03-04-2008
Cit,y Commission
Susan Gottlieb, Mayor
A~e City of
rl..Ventura
Cit,y M/lmIKU
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Billy Joel
T eri Holzberg
Michael Stern
Luz Urhaez Weinberg
Cit,y Clerk
Teresa M. Soroka, MMC
Cit,y Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
MARCH 4, 2008 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
Employee Service Awards
5. CONSENT AGENDA: 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.
A. APPROVAL OF MINUTES:
February 5, 2008 Commission Meeting
February 21, 2008 Special Meeting
February 21,2008 Workshop Meeting
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$41,500 FOR THE PURCHASE OF EQUIPMENT FOR
COMMUNICATIONS TRAILER, SURVEILLANCE
EQUIPMENT, AMMUNITION STORAGE VAULT AND
TRAINING EQUIPMENT FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA FLORIDA SUPPORTING THE CURRENT
FLORIDA FOREVER PROGRAM, AND ITS SUCCESSOR
PROGRAM, THAT SUPPORTS FLORIDA COMMUNITIES
TRUST; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS: None.
Mardl4, 2008 Commissicm Meeting
7. ORDINANCES: FIRST READINGIPUBLIC INPUT: CITY COMMISSION,
ACTING IN ITS CAPACITY AS THE A VENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-09,
WHICH ORDINANCE ADOPTED A CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY
OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 -
JUNE 30) BY REVISING THE 200712008 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING - PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE IV
"FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT
FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT
OF A TRANSPORTATION MITIGATION IMPACT FEE FUND;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, ESTABLISHING THE A VENTURA
BUSINESS TAX EQUITY STUDY ADVISORY BOARD, WHICH
SHALL SERVE AS THE EQUITY STUDY COMMISSION FOR
THE LOCAL BUSINESS TAX RECLASSIFICATION AND
REVISION, AND ESTABLISHING PROCEDURES FOR
APPOINTMENT OF MEMBERS, A TIMETABLE AND RULES
OF PROCEDURE; PROVIDING A SUNSET PROVISION, AND
PROVIDING FOR AN EFFECTIVE DATE
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
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Mardl4,2008 Commissicm Meetiug
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
MARCH 20, 2008
9 A.M.
COMMISSION MEETING
APRIL 8, 2008
6 P.M.
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, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. 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 may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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A'!'he City ci
.nventtlra
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MINUTES
CITY COMMISSION MEETING
FEBRUARY 5, 2008 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb following the 6 p.m. Local Planning Agency Meeting. Present were
Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Rev. Will Keyser.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Ten-year Certificate of Service was presented by Mr.
Soroka to Police Department employee Anna Howell. Mayor Gottlieb presented
Certificates of Appointment to the members of the Community Services Advisory Board.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Holzberg, unanimously passed and the
following action was taken:
A. The following minutes were approved:
January 8, 2008 Commission Meeting
January 17, 2008 Workshop Meeting
B. Resolution No. 2008-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 2008-10 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND RECORD ANY AND ALL NECESSARY EASEMENTS
AND OTHER DOCUMENTS RELATED TO WATER AND SEWER
SERVICE AT WATERWAYS PARK; PROVIDING FOR EFFECTIVE
DATE.
D. Resolution No. 2008-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2008
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.
E. Resolution No. 2008-12 was adopted as follows
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NUMBER 07-12-8-2 FOR NE
29TH PLACE AND YACHT CLUB WAY MILLING AND RESURFACING
CONSTRUCTION BY AND BETWEEN THE CITY AND WEEKLEY
ASPHALT PAVING, INC.: AUTHORIZING THE CITY MANAGER TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 2008-13 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE AVENTURA BUSINESS TAX EQUITY STUDY
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
G. Resolution No. 2008-14 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND AMERICAN TRAFFIC SOLUTIONS FOR TRAFFIC
SAFETY CAMERA PROGRAM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
6. ZONING HEARINGS: (Moved to item 10)
7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
2
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING THE AVENTURA BUSINESS
TAX EQUITY STUDY ADVISORY BOARD, WHICH SHALL SERVE AS
THE EQUITY STUDY COMMISSION FOR THE LOCAL BUSINESS TAX
RECLASSIFICATION AND REVISION, AND ESTABLISHING
PROCEDURES FOR APPOINTMENT OF MEMBERS, A TIMETABLE
AND RULES OF PROCEDURE; PROVIDING A SUNSET PROVISION,
AND PROVIDING FOR AN EFFECTIVE DATE
A motion for approval was offered by Commissioner Weinberg and
seconded by Commissioner Joel. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING: PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-171(a)(6} "OFF-STREET PARKING, LOADING AND
DRIVEWAY STANDARDS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT MECHANICAL PARKING LIFTS TO BE
COUNTED AS REQUIRED PARKING SPACES SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach and
seconded by Vice Mayor Diamond. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2008-02 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(e} "OFFICE PARK (OP) DISTRICT" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY
SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach and
seconded by Vice Mayor Diamond. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
3
motion for approval passed unanimously by roll call vote and Ordinance
No. 2008-03 was enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION
5 "IMPACT FEES", TO CREATE SECTION 2-302 ESTABLISHING A
TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION
IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES;
PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION
MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Stern. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. A motion to defer this
matter until the March 4, 2008 Commission meeting was offered by
Commissioner Holzberg, seconded by Commissioner Stern, and
unanimously passed.
D. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF AVENTURA AND
ROY R. LUSTIG, TRUSTEE FOR EXCHANGE OF REAL PROPERTY;
PROVIDING FOR THE SALE AND EXCHANGE OF CITY REAL
PROPERTY; PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded
by Commissioner Weinberg. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2008-
04 was enacted.
E. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
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ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER
IN ACCORDANCE WITH SECTION 6.02(A) OF THE CITY CHARTER;
SUBMITTING PROPOSED CHARTER AMENDMENTS CONCERNING
SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND SECTION
5.01 "ELECTIONS"; PROVIDING FOR CHANGE OF DATE OF
GENERAL CITY MAYORAL AND COMMISSION ELECTIONS AND FOR
THE RELATED EXTENSION OF THE TERM OF OFFICE AND THE
ALLOWED LENGTH OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A
SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE HELD ON TUESDAY, THE 22ND DAY OF
APRIL, 2008; PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded
by Commissioner Auerbach. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2008-
05 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by City Clerk Teresa M.
Soroka. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE
ESTABLISHMENT OF A FURNITURE DISPLAY SHOWROOM IN THE OFFICE
PARK (OP) DISTRICT FOR PROPERTY LOCATED AT 20900 NE 30 AVENUE,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Joel. Planning Director Joanne Carr addressed the Commission
and entered the staff report into the record. Mayor Gottlieb opened the public
hearing. The following individual addressed the Commission: Cliff Schulman,
Esq., Greenberg Traurig, representing the applicant. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2008-15 was adopted.
11. REPORTS: As presented.
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12. PUBLIC COMMENTS: None.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:30 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
6
A'!he City ci
nventtlra
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,..,.,,(,:;
MINUTES
CITY COMMISSION SPECIAL MEETING
FEBRUARY 21, 2008 9 A.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 9 a.m. Present were Commissioners lev Auerbach, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb,
City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. City Attorney David M.
Wolpin was not present. As a quorum was determined to be present, the meeting
commenced.
2. RESOLUTION - CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Ms. Soroka read the
following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA
FLORIDA, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL, AUTHORIZING THE
PARTICIPATION IN THE MERIT AWARD PROGRAM; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern, and seconded by
Commissioner Holzberg. The motion for approval passed unanimously and Resolution
No. 2008-16 was adopted.
3. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9: 1 0 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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.
A'!he C~ of
nventura
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MINUTES
CITY COMMISSION WORKSHOP
MEETING
FEBRUARY 21, 2008 - following 9 AM Special
Aventura Government Center
19200 W Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb,
City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. City Attorney David M.
Wolpin was not in attendance. As a quorum was determined to be present, the meeting
commenced.
1. ANNUAL APPOINTMENT TO DADE LEAGUE OF CITIES: The Commission
discussed the appointment of its representative to the Miami-Dade County League
of Cities.
CITY MANAGER SUMMARY: Consensus to reappoint Commissioner Auerbach.
2. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9:15 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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,
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: February 26, 2008
FROM: Eric M. Soroka, City
SUBJECT: Disbursement of Police Forfeiture Funds
March 4, 2008 City Commission Meeting Agenda Item ~
Recommendation
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $41,500 for the
purchase of equipment for communications trailer, surveillance
equipment, ammunition storage vault and training equipment from
the Police Forfeiture Fund in accordance with the City Manager's
memorandum.
If you have any questions, please feel free to contact me.
EMS/tms
Attachment
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
FROM:
Eric M. Soroka, City Manager
~m6erg, Chief of Police
TO:
DATE:
SUBJECT:
26 February, 2008
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund. and that the funds be
expended only upon request of the Chief of Police to the goveming body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Equip Communications trailer
SurveiHance equipment
Ammunition storage vault
Ti Tr-Classroom Trainer
$30,000
$3,000
$5.700
$2,800
Total Expenditure Request
$41,500
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were om considered in the adoption and approval of the budget
of the Police Department.
Summary
**Communlcatlon trailer equipment - Request to spend up to $30,000 to
equip the Communications trailer with state of the art equipment. This
equipment win allow for the police deparb'nent to have communications via radio,
satellite phone. Intemet, television and cell phones In the event of a disaster;
natural or man made. The system will also have the capability to be inter-
operable with radio system other than Ma-COM, such as Motorola and others.
**NOTE: Cost of one piece of equipment has not been received yet. which will
bring the cost up approx. $4.000 + - hence the not to exceed figure of $30,000
Surveillance equipment - This basic surveillance equipment will allow for
convert observation. recording or monitoring of aiminal activity or use for other
incidents that occur within the City of Aventura.
Ammunition storage vault - This vault would give us the ability to store a large
quantity of anvnunition for future or immediate use if necessary. Currently it
takes anywhere from 6 to 8 months to get orders of ammunition. This is due to
the shortage of raw materials to make the ammunition or the fad the ammunition
factories are geared up to make the NATO calibers for the military which causes
a backlog of anvnunition used by police officers. Police deparb'nents getting
ammunition in a timely manner Is a national problem faced by aU agencies.
n Tr C....room Trainer - These are electronic numericlletter pads used in
conjunction with standard software such as MS PowerPoint that allow an
instructor to have a class of up to 24 students key in their answers. This then
creates 8 chart showing the instructor and students the percentage of people
that selected 8 particular answer. It gives the instructor feed back as to how well
the students understand the material and instructor.
A 6~ ),.n~ A- :ClFfv\. 5 -C-
FLORIDA LEAGUE
OF MAYORS, INC.
To:
Florida Mayors
From:
John Charles Thomas, Executive Director
Date:
February 28, 2008
Re: Resolution supporting reauthorization of Florida's
Communities Trust
At a recent Florida League of Mayors board of directors meeting, the
board heard from the Trust for Public Lands about the
reauthorization of the current Florida Forever program or a successor
program that would support Florida Communities Trust.
As you know, many cities use Florida Communities Trust dollars for a
variety of city land acquisition initiatives. Funding for the Florida
Forever program is set to sunset in 2010.
Attached is a resolution in support of continued funding for the
Florida Forever program or a successor program that you may
consider adopting and sending to your local legislative delegation.
If you have any questions, please feel free to contact me.
FLORIDA lEAGUE OF MAyORS, INC. · P.O. Box 1757, Tallahassee, FL 32302-1757 . 850.222.9684 . Fax 850.222.3806 . www.flcities.com
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA FLORIDA SUPPORTING THE
CURRENT FLORIDA FOREVER PROGRAM, AND ITS
SUCCESSOR PROGRAM, THAT SUPPORTS FLORIDA
COMMUNITIES TRUST; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Forever program and its predecessor Preservation 2000
program have immeasurably contributed to environmental health, quality of life,
recreation and sustainability in Florida for this and future generations; and
WHEREAS, Florida Forever has acquired over one million acres throughout
Florida since 2000 and allocates $300 million annually to purchase environmentally
sensitive and other lands, and has done so through numerous successful partnerships
with cities, counties, state agencies, water management districts, nonprofit
organizations, private landowners, and others in achieving its conservation purposes;
and
WHEREAS, Florida Forever, through its partnerships with the Florida
Department of Environmental Protection, Water Management Districts, and others,
produces benefits that include clean air and water; healthy fisheries and wildlife habitat;
improved water supply protection; and protected open spaces including greenway
corridors, park lands, forests, and water bodies; and
WHEREAS, Florida Forever, through the Florida Communities Trust, has
assisted Florida's cities and counties in protecting their cultural and historical resources,
meeting the challenges of growth management, directing development away from
coastal high hazard areas and floodplains; fostering a healthier lifestyle for Floridians;
and providing recreational outdoor experiences in both urban and rural settings; and
WHEREAS, Florida Forever has helped to save many of Florida's beaches,
rivers, bays, forests, coral reefs and estuaries that provide the foundation for our $3
billion tourism industry that attracts more than 70 million visitors each year; and
WHEREAS, 50 Florida local governments have enacted land acquisition
financing programs in the past decades, and these conservation finance programs
serve to leverage Florida Forever funding and increase the impact of state land
conservation funding; and
WHEREAS, Florida is experiencing rapid population growth, with approximately
1,100 new residents every day; and Floridians demand a high quality of life that
includes green space, access to water, pastoral settings and recreational opportunities;
and
Resolution No. 2008-_
Page 2
WHEREAS, Florida Forever and other land conservation programs must
compete in Florida's market of surging land and housing prices; and
WHEREAS, the effectiveness of Florida Forever has diminished because of
escalating land prices and the impacts of inflation; and
WHEREAS, the funding for the Florida Forever program will sunset in 2010; and
WHEREAS, research by the Florida Forever Coalition has found that over $20
billion is currently needed to purchase parks and recreational facilities, wildlife and
wilderness areas, and open space for our state's increasing population; and
WHEREAS, a 2005 public opinion survey conducted by members of the Florida
Forever Coalition found that 78% of Florida's voters approve of the Florida Forever
program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission of the City of Aventura declares its support to
the State of Florida Legislature for the creation and funding of a successor program to
the Florida Forever program and requests its legislative delegation to advocate for the
creation and funding of a successor program to Florida Forever.
Section 2. This Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. This motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 3
PASSED AND ADOPTED this 4th day of March, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICMA-CM, Cit
DATE:
February 19, 2008
SUBJECT: Ordinance Amending 2007/08 Charter School Fund Budget
1st Reading March 4, 2008 City Commission Meeting Agenda Item ~
2nd Reading April 8, 2008 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance
amending the 2007/08 Charter School Fund Budget. The total amount of the
amendment is $299,000.
BACKGROUND
The attached document has been prepared as a clean-up amendment prior to the end
of the fiscal year on June 30, 2008. The majority of the new revenue amounts are
offset by corresponding expenditures for school operations.
REVENUES
1. Recognizes $150,000 from the State of Florida Education Program based on
higher than anticipated revenue amounts.
2. Recognizes $34,000 in additional revenue for bus transportation. Based on
higher than anticipated usage.
3. Recognizes $25,000 in additional revenue for after school program based on
higher than anticipated attendance.
4. Recognizes $90,000 more in revenues derived from fees associated with
school field trips. This is offset by direct expenditures associated with field
trips.
Memo to City Commission
Page 2
EXPENDITURES
1. Provides funds in the amount of $43,000 for an additional teacher in the
second grade to address increased enrollments in the gifted class.
2. Increase "Other Materials and Supplies" by $19,000 to address increased
costs associated with the addition of the eighth grade.
3. Increase substitute teachers costs by $11,000 to address increased time
required to provide coverage for all school grades.
4. Increases transit costs by $9,000 to accommodate increased ridership.
5. Increases the field trips line item by $125,000 in the amount of revenues
actually received during the year and costs associated with school special
events.
6. Increases the building maintenance contract line item by $75,000 to correct
an under budgeted account as a result of the expansion of the eighth grade.
7. Increases the building maintenance line item by $17,000 to address school
building repair and maintenance projects due to the age of the facilities.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01615-08
ORDINANCE NO. 2008-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2007-09, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30)
BY REVISING THE 2007/2008 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura City of Excellence School and upon the recommendations of the City
Manager (and the concurrence of the Finance Support Services Director as to
Accounting Principles), it is deemed necessary to adjust, amend and implement the
2007/2008 Operating and Capital Budget of the Aventura City of Excellence School as
set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2007-09, which Ordinance adopted a budget for the 2007/2008 fiscal
year for the Aventura City of Excellence School by revising the 2007/2008 budget as
Ordinance No. 2008-
Page 2
set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference
as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. 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. This motion was seconded by Commissioner _, and upon
being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
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 lev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
2
Ordinance No. 2008-_
Page 3
PASSED AND ADOPTED on first reading this 4th day of March, 2008.
PASSED AND ADOPTED on second reading this 8th day of April, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
/~11'r) ~
CITY ATTORNEY
3
EXHIBIT A
Budget Amendments
CHARTER SCHOOL FUND 190
Revenues
State Shared Revenues
3359800 Transportation 136,932 34,000 $ 170,932
3359100 Florida Education Finance Program 5,202,820 150,000 5,352,820
SUBTOTAL $ 5,339,752 $ 184,000 $ 5,523,752
Charges for Services
3479050 After School Programs $ 125,545 $ 25,000 $ 150,545
SUBTOTAL $ 125,545 $ 25,000 $ 150,545
Misc Income
3661955 Field Trips 125,000 90,000 215,000
SUBTOTAL $ 125,000 $ 90,000 $ 215,000
Total Amendments-Revenues ::$H::/:::::mltit~f
Expenditures
K-3
1220 Teacher 873,524 43,000 9j6,524
SUBTOTAL $ 873,524 $ 43,000 $ 916,524
4t08
5290 Other materials & supplies $ 85,000 $ 19,000 $ 104,000
SUBTOTAL $ 85,000 $ 19,000 $ 104,000
Substitute Teachers
1225 Teacher - PIT $ 44,000 $ 11,000 $ 55,000
SUBTOTAL $ 44,000 $ 11,000 $ 55,000
School Administration
4855 Events & Prog/Field Trips $ 100,000 $ 125,000 $ 225,000
SUBTOTAL $ 100,000 $ 125,000 $ 225,000
Pupil Transit Services-7800
3190 Prof & Tech Services $ 175,000 $ 9,000 $ 184,000
SUBTOTAL $ 175,000 $ 9,000 $ 184,000
Operation of Plant
4635 Repairs & Maintenance $ 50,000 $ 17,000 $ 67,000
4620 Building Maintenance 120,000 75,000 195,000
SUBTOTAL $ 170,000 $ 92,000 $ 262,000
TOTAL :.$::~:':'~;m~5.~~::::::::.:~'~:::~::::::::::::::.~~;p~:[::::::~:~.::.~:$.::::::::~~t~;~2.~:':
Total Amendments-Expenditures :~:::.::::~[::::~~~ti~:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City
DATE: February 26, 2008
SUBJECT: Ordinance Establishing Transportation Mitigation Impact Fee
March 4, 2008 City Commission Meeting Agenda Item U
In order to provide adequate time to address concerns expressed by representatives of
the development community, it is recommended that the item be discussed further at
the March 20, 2008 Workshop Meeting and deferred for consideration of enactment at
the April 8, 2008 Commission Meeting.
If you have any questions, please feel free to contact me.
EMS/tms
CITY OF AVENTURA
,.....-."
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: January 17, 2008
SUBJECT: Ordinance Establishing Business Tax Equity Study Advisory Board
1st Reading February 5, 2008 City Commission Meeting Agenda Item 1
2nd Reading March 4, 2008 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance establishing
.- a Business Tax Equity Study Advisory Board. The background material relating to this
matter is attached hereto.
EMS/act
Attachment
CC01611-08
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
ces Director
TO:
Eric M. Soroka, ICMA-CM, Cit
..
FROM: ~ Brian K. Raducci, Finance Support
DATE: January 8,2008
SUBJECT:
Local Business Tax Receipt - Equity Study Commission
Based on your request, I have researched the above-named Program and offer
the following recommendation.
Recommendation
Before adopting a reclassification and revision ordinance that governs the City's
Local Business Tax Receipt process, the City must establish an Equity Study
Commission (ESC) and appoint its members. Each member of the ESC must be
a representative of the City's business community. The ESC should be made up
of the Finance Support Services Director and 7 members appointed by each of
the City Commissioners. An ordinance establishing the ESC and a resolution
approving its members will need to be adopted by the City Commission.
Background
In 2007, the Florida Legislature passed a law permitting local governments to
reclassify and restructure the rates of Local Business Tax Receipts. In response
to this new legislation, the Finance Support Services Department will compile a
report outlining proposed changes/additions of the City's Local Business Tax
Receipts Classification Schedule and Local Business Tax Receipts.
In order to prepare this report, the Finance Support Services Department will first
contact other local governments for samples of various ordinances and rate
structures. This information will be compiled into a classification of Local
Business Tax Receipts that is determined to be the most comprehensive and
reflective of the classifications most frequently used by other governments. This
will then be presented to the ESC.
The following is State Statute 205.0535 which outlines the ESC Process.
1
Title
TAXATION AND FINANCE
XIV Chapter 205 View Entire Chapter
LOCAL BUSINESS TAXES
205.0535 Reclassification and rate structure revisions.--
(1) By October 1, 2008, any municipality that has adopted by ordinance a local
business tax after October 1, 1995, may by ordinance reclassify businesses, professions,
and occupations and may establish new rate structures, if the conditions specified in
subsections (2) and (3) are met. A person who is engaged in the business of providing
local exchange telephone service or a pay telephone service in a municipality or in the
unincorporated area of a county and who pays the business tax under the category
designated for telephone companies or a pay telephone service provider certified
pursuant to s. 364.3375 is deemed to have but one place of business or business location
in each municipality or unincorporated area of a county. Pay telephone service providers
may not be assessed a business tax on a per-instrument basis.
(3)(a) After the reclassification and rate structure revisions have been transmitted to
and considered by the appropriate local governing body,.!-t may adopt by majority vote a
new business tax ordinance. Except that a minimum tax of up to $25 is permitted, the
reclassltlcation may not Increase the tax by more than the following: for receipts costing
$150 or less, 200 percent; for receipts costing more than $150 but not more than $500,
100 percent; for receipts costing more than $500 but not more than $2,500, 75 percent;
for receipts costing more than $2,500 but not more than $10,000, 50 percent; and for
receipts costing more than $10,000, 10 percent; however, in no case may the tax on
any receipt be increased more than $5,000.
(b) The total annual revenue generated by the new rate structure for the fiscal year
following the fiscal year during which the rate structure is adopted may not exceed:
1. For municipalities, the sum of the revenue base and 10 percent of that revenue base.
The revenue base is the sum ot me business tax revenue !:Jd ,<::, el<::J Dy I eceipts issued
for the most recently completed local fiscal year or the amount of revenue that would
have been generated from the authorized increases under s. 205.043(1)(b), whichever is
greater, plus any revenue received from the county under s. 205.033(4).
2. For counties, the sum of the revenue base, 10 percent of that revenue base, and the
amount of revenue distributed by the county to the municipalities under s. 205.033(4)
during the most recently completed local fiscal year. The revenue base is the business
tax revenue generated by receipts issued for the most recently completed local fiscal
year or the amount of revenue that would have been generated from the authorized
increases under s. 205.033(1)(b), whichever is greater, but may not include any revenues
distributed to municipalities under s. 205.033(4).
(c) In addition to the revenue increases authorized by paragraph (b), revenue increases
2
attributed to the increases in the number of receipts issued are authorized.
(4) After the conditions specified in subsections (2) and (3) are met, municipalities and
counties may, every other year thereafter, increase or decrease by ordinance the rates
of business taxes by up to 5 percent. An increase, however, may not be enacted by less
than a majority plus one vote of the governing body. Nothing in this chapter shall be
construed to prohibit a municipality or county from decreasing or repealing any business
tax authorized under this chapter.
(5) A receipt may not be issued unless the federal employer identification number or
social security number is obtained from the person to be taxed.
History.--s. 8, ch. 93-180; 5 60, ch. 98-419; s. 12, ch. 2006-152; s. 2, ch. 2007-97
Exh i bits
The following Exhibits have been attached as support to the ESe Process:
1. Mission Statement
2. Schedule of Activities
3
MISSION STATEMENT
Local Business Tax Receipts - Equity Study
City of Aventura
Name
The name of the Commission shall be the Local Business Tax Receipts - Equity
Study Commission herein referred to as the "ESC."
Authorization
The ESC exists by the City of Aventura City Commission, pursuant to the
provisions of Section 205.0535, of the Florida Statutes.
Purpose
The purpose of the ESC is to examine and review the Local Business Tax
Receipts Ordinance (Chapter 18 of the City of Aventura Code of Ordinances)
regarding classifications and rate structure and to recommend revisions to such
classifications and rate structure for the Local Business Tax Receipts. The ESC
shall be guided by the following objectives in formulating its recommendations:
1. The ESC shall review the businesses, professions and occupations
within each classification and recommend any reclassification or new
classifications.
2. The ESC shall recommend a classification for any business activity not
currently paying a Local Business Tax Receipts.
3. The ESC shall review the rates of each classification and recommend
any fee changes necessary to establish equity between the rates for
such classifications.
4. After considering objectives 1 - 3 above, the ESC shall propose a rate
structure that will generate an aggregate revenue increase of no more
than ten (10%) in revenue for Local Business Tax Receipts for the fiscal
year beginning October 1, 2008. The additional revenue shall be
generated from rate structure changes applied to the existing Local
Business Tax Receipts or increases in variable factors such as assets,
value of inventory, number of employees, etc.
The final report and recommendation of the Staff and Committee shall be made
to the City Commission no later than June 2008.
4
January 2008
Mar/April 2008
May 2008
June 2008
July 2008
August 2008
~
October 2008
SCHEDULE OF ACTIVITIES
Local Business Tax Receipts
The Finance Support Services Department researches
available information and prepares a report
This report will be forwarded to the ESC
ESC reviews Local Business Tax Receipt Equity Report,
provides input and make recommendation to the City
Commission.
City Commission Meeting - first reading of proposed Local
Business Tax Receipt ordinance containing rate
re stru ctu rei recla ssificatio n
City Commission Meeting - Public hearing and second
reading of proposed Local Business Tax Receipt ordinance,
Commission takes action
2009 Local Business Tax Receipt invoice mailed
Deadline for payment of Occupation License fee paid for
2009
5
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, ESTABLISHING THE
A VENTURA BUSINESS TAX EQUITY STUDY ADVISORY
BOARD, WHICH SHALL SERVE AS THE EQUITY STUDY
COMMISSION FOR THE LOCAL BUSINESS TAX
RECLASSIFICATION AND REVISION, AND
ESTABLISHING PROCEDURES FOR APPOINTMENT OF
MEMBERS, A TIMET ABLE AND RULES OF
PROCEDURE; PROVIDING A SUNSET PROVISION, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Senate Bill] 178 amends Section 205.053 and Section 205.0535, Florida
Statutes to provide that by October 1, 2008, any municipality that has adopted a local business
tax after October 1, 1995 may by ordinance reclassify businesses, professions, and occupations
and may establish new rate structures; and
WHEREAS, state law provides that prior to the adoption of a reclassification and revision
ordinance, the municipality must establish an equity study commission and appoint its members;
and
WHEREAS, the City Commission desires to establish the Aventura Business Tax Equity
Study Advisory Board (the "Equity Study Board"), which shall serve as the Equity Study
Commission, and to establish procedures for appointment of members; and
WHEREAS, Section 205.0535, Florida Statutes, provides that each member ofthe Equity
Study Board must be a representative of the business community within the City; and
WHEREAS, the City Commission believes it is in the best interest of the City to establish
the Equity Study Board, provide procedures for appointment of members, and provide a
timetable and rules of procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the foregoing recitals contained in the
preamble to this Ordinance are hereby adopted and are incorporated by reference herein.
Section 2. Board Established. That the Equity Study Board is hereby established
to serve as the Equity Study Commission pursuant to Section 205.0535, Florida Statutes. The
Board shall consist of seven (7) members.
Section 3. Authority. That the powers and duties of the Equity Study Board (the
"Board") shall be solely of an advisory nature to the City Commission and City Manager.
Accordingly, although Board members shall comply with the applicable requirements of the
Code of Ethics for Public Officers and Employees as provided in Part III of Chapter 112, F .S.,
,,~
Board members shall be exempt from the provisions of the Miami-Dade County Ethics Code,
which is provided by Sec. 2-11.1 of the County Code, pursuant to the advisory board exemption
which is authorized by Sec. 2-11.39-2 of the County Code.
Section 4. Qualifications. That each member of the Board shall be a
representative of the business community within the City, and shall o\vn or be employed by a
business entity that possesses a valid Business Tax Receipt issued by the City at the time of the
appointment and throughout the term of service on the Board.
Section 5. Appointments. That the Mayor shall appoint the members of the
Board, subject to approval by a majority of the City Commission.
Section 6. Chair of Board. That the Board shall elect the Chairperson for the
Board and the Vice-Chairperson.
Section 7. Timetable. That the timetable for the Board process, attached as
Exhibit "A", is hereby adopted, and shall serve as a general guideline.
Section 8. Rules of Procedure. That the Rules of Procedure for the Board, attached
as Exhibit "B", are hereby adopted.
Section 9. Implementation. That the appropriate City officials are authorized to
execute all necessary documents to effectuate the intent of this Ordinance.
Section 10. Sunset Provision. That once the City Manager certifies that the duties
of the Board have been finally and fully completed and that the new Ordinance adopting the
reclassification and rate structure has been adopted by the City Commission and is in full force
and effect, the work of the Board and the term of office of Board members shall conclude and
terminate.
Section 11. Effective Date. That this Ordinance shall take effect immediately
upon adoption on second reading and shall be applied retroactively to the date of appointment of
the members of the Board.
, who moved its
and upon being
The foregoing Ordinance was offered by Commissioner
adoption on first reading. This motion was seconded by Commissioner
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
, who moved its
and upon
The foregoing Ordinance was offered by Commissioner
adoption on second reading. This motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
PASSED on first reading on this 5th day of February, 2008.
PASSED AND ADOPTED on second reading this 4th day of March. 2008.
SUSAN GOTTLIEB, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
/\PPROVED AS TO LEGAL SUFFiCiENCY:
;' '~1A' /01l
CITY A TTORNE'(
i
V A ---1....---1
~ {; "
ORDINANCE NO. 2008-
EXHIBIT "A"
PROPOSED (NON- BINDING) TIMET ABLE FOR EQUITY STUDY COMMISSION
(1) Establish Board via Ordinance.
February 5, 2008
(2) Appoint members of the Board.
February 5, 2008
(3) Board holds necessary meetings and performs its statutory tasks.
February 7 -
April 25, 2008
(4) City Commission reviews recommendations of the Board
May, 2008
(5) City Commission adopts Business Tax Ordinance
including new rate structure and classifications
June, 2008
,~~,
(6) Business Tax Ordinance in effect in time for
Sale of Local Business Tax Receipts
July 1, 2008
ORDINANCE NO. 2008-
EXHIBIT "B"
RULES OF PROCEDURE FOR A VENTURA BUSINESS TAX EQUITY STUDY
ADVISORY BOARD
TABLE OF CONTENTS
PAGE
Section 1
GENERALLY
2
Section 2 MEETINGS
Section 2.1 Generally 2
Section 2.2 Meeting Time and Location 2
Section 2.3 Board Member Attendance 2
Section 3 OFFICERS
Section 3.1 Selection 2
Section 3.2 Duties and Responsibilities 3-4
Section 4 CONDUCT OF BUSINESS
Section 4.1 Motions 4
Section 4.2 Voting 4
Section 4.3 Minutes 5
Section 4.4 City Attorney 5
Section 4.5 City Manager 5
Section 4.6 Public Comment 5
Section 5
ETHICAL CONDUCT
5
Section 6
AMENDMENTS
5
Section 1.
Generally.
These Rules of Procedure, as amended from time to time, shall govern the A ventura
Business Tax Equity Study Advisory Board (the "Board") in the conduct of its business.
Section 2.
Meetings.
Section 2.1. Generally. The business of the Board shall be conducted at regular
meetings only. All meetings shall be scheduled to provide sufficient
notice to the public, and shall be open to the public. At a meeting, four (4)
members in attendance shall constitute a quorum. Failure to obtain a
quorum shall result in cancellation of the meeting. Prior to each meeting,
the City Manager will determine the agenda of the order of business,
showing in the exact order what is to come before the Board.
Section 2.2. Meeting Time and Location. The City Manager shall designate the
meeting time. All meetings will be held at the A ventura Government
Center. The City Manager may cancel a meeting if there is no business to
conduct.
Section 2.3. Board Member Attendance. All Board members shall attend all meetings
and remain until the meetings are adjourned or the member is excused by
the Chairperson. A request to be excused and notice of a member's
intention to be absent shall be communicated to the City Manager or
designee.
Section 3.
Officers.
Section 3.1. Selection. The Chairperson and the Vice Chairperson shall be selected by
a majority vote of the Board. In the event neither the Chairperson nor the
Vice Chairperson attends a meeting, the Board shall select from its
members a Chairperson Pro-Tempore for that meeting.
Section 3.2. Duties and Responsibilities. It shall be the duty and responsibility of all
officers to be thoroughly familiar with the applicable City of A ventura
Code of Ordinances and Chapter 205, Florida Statutes, as they apply to the
Board and these Rules of Procedure.
1. Chairperson. The Chairperson is the presiding officer, when present
. and eligible, at all meetings of the Board. As presiding officer, the
Chairperson's duties are generally as follows:
(A) To open all meetings at the time at which the Board is to meet,
by taking the chair, calling the members to order and calling the
roll.
(B) To announce the business before the Board in the order in which
it is to be acted upon.
(C) To recognize members entitled to the floor; to state and put to
vote all questions which are regularly moved or necessarily arise
in the course of business, and to announce the result of the vote.
When a motion has been seconded it is the duty of the
Chairperson, unless he or she rules it out of order, immediately to
state the question that is before the Board for its consideration
and action. If the question is debatable or amendable, the
Chairperson shall immediately ask, "Is there any discussion?" If
no one then responds, he or she shall put the question. If the
question cannot be debated or amended, he or she shall
immediately put the question after stating it. The responsibility
of announcing the vote lies with the Chairperson, and he or she,
therefore, shall have the right to have the vote taken again if he or
she is in doubt as to the result. In announcing the vote the
Chairperson shall state first whether the motion is carried or lost;
second, what is the effect or result of the vote; third, what is the
immediately pending question or business before the Board. If
there is none he or she shall ask, "What is the pleasure of the
Board ?"
(D) To protect the Board from annoyance from evidently frivolous or
dilatory motions by refusing to recognize them. Whenever the
Chairperson is satisfied that members are using procedures
merely to obstruct business, he or she shall either not recognize
them or rule them out of order. While the Chairperson shall
always be courteous and fair, he or she shall be firm in protecting
the Board from imposition, even though it is done in strict
conformity with procedural rules.
,,~-
(E) To assist in expediting the business in every way compatible with
the rights of the members, as by allowing brief comments when
undebatable motions are pending, if he or she thinks it advisable;
to restrain the members when engaged in debate, within the rules
of order; to enforce on all occasions the observance of order and
decorum among the members, deciding all questions of order. To
authenticate, by his or her signature, when necessary, all the
proceedings of the Board, declaring its will and in all things
obeying its commands.
2. Vice Chairperson. The Vice Chairperson shall become the Chairperson
Pro-tempore upon the absence of the Chairperson at any meeting of the
Board.
Section 4.
Conduct of Business.
The business of the Board shall be conducted as follows:
Section 4.1. Motions. Actions by or decisions of the Board shall be determined by
motions duly moved and seconded and carried by a majority of the
members present.
Section 4.2. Voting. It is a rule that all members shall vote on all questions. No one
can vote or participate in debate or discussion on an item at public hearing
or a question or a proposal in which he or she has a conflict of interest, as
provided by the Code of Ordinances and state law.
The method of taking a vote shall be by roll call (yeas and nays). A
quorum must be present in order to vote. On a tie vote the motion is lost.
When a vote is to be taken the Chairperson puts the question in a form
similar to this "As many as are in favor of the question will, as their names
are called, answer yes (or yea); those opposed will answer no (or nay)."
The Chairperson shall then direct the clerk or her designee to call the roll.
The clerk or her designee calls the roll, and each member as his or her
name is called answers yes or no.
A motion to approve, when defeated by a vote, shall be considered as a
motion to deny which was approved by vote.
A motion to deny, when defeated by a vote, shall not be considered as a
motion to approve. In this instance there must be placed before the Board
a motion to approve.
Section 4.3. Minutes. Minutes of the Board shall contain a conCIse and accurate
summary of actions taken at meetings, but shall not include verbatim
comments from Board members or of persons making presentations to the
Board.
Section 4.4. City Attorney. The City Attorney shall rule on all legal questions and the
Board shall rely only on the advice of the City Attorney for such questions.
Section 4.5. City Manager. The City Manager or his designee shall be an ex-officio
member of the Board, with the right to participate in the discussions;
however, he or she shall not have the right to vote on Board business nor
be counted toward a quorum.
Section 4.6. Public Comment. The Board may hear Public Comment, as it deems
appropriate, and may limit the comments to three (3) minutes.
Section 5.
Ethical Conduct.
,,,~
The Board is an instrument of the City providing an important function with imposed
obligations, responsibilities and duties. In accepting an appointment to serve as a
member of the Board, one also accepts and adopts the requirements of state law and the
requirements of City of A ventura Code of Ordinances as his or her standard of conduct.
In addition, Board appointees shall not subvert the integrity of the Board as a whole or of
any member of the Board, or any City official.
Section 6.
Amendments.
These Rules of Procedure may be amended by the City Commission by resolution.
An amendment, having been adopted, goes into effect immediately upon its adoption, unless the
motion to adopt specifies a time for its going into effect.
'//
~
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
Vice President, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal I\dverti~Gment of Notice in the m<1ttor of
CITY OF AVENTURA
PROPOSED ORDINANCE - MARCH 4, 2008
in the XXXX Court,
was published in said newspaper in the issues of
02/07/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing is adve' m t for publication in the said
news pap .
Sworn to and subscribed before me this
(SEAL)
O.V. FERBEYRE personally known to me
MARlA I. MESA
MY COMMISSION # DD 750170
EXPIRES: March 4, 2012
SQnded Thru Notary Public Underwriters
CiTy elF &y,~...~ _-_:__~__ ....
~...ftO...
....OH......IWICB
NOTICE IS. HE_... ~EN .~OI't'Nesday, ttle.4th day of March,
2008, at a meetinQofth!tgly ~.oftheClty ofAventura to be
held at 6:00 .p.m./ iti lh8,~~rof- the ~ventura
Government Center. :t9200~~Qk!b~. Aventura. FJ()fida.
the City ,'. GommlssiOn. ...... WiII.';~,'.' r tf1e... ~ ...pt. the foHOwing'l
OrdinanceOl\$8OOIldredlg, entitled:.... .' · .
I
AN ORDINANCE or: THE C.fI'Y OF THE crrv OF I
AVENTURA,FLORlQA. . 'FfIe .A'iEfflURA:
BUSlNES$ JA,XEQUI11' $WIil" .'. .... stfALL
SERVE AS THE .EQUl'fY8TUDY' FOftTtil L9CALI
BUSINESS .TAXRECI.AS$lFlCA'TfOlt ..~.. REVIIION.' AND:
ESTABLISHING. PROCEDURt;S. ..FOft ~"""'. OF
:..e:_,:_~.~~;~~
EFFECTlVEOATE ...... .......... ........c.. .. .'
The proposed Oldinance may be inspected by. the pUblic atthe Office of
the City Clerk. :1:9200 .West Country Club Drive, AV8fttul1l, Florida.
Interested parties me.yappear at the Public Hearing and be heard with
respect to the proposed Qrdinance.Any person wishing to address the-
City CommiSSiOn on any Hm.at thisPl,lblicHearing l'I'I8y do so. after the
M\lyoF opens-the public he$rlng. . <
In ~~ wi1Ilthe Americans with .DiSablIIII88 Act of 1990, all
persons who are disabled and who need speciat accornmodatlons to
participate -lnthls proceeding beCauseofthet~ shOuld contact
th& Office oftheClty.CIeJt. :J05..46&,8901.1lOt:fater.thantwo bUsiness
days prior to such proOeedIngs. .
If a person'decldes to appeal.any i:Jecision mad&by the C.tty ColJlfTlisSion
with. respect to. any. matter considered at'a.mteeting. or hearing, .that
person will need a recordotthe proceedings and, for such purpose, may
need to ensUre theta verbatir(t18eOni of the proCleedit1gs isf'll8d8. ~
nICOrd inclUdes the testIfrtOny-and evidence llPOI\whlCh1tie appeal is to
be baSed.
.217
Teresa M. Soroka. MMC City Clerk
_~08-4-19/962461 M