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Home My WebLink About04-17-2025 City Commission Regular Workshop AgendaOF AVF�� 1. Call to Order/Roll Call 2. Pledge of Allegiance City Commission Workshop Agenda April 17, 2025 9:00 a.m. Aventura Government Center 5t" Floor Executive Conference Room 19200 W. Country Club Drive, Aventura, FL 33180 3. Aventura Corporate Center's New Concept Design (City Manager)** 4. Water Update Between the City of North Miami Beach and Miami -Dade Water (City Manager) 5. Discussion of Miami -Dade County Tax Collector (City Attorney) 6. Car Carrier Update (City Attorney) 7. Red Light Camera Program Update (City Manager) 8. Discussion of the Regulation of Electric Scooters/Electric Bikes (City Manager) 9. Addition of Special Magistrate (City Manager) 10. Discussion of Appointment of Community Services Advisory Board Members (City Manager) Future Action Required: Resolution 11. Discussion of Amending Agenda Procedures Resolution to Move Reports to the Beginning of City Commission Regular Meeting Agendas (Commissioner Bloom) Future Action Required: Resolution 12. Adjournment *Back -Up Information **PowerPoint Presentation 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 cityclerkC&,cityofaventura.com, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or city c lerkCa),c ityo faventura. com. coiAVi74O,ri* , -,.. FLO/ Water Service City of Aventura 1 COA Map of Areas that Receive Water from North Miami B each and Dade Counti I ..________ I I ' 1 1 I 1 / 1 ! ff � ` t ,, , I . 4,4 .ysssA� L w P.t. i� r1 iilcji"if -) f X v� C_=_J.w .,u ,,r.•a.R�..•we. I I.':..,x..,.t...ay....,......� „; r CITY OF AVENTURA Rate Comparison Summa Miami-Dade County and City of NorthriCliami Beach Rate Comparison for 15,000 Gallon/Month Water Consumption $115.64 NON-RESIDENTIAL DWELLING $115.55 $107.83 MULTI-FAMILY DWELLING $97.08 $10 SINGLE-FAMILY DWELLING $94.96 $- $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 $140.00 City of North Miami Beach Miami-Dade County Rate Comparison Single-Family Dwelling Single-Family Dwelling Miami-Dade City of North County Miami Beach Meter Charge (1) $ 4.89 $ 5.44 Consuption Charge (2) $ 84.69 $ 76.23 Utility Service Fee (3) $ 5.38 $ 4.90 FS 180.191 Surcharge (4) $ - $ 19.06 Hydrant Charge $ 0.10 Total $ 94.96 $ 105.73 (1)The fee is based on a 5/8" meter, which is the most common meter size (2) Estimated consuption amount is 15,000 gallon/month for comparison purposes. (3)Miami-Dade County charges 6% fee to support regulatory activities (4) City of North Miami Beach charges 25% surcharge Rate Comparison Multi-Family Dwelling Multi-Family Dwelling Miami-Dade City of North County Miami Beach Meter Charge (1) $ 4.89 $ 14.79 Consuption Charge (2) $ 86.70 $ 81.00 Utility Service Fee (3) $ 5.50 $ 5.75 FS 180.191 Surcharge (4) $ - $ 20.25 Hydrant Charge $ 0.10 Total $ 97.08 $ 121.89 (1)The fee is based on a 5/8" meter, which is the most common meter size (2) Estimated consuption amount is 15,000 gallon/month for comparison purposes. (3)Miami-Dade County charges 6% fee to support regulatory activities (4) City of North Miami Beach charges 25% surcharge Rate Comparison Multi-Family Dwelling Non-Residential Miami-Dade City of North Dwelling County Miami Beach Meter Charge (1) $ 3.85 $ 14.79 Consuption Charge (2) $ 105.16 $ 76.23 Utility Service Fee (3) $ 6.54 $ 5.46 FS 180.191 Surcharge (4) $ - $ 19.06 Hydrant Charge $ 0.10 Total $ 115.55 $ 115.64 (1)The fee is based on a 5/8" meter, which is the most common meter size (2) Estimated consuption amount is 15,000 gallon/month for comparison purposes. (3)Miami-Dade County charges 6% fee to support regulatory activities (4) City of North Miami Beach charges 25% surcharge >XWEISSSEROTA HELFMAN COLE + BIERMAN MEMORANDUM TO: Mayor and Members of the City Commission Bryan Peg ues, City Manager FROM: Robert Meyers, Office of the City Attorney Debra Reese, Office of the City Attorney DATE: April 16, 2025 RE: Local Governments ability to regulate car carriers ISSUE: Whether the City of Aventura may adopt regulations relating to the loading and unloading of motor vehicles by car carriers within residential areas. SHORT ANSWER: Yes, however, there are existing ordinances that may be utilized. EXPLANATION: On the federal level, the Federal Motor Carrier Administration (FMCSA) regulates car carriers a/k/a auto transporters that operate across state lines in the United States. In addition, in Florida, the Office of Commercial Vehicle Enforcement is the designated agency responsible for commercial operations in Florida. Chapter 316, Florida Statutes is utilized for such enforcement on the state level, and Sections 316.302 and 316.70, F.S. adopt the Federal Motor Carrier Regulations. Section 316.515(1), F.S. provides that "[t]he use of public roads that do not have at least one through lane of 12 feet or more in width in each direction, and the use of public roads deemed unsafe for wider vehicles on the basis of safety and engineering analyses, by vehicles exceeding 96 inches in width may be restricted by the Department of Transportation or by local officials for streets and roads under their respective jurisdictions." Further, Section 316.9145, F.S. prohibits the stopping, standing and parking in specific places and such regulations may be enforced by law enforcement. Specifically, Section 316.9145(c)2., prohibits a person from parking a vehicle, whether occupied or not, except temporarily for the purposes of, and while actually engaged in, loading or unloading of merchandise or passengers at any place where official signs prohibit parking. It should be noted that Section 316.003(45), F.S. specifically defines a "Motor Carrier Transportation Contract" and such contract covers the transportation of property by a motor carrier that includes the "entrance on property by the motor carrier for the purposes of loading, unloading, or transporting property for compensation or hire." Thus, if the owner of the vehicle hires a car carrier to transport his/her vehicle and the carrier can load or unload the vehicle on the owner's private property, then I believe the City may be prevented from enacting regulations for such activity. Notwithstanding Section 316.003(45), F.S., either a law enforcement officer or parking enforcement specialist may issue a ticket on a form utilized by the municipality when a vehicle is parked in violation of Section 316.9145, F.S. or a municipal ordinance. RESEARCH OF OTHER GOVERNMENTAL ENTITIES It should be noted that the car carrier issue is not specifically addressed in other governmental entities ordinances, instead, these entities are utilizing its stop, standing, regulations, right-of-way ordinances or general commercial vehicle ordinances for such enforcement. Town of Palm Beach: Under Sec. 42-197(11) of the Town's Code of Ordinances, "[t]he commercial loading and unloading of any vehicle, or the opening, destruction and/or disposal of bales, crates, containers, or any other item for businesses located in or adjacent to residentially zoned areas, shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m." Such act is considered a violation under the Town's noise ordinance, specifically Sec. 42-196. In addition, on the Town's website, as of February 15, 2025, the Twon issued as release regarding its car carrier regulations advising that the Town only allows car carriers to load and off-load vehicles in the south parking lot of Phipps Ocean Park. "If carriers are found blocking lanes of traffic, the vehicle owner and homeowner may receive a Code Enforcement Notice of Violation for violation of the Town's Right of Way Ordinance. 106- 1-Class II violation or a Traffic citation for violation of Florida Statutes Section 316.9145 "Stopping, standing, or parking prohibited in specified places." The only possible issue with the above violation is that there may be an argument by the vehicle owner that the violator is actually the carrier (driver) that is loading or unloading the vehicle that is the violator. Coral Gables Sec. 74-59. Freight curb loading zones; time limit; passenger use. (a) No person shall stop, stand or park a vehicle for any purpose or length of time other than the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect. The stop for loading and unloading materials shall not exceed 20 minutes except in specially marked "parcel truck" loading zones where the stop shall not exceed one hour. (b) The driver of a vehicle may stop temporarily at a placed marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading MIAMI I FT LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW COM passengers, when such stopping does not interfere with any vehicle used for transportation of materials which is waiting to enter or about to enter such zone. (Ord. No. 2018-17, § 2(Att. A), 5-8-2017) Sec. 74-50. Streets; obstruction of lanes of traffic, parking and loading/unloading. (a) It shall be unlawful for any driver to park or stop a vehicle so as to obstruct a lane of traffic in a commercial or mixed-use zone of the city. (b) The registered owner and/or driver of the vehicle shall be liable for the violation of this Code section. (c) Nothing in this section is intended to remove the authority of the police department to cite the registered owner and/or driver of the vehicle under any pertinent section of Florida Statutes. (d) A violation of this section shall be considered a code enforcement matter. A citation for a violation of this section may be issued by a city police officer or anyone designated as a code enforcement officer for purposes of this section. (e) The registered owner and/or driver who has been issued a ticket must elect to either: (1) Pay the penalty as provided in section 1-7; or (2) Request an administrative hearing before a special master as set forth in art. VI, division 3 of the City Code of Ordinances. (f) Failure to pay the civil fine, or to timely request an administrative hearing before a hearing officer, shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. (g) Exemptions. Registered owners and/or drivers of the following types of vehicles shall be exempt from this section: (1) City and other government vehicles; (2) Emergency services vehicles; (3) Vehicles owned by the United States Postal Service while engaged in mail delivery; (4) School buses (public or private) while loading/unloading children; (5) Transportation services for the elderly, disabled, or handicapped while loading or unloading passengers; (6) Ridesharing services while loading/unloading passengers; (7) Waste services vehicles; (8) Vehicles operated by medical services providers while loading/unloading passengers; and (9) Armored vehicles. MIAMI I FT LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW COM (h) The city, as well as its elected and appointed officials, employees, and agents, are immunized from civil or criminal liability for actions taken in accordance with this section. Sec. 74-53. Parking prohibited at all times on certain streets. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets so marked by designation of the city. City of Hollywood § 70.22 DESIGNATION OF CURB LOADING ZONES. The City Engineer is hereby authorized to determine the location of passenger and freight curb loading zones and may place and maintain appropriate signs indicating the same, stating the hours during which the provisions of this subchapter and §§ 72.003 and 72.075 are applicable. City of Miami Beach - Attached is the City of Miami Beach Ordinance which regulation is based upon the concept of a commercial and freight loading zone. Aventura would need to analyze whether such concept would be a viable alternative. RECOMMENDATION: None. It should be noted that the City of Aventura does have the following ordinances in place that may be utilized for the car carrier scenario. A commercial is defined under Sec. 48-1 to mean " a vehicle means a vehicle used on public roads in commerce to transport passengers or cargo, excluding private passenger vehicles which do not exhibit any exterior indication of business use. Sec. 48-11. Parking restrictions. (a) There shall be no private or commercial vehicular parking in public or private right- of-way areas within the City of Aventura, except in those road right-of-way areas lawfully developed and designated for parking purposes or approved by the City Manager. (b) Parking of vehicles is prohibited upon: (1) Any streets located within or contiguous to multifamily zoned properties, unless approved by the City Manager; (2) Any area prohibited by State law or Miami-Dade County Code, unless approved by the City Manager; (3) Any unimproved public or private property, unless approved by the City Manager; MIAMI I FT LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW COM (4) Any unpaved or unstabilized area, unless approved by the City Manager. (c) Parking may be further regulated by the City Commission, by ordinance. (d) The parking of vehicles may be temporarily prohibited upon any street or portion thereof where the City Manager or the Chief of Police finds that a temporary restriction on parking is necessary to protect the safety of the public. (e) The provisions of paragraphs (b)(1) and (c) of this section shall not be implemented unless and until any necessary approvals from the State Department of Transportation under F.S. § 316.008(3) (State roads only), and from Miami-Dade County under Sections 30-388.5, 30-388.6 or 30-388.25, County Code, as applicable, have been received and filed of record in the City Clerk's Office. Sec. 48-12. Restrictions on commercial or recreational vehicles. (a) No owner or person having the possession or use of a commercial vehicle or recreational vehicle shall park that vehicle for any period of time on a public right-of- way. This restriction shall not apply, however, to the following: (1) Vehicles owned or operated by a physically impaired individual when a medical doctor has certified that the vehicle is necessary due to said physical impairment; (2) Vehicles then and there engaged in activity consisting of performing authorized landscape installation or maintenance or making deliveries or loading and unloading of passengers or materials; (3) Vehicles owned, operated or contracted by a utility company, who have obtained a City issued public works permit to conduct work within the public right-of-way or for work deemed an emergency. The contractor conducting such work shall be required to restore the landscaping, irrigation, curbing, sidewalks, etc., within the public right-of-way to original or better conditions upon the completion of the permitted or emergency work. (b) The owner of any unauthorized vehicle shall be required to restore the landscaping, irrigation, curbing, sidewalks, etc., within the public right-of-way to original or better conditions upon removal of the vehicle from the public right-of-way. The Police Department will prepare a property damage report to the location with a restoration estimate that will be forwarded to the vehicle owner by the City Manager or designee for reimbursement. MIAMI I FT LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW COM Scooter and Motorcycle citation cheat sheet The below listed violations are the main ones the Traffic Unit uses in order to gain PC to stop motorcycles and scooters. 1. Passing in an occupied lane-316.209(2)This is when they use the same lane a vehicle is in so they can pass the vehicle on the right or left. 2. Passing between lanes of travel-316.209(3)This is when they ride between lanes when traffic is stopped in order to get in front of stopped vehicles. 3. Carrying more than one passenger if scooter is not built for it-316.2085(1) 4. Driving scooter on sidewalk-316.208(4) 5. Tag improperly affixed or not visible-316.2085(3) 6. No/Improper muffler-316.455(6) Many South Americans who have moved to Florida remove their mufflers because they feel it's safer when vehicles can hear them. 7. Improper passing on right using shoulder-316.084(2)-This is when they use the right shoulder to pass or use bike lane to pass. 8. Possess counterfeit tag (Felony)-320.26(1)(a) Felony-If you see a temp tag on a scooter, run it through FCIC/NCIC.A new trend a lot foreign scooter riders are doing is making fake temp tags. They are also being targeted by people selling the tags to them as real. If you feel they didn't know the tag was fake and they were tricked,they are to be cited for non-registered motor vehicle. When conducting enforcement on scooters you WILL encounter the below listed criminal offenses. 1. No valid DL-322.03(1) (Arrestable)-A majority of the scooter riders are in this Country illegally and do not have a Florida DL- If you can prove they live,work,or have kids that go to school and they do not have a FL DL,they are in violation. If they say they are tourists,they need to carry their passport and license from their home Country proving they have a Visa to be here. 2. No motorcycle endorsement(Arrestable)-322.03(4)- Most of the scooters you will encounter are powered with 49cc motors,49cc scooter riders are required to have a Class E drivers license. Anything over 49cc such as a CBR1000 or a Harley Davidson for example, require a FL motorcycle endorsement. 3. Possession of counterfeit DL(Felony)-322.212(1)(a)-A Vast majority of these scooter riders are from foreign Countries and will present you with a fictitious DL from his or her Country.They do this thinking you aren't going to know or you're not going to try and dig deeper. If you have PC to make an arrest you have PC to search. Search Their wallets and check names on credit cards or other forms of ID they might have on their person such as work ID's or deportation orders. a . • lig 'cool Ice pp z- • ` "S • r p C J ALSO Qolice pe ! `Ja' _ , ` cew REMEMBER a , �; `� Flo,fda Florida O Scooters are not allowed on the • Country Club Drive exercise path. _ Il. The only wheeled vehicles CONTACT US _�/ ` T ,� �`` , allowed on the path are ,; , P wheelchairs and thosepowered • ili 1 '!` by the arms and/or leg ,� I i A Q Parents can be cited in addition "� t to their child (16 years of age Non-Emergency (305)466-8989 \ a k ,r and younger) Emergency: 911 / ' • Ail kt; . ' ..,- .,,,,/;,,,, ,.. .9 ... ........;,,,r,..--... _ ! °t v1 19200 W. Country Club Drive x ., Aventura, FL 33190 ■■. \V/ www. cityofaventura .com '�,` ` • .-- RIDE SAFELY ' ��irgrilmi; y.: RIDE SMART A 41 a'"�" - ni. 7 Important tips and laws for staying safe i and smart while riding your bicycle or • • scooter in the City of Aventura. IiiiI41"." 4:) ADDITIONAL INFORMATION II%�.W'� 3 ' eloAo!B (L)S90Z•91£ esuuns o„esuns useM,eq �. ��_r.i� pa,inbe,s,o,aelle,pub s,y6it /� '4 •ii�s45 •i..c: :::: i �'� i� - ,�.,• 0I !9 (9)5942 9(£ ,SDBIgD OM,UDy,8,Ow 6uyaA°Ig ;;Vie' •� or -- . ) • / eaAa�B (°)(5)590Z'9l£ (mol)aylD,,epedwi)q,napuDy iAlanISualep app `�gnop Il 7 ` �' I ,y6u ey,o,esolo epu o,e,n!IDj _-,••. ui uagm •sueulsapad of plan( pue �, p ?t. tiz. �� :i1! 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