11-06-2008
City Commission
Susan Gottlieb, Mayor
A~e City of
~ventura
City Mana1Jer
IEric M. Soroka, lCMA-CM
Zev Auerbaclh
Bob Diamond
T eri Holzberg
Billy Joel
Michael Stern
Luz Urbaez Weinberg
City Oerk
Teresa M. Soroka, MMC
City Att0171ey
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
NOVEMBER 6, 2008 6 PM
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: None.
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:
October 7, 2008 Commission Meeting
October 21,2008 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF MIAMI FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$75,000 TO HIRE AN INFORMATION TECHNOLOGY
PROJECT COORDINATOR TO COORDINATE IT PROJECTS
FOR THE POLICE DEPARTMENT, $7,500 FOR THE DFY-IT
PROGRAM AND $2,500 FOR THE A CHILD IS MISSING
PROGRAM FROM THE POLICE FORFEITURE FUND IN
Novembrr 6, 2008 Ccmnissim Meeting
ACCORDANCE WITH
MEMORANDUM.
THE
CITY
MANAGER'S
D. MOTION TO RATIFY THE CITY MANAGER'S RE-
APPOINTMENT OF BARBARA BUXTON, ESQ. AS SPECIAL
MASTER FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA SUPPORTING AN INCREASE IN
FLORIDA'S CIGARETTE TAX AND URGING THE
ADDITIONAL FUNDS GENERA TED BE EARMARKED FOR
SMOKING-RELATED HEALTH AND PREVENTIVE
EDUCATION ISSUES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,
please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staff have made their presentations on each item. All testimony, including public testimony
and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to
cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The
general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
None.
7. ORDINANCES: FIRST READING - PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY OF A VENTURA COMPREHENSIVE
PLAN BY AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE
CAPITAL IMPROVEMENTS ELEMENT TO ADOPT BY
REFERENCE THE CITY OF A VENTURA 2008/09-2012/13
CAPIT AL IMPROVEMENT PROGRAM; PROVIDING FOR
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Novembrr 6, 2008 01mmiuim Meeting
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-239 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS ENTITLED "COMPLIANCE
WITH COMPREHENSIVE PLAN" TO ADD LEVEL OF
SERVICE STANDARDS FOR EDUCATION AS SECTION 31-239
(1)(8); PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
CREATING DIVISION 5 "ARTS AND CULTURAL CENTER
ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS"
OF CHAPTER 2 " ADMINISTRATION" OF THE CITY CODE
BY CREATING SECTION 2-191 "CREATION, COMPOSITION
AND QUALIFICATIONS," SECTION 2-192"APPOINTMENT OF
BOARD MEMBERS PROCESS", SECTION 2-193 "ADVISORY
CAPACITY", SECTION 2-194 "RULES OF PROCEDURE;
QUORUM", SECTION 2-195 "MISSION; JURISDICTION AND
DUTIES"; AND SECTION 2-196 "STANDARDS OF CONDUCT
FOR MEMBERS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION" ARTICLE III "ADVISORY BOARDS",
DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD"
AT PARAGRAPH (C) OF SECTION 2-121 TO PROVIDE THAT
MEMBERS HAVING TWO OR MORE UNEXCUSED
ABSENCES IN A CALENDAR YEAR MAY BE SUBJECT TO
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Novembrr 6, 2008 Ccmnissim Meeting
REMOVAL; AND AMENDING SECTION 2-125
"JURISDICTION" TO REVISE THE JURISDICTION OF THE
BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP NOVEMBER 12, 2008 9 A.M.
EX. CONF. ROOM
COMMISSION MEETING
JANUARY 13,2009
6 P.M. COMMISSION CHAMBER
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 ofthe 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 ofthe 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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MINUTES
CITY COMMISSION MEETING
OCTOBER 7, 2008 6 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:02 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, 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. ELECTION OF VICE MAYOR: After motion made by Commissioner Holzberg,
seconded by Commissioner Diamond, and unanimously passed, Commissioner Billy
Joel was elected Vice Mayor for the next 6-month period.
5. SPECIAL PRESENTATIONS: Key to the City presented to Michael Putney.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Stern, seconded by Vice Mayor Joel, passed unanimously and the
following action was taken:
A. The following minutes were approved:
September 8' 2008 15t Public Budget Hearing
September 9, 2008 Commission Meeting
September 18, 2008 Workshop Meeting
September 24, 2008 2nd Public Budget Meeting
B. Resolution No. 2008-40 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. The following motion was approved:
MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO
MICHAEL PUTNEY
D. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000
FOR THE PURCHASE OF 11 AED'S AND RELATED EQUIPMENT
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
E. Resolution No. 2008-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY
THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF
THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN
EFFECTIVE DATE.
7. 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 the City Clerk. Mr.
Wolpin read the quasi-judicial proceedings and the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO
SECTION 31-143(f)(4) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT THE INSTALLATION OF AN ABOVEGROUND
FUEL STORAGE TANK IN THE RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT; GRANTING VARIANCE FROM SECTION 31-
143(f)(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT A 2,000 GALLON CAPACITY ABOVEGROUND FUEL STORAGE
TANK, WHERE A MAXIMUM 550 GALLON CAPACITY ABOVEGROUND
FUEL STORAGE TANK IS PERMITTED BY CODE FOR PROPERTY
LOCATED AT 3801 NE 207 STREET, CITY OF AVENTURA, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Weinberg. 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: Claudia
Gillen, representing the applicant. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously by roll call
vote and Resolution No. 2008-42 was adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING
DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-
191 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION
2-192"APPOINTMENT OF BOARD MEMBERS PROCESS", SECTION
2-193 "ADVISORY CAPACITY", SECTION 2-194 "RULES OF
PROCEDURE; QUORUM", SECTION 2-195 "MISSION; JURISDICTION
AND DUTIES"; AND SECTION 2-196 "STANDARDS OF CONDUCT
FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor 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.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION"
ARTICLE III "ADVISORY BOARDS", DIVISION 2 "COMMUNITY
SERVICES ADVISORY BOARD" AT PARAGRAPH (C) OF SECTION 2-
121 TO PROVIDE THAT MEMBERS HAVING TWO OR MORE
UNEXCUSED ABSENCES IN A CALENDAR YEAR MAY BE SUBJECT
TO REMOVAL; AND AMENDING SECTION 2-125 "JURISDICTION" TO
REVISE THE JURISDICTION OF THE BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner 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.
9. ORDINANCES: SECOND READING/PUBLIC HEARING: None.
10. RESOLUTIONS - PUBLIC HEARING: None.
11. REPORTS: As presented.
12. PUBLIC COMMENTS: None.
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13. OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED SPECIAL
ELECTION ON UNIFORM COUNTYWIDE SYSTEM OF FIRE PROTECTION
Mayor Gottlieb discussed the following question to appear on the November 4,
2008 ballot:
Shall the Charter be amended to reqUire that the Board of County
Commissioners provide a uniform, countywide system of fire protection and
rescue services for all incorporated and unincorporated areas of the County with
the exception of the cities of Miami, Miami Beach, Hialeah, Coral Gables, and
Key Biscayne which may provide for fire and rescue protection services in those
cities?
She requested and received the Commission's approval and support to urge the
electorate to vote no on this issue and to approve the expenditure of up to $1,000
for participation in an advertising campaign by the Miami Dade League of Cities
related thereto.
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 7 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.
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MINUTES
CITY COMMISSION WORKSHOP
MEETING
October 21, 2008 9 a.m.
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
9:00 a.m. Present were Commissioners lev Auerbach, Bob Diamond, Teri Holzberg, Michael
Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, 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.
1. UPDATE ON EAST COAST CORRIDOR STUDY (Citv Manaaer): Community Development
Director Joanne Carr introduced FEC consultant Susan Gibbons and FDOT representative
Scott Seeburger, who provided an update on this study. Tom Spear, Miami-Dade County
Planning Department, also addressed the issue.
CITY MANAGER SUMMARY: Consensus to have FEC consultants work with staff to plan
a public hearing in the future to obtain input on the location of the rail stations.
2. IVES DAIRY ROAD INTERCHANGE PROJECT (FDOT Representative):
CITY MANAGER SUMMARY: Item deferred. No FDOT representative in attendance.
3. INCREASE IN FLORIDA'S CIGARETTE TAX (Commissioner Weinbera): Commissioner
Weinberg noted that the state of Florida has not increased its cigarette tax in 18 years and
suggested that the Commission consider legislation encouraging the state legislature to
increase this tax thereby generating much needed funds for healthcare and preventative
education. David Singer, Esq., addressed the Commission in furtherance of this issue.
CITY MANAGER SUMMARY: Consensus to address resolution at November Commission
meeting in support of increased cigarette tax with a defined purpose for allocation of the
increased funds for healthcare and preventative education.
4. PROPOSED ALARM COST RECOVERY ORDINANCE (Citv Manaaer): Mr. Soroka
introduced the proposed ordinance. Police Chief Steve Steinberg stressed the need for this
legislation.
CITY MANAGER SUMMARY: Consensus to further research this issue and revise draft
ordinance to incorporate Commission's concerns.
Mr. Soroka noted that the Community Services Advisory Board appointments are up for
reappointment in January 2009 and requested input prior thereto as to each Commissioner's
appointee. He then discussed scheduling groundbreaking ceremony for the Arts and
Cultural facility. Consensus to coordinate with Veterans Day service.
5. 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
10:50 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
FROM:
r
TO:
DATE:
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
City of Miami
November 6, 2008 City Commission Meeting Agenda Item 5 B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of Miami.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1632 -08
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
Whereas, it is the responsibility of the governments of the City of Miami, Florida, and the
City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate
levels of police services to address any foreseeable routine or emergency situation; and
Whereas, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to be,
beyond the control of the services, personnel, equipment, or facilities of the City of Miami Police
Department or the City of Aventura Police Department; and
Whereas, in order to ensure that preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people of the City of Miami and the City of Aventura; and
Whereas, it is to the advantage of each agency to receive and extend mutual aid in the
fonn oflaw enforcement services and resources to adequately respond to:
(1) Continuing, multi-jurisdiction law enforcement problems, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
(2) Intensive situations including but not limited to emergencies as defined under Section
252.34, F.S. or joint provision of certain law enforcement services specified herein and
allowed pursuant to F.S. 166.0495; and,
Whereas, the City of Miami and the City of Aventura have the authority under Section
23.12, F.S., et seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement
for law enforcement service which:
(1) Permits voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines as allowed under F.S. 166.0495;
(2) Provides for rendering of assistance in a law enforcement emergency as defined in
Section 252.34, F.S.
NOW THEREFORE, BE IT KNOWN that the City of Miami, a political subdivision of
the State of Florida, and the City of A ventura, a political subdivision of the State of Florida, in
consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to
fullyand faithfully abide by and be bound by the following terms and conditions:
SECTION I:
PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may request and render law enforcement assistance to the other in
dealing with any violations of Florida Statutes to include, but not necessarily be limited to,
investigating sex offenses, robberies, assaults, batteries, burglaries, larcenies, gambling, motor
vehicle thefts, drug violations pursuant to Chapter 893, F.S., routine traffic offenses, backup
services during patrol activities, school resource officers on official duty out of their jurisdiction,
and inter-agency task forces and/or joint investigation.
SECTION II:
PROVISIONS FOR OPERATIONAL ASSISTANCE
The aforesaid law enforcement agencies hereby approve and enter into this agreement whereby
each of the agencies may request and render law enforcement assistance to the other to include,
but not necessarily be limited to dealing with, the following:
1. Joint multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping
disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and
derailments, chemical or hazardous waste spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from. or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization of specialized units; e.g., underwater recovery,
aircraft, canine, motorcycle, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police, or
designee.
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2. Specific reporting instructions for persOlUlel rendering mutual aid will be included
in the request for mutual aid. In the absence of such instructions, personnel will
report to the ranking on-duty supervisor on the scene.
3. Communications instructions will be included in each request for mutual aid and
each agency's communications centers will maintain radio contact with each other
until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities wi]] be handled per established
procedures of the requesting agency, or directors involved.
SECTION III:
PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, the
Chief of Police or designee, sha]] notify the agency, director or hislher designee from whom such
assistance is requested. The director or authorized agency representative whose assistance is
sought sha]] evaluate the situation and the agency's available resources, consult with his/her
supervisors if necessary and will respond in a manner he/she deems appropriate.
The director in whose jurisdiction assistance is being rendered may detennine who is
authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized
and for what purpose such authority is granted. This authority may be granted either verbally or
in writing as the particular situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction
for matters of a routine nature, such as traveling through the area on routine business, attending a
meeting or going to or from work, and a violation of Florida Statutes occurs in the presence of
said party, representing hislher respective agency, helshe shall be empowered to render
enforcement assistance and act in accordance with law. Should enforcement action be taken,
said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the
situation over to them and offer any assistance requested including but not limited to a follow-up
written report documenting the event and the actions taken. This provision so prescribed in this
paragraph is not intended to grant general authority to conduct investigations, serve warrants,
and/or subpoenas or to respond without request to emergencies already being addressed by the
agency of nonnal jurisdiction, but is intended to address critical, life-threatening or public safety
situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law
enforcement officer may encounter.
SECTION IV:
COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting director shall be under the
immediate command of a supervising officer designated by the assisting director. Such
supervising officer shall be under the direct supervision and command of the director or hislher
designee ofthe agency requesting assistance.
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CONFLICTS:
Whenever an officer is rendering assistance pursuant to this agreement, the officer shall
abide by and be subject to the rules and regulations, personnel policies, general orders, and
standard operating procedures of his/her own employer. If any such rule, regulation, personnel
policy general order or standard operating procedure is contradicted, contravened or otherwise in
conflict with a direct order of a superior officer of the requesting agency, then such rule,
regulation, policy, general order or procedure shall control and shall supersede the direct order.
HANDLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative
effort as it may pertain to this agreement, the director or hislher designee. of the requesting
agency shall be responsible for the documentation of said complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation
4. The identity of the employees accused without regard as to agency affiliation.
If it is detennined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing of the
complaint, shall be forwarded without delay to the agency for administrative review. The
requesting agency may conduct a review of the complaint to determine if any factual basis for
the complaint exists and/or whether any of the employees of the requesting agency violated any
of their agency's policies or procedures.
SECTION V:
LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this agreement,
agrees to assume responsibility for the acts, omissions or conduct of such party's own employees
while engaged in rendering such aid pursuant to this agreement, subject to the provisions of
Section 768.28., Florida Statutes, where applicable.
SECTION VI:
POWERS. PRIVILEGES. IMMUNITIES AND COSTS
a. Employees of the City of Miami and the City of Aventura, when actually
engaging in mutual cooperation and assistance outside of their normal jurisdictional limits but
inside this State, under the terms of this Agreement, shall pursuant to the provisions of Section
23.127(1), Fla. Stat. (as amended), have the same powers, duties, rights, privileges and
immunities as if the employee was performing duties inside the employee's political subdivision
in which normally employed.
b. Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to the agreement as set forth above; provided
4
however, that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such mutual aid.
(c) A political subdivision that furnishes equipment pursuant to this agreement must
bear the cost of loss or damage to that equipment and must pay any expense incurred in the
operation and maintenance of that equipment.
(d) The agency furnishing and pursuant to this agreement shall compensate its
appointees/employees during the time such aid is rendered and shall defray the actual travel and
maintenance expenses of its employees while they are rendering such aid, including any amounts
paid or due for compensation due to personal injury or death while such employees are engaged
in rendering such aid.
(e) The privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and
other benefits that apply to the activity of an employee of an agency when performing the
employee's duties within the territorial limits of the employee's agency apply to the employee to
the same degree, manner and extent while engaged in the performance of the duties
extraterritorially under the provisions of this mutual aid agreement. The provisions of this
section shall apply with equal effect to paid. volunteer, and reserve employees.
(t) Nothing herein shall prevent the requesting agency from supplemental
appropriations from the governing authority having budgeting jwisdiction to reimburse the
assisting agency for any actual cost or expenses incurred by the assisting agency performing
hereunder.
SECI10N VII:
INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28 (14), Florida Statutes, in an amount which is, in the judgment of the
governing body of that party, at least adequate to cover the risk to which that party may be
exposed.. Should the insurance coverage, however provided, of any party be canceled or undergo
material change, that party shall notify all parties to this agreement of such change within ten
(10) days of receipt of notice or actual acknowledge of such change.
SECTION VIn:
EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named officials
and shall continue in full force and effect until November 5, 2013; Under no circumstances may
this agreement be renewed, amended, or extended except in writing.
(5)
SECTION IX
CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice
to the other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause to these presents to be signed on the date
specified.
AGREED TO AND ACKNOWLEDGED this
day of
2008.
PEDRO G. FERNANDEZ
CITY MANAGER
CITY OF MIAMI, FLORIDA
ERIC M. SOROKA
CITY MANAGER
CITY OF A VENTURA, FLORIDA
Date:
Date:
Attest:
Attest:
PRISCILLA A. THOMPSON
TERESA M. SOROKA, MMC
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
CITY CLERK
CITY OF A VENTURA, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
JULIE BRU
CITY A ITORNEY
CITY OF MIAMI, FLORIDA
LAW FIRM OF WEISS, SOROT A
AND HELFMAN
CITY OF A VENTURA, FLORIDA
JOHN F. TIMONEY
CHIEF OF POLICE
CITY OF MIAMI, FLORIDA
STEVEN STEINBERG
CIDEF OF POLICE
CITY OF A VENTURA, FLORIDA
6
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF MIAMI FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Miami for law enforcement activities in substantially the
form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2008-_
Page 2
PASSED AND ADOPTED this 6th day of November, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
C'TYtL0 ~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City.
TO: City Commission
DATE: October 13, 2008
SUBJECT: Disbursement of Police Forfeiture Funds
November 6, 2008 City Commission Meeting Agenda Item S~
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 $75,000 to hire an Information
Technology Project Coordinator to coordinate IT projects for the Police
Department, $7,500 for the DFY-IT Program and $2,500 for the A Child is
Missing Program 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/act
Attachment
eeo 1633-08
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
FROM:
Eric M. Soroka, City Manager
~~oerg~hief of Police
TO:
DATE:
9 October, 2008
SUBJECT:
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 governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
IT Project Coordinator (Police)
DFY -IT
A Child is Missing
$75,000
$7,500
$2,500
Total Expenditure Request:
$85,000
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 not considered in the adoption and approval of the budget
of the Police Department.
Summary
IT Coordinator (Police) - Computer expertise; hiring of personnel - This
request is being made to spend up to $75,000 (inclusive of salary & benefits) for
the hiring of a person with the expertise to assist and advise the police
department with computers, technology and software all of which are related to
the overall operation of law enforcement activities.
DFY -IT - DFY -IT - An in school program that helps children learn the dangers of
drugs, and avoid them, by building self-esteem and providing knowledge to the
students. This agency has provided funds to this organization in the past.
Local Office: 16201 SW 95th Avenue
Miami, FL 33157
Office: 305.971.4632
A Child is Missing - This is a non-profit organization that provides assistance to
law enforcement agencies in the event a child or elderly person is missing within
our jurisdiction. This agency provides assistance with volunteers, media support
and the organization of search efforts. This organization also provides education
to children on how to stay safe when confronted with a dangerous situation.
Local office: 500 S.E. 1ih Street
Room 101
Ft. Lauderdale, FL 33316
Office: 954.763.1288
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission
Eric M. Soroka, ICMA-CM, c~\er
October 29, 2008 ~
Re-Appointment of Special Masters for Code Enforcement Process
TO:
DATE:
SUBJECT:
November 6, 2008 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission ratify the City Manager's re-appointment of
Barbara Buxton, Esq. as Special Master for the City of Aventura Code Enforcement
process.
BACKGROUND
Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process
provides for the City Manager to appoint Special Masters, subject to City Commission
ratification, for a term of one year. It further provides that they may be re-appointed by
the City Manager, also subject to ratification by the City Commission. The above-
referenced individual is submitted to you for re-appointment as Special Master.
If you have any questions please feel free to contact me.
EMS/act
Attachment
CC01635-08
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci
DATE: October 23,2008
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
School Board of Miami-Dade County
November 6, 2008 City Commission Meeting Agenda Item 5..E-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the School Board of
Miami-Dade County.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01634-08
October 14,2008
Miami-Dade County School Board
Agustin J BalTera, Chair
Perla Tabares Hantman, Vice Chair
Renier Diaz de la Portilla
Evelyn Langlieb Greer
Or IMlbert "Tee" Holloway
Or Martin Karp
Ana Rivas Logan
Dr. Marta Perez
Or Solomon C. Stinson
Superintendent of Schools
Alberto M Carvalho
Chief Steven Steinberg
Aventura Police Department
19200 West Country Club Drive
Aventura, FL 33180
Dear Chief Steinberg:
The Miami-Dade Schools Police Department (M-DSPD) recently conducted an audit of the Mutual Aid
Agreements (MAA) and Joint Declarations (JD) between the M-DSPD end all outside agencies. There
were several areas of concem raised as a result of this audit with regard~ to the validity, legal sufficiency,
accuracy and expiration of these pacts.
MAAs and JDs between M-DSPD and outside agencies are designed and intended to outline and define
the statutory authorization used to create a plan for the coordination of law enforcement operations
across iurisdictional lines. There are countless types of events that could potentially necessitate a full-
scale response by first-responders and emergency providers. Whether it be a natural disaster such as a
hurricane, flooding and other unstable weather system, or a critical incident at the hands of criminals such
as a school shooting or other criminal act; M-DSPD must have a suitable plan in place, as well as the
legal framework for which to operate within.
The impact of our schools and students upon your jurisdiction is high; M-DSPD understands and respects
this. M-DSPD seeks to uphold its obligation in ensuring the appropriate coverage of school related
incidents, while fully cooperating in your investigative initiatives with regards to part-one crimes. Without
the creation of well vetted and thought-out MAAs and JDs, we hinder our combined ability to co-serve our
communities. It is through continuous collaboration that we can effectively combat crime and juvenile
violence in our neighborhoods and school communities.
While neither limiting nor enhancing current and established practices, the attached MAA and JD are
rudimentary in nature, spelling out only the nPCElssary information. I am therefore requesting your
assistance in executing the final approval process as expeditiously as possible. This will ensure our
cooperative operations are not skewed or interrupted by previously promulgated agreements that lacked
legal sufficiency, accuracy and statutory compliance with regards to expiration dates.
If you have any questions please, contact me at 305-754-9630.
CJHI
L135
Enclosure
(.l\le..
. () .
~~~:~r
The Miami-Dade Schools Police Department. 6100 NW 2nd A venue' Miami, Florida 33127
305-995-COPS . Fax 305-751-7626 . http://po/ice.dadeschools.net
MUTUAL AID AGREEMENT
Between The School Board of Miami-Dade County and
The City of A ventura
Whereas, it is the responsibility of the governments of The School Board of Miami-
Dade County, Florida, and The City of A ventura to ensure the public safety of their citizens by
providing adequate levels of police services to address any foreseeable routine or emergency
situation; and
Whereas, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to be,
beyond the control of the services, personnel, equipment, or facilities of the Miami-Dade Schools
Police Department or The City A ventura Police Departments; and
Whereas, in order to ensure that preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people of the School Board of Miami-Dade County and the
City of A ventura; and
Whereas, The School Board of Miami-Dade County and The City of Aventura have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid
agreement;
NOW, THEREFORE, BE IT KNOWN that The School Board of Miami-Dade County, a
political subdivision of the State of Florida, and the undersigned representatives, in consideration
for mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement intensive situations, this
Mutual Aid Agreement combines the elements of both a voluntary cooperation
agreement and a requested operational assistance agreement, as described in Chapter
23, Florida Statutes.
3. Definitions:
a. Joint Declaration: A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this Agreement, as
determined by concerned agency heads. Subsequent to execution by concerned
agency heads, the joint declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this Agreement. Said
declaration may be amended or supplemented at any time by the agency heads by
filing subsequent declarations with the clerks of the respective political
subdivisions.
b. Agency or participating law enforcement agency: Either the Miami-Dade Schools
Police Department or The City of Aventura Police Department.
c. Agency head: Either the Chief of the Miami-Dade Schools Police Department, or
the Chiefs designees; and the Chief of Police of The City of Aventura Police
Department, or the Chiefs designees.
d. The participating police department: The police department of any municipality in
the State of Florida that has approved and executed this Agreement upon the
approval ofthe governing body of that municipality.
2
e. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
4. Operations:
a. In the event that a party to this Agreement is in need of assistance as specified in
the applicable joint declaration, an authorized representative of the police
department requiring assistance shall notify the agency from whom such assistance
is requested. The authorized agency representative whose assistance is sought shall
evaluate the situation and his or her available resources, and will respond in a
manner deemed appropriate.
b. Each party to this Agreement agrees to furnish necessary personnel, equipment,
facilities, and other resources and to render services to the other party as required to
assist the requesting party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete unreasonably its own
personnel, equipment, facilities, and other resources and services in rendering such
assistance.
c. The agency heads of the participating law enforcement agencies, or their designees,
shall establish procedures for giving control of the mission definition to the
requesting agency, and for giving tactical control over accomplishing any such
assigned mission and supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency. However, each employee shall
also be subject to the personnel rules, regulations, procedures, and policies
applicable to his or her employing agency.
5. Powers, Privileges, Immunities, and Costs:
3
a. All employees of the participating police department, including certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during such
time that said employees are actually providing aid outside of the jurisdictional
limits of the employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall, pursuant to the provisions of Chapter 23,
Florida Statutes, have the same powers, duties, rights, privileges, and immunities as
if they were perfonning their duties in the political subdivision in which they are
nonnally employed.
b. The political subdivision having financial responsibility for the law enforcement
agency providing services, personnel, equipment, or facilities pursuant to the
provisions of this Agreement shall bear any loss or damage to same and shall pay
any and all expenses incurred in the maintenance and operation of same.
c. The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement shall compensate all of its
employees rendering aid pursuant to the Agreement during the time of the
rendering of such aid and shall defray the actual travel and maintenance expenses
of such employees while they are rendering such aid. Such compensation shall
include any amounts paid or due for compensation due to personal injury or death
while such employees are engaged in rendering such aid. Such compensation shall
also include all benefits nonnally due such employees.
d. The political subdivision having financial responsibility for the law enforcement
agency receiving aid pursuant to this Agreement shall compensate all of its
employees pursuant to the Agreement during the time of the receiving of such aid.
4
Such compensation shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in rendering such aid.
Such compensation shall also include aH benefits normally due such employees.
e. All exemptions from ordinance and rules, and all pension, insurance, relief,
disability, workers' compensation, salary, death, and other benefits which apply to
the activity of such officers, agents, or employees of any such agency when
performing their respective functions within the territorial limits of their respective
agencies shall apply to them to the same degree, manner, and extent while engaged
in the performance of their functions and duties extra territoriaHy under the
provisions of this Mutual Aid Agreement. The provisions of this Agreement shaH
apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement, and the political subdivision
having financial responsibility for the law enforcement agency receiving aid pursuant to this
Agreement, each agree to hold harmless, defend, and indemnify each other in any suit,
action, or claim for damages resulting from any and aH acts or conduct of employees of each
agency while providing or receiving aid pursuant to this Agreement, subject to Chapter 768,
Florida Statutes.
7. Forfeitures: It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes,
may be seized. The property shaH be seized, forfeited, and equitably distributed among the
participating agencies in proportion to the amount of investigation and participation
performed by each agency. This shaH occur pursuant to the provisions of the Florida
5
..
Contraband Forfeiture Act. Any participating agencies must request sharing, in writing,
before the entry of a Final Order of Forfeiture, or they will be barred from claiming any
portion of the property forfeited.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be
controlled by the provisions of the latter, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of signing,
through and including, January 1, 2015. Under no circumstances may this Agreement be
renewed, amended, or extended except in writing.
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days
written notice to the other party. Cancellation will be at the discretion of the chief executive
officers of the parties hereto.
AGREED TO AND ACKNOWLEDGED this
~
Mr~rto M. Carvalho, Superintendent
Miami-Dade County Public Schools
day of
,2008
, City Manager
City of A ventura, Florida
WITNESS:
ATTEST:
~
Clerk
Miami-Dade County Public Schools
Clerk
City of A ventura, Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
L~
Attorney ~
Miami-Dade County Public Schools
Attorney
City of A ventura, Florida
6
.-
JOINT DECLARATION BETWEEN THE CHIEF OF THE MIAMI-DADE SCHOOLS
POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF A VENTURA
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be con-
sidered to be operating under the provisions of the mutual aid agreement when:
participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore
entered into by the City of Aventura Police Department, Florida and The School Board ofMi-
ami-Dade County, Florida, it is hereby declared that the following list comprises the circum-
stances and conditions under which mutual aid may be requested and rendered regarding po-
lice operations pursuant to the agreement. Said list may be amended or supplemented from
time to time as needs dictate by subsequent declarations.
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstra-
tions, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires, explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and elec-
trical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
~
II. Major events; e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perfonn its functional ob-
jective.
14. Incidents requiring utilization of specialized units; e.g., underwater recov-
ery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and po-
lice infonnation.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
The following procedures will apply in mutual aid operations:
1. Mutual aid requested or rendered will be approved by the Chief of Police or
designee.
2. Specific reporting instructions for personnel rendering mutual aid should be
included in the request for mutual aid. In the absence of such instructions,
personnel will report to the ranking on-duty supervisor on tbe scene.
3. Communications instructions will be included in each request for mutual aid
and the Miami-Dade Police Department Communications Bureau will main-
tain radio contact with the involved agencies until the mutual aid situation has
ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established pro-
cedures.
~-~
-gteven Steinberg, Chief
A ventura Department
/~AP'
Date ,.
/V /ltI/'d'
Date
Clerk
Date
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the School Board of Miami-Dade County for law enforcement
activities in substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2008-_
Page 2
PASSED AND ADOPTED this 6th day of November, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
H~~
CITY ATTORNEY
AGENDA ITEM 5-F
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA SUPPORTING AN INCREASE IN
FLORIDA'S CIGARETTE TAX AND URGING THE
ADDITIONAL FUNDS GENERATED BE EARMARKED FOR
SMOKING-RELATED HEALTH AND PREVENTIVE
EDUCATION ISSUES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, tobacco use kills more than 400,000 people each year in the United
States, more than the total number killed by AIDS, alcohol, motor vehicles, homicide, illegal
drugs and suicide combined; and
WHEREAS, smoking is a major cause of heart disease, cerebrovascular disease,
chronic bronchitis and emphysema; and
WHEREAS, cigarette smoking accounts for at least 30% of all cancer deaths, 87%
of lung cancer deaths, is associated with increased risk of at least 15 types of cancer, and
secondhand smoke contains more than 4,000 substances, more than 50 of which are
known or suspected to cause cancer; and
WHEREAS, in Florida, nearly 1.2 million youth alive today will become smokers and
approximately 369,000 will die from smoking; and
WHEREAS, smoking related health costs in Florida total more than $6.3 billion
annually, with $1.2 billion being covered by the state's Medicaid program; and
WHEREAS, Florida has not increased its cigarette tax since July 1990, ranking 46th
lowest in the nation with 33.9 cents per pack, while national average is $1.18 per pack; and
WHEREAS, increasing Florida's cigarette tax by $1.00 per pack would likely
generate more than $1.06 billion of tax revenue, while preventing 224,600 children from
starting to smoke and causing 123,300 adults to stop smoking.
Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. The City of Aventura supports measures that would increase Florida's
cigarette tax by at least $1.00 per pack and that this tax revenue be earmarked for
healthcare and preventive education to assist people to quit smoking and discourage youth
from starting to smoke.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2008-
Page 3
PASSED AND ADOPTED this 6th day of November, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
f-I~ 4~
CITY ATTORNEY .
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager ./
BY: Joanne Carr, AICP"".
Community Developm t Director
DATE: October 14,2008
SUBJECT: Petition of the City of Aventura to Amend the City of Aventura
Comprehensive Plan by amending the Capital Improvements Element
to adopt by reference the City's 2008/09 - 2012/13 Capital
Improvement Program (01-CPA-09)
November 6, 2008 Local Planning Agency Meeting Agenda Ite~ 1-j,4
November 6,2008 City Commission Meeting Agenda Item '1:.. A
January 13, 2009 City Commission Meeting Agenda ltem_
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Policy 4.19
of the Capital Improvements Element of the City of Aventura Comprehensive Plan to
adopt the 2008/09 - 2012/13 Capital Improvement Program by reference as an
update to the City's Capital Improvements Element.
THE REQUEST
City staff is requesting an amendment to Policy 4.19 of the
Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt
the City's most recent Capital Improvement Program into the Plan.
BACKGROUND
Section 163.3177(3)(b)1., Florida Statutes, requires that the City annually adopt, by
December 1 of each year, its most recently approved Capital Improvements
Schedule into the Comprehensive Plan. The proposed amendment adopts by
reference the current Capital Improvements Schedule contained within the 2008/09 _
2012/13 Capital Improvement Program approved by the City Commission on June 3,
2008 through Resolution No. 2008-29.
THE AMENDMENT
The proposed amendment is to Policy 4.19 of the Capital Improvements Element of
the Comprehensive Plan, as follows 1 :
"Policy 4.19
The City of Aventura 2007/08 2011/12 2008/09 - 2012/13 Capital Improvement
Program and the Capital Improvements Schedule included therein, contains a schedule
of projects that the City shall implement in order to meet its adopted Level of Service
standards and ensure the financial feasibility of this Comprehensive Plan. The 2007/08
2011/12 2008/09 - 2012/13 Capital Improvement Program is hereby adopted by
reference as part of the Capitallmprovement~ Element."
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Section 163.3177(3)(b)1. of the Florida Statutes requires that the annual update of
the City's Capital Improvement Schedule be adopted into the Comprehensive Plan
by ordinance. Section 163.3177(3)(b) 2. provides that adoption of the annual update
to the Plan is not subject to review and comment by the State and other agencies
before adoption.
Notice of the proposed amendment has been properly published. Once adopted by
the City Commission, a copy of the ordinance will be provided to the Florida
Department of Community Affairs (DCA) as evidence of the City's compliance with
Section 163.3177(3)(b)1. of the Florida Statutes.
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
2
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS
ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA
2008/09-2012/13 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 163.3177(3)(b)1. of the Florida Statutes requires
municipalities to annually adopt an updated Capital Improvements Schedule and to
amend the Capital Improvements Element in the Comprehensive Plan to include the
updated Schedule; and
WHEREAS, at a public hearing on November 6, 2008, the City of Aventura Local
Planning Agency reviewed the proposed update to the Capital Improvements Element,
found the proposed change to be consistent with the City of Aventura Comprehensive
Plan and recommended approval of the update to the City Commission.
WHEREAS, the City Commission has conducted a first and second reading of the
proposed ordinance amending Policy 4.19 of the Capital Improvements Element of the
Comprehensive Plan to adopt by reference the current Capital Improvements Schedule
contained within the City's 2008/09 - 2012/13 Capital Improvement Program at duly
noticed public hearings as required by law and finds that based on the City of Aventura
Local Planning Agency's recommendation, the recommendation of staff and comments
from the public, the proposed amendment to update the Capital Improvements Element
will not result in any adverse impacts on any infrastructure system that will exceed
established level of service standards and is otherwise consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt the updated and approved Capital
1/
Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2009 -
Page 2
Improvements Schedule contained in the City's 2008/09-2012/13 Capital Improvement
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findinas. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment to the Comprehensive Plan. That Policy 4.19 of
Objective 4 of the Capital Improvements Element of the City of Aventura Comprehensive
Plan is hereby amended as follows 1 :
Policy 4.19
The City of Aventura 2007/08 2011/122008/09 - 2012/13 Capital Improvement Program and
the Capital Improvements Schedule included therein, contains a schedule of projects that the
City shall implement in order to meet its adopted Level of Service standards and ensure the
financial feasibility of this Comprehensive Plan. The 2007/08 2011/12 2008/09 - 2012/13
Capital Improvement Program is hereby adopted by reference as part of the Capital
Improvements Element.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Comprehensive Plan. That it is the intention of
the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the Plan Amendment approved by this Ordinance shall be the date a final order
is issued by the Florida Department of Community Affairs or Administration
Ordinance No. 2009 -
Page 3
Commission finding that the Plan Amendment is in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department
of Community Affairs' notice of intent to find the Plan Amendment in compliance shall
be deemed to be a final order if no timely petition challenging the Plan Amendment is
filed pursuant to Chapter 163, Florida Statutes.
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading this 6th day of November, 2008.
Ordinance No. 2009 -
Page 4
PASSED AND ADOPTED on second reading this 13th day of January, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~ k-fO\
City Attorney
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICP
Community Development Director
DATE: October 6, 2008
SUBJECT: Amendment to Section 31-239(f) "Compliance with Comprehensive Plan"
of the City's Land Development Regulations to add Level of Service
standards for education
(01-LDR-09)
November 6, 2008 Local Planning Agency Item tJ.B
November 6,2008 City Commission Meeting Agenda Item1ii
January 13, 2009 City Commission Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Section 31-
239(f) of the City's Land Development Regulations to add Level of Service standards
for education.
THE REQUEST
City staff is requesting that Section 31-239(f) of the City's Land Development
Regulations be amended to add the Level of Service standards for education as
adopted in the City's Comprehensive Plan.
THE AMENDMENT
The City's Comprehensive Plan was recently updated to add the adopted Education
Element. This new element contains Level of Service standards for public school
education and for the Aventura City of Excellence School (ACES).
Section 31-239 of the City's Land Development Regulations provides for required
compliance with the City's Comprehensive Plan. This section sets out the level of
service or concurrency standards for development. In order to be consistent with the
adopted Comprehensive Plan, the same Level of Service standards in the
Comprehensive Plan needs to be reflected in this section of the Land Development
Regulations. The Level of Service standards in the adopted as Policies 2.1, 2.2, 2.3
and 5.4 of the Education Element of the City's Comprehensive Plan are attached as
Exhibit #1 to this report.
It is recommended that the following Level of Service standards for education be added
as Section 31-239(f)(8) of the City's Land Development Regulations:
"Sec. 31-239. Compliance with Comprehensive Plan.
(f) Level of Service standards. The following Level of Service standards contained in
the adopted Comprehensive Plan shall be maintained.
(8)Education.
The adopted level of service (LOS) standard for all Miami-Dade County public school facilities
and for Aventura City of Excellence School (ACES) is 100% utilization of Florida Inventory of
School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard, except for
maanet schools, shall be applicable in each public school concurrency service area (CSA),
defined as the public school attendance boundary established by Miami-Dade County Public
Schools.
The adopted LOS standard for maanet schools is 100% FISH (with relocatable classrooms)
which shall be calculated on a districtwide basis.
Level of Service standards for public school facilities shall apply to those traditional educational
facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of
Service standards do not apply to maanet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries; however, their capacity is credited
aaainst the impact of development. No credit aaainst the impact of development shall be aiven
for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity
(with Relocatable Classrooms).
Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durina replacement. remodelina, renovation or
expansion of a public school facility: and in the event of a disaster or emeraency which prevents
the School Board from usina a portion of the affected school facility.
If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will
strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity by January 1. 2018.
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonaer utilize
relocatable classrooms except as an operational solution.
Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess
the viabilitv of modifvina the adopted LOS standard to 100% utilization of Permanent FISH (No
Relocatable Classrooms) for all CSAs.
In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact. the development may proceed provided at least one of the followina
conditions is met:
a) The development's impact can be shifted to one or more contiauous CSAs that have
available capacity and is located, either in whole or in part, within the same Geoaraphic Area as
the proposed development or
b) The development's impact is mitiaated, proportionate to the demand for public schools it
created, throuah a combination of one or more appropriate proportionate share mitiaation
options, as defined in Section 163.3180 (13)(e)1, Florida. The intent of these options is to
provide for the mitiaation of residential development impacts on public school facilities,
auaranteed bv a leaal bindina aareement. throuah mechanisms that include one or more of the
followina: contribution of land; the construction, expansion or payment for land acquisition or
construction of a permanent public school facilitv; or, the creation of a mitiaation bank based on
the construction of a permanent public school facilitv in exchanae for the riaht to sell capacity
credits. The proportionate share mitiaation aareement is subiect to approval bv Miami-Dade
County School Board and the City of Aventura and must be identified in the Miami-Dade County
Public School Facilities Work Proaram, or;
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met. the development shall not be approved."
ANAL YSIS
Standards for reviewing proposed amendments to the text of the LDR pursuant to
Section 31-77(g) of the City Code:
1. The proposed amendment is legally required.
The proposed amendment is required to provide for Level of Service standards for
education consistent with those in the City's Comprehensive Plan.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for Level of Service standards for education
consistent with those in the adopted City of Aventura Comprehensive Plan.
~'.'-."
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EDUCATION ELEMENT
Exhibit 1
01-LDR-09
EDUCATION GOAL
Develop, operate and maintain a system of public education in co-operation with Miami-Dade
County Public Schools and other appropriate governmental agencies, which will strive to
improve the quality and quantity of public educational facilities available to the citizenry of the
City of Aventura.
OBJECTIVE 1
Work towards the reduction of the overcrowding which currently exists in Miami-Dade County
Public Schools, while striving to attain an optimum level of service pursuant to Objective 2.
Work in co-operation with Miami-Dade County Public Schools and other appropriate
governmental agencies to provide additional solutions to overcrowding so that countywide
enrollment in Miami-Dade County's pUblic schools will meet state requirements for class size
by September 1, 2010.
Measure: Annual review by Miami-Dade County Public Schools to compare official enrollment
of the school system with the number of student stations available to determine the current
operating level of service.
Policy 1.1
Continue to work with Miami-Dade County Public Schools in its efforts to continue to provide
new permanent student stations.
Policy 1.2
Continue to work with Miami-Dade County Public Schools in the City's efforts to operate,
maintain and expand alternative educational facilities to relieve overcrowding at public schools,
in so far as funding and rules permit.
Policy 1.3
Cooperate with Miami-Dade County Public Schools in their efforts to maintain and/or improve
the established level of service (LOS) standards, for Public Educational Facilities, as
established for the purposes of public school concurrency.
Policy 1.4
Miami-Dade County Public Schools' comments shall be sought and considered on
comprehensive plan amendments and other land use and zoning decisions which will increase
residential density, in order to be consistent with the terms of the state mandated Interlocal
Agreement pursuant to Sections 1013.33,163.3174 and 163.31777, Florida Statutes.
OBJECTIVE 2
The City shall coordinate new residential development with the future availability of public
school facilities consistent with the adopted level of service standards (LOS) for public school
concurrency to ensure the inclusion of those projects necessary to address existing
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deficiencies in the 5 year schedule of capital improvements and meet future needs based upon
achieving and maintaining the adopted LOS standards throughout the planning period.
Measure: Annual review, in cooperation with all parties to the Interlocal Agreement for Public
School Facility Planning, of the latest adopted Miami-Dade County Public Schools Facility
Work Program to determine if the adopted concurrency level of service standards are being
met.
olicy 2.1
Up ublic school concurrency becoming effective, the adopted level of service (LOS)
standard for all Miami-Dade County public school facilities is 100% utilization of Florida
Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS
standard, except for magnet schools, shall be applicable in each public school concurrency
service area (CSA), defined as the public school attendance boundary established by Miami-
Dade County Public Schools.
The adopted LOS standard for magnet schools is 100% FISH (with relocatable classrooms)
which shall be calculated on a districtwide basis.
Level of Service standards for public school facilities shall apply to those traditional educational
facilities, owned and operated by Miami-Dade County Public Schools, that are required to
serve the residential development within their established Concurrency Service Area. Level of
Service standards do not apply to magnet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries; however, their capacity is credited
against the impact of development. No credit against the impact of development shall be given
for such districtwide educational facilities if their enrollment is at, or above, 100% FISH
capacity (with Relocatable Classrooms).
Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard during replacement, remodeling, renovation or
expansion of a public school facility; and in the event of a disaster or emergency which
prevents the School Board from using a portion of the affected school facility.
~~~
If nstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura
will strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity by January 1, 2018.
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no longer utilize
relocatable classrooms except as an operational solution.
By December 2010, the City in cooperation with Miami-Dade County Public Schools will
assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent
FISH (No Relocatable Classrooms) for all CSAs.
~~c: 9
In event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact, the development may proceed provided at least one of the following
conditions is met:
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a) The development's impact can be shifted to one or more contiguous CSAs that have
available capacity and is located, either in whole or in part, within the same Geographic Area
as the proposed development; or
b) The development's impact is mitigated, proportionate to the demand for public schools it
created, through a combination of one or more appropriate proportionate share mitigation
options, as defined in Section 163.3180 (13)(e)1, Florida Statutes. The intent of these options
is to provide for the mitigation of residential development impacts on public school facilities,
guaranteed by a legal binding agreement, through mechanisms that include one or more of the
following: contribution of land; the construction, expansion or payment for land acquisition or
construction of a permanent public school facility; or, the creation of a mitigation bank based
on the construction of a permanent public school facility in exchange for the right to sell
capacity credits. The proportionate share mitigation agreement is subject to approval by
Miami-Dade County School Board and the City of Aventura and must be identified in the
Miami-Dade County Public School Facilities Work Program, or;
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met, the development shall not be approved.
Policy 2.4
Concurrency service areas shall maXimize capacity utilization, taking into account several
factors, including transportation costs, student travel times, socio-economic objectives, and
recognition of the timing of capacity commitments. Other considerations for amending
concurrency service areas may include safe access (including factors such as the presence of
sidewalks, bicycle paths, turn lanes and signalization, general walkability), diversity and
geographic or man-made constraints to travel. The types of physical or operational
adjustments to school capacity that will be considered in the County shall be determined by
Miami-Dade County Public Schools' policies on maximization of capacity. Periodic adjustments
to the boundary or area of a CSA may be made by the School Board to achieve the above
stated factors. Other potential amendments to the CSAs shall be considered annually at the
Staff Working Group meeting to take place each year no later than April 30 or October 31,
consistent with Section 9 of the lnterlocal Agreement for Public School Facility Planning.
Policy 2.5
The City, through the implementation of the concurrency management system and Miami-
Dade County Public Schools Facilities Work Program for educational facilities, shall ensure
that existing deficiencies are addressed and the capacity of schools is sufficient to support
residential development at the adopted Level of Service (LOS) standards throughout the
planning period in the 5-year schedule of capital improvements.
Policy 2.6
The Miami-Dade County Public Schools Facilities Work Program will be evaluated on an
annual basis to ensure that the level of service standards will continue to be achieved and
maintained throughout the planning period.
Policy 2.7
The City will coordinate with the Miami Dade County Public Schools to ensure that the Miami
Dade County Public School Facilities Work Program shall be amended on an annual basis to:
1) add a new fifth year; 2) reflect changes in estimated capital revenues, planned capital
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Policy 5.3
The City shall consider a proposal for proportionate share mitigation that provides
improvement for ACES, if the development is located within the City.
olicy 5.4
T e of Service (LOS) standard of Policy 2.1 of this Element is hereby adopted as the
LOS standard for ACES.
Policy 5.5
The City shall use Florida Department of Education design criteria to calculate the capacity of
ACES.
Policy 5.6
The City shall strive to enroll a student population of 100% of the capacity in the adopted
Charter School Contract for ACES.
Education Element Map Series
Consistent with Section 163.3177(12)(g), Florida Statutes, maps showing existing and future
conditions are included in the element. A map series - Figures 1 Band 2B - has been included
which indicates the location of existing and proposed public schools and ancillary facilities over
the 5-year planning period. This map series was prepared by Miami-Dade County and is
included, along with maps for existing and proposed public schools in four areas of the County
that are generally equivalent to the proposed Educational Impact Fee Benefit District, in the
County's Education Element. The map has been revised by the City of Aventura to show the
location of the Aventura City of Excellence School (ACES). The entire map series prepared by
Miami Dade County as part of its support data, inventory and analysis dated July 3,2007 are
hereby adopted by reference.
Map locations of future public school facilities are general and do not prescribe a land use on a
particular parcel of land.
Figure 1 B - Existing Educational and Ancillary Facilities
Located in the Northeast Area - 2007
Revised to show Aventura City of Excellence School
Figure 2B - Proposed Education and Ancillary Facilities
Located in the Northeast Area - 2012/13
89
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-239 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS ENTITLED
"COMPLIANCE WITH COMPREHENSIVE PLAN" TO ADD
LEVEL OF SERVICE STANDARDS FOR EDUCATION AS
SECTION 31-239 (f)(8); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to add Level of Service standards for education consistent
with the Level of Service standards for education in the adopted City of Aventura
Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
pursuant to a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan and in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing "Whereas" clauses are ratified and
confirmed as being true, correct and reflective of the legislative intent underlying this
Ordinance and are hereby made a specific part of this Ordinance.
Section 2. Amendment. Section 31-239 (f) of the City's Land Development
Regulations is hereby amended as follows 1:
"Sec. 31-239. Compliance with Comprehensive Plan.
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2009 -
Page 2
(f) Level of Service standards. The following level of service standards contained in the
adopted Comprehensive Plan shall be maintained.
(8) Education.
The adopted level of service (LOS) standard for all Miami-Dade County public school facilities
and for Aventura City of Excellence School (ACES) is 100% utilization of Florida Inventory of
School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard, except for
maqnet schools, shall be applicable in each public school concurrency service area (CSA),
defined as the public school attendance boundary established bv Miami-Dade County Public
Schools.
The adopted LOS standard for maqnet schools is 100% FISH (with relocatable classrooms)
which shall be calculated on a districtwide basis.
Level of Service standards for public school facilities shall applv to those traditional educational
facilities, owned and operated bv Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of
Service standards do not applv to maqnet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries: however, their capacity is credited
aqainst the impact of development. No credit aqainst the impact of development shall be qiven
for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity
(with Relocatable Classrooms).
Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durinq replacement, remodelinq, renovation or
expansion of a public school facilitv: and in the event of a disaster or emerqencv which prevents
the School Board from usinq a portion of the affected school facilitv.
If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will
strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity bv January 1, 2018.
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonqer utilize
relocatable classrooms except as an operational solution.
Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess
the viabilitv of modifvinq the adopted LOS standard to 100% utilization of Permanent FISH (No
Relocatable Classrooms) for all CSAs.
In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact, the development may proceed provided at least one of the followinq
conditions is met:
Ordinance No. 2009 -
Page 3
a) The development's impact can be shifted to one or more contiauous CSAs that have
available capacity and is located, either in whole or in part, within the same Geoaraphic Area as
the proposed development: or
b) The development's impact is mitiaated, proportionate to the demand for public schools it
created, throuah a combination of one or more appropriate proportionate share mitiaation
options, as defined in Section 163.3180 (13)(e)1, Florida. The intent of these options is to
provide for the mitiaation of residential development impacts on public school facilities,
auaranteed by a leaal bindina aareement, throuah mechanisms that include one or more of the
followina: contribution of land; the construction, expansion or payment for land acquisition or
construction of a permanent public school facility; or, the creation of a mitiaation bank based on
the construction of a permanent public school facility in exchanae for the riaht to sell capacity
credits. The proportionate share mitiaation aareement is subiect to approval by Miami-Dade
County School Board and the City of Aventura and must be identified in the Miami-Dade County
Public School Facilities Work Proaram, or;
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met, the development shall not be approved.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2009 -
Page 4
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading this 6th day of November, 2008.
Ordinance No. 2009 -
Page 5
PASSED AND ADOPTED on second reading this 13th day of January, 2009.
Susan Gottlieb, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED S TO LEGAL SUFFICIENCY:
This Ordinance was filed in the Office of the City Clerk this _ day of
,2009.
CITY CLERK
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, City
TO:
City Commission
BY: ~ian K. Raducci, Finance Director
DATE: October 29,2008
SUBJECT: End of Year Budget Amending Ordinance - FY 2007/08
_Js~J~,eadina Nnvember_6. 2008 City Commission Meeting Agenda Item 1 c..
2nd Reading January 13, 2009 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending the FY
2007/08 budget.
BACKGROUND
As you are aware, the Finance Department is preparing the City's official books and records for
the upcoming FY 2007/08 year-end audit. Now that most of our year-end adjustments have
been posted, we have the necessary information to formally amend the FY 2007/08 budget.
This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared to
ensure that the "final" adopted budget contains sufficient appropriations to satisfy all actual
expenditures.
This ordinance will appear on the November and January agendas to comply with, Section
166.241 (3) of the Florida Statutes. Although this section requires all budget amendments be
made "within up to 60 days following the end of the fiscal year," we will be unable to have the
ordinance on second reading until January 2009 as there is no December meeting. This
process is consistent with the City's past practice as the ordinance will appear on first reading
prior to the November 29, 2008 deadline.
We are only required to amend budgets when a Department's total budget has been exceeded.
At September 30, 2008, the General Fund (001) and both the FIFC Loan (390) and the Arts and
Cultural Center (391) Construction Funds require budget amendments. In all cases, we will only
amend the specific expenditure accounts primarily responsible for the amendment and in some
cases, associated revenues may be increased to justify the overage in expenditures. Listed
below is a summary of the amendments by fund and department and the circumstances that
support each recommendation.
Page 2
Memorandum to City Commission
End of Year Budget Amending Ordinance - FY 2007/08
General Fund - (001) - $650,000
City Clerk - $25.000
Requires a budget amendment of $25,000 primarily due to an overage of approximately
$25,000 in unanticipated Election Expenses related to a special mail-in ballot that was sent out
to our residents to determine whether or not the City should change its election date to coincide
with the state and national election dates.
Community Development - $625,000
Requires a budget amendment of $625,000 primarily due to an overage of approximately
$605,000 and $20,000 in Building Inspection Services and associated professional services,
respectively. Both overages are due to higher than anticipated building activity during the year.
Both of the overages described above are offset by approximately $514,000 in additional
Building Permit revenue and $136,000 in additional Certificate of Occupancy revenue.
FIFC Loan Construction Fund - (390) - $0
This fund was originally established to account for loan proceeds and expenditures associated
with the Florida Intergovernmental Finance Commission Loan which was used to fund
construction and equipment for the School. As the original project has been completed, the
remaining proceeds will now be transferred to the Charter School Fund (190) to be used for the
School's capital needs. (This is simply a budget reclassification from one expense category to another and
does not actually increase budgeted expenditures. The corresponding increase to the Charter School Fund's
revenue will be considered next year when the School's Budget Amendment is prepared.)
Arts and Cultural Center Construction Fund - (391) - $250,000
During the year, $250,000 was spent on architectural design fees for the Arts & Cultural Center.
The budget amendment creates the Arts and Cultural Center Construction Fund to account for
revenues and expenditures associated with this project. The $250,000 in expenditures is offset
by $250,000 in revenues in reimbursements from the County's GOB project.
The budget amendments outlined above, are expected to have little to no impact on the FY
2007/08 overall budget or carryover that was utilized in the preparation of the FY 2008/09
budget. Based on this analysis, I recommend approval of the attached Ordinance.
CITY OF AVENTURA
GENERAL FUND 001
FY 2007/08 BUDGET AMENDMENT
REVENUES
OBJECT 2007/08 2007/08 2007/08
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
3221000 Building Permits $ 1,100,000 $ 514,000 $ 1,614,000
3222000 Certificate of Occupancy 175,000 136,000 311,000
Total Revenue $ 1,275,000 $ 650,000 $ 1,925,000
TOTAL AMENDMENTS - REVENUE ,$ 650,000
EXPENDITURES
OBJECT 2007/08 2007/08 2007/08
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
CITY CLERK'S OFFICE
OTHER CHARGES & SERVICES
4915 Election Expenses $ $ 25,000 $ 25,000
Total City Clerk n $ 25,000 $ 25,000
COMMUNITY DEVELOPMENT
CONTRACTUAL SERVICES
3101 Building Inspection Services $ 780,000 $ 605,000 $ 1,385,000
3190 Prof. Services 70,000 20,000 90,000
Total Community Development $ 850,000 $ 625,000 $ 1,475,000
TOTAL AMENDMENTS - EXPENDITURES 1$ 650,000
CITY OF AVENTURA
FIFC LOAN CONSTRUCTION FUND 390
FY 2007/08 BUDGET AMENDMENT
EXPENDITURES
OBJECT 2007/08 2007/08 2007/08
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
CAPITAL OUTLAY
6999 Capital Reserve $ 151,560 $ (151,560) $
9118 Transfer to Charter School Fund 151,560 151,560
\$ 151,560 $ $ 151,560 I
TOTAL AMENDMENTS - EXPENDITURES 1$
CITY OF AVENTURA
ARTS & CULTURAL CENTER CONSTRUCTION FUND 391
FY 2007/08 BUDGET AMENDMENT
REVENUES
OBJECT 2007/08 2007/08 2007/08
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
3842000 County Bond Proceeds '$ - $ 250,000 $ 250,000 I
TOTAL AMENDMENTS - REVENUE n 250,000 I
EXPENDITURES
OBJECT 2007/08 2007/08 2007/08
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
CAPITAL OUTLAY
Arts Center 70-575
6308 Arts & Cultural Ctr. Construction n $ 250,000 $ 250,000
TOTAL AMENDMENTS. EXPENDITURES $ 250,000 ·
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2007/2008 FISCAL YEAR BY REVISING THE
2007/2008 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Director as to Accounting Principles), it is deemed necessary to adjust,
amend and implement the 2007/2008 Operating and Capital Budget as set forth in
Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. 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. 2007-13, which Ordinance adopted a budget for the 2007/2008 fiscal
year, by revising the 2007/2008 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Ordinance No. 2009-
Page 2
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1,2007.
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Terj Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
2
Ordinance No. 2009-
Page 3
PASSED on first reading this 6th day of November, 2008.
PASSED AND ADOPTED on second reading this 13th day of January, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: September 18, 2008
SUBJECT: Proposed Arts and Cultural Center Advisory Board
1 st Reading October 7, 2008 City Commission Meeting Agenda Item ~
2nd Reading November 6, 2008 City Commission Meeting Agenda Item ~
RECOMMENDA TION
It is recommended that the City Commission adopt the attached Ordinance establishing
an Arts and Cultural Center Advisory Board.
BACKGROUND
Attached hereto, for your review is a proposed Ordinance establishing an Arts and
Cultural Center Advisory Board. The document was prepared after an extensive
evaluation of similar Boards in other jurisdictions and is based on best practices after
discussions with representatives of other performing arts facilities. The following is an
oveNiew of the Ordinance:
1. The Board will consist of nine (9) members who shall be appointed by the Mayor,
subject to the approval of the City Commission. Five (5) members of the Board
shall be residents of the City and the four (4) remaining members may be from
within or outside the City limits.
2. Individuals wishing to be a member of the Arts and Cultural Center Advisory
Board shall make application to the City Manager on the forms provided by the
City. The City Manager shall inteNiew all applicants and make recommendation
to the Mayor. The Mayor shall appoint to the Board members from the list of
applicants recommended by the City Manager, subject to the approval of the City
Commission.
.<N_
3. In recommending members of the Board, the following guidelines shall be
considered: The membership of this Board should be representative of the broad
spectrum of the arts and have specific experience and a strong commitment to
performing arts including music, dance, the dramatic arts, the visual arts and the
cultural arts.
4. The powers and duties of the Board shall be solely of an advisory nature to the
City Manager and Arts & Cultural Center Director. The City Manager shall be
responsible for communicating to the City Commission the actions of the Board.
5. The Mission of the Board is to assist the City in developing a facility that offers a
wide range of quality entertainment year-round and cultivates partnerships with
other local and regional organizations to enhance the quality of life for Aventura
by providing a variety of performing arts and relevant cultural programming for
audiences of all ages.
6. The following matters shall be within the advisory jurisdiction of the Board:
,,~.
· Promote the mission of the Arts & Cultural Center and broad spectrum of
performing arts.
· Review the various programs to be held at the Arts & Cultural Center as
recommended by the Arts & Cultural Center Director. Final programming
decisions shall rest with the Arts & Cultural Center Director.
· Recommend fundraising and sponsorship opportunities and assist with the
implementation of same to support the Center's operations and
programming. The Board may accept donations on behalf of the Center in
a manner as approved by the City Manager.
· Review polices and regulations that have been recommended by the Arts
& Cultural Center Director as it relates to the Arts & Cultural Center.
· Assist in the promotion of the Arts & Cultural Center programs.
7. The Board shall meet quarterly or more frequently as determined by the City
Manager.
EMS/
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, CREATING DIVISION 5 "ARTS AND
CULTURAL CENTER ADVISORY BOARD" OF ARTICLE
III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE BY CREATING
SECTION 2-191 "CREATION, COMPOSITION AND
QUALIFICATIONS," SECTION 2-192"APPOINTMENT OF
BOARD MEMBERS PROCESS", SECTION 2-193
"ADVISORY CAPACITY ", SECTION 2-194 "RULES OF
PROCEDURE; QUORUM", SECTION 2-195 "MISSION;
JURISDICTION AND DUTIES"; AND SECTION 2-196
"STANDARDS OF CONDUCT FOR MEMBERS";
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City Commission desires to create an advisory board, to be
known as the City of Aventura Arts and Cultural Center Advisory Board, to provide
advice, recommendations and otherwise assist in matters pertaining to the Aventura
Arts And Cultural Center (the "Center").
~""'-
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recital is hereby adopted
and confirmed.
Section 2. Code Revised.
That Division 5 " Arts and Cultural Center
Advisory Board" of Article III "Advisory Boards" of Chapter 2 "Administration" of the City
Code is hereby created to read as follows:
Division 5. Arts and Cultural Center Advisory Board.
Sec. 2-191. Creation, composition and qualifications.
A. There is hereby created and established the City of Aventura Arts and
Cultural Center Advisory Board (the "Board") consisting of nine (9)
members who shall be appointed by the Mayor, subject to the
,"""'-'"
Ordinance No. 2008-
Page 2
approval of the City Commission. Five (5) members of the Board
shall be residents of the City and the four (4) remaining members
may be from within or outside the City limits. Members of the Board
shall be appointed in accordance with procedures established herein
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.
Members shall serve for a two year term and may be reappointed in
accordance with the process outlined herein.
B. (i)
Each one of the five (5) resident members of the Board shall
be a qualified elector of the City of Aventura 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 of the Board who ceases
to reside within the City, and has been selected as a resident
appointment shall be deemed to have resigned as of the
date of his or her change of residence.
(ii) The remaining four (4) members shall be selected without
preference to residence.
(iii) In the event of the resignation or removal of any member of
the Board, the Mayor shall appoint a person to fill the
2
Ordinance No. 2008-_
Page 3
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 accordance with procedures
established herein.
C. In the event that a member of the Board shall be absent and unexcused
from a duly-called meeting of the Board for three consecutive meetings,
then in that event such member shall automatically be removed as a
member of the Board by the City Manager. An excused absence shall be
requested in writing via email, fax or letter prior to the Board meeting.
D. The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and shall provide necessary staff support for the
Board.
Sec. 2-192. Appointment of Board Members Process.
A. Individuals wishing to be a member of the Arts and Cultural
Center Advisory Board shall make application to the City
Manager on the forms provided by the City. The City Manager
shall interview all applicants and make recommendation to the
Mayor. The Mayor shall appoint to the Board members from the
list of applicants recommended by the City Manager, subject to
the approval of the City Commission.
"",-..,
3
Ordinance No. 2008-_
Page 4
B. In recommending members of the Board, the following guidelines
shall be considered:
(i) The membership of this Board should be representative of
the broad spectrum of the arts and have specific experience
and a strong commitment to performing arts including
musIC, dance, the dramatic arts, the visual arts and the
cultural arts.
Sec. 2-193. Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature
to the City Manager and Arts & Cultural Center Director. The City Manager shall
.....--<>-
be responsible for communicating to the City Commission the actions of the
Board.
Sec. 2-194. Rules of procedure; Quorum
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 members to act as Chairperson and may elect a Vice-Chairperson, both
of whom shall serve for one-year and may be re-elected.
4
Ordinance No. 2008-_
Page 5
C. Five 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 five (5) affirmative votes shall be required for official
action.
Sec. 2-195. Mission; Jurisdiction and Duties.
A. The Mission of the Board is to assist the City in developing a facility that
offers a wide range of quality entertainment year-round and cultivates
partnerships with other local and regional organizations to enhance the
quality of life for Aventura by providing a variety of performing arts and
-
relevant cultural programming for audiences of all ages.
B.
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/or Arts & Cultural Center Director. The following matters
shall be within the advisory jurisdiction of the Board:
(1) Promote the mission of the Arts & Cultural Center and broad
spectrum of performing arts.
(2) Review the various programs to be held at the Arts & Cultural
Center as recommended by the Arts & Cultural Center Director.
Final programming decisions shall rest with the Arts & Cultural
Center Director.
5
,~
Ordinance No. 2008-
Page 6
(3) Recommend fundraising and sponsorship opportunities and assist
with the implementation of same to support the Center's operations
and programming. The Board may accept donations on behalf of
the Center in a manner as approved by the City Manager.
(4) Review polices and regulations that have been recommended by
the Arts & Cultural Center Director as it relates to the Arts &
Cultural Center.
(5) Assist in the promotion of the Arts & Cultural Center programs.
C. The Board shall meet quarterly or more frequently as determined
by the City Manager.
Sec. 2-196. Standards of Conduct for Members.
All members of the Board shall be subject to the Standards of Conduct for Public
Officers and Employees, as set by federal, state, county, city or other applicable law
pursuant to City Charter Section 7.03 and must file the appropriate financial disclosure
forms.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
-
6
Ordinance No. 2008-
Page 7
Section 4. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Code of the City of Aventura; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption on first reading. The motion was seconded by Commissioner Auerbach and,
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner
, who moved its
adoption on second reading. The motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
7
~
Ordinance No. 2008-_
Page 8
PASSED on first reading this ih day of October, 2008.
PASSED AND ADOPTED on second reading this 6th day of November, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
Approved as to Form and Legal Sufficiency:
- ~~
City Attorney
8
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City M
TO: City Commission
DATE: September 19,2008
SUBJECT: Proposed Ordinance Amending the Duties of the Community
Services Advisory Board
1st Reading October 7,2008 City Commission Meeting Agenda Item SLB_
2nd Reading November 6, 2008 City Commission Meeting Agenda Ite~
RECOMMENDATION
,,~~
It is recommended that the City Commission adopt the attached Ordinance amending
the duties of the Community Services Advisory Board and to provide to modify the
number of unexcused absences for Board members.
BACKGROUND
As discussed at the September Workshop Meeting, the role and duties have changed
since the Board was created 12 years ago. In order to provide for the Board to
continue to serve the needs of the community and obtain important input, the proposed
Ordinance amends the duties of the Board by deleting certain functions no longer
necessary and adding the focus on green initiatives and the shuttle bus service.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01628-08
"-
".....-.
ORDINANCE NO. 2008-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 2 "ADMINISTRATION" ARTICLE III
"ADVISORY BOARDS", DIVISION 2 "COMMUNITY
SERVICES ADVISORY BOARD" AT PARAGRAPH (C) OF
SECTION 2-121 TO PROVIDE THAT MEMBERS HAVING
TWO OR MORE UNEXCUSED ABSENCES IN A
CALENDAR YEAR MAY BE SUBJECT TO REMOVAL;
AND AMENDING SECTION 2-125 "JURISDICTION" TO
REVISE THE JURISDICTION OF THE BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. That Paragraph (c) of Section 2-121 of Chapter 2 "Administration"
Article III "Advisory Boards", Division 2 "Community Services Advisory Board" shall be
-"",~
amended as follows:
Sec. 2-121. Creation, composition and qualifications.
(c) In the event that a member of the Board shall be absent from a duly
called meeting of the Board for three consecutive meetings or in the event
that a member has tRfee two 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.
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. That Section 2-125 "Jurisdiction" is hereby amended as follows:
Sec. 2-125. 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 or a recommendation bv motion of the
-
1 / Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by strike through.
Ordinance No. 2008-_
Page 2
Board. The following matters shall be within the advisory jurisdiction of the
Board:
(1) Stimulate greater public awareness and appreciation of the
importance of beautification, recreation and cultural arts in the City
encouraQe participation by the community in beautification and QO Qreen
initiatives by establishinQ recoQnition proQrams.
(2) Assist in the formulation of special events, recreation activities,
senior, youth and cultural programs.
(3) Provide recommendations on landscaping and beautification projects.
(4) Promote the sponsorship of cultural arts and special events by
community and civic organizations.
(5) Encourage and facilitate opportunities for City residents to participate
in various cultural events and activities. Review and provide input on
special events. recreation activities. senior and youth proQrams. qo Qreen
initiatives and the shuttle bus services.
(e~) Act as the City's tree board for the Tree City USA requirements.
(+1) Other matters assigned by the City Commission and City Manager.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. 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 re-numbered
or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
2
Ordinance No. 2008-
Page 3
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on first reading. The motion was seconded by Commissioner Diamond
and, upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner
, who moved
its adoption on second reading. The motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
3
Ordinance No. 2008-_
,,- Page 4
PASSED on first reading this ih day of October, 2008.
PASSED AND ADOPTED on second reading this 6th day of November, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
Approved as to Form and Legal Sufficiency:
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MiamiHerald.com 1 THE MIAMI HERAlD
lOA I FRIOAY.OCTOBER24,2008
A1
~ NOTICE OFH~: ~:N1NG AGENCY
... ,.... ,.... AND N011CE OF AMENOMENT OF COMPRBIENSIVE PLAN
Public Notice is hereby given that the Avenlura City Commission,
sitting as the City of Aventura Local Planning Agency wi" meet in
a public hearing on Thursday. No-oor 6, 2006 at 6:00 p.m. to
review and recommend adopfion of the following Ordinance to the
City Commission:
AN ORDINANCE OF llIE CITY OF
AVENTURA, FlORIDA, AMENDING llIE
CITY OF AYENTURA COMPREHENSIVE
PLAN BY AMENDING POLICY 4.19
OF OBJECTIVE 4 OF llIE CAPITAL
IMPROVEMENTS ELEMENT TO
ADOPT BY REFERENCE THE CITY OF
AYENTURA 2008109-2012/13 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABIUlY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE
PLAN: AND PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following the L.ocaI Planning Agency meeting, the Ctly
Commission of the City of Aventura, as the governing body, will
consider on first reading at a public hearing the Amendment to the
Comprehensive Plan by ordinance described above and will again
consider the above described ordinance for adoption after second
reading on Tuesday. January 13, 2009 at 6:00 p.m.
The above described Public Hearings will all be held in the City
Commission Chamber at City of Aventura Government Center. 19200
West Country Club Drive, Aventura, Florida, 33180. The proposed
Ordinances may be inspected by the public at the Office of the City
CIeIf< at the above address. Interested parties may appear at the Public
Hearings and be heard with respect to the proposed Ordinance.
In accordance with the Americans with Disabiltlies Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (305) 466-8901 , not later than two business
days prior to such proceedings.
If aperson decides to appeal any decision made by the City Commission
with respect to any mailer considemd at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose.
may need to ensure that a vertlafim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based.
+
SOUtH MOTORS INflNm · U5-1 & SW 169th ST. · 888 661-6028 ~ ~.1r i
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THE MIAMI HERAlD I MiarniHE'rOlld,com
Al
FRIDAY. OCTOBER 24, 2008 I 1SA
O CITY OF AVENTURA
.. :'. NOnCE OF HEARING OF LOCAL PLANNING
, , .... ... AGENCY AND NOncE OF AMENDMENT OF THE
ClTY'S LAND DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City Commission,
sitting as the City of Aventura Local Planning Agency will meet in a
public hearing on Thursday, Nove.-r 8, 2llO8 a16:OO p.m. to review
and recommend adoption of the following Ordinance to the Crty
Commission:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIOA, AMENDING
SECTION 31-239 OF THE ClTY'S LAND
DEVELOPMENTREGULATIONSENTlTLED
"COMPUANCE WITH COMPREHENSIVE
PLAN" TO ADD LEVEL OF SERVICE
STANDARDS FOR EDUCATION AS
SECTION 31-239 (t)(81; PROVIDING
FOR SEVERABIlITY; PROVIDING FOR
INClUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Immediately foHowing the Local Planning Agency meeting, the City
Commission of the City of Aventura. asthe governing body. will consider at a
public hearing, as first reading. adoption of the above described Ordinance
and will again consider the above described Ordinance for adopbon after
second reading on Tuesday, January 13, 2009 at 6:00 p.m.
The above described Public Hearings will all be held in the City
Commission Chamber at Crty of Aventura Govemment Center, 19200
West Country Club Drive, Aventura, Florida, 33180. The proposed
Ordinance may be inspected by the publiC at the Office of the City
Clerk, 19200 West Country Club Drive. Aventura, Florida Interested
parties may appear at the Public Hearings and be heard wrth respect
to the proposed Ordinance.
In accOfdanr-e with the Americans wrth Disabilrties Act of 1990, all
persons who are disabied and who need special accommodations 10
participate in this proceeding because of that disability should contact
the Office of the City Cieri<, j305j466-8901, not later than two business
days pnor to such proceedings
Look for your copy
in this weekend's newspaper
U$5000
IN SAVINGS! I
I
!fa person decides to appeal any decislon made by the CityCOn1'iliSsioil, I
as Local Planning Agency or as the gm.erning body, with respect to any I
matter considered al a mee-tinq ur ~1c<lring, Ulat pcr~on .vill [,ced a record
II
i
I
Of the proceedings and. for such PUI'PXC, rt13Y need to ensure thill <'l
verbatim fe..-:OrO of the proceedings is made, '.oVillch record includes th~
testimony and eVldence upon which the appeal is to be based.
Tf;leS;-j fv1. S()(okr( tv'lMC, Cily Clerk
EXPO
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,
MIAMI DAIL V 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
SOOKIE WILLIAMS, who on oath says that he or she is the
V.P. COURT RELATIONS, Legal Notices of the Miami Daily Business
Review Uk/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 Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCES
in the XXXX Court,
was published in said newspaper in the issues of
1 0/09/2008
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
~ thl' ad'ertl"m,"' foe p"~I",tfoo 10 the "Id
news r.
~ ;~ 1)' -J ~)~--~
Sworn to and subscribed before me this
09 day of OCTOBER
,A.D. 2008
C' ~~ J?L
(SEAL)
SOOKIE WilLIAMS personally known to me
~/"I"h''''''''''"''''''.,.j'''''''/''lc'-''''''~E''v.j,~'''-.I!
~ 49-'1:." '~'(I,J' Put';i\c State of Honda
~"'tJ'~ (.(. H 'fk~llTnef, '~
'I' ...~:!S _. '-,1\.-' r~omrPjS~~O~'" DI),193490
'~~ c":"~'_'" }:; h' J ~ ' "~ '~'-< r"'" , , ,.
~ ~"r .:,~, \-":~," ,;.~.~(.rdres 071 . 81 ...~U 1 2
o~ 'f", ',_ ,
.",/'V'''-"A.i,r', ",.,/,\,A,.t","""I'o""",^~""'"
~~~
, "TV OF AVENTURA
cpU8UCNOTICE0F~NCES
.NOTICE IS HEREBY GIVEN that on Thursday, the 6th day of November,
2008, at a meeting of the City Commission of the City ot Aventura to be
held al 6:00 p.m. in the Commission Chamber of the Aventura
Govemment Center, 19200 West Country Club Drive, Aventura, Florida,
the City Commission will consider the adOption.. ,of the following
Ordinances on second reading, entitled:
'AN ORDINANCE OF THE CITY' OF AVENTURA, FLORIDA,
CREAllNG DIVISION 5 "ARTS AND CUI. TURAL CENTER ADVISORY
BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
1'''ADMINISTRA11ON'' OF THE CITY CODE BY CREATING$ECTION
2~191 "CREATION, COMPOSITION AND QUALIFlCA11ONS," SEe-
1101'4 2-192"APPOIN1MENT OF 80ARD MEMBERS PROCESS",
SECTION 2-.193'"ADVISORY CAPACITY ", SECTION 2-194 "RULES
OF'PROCEDURE; QUORUM", SECTION 2-"95 "MlSSlQN; JURISDIC-
TION AND DUTIES"; AND SEcTION .2-196 "S1'ANDARDS OF
CONDuCT FOR MEMBERS"; PROVIDING FoR SEVERABILITY;
PROVIDING' FOR INCLUSION INaJDE; PROVIDING FOR
EFFEC11VE DATE. .
AN ORDINANCE OF THE CITY OF, AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION" ARTICLE III "ADytSORY BOARDS", DIVISION 2
"COMMUNITY SERVICES ADVISORY BOARD" AT PARAGRAPH (C)
OF 'SECTION ,2-121 TO PROVIDE THAT MEMBERS HAVING TWO OR
MORE UNEXcuSED ABSENCES INA~ALENDAR YEAR MAY BE
SUBJECT' TO REMOVAL; AND' AMENDING SECTION.. 2-125
"JURISDICTioN" TO REVISE THEJURl.SDJCTION OF,THE BOARD;
PROVlDlNG'FOA SEVERA8ILlTYjPRC)VIDING FOR INCLUSION IN
CODE; pROVIDING FOR EFFECTIVE DATE.
The proposed Ordinances may~~ by the public at the Office of
the City Clerk, 19200 West country Club Drive, Aventura, Florida.
Interested parties may appear at t,he P\Jblic Hearing and be heard wtIh
. respect to the proposedOrdlNlJlC8$.,Any person wishing to address the
City Commission on any item'~t 1his PUblic Hearing. may do so afterthe
,Mayor opens the public hearing." .
In accordance with the' ArnedC8JJ8' with' Disabilities Act. of 1990, all
persons who are disabled an~who need special accommodations to
participate in this.proceedinglleCause of that diSjWUity should contact
the OffiCe of ttle City Clerk, 305-466-8901, not later than two business
days prior to sudlPf0Cgedings. .
If a person decides to appeal any decisIon made by ttle City Commission
with respect to any matter considered at a meeting or hearing, that
person will need a ~ of the procaedirlgs and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, Which
record inCludes the tes1imoOy and evldence upon Which the app$8Iis to
be based. -
Teresa M. Soroka, MMe City Clerk
. 08-4-12811100290M
1019