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01-09-2024 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 January 9, 2024 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Paul A. Kruss Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel 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 January 9, 2024 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards • Charter 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: • November 7, 2023 City Commission Regular Meeting • November 17, 2023 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2024 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTIONS OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A MOTION TO APPROVE THE PRESENTATION OF A KEY TO THE CITY TO CLIFFORD A. SCHULMAN. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING A SAFE STREETS AND ROADS FOR ALL GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN AN AMOUNT OF $256,000 TO COMPLETE A SAFETY ACTION PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 4 Aventura City Commission Regular Meeting Agenda January 9, 2024 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING AK BUILDING SERVICES, INC. FOR CUSTODIAL SERVICES AT AVENTURA CITY OF EXCELLENCE SCHOOL PURSUANT TO REQUEST FOR PROPOSALS NO. 23- 09-12-3 FOR AN INITIAL TERM OF THREE YEARS AT THE PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE NEXT HIGHEST RANKED FIRM(S), IN ORDER OF RANKING, IF AN AGREEMENT CANNOT BE REACHED WITH AK BUILDING SERVICES, INC.; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission agenda are zoning hearings and are quasi- judicial in nature. As such, the quasi-judicial procedures of the City shall be invoked for these items. If you wish to object or comment upon these items,please inform the Mayor when public comments are requested. An opportunity for persons to speak on these items will be made available after the applicant and staff have made their presentations on the items. All testimony,including public testimony and evidence,will be made under oath or affirmation for these quasi-judicial items. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-145(B)(3)M OF THE CITY CODE TO PERMIT THE DEVELOPMENT OF PADEL COURTS AND ACCESSORY FACILITIES ON THE TOP FLOOR OF THE EXISTING PARKING GARAGE LOCATED AT 18851 NE 29 AVENUE; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE AT 19205 BISCAYNE BOULEVARD, UNIT E150, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(A) AND 4-2(B) OF THE CITY CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)P OF THE CITY CODE TO PERMIT THE ESTABLISHMENT OF A COFFEE SHOP WITH A DRIVE- THROUGH IN THE PROPOSED STARBUCKS TO BE LOCATED AT 20401 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda January 9, 2024 7. ORDINANCES — FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING SECTION 18-42 "TAX SCHEDULE"; BY PROVIDING AN INCREASE OF FIVE (5%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE LEGISLATIVE EXPENSE AMOUNT FOR THE MAYOR AND INDIVIDUAL COMMISSIONERS AS PROVIDED FOR IN SECTION 2.06 OF THE CITY OF AVENTURA CHARTER; APPROVING A$500 MONTHLY INCREASE TO THE LEGISLATIVE EXPENSE ACCOUNT FOR EACH CITY COMMISSION MEMBER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 2-339 "CONTENTS AND SERVICE OF WARNING" AND SECTION 2-340 "CONTENTS AND SERVICE OF NOTICE" IN ARTICLE V "CODE ENFORCEMENT' OF CHAPTER 2 "ADMINISTRATION"; AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP," AND SECTION 31-241 "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL REFERENCES TO NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-31 "COMPLIANCE WITH INTERNAL REVENUE CODE", TO PROVIDE FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. Page 3 of 4 Aventura City Commission Regular Meeting Agenda January 9, 2024 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—JANUARY 18,2024 AT 9 AM COMMISSION REGULAR MEETING—FEBRUARY 6,2024 AT 6 PM COMMISSION REGULAR WORKSHP—FEBRUARY 20,2024 AT 9 AM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: January 5, 2024 SUBJECT: Approval of Minutes January 9, 2024 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 as listed below. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • November 7, 2023 City Commission Regular Meeting • November 17, 2023 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES NOVEMBER 7, 2023 Following 6:00 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 6:40 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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. ANNOUNCEMENT OF VICE MAYOR: The announcement of Paul A. Kruss as the next Vice Mayor was done at the Local Planning Agency Meeting. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Wasson reported that items 7H, 71, 7J, 7K, & 7L were withdrawn from the agenda. 5. SPECIAL PRESENTATIONS: • Proclamations: Proclamations were recognized designating Lung Cancer Awareness Month (November 2023) and National Diabetes Awareness Month (November 2023). Proclamations were presented designating Dimitry Shaposhnikov Day (November 7, 2023) and Aharon Nehmad Day (November 7, 2023). • Special Recognitions: The following dignitaries in attendance were recognized: Maor Elbaz-Starinsky — Consul General of Israel in Miami, former Aventura Vice Mayors (Robert Shelley, Denise Landman, Luz Weinberg, and Gladys Mezrahi), Elain Adler (Aventura Marketing Council), Alexis Moseley (Office of Miami-Dade County Commissioner Micky Steinberg), former Bat Harbour Mayor Gabe Groisman, and Holocaust survivor Alex Gross. Aventura City Commission Regular Meeting Minutes November 7, 2023 • Employee Service Awards: None. • Charter School Updates: None. The following items were taken out of order: ITEM 9 - RESOLUTIONS/PUBLIC INPUT — 9A, 9C, & 9113: Vice Mayor Kruss read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXTENDING ITS UNWAVERING SOLIDARITY AND SUPPORT FOR THE STATE OF ISRAEL; CONDEMNING THE INHUMANE AND TRAGIC TERRORIST ATTACK PERPETRATED BY HAMAS ON OCTOBER 7, 2023, AND AFFIRMING ISRAEL'S RIGHT TO EXIST, DEFEND, AND PROTECT ITS CITIZENS; DENOUNCING THE ANTI-SEMITIC ACTS AGAINST ISRAEL, PEOPLE OF THE JEWISH FAITH AND JEWISH INSTITUTIONS MOTIVATED BY THE EVENTS OF OCTOBER 7, 2023; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Vice Mayor Kruss and seconded by Commissioner Stern. Vice Mayor Kruss reviewed the item. No comments were provided by the City Commission. Mayor Weinberg opened the item for public comment. The following members of the public provided comments: former Mayor Gabe Groisman (Bal Harbour Village). There being no additional comments, Mayor Weinberg closed the item for public input. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-56 was adopted. Mrs. Horvath read the following Resolution title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, WAIVING SECTION 7.05 OF THE CITY CHARTER TO AUTHORIZE AND APPROVE THE DONATION OF FUNDS NOT TO EXCEED $150,000.00 FOR A FULLY EQUIPPED AMBULANCE TO THE MAGEN DAVID ADOM ORGANIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Dr. Marks and seconded by Commissioner Stern. Mayor Weinberg reviewed the item. No comments were provided by the City Commission. Page 2 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 Mayor Weinberg opened the item for public comment. The following members of the public provided comments: Maor Elbaz-Starinsky — Consul General of Israel in Miami, Jessica Nessim (Director, Major Gifts at American Friends of Magen David Adom), and Ethan Bazak (DSAHS Student President - Aventura). There being no additional comments, Mayor Weinberg closed the item for public input. Mr. Meyers read into the record the portion of the Resolution addressing the public purpose associated for the donation. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-58 was adopted. A signing ceremony for Resolution No. 2023-56 and Resolution No. 2023-58, including the lighting of a memorial candle by Holocaust survivor Alex Gross, was held following Items 9A and 9C. Mrs. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REVISING CHAPTER 6.6 OF THE ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT OBJECTIVES AND PARAMETERS" RELATING TO THE CITY'S INVESTMENT POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Vice Mayor Kruss and seconded by Commissioner Bloom. Mayor Weinberg and Mr. Wasson reviewed the item focused on increasing the investment in Israel bonds. The City Commission provided brief comments 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 passed unanimously by roll call vote and Resolution No. 2023-57 was adopted. The following item was taken out of order: ITEM 11 - PUBLIC COMMENTS: Mr. Meyers reviewed the rules of decorum and for speaker comments. The following members of the public provided comments: Dr. Theresa Bowe (Sunny Isles Beach). Page 3 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 RECESS AND RECONVENE: The meeting was recessed at 7:50 p.m., to return to the Local Planning Agency Meeting Agenda, and reconvened at 7:59 p.m. Mrs. Horvath noted that all members of the City Commission, Mr. Wasson, and Mr. Meyers were in attendance. 6. 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 Joel, seconded by Commissioner Friedland, and passed unanimously by roll call vote. Commissioner Stern explained the donation to the Police Athletic League. The following action was taken: A. Minutes approved as follows: • September 21 , 2023 City Commission Regular Workshop • October 3, 2023 City Commission Regular Meeting • October 19, 2023 City Commission Special Meeting • October 19, 2023 City Commission Regular Workshop B. Resolution No. 2023-59 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING CONTRACTS FOR BID NO. 23-05-16-3, PAINTING SERVICES, TO EVERGLADES PAINTING CONTRACTORS, LLC AND FIVE 12 PAINTING & REMODELING, LLC AT THE BID PRICES AS OUTLINED IN EXHIBIT"A"ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2023-60 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING BEEFREE, LLC D/B/A FREEBEE FOR MUNICIPAL TRANSIT SERVICES PURSUANT TO REQUEST FOR PROPOSALS NO. 23-10-03-3 IN AN AMOUNT NOT TO EXCEED $668,103.00 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE NEXT HIGHEST RANKED FIRM(S), IN ORDER OF RANKING, IF AN AGREEMENT CANNOT BE REACHED WITH BEEFREE, LLC D/B/A FREEBEE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2023-61 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE REAPPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 E. Resolution No. 2023-62 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2023-63 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF $25,000 FOR A DONATION TO THE INTRACOASTAL POLICE ATHLETIC LEAGUE, SUBJECT TO INCORPORATION, FROM THE POLICE STATE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. H. Resolution No. 2023-64 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. I. Resolution No. 2023-65 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING NOTICE TO THE PUBLIC OF A PENDING ORDINANCE AND DIRECTING STAFF TO DEVELOP AND PROCESS FOR ADOPTION AN ORDINANCE TO PROVIDE FOR CERTIFICATION OF COMPLIANCE OF AFFORDABLE HOUSING PROJECTS AND OTHER LAND DEVELOPMENT REGULATIONS ADDRESSING AFFORDABLE HOUSING, MIXED- USE AND MULTI-FAMILY PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 2023-66 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PROVIDE INCREASED FUNDING FOR THE BISCAYNE BAY WATER QUALITY IMPROVEMENT GRANT PROGRAM; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. 7. PUBLIC HEARINGS: As noted earlier Items 7H, 71, 7J, 7K, and 7L were withdrawn from the agenda. Page 5 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 ORDINANCES — SECOND READING: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Mr. Wasson reviewed the item. No comments were provided by the City Commission. 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 passed unanimously by roll call vote and Ordinance No. 2023-18 was adopted. Mrs. Horvath read the following Ordinance title: B. 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 1-21 "CAMPING PROHIBITED"; PROVIDING FOR CONFLICTS; 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 Joel and seconded by Commissioner Bloom. Mr. Wasson reviewed the item. No comments were provided by the City Commission. 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 passed unanimously by roll call vote and Ordinance No. 2023-19 was adopted. Mrs. Horvath read the following Ordinance title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY Page 6 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 AMENDING SECTION 31-145, "TOWN CENTER ZONING DISTRICTS", TO ALLOW MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING PROGRAM IN THE TOWN CENTER ONE DISTRICT AND TO ALLOW MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 50 DWELLING UNITS PER ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING PROGRAM IN TOWN CENTER DISTRICTS TWO, THREE AND FOUR; SUBJECT TO CONDITIONAL USE APPROVAL; 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 Bloom and seconded by Vice Mayor Kruss. Community Development Director Keven Klopp reviewed the staff report recommending approval. No comments were provided by the City Commission. 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 passed unanimously by roll call vote and Ordinance No. 2023-20 was adopted. RESOLUTIONS: Mr. Meyers reviewed the quasi-judicial procedures for Items 7D, 7E, 7F, and 7G and Mrs. Horvath administered the oath to all those wishing to offer testimony on the items. Disclosures of quasi-judicial communications were provided by the following members of the City Commission: Mayor Weinberg for Item 7D. Mrs. Horvath read the following Resolution title: D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(B)OF THE CITY CODE OF ORDINANCES; (1) TO ALLOW A DENSITY OF 69 DWELLING UNITS PER ACRE FOR A PROJECT THAT PROVIDES RESIDENTIAL UNITS AS HERO HOUSING WHERE THE CITY CODE ALLOWS UP TO 25 DWELLING UNITS PER ACRE; (2)TO ALLOW RESIDENTIAL UNITS ON THE GROUND FLOOR LEVEL WHERE RESIDENTIAL USES ARE ALLOWED ONLY ON THE SECOND OR HIGHER FLOORS; (3) TO ALLOW STRUCTURED PARKING THAT IS NOT INCORPORATED INTO THE BUILDING ENVELOPE OF A PRIMARY USE STRUCTURE; AND (4) TO ALLOW A BUILDING HEIGHT OF 26 STORIES (3114") WHERE THE CITY CODE ALLOWS 4 STORIES (50'); FOR THE PROPERTY LOCATED AT 2999 NE 191 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (71D). A motion for approval of the Resolution was offered by Vice Mayor Kruss and seconded by Commissioner Bloom. Page 7 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference as well as the staff report recommending approval subject to the conditions listed, including the addition to condition #6 requiring approval from the Florida Department of Transportation. No comments were provided on behalf of the Applicant (Michael Marrero, Esq. — Bercow, Radell, Fernandez, Larkin & Tapanes, on behalf of Aventura 2999,LLC). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. No comments were provided by the City Commission. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-67 was adopted. Mrs. Horvath read the following Resolution title: E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-171(B)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT 308 PARKING SPACES WHERE 345 ARE REQUIRED AND ALLOWING FOR THE REMOVAL OF THREE (3) PARKING SPACES FOR THE EXISTING DEVELOPMENT LOCATED AT 3605 NE 207 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (7E). A motion for approval of the Resolution was offered by Commissioner Joel and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference as well as the staff report recommending approval subject to the conditions listed. No comments were provided on behalf of the Applicant (Air Waterways Village, LLC). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. No comments were provided by the City Commission. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-68 was adopted. Mrs. Horvath read the following Resolution title: F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)J OF THE CITY CODE TO PERMIT A SELF-SERVICE STORAGE FACILITY AND ALLOWING A FLOOR AREA RATIO OF 1.88 PURSUANT TO SECTION 31-144(F)(2)L FOR A BUILDING Page 8 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 THAT ATTAINS LEED GOLD OR PLATINUM CERTIFICATION FOR THE PROPERTY LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (71F). A motion for approval of the Resolution was offered by Commissioner Joel and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference as well as the staff report recommending approval subject to the conditions listed. No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of PS Aventura Biscayne 2013 LLC and Public Storage Properties VI Inc. — collectively Public Storage). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. No comments were provided by the City Commission. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-69 was adopted. Mrs. Horvath read the following Resolution title: G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-171(B)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 60 PARKING SPACES WHERE 103 PARKING SPACES ARE REQUIRED; GRANTING A VARIANCE FROM SECTION 31-144(F)(4)D3 TO PERMIT 28%OF THE TOTAL LOT AREA TO BE LANDSCAPED OPEN SPACE WHERE 33% OF THE TOTAL LOT AREA IS REQUIRED TO BE LANDSCAPED OPEN SPACE FOR THE PROPERTY LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (7G). A motion for approval of the Resolution was offered by Commissioner Joel and seconded by Vice Mayor Kruss. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference as well as the staff report recommending approval. No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of PS Aventura Biscayne 2013 LLC and Public Storage Properties VI Inc. — collectively Public Storage). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. Page 9 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 No comments were provided by the City Commission. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-70 was adopted. ORDINANCES — SECOND READING: H. Withdrawn from the Agenda: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE LAND USE ELEMENT TO CREATE A HIGH-DENSITY RESIDENTIAL LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. I. Withdrawn from the Agenda: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (71). J. Withdrawn from the Agenda: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. K. Withdrawn from the Agenda: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (7K). RESOLUTION: L. Withdrawn from the Agenda: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(H) OF THE CITY CODE OF ORDINANCES; (1) TO ALLOW A BUILDING TO CAST A SHADOW ON PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS; (2) TO ALLOW A DENSITY Page 10 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 OF 90 DWELLING UNITS PER ACRE WHERE THE CITY CODE ALLOWS UP TO 75 DWELLING UNITS PER ACRE; (3) TO ALLOW LOT COVERAGE OF 44% FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING WHERE THE CODE ALLOWS 40%; AND (4)TO ALLOW A FLOOR AREA RATIO (FAR) OF 3.6 FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING, WHERE THE CODE ALLOWS A MAXIMUM FAR OF 2.0, FOR THE PROPERTY LOCATED AT 2785 NE 183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (7L). 8. ORDINANCE — 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 ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Mr. Wasson reviewed the item. No comments were provided by the City Commission. 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 CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-31 "COMPLIANCE WITH INTERNAL REVENUE CODE", TO PROVIDE FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Mr. Wasson reviewed the item. No comments were provided by the City Commission. Page 11 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 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. 9. RESOLUTION/PUBLIC INPUT: Items 9A, 9B, & 9C were adopted earlier in the meeting. Mrs. Horvath read the following Resolution title: D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE INVENTORY LIST OF CITY-OWNED PROPERTY APPROPRIATE FOR USE AS AFFORDABLE HOUSING PURSUANT TO SECTION 166.0451, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Joel and seconded by Commissioner Bloom. Community Development Director Keven Klopp reviewed the item and associated inventory list. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. No comments were provided by the City Commission. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2023-71 was adopted. 10. REPORTS: Mayor Weinberg reported on the upcoming Founders Day Event (November 12, 2023). Commissioner Bloom reported on the upcoming Veterans Day Ceremony (November 11 , 2023). 11. PUBLIC COMMENTS: This item was taken out of order earlier in the meeting. No additional members of the public provided comments. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Joel, seconded by Commissioner Friedland, and unanimously approved; thus, adjourning the meeting at 8:24 p.m. Page 12 of 13 Aventura City Commission Regular Meeting Minutes November 7, 2023 Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 9, 2024. Page 13 of 13 w a AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES NOVEMBER 17, 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 9:03 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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. Mayor Weinberg reported on the Mayor's conference he attended to combat anti- Semitism and thanked Vice Mayor Kruss, Commissioner Bloom, and Commissioner Friedland for their involvement in certain anti-Semitism efforts Mayor Weinberg also reported on his and Commissioner Friedland's attendance at the Charter Schools USA Conference. 3. Presentation: Investment Manager — Insight Investment (City Manager): Mr. Wasson introduced the item. Dave Witthohn, Insight Investments, provided an overview of the City's investments and recommended changes to the distribution of funds into longer bonds. The City Commission discussed the item including: how the benchmark is derived, thoughts on possible recession and its effect on the portfolio, outstanding debt, federal government spending, performance and investments, strategy in relation to interest rates, terms of bonds bought during the COVID pandemic, and conservative investment allocation. Finance Director Melissa Cruz provided information on the City's reserves. City Manager Summary: This item was provided for informational purposes. Participated via virtual communications media technology. Aventura City Commission Regular Workshop Minutes—November 17, 2023 4. Presentation: Revision of TAIL Project to Include Hotel Use (City Manager): Mr. Wasson introduced the item for an updated version of the TAL project. The following provided a conceptual presentation for the project including a condominium and upscale hotel at 2785 NE 183 Street on behalf of Got 183 LLC: Matt Rosenblatt (owner) and Brian Adler, Esq. (Bilzin Sumberg Baena Price & Axelrod LLP). Mr. Adler additionally reviewed the conditional uses to be modified. The City Commission discussed the item including: a combination of a condominium and hotel with shared amenities, parking spaces, providing a shuttle bus, traffic study, and traffic mitigation plan. Community Development Director Keven Klopp discussed the Code requirements regarding transportation. City Manager Summary: It was the consensus of the City Commission for the item to proceed through the process. 5. Discussion: Negotiations with Gulfstream Park Regarding Land for a School (Mayor Weinberg): Mayor Weinberg reported on the offer from Gulfstream Park to donate three acres of land next to the current high school, for the City to build a new school (a new high school with the preliminary vision to turn the current high school into a new middle school). Mr. Wasson reported on the Letter of Intent that was being worked on with Gulfstream that would address everything and introduced their attorney that was in attendance. The City Commission discussed the item including the following: the possibility of obtaining four acres instead of three (and if not donated then purchasing the additional acre), number of students that could be added, success of the current schools, work that would be needed to turn the current high school into a middle school, consulting with experts on what a good school building should include, and changes that could be made to the ACES building if it is turned into a K-5 school instead of K-8. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to move forward with the item and to continue his discussions with Gulfstream Park. 6. Discussion: 2024 Proposed City Commission Meeting Schedule (City Manager): Mr. Wasson reviewed the proposed schedule for meetings and workshops for 2024. Mrs. Horvath also pointed out that the Commission Inauguration Ceremony needed to be scheduled in November and recommended the following: Inauguration Ceremony November 121h, City Commission Regular Meeting November 191h, and City Commission Workshop November 22nd Page 2 of 4 Aventura City Commission Regular Workshop Minutes—November 17, 2023 The City Commission discussed the schedule with the following changes: February 15th moved to February 20th and the November meetings and ceremony on the dates as recommended by Mrs. Horvath. City Manager Summary: It was the consensus of the City Commission to establish the schedule as provided with the changes as discussed. 7. Discussion: City's Legislative Programs and Priorities for Upcoming Session (City Manager): Mr. Wasson reviewed the proposed Legislative Program and Priorities for 2024, as well as plans to go to Tallahassee December 11-12, 2023. The Commission discussed the items listed on the Program and Priorities, as well as the need to include an item relating to insurance prices. Drainage issues throughout the City on private property were also discussed with the need for enforcement of the City's ordinance. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution for the item as discussed and presented, with the addition of insurance relief for increased premiums as item 3. 8. Discussion: Proposed Biennial Business Tax Increase (City Manager): Mr. Wasson reported on the proposal to increase the fees by 5% for business tax receipts as allowed by law and reviewed the list of current fees of neighboring municipalities. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with the item for a 5% increase for the January City Commission Meeting. 9. Discussion: Awarding City Key to Clifford A. Schulman (Mayor Weinberg): Mayor Weinberg suggested that Mr. Schulman be awarded with a key to the City as he met the criteria required to do so. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution to award the key at the January City Commission Meeting. 10. Discussion: Water Taxi (Mayor Weinberg): Mayor Weinberg encouraged the use of a water taxi service in Aventura as another means for traffic mitigation. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission for companies to be encouraged to provide a water taxi service in Aventura. Page 3 of 4 Aventura City Commission Regular Workshop Minutes—November 17, 2023 The following additional item was discussed: City Commission Legislative Expense: Mr. Wasson suggested that the Legislative Expense amount be increased $500 per month for all members of the City Commission, due to the increase in activities attended. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution to increase the legislative expense amount by $500 monthly on the January City Commission Meeting Agenda. 11. City Manager's Annual Review: As directed by the City Commission at the October Workshop, Commissioner Joel reported on his suggestion after discussion with the City Manager regarding his review. The City Commission provided positive feedback on the City Manager's performance during the past year. City Manager Summary: It was the consensus of the City Commission to provide Mr. Wasson with a 5% salary adjustment and a 6% bonus as recommended by Commissioner Joel. The following additional items were discussed: Code enforcement for the appearance of shopping centers to be placed on the January Workshop, the possibility of wrapping utility boxes, adding trash cans on Country Club Drive, and starting preparations for Founders Day earlier. Mayor Weinberg provided approval to issue proclamations for Shlomi Ezra and Cliff Schulman to be presented at the January Commission Meeting. Mr. Meyers reported on the recent hearing related to the Promenade code violation and the expectation for the Special Master to make a recommendation in January 2024. 12. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 11 :34 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on January 9, 2024. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 5, 2024 SUBJECT: Resolution Approving Legislative Programs and Priorities for 2024 January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the Legislative Programs and Priorities for 2024. The document includes items discussed at the November Workshop Meeting. If you have any questions, please feel free to contact me. RJW/act Attachment CC03094-24 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2024 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura 2024 Legislative Program and Priorities, attached hereto, is hereby adopted. Section 2. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 3. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 9t" day of January, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES • rlo 000• 4 r1now wonI � WMI : 10 10 • of EXce 2024 Mayor Howard S. Weinberg, Esq. Commissioner Amit Bloom Commissioner Billy Joel 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 City Attorney Weiss Serota Helfman Cole & Bierman, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2024 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1 . Support the home rule powers of local government. 2. Amend Live Local Act (SB102) Provisions to grant more oversight and approval authority to municipalities concerning density and local infrastructure impact. 3. Amend State Law providing for Housing Insurance relief for Florida residents facing staggering insurance premium increases. 4. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 5. Support legislation to increase financial support for Charter schools. 6. Increase educational funding levels for Miami-Dade County Traditional and Charter public schools in order to meet per-pupil State Constitutional requirements. 7. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and/or amendments. 8. Adopt the 2024 Policy Statement of the Florida League of Cities as applicable to the City of Aventura. 9. On a state-wide level, ban the use of handheld phones by persons operating motor vehicles, but allow hands-free phone devices. 10. Preserve municipal authority for red light camera safety and speed camera programs. 11 . Support initiatives to address the impact of rising seas on the South Florida area. 12. Support legislation to amend Section 768.28, Florida Statutes, to expressly state that sovereign immunity constitutes immunity from suit (not just immunity from liability) to the extent not waived by applicable law. 13. Support the adoption of legislation to restore municipal authority to regulate drones in order to protect privacy and to protect persons and property within the municipality. 14. Support funding to reduce traffic congestion by developing alternate transportation modes. 15. Requesting the Florida Legislature to study the elimination of the automobile no- fault law as a means of enhancing safer driving. The City of Aventura will seek state financial assistance for the following projects: 1 . Target Harden 911 Communications Center and Police Station ($1 ,250,000). 2. 191st Street Stormwater Drainage and Roadway Improvement ($1 ,292,584). 3. Police Department and Emergency Response Radio Replacement ($975,000). CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 5, 2024 SUBJECT: A Resolution of the City Commission to Enter Into an Agreement With the State Attorney for the Eleventh Judicial Circuit to Reimburse the State for Prosecutions of Certain City Code Violations January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a resolution to enter into an agreement with the State Attorney for the Eleventh Judicial Circuit ("SAO") to reimburse the SAO for the cost of prosecuting criminal violations of the City of Aventura Code. BACKGROUND Pursuant to state law, the City of Aventura has entered into annual agreements with the Office of the State Attorney to reimburse the SAO at a rate of $50 per hour for the prosecution of criminal violations of the City of Aventura Code. The only change this year is that City Commission approval will not be necessary going forward, as the agreement will automatically renew each year unless terminated by either party. Fiscal Impact There is virtually no impact on the City budget if this resolution is adopted because criminal prosecution of City Code offenses are extremely rare. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTIONS OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into the Agreement attached hereto between the City of Aventura and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the State for the cost of State Attorney prosecutions of certain criminal violations of the City Code. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall be retroactive to October 1, 2023 and shall remain in effect until terminated by either party. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 9t" day of January, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT OF FLORIDA E.R.GRAHAM BUILDING 1350 N.W. 12TH AVENUE MIAMI,FLORIDA 33 136-21 1 1 KATHERINE FERNANDEZ RUNDLE TELEPHONE(305)547-0100 STATE ATTORNEY October 1,2023 Mr. Ronald Wasson City Manager City of Aventura 19200 W. Country Club Drive Aventura,Fl 33180 Dear Mr. Wasson, Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution provides that the State Attorney may prosecute municipal ordinances only if(1)the ordinance violation is ancillary to a felony prosecution(s.27.02(1),Florida Statutes),or(2)the City of Aventura has entered into a contract with the State Attorney for the prosecutions(s.27.34(1),Florida Statutes). Enclosed please find the agreement for the prosecution of ordinance violations.Previously we had sent a new agreement each October 1st covering a one-year period. This year we have changed the performance period to be ongoing. The agreement shall commence on October 1,2023,and remain in effect until terminated,per the provisions of the agreement. Please sign and return one originally signed copy to this office. Alternatively,you may color scan and email a copy to Fiscal@MiamiSAO.com. If you would like to propose any changes or edits to the agreement,please email your request to Fiscal@MiamiSAO.com and we will provide you with an electronic version of the agreement. This agreement is for the initial prosecution of ordinances only;the State Attorney's Office has no statutory authority to handle appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the State Attorney prosecute municipal ordinance violations in accordance with sections 4 and 5 of Chapter 2004-265, Laws of Florida,you are requested to send a letter to that effect to the above address as soon as possible. You will be billed at the statutorily prescribed rate of$50 per hour. Our estimate is that,on average,it takes approximately 20 minutes per case,therefore,you will be charged at the rate of$16.67 per case. Please note that this is the charge for ordinance prosecution only. Pursuant to state law,there are separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the Court. If you have any questions about the agreement or if I can provide any other information,please do not hesitate to contact me at StephenKTalpins(a,MiamiSAO.com. Sincerely, KATHERINE FF�RNANDEZ RUNDLE State Attorney/ RECEIVED NOV 3 2023 y St hen alpins f Chief Assistant State Attorney OFFICE OF THE CITY MANAGER AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE This agreement is entered into this 1st day of October, 2023 by the City of Aventura a political subdivision of the State of Florida(hereinafter referred to as the"City")and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida(hereinafter referred to as "State Attorney"). WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE II Terms This agreement shall take effect on October 1,2023 and be automatically renewed annually at the commencement of the City's fiscal year, subject to annual reauthorization in the budget, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to,the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous quarter. The City shall remit each payment within thirty (30) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VI Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VII Service Charges This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE VIII Non-Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of age, race, color, sex, religious background, ancestry, or national origin in performance of this contract, in regard to persons served, or in regard to employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination,the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: CITY OF AVENTURA By: By: C!aJ/1 , (AJA S S eve t 24) e`)-C/ )14&Mef STATE ATTORNEY'S OFFICE ATTEST: ELEVENTH JUDICIAL CIRCUIT By: By: ,$ eph K talpins '` Chiefistant State Attorney CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 5, 2024 SUBJECT: Motion to Approve the Presentation of a Key to the City to Clifford A. Schulman January 9, 2024 City Commission Meeting Agenda RECOMMENDATION In accordance with the City Commission's direction at the November 17, 2023 Commission Workshop, it is recommended that the City Commission approve a motion to approve the presentation of a key to the City to Clifford A. Schulman. In addition, he will also be presented with a "key fob" and a proclamation. If you have any questions, please feel free to contact me. RJW/act Attachment CC03096-24 CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Jake Ozyman, PE, Public Works &Transportation Director Jrlk (64,_1 DATE: January 5, 2024 SUBJECT: United States Department of Transportation Safe Streets and Roads for All Grant Program Award January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to accept an award from the United States Department of Transportation (USDOT) Safe Streets and Roads for All (SS4A) Grant Program in the amount of$256,000 to perform a Safety Action Plan for the City of Aventura. BACKGROUND The Bipartisan Infrastructure Law (BIL) established the Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over 5 years, 2022- 2026. The SS4A program funds initiatives through grants to prevent roadway deaths and serious injuries. The City applied for funding to develop a comprehensive Safety Action Plan that supports the USDOT's and Miami-Dade County's Vision Zero goals, provides a framework to reduce fatalities and serious injuries on roadways, and improves the safety, health, and well-being of residents and visitors. The Safety Action Plan will address all roadway users, including pedestrians, bicyclists, public transit, personal conveyance, micro mobility users, motorists, and commercial vehicle operators. Upon completion and adoption of the Safety Action Plan, the City will be eligible to receive federal funds to implement projects and strategies identified in the Safety Action Plan to address a roadway safety problem. Projects and strategies can be infrastructure, behavioral, and/or operational activities. City Commission January 5, 2024 Page 2 BUDGETARY IMPACT The award requires a 20% local match in the amount of $64,000 which will be funded from the Transportation & Street Maintenance Fund. JO/gf Attachments J024001 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING A SAFE STREETS AND ROADS FOR ALL GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN AN AMOUNT OF $256,000 TO COMPLETE A SAFETY ACTION PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") desires to complete a Safety Action Plan (the "Project"); and WHEREAS, the Project will address safety of all roadway users, including pedestrians, bicyclists, public transit, personal conveyance, micro mobility users, motorists and commercial vehicle operators; and WHEREAS, the United States Department of Transportation ("USDOT") has awarded the City a Safe Streets and Roads for All grant ("Grant") in an amount of $256,000 for the Project; and WHEREAS, the City desires to accept the Grant and enter into the Grant Agreement, in substantially the form attached hereto as Exhibit "A", (the "Agreement"); and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That each if the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Acceptance and Approval. That the City Commission hereby accepts the Grant in an amount of $256,000 from USDOT and approves the Agreement in substantially the form attached to as Exhibit "A." Section 3. Implementation. That the City Commission hereby authorizes the City Manager to execute the Agreement, and take any other actions necessary to implement the purposes of this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2024- The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED AND ADOPTED this 9t" day of January, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 U.S. DEPARTMENT OF TRANSPORTATION GENERAL TERMS AND CONDITIONS UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL ("SS4A") GRANT PROGRAM: FHWA PROJECTS Original: February 8, 2023 Revision 1: March 28, 2023 Revision 2: August 1, 2023 1 of 30 Table of Contents Article7 Purpose.........................................................................................................................6 7.1 Purpose....................................................................................................................................6 Article8 USDOT Role................................................................................................................6 8.1 Division of USDOT Responsibilities........................................................................................6 8.2 USDOT Program Contacts.......................................................................................................7 Article9 Recipient Role..............................................................................................................7 9.1 Statements on the Project. ........................................................................................................7 9.2 Statements on Authority and Capacity......................................................................................7 9.3 USDOT Reliance. ....................................................................................................................8 9.4 Project Delivery.......................................................................................................................8 9.5 Rights and Powers Affecting the Project...................................................................................8 9.6 Notification of Changes to Key Personnel. ...............................................................................9 Article 10 Award Amount, Obligation, and Time Periods............................................................9 10.1 Federal Award Amount............................................................................................................9 10.2 Federal Obligations..................................................................................................................9 10.3 Budget Period........................................................................................................................10 10.4 Period of Performance............................................................................................................10 Article 11 Statement of Work, Schedule, and Budget Changes..................................................I I 11.1 Notification Requirement.......................................................................................................11 11.2 Statement of Work Changes...................................................................................................11 11.3 Schedule Changes..................................................................................................................11 11.4 Budget Changes.....................................................................................................................11 11.5 USDOT Acceptance of Changes.............................................................................................12 Article 12 General Reporting Terms..........................................................................................12 12.1 Report Submission.................................................................................................................12 12.2 Alternative Reporting Methods...............................................................................................13 12.3 Paperwork Reduction Act Notice............................................................................................13 Article 13 Progress and Financial Reporting..............................................................................13 13.1 Quarterly Program Performance Reports. ............................................................................... 13 13.2 Quarterly Financial Status......................................................................................................13 Article 14 Performance Reporting.............................................................................................13 14.1 Baseline Performance Measurement.......................................................................................13 14.2 Section 24112(h)Report.........................................................................................................14 Article 15 Noncompliance and Remedies..................................................................................15 15.1 Noncompliance Determinations..............................................................................................15 15.2 Remedies. ..............................................................................................................................15 15.3 Other Oversight Entities.........................................................................................................16 Article 16 Agreement Termination............................................................................................16 16.1 USDOT Termination..............................................................................................................16 16.2 Closeout Termination.............................................................................................................17 16.3 Post-Termination Adjustments. ..............................................................................................17 16.4 Non-Terminating Events. .......................................................................................................17 16.5 Other Remedies......................................................................................................................17 Article 17 Monitoring, Financial Management, Controls, and Records......................................18 17.1 Recipient Monitoring and Record Retention........................................................................... 18 17.2 Financial Records and Audits.................................................................................................18 17.3 Internal Controls. ...................................................................................................................18 2of30 17.4 USDOT Record Access..........................................................................................................19 Article 18 Contracting and Subawards.......................................................................................19 18.1 Build America, Buy America. .............................................................................................. 19 18.2 Small and Disadvantaged Business Requirements...................................................................21 18.3 Engineering and Design Services............................................................................................21 18.4 Foreign Market Restrictions. ..................................................................................................21 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment...21 18.6 Recipient Responsibilities For Subawards. .............................................................................21 18.7 Subaward and Contract Authorization. ...................................................................................22 Article 19 Costs, Payments, and Unexpended Funds .................................................................22 19.1 Limitation of Federal Award Amount.....................................................................................22 19.2 Projects Costs.........................................................................................................................22 19.3 Timing of Project Costs..........................................................................................................22 19.4 Recipient Recovery of Federal Funds. ....................................................................................22 19.5 Unexpended Federal Funds. ...................................................................................................22 19.6 Timing of Payments to the Recipient......................................................................................23 19.7 Payment Method....................................................................................................................23 19.8 Information Supporting Expenditures.....................................................................................23 19.9 Reimbursement Frequency.....................................................................................................23 Article 20 Liquidation, Adjustments, and Funds Availability.....................................................23 20.1 Liquidation of Recipient Obligations......................................................................................23 Article 21 Agreement Modifications .........................................................................................23 21.1 Bilateral Modifications...........................................................................................................23 21.2 Unilateral Contact Modifications............................................................................................24 21.3 USDOT Unilateral Modifications...........................................................................................24 21.4 Other Modifications. ..............................................................................................................24 Article 22 Climate Change and Environmental Justice ..............................................................24 22.1 Climate Change and Environmental Justice............................................................................24 Article 23 Racial Equity and Barriers to Opportunity ................................................................24 23.1 Racial Equity and Barriers to Opportunity..............................................................................24 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements.....25 24.1 Uniform Administrative Requirements for Federal Awards.....................................................25 24.2 Federal Law and Public Policy Requirements.........................................................................25 24.3 Federal Freedom of Information Act.......................................................................................25 24.4 History of Performance. .........................................................................................................25 24.5 Whistleblower Protection.......................................................................................................25 24.6 External Award Terms and Obligations..................................................................................25 24.7 Incorporated Certifications.....................................................................................................26 Article25 Assignment...............................................................................................................26 25.1 Assignment Prohibited...........................................................................................................26 Article26 Waiver......................................................................................................................26 26.1 Waivers..................................................................................................................................26 Article 27 Additional Terms and Conditions .............................................................................27 27.1 Effect of Action Plan or Implementation Plan.........................................................................27 27.2 Disclaimer of Federal Liability...............................................................................................27 27.3 Environmental Review...........................................................................................................27 27.4 Railroad Coordination............................................................................................................28 27.5 Relocation and Real Property Acquisition. .............................................................................28 27.6 Equipment Disposition...........................................................................................................29 Article 28 Mandatory Award Information .................................................................................29 3' of30 28.1 Information Contained in a Federal Award.............................................................................29 Article 29 Construction and Definitions ....................................................................................29 29.1 Attachments...........................................................................................................................29 29.2 Exhibits..................................................................................................................................29 29.3 Construction...........................................................................................................................30 29.4 Integration..............................................................................................................................30 29.5 Definitions.............................................................................................................................30 Article 30 Agreement Execution and Effective Date..................................................................30 30.1 Counterparts...........................................................................................................................30 30.2 Effective Date. .......................................................................................................................30 4of30 Index of Definitions Administering Operating Administration.....................................................................................7 Environmental Review Entity...............................................................................25 FederalShare............................................................................................................................11 FHWA........................................................................................................................................7 NOFO.........................................................................................................................................6 OMB.........................................................................................................................................11 ProgramStatute.........................................................................................................................28 Project.........................................................................................................19 ProjectCloseout........................................................................................................................16 SS4AGrant...............................................................................................................................28 USDOT.......................................................................................................................................6 5 of 30 GENERAL TERMS AND CONDITIONS The Infrastructure Investment and Jobs Act(Pub. L. 117-58, November 15, 2021; also referred to as the `Bipartisan Infrastructure Law" or"BIL") established the Safe Streets and Roads for All (SS4A) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the "USDOT") under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as "Vision Zero" or"Toward Zero Deaths" initiatives. The USDOT published a Notice of Funding Opportunity (the"NOFO")to solicit applications for Federal financial assistance in Fiscal Year 2022 for the SS4A Discretionary Grant Program (87 Fed. Reg. 31606 (May 24, 2022; subsequently amended in 87 Fed. Reg. 47818 on August 4, 2022). These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2022 SS4A grant program. Articles 1-6 are in the project- specific portion of the agreement. The term "Recipient" is defined in the project-specific portion of the agreement. Attachments A through D are project-specific attachments. ARTICLE 7 PURPOSE 7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives: (1) timely completing the Project; and (2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B. ARTICLE 8 USDOT ROLE 8.1 Division of USDOT Responsibilities. (a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT's administration of the SS4A Grant Program. 6of30 (b) The Federal Highway Administration (the "FHWA") will administer this grant agreement on behalf of the USDOT. In this agreement, the "Administering Operating Administration"means the FHWA. 8.2 USDOT Program Contacts. FHWA Safe Streets and Roads for All Federal Highway Administration Office of Safety 1200 New Jersey Avenue SE HSA-1, Mail Drop E71-117 Washington, DC 20590 SS4A.FHWA@dot.gov (202) 366-2201 and [enter FHWA Division Office lead point of contact] [enter address] [enter email address] [enter telephone] ARTICLE 9 RECIPIENT ROLE 9.1 Statements on the Project. The Recipient states that: (1) all material statements of fact in the Grant Application were accurate when that application was submitted; and (2) Attachment B documents all material changes in the information contained in that application. 9.2 Statements on Authority and Capacity. The Recipient states that: (1) it has the authority to receive Federal financial assistance under this agreement; (2) It has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant's jurisdiction; if applicable. (3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement; 7of30 (4) not less than the difference between the "Total Eligible Project Cost" and the "SS4A Grant Amount" listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the recipient's jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and (6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient. 9.3 USDOT Reliance. The Recipient acknowledges that: (1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; (2) the USDOT relied on statements of fact in both the-Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO; (3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT's selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. 9.4 Project Delivery. (a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient's compliance with all applicable laws, regulations, and policies. (d) The Recipient shall provide access to records as provided at 2 CFR 200.337. 9.5 Rights and Powers Affecting the Project. (a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient's performance under this agreement without written approval of the USDOT. ' of30 (b) The Recipient shall act, in a manner acceptable to the USDOT,promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient's performance under this agreement. 9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.4 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.3. ARTICLE 10 AWARD AMOUNT, OBLIGATION, AND TIME PERIODS 10.1 Federal Award Amount. The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in Section 2.2 as the SS4A Grant Amount. 10.2 Federal Obligations. This agreement obligates for the budget period listed in section 2.5 of the grant agreement. (a) If the Federal Obligation Type identified in section 2.3 is "Single,"then the project- specific agreement obligates for the budget period the amount listed in section 2.2. as the Grant Amount and sections 10.2 (c)-10.2(f) do not apply to the project specific agreement. (b) If the Federal Obligation Type identified in section 2.3 is "Multiple,"then an amount up to the Grant Amount listed in section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)- 10.2(f). (c) The Obligation Condition Table in section 2.3 allocates the Grant among separate portions of the Project for the purpose of the Federal obligation of funds. The scope of each portion of the Project that is identified in that table is described in section 2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project will be obligated if the condition is met not later than the date listed in Section 2.5 of the project-specific agreement. 9of30 (g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that: (1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and (2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied. (h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f). (i) Reserved. (j) The Recipient acknowledges that: (1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f); (2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16. 10.3 Budget Period The budget period for this award begins on the date of this agreement and ends on the budget period end date that is listed in section 2.5,which shall be no later than 5 years from the date of grant execution. In this agreement, "budget period" is used as defined at 2 C.F.R. 200.1. 10.4 Period of Performance. (a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Section 2.3. (b) In this agreement, "period of performance" is used as defined at 2 C.F.R. 200.1. 10of30 ARTICLE 11 STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES 11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.4 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient's plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement. 11.2 Statement of Work Changes. If the Project's activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1. 11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates: (1) a substantial completion date for the Project or a component of the Project is listed in section 3.2 and the Recipient's estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed in section 2.4. For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change. 11.4 Budget Changes. (a) The Recipient acknowledges that if the cost of completing the Project increases: (1) that increase does not affect the Recipient's obligation under this agreement to complete the Project; and (2) the USDOT will not increase the amount of this award to address any funding shortfall. (b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project's budget to the amounts listed in section 3.3: (1) the "Non-Federal Funds" amount decreases; or (2) the "Total Eligible Project Cost" amount decreases. 11 of 30 (c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the"Total Eligible Project Cost"that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the"Total Eligible Project Cost"that is listed in section 3.3 and the actual eligible project costs. (e) If the actual eligible project costs are less than the"Total Eligible Project Cost"that is listed in section 3.3 and either the Recipient does not make a proposal under section 11.4(d) or the USDOT does not accept the Recipient's proposal under section 11.4(d), then: (1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the"Total Eligible Project Cost"that is listed in section 3.3 and the actual eligible project costs; and (2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project. In this agreement, "Federal Share" means the sum of the "SS4A Action Plan or Implementation Grant Amount" and the "Other Federal Funds" amounts that are listed in section 3.3. (f) The Recipient acknowledges that amounts that are required to be refunded under section 11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999). 11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1. ARTICLE 12 GENERAL REPORTING TERMS 12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.4. Reports will be added to a central repository maintained by FHWA. 12of30 12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA. 12.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget(the "OMB"). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675. ARTICLE 13 PROGRESS AND FINANCIAL REPORTING 13.1 Quarterly Program Performance Reports. Quarterly, on or before the 20th day of the first month of each calendar year(e.g., reports due on or before January 20t', April 20t', July 20t', and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Project Progress Report in the format and with the content described in Exhibit C (SF-PPR). If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Project Progress Report in the second calendar year that begins after the date of this agreement. 13.2 Quarterly Financial Status. Quarterly, on or before the 20t' day of the first month of each calendar year, the Recipient shall submit a Federal Financial Report using SF-425. ARTICLE 14 PERFORMANCE REPORTING 14.1 Baseline Performance Measurement. If the Designation in Section 2.5 is "Implementation,"then: (1) the Recipient shall collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and (2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A. 13; of30 14.2 Section 24112(h) Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report that describes, consistent with section 24112(g) of BIL: (1) the costs of carrying out the project; (2) the outcomes and benefits that each eligible project generated as identified in the grant application and measured by data to the maximum extent practicable (i.e. number of fatalities and serious injuries that occurred within the limits of the project location); and (3) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets. 14.3 Performance Measurement Information. For each performance measure that is identified in the Performance Measure Table in Attachment A, not later than January 31 of each year that follows a calendar year within the period of performance during which data was collected, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected. 14.4 Performance Reporting Survival. The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance. 14.5 Program Evaluation. As a condition of grant award,the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2)provide access to program records, and any other relevant documents to calculate costs and benefits; (3)in the case of an impact analysis, facilitate the access to relevant information as requested; and(4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff. 14of30 ARTICLE 15 NONCOMPLIANCE AND REMEDIES 15.1 Noncompliance Determinations. (a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice. (b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may: (1) accept the remedy; (2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance. To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient's compliance. (c) The USDOT may make a final determination of noncompliance only: (1) after considering the Recipient's response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed. (d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the bases for that determination. 15.2 Remedies. (a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including: (1) additional conditions on the award; (2) any remedy permitted under 2 C.F.R. 200.339-200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or 15 of 30 (3) any other remedy legally available. (b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice. (c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified. (d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT. (e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-999). 15.3 Other Oversight Entities. Nothing in this article 15 limits any party's authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities. ARTICLE 16 AGREEMENT TERMINATION 16.1 USDOT Termination. (a) The USDOT may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section 3.2 table (a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; 16of30 (3) a substantial completion date for the Project or Strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2; (4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or, (5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project. (b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT. (c) This section 16.1 does not limit the USDOT's ability to terminate this agreement as a remedy under section 15.2. (d) The Recipient may request that the USDOT terminate the agreement under this section 16.1. 16.2 Closeout Termination. (a) This agreement terminates on Project Closeout. (b) In this agreement, "Project Closeout" means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance. 16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345-200.346, termination of the agreement does not extinguish the USDOT's authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient. 16.4 Non-Terminating Events. (a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient's obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient's obligations under this agreement. 16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT's remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339-200.340. 17of30 ARTICLE 17 MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS 17.1 Recipient Monitoring and Record Retention. (a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure: (1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334. 17.2 Financial Records and Audits. (a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the Project, and the amount or nature of that portion of the cost of the Project supplied by other sources, and any other financial records related to the project. (b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301-200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501-7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2022 SS4A grants program in financial records required for audits under 31 U.S.C. 7501-7506. Specifically, the Recipient shall: (1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including"FY 2022" in the program name; and (2) list expenditures under that program on a separate row under Part II, Item 1 ("Federal Awards Expended During Fiscal Period") of Form SF-SAC, including "FY 2022" in column c ("Additional Award Identification"). 17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303. 18of30 17.4 USDOT Record Access.The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337. ARTICLE 18 CONTRACTING AND SUBAWARDS 18.1 Build America, Buy America. This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021) and Office of Management and Budget(OMB) Memorandum M-22-11, "Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure." Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States. The Recipient shall not use funds provided under this award for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product; and (3) all construction materials are manufactured in the United States this means that all manufacturing processes for the construction material occurred in the United States. Inapplicability. The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers. 19of30 When necessary, the Recipient may apply for, and the USDOT may grant, a waiver from the domestic content procurement preference in this award term. A request to waive the application of the domestic content procurement preference must be in writing. The USDOT will provide instructions on the waiver process and on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget(OMB) Made in America Office. When the USDOT has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the USDOT determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at hUs,://www.transportation.U�ov/office-DOlicy/tranSDortation-Dolicy/made-in-america. Definitions "Construction materials" includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Primarily iron or steel" means that the cost of the iron and steel content in the article, material, or supply exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron 20 of 30 or steel components. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as implemented by OMB, USDOT, and FHWA. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a)nor a finding under § 70914(b). (b) Under 2 C.F.R. 200.322, as appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under this award,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States. The Recipient shall include the requirements of 2 C.F.R. 200.322 in all subawards including all contracts and purchase orders for work or products under this award. 18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). 18.3 Engineering and Design Services. The Recipient shall award each contract or sub- contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 CFR 200.320or an equivalent qualifications-based requirement prescribed for or by the Recipient. 18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award. 18.6 Recipient Responsibilities For Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331-200.333. 21of30 18.7 Subaward and Contract Authorization. If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is "FHWA Office of Acquisition and Grants Management,"then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or contracting out of any work under this agreement for Action Plan awards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. That approval will be contingent upon a fair and reasonable price determination on the part of the Recipient and the agreement officer's concurrence on that determination. ARTICLE 19 COSTS, PAYMENTS, AND UNEXPENDED FUNDS 19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount. 19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs. 19.3 Timing of Project Costs. (a) The Recipient shall not charge to this award costs that are incurred after the period of performance. (b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval pre-award costs under 2 C.F.R. 200.458. pre-award costs under 2 C.F.R. 200.458. 19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT. 19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States. 22 of 30 19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost. 19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2. 19.8 Information Supporting Expenditures (a) If the USDOT Payment System identified in section 5.2 is "DELPHI eInvoicing,"then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF 270 (Request for Advance or Reimbursement), shall identify the Federal share and the Recipient's share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel. (b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail. 19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is "DELPHI eInvoicing,"then the Recipient shall not request reimbursement more frequently than monthly. ARTICLE 20 LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 20.1 Liquidation of Recipient Obligations. (a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of(1) 120 days after the end of the period of performance or(2)the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided. (b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344-200.346. ARTICLE 21 AGREEMENT MODIFICATIONS 21.1 Bilateral Modifications. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party 23 of 30 may request to amend, modify, or supplement this agreement by written notice to the other party. 21.2 Unilateral Contact Modifications. (a) The USDOT may update the contacts who are listed in sections 4.4 by written notice to all of the Recipient contacts who are listed in section 4.3. 21.3 USDOT Unilateral Modifications. (a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute. (b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective. 21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void. ARTICLE 22 CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE 22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, "Tackling the Climate Crisis at Home and Abroad" (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Proj ect. ARTICLE 23 RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government" (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity. 24of30 ARTICLE 24 FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL POLICY REQUIREMENTS 24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201. 24.2 Federal Law and Public Policy Requirements. (a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty,public welfare, the environment, and prohibiting discrimination. (b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable. 24.3 Federal Freedom of Information Act. (a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552. 24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient's performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient. 24.5 Whistleblower Protection. (a) The Recipient acknowledges that it is a"grantee"within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce. 24.6 External Award Terms and Obligations. (a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts: (1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; 25 of 30 (2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; (3) 2 C.F.R 175.15(b): Trafficking in Persons; and (4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters. (b) The Recipient shall comply with: (1) 49 C.F.R. part 20: New Restrictions on Lobbying; (2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964; (3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and (4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance). 24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference: (1) Appendix A to 49 CFR part 20 (Certification Regarding Lobbying). ARTICLE 25 ASSIGNMENT 25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement. ARTICLE 26 WAIVER 26.1 Waivers. (a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT. (b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions. 26 of 30 (c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach. ARTICLE 27 ADDITIONAL TERMS AND CONDITIONS 27.1 Effect of Action Plan or Implementation Plan. Based on information that the Recipient provided to the USDOT, including the Technical Application, at indicated in section 2.5, this agreement designates this award as an Action Plan award or a Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation on minimum award size, geographic location, and cost sharing. 27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement. 27.3 Environmental Review (a) In this section, "Environmental Review Entity"means: (1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and (2) for all other cases, the FHWA. (b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until: (1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and (2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete. (c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). 27 of 30 (d) The Recipient acknowledges that: (1) the Environmental Review Entity's actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and (2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process. (f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then: (1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or (2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project. 27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a "Railroad Coordination Agreement,"then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad's right-of-way. 27.5 Relocation and Real Property Acquisition. (a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart. (b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D—E. (c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E. 28 of 30 27.6 Equipment Disposition. (a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313-200.316 and 2 C.F.R. 1201.313. (c) The Recipient shall ensure compliance with this section 27.6 for all tiers of subawards under this award. ARTICLE 28 MANDATORY AWARD INFORMATION 28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211: (1) the "Federal Award Date" is the date of this agreement, as defined under section 30.2; (2) the "Assistance Listings Number" is 20.939 and the "Assistance Listings Title" is "Safe Streets and Roads for All Grant Program"; and (3) this award is not for research and development. ARTICLE 29 CONSTRUCTION AND DEFINITIONS 29.1 Attachments. This agreement includes the following attachments as integral parts: Attachment A Performance Measurement Information Attachment B Changes from Application Attachment C Racial Equity and Barriers to Opportunity Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce Attachment F Critical Infrastructure Security and Resilience 29.2 Exhibits. The following exhibits, which are in the document titled"Exhibits to FHWA Grant Agreements Under the Fiscal Year 2022 SS4A Grant Program", dated February 8, 2023, and available at https://www.transportation.gov/sites/dot.gov/files/2023-02/SS4A- FY22-FHWA-Exhibits-2023-02-08.pdf, are part of this agreement. Exhibit A Applicable Federal Laws and Regulations Exhibit B Additional Standard Terms 29 of 30 Exhibit C Quarterly Project Progress Reports and Recertifications: Format and Content Exhibit D Form for Subsequent Obligation of Funds 29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1-30, then the provision in articles 1-30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails. 29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program. 29.5 Definitions. In this agreement, the following definitions apply: "Program Statute" means the BIL section 24112 and statutory text under the heading "Safe Streets and Roads for All Grants" in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. "Project" means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement, including article 3 and Attachments A—D. "SS4A Grant"means an award of funds that were made available under the NOFO. "Grant Application" means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov. ARTICLE 30 AGREEMENT EXECUTION AND EFFECTIVE DATE 30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect. 30.2 Effective Date. The agreement will become effective when all parties have signed it. The date of this agreement will be the date this agreement is signed by the last party to sign it. This instrument constitutes a SS4A Grant when the USDOT's authorized representative signs it. 30 of 30 CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager — BY: Jake Ozyman, PE, Public Works & Transportation Director DATE: January 5, 2024 SUBJECT: Approval of RFP # 23-09-12-3 Custodial Services Aventura City of Excellence School January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to negotiate and enter into an agreement with AK Building Services, Inc. in an amount not to exceed $332,723 annually for the first year, $349,359 annually for the second year, and $366,827 annually for the third year. The proposed agreement will be for an initial three (3) year term with two (2) optional one-year extensions. BACKGROUND The City of Aventura (the "City") issued a Request for Proposals (RFP) on August 11, 2023. The RFP was posted to the City's website, Notice Board, and DemandStar. A non- mandatory pre-bid meeting was held on September 12, 2023 for interested proposers where a bid summary was given. To qualify for award, prospective Proposers were required to: A. Have a minimum of five (5) years of experience in providing custodial services. B. Have been in continuous operation for a minimum of the past five (5) years from the date of the RFP. C. Have a clean judicial record and references. D. Fully licensed with all applicable city, county, state and federal licenses. E. Demonstrate financial stability. On October 6, 2023, thirteen (13) proposals were received from the following firms- 1. AK Building Services 2. Amer Plus Janitorial Maintenance 3. Shen Facility Management 4. Clean Space 5. Delta Property Maintenance 6. Jumep Multy Services 7. SFM Janitorial 8. Skyshine Enterprises 9. Stratus Building Solutions 10.UG2 11.Voloj Cleaning Services 12.WeClean Commercial Cleaning 13.Zachary Cleaners Inc The Evaluation Committee was appointed by the City Manager and comprised of the following City staff: • Ana Melhuish, Principal, Aventura City of Excellence School • Jorge Paz, Assistant Principal, Aventura City of Excellence School • Frank Galletti, Facilities Manager • Alan Levine, Assistant Director of Public Works & Transportation • Heath Papkov, Capital Projects Manager Procurement performed a due diligence review of the proposals and found the following firms unresponsive due to defects in their proposals: • Clean Space • Jumep Multy Services • Stratus Building Solutions Procurement found the remaining ten (10) proposals responsive, with no material defects in their proposals, nor in the Proposers' qualifications. Each Proposer has been in business for more than five years, they are appropriately licensed to do the work, and provided the requested certifications and references. Procurement did not find any issues that would indicate that any of the responsive Proposers were incapable of performing the services. The Committee was provided with the proposals and on December 5, 2023, met to discuss, review, score and rank the proposals. Once the technical scores were finalized, the cost scores for each firm were added and a ranking was established as follows: City of Aventura RFP/RFQ Evaluation Sheet Solicitation Name:Custodial Services ForAventura Cityof Excellence School RFP#23-09-12-3 Proposers Evaluation Committee AK Building Amer Plus Shen Delta SFM Skyshine UG2 Voloj WeClean Zachary Services Janitorial Facility Property Janitorial Enterprises Cleaning Commeerci Cleaners Inc Maintenanc Manageme Maintenanc Services al Cleaning Ana Melhuish 1 9 10 2 8 6 3 5 4 7 Jorge Paz 1 9 10 2 8 6 3 5 4 7 Frank Galletti 1 9 10 3 8 6 2 5 4 7 Alan Levine 1 6 9 2 8 7 3 5 4 6 Heath Papkov 2 5 10 1 9 4 6 8 3 7 Total Score 6 38 49 10 41 29 17 28 19 34 Rank 1 8 10 2 9 6 3 5 4 7 The Committee shortlisted the four (4) highest ranked proposers and invited them for oral presentations. Oral presentations were held on December 18, 2023, and final ranking was established as follows- Proposer Final Ranking Annual Cost AK Building Services 1 $377,043 UG2 2 $334,770 WeClean Commercial Cleaning 3 $240,670 Delta Property Maintenance 4 $203,520 On December 20, 2023, the City further negotiated with AK Building Services, Inc. to reduce its offer down to $332,723 by adjusting staffing. Based on the Evaluation Committee's ranking, it is recommended that the City Manager negotiate and execute an agreement with AK Building Services in an amount not to exceed $332,723 annually for the first year, $349,359 annually for the second year, and $366,827 annually for the third year. If an agreement cannot be reached with AK Building Services, the City Manager is authorized to negotiate and execute an agreement with the next highest ranked firm(s), in order of ranking, until an agreement in the best interest of the City is reached. JO/gf Attachments J024002 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING AK BUILDING SERVICES, INC. FOR CUSTODIAL SERVICES AT AVENTURA CITY OF EXCELLENCE SCHOOL PURSUANT TO REQUEST FOR PROPOSALS NO. 23-09-12-3 FOR AN INITIAL TERM OF THREE YEARS AT THE PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE NEXT HIGHEST RANKED FIRM(S), IN ORDER OF RANKING, IF AN AGREEMENT CANNOT BE REACHED WITH AK BUILDING SERVICES, INC.; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") issued a Request for Proposals No. 23-09-12-3 (the "RFP") for Custodial Services at Aventura City of Excellence School ("Services"); and WHEREAS, thirteen sealed proposals were received by the RFP deadline, with 10 of those proposals responsive with no material defects in their proposals; and WHEREAS, on December 5, 2023 and December 18, 2023, an Evaluation Committee appointed by the City Manager evaluated the proposals and ranked AK Building Services, Inc. (the "Contractor") as the highest ranked firm; and WHEREAS, the City Manager recommended that the Contractor be selected to provide the Services as further provided in the Staff Memorandum supporting this Resolution; and WHEREAS, the City Commission desires to select the Contractor to provide the Services and authorize the City Manager to negotiate and enter into an agreement with the Contractor, consistent with the Contractor's proposal attached hereto as Exhibit "A;" and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. That the City Commission hereby selects the Contractor for the Services. Section 3. That the City Commission hereby authorizes the City Manager, to negotiate and execute an agreement with Contractor, consistent with the Contractor's proposal attached hereto as Exhibit "A," and subject to the City Attorney's approval as to form, content, and legal sufficiency. If an agreement cannot be reached with the Contractor, the City Manager is authorized to negotiate and execute an agreement with City of Aventura Resolution No. 2024- the next highest ranked firm(s), in order of ranking, as provided in the Staff Memorandum supporting this Resolution, until an agreement in the best interest of the City is reached. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 190-6008-569-4620. 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 Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED AND ADOPTED this 9t" day of January 9, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 r- \ % % 7 % / $ \ 4 C A e o m cl m � n 0 $ M / co * 5 0 r 0 0 / 2 u \ / / 2 / 4 k o � C 6 5 a co/ / k m e 5 = o 0 % ® or Lfi M 2 M \ f \ w g o 0 0 o A 3 w \ - e 2 cc e m CY 4 � \ � % � k C k k k f t \ % \ 2 $ r ƒ \ / 2 % / / 2 (.04 2 I I w 5 = n 5 2 CC 6 G G 5 + J _ m e m / D / / U) D \ \ LU o 0 0 0 o LL. w 3 w \ \ \ 2 ] m J / % 7 ? % / / / \ 4 O o w m c e m o w k % 00 k N 5 $ k LOo / m Ao (.0 a)2 3 \ E / 2 f ) 0 G 5 0 = 5 2 \ 7 cc A e m / Cc / / g / \ \ \ \ m § G e = _ e D \ \ w g o 0 0 >1 o o ® o A a w a :t:f- e c 7 / c k f \ ® _ CL E O z = C m / / f $ _ � cc 0 2 ± $ » c \ \ 0 t / / R \ \ \ 3 / © \ 4 k = : \ / \ « cc \ O � G » u g 4 / k e k m \ d \ ƒ c 7 c \ _ a s k = _ j \ : » . . . . 5 \ 2 O \ \ 3 \ \ m _ _ _ » » » » M 2 U) / e x q 0 ? 4 $ 2 - _ _ _ \ C o e o m _ « w m -j 0 e w c / / / / 2 0 2: 0 0 0 2 cc -0 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasso 4z�2. City Manager BY: Keven Klopp Community Development Director DATE: January 5, 2024 SUBJECT: Request for Conditional Use Approval for a Development of Padel Courts at 18851 NE 29 Avenue (the "Property") (File No. CUP231 1-0001) January 9, 2024 Local Planning Agency Meeting Agenda January 9, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to facilitate the development of commercial sport facilities known as Padel Park Aventura on the roof of the parking garage at the Property. THE REQUEST The applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Padel Park Aventura LLC, is requesting Conditional Use approval pursuant to Section 31- 145(b)(3)m of the City Code to permit padel courts and accessory uses. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY 1OX Centre LLC APPLICANT Padel Park Aventura LLC ADDRESS OF PROPERTY 18851 NE 29 Avenue (See Exhibit#2 for Location Map). SIZE OF PROPERTY Approximately 3.84 acres LEGAL DESCRIPTION Harbour Centre PB 158-77 T-20678 Tract A Lot Size 3.849 AC M/L FAU 28-2203-000-0160 COC 24955-1967 09 2006 6 (See Exhibit#3 for Legal Description). Zoning — Subject Property TC1 — Town Center District Properties to the North MO — Medical Office District TC1 — Town Center District RMF3 — Multifamily Medium Density Properties to the South TC2 — Town Center Marine District Properties to the East RMF3B — Multifamily Medium Density Properties to the West TC1 — Town Center District Existing Land Use — Subject Property Offices Properties to the North Offices Multifamily Residential Properties to the South Commercial Properties to the East Multifamily Residential Properties to the West Mixed Use & Retail Future Land Use — Subject Property Town Center Properties to the North Town Center Properties to the South Town Center Properties to the East Medium-High Density Residential Properties to the West Town Center The Site —The existing site consists of an approximately 3.84-acre parcel situated at the intersection of NE 29 Avenue and NE 188 Street. The properties bordering to the north comprise a single-story office building and a multifamily residential development known as Camden South. To the east are the Uptown Marina Lofts and a canal leading to Dumfoundling Bay. South of NE 188 Street are a self-storage facility and a commercial marina. West of NE 29 Avenue are a mixed-use development known as The Venture at Aventura and the Town Center Aventura retail plaza. The Property hosts a ten (10) story office building built in 2003, a single-story retail building and a seven (7) story parking garage. 2 The Project — Padel Park Aventura proposes to develop sport recreational facilities on the rooftop of the parking structure. The facilities will include seven (7) padel courts with shower and locker rooms, and a small retail space, juice bar and lounging areas. The applicant has requested conditional use approval pursuant to Section 31-145(b)(3)m to permit the recreational facility on the Property. All uses permitted in the Community Facility (CF) district are permitted in the Town Center TC1 district if they are approved under Conditional Use. Parks and uses generally associated with it are permitted uses in the CF district. The Administrative Site Plan Approval Application No. SP2311-0001 is currently under review by City staff. Parking Requirement — The parking garage currently provides substantially more spaces than required for the office building. The rooftop of the garage will be converted from parking spaces to padel courts, thus reducing the number of parking spaces while increasing the parking requirement. Subsequent to this conversion, there will still be more parking provided than required by the Code (733 spaces required, 865 provided). ANALYSIS Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The recreational facility is located within the Town Center District. In this district, centers that have open-air configurations and serve the lifestyle pursuits of consumers in the area are encouraged. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria- 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. This property is located within a Town Center future land use designation. Community Facilities District may be applied to land designated Town Center on the City's Future Land Use Map. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting new use, which will serve the community. 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided forin the requirement of these LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including an area with higher landscaping providing screening from adjacent residential buildings. CONDITIONS OF APPROVAL Based on the Analysis above, the application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. 1. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department and approved under ASPA Application No. SP2311-0001 (Exhibit #4). 4 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. 3. Applicant acknowledges that the hours of operation shall be no earlier than 7 AM nor later than 11 PM and that the City Commission may, if determined necessary by the City, require either reduced operating hours or mitigating measures to be implemented if the early-morning or late-night hours are determined to be creating a noise nuisance for the surrounding residents. DISCLAIMER AND CONDITION Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. 5 BERCOW FERNANDEZ November 21, 2023 LARKIN+ TAPANES " .LAW° VIA ELECTRONIC MAIL 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300, Miami,FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent — Padel Park Aventura — Site Plan and mmarrero@brzoninglaw.com Conditional Use Approval at the Property Located at 18851 NE 29 Avenue Aventura, Florida Dear Mr. Klopp: Our law firm represents Padel Park Aventura, LLC (the "Applicant") with regard to proposed padel park located at 18851 NE 29 Avenue (the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent requesting approval of its Site Plan and a Conditional Use at the Property. Property Description. The Property identified by Miami Dade County Property Appraiser Folio No. 28-2203-062-0010. The Property is approximately 3.84 acres in size and is designated as "Town Center" in the City's Comprehensive Plan. The Property is within the Town Center ("TC1") Zoning District. Currently, the Property is developed with a large parking garage. Proposed Development. The Applicant seeks to open a new location at a space on the roof of the existing seven (7) story parking structure within the Property. The Applicant seeks to serve as a resource in the City and seeks to introduce this use into the area with minimal disruption to the neighborhood. To accomplish this, the Applicant desires to develop and operate padel courts on the roof of the parking structure, in conjunction with a small retail space, or pro shop, to serve the park's patrons. Padel courts are permitted within the TC1 Zoning District as a Conditional Use since it is a type of park/recreational use. See Section 31-145(b)(3), City Mr. Keven Klopp Community Development Director Page 2 of Aventura Code of Ordinances. Therefore, the nature of this use is in harmony with the intent of the TC1 Zoning District. Application Requests. The Applicant recognizes that the approval of this site plan will also require a conditional use to be considered and approved by the City, and looks forward to working with the City on that process while the site plan review is ongoing. The complete summary of requests is as follows: • Approval of Site Plan • Conditional Use Approval to operate a padel facility at the Property Conditional Use Request. The Applicant requests a Conditional Use approval to permit a padel court facility at the Property. Such an addition to the Property will be able to serve both residents and visitors in the City. As the Property is within the TC1 Zoning District, uses which are permitted within the Community Facilities ("CF") Zoning District are also permitted, as a conditional use. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the type of uses proposed are specifically contemplated in the Town Center TC1 Zoning District 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting new use, which will serve the community. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 The proposed use is consistent with community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. S. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including proposed wall art. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this request. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 4 Sincerely, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Location Map - Exhibit #2 > 1 A1A m Sun Swept �_��_��__ -� Holiday Dr 1�, �- - - - - Isles 1 1 1 1 1 NE 213th St 1 z 1 rn 1 1 w 1 1 4i, 1 1 s 1 D Aventura o ghl` y d C 1 N Country 1 C° Park 1 Club Dr 1 � 2 O 1 1 0 1 1 t7 1 1 z 1 1 m N 1 1 4:- 1 St 1 s 1 199th / N Don Soffer 1 E / Turnberry Isle Exercise Trail 1 Golf Course Golden Beach 1 / 1 Aventura Mall Aventura / 1 1 1 1 hman CSWY 1 1 Le 1 1 \N 1 / 1 / 1 NE 190th S,. / 1 / Z 1 I � / 2822030620010 NE 186th St / I I / NE 783rd St / r / / a olds Park I I � / East�� Point / / NE 171st St NE 170th St TC1 Town Center District NE 1 69th St 1 : : 1 ,�y�ule Subject Property 1 Lake Aventura Municipal Boundary 1, Intracoastal Mall 826 12/5/2023 City of Aventura 1:30,000 Government Center 0 0.23 0.45 0.9 mi P� q 19200 West Country Club Drive Aventura,Florida 33180 0 0.35 0.7 1.4 km Exhibit#3 LEGAL DESCRIPTION Tract "A" of Harbour Centre, according to the Plat Thereof as Recorded in Plat Book 158, Page 77 of the Public Records of Miami-Dade County, Florida. ------- -- -- j +�Jj Tjjjjj-� o 0.D DEE E Tz2 z 000 w Lu 1 0 z � au <0 Lu 93H, Ll ()z I i t 8 u 'WIAIV j ///� o v 2 o 8 W CC IF 4 2 o ;z g o- 1. ;z o o o 13 U) 2 E 0 < 0 9 W U) 2§ p 1, < cl T z < i:�-T: o 0 9 u > < U) n < U) o 5 1� o < co I 1= w p < < 0 2: U 2 0 3<: < ryQ] < < 0 g g < 0 < (3 F-- < L F z u w T 00 < c� U-) U,) U,) u 0 — u U) 000 UO) ti Z.2 ; Q 0 < ce) < a u N N —1 0 LL < ri 0 0 0 0 < 21: W -0 > w Z, w < J > > D 0 u < N o M .0 ~ 8 u T ,) w U) <> U', 0 < W 4— 0) o LLT c� 2: LU 04 N 0 0 -0 —1 0 U0> 0 0 u < c� — Q u (.9 < U) o I-- F-- 0ti U 0 c� cc) u 0 1 0 u F--1 -0 < Ln fa c� n 00 0 u I—q ¢ aa i J U r or o w m oho �a Q v - O02 JF Ow :go z O zLU O r FOJajFo a 9um Q 4 a oo mmoa W a a g>�a0000w �. H w L�mmme�m „� ao K - 2 -1 as So III Q L ❑oI w n D I I a z o in d Y mmm mmm ��I =� Q o Elo Q a J _ w iu L—L wp �a C) IVA L cn a o o ol a a L o -- �' *I.00 Y 9 -1 ' -T- F- � o` —'-1 �-T- - F- -- J �-Il- - IL-'-- -I � � F ---1 F -- a� --_ I L_'— a 1a —J L �, F— =I.3 00 d aed Sad p =o �= a _. ® _ Ho, m s - so of 0 w w aw �on a e w w a Sd= mmmm mmm m J W O �- ICI O m 0E J F Oo �zwo z 2 z tou j rcW N msoaw W Hill K w c� z QOf u y w O ! crcr aLL zLU � z� w>% z _ ww z 0-j J 0 z Q zQ w< C) wQ W wQ (1) C) \ I/ Q !• Q 4w w z LU Of F z ® ! z z O w O z Q Q z� Q W 2' U w w U �Q W f_ — �/ �cr jai IRA � � �_ • xv x CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-145(B)(3)M OF THE CITY CODE TO PERMIT THE DEVELOPMENT OF PADEL COURTS AND ACCESSORY FACILITIES ON THE TOP FLOOR OF THE EXISTING PARKING GARAGE LOCATED AT 18851 NE 29 AVENUE; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Property at 18851 NE 29 Avenue ("Property"), legally described in Exhibit "A", is zoned TC1, Town Center District; and WHEREAS, the applicant, Padel Park Aventura LLC, through Application No. CUP2311-0001 ("Application"), is requesting conditional use approval pursuant to Section 31-145(b)(3)m of the City Code to permit the development of padel courts and accessory facilities on the top floor of the existing parking garage located at 18851 NE 29 Avenue; and WHEREAS, following proper notice, the City Commission held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for conditional use approval pursuant to Section 31- 145(b)(3)m of the Code to permit padel courts and accessory facilities on the top floor of the existing parking garage located at 18851 NE 29 Avenue, the Property legally described in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following conditions- 1. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department and approved under ASPA Application No. SP2311-0001. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. City of Aventura Resolution No. 2024-_ Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED AND ADOPTED this 9t" day of January, 2024. Page 2 of 4 City of Aventura Resolution No. 2024-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 4 Exhibit#3 LEGAL DESCRIPTION Tract "A" of Harbour Centre, according to the Plat Thereof as Recorded in Plat Book 158, Page 77 of the Public Records of Miami-Dade County, Florida. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson O�L City Manager BY: Keven Klopp i * Community Development Director DATE: January 5, 2024 SUBJECT: Request for Conditional Use Approval to Establish a Liquor Package Store as Part of, and Adjacent to, the New Location of The Fresh Market at 19205 Biscayne Boulevard, Suite E150 (the "Property") (File No. CUP2312-0001) January 9, 2024 Local Planning Agency Meeting Agenda January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to establish a liquor package store adjacent to the upcoming The Fresh Market grocery store to be located at the referenced property, notwithstanding the spacing and distance requirements, for the sale of alcoholic beverages pursuant to Section 4.2 (a) and (b) of the City of Aventura Code of Ordinances. THE REQUEST The Fresh Market, Inc. d/b/a The Fresh Market("the Applicant"), is requesting Conditional Use approval pursuant to Section 4.2 (a) and (b) to permit the establishment of a liquor package store adjacent to the proposed grocery store (See Exhibit#1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Equity One (Florida Portfolio) LLC APPLICANT The Fresh Market, Inc. ADDRESS OF PROPERTY 19205 Biscayne Boulevard, Suite E150 (See Exhibit #2 for Location Map). SIZE OF PROPERTY Approximately 9.78 acres LEGAL DESCRIPTION Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153, Page 56, of the Public Records of Miami-Dade County, Florida (See Exhibit #3 for complete Legal Description). Zoning — Subject Property B2 — Community Business District Properties to the North B2 — Community Business District Properties to the South B2 — Community Business District TC1 — Town Center District Properties to the East B2 — Community Business District Properties to the West B2 — Community Business District Unincorporated Miami Dade County Existing Land Use — Subject Property Commercial - Retail Properties to the North Commercial - Retail Properties to the South Commercial - Retail Properties to the East Hotel Properties to the West Warehouse Future Land Use — Subject Property Business and Office Properties to the North Business and Office Properties to the South Town Center Properties to the East Business and Office Properties to the West Community Shopping Center— Retail Utility The Site — The existing site consists of an approximately 9.78-acre commercial plaza known as Aventura Square located along Biscayne Boulevard between NE 191 Street and NE 192 Street. The proposed business will be situated in the heart of the plaza, encompassing 45,000 square feet. Positioned to the north are the Old Navy clothing store and the International Jewelers Exchange. To the south is a DSW Designer Shoe Warehouse and VCA Aventura Animal Hospital. Additionally, the plaza features a Starbucks coffee shop, a Bodega restaurant, and two banks. The space to be occupied by The Fresh Market was formerly Bed, Bath, Beyond. The Project — The Fresh Market, Inc. proposes to establish a grocery store that has an adjacent liquor package store to sell beer, wine, and liquor for off premise package sales. 2 The liquor package store will have an independent entrance and will not be connected to the grocery store. The liquor package store will be designed with complementary alcohol Castings for its patrons at a designated area. Patrons will not be charged not be charged for the alcohol beverage Castings that will be consumed on the premises within the tasting area. A different approval from the City and from the State would be needed in order to offer drinks for sale. ANALYSIS Sales of alcoholic beverages requires conditional use approval due to the distance and spacing requirements of Chapter 4 of the City Code as detailed in the "Community Development Department Analysis" below. Community Development Department Analysis—Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. The Applicant provided a registered radial survey showing all licensed alcohol facilities and religious/educational facilities located within the non-excepted distance (See Exhibit # 4 — Liquor Radial Survey). Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement; however, conditional use approval is required for The Fresh Market liquor store because only the off-premises sales of beer and wine are excepted. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria- 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to provide the package sale of beer, wine, and liquor for off premise consumption to its patrons conducted in a positive and responsible manner. 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with community character of the immediate neighborhood. It will serve the neighborhood near the Aventura Mall, where other such establishments have existed and should continue to exist responsibly in the future. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided forin the requirement of these LDR's. There will be adequate utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, that will be available concurrent with demand for the proposed use of the Property. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed liquor package store is located in an existing shopping center that has adequate ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed liquor package liquor store is taking over the space of the former Bed Bath & Beyond, and it is compatible with the other business within the existing shopping center and surrounding areas. CONDITIONS OF APPROVAL Based on the Analysis above, the application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. 1. This approval shall be granted exclusively to The Fresh Market Liquor Store to be established at the Property. This approval may not be transferred to any other location. 4 2. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3(a) of the City Code; namely, between the hours of 8.00 a.m. and 10.00 p.m. 3. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales of alcoholic beverages within twelve (12) months of the date of this approval or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 4. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers. 5. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales of alcoholic beverages upon written notice to the applicant of such a determination, which can only be made after a public hearing in front of the City Commission involving the applicant, in which the Commission determines that the applicant has created and/or is creating a disturbance to the community, and that the applicant's conditional use approval should be terminated. Such public hearing shall not occur until after the following due process is provided to the applicant: (i) the applicant receives written notice from the City Manager that it has created and/or is creating a disturbance to the community; (ii) the applicant is afforded the opportunity to review and discuss all of the complaints or allegations that it has and/or is creating a disturbance to the community with the City Manager; (iii) the applicant is afforded the opportunity to review all evidence or facts used by the City Manager in making such allegations; and (iv) after providing the applicant an opportunity to cure or prevent any alleged defects, violations, or disturbances. 6. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. 7. Tastings are allowed by state law. The sale of alcoholic beverages for on-site consumption is not allowed by this approval, and customers will not be permitted to remove an individual glass of an alcoholic beverage or any open container from the premises. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 5 From the desk of: \ I Dominic"Nico" Romano, Partner I I I I Brickell Avenue, Ste. 1900 r Miami, FL 33131 Phone: 305.224.1003 Fax: 305.204.9129 1678 S P I R I T U S LAW Direct Phone: 3 Nico.Romano@spirituslaw.com com Email: Nico.Romano@spirituslaw.com Keven R. Klopp Community Development Director City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Planning Director City of Aventura Re: The Fresh Market— 19205 Biscayne Blvd., Unit#E150, Aventura, Florida Letter of Intent—Conditional Use Application Dear Mr. Klopp: Our law firm represents The Fresh Market, Inc. d/b/a The Fresh Market("the Applicant") that will be opening soon at: 19205 Biscayne Blvd., Unit #E150, Aventura, FL 33180 (the Property'). This letter shall serve as the Applicant's letter of intent in support of the application for a Conditional Use approval to permit the grocery store that has an adjacent liquor package store to sell beer, wine, and liquor for off premise package sales pursuant to City Code Section 4- 2. The Fresh Market is a grocery and liquor package store to be located in the former site occupied by Bed Bath & Beyond, in a shopping center adjacent to the Aventura Mall. The grocery and liquor package store will be undergoing major internal and exterior remodeling and intends to be open and in full operation as soon as practicable. The Fresh Market is a destination for those looking to discover the best including convenient, restaurant-quality meals, hand- picked produce, premium baked goods, fresh-cut flowers, custom-cut meats and carefully curated offerings for holidays and special occasions. The grocery store portion of the Property that will provide package beer and wine sales for consumption off of the premises is exempt from distance impacts pursuant to Sec. 4.2(e)(4) of the Code. The Fresh Market will also offer a beer, wine and liquor package store that is adjacent to the grocery store for its patrons at the Property. The liquor package store will be designed to create a high-end shopping experience with complementary alcohol tastings for its patrons at a designed area within the liquor package store as permitted by the Florida Beverage Law. The Fresh Market will not be charging patrons for the alcohol beverage tastings that will be consumed on the premises within the tasting area. Since the grocery and liquor package store is located within 1500 feet from other business establishments with an alcohol beverage use and within 2500 feet of schools and religious facilities the liquor package store requires a Conditional Use permit, as it does not meet the distance requirements of Section 4-2(a) and (b) of the City of Aventura Code. 32082744v1 Page 2 of 4 Conditional Use Request. Pursuant to the Section 4-2 of the City' s Alcohol Beverage Regulations and the applicable Land Development Regulations (LDRs), the Applicant requests a Conditional Use approval to permit the sale of beer, wine and liquor for off-premises consumption, where other establishments selling alcohol exist within one-thousand five hundred feet (1,500) and a religious facility or schools/religious schools exist within two-thousand five hundred feet(2,500). Section 4- 2 provides as follows: Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1, 500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. Unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school. There are other similar establishments within one-thousand five-hundred feet(1,500) that are already located within the perimeter, including a grocery store that also sells alcoholic beverages for off-premises consumption. However, the Conditional Use is supported by the fact that the existing grocery and liquor package stores described on the enclosed liquor survey for The Fresh Market, as well as the other establishments in the area, have previously operated and continue to operate in a responsible manner. It is also significant to note that the Property is located adjacent to the Aventura Mall and large malls, like the Aventura Mail, typically offer a variety of dinning and drinking options along with the with the many other uses within the mall. Also, as depicted on the survey, there are schools, including religious schools and/or establishments within two-thousand five-hundred feet (2,500) that are already located within the distance impacts. However, the Conditional Use is supported by the fact that the existing schools and religious establishments described on the enclosed liquor survey for The Fresh Market have been located within close proximity to other alcohol establishments without issue. It is also significant to note that the Property is located adjacent to the Aventura Mall and large malls, like the Aventura Mail, as mentioned previously typically offer a variety of dinning and drinking options along with the with the many other uses within the mall. Furthermore, The Fresh Market has a proven track record in the community for providing good food in a family-oriented atmosphere. The grocery and the package liquor store intend to offer alcoholic beverage products at the Property in a responsible manner to its patrons and visitors. It should be mentioned that The Fresh Market is proud that USA Today's lOBest Readers' Choice Awards has recognized The Fresh Market for the third year in a row as the "Best Grocery Store in America" for 2023. Page 3 of 4 Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 of Code, governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically a collection of different commercial and retail uses are encouraged within the Business and Office designation. 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to provide the package sale of beer, wine, and liquor for off premise consumption to its patrons. As such, there are several other alcohol beverage establishments, schools and religious institutions located near and within the adjacent Aventura Mall and within the distance measurement from the Fresh Market. Please note that these establishments serve and sell alcoholic beverages to their patrons, and it has been demonstrated that alcoholic beverages sales can be conducted in a positive and responsible manner. The sale of alcoholic beverages by existing alcohol establishments in the adjacent Aventura Mall and surrounding areas has not resulted in any adverse effects or issues in the past, and the granting of this Application will not change that record. 3. The proposed use shall be consistent and compatible with other similar grocery stores within the neighborhood. The Property is consistent with community character of the immediate neighborhood. Again, it will serve the neighborhood near the Aventura Mall, where other such establishments have existed and should continue to exist responsibly in the future. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City' s adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. There will be adequate utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, that will be available concurrent with demand for the proposed use of the Property. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The proposed liquor package store is located in an existing shopping center that has adequate ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Page 4 of 4 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect or impact on the ability of surrounding properties to develop for uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed liquor package liquor store is taking over the space of the former Bed Bath & Beyond, and it is compatible with the other business within the existing shopping center and surrounding areas. There will be no adverse effects associated with the proposed liquor package and grocery store. For all of the foregoing reasons we hereby request your favorable review and recommendation, and that the Applicant's request for a Conditional Use approval is warranted and should be granted. We would appreciate your scheduling this application for the next available public hearing. Thank you for your attention to this matter. Sinc ly, Dominic "Nico" Romano Enclosures Exhibit #2 Location Map Sun Swept_ _ �,��:�r=----- Holiday Dr — — — — — ty-L-ine Rd— -- — ISIes 1 J 1 1 1 NE 21 3th St 1 z I m 1 w 1 a � � 1 � s 1 D I Aventura 1 0 1 -a v CO Highland Oaks I N Park Country Club Dr 1 m 1 1 1 O 1 1 0 1 1 t7 3rd St z 1 1 m 1 1 N 1 1 1 th St 1 th St <0 1 N Don Soffer 1 Exercise Trail 1 Turnberry Isle / h Ter 1 Golf Course Golden Beach 1 / 1 Aventura Mall Aventura / I / 1 Lehman CsWy 1 \N.O.'am / 1 � I 1 / z 282�030550010 NE 190th S, — V D / / y D NE 186th St NE 783rd St Greynolds Park / Poi / / nt East Greynolds Park / __ / > Golf Course / -——————— — NE 171st St 1 NE 170th St � 1 I z 7 1 .... z N 1 is m i N Q ' usule Subject Property h 1 �*Lake 1 Municipal Zone - B2 Community Business District D � < II tt s hSt Aventura Municipal Boundary s Dr 12/11/2023 -- _ Catty of Aventur"i 1:30,000 Ii Government Center 0 0.23 0.45 0.9 mi 19200 West Country Club Drive a� Aventura,Florida 33180 0 0.35 0.7 1.4 km EXHIBIT#3 Shopping Center Legal Description PARCEL 1: (FEE) Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153, Page 56, of the Public Records of Miami-Dade County,Florida. LESS AND EXCEPT: Beginning at the S.E.corner of said Tract A,thence along the boundary line of said Tract A for the following described four (4) courses; (1) thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right-of-way Iine of State Road 852;(2)thence North 56 degrees 51 minutes 19 seconds West, along the previously described Iine, for 186.33 feet; (3) thence South 2 degrees 54 minutes 59 seconds East for 75.53 feet; (4) thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet; thence South 2 degrees 51 minutes 49 seconds East,departing the above named boundary Iine of said Tract A for 198.25 feet; thence South 47 degrees, 08 minutes 18 seconds East for 27.93 feet; thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the South line of said Tract A; thence North 87 degrees 34 minutes 58 seconds East, along the previously described line, for 177.09 feet to the Point of Beginning. PARCEL 2: (LEASEHOLD) Leasehold Estate as createdby that certain Business Lease Agreement dated March 1, 1995,by and between Lefkel Realty, as Landlord, and C.D. Ventures Incorporation,as Tenant, as assigned and amended by the Amendment to Business Lease Agreement dated February 15, 1997, as further assigned to in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment dated November 17, 1997, recorded in Official Record Book 17879, page 3589, as further assigned in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment recorded October 13, 2011 in Official Record Book 27857, page 4814, as affected by the Fee Owner Recognitions and Non- Disturbance Agreements recorded October 28, 2011 in Official Record Book 27877, pages 1643 and 1658, all of the Public Records of Miami-Dade County,Florida,demising for a term of years the following described land: Tract D of SOFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Bock 153, Page 56, of the Public Records of Miami-Dade County,Florida. 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WHEREAS, the property at 19205 Biscayne Boulevard, Unit E150, legally described in Exhibit "A" (the "Property"), is zoned B2, Community Business District; and WHEREAS, the applicant, The Fresh Market Inc., through Application No. CUP2312-0001 ("Applicant"), is requesting Conditional Use approval to permit the establishment of a liquor package store at 19205 Biscayne Boulevard, Unit E150, notwithstanding the spacing and distance requirements of Chapter 4, Section 4-2(a) and (b) of the City Code; and WHEREAS, following proper notice, the City Commission held a quasi-judicial public hearing as provided by law to review the application; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Conditional Use to permit the establishment of a liquor package store at 19205 Biscayne Boulevard, Unit E150, legally described in "Exhibit A" to this resolution, is hereby granted subject to the following conditions- 1. This approval shall be granted exclusively to The Fresh Market Liquor Store to be established at the Property. This approval may not be transferred to any other location. 2. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3(a) of the City Code; namely, between the hours of 8:00 a.m. and 10:00 p.m. 3. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales of alcoholic beverages within twelve (12) months of the date of this approval or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that City of Aventura Resolution No. 2024- the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 4. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers. 5. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales of alcoholic beverages upon written notice to the applicant of such a determination, which can only be made after a public hearing in front of the City Commission involving the applicant, in which the Commission determines that the applicant has created and/or is creating a disturbance to the community, and that the applicant's conditional use approval should be terminated. Such public hearing shall not occur until after the following due process is provided to the applicant: (i) the applicant receives written notice from the City Manager that it has created and/or is creating a disturbance to the community; (ii) the applicant is afforded the opportunity to review and discuss all of the complaints or allegations that it has and/or is creating a disturbance to the community with the City Manager; (iii) the applicant is afforded the opportunity to review all evidence or facts used by the City Manager in making such allegations; and (iv) after providing the applicant an opportunity to cure or prevent any alleged defects, violations, or disturbances. 6. Any discontinuation of the sales of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. 7. Tastings are allowed by state law. The sale of alcoholic beverages for on-site consumption is not allowed by this approval, and customers will not be permitted to remove an individual glass of an alcoholic beverage or any open container from the premises. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Page 2 of 3 City of Aventura Resolution No. 2024- Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED AND ADOPTED this 9th day of January, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 EXHIBIT "A" Shopping Center Legal Description PARCEL 1: (FEE) Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153, Page 56, of the Public Records of Miami-Dade County,Florida. LESS AND EXCEPT: Beginning at the S.E.corner of said Tract A,thence along the boundary line of said Tract A for the following described four (4) courses; (1) thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right-of-way Iine of State Road 852;(2)thence North 56 degrees 51 minutes 19 seconds West, along the previously described Iine, for 186.33 feet; (3) thence South 2 degrees 54 minutes 59 seconds East for 75.53 feet; (4) thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet; thence South 2 degrees 51 minutes 49 seconds East,departing the above named boundary Iine of said Tract A for 198.25 feet; thence South 47 degrees, 08 minutes 18 seconds East for 27.93 feet; thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the South line of said Tract A; thence North 87 degrees 34 minutes 58 seconds East, along the previously described line, for 177.09 feet to the Point of Beginning. PARCEL 2: (LEASEHOLD) Leasehold Estate as createdby that certain Business Lease Agreement dated March 1, 1995,by and between Lefkel Realty, as Landlord, and C.D. Ventures Incorporation,as Tenant, as assigned and amended by the Amendment to Business Lease Agreement dated February 15, 1997, as further assigned to in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment dated November 17, 1997, recorded in Official Record Book 17879, page 3589, as further assigned in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment recorded October 13, 2011 in Official Record Book 27857, page 4814, as affected by the Fee Owner Recognitions and Non- Disturbance Agreements recorded October 28, 2011 in Official Record Book 27877, pages 1643 and 1658, all of the Public Records of Miami-Dade County,Florida,demising for a term of years the following described land: Tract D of SOFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Bock 153, Page 56, of the Public Records of Miami-Dade County,Florida. (00821209.12) A-2-1 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: January 5, 2024 SUBJECT: Request for Conditional Use Approval to Permit the Establishment of a Coffee Shop with Drive-Through in the Proposed Starbucks to be Located at 20401 Biscayne Boulevard ("The Promenade Shops") (File No. CUP2312-0004) January 9, 2024 Local Planning Agency Meeting Agenda January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to permit the establishment of a coffee shop with drive-through in the proposed Starbucks to be located at The Promenade Shops pursuant to Section 31-144 (c)(2)p of the City of Aventura Code of Ordinances. THE REQUEST The applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Starbucks Coffee Company (the "Starbucks") is requesting Conditional Use approval pursuant to Section 31-144(c)(2)p of the City Code to permit the establishment of a coffee shop with drive-through to offer a more efficient service to Starbucks customers. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Promventure Limited Partnership % Gumberg Asset Management Corp APPLICANT Starbucks Coffee Company ADDRESS OF PROPERTY 20401 Biscayne Boulevard (The Promenade Shops) Building Address 20495 Biscayne Blvd. Formerly TD Bank (See Exhibit#2 for Location Map). SIZE OF PROPERTY Approximately 28.84 acres LEGAL DESCRIPTION The Promenade Shops Plat Book 133-39 Tracts A B & C less portion lying in SR5 & Lot 28 Block 6 Plat Book 20-49 Zoning — Subject Property B2 — Community Business District Properties to the North TC4 — Town Center Office Park District TC3 — Town Center Neighborhood District Properties to the South CF — Community Facility District RMF3 — Multifamily Medium Density Residential Properties to the East CF — Community Facility District TC3 — Town Center Neighborhood District Properties to the West MO — Medical Office District B1 — Neighborhood Business District Existing Land Use — Subject Property Commercial - Retail Properties to the North Offices — Mixed Uses Properties to the South Multifamily Residential Properties to the East Mixed Uses — Community Facilities Properties to the West Commercial — Retail - Highway Future Land Use — Subject Property Business and Office Properties to the North Town Center Properties to the South Medium-High Density Residential Properties to the East Medium-High Density Residential Town Center Properties to the West Business and Office The Site — The existing site consists of an approximately 28.8-acre commercial plaza known as The Promenade Shops located along Biscayne Boulevard between NE 203 Street and NE 207 Street. The property consists of eight buildings totaling approximately 327,371 square feet of retail space. The offerings range from large retailers such as 2 Marshalls and Win Dixie, to family owned shops and restaurants. In addition, The Promenade Shops hosts children entertainment, education centers, automotive repairs and a gas station. The proposed business will be situated on a portion of The Promenade Shops of approximately 0.60 acres (26,208 square feet) situated on the western side of the plaza facing Biscayne Boulevard (the "subparcel"). The subparcel, previously occupied by TD Bank, is identified with the address 20495 Biscayne Boulevard. The Project—Starbucks proposes to demolish the existing structure previously occupied by TD Bank, and in its place, construct a 2,650 square feet building with covered patio areas and drive-through facilities. The use will require twelve parking spaces and the applicant is accommodating thirteen. A preliminary queuing review was submitted to the Community Development Department to demonstrate that the proposed Starbucks drive- through provides adequate queue length storage to accommodate the queue demand. The applicant has requested conditional use approval pursuant to Section 31-144(c)(2)p to permit a drive-through facility for a restaurant, cafe or coffee house. Furthermore, Application for Site Plan Approval (City File No. SP2312-0002) is on file and currently being reviewed by City staff. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This property is located within a Business and Office land use designation. Community Development Department Analysis -The Promenade Shops are located in the Community Business District. Drive-through facilities are allowed for restaurants, cafes or coffee shops if first approved under Conditional Use. Criteria According to Section 31-73(c) of the City Code, a conditional use approval application is evaluated using the following criteria- 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. Starbucks proposal will activate a dated and underutilized property with a new use which will serve the community. 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service or will be available concurrent with demand as provided forin the requirement of these LDR's. Public facilities and services will continue to operate within the required levels of service once Starbucks is completed. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Starbucks has taken adequate measures to provide ingress and egress to The Promenade Shops in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including proposed wall art. CONDITIONS OF APPROVAL Based on the Analysis above, the application is found to meet the criteria for approval of conditional uses in Section 31-73(c). Staff therefore recommends approval with the conditions contained in this staff report. 1. This approval shall be granted exclusively to Starbucks to be established at The Promenade Shops. This approval may not be transferred to any other location. 2. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department and approved under ASPA application No. SP2312-0002. 4 3. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 5 EXHIBIT#1 BERCOW RADELL FERNANDEZ November 7, 2023 LARKIN TAPANES =nvR VIA ELECTRONIC MAIL r 200 S.Biscayne Boulevard Mr. Keven Klopp Suite 300,Miami,FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent — Starbucks Coffee Company — Site Plan and mmarrero@brzoninglaw.com Conditional Use Approval at the Property Located at 20401 Biscayne Boulevard Aventura, Florida Dear Mr. Klopp: Our law firm represents Starbucks Coffee Company ("Starbucks" or the "Applicant") with regard to a proposed Starbucks location at the Promenade Shops located 20401 Biscayne Boulevard (the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent requesting approval of its Site Plan and a Conditional Use at the Property. Property Description. The Property identified by Miami Dade County Property Appraiser Folio No. 28-1234-065-0010. The Property is approximately 4.285 acres in size and is designated as "Business and Office" in the City's Comprehensive Plan. The Property is within the Community Business ("132") Zoning District. Currently, the Property is developed with a large, commercial shopping center, surface parking, and various standalone commercial buildings throughout the surface parking lot. Proposed Development. Starbucks seeks to open a new location at a space within a commercial building at a corner of the Property. Similar to other Starbucks locations, the Applicant seeks to serve as a resource in the City and seeks to introduce this location into the area with minimal disruption to the neighborhood. To accomplish this, the Applicant desires to develop and operate a drive-thru in connection with its retail space. Mr. Keven Klopp Community Development Director Page 2 The City Code was recently amended to permit a drive-through within the B-2 District, as a conditional use. See Section 33-144(c)(2)(p), City of Aventura Code of Ordinances. A drive- through will allow Starbucks to operate this location and maximize convenience for both vehicular and pedestrian traffic and would prioritize orientation towards direct access to arterial roadways.The nature of this use is in harmony with the intent of the B2 Zoning District. Application Requests.The Applicant recognizes that the approval of this site plan will also require a conditional use to be considered and approved by the City, and looks forward to working with the City on that process while the site plan review is ongoing. The complete summary of requests is as follows: • Approval of Site Plan • Conditional Use Approval to operate a drive-through facility at the Property Conditional Use Request. The Applicant requests a Conditional Use approval to permit a drive-through at the Property.Starbucks is a world-renowned coffee shop and is excited to open its doors and begin to operate in the City. This Property is a prime location where Starbucks will be able to serve both residents and visitors along a busy corridor of the City. This location will be substantially similar to other Starbucks locations and will provide retail and restaurant space. Therefore, Starbucks also seeks approval for a drive-through to most efficiently service all customers. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the type of uses proposed are specifically contemplated in the Community Business B2 Zoning District 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting new use, which will serve the community. 6ercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax 1 mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 4. Utilities,roadway capacity,drainage,and other necessary public facilities, including police,fire and emergency services,shall exist at the City`s adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. S. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is designed to adequately mitigate adverse impacts,visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including proposed wall art. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this request. Should you have any questions, Eercow Radell Fernandez Larkin&Tapanes j 305.377.6238 direct 1305.377.6222 fax I mmarrero@brconinglaw.com Mr. Keven Klopp Community Development Director Page 4 comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Sincerely, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 1305.377.6222 fax mmarrero@brzoninglaw.com EXHIBIT #2 Location Map a � V_ Al A m n Swept Holiday Dr — — — — — —L + J Isles 1 � NE 21 3th St _ 1 1 m � 1 � 1 - , D I 1 Aventura o land Oaks �1 + ' v m Park 1 N Country Club Dr 1 m ' -o � O - 1 0 • t� z . 2812340650010 1 m 1 N , 1 th st 1 / < 1 N Don Soffer / 1 E ' � Turnberry Isle Exercise Trail 1 Golf Course Golden Beach 1 / Aventura Mall Aventura / I , 1 an CSWY 1 am Lehm 1 1 W\\\\ , NE 190th S- / NE 186th St I / / NE 783rd St / a s Park / Point East ID" NE 171st St ' N E 170th St ........ Subject Property NE 169th St -71 Municipal Zone: ' Mlu/e B2 Community Business District �1Lake _ ' ___ al Boundary � Intracoastal Aventura Municipal Y Mall 8 66 12/14/2023 City of 1:30,000 Aventur" 0 0.23 0.45 0.9 mi ` Government Center ems. o 19200 West Country Club Drive 0 0.35 0.7 1.4 km d� Aventura,Florida 33180 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)P OF THE CITY CODE TO PERMIT THE ESTABLISHMENT OF A COFFEE SHOP WITH A DRIVE- THROUGH IN THE PROPOSED STARBUCKS TO BE LOCATED AT 20401 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 20401 Biscayne Boulevard ("Property"), legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Starbucks Coffee Company, through Application No. CUP2312- 0004 ("Application"), is requesting conditional use approval pursuant to Section 31- 144(c)(2)p of the City Code to permit the establishment of a coffee shop with a drive- through in the upcoming Starbucks to be located at 20401 Biscayne Boulevard; and WHEREAS, following proper notice, the City Commission held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for conditional use approval pursuant to Section 31- 144(c)(2)p of the Code to permit the establishment of a coffee shop with a drive-through in the upcoming Starbucks to be located at 20401 Biscayne Boulevard, the Property legally described in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following conditions- 1. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department and approved under ASPA application No. SP2312-0002. 2. Building permits shall be obtained within 12 months of the date of this Resolution, failing which this approval shall be deemed null and void. The City Commission may, by resolution or motion at a regular meeting, grant one extension of up to six months for good cause shown by the applicant and upon written request for such extension by the applicant within the initial 12-month approval period. City of Aventura Resolution No. 2024- Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED AND ADOPTED this 9t" day of January, 2024. Page 2 of 3 City of Aventura Resolution No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION: The Promenade Shops Plat Book 133-39 Tracts A B& C less portion lying in SR5 & Lot 28 Block 6 Plat Book 20-49 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: January 5, 2024 SUBJECT: Biennial Business Tax Increase November 17, 2023 City Commission Workshop Meeting Agenda Item #8 January 9, 2024 City Commission Meeting Agenda (First Reading) February 6, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION The Community Development Department proposes a 5% biennial increase to the City's business tax rates for Fiscal Year 2024-2025. BACKGROUND Pursuant to Section 205.0535(4) of the Florida Statutes, every other year municipalities can, through an ordinance requiring a majority plus one vote from the governing body, enact an increase to local business tax rates not to exceed 5%. The City created its business tax classifications and rate structure through Ordinance 96- 13, passed on August 20, 1996 pursuant to Section 205.0535(1) of Florida Statutes. Chapter 18 of the City Code outlines the City's Business Regulations, including different tax rates based on business type. Each business location and classification at the same address requires a separate business tax receipt (BTR), and these receipts can be transferred in case of ownership changes, relocations, or name alterations. In 2008, the City of Aventura established a Business Tax Equity Study Advisory Board to oversee a comprehensive Equity Tax Study. This study led to the reclassification and revision of business tax rates, resulting in a 10% increase for most business types, accompanied by the elimination of a few categories. These adjustments generated an estimated additional annual revenue of$62,000 from business taxes. Two years ago, via the adoption of Ordinance 2022-03, the City's business tax rates were adjusted for the first time since 2008. At its workshop on November 17, 2023, after reviewing a comparison of business tax rates in surrounding municipalities, the City Commission directed the City Manager, City Attorney, and Community Development Department to bring forth a proposed business tax rate increase of 5% for Fiscal Year 2024-2025. The 5% increase to the rates for FY 2024 would, conservatively, augment the City's FY 2024 BTR revenue by approximately $49,000. The highest BTR revenue contributors in the city are primarily merchants, followed by medical professionals, other professionals, stocks and bonds brokers, insurance companies, restaurants, banks and trusts, hotels, and consultants. On average, the Community Development Department staff processes 393 new BTRs annually. New business applications are carefully reviewed by the Zoning Division and Business Tax Receipt Division to ensure compliance with local, county, and state requirements. Renewal notices for existing businesses are distributed each July for the upcoming fiscal year, with the payment being due before October 1. Note: There are 233 different tax classifications. Scrivener's errors made in the previous adjustment (Ordinance 2022-03) caused inaccurate tax amounts to be listed for five of them. In each case, a digit had been mistakenly added or omitted. The corrected tax amounts, which were used for billing, are listed in the presently proposed ordinance rather than relisting the incorrect amounts from the previous ordinance. This is summarized below for the record. Incorrect Tax Listed Correct Amount New Amount in 2022 2022 2024 Apartment, each unit over 2 $25.04 $4.04 $4.24 Boat taxi operation $23.10 $231.00 $242.55 Commercial garbage collection $393.75 $1,443.75 $1,515.94 Marina $105.00 $1,155.00 $1,212.75 Pool maintenance $11.55 $115.50 $121.28 The Community Development Department recommends the 5% biennial increase in business tax rates as a sound financial decision for the City that will provides consistent financial resources to support continued operational excellence. 2 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING SECTION 18-42 "TAX SCHEDULE" BY PROVIDING AN INCREASE OF FIVE (5%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 3, 2008, the City Commission(the "City") passed and adopted Ordinance No. 2008-11, which established a new rate structure for local business tax receipts by providing an increase of up to ten (10%) percent; and WHEREAS, the City Commission has not increased such rates since 2008; and WHEREAS, the City Commission desires to increase the current rates by five (5%) percent; and WHEREAS, the City Commission finds that the adoption of this Ordinance is in the best interests 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 Section 18-42 "Tax Schedule", of Article II, "In General", of Chapter 18 "Business Regulations, Taxes and Permits" of the City Code of the City of Aventura is hereby amended to read as follows: Chapter 18 — Business Regulations, Taxes and Permits ARTICLE II- Local Business Taxes Section. 18-42 — Tax Schedule. For the purpose of this article, inventory shall mean the average selling value of annual inventory owned by the business, exclusive of excise tax. Local business taxes for the following business, occupation and/or professions are hereby levied and imposed- ' Proposed additions to City Code are indicated by underline; Proposed deletions from City Code are indicated by StFiketh Fey gM S� City of Aventura Ordinance No. 2024- Abstract, land title, title insurance, property closing r;5.50 $121.28 Adult care facility r;5.50 $121.28 Adult congregate living facility l Il $121.28 Advertising--products and services 17 $181.91 Alcoholic beverage business establishment l Il $121.28 Ambulance service l Il $121.28 Amusement center 577.50 $606.38 Amusement center over 100 machines, each machine $ 8-0Q $8.49 Amusement machines, each machine as accessory use 46.20 $48.51 Animal grooming 57.75 $60.64 Animal clinic/hospital $ 86.63 $90.96 Animal exhibition 173.25 $181.91 Animal kennel $ 69-3 $72.77 Answering service r;5.50 $121.28 Antique shop $ 144.38 $151.60 Apartment, each unit over 2 404 $4.24 Auction shop/auctioneer 23 $242.55 Auto driving school r;5.50 $121.28 Auto parking, storage, garage or parking lot l Il $121.28 Auto detailing, car wash or wax l Il $121.28 Auto repair and/or service shop r;5.50 $121.28 Auto paint and body shop r;5.50 $121.28 Auto mechanical repairs l Il $121.28 Auto service station 231.00 $242.55 Auto, truck, trailer, boat renting service, each vehicle 57.75 $60.64 Auto tag agency 57.75 $60.64 Bakery-retail r;5.50 $121.28 Page 2 of 12 City of Aventura Ordinance No. 2024- Bar/lounge $I;5.50 $121.28 Barber, each 34-6 $36.38 Barbershop $ 69-3 $72.77 Bicycles (repairs only) $ 69-3 $72.77 Billiard parlor r;5.50 $121.28 Blueprinting r;5.50 $121.28 Boats for sale/rental $I;5.50 $121.28 Boats--charter and dredge $I; $121.28 Boatbuilder r;5.50 $121.28 Boat taxi operation 231.00 $242.55 Bondsman-professional 173.25 $181.91 Bookkeeper/accounting service l Il $121.28 Bowling alley, each lane 46.20 $48.51 Broker--stocks, bonds 173.25 $181.91 Broker-insurance r;5.50 $121.28 Broker--yacht and ship salespersons l Il $121.28 Broker-others $I;5.50 $121.28 Burglar alarm/monitoring company r;5.50 $121.28 Butcher/butcher shop $ 86.63 $90.96 Carpenter shop $ 86.63 $90.96 Carwash $I;5.50 $121.28 Catering 57.75 $60.64 Carpet and rug cleaning r;5.50 $121.28 Carpet sales/installation r;5.50 $121.28 Check cashing store 231.00 $242.55 Cigars and tobaccos 57.75 $60.64 Claims and collection agency 111 $121.28 Page 3 of 12 City of Aventura Ordinance No. 2024- Clothing: (1) Alterations 511.98 $54.58 (2) Tailor, dressmaking r;5.50 $121.28 Coin dealer 57.75 $60.64 Cold storage warehouse $I;5.50 $121.28 Commercial garbage collection $1;^^�5 $1,515.94 Commercial trash collection $5;975 $545.74 Community-based residential facilities l Il $121.28 Consultants, each 17 $181.91 Contractors: (1) General building $ 259.88 $272.87 (2) Subcontractor, general $1Q;-0 $203.74 (3) Engineering subcontractor $1Q;-0 $203.74 (4) Acoustical the $ 86.63 $90.96 (5) Air conditioning $ 1138.60 $145.53 (6) Awning $ Il0395 $109.15 (7) Carpentry 173.25 $181.91 (8) Electrical 173.25 $181.91 (9) Elevator $ Ilti3.95 $109.15 (10) Floor laying and sanding 173.25 $181.91 (11) Gas fitting, pipe fitting 173.25 $181.91 (12) Jalousie 57.75 $60.64 (13) Mason and plaster contractor 173.25 $181.91 (14) Moving and wrecking houses $ 86.63 $90.96 (15) Ornamental iron, bronze and steel $ 86.63 $90.96 Page 4 of 12 City of Aventura Ordinance No. 2024- (16) Plumbing 173.25 $181.91 (17) Painting $ 1138.60 $145.53 (18) Plastering and cement $ 1168.00 $176.40 (19) Plate glass and glazier $ 86.63 $90.96 (20) Roofing 173.25 $181.91 (21) Sandblasting 173.25 $181.91 (22) Sign $ Ilti3.95 $109.15 (23) Solar water heater $ 86.63 $90.96 (24) Septic tank $ 1138.60 $145.53 (25) Sprinkler system $ 86.63 $90.96 (26) Steel, reinforcing r;5.50 $121.28 (29) Swimming pools $ Il0395 $109.15 (30) Venetian blind $ 69-3 $72.77 (31) Tile, marble and granite 173.25 $181.91 (32) Well drilling $ Ilti3.95 $109.15 (33) Not classified $ Ilti3.95 $109.15 Country club $5;975 $545.74 Cosmetology salon $ 69-3 $72.77 Cosmetologist, each 34-6 $36.38 Credit bureau r;5.50 $121.28 Dancehall 173.25 $181.91 Data processing--service agency $ 144.38 $151.60 Data processing--software development 17 $181.91 Delivery services, per each vehicle 1111.55 $12.13 Dental technician/hygienist 34-6 $36.38 Dramatic or theatrical troupe or company 23 $242.55 Disc jockey (see entertainment) r;5.50 $121.28 Page 5 of 12 City of Aventura Ordinance No. 2024- Dry cleaning plant $ 86.63 $90.96 Electric light and power company 17 $181.91 Employment agency 173.25 $181.91 Engraver, lithographer 111 $121.28 Exterminator r115.50 $121.28 Financial institution--banks and trust companies 404.25 $424.46 Financial institution--building and loan association 404.25 $424.46 Financial institution--money lenders, except banks 404.25 $424.46 Financial institution--mortgage loan company 404.25 $424.46 Financial institution--personal finance company 404.25 $424.46 Fire extinguisher service $ 86.63 $90.96 Fish market $ 86.63 $90.96 Florist r115.50 $121.28 Funeral home $1;5.50 $121.28 Golf course 577.50 $606.38 Golf driving range/miniature golf $2SQ.88 $272.87 Hall for hire 173.25 $181.91 Health club $ 144.38 $151.60 Home health care services 111 $121.28 Hospital 363.83 $382.02 Hotel, lodging house or motel, first room 57.75 $60.64 Hotel, lodging houses or motel, each additional room $ 635 $6.67 Hypnotist $ 1196.35 $206.17 Ice cream shop/parlor $1;5.50 $121.28 Import/export $1;5.50 $121.28 Insurance adjuster $1; $121.28 Insurance agents, each 57.75 $60.64 Page 6 of 12 City of Aventura Ordinance No. 2024- Insurance agency office r115.50 $121.28 Insurance company $1; $121.28 Interior decorator r115.50 $121.28 Janitorial services r115.50 $121.28 Jewelry 17 $181.91 Jewelry broker 346.50 $363.83 Labor union organization 288.75 $303.19 Landscaping service/lawn maintenance 57.75 $60.64 Land development company $1; $121.28 Laundry--self-service $2SQ.88 $272.87 Laundry or dry cleaner $1;5.50 $121.28 Loan agent 173.25 $181.91 Lecturer $2SQ.88 $272.87 Locksmith $ 92.40 $97.02 Machine shop $ 86.63 $90.96 Manicurists, each 34-6 $36.38 Masseur/masseuse 57.75 $60.64 Mail order business 57.75 $60.64 Manufacturing 173.25 $181.91 Marina $ 11,;5500 $1,212.75 Marina, each boat slip $ 86.63 $90.96 Massage salon $1;5.50 $121.28 Medical clinic 231.00 $242.55 Merchants--retail stock less than $1,000.00 $ 69-3 $72.77 Merchants--retail stock over $1,000.00 and less than $5,000.00 80.85 $84.89 Merchants--retail stock over $5,000.00 and less than $10,000.00 173.25 $181.91 Merchants--retail stock over $10,000.00 and less than $20,000.00 $ 207.90 $218.30 Page 7 of 12 City of Aventura Ordinance No. 2024- Merchants--retail stock over $20,000.00 and less than $50,000.00 $ 259.88 $272.87 Merchants--retail stock over $50,000.00 and less than $100,000.00 462.00 $485.10 Merchants--retail stock over $100,000.00, each additional $1,000.00 2.31 $2.43 Merchants--Wholesale: Same as retail. Messenger service $ 69-3 $72.77 Messenger service, each vehicle 2 $24.26 Motion picture theater 462.00 $485.10 Motion picture theater--candy and popcorn concession 46.20 $48.51 Moving company with storage l Il $121.28 Moving company, each vehicle over 2 23 $250.82 Museum $ 259.88 $272.87 Newspaper publishers bureau or agency $ 144.38 $151.60 Newspaper published daily $145.53 Newspapers published weekly, semimonthly or monthly $145.53 Newsstand 57.75 $60.64 Nightclub 346.50 $363.83 Nurse 34..65 $36.38 Nursery--trees/plants 57.75 $60.64 Nursing home r;5.50 $121.28 Parking lot--1 to 25 cars 57.75 $60.64 Parking lot--over 25 cars r;5.50 $121.28 Pet shop $ 86.63 $90.96 Photographer 57.75 $60.64 Photography studio r;5.50 $121.28 Piano tuner 57.75 $60.64 Pool maintenance 111 $121.28 Printing r;5.50 $121.28 Page 8 of 12 City of Aventura Ordinance No. 2024- Private investigative agency $ 144.38 $151.60 Private school $ 202.13 $212.24 Professionals, each individual $ IlQa-35 $206.17 Property management $I;5.50 $121.28 Publisher r;5.50 $121.28 Real estate broker with no agents l Il $121.28 Real estate broker, each agent $I;5.50 $121.28 Real estate salesman 57.75 $60.64 Repair of watches and jewelry r;5.50 $121.28 Repair and service shops l Il $121.28 Restaurant--0 to 30 seats 57.75 $60.64 Restaurant--31 to 74 seats $I;5.50 $121.28 Restaurant--74 to 149 seats 173.25 $181.91 Restaurant--150 or more seats 231.00 $242.55 Restaurant--drive-in l Il $121.28 Research laboratory $I;5.50 $121.28 Rinks--skating, roller 173.25 $181.91 Sales office, no stock 57.75 $60.64 School $ 202.13 $212.24 Security company $ 144.38 $151.60 Shoe repair $ 86.63 $90.96 Shoeshine, each chair 32.34 $33.96 Showroom $I;5.50 $121.28 Snack bar as accessory use $ 69.30 $72.77 Storage warehouse/public storage r;5.50 $121.28 Tanning salon--1 to 5 units r;5.50 $121.28 Tanning salon as accessory use 57.75 $60.64 Page 9 of 12 City of Aventura Ordinance No. 2024- Tanning salon, each additional unit over 5 units Il 11.55 $12.13 Tax preparation service r;5.50 $121.28 Taxicabs, each 57.75 $60.64 Telemarketing sales l Il $121.28 Travel agency $I;5.50 $121.28 Truck/trailer rental or leasing l Il $121.28 Truck/trailer rental or leasing--each vehicle over 3 34 $366.03 Unclassified r;5.50 $121.28 Uniform service (towel, linen, diaper) $ 144.38 $151.60 Upholsterer $I;5.50 $121.28 Valet parking, per location, for hire only r;5.50 $121.28 Vehicle leasing company, each vehicle 57.75 $60.64 Vending machines--business premises $ 86.63 $90.96 Vending machines--one cent, each machine $ $1.22 Vending machines--five cents, each machine $ $6.07 Vending machines--ten cents, each machine $ 8 $9.09 Vending machines--over ten cents, each machine Il $12.13 Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Implementation. That the City Manager is hereby authorized to Page 10 of 12 City of Aventura Ordinance No. 2024- take any action which is necessary to implement this Ordinance. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading and shall be applicable to Local Business Tax Receipts which are issued for the annual local business tax period which commences on October 1, 2024 and thereafter. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg Page 11 of 12 City of Aventura Ordinance No. 2024- PASSED on first reading on this 9t" day of January, 2024. PASSED AND ADOPTED on second reading on this 6t" day of February, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 12 of 12 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 5, 2024 SUBJECT: An Ordinance of the City Commission Amending the Legislative Expense Account for the City Commission January 9, 2024 City Commission Meeting Agenda (First Reading) February 6, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance increasing the legislative expense account for the Mayor and individual Commissioners by $6,000 annually. BACKGROUND Section 2.06 of the City Charter authorizes the City Commission to adjust the reimbursement amount to the Mayor and City Commission members for expenses incurred in the performance of their official duties. With the exception of the cost of living increases automatically applied to the expense account yearly, the reimbursement for legislative expenses has not changed since 2015 (see Ordinance 2015-11). To reflect the enhanced demands and expectations placed on members of the City Commission and to recognize that the reimbursement account has not be amended in eight years, such an increase is necessary in order for the Aventura Mayor and City Commission to perform the essential functions of their job. Fiscal Impact This increase will have a slight impact on the City budget, as the cost to cover these additional expenses will increase by $6,000 per year to $17,825.47 for each of the City's elected officials. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE LEGISLATIVE EXPENSE AMOUNT FOR THE MAYOR AND INDIVIDUAL COMMISSIONERS AS PROVIDED FOR IN SECTION 2.06 OF THE CITY OF AVENTURA CHARTER; APPROVING A $500 MONTHLY INCREASE TO THE LEGISLATIVE EXPENSE ACCOUNT FOR EACH CITY COMMISSION MEMBER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is authorized to review and adjust legislative expenses under Section 2.06 of the City of Aventura Charter; and WHEREAS, the last increase to the legislative expense account occurred in 2015 when the City Commission enacted Ordinance 2015-11; and WHEREAS, other than the annual cost of living increase applied to the legislative expense account, the amount has remained constant for eight years, yet the demands and commitments placed on the City's elected officials have grown considerably over this timeframe; and WHEREAS, an adjustment to the legislative expense account for the members of the City Commission is warranted and in the best interest of the City, enabling the City's elected officials to meet the obligations entrusted to them. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The Legislative Expense amount contained in the City's 2023-2024 fiscal year budget for the Mayor and individual City Commissioners, as provided for in Section 2.06 of the City of Aventura Charter, is hereby increased by $6,000 per year, and may be further adjusted in subsequent annual City budgets. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2024- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading, and shall be applied from and after November 17, 2023. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED on first reading this 9t" day of January, 2024. PASSED AND ADOPTED on second reading this 6t" day of February, 2024. Page 2 of 3 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 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 y y DATE: January 5, 2024 SUBJECT: An Ordinance of the City Commission Amending the City Code to Remove All References to "Newspapers Of General Circulation" Consistent with Chapter 50 of the Florida Statutes Which Permits Website Publication of Legal Notices January 9, 2024 City Commission Meeting Agenda (First Reading) January 18, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance amending portions of City Code Chapters 2, 22, and 31 by deleting all references to newspapers of general circulation to enable all legal notices to be published in all permitted sources (including website publication) under Chapter 50 of the Florida Statutes. BACKGROUND Chapter 50 of the Florida Statutes was amended to allow municipalities to publish their legal notices and advertisements on a County-created publicly-accessible website in part to reduce the high costs associated with publishing legal notices in newspapers of general circulation. Once Miami-Dade County establishes a website for such purposes, the City of Aventura will utilize this website to publish its legal notices. However, there are a few sections in the City Code that specifically mandate publication of notices in newspapers of general circulation. By amending the Code to remove the newspaper reference from the Code, the City will be allowed to publish all of its legal notice on this website while adhering to the notice publication requirements set forth in Chapter 50 of the Florida Statutes. Fiscal Impact The City will experience a reduction in the cost of publishing its notices and advertisements once Miami-Dade County finalizes the website and the City enters into an agreement with RealAuction — the company that will publish such notices through the County website. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 2-339 "CONTENTS AND SERVICE OF WARNING" AND SECTION 2-340 "CONTENTS AND SERVICE OF NOTICE" IN ARTICLE V "CODE ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION"; AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP," AND SECTION 31-241 "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL REFERENCES TO NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 50, Florida Statutes, has been amended to provide for internet website publication of legal notices; and WHEREAS, as a more cost-effective option, the City of Aventura ("City") desires to publish its official notices through the internet in accordance with Section 50.0211, Florida Statutes; and WHEREAS, Chapters 2, 22 and 31 of the City's Code of Ordinances ("Code") includes language that limits the City's options to publish its legal notices to only be published in a "newspaper of general circulation"; and WHEREAS, the City desires to amend its Code to delete all limitations to publish its legal notices in a newspaper of general circulation and to expand its options for publication to include all permitted sources under Chapter 50; and WHEREAS, the City Commission finds it is in the best interest of the City to amend its ordinance to expand the options for publication that are authorized pursuant to Chapter 50. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFik g r City of Aventura Ordinance No. 2024- Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Chapter 2 Amended. That Chapter 2, Article V, Section 2-339, "Contents and service of warning" and Section 2-340, "Contents and service of notice" of the Code are hereby revised to read as follows: CHAPTER 2 —ADMINISTRATION Article V. — CODE ENFORCEMENT Section 2-339. - Contents and service of warning. (c) In addition to serving the warning as set forth above, at the option and discretion of the City Manager, the warning may also be served by publication or posting as follows- (1) a. The warning shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general &GUlation ;n Miarni Dade County, as cnonifior! ;n accordance with F.S. ch. 50. Section 2-340. - Contents and service of notice. (c) In addition to providing service of the notice as set forth above, at the option and discretion of the City Manager, the Notice may also be served by publication or posting as follows- (1) a. The notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general &GUlation ;n Miarni Dade County, as cnonifior! ;n accordance with F.S. ch. 50. Page 2 of 6 City of Aventura Ordinance No. 2024- Section 3. City Code Chapter 22 Amended. That Chapter 22, Section 22-54, "Rates" of the Code is hereby revised to read as follows- (c) Subject to the City's regulation of rates as permitted under applicable Federal and State law, should a franchisee desire to change any rate or charge, it shall submit a written proposal for the amounts and effective date of such change to the City Manager who shall evaluate the proposal in a manner consistent with FCC cable television rate regulation standards or other applicable law in effect at the time and report this evaluation to the City Commission. The City Manager's report shall be placed before the City Commission at a duly noticed public hearing. The City will provide written notice of the public hearing to the franchisee no later than five days prior to the public hearing. The City may require the franchisee to notify each subscriber, by placing an announcement of not less than one quarter page in a newspaper of general &GUlation accordance with F.S. ch. 50 and/or via the cable system, of the proposed rate change and the date and time of the public hearing, with such notice commencing no later than 48 hours prior to time of the public hearing. *** Section 4. City Code Chapter 31 Amended. That Chapter 31, Section 31-71, "Procedures of general applicability"; Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map"; and Section 31-241, "Wireless telecommunications towers and antennas" are hereby revised to read as follows: Article V. — DEVELOPMENT REVIEW PROCEDURES Section 31-71. - Procedures of general applicability. *** (e) Public hearing and notices procedures. *** Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in a—newspape� of general in the Git accordance with F.S. ch. 50 not less than ten days prior to the public hearing. *** Section 31-77. -Amendments to the Land Development Regulations and Official Zoning Map. *** (h) Zoning in progress, applicability, temporary hold on permits and licenses. *** (3) Future amendments to LDR.*** The hold shall commence upon the date that notice of zoning in progress is published in a newspaper of general ^;FGU!at,,,n ;n the Page 3 of 6 City of Aventura Ordinance No. 2024- Gity accordance with F.S. ch. 50 and shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the City Commission or for a period of three months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations. *** Article XI. — DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY Section 31-241. -Wireless telecommunications towers and antennas. *** (d) General requirements/minimum standards. *** (20) Public notice. For purposes of this section and notwithstanding any other requirements with regard to public notice in the city's Code, any request for a conditional use on private property shall require a public hearing that shall be advertised at least seven days before the public hearing in of general nirnUlo+inn and readership in the muninipality accordance with F.S. Ch. 50.*** Section 5. 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 6. 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 re-numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Page 4 of 6 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED on first reading this 9t" day of January, 2024. PASSED AND ADOPTED on second reading on this 18t" day of January, 2024. Page 5 of 6 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 6 of 6 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: November 3, 2023 SUBJECT: Budget Amendment Ordinance — FY 2022/23 November 7, 2023 City Commission Meeting Agenda (First Reading) January 9, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2022/23 budget. BACKGROUND This year-end budget amendment is addressing "Other Items" that were not considered in the originally adopted FY 2022/23 Budget that need to be done through a corresponding budget amendment that will provide the necessary funding or have resulted from increases in amounts billed that are higher than estimated when the original budget was completed. Some of these items may have been previously discussed with the Commission but now require formal action. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent FY 2022/23 Budget Amendments Schedule ("Exhibit A"). General Fund — (001) — ($2,258,659 net increase) City Commission (0101) — ($34,000 increase) 5290—Other Operating Supplies requires a $19,000 budget amendment due to items that were not included in the originally adopted budget such as City apparel (hats, shirts, blazers, ties, etc.) as well as photography, frames and nameplates. 1 5420 — Conferences & Seminars requires a $15,000 budget amendment due to travel expenditures that were not in the originally adopted budget, such as Dade Days in Tallahassee and the U.S. Conference of Mayors. Additionally, approximately $8,600 for co-hosting the Miami-Dade County League of Cities (MDCLC) September meeting is included in the amendment. Office of the City Manager (0501) ($16,700 increase) 3150 — Professional Services Consulting requires a $6,200 budget amendment due to the professionals who spoke at the September 2023 City Commission Workshop on the effects of artificial turf on health. 5290 — Other Operating Supplies requires a $10,500 budget amendment due primarily to a farewell luncheon for the former mayor, employee awards for those who have resigned/retired from the City, and volunteer shirts, as well as the Finance Department Triple Crown recognition awards which were not included in the ordinally adopted budget. Also included in this amount is approximately $4,200 for Don Soffer Grad Shirts. Legal (0601) ($35,000 increase) 3120 — Professional Services - Legal requires a $35,000 budget amendment as more was expended during the year than anticipated in the originally adopted budget. Finance (1001) ($9,500 increase) 5420 — Conferences & Seminars requires a $3,000 budget amendment due to additional classes taken by a staff member to obtain the American Payroll Association (APA) certification which was not in the originally adopted budget. 5441 — Computer Subscriptions requires a $6,500 budget amendment due to a new software subscription purchased to assist in compliance with the recently released GASB 96 pronouncement. Community Services (5001) — ($968,500 increase) 3113 — Professional Services — Community Center Instructors requires a $425,000 budget amendment as the costs increased due to higher enrollment than expected in the originally adopted budgeted. 4850 — Special Events requires a $43,500 budget amendment due to the Drone Shows held on April 22, 2023 and July 4, 2023 totaling $9,000 and $34,500, respectively, that were not included in the originally adopted budget. 2 4851 — Cultural/Recreation Programs requires a $325,000 budget amendment as the costs increased due to higher enrollment than expected in the originally adopted budgeted. 4854 — Summer Recreation requires a $175,000 budget amendment as the costs increased due to higher enrollment than expected in the originally adopted budgeted. Revenues from the following line items will account for the above expenditures: • Parks & Recreation Fees (3472000) - $300,000 • Community Center Fees (3472500) - $450,000 • Summer Recreation (3475000) - $218,500 Public Works/Transportation (5401) — ($195,000 increase) 1201 — Employee Salaries requires a $75,000 budget amendment due to the payout of accrued time for the Public Works Director and Capital Projects Manager who resigned in FY 2022/23. Their departure was not anticipated in the originally adopted budget. 3410 — Other Contractual Services — Janitorial requires a $75,000 budget amendment. $50,000 of this amendment is a "housekeeping" item moving costs in from line 4631 R&M — Janitorial Services (below) to comply with the Florida State Chart of Accounts. The remaining amount of $25,000, is due to higher costs than anticipated in the originally adopted budget. 4320 — Utilities — Water requires a $40,000 budget amendment as expenditures were higher than expected in the originally adopted budget. 4420— Leased Equipment requires a $55,000 budget amendment due to the lease, rental and license agreements with the FEC railroad which were not included in the originally adopted budget. 4631 — R&M — Janitorial Services requires a ($50,000) budget amendment as a "housekeeping" item moving the amount out and into line item 3410 Other Contractual Services - Janitorial above per the Florida State Chart of Accounts. Arts & Cultural Center (7001) — ($400,000 increase) 3114 — Prof. Services — Man Serv/Staffing requires a budget amendment of$100,000 as this line item is over budget due to higher than anticipated costs from the Broward Center for the Performing Arts, which includes overtime for staff, a salary increase for the marketing personnel and the conversion of a part-time position to full-time beginning January 2023. 3 3190 — Prof. Services — Programming requires a $300,000 budget amendment as the amount of programming costs increased more than anticipated as the City began recording the payments as gross instead of netting with revenues. Additionally, the costs of events for Don Soffer Aventura High School (DSAHS) held at the AACC is included here, i.e. drama shows, sports awards. Revenues from the following line items will account for the above expenditures: • AACC Fess and Rentals (3476001) - $379,000 • Half-Cent Sales Tax (3351800) - $21,000 Capital (80xx) — ($348,484 increase) Office of the City Manager (8005-512-6410) ($30,000 increase) requires a budget amendment of $30,000, approximately $28,000 for the estimated cost of equipment and installation for phase one (1) and two (2) required to set up the City's PEG Channel as requested by the City Commission. Additionally, $2,000 for the purchase of new office furniture for additional staff is included in this line item, all of which was not included in the originally adopted budget. Legal (8006-514-6402) — ($1,150 increase) requires a budget amendment of $1,150 for the purchase of a tablet that was not in the originally adopted budget. Finance (8010-513-6411) — ($4,200 increase) requires a budget amendment for the purchase of office furniture which was not in the originally adopted budget. Human Resources (8011-513-6410) — ($7,609 increase) requires a budget amendment for the purchase of fitness equipment for the City gym. Police (8020-521-xx) - ($333,701 increase): • 6410 — Equipment >$5,000 requires a budget amendment for $35,000 for the outfitting of 6 leased vehicles that was not included in the originally adopted budget. • 6450 - Vehicles requires a budget amendment of$298,701 to properly account for the Police Department's Leases as required by the GASB 87 Pronouncement for Leases that was not included in the originally adopted budget. Community Services (8050-572-6205) — ($385,000 increase) requires a budget amendment for approximately $375,000 for the Community Recreation Center (CRC) complete roof renovation and the remaining amount is for the installation of fire rated doors which were not in the originally adopted budget. 4 Public Works (8054-541-6450) — ($49,783 increase) requires a budget amendment of $49,783 to account for the Public Works/Transportation Director's vehicle lease as required by the GASB 87 Pronouncement for Leases that was not included in the originally adopted budget. Arts & Cultural Center (8070-575-6410) — ($1,500 increase) requires a budget amendment of $1,500 for the purchase of an icemaker which was not in the originally adopted budget. Capital Reserve - (8090-590-6999) - ($464,459 decrease) requires a budget amendment of$464,459 to cover a portion of the expenditure increases mentioned above. The remaining expenditure amounts will be covered by revenues from the following line item: • Proceeds from Notes revenue (3851002) - $348,484 Non-Departmental - Transfers (9001-581) — (increase $5,000) 9127 — Transfer to Charter High School Construction requires a $5,000 budget amendment due to increased costs of the project being more than originally anticipated. Non-Departmental (9001-590) — (increase $246,475) 3157—Professional Services/Other requires a$15,000 budget amendment for Don Soffer Aventura High School (DSAHS) site assessment invoices that were not included in the originally adopted budget. 3160 — Security requires a $30,000 budget amendment to account for the increase in security costs that were not anticipated in the originally adopted budget. 3410 — Prof. Services - Janitorial requires a $25,000 budget amendment to account for the increase in expenses that was not in the originally adopted budget. 4301 — Utilities requires a $80,000 budget amendment due to higher costs of electricity that was not included in the originally adopted budget. 4320 — Water requires a $40,000 budget amendment due to higher costs of water that was not included in the originally adopted budget. 4501 — Insurance requires a $85,000 budget amendment due to higher costs of insurance that was more than anticipated in the originally adopted budget. 5 5410 — Subscriptions/Memberships requires a budget amendment for $21,475 for the GoGov App and OpenGov subscriptions which was not included in the originally adopted budget. 5901 — Contingency requires a ($50,000) budget amendment to cover the costs of the GoGov App and OpenGov subscriptions as outlined above in 5410 Subscriptions/Memberships and will cover additional overages in this department. Revenues — ($2,258,659 increase) — The expenditures in the General Fund, not accounted for with specific revenues as mentioned above, will be offset by additional revenues in the General Fund as taken from the actual amounts the City has received and anticipates to receive. Total revenues covering expenditures include the below: • Half Cent Sales Tax (3351800) - $238,434 • Parks & Recreation Fees (3472000) - $300,000 • Community Center Fees (3472500) - $450,000 • Summer Recreation (3475000) - $218,500 • AACC Fees and Rentals (3476001) - $379,000 • Transfer from Building Fund - $324,241 * • Proceeds from Note (3851002) - $348,484 *The City engaged Maximus, a consulting company to conduct an allocation study during FY 2022/23 which resulted in a more precise amount that the Building Fund needs to transfer into the General Fund for services rendered and expenditures paid. American Rescue Plan Act (ARPA) Fund — (101) — ($4,112,000 net decrease) The total project costs for the American Rescue Plan Act (ARPA) Fund were entered into the FY 2022/23 Budget. The FY 2022/23 Budget is being amended to reflect the amounts actually spent during the fiscal year as reflected below by department: • Expenditures o Human Resources ($172,000 decrease) o Information Technology ($2,310,000 decrease) o Police Department ($250,000 decrease) o Community Development ($5,000 decrease) o Community Services ($705,000 increase) — more was spent than anticipated in the originally adopted budget specifically on projects: ■ #5001-01 — Artificial Turf/Field Enhancement — Founders & Waterways ■ #5001-02 - Founders Park Lighting, Tennis and Pickleball Courts ■ #5001-04 - Yacht Club Drive Pocket Park o Public Works ($2,035,000 decrease) o Non-Departmental ($45,000 decrease) 6 • Revenues o American Rescue Plan Act (3311001) ($4,112,000 decrease) Transportation and Street Maintenance Fund — (120) — ($415,594 net increase) 3455 — Enhanced Transit Services requires a budget amendment of $50,000 as more was spent on the Shuttle than anticipated in the originally adopted budget. 3456 — On-Demand Transit Services requires a $40,000 budget amendment for the additional two (2) Teslas that were in service for the majority of the year which were not included in the originally adopted budget. 6305 — Road Resurfacing requires a $323,094 budget amendment due to the repaving of roads in conjunction with an ARPA project that did not qualify for use of ARPA funds in the previous year and had to be reclassified. 6341 — Transportation System Improvements requires a $2,500 budget amendment due to the overage in the solar crosswalks project. Additionally, $1,500 was for two (2) Hidden Bay Illuminated Streets Signs which were not included in the originally adopted budget. These overages will be offset by the following revenues: • County Transit System Surtax (3383801) - $90,000 • Carryover (3999000) - $325,594 Building Fund (164) — ($1,524,241 net increase) 3101 — Building Inspection Services requires a $1,200,000 budget amendment due to a higher than anticipated building activity experienced during the year. 9101 — Transfer to General Fund requires a $324,241 budget amendment due to the Maximus cost allocation study that the City engaged in during FY 2022/23 as stated above under the General Fund Revenue section. This overage will be offset by the following revenue(s): • Building Permits (3221000) - $1,524,241 Charter High School Construction Fund (394) — ($5,000 net increase) 6208 — Buildings / High School Construction requires a $5,000 budget amendment due to the additional costs of the kitchen pass through project and DSAHS gym/weight room 7 construction. Additionally, NPDES invoices for soil testing that were not included in the originally amended budget are included in this line item. This overage will be offset by the following revenue(s): • Transfer In — General Fund (3811001) - $5,000 Stormwater Fund (410) — ($0 net change) 6309 — Seawall Improvements requires a $145,349 budget amendment due to ARPA Project #5401-03 - Seawall replacement/repair, moving into the Stormwater Fund as it does not meet the requirements to be funded from ARPA. This overage will be offset by the following revenue(s): • Capital Reserve (6999) — ($145,349) Law Enforcement Trust Fund (610) — ($10,300 net increase) This fund needs to be amended to be budgeted based on Florida State Statute 166.241(2). The below accounts will be amended as follows: • Expenditures: o Other Operating Expenses (5290) - $10,300 • Revenue o Strike Force (3351200) - $3,135 o Interest (3611000) - $5,210 o Carryover (3999000) - $1,955 Federal Forfeiture Fund - Justice (615) — ($29,500 net increase) This fund needs to be amended to be budgeted based on Florida State Statute 166.241(2). The below accounts will be amended as follows: • Expenditure: o Equipment>5000 (6410) - $29,500 • Revenue: o Interest (3611000) - $10,490 o Carryover (3999000) - $19,010 8 Federal Forfeiture Fund — Treasury (616) — ($27,600 net increase) This fund needs to be amended to be budgeted based on Florida State Statute 166.241(2). The below accounts will be amended as follows: • Expenditures: o Other Operating Expenses (5290) - $100 o Training (5450) - $12,000 o Computer Equipment>5000 (6401) - $15,500 • Revenue: o Interest (3611000) - $7,990 o Carryover (3999000) - $19,610 I recommend approval of the attached Ordinance. 9 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2022/2023 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. That the City Commission hereby authorizes the amendment of Ordinance No. 2022-20, which Ordinance adopted a budget for the 2022/2023 fiscal year, by revising the 2022/2023 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2024- Section 4. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2022. The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss 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 Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2024- PASSED on first reading this 7t" day of November, 2023. PASSED AND ADOPTED on second reading this 9t" day of January, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 City of Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Budget Budget Amended Budget Object Code Category FY2022/23 Amendment FY2022/23 General Fund -00 Revenues 3351800 Half Cent Sales Tax $ 3,137,373 $ 238,434 $ 3,375,807 3472000 Parks& Recreation Fees 500,000 300,000 800,000 3472500 Community Center Fees 300,000 450,000 750,000 3475000 Summer Recreation 330,000 218,500 548,500 3476001 AACC Fees and Rentals 100,000 379,000 479,000 3811014 Transfer from Building Fund 205,759 324,241 530,000 3851002 Proceeds from Note - 348,484 348,484 Total General Fund Revenues $ 4,573,132 $ 2,258,659 $ 6,831,791 General Fund - ii Expenditures City Commission (0101) 5290 Other Operating Supplies $ 3,500 $ 19,000 $ 22,500 5420 Conferences &Seminars 9,950 15,000 24,950 Total City Commission $ 13,450 $ 34,000 $ 47,450 Office of the City Manager(0501) 3150 Professional Services-Consulting $ - $ 6,200 $ 6,200 5290 Other Operating Supplies - 10,500 10,500 Total Office of the City Manager $ - $ 16,700 $ 16,700 Legal (0601) 3120 Professional Services- Legal $ 375,000 $ 35,000 410,000 Total Legal $ 375,000 $ 35,000 $ 410,000 Finance (1001) 5420 Conferences &Seminars $ 2,500 $ 3,000 5,500 5441 Computer Subscriptions - 6,500 6,500 Total Finance $ 2,500 $ 9,500 $ 12,000 Community Services(5001) 3113 Prof. Services-Comm. Cen. Inst. $ 225,000 $ 425,000 $ 650,000 4850 Special Events 145,000 43,500 188,500 4851 Cultural/Recreation Programs 485,000 325,000 810,000 4854 Summer Recreation 350,000 175,000 525,000 Total Community Services $ 1,205,000 $ 968,500 $ 2,173,500 Public Works/Transportation (5401) 1201 Employee Salaries $ 802,308 $ 75,000 $ 877,308 3410 Other Contractual Services-Janitorial - 75,000 75,000 4320 Utilities-Water 600,000 40,000 640,000 4420 Leased Equipment - 55,000 55,000 4631 R&M-Janitorial Services 50,000 (50,000) - Total Public Works/Transportation $ 1,452,308 $ 195,000 $ 1,647,308 Arts&Cultural Center(7001) 3114 Prof. Services- Man Serv/Staffing $ 389,260 $ 100,000 $ 489,260 3190 Prof. Services- Programming 130,000 300,000 430,000 Total Arts&Cultural Center $ 519,260 $ 400,000 $ 919,260 City of Aventura Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Budget Budget Amended Budget Object Code Category FY2022/23 Amendment FY2022/23 Capital Outlay Office of the City Manager(8005-512) 6410 Equipment - 30,000 30,000 Legal (8006-514) 6402 Computer Equipment<$5,000 - 1,150 1,150 Finance (8010-513) 6411 Machinery & Equipment<$5,000 - 4,200 4,200 Human Resources (8011-513) 6410 Equipment - 7,609 7,609 Police(8020-521) 6410 Equipment>$5,000 274,000 35,000 309,000 6450 Vehicles 420,597 298,701 719,298 Community Services(8050-572) 6205 Community Center Improvements 35,000 385,000 420,000 Public Works (8054-541) 6450 Vehicles - 49,783 49,783 Arts&Cultural Center(8070-575) 6410 Equipment>$5,000 18,000 1,500 19,500 Non-Departmental (8090-590) 6999 Capital Reserve 12,985,827 (464,459) 12,521,368 Total Capital Outlay $ 13,733,424 $ 348,484 $ 14,081,908 Non-Departmental -Transfers(9001-581) 9127 Transfer to Charter High School Constr $ 56,477 $ 5,000 $ 61,477 Total Non-Departmental -Transfers $ 56,477 $ 5,000 $ 61,477 Non-Departmental (9001-590) 3157 Professional Services-Other $ - $ 15,000 $ 15,000 3160 Security 60,000 30,000 90,000 3410 Prof. Services-Janitorial 75,000 25,000 100,000 4301 Utilities 200,000 80,000 280,000 4320 Water 32,000 40,000 72,000 4501 Insurance 868,125 85,000 953,125 5410 Subscriptions/Memberships - 21,475 21,475 5901 Contingency 50,000 (50,000) - Total Non-Departmental $ 1,285,125 $ 246,475 $ 1,531,600 Total General Fund Expenditures $ 18,642,544 $ 2,258,659 $ 20,901,203 American Rescue Plan Act(ARPA) Fund(101) Revenues 3311001 American Rescue Plan $ 16,768,742 $ (4,112,000) $ 12,656,742 Total American Rescue Plan Act(ARPA) Fund Revenues $ 16,768,742 $ (4,112,000) $ 12,656,742 City of Aventura Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Budget Budget Amended Budget Object Code Category FY2022/23 Amendment FY2022/23 Personal Services (Premium Pay/Public Health -8001-811) 1201 Incentive Pay $ 793,767 $ (155,000) 638,767 Subtotal $ 793,767 $ (155,000) $ 638,767 Capital Outlay(Revenue Replacement-8001-861) 6401 Software $ 35,945 $ (17,000) 18,945 - Subtotal $ 35,945 $ (17,000) $ 18,945 Total Human Resources $ 829,712 $ (172,000) $ 657,712 TechnologyInformation Capital Outlay(Revenue Replacement 8008-8050-861) 6401 Software $ 50,000 $ (50,000) - 6401 Software 1,250,000 (1,250,000) - 6402 Equipment 700,000 (350,000) 350,000 6403 Consultant 500,000 (250,000) 250,000 6404 Connectivity 50,000 (5,000) 45,000 6402 Equipment 25,000 (25,000) - 6401 Software 50,000 (50,000) 6402 Equipment 200,000 (200,000) - 6404 Connectivity 175,000 (130,000) 45,000 Subtotal $ 3,000,000 $ (2,310,000) $ 690,000 Total Information Technolog 3,000,000 $ (2,310,000) $ 690,000 DepartmentPolice Capital Outlay(Public Health -8020-811/818) 6402 Equipment $ 155,000 $ (150,000) 5,000 6402 Equipment 1,241,497 (100,000) 1,141,497 - Subtotal $ 1,396,497 $ (250,000) $ 1,146,497 Total Police Department $ 1,396,497 $ (250,000) $ 1,146,497 DevelopmentCommunity Capital Outlay(Revenue Replacement-8040-861) 6301 Equipment $ 30,000 $ (5,000) 25,000 - Subtotal $ 30,000 $ (5,000) $ 25,000 Total Community Development $ 30,000 $ (5,000) $ 25,000 Community Services Other Charges/Svcs (Public Health -8050-811) 4855 Vaccinations $ 50,000 $ (50,000) - Subtotal 50,000 $ (50,000) $ - Capital Outlay(Revenue Replacement-8050-861) 6202 Renovations $ 60,000 $ (60,000) - 6302 Turf 4,493,118 225,000 4,718,118 6307 Lighting &Courts 1,750,000 675,000 2,425,000 City of Aventura Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Budget Budget Amended Budget Object Code Category FY2022/23 Amendment FY2022/23 6401 Software 60,000 (20,000) 40,000 6402 Equipment 625,000 235,000 860,000 6405 Park Improvements 495,343 (300,000) 195,343 Subtotal $ 7,483,461 $ 755,000 $ 8,238,461 �otal Community Services $ 7,533,461 $ 705,000 $ 8,238,461 Public Works Capital Outlay(Infrastructure -8054-851) 6309 Drainage $ 3,545,088 $ (2,000,000) 1,545,088 _ Subtotal $ 3,545,088 $ (2,000,000) $ 1,545,088 Capital Outlay(Public Health -8054-818) 6408 Radios $ 50,000 $ (35,000) 15,000 _ Subtotal $ 50,000 $ (35,000) $ 15,000 _ Total Public Works $ 3,595,088 $ (2,035,000) $ 1,560,088 Non-Departmental Contractual Services (9001-590) 3410 Janitorial $ 58,000 $ (45,000) 13,000 _ Subtotal $ 58,000 $ (45,000) $ 13,000 Total Non-Departmental $ 58,000 $ (45,000) $ 13,000 Total American Rescue Plan Act(ARPA) Fund Expenditures $ 16,442,758 $ (4,112,000) $ 12,330,758 Transportationi Revenues 3383801 County Transit System Surtax $ 1,600,000 $ 90,000 $ 1,690,000 3999000 Carryover 401,500 325,594 727,094 Total Transportation and Street Maintenance Fund $ 2,001,500 $ 415,594 $ 2,417,094 Transportationi Works/TransportationPublic Expenditures 3455 Enhanced Transit Services $ 550,000 $ 50,000 $ 600,000 3456 On-Demand Transit Services 1,080,000 40,000 1,120,000 6305 Road Resurfacing - 323,094 323,094 6341 Transporation System Improv. 130,000 2,500 132,500 Total Transportation and Street Maintenance Fund $ 1,760,000 $ 415,594 $ 2,175,594 Building Fund-164 Revenues 3221000 Building Permits $ 3,200,000 $ 1,524,241 $ 4,724,241 Total Building Fund Revenues $ 3,200,000 $ 1,524,241 $ 4,724,241 City of Aventura Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Budget Budget Amended Budget Object Code Category FY2022/23 Amendment FY2022/23 Building Fund-164 Community Development(4001-524) Expenditures 3101 Building Inspection Services $ 2,650,000 $ 1,200,000 $ 3,850,000 9101 Transfer to General Fund 205,759 324,241 530,000 Total Building Fund Expenditures $ 2,855,759 $ 1,524,241 $ 4,380,000 SchoolCharter High Revenues 3811001 Transfer In -General Fund $ 56,477 $ 5,000 $ 61,477 Total Charter High School Construction Fund Revenues $ 56,477 $ 5,000 $ 61,477 SchoolCharter High SchoolHigh .i i Expenditures 6208 Buildings/High School Construction $ 75,000 $ 5,000 $ 80,000 Total Charter High School Construction Fund Expenditures $ 75,000 $ 5,000 $ 80,000 Works/TransportationPublic i Expenses 63-09 Seawall Improvements $ - $ 145,349 $ 145,349 69-99 Capital Reserve 226,500 (145,349) 81,151 Total Stormwater Fund Expenses $ 226,500 $ - $ 226,500 Law Enforcement Trust Fund (610) Revenues 3351200 Strike Force $ - $ 3,135 $ 3,135 3611000 Interest - 5,210 5,210 3999000 Carryover - 1,955 1,955 Total Law Enforcement Trust Fund Revenues $ - $ 10,300 $ 10,300 Law Enforcement Trust Fund (610) Police(2001-521) Expenditures 5290 Other Operating Expenses $ - $ 10,300 $ 10,300 Total Law Enforcement Trust Fund Expenditures $ - $ 10,300 $ 10,300 Federal Forfeiture Fund -Justice (615) Revenues 3611000 Interest $ - $ 10,490 $ 10,490 City of Aventura Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Budget Budget Amended Budget Object Code Category FY2022/23 Amendment FY2022/23 3999000 Carryover - 19,010 19,010 Total Federal Forfeiture Fund -Justice Revenues $ - $ 29,500 $ 29,500 Federal Forfeiture Fund -Justice(615) Police(2001-521) Expenditures 6410 Equipment>5000 $ - $ 29,500 $ 29,500 Total Federal Forfeiture Fund -Justice Expenditures $ - $ 29,500 $ 29,500 Federal Forfeiture Fund -Treasury(616) Revenues 3611000 Interest $ - $ 7,990 $ 7,990 3999000 Carryover - 19,610 19,610 Total Federal Forfeiture Fund -Treasury Revenues $ - $ 27,600 $ 27,600 Federal Forfeiture Fund -Treasury(616) Police(2001-521) Expenditures 5290 Other Operating Expenses $ - $ 100 $ 100 5450 Training - 12,000 12,000 6401 Computer Equipment>5000 - 15,500 15,500 Total Federal Forfeiture Fund -Treasury Expenditures $ - $ 27,600 $ 27,600 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (92- DATE- November 3, 2023 SUBJECT: Approval Request for Proposed Ordinance Amendment SECURE 2.0 Act Compliance November 7, 2023 City Commission Meeting Agenda (First Reading) January 9, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION I am requesting approval to amend Chapter 36 of the City's Code regarding the City of Aventura Police Officers' Retirement Plan. Attached to this memorandum is a proposed ordinance amendment and a statement of no impact, both of which are essential for ensuring compliance with the SECURE 2.0 Act. BACKGROUND President Biden signed the Secure 2.0 Act of 2022 (the "Act") into law on December 29, 2022, as part of the Consolidated Appropriations Act of 2023. This Act introduces significant changes to the Internal Revenue Code, specifically affecting qualified plans, including our municipal plan. To ensure our compliance with this critical federal legislation, the Board of Trustees of the City of Aventura Police Officers' Retirement Plan has prepared a proposed ordinance amendment. This amendment aligns our plan with the SECURE 2.0 Act's requirements and will enable us to meet the specified deadline for amendments. Additionally, you will find attached the statement of no impact, which has been prepared by the Plan's actuary. This statement confirms that the proposed amendment will not have an adverse financial impact on the Plan or its beneficiaries. If you have any questions, please feel free to contact me. RJW/bp rFOSTER & FOSTER ACTUARIES AND CONSULTANTS September 12,2023 VIA EMAIL Board of Trustees City of Aventura Police Officers' Pension Board Re: City of Aventura Police Officers'Retirement Plan Dear Board: We have reviewed the proposed Ordinance amending Section 36-31,Internal Revenue Code Compliance, changing the required beginning date for distributions to age 72 for participants who attained age 70 '/2 on or after January 1,2020 and prior to January 1,2023, and the age in accordance with the Secure 2.0 Act for participants who attain age 72 on or after January 1,2023. We have determined that the adoption of the proposed change will have no impact on the assumptions used in determining the funding requirements of the program. Because the above changes do not result in an immediate change in the valuation results,it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption.However,since the Division of Retirement must be aware of the current provisions of all public pension programs,it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance,once it is adopted,to each of the following offices: Mr.Keith Brinkman Mr. Steve Bardin Bureau of Local Retirement Systems Municipal Police and Fire Division of Retirement Pension Trust Funds P. O.Box 9000 Division of Retirement Tallahassee,FL 32315-9000 P.O.Box 3010 Tallahassee,FL 32315-3010 The undersigned is familiar with the immediate and long-term aspects of pension valuations and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions,please let me know. Sincerely, Patrick T.Donlan,ASA,EA,MAAA 13420 Parker Commons Blvd.,Suite 104 Fort Myers,FL 33912-(239)433-5500-Fax(239)481-0634-www.foster-foster.com SUGARMAN, SUSSKIND, BRASWELL & HERRERA PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A.Sugarman♦ 15o Alhambra Circle Howard S.Susskind Suite 725 D.Marcus Braswell,Jr. Coral Gables,Florida 33134 Pedro A.Herrera (305)529-2801 Kenneth R.Harrison,Sr. Toll Free(800)329-2122 Madison J.Levine Facsimile(305)447-8115 Jose Javier Rodriguez ♦Board Certified Labor& David E.Robinson Employment Lawyer Of Counsel SPECIAL REPORT February 2023 SECURE ACT 2.0 President Biden signed the Secure 2.0 Act of 2022 ("the Act") into law on December 29, 2022 as part of the Consolidated Appropriations Act, 2023. The Act makes sweeping changes to provisions of the Internal Revenue Code affecting qualified plans such as your municipal plan. Many of the provisions take effect immediately, while others will become effective in years to come. For governmental plans such as yours amendments required by the Act must be made to the plan by no later than the last day of the first plan year beginning on or after January 1, 2027. Below is a brief summary of the changes enacted. We will provide additional information with regard to each of the new requirements on an on-going basis as corresponding regulations or rules may be issued. L CHANGES THAT APPLY TO GOVERNMENTAL DEFINED BENEFIT PLANS AND STAND-ALONE SHARE PLANS Increase in Ages for Required Minimum Distributions Participants in tax-qualified pension plans are not taxed on the value of their retirement benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. For many years, retirees were required to begin to receive benefits once they had retired and reached age 70 '/2. The first Secure Act, passed in 2019, raised that age to 72. Special Report re: SECURE Act 2.0 February 2023 Page 12 Section 107 of the Secure 2.0 Act of 2022 has further increased the tax deferral by again raising the age by which retired participants must begin to receive benefits. The new ages are as follows: a) For individuals who attain age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73; b) For individuals who attain age 74 after December 31, 2032, the applicable age is 75; Reduction in penalty for failure to make Required Minimum Distributions (Effective taxable years after December 29, 2022) The Code currently provides for an excise tax for failure to take a required minimum distribution equal to 50% of the amount of the missed distribution. Section 302 of the Act reduces the tax generally to 25%, and provides that the tax shall be further reduced to 10% if the failure is corrected in accordance with certain conditions. Increase in the maximum amount of mandatory distributions (Effective January 1, 2024) Plans may currently provide that benefits of which the lump-sum value does not exceed $5000 will be paid mandatorily in the form of a lump-sum. Section 304 of the Act raises the limit, allowing plans to impose a lump-sum distribution for amounts up $7000. Exclusion from Income of Certain Service-Related Disability Benefits for First Responders (Effective for eligible amounts received after December 31, 2026) Section 309 of the act allows certain first responders (law enforcement officers, firefighters, paramedics, and emergency medical technicians) to exclude from gross income certain service-related disability pension or annuity payments after they reach retirement age. Expansion of 72(t)Age Exemption for Qualified Public Safety Employees (Effective Immediately) Generally, the penalty on early withdrawals under Section 72(t) does not apply to distributions made to an employee after separation from service after attainment of age 55. For qualified public safety employees, Section 72(t) replaces the age 55 exemption with a more favorable, lower age exemption. Prior to the Act, the applicable age for qualified public safety employees was 50, instead of 55. Section 329 of the Act further expands the exemption for qualified public safety officers by adding 25 years of service as a separate qualifying condition for the exemption, which now applies upon the earlier of attainment of age 50 or 25 years of service. Special Report re: SECURE Act 2.0 February 2023 Page 13 Expansion of Definition of Qualified Public Safety Employee for Purposes of 72(t) Age Exemption (Effective Immediately) Prior to the Act, for purposes of the favorable 72(t) exemption discussed above, the term qualified public safety employee included governmental employees providing police protection, firefighting services, and emergency medical services. Section 330 expands the definition to include corrections officers, as well as forensic security employees providing for the care, custody and control of forensic patients. Repeal of Direct Payment Requirement for Health Insurance Premiums (Effective Immediately) Currently under Section 402(I) of the Code, Retired Public Safety Officers are permitted to exclude from income up to $3,000 per taxable year in distributions from governmental plans that are used to for the payment of qualified health insurance premiums. Prior to the Act, payments were required to be made directly from the pension plan to the insurer. Section 328 of the Act removes the direct payment requirement and now allows payment to come directly from the member. II. CHANGES THAT APPLY TO GOVERNMENTAL STAND-ALONE SHARE PLANS BUT NOT TO GOVERNMENTAL DEFINED BENEFIT PLANS Tax-Favored Withdrawals The Act allows plans to provide for the following types of withdrawals with favorable tax treatment (including exemption from any 72(t) penalty)- - Starting in 2024, up to $1,000 for participant-certified personal and family emergencies; - Starting in 2024, withdrawals up to the lesser of $10,000 or 50% of account balance, if a participant has been the victim of domestic abuse; - effective immediately withdrawals by participants who have been diagnosed as terminally ill; - With regard to federal disasters occurring on or after January 267 2021, withdrawals by participants who live in the disaster up to $22,000 within 180 months of the disaster. Also loans related to federal disasters are allowed to be increased to the lessor of$100,000 or 100% of the account balance, Plans are already permitted to provide for distributions for qualified birth or adoption expenses. Currently, such distributions may be paid back at any time. For withdrawals after December 29, 2022, the repayment period is limited to Special Report re: SECURE Act 2.0 February 2023 Page 14 three years. For withdrawals that have already been taken, the repayment period ends December 31, 2025, beginning on or after December 29, 2025, up to $2500 annually(adjustable for inflation)for long-term care insurance. III. PROVISIONS OF THE ACT WITH REGARD TO PLAN CORRECTIONS Changes to requirements regarding overpayments (effective immediately) The IRS has on an on-going basis provided guidance to trustees regarding requirements for recovering benefit overpayments to participants and beneficiaries. Section 301 of the Act amends the Code to provide clearly defined rules relating to the recovery of overpayments. Principally, the Act provides that a plan is not necessarily obligated to pursue the recovery of an overpayment. We will prepare procedures for the trustees to adopt to ensure that future actions with regard to overpayments comply with the new requirements. Expanded Self-Correction Program (Effective upon guidance issued by IRS within two years of December 29, 2022) The IRS maintains several programs pursuant to which trustees may correct errors in the operation of the plan and/or failures to amend the plan timely. Under certain programs, a flat fee and/or penalties are required to be paid to the IRS to resolve the error or failure. On the other hand, under the IRS' Self-Correction Program, certain "non-significant" errors may be corrected without any notice or payment of fees or penalties to the IRS. The Act expands the type of errors and failures that may be resolved through Self- Correction. The program is no longer limited to "non-significant" errors, and may be used generally to correct any inadvertent error or failure, except those (1) that were identified by the IRS before any good-faith corrective measures were taken, or (2) with respect to which corrective measures were not timely taken. The Act requires the IRS to issue new guidance in accordance with the expansion of the self-correction program. Special Report re: SECURE Act 2.0 February 2023 Page 15 IV. FOR INFORMATIONAL PURPOSES (THE FOLLOWING INFORMATION PRESENTS PROVISIONS OF THE ACT THAT DO NOT APPLY TO THIS PLAN BUT THAT MAY BE OF INTEREST TO PUBLIC EMPLOYEES. THE INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLYAND IS NOT INTENTED AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE) Section 308 of the Act extends to private sector firefighters, the favorable 72(t) age exemption (50 or 25 Years of Service) that was previously limited to governmental public safety employees. Section 306 Changes rules relating to elections for 457 plans Some of the tax-favored withdrawals that are permitted under the Act (See Section II above) may also be available under 457 plans. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-31 "COMPLIANCE WITH INTERNAL REVENUE CODE", TO PROVIDE FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan ("Retirement Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the Setting Every Community Up for Retirement Enhancement ("SECURE") 2.0 Act, signed into law on December 29, 2022 as part of the Consolidated Appropriations Act, 2023, amended the definition of "Required Beginning Date" under Section 401(a)(9) of the Internal Revenue Code; and WHEREAS, amendments to the Retirement Plan are necessary to conform the Retirement Plan to the requirements of the SECURE 2.0 Act; and WHEREAS, the Board of Trustees of the City of Aventura Police Officers' Retirement Plan has recommended an amendment to the Retirement Plan to comply with the SECURE 2.0 Act; and WHEREAS, the trustees of the City of Aventura Police Officers' Retirement Plan have requested and approved the amendments provided herein as being in the best interests of the participants and beneficiaries and improving the administration of the Retirement Plan, and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change and is attached as such; and WHEREAS, the City Commission deems it to be in the public interest to provide this change to the Retirement Plan for its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Words in s+F�at type are deletions from exist text and word in underline type are additions to existing text. City of Aventura Ordinance No. 2024- Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-31, "Compliance with the Internal Revenue Code", subparagraph (b), Required beginning date, and (c), Required minimum distributions, of the City Code of Ordinances be amended as follows: Sec. 36-31. - Internal Revenue Code Compliance. (b) Required beginning date. Notwithstanding any ether provision of the plan, payment of a 1 GernrnenGe not Ater than the 1 is dehn d as. Notwithstanding any other provision of the Plan, payment of a participant's retirement benefits under the Plan shall commence not later than the participant's Required Beginning Date, which effective January 1. 2023 is defined as the later of 1 and 2 below: (1) With regardUK utiens required to�e P aade t � partiGipant whe reaGhes area 70 1/," ham re January `7ozv. 9 Argil 1 of the nvaallendar year that next em s the Gaafe�rn r year in whiGh part ant attain er will attain the-age of 701,42 years; er Argil 1 of the Galendar year that naA fol! ws v the Galendar year in whichr partri ant retires, w�hrirnhrevof is4aterWith regard to a participant who reached age 70 ?A prior to January 1, 2020, April 1 of the calendar year that next follows the calendar year in which the participant attained the age of 70%years: or with regard to a participant who attained age 70 '/2 on or after January 1. 2020, and age 72 prior to January 1, 2023, April 1 of the calendar year that next follows the calendar year in which the participant attained the age of 72 years: or with regard to a participant who attains age 72 on or after January 1, 2023, in accordance with the Secure 2.0 Act and any technical corrections thereto: or (2) With regard. to st-ributions-required-to be made on o after jaanu a 2020 to a partiGipant who reaches the age of on or after said date: April 1 of the GaTendaryear tha rnre�i follows the nalendar year in which the participant attains or will Page 2 of 5 City of Aventura Ordinance No. 2024- attain the age of 72 years or Argil 1 of the nalendar year that 0 next follows the nalendar year in which the nartininant retires, whinheyer is late April 1 of the calendar year that next follows the calendar year in which the participant retires. (c) Required minimum distributions. (1) Required beginning date. The participant's entire interest will be distributed, or begin to be distributed, to the participant no later than the participant's required beginning date as defined in subsection (b) of this section 36-31. (2) Death of participant before distributions begin. (A) If the participant dies before distributions begin, the participant's entire interest will be distributed, or begin to be distributed, no later than as follows- (i) If the participant's surviving spouse is the participant's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained age his or her required beginning date, if later. Section 3. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Page 3 of 5 City of Aventura Ordinance No. 2024- Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. The foregoing Ordinance was offered by Commissioner Joel who moved its adoption on first reading. This motion was seconded by Commissioner Friedland and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss 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 upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED on first reading this 7t" day of November, 2023. PASSED AND ADOPTED on second reading this 9t" day of January, 2024. Page 4 of 5 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 5 of 5