820 NE 214 Street, #100, Aventura), and Barry Silverstein (19667 Turnberry Way, #8E, Aventura). City Manager Summary: It was the consensus of the City Commission to acknowledge the items presented and to provide support in general of bringing each topic back individually for further discussions. 4. Adiournment: There being no further business to come before the City Commission, the workshop was adjourned by consensus at 10:40 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on March 7, 2023. Page 2 of 2 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES FEBRUARY 23, 2023 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 Weinberg at 9:05 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was led by Mayor Weinberg. 3. Presentation: by Aventura 2999, LLC of Proposed Project Known as "Icon Aventura" (Administrative Site Plan Approval Application #SP2212-0001) (City Manager): This item was presented later in the meeting following Item 9. 4. Discussion: Approval of the American Rescue Plan Act (ARPA) Purchase of Audio-Visual Upgrades for the Commission Chambers (City Manager): Mr. Wasson explained the plan to use ARPA funds to provide upgrades to the Commission Chambers, including improved speakers and a new video wall behind the dais, at a cost of $94,103.50. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with the placement of the item as a resolution on the March Commission Meeting Agenda. 5. Discussion: Waterways Park Field-Turf Change Orders (City Manager): Mr. Wasson explained the current upgrade from regular grass to artificial turf at the Waterways Park and the change orders needed for additional costs for environmental engineering services as required by DERM, as well as additional sports markings. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with the item. Aventura City Commission Regular Workshop Minutes—February 23,2023 6. Discussion: FIU Vice Provost Luncheon Table (City Manager): Mr. Wasson reviewed the Golden Gift First Generation Scholarship Ceremony on March 12t" and requested input on whether or not a table should be purchased. He noted the current policy followed that the City would buy a table if a member of the City Commission was being honored and, if not, approval would be needed. No Commission members are being honored at the event. The City Commission reviewed the item. City Manager Summary: It was the consensus of the City Commission to continue to follow the policy in place and not to purchase a table for this event since no members were being honored. 7. Discussion: Selection of Community Services Advisory Board Members (City Manager): Mr. Wasson reported on the interview process and the following three recommended members to fill the vacancies on the Board: Bruce Davidson, Donna Mairs, and Jesse Potack. Mrs. Horvath explained the one-year terms and Mr. Meyers explained other aspects of the enabling ordinance. The City Commission discussed the item including the following: sending residents to Mr. Wasson that are interested in serving on boards, the required attendance of board members at board meetings, each member selecting one member to the boards, and one member from each board attending Commission meetings to provide updates. City Manager Summary: It was the consensus of the City Commission to proceed with the appointment of the three recommended members to the Board through the placement of a resolution on the next Commission Meeting Agenda. Additionally, the current process/policy for all boards will be discussed at the next workshop including appointing and reappointing members. 8. Discussion: Selection of Aventura City Representatives for Appointment to the Don Soffer Aventura High School Advisory Board (City Manager): Mr. Wasson reported on the interview process and the following two recommended members to fill the vacancies on the Board: Clifford B. Ain, CPA MST and Nadine M. Weltman Laham. The City Commission discussed the item including the following: better communication on available Board vacancies and involving the principal in the interview process. City Manager Summary: It was the consensus of the City Commission to proceed with the appointment of the two recommended members to the Board through the placement of a resolution on the next Commission Meeting Agenda. Additionally, the current process/policy for boards will be discussed at the next workshop including appointing and reappointing members. 9. Discussion: Emergency Replacement of the Government Center Air Conditioning Chillers (City Manager): Mr. Wasson discussed the need to replace two Page 2 of 6 Aventura City Commission Regular Workshop Minutes—February 23,2023 air conditioning chiller units at Government Center using a piggyback contract at an estimated cost of$1.6 million with an anticipated 20-year lifespan. Mr. Meyers explained the use of a piggyback contract versus a bid process. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with the item as presented. Item 3 was presented at this time. Presentation: by Aventura 2999, LLC of Proposed Proiect Known as "Icon Aventura" (Administrative Site Plan Approval Application #SP2212-0001) (City Manager): Mr. Wasson briefly introduced the item to be presented by the owners and developers of the proposed project west of Government Center. The following were in attendance to present the project: Michael Marrero, Esq. (Bercow Radell Fernandez Larkin & Tapanes, PLLC), Fidel Zabik, Architect (Arquitectonica), Kansas Goodrum, Traffic Engineer (David Plummer & Associates), Jeff Bercow, Esq. (Bercow Radell Fernandez Larkin & Tapanes, PLLC), Gray Crow, Esq. (Bercow Radell Fernandez Larkin & Tapanes, PLLC), and Isaac Toledano, Manager (BH Group). Mr. Marrero reviewed various aspects of the proposed project including the original project allowed by Code versus the proposed project with more residential and less commercial providing for better traffic and less parking, which would need to come before the City Commission for conditional use approval for height, density, and open space. Mr. Zabik reviewed the proposed plans for the mixed-use project including a new residential tower with 308 units (257 market units and 51 hero housing units), existing commercial tower, and new parking garage (1,011 parking spaces) with retail on the bottom floor including storage for the Police Department. Other aspects reviewed were possible public pickleball courts, contribution to the City Freebee program, providing hero housing (20% - 50 units), green environmental buildings, and the City possibly using the parking garage on the weekends. The City Commission discussed the items including the following: support of hero housing, increasing the storage area for the Police Department, addressing the disconnect between the residential building and the parking garage, allowing public access to the pickleball courts, and keeping the gate closed to vehicular traffic between Government Center and the project. Mr. Wasson provided comments on the productive meetings, with the project being in the review phase. Keven Klopp, Community Development Director, discussed the concept of installing a public path from Country Club Drive to the Hilton hotel property, which was being discussed with the developer. He also explained that specifics regarding open space for Page 3 of 6 Aventura City Commission Regular Workshop Minutes—February 23,2023 the project had not been addressed/reviewed yet and that it may require conditional use approval. Mr. Meyers discussed the concept for hero housing such as providing a density bonus, which would require a Code amendment, and addressing the situation if not all of the hero housing units were occupied/needed by teachers/police. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson and staff to proceed with discussions with the developer. The workshop was briefly paused at 10:40 a.m. and reconvened at 10:51 a.m., with all members still in attendance. 10. Discussion: Consideration of 5k/10k Aventura Road Race (City Manager): Commissioner Stern explained the interest from the new Nike store at the Aventura Mall in working with City for a 5k/10k race. Mr. Wasson reviewed his discussions with Nike including speaking with the referred organizer for the run and Nike participating in the event at some level. He additionally discussed receiving sponsorships, the City funding for the event, and the Commission deciding where any extra money would go. A City budget of $50,000 to $70,000 was estimated, with additional money received from registration fees and sponsorships. The City Commission discussed the event, location around the circle, dates in March/April/Fall, and possible places that extra funds should be donated to include the police foundation. City Manager Summary: It was the consensus of the City Commission to move forward with a 5k/10k race. 11. Discussion: Newsletter Update (City Manager): Mr. Wasson briefly introduced the item to streamline the newsletter. Commissioner Bloom reviewed the proposed vision to change the current 8-page monthly newsletter to a smaller mailer done 7 to 9 times a year, at a cost reduction as outlined in the agenda. Evan Ross, Director of Communications, reviewed the proposed newsletter sample content and discussed the printer and mailing process. The City Commission discussed the item including the following: having a mix of printed and digital newsletters, adjusting the scope of the contract, providing items in the future in the newsletter so that it isn't outdated, using the money saved on the printed newsletter for other items such as more digital items, providing upcoming projects on one side of the mailer, the positive aspects of the videos done, and providing the City's videos to the condominium buildings to broadcast. Commissioner Bloom was thanked for her work on the newsletter. Page 4 of 6 Aventura City Commission Regular Workshop Minutes—February 23,2023 Mayor Weinberg and Mr. Wasson reported on the upcoming City Government Channel anticipated soon to broadcast the City Commission Meetings and to provide other content as well. City Commissioners will be requested to provide input on the content for the channel. Mr. Ross discussed working with the schools and the City for newsworthy items. City Manager Summary: It was the consensus of the City Commission to move forward with the newsletter/mailer as presented and for Commissioner Bloom to work with Mr. Wasson on the design for it. 12. Discussion: Digital Advertising Monitors for Public Display - Pilot Program (Commissioner Stern): Commissioner Stern proposed that digital monitors be provided in the mail rooms at the condominium buildings for residents to view information from the City. The City Commission discussed the item including the following: positive feedback on the idea, starting with buildings that already have monitors in the mailrooms, researching the cost for an additional monitor or a monitor exclusively for City content, testing the idea at Commissioner Dr. Marks' building, providing sponsors, and whether or not advertising should be allowed. Bryan Pegues, Assistant City Manager, provided comments on the existing monitors at buildings that may allow the City to put content on them and what that content could include. Mr. Meyers provided comments on allowing sponsors, but not ads. The following members of the public provided comments: Marjorie Rosenblatt (19333 W. Country Club Drive, Aventura). Mr. Wasson reported on using the billboards for items as outlined in the agreement. City Manager Summary: It was the consensus of the City Commission to proceed with a pilot program for the monitors as presented with Commissioner Stern working with Mr. Wasson. 13. Discussion: Food Freshness Dates (Commissioner Dr. Marks): Commissioner Dr. Marks discussed the increase of food freshness dates that are expired at many of the major retailers and requested input on ways the City can create awareness for residents to check freshness dates. The City Commission discussed the item including the inclusion of information in the new newsletter format. Mr. Meyers provided comments on the process that the City can use to inform. Page 5 of 6 Aventura City Commission Regular Workshop Minutes—February 23,2023 City Manager Summary: It was the consensus of the City Commission to include information in the newsletter and the City's social media content, as well as the City's representative bringing it up at the Miami-Dade County League of Cities meeting for other municipalities to also inform their residents. 14. Discussion: Impact of Condominium Assessments on Residents/City (Commissioner Dr. Marks): Commissioner Dr. Marks discussed the increase in insurance rates as well as requirements for condominiums to be fully funded for increased maintenance, etc. and suggested the City provide more education for the condominium buildings for residents and property managers. Mr. Ross reported that the County would be providing a Town Hall Meeting at Aventura Government Center on March 1st with Mayor Levine-Cava and County Commissioner Steinberg on the available Condominium Special Assessment Loan Program. The meeting will be livestreamed. City Manager Summary: It was the consensus of the City Commission to provide that information to the residents. The following additional items were discussed: The City Commission members were requested to wear blue on March 1st to participate in a photo session at Government Center for Colorectal Cancer Month in recognition of Commissioner Michael Stern. The City Commission members were shown the new blue blazers with the City seal and informed to contact Mr. Pegues should they be interested in ordering one to wear at meetings. Mrs. Horvath updated the City Commission on the new dates for the Golden Beach swearing in ceremony. Mr. Meyers explained the Miami-Dade County ethics rule that does not allow the City to purchase food from Mo's Bagels & Deli any longer unless a competitive process/bid was followed that would allow the City Commission to grant a waiver to do so. 15. Adiournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 12:07 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on March 7, 2023. Page 6 of 6 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C-92- DATE: March 3, 2023 SUBJECT: Resolution Co-Designating NE 190th Street from Country Club Drive to the Entrance of the Hidden Bay Residential Community as "Hidden Bay Drive" March 7, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution co- designating the street east of Country Club Drive to the entrance of the Hidden Bay residential community by removing the name "Marina Del Rey Boulevard" and renaming it "Hidden Bay Drive." Upon Miami-Dade County's approval, signs shall be made and installed declaring the renaming. If you have any questions please feel free to contact me. RJW/act Attachment CC03086-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CO-DESIGNATING NE 1901" STREET FROM COUNTRY CLUB DRIVE TO THE ENTRANCE OF THE HIDDEN BAY RESIDENTIAL COMMUNITY AS "HIDDEN BAY DRIVE"; DIRECTING THE CITY CLERK TO SUBMIT THIS RESOLUTION TO MIAMI-DADE COUNTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in conjunction with Miami-Dade County, has the authority to name streets within the City's jurisdiction for use as a specific reference point for a geographic area in the City and/or to reflect the character of the neighborhood; and WHEREAS, the Hidden Bay residential community ("Hidden Bay") is the cornerstone community located on the end of the street currently known as Marina Del Rey Boulevard/NE 190t" Street, located east of Country Club Drive to the entrance of Hidden Bay; and WHEREAS, the residents of the Hidden Bay community support the co- designation of this street to Hidden Bay Drive; and WHEREAS, the City Commission finds that this Resolution is in the best interest of the City and its residents to co-designate this street as Hidden Bay Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Section 2. Hidden Bay Drive Co-Designation. That the City Commission hereby co-designates the street east of Country Club Drive to the entrance of the Hidden Bay residential community by removing the name "Marina Del Rey Boulevard" and renaming it "Hidden Bay Drive", and shall as soon as authorized by Miami-Dade County, be known in and by the City of Aventura as NE 190t" Street and "Hidden Bay Drive." Upon County approval, signs shall be made and installed above the present place declaring such designation. Section 3. Implementation. That the City Clerk is hereby directed to submit this Resolution to Miami-Dade County and other appropriate agencies, and along with the City Manager, take all action necessary to implement this Resolution. City of Aventura Resolution No. 2023- Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. 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 , 2023. CITY CLERK Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C-Y!;Q. DATE: March 3, 2023 SUBJECT: Resolution Appointing Members to the Community Services Advisory Board Due to Vacancies for the Remainder of the One-Year Terms Ending in May 2023 March 7, 2023 City Commission Meeting Agenda RECOMMENDATION Due to vacancies, it is recommended that the City Commission adopt the attached Resolution appointing the following individuals to serve as members of the Community Services Advisory Board for the remainder of the one-year terms ending in May 2023: Bruce Davidson Donna Mairs Jesse Potack If you have any questions, please feel free to contact me. RJW/act Attachment CC03084-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF THREE MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE ONE-YEAR TERMS ENDING IN MAY 2023; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of the Community Services Advisory Board; and WHEREAS, said section outlines that in the event of the resignation 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; and WHEREAS, three members of the Community Services Advisory Board recently resigned thereby creating three vacancies on the Board to be filled for the remainder of one-year terms that will end in May 2023; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to approve the Mayor's appointment of members to the Community Services Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Community Services Advisory Board for the remainder of the one-year terms, from March 2023 through May 2023: Bruce Davidson Donna Mairs Jesse Potack Section 2. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2023- 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 Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: March 3, 2023 SUBJECT: Resolution Approving the Appointment of Two Voting Members to the Don Soffer Aventura High School Advisory Board due to Vacancies for the Remainder of the Two-Year Terms Ending in November 2023 March 7, 2023 City Commission Meeting Agenda RECOMMENDATION As discussed at the Workshop Meeting on February 23, 2023, it is recommended that the City Commission adopt the attached Resolution approving the appointment of two voting members to the Don Soffer Aventura High School Advisory Board due to vacancies for the remainder of the two-year terms ending in November 2023: Clifford B. Ain, CPA MST Nadine M. Weltman Laham If you have any questions please feel free to contact me. RJW/act Attachment CC03085-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF TWO VOTING MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD DUE TO VACANCIES ON SAID BOARD FOR THE REMAINDER OF THE TWO-YEAR TERMS ENDING IN NOVEMBER 2023; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of the Don Soffer Aventura High School Advisory Board; and WHEREAS, said section outlines that in the event of the resignation 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; and WHEREAS, two voting members of the Don Soffer Aventura High School Advisory Board recently resigned thereby creating two vacancies on the Board to be filled for the remainder of the two-year terms that will end in November 2023; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to approve the Mayor's appointment of members to the Don Soffer Aventura High School Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as voting members of the Don Soffer Aventura High School Advisory Board for the remainder of the two-year terms, from March 2023 through November 2023: Clifford B. Ain, CPA MST Nadine M. Weltman Laham Section 2. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2023- 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 Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 71" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L BY: Alan J. Levine, Assistant Director Public Works/Transportation DATE: March 3, 2023 SUBJECT: Resolution Approving Contract to Garland/DBS Incorporated for the Exterior Repairs of the Aventura Arts and Cultural Center March 7, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached Resolution awarding a contract for the exterior repairs of the Aventura Arts and Cultural Center ("AACC") with Garland/DBS Incorporated. BACKGROUND During inspection of the AACC exterior it was determined that sections of the building exterior need to be sealed to prevent water intrusion, which creates pockets of water inside various areas of the AACC. The AACC is thirteen years old. The City utilized a U.S. Communities Government Purchasing Alliance (US Communities) Agreement which takes advantage of the multiple city partners. The benefit of being part of the Cooperative Group is that it gives the City the best competitive pricing and workmanship in that field. The exterior process and specifications were established by Garland/DBS Incorporated, our Cooperative partner, which meets the City's purchasing requirements. The following bids were received from Garland/DBS Inc. through the US Communities Cooperative Agreement: Hartzell $ 119,833 Precision Painting $ 122,380 Green Glades $ 124,966 BUDGETIMPACT The unanticipated expense of $119,833 is not budgeted and will be funded through account 001-8070-575.62-08. A budget amendment will be prepared and presented to the City Commission in April 2023. The scope of work and costs are attached as Exhibit "A". CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE EXTERIOR REPAIRS FOR THE AVENTURA ARTS &CULTURAL CENTER FOR THE PRICE CONTAINED IN EXHIBIT "A" ATTACHED; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, has properly solicited and accordingly accepted bids through the U. S. Communities Government Purchasing Alliance for the exterior repairs of the AVENTURA ARTS & CULTURAL CENTER ("AACC"); and WHEREAS, sealed bids have been submitted to and received by Garland/DBS Incorporated ("Garland") for the project as cited above; and WHEREAS, staff received three bids and has determined that Garland has submitted the lowest responsible and responsive bid according to the City's purchasing requirements for said project; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of approving funding in the amount set forth in the proposal submitted by Garland for AACC repairs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That agreement for the exterior repairs of the AVENTURA ARTS & CULTURAL CENTER is hereby approved for Garland/DBS Incorporated, at the bid price as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to pay Garland in the amount identified in the proposal consistent with the terms, conditions, and specifications as enumerated in the bid specifications, and bid requirements. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 4. That the funds are to be allocated and appropriated pursuant hereto from Budget Line Item Number 001-8070-575.62-08. City of Aventura Resolution No. 2023- 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 D B S me Phone: (800) 762-8225 since 1 895 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Aventura AACC - Exterior Repairs 3385 NE 188th St. Aventura, FL 33180 Date Submitted: 02/07/2023 Proposal #: 25-FL-220672 MICPA# PW1925 Florida General Contractor License #: CGC1517248 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budgetlestimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA)with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. Scope of Work: 1. SEAL ALL SURFACE MOUNTED COUNTER FLASHING LAPS AND CORNERS USING TUFF STUFF MS. 2. SEAL ALL WALL PENETRATIONS, DOORS, THRESHOLDS ETC. USING TUFF STUFF MS. 3. SEAL THE CORNERS OF PARAPET WALLS USING GREENLOCK XL. CREATE A 45 DEGREE ANGLE AND EXTEND UP THE ENTIRE VERTICAL OF THE WALL. 4. SEAL ALL WALL CONTROL JOINTS WITH GREENLOCK XL. REPAINT THE SELECTED WALLS FOLLOWING THE SPECIFICATIONS I DETAILS PROVIDED. 5. SOUND OUT ALL WALLS THAT HAVE BEEN INCLUDED IN THE SCOPE OF WORK TO IDENTIFY DELAMINATED STUCCO. MARK FOR APPROVAL. 6. INCLUDE STUCCO REPLACEMENT AS SPECIFIED HEREIN. INCLUDE 2 COATS OF TUFF COAT, CUSTOM COLOR. SPRAY APPLICATION WITH BACK ROLL TECHNIQUE IS REQUIRED. 7. WET GLAZE AND SEAL THE WINDOWS LOCATED ON THE EAST SIDE. (IDENTIFIED AT THE PRE-BID. 8. INSTALL RMER EDGE COPING, INCLUDING WOOD NAILER AND RMER SEAL UNDERLAYMENT ON THE PARAPET WALLS IDENTIFIED HEREIN. 9. INLCUDE 3 COATS OF TUFF COAT ON THE TOPS OF ALL PARAPET WALLS THAT DO NOT RECEIVE COPING. 10. SEAL THE TOP OF ALL EXISTING COPING USING UNI BOND AND CPR BASE COAT. 2 COATS ARE REQUIRED IN THE AREA OF THE REPAIR. 11. REINSTALL LIGHTNING PROTECTION. Page 1 of 2 Garland/DBS Price Based U on Local Market Competition: Precision Painting $ 122,380 Green Glades $ 124,966 Unforeseen Site Conditions: Additional Stucco Replacement $ 25.08 per Sq. Ft. Hurricane Demobolization Cost $ 2,280.00 each Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Please Note—The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5_ Masonry work is excluded. 6, Interior Temporary protection is excluded. 7. Prevailing Wages are excluded. 8. Any work not exclusively described in the above proposal scope of work is excluded. 9. Hurricane Demobolization cost are not included. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, A P Joshua Perry Garland/DBS, Inc. (216) 430-3635 Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: March 3, 2023 SUBJECT: Resolution Approving the American Rescue Plan Act (ARPA) Purchase of Audio-Visual Upgrades for the Commission Chambers March 7, 2023 City Commission Meeting RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution allowing the City Manager to execute an agreement with Innovate Audio Visual, Inc., for the purchase of A/V equipment to upgrade the Commission Chambers. BACKGROUND The City Commission authorized this purchase under Resolution 2022-15 (modified on April 5, 2022), which relates to the City's project for the American Rescue Plan Act grant funding. This project will replace and upgrade the existing speakers in the Commission Chambers and provide a video wall behind the dais to enhance the audience's view during a meeting. This item will be purchased from a competitive bid contract#200904 awarded to Innovate Audio Visual, Inc. through The Interlocal Purchasing System (TIPS). The total cost for the Commission Chamber Upgrades is $94,103.50. If you have any questions, please feel free to contact me. RJW/act Attachment CC03084-23 C VRTF Innovate Audio Visual, Inc. Proposal � gy -Salal�awwt�� AV Date: 1 1 C City of Aventura Commission Chambers Audio Enhancement Quote: COA-071522 Carlos Fernandez 19200 W Country Club Drive Aventura FL 33180 Boom _ J r Presented By: Innovate Audio Visual, Inc. INNATE-RV 3460 Fairlane Farms Road, Suite 13 . . 5tallskion Wellington, FL. 33414 • • System Audio Qty: 20 SPEAKERCRAFTAIM272 Unit Price: $235.00 AIM 7 TWO Series 2 Speaker, 15 Degree Pivoting 7" Ext Price: $4,700.00 Glass Fiber Cone Woofer, 15 Degree Pivoting & 359 Degree Rotational ARC Tweeter Array Incorporating (4) —5/8" Silk Dome Tweeters (8-1/4" Opening Needed) SPEAKERCRAFT Qty: 20 SPEAKERCRAFT AIM272-BRACKET **Accessory** AIM272 Rear Bridge Bracket Unit Price: $49.00 Ext Price: $980.00 Qty: 2 POWERSOFT MEZZO 604 AD Unit Price: $1,475.00 ® 600W/4-channel Compact Amplifier with DSP and Ext Price: $2,950.00 Dante Qty: 10 Soundtube SM31-EZ-BK Unit Price: $80.00 3" Full Range Surface Mount Speaker in Black Ext Price: $800.00 Qty: 10 SOUNDTUBE AC-SM31-XFM R Unit Price: $35.00 Transformer for the SM31 Ext Price: $350.00 Hardware Misc. Hardwa Qty: 1 RDL DB-XLR3M Unit Price: $20.00 XLR 3-pin Male Jack on Decora Wall Plate (Media Ext Price: $20.00 Feed) Qty: 3 IAV IAV-AMZ-JH-25 Unit Price: $69.00 1 5/16" Heavy Duty Metal Cable &Wire Support Ext Price: $207.00 Batwing J-Hook Hangers with Bat Wing Clip y. Qty: 2 LIBERTY 16-2C-P-BLK Unit Price: $339.00 COMMERCIAL 16/2 CMP BLACK,1000' Ext Price: $678.00 Qty: 1 LIBERTY 24-4P-P-L6-EN-BLK500 Unit Price: $469.00 CAT6 550 23/4P UTP CMP BLACK Ext Price: $469.00 Qty: 1 IAV MISC-HRD Unit Price: $750.00 I-AV Equipment rental Ext Price: $750.00 AV Qty: 1 IAV MISC-HRD Unit Price: $1,100.00 Misc. Cables, Connectors and Hardware Ext Price: $1,100.00 Labo Qty: 1 Project Labor Unit Price: $16,610.00 I-AV Project Labor Ext Price: $16,610.00 Shipping r. Qty: 1 IAV IAV-SHP Unit Price: $1,075.00 Shipping Inbound Ext Price: $1,075.00 0 Project Notes t Qty: 1 IAV IAV-NOTES Pricing in conjunction with TIPS contract#200904. Qty: 1 IAV IAV-NOTES Pricing is good for 30 days. Proposal Summary Grand Total: $30,689.00 Payment Schedule Due to worldwide back order and delays, product will be delivered $30,689.00 and invoiced monthly until project is completed.: Signature Date I VVRTFV Innovate Audio Visual, Inc. Proposal �� gy -Salal�swwt� A Date: 1 1 C iW" �� City of Aventura Commission Chambers Video Enhancement (LG) Quote: COA-011023B Carlos Fernandez 19200 W Country Club Drive Aventura FL 33180 i Presented By: Innovate Audio Visual, Inc. INNOVATE-Al+l 3460 Fairlane Farms Road, Suite 13 Audio Visual O at ion Wellington, FL. 33414 Display Displ Qty: 1 LG LAEC015-GN Unit Price: $41,995.00 d LED All-in-One Smart Series, 136" Diagonal Display, Ext Price: $41,995.00 1920x1080 Resolution, 1.56mm Pixel Pitch, 500 Nits Bright. 118"x 66.6"x 3" Qty: 1 CRESTRON DM-NVX-360 Unit Price: $1,250.00 DM NVX 4K60 4:4:4 HDR Network AV Ext Price: $1,250.00 "riL Encoder/Decoder • Misc. Hardwar Qty: 1 IAV MISC-HRD Unit Price: $1,200.00 Misc. Cables, Connectors and Hardware Ext Price: $1,200.00 Qty: 1 LIBERTY 24-4P-P-L6-EN-BLK500 Unit Price: $469.00 CAT6 550 23/4P UTP CMP BLACK Ext Price: $469.00 Qty: 1 IAV IAV-AMZ-JH-25 Unit Price: $69.00 1 5/16" Heavy Duty Metal Cable &Wire Support Ext Price: $69.00 Batwing J-Hook Hangers with Bat Wing Clip Qty: 1 IAV IAV-4K-HDMI-2M Unit Price: $21.50 4K Certified HDMI Cable 2M (6.5 ft.) Ext Price: $21.50 Lab Qty: 1 Project Labor Unit Price: $15,710.00 I-AV Project Labor Ext Price: $15,710.00 Shipping Qty: 1 IAV IAV-SHP Unit Price: $2,700.00 —qO Shipping Inbound Ext Price: $2,700.00 0 Project Notes t Qty: 1 IAV IAV-NOTES Pricing in conjunction with TIPS contract#200904. Qty: 1 IAV IAV-NOTES Wall structure to be built out to flatten curve by others. Qty: 1 IAV IAV-NOTES Pricing is good for 30 days. Proposal Summary Grand Total: $63,414.50 Payment Schedule Due to worldwide back order and delays, product will be delivered $63,414.50 and invoiced monthly until project is completed.: Signature Date CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF AUDIO-VISUAL EQUIPMENT TO UPGRADE THE COMMISSION CHAMBERS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the February 1, 2022 City Commission meeting, Resolution No. 2022-15 was adopted approving the American Rescue Plan Act ("ARPA") spending plan, to include the purchase of upgraded audio-visual equipment for the City Commission Chambers; and WHEREAS, the City Manager has identified for purchase upgraded speakers and a video wall,which will be located behind the dais in the Commission Chambers to benefit those who attend City Commission meetings and is requesting approval from the City Commission to finalize this purchase; and WHEREAS, the City Commission finds that the purchase of these speakers and the video wall and the adoption of this Resolution is in the best interest and welfare of the residents of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 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. Purchase Approved. That the City Commission hereby approves the purchase of audio-visual equipment, which includes better speakers and a video wall behind the dais in the Commission Chambers, from Innovate Audio Visual, Inc., through a contract awarded by The Interlocal Purchasing System (TIPS), a purchasing cooperative, with ARPA funds at the price set forth in the City Manager's Memorandum. Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purpose of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and adoption. City of Aventura Resolution No. 2023- 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 Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 7t" day of March 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L DATE: March 3, 2023 SUBJECT: Resolution Approving the Emergency Replacement of the Government Center Air Conditioning Chillers March 7, 2023 City Commission Meeting Agenda RECOMMENDATION As discussed at the Workshop Meeting on February 23, 2023, it is recommended that the City Commission adopt the attached Resolution approving the emergency replacement of the HVAC chiller units for the rooftop at the Government Center. Over the past 12 months, we had to patch and repair various parts of the chiller and computer components for the system to operate properly. The overall wear and tear on these units are causing the units to run less efficiently and the overall support structure is weakening. They are due for replacement. BACKGROUND Both units were installed in 2010. Components included new circuit boards, coil coating, and controls for the PC workstations. We replaced the blower fans two years ago so that part of the system is new and will not be due for replacement until 2035. The existing chiller units were not coated properly for coastal climate conditions. Normally, a properly coated system should have a 20-year life span. We currently have a Carrier System and would need to replace it with the same system in order to utilize the connection and saddle (what the units sit on), which will keep the cost down. Due to a long lead time for these units to be built, approximately 18 months, we need to move forward and begin the replacement process now. The estimated cost for the replacement is 1.6 million dollars. If you have any questions, please feel free to contact me. RJW/act AttachmentCC03088-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF CARRIER BRAND HVAC CHILLER UNITS LOCATED ON THE GOVERNMENT CENTER ROOFTOP; AUTHORIZING THE MANAGER TO ACCESS A COOPERATIVE PURCHASING AGREEMENT TO OBTAIN THE MOST COMPETITIVE PRICE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City purchased Carrier System HVAC chiller units for installation on the rooftop of the Government Center in 2010; and WHEREAS, the existing chiller units were not properly coated to account for coastal climate conditions and the City has undertaken repairs during the last twelve months to different parts of the chiller as well as computer components for the HVAC system to operate properly; and WHEREAS, the recent repairs are not having the desired effect and are causing the chillers to operate inefficiently, resulting in a weakening of the overall support structure; and WHEREAS, the City Manager is recommending that the HVAC chiller units must be replaced immediately in order for the HVAC system to operate at maximum capacity; and WHEREAS, the City Manager will obtain the most competitive pricing for these units by utilizing a government cooperative purchasing agreement; and WHEREAS, staff is aware that this project is a non-budgeted expenditure and will be appropriated in a mid-year budget amendment; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of approving the emergency purchase of the chiller units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 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. Purchase Approved. That the City Commission hereby approves the emergency purchase of Carrier-brand HVAC chiller units for installation on the City of Aventura Resolution No. 2023- Government Center rooftop through a government purchasing cooperative at a price not to exceed $1.6 million. Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purpose of this Resolution. Section 4. 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED AND ADOPTED this 7t" day of March 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Robert Meyers, Office of the City Attorney DATE: February 3, 2023 SUBJECT: AN ORDINANCE OF THE CITY COMMISSION AMENDING THE CODE OF ORDINANCES TO CREATE SECTION 1-20 ADOPTING THE IHRA DEFINITION OF ANTISEMITISM AND DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM WHEN EVALUATING EVIDENCE IN ENFORCING THE HATE CRIME LAWS February 7, 2023 City Commission Meeting Agenda (First Reading) March 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance to combat antisemitism by adopting the International Holocaust Remembrance Alliance ("IHRA") working definition of antisemitism, directing the Police Department to consider antisemitism and hate crimes in enforcing the laws and implementing training Citywide on this topic. BACKGROUND Antisemitism, including harassment on the basis of actual or perceived Jewish origin, ancestry, ethnic identity or faith, remains a persistent, pervasive and disturbing problem in contemporary American society and in the State of Florida. Antisemitism is at historically high levels in the United States and around the world. South Florida, with a large Jewish population, is not immune from this plight. Data shows that Jews are consistently the most likely of all religious groups to be victimized by incidents of hate, with such incidents increasing at an alarming rate. Over the years, the City Commission has demonstrated its commitment to work proactively against all forms of unlawful antisemitic conduct wherever and whenever it may be encountered by adopting at least five resolutions, which vehemently declare the City's opposition to such repugnant acts by others. The tools used to tackle antisemitism in part include engaging in monitoring, analysis, investigation and effective policy-making. To this end, the IHRA definition of antisemitism is considered the most essential definitional tool, having been adopted by various U.S. federal and state agencies, twenty-two US states and an increasing number of cities, not to mention thirty-seven United Nation member countries and a growing number of other nations with Jewish populations. In addition to adopting the definition, mandating training on the IHRA definition of antisemitism and hate crimes in general familiarizes officials and employees with identifying and addressing antisemitism when conducting investigations and in the workplace. Fiscal Impact This item should have no impact on the City's budget. CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-20 "ADOPTION OF IHRA DEFINITION, CONSIDERATION OF ANTI-SEMITISM AND HATE CRIMES IN ENFORCING LAWS," TO FURTHER DEMONSTRATE THE CITY'S COMMITMENT TO COMBAT ANTISEMITISM AND DIRECTING THE POLICE DEPARTMENT TO CONSIDER ACTS OF ANTISEMITISM IN THE EVALUATION OF EVIDENCE IN ENFORCING HATE CRIME LAWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, government officials and institutions have a responsibility to protect citizens from acts of hate and bigotry motivated by discriminatory animus, including antisemitism, and must be given the tools to do so; and WHEREAS, the City Commission will not tolerate discrimination within its jurisdiction; and WHEREAS, antisemitism, including harassment on the basis of actual or perceived Jewish origin, ancestry, ethnicity, identity, affiliation, or faith, remains a persistent, pervasive, and disturbing problem in contemporary American society and in the State of Florida; and WHEREAS, the City Commission adopted Resolutions Nos. 2020-59, 2020-377 2019-13 and 2018-45, which reaffirmed the City's commitment to work proactively against all forms of unlawful antisemitic conduct wherever and whenever it may be encountered; and WHEREAS, the International Holocaust Remembrance Alliance working definition (the "Definition") is used by various agencies of the federal and state government, in addition to twenty-two States within the United States and an increasing number of cities. City of Aventura Ordinance No. 2023- The Definition has also been adopted by thirty-seven United Nations member countries, and a growing number of other nations that have Jewish populations; and WHEREAS, the City Commission wishes to create Section 1-20 of the City Code to adopt the IHRA Working Definition of Antisemitism that was adopted on May 27, 20167 including the contemporary examples provided therein; and WHEREAS, the City Commission hereby finds and determines that this Ordinance is in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 1 "General Provisions," of the City Code of Ordinances is hereby amended to read as follows: Chapter 1 — GENERAL PROVISIONS Sec. 1-20. Adoption of IHRA definition, consideration of anti-Semitism and hate crimes in enforcing laws. (a) Definitions. For the purposes of this Section, the following definitions shall apply: "Anti-Semitism" means the definition adopted by the International Holocaust Remembrance Alliance on May 26, 2016, as well as 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 individuals and/or their property, toward Jewish community institutions and religious facilities. "Hate crime" means the commission of a felony or misdemeanor that evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim, based on the Page 2 of 6 City of Aventura Ordinance No. 2023- standards used to determine whether penalties for crimes shall be reclassified based on evidence of prejudice during the commission of said crimes according to F.S. 775.085. The following contemporary examples of anti-Semitism, including those identified by the United States Department of State, may be considered among others in the evaluation of whether there is evidence of anti-Semitism: Calling for, aiding, or justifying the killing or harming of Jews (often 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 a collective—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, the state of Israel, or even for acts committed by non-Jews: Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust: or Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations. Examples of anti-Semitism related to Israel include: a. Demonizing Israel by using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis, drawing comparisons of contemporary Israeli policy to that of the Nazis, or blaming Israel for all inter- religious or political tensions: b. Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on Israel: or c. Delegitimizing Israel by denying the Jewish people their right to self- determination, and denying Israel the right to exist. d. However, criticism of Israel similar to that levied against any other country Page 3 of 6 City of Aventura Ordinance No. 2023- cannot be regarded as anti-Semitic. In reviewing, investigating, or deciding whether there has been a violation of any relevant policy, law, or regulation prohibiting discriminatory acts. Aventura City departments and officials shall take into consideration the Definitions of anti-Semitism and hate crime for purposes of determining whether the alleged act was motivated by discriminatory anti-Semitic intent, consistent with the federal and state statutes Prohibiting hate crimes. For the purposes of training of City employees related to discrimination and anti-bias training, the Definitions of anti-Semitism and hate crime shall be used as an educational tool to familiarize City officials with identifying and addressing antisemitism, consistent with the federal and state statutes prohibiting hate crimes. (e) Nothing in this section may be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States, or the State of Florida's Constitution. Nothing in this section may be construed to conflict with Federal or State discrimination laws. 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. Page 4 of 6 City of Aventura Ordinance No. 2023- Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Kruss, who moved its adoption on first reading. This motion was seconded by Commissioner Bloom and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED on first reading this 7t" day of February, 2023. PASSED AND ADOPTED on second reading this 7th day of March, 2023. Page 5 of 6 City of Aventura Ordinance No. 2023-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 6 of 6 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 64DL BY: Keven Klopp, Community Development Director DATE: February 3, 2023 SUBJECT: Amendment to Section 31-144 "Business Zoning Districts" of the City's Land Development Regulations to Include Restaurant, Cafe, or Coffee House with a Drive-through as a Conditional Use in the Community Business (132) District February 7, 2023 Local Planning Agency Meeting Agenda February 7, 2023 City Commission Meeting Agenda (First Reading) March 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-144 of the City's Land Development Regulations to include restaurant, cafe, or coffee house with a drive-through as a Conditional Use in the Community Business (132) district. THE REQUEST City staff is requesting an amendment to Section 31-144(c)(2) of the City's Land Development Regulations to include restaurant, cafe, or coffee house with a drive-through as a Conditional Use in the Community Business (132) district. Amendments to the City's Land Development Regulations are to be reviewed by, and a recommendation made by, the City's Local Planning Agency (LPA) prior to consideration by the City Commission. ANALYSIS Section 31-77(g) of City Code lists five (5) standards that the Commission is to consider when reviewing proposed amendments to the text of the Land Development Regulations. The amendment is to be legally required, consistent with the Comprehensive Plan, consistent with the purpose of the LDR, supportive of orderly development, and helpful in administering the development process. The proposed amendment meets those standards. There are currently fifteen (15) conditional uses listed within B2. These are uses which can be allowed, but only if approved by the City Commission. This amendment adds restaurant, cafe, or coffee house with a drive-through to the list of conditional uses requiring Commission approval. This item was discussed at the City Commission's Workshop in December 2022. A proposed Starbucks with a drive through in the Promenade shops is currently prohibited. The proposed amendment, if approved, would allow that request, and other similar requests, to be considered by the City Commission. Proposed Amendments': Sec. 31-144. - Business Zoning Districts. (c) Community Business (B2) District. (See Resolution) (2) Conditional use. The following uses if first approved as a conditional use: p. Drive-through facilities for restaurant, cafe and coffee houses. ' Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. 2 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE RESTAURANT, CAFE, OR COFFEE HOUSE WITH A DRIVE-THROUGH AS A CONDITIONAL USE IN THE COMMUNITY BUSINESS (132) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") desires to amend Chapter 31 "Land Development Regulations," Article VII "Use Regulations," Section 31-144, "Business Zoning Districts," of the City Code of Ordinances (the "City Code") to permit restaurant, cafe, or coffee house drive-through uses as conditional uses within the Community Business (B2) zoning district; and WHEREAS, staff has recommended approval of the amendment to Section 31- 144 of the City Code in its report dated February 3, 2023; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the City Code and Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 31 "Land Development Regulations," Article VII "Use Regulations," Section 31-144 "Business Zoning Districts," of the City Code of Ordinances is hereby amended as follows:' Chapter 31 — Land Development Regulations Article VII — Use Regulations Sec. 31-144. - Business Zoning Districts. (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. (2) Conditional use. The following uses if first approved as a conditional use: p Drive-through facility for a restaurant, cafe or coffee house. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. 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 re-lettered 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. The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Vice Mayor Joel and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED on first reading this 7t" day of February, 2023. PASSED AND ADOPTED on second reading this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven Klopp, Community Development Director DATE: February 3, 2023 SUBJECT: Amendment to Section 31-233 "Architectural Design Standards" of the City's Land Development Regulations to Adopt a Primary Color Palette Applicable to the Exterior Surfaces of any Multi-family, Townhouse or Nonresidential Building February 7, 2023, Local Planning Agency Meeting Agenda February 7, 2023 City Commission Meeting Agenda (First Reading) March 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending Section 31-233 of the City's Land Development Regulations to adopt a primary color palette applicable to the exterior surfaces of any multi-family, townhouse or nonresidential building. THE REQUEST Pursuant to the City Commission's request, staff prepared an amendment to Section 31- 233 of the City's Land Development Regulations to adopt a primary color palette applicable to the exterior surfaces of any multi-family, townhouse or nonresidential building. Amendments to the City's Land Development Regulations are to be reviewed by, and a recommendation made by, the City's Local Planning Agency (LPA) prior to consideration by the City Commission. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: Section 31-77(g) of City Code lists five (5) standards that the Commission is to consider when reviewing proposed amendments to the text of the Land Development Regulations. The amendment is to be legally required, consistent with the Comprehensive Plan, consistent with the purpose of the LDR, supportive of orderly development, and helpful in administering the development process. The proposed amendment meets those standards. The adoption of a color palette will promote an identifiable aesthetic urban character for the City and provide further clarification on the design guidelines established in the Land Development Regulations. Description/Background of Proposed Amendments: The City Commission requested, at a Commission Workshop, that staff present a recommendation for the adoption of a color palette for buildings in the City. Staff presented a proposed process and color palette at the December 2022 City Commission Workshop. The Commission indicated a comfort level with the process recommended, but requested that a broader palette be considered. At the January 2023 City Commission Workshop, staff presented a broader color palette; the list of those colors is included here as Exhibit 1. The requirement for approval of the color will become part of the commercial painting permit requirement — adding color as part of the permit review process. The permit requirement will apply to multi-family, townhouse and nonresidential buildings. Appeals, if any, will be to the City Commission. The broader palette represents most of the various hues - including blue, green, and yellow - and contains over 200 preselected colors, all of which are moderate in intensity. CONCLUSION Staff recommends adoption of the attached ordinance and color palette list (See Exhibit #1). The requirement will be added to Sec. 31-233. — Architectural design standards of the Land Development Regulations. The requirement will be implemented as a part of the existing commercial building painting permit requirements. 2 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-233 "ARCHITECTURAL DESIGN STANDARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO ADOPT A PRIMARY COLOR PALETTE APPLICABLE TO THE EXTERIOR SURFACES OF ANY MULTI-FAMILY, TOWNHOUSE OR NONRESIDENTIAL BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide language and/or to clarify certain sections of the Code; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Paragraph (c), "Minimum design standards" of Section 31-233 "Architectural design standards" of the City's Land Development Regulations is hereby amended as follows:' Sec. 31-233. —Architectural design standards. (c) Minimum design standards. (See Exhibit#1) (6) Color palette. Adoption of primary color palette and color review chart. Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. a. Adoption. The City hereby adopts the primary color palette and color review chart which is on file and available in the offices of the Community Development Department and on the City's website. b. Purpose. The purpose of this subparagraph is to enhance the unique architectural environment of the City by establishing general standards for the choice of colors for the exterior surfaces of multi-family, townhouse and nonresidential buildings. c. Color chart review application standards. The Community Development Department, when reviewing applications filed pursuant to Section 31- 233(c)(6)(d), shall apply the following review standards: (1) The exterior walls of buildings and structures shall be painted with colors selected from the City's primary color palette. (2) Colors selected shall be appropriate to the architectural style, ornamentation, massing, scale and structure. d. Applicability. (1) The application or use of any colors on the roofs or exterior surfaces of any multi-family, townhouse or nonresidential building, structure or wall shall require a permit authorizing said exterior color prior to the application of said color. (2) The color charts adopted in Section 31-233(c)(6)(a) 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. (3) For the purpose of this section, a mixed-use building, whether including residential and commercial uses (such as a residence above a store), shall not constitute a residential building and must comply with this article. e. Permit application and review. (1) Each applicant for a permit required pursuant to Section 31-233(c)(6)(d) 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. (2) 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. f. Appeals to City Commission. Any decision of the director made pursuant to Section 31-233(c)(6)(e) 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 Commission, and shall be set for review at the next available Commission meeting. The City Manager or the City Commission 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 Commission 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 Commission 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. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intension 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 4. Effective Date. This Ordinance shall be effective immediately upon adoption of second reading. The foregoing Ordinance was offered by Vice Mayor Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Kruss and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg PASSED on first reading this 7t" day of February, 2023. PASSED AND ADOPTED on second reading this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Exhibit 1 SHERWIN WILLIAMS 6225—Sleepy Blue 6784—Bravo Blue Main Color 6231 —Rock Candy 6791 —Lauren's Surprise 6232—Misty 6798—Iceberg 6000—Snowfall 6233—Samovar Silver 6799—Soar 6001 —Grayish 6238—Icicle 6805—Glass Bead 6002—Essential Gray 6239—Upward 6806—Rhythmic Blue 6007—Smart White 6245—Quicksilver 6807—Wondrous Blue 6008—Individual White 6246—North Star 6812—White Iris 6009—Imagine 6247—Krypton 6813—Wishful Blue 6014—Quartz White 6252—Ice Cube 7000—Ibis White 6015—Vaguely Mauve 6253—Olympus White 7001 —Marshmallow 6016—Chaise Mauve 6254—Lazy Gray 7002—Downy 6028—Cultured Pearl 6259—Spatial White 7003—Toque White 6029—White Truffle 6260—Unique Gray 7004—Snowbound 6035—Gauzy White 6266—Discrete White 7005—Pure White 6036—Angora 6267—Sensitive Tint 7006—Extra White 6037—Temperate Taupe 6273—Nouvelle White 7007—Ceiling Bright White 6042—Hush White 6274—Destiny 7008—Alabaster 6043—Unfussy Beige 6275—Fashionable Gray 7009—Pearly White 6049—Gorgeous White 6385—Dover White 7010—White Duck 6056—Polite White 6413—Restoration Ivory 7011 —Natural Choice 6057—Malted Milk 6414—Rice Paddy 7012—Creamy 6063—Nice White 6420—Queen Anne's Lace 7013—Ivory Lace 6064—Reticence 6421 —Celery 7014—Eider White 6070—Heron Plume 6427—Sprout 7015—Repose Gray 6071 —Popular Gray 6428—Honeydew 7016—Mindful Gray 6072—Versailles Gray 6429—Baize Green 7021 —Simple White 6077—Everyday White 6434—Spinach White 7022—Alpaca 6078—Realist Beige 6436—Bonsai Tint 7023—Requisite Gray 6079—Diverse Beige 6441 —White Mint 7028—Incredible White 6084—Modest White 6455—Fleeting Green 7029—Agreeable Gray 6085—Simplify Beige 6462—Green Trance 7030—Anew Gray 6091 —Reliable White 6469—Dewy 7035—Aesthetic White 6098—Pacer White 6470—Waterscape 7036—Accessible Beige 6099—Sand Dollar 6476—Glimmer 7042—Shoji White 6105—Divine White 6477—Tidewater 7043—Worldly Gray 6119—Antique White 6478—Watery 7044—Amazing Gray 6126—Navajo White 6490—Timid Blue 7056—Reserved White 6133—Muslin 6497—Blue Horizon 7057—Silver Strand 6140—Moderate White 6498—Byte Blue 7058—Magnetic Gray 6141 —Softer Tan 6499—Stream 7063—Nebulous White 6147—Panda White 6504—Sky High 7064—Passive 6148—Wool Skein 6511 —Snowdrop 7065—Argos 6154—Nacre 6512—Balmy 7070—Site White 6155—Rice Grain 6513—Take Five 7071 —Gray Screen 6161 —Nonchalant White 6518—Ski Slope 7077—Original White 6162—Ancient Marble 6519—Hinting Blue 7078—Minute Mauve 6168—Moderne White 6520—Honest Blue 7100—Arcade White 6169—Sedate Gray 6525—Rarefied Air 7101 —Futon 6170—Techno Gray 6526—Icelandic 7102—White Flour 6175—Sagey 6532—Aura White 7103—Whitetail 6176—Livable Green 6533—Mild Blue 7104—Cotton White 6182—Ethereal White 6534—Icy 7105—Paperwhite 6183—Conservative Gray 6672—Morning Sun 7106—Honied White 6184—Austere Gray 6679—Full Moon 7121 —Corona 6189—Opaline 6680—Friendly Yellow 7122—Lemon Drop 6190—Filmy Green 6686—Lemon Chiffon 7123—Yellow Beam 6191 —Contented 6687—Lantern Light 7124—Crescent Moon 6196—Frosty White 6693—Lily 7125—Glittery Yellow 6197—Aloof Gray 6694—Glad Yellow 7126—Pearl Onion 6198—Sensible Hue 6700—Daybreak 7127—Apple Slice 6203—Spare White 6707—Narcissus 7128—Green Glaze 6204—Sea Salt 6714—Citrine 7131 —Brooklet 6205—Comfort Gray 6721 —Enlightened Lime 7133—Faraway Blue 6210—Window Pane 6728—White Willow 7134—Tibetan Sky 6211 —Rainwashed 6742—Lighter Mint 7135—Twinkle 6217—Topsail 6763—Retiring Blue 7136—Chapeau Violet 6218—Traderwind 6777—Carefree 7138—Lavender Wisp 6224—Mountain Air 6778—Aviary Blue 7140—Snowberry CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: February 3, 2023 SUBJECT: Ordinance Amending Article I of Chapter 14 of the City Code by Creating Code Section 14-3 Annual Certification of Structural Maintenance February 7, 2023 City Commission Meeting Agenda (First Reading) March 7, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission: 1) Amend Chapter 14— Buildings and Building Regulations, Article I. — In General, by Creating Code Section 14-3. —Annual Certification of Structural Maintenance BACKGROUND This item was discussed at the December 2022 and January 2023 City Commission workshops. A report by the Miami-Dade County Grand Jury aimed at building safety recommended that Building Officials remind owners to maintain their buildings "in a safe condition." Thus, the City is hereby creating Section 14-3 in the City Code to require the responsible party for a building to submit an annual certification of structural maintenance, which report shall be filed with the City on or before December 15t" each year. A form will be provided for the responsible party to submit. The form will include 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. (see attached) This checklist of the elements to be included in the annual certification will be provided by the City. The City will verify the annual submittal of the certifications, review the submittals, and follow-up on any repairs or replacements determined necessary thereby, if any. The certifications would be kept on file for future reference by the building's residents, officers and managers. 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. The code revisions included in the attached ordinance will implement these recommendations. 2 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY OF AVENTURA CODE OF ORDINANCES 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;" PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida, (the "City") finds that it is necessary to further enhance the monitoring of building conditions within the City to ensure compliance by private property owners with life safety requirements of the Florida Building Code and applicable Miami-Dade County and City Ordinances; and WHEREAS, the City Commission finds that the timely delivery of annual certification of structural maintenance reports to the City, as provided herein, will serve to promote the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission finds that the timely painting and/or waterproofing of exterior building surfaces at least every 10 years, as provided herein, will serve to promote the health, safety and welfare of the residents of the City. 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. City Code Amended. That Chapter 14 "Buildings and Building Regulations," of the City Code of Ordinances is hereby amended to read as follows': Chapter 14 — Buildings and Building Regulations ARTICLE I —In General Section. 14-3. — Delivery of annual certification of structural maintenance report. 1 Additions to existing text are shown in underline format. Deletions are shown in strike-through format. City of Aventura Ordinance No. 2023- (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 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 in Section 14-1 on or before December 15 by the Responsible Person or their designee. 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(a)-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. Chapter 14 — Buildings and Building Regulations ARTICLE II — Building Code 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 10-year interval will start when the exterior building surfaces 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. Section 3. Penalty. That a violation of this Ordinance shall be subject to the penalties provided in Section 1-14 of the City Code. This Ordinance shall also be subject to enforcement under the code enforcement process provided by Chapter 2, Section 2- 331, et. seq., of the City Code as amended from time to time. Section 4. 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 rage L 014 City of Aventura Ordinance No. 2023- 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 5. 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 re-lettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 6. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Bloom and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Billy Joel Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2023- PASSED on first reading this 7t" day of February, 2023. PASSED AND ADOPTED on second reading this 7t" day of March, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 + y 2023 ANNUAL STRUCTURAL MAINTENANCE CHECKLIST won THE FOLLOWING ELEMENTS OF THE BUILDING LOCATED AT HAVE BEEN MAINTAINED (CHECK ALL THAT ARE APPLICABLE): ❑ Fireproofing and fire protection systems ❑ Elevators ❑ Heating and cooling systems ❑ Plumbing systems ❑ Electrical systems ❑ Swimming pool and/or spa and associated equipment ❑ Seawalls ❑ Pavement and parking areas ❑ Drainage systems ❑ Painting and waterproofing ❑ Irrigation systems ❑ Termite protection ❑ Roof structure ❑ Additional system(s) not listed above ( ) THE FOLLOWING ELEMENTS OF THE BUILDING WERE FOUND TO BE IN NEED OF MORE THAN MAINTENANCE, THUS REPAIR OR REPLACEMENT IS NECESSARY. ANY ENGINEERING REPORTS COMPLETED REGARDING THESE FINDINGS ARE ATTACHED CERTIFICATION Name and title of person submitting this certification: Date of Signature Date received by the City of Aventura