02-06-2024 City Commission Regular Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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CITY COMMISSION
REGULAR MEETING AGENDA
February 6, 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 February 6, 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
5. 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:
• January 9, 2024 City Commission Regular Meeting
• January 18, 2024 City Commission Special Meeting
• January 18, 2024 City Commission Regular Workshop
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE SPENDING PLAN APPROVED BYTHE CITY COMMISSION AS DETAILED
IN RESOLUTION 2022-15 AND AMENDED IN RESOLUTIONS 2022-33, 2022-62 AND 2023-
19 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY
FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE
PLAN ACT (ARPA); AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS
TO INCLUDE POLICE, PUBLIC WORKS, HUMAN RESOURCES, NON-DEPARTMENTAL,
AND PARKS & RECREATION DEPARTMENT PROJECTS; PROVIDING FOR
IMPLEMENTATION; 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 THE ATTACHED CONTRACT
RENEWAL WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ONE YEAR,
TO COMPENSATE THE CITY FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD,
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROWARD COUNTY
LINE; 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 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 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.
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Aventura City Commission Regular Meeting Agenda February 6, 2024
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO APPROVE THE CITY OF
AVENTURATITLE VI PROGRAM UPDATE IN ACCORDANCE WITH TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964 AND AS REQUIRED BY THE MIAMI-DADE COUNTY DEPARTMENT
OF TRANSPORTATION AND PUBLIC WORKS, OFFICE OF CIVIL RIGHTS AND LABOR
RELATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
SELECTING WALKER CONSULTANTS FOR FACILITY CONDITION ASSESSMENT
SERVICES PURSUANT TO REQUEST FOR PROPOSAL NO. 23-08-25-2; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA;
AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING A DECLARATION THAT THE
PROVISIONS OF SECTION 112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE
MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS
UNCONSTITUTIONAL AND INVALID; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
H. A MOTION TO APPROVE THE SPECIAL MAGISTRATE FINDINGS AND
RECOMMENDATION IN CONNECTION WITH SCG ATLAS AVENTURA LLC'S REQUEST
FOR RELIEF UNDER THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE
RESOLUTION ACT.
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None.
7. ORDINANCES — FIRST READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31,
"LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY
AMENDING SECTION 31-21 — "DEFINITIONS", TO ADD A DEFINITION FOR "EXTENDED
STAY HOTEL" AND AMENDING SECTION 31-143(F)(2A) "MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICTS (RMF4)" TO ADD "EXTENDED STAY HOTEL" TO THE LIST OF
USES THAT MAY BE ESTABLISHED IN RMF4 IF FIRST APPROVED AS A CONDITIONAL
USE; 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 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
Page 2 of 3
Aventura City Commission Regular Meeting Agenda February 6, 2024
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.
9. RESOLUTION/PUBLIC INPUT:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING A LETTER OF INTENT WITH GULFSTREAM PARK, LLC TO ACQUIRE A
THREE-ACRE PARCEL OF LAND; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AMENDMENTS TO THE EXISTING DEVELOPMENT AGREEMENT
BETWEEN GULFSTREAM PARK AND THE CITY TO USE SAID PARCEL FOR FUTURE
USE AS A CHARTER SCHOOL SITE; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS
Meeting dates, times, and location are subject to change. Please check the City's website for the most
current schedule. Meetings will be held at the City of Aventura Government Center (19200 West
Country Club Drive,Aventura).
COMMISSION REGULAR WORKSHOP—FEBRUARY 20,2024 AT 9 AM
COMMISSION REGULAR MEETING—MARCH 5,2024 AT 6 PM
COMMISSION REGULAR WORKSHOP—MARCH 21,2024 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 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: February 2, 2024
SUBJECT: Approval of Minutes
February 6, 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:
• January 9, 2024 City Commission Regular Meeting
• January 18, 2024 City Commission Special Meeting
• January 18, 2024 City Commission Regular Workshop
Should you have any questions, please contact me.
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attachments
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
JANUARY 9, 2024
6:00 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 6:35 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. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: No items
were removed by the City Manager.
Mayor Weinberg requested that Item 5D be removed from the Consent Agenda and
considered prior to the Special Presentations. A motion to remove the item and to
consider it out of order was offered by Commissioner Bloom, seconded by Commissioner
Friedland, and passed unanimously by voice vote.
Mrs. Horvath read the following motion:
Item 5D
A MOTION TO APPROVE THE PRESENTATION OF A KEY TO THE CITY TO CLIFFORD A.
SCHULMAN.
A motion to approve was offered by Commissioner Dr. Marks 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.
Aventura City Commission Regular Meeting Minutes
January 9, 2024
The motion for approval passed unanimously by roll call vote.
4. SPECIAL PRESENTATIONS:
Key to the City: A Key to the City and Mayor's Key Fob were presented to
Clifford A. Schulman.
• Proclamations: Proclamations were presented designating Clifford A.
Schulman Day (January 9, 2024) and Shlomi Ezra Day (January 9, 2024).
• Special Recognitions: None.
• Employee Service Awards: A special recognition certificate and
appreciation item was presented to Kimberly Merchant, Community
Services Director (15 years).
• Charter School Update: None.
Stacy Levy and Cindy Orlinsky provided details on the annual Ellie's Army
Dirty Socks 5K Run & Walkathon in Aventura.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
A motion to approve the remaining items (excluding Item 5D) on the Consent Agenda
was offered by Commissioner Bloom, seconded by Commissioner Joel, and passed
unanimously by roll call vote. The following action was taken:
A. Minutes approved as follows:
APPROVAL OF MINUTES:
• November 7, 2023 City Commission Regular Meeting
• November 17, 2023 City Commission Regular Workshop
B. Resolution No. 2024-01 adopted as follows:
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. Resolution No. 2024-02 adopted as follows:
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,
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Aventura City Commission Regular Meeting Minutes
January 9, 2024
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. Removed and Approved Under Item 3 as follows:
A MOTION TO APPROVE THE PRESENTATION OF A KEY TO THE CITY TO CLIFFORD A.
SCHULMAN.
E. Resolution No. 2024-03 adopted as follows:
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.
F. Resolution No. 2024-04 adopted as follows:
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: Mr. Meyers
reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all
those wishing to offer testimony on the items. No disclosures of ex parte communications
were provided by members of the City Commission.
RESOLUTIONS:
Mrs. Horvath read the following Resolution title:
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.
A motion for approval of the Resolution was offered by Commissioner Stern and
seconded by Vice Mayor Kruss.
Page 3 of 8
Aventura City Commission Regular Meeting Minutes
January 9, 2024
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 additional comments were provided on behalf of the Applicant (Padel Park Aventura,
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. 2024-05 was adopted.
Mrs. Horvath read the following Resolution title:
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.
A motion for approval of the Resolution was offered by Commissioner Friedland 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 additional comments were provided on behalf of the Applicant (The Fresh Market,
Inc.).
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. 2024-06 was adopted.
Mrs. Horvath read the following Resolution title:
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
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Aventura City Commission Regular Meeting Minutes
January 9, 2024
BOULEVARD; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval of the Resolution was offered by Commissioner Stern and
seconded by Commissioner Joel.
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 additional comments were provided on behalf of the Applicant (Starbucks Coffee
Company).
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. 2024-07 was adopted.
7. ORDINANCES — FIRST READING/PUBLIC INPUT:
Mrs. Horvath read the following Ordinance title:
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.
A motion for approval of the Ordinance was offered by Commissioner Stern 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 COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE LEGISLATIVE EXPENSE AMOUNT FOR THE MAYOR AND INDIVIDUAL
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Aventura City Commission Regular Meeting Minutes
January 9, 2024
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.
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 on first reading passed (6-1) by roll call vote,
with Mayor Weinberg voting no.
Mrs. Horvath read the following Ordinance title:
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.
A motion for approval of the Ordinance was offered by Commissioner Stern and seconded
by Vice Mayor Kruss.
Mr. Meyers entered the comments from the Local Planning Agency into the record by
reference as well as the 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 on first reading passed unanimously by roll call
vote.
8. ORDINANCES — SECOND READING/PUBLIC HEARINGS:
Mrs. Horvath read the following Ordinance title:
Page 6 of 8
Aventura City Commission Regular Meeting Minutes
January 9, 2024
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 Bloom and
seconded by Vice Mayor Kruss.
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. 2024-01 was adopted.
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 Vice Mayor Kruss.
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. 2024-02 was adopted.
9. RESOLUTION/PUBLIC INPUT: None.
10. REPORTS: None.
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Aventura City Commission Regular Meeting Minutes
January 9, 2024
11. PUBLIC COMMENTS: Mr. Meyers reviewed the rules of decorum and for speaker
comments. The following members of the public provided comments: Llya Volovik (19195
Mystic Pointe Drive #1710, Aventura).
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Vice Mayor Kruss, seconded by
Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 7.35
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 6, 2024.
Page 8 of 8
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AVENTURA CITY COMMISSION
SPECIAL MEETING MINUTES
JANUARY 18, 2024
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 9:07 a.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 led by Mayor Weinberg.
3. ORDINANCE — SECOND READING/PUBLIC HEARING: Mrs. Horvath read the
following Ordinance title:
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.
A motion for approval of the Ordinance was offered by Vice Mayor Kruss and seconded
by Commissioner Joel.
Mr. Meyers reviewed the item, which would allow for required public notices to be
published in accordance with Chapter 50 of the Florida Statutes in lieu of a newspaper of
general circulation.
No comments were provided by the City Commission.
1 Participated via virtual communications media technology.
Aventura City Commission Special Meeting Minutes
January 18, 2024
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. 2024-03 was adopted.
Mayor Weinberg reported that Commissioner Joel had announced that he would not be
seeking re-election in November 2024 and thanked him for his service.
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Stern, seconded by
Commissioner Dr. Marks, and unanimously approved; thus, adjourning the meeting at
9.12 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 6, 2024.
Page 2 of 2
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
JANUARY 18, 2024
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
11 :13 a.m.' The following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A.
Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland2, 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 Governing Board Meeting.
3. Discussion: Proposed Code Amendment to Allow, in Limited
Circumstances, Hotel Stays of 365 Days (City Manager): Mr. Wasson introduced the
item.
The following provided comments regarding a request to extend the 90-day hotel stay to
365 days by providing a new category for extended stay hotels on behalf of the TAL
Project: Matt Rosenblatt (owner) and Brian Adler, Esq. (Bilzin Sumberg Baena Price &
Axelrod LLP). Mr. Adler additionally reviewed the Glitch Bill for Live Local to provide
clarification, as well as the request to be project specific with the need for conditional use
approval.
The City Commission discussed the item including: concerns about creating a new
threshold for Live Local, the need for a written legal opinion that it could not be used by
another applicant for the threshold, conceptually it not being an issue, providing for a 6-
month stay with the ability to renew for another 6-month stay in lieu of a 12-month stay,
and impact to traffic.
Mr. Meyers provided comments regarding time needed to provide a legal opinion, Live
Local not being applicable to hotels, having further discussions with the applicant, and
the need for any changes to be done through a Code amendment.
City Manager Summary: It was the consensus of the City Commission to proceed
with the item on the February City Commission Meeting Agenda for first reading and to
monitor the Glitch Bill in Tallahassee, since approval would need to be conditioned on
that legislation passing.
' The meeting started following the City Commission Special Meeting and Aventura Governing Board Meeting.
2 Participated via virtual communications media technology and telephone.
Aventura City Commission
Regular Workshop Minutes—January 18, 2024
4. Discussion: Changing the June 20, 2024 City Commission Workshop to
June 13, 2024 (City Manager): Mr. Wasson introduced the item.
Mayor Weinberg requested that the June 20th workshop be moved to June 13th, due to
his attendance at the Mayor's Conference.
City Manager Summary: It was the consensus of the City Commission to change
the June Commission Workshop to June 13, 2024.
5. Discussion: Miami-Dade Youth Governance Day (City Manager): Mr. Wasson
reported on the upcoming Miami-Dade Youth Governance Day on April 10th and
explained the concept for the student selected to shadow the Mayor for the day. He also
requested that members of the City Commission be available.
City Manager Summary: This item was provided for informational purposes.
6. Discussion: Teacher-Child Preference (City Manager/Commissioner
Friedland): Mr. Wasson reported that the item was already discussed at the Aventura
Governing Board Meeting (January 18, 2024).
City Manager Summary: None.
7. Discussion: Outdoor Basketball Courts (Mayor Weinberg): Mayor Weinberg
discussed the need for outdoor basketball courts, Mr. Wasson's continued negotiations
for land next to Veteran's Park for an outdoor court without success thus far, and the
concept to retrofit and utilize the outdoor courts at ACES for use when the school is
closed.
Mr. Wasson discussed the need to work out the security involved with doing so, since
the courts were associated with the school.
The City Commission discussed the item and the possibility of adding some other items
on the available land next to the courts.
City Manager Summary: It was the consensus of the City Commission to proceed
with plans to retrofit and utilize the outdoor basketball courts at ACES. Ideas for other
items at the same location will be discussed at the February Workshop.
8. Discussion: Proposal from Gulfstream Park: Conveyance of a 3-Acre School
Site in Exchange for Entitlements (Mayor Weinberg): Mayor Weinberg reported on
the recent meetings with Gulfstream and the vision to obtain additional land there to build
a new high school, with the concept to redo the current high school building as a new
middle school, and for ACES to be exclusively an elementary school.
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission to proceed
with the item on the February City Commission Meeting Agenda to accept the revised
Page 2 of 4
Aventura City Commission
Regular Workshop Minutes—January 18, 2024
Letter of Intent from Gulfstream.
The following provided comments on behalf of Gulfstream: Alex Serper, Vice President
of Development - The Stronach Group.
Mr. Meyers advised that the report on the 2023 Founders Day would be emailed prior to
the February Workshop.
9. City Attorney Report: Form 6 Lawsuit (City Attorney): Mr. Meyers discussed
the new requirement for Commission members to file an annual financial disclosure Form
6 (Full and Public Disclosure of Financial Interests) in lieu of Form 1 (Statement of
Financial Interests) by July 1st, recent Commission member resignations in multiple
municipalities due to the invasive nature of the form, the law firm's decision to file a lawsuit
representing at least 10 municipalities, and the cost of $10,000 should the City wish to
join that litigation.
The City Commission discussed the item including the following: the invasiveness of Form
6 as compared to Form 1 , joining the litigation, and placing the item on a future Miami-
Dade County League of Cities agenda to inform other municipalities about the litigation.
The following members of the public provided comments: Luz Weinberg (former Aventura
Commissioner).
City Manager Summary: It was the consensus of the City Commission to proceed
with the item on the February City Commission Meeting Agenda to join the litigation at a
cost of $10,000.
10. City Attorney Report: FLUEDRA Recommendations (City Attorney): Mr.
Meyers reported on the positive recommendation of the Special Magistrate as a result of
the recent hearing related to the Promenade code violation related to vacation rentals
and the need for the Commission to approve, modify or reject that recommendation, with
his recommendation to approve it.
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission to proceed
with the item on the February City Commission Meeting Agenda to approve the
recommendation of the Special Magistrate, as recommended by Mr. Meyers.
The following additional items were discussed:
Mayor Weinberg reported on the ability to use the transportation surtax for a water taxi
concept and requested that it be discussed in the future.
Commissioner Friedland suggested that a tree be planted next week (January 24-25,
2024) in honor of Israel Arbor Day and in commemoration of October 7, 2023, which could
be done without being a part of a religious ceremony.
Page 3 of 4
Aventura City Commission
Regular Workshop Minutes—January 18, 2024
Commissioner Kruss expressed concern on a recent walk being held in Surfside instead
of Aventura. Mr. Wasson explained the special event permit process and the inability to
accommodate the walk due to the timing constraints.
11. Adjournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 12.09 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 6, 2024.
Page 4 of 4
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz — Finance Director
DATE: February 2, 2024
SUBJECT: Revision of the American Rescue Plan Act (ARPA) Spending Plan for
the City's Police, Public Works, Human Resources, Non-Departmental
and Parks & Recreation Departments
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION:
It is recommended that the City Commission modify the ARPA spending plan that was
passed and adopted through Resolution No. 2022-15 on February 1, 2022 and amended
through Resolution No. 2022-33 on April 5, 2022, Resolution No. 2022-62 on November
1, 2022 and Resolution No. 2023-19 on April 4, 2023.
BACKGROUND:
As part of the American Rescue Plan Act (ARPA), the U.S. Department of the Treasury
launched the Coronavirus State and Local Fiscal Recovery Funds, which provides $350
billion in emergency funding for eligible state, local, territorial, and tribal governments.
The intent of these funds is to aid and assist eligible governmental entities in recovery
efforts resulting from the economic fallout of the COVID-19 pandemic.
The City of Aventura's allocation is $18,525,074. This funding covers all qualifying
expenditures on or after March 3, 2021. All funds must be obligated by December 31,
2024, and expended by December 31, 2026.
On February 1, 2022, the City Commission passed and adopted a resolution authorizing
the spending plan prepared by the City Manager.
On April 5, 2022, November 1, 2022 and April 4, 2023, the City Commission passed and
adopted a resolution authorizing the amendments prepared by the City Manager.
Below is a summary of the changes to the ARPA project plan by department:
Police Department
Radio Communication System Upgrade/Radio Modification Upgrades — requires a
budget amendment of ($51,852) as this project is complete. Actual costs were lower
than the original estimate.
Upgrade automated external defibrillators — requires a budget amendment of ($8,267)
as this project is complete. Actual costs were lower than the original estimate.
911 Videowall upgrade/replacement — requires a budget amendment of ($76,020) as
this project is complete. Actual costs were lower than the original estimate.
Tasers including cartridges and training — requires a budget amendment of ($1,269) as
this project is complete. Actual costs were lower than the original estimate.
Total Police Department cost to be returned to the ARPA grant allocation =
($137,408).
Public Works Department
Stormwater Pipe Replacement—34t"— requires a $47,072 budget amendment due to the
higher than estimated costs of the project. Contributing to the increase were the testing
for, removal and disposal of muck, the addition of traffic loops and costs for the demolition
and the installation/replacement of additional curbing and sidewalks. This project is
complete.
Stormwater pipe replacement — 213t" Street/Resurface Yacht Club Drive — 213t" Street—
requires a ($246,310) budget amendment due to the lower than estimated costs of the
project due to part of the project not meeting ARPA funding eligibility requirements. This
project is complete.
Seawall replacement/repair — requires a ($1,250,000) budget amendment due to the
project not meeting ARPA funding eligibility requirements. This project is being removed
from the ARPA Project Plan.
Radio Upgrade — requires a ($15,834) budget amendment as this project is complete.
$9,225 will used for the new Parks & Recreation Department project being brought forth
entitled Radio Upgrade.
199t" Street Drainage — requires a $150,000 budget amendment as this is a new project
being brought forth to be paid with ARPA funding.
191St Street Drainage—requires a $1,100,000 budget amendment as this is a new project
being brought forth to be paid with ARPA funding.
Public Works Department cost to be funded by the ARPA grant = $1,297,072
Public Works Department cost to be returned to the ARPA grant allocation =
($1,512,144)
Total Public Works Department Net Change = ($215,072)
Human Resources Department
Computer Software — the Computer Software requires a ($5,249) budget amendment as
this project is complete. Actual costs were lower than the original estimate.
Total Human Resources Department cost to be returned to the ARPA grant
allocation = ($5,249)
Non-Departmental
Additional Cleaning Services — requires a ($18,778) budget amendment as this project
is complete. Actual costs were lower than the original estimate.
Total Non-Departmental cost to be returned to the ARPA grant allocation =
($18,778)
Parks & Recreation Department
Founders Park — Lighting and Tennis and Pickleball Courts— requires $157,230 budget
amendment due to higher than the original estimated cost of the project. Contributing to
the increase is the Sun Shade Canopy over the courts, adding lighting over the courts,
installing all new walking paths instead of partial, creating a new gardening area
(combining Veterans Park — Community Garden relocation project into this project) as
well as the higher costs in materials.
Yacht Club Drive Pocket Park — requires a $819,000 budget amendment due to project
bids coming in higher than anticipated as the plan changed from moving the existing park
at Waterways to moving it to Pocket Park. Due to the condition of the current park it was
determined that damage would ensue from the move. Additionally, parking needed to be
added. A restroom facility was also added after the bids and this will increase the final
cost of the project.
Veterans Park — Community Garden relocation from Founders — requires a ($169,000)
budget amendment as the remainder of this project is now being combined with the above
Founders Park— lighting and tennis and pickleball courts project.
Misting Stations —Waterways, Veterans and Peace — requires a ($22,881) budget
amendment due as this project is complete. Actual costs were lower than the original
estimate.
Vaccine events — requires a ($41,107) budget amendment as this project is complete.
Actual costs were lower than the original estimate.
Radio Upgrade — requires a $9,225 budget amendment as this is a new project being
brought forth to be paid with ARPA funding.
Parks & Recreation Department cost to be funded by the ARPA grant = $985,455
Parks & Recreation Department cost to be returned to the ARPA grant allocation =
($232,988)
Total Parks & Recreation Department Net Change $752,467
FISCAL IMPACT:
If approved, these projects will be funded by the ARPA grant which would then be
allocated as follows:
City's total ARPA allocation $18,525,074
Spending Plan approved on 2/1/22 14,412,653
Spending Plan amendments on 4/5/22, 11/1/22 and 4/4/23 2,356,089
Additional project amounts as listed above 375,961
Total spending plan as of 02/2024 $17,144,703
Remaining ARPA funds to allocate $1,380,372
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED
BY THE CITY COMMISSION AS DETAILED IN RESOLUTION 2022-15
AND AMENDED IN RESOLUTIONS 2022-33, 2022-62 AND 2023-19 FOR
THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL
RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY
UNDER THE AMERICAN RESCUE PLAN ACT (ARPA), AUTHORIZING
THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO INCLUDE
POLICE, PUBLIC WORKS, HUMAN RESOURCES, NON-
DEPARTMENTAL, AND PARKS & RECREATION DEPARTMENT
PROJECTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Division of Emergency Management (the
"Division") received a portion of the Fiscal Recovery Funds from the U.S. Department of
Treasury (the "Treasury") and is responsible for disbursing to the City its allocation of
$18,525,074 (the "Allocation") and disbursed the second installment in August 2022; and
WHEREAS, at the November 2, 2021 City Commission meeting, the Commission
passed a Resolution accepting the Allocation and approved the American Rescue Plan
Act Coronavirus Local Fiscal Recovery Agreement with the State of Florida; and
WHEREAS, at the February 1, 2022 City Commission meeting, the Commission
approved a spending plan for a sizeable portion of the Allocation, with estimated costs for
each item, subject to revision and reprogramming, but not to exceed the total Allocation;
and
WHEREAS, at the April 5, 2022, November 1, 2022 and April 4, 2023 City
Commission meetings, the Commission approved an amended spending plan for a
portion of the Allocation, with estimated costs for each item, subject to revision and
reprogramming, but not to exceed the total Allocation; and
WHEREAS, the City Manager wishes to amend the Spending Plan to utilize funds
for projects attached hereto as Exhibit "A" in an amount which does not exceed the total
Allocation approved by the Commission at the February 2022, April 2022, November
2022 and April 2023 Commission meetings; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City of Aventura.
City of Aventura Resolution No. 2024-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Amended Spending Plan Approved. That the City Commission
hereby approves the amended Spending Plan submitted by the City Manager, in
substantially the form attached hereto as Exhibit "A.".
Section 3. Implementation. That the City Manager is hereby authorized to take
all actions necessary to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall take effect immediately
upon its passage and adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 6t" day of February, 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
City of Aventura
Amendment to Spending Plan for American Rescue Plan funding
Febuary 2024
EXHIBIT A
Current
Spending Plan Estimated Cost Amendment to
Department Description estimated cost as of(1/2024) project cost
Police Radio Communication System Upgrade/Radio Modification Upgrades $ 491,575 $ 439,723 $ (51,852)
Police Upgrade automated external defibrillators 155,000 146,733 (8,267)
Police 911 Videowall upgrade/replacement 200,000 123,980 (76,020)
Police Tasers including cartridges and training 335,000 333,731 (1,269)
Public Works Stormwater pipe replacement-34th 1,250,000 1,297,072 47,072
Public Works Stormwater pipe replacement-213th Street/Resurface Yacht Club Drive 1,045,088 798,778 (246,310)
Public Works Seawall replacement/repair 1,250,000 - (1,250,000)
Public Works Radio Upgrade 50,000 34,166 (15,834)
Public Works 199th Street Drainage - 150,000 150,000
Public Works 191st Street Drainage - 1,100,000 1,100,000
Human Resources Computer Software 35,945 30,696 (5,249)
Non-Departmental Additional Cleaning Services 58,000 39,222 (18,778)
Parks&Recreation Founders Park-lighting and tennis and pickleball courts 1,750,000 1,907,230 157,230
Parks&Recreation Yacht Club Drive Pocket Park 350,000 1,169,000 819,000
Parks&Recreation Veterans Park-Community Garden relocation from Founders 175,000 6,000 (169,000)
Parks&Recreation Misting Stations-Waterways,Veterans and Peace 60,000 37,119 (22,881)
Parks&Recreation Vaccine events 50,000 8,893 (41,107)
Parks&Recreation Radio Upgrade - 9,225 9,225
Additional projects/increased project amounts for ARPA spending plan-Febuary 2024 $ 2,282,527
Project amounts to remove from ARPA spending plan -Febuary 2024 $ (1,906,567)
Spending plan approved February 1,2022 $ 14,412,653
Spending plan amendment April 5,2022 $ 662,647
Spending plan amendment November 1,2022 $ 913,059
Spending plan amendment April 4,2023 $ 780,383
Total Allocation Approved with Spending Plan as Amended $ 17,144,703
Total allocation $ 18,525,074
Remaining funds to allocate $ 1,380,372
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City ManagerC—Y6—�
DATE: February 2, 2024
SUBJECT: Renewal of FDOT Landscape Maintenance Services Contract for
Biscayne Boulevard
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to renew the attached contract with the Florida Department of
Transportation (FDOT) for landscape maintenance services along Biscayne Boulevard,
from the Oleta River Bridge to the County line.
RJW/act
Attachment
CC04005-04
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR ONE YEAR, TO
COMPENSATE THE CITY FOR LANDSCAPE MAINTENANCE WITHIN
THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-
WAY ON BISCAYNE BOULEVARD, FROM THE OLETA RIVER BRIDGE
NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE;
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 the attached Contract
Renewal with the Florida Department of Transportation to provide landscape
maintenance services on the Florida Department of Transportation rights-of way on
Biscayne Boulevard from the Oleta River Bridge north to the Miami-Dade/Broward County
line.
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 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
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED 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 2 of 2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SRATI
CONTRACTS ADMINIS T N
-04/0
CONTRACT RENEWAL
OGC 4/06
Contract No.: ASW62 Renewal: (1st, 2nd,etc.) 1st
Financial Project No(s).: 407334-6-78-01
County(ies): Miami-Dade
This Agreement made and entered into this day of by and between the State of
(This date to be entered by DOT only.)
Florida Department of Transportation, hereinafter called "Department",and City of Aventura - 19200 West Country Club
Drive, Aventura, Florida 33180 hereinafter called "Contractor".
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on this 5 day of June 2023
(This date to be entered by DOT only)
entered into an Agreement whereby the Department retained the Contractor to perform maintenance of all turf and
landscape within the right of way on the State Roads described in "Exhibit A" of the original contract; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties
and subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each
to the other, the parties agree to a renewal of said original Agreement for a period beginning the 10 day of July, 2024 and
ending the 9 day of July, 2025 at a cost of$12,676.00.
All terms and conditions of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,
month, and year set forth above.
STATE OF FLORIDA
City of Aventura DEPARTMENT OF TRANSPORTATION
Name of Contractor
BY:
Contractor Name and Title District Secretary or Designee (Signature)
BY: Title:
Authorized Signature
(SEAL) Legal:
Name of Surety
Fiscal:
City State Approval as to Availability of Funds
By:
Florida Licensed Insurance Agent or Date
Attorney-In-Fact(Signature)
Countersigned:
Florida Licensed Insurance Agent Date
Exhibit "A"
Scope of Services
Maintenance Responsibilities of the LOCAL GOVERNMENT
The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and
landscape areas within the DEPARTMENT's right of way on the State Roads below in
accordance with all applicable DEPARTMENT guidelines, standards,and procedures, which
shall include but shall not be limited to the Maintenance Rating Program Handbook, as may
be amended from time to time. Additionally,the LOCAL GOVERNMENT shall maintain all
turf and landscape areas in accordance with the International Society of Arboriculture
standards,the latest FDOT Design Standard,guidelines, and procedures, as may be amended
from time to time.
State Street Nam
Road •
OM;
5 Biscayne Just South of Oleta River Miami-DadeBroward
Boulevard/US-1 Bridle Count Line
For each of the following work activities, the LOCAL GOVERNMENT shall be responsible
for performing these minimum frequencies:
• Litter Pickup - eighteen (18)times per year
• Mowing, including Edging and Weed Control - eighteen (18) times per year
• Landscape Maintenance/Tree Trimming - eighteen (18) times per year
The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of
the work activities described above.
The LOCAL GOVERNMENT's maintenance obligations shall include but not be limited to:
a. Mowing, cutting and/or trimming and edging the grass and turf.
b. Pruning all plant materials, which include trees, shrubs and ground covers, and parts
thereof, including all material from private property encroaching into the
DEPARTMENT'S right-of-way
c. Maintaining existing decorative bricks, mulch and other aesthetic features currently
found within these corridors.
d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Aventura
Financial Project#407334-6-78-01
Page 11 of 15
maintain the current landscape and turf in a healthy and vigorous growing
condition.
e. Paying for all water use and all costs associated therewith.
f. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the right-of-way.
g. Removing and disposing of all undesirable vegetation including but not limited to
weeding of plant beds and removal of invasive exotic plant materials.
h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants
in their entirety, and replacing those that fall below the standards set forth in all
applicable DEPARTMENT guidelines, standards and procedures as may be
amended from time to time.
i. Removing and disposing of all trimmings, roots, branches, litter, and any other
debris resulting from the activities described by (a)to (h).
j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance
activities will require the closure of a traffic lane in the DEPARTMENT's right-of-
way. Lane closure requests shall be submitted through the District Six Lane
Closure Information System, to the DEPARTMENT's area Permit Manager and in
accordance with the District Six Lane Closure Policy, as may be amended from
time to time.
FDOT Financial Project Number: 407334-6-78-01
County: Miami-Dade
FDOT Project Manager:
Bencze Vajta, P.E. - (305) 640-7165 or Bencze.Vajta(a dot.state.fl.us
LOCAL GOVERNMENT Project Manager:
Ronald J. Wasson, City Manager - (305) 466-8910 or rwasson(ccityofaventura.com
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Aventura
Financial Project#407334-6-78-01
Page 12 of 15
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: February 2, 2024
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City
of North Miami
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various departments
use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested-
1. Joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes and strikes.
3. Any natural, technological or manmade disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner process facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization for specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted,
SWAT, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC04003-24
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Police
DATE: January 26, 2024
SUBJECT: Law Enforcement Mutual Aid Agreement Between the
City of Aventura and the City of North Miami
February 6, 2024 City Commission Agenda
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The Agreements are
beneficial in our mission to protect our residents' safety and quality of life.
If you have any questions, please feel free to contact me.
CITY OF AVENTURA RESOLUTION NO. 2024-
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 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of North Miami for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. 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
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED 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 2 of 2
MUTUAL AID AGREEMENT
Between City of Aventura Police Department
and City of North Miami Police Department
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida and the City of North Miami, Florida to ensure the public safety of their citizens
by providing adequate levels of police services to address any foreseeable routine or
emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of
law enforcement problems and other natural and man-made conditions that are, or are
likely to be, beyond the control of the services, personnel, equipment, or facilities of the
participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies
will be adequate to address any and all of these conditions, to protect the public peace and
safety,and to preserve the lives and property of the people of the participating Miami-Dade
County municipalities; and
WHEREAS,the participating Miami-Dade County municipalities have the authority
under Chapter 23, Florida Statutes (Florida Mutual Aid Act) to enter into a mutual aid
agreement.
NOW, THEREFORE, the parties agree as follows:
1. Short title: Mutual Aid Agreement
2. Description:The Mutual Aid Agreement provides for the requesting rendering
of assistance for both routine and intensive law enforcement situation(s). This Mutual Aid
Agreement combines the elements of both a voluntary cooperation agreement and a
requested operational assistance agreement as described in Chapter 23, Florida Statutes.
3. Definitions:
A. Joint declaration: A document that enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this
agreement, as determined by concerned agency heads. Subsequent to
execution by the concerned agency heads,the joint declaration shall be filed
with the clerks of the respective political subdivisions and shall become part
of this Agreement. Said declaration may be amended or supplemented at
any time by the agency heads by filing a subsequent declaration with the
clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the City of
Aventura Police Department or the North Miami Police Department.
C. Agency Head: Either the Chief of the Aventura Police Department, or the
Chiefs designees, and the Chief of Police of the City of North Miami Police
Department, or the Chiefs designees.
D. Participating municipal police department The police department of any
municipality in Miami-Dade County, Florida that has approved and executed
this Agreement upon the approval of the governing body of the municipality.
E. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this agreement is in need of assistance as
specified in the applicable joint declaration, an authorized representative of
the police department requiring assistance shall notify the agency from which
such assistance is requested. The authorized agency representative whose
assistance is sought shall evaluate the situation and its available resources
and will respond in a responsible manner.
B. Each party to this Agreement agrees to furnish necessary manpower,
equipment,facilities, and other resources and to render services to the other
party as required to assist the requesting party in addressing the situation
that caused the request; provided however,that no party shall be required
to deplete unreasonably its own manpower,equipment,facilities, resources,
and services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies shall
establish procedures for giving control of the mission definition to the
requesting agency, and for giving tactical control over accomplishing any
such assigned mission and supervisory control over all personnel or
equipment provided pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department, certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during
such time that the employees are actually providing aid outside of the
jurisdictional limits of the employing municipality pursuant to a request for aid
made in accordance with this Agreement, shall pursuant to the provisions of
Chapter 23, Florida Statutes, have the same powers, duties, rights,
privileges, and immunities as if they were performing their duties in the
political subdivision in which they are normally employed.
i
B. A party that furnishes equipment pursuant to this Cooperation Agreement
must bear the cost of loss or damage to that equipment and must pay any
expense incurred in the operation and maintenance of that equipment.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this Agreement,
during the time of rendering of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid.
The compensation shall include any amounts paid or due or compensation
due to personal injury or death while such employees are engaged in
rendering such aid. The compensation shall also include all benefits
normally due to such employees.
D. All pension, insurance, relief, disability, workers' compensation, salary,
death, and other benefits which apply to the activity of such officers, agents,
or employees of any such agency, when performing their respective
functions within the territorial limits of their respective agencies, shall apply
to them to the same degree, manner, and extent while engaged in the
performance of their functions and duties extraterritorially under the
provisions of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
E. Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting
jurisdiction to reimburse the assisting agency for any actual costs or
expenses incurred by the assisting agency performing hereunder.
F. Should either agency participating in an operation or mission under this
agreement receive reimbursement for expenditures from a third party for a
mutual aid event covered by this Cooperation Agreement, the other party
shall be eligible to receive an equitable reimbursement share for any actual
costs or expenses incurred that are directly attributable to the event,
provided such costs and expenses are authorized by the third party for
reimbursement purposes.
6. Indemnification: To the extent allowed by law, each party agrees to hold
harmless, defend, and indemnify the other in any suit, action or claim for damages
resulting from any and all acts or conduct of its employees while providing aid pursuant
to this Agreement. Nothing is intended to be a waiver of the limitation placed upon the
Parties' liability as set forth in Section 768.28. Florida Statutes.
7. Forfeitures: The municipality in which any property is seized pursuant
to the Florida Contraband Forfeiture Act shall have exclusive authority to initiate
forfeiture proceedings for any matters which arise from a mutual aid event that is
covered by this Cooperation Agreement. However, the municipality/agency with the
right to proceed with the forfeiture may allow the other municipality/agency to
prosecute the forfeiture with the written authorization of the Chief of Police and the
legal counsel for each municipality/agency. The municipality/agency pursuing the
forfeiture action shall have the exclusive right to control and the responsibility to
maintain the property, including, but not limited to, the complete discretion to bring
the action, or to dismiss the action, or settle the forfeiture. The property shall be
seized and forfeited in accordance with this agreement, and the proceeds, if any,
shall be equitably distributed among the participating municipalities/agencies in
proportion to the amount of investigation and participation performed by each
municipality/agency, less the costs associated with the forfeiture action.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter,whenever conditions exist that
are within the definitions stated in Chapter 23, Florida Statutes. Whenever an officer
is rendering assistance pursuant to this Cooperation Agreement, the officer shall
abide by and be subject to the rules and regulations, personnel policies, general
orders, and standard operating procedures of his/her own employer. If any such rule,
regulation, personnel policy general order or standard operating procedure Is
contradicted, contravened or otherwise in conflict with a direct order of a superior
officer of the requesting agency, then such rule, regulation, policy, general order or
procedure shall control and shall supersede the direct order.
9. Complaints: Whenever there is cause to believe that a complaint has
arisen as a result of a cooperative effort as it may pertain to this Cooperation Agreement,
the Chief of Police, or his/her designee, of the requesting agency shall be responsible for
the documentation of said complaint to ascertain at a minimum:
A. The identity of the complainant.
B. An address where the complaining party can be contacted.
C. The speck allegation.
D. The identity of the employees accused without regard to agency affiliation.
If it is determined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing
of the complaint, shall be forwarded without delay to the agency for administrative review.
The requesting agency may conduct a review of the complaint to determine if any factual
basis for the complaint exists and/or whether any of the employees of the requesting
agency violated any of their agency's policies or procedures.
10. Insurance: Each party shall provide satisfactory prof of liability insurance
by one or more of the means specified in Section 768.28(16) (a) of the Florida Statutes
(2010), in an amount which is, in the judgment of the governing body of that party, at least
adequate to cover the risk to which that party may be exposed. Should the insurance
coverage, however, provided, of any party be canceled or undergo material change, that
party shall notify all parties to this agreement of such change within ten (10) days of
receipt of notice or actual knowledge of such change.
j 11. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including December 31, 2026. This Agreement shall not
be renewed, amended, or extended except in writing.
12. Cancellation: The Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the discretion
of the Chief Executive Officers of the parties.
AGREED TO AND ACKNOWLEDGED this day of . 2024.
CITY OF NORTH MIAMI CITY OF AVENTURA
CHERISE G. GAUSE MICHAEL BENTOLILA
CHIEF OF POLICE CHIEF OF POLICE
Date: Date:
RASHA CAMEAU RONALD J. WASSON
CITY MANAGER CITY MANAGER
I Date: Date:
ATTEST:
VANESSA JOSEPH ELLISA L HORVATH, MMC
CITY CLERK CITY CLERK
Date: Date:
SIGNED AS TO FORM, LANGUAGE LEGALITY AND EXECUTION THEREOF:
JEFF P. H. CAMEAU, ESQ. WEISS SEROTA HELFMAN, ET AL
CITY ATTORNEY CITY ATTORNEY
CITY OF "ENTURA
DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
THRU: Jake Ozyman, Director of Public Works
BY: Heath E. Papkov, Capital Projects Manager
DATE: February 2, 2024
SUBJECT: Update of the City of Aventura Title 6 Program
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to update the City of Aventura Title VI Program in accordance with Title
VI of the Civil Rights Act of 1964.
BACKGROUND
The Miami-Dade County Department of Transportation and Public Works (DTPW), Office
of Civil Rights and Labor Relations (OCR/LR), is requiring an update of the enclosed Title
VI/Non-Discrimination Policy and Plan, MDC Form FTA C 4702.1 B and City Resolution
confirming compliance with the updated City of Aventura Title VI Program.
If you have any questions or need any additional information, please feel free to contact
me.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO APPROVE THE CITY OF AVENTURA TITLE VI
PROGRAM UPDATE IN ACCORDANCE WITH TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964 AND AS REQUIRED BY THE MIAMI-DADE
COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC
WORKS, OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is a sub recipient of the American Recovery and
Reinvestment Act (ARRA) Stimulus Grant through the Miami-Dade County Department
of Transportation and Public Works and is required to maintain a Title VI/Non-
Discrimination Policy and Plan in accordance with the Civil Rights Act of
1964; and
WHEREAS, Title VI/Non-Discrimination Policy and Plan for the City of Aventura,
which complies with the federal requirements, helps to not only manage complaints
efficiently by having set procedures, information, and points of contact, but also, to
proactively discourage discrimination on the basis of race, color or national origin; and
WHEREAS, the Department of Transportation and Public Works (DTPW) 2019
Title VI Program Update (FTA C4702.1 B) requires the Title VI/Non-Discrimination Policy
and Plan be approved by the governing body by way of resolution; and
WHEREAS, the Title VI/Non-Discrimination Policy and Plan must be updated
every three years; and
WHEREAS, the City of Aventura hereby finds the updated Title VI/Non
Discrimination Policy and Plan, attached and made a part of this Resolution, to be in the
best interest of the City of Aventura; and
WHEREAS, the City Commission, upon recommendation of the City Manager,
wishes to approve said Title VI Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1: The City of Aventura hereby approves and adopts the City of
Aventura Title VI/Non-Discrimination Policy and Plan (attachment 1).
City of Aventura Resolution No. 2024-
Section 2: The City Manager is hereby authorized to do all things necessary to
carry out the aims of the Resolution.
Section 3: The City Manager is hereby directed to transmit a copy of this
resolution to the Miami-Dade County Department of Transportation and Public Works.
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 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 2 of 2
Title VI/Non-Discrimination Policy and Plan
TITLE VI NOTICE TO THE PUBLIC
City of Aventura (COA or the City) gives public notice that it complies with Title VI
of the Civil Rights Act of 1964 and all related statutes. Title VI provides that "no
person in the United States shall, on the ground of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance." COA operates its programs and services without regard to race,
color, and national origin in accordance with Title VI.
For more information on COA's Title VI Program, obligations, procedures and/or
to file a complaint, please contact or mail a complaint form to:
Heath Papkov
Title VI Coordinator
19200 W. Country Club Drive
Aventura, FL 33180
A complainant may also file a complaint directly with the Federal Transit
Administration by filing a complaint with the Office of Civil Rights, Attention: Title
VI Program Coordinator, East Building, 5th Floor — TCR, 1200 New Jersey Ave.,
SE, Washington, DC 20590
TITLE VI COMPLAINT INSTRUCTIONS AND PROCEDURE
Any person who believes she or he has been discriminated against on the basis
of race, color, or national origin by COA may file a Title VI complaint by
completing and submitting COA's Title VI Complaint Form. COA investigates
completed complaint forms that are filed no later than 180 calendar days
following the date of the incident in question.
How to file a complaint:
A complaint can be filed in writing and mailed to the following address:
Title VI Coordinator
Heath Papkov
19200 W. Country Club Drive
Aventura, FL 33180
The preferred method is to file a complaint in writing by completing COA's Title VI
Complaint Form. If you do not use COA's Title VI Complaint Form, your written
complaint must be signed and at a minimum contain the following:
1. Contact information including name, mailing address, telephone number(s)
and e-mail address, etc.);
2. A description of how, when, where and why you believe you were
discriminated against including location, names and contact information of any
witnesses; and
3. Other information that you deem significant or important.
Title VI Procedure
1. When a complaint is received by COA, the City will review it to determine if our
office has jurisdiction. The complainant will receive a written acknowledgement
within ten (15) days informing him/her whether the complaint will be investigated
by our office. If the decision is not to investigate as a Title VI complaint, the
notification shall state the reason(s) for the decision.
2. If a complaint is incomplete, additional information may be requested, and the
complainant will be provided thirty (30) business days to submit the required
information. If the information is not received within the time requested, the case
can be administratively closed by COA. A case can also be administratively
closed if the complainant no longer wishes to pursue their case.
3. The COA will make every effort to complete the investigation within sixty (60)
days of receiving the complaint. Once the investigation is completed, a letter
stating the findings of the investigation will be sent to the complainant.
4. The complainant shall be notified of his/her right to appeal the decision.
A person may also file a complaint directly with the Federal Transit
Administration at FTA Office of Civil Rights, 1200 New Jersey Ave., SE,
Washington, DC 20590.
COA Title VI Complaint Form - select to download a PDF copy of this form
PUBLIC PARTICIPATION ELEMENT
COA's Public Participation Plan is being prepared to ensure that no one is
precluded from participation in connection with the City's maintenance and
development process. The plan ensures that:
o Potentially affected community members will have an appropriate
opportunity to participate in decisions about a proposed activity that
will affect their environment and/or health;
o The public's contribution can influence the City's decision making
concerning the bus shelters;
o The concerns of all participants involved will be considered in the
decision-making process; and
o The City will facilitate the involvement of those potentially affected.
COA's Public Participation Plan is intended to encourage and guide public
involvement efforts and enhance access to the City's transportation-related
decision-making process by minority and Limited English Proficient populations.
COA informs residents of any proposed changes to the bus shelters through the
process of a public commission or workshop meeting advertised on the City's
website and posted in the lobby of its Government Center 2 to 3 days prior to the
meeting.
The City and its records are available to the public. The City's Title VI Complaint
Procedure is available to the public 24 hours/7days a week via our website
www.C ityofave ntu ra.corn.
MINORITY REPRESENTATION ON COMMITTEES AND COUNCIL
The City of Aventura does not have any transit-related committees. If any such
committee is established in the future, this Plan will be amended to depict minority
representation on such committee, and to describe the efforts made to encourage
participation of minorities on such committee.
PROVIDING MEANINGFUL ACCESS TO LIMITED ENGLISH PROFICIENT
PERSONS
Limited English Proficient (LEP)
LEP refers to persons for whom English is not their primary language and who
have a limited ability to read, write, speak or understand English. It includes
people who reported to the U.S. Census that they speak English less than very
well, not well, or not at all.
In order to ensure meaningful access to its services and programs, COA uses
the information obtained in a Four Factor Analysis to determine the specific
language services that are appropriate. This analysis helps COA to determine if
it communicates effectively with LEP persons and informs language access
planning.
The Four Factor Analysis is an individualized assessment that considers:
1. The number or proportion of LEP persons eligible to be served or
likely to be encountered by the bus shelters and or COA rideshare;
2. The frequency with which LEP persons come into contact with the
bus shelters and or rideshare;
3. The nature and importance of the bus shelters to people's lives and
or rideshare; and
4. The resources available to COA for LEP outreach, as well as the
cost associated with that outreach.
The first step in the analysis is understanding the proportion of LEP persons who
may encounter the bus shelters and or the COA rideshare programs, their
literacy skills in English and their native language, the location of their community
and neighborhoods and, more importantly, if any are underserved, as a result of
a language barrier.
To do this, the City attempted to evaluate the level of English literacy and to what
degree people in its service area speak a language other than English and what
those languages are. Data for this review is derived from the United States
Census Bureau "Quick Facts" web page data from 2022.
• City of Aventura Overview
The bus shelters and bus stops are located on East Country Club Drive, West
Country Club Drive and on the northeast corner of Biscayne Boulevard and NE
213th Street in Aventura. Aventura is home to a Hispanic population of 44.6%. Of
the total population (38,930), 43.8% of COA residents reported speaking English
less than very well. The census data does not provide information concerning
COA residents who may speak a language other than English or Spanish.
Given that COA does not provide public transportation services in connection
with its receipt of FTA funding, which funding was utilized to construct two bus
shelters, with respect to the second and third factors, it is difficult to ascertain the
frequency with which LEP persons come into contact with the bus shelters or the
nature and importance of the bus shelters to people's lives. Based upon the
Census Bureau data, because COA has a considerable LEP population that
presumable speaks Spanish, documents may be translated into Spanish, as
needed.
Department of Transportation and Public Works(DTPW)
OFFICE OF CIVIL RIGHTS MUNICIPALITY INFORMATION SHEET CALVII-DikekliDoE
TITLE VI PROGRAM (FTA C 4702.1B) COUNTY
YEARLY UPDATE
Municipality Name City of Aventura 1/26/2024
Address 19200 W.Country Club Drive,Aventura, FL 33180
Contact Person &Title Heath Papkov,Capital Projects Manager
Contact Numbers 305-466-8923
e-mail address papkovhCa)cityofaventuracom Fax
Legal Status of Organization Corporation/Municipality
TITLE VI DEFINITION-Title VI of the Civil Rights Act of 1964 as amended states"No person in the United States shall,on the grounds of race,
color or national origin,be excluded from,participation in,or be denied the benefits of,or be subjected to discrimination under any program,or
activity receiving Federal financial assistance."
ENVIRONMENTAL JUSTICE DEFINITION-When municipalities plan or program activities that could potentially have a disproportionately high or
adverse impact on human health or the environment,recipients should include explicit consideration of the effects on minority populations and
low income populations,
REQUIREMENTS(FTA 4702.1B) YES NO NOTES
Title VI statement clearly posted within dwelling or on
company website indicating organization's YES
commitment to providing non-discriminatory services
and how to file a Title VI discrimination complaint. The Title VI Notice is posted in the City Government Center
lobby and on its website.
Tracking system in place to monitor Title VI
complaints,as well as a system in place to monitor YES
active Title VI investigations.
Does municipality collect demographic data? YES Census Bureau
Has municipality conferred with DTPW prior to
completing a four factor analysis?
If answer is NO,what other ways does the municipality NO
provide meaningful access to the population they
serve(provide answer in NOTES section).
Does municipality monitor(every 3 years)the level and
quality of service within predominantly minority areas YES
to ensure equitable treatment.
REQUIREMENTS YES NO NOTES
Does municipality have transit related,non-elected
planning boards,advisory councils or committees,or
similar bodies selected by municipality?
IF YES,please attach a copy of a table depicting the
racial breakdown of the membership of the committee NO
and a description of efforts made to encourage
participation of minorities on committees or councils.
If NO,submit a statement indicating there is NO SUCH
TRANSIT-RELATED,NON-ELECTED PLANNING
BOARDS,ADVISORY COUNCILS OR COMMITTEES.
No such transit related, non elected planning boards,
advisory boards or committees
Does municipality plan to raise fares within the next 3 NO
years?
Does municipality confer with MDT prior to siting or
location of facility (vehicle storage facilty,
maintenance facility or operations center)which
requires land acquisition and/or the displacement of NO The City contracts out its shuttle service.
persons from their residences and businesses for
which a NEPA process has not been completed? A
'facility does not include bus shelters,transit stations
or power substations.
Does municipality confer with DTPW prior to
submitting their Public Participation plan? IF YES,
NO
does plan include an outreach plan to engage
traditionally underserved persons?
Does municipality confer with DTPW prior to making NO
service adjustments to current system operations?
Does municipality confer with DTPW prior to making a
decision to prepare an Environmental Assessment
(EA)and an Environmental Impact Statement(EIS) NO
when considering new projects?
Does municipality confer with DTPW prior to
determining whether to notice or involve the public YES
when considering proposed Title VI related
programs/projects?
When considering Title VI related programs/projects,
does municipality confer with DTPW to ensure all YES
requirements from(FTA C 4702.1B)are adhered to
prior to completion?
ADDITIONAL INFORMATION
PLEASE ATTACH A COPY OF ALL INFORMATION
REQUESTED AND SUBMIT IT ALONG WITH THE
CHECKLIST.
Please Note that the Municipality is Responsible for
IMMEDIATELY notifying DTPW of any changes
regarding plans for Service,Fares,Enviornmental
Assessments,Sitings/Locations,Title VI Related
Programs and Projects prior to rendering a decision.
CITY OF AVENTURA
Title VI Non-Discrimination Program
Complaint of Discrimination
Complainant (s) Name: Complainant (s) Address:
Nombre(s)de(los)Reclamante(s): Direcci6n(es)de(los)Reclamante(s):
Complainant (s) Phone Number:
Numero(s)de telefono de(los) Reclamante(s):
Complainant's Representative's Name, Address, Phone Number and Relationship (e.g.friend, attorney, parent, ect);
Nombre del representante del Reclamante, direcci6n, telefono y relaci6n(por ejemplo amigo, abogado,padre, etc.):
Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You:
Nombre y direcci6n de la agencia, instituci6n o departamento que usted alega discrimin6 en su contra:
Names of the Individual (s) Whom You Allege Discriminated Against You )If Known):
Nombre(s)de(los)individuo(s)que usted alega discriminaron en su contra(si to sabe):
I believe the discrimination I ❑ Race Raza Date of Alleged Discrimination:
experienced was based on Fecha de la supuesta discriminaci6n:
(check all that apply): ❑ Color Color
Creo que la discriminaci6n
que yo experimente fue basada en ❑ National Origin
(marque todos los que apliquen): Origen Nacional
Mail to: Envie por correo a:City of Aventura: Heath E. Papkov 19200 W.Country Club Dr.,Aventura, FL 33180
This form may also be faxed to:Este formularo tambien se puede enviar por fax a:305-466-3277
City of Aventura has 180 days from receipt of form to complete investigation and issue findings.
City of Homestead Trolley tiene 180 dias desde que recive la forma para completar la investigaci6n y comunicar los resulatdos.
Page 1 of 2
CITY OF AVENTURA
Title VI Non-Discrimination Program
Complaint of Discrimination
Please list the name(s) and phone number(s) of any person, if known, that Aventura Shuttle Service could contact for
additional information to support or clarify your allegation(s).
Por favor enumere el(los) nombre(s) y telefono(s) de cualquier persona, si sabe, que Transporte de Miami-Dade podria contactar
para obtener informacion adicional para respaldar o aclarar to que usted alega.
Please explain as clearly as possible how, why, when and where you believe you were discriminated against. Include as
much background information as possible about the alleged acts of discrimination. Additional pages may be attached if
needed.
Por favor explique to mas claramente posible c6mo, por que, cuando y d6nde tree usted que discriminaron en su contra. Incluya la
mayor cantidad de information de segundo plano posible acerca de los supuestos actos de discriminaci6n. Puede agregar paginas
adicionales si es necesario.
Complainant(s) or Complainant(s) Representatives Signature: Date of Signature:
Firma de(los) Reclamante(s)o de los representantes de(los)Reclamante(s): Fecha de la firma:
Page 2 of 2
Heath Papkov
From: Curtis,Yvette (DTPW) <Yvette.Curtis@miamidade.gov>
Sent: Thursday,January 25, 2024 11:46 AM
To: Tony Tomei
Cc: Rowan,James (DTPW); Labranche, Cindy(DTPW)
Subject: TITLE VI Municipality Update Form
Attachments: TITLE VI Municipality Update Form.xlsx
Good morning,
Participating Municipality, the City of Aventura,
Mr. Tomei, In accordance with the Federal Transit Administration(FTA)legislation for sub-recipients of
funding received through the American Recovery and Reinvestment Act(ARRA)Economic Stimulus Grant,
"non-discriminatory use of Federal funds by recipients of FTA assistance including their sub-recipients and
contractors is prohibited."
In compliance with the FTA reporting requirements,the Department of Transportation and Public Works
(DTPW) Office of Civil Rights and Labor Relations (OCR/LR) is responsible for ensuring that each
participating municipality is in compliance with Title VI of the Civil Rights Act of 1964. Specifically,the Title
VI Act of 1964 states, "No person in the United States shall, on the grounds of race, color or national origin,be
excluded from,participation in, or be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance." Furthermore, federally supported transit services
and related benefits must be distributed in an equitable manner.
Please note that per the federal requirements outlined in FTA C 4702.1B, your municipalities Title VI program
will be reviewed annually. As a result, see the attached YEARLY UPDATE TITLE VI Municipality
Information Sheet Form which is to be submitted to the DTPW Office of Civil Rights and Labor Relations
(OCR-LR) by Friday, April 5,2024.
Should you require further infoirnation regarding the attached YEARLY UPDATE TITLE VI Municipality
Infoimation Sheet Form,please contact me at Yvette.Curtis@miamidade.gov.
Please contact me should you require further assistance.
Thank you and have a great day,
YVETTE D. CURTIS,Personnel Specialist 1
Department of Transportation and Public Works
Office of Civil Rights and Labor Relations
701 N.W. 1st Court Suite 1700,Miami,Florida 33136
Phone: 786-469-5477 I Fax: 786-469-5589
Email: Yvette.Curtis miamidade.gov
i
TITLE VI/ NONDISCRIMINATION ASSURANCE
City of Aventura
Pursuant to Section 9 of US DOT Order 1050.2A, the
assures the Florida Department of Transportation (FDOT) that no person shall
on the basis of race, color, national origin, sex, age, disability, family or religious
status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights
Restoration Act of 1987, the Florida Civil Rights Act of 1992 and other
nondiscrimination authorities be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination or retaliation under any
program or activity.
City of Aventura
The further assures FDOT that it will undertake the
following with respect to its programs and activities:
1. Designate a Title VI Liaison that has a responsible position within the
organization and access to the Recipient's Chief Executive Officer.
2. Issue a policy statement signed by the Chief Executive Officer, which
expresses its commitment to the nondiscrimination provisions of Title VI.
The policy statement shall be circulated throughout the Recipient's
organization and to the general public. Such information shall be
published where appropriate in languages other than English.
3. Insert the clauses of Appendices A and E of this agreement in every
contract subject to the Acts and the Regulations
4. Develop a complaint process and attempt to resolve complaints of
discrimination against sub-recipients. Complaints against the Recipient
shall immediately be forwarded to the FDOT District Title VI Coordinator.
5. Participate in training offered on Title VI and other nondiscrimination
requirements.
6. If reviewed by FDOT or USDOT, take affirmative action to correct any
deficiencies found within a reasonable time period, not to exceed ninety
(90) calendar days.
7. Have a process to collect racial and ethnic data on persons impacted by
your agency's programs.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all federal funds, grants, loans, contracts, properties,
discounts or other federal financial assistance under all programs and
activities and is binding. The person whose signature appears below is
authorized to sign this assurance on behalf of the Recipient.
Dated
C ief Executive Officer
C( l
1
APPENDICES A and E
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the"Contractor") agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
(2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract,
shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion
or family status in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment:
In all solicitations made by the Contractor, either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of
equipment; each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race, color, national origin, sex, age, disability, religion or family status.
(4.) Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)
through (7) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
2
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, the Contractor may
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, and, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.),
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973,
(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability);
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of
1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race,
creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209),
(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income Populations, which
ensures non-discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations; Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
3
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: February 2, 2024
SUBJECT: RFP # 23-08-25-2 Facilities Condition Assessment Services
February 6, 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 Walker Consultants, the top-ranked proposer for Facilities
Condition Assessment Services, in an amount not to exceed $89,050. The City of
Aventura intends to perform facility assessments to identify and document components
of building systems with physical defects that are visually observable, expected lifespan
expirations and assign a rough order of magnitude cost and priority for their repair.
BACKGROUND
The City of Aventura (the "City") issued a Request for Proposals (RFP) on July 21, 2023.
The RFP was posted to the City's website and Notice Board, and DemandStar. A non-
mandatory pre-bid meeting was held on August 2, 2023 for interested proposers where a
bid summary was given.
On September 11, 2023, seven (7) proposals were received from the following firms listed
in alphabetical order:
• Bureau Veritas Technical Assessments LLC
• ISES Corporation
• Kimley-Horn and Associates, Inc.
• Nelson Engineering Co
• Terracon Consultants, Inc.
• Universal Engineering Sciences
• Walker Consultants
The Evaluation Committee was appointed by the City Manager and comprised of the
following:
Jake Ozyman, Director of Public Works/Transportation, City of Aventura
Frank Galletti, Facilities Manager, City of Aventura
Paul T. Abbott, Consultant, HPF Associates, Inc.
Procurement performed a due diligence review of the proposals and found all three
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 provide 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 Evaluation Committee was provided with the proposals and on November 15, 2023,
met to discuss, review, score and rank the proposals, and a shortlist was established as
follows:
Bureau Veritas Technical Assessments, LLC
Nelson Engineering Co.
Walker Consultants
On November 28, 2023 the shortlisted firms were interviewed and a final ranking was
established as follows:
Firm Rank
Walker Consultants #1
Bureau Veritas Technical Assessments, LLC #2
Nelson Engineering Co. #3
The staff met with Walker Consultants, reviewed the scope of work, and negotiated fee
for the services as follows:
No. Facility Name Function Square Cost
Footage
1 Government Center Administration/Policy 75,658 $15,370
2 Government Center Garage Parking Garage 87,100 $8,650
3 Community Recreation Center Recreational 22,244 $9,810
4 ACES-Elementary School Elementary School 48,272 $8,650
5 ACES-Middle School Middle School 37,758 $8,650
6 Arts & Cultural Center Recreational 14,864 $6,870
7 High School High School 53,418 $8,650
8 High School Gym High School 63,668 $6,970
9 Waterways Park Building Recreational 4,140 $2,990
10 Waterways Guard House Recreational 42 $680
11 Founders Park North Building Recreational 1,030 $2,150
12 Founders Park North Guard House Recreational 47 $680
13 Founders Park Splash Pad Building Recreational 274 $890
14 Founders Park South Building Recreational 613 $890
15 Peace Park Restroom Recreational 64 $680
16 Veterans Park Restroom Recreational 64 $680
Total $83,260
JO/gf
Attachment
J024004
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, SELECTING WALKER CONSULTANTS FOR FACILITY CONDITION
ASSESSMENT SERVICES PURSUANT TO REQUEST FOR PROPOSAL NO.
23-08-25-2; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; 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 Proposal No.
23-08-25-2 (the "RFP") for Facility Condition Assessment Services ("Services"); and
WHEREAS, seven sealed proposals were received by the RFP deadline; and
WHEREAS, on November 28, 2023, an Evaluation Committee appointed by the
City Manager evaluated the proposals and ranked Walker Consultants (the "Contractor")
as the highest ranked firm; and
WHEREAS, the City Manager recommended that the Contractor be selected to
provide the Services as further defined 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.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
City of Aventura Resolution No. 2024-
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 001-5401-541-4620.
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 6t" day of February 6, 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
110 SE 6th Street,Suite 1420
WALKER Fort Lauderdale, FL 33301
CONSULTANTS
954.887.1237
walkerconsultants.com
January 30, 2024
Mr.Jake Ozyman, PE, PMP
Public Works &Transportation Director
City of Aventura
19200 W Country Club Drive
Aventura, FL 33180
Re: Proposal for Facility Condition Assessment Reports
Facilities Condition Assessment Services, City of Aventura, RFP#23-08-25-2
Aventura, Florida
Walker Project Number:28-001139.00
Dear Mr. Ozyman:
Walker Consultants (Walker) is pleased to submit to the City of Aventura our proposal for a Facility Condition
Assessment Report for parks and community facilities in Aventura, Florida.
Walker Consultants provides Facility Condition Assessments (FCAs) and reports for a variety of clients.Aimed at
building owners, developers, and investors who wish to gain an understanding of a facility's condition prior to a
potential real estate or financial transaction, the FCA outlines the overall condition of the facility, as well as the
property's general compliance with the Americans with Disabilities Act(ADA). We pride ourselves in having
provided clients with creative and practical solutions on thousands of projects. Our proven commitment to
meeting clients' needs has resulted in over 85% of our work being received from repeat clients.We look forward
to this opportunity to work with the City of Aventura.This proposal provides our understanding of the project,
project objectives, description of our proposed Scope of Services, schedule, professional fee, and Conditions of
Agreement.
WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 2
Project Understanding
No. Facility Name Address Function Square Footage
1 Government Center 19200 W Country Club Dr Administration/Policy 75,658
2 Government Center Garage 19200 W Country Club Dr Parking Garage 87,100
3 Community Recreation Center 3375 NE 1881"St Recreational 22,244
4 ACES-Elementary School 3333 NE 1881"St Elementary School 48,272
5 ACES-Middle School 3333 NE 1881"St Middle School 37,758
6 Arts&Cultural Center 3385 NE 1881"St Recreational 14,864
7 High School 3151 NE 2131"St High School 53,418
8 High School Gym 3152 NE 2131"St High School 63,668
9 Waterways Park Building 3301 NE 2131"St Recreational 4,140
10 Waterways Guard House 3301 NE 2131"St Recreational 42
11 Founders Park North Building 3105 NE 1901"St Recreational 1,030
12 Founders Park North Guard 3105 NE 1901"St Recreational 47
House
13 Founders Park Splash Pad Building 3105 NE 1901"St Recreational 274
14 Founders Park South Building 3106 NE 1901"St Recreational 613
15 Peace Park Restroom j 3200 NE 1881"St Recreational 64
16 Veterans Park Restroom 18375 NE 315t Ave Recreational 64
Scope of Services
Walker will perform a Base Facility Condition Assessment with ADA Uniform Abbreviated Screening Checklist in
general accordance with ASTM E2018-15. Any cost less than $3,000 minimum term cost will be considered as part
of operational cost and will not be included in our report.Assessment time frame is 10 years.
More specifically,we propose the following scope of services:
1. General FCA: Our Scope of Services will be in general accordance with ASTM E 2018—15, Standard Guide
for Property Condition Assessments:Baseline Property Condition Assessment Process and Walker's
Proposal. Walker personnel will visit the Property and conduct a walk-through survey to observe material
systems and components and identify physical deficiencies and any unusual features.Specific items of the
material building systems and components will include site, structure framing and building envelope,
roofing, plumbing, heating, air conditioning, electrical, life safety fire protection,vertical transportation,
interior elements, and general accessibility requirements.The scope also includes limited interviews with
onsite personnel, select tenants and/or a designated site contact, and review of publicly available
documents (base building certificate of occupancy, outstanding recorded material building and fire code
violations and zoning information).
2. Immediate Costs as defined byASTM E2018—1S: Document visually exposed items that require
immediate action as a result of any of the following: (1) material existing hazardous conditions, (2)
WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 3
material building or fire code violations, or(3) physical deficiencies that if left uncorrected would be
expected to result in or contribute to critical element or system failure within one year or results in a
significant escalation of its remedial cost.
3. Term Costs(during the Evaluation Period and as defined by ASTM E2018—15): Document visually
exposed items with physical deficiencies, such as deferred maintenance, which may not warrant
immediate attention, but require repairs or replacements that should be performed on a priority basis in
addition to routine preventive maintenance. Conditions that require repairs with a cost less than the
agreed minimum term cost are considered to be operational cost and are generally not included in the
Term Cost Table.
4. General Property Information:A Questionnaire will be provided to the client prior to our site visit
requesting information regarding the property.The questionnaire should be completed by personnel
knowledgeable about the site and familiar with maintenance records, prior repairs, if any, and known
distress or deficient conditions at the property.The completed Questionnaire may be reviewed with the
appropriate property representatives during the site visit. Document copies requested within this
Proposal and by the Questionnaire may be retained by Walker.The FCA Report may include brief
references to available and materials that are furnished to us, including information obtained through
interviews with the tenant representatives, property manager and/or maintenance personnel having
appropriate knowledge of the property.
5. Field Observations: Perform field observations limited to visible and readily accessible areas and do not
include in-depth, invasive, or destructive assessment of any building system or component. If during our
field observations we identify conditions that may require additional investigation and/or testing, we will
notify you prior to performing any additional services. Our field observations are limited to exposed
visible conditions without the need for any special equipment for up-close access. Also, our field
observations scope does not include performing any inspection openings or field testing. We request that
a maintenance staff or a building engineer familiar with this property and its maintenance/repair history
accompany us during our walk-through of the property.
6. Site: Note the general condition of site infrastructure and improvements which include site utilities,
drainage, paving, sidewalks, lighting, and landscaping.
Assessment of any recreational equipment and associated supporting structures is not included.
7. Structural Framing: Identify the general structural systems and note visible conditions that may suggest
possible structural defects or deteriorations. No structural calculations will be performed, and a complete
structural design review is not included in our scope of services.
8. Building Envelope: Observe and assess the type and condition of visually exposed and accessible materials
used in construction of the exterior building envelope. Our observations will include the exterior walls,
windows, doors, sealants, trim, and siding for overall condition and noted issues as to moisture
infiltration. Our assessment will be performed from the ground or roof.A forensic review of the exterior
WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 4
wall systems, if desired by the Client, can be performed as additional services and will be performed
under a separate agreement.
9. Roofing: Describe exposed roofing system(s) and related exposed components and provide an
assessment of general conditions based on our observations. We will attempt to observe the underside of
the roof system where exposed and representative attic spaces for evidence of leaks or distress.We will
not walk, or access pitched or steeply sloped roofs. It is the Client responsibility to confirm access to low-
slope roofs,which may require OSHA-approved portable ladders, as required.
10. Mechanical, Electrical, and Plumbing(MEP): Observe representative MEP equipment, record the types of
systems, and report the operational condition. Our observations will be the basis for recommend
replacements and/or repairs. No equipment will be dismantled, operated, or tested by Walker.
Walker will not assess commercial kitchen equipment.
11. Life Safety/Fire Protection Systems:Observe and identify the type of systems utilized for the property,
including fire alarms; sprinkler systems;fire extinguishers; smoke detectors; and emergency egress
lighting and signage.We will report on outside monitoring and service contracts and the inspection
history of these systems when reported.
12. Vertical Transportation: Observe and/or identify the type of systems in use, maintenance or service
contractor and report the operating condition. Our observations will be the basis for recommend
replacements and/or repairs.
13. Interior Finishes: Observe finishes and condition of common areas and a representative sampling of
tenant spaces and comment on needed replacements and/or repairs. Assessment is subject to access
provided. Walker will not assess fitness equipment.
14. Americans with Disabilities Act(ADA): Review the accessibility of public areas of the site and buildings as
defined by the American with Disabilities Act of 1990 (ADA) and subsequent revisions. Observations of
site and building public areas will be performed to note general conformance with applicable
requirements. Walker will utilize the Uniform Abbreviated Screening Checklist for the 2010 ADA found in
ASTM E2018-15 format as the basis of our review.
We will include an Accessibility Improvement Cost Estimate Table. Costs in this table typically do not
consider design, permitting or specialist consultant costs, or local code requirements.
15. Limited Local Agency Review: Walker will submit Freedom of Information Act requests to the local
Authority Having Jurisdiction to request a base building certificate of occupancy, outstanding building and
fire code violation information, and zoning information. Requests will typically be via email or on-line
municipal information request forms. If significant code deficiencies are noted, general recommendations
for modifications or additional assessment will be provided and may include an opinion of cost. Flood and
seismic zone information for the subject property will be noted.
WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 5
Responses to requests for information from government agencies and/or commercial databases may not
be received in a timely fashion for inclusion in our report and will be forwarded to the Client if deemed
significant.
16. Opinions of Probable Cost: Data obtained from Tasks 1 thru 15 will be utilized to develop opinions of
probable cost for recommended Immediate,Term and Accessibility conceptual repairs.The opinions of
cost will be provided in an exportable table format.
17. Written Report:A written FCA report of our findings, representative photos, conceptual repair
recommendations, and opinions of probable cost.The FCA Report will be prepared for the exclusive use
and reliance of the Client. No other party can rely on this Report without the written authorization of
both the Client and Walker.
Limitations
Our report will contain the professional opinions of Walker Consultants based on the conditions observed as of
the date of our site visit and documents made available to us by Client. This report is believed to be accurate
within the limitations of the stated methods for obtaining information.
We will provide our opinion of probable costs from visual observations. The opinion of probable repair costs is
based on available information at the time of our assessment and from our experience with similar projects.
There is no warranty to the accuracy of such cost opinions as compared to bids or actual costs.This condition
assessment and the recommendations therein are to be used by Client with additional fiscal and technical
judgment.
It should be noted that our recommendations are conceptual in nature and do not represent changes to the
original design intent. As a result,this report does not provide specific repair details or methods, construction
contract documents, material specifications, or details to develop the construction cost from a contractor.
Based on the proposed scope of services, the assessment will be based on certain assumptions made on the
existing conditions. Some of these assumptions may not be verifiable without expanding the scope of services or
performing more invasive assessment procedures. If needed, more detailed and invasive testing may be
proposed by Walker Consultants as an additional service upon written request from Client.
The recommended repair concepts outlined will represent current generally accepted technology. The provided
report will not provide any kind of guarantee or warranty on our findings and recommendations. Our assessment
will be based on and limited to the agreed scope of work. We do not intend, suggest, or imply that our
observation will or can discover or disclose latent conditions or will consider all possible improvement or repair
concepts.
Similarly, we will not review or evaluate the property for the presence of hazardous materials including, but not
limited to, asbestos and PCB.
Note that a Draft Report, if part of the scope, may differ from the Final Report based on continued consideration
of information and changes to our conclusions and recommendations.
�. WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 6
Schedule
Walker is prepared to commence the services described above within 20 days after receiving your formal
authorization to proceed. We anticipate that the field observations will be performed in a single 7-day visit.
Our draft reports will be provided within 30 business days of our site visit.
This schedule assumes that site access can be obtained within the timeframes noted above after receiving your
written authorization to proceed.
In order to help meet this schedule, please provide the site contact information including contact name, phone
number and email.
Name of Site Contact:
Phone Number:
Email:
Access and Information Request
1. To facilitate our site visit, the following items are requested:
2. Appropriate staff member(s) or knowledgeable party with access to all areas and roofs should accompany
us during our visit.
3. Prior to our site visit, arrange access as necessary to conduct our assessment.
4. Provide access to observe major systems and equipment as noted in our scope of services.
5. Provide access to all types of spaces, including but not limited to tenant areas, common areas,
maintenance and back-of-house areas, garages, representative attic spaces under sloped roofs (provide
all OSHA-approved portable ladders as needed), crawl spaces and basements.
6. Provide access to all low-slope roof areas.This may include OSHA-approved portable ladders as needed,
OR arrange for your roofer to be on-site, if necessary. Unlock roof hatches.
Prior to our site visit, please provide us with copies of the following if reasonably available:
1. Offering Memorandum.
2. Certificate(s) of Occupancy related prior reports or investigations, inspection reports and/or inspection
certificates.
3. Geotechnical Report.
4. As-Built construction drawings.
5. Dwelling Unit Plans (multifamily), leasing plans (retail and office), schematic site plan, Rent Roll, recent
capital expenditures or projects, planned capital projects and budgets, and proposals for major capital
expenditures.
6. Warranties in effect on major systems and equipment.
WALKER Proposal for Facility Condition Assessment
CONSULTANTS Prepared for the City of Aventura, Florida
January 30, 2024
Page 7
Professional Fee
Walker will perform the scope of services outlined above for a lump sum fee as listed below, including
reimbursable expenses.The terms and conditions shall be in accordance with the attached General Conditions of
Agreement.
No. Facility Name Fee
1 Government Center $ 15,370
2 Government Center Garage $8,650
3 Community Recreation Center $9,810
4 ACES-Elementary School $8,650
5 ACES-Middle School $8,650
6 Arts&Cultural Center $6,870
7 High School $8,650
8 High School Gym $6,970
9 Waterways Park Building $2,990
10 Waterways Guard House $680
11 Founders Park North Building $2,150
12 Founders Park North Guard House $680
13 Founders Park Splash Pad Building $890
14 Founders Park South Building $890
15 Peace Park Restroom $680
16 Veterans Park Restroom $680
Total Lump Sum Fee: $83,260
WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 8
Walker is dedicated to providing our clients with Engineering Services that meet project requirements and
deadlines. If you should have any additional questions, please do not hesitate to call, or email us.
Sincerely,
WALKER CONSULTANTS
S Fier booree, PE Armando Alvarez, PE
Director of Operations Senior Consultant
Enclosures General Conditions of Agreement
Authorization
Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your
acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one
signed original of this agreement for our records.
City of Aventura, Florida
Accepted by(Signature)
Printed Name
Title
Date
WALKER Proposal for Facility Condition Assessment
CONSULTANTS Prepared for the City of Aventura, Florida
January 30, 2024
Page 9
General Conditions of Agreement for Consulting Services
Services
Walker Consultants ("Walker") will provide the Client professional services that are limited to the work described
in the attached letter(the "services").Any additional services requested will be provided at our standard hourly
rates or for a mutually agreed lump sum fee.The services are provided solely in accordance with written
information and documents supplied by the Client and are limited to and furnished solely for the specific use
disclosed to us in writing by the Client. No third-party beneficiary is contemplated.
Payment for Services
Monthly Invoices
Walker will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable
expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized
equipment, photographs and renderings, document reproduction, postage and delivery costs, communications
charges, additional service consultants, and other project related expenses.
Payment is due upon receipt of invoice. If for any reason the Client does not pay Walker within thirty(30) days of
date of invoice,Walker may, at its option, suspend or withhold services.The Client agrees to pay Walker a
monthly late charge of one and one-half percent(1.5%) per month of any unpaid balance of the invoice.
Payment Method
Walker's preferred method of payment is ACH.All payments should be made electronically to:
Truist Bank
ABA Routing Number 0210S20S3
Credit to the account of-Walker Consultants
Account Number 79S92337
Period of Service
In the event that no contract administration phase services are to be provided by Walker, services shall be
completed the earlier of(1)the date when final documents are accepted by the Client or(2)thirty days after final
documents are delivered to the Client. If contract administration phase services are provided by Walker, services
shall be complete upon the earlier of(1)the time of approval by Walker of final payment to the contractor or(2)
thirty(30) days after completion of the work designed by Walker.
Standard of Care
Walker will perform the services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances at the same time and in the
same or similar locality. Walker makes no warranty, express or implied, as to its professional services under this
agreement.
WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 10
Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the
Client. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent
uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results
and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as
to the accuracy of the estimates or projections.
Limitation of Liability
To the maximum extent permitted by law, the Client agrees to limit Walker's liability for the Client's damages to
the sum of$10,000 or Walker's fee, whichever is greater.This limitation shall apply regardless of the cause of
action or legal theory pled or asserted.
Indemnification
Walker agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers,
directors, and employees (collectively, Client) against all damages or liabilities, to the extent caused by Walker's
negligent performance of professional services under this Agreement and that of its subconsultants or anyone for
whom Walker is legally liable.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Walker, its officers,
directors, employees, and subconsultants (collectively Walker) against all damages or liabilities, to the extent
caused by the Client's negligent acts, errors, or omissions in connection with the Project as well as the acts,
errors, or omissions of its contractors, subcontractors, or consultants or anyone for whom the Client is legally
liable.
Neither the Client nor Walker shall be obligated to indemnify the other party in any manner whatsoever for the
other party's own negligence or for the negligence of others.
Ownership of Documents
Walker shall retain ownership of all reports, drawings, plans, specifications, electronic files, field data, notes,
calculations, and other documents and instruments prepared by Walker as instruments of service. Walker shall
retain all common law, statutory, and other reserved rights, including, without limitation, all copyrights thereto.
Any use for modifications or extensions of this work, for new projects, or for completion of this project by others
without Walker's written consent will be at the Client's sole risk.
Consequential Damages
The Client and Walker waive consequential damages for claims, disputes, or other matters in question, arising out
of or relating to this Agreement.
Dispute Resolution
This Agreement shall be governed by the laws of the Commonwealth, District, or State of the office performing
Walker's services. In addition to, and as a condition precedent to litigation, the Client and Walker shall endeavor
to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties
�. WALKER Proposal for Facility Condition Assessment
CON $ U L T A N T S Prepared for the City of Aventura, Florida
January 30, 2024
Page 11
mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its
Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall
be made in writing, delivered to the other party to this Agreement, and filed with the person or entity
administering the mediation.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the locality of
the Walker office performing services under this Agreement.
Non-Solicitation Clause
The Client agrees that it will not directly or indirectly solicit for employment any Walker employee providing
services on behalf of Client for a period of two years after the date of this agreement. Client agrees that a breach
of this provision would have material and adverse impacts on Walker's business and Client therefore agrees to
pay Walker an amount equal to two times the annual salary of any employee of Walker who accepts a position
with Client within such two-year period, in addition to all other rights and remedies available to Walker.
Proprietary Information
The information contained in this proposal is confidential, privileged, and only for the Client and may not be
shared, published, or redistributed without prior written permission from Walker Consultants.
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
ij
FROM: Robert Meyers, City Attorney
DATE: February 2, 2024
SUBJECT: A Resolution of the City Commission to Authorize Participation in a
Lawsuit Challenging the Provisions of Florida Law Requiring
Municipal Elected Official to File Form 6 Financial Disclosure Forms is
Unconstitutional
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended the City Commission approve a resolution authorizing the participation
of the City and of individual members of the Commission who choose to participate in a
lawsuit challenging the provisions of Florida law that require municipal elected officials to
file Form 6 financial disclosure forms and authorize Weiss Serota Helfman Cole +
Bierman to represent the City in this litigation.
BACKGROUND
Since 1976, Article II, Section 8 of the Florida Constitution has required that all elected
State constitutional officers file a full and public disclosure of their financial interests,
which is done through a state-adopted form ("Form 6") that requires, among other things,
the disclosure of the specific amounts of an official's net worth, income and asset values.
Historically, municipal elected officials have been required to make a more limited
financial disclosure that is done through a different state-adopted form ("Form 1") that
requires, among other things, the disclosure of information related to sources of income,
real property, intangible personal property liabilities and interests in specified businesses,
but does not include the specific amounts of an official's net worth, income and asset
values. During the 2023 legislative session, Senate Bill 774 was passed and codified at
Law of Florida 2023-09, amending Fla. Stat. §112.3144, to change the financial disclosure
requirements and now requires that all elected municipal mayors and elected members
of the governing board file a Form 6 financial disclosure, which is substantially more
burdensome and personally intrusive than the Form 1.
This resolution will authorize the City, and individual elected officials who so choose, to
participate in a lawsuit seeking a declaration that the provisions of Section
112.3144(1)(d), Florida Statutes, that requires municipal elected officials to file Form 6
financial disclosure forms are unconstitutional and invalid and should be enjoined.
Fiscal Impact
There is a slight impact on the budget as the initial cost to join the lawsuit is a flat fee of
$10,000, inclusive of fees and costs. The filing of any appeals will be authorized by
separate resolution under the terms thereof.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; AUTHORIZING PARTICIPATION IN A LAWSUIT
SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION
112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL
ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE
FORMS IS UNCONSTITUTIONAL AND INVALID; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since 1976, Article 11, Section 8 of the Florida Constitution has
required that all elected State constitutional officers file a full and public disclosure of their
financial interests, which is done through a state-adopted form ("Form 6") that requires,
among other things, the disclosure of the specific amounts of an official's net worth,
income and asset values; and
WHEREAS, historically, municipal elected officials have been required to make a
more limited financial disclosure that is done through a different state-adopted form
("Form 1") that requires, among other things, the disclosure of information related to
sources of income, real property, intangible personal property liabilities and interests in
specified businesses, but does not include the specific amounts of an official's net worth,
income and asset values; and
WHEREAS, the Mayor and all current elected members of the City of Aventura
(the "City Elected Officials") were elected by the voters of the City subject to and in
reliance upon Florida law that required the Mayor and Commissioners to annually file
Form 1 (not Form 6) financial disclosure forms; and
WHEREAS, although the State Legislature has the power in the Florida
Constitution to require that additional public officers file a full and public disclosure of their
financial interests, it must do so consistent with other constitutional limitations; and
WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by
adopting Article 1, Section 23, the "Right to Privacy," which states that "[e]very natural
person has the right to be let alone and free from governmental intrusion into the person's
private life except as otherwise provided herein"; and
WHEREAS, because the right of privacy is a fundamental right within Florida's
Constitution, the Florida Supreme Court has consistently required that any law intruding
on the right is presumptively unconstitutional and must be justified by a "compelling state
interest" which the law serves or protects through the "least restrictive means;" and
City of Aventura Resolution No. 2024-
WHEREAS, the First Amendment to the United States Constitution, and Article 1,
Section 4 of the Florida Constitution, protects the freedom of speech, which includes the
right to choose what to say and what not to say, any impairment of which must be justified
by a "compelling state interest" which the law serves or protects through the "least
restrictive means;" and
WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and
codified at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the
financial disclosure requirements and now require that all elected municipal mayors and
elected members of the governing board file a Form 6 financial disclosure, which is
substantially more burdensome and personally intrusive than the Form 1; and
WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal
level (a) represents an unwarranted intrusion into the privacy rights of municipal elected
officials, most of which receive little or no compensation for their service, (b) unnecessarily
risks the safety of such officials (making them targets of, among other things, burglary,
identity theft and extortion), and (c) will deter many otherwise qualified and interested
citizens from running for office; and
WHEREAS, in fact, many municipal officials resigned from office prior to December
317 2023, as a result of the new disclosure requirements, disrupting the ability of some
local governments to operate for lack of a quorum; and
WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the
municipal level is not the least restrictive means of serving the governmental interests of
preventing abuse of the public trust, as demonstrated by, among other things, the lack of
such requirements at the municipal level in other states and at the federal level (even the
President of the United States and members of the U.S. Congress are not required to
make such extensive disclosures); and
WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose
their precise net worth, income and assets does not serve (let alone constitute the least
restrictive means of serving) any compelling interest — Form 1 disclosures constitutes
sufficient transparency to inform the public of potential conflicts; and
WHEREAS, the imposition of new financial disclosure requirements upon
municipal elected officials who were elected without such requirements violates due
process, is fundamentally unfair and violates fundamental constitutional rights; and
Page 2 of 4
City of Aventura Resolution No. 2024-
WHEREAS, the City desires to participate in a lawsuit seeking a declaration that
the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected
officials to file Form 6 financial disclosure forms are unconstitutional and invalid and
should be enjoined (the "Lawsuit"); and
WHEREAS, the City Commission believes it is in the best interest of the citizens
and residents of the City to participate in the Lawsuit and urges other municipalities and
their elected officials to also participate as plaintiffs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The above Recitals are true and correct and are incorporated herein
by this reference.
Section 2. The City Commission hereby authorizes the participation of the City,
and any of the individual Members of the Commission who choose to participate as
plaintiffs, in a lawsuit seeking declaratory, injunctive and other appropriate relief
challenging the provisions of Section 112.3144(1)(d), Florida Statutes, that require
municipal elected officials to file Form 6 financial disclosure forms, based upon any
appropriate legal theories, including those set forth above, subject to the participation of
at least ten municipalities.
Section 3. Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is hereby
retained to represent the City in this litigation. The Firm will charge the City a flat fee,
inclusive of attorneys' fees and costs, of$10,000 to represent the City and the individual
elected officials who choose to participate as plaintiffs, for the litigation in the trial court.
The City and elected officials recognize that such flat fee may be less than the actual
attorneys' fees and costs incurred, and that if the City and elected officials prevail in the
Lawsuit, the Firm may apply with the Court for its actual reasonable attorneys' and costs
from the defendants. The filing of any appeals will be authorized by separate resolution
under the terms thereof. The City and its elected officials also acknowledge that the Firm
will be representing other local governments and officials in this lawsuit and waives any
conflicts related to such representation.
Section 4. The City Commission invites and urges other local governments and
elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts
with the City.
Page 3 of 4
City of Aventura Resolution No. 2024-
Section 5. The City Clerk is directed to distribute this Resolution to all local
governments in Miami-Dade County.
Section 6. Implementation. The City Manager is hereby directed to take any
action necessary to implement the purposes of this Resolution.
Section 7. Effective Date. This Resolution shall take effect immediately upon
the 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
PASSED AND ADOPTED this 6th day of February, 2024
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORN EY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 4 of 4
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Robert Meyers, City Attorney
F
DATE: February 2, 2024
SUBJECT: A Motion Accepting the Special Magistrate's Findings and
Recommendation Upholding the Citation Issued Against SCG Atlas
Aventura for Operating a Short-Term Vacation Rental Property in
Violation of the City Code
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended the City Commission approve a motion to accept the findings and
recommendation of the Special Magistrate in connection with SCG Atlas Aventura LLC's
("Promenade") request for relief under the Florida Land Use and Environmental Dispute
Resolution Act ("FLUEDRA").
BACKGROUND
The City issued a Notion of Violation on May 23, 2022 for illegal short term rental use of
the property. After Promenade's unsuccessful appeal to a code enforcement special
magistrate, Promenade invoked a FLUEDRA proceeding. After the City and Promenade
were unable to reach a resolution, a hearing was held in accordance with the statute. On
January 11, 2024, Special Magistrate Coller determined that the enforcement action
taken by the City to cite the Promenade property for an illegal use as a short-term vacation
rental property was neither unreasonable nor unreasonably burdensome on the use of
the property.
Within 45 days after receipt of the Magistrate's recommendation, the City is required to
accept, modify or reject said recommendation. Based on the recommendation proffered
by the Special Magistrate, the City hereby accept the findings and recommendation
issued on January 11, 2024.
Fiscal Impact
There was slight impact on the City budget, as the City had to share the costs with
Promenade to cover the Special Magistrate's fees and other related costs associated
with the FLUEDRA process.
LAND USE AND ENVIRONMENTALDISPUTE RESOLUTION CAN AC
SPECIAL CAST PROCEEDING
PROMENADE AT AVENTURA APARTMENTS,
Petitioner,
s.
CITY T OF AVENTURA, FLORIDA,
,
Respondent.
SPECIAL GIST FINDINGS AND RECOMMENDATION
This matter came before this Special Magistrate for final hearing on
November 9, 2023 upon Promenade at Aventura Apartments, SCG Atlas Aventura
L,L. 's ("Owner"), Request for belief under the Florida Land Use and
Environmental Dispute Resolution Act "FL ") § 7 .51, Fla. State, filed with
the City of Aventura ("City") for the ity's enforcement action against the property
located at 19680 E. Country Club Drive ("Property"). The City issued the Notice of
Violation on May 23, 2022, for illegal short term rental use of the property.After the
Owner's unsuccessful appeal to a code enforcement special magistrate, the Owner
invoked this FLUEDRA proceeding. The Owner and the City having been unable to
1
reach a resolution, a hearing as held. The Special Magistrate issues the following
Findings and Recommendation pursuant to § 7 .51(19), Fla.. Star.'
FINDINGS
History d Zoning of the Propegy
The Property consists of 296 residential apartments. The zoning for this area
is RMF4, "Multifamily i ensity residentialDistricts," and is designated"High
DensityResidential" on the ity's Comprehensive Plan.
The Owner purchased the property in 2016. The apartments were in
apparently a somewhat deteriorated condition and the Owner proceeded to make
improvements to the property.At that time,theOwner's representative indicated that
it had no plans to make some or all of the units available for short term rentals.
Six years later in 2022 during the pandemic, the Owner decided to use some
of the units for short term rentals to "bridge the gap" during periods of time that the
apartments were not rented for longer periods of time. The Owner's representative
indicated that prior to renting the units for short term periods oftime, it sought advice
i s a preliminary matter the City urges dismissal of the FLUEDRA proceeding on.
the grounds that the enforcement action raised a question of lave whether the ty's
regulations are preempted by Florida statute on short term rentals § 509. 27) b),
Fla. Start. It is the SpecialMagistrate's determination that the proceeding is not
subject to dismissal. FLUEDRA pursuant to 7 .51 ), :Fla.. Stat. expressly provides
that an"enforcement action." is subject to FLUEDRA. The determination or whether
an enforcement action `:`is unreasonable or unfairly burdens the use of the owner's
real property" necessarily involves questions of law which regularly occurs in a
FLUEDRA enforcement action proceeding.
2
of counsel whether such use was permitted. The Owner represented that it was
advised that such use was permitted but admitted that it never sought to contact the
City to see whether the City viewed this as a permitted use,
The City's RNW4 zoning, Section 31-143 provides in pertinent part as
follows:
See. 31-143mResidential Zoning Districts
(f) Multifamily High Density Residential Districts (RAfF4). The
following regulations shall apply to all RMF4 Districts.
(1) Purpose of districts. The purpose and intent of this district is to
provide suitable sites for the development of well-planned,
environmentally compatible medium-high density multifamily
residential use and limited-service hotel use when combined
with multifamily residential development in areas consistent
with the City's Comprehensive Plan Future Land Use Element.
Densities shall not exceed 45 its per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall
be erected, altered or used, or land used in whole or part for other
than one or more of the following specific uses:
a. All Uses permitted in the RMF3 District.
b. High rise apartments.
c. Publicly owned recreation buildings and facilities,
playgrounds, playfields and parks.
d. ALF.
e. Uses accessory to any of the above uses when located on
the same plot.
(2a) Conditional uses. The following uses may be established if first
approved as a conditional use:
3
g. Limited-Service Hotel in combination with permitted
multifamily residential development, where the hotel is separated
from the residential use, subject to all of the following criteria:
I. Shall only be permitted on properties where a minimum of two
sides share all or part of a common lot line with another lot or
parcel of land that is zoned Community Business (B2) District
on the City's Zoning Map; and
2. Retail and restaurant uses shall be permitted as accessory uses;
and
3. Not more than ten percent of the gross building area shall be
devoted to hotel amenities such as dining areas,bars and lounges,
and meeting rooms, excluding ground floor retail and restaurant
uses; and
4. The gross floor area of the hotel use shall not exceed 33 percent
of the gross floor area of the building; and
5. Hotel rooms shall meet the criteria in Section 31-144(c)(I)dd.;
and
6. The hotel use and the residential use may be located in one
building, but the hotel rooms and residential units shall be
located in separate vertical blocks; and
7. The hotel use shall have its own separate driveway entrance/exit
and its own separate lobby; and
8. The applicant shall provide transportation demand management
strategies to reduce the impact of the development, as approved
by the City Manager and City's Traffic Engineering Consultant,
to reduce adverse effects to the overall transportation network.
The applicant shall provide any right-of-way improvements
appropriate to the subject property.
4
The Citv's Enforcement Action
The Owner's property was cited with a Notice of Violation on May 23, 2022.
The basis of the violation was for "'Short Term Rental Use in RMF4 Zone,"As with
many jurisdictions the City enforces its zoning code based on complaints. The
Owner's representative pointed out that there are many advertisements for short to
rentals in the City, but the City advised that it has never received any other
complaints for short to rentals and accordingly, no other property has been cited.
The City indicated that Owner's short to rental came its attention because
of serious criminal activity that occurred involving a kidnapping on the Property- that
resulted in a murder in another state. The City represented that there have been over
500 calls for service at the Property, but it is unclear whether those calls for service
involved short to rental use. However, the specific criminal activity mentioned
did in fact come from a short to rental.
The City's Position
The City's position that RMF4 does not permit short term rentals comes in
part from the structure of its code which is prohibitory in nature. For each of zoning
districts the code provides, "No building or structure, or part thereof, shall be erected,
altered or used, or land used in whole or part for other than one or more of the
5
following specific uses." Therefore, if a zoning district does not expressly permit a
use, in this case short to rentals, it is prohibited.
Additionally, the City relies on its definition of hotel which provides as
follows:
Hotel shall mean a commercial establishment which provides
temporary overnight sleeping accommodations for the general public. No
more than five percent of the individual to its shall be occupied
for more than 90 continuous days by the same occupant of
the hotel it (the "duration of stay restriction"). It shall constitute a
violation oft. "s duration of stay restriction to allow any person to attempt
to circumvent this provision by: relocating to another unit in the
same hotel; or by allowing a person to temporarily check out of
the hotel and subsequently re-register or check back into the hotel for
such purpose. Principal access to all rental rooms shall be through an.
inside lobby or office supervised by a person in charge at all hours. Other
typical hotel services must be offered including daily linen and maid
service, and receipt and disbursement of keys and mail by the attendant
at the desk in the lobby or office, for the occupants of the hotel.
No hotel facility shall be converted to or used as a multi-family
residential dwelling. Compliance with the restrictions, conditions or
esi
limitations set forth in this definition, shall be certified by the receipt
holder at the time of issuance and renewal of the applicable City local
business tax receipt. (Emphasis supplied)
Section 31-12, City of Aventura Code
The City asserts that any use in RMF4 that is 90 days or less is not permitted
in the RMF4 zone and is deemed a commercial use that is expressly pen-nitted in the
6
Community Busiess (132) district as a hotel use. Section 31-144(c)(1)(dd), City of
2
Aventura Code. These provisions of the City Code have existed since 2002.
The City cites for support of its interpretation of their code a circuit court case
Sync, et al. v. City ofDaytona, 7' Judicial Circuit, Volusia County, Case No. 2017-
31231-CICI (2019). In that case, the City of Daytona had a remarkably similar
structure to its code as the City of Aventura. Daytona has general prohibitory
language similar to Aventura, "[N]o use shall be established or maintained in any
zoning district except as specifically permitted by the LDC."'Id. at T 13 pA In Sync
the issue was whether the state preemption provision applied to short to rentals or
did Daytona's regulation adopted prior to 2011 apply. Nowhere in Daytona's single
family zoning district were short term rentals permitted. Daytona, however, did
permit short to rentals in its tourist development district. The circuit court in Sync
2 The date of adoption becomes relevant because of the Owner's assertion that the
City's prohibition on short-term rentals is preempted by § 509.032(7)(b), Fla. Stat.
That section expressly does not apply to a local law adopted on or before June 1,
2011 discussed infira. One provision of RMF4 that was adopted subsequent to June
1, 2011 is the conditional use for limited service hotel use pursuant to Section 31-
143(f)(2a)(g). That provision is not applicable here because of the requirements of
the apartment structure in order to take advantage of a hotel use. It does, however,
support the City's argument that RMF4 was never intended to permit short-term
rentals.
' The City did present Section 3 1-15 1, a general provision applying to the entire code
that provided that unless expressly permitted the use is prohibited. This provision
was adopted after 2011 and the Special Magistrate is not considering it. In any event,
it is merely redundant to the provisions of RMF4 zoning district and found in other
zoning districts in the code that already has that prohibitory language adopted in
2002.
7
found that under the city's statutory structure, short to rentals were not permitted
its single family district. Here, the City does permit hotel use in its B2 zone but does
not permit the use in its RMF4 zone except for Limited Service Hotel, which as
previously noted, is not applicable here.
The grope Lty Owner's Position
The Owner argues that the RMF4 zoning district does not expressly prohibit
short to rental units, and in any event, the City is preempted in prohibiting short
to rentals pursuant to § 509.032(7)(b), Fla. Stat. That subsection of the Florida
Statute provides as follows:
(7) PREEMPTION AUTHORITY.—
(b) A local law, ordinance, or regulation may not prohibit vacation
rentals or regulate the duration or frequency of rental of vacation
rentals. This paragraph does not apply to any local law, ordinance, or
regulation adopted on or before June 1, 2011.
The Owner argues that it is not operating a hotel and that it is simply operating
an apartment building but allowing its use for short to rentals for as little as a
two-day stay. The Owner's operation for its short term rental, however, is very
different than a typical apartment. The Owner's representative indicated it provides
maid service. Indeed, the Owner's representative noted that it uses an outside linen
service to supply its short to rentals although the representative did indicate its
housekeepers may use the existing washer and dryers in the units. While the owner
8
argues that there is no prohibition for short to rentals that simply is not how the
Aventura's zoning code is written. Every use in Aventura's various zoning districts
is prohibited unless expressly provided and there is no provision for short to
rentals in the RMF4 zoning district. In addition, where the City is to permit the
zoning district it expressly provides for it. In this case in the B2 zoning district, or
in the B3 zoning district that permits B2 use, but not in the RMF4 zoning district
where the Owner's property is located.
The Owner cites to the decision in City of Miami v. A irbnb, Inc., 260 So3d
478 (Fla. 3d DCA 2018) in support of its claim that the City's land use regulation is
preempted. In that case,the Third District notes that the City of Miami places single
family residential in its T3 zone. In the City of Miami's zoning code, it had a
definition,of residential"defined by Miami 21 as"land use fitrictions predominately
qf " (emphasis original)Id at 482. In that case the Court relying
Rennanent housinp,
on the word "permanent," reversed an injunction preventing Miami from enforcing
its short to rental prohibition as being too broad® But since the word
"predominantly" does not mean exclusive, the Court required the city on a case-by-
case basis to determine whether a particular short to rental alters a predominantly
permanent use of the property.
The Owner argues that the City's definition of residential never mentions the
word permanent. The City's zoning code places all of its "Residential Zoning
9
Districts in Section 31-143, of the Aventura Code. The purpose of the Residential
Zoning Districts is as follows:
Purpose. These residential districts are intended to provide for
residential development in conformance with the parcel's Future Land
Use Map designation.A residential parcel's zoning designation shall be
equivalent to the designation of the Future Land Use Map. The number
of dwelling units permitted per gross acre of a zoning parcel, as defined
in the LDRs, shall not exceed the total number of dwelling units
permitted by the City's Comprehensive Plan designation for the zoning
parcel. The uses within this district shall be consistent with, but may be
more restrictive than, the corresponding Residential Land Use Plan
category or Town Center Land Use Plan category permitted uses.These
zoning districts shall be applied to land designated Residential on the
City's Future Land Use Map. A development parcel may have a
maximum number of dwelling its based on an adopted development
order or resolution.
The Arent Zoning Code appears not to use the word "permanent," but it
does make a distinction between properties where persons are permitted to reside
for 90 days or less in its definition of"Hotel". Section 31-21, Code of the City of
Aventura. This definition makes clear that you are deemed a hotel if you provide
temporary overnight accommodation, and you are only permitted to occupy the
property for a maximum period of 90 days. Indeed, you cannot circumvent this
requirement by simply moving to a different it. There is a limited exception for
five percent of the units which may be offered for more than 90 days.'
' The City argued that its code speaks in terms of dwelling units which should be
construed as permanent in nature. The City cites to the Oxford English Dictionary
10
It would appear that unlike in A irbnb, Inc., Aventura.is far more explicit than
the City of Miami on short to versus long term occupancy and restricting the
location where 90 days or less occupancy can occur i.e., Community (B2) zoning
district or the Heavy Business (B3) zoning district that permits B2 uses. Section 34-
144 (c) (1)(dd); (Section 144 (d) (1) (a). Also, as a prohibitory structured zoning
code unless expressly permitted, a use not mentioned is prohibited. Accordingly,
the RMF4 district where the Property is located does not mention occupancy for 90
days or less which is considered a hotel.'
Finally, although not necessary because Aventura's code on its face is
explicit, the statutory construction principle of expressio unius, est exclusio
alterious, meaning that the mention of one thing implies the exclusion of another
is applicable to this matter. Here the mention of a hotel permitting stays 90 days or
less in the B2 or 133 zone) necessarily excludes the use in any other zoning districts.
See Osborne v. Dumoulin, 55 So. 3d 577, 587 (Fla. 2011); Moonlit Waters
Apartments, Inc. v, Cauley, 666 So.2d 898, 900 (Fla. 1996); Subirats v. Fidelity
National Property, 106 3d 997, 1000 (Fla. 3d DCA 2013)
which just defines dwelling as a place of residence without discussing permanency
and therefore not helpful in the determination of permanency.
I As previously mentioned, the RMF4 zoning district permits as a conditional use
Limited Service Hotels, which could pen-nit short to rentals. Limited Service
Hotels have strict structural requirements to be perinitted and not applicable here.
11
RECOMMENDATION
Regarding the Special Magistrate's recommendation, §70.51 (19), Fla. Stat.
in pertinent part provides as follows:
(19) Within 14 days after the conclusion of the hearing, the
special magistrate shall prepare and file with all parties a written
recommendation.6
(a) If the special magistrate finds that the development order at
issue, or the development order or enforcement action in combination
with the actions or regulations of other governmental entities, is not
unreasonable or does not unfairly burden the use of the owner's
property, the special magistrate must recommend that the development
order or enforcement action remain undisturbed and the proceeding shall
end, subject to the owner's retention of all other available remedies.
The City of Aventura's code dealing with short to rentals existed prior to
the State's preemption for short to rentals pursuant to § 509.032(7)(b), Fla. State
That statute expressly does not apply to local code provisions adopted prior to July
1, 2011. The City's code adopted in 2002 provides specific requirements for stays of
90 days or less, which under its code deems the use to be a hotel. Hotels, except for
Limited Service Hotels not applicable here, are not permitted in the RMF4 zoning
district where this property is located. Therefore, the Property was properly cited for
such illegal use.
6 The Parties in an attempt to resolve this matter requested this recommendation
not be issued for 60 days. The Parties have now requested issuance of the
recommendation.
12
Accordingly, it is the Special Magistrate's recommendation that the
enforcement action of the City is not unreasonable nor unfairly burdens the use of
the Owner's Property; and therefore, the City's enforcement action in this case
should remain undisturbed.
Craig K-Torler
FLUEDRA Special Magistrate
Dated: January 11, 2024
13
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manag r
�w
BY: Keven R. Klopp, Community Development Director
DATE: February 2, 2024
SUBJECT: Ordinance Creating Extended Stay Hotels as a Conditional Use
in RMF4
February 6, 2024 Local Planning Agency Meeting Agenda
February 6, 2024 City Commission Meeting Agenda
February 20, 2024 City Commission Special Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance on First
Reading and schedule final approval for further consideration on February 20.
BACKGROUND
The Land Development Regulations currently provide a definition of hotel as well as a
definition of limited service hotel as a sub-category. The length of stay limitation for both
a hotel and a limited service hotel is 90 days. The requested amendment would create a
sub-category of limited service hotel called "extended stay hotel". The length of stay
limitation for this sub-category would be six months, and would be renewable.
Limited Service Hotels may only be developed upon conditional use approval from the
City Commission, as would be the case for extended stay hotels, if approved. A "glitch
bill" is currently under consideration by the Florida Legislature which would clarify that
Conditional Use approvals are not included within the parameters of the Live Local zoning
pre-emptions. As indicated by the City Commission at its January 2024 workshop, a
written opinion from the City Attorney regarding this matter should be obtained and
considered prior to final approval of the proposed length of stay provisions for an extended
stay hotel.
The application and letter of intent requesting this code amendment are attached as
Exhibit #1. The proposed ordinance is attached as Exhibit #2.
CITY OF AVENTURA
-_--_-- COMMUNITY DEVELOPMENT DEPARTMENT
19200 W. Country Club Drive
Aventura, Florida 33180
(305) 466-8940
PUBLIC HEARING APPLICATION FOR
AMENDMENT TO THE TEXT OF THE
LAND DEVELOPMENT REGULATIONS
City Code Section 31-77
DATE:
PROPOSED PROJECT NAME: Tal Aventura
LOCATION: Text Change Not Property Specific
LEGAL DESCRIPTION: n/a
FOLIO NUMBER(s): n/a
CURRENT ZONING: RMF4 CURRENT LAND USE: Medium-High Density
PROPOSED LAND USE: See attached Letter of Intent
PROPOSED USE OF PROPERTY: (Attach additional sheets if necessary)
Multi-family and extended stay hotel
Name of Applicant or Contact Person: Phone No.:
Brian Adler on behalf of GOT 183 LLC 305-350-2351
Address of Applicant:
Bilzin Sumberg, 1450 Brickell Avenue, Suite 2300, Miami, FL 33131
Name of Property Owner (if other than Applicant): Phone No.:
N/A
Address of Property Owner: N/A
1. The following documents are required to be submitted with and deemed to be
incorporated into this petition, as applicable:
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please describe in detail, whether and to what extent the requested development action serves a
public benefit which would warrant the granting of the request and specific justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial of your application.
One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if
necessary, authorization to another individual to represent the applicant.
Disclosure of Interest Form.
Applicant Representative Affidavit and Business Relationship Affidavit(s) Pursuant to
Section 31-71 (b) (2) of the City Code.
Any other documentation required to evaluate this request, as determined by the City
Manager or his designee.
Is this hearing being requested as a result of a violation notice or summons?
Yes No X If yes, in whose name was the violation or summons notice served?
Nature of violation N/A
Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. N/A
Is there an option to purchase or lease subject property or property contiguous thereto,
predicated on the approval of this application? Yes N/A No N/A
If yes, who are the affected parties? N/A
(Copy of purchase contract must be submitted with this application).
Are there plans representing new construction? Yes X No
Has construction started? Yes No X
Has construction been completed? Yes No X
Are there any existing structures on the property? Yes No X
Will the existing structures be demolished? Yes No N/A
8/28/2007 2
2. Labels, Notification and Advertising (Pursuant to Resolution 2007-28)
ALL COSTS OF ADVERTISING, MAILING AND POSTING SHALL BE BORNE BY THE
APPLICANT.
The Community Development Department shall prepare and coordinate a published notice of the
application.
The application request shall be advertised by the City in accordance with law.
Advertising Costs
All applications requiring public notice shall provide to the Community Development
Department, at the cost of the applicant, a notarized list in electronic format of all owners within
a 300 foot radius of the property subject of the application along with two copies of self-adhesive
labels containing the names and addresses of all property owners as required by City Code.
Applications requiring public notice shall pay a deposit to cover the cost of property posting
notice, mailing notice and newspaper advertisements by the City, as follows:
i. The sum of $10,000 for applications for Development of Regional Impact,
Amendments to the Comprehensive Plan, Amendments to the Official
Zoning Map, Amendments to the text of the Land Development Regulations
ii. The sum of $1 ,000 for all other applications noted in 1 . above.
In the event that the publication and notice charges exceed the amount of the deposit above,
the applicant shall be responsible to pay the City the full cost of such charges.
3. Filing and Hearing Fees
A check made payable to the City of Aventura for the amount of$ 7,500.
A check made payable to Miami-Dade County for $250.00 for Miami- Dade DERM review.
4. Property Violations
As part of the review, your property may be subject to various inspections by City personnel. If
building, zoning or Code Compliance violations are found, your request for a public hearing will
be deferred until such violations are corrected.
8/28/2007 3
5. Responsibility of Applicant
It is the responsibility of the applicant to assure that all questions in the application and all
required supplementary data are submitted at the time of the filing of the application and that all
answers, plans and supplementary data are accurate and complete.
All required plans, supplementary data, mailing labels and fees must be submitted at the same
time as the application is filed, or the application will be incomplete. Incomplete applications will
not be scheduled for public hearing and will be returned to the applicant. The filing of an
incomplete application will not reserve a place on the hearing agenda. An application submitted
prior to the deadline does not automatically insure placement of the application on that hearing
agenda.
All data submitted in connection with the application becomes a permanent part of the public
records of the City of Aventura.
8/28/2007 4
Bilzin Sumherg
Brian S.Adler, Esq.
el 305.350.2351
Fax 305.351.2206
badler(a)bilzin.com
January 23, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Letter of Intent for Land Development Regulation Text Amendment
Dear Mr. Klopp:
This firm represents Got183 LLC (the "Applicant"), in connection with the proposed
amendment to the City of Aventura land development regulations related to a proposed
subcategory of a Limited Service Hotel.
Got183 LLC is proposing to develop TAL with a multi-family and limited service
hotel. This attached application is requesting a text amendment to the land development
regulations. Therefore, a separate property-specific application would be required
separate from this application.
The City Code currently allows Limited-Service Hotels as a conditional use in the
RMF-4 zone. Limited-Service Hotels are subject to the same 90 day maximum stay as
standard hotel rooms. In order to provide flexibility for longer term hotel stays within the
RMF4 District beyond the current 90 day limitation under the City Code, we are proposing
an amendment is to create a new sub-category of Limited-Service Hotels, defined as an
Extended Stay Hotel. The Extended Stay Hotel would have the same limitations already
incorporated under the City Code for Limited-Service Hotels, with the exception that the
90 day stay limitation would be replaced with a one year maximum stay limitation, but
would incorporate additional criteria and require the development to be a green building
at a gold level or higher as an incentive to allow the Extended Stay Hotel.
This request seeks an amendment Section 33-21 of the City Code to add a
subcategory of Limited-Service Hotel as reflected on Exhibit "A" attached.
Additionally, we propose Section 31-143(f)(2a)(g) be amended to allow the
Extended Stay Hotel subcategory of Limited-Service Hotel as a conditional use, but
MIAMI 11210154.2 100992/302121
Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305-374.7593 f bilzin.eom
Mr.Keven Klopp Land Pa Development e C
g Bilzin �umberg
incorporating the additional restriction of being within the RTZ and incorporating the
additional requirements and incentives including a drop-off or pick-up for Freebee or a
dedicated shuttle to the Aventura rail stop (Brightline/Coastal Link) in addition to
developing as a green building of gold or gold equivalent. See Exhibit "B".
The proposed amendment affords greater flexibility in meeting the needs of the
residents and guests of the City of Aventura.
Thank you for your review of the foregoing. Should you have any questions or
wish to discuss the above, please do not hesitate to contact me at (305) 350-2351.
Very truly yours,
Brian S. Adler
Attachments
MIAMI 11210154.2 100992/302121
Bilzin 5utnberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305.374.7593 f bilzin.eom
Bilzin Sumherg
Exhibit A
Hotel, Extended Stay is a Limited-Service Hotel for which no
more than five percent of the individual hotel units shall be
occupied for more than 365 continuous days by the same
occupant of the hotel unit (the "duration of stay
restriction"). As an incentive for allowing an Extended Stay
Hotel, the development must developed in accordance with
Code Section 14-115 at a level of gold or above.
MIAMI 11210154.2 100992/302121
Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305.374.7593 I bilzin.com
Bilzin Sumherg
Exhibit B
Sec. 31-143 (f)(2a)(g):
Limited-Service Hotel or Extended-Stay Hotel in combination with permitted
multifamily residential development, where the hotel is separated from the
residential use, subject to all of the following criteria:
9. An Extended-Stay Hotel must:
i. Be within Miami-Dade County's Rapid Transit Zone (RTZ) and
ii. provide for dropoff and pick up of the Freebee ride service or
provide a dedicated shuttle to the Aventura rail stop
(Brightline/Coastal Link) available at all times that trains are
providing service at the station
MIAMI 11210154.2 100992/302121
Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305-374.7593 f bilzin.eom
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-21 —
"DEFINITIONS", TO ADD A DEFINITION FOR "EXTENDED STAY
HOTEL" AND AMENDING SECTION 31-143(F)(2A) "MULTIFAMILY
HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4)" TO ADD
"EXTENDED STAY HOTEL" TO THE LIST OF USES THAT MAY BE
ESTABLISHED IN RMF4 IF FIRST APPROVED AS A CONDITIONAL
USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the " City") Commission recognizes that changes
to the adopted Code of Ordinances are periodically necessary in order to ensure that the
City's regulations are current and consistent with the City's planning and regulatory
needs; and
WHEREAS, in response to the request from Brian Adler, Esquire, on behalf of
Got183, LLC, the City Commission desires to amend Chapter 31, "Land Development
Regulations", Section 31-21, "Definitions", and Section 31-143, "Residential Zoning
Districts" of the Code of Ordinances to include a definition for "Extended Stay Hotel" that
will accommodate, as a Conditional Use in RMF4 Zoning, non-traditional hotel business
models that serve customers seeking extended stays (the "Proposed Amendment"); and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
WHEREAS, The City Commission has reviewed the proposed amendment, and
finds that it is in the best interest of the public to amend Sections 31-21 and 31-143 of the
LDRs as set forth in this Ordinance; and
WHEREAS, the City Commission has reviewed the action set forth in the
ordinance and has determined that such action is consistent with the Comprehensive
plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
City of Aventura Ordinance No. 2024-
Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. City Code Amended. That Section 31-143 "Residential Zoning
Districts" of Chapter 31 "Land Development Regulations" of the City Code is hereby
amended to read as follows'
ARTICLE II. — DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 31-21. - DEFINITIONS
Hotel, Extended Stay is a Limited-Service Hotel in which a maximum of five percent of the
individual hotel units may be occupied for more than 6 continuous months by the same occupant
of the hotel unit within any 1-year period (the "duration of stay restriction"). It shall constitute a
violation of this duration of stay restriction to allow any person to attempt to circumvent this
provision by relocating to another unit in the same hotel. An occupant may, however, renew
their registration and check back into the same hotel unit commencing at the end of the previous
six-month maximum stay.
ARTICLE VII. - USE REGULATIONS
Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development
Regulations" of the City Code is hereby amended to read as follows2:
Sec. 31-143. — Residential Zoning Districts.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts:
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use-
(9) An Extended-Stay Hotel, must:
i. Be within Miami-Dade County's Rapid Transit Zone (RTZ):
ii. Provide a dedicated shuttle to the Aventura rail stop (Bright[ine/Coastal
Link) available at all times that trains are providing service at the station or
Underlined text indicates insertions.
2 Underlined text indicates additions.
Page 2 of 4
City of Aventura Ordinance No. 2024-
provide funding for and a location for on-site drop-off and pick-up by the
City's Freebee ride service:
iii. Provide an audited annual report to the Community Development
Department detailing the hotel's compliance with the duration of stay
restrictions, and.
iv. As an incentive for allowing an Extended Stay Hotel, the development
must be developed in accordance with Code Section 14-115 at a level of
gold or above.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. 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 made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. 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
Page 3 of 4
City of Aventura Ordinance No. 2024-
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. 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 on first reading this 6th day of February, 2024.
PASSED AND ADOPTED on second reading this day of 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.
This Ordinance was filed in the Office of the City Clerk this day of 2024.
ELLISA L. HORVATH, MMC
CITY CLERK
Page 4 of 4
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) Item 7A
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 Stern, 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 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) Item 7B
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 Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Bloom, and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg No
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 MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager CZ_!:Q_
DATE: February 2, 2024
SUBJECT: Proposed Agreement with Gulfstream Park
February 6, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving an
agreement between the City of Aventura and Gulfstream Park (GSP).
Recently, the City initiated discussions with GSP to acquire an additional 3-acre parcel,
referred to as the "School Parcel" for future use as an additional charter school site. GSP
has expressed willingness to convey the School Parcel "as is" to the City in exchange for
non-monetary considerations. These considerations include approvals for permanent
increased density and intensity on GSP's remaining property, enhanced access from
213th Street, granting necessary easements, waiver of specific fees and costs, and
general cooperation and support for permits and approvals from other governmental
entities.
To formalize this agreement, GSP proposes to amend the existing Development
Agreement (DA) between the City and GSP. The amendment would memorialize the
terms and understandings, and instead of a standard Purchase and Sale Agreement, a
negotiated "closing agreement" or "contract for exchange of consideration" will be
established.
Your approval of this agreement is critical for developing and expanding our community's
educational and commercial infrastructure. Please review the attached exhibits and
supporting documents; I am available for further clarification or discussion.
RJW/act
Attachment
CC04004-24
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A LETTER OF INTENT WITH
GULFSTREAM PARK, LLC TO ACQUIRE A THREE-ACRE PARCEL OF
LAND; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AMENDMENTS TO THE EXISTING DEVELOPMENT
AGREEMENT BETWEEN GULFSTREAM PARK AND THE CITY TO USE
SAID PARCEL FOR FUTURE USE AS A CHARTER SCHOOL SITE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura ("City") operates two charter schools within the
City limits, and based on all relevant metrics, both are classified as high performing
schools; and
WHEREAS, due to the overwhelming demand from residents in the community to
enroll their children in these schools and the limited number of available seats, many are
denied access to these outstanding schools; and
WHEREAS, the City has recognized the importance of expanding its educational
Infrastructure by opening a third charter school in the City to provide more children of City
residents the opportunity to attend a municipal charter school; and
WHEREAS, the Letter of Intent submitted by Gulfstream Park ("GSP"), and
attached hereto as Exhibit "A", sets forth the terms and conditions whereby GSP will
convey a three-acre parcel of land located in the City of Aventura to the City for future
use as an additional charter school site in return for non-monetary considerations such
as approval for permanent increased density and intensity on GSP's remaining property
within the City, enhanced access from 213t" Street, the granting of necessary easements
and the waiver of, or reduction of, certain fees; and
WHEREAS, the City of Aventura hereby finds that it is in the best interest of the
City's residents to approve the Letter of Intent and authorize the City Manager to negotiate
and execute a Closing Agreement with GSP to obtain this parcel of land in order to build
and operate a third charter school in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: Recitals Incorporated. That each of the above stated recitals are
hereby adopted and confirmed.
City of Aventura Resolution No. 2024-
Section 2: GSP Letter of Interest Approved. That the City Commission
hereby approves the Letter of Intent attached hereto as Exhibit "A."
Section 3: City Manager Authorized. That the City Manager is hereby
authorized to negotiate and execute a Closing Agreement with GSP, in furtherance of,
and consistent with, the Letter of Intent.
Section 4: Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED 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 2 of 2
EDWIN J. STACKER
PARTNER
Shutts 8t Bowen LLP
201 East Las Olas Blvd.
Suite 2200
Fort Lauderdale, FL 33301
DIRECT (954)847-3839
EMAIL EStacker@shutts.com
December 20, 2023
VIA EMAIL—kloppWiWtyofaventura.com
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W.Country Club Drive, 4''Floor
Aventura, Florida 33180
Re: REQUEST FOR WORKSHOP - Proposed Conveyance of a 3-Acre Parcel in
Exchange for Entitlements and Additional Considerations Relating to the Remainder
of that certain Property Identified by FOLIO #28-1234-019-0011 and FOLIO #28-
1234-019-0021
Dear Mr. Klopp:
As you are aware, the undersigned counsel, represents Gulfstream Park Racing Association, Inc.
("GSP")the fee simple owner("Owner") of vacant land in the City of Aventura("City") consisting of an
approximately 30.23-acre parcel ("Property") situated north of NW 213'' Street("2131'' St."), bounded on
the west by Biscayne Blvd.,on the north,by the Broward County/Miami-Dade County line,and lying north
and east of Waterways Park, as depicted on attached Exhibit A. Please consider this as a formal request,
on behalf of GSP,to present this proposal to the City Commission at its next regularly scheduled Workshop
meeting of January 18, 2024, for the purposes of discussing the proposed terms of a future contractual
arrangement relating to the matters generally set out herein.
Background and Proposed Agreement
GSP and the City have previously entered into two similar transactions,the first of which resulted
in the City's acquisition of approximately 7 acres from GSP, in 2006, for the subsequent development of
Waterways Park,and in the second instance,the City's acquisition of 2 additional acres from GSP,in 2017,
for the ultimate development of Aventura Don Soffer High School. Both of these conveyances were
structured such that prerequisites to the closings on the parcels were the consideration and approval,by the
City, of certain entitlements,together with the approval of a Chapter 163, F.S. development agreement, as
amended ("DA") which spells out additional provisions related to the terms of the transactions, including
protection from downzoning.
The City's existing Future Land Use Plan Map designates the Property in the Business and Office
category, the City parcels to the east are designated as Community Facilities and Recreation and Open
Space, respectively, and, to the south of 2131'' St., the properties are designated as Business and Office to
the west,and Medium-High Residential immediately south of the Property. The City Official Zoning Map
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shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAM1 I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH
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designates the Property as both B-2 and MO, with the existing entitlements providing for conditional use
approval of 480 units, up to 25-stories, on the approximately 12.7-acre Medical Office ("MO") parcel,
approximately 17.5 acres of B-2 use fronting on NW 2131 Street and Biscayne Blvd., together with the
right to temporarily maintain thoroughbred horses in existing stables located on the north end of the
Property.Additionally, there is one roadway connection from 2131 St. that provides for vehicular traffic to
GSP's Hallandale Beach property, which use is currently limited to race-day use only.
The City has recently approached GSP requesting that an additional 3 acres be conveyed to the City
for future use as an additional charter school site, and GSP is willing to consider the"as is"conveyance of
that certain 3-acre parcel ("School Parcel"), as depicted on attached Exhibit B, for non-monetary
considerations, which considerations would include, but not necessarily be limited to, approvals for
permanent increased density and intensity on GSP's remaining property ("Development Property"), as
depicted on attached Exhibit C, together with enhanced access from 2131h St., the granting of necessary
easements, the waiver of certain fees and costs, and general cooperation and written support for permits
and approvals that may be necessarily required from other governmental entities.
Proposed Document Framework
Since there is already an existing DA,GSP proposes to work with the City to amend the DA,which
amendment will memorialize certain terms and understandings between the parties,and GSP also envisions,
in lieu of a standard Purchase and Sale Agreement,that an agreed-upon"closing agreement" or "contract
for exchange of consideration" be negotiated, wherein a detailed list of both the City's and GSP's rights
and obligations will be clearly delineated. Those documents would specify the additional documents that
may be required in order to"close"the agreements between the City and GSP. GSP and the City agree that
all entitlements,rights, and benefits granted to the Development Property shall run with the land,and shall
benefit any and all successors and assigns.
The Proposed GSP Project Entitlements
GSP is proposing that the City review and approve entitlements for the Development Property for
an overall mixed-use project that permanently provides for a vested density of up to 1500 residential units,
with flexibility to develop all building types, including, low-rise or high-rise units,with a maximum height
of 30 stories, and a Residential FAR of 4.0 on the gross acreage. In addition, the Development Property
will be vested for non-residential uses which permit retail, office, hotel and entertainment, with a non-
residential FAR of 2.0 on the gross acreage. Access to and from 213" St. and the GSP Hallandale Beach
property will be afforded by three(3)"unrestricted"roadway connections,at locations mutually acceptable
to GSP and the City. The permits and procedures for effectuating these connections shall be facilitated by
the City, including signalization as warranted. Additionally, GSP and the City acknowledge that GSP will
receive approvals to subdivide the Development Property as part of the agreements.
Overview of Additional GSP Conditions to Convey the School Parcel to the City
As consideration for the non-monetary "as is" conveyance of the School Parcel to the City, GSP
proposes the following additional processes as conditions:
1) Comprehensive Plan Amendments. GSP has reviewed the City Comprehensive Plan,
specifically, the Goals, Objectives and Policies of the Future Land Use Element, and has
determined that both a Text Amendment and a simultaneous Map Amendment will be
necessary in order to afford GSP the density and intensity that it will require.The required
density, while permitted in the Medium Density category, does not permit the non-
residential uses requested,thus, it is anticipated the parties will need to develop a new Plan
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Page 3
Category that is likely to be a variation of the Town Center category concept. Any such
new category shall not be adopted so as to require conditional use approval.
2) Zoning District Amendments. GSP has reviewed the City's Zoning Districts and, has
likewise determined that it will be necessary to amend/create a new Zoning Category
through a Text Amendment and simultaneously process a Map Amendment rezoning to
such new category. The proposed new Zoning district needs to recognize that the
Development Property entitlements are authorized by right, and are not subject to any
conditional use process that limits the period of time within which the Property can be
developed.
3) City Land Development Regulations ("LDR's"). In light of the fact that future
development of the Development Property will require both Land Use Plan and Zoning
Code text amendments, it is anticipated that existing LDR's may require modifications,
and the City agrees that to the extent any such modifications are requested in the future,
the City will accommodate any such request so as to enable the contemplated development
of the Property.
4) Additional Documents Necessary to Implement Development. As a condition of the
conveyance of the School Parcel, the City further agrees to: i) grant or modify proposed
or existing easements across the School Parcel, as reasonably needed for utility and
drainage purposes, including, at its expense, a redesign of the stormwater system, as
deemed necessary by GSP professional consultants and City consultants, and ii)to amend
or create any other declaration or covenant deemed reasonably necessary by GSP, or its
designees.
5) Waiver of Fees, Costs and Impositions. GSP requires that the City agree to waive any and
all application fees, excluding advertising costs and public notices to the general public,
and likewise waive any other expenses directly or indirectly necessary to implement the
intention of the parties throughout this process, such as fees for third-party consultants
engaged by the City. In addition, throughout the incremental development of the
Development Property, GSP requires that the City likewise waive any and all application
fees and costs, residential impact fees for parks and transportation, and non-residential
impact fees for transportation up to fifty percent(50%)of the total allowable square footage
based upon the non-residential FAR of 2.0. Additionally, the City agrees to waive other
fees or impositions that may be routinely required of developers as a condition of the future
development on the Development Property, whether such fees or impositions are existing
or as may be adopted in the future,such as community benefit and affordable housing fees
or any other impositions. It shall be expressly understood and agreed that there may be
required fees and costs that are not imposed by the City. It is further understood that the
fee waivers, referred to above, do not include waiver of police impact fees or building
permit fees charged pursuant to Resolution 20 20-48.
6) Conveyance of School Parcel"As Is". It shall be expressly understood and agreed that the
conveyance of the School Parcel is "as is", and that no representations or warranties are
being provided by GSP,except that GSP warrants that it is the Owner of the School Parcel,
and has the authority to convey it at the time of the conveyance. Since the School Parcel
is intended to be conveyed "as is", GSP will require the City to indemnify and hold GSP
harmless from and against any and all costs, losses or claims demands and liabilities,
including reasonable attorney fees,which might arise out of or relate to any and all acts or
omissions alleged against GSP, as it relates to the School Parcel.
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Page 4
7) Possible Future Connection to Intracoastal Waterway. GSP may, at some point in the
future, try to connect property under its ownership, to the Intracoastal Waterway, and in
order to effectuate that process,the City acknowledges at this time that it has no objection
to any such connection, and agrees to support such connection in writing in the future, if
requested by GSP. The City shall acknowledge that in the event that GSP determines in
the future that it is necessary to utilize all, or a portion of,the Waterways Dog Park parcel
("Dog Park"), GSP shall have the unilateral right to relocate the Dog Park to an alternative
parcel within the Development Property of similar size and comparable amenities. GSP
agrees that the work on the relocated Dog Park shall be completed prior to the
commencement of any work that will impact reasonable use of the existing Dog Park.
In conclusion, we appreciate your consideration of GSP's request, and look forward to the
opportunity of working with you and the City Manager, in hopes that you will agree that the proposal set
out herein,is a plan which makes sense to the City,and that you will concur that it should be considered by
the Commission at its next Workshop Meeting on January 18, 2024.
Sincerely,
SHUTTS &BOWEN LLP
Edwin J. Stacker,Esq.
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