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05-24-2001 CC Workshop Agenda ,The C~ty d Aventura 19200 We~ CounWv Club Drive Avenlm~ FL 331~0 City Commission Workshop Meeting May 24, 2001 9:00 A.M. 2. 3. 4. 5. 6. 7. 8. AGENDA Capital Improvement Program 2001-2006' City Manager's Report* "Advisory Boards" Sub - Committee Report* Use of Meeting Rooms Founders Ball City Manager Review Recommended Certificates of Appreciation Commissioner Meetings (Vice Mayor Cohen) * Back-up Information Exists This meeting is open to thc public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need sp~ial accommodations to participate in this meeting because of that disability should ~yat~t the Office of the City Clerk, 305-4664901, not later than two days prior to such proceeding. CITY COMMISSION Mayor Jeffrey M. Perlow Vice Mayor Ken Cohen Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert CITY MANAGER Eric M. So{oka DEPARTMENT DIRECTORS Weiss Serota Heifnmn Pastoriza & Guedes, P.A., City Attorney Harry M. Kilgore, Finance Support Services Robert M. Sherman, Community Se~ices Teresa M. Soroka, City Clerk Thomas Ribei, Police Chief Brenda Kelley, Community Development CIP IN BRIEF 2001 - 2006 This document has been prepared by the City of Aventura to provide important information to the public. This briefing is a summarized version of the 2000-2005 Capital Improvement Program document. This document represents the fourth update of the ClP that was originally prepared for the five year cycle of 1997 to 2002. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2005/06) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The primary goal of the Capital Improvement Program is to develop a long - term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. The program forms the foundation for governmental participation in the development process and represents a commitment by the community toward the achievement and maintenance of a desirable high quality of life. Major emphasis was placed on the following projects: · Cultural Arts Center · Waterways Park Development · Millennium Park/Community/Recreation Center · Purchase Property for Charter School · Citywide Beautification Improvements · Stormwater Drainage Improvements · Road, Street Lighting & Safety Improvements · Improved Radio Communications for Police services $16,000,000 6,400,000 4,500,000 4,000,000 3,495,000 2,575,000 2,285,000 575,000 It is significant to note that the funding plan has little financial impact on residents and the community. The proposed funding plan supports the City Commission's commitment not to increase the current Ad Valorem tax rate for the next year, unless an unforeseen emergency occurs or the public's health, safety welfare or best interests are jeopardized. The only tax increase included in the funding plan is designed to support the proposed Cultural Arts Center and is subject to voter approval. However, depending on economic trends that exist in 2005, the necessity for a tax increase in the fifth year (2005/06) should be seriously evaluated by the City. CIP In Brief 1 The proposed 2001 - 2006 Capital Improvement Program includes 24 projects in 5 functional categories with a total value of $43,315,913. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (34%), Public Buildings and Facilities Improvements (46%), Roadway, Drainage and Infrastructure Improvements (11%), Capital Equipment Purchase and Replacement (5%) and Information/Communication Technology (4%). The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five years covered by the Capital Improvement Program. Table 1 Capital Improvement Program 2001/02-2005/06 Summary By Function Program 2001/02 2002/03 2003/04 2004/06 2000106 TOTAL $ 9,725,000 $ 3,500,000 4,035,000 25,000 Beautification & Parks Facilities Roadway, Drainage & Infrastructure Public Buildings & Facilities 4,000,000 8,000,000 In for mat ion/Conm3unication 489,400 317,050 Technology Capital Equipment 41t,t22 473,081 $ I76,500 $1,t27,000 $ 0 $ 14,077,500 25,500 170,000 600,500 4,500,500 8,000,000 0 0 20,000,000 314,200 307,700 340,000 1,774,350 422,260 395,500 302,600 2,004,563 Totals $ 18,660,522 $12,465,631 $ 8,936,460 $ 2,006,200 $ t,248,100 $ 43,310,513 Information 4% Capital Equipment 5% Beautification & Parks 34% Public Buildings 46% Roadway, Drainage & Infrastruture 11% CIP In Brief 2 The following outlines the major projects by location and the year they are proposed to be funded: Capital Improvement Program 2001/02-2005/06 Summary By Location Lo~ation Founders Park Additions Millennium Park/Community Center Waterways Park Development Biscayne Boulevard (7) Phase ill &IV Charter School Property Country Club Drive Yacht Club Way William Lehman Causeway Biscayne Lake Gardens Area NE t~Sth Street Cultural Arts Facility Aventura Blvd NE 207~ Street Beautification Road Street Drainage Park Sidewalk Facilities Improvements Improve Lighting Improve improve Repairs Improve 2001&2005 2001102 2001-2005 2001102 2002/03 2001/02 2001102 2003104 2004/06 2005/06 2005106 200r~06 2001/02 2001102 2001/02 2001102 2001/02 2002-2004 The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: . Millennium Park/Community/Recreation Center -$4,500,000 · Waterways Park Development -$6,400,000 · Purchase Property for Charter School - $4,000,000 · Updated Cultural Arts Center cost figures in line with the recent study. · Eliminate previously proposed increase in Stormwater Utility rate for 2001/02 fiscal year. ClPInBrief 3 The proposed funding plan supports the City Commission's commitment not to increase the current property tax rate for the next year. The only tax increase included in the funding plan is scheduled for 2004/05 and is designed to support the proposed Cultural Arts Center and subject to voter approval and raising $8,000,000 from private sources. Development and construction of the new $4,500,000 Millennium Park/Community Recreation Center at the end of N E 188th Street. · Construction of a Cultural Arts Center to expand cultural activities for the community and enhance the quality of life for residents. Utilizes a stormwater utility program to correct and improve drainage along roadways for certain areas of the City. A total of $2,575,000 worth of improvements will be completed during the five year period. Includes $6,400,000 for the purchase of additional land and construction of an expanded Waterways Park facility. A total of $3,495,000 of Citywide beautification improvements including median landscaping, decorative street light fixtures and signage is funded to continue to fulfill our goal of being the most beautiful City in South Florida. Major improvements include: Grade Separation Project, Country Club Drive, Yacht Club Way and William Lehman Causeway Includes $4,000,000 to purchase property for the proposed charter elementary school. The systematic replacement of bus benches, shelters and trash receptacles will continue to be made over the next five years. Road maintenance projects to enhance safety are included for NE 207th Avenue, Country Club Drive and Aventura Boulevard. Continues to address a sidewalk improvement and replacement program. Provides the necessary equipment to continue to provide high quality and effective police services Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of city operations. ClP In Brief 4 · Ensures that the tools of production, vehicles, equipment and technology, are avai The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay - as - you - go" financing through annual appropriations to fund $22,215,913 of the total five year amount of $43,315,913 2. If approved by the voters, and subject to obtaining $8,000,000 in private donations and $1,500,000 in state grants, issue long term general obligation bonds with proceeds in the amount of $6,500,000 to fund the Cultural Arts Center. The annual debt service payment of $500,000 would be paid from a voter approved debt service tax increase of 7.0%, which is approximately $32.00 a year for the average resident. 3. Utilize bank loan proceeds for Stormwater drainage improvements in an amount that generates $2,100,000. The annual debt service of will be paid from the proceeds of the Stormwater Utility fees over a five year period. 4. Obtain bank loans in the amount of $11,500,000, which includes the $6,000,000 borrowed in 2000, to fund the following · Waterways Park land purchase and development. · Millennium Park/Community Center construction · Purchase of Charter Elementary School site. The annual debt service will be paid for general fund revenue sources. 5. Utilize funding from Florida Department of Transportation in the amount $1,000,000 to supplement the City's Beatification plans on Biscayne Blvd. 6. Utilize funding from impact fees and grants in the amount of $2,394,426 to assist in the funding of the Waterways Park, drainage and police equipment. 7. No increase in the operating ad valorem tax rate is proposed over the first four years. However, depending on economic trends that exist in 2005 the necessity for a tax increase in the fifth year (2005/06) should be seriously evaluated by the City. The proposed funding plan involves a commitment to annual appropriations established in yearly budgets and long term financing for major projects that are contained in the Capital Improvement Program Long Term Financing Action Plan. Pay-As-You-Go It has been determined that those projects outlined in the five year program but not included in the Long Term Financing Action Plan will be financed under a pay-as-you-go methodology in that they represent a large number of relatively small dollar recurring projects. ClPIn BHef 5 Bond Financing It has been determined that those projects as shown on the Long Term Financing Action Plan will be financed through the issuance of revenue bonds This financing methodology works well with a small number of relatively large dollar value non recurring projects which generally will exist to benefit the current and future resident during the life of the debt. The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five years of the program. Capital Improvement Program 2001/02-2005/06 Summary By Funding Source Funding Source 2001/02 2002/03 2003/04 2004/08 2000/06 TOTAL General $4,327,022 $1,006,805 $842,460 $1,808,200 $1,181,500 $9,846,487 Police Impact Fees 200,000 83,826 69,000 92,000 25,000 484,426 Park Development 1,000,000 400,000 1,400,000 Stoflnwater Utility 2,478,000 25,000 26,000 28,000 25,000 2,676,000 Loon Proceeds 0,650,000 1,850,000 11,000,000 Grants $00,000 1,600,000 2,000,000 G.O. Bond 6,500,000 0 0,000,000 FDOT 1,000,000 0 1,000,000 Private Donations 8,000,000 0 0 8,000,000 $ 18,660,022 $ 12,465,631 $ 8,936,460 $ 2,008,200 $ 1,248,100 $ 43,316,913 The following Action Plan has been prepared to provide an oveiview of projects included in the five year plan to be financed from bond proceeds: 2000 Loan Proceeds ~,ooo,ooo and Proposed 2001 Loan Proceeds $5,500,000 Projects Millennium Park/Community Recreation Center Charter School Site Purchase WatenNays Park Site Purchase and Development Proposed 2001 Stormwater Utility Loan* $2,100,000 Projects Biscayne Lake Gardens Area Drainage Improvements NE 27th Court, NE 29th Place, NE 29t~Court, NE 30th Avenue NE 201 Terrace and N. E. 203 Street **to be secured by Stormwater Utility Fee Proceeds Proposed 2002 General Obligation Bond Series** $6,500,000 Cultural Arts Center Project ** to be secured by tax increase which requires voter approval. CIP In Brief 6 This chart provides an overview of the funding plan for the General Fund including projected revenues and expenditures over the next five years. TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL CAPITAL IMPROVEMENT PROGRAM 2001/02 2002/03 2003F2004 2004/05 2005/06 TOTAL PROJECTED AVAILABLE RESOURCES PROJECTED OPERATING EXPENDITURES TRANSFER TO GENERAL CAPITAL IMPROVEMENT PROGRAM BALANCE FROM PREVIOUS YEAR TOTAL AVAILABLE RESOURCES FOR CIP $18,650,600 $19,597,391 $19,359,887 $20,422,926 $21,013,421 15,923~637 17~162~612 18~881~495 20~067,485 21~359~025 2,726,963 2,434,779 478,392 355,440 (345,605) 7~422~482 5~821,923 61649,897 6~285~829 4~753~070 10,149,445 8,256,702 7,128,289 6,641,270 4,407,465 PAY*AS-YOU-GO PROPOSED APPROPRIATION - ClF 4,327,522 1,606,805 842,460 1,888,200 1,181,500 BALANCE IN CIP - END OF YEAR The City's finances remain strong and healthy over the five year period, however the need for a tax increase in the fifth year (2005/06) should be seriously evaluated by the City based on economic trends at that time. $25,000,000 $20,000,000 $15,000,000 $10,000,000 $~,000,000 ~"'""'- '" "' Revenues ~ ,Expenditures .... ClP '"'"""'"'Fund Balance 2001/02 2002/03 2003/04 2004/05 2005/06 ClP In Brief 7 The following projects are scheduled for the fiscal year beginning October 1,2001 and ending September 30,2002: Project Amount Millennium Park/Community Recreation Center Waterways Park Purchase Purchase School Property Founders Park Improvements Citywide Beautification Improvements: Biscayne Boulevard Grade Separation Country Club Ddve Irrigation Pumps $4,500,000 3,650,000 4,000,000 5,000 1,320,000 Install 3 shelter, 10 benches and trash receptacles Biscayne Lake Gardens Drainage Improvements NE 188th Street Drainage Improvements Street Lighting Improvements: Country Club Drive NE 188th Street Sidewalk Improvements Country Club Ddve Resurfacing Computers & Communications: Mobile Laptops, Handheld Radios, Mobile Radios, Information Management System, and Computers. 250,000 1,575,000 900,000 750,000 10,000 800,000 489,400 Capital Equipment 411,122 Total Capital Projects Expenditures $18,660,522 ClP In Brief 8 Over $43,315,913 worth of improvements will be completed over the next five years without a tax increase. The CIP sets the tone and spirit for the next five year period of the City's incorpoation, establishing a strong sense of community by providing schools, community canters and more parks. The City of Aventura has one of the lowest tax rates in Dade County. The following table compares the tax rates of the cities located in Dade County: Pinecrest 2.1000 Aventura 2.2270 UMSA 2.4470 Sunny Isles 2.5000 Bal Harbour 3.1100 Sweetwater 3.4400 Key Biscayne 3.6060 Virginia Gardens 4,8430 Bay Harbor Island 5.0000 Coral Gables 5.5000 Sur[side 5.6030 North Bay Village 5.7838 South Miami 6.3730 Hialeah Gardens 6.9120 Hialeah 7.5280 El Portal 7.7000 Medley 7.9230 Miami Springs 8.0380 North Miami Beach 8.3960 Florida City 8.4000 West Miami 8.4950 Homestead 8.5000 Golden Beach 8.5900 North Miami 8.7010 Miami Shores 8.8778 Biscayne Park 8.9000 Islandia 9.2263 Miami Beach 9,5080 Indian Creek 9.6612 Opa Locka 9.8000 Miami 10.7750 ClP In Brief 9 CIP In Brief II TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~'~, Eric M. Soroka, Cityy~f~age% May 22, 2001 L~ ~ Amendments to the Charter School Law I have attached for your review portions of CS/CS/HB 269, amendments to the Florida Statutes that provide that municipal sponsored charter schools can limit enrollment to residents. This legislation is part of a larger amendment to the Charter School requirements and has passed the State Legislature and is awaiting the Governor's signature. EMS/aca Attachment CCO975-01 Bill No. CS/CS/HB 269, 1st Eng. Amendment No. Barcode 534274 SENATE AMENDMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Notwithstanding any limit established by this subsection, a district school board or a charter school applicant shall have the right to request an increase of the limit on the number of charter schools authorized to be established within the district from the State Board of Education. (7)(6)' ELIGIBLE STUDENTS.-- (a) A charter school shall be open to any student covered in an interdistrict agreement or residing in the ~chool district in which the charter school is located; however, in the case of a developmental research school created under s. 228.053 to which a charter has been issued under paragraph (4) (e), the charter school shall be open to any student eligible to attend the developmental research school as provided in s. 228.053 or who resides in the school district in which the charter school is located. Any eligible student shall be allowed interdistrict transfer to attend a charter school when based on good cause. When a public school converts to charter status, enrollment preference shall be given to students who would have otherwise attended that public school. A charter school may give enrollment preference to a sibling of a student enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school. (bl The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a random selection process. (c) A charter school may limit the enrollment process only to target the following student populations: 28 h0269c2c-06j02.se§l 1:33 PM 05/04/01 Bill NO. CS/CS/HB 269, 1st En~,. Amendment No. Barcode 534274 SENATE AMENDMENT 1 1. students within specific age groups or grade 2 levels. 3 2. Students considered at risk of dropping out of 4 school or academic failure, such students shall include 5 exceptional education students. 6 3. Students enrolling in a charter ~ 7 ~chool-in-the-workplace or charter school-in-a-municipality 8 established pursuant to subsection (22), 9 4. students residing within a reasonable distance of 10 the charter school, as described in paragraph (13) (c). such 11 students shall be subjec~ to a random lottery and to the 12 racial/ethnic balance provisions described in subparagraph 13 (9) (a) 8. or any federal provisions which require a school to 14 achieve a racial/e~hnic balance reflective of the community it 15 serves or within the racial/ethnic range of other public 16 schools in the same school district. 17 5. Students who meet reasonable academic, artistic, or 18 20 21 22 other eligibility standards established by the charter school and included in the charter school application and charter in the case of existing charter schools, standards that are consistent with the school's mission and purpose. Such standards must be in accordance with current state law and 23 practice in public schools and may not discriminate against 24 otherwise qualified individuals. 25 6. students articulating from one charter school to 26 another pursuant to an articulation agreement between the 27 ~harter schools which has been approved by the sponsor. 28 (d) A student may withdraw from a charter school at 79 any time and enroll in another public school as determined by ~0 school board policy. ~1 (e) Students with handicapping conditions and students 29 h0269c2c-06jo2.segl 1:33 PM 05/04/01 Bill No. CS/CS/~B 269, Amendment No. __ Barcode 534274 SENATE AMENDMENT 1 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS 2 IN-A-MUNICIPALITY.-- 3 (a) In order to increase business partnerships in 4 education, to reduce school and classroom overcrowding 5 throughout the state, to encourage developer~ of residential 6 other projects to provide school infrastructure concurrent. 7 with school impacts, to promote and encourage local 8 communities to participate in and advance the cause of 9 neighborhood schools,and to offset the high costs for 10 educational facilities construction, the Legislature intends 11 to ~ncourage the formation of business partnership schools or 12 satellite learning centers through charter school status. 13 (b) A charter school-in-the-workplace may be 14 established when a business partner provides the school 15 y to be used; enrolls students based upon a random 16 lottery which involves all of the children of employees of ~7 that business or corporation who are seeking enrollment, as 18 provided for in subsection (6); and enrolls students according 19 to the racial/ethnic balance provisions described in 20 subparagraph (9) (a) 8. Any portion of a facility used for a 21 public charter school shall be exempt from ad valorem taxes, 22 as provided for in s. 235.198, for the duration of its use as 23 a public school. 24 {c) A charter school-in-a-municipality designation max 25 be ~ranted to a municipality that possesses a charter; enrolls 26 students based upon a random lottery that involves all of the 27 children of the residents of that municipality who are seekin~ 28 enrollment, as provided for in subsection (6); and enrolls 29 students accordin~ to the racial/ethnic balance provisions 30 described in subparagraph (9) (a) 8. Any portion of the land and 31 facility used for a public charter school shall be exempt 48 h0269c2c-O6j02.se~l 1:33 PM 05/04/01 Bill No. CS/CS/HB 2~9 Amendment No. Barcode 534274 SENATE AMENDMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 28 29 31 ad valorem taxes, as provided for in s. 235.198, for the duration of its use as a public school.: (d) As used in this subsection, the terms ,,business partner," ,,employer," ,,developer," or ,,municipality" ma~y include more than one business, employer, developer, oE municipality to form a charter school-in-the-workplace.;. charter school-in-a-development, or charter school-in-a-munlcipality~ Section 13. Subsection (1) of section 228.0561, Florida Statutes, is amended to read: 228.0561 Charter schools capital outlay funding.-- (1) In each year in which funds are appropriated for charter school capital outlay purposes, the Commissioner of Education shall allocate the funds among eligible charter schools. To be eligible for a funding allocation, a charter school must meet the provisions of subsection (6), must have received final approval from its sponsor pursuant to s. 228.056 for operation during that fiscal year, and must serve students in facilities that are not provided by the charter school's sponsor. Prior to the release of capital outlay funds to a school district on behalf of the charter school, the Department of Education shall ensure that the district school board and the charter school governing board enter into a written agreement that includes provisions for the reversion of any unencumbered funds and all equipment and proper~y purchased with public education funds to the ownership of the district school board, as provided for in subsection (3), in the event that the school terminates operations. Any funds recovered by the state shall be deposited in the General Revenue Fund. A charter school is not eligible for a funding allocation if it was created by the conversion of a public 49 h0269c2c-06j02.segl 1:33 PM 05/04/01 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City May 22, 2001 Summary of School Board Meeting to Review City's Charter Schools Proposal Attached is an outline of the proposal that was recently discussed with the Miami-Dade County School System to develop a partnership and obtain financial assistance for the creation of the Charter Schools in the City. will review the results of the meeting with the Commission at the Workshop Meeting. EMS/aca Attachment cco976-Ol Proposal City of Aventura Municipal Charter School encompassing both an elementary school and satellite "PLC"; with M-DCPS contribution/partnership Costs to M-DCPS: PLC siteANilliams Island - M-DCPS acquires site through its established policies and procedures, possibly through a contribution in-lieu of impact fees arrangement with no actual payout of funds. M-DCPS leases the site back to the City on a long-term basis for $1 per year. Estimated cost to M-DCPS is $1,600,000 (Note: assumes development rights on the site have been re-established). Contribution in-lieu of impact fee arrangement would satisfy Ordinance/Interlocal requirements as funds are being used within the Benefit District to serve impacts of new development. M-DCPS can legally and has historically leased lands to other governments for public purposes for $1 per year. This is especially applicable to this site since, but for the request and action of the City, this site would not be available to M-DCPS. Elementary Site - City would be responsible for acquisition, but would request a one-time contribution of funds from M-DCPS, in an amount less than the $3,190,000 currently budgeted for PLC construction. Estimated cost to M-DCPS is not to exceed $3,000,000. 3. Cost of PLC construction - City would be responsible for construction (approximately 250 student stations). Estimated cost to M-DCPS is $0. Cost of Elementary School construction - City would be responsible for construction (approximately 600 student stations). Estimated cost to M-DCPS is $0. Total Estimated Capital Cost to M-DCPS for the provision of 850 student stations = $4,600,000 ($5,412 per student station). Additional M-DCPS benefits: M-DCPS gets the benefit of charter school capital outlay funds which it has no independent means of tapping into. M-DCP funds can be re- directed for other capital needs. M-DCPS will be supporting the State's and its own preference for smaller neighborhood schools. Due to limited funds, overwhelming needs and scarcity of sites, M-DCPS does not generally have the luxury of building small schools. Such an innovative public/public partnership to capitalize on available sources of funding to provide student stations in areas of extreme overcrowding and/or growth should be looked upon favorably, especially in the current political climate of the State which supports charter schools and innovative educational approaches. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City May 22, 2001 Update - Purchase of 3333 N.E. 188th Street Property for Charter Elementary School Attached is correspondence regarding the negotiations between the owner's representative and I concerning the purchase of the subject property. I will review this matter at the Workshop Meeting. EMS/aca Attachment CCO974-01 ViA FACSIMI~.E T~ANSMISSION May 21, 2001 Eric Soroka, City Manager City of Aventura 2999 N.E. 191't Street, Suite 500 Aventura, Florida 33180 Re, 3333 N.Z. 188~h Street, Aventura, Florida Dear City Manger Soroka: Pursuant to your letter of intent, dated May 17, 2001, which was sent to the undersigned via facsimile transmission on May 18, 2001, and which I reviewed this morning, please be advised that said letter is not acceptable to my client. As you know, my client submitted a contract to the City of Aventura with a purchase price of $4,350,000.00 almost two months ago. Should the City of Aventura meet my client's price, we will be happy to discuss the other terms and conditions which axe different than those contained in the contract we submitted to the City, referred to abowe. As I advised you last week, my client recently received a final order for writ of possession in the litlga~i~n he had with his sub-tenant. At this point in time, my client ~S in the process of negotiating a long-term lease. If a lease is signed prior to us entering into a contract, the City will have to buy the property subject to the lease and should the City decade to seek eminent domain, they will also have another claim for damages from the new sub-tenant, ~/rsuant to my previous conversation with you, our offer has been and is still $4,350,000.00. My client has not waivered with the price he wants for his property (where he also has his boat business) nor do I expect him to do so. Should you have any questions, please do not hesitate to contact me. Thank you. Sincerely, M~~J. SNYDKR, ESQ. MJS:tlh City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager Via Facsimile & U.S. Mail (305) 937-0102 May17,2001 Michael J. Snyder, Esq. Michael J. Snyder, P.A. 20803 Biscayne Boulevard, Suite 200 Aventura, Florida 33180 Re: 3333 N.E. 188th Street, Aventura, Florida Dear Mr. Snyder: As you are aware, we have had ongoing discussions regarding the purchase of the subject property. The purpose of this letter is to advise you that the City of Aventura ("City") is interested in purchasing from your client the above referenced property. The City Commission authorized me to negotiate a proposed Contract for Purchase and Sale ("Contract") for the acquisition of the property by the City, and present the Contract to the City Commission for its consideration. The purpose of this letter is to set forth the City's intent to purchase the property based upon the terms and conditions outlined below, subject to the City Commission's approval of the Contract: 1. Seller. 333 Aventura Realty Corp. 2. Buyer. City of Aventura. Property. Certain improved real property consisting of approximately three acres located at 3333 N.E. 188th Street, Aventura, Florida. Purchase Price. Four Million Two Hundred Thousand Dollars ($4,200,000). Buyer shall deposit with Buyer's attorney an earnest money deposit in the amount of Ten Thousand ($10,000). PHONE: 305466-8910 · F~x: 305466-8919 www. cityofaventura.com May 17, 2001 Michael J. Snyder, Esq. Page Two 10. 11. Buyer's Inspections. For a period of thirty (30) days following the execution of the Contract, Buyer will have the right to enter upon the property and make all inspections and investigations it deems necessary. Seller will deliver to Buyer all records relating to the property that it may have in its possession or control including prior title insurance policies, surveys, plans, permits, certificates and other relevant documents. If the inspections and investigations are unsatisfactory to Buyer for any reason whatsoever, prior to the expiration of the thirty (30) day inspection period Buyer may terminate the Contract. Title. Upon closing, Seller will deliver to Buyer marketable and insurable fee simple title to the property and possession thereof free and clear of all liens and encumbrances (except title encumbrances approved by Buyer) pursuant to a warranty deed. Governmental Approvals Continqency. Buyer's obligation to close the transaction will be contingent upon it obtaining all valid, final, non-appealable governmental approvals by the City Commission (collectively, the "Governmental Approvals") to pumhase the property and finance the acquisition thereof. Buyer will have a period of thirty (30) days following the execution of the Contract to obtain the Government Approvals. Closing. Closing will occur on or before November 1, 2001. Closing Costs. Seller will pay the documentary stamp taxes and surtaxes associated with the conveyance and the cost of recording any corrective title instruments. Buyer will pay the cost of the title commitment and title policy as well as the recording of the deed. Each party will pay its respective attorney's fees. Broker. There is no broker involved in this transaction entitled to a commission or fee of any kind whatsoever. Contract for Purchase and Sale. Buyer's attorney will prepare the Contract and submit it for approval and execution by the Seller. The Contract will contain representations and warranties made by the Seller and acceptable to the Buyer regarding ownership, possession, corporate status and authority as well as representations and warranties regarding the environmental condition of the property. All representations and warranties of Seller will survive the closing. May17,2001 MichaelJ. Snyder, Esq. Page Three This letter of intent represents the mutual intent of the parties to negotiate in good faith to complete and execute the Contract. 12. No Neqotiation with Third Party. in consideration of Buyer's effort in negotiating and drafting the Contract, Seller agrees not to enter into any firm commitment with any other party after the acceptance of this letter of intent until the finalization of the Contract, but may continue negotiations and discussions with other potential buyers. Although it is understood that this letter is a non-binding expression of the City's intent, it is my belief that subject to successful negotiations, the City will enter into the Contract and, upon your execution of this letter of intent, I will authorize the City attorney to immediately begin the preparation of the Contract. If the terms of the transaction as set forth in this letter meet with your approval, please sign a copy of this letter where indicated and return it to me via facsimile. If t do not receive a response from you by May 29, 2001, I will presume that you have no interest in the foregoing. In such case or in the event we are unable to negotiate the terms and conditions of an arms length purchase of the property by the City pursuant to the Contract, please be advised that, upon the authorization of the City Commission, the City shall seek to use its powers of eminent domain to acquire the property. In the meantime, if you have any questions or comments, please feel free to call me. Sin y, City Maria e~(~/ EMSfaca cc: Steven W. Zelkowitz, Esq. CM01321-01 May 17, 2001 Michael J. Snyder, Esq. Page Four Accepted and Agreed to this __ day of May, 2001. By: Name: Title: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission / Eric M. Soroka, City/~ May 18, 2001 Advisory Boards - Commission Sub-Committee Report Attached hereto please find the following documents relating to the above subject: Minutes for Advisory Board; Proposed Ordinance Creating Economic Development Advisory Board; Proposed Ordinance Repealing the Beautification Advisory Board and Recreation and Cultural Arts Advisory Board and Replacing Them With the Community Services Board; Proposed Guidelines for Establishing Cultural Arts Center Foundation Policy; EMS/aca Attachment cc0970-01 A h ntCity °f MINUTES ADVISORY BOARDS SUB-COMMITTEE MEETING TUESDAY, APRIL 24, 2001 3 PM Aventura Government Center 2999 NE 191't Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 3:10 p.m. by Chairman Commissioner Jay R. Beskin. Present in addition to Commissioner Beskin were Commissioners Arthur Berger and Harry Holzberg, City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. Vice Mayor Ken Cohen was also in attendance. Commissioner Beskin stated the purpose of the meeting was to discuss ways to increase citizen participation in the City through advisory boards. Mr. Soroka presented the following proposals for consideration: · Combine the current Beautification and Recreation/Cultural Arts Advisory Boards and provide for a membership of 13 residents. · Establish a 13-member Economic Development Advisory Board. · Establish Cultural Arts Center Foundation. Mr. Soroka provided proposed Mission Statement, Foundation Plan and Foundation Goals. After consideration and discussion of the above, it was the consensus of the Committee as follows: Combine Beautification and Recreation and Cultural Arts Advisory Boards to form one 13-member Board to be known as the Community Services Advisory Board. Provide for additional responsibility to include youth programs and senior citizen programs. Seven members to be nominated by Commission and approved by Mayor. Commissioners to provide their nomination in writing to the City Manager, with copies to all Commissioners. Six members to be selected by the Commission through application process. Specific procedure for selection to be set forth by ordinance. Establish 13-member Economic Advisory Board utilizing selection process as set forth above. Establish 13-member Cultural Arts Center Foundation utilizing selection process as set forth above. Committee approved Mission Statement, Foundation Plan and Foundation Goals as proposed by Mr. Soroka. Board members must be Aventura residents, except for the Economic Advisory Board which will include members of the City's business community. Term of office: Commission appointments are for one year. Those selected through application process serve two years. Chair for Community Services and Economic Advisory Boards serves 1 two-year term. No term limit for Chair of Foundation. Committee suggests that meetings be held monthly at 6 p.m. The meeting adjourned at 4:30 p.m. T . S Clerk 2 ORDINANCE NO. 2001-__ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to create an advisory body, to be known as the City of Aventura Economic Development Advisory Board, to provide advice and recommendations to the City Commission on matters concerning businesses and economic development in the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Creation, Composition and Qualifications. A. There is hereby created and established the City of Aventura Economic Development Advisory Board (the "Board") consisting of thirteen (13) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members shall be appointed based on procedures established by the City Commission. Members of the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. It is the expressed intent of this Ordinance that the Board consists of a broad representation of the business community including, but not limited to, small business owners and not-for profit organizations. Each member of the Board Ordinance No. 2001-__ Page 2 shall either own, operate or be the CEO of a business within the corporate limits of the City, or be a resident of the City presently retired who has extensive experience in business or marketing. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. C. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. D. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Section 2. Term of Office. Board members selected by Commission nomination shall serve for a term of one year and may be re-appointed. Board members selected by the application process shall serve for a two-year term and may be re-appointed. Section 3. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. 2 Ordinance No. 2001-__ Page 3 Section 4. Rules of Procedure. The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shal~ utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. A. During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman, both of whom shall serve in such capacity for one term. B. Nine (9) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least seven (7) affirmative votes shall be required for official action. Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice adopted by motion to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: · To provide the City with the benefit of knowledge, experience and business resources in order to further the efforts of the City in business attraction, retention and development. · To advise the City Commission and City Manager as to specific issues regarding efforts to expand and diversify the commercial tax base, business recruitment, retention and expansion. · To provide input relative to commercial redevelopment and revitalization. 3 Ordinance No. 2001-__ Page 4 · To provide input relative to City services that affect the business community and other issues that affect the business community. · To recommend programs that will promote and market the City's business community. · Other matters assigned by the City Commission or City Manager. Section 6. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 7. 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 8. Inclusion in the Code. 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 relettered to accomplish such intentions; and that the work "Ordinance" shall be changed to "Section" or other appropriate word. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 4 Ordinance No. 2001-__ Page 5 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this 5th day of June, 2001. 5 Ordinance No. 2001-__ Page 6 PASSED AND ADOPTED on second reading this 3~d day of July, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 6 ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" - ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission desires to discontinue the Beautification Advisory Board and Recreation and Cultural Arts Advisory Board, established by Ordinance No. 96-10, as amended by Ordinance No. 96-23, and Ordinance No. 96- 24 as provided for in Section 2-121 through 2-156 of Article II "Advisory Boards" of Chapter 2 "Administration"; and WHEREAS, the City Commission desires to create a new Advisory Board, to be known as the Community Services Advisory Board, to provide advice and recommendations to the City Commission on matters concerning City beautification projects, cultural arts, special events, youth programs, senior citizen programs and recreational activities. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Division 2 "Beautification Advisory Board", Sections 2-121 through 2-126 and Division 3 "Recreation and Cultural Arts Advisory Board" Sections Ordinance No. 2001-__ Page 2 2-151 through 2-156 of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code, which read as set forth on Exhibit "A" attached hereto, are hereby repealed. Section 2. That Chapter 2 "Administration", Article III, "Advisory Boards" of the City Code is hereby amended to create a new Division 2 entitled "Community Services Advisory Board", to read as follows: DIVISION 2. COMMUNITY SERVICES ADVISORY BOARD Sec. 2-121. Creation, Composition and Qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of thirteen (13) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (b) Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six (6) month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired 2 Ordinance No. 2001-_ Page 3 portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: 1. Expressed interest and/or experience in landscape design and architecture, beautification projects, youth and/or senior citizen programs, recreation activities, culture and the arts. 2. Evidence of a commitment to serve and act in the best interests of the citizens of Aventura. (c) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Sec. 2-122. Term of Office. Board members selected by Commission nomination shall serve for a term of one year and may be re-appointed. Board members selected by the application process shall serve for a two-year term and may be re-appointed. Sec. 2-123. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. Sec. 2-124. Rules of Procedure. Ordinance No. 2001- Page 4 (a) The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman, both of whom shall serve one term. (c) Nine (9) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least seven (7) affirmative votes shall be required for official action. Sec2-125. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: · Stimulate greater public awareness and appreciation of the importance of beautification, recreation and cultural arts in the City. · Assist in the formulation of special events, recreation activities, senior, youth and cultural programs. · Provide recommendations on landscaping and beautification projects. · Promote the sponsorship of cultural arts and special events by community and civic organizations. · Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. · Act as the City's tree board for the Tree City USA requirements. · Other matters assigned by the City Commission and City Manager. 4 Ordinance No. 2001-__ Page 5 Sec. 2-126. Standards of Conduct for Members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 3. Severabilit¥.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 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. 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 relettered to accomplish such intentions; and that the work "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 - and, upon being put to a vote, the seconded by Commissioner vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman 5 Ordinance No. 2001-__ Page 6 Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second Commissioner was as follows: reading. The motion was seconded by , and, upon being put to a vote, the vote Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED on first reading this 5th day of June, 2001. PASSED AND ADOPTED on second reading this 3rd day of July, 2001. A'I-I-EST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-I'ORNEY ADMINISTRATION § 2-122 DMSION 2. BEAUTIFICATION ADVISORY BOARD Sec. 2-121. Created; membership. (a) Board created; appointment of members; compensation of members. There is hereby created and established the City Beautification Advisory Board, consisting of seven members, who shall be appointed by the Mayor subject to the approval of the City Commission. Each member of the City Commission may recommend appointments to the Mayor. Members of the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage or per diem expenses. (b) Qualifications of members; vacancies. Each member of the Board shall be a qualified elector of the City who has continuously resided within the City for the six-month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his term of office shall be deemed to have resigned as of the date of his change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: (1) Expressed interest and/or experience in landscape design and architecture, and beautification projects. (2) Evidence of a commitment to serve and act in the best interests of the citizens of the City. (c) Absence from meetings. If a member of the Board shall be absent from a duly called meeting of the Board for three consecutive meetings, or if a member has three unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds of the remaining members of the Board. (d) Duties of City Manager. The City Manager or his desiguee shall serve as an ex officio (nonvoting) member of the Board and provide necessary staff support for the Board. (Ord. No. 96-24, § 1, 10-16-96) Sec. 2-122. Term of members. The initial term of office for members of the Beautification Advisory Board shall be from October 16, 1996, until November 3, 1997. Thereafter, terms of office for members of the Board shall be for a period of one year, with eligibility for reappointment. (Ord. No. 96-24, § 2, 10-16-96) Supp. No. 5 CD2:7 § 2-123 AVENTURA CODE Sec. 2-123. Board to serve in advisory oapacity. The powers and duties of the Beautification Advisory Board shall be solely of an advisory nature to the City Commission and City Manager. (Ord. No. 96-24, § 3, 10-16-96) Sec. 2-124. Rules of procedure; officers; voting. (a) The Beautification Advisory Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State and shall utilize Robert's Rules of Order, recently revised 1990 edition, for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board for each annual term, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman. (c) Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least four affirmative votes shall be required for official action. (Ord. No. 96-24, § 4, 10-16-96; Ord. No. 2000-12, § 1, 5-2-00) Sec. 2-125. Jurisdiction. The jurisdiction of the Beautification Advisory Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: (1) Stimulate greater public awareness and appreciation of the importance of beautifica- tion projects in the City. (2) Provide recommendations on landscaping and beautification projects. (3) Act as the City's Tree Board for the Tree City USA requirements. (4) Other matters assigned by the City Commission or City Manager. (Ord. No. 96-24, § 5, 10-16-96) Sec. 2-126. Standards of conduct for members. All members of the Beautification Advisory Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to section 7.03 of the Charter. (Ord. No. 96-24, § 6, 1046-96) Secs. 2-127--2-150. Reserved. Supp. No. 5 CD2:8 ADMINISTRATION § 2-153 DIVISION 3. RECREATION AND CULTURAL ARTS ADVISORY BOARD Sec. 2-151. Created; membership. (a) Board created; appointment of members; compensation of members. There is hereby created and established the City Recreation and Cultural Arts Advisory Board, consisting of seven members, who shall be appointed by the Mayor subject to the approval of the City Commission. Each member of the City Commission may recommend appointments to the Mayor. Members o£ the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage or per diem expenses. (b) Qualifications of members; vacancies. Each member of the Board shall be a qualified elector of the City who has continuously resided within the City for the six-month period immediately prior to the appointment, and shal] not be an employee of the City. Any member who ceases to reside within the City Limits during his term of office shall be deemed to have resigned as of the date of his change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term o£the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: (1) Expressed interest and/or experience in recreation activities, culture and the arts. (2) Evidence of a commitment to serve and act in the best interests of the citizens of the City. (c) Absence from meetings. If a member of the Board shall be absent from a duly called meeting of the Board for three consecutive meetings, or if a member has three unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds of the remaining members of the Board. (d) Duties of City Manager The City Manager or his designee shall serve as an ex officio (nonvoting) member o£ the Board and provide necessary staff support for the Board. (Ord. No. 96-10, § 1, 746-96; Ord. No. 96-23, § 1, 10-16-96) Sec. 2-152. Term of members. The initial term of office for members of the Recreation and Cultural Arts Advisory Board shall be from October 16, 1996, until November 3, 1997. Thereafter, terms of office for members of the Board shall be for a period of one year, with eligibility for reappointment. (Ord. No. 96-10, § 2, 7-16-96) Sec. 2-153. Board to serve in advisory capacity. The powers and duties of the Recreation and Cultural Arts Advisory Board shall be solely of an advisory nature to the City Commission and City Manager. (Ord. No. 96-10, § 3, 7-16-96) Supp. No. 5 CD2:9 § 2-154 AVENTURA CODE Sec. 2-154. Rules of procedure; officers; voting. (a) The Recreation and Cultural Arts Advisory Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State and shall utilize Robert's Rules of Order, recently revised 1990 edition, for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board for each annual term, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman. (c) Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least four affirmative votes shall be required for official action. (Ord. No. 96-10, § 4, 7-16-96; Ord. No. 2000-12, § 2, 5-2-00) Sec. 2-155. Jurisdiction. The jurisdiction of the Recreation and Cultural Arts Advisory Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: (1) Stimulate greater public awareness and appreciation of the importance of recreation and cultural arts in the City. (2) Assist in the formulation of special events, recreation activities and cultural programs. (3) Promote the sponsorship of cultural arts and special events by community and civic organizations. (4) Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. (5) Other matters assigned by the City Commission or City Manager. (Ord. No. 96-10, § 5, 7-16-96; Ord. No. 96-23, § 1, 10-16-96) Sec. 2-156. Standards of conduct for members. All members of the Recreation and Cultural Arts Advisory Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to section 7.03 of the Charter. (Ord. No. 96-10, § 6, 7-16-96) Secs. 2-157--2-180. Reserved. Supp. No. 5 CD2:10 RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF MEMBERS TO ADVISORY BOARDS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The following procedures shall be utilized by the City Commission in the appointment of members to Advisory Boards. A. Each Commissioner shall nominate one individual for appointment to each Board established by ordinance of the City Commission by providing said nomination in writing to the City Manager. The City Manager shall provide copies of the nomination to all members of the Commission. Appointments shall be made by the Mayor subject to approval by the Commission by Resolution. B. The remaining members of each Board shall be appointed as follows: 1. The City Manager shall advertise for and receive applications from interested individuals that desire to serve on the City's Advisory Boards. 2. Copies of all applications shall be provided to the City Commission and the City Commission shall interview the interested applicants at a Workshop Meeting. Resolution No. 2001__ Page 2 3. After utilizing this process, the Mayor shall make appointments to the Advisory Board, subject to approval of the Commission by Resolution. Section 2. This Resolution shall become effective immediately upon its adoption. who moved The foregoing Resolution was offered by Commissioner , its adoption. The motion was seconded by Commissioner ., and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: JEFFREY M. PERLOW, MAYOR CiTY ATTORNEY Aventura Cultural Arts Center Foundation Policy: Mission Statement: Provide a fund-raising instrument for the express purpose of securing funding for the construction, development, operation and maintenance of a cultural arts center within the City of Aventura. Foundation Plan · Identify and solicit key people in Aventura who will commit to this Foundation. Establish a Board of Directors consisting of thirteen (13) members and file with State and Federal government for charitable non- profit organization status. · File appropriate by-laws, banking, and legal documents as a charitable non-profit corporation. · Develop mission statement that addresses purpose and vision for Foundation. · Hold meetings with Foundation Board to develop policies to obtain objectives contained in mission statement. D,.evelop relationships with banks, utilities, developers, hospitals, Aventura Marketing Council, Aventura Chamber of Commerce, Joint Council, condominium boards, as well as individual philanthropists to obtain commitment to building a Cultural Arts Center. · Establish fund raising goals. · Secure engineering and architect firms for professional assistance and estimates for services. Foundation Goals: To solicit and accept donations, gifts, bequest, and legacies from individuals, organizations and corporations that further the overall purpose of the Foundation. To contribute to the quality of the urban setting in Aventura by providing financial assistance in the acquisition, construction, development, operation and maintenance of a Cultural Arts Center in the City of Aventura. To contribute to the quality of life in Aventura by providing financial assistance for the implementation and development of cultural, recreational, and educational programs that benefit the health and leisure needs of residents in the Aventura community. · To inform and educate Aventura citizens about the importance of quality cultural arts programs and leisure opportunities in the City of Aventura. Can Our Street Handle School Traffic? The location of a school here would: · Cause severe traffic conges~on · Obstruct Fire/Rescue vehicles · Put our children's safety at risk City Commissione. t Arthur Betge~ urges you m come to this important information mee6ng to take place on: YOUR VOICE COUNTS!