01-13-2009
City Commission
Susan Gottlieb, Mayor
A~ City of
~ventura
City MlUUlger
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
T eri Holzberg
Billy Joel
Michael Stem
Luz Urbaez Weinberg
CityOerlc
Teresa M. Soroka, MMC
City Atto.mcv
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
JANUARY 13, 2009 6 PM
Government Center
19200 West Country Club Drive
Aventum, 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:
November 6, 2008 Commission Meeting
November 12,2008 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, GRANTING LIMITED WAIVER
FROM PROmBITION ON TRANSACTING BUSINESS WITH
THE CITY, AS AUTHORIZED BY THE MIAMI-DADE COUNTY
ETmCS CODE, IN ORDER TO ENABLE THE CITY TO
ARRANGE FOR THE PRODUCTION, PUBLICATION, AND
DISTRIBUTION OF MULTIPLE COPIES OF THE CITY GUIDE
FROM STERN BLOOM MEDIA INC.; PROVIDING FOR
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, PROVIDING FOR THE
REAPPOINTMENT BY THE COMMISSION OF A MEMBER TO
THE BOARD OF TRUSTEES OF THE POLICE OFFICERS'
RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE
DATE.
JANUARY 13,2009
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE A
RELEASE OF RESTRICTIVE COVENANTS AND A RELEASE
OF UNITY OF TITLE IN THE FORM ATTACHED TO TmS
RESOLUTION CONCERNING PROPERTY KNOWN AS
"BAGEL COVE PLAZA" AT 18955-19001 BISCAYNE
BOULEVARD, CITY OF A VENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA SUPPORTING AMENDMENTS TO
THE FLORIDA STATUTES TO INCREASE MORTGAGE
HOLDERS' RESPONSIBILITY FOR DELINQUENT
CONDOMINIUM, CO-OPERATIVE AND HOMEOWNER
ASSOCIATIONS FEES, REGULAR ASSESSMENTS AND
SPECIAL ASSESSMENTS ON UNITS IN FORECLOSURE AND
ON FORECLOSED UNITS; AND PROVIDING AN EFFECTIVE
DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINED CONTRACT
ATTACHED HERETO BY AND BETWEEN THE CITY OF
A VENTURA AND THE DADE COUNTY POLICE
BENEVOLENT ASSOCIATION, wmCH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER
AND THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
G. MOTION TO RATIFY THE CITY MANAGER'S
APPOINTMENT OF RAQUEL ROTHMAN, ESQ. AS SPECIAL
MASTER FOR THE CITY OF A VENTURA CODE
ENFORCEMENT PROCESS.
H. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$20,000 TO PURCHASE RIFLES AND RACKS FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
2
JANUARY 13,2009
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL TmNGS NECESSARY TO CARRY
OUT THE AIMS OF TmS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN
THE SOUTH TOWER AT THE POINT CONDOMINIUM
ASSOCIATION AND THE CITY OF A VENTURA TO HOUSE
POLICE RADIO EQUIPMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF TmS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT
AGREEMENT TO DESIGN AND BUILD TEN CLASSROOMS
ADDITION TO AVENTURA CHARTER SCHOOL BETWEEN
THE CITY OF A VENTURA AND KAUFMAN LYNN, INC.,
GENERAL CONTRACTORS; AUTHORIZING THE CITY
MANAGER TO DO ALL TmNGS NECESSARY TO CARRY
OUT THE AIMS OF TmS RESOLUTION; AND PROVIDING 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. lfyou 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 SECTION 6 "EFFECTIVE DATE" FROM
JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO. 2008-
08 ADOPTED ON APRIL 8, 2008, wmCH ORDINANCE
ESTABLISHED A TRANSPORTATION MITIGATION IMPACT
FEE AND SCHEDULE FOR MITIGATION OF
TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN
3
JANUARY 13,2009
THE CITY OF A VENTURA; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ADOPTING A TEN-YEAR WATER SUPPLY FACILITIES
WORK PLAN AND AMENDING THE CITY OF A VENTURA
COMPREHENSIVE PLAN BY AMENDING THE FUTURE
LAND USE ELEMENT, THE INFRASTRUCTURE ELEMENT,
THE CAPITAL IMPROVEMENTS ELEMENT, THE
INTERGOVERNMENTAL CO-ORDINATION ELEMENT AND
THE CONSERVATION & COASTAL MANAGEMENT
ELEMENT OF THE CITY OF A VENTURA COMPREHENSIVE
PLAN TO IMPLEMENT THE CITY OF A VENTURA TEN-YEAR
WATER SUPPLY FACIILTIES WORK PLAN REQUIRED
PURSUANT TO CHAPTER 163, PART II, FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READINGIPUBLIC HEARING:
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
CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR
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 200712008 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
4
JANUARY 13,2009
IN EXIllBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF TmS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP JANUARY 22, 2009 9 A.M. EX. CONF. ROOM
COMMISSION MEETING FEBRUARY 3, 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 of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventum, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
5
A~
!t,
MINUTES
CITY COMMISSION MEETING
NOVEMBER 6, 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 6:09 p.m.
immediately following the LPA meeting by Mayor Susan Gottlieb. 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.
2. PLEDGE OF ALLEGIANCE - Led during LPA.
Mayor Gottlieb spoke about the Presidential election and asked for a moment of prayer
for national unity.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Holzberg, seconded by Commissioner Auerbach, passed unanimously
and the following action was taken:
A. The following minutes were approved:
October 7,2008 Commission Meeting
October 21, 2008 Workshop Meeting
B. Resolution No. 2008-43 was adopted as follows:
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.
C. The following motion was approved:
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.
D. The following motion was approved:
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. Resolution No. 2008-44 was adopted as follows:
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.
F. Resolution No. 2008-45 was adopted as follows:
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.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
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
2
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, 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.
B. Mr. Wolpin read the following ordinance by title:
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.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, 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.
C. Mr. Wolpin read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Holzberg, 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.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
3
A. Mr. Wolpin read the following ordinance by title:
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 to amend Sec. 2-191 B (ii) to add but shall have resided at their
residence for a continuous period of six months immediately prior to
appointment, and to amend Sec. 2-191 D to delete the provision that the City
Manager shall serve as an ex-officio (non-voting) member of the Board was
offered by Commissioner Auerbach, seconded by Commissioner Weinberg and
unanimously passed. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. A motion for approval, as amended,
was offered by Vice Mayor Joel, seconded by Commissioner Diamond, passed
unanimously by roll call vote and Ordinance No. 2008-17 was enacted.
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 Holzberg and seconded by
Commissioner Stern. A motion to amend the ordinance to delete the provision
that the City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board 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, as
4
amended, passed unanimously by roll call vote and Ordinance No. 2008-18 was
enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:45 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.
5
A~
-
MINUTES
CITY COMMISSION
WORKSHOP MEETING
November 12,2008 - 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
a.m. Present were Commissioners Zev 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.
(Items taken out of order)
3. ACES Classroom Additions Proiect Update (Citv Manaqer): Mr. Soroka provided an
update on the project.
CITY MANAGER SUMMARY: No action necessary.
2. FORECLOSURE CRISIS AND CAP ON MORTGAGE LIABILITY TO CONDOMINIUM
ASSOCIATIONS (Commissioner Diamond): Commissioner Diamond brought this matter for
discussion and possible action. The following individuals addressed the Commission:
Anthony Collici, Continental; Rosa de la Camara, Esq., Becker & Poliakoff; Keith Marshall,
Esq., sole practitioner, Aventura.
CITY MANAGER SUMMARY: Consensus to consider resolution at January meeting urging
the State Legislature to take appropriate action to assist unit owners and condominium
associations involved in foreclosure actions.
1. IVES DAIRY ROAD INTERCHANGE PROJECT (FDOT Representative): Eugene Ochoa,
Jason Change and Katherine Herrera, FDOT representatives, updated the Commission on
this project.
CITY MANAGER SUMMARY: No action necessary.
Commissioner Auerbach updated the Commission on the outcome of the issue of opting out of
the County's fire service which was on the November ballot and the pending lawsuit against the
County by two municipalities. He noted that the Miami Dade County League of Cities is
requesting the City's continued participation and cooperation in this matter to further its position
as agreed to by the City Commission and is requesting an additional $1,000 to be utilized for
legal services. Consensus to approve.
4. 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
10:25 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: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: November 12, 2008
SUBJECT: Resolution Waiving Miami-Dade County Ethics Code Restriction for
Transaction Related to City Guide
January 13, 2008 Commission Meeting Agenda Item 5 B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution (the
"Waiver") which will enable the City to utilize the services of the Aventura Magazine,
now published by Stern Bloom Media, Inc., for the production, publication and
distribution of the City Guide.
BACKGROUND
Historically, and pursuant to earlier waivers, the City has used the Aventura Magazine
for publication of the City's annual report of its operations and for purchase of copies of
the City Guide. The proposed transaction will enable the production, publication, and
distribution of two publications of the City Guide annually, including an opportunity for
the City to insert articles for important City government communications.
This Waiver is necessitated by the restriction which the Miami-Dade County Ethics
Code places upon any entity owned by a City Commissioner which contracts to provide
certain services to the city for which the Commissioner serves as a member of the
governing body. However, Paragraph 6 of Section 2-11.1 (c) of the County Ethics Code
specifically authorizes the City Commission to grant a waiver of that restriction under
the circumstances set forth in the Resolution.
For several years the City has utilized the Aventura Magazine for purposes of
publishing the City's annual report, and has more recently purchased multiple copies of
the City Guide published by Aventura Magazine. Stern Bloom Media, Inc., as the
publisher of the City Guide, may be viewed as a unique, sole source of supply for the
City Guide publication which is made within the City. The City Guide is widely
circulated and is readily available to all citizens, businesses and visitors of the City. The
Memo to City Commission
Page 2
proposed enhanced addition of the City Guide that will be printed twice a year will serve
to assure that the public is well informed concerning business, educational and
entertainment opportunities available to or concerning the City, and will facilitate City
communications on important governmental matters.
Pursuant to the County Ethics Code, the City Commission may authorize a waiver of
the prohibitions of Section 2-11.1 (c) of the County Ethics Code upon finding that the
waiver standards set forth in subparagraphs (3) and (5) of paragraph (6) are met.
The City Attorney's office has determined that this transaction, like the earlier
transactions with the Aventura Magazine, qualifies as a sole source exemption in
accordance with the state law exemptions from prohibited transactions, as provided by
Section 112.313(12)(e), Florida Statutes. That statute requires filing of a written
disclosure form (see Part B of Form 4A) in order to assert the exemption, but does not
require a grant of an exemption by the City Commission.
Accordingly, if the City Commission finds that the waiver standards of the County Ethics
Code are met, and grants the Waiver pursuant to this Resolution, the City Manager
may authorize the purchase of services and utilize Stern Bloom Media, Inc., for the
production, publication and distribution of the City Guide.
It should be noted that Commissioner Michael Stern will not participate in this item and
will absent himself from the Commission Chambers during the discussion, since he is
an owner of Stern Bloom Media, Inc.
Please contact the City Attorney if there are any questions on the above.
EMS/act
Attachment
CC01636-08
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, GRANTING LIMITED
WAIVER FROM PROHIBITION ON TRANSACTING
BUSINESS WITH THE CITY, AS AUTHORIZED BY THE
MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO
ENABLE THE CITY TO ARRANGE FOR THE
PRODUCTION, PUBLICATION, AND DISTRIBUTION OF
MULTIPLE COPIES OF THE CITY GUIDE FROM STERN
BLOOM MEDIA INC.; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, for many years the City of A ventura has utilized the A ventura Magazine,
now published by Stem Bloom Media, Inc., (the "Magazine") for the purpose of publishing the
annual report of the City and in recent years has purchased copies of the special City Guide
publication which features businesses and events serving the City (the "City Guide") as
published by the Magazine; and
WHEREAS, the City Guide of the Magazine is unique in that it is published within the
City of A ventura, widely distributed, and readily available to all citizens of the City, so that the
citizens may be fully informed on matters of business, education and entertainment opportunities
concerning the City; and
WHEREAS, the Magazine will soon publish an enhanced City Guide to be widely used
by residents, tourists, visitors, and businesses in the City, which will contain a special portion
within which the City government may insert information which is of direct importance to the
City's relationship with its citizens, businesses, and visitors; and
WHEREAS, the City Manager desires to enter into a purchase transaction with Stem
Bloom Media, Inc., that will provide for the Magazine to produce, publish and distribute the
enhanced City Guide, as soon as it is available; and
WHEREAS, the transaction with Stem Bloom Media Inc., qualifies as a sole source
purchase under the transaction exemption provided by the State Ethics Code at Section
112.313(12)(e), Florida Statutes; and
WHEREAS, the necessity of the consideration of a waiver under Section 2-11.1 (c) of the
County Ethics Code is created by the circumstance that one of the primary owners of Stem
Bloom Media, Inc., (Commissioner Michael Stem) was elected to the City Commission of the
City of Aventura in March 2005; and
WHEREAS, the City Commission finds that it is appropriate to grant a waiver (the
"Waiver") of the restrictions of Section 2-11.1(c) of the Miami-Dade County Ethics Code as
authorized by subparagraphs (3) and (5) of paragraph (6), and specifically finds that:
Resolution No. 2009
Page 2
a. The City Guide production, publication and distribution services to
be involved in the proposed City Guide purchase transaction are
unique and the City cannot avail itself of such services without
entering into a transaction which would violate subsection( c) of
Section 2-11.1 but for a waiver of its requirements, and
b. That the proposed transaction will be in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above stated recitals is hereby confirmed and
adopted, including the specific findings set forth therein.
Section 2. Prohibition Upon Transaction is Waived.
That the specific transaction by which the City Manager shall be authorized to provide
for the production, publication and distribution of multiple copies of the enhanced City Guide
from Stem Bloom Media, Inc., is hereby authorized, and a waiver of Section 2-11.1 (c) of the
County Code is hereby made and granted upon the basis described above.
Section 3. Implementation. That the City Manager is hereby authorized to take
any necessary action to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof upon the favorable vote of two-thirds of the members of the City
Commission.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stem
CommissionerLuz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
2
Resolution No. 2009
Page 3
PASSED AND ADOPTED this 13th day of January, 2009.
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
M~~.
City Attorney
Susan Gottlieb, Mayor
"
-'
AGENDA ITEM 5-C
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
REAPPOINTMENT BY THE COMMISSION OF A MEMBER
TO THE BOARD OF TRUSTEES OF THE POLICE
OFFICERS' RETIREMENT PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement
Plan; and
WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, the
fifth member of the Board shall be chosen by a majority of the other four Trustees and
such person's name shall be submitted to the City Commission for appointment; and
WHEREAS, the City Commission wishes to provide for the reappointment of the
fifth member to the Police Officers' Retirement Plan Board of Trustees due to the
expiration of her current term, as recommended by the other four Trustees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby reappoints Christine Hagan to serve
as the fifth member of the Board of Trustees of the City of Aventura Police Officers'
Retirement Plan, for a two-year term from the date of adoption of this resolution.
Section 2. 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. 2009-_
Page 2
PASSED AND ADOPTED this 13th day of January, 2009.
SUSAN GOTTLIEB, MA VOR
A TIEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LFGAL S~,.PfC\E:.IENCY:
Hh~
CITY A TIORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICM
City Manager -/
Joanne Carr, AICP r\ / n
Community Development DirectWC
BY:
DATE:
December 10, 2008
SUBJECT:
Request for Release of 1986 & 1991 Restrictive Covenants and 1978
Unity of Title on property known as "Bagel Cove Plaza" at 18955-19001'"
Biscayne Boulevard, City of Aventura (01-MRC-09)
January 13, 2009 City Commission Meeting Agenda Item S... b
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution to authorize
the City Manager to execute a Release of Restrictive Covenants and Release of Unity
of Title for property at 18955-19001 Biscayne Boulevard, City of Aventura.
THE REQUEST
The applicant, GWP Aventura Land, LLC, is requesting release of Restrictive
Covenants recorded in 1986 and 1991 and release of a Unity of Title recorded on title in
1978 to clear title to its property known as "Bagel Cove" Plaza on the east side of
Biscayne Boulevard south of NE 191 Street. (See Exhibit #1 for Letter of Intent and
copies of covenants and unity of title)
BACKGROUND
OWNER OF PROPERTY
GWP Aventura Land, LLC
APPLICANT
GWP Aventura Land, LLC
ADDRESS OF PROPERTY
18955-19001 Biscayne Boulevard
(See Exhibit #2 for Location Map)
The applicant has recently purchased the Bagel Cove plaza on the east side of
Biscayne Boulevard south of NE 191 Street. During its title investigation, it has found
two Restrictive Covenants recorded on title; one dated 1986 and the other dated 1991.
It has also found a Unity of Title recorded in 1978. These covenants and unity of title
relate to approval of site development plans by Miami-Dade County prior to
incorporation of the City of Aventura. After incorporation of our City, the City
Commission passed Resolution No. 98-41 approving a property cure for eminent
domain proceedings for the widening of Biscayne Boulevard. That resolution approved
an amended site plan and provided that all previously approved site plans were
superceded. Resolution No. 98-41 is attached as Exhibit #3.
In order to clear title, the applicant has requested that these covenants and unity of title
affecting 1978, 1986 and 1991 site plans that have been superceded by Resolution No.
98-41 be released. These documents were required as a site development condition
by Miami-Dade County. The lands are now under the jurisdiction of the City of
Aventura and any release must be signed by the City. The City's site plan approval will
remain in effect.
2
r::::NVr=J
OPlO'UP_1LLC
Joanne Carr, AICP
Community Development Director
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
November 10, 2008
~O,!I.!\ jl\\\l\{ OE'~HOPlV\EN1
'vI.. \~II~\', \~
Re: Cove of Biscayne Shopping Center
18955-19001 Biscayne Blvd.,
City of A ventura, Florida
Dear Ms. Carr:
Pursuant to our meeting in your office on October 10th, 2008 and your letter dated September 26, 2008, concerning
the above mentioned property, GWP Aventura Land, LLC respectfully requests that you schedule a January,
2009 hearing in order to effectuate the Releases (see Exhibit "A" attached hereto) of the items described as follows:
. Declarations of Restrictive Covenants recorded in Official record Book 13031 at Page 1211 and in
Official record Book 15059 at page 129 respectively, of the Public records of Miami-Dade County,
Florida (see attached Exhibit "B").
Said Release is requested pursuant to the authority ofthe City of Aventura Resolution No. 98-41 (see attached
Exhibit "C ");
. Unity of Title recorded in Official Record Book 10212 at page 1660 ofthe Public Records of Miami.
Dade County, Florida (see attached Exhibit "D).
Said Release is justified for the reason, among others, that the produce market previously located on the property
has been demolished and removed from the premises (see demolition permit #1991089448) which by operation of
Section 2 of said Unity of Title authorizes the release of the Unity.
As we discussed, since there is no expectation of any objection to these Releases, kindly set these matters down as
uncontested on the agenda.
Enclosed herein please find check # 1093 in the amount of $2,500 to the City of Aventura as requested.
Please advise as to the date and time these matters will be heard. Thank you for your cooperation.
f~uy,
.l>(,J {.;{/{,.y~
Adam Pollock
For GWP Aventura Land, LLC
EXHIBIT #1
01-MRC-09
cc: Linda Pappas
James Pappas
Marc Shuster, Esquire
=
...".
...".
0-,
...c
'-0
=
u-;;
=
0"":>
i><
~
=
=
...".
0::
'-0
'-0
~
Lr.l
=
0"":>
..,
=
o
-=
>=>-.
..,
~
=
=
......
0"":>
0"":>
'll
':"5l
....
o
~
~
....
;:I
.....
=
..,
~
=
......
Lr.l
..,
.....
.::;
en
oS
S
..,
~
::0
Eo-<
0-,
C'l
~
Z
......
Lr.l
=
=
......
DECLARAno.,..'OF RESTRICTIVE COVENANTS BU-IU t. Om~l
!N liEU OF UN!'I"l OF nTU a
\)~"n' 1\"''''1'' L " , hm:~L:~~,~~~~ ~mjZ) ..
,
m.1kes. de~lares and imposes on tbe land herein described, the easements and covenants
running vith the title to the land, yhich shail be binding on the ~er. the heirs,
successors and assigns, personal represer.tat.ives, mortgagees, leasees, and against
all persons claiming by, through or under them;
~S. owner holds the fee siaple title to the land in Dade County, Florida,
described i.n Exhibit "An attached 'tereto and made a part hereof, herei:lafter called
"The Property";
busIness use
WHEREAS, Owner intends to develop said property for ~ffice use
Industria' use
WHEREAS, OIrner intends to develop the bui Idings on the !he Property in a condo-
m1ni~ fD~t of ownership and/or in !:Yo or more phases, and
WHEREAS, OWner lIUly wish to convey portions of 'The Property from time to time,
and 1IUl1 wish to offer units as condominiums, this instrument is executed in order to
8ssure that the pha~cd development of The Prope.:-ey ...--ith fu~re ~..":'1crehip') ~!ll n('lt
violate the Zoning Code of Metropolitan Dade County.
WOW ~ORt, in consideration of the premises, Owner hereby agrees as folloys:
1. The Property ~11 t'e developed in substantial conformity with the site plan
:-, . \' ~
entit:led, l\',e~ Q~L(t l\u,\c '\-of" r;::; u(~ -::.-~,
. .J '. \ 1
prepared by :'(:-r-o..\-.-,,-c,,", i\., C-fV-i>\~~
r~ -\\... _ d8Y of .:Jv"'-c \ q ~b
. !J..-0:'.':"'v * ,oe ~
}
. dated the
No ~odification shall
be effected in said site plan vithout the ~itten consent of the then ovner(s) of
i:D
d>
<..">
~
-1)
N
cJ1
~
~
~,
o
co
en
::0
w
N
CD
(ft
"""
N
=..
the phtl. or portion of the property for which modifica~ion is so~ght, and the
"
Jf!ec~or of tbe Bui~ding a~d Zoning Department; provided~~he Director 1inds that
"'k1kt..:il.,r<<\o' ~\..<\\'".; ...-\\.\..\A \-,~ ....".5t><\-\cc\t4<.\...i'~\.~....t4~i ,..~t\"\,, o.C(~'C\"~(( w,\\-\\.. c.,l.t'\ (\Ie.\-T<.~
the modification coufoT1llll with the standards estabUshed in Sec. 257 Code of ~letro- "E'jI"
politln Dede County, and provided further, that should the Director ~thhold such
I pprov. 1 , the th~D owner(a) of the phase or portion of the property, for which modi-
ficet10n is sought, shall be permitted to seek such modification by application to
undify the pl,o or eonvenant at: public hearing before the Zurdng Appeals Board or
30ard of County Commissioners of Metropolitan Dede County, Florida (yhiehever by Lsy
Ulll jurisdiction O'IU such IIUl tter).
2. If the property is developed in phases, each phase will be developed in
Jubet.nti.l accordaDce with the site plan.
Prepatt;d :ly:
;-, . -')
~T'\(,... Ie. j'v."
I"t .'lX., J29'-J
~OV\"I fL ~3lill\
cc:c: .b 8-8-85
00
,1 ~
q/~6
S ,'nr (J14,....)
.
-----~_..----------_._------------- .
3:
~~: 13031"1212
Tn t~e event of multiple mmership subsequent to said site 91:m ,?orov:ll,
each of the subsequent oYners, mortg3gees and Dt~er parties in interest shall be
bound by the terms, provisions and conditions or this instrument. Owner further
agrees that it will not c~nvey portions of The Property to such other parties un-
less and until the Owner and such other part). or partie' shall have executed and
llIUtually delivered in recordable form, an instrument to be known :IS .:n "E:lSelllent
and Operating Agreement" ..,hieh shall contain, among other things:
(i)
eesemeats i~ the eemm8~ eree ~ eeeh pereel fey i~gre3~ to end
~QE8 frow gt~er ~ereelsl~J
eeeeBeBts ifl t~e eemae~ aTes eE eeeR ~erGel far t~e pas&age ~
peridBg af \'ekiele8~\
6a'Q~pt& i~ tA8 ~Q~QR area af seGR parGel fer tRe p8ssage 8Rd
aGGemmQgetieD af pe6estri8Bs;~
eeGemeBte fer e'G8eS r~~e eeress tRS GemmeR aree ef eaeR ~erGel
886 pri,ete roa~"a~s~
easements for the installation, use, operation, maintenance,re-
pair, replace~ent, relocation and removal of utility facilities
in appropriate areas in each such parcel;
(ii)
(iii)
(i v)
(v)
(vi)
easements on each such parcel for construction of buildings and
uroprov~nt5 in f~vor of each such other parcel;
(vii)
easements upon each sueh parcel in favor of each adjoining
parcel for the installation, use, maintenance, repair, replace-
ment and removal of common construction improvement8 5~ct as
footings, supports and foundations;
(viii )
easements on each parcel for attachment of building;
(ix)
easements on each such parcel for building overhangs, other over-
hangs and projections encroaching upon such parcel from adjoining
parcel such as, by the way of ~x3111ple, marquees, canopies, lighrs,
lighting devices, awnings, wing walls and the like;
(x)
appropriate reservation of rights to grant easements to utility
companies;
(xi)
appropriate reservation of rights to dedicate road rights-of-way
and curb cuts; r-JLlP
easements in favor of each such parcel for ~al~'\:d3~vehicu-
ler trafiie over dedicated private ring roeds and access roads;
and
(xU)
(xiii)
appropriate agreements between the owners of the several parcels
as to the obligation to maintain and repair all private roadways,
The easement provisions or portions chereof, may be waived by the Director of
the Building and Zoning Department, if they are not applicable to the subject
.ppl~_cation. When executed, the Ease.men. ?t:d C,_ erating Agreement shall not be
amended without the prior ~itten approval of the Office of the County Attorney of
Dade County. Such EaSelllent and Opera tin" Agreement may contain such other provi-
sion8 with respect to the operation, maintenance and development of The Property
8a to which the parties thereto may agree, all to the end that although the proper-
ty may ~8ve several owners, it will be constructed, conveyed, ~intained and oper-
Ited 1n accordance ",ith the approved sfte plan.
(2)
-
-
~
-..- --.----.---~ ---------------
.
~[: 13031 r& 1213
4. TI\e provisions of this instrument shall become effective upon their recor-
dation in' the public records of Dade County, Florida, and shall continue in effect
for a period of thirty (30) years after the date of such recordation, after which
time they shall be ~~tended automatically for successive periods of ten (10) years
each. unless released in vriting by the then oYners and the Director of the Building
and Zoning Department, actin~ f~r and on behalf of Oade County, Florida, upon the
demonstration and affi~tive finding that the same is no longer necessary to pre-
serve and protect the property for the purposes herein intended.
5. The provisions of this instrument may be amended. added to, derogated,
deleted. modified. or changed from time to time as provided herein.
Should this Declarat~on of Restrictive Covenants be so modified, amended,
or ~eleased. the Director of Metropolitan Dade County Building and Zoning Depart-
ment. or his successor. shall forthwith execute a written instrument effectuating
and acknowledging such modification, amendment or release.
6. Enforcemnet shall be by action at law or in equity against any parties
or persons violating or attempting to Violate any covenants. either to restrain
violation or to recover damages. The prevailing party in the action or suit shall
be entitled to recover. in addition to costs and disbursements allowed by law.
such sum as the Court may adjudge to be reasonable for the services of his attorney.
7. Inva~idation of any of these convenants by judgement or Court in no wise
shall affect any of the other previsions, which shail rem2in in iull force and
effect.
Signed, sealed. executed and acknowledged o~ this
.~4E- ~ hell 19...a.k-.
Jo-l~
day of
NCIBN TO AND SUBSCRIBED before me
My Commission Expires:
-
,,~'.,~> r!!'~'. ....; ~f f~:'.rtl
" . .,.- . r _ "" ~ : ~:..::
1 - 'f' I .". .-;~,~ i,l. !..... . .,~'.
C)
~~
\:. ,
.
;
~l~'~ ~ C.hltln L'I,J ;=4PC~ j
" IG.I~ Ii
2' XJIt t3 I T :'1
.___3ot/1A L.i~ 01' NJ:j/4!_N W ;4.J sw ~
~,
....,
~{r: 13031 ~ 1214
SK.ETCH
OF SURVEY
oF"
\..EGAL (lE~~l~
Ihat portion of t~e HE 1/4 of the Nil 1/4 of the SW 1/4, Section 3, Township 52
South. Range 42 East, Dade (ounty, Florida, described as follows:
Conmnce at the West 1/4 of said S('CtiOIl 3; thence 1I0rth 86.-32'-30" East, 195.49
feet along the North line of said SW 1/4 of Section 3 to a point on the Easterly
right-Qf-way l;ne of Road No.4 (U.S. Highway 1) as per Florida's State Road
Department right-of-way plans recorded in Book ~4 at page 53 of the Public Records
of Dade County; thence South 3.-08'-01" East, 209.91 feet along said Easterly
right-ot-way'line to the POINT Of BEGINNING; thence North 869-32'-30" East,
2~9.54 teet along a line that is parallel with and 210.00 feet Southerly of said
North line of the SW 1/4 of Section 3, as measured along the East line of the
.E 1/4 of the Nil 1/4 of the SW 1/4 of Section 3; thence North 4.-23'-43"We-s!
1 '.00 feet; thence North 96.-32'-30" East, 7S feet; thence South 4.-23'-42" East,
5 .00 feet; t-hence North 86.-32'-30" East, 75.14 feet to a line that is parallel
WI 'h and perpendicularly distant 100.00 feet Westerly of said East line of the
liE 1/4 of the Nil 114 of the sw 1/4 of Section 3; thence along last said parallel
Iii'" South 4.-23'-42" East, 211.81 feet to a line that is parallel with and
pc' ~ndicularly distant 200.00 feet Northerly of the South 1 int' of said tIE 1/4
of lle NW 1/4 of the SW 1/4 of Section 3; thence along last said parallel line
Soutl' 86.-29'-21" West, 455.22 feet to a point on the Easterly right-of-way line
ot Rnrl No_ 4 (U.S. HiQhway 1); thence North 3.-08'-01" West, 252.20 feet alcn9
said Lasterly ri9ht-of-way line to the POINI Or ii[t;i';hjiiG.
L
I
,
I
I ~-~-"~
I Ch~n!1~'/ ffc
I -_-~_-~'.- .._ __
.- .- - :.~
A POJ2r Ofr
- - SEC. .:;- rl.A~
~AioM'.t" /h.m A1~t,k 7P Cl?Ps/ fr"'4,-Cr J:U; .F r
~
DESCRIPTION BY. V,0DE CDUNTY .~~
t!
t
t
.--
J
"""f'
~
~.
.-.'~
'..~~
"r
-'--- I
R[C"OR-O [ il S NO:. [,',- ,. JI
The.le~ibi!IIY (II yr,;l''';. j)~.;,' ,': !.: :; "" .-..'
factvr) in lh:s ~OC"nlr.I:\ "hen "c,,:J. _
'. . '1~~;:;"(.;-::trul 1trcr>rms Jntt
. :" ".!l -'it;;'~I' I\..(XtrA.
jl~01AlID P. D);:)f'TR
Cl1.!:r. CI;,C~1f (_""I
. ~ '
0')
N
.~
m
~
__....;.;..--...""TWf~ -~..~tI.l...CW'f-""~~.....
,........... ._. ..'...,.-.....~.~....'*'M~
.....~_....-- ...--...-..-..
~~-''''~.''.4J:-
.~ ~ ~--
DICLARATIOIf or USTltIC1'I~ COVIJWITS
III LIIU or OlIff or ~I!LI
1fi
~
.......
.......
""..
6RIi<O-O,a"l ""'PA'tS..,NO VlRfr'.,....~""s H"",,'Rj
~ ~~~o't"""......,.~.s WI'. , ".r.ln.ft.r "Own.r"
Ilet.by ..,.c .re. .nd iJIpO'" on the l.nd her.ln d.lerl~d, ~
the ......nt. .nd cov.nantl runnin9 vith the title ~o the l.nd,
whlch ahall be blndlnll on the Own.r, the helr., .\lcee..otl and Ifl
a..ll1n., perlonal r.pr...ntatLv.e, .ort9.~.e, 1......, and ~
againet .11 parlon. cl.t.lnv by, thrOullh or under t~1 ~
NtlEItEAS, awner hold. the fe. alapl. tHl. to the l.nd in N
Dade County,. Florida, de.crlbed 1n l&hlbit ",." .ttached her.to ~
And ude a part hereof, h.r.ln.ft.r caUed .The Pl'operty", "
WHBREAS....; Ownar lnt.ndl to d.v.lop .aid property fort ~
~ 811.1n..a Ua.
Of Hc. U..
Indllltdal U..
WHEREAS, awner lnt.nd. to dev.lop tll. build1n,. on the Th.
Property ln a condo.lnlW1 fOrNt of own.rahip .nd/or ln two or
~r~ ph...., .nd
WHIREAS, Own.r _y wl." to conv.y pD.-tion. of 'I'M Property
frOll tt.a to tt.l, .nd NY vlah to oU.r IInHa - con~lnltalll,
thla in.t~nt la ealCuted ln order to ...ur. that the p~
davelo;.ant of 'rhe property wlth fllture OWMr.hlp, w111 not
vlolate the lonln9 Code of Metropo11tan Dada county.
NON 'l'HKurou, 1n conall1eratloR of the pr_l.", OlIner
her.by a~rea' aa fo110W81
v
1. Th. property w111 be de_loped in a@ltanUal cORfonity
wlth the Ilt. plan ent.tt1ed, loot .'
prepared by
dated th_ I~ ay 0
IIOdUlcation ahall be .ffect ft..
wr1tt.n con.ent of tile theft ownerl') 01 t_ ,..... oc porU,on of
the propart! far which lIOClUlc.Uon 1. IIOUfht, .... tile D1nctor
of tha Bul din; and lon1"9 Depllruent' pIO\'lded tM D1nctor
Und. that the ~U1c.t10n coftlo~ wit.. thll .tandard'
..tabUlhad in Sac. 257 Code 01 ..uopoUtan Deda COlInt, , and
provlded f.arther. that, ahould the Director wlt!W)lcl .~h
aPl'l:Ov.1, tile th.n owner t a) of the pUN or poctloft of the
pl:Operty, for whlch 1IOdUlcatioft J.a '_lIht, ahlU ..... para1ttacl to
.aek .uah lIOCl1flcaU,on by appl1CUloft to IlOCIUy tM plan or
convenant .t ,..Uc "..rln9 before the 10nl"'1 ApsMHIlI IOard 0.-
Board of County C~l..loft.ra 01 Mtl'Opol1tan Dacte COIInty.
Florida IwhlchlYer by la. ha. 'llrl.dlctlon aver .laCh ..tt.r).
2. If the property 1a developed 1n pha..., each phl.e wJ.ll
be daveloped ln .ub.tantlal .ccordanc. wltft the alte plan.
ceel.r
R.v. 6/14/89
'ritparH Iyl
ST5i'/r:.N.To M~'1
P. O. ao)C. .. 30 50"7
O~SJFL '3'&.3
vtfl'ft J tJl{I~
.-'.
.."
:.t
,
..~
. : ;
'i /Cfl
ruST"..
s. ,W ~ ~,J (......
f
~1-
"g.,j"no.t 'llT~" .....o_....,i..~..,,;.~
.1IAI_Ucio'~=;'::=::' o:::-...=::::~ -::.-.......
"IIU~':::.!'.=--. TllI"'_~ ......... n~.~.
,~..cz~i.P'~~ ~~Im> 4. ...-
. ~ttJL.... T ~~---,
m I :i:S9p; 130
J. In the .vent of Ilultiple olilllerahip ,Ub.equent to uid
.ite pl.n approval, ..ch of the .ub.equent owner., ~rtvaq." and
other p.rti.e in int.r..t .hall be bound by the t.~., provi.ion.
and condition. of thi. in.tru..nt. Own.r further agree. that it
will not convey portione of Th. Property to .uch oth.r parU..
unl... and until the Owner and .uch other party or parti.. .hall
h.v. .xecut.d and lIutually d.liv.r.d In recordable fo~, an
In.tru..nt to b. known a. an "Ea.em.nt .nd Operating AQr....nt .
which ehall contain, .-ong oth.r thinv,'
(ii) ......flU h tk. IlIlMeR .... .f ...k .....1 '.r
ift'.... .. aR~..'.... .... .,~.. ,....11'
(ii) ......fI\. LA \k. II.-eR .... .. ,.Ik .....1 I.. \~.
pa,u9' ull IInkLA' d -,.AJ.Il..,
(ili)
(ilv)
(V)
(vii)
(vii)
(vill)
(ilx)
(x)
(x11)
(xii)
( xiii)
......At. lA tk. ~1l"QA .e.. o. ..IlA .....1 I.. \h.
p....,. 'Rd ,1l1l11_lda,l11ft el .....'~i.n.'
...._aRt. fvr .v~... .cadl IV.... t~. 9;..8R ....
d ..011 p'lrlld lAd ,d"'I!. Ill.....r. ,
.a.ement. for the In.tallation, u.., operation,
maint.nanc., r.palr, replac...nt, relocatlon and
r.moval of utility facllltl.. In approp~lat. ar~'
in .ach .uch parcel,
ea.ement. on each .uch parcel for con.tructlon of
b~ildln9' and i~prov...nt8 In favor of .ach .uch
other parc.ll
....m.nt. upon .ach such parc.l in favor of each
adjoinlnq parc.l for the installation, us.,
maintenanc., repair, replac...nt and r-.oval of
common con.truction UQprov...nt. such a. footing.,
8Upportl and foundations;
.a....nt. on .ach parcel for attac~nt of
buUdinq;
.a....nt. on .ach .uch parc.l for buildinQ
overhang., oth.r overhang. and projection.
encroachlnv upon .uch parcel fr~ adjoininv parc.l
.uch a., by the way of ex..ple, .arqu..., canopi..,
liVht., 11qhtinq device., awning., wlnv wall. and
the lik.;
appropriate t...rvaticn of rivht. to grant
......nt. to utillty compani..;
appropriate r...rv.ticn of rlvht. to dedlcate road
rlqht.-of.way and curb cut.; .
......nt. in f.vor of each .uch parcel for
ped..'rLsA aR4 vehicular traffic oYer dedicated
private rln9 roads and acce.. road., and
appropriate aqr..mente between the own.rs of the
.ev.ral parc.l. al to the obligation to ..lntain
and repaIr all private roadways.
-2.
. -- ,-~_.
_~:~i;:;![~~~~'-~"
--~-'-_' ~:~'::"1~:~:T~; -- n
........,,----_.
... . . ..
-~-- . - ..'~~- .-
.;~~~; 1Wt~-- .........oow..'nu.CiWl..,,..~- .
r ......_......i1fl11__. -- _,1IOi......AhC
~_... -=-'.......'I...~ .............,..0. ..cIOI'I~W'ItIOI
.om.,. ---. -'" - .... -........... "....A ,,-
-~~~. . ."~
......".......-....,
fE~ 19J59pv 131
The ......nt ptovi.ions or portion.' thereof, may be waived
by the Director of the Building and zoninq Department, it they
or. not appl1cab1. to the subj.ct application. When ex.cuted,
the z.....nt and op.rating Agr.ement .hall not be ..ended without
the prior writt.n approval of the Offics of the County Attorney
of Dade county. 'Such Ea..ment and opereUnq Agr.-ent lIley
contain .uch other provisions with relpect to the operatlon,
.alntenance and d.veloplllent of Th. Property .1 to which the
partlel th.reto llI.y aqree, all to the .nd that although the
property ..y have ..ver.l ownsrs, it will bs con.tructed,
eonvey.d, aaintained and operated 1n accordancs with the approved
Ilte plan.
4. Th. provi.ion. of thil in.trument .hal1 becOM8 eff.ctive
upon their r.cordation in the public recordl of Dade County,
Florida, and Ih.ll continue in .ffect for a period of thirty (30)
year. after the d.t. of .uch r.cordatlon, aft.r which tllll. they
Ihall be .xt.nd.d .utolD4tically for .ucce..lve perlod. of ten
(10) year. .ach, unle." r.lea..d in writing by the th.n. o"".r.
and the Dlrector of the Building and Zonlng Departlll8nt, acting
for and on bahalf of Dade county, Plorida, upon the d.-onstration
and aUir:1llative Undin9 that the .Ule 18 no 10nqer n.c....ry to
pr..erve and protect the property for the purpol.S h.r.in
int.nd.d.
S. The provllionl of this inlt:r:ument .ay be alI.nded, added
to, deroQated, d.leted, modified, or changld fr~ tia. to tia. .s
provided herein. Should this Declaration of ~eltrictive
cov.nante be so lIIOClified, uended, or r.leaeed, the Director of
Met.ropolitan Dad. county BuUding and zoning Departllent., or hi.
lucc...or, ahall forth",ith e.ecute a vritten lnstrument
effectuating and ackno",ledging such modification, ~ndl\l8nt or
nl.....
6. IInfore...n' ahall be by action at law or in equity
against. any partiel Jr per.onl violating or atteMPting to violate
any co".nant., .ither to restrain violation or to recov.r
d"'9..' The pravaUinQ party to the action or luit shall be
entitled to recover, in addition to costl and dilburleM8nts
allowed by la"', auc:h .\1Jll u the Court may adjudge to be
r.alonable for ths ..rvic.I of hi8 attorney.
7. Invalidation of any of th..e convenanta by judQ8\IIent or
Court in no ",is. Ihall affect eny of the oth.r provilion., whleh
.hall r.aoin in full force and eff.ct.
f. T"':S 1).c.U!It~lIH .H~LI.. ~..,,..ItSllDr;: "ND M4ICE vo,O TilE FW...,wS
PKl~ItT'CIfIf Rac._OaD ,IV .,."e "~"'CI"&. Rc,oItD. ,...",., '.0*' A46- la".
3
-~~~~:~~~~r~.
."......'<.O!' ..~,~
-~;~~1~
~t '1
~"; ~ 1
~, , .
t IJ
1'j' ,
1'"
~ ~' r l ~. I
-- - ..---.:....,_.::--:::..~-~,.~
--:.:=u.....JftN-~._..~;;.....~
__~ ......--,................. w............... ~....
~_ ' ...;.-:~--= ~~~. n...... ,..
.:-:r:-..:~~: .
. .
~~ t &)59,-; 132
E'lCH,."r "A"
u:r.A1. flF.Sr. R lPTI ON
Thill portion ,,' Ill,. N.I':. 1 of the N.\I. l of the 5.101. L S('clioll
I, Townahi" '>: S""lh, R"n,," 42 Ellat. Dade County, Florid",
U..~r\h.d a" followII;
.
Ca...n~. at lit.. I/~"t I of ,."ld Sec.tlon 1: th..nce NKh.'~'10"E
79'\.49 fel'l "Ion. t.he North line of ..nln S.W. i of Spcl.lnn ., I.n
II polnt in the Ruted, Right-of-Way linn nf Road No. 4 ('1.~.
N1lhwa' 1) .. per Florida', StBte ROlld DepBrtme~t RIQht-ot-Wnv
plau racord..d In !look 34 at I'Ba. 53 of the Public Recorr\~ "r
D.da County; thencp S3"OR'OI"E 209.97 feet Ilona said Easlerl,
Ulht-of-Way line to the POINT Of BEGINNING: thence N86"32' 1(\"~:
lQ9.~' f..t alona a line thllt i8 paralh1 wnh Bnd 210.00 f..",
SOUlh'HI, of I.id North 1I11e of the S.II. i of Section J. ",.
...lIl1rd .Iona th.t".t llnl' of the N.t. 1 of the N.IL 1 of 1 h,.
S.W. t of Section 1; thence 1'14.23'43"1; 10.00 feet; thencf! NIH,.
l2'10"l 75.00 f...t; thence 54"23'43"[ 50.00 feet; thence N~h.
lZ',O"! 75,14 feel to a line thet i~ ,,"rll1el with IInd "pr~cn-
dicul.r" .U"t_n' IOIl.nn fe..' IIe!lt"rl~ of !llIlc! E"'" 1111" "f lt1l'
N.r.. t of Ih.. N..... ! of Lne S..... 1 of Section 3: rh,,,,"" ,t1""R
I"..' ,,"id pI"" 1 1..1 IIn" ~".21'11)"F. 211 .Rl feet to " \IIII' tlo"t
I" ~aTIl,\,,1 "lth .nd \lerpe,"licllllrl, distanT 200.1111 fret Nnrlh-
~rl. of th. ';o..lh lln.. or ,."id N.E. I of the N.W. I nl thl' ~.w.
1 III o;..tltnn \; ,h..nr.. nlnn~ III!ll !lIIi" pornllel \I,.., SR(,"l'J'~I"\o:
4",~.}~ f~e' 10 i' I""'"' ", ,h.. l-:"!'terly Ri8hl-nr-WI'~ l'nr nf
W.,.ri N". 4 (I'.:' III A""'" 1\: ,hnnre N1.0R'OI"1o/ 2<;2",11 t,.... "'''"It
..nlri F.IIlIter Iv Ill""! .ll -"'11' II n.' to the POINT OF llf:I:INNI Nt:.
___:c-_=.--nus--_ V---.,--"-riiI:.=.
~_-=---::=;:=-,.!.I~-==~_--
=:.v:.-.--.. - -- Jji!~J:-
-~~~" .
. .~.-.. ~
~~ 1 :i)S9~' 133
&.renlt"llll ~J!f'\t':lmlft
S19n~! .,.elect, ..ec:lltect .~ rJu\OWlect9ed on thl1 ~ L./-b.
day 01 ---Oft", \ ' 11 .
wt'rlllSSU'
~:~~
STAT! or rLOaIDA)
) 551
COUNTY or DADI )
1, an oU lc:e~ .utl\orLaec1 to take acknovled9Mntl, ac:cordlnq
to the law and cNly qualified and '0 ~t1n9. dO.-A'l'eby certify
that on thla dated Ippeuec1 b41for. - .k::lJ1 ":"~fA' ~
to _ knoWn to be the pinon deacribed In anet who ..ecuted the
fOl'~ln9 lnltlNMnt and hi ecknowlec1ve4 to .. the ..ecutlon
thelWOf to be hl. fr-ee act an4 c&eed foC' the u... .nd pu~po..a
thlnln _ntlo...eh
1M WtTIIISS .....go" 1 ha". her"nto ..t ay
1ti.",1,. Dad. County. 'lo~lda th18 ~~~ day of
19~L-.
Indl \Oldual
"'.... l'I.'llC \UTl tlF nllllllA
~. ,......." \~~ I'" ., n.lm
IIl'GD ,...u GlIllUl. I~. wID.
-_._-::~.~~. ..
'~~~f"
... : ~ w: ,",
.... t.~"4-:
.... '0 .
~ J' :~.
....... :,'
--"~"
_..~~:~.:'
"'- ...
t ... .i.!~'~ ...=
~. <. ~ .!t~
_,_~___......~",__,""",,,,~M.'___
.. o-=.;,.-;;;,.w--~.' --'..""............
-.-.-. ... l......._...--""',.......-
-"" ..----- ...-.......--.......
"':='=--. till ..- -.... ".....J~:......
-JIICIIO'l'!--~' .
. "tnLJ-,/'I" . ~ ....:__
it~ I :iJ59,. 134
AC'mnVLltnrdOUI'I'
S19n~, ..aled, executed and aeknovled9ed on thl. ~
day of ~Y'I\ , 19 ~.
t~~~~
STATE OP FLORIDA)
) 5Sl
COUNTY OF DADE )
I. an officer authorized to take acknovled~nt., eeco~in9
to the lav and duly qualifled and 10 ,'lc~in9. cIi,.~r.by c.nUy
that on title dated appeared ~fore 1M ~'~...~ ~~..
to me known to ~ the penon deecrlbed in end who ..ecuted the
foregolng ine~rWllen~ and he acknowledged to - the e....lltlon
thereof to be hi. free act and deed for the u... end ~.
th.rein m.n~ioned,
IN WITNESS WHBUOr, I have h~re\,lnto ..t .., '1a,!'d and ...1 at
Miami, Dade county, Florida ~hJ.. ~~"" day of ....!'V": \
19 C\ \ .
Individual
,.
. .
-~---- -
-- --------
~,.
.
~,
~
~.
)~~t~!
i_'"
78R:;03S22 u~n0212 ~lfa)
1918 NaY 14 PM 12= 02
e"
UNITY OF TITLE
WHEREAS. the undersigned is the owner of that property
described as That portion of the :LE. 1/11 of the N.W. Jill of the
S.W. 1/4. Seotion ), 'rolmsh1p 52 south. flonr,1l 1,2 Eo~t, Dlide County,
Plorida, described as follows:
Conu~ence fit the Hest 1/11 of s&1d Seotion 3: thence NP,rlo32'30"E
7(),S.1,'1 ft. alonr; tic Horth line oC said S.H. l/h oC Sect.i"'n ) to 8
point in the E~ stel"ly Ri~ht-of-vls:r Hne of Hond No. 4 (U. S. Hl ~h-
way 1) liS per F'lorioa's ~t!lte ROlld DOFortnllmt Ri!~ht-or~\"ny plane
recorder' '1n Booll JII at rage 53 "f the PHbllo !lecot'd~ ot Dado County;
thence S3~OI\',l"R 2n').97 foet. Illon."l !:Illio Ea~torly IUYit-o!'-\vny line;
t.hence NIl60J2'J0"E S;" ft; thenoe g3c0Iil()1"1~ :)0.2 ft,. to POIlIT OF
DE'JJNHIWJ; thenco tl!>:,o32'30"E ')1' ft; tllonce S)OOM'Ol"E 27.') rt;
thence HI',60J2'Jll"E lSO ft; thence ~J.Il~\'\.il"P. It,S ft; t.hence sf\60
2C)12l"H 21l.! ft; tJlence lJ30C'Cl'(l1"~ ')J.7~; Ct; thence ~",;,02')121"'.\'
}3. is ft; thenco :: :1"1.<'., ul"r~ to 1'\));"\' (1)~ l'ErIl'rJ;;I,.
aloo known ae /N.s.7,J' if.uk,J'1f~'a.y Dade County, Florida
This Unity of Title Agreement is expressly conditioned
upon the undersigned or its assigns having the right to enter
into easement agreements for cross parking, cross use of utilities
and such other uses as are necessary and reasonable to allow the
\mdersigned or its assigns to utilize any other property adjoining
the above described parcel that it may own.
In consideration of the i~suance of a permit ~~~
c( (Alh.-J.vorl.~- ?~I~ ~ f .....~~~ 4./...r..:lf.
AND paR OTHER GOOD AND VALUABLE CONSIDERATIONS, the undersigned
hereby agrees to restrict the use ef the subject property in the
fOllowing manner:
1. That said property shall be considered a6 one plot and parcel
of land and that no portion of said plot and parcel of land shall
be sold. transferred, devised or assigned separately, except in
its entirety as one plot or parcel of land.
2. The undersigned further agrees that this condition, restriction
and limitation shall be deemed a covenant running with the land
and shall remain in full force and effect and be binding upon the
undersigned, and its assigns until such time as the same may be
released in writing by the Director of the Dade county Building
and Zoning Department or the executive officer of the BUccessor
of such department or, in the absence of such director or executive
officer, by his assistant in charge of the office in his absence,
provided however, that a release will be executed when the premisee
are made to conform with applicable ~oning regulations or the use
or structure is removed from the premises and there is no further
reason to maintain the Unity of Title on the Public records.
Signed, sealed, executed and acknowledged on this
31 "I
DlIY
of
0<.; 0 GL f<
,1978, at
Tit. 5 INC.,
WITN?SES: '. / _
/~/M~ /).Il~)~
~) J}: Vc 'T/" ~.!~~XM&
1(.
. i
( !.e.../
Ir:....~
~ .~
I.:-....~
, :....:..~\
:5~ \.
:.::. "f"#', .. .....fl:! \,'
";:. if' ,,\, r' ., .. 1..\ ~ ~.
-::-~;'v "'.r '. tt'. ......... '\\'
...::..... r/) ...... . \,\
',,' c! .....
-""lfFlI' ,.
,-'tll: tnttlf~H,"':'" '\..... llrr-pMru bYI
CHCr-.l [It (: ~~,.r.i.I~P~~~1
&JAVI ,',OU',fl 1.J"..\\"'l..I. "I C
[r)"I/,f. UII'....' 1..:...1 f\iOA.
~O;.l ... r. \ -,\ (I. II... ",,~:"'l H.IJ
()~
?roJ~ /
..--
Fi~h M~\
{
~:i_~ I 0212 r~ I ffi I
, '.
STATE OF FLORIDA
COUNTY OF DAD!:.
55
BEFORE ME, the mdersigncd authority, this day appeared Gregory Pappas ,
and James Pappas I bodl tieing, to me well known and
known \0 me 10 be the PresIdent and Secretary 01
Pappas Properties, Inc. ; a Corporation lrlder the J<lWS 01 the State or
FlorIda 1 and whld, said Corporation is known by me to be the
persons described in and which executed the loregoing iostrument, the said olficers o( the
said Corporation being likewise known by me 10 be lhe ollicers thereol who, in their official
capacitIes as soch olfi~rs of said Corporation executed, signed and delivered the s.Jid
instrument as the act and deed o( said Corpor;luon,.anu the said officers of said Corporation
then Wld there severally acknowledged to and before rnc that they executed the said
Instrument, acting in their said official capncities, lor and as the act on<! deed of the said
Corporation and in ils flUme, and impressed thereon its Corporate Seal, lor the uses and
pl.Jrposes therein mentioned, and after being thereunto by the said Corporation duly
aJJthori;:cd and directed.
Miami, Florida
day 01 November
in the County
WITNESS my rond and oHiciaJ Scat at
'and State aforesaid, on this, the 6th
^.D.,19~.
Flor.ldl\:....... '.
I
'~l.I#(,~\1li~ llCfl_exp ir~~, l"
t,.'1 C' _ ,',' I:.... .1'):, I .i ~ _ ,': ; ,: 1 "
(.or II):P 11:;-',\ Vii ;t?.'. ;;,;~ ~:~;v:I',".fl',I.I~'S
rJ
'~"', .
''';
"
,
7' i:,j;'"
::
r.,.
~.
L
L
!'
'''','''''''''''''V.,~:' "..,:'.""," ,', .,'.'
Utt 1~f-2'~Hl32
( ,
Qt) 1/1(111 Ill' '!:!.:!:!1i
I
\
r
l-
I
"
, '
I"
;,
I,
I,
tol
1)f.1l\'! CUIIIlTl' IlI1JJ,lllIW A III I %OlHlIU 1lJ:I'All'nll,:t1T
......
\.H lh the \1I\''''}'"I'.1I1<11111: th0l: I:hl" O"lnl,oll ('I( '/'I l: "" 1 Co [l1rllil:\l(',l to nAill,
COllini' JWJl.lill:\. !\rIll i-:llIlJII(: AlIIl l'IAlllnl,l: IlEJ'^I:11-II:i\'r~, 1'10rl,In, n" ill;I,,<:(,-
PlClll (\)r IH',ct'l'I',1I1CC of ;, 11,',,1;1\';11'1011 (or ll:;t'/lInity of Titl,'!Il,'v(d"llIllf:lIl:
^nn:l:l'l('IlI' c,ov..rJ "I; t)", ,:.,;11 1'T.lIl'c,'LY ""...,,'lIl1r('('1: .h!liCl'lilpd, it I,: 1,,'1'\''')'
~C~l'l [ico 111;1 1 1 It,w,', t'1;:1I1111l(.,1 :, r.(1ll~~ .'LI' ^"" Lr...c t or Ti, t 1 e covel: I,I\I~ Lill'
-.,porlou [1.'001 1'hc b"l:ll/llllll\ III Q,'7 d:,)' of A bLY:,v..5L-, 19~_* J.\ 1971
'.i";, llt ~ :00 ^.tl.. illC)I):;iVC, (If .}h" follln/j"l', t.I",:cdhcd 1',,;11 p""l'erty: .
.. .... .sC~ ()\~A\I u{ 111'~ t-\sl"tfW:r;\
!
..
li
llOfi$11p, lfIY l>pllllOn 011 ""i.o Ah:;trnct, J nm nf the "I>l,lloll thot 011 [he 1.1t.t
lDColjollcu dole the fee d.1,'r1c litle 10 lh\! ~l>0\'" ucr.crihcd l'\!.,l 1','olH:rry
\Ill~ VO~iter.1 in: PA PPnS PRo Of't..R1fl:.::. IlJC.
CEII1:1'.111, j.:n;J:I'TJOIIS
1<
i,
I
I
,
I
i
i
!
Subjecl to the [01JOIJ)llC enc\wlbl'~nccc, Iiene, find nther e>:0('1,\'i"n5;
".~A\"L- C 2
.LJ '... U tv T 'I ..,'~ I,." ,Ii> 1--
")
~
f>1'1:Cl M, CJ:r:ErTl01,S
I
I
I.
I
1.
I
,.
i
~
,....
t~
~'- r0-c
'f1JC'rerOl'e, 11 10 wy opill10n lh~l the' [,,1 lOlling 1':11"')' '<T.lf.t joSn ill the
4ll:rl"'lIu,,,t j" 01.11:" tu ",,11,(' the "I~I'C"II1"'\I ~ v,i1jrJ ;1I"} hindillC ('"v~'Il"lll 011
the J~IIUr. u\!r:cri1.",d hel'ein.
'.,
i
t
I
I
I
I
!ill!!i
INTElllsr
l'1'1;Cl ^" l':~:C:I;l'l'lOlI !'.!~I~
NN~t:
. .
:.> ..",
of Ti t Ie POAe 92
DtU0212 ~1ffi3
I, the undersigned, fur~her certify tlwt ! nm nn Attorney-ot-].o", duly
admitted to I'roctico in tbe Stnte of Flor1dn. nnd n mcml>or in l;ood stond-
ins of rho Plotido ~~r.
Rcapcctf~l1y submitted th1G~day of Ot.. -{ ubpv
A.D.19~.
~dt/(]"'~U7%(,j
/ 1o( \ I AJ. 7:'1 '\ c '-J'llIJ
A()[)RESS
~I .
J lCl ~" ,
RECORDERS NOTE:
The ~i,bl~rv or Wlll,"~. IVUI/1~ 0' ."lnune un..s-
tk10rv In this documenl I.I,to rf"1,;ery.~.
ft~'.~---
'"~ ""I CQlll'n. nou....
" .""lrr"'"lLO
.\li,;U"RD 1'.IlRlNIU:R,
aU ~K CllltUlJ COII~1
.1
BROWARD COUNTY
.................. ,.
DADE COUNTY'.
:.
:.
:.
:.
..
:.
..
:.
:.
:.
;.
..
:.
..
..
:.
:.
:.
:.
:.
IVES DAIRY RD. :.
..
:.
:.
..
:.
:.
i.
..
..
:.
:.
:.
:.
:.
:.
:.
:.
-;!
MIAMI
GARDENS DR.
~
1)
C
201 TER.
ci
>
--l
CD
2
<(
UJ
o
o
AVENTURA ,,\.:.JD
Fire I D
Rescue Aventura
Station Library
Aventura Mall
LEGEND
Roadways
City Boundary
- . -' - ZIP Code Boundary
- -- -- -- - -- - Railroad
EXHIBIT #2
01-MRC-09
RESOLUTION NO. 98-41
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF PROPERTY CURE FOR EMINENT DOMAIN
PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED
IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF
BISCAYNE SHOPPING CENTER"; GRANTING A NON-
USE VARIANCE OF SETBACK REQUIREMENTS TO
WAIVE ELEVEN FEET (11') OF THE REQUIRED TWENTY
FOOT (20') FRONT SETBACK WHERE A NINE FOOT (9')
FRONT SETBACK IS PROPOSED (BISCAYNE
BOULEVARD); GRANTING A NON-USE VARIANCE OF
OPEN SPACE REQUIREMENTS TO WAIVE 1.6% OF THE
REQUIRED 12.6% OPEN SPACE WHERE 11.0% OPEN
SPACE IS PROPOSED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property dl{jcribed herein IS zoned BU-3, Liberal Business
District and IU-1, Industrial, Light Manufacturing District; and
WHEREAS, the applicants Pappas Properties, Inc and the Florida Department
of Transportation (FOOT), through Application Nos 03-SP-98, 07 -SP-98, and 01, -N UV-
98 are requesting Site Plan approval in conjunction with the following non-use
variances as prompted by the FOOT taking of a portion of the subject property knoVv1l
as "Cove of Biscayne Shopping Center"
1) A non-use variance of setback requirements to waive eleven feet (11;) of the
required twenty foot (20') front setback where a nine foot (9') front setback IS
proposed (Biscayne Boulevard), and
EXHIBIT #3
01-MRC-09
Resolution' No. 98-41
Page 2
2) A non-use variance of open space requirements to waive 1.6% of the required
12.6% open space INhere 11.0% open space is proposed.
The site plan WlII supercede all previously approved site Plan~)
WHEREAS, the requests are being made in order to cure Non-conformities
created by FOOT's acquisition of a portion of the subject property; and
WHEREAS, the applicants have agreed upon a cure plan for the property; and
WHEREAS, the Community Development Department recommends approval of
the requests subject to conditions; and
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
"
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
",,,t
.~\.~.
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application Nos. 03-SP-98, 07 -SP'-98, and 01-NUV-98 requesting
Site Plan approval in conjunction with the following non-use variances as prompted by
the FOOT takin'g of a portion of the subject property knovvn as "Cove of Biscayne
Shopping Center:"
lion No.98-41
1) A non-use variance of setback requirements to waiye eleven feet (11') of the
required twenty foot (20') front setback where a nine foot (9') front setback IS
proposed (Biscayne Boulevard); and
2) A non-use variance of open space requirements to waive 1.6% of the required
126% open space where 11.0% open space is proposed.
The site plan will supercede all previously approved site plans on prop~rty legally
......_".~ ..
_....__....~__v___....~ ~-
'described as:
'-""'-~"-",.
SEE ATTACHED EXHIBIT #1
AJKJA
18955 - 19001 BISCA YNE BOULEVARD
..
"COVE OF BISCAYNE SHOPPING CENTER"
AVENTURA, FLORIDA
is hereby granted subject to each of the following conditions:
~{:;;;;.::::.----" .
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
. Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet $-1,
prepared by Charles Putman & Associates, Inc., dated 3-27-98;
. Tree Relocation/Removal Plan, Cove of Biscayne Shopping Center, Sheet L-1,
prepared by' Charles Putman & Associates, Inc., dated 3-27-98; .
. Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by
Charles Putman & Associates, Inc., dated 3-27-98;
. Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A, revised
dated 3/25/98.
Resolution NO.98-41
Page 4
PROJECT SPECIFIC CONDITIONS
1. Applicant shall obtain building permits within 12 months of the date of the settlement
.,
of the eminent domain proceedings or the site plan and variances granted shall be
deemed null and void
.
2 Applicant shall install safety bollards at the southwest corner of the existing building
vvhere the setback variance is being requested so as to provide precautionary
measures pursuant to a request by the Police Department Such bollards shall be
in a location and of a quantity as approved by the City Manager or his designee
prior to issuance of building permits
3 Applicant shall not conduct any business activity immediately to the west of the
premises nor the storage of garbage containers, restaurant or other equipment, now
'"
or in the future.
Section 2. The City Manager is authorized to cause the issuance of permits In
accordance with the approvals and conditions herein provided and to indicate such
~~1
'~i', ~
\.
approvals and conditions upon the records of the City
Section 3. This Resolution shall become effective immediately upon its
adoption
The foregoing Resolution was offered by Commissioner Rogers--Libert, vvho
"
moved its adoption The motion was seconded by Cc:>mmissionerHolzberg,. and upon
being pu't to a vote, the vote was as follows
Commissioner Arthur Berger
Commissioner Jay R Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
yes
no
yes
absent from the room
Resolution No.98-41
Page 5
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I Snyder
yes
yes
absent from the room
PASSED AND ADOPTED this 5th day of May, 1998
.
ad:{"
,j /
.~{ /( ( /)/
. I '-C-M .. '-,--p
KEN COHEN, VICE MAYOR
ATTEST:
JJ.Wrz ~
~ TERESA M. SMITH, CMC
CITY CLERK
..
APPROVED AS TO LEGAL SUFFICIENCY
M~~
CITY ATTORNEY
t",~
..~,:}
~.,:.
This Resolution was filed in the Office of the City Clerk this to ~ day of May, 1998
'- 111/)(;. h dJY1
~
CITY CLERK
I LAND DESCRiPTION I
A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE
42 EAST, BEING MORE PARTICULARLY DESCRlSED AS FOLLOWS.
COMNENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
3, THENCE EASTERL Y ALONG THE NORTH LI NE OF THE SOUTHWEST ONE -QUARTER OF SA I D
SECTION 3, NORTH 81"34'55" EAST, 811.19 FEET,TO THE EAST RIGHT OF WAY LINE
OF BISCAYNE BOULEVARD <STATE ROAD 5) AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 87030-2570. THENCE SOUTHERLY
ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 02007'21 - EAST, 209.B8 FEET TO THE
POINT OF BEGINNINGI THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY
LINE, SOUTH 02007'21" EAST. 252.28 FEET TI) A POINT ON A LINE 200.00 FEET NORTH
OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTH-
WEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 31 THENCE EAST-
ERLY ALONG SAID PARALLEL LlNE, NORTH 87-31 '3S" EAST, 439.50 FEET TO A POINT
ON A LINE 100.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHWEST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAJD SECTION 3. THENCE NORTHERLY
ALONG SAID PARALLEL LlNE, NORTH 03022'15" WEST.. 211.88 FEET. THENCE SOUTH
87-34'55~ WEST. 75.15 FEET. THENCE NORTH 03022'15" WEST. 50.01 FEET. THENCE
SOUTH 87"34'55" WEST, 75.01 FE"ETI THENCE SOUTH 03022'15- EAST, 10.00 FEET TO
A POINT ON A LINE 210.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF
THE SOUTHWEST ONE-OUARTER OF SAID SECTION 31 THENCE WESTERLY ALONG SA1D
PARALLEL LINE, SOUTH 87034'55" WEST, 283.85 FEET TO THE POINT OF BEGINNfNG.
SAJD LANDS LYING IN THE CITY OF AVENTURA, DADE COUNTY. FLORIDA,
CONTA1NJNG 107,835 SQUARE FEET (2.4755 ACRES>, MORE OR LESS.
'>~
.... ~
'\0
EXHIBIT #1
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE A
RELEASE OF RESTRICTIVE COVENANTS AND A
RELEASE OF UNITY OF TITLE IN THE FORM ATTACHED
TO THIS RESOLUTION CONCERNING PROPERTY
KNOWN AS "BAGEL COVE PLAZA" AT 18955-19001
BISCAYNE BOULEVARD, CITY OF AVENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS the applicant, GWP Aventura Land, LLC, by and through Application
No. 01-MRC-09 has requested a release of restrictive covenants recorded in 1986 and
1991 and a release of unity of title recorded in 1978 affecting site development plans
approved by Miami-Dade County prior to incorporation of the City of Aventura; and
WHEREAS the City Commission, through Resolution No. 98-41 adopted on May
5, 1998, approved a site development plan for this property and provided that all
previously approved site plans were superseded by this approval; and
WHEREAS the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
release of the restrictive covenants and the release of the unity of title is in the best
interests of the citizens of the City of Aventura.
Resolution No. 2009-_
Page 2
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 a Release of Restrictive Covenants recorded in Official Record
Book 13031 at Page 1211 and in Official Record Book 15059 at Page 129, of the Public
Records of Miami-Dade County, Florida, and to execute a Release of Unity of Title
recorded in Official Records Book 10212 at Page 1660 of the Public Records of Miami-
Dade, Florida, 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 Releases described in Section
1. above and to carry out the aims of this Resolution. The applicant shall record the
releases at its cost and expense.
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. 2009-_
Page 3
PASSED AND ADOPTED this 13th day of January, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LE
~
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
2009.
day of January,
CITY CLERK
RELEASE OF
UNITY OF TITLE
KNOW ALL MEN BY THESE PRESENTS: The undersigned representative
afthe City af Aventura, a palitical subdivisian afthe State afFlarida, releases the
UNITY OF TITLE recarded in Official Recard Baok 10212 at Page 1660 afthe Public
RecDrds afMiami-Dade Caunty, FlDrida, relating to. and pertaining to. the property
described in said UNITY OF TITLE being IDeated in the City Df Aventura, Miami-Dade
CDunty, Flarida.
All terms, canditians and prDvisiDns contained in the afarementioned UNITY OF
TITLE are hereby released and canceled.
SIGNED AND SEALED this
day Df
,2008.
CITY OF A VENTURA
WITNESSES:
(signature)
(printed name)
(signature)
(printed name)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ACKNOWLEDGED befare me, a Natary Public, this _ day Df ,
2008, by [] who. is persDnally knDwn to. me Dr [] who.
produced as identificatian.
Signature ofNatary Public
(Printed name of Notary Public)
RELEASE OF
DECLARATIONS OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS: The undersigned representative
of the City of Aventura, a political subdivision of the State of Florida, by the authority of
City of A ventura Resolution No. 98-41 adopted on May 5, 1998, hereby release the two
Declarations of Restrictive Covenants recorded in Official Record Book 13031 at Page
]211 and in Official Record Book 15059 at Page 129, respectively, of the Public
Records of Miami-Dade County, Florida. relating to and pertaining to the property
described in said Declarations of Restrictive Covenants being located in the City of
Aventura, Miami-Dade County, Florida.
All terms, conditions and provisions contained in the aforementioned Declarations
of Restrictive Covenants are hereby released and canceled.
SIGNED AND SEALED this
day of
, 2008.
CITY OF A VENTURA
WIlNESSES:
(signature)
(printed name)
(signature)
(printed name)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ACKNOWLEDGED before me, a Notary Public, this _ day of
2008, by [ ] who is personally known to me or [ ] who
produced as identification.
Signature of Notary Public
(Printed name of Notary Public)
AGENDA ITEM 5-E
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING AMENDMENTS TO THE
FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS'
RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-
OPERATIVE AND HOMEOWNER ASSOCIATIONS FEES, REGULAR
ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN
FORECLOSURE AND ON FORECLOSED UNITS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, due to current economic conditions which include a housing market
crisis, South Florida, in particular, is experiencing a significant increase in foreclosure
suits filed; and
WHEREAS, under present Florida law, mortgage holders are only responsible
for unpaid condominium association fees that are the lesser of 1 % of the original
mortgage amount or six months of unpaid maintenance fees and regular assessments
at the time of foreclosure; and
WHEREAS, under the foregoing formula, condominium association fees often
accumulate in excess of what the mortgage holder is responsible for resulting in such
fees becoming the responsibility of the remaining association members who must pay,
in many cases, exorbitant special assessments to cover the maintenance expenses and
all special assessments of the building, while units in foreclosure proceedings and
foreclosed units continue to benefit at no additional expense to the mortgage holder;
and
Resolution No. 2009-_
Page 2
WHEREAS, in order to provide a disincentive for mortgage lenders to delay
foreclosure actions in order to avoid the payment of escalating condominium fees, and
to fairly place responsibility on the party that has the most to benefit from the continued
receipt of maintenance services on units in foreclosure proceedings and foreclosed
units, the Florida Statutes should be amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Commission supports amendments to the Florida Statutes
to increase mortgage holders' responsibility for delinquent condominium, cooperative,
and homeowner associations' fees, regular assessments and special assessments on
units in foreclosure and on foreclosed units.
Section 2. This Resolution shall become effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 3
PASSED AND ADOPTED this 13th day of January, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
APPROVED AS TO LEGAL S~..
f--~j1'h ~
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: December 16, 2008
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Collective Bargaining Agreement Between the City and the Police
Benevolent Association
January 13, 2009 City Commission Meeting Agenda Item H
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the subject document.
BACKGROUND
The City Administration and PBA finalized a Collective Bargaining Agreement. The
Agreement is for the period of October 1, 2008 to September 30, 2010. The
Agreement conforms to the parameters established by the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01637-08
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINED
CONTRACT ATTACHED HERETO BY AND BETWEEN
THE CITY OF A VENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH
CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE
BY THE CITY MANAGER AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the 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 with certain sections retroactive to October 1, 2008 and upon the execution of
the Agreement by the City Manager and the Dade County Police Benevolent
Association representatives.
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 Urbflez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 13th day of January, 2009.
ATTEST:
TERESA M. SOROKA, MMC
CIlY CLERK
APPROVED AS TO LE
~
CITY ATTORNEY
EMS/tms
SUSAN GOTTLIEB, MAYOR
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 2008 to September 30,2010
Table of Contents
Paqe Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition 2
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Dues Deductions 4
ARTICLE 5 Management Rights 6
ARTICLE 6 PBA Business 8
ARTICLE 7 PBA Representation 9
ARTICLE 8 No Strike 11
ARTICLE 9 Legal Representation 13
ARTICLE 10 Salaries 14
ARTICLE 11 Severability Clause and Zipper Clause 17
ARTICLE 12 Rules, Directives and Personnel Policies 18
ARTICLE 13 Grievance Procedure 19
ARTICLE 14 Seniority 24
ARTICLE 15 Labor - Management Committee 26
ARTICLE 16 Workweek and Overtime 27
ARTICLE 17 Off-Duty Police Work 29
ARTICLE 18 Equipment and Maintenance 30
ARTICLE 19 Personnel Records 32
ARTICLE 20 Bereavement Leave 33
ARTICLE 21 Holiday Leave 34
ARTICLE 22 Personal Leave 35
ARTICLE 23 Training 36
ARTICLE 24 Transfers, Shift Change and Substitutions 37
ARTICLE 25 Group Insurance 38
ARTICLE 26 Promotion Procedures 39
ARTICLE 27 Probationary Employees 40
ARTICLE 28 Sick Leave 41
ARTICLE 29 Pension Plan 43
ARTICLE 30 Take Home Police Vehicle Policy 44
ARTICLE 31 Workers' Compensation Fraud 45
ARTICLE 32 Drug and Alcohol Testing 46
ARTICLE 33 Reopening of Negotiations 56
ARTICLE 34 Court Time 57
ARTICLE 35 Term of Agreement 58
EXHIBIT A 2008-2009 Salary Plan 59
EXHIBIT B 2009-2010 Salary Plan 60
ARTICLE 1
Preamble
This Agreement is entered into this _ day of _, 2009 by and
between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the Dade County
Police Benevolent Association hereinafter referred to as "PBA" or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
1
ARTICLE 2
Recoanition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15,1999).
Included: Sworn police personnel of the ranks of Police Officer and
Police Sergeant.
Excluded: All other Department employees.
2
ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of
employees to become members of PBA, or to refrain from such activities and that
there shall be no discrimination, interference, restraint or coercion by the parties
against any employee because of membership or non - membership.
3
ARTICLE 4
Dues Deductions
Section 1. PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
pay period, if available wages are not sufficient to cover the full dues deduction,
4
no deduction shall be made. In this connection all legally required deductions
have priority over dues.
5
ARTICLE 5
ManaQement RiQhts
Section 1. The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct,
and totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, layoff, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police
Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed
by the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures
of positions or employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by
which operations are to be conducted.
U) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(I) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m) To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to exercise
those rights and powers incidental thereto, including the right to make unilateral
changes when necessary.
(0) Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations.
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 3. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
7
ARTICLE 6
PBA Business
Section 1. The City shall provide PBA with a bulletin board. A copy of
all notices or bulletins of the PBA that are to be posted shall be submitted to the
City Manager, or designee. There shall be no other general distribution or posting
by employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs;
(e) Notices of Collective Bargaining Agreement ratification meetings; and
.
(f) Minutes of Association Meetings.
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
8
ARTICLE 7
PBA Representation
Section 1. Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City. The City agrees
to alter or flex the schedule of any PBA representative to allow the
representatives to attend bargaining sessions on duty regardless of shift, so long
as it does not create an overtime situation or cost to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3. After securing permission from the Police Chief or his
designee, PBA representatives and agents may be permitted to discuss PBA
grievances with members during their duty hours provided such discussions shall
not interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged
as necessary between the officers of the PBA and the City Manager or Police
Chief upon the request of either party. PBA representatives shall be limited to not
more than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
9
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
Section 6. Off-duty time spent on negotiations or grievances shall not
be deemed "hours worked" as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
Article and the law by remaining at work during any interruption which may be
11
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
City.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Leaal Representation
Section 1. Whenever a civil suit in tort is brought against an employee
for injuries or damages suffered as a result of any act, event, or omission of
action which is alleged to have occurred while the employee was on duty or
acting within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad
faith or with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety or property, the City shall undertake the
defense of the employee as required by law. Said defense shall cease upon
judicial finding, or finding by the City, that the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
13
ARTICLE 10
14
B to this Agreement sets forth the salary plan for officers and sergeants for the
fiscal year 2009-2010.
Section 4.
(a) All employees covered by this Agreement, provided that they have
earned a quality point average on their evaluation of 3.5 or more shall be eligible
for a merit salary increase, (move to the next step in the pay plan) except as
provided in Section 1 above and Section (b) herein, on the employee's
anniversary date. The anniversary date shall be defined as the employee's
entrance date into his/her present position. Any employee who fails to receive a
quality point average of 3.5 or more shall be reevaluated in sixty days. If the
employee then receives a rating of 3.5 or more the employee shall receive
his/her merit increases.
(b) Employees covered by this Agreement, who reach the maximum
step of their respective salary plans shall not be eligible for meriUstepincreases.
Section 5. Promotions In the event of a promotion, an employee will be
placedinthe minimum pay step of his/her promoted position orthe next highest
step which will be no less than a 5.0% increase, in his/her present salary
whichever affords the employee a higher increase.
Section 6. Salary Ranqes All employees covered by this Agreement,
hired after October 1, 2008, shall receive the minimum salary step, as outlined in
the Salary Schedule outlined herein for their appropriate position classification
upon his/her original appointment or based on their previous experience as a
police officer may be slotted in the pay plan as approved by the City Manager.
Section 7. Detectives An employee assigned as a Detective by the
Police chief shall receive a pay incentive of $50.00 per week. Employees serving
in a Detective capacity serve in said capacity at the pleasure of the Police Chief.
No grievance proceeding may be filed by an affected employee when said
15
employee's Detective capacity is terminated.
Section 8. Field Traininq Officer An employee assigned as a Field
Training Officer by the Police Chief shall receive a pay incentive of $40.00 per
week. Employees serving in a Field Training Officer capacity serve in said
capacity at the pleasure of the Police Chief. No employee grievance may be filed
by an affected employee when said employee's Field Training Officer capacity is
terminated.
Section 9. Corporal An employee assigned as a Corporal by the Police
Chief shall receive a salary adjustment of 5% of their current salary while serving
in the Corporal capacity. Employees serving in a Corporal capacity serve in said
capacity at the pleasure of the Police Chief. No employee grievance may be filed
by an affected employee when said employee's Corporal capacity is terminated.
Section 10. K-9 Officer, Motorcvcle Officer and Swat Team An
employee assigned as a K-9 or Motorcycle Officer by the Police Chief shall
receive a pay incentive of $40.00 per week. An employee assigned as a member
of the SWAT team by the Police Chief shall receive a pay incentive of $20.00 per
week. Employees serving in said capacity serve at the pleasure of the Police
Chief. No employee grievance may be filed by an affected employee when said
employee's capacity is terminated.
Section 11. Traffic Unit. Community Patrol. SRO and Marine Patrol An
employee assigned to the traffic unit, community patrol, SRO or Marine Patrol by
the Police Chief shall receive a pay incentive of $25.00 per week. Employees
serving in said capacities shall service at the pleasure of the Police Chief. No
employee grievance may be filed by an affected employee when said employee's
capacity is terminated.
16
ARTICLE 11
Severabilitv Clause And Zipper Clause
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2. The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and-contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
17
ARTICLE 12
Rules, Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the Procedural Directives issued by the Chief of Police and
they shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and Police
Procedures shall be copied to the PBA.
Section 2. In the event of any conflict between the terms of this
Agreement, the APDP, Police Procedures, or the Personnel Policies, this collective
bargaining agreement shall supercede to the effect that the inconsistent terms and
conditions of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The City shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
18
ARTICLE 13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
An aggrieved employee may elect to resolve his/her grievance through the
grievance procedure provided in this Agreement or through the City's Employee
Concern Procedure as set forth in Chapter 4 of the City's Personnel Policies.
However, only one of the above procedures may be used. Once a grievance is
filed under one of these procedures, all other appeal procedures are forfeited.
Grievances relating to alleged violations of the specific terms of this
Agreement filed in accordance with this Article shall be processed in the following
manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally
to his immediate supervisor within seven days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within seven (7) calender days
of the time when it was first presented to him, or failing in that, must within that
time advise the employee of his inability to do so. Such contact between the
employee and supervisor shall be on an informal basis.
Section 3. Formal Grievance Procedure
Step 2
19
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee shall conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time
limits provided shall be deemed permanently withdrawn as having been settled on
the basis of the decision most recently given. Failure on the part of the City to
answer within the time limits set forth in any step will entitle the employee to
proceed to the next step. The time periods contained herein may be mutually
waived or extended due to unforseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6. In the event a grievance relating to the interpretation of this
Agreement or relating to a discipline matter involving demotions for non-
probationary employees, suspensions of two (2) days or more and/or relating to
termination of employment, processed through the grievance procedure has not
been resolved at Step 4, the City or the PBA may submit the grievance to
arbitration within ten (10) calendar days after the City Manager (or a designee)
renders a written decision on the grievance, or the due date of that decision if no
21
written decision is made. An individual bargaining unit member may not proceed to
arbitration without the consent of the PBA. Matters relating to assignment, hiring,
promotion, demotion of probationary employees, discipline not involving termination
of employment or suspensions less than two (2) days shall not be subject to
arbitration and the City Manager's decision shall be final and binding.
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
22
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within twenty (20) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
23
ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment within a
particular job classification or rank. Seniority shall accumulate during absence
because of illness, injury, vacation, military leave, or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same department. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves the right
to make neecsary changes based on operational necessity.
Section 3. No new Police Officer shall be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
24
as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time.
25
ARTICLE 15
Labor-Management Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee may meet and confer regarding any issues related to
the Police Department, which either party would like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for exchange
of suggestions and recommendations. The Labor-Management Committee may
meet at mutually agreeable times, but not more than once a month.
26
ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour work week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave shall mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken in accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will be calculated in conformance
with the Federal Fair Labor Standards Act.
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Time spent on private duty details shall not be included.
(b) The work week, until changed by management (which is a
management right) upon due notice to the member employees, shall commence
Monday and terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. The City
agrees to implement, on a trial basis, a 4/10 work schedule for Patrol shifts (A, B
and C) only, not including the Mall detail. The continuation of the 4/10 schedule will
be evaluated prior to each bid, based on the following criteria: Overtime costs,
27
Compensatory Time earned and usage, Sick Leave use, Training issues and
Cooperation between shifts during overlap periods. The continuation of the 4/10
schedule will be announced each bid. Once a shift bid is completed, the City agrees
to continue the program for the remaining period of that bid. Patrol shifts will not
adopt back to back shifts. No employee grievance shall be filed if the 4/10 work
schedule is discontinued
Section 5. Bargaining unit employees will be given seven (7) days notice of
any change in their regular hours of work except where an emergency exists.
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act and APD Procedural Directive #26, in effect.
The maximum accumulation of compensatory time is 130 hours on an annual
basis. An employee may cash in up to 60 hours per year provided notification is
received by the Police chief by November 1 fo[ December 1 payout. Upon
resignation or termination of employment, allcbmpensatorytime remaining to an
employee's credit shall be compensated in cash: · .
Section 7. Assignments to the Aventura Mall shall be the sole discretion of
the Chief of Police and are neither grievable nor arbitrable. The personnel, work
schedule and work week for the Mall assignment will be designated by the Chief
of Police or his designee.
28
ARTICLE 17
Off-Duty Police Work
Section 1. Effective January 1, 2009" off-duty police work as authorized by
the Police Chief shall be compensated at the rate of not less than thirty two dollars
and fifty cents ($32.50) per hour for all bargaining unit members. There shall be an
administrative fee of no less than seven dollars and fifty cents ($7.50) per hour
charged by the City.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
. Section 4. Assignments of off-duty police work shall, be fairly and evenly
. distributed among eligible bargaining unit members. Full time employees shall have
,the right of first refusal in off-duty and detail police work assignments.
Section 5. When a detail requires four (4) or more police officers,
whenever possible, one of the four officers will be a supervisor. Effective
January 1, 2009, the supervisor shall be compensated at the rate of not less than
thirty seven dollars and fifty cents ($37.50) per hour. There shall be an
administrative fee of not less than seven dollars and fifty cents ($7.50) per hour
charged by the City. If no supervisor is available to work the detail, then the on-
duty supervisor will be assigned to monitor the detail. Supervisors who work
regular off duty jobs will be compensated at the officer's rate in Section 1, above.
Section 6. Effective January 2009, the off-duty rates set forth in Sections
1 and 5 above shall be increased by five dollars ($5.00) per hour for any off-duty
police work performed on Christmas Eve, Christmas Day and/or New Year's Eve.
29
ARTICLE 18
Eauipment and Maintenance
Section 1. Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any uniform including handcuffs and eyeglasses of an employee
which is damaged or broken in the line of duty shall be repaired or replaced at no
cost to the employee. The City shall replace wristwatches damaged while in the
line of duty and not due to the employee's neglect by payment to the employee up
to $75.00 and replace prescription eye glasses or contacts damaged while in the
line of duty up to $125 and non-prescriptive eye glasses up to $25.00. The City
shall replace handcuffs at the City's expense, when not lost or damaged due to the
employee's carelessness. The parties recognize that this section is intended to be
utilized to reimburse employees covered by this agreement for damage to their
personal property as opposed to negligent or careless loss thereof or improper use
of such equipment.
Section 3. All risk of damage, loss and/or destruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the exclusive responsibility of the unit member. The City agrees to provide each
unit member with equipment necessary to perform the function of the job in lieu of
the use of personal property as contemplated above.
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to allowance for normal wear and tear.
30
Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $600 ($300 on October 1 st and $300 on
April 1st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $850 ($425 on October 1st and $425 on April 1st).
The parties recognize that the payments set forth in this Section are intended to
reimburse employees covered by this agreement for the cost of maintaining their-
City issued uniforms and that no claim should be made for reimbursement for
damage that occurs to such items.
31
ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statue
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statue
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
with the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon reasonable request, an employee may review his/her
personnel records. The member shall have the right to make duplicate copies of
this record for his/her use, at no costto the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed witness statements, under oath) with reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation which the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division.
32
ARTICLE 20
Bereavement Leave
Section I. In the case of death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days' paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager.
33
ARTICLE 21
Holidav Leave
Section 1. Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day atter Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's payor half a day's pay,
depending on the holiday outlined above, provided the employee exceeds the
normal work week.
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off or excused absences.
34
ARTICLE 22
Personal Leave
Section 1. All employees hired before April 1 st of any calendar year shall be
granted twenty four (24) hours of Personal Leave for that calendar year. New
employees hired on or after April 1 st of any calendar year shall be granted sixteen
(16) hours Personal Leave for that calendar year. New employees hired on or after
July 1 st of any calendar year shall be granted eight (8) hours Personal Leave for
that calendar year. Personal leave shall be used for personal reasons, religious
observances and transaction of personal business. No payment shall be made
upon separation from City service for any unused Personal leave. No carry-over of
Personal leave shall be permitted from year-to-year. Said leave shall be granted
upon the approval of the City Manager and lor Department director.
35
ARTICLE 23
Training
Section 1. The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. When possible, each officer will be provided an additional
forty hours of in-service training annually.
36
ARTICLE 24
Transfers, Shift Changes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance. Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of one (1)
week notice.
Section 3. Voluntary exchange of individual workdays between.
employees .of like rank shall be permitted with the approval of Shift Supervisors
provided 'such swaps do not interfere with the. orderly operation of the Police
Department.
37
ARTICLE 25
Group Insurance
Section 1. The city agrees to pay one hundred percent (100%) of the
individual employee health coverage premium. For employees hired before October
1, 2005, the City agrees to pay seventy percent (70%) or maintain the current
percentage split as of October 1, 2005 of the dependent coverage premiums. For
employees hired after April 1 , 2006, the City agrees to pay fifty percent (50%) of the
dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally disabled in the line-
of-duty shall be eligible to continue to receive group health and hospitalization
insurance coverage for both individual and. family members under the same
conditions as were enjoyed at the time of disability, until such time as the employee
is eligible for said health and hospitalization coverage under the federal Medicare
Program.
Section 3. The City shall provide all bargaining unit members with a
short term disability insurance policy. The cost of the policy shall be paid 100% by
the City and provide 66 and 2/3 percent of the unit members' normal base wage for
both on and off duty injuries. Each member will be provided with a copy of the
City's short term disability insurance policy upon request.
38
ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
of which one (1) year will be with the City of Aventura shall be eligible to take the
examination for a promotion to the rank of Sergeant.
Section 2 All promotions shall be in accordance with the Police
Department Procedural Directive # 19 or as such Directive is subsequently
amended by the City. The City will announce promotional examinations at least
sixty (60) days in advance of the assessment process. The eligibility list shall be
valid for up to one (1) year.
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
Section 4. The provisions of Police Department Directive #19 shall
remain in effect during the term of this Agreement.
39
ARTICLE 27
Probationary Employees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion. Probationary employees absent during their probationary period for
more than 30 days shall have their probationary period extended for the amount
beyond the 30 days.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
40
ARTICLE 28
Sick Leave
Section 1. For those employees hired prior to January 15, 1998, upon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
Less than 3 years 10%
3 through 5 years 25%
5 through 7 years 50%
Over 7 years 100%
Accumulated sick leave percentage will be paid based on the closest year.
Section 2. For those employees hired after January 15, 1998, upon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
Less than 3 years 10%
3 through 5 years 25%
5 years and over 50%
Accumulated sick leave percentage will be paid based on the closest year.
41
Section 3. The accumulation for payout purposes shall be no more than 750
hours for employees covered by this agreement.
...
42
ARTICLE 29
Pension Plan
Section 1. The City agrees to maintain a defined benefit pension plan for
members of the bargaining unit as outlined in Chapter 36 of the City Code.
Section 2. The City agrees to continue to fund pension cost increases that
are attributed to 185 monies being lower than anticipated in the original actuarial
study (5% of pensionable compensation).
Section 3. The City agrees to fund the entire 2.39% increase to the City's
contribution to the pension plan for fiscal year 2007-2008 as determined by the
most recent annual actuarial valuation of the plan.
43
ARTICLE 30
Take Home Police Vehicle Policy
Section 1. Sworn police officers employed by the City for a minimum of
two (2) calendar years covered by this agreement will be eligible to utilize City
assigned police vehicles as transportation to and from work. It is expressly
understood and agreed that said vehicle shall be utilized only for such
transportation to and from work and that any violation of this policy may
immediately result in the suspension or termination of the particular officer's
privilege to utilize a vehicle for such transportation. It is further understood and
agreed by the parties that the City may evaluate the "take home "policy. The City
may, in its sole discretion, terminate said policy. It is also understood and agreed
by the parties that any decision by the City to extend or terminate the aforesaid
policy shall not be subject to the grievance/arbitration procedure contained in this
agreement. The City's "take home" police vehicle policy shall be in accordance
the Policy contained at Chapter 5, Subchapter 8, page 1 of the City's
Administrative Policy Directives and Procedures Manual, or as such Policy is
subsequently amended by the City.
44
ARTICLE 31
Workers Compensation Fraud
Section 1. Any employee found to have fraudulently utilized the worker's
compensation program or found to falsify an on-the-job injury will be subject to
immediate dismissal.
45
ARTICLE 32
Drua and Alcohol Testina
Section 1. The City and the PBA recognize that employee drug and
alcohol abuse has an adverse impact on City government, the image of the City
employees, the general health, welfare and safety of the employees, and to the
general public at large. Therefore, the parties agree that the Department shall
have the right to require employees to submit to drug and alcohol testing
designed to detect the presence of illegal drugs and alcohol.
Section 2. Drug is defined as amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of
the above mentioned substances. Alcohol includes distilled spirits, wine, malt
beverages, and intoxicating liquors.
Section 3. The Department will require members of the bargaining unit
to submit to drug and alcohol tests under the following circumstances:
3.1 The Department may require all members of the bargaining
unit who suffer an injury in the line of duty and/or are involved in a car accident to
submit to a drug and alcohol test immediately after the accident.
3.2 The Department will require all members of the bargaining
unit to submit to a drug and/or alcohol test based on its belief that the employee
to be tested is under the influence of or possibly using drugs and/or alcohol
drawn from specific objective and articulable facts and reasonable inferences
46
drawn from those facts in light of experience. Among other things, such facts
and inferences may be based upon:
(a) Observable phenomena while at work, such as direct
observation of drug and/or alcohol usage or of the physical
symptoms or manifestations of being under the influence of
a drug and/or alcohol.
(b) Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
(c) A report of drug and/or alcohol use, provided by a reliable
and credible source, which has been independently
corroborated.
(d) Evidence that an individual has tampered with a drug and/or
alcohol test during employment with the current employer.
(e) Information that an employee has caused, or contributed to,
an accident while at work.
(f) Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
employer's premises or while operating the employer's
vehicle, machinery, or equipment.
Inappropriate employee behavior as described above must be
personally observed by a superior officer and witnessed by at least one other
employee witness, who mayor may not be a superior officer or a police officer.
When confronted by a superior officer, the employee under
suspicion will be offered an opportunity to explain to the superior officer, prior to
being ordered to take the drug and/or alcohol test, why the aberrant or unusual
behavior is noticeable. Drug and/or alcohol testing based upon reasonable
suspicion will be conducted only with either the consent of the Police Chief or
his/her designee or the consent of the City Manager or his/her designee. The
47
designee shall be a sworn certified law enforcement officer above the rank of
lieutenant. Such approval shall be memorialized in writing and indicate the
subject matter of the test, why the test was ordered and listing the specific
objective fact(s) constituting "reasonable suspicion." A copy of this written order
will be provided to the employee as soon as it is practicable to do so.
Any refusal on the part of the suspected employee to immediately
comply with a valid "reasonable suspicion" drug and/or alcohol testing order will
result in the immediate causal termination of the employee.
3.3 The Department, as part of its medical examination process
during pre-employment, during a fitness for duty examination, and during the
annual physical examinations, will require the members of the bargaining unit to
submit to a drug and alcohol test.
3.4 All members of the bargaining unit, at the discretion of the
Chief of Police, and/or the City Manager will be randomly tested for drugs. The
selection of the employees to be tested will be made using a neutral software
selection program.
Section 4. An employee required to submit to a mandatory test for the
presence of drugs and/or alcohol shall be entitled to have a PBA or other
employee representative present during the test. However, under no
circumstances will the drug and/or alcohol test be delayed for more than one (1)
hour to allow for the presence of a PBA or other employee representative.
Section 5. The following procedures shall apply to the substance abuse
testing administered to employees who meet the above stated conditions:
48
5.1 Analysis of specimens will be collected and performed only
by laboratories, hospitals or clinics certified by the State of Florida, Agency for
Health Care Administration (AHCA) or the Federal Substance Abuse and Mental
Health Services Administration (SAMHSA), utilizing qualified sites and employing
collectors trained to follow custodial collection protocols and properly maintain
legal specimen chain-of-custody. Specimens that the City may use when drug
and alcohol testing for the reasons set forth in Section 3 include urine, blood, and
hair follicle samples. In addition, the City may use a breathalyzer for an alcohol
test for any of the reasons set forth in Section 3.
5.2 Specimens shall be drawn or collected at a laboratory,
hospital, doctor's office, certified medical facility or even on City premises by a
certified health care professional. If the City or the collector requires an observer
when the urine specimen is given, the observer shall be of the same sex as the
employee being tested. All specimen containers and vials shall be sealed with
evidence tape and labeled in the presence of the employee, and his/her witness
should be in existence.
5.3 All drug and/or alcohol testing will be conducted using
recognized technologies and recognized testing standards. The following
standards shall be used to determine what level of detected substance shall
constitute a POSITIVE test result for urine specimens:
Substance
Amphetamines
Barbiturates
Benzodiazepines
Cocaine
Screening Test
1000 ng/mL
300 ng/mL
300 ng/mL
300 ng/mL
Confirmation
500 ng/mL
150 ng/mL
150 ng/mL
150 ng/mL
49
Cannabinoids (Marijuana)
Methadone
Methaqualone
Opiates (Heroin, Morphine,
Codeine)
Phencyclicline (PCP)
Propoxyphene
Alcohol (Ethanol)
50 ng/mL
300 ng/mL
300 ng/m L
2000 ng/mL
25 ng/mL
300 ng/mL
0.02 g/dl
15 ng/mL
150 ng/mL
150 ng/mL
2000 ng/mL
25 ng/mL
150 ng/mL
0.04 g/dl
5.4 Levels found below those set above shall be determined as
negative indicators. Tests for other non-presented controlled substances and
hair and blood specimens will be in accordance with federal and state
government screening and confirmation standards.
5.5 All positive initial tests shall be confirmed using gas
chromatograph/mass spectrometry or an equivalent or more accurate
scientifically accepted method approved by AHCA. The test must also use a
different scientific principle from that of the initial test procedure.
5.6 A Certified Medical Review Officer (MRO) who will be a
medical professional chosen by the City will review all negative and confirmed
positive laboratory results. Confirmed positive results will only be communicated
to the City's designated human resources professional after the MRO has
ascertained that personal prescriptions or other legal substances do not account
for the laboratory findings. Investigations may include, as appropriate, telephone
contact with the employee and any prescribing physician. Employees may
consult the City appointed MRO concerning drugs and/or drug groups that may
be tested for under this procedure.
5.7 Employees may contact the City's Medical Review Officer to
ask questions concerning prescribed medications they are taking for clarification
50
purposes involving fitness for duty assessments
5.8 The following is a list of over the counter and prescription
drugs which could alter or affect drug and alcohol test results. Due to the large
number of obscure brand names and the constant marketing of new products,
this list cannot be and is not intended to be all inclusive:
Alcohol:
All liquid medications containing ethyl alcohol
(ethanol). Please read the label for alcohol content.
As an example, Vick's Nyquil is 25% (50 proof) ethyl
alcohol, Comtrex is 20% (40 proof), Contact Severe
Cold Formula Night Strength is 25% (50 proof), and
Listerine is 26.9% (54 proof)
Amphetamines:
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex,
loanamine, Fastin, Vicks Nasal Inhalers
Cannabinoids:
Marinol (Dronabinol, THC)
Cocaine:
Cocaine HCI topical solution (Roxanne)
Phencyclidine:
Not legal by prescription
Opiates:
Paregoric, Parepectolin, Donnagel PG, Morphine,
Tylenol with Codeine, Empirin with Codeine, APAP
with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Diluadid (Hydromorphone), M-S Contin
and Roxanol (morphine sulfate), Percodan, Vicodin,
Tussi-organidin, etc.
Barbiturates:
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral,
Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazephines: Ativan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam, Restoril, Centrax, etc.
Methodone:
Dolophine, Metodose, etc.
Propoxyphene:
Darvocet, Darvon N. Dolene, etc.
51
Section 6. Within five (5) working days after receipt of a positive
confirmed test result from the testing laboratory, the City will inform the employee
in writing of such positive test result, the consequences of such results, and the
options available to the employee or job applicant. The City shall provide to the
employee or job applicant upon request, a copy of the test results. Within five (5)
working days after receiving written notification of a confirmed positive test result,
an employee or job applicant may submit information to the City explaining or
contesting the test results and why the results do not constitute a violation of the
employer's policy. If the City disagrees with the employee's position, within fifteen
(15) days of receipt of a formal challenge of positive confirmed test results, the
City will respond to the employee. If the employee wishes to maintain the
challenge, within thirty (30) days of receipt of the City's written response, the
employee may appeal to a Court of competent jurisdiction and/or a Judge of
Compensation Claims (if a wbrkplace injury has occurred). Upon initiating a
challenge, it shall also be the employee's responsibility to notify the testing
laboratory which must retain the specimen until the case is settled.
Section 7. The results of all tests performed hereunder will be held
confidential to the extent permitted by law.
Section 8. Any specimens found or admitted to have been adulterated
or substituted before, during or after the substance abuse test, will constitute
immediate grounds for employee discharge from employment.
Section 9. Employees have a right to consult with the MRO for
technical information regarding prescription and non-prescription medication.
52
Section 10. The results of such tests shall be handled as if part of an
internal affairs investigation, and the employee involved shall be afforded all the
rights enumerated in Section 112.532 of the Florida Statutes. The taking of drug
and/or alcohol tests from a member of the bargaining unit does not constitute an
interrogation within the meaning of Section 112.532 of the Florida Statutes,
unless questions are asked at the time the test if taken.
Section 11. Disciplinary consequences for having a confirmed positive
drug test is the immediate discharge of the employee for cause, and the potential
denial of Unemployment Compensation as specified in Sections 440.101 and
440.102 of the Florida Statutes. An employee injured in the line of duty and/or
involved in an automobile accident and subsequently confirmed positive for drug
and/or alcohol abuse based upon post accident testing will also be terminated
from employment and may lose Workers' Compensation benefits.
Section 12. An employee who tests positive for alcohol and was not
involved in an accident and/or did not suffer an injury in the line of duty while
under the influence of alcohol must meet the following conditions to remain
employed by the Department:
(1) Completion of an Employee Assistance Program or
Substance Abuse Program approved by the City.
(2) During the period the employee is out after a positive alcohol
test result, he/she will be placed in a "no-pay" status or they
may utilize their accrued vacation leave.
(3) The employee who had a positive test result and is
reinstated must sign a Last Chance Agreement that will
specify immediate discharge on a second positive alcohol
test.
53
Section 13. Any disciplinary or other adverse personnel action taken by
the City Manager resulting from any test conducted pursuant to this article shall
be appealable though the grievance procedure contained in this agreement
through and including arbitration.
Section 14. Nothing in this Article shall prohibit an employee from
voluntarily self-identifying as having a drug/alcohol abuse problem to either
his/her immediate supervisor, Department Head, or the Personnel Officer, but
may not do so just prior to being selected for a drug and/or alcohol test.
Such employee must meet the following conditions to remain employed by
the Department:
1) Completion of Employee Assistance Program or Substance Abuse
Program approved by the City;
2) During the period the employee is out of after self identifying
himself/herself will be placed in a "no pay" status or they may utilize
their accrued vacation leave; and
3) The employee who self identifies himself/herself must sign a Last
Chance Agreement that will specify immediate discharge on any
drug and alcohol confirmed positive test, and if he/she
subsequently self identifies as having a drug and alcohol abuse
problem.
Requests from employees for assistance in this regard shall remain
confidential to the extent permitted by law and shall not be revealed to other
employees or members of management without the employee's consent.
54
Employees enrolled in drug/alcohol abuse programs as outpatients, shall be
subject to all City rules, regulations and job performance standards. The
Department will not discharge, discipline, or discriminate against an employee
solely upon the employee's voluntarily seeking treatment for a drug and/or
alcohol related problem, if this is the first time that an employee has entered an
employee assistance program for drug/alcohol related problems.
Drug and alcohol abuse are serious personal concerns for many
individuals. The City provides employees in such circumstances with the
services of an Employee Assistance Program which may be called to obtain free,
confidential, professional referral assistance.
United Healthcare - Care 24
1-888-887 -4114
55
ARTICLE 33
Reopenina of Neaotiations
Section 1. The Union may request that this Agreement be re-opened for
the sole purpose of engaging in negotiations concerning Article 29 of this
Agreement during the second year of the Agreement (Le., October 1, 2009
through September 30, 2010). If the Union chooses to request that this
Agreement be re-opened for that limited purpose, the Union must make its
request in writing to the City by May 1, 2009. Should the Union make a timely
written request, the parties agree that they will commence negotiations on this
issue by June 15, 2009.
Section 2. If during the life of this Agreement a pension plan actuarial
evaluation is completed which would include the requirement for an increase in
the City and employees contribution, the parties agree to reopen the Pension
Article within thirty (30) days for the sole purpose of only discussing Article 29
Pensions "employee and city contributions". In no event shall the employees'
contribution increase by more than 1 % in each year of the contract. All other
provisions of this Agreement shall remain in full force and effect during any
reopening.
56
ARTICLE 34
Court Time
Section 1. Bargaining unit employees shall receive a minimum of three (3)
hours overtime at one and one-half (1 ~) times their regular rate for necessary
off-duty work related to court appearances required by court order or quasi-
judicial and administrative hearings, concerning pending criminal, civil or traffic
cases. To be eligible, an employee must be called back to work at a time outside
his/her normal working hours, and at least three (3) hours before the beginning of
the shift and one (1) hour after the end of the shift. Pay for witness fees shall be
returned to the City. Employees may be permitted to accrue compensatory time
for off-duty court appearances in lieu of cash payments.
57
ARTICLE 35
Term of Aareement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2010.
Section 2. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 3. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The term of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This Agreement is made and entered into and executed this
day of , 2009.
CITY OF AVENTURA
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
Eric M. Soroka, City Manager
John Rivera, President
Representative
ATTEST: Representative
Teresa M. Soroka, City Clerk Representative
Brett J. Schneider City Labor Attorney Andrew Axelrad, PBA Attorney
58
EXHIBIT A
Salary Plan - 2008-2009
Police Officers (includes 3% COLA)
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
STEP 9
STEP 10
$47,444.56
$49,816.78
$52,307.62
$54,923.00
$57,669.15
$60,552.61
$63,580.24
$66,759.25
$70,097.22
$72,550.62
Police SerQeants (includes 3% COLA)
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
.STEP 6
STEP 7
STEP 8
STEP 9
$63,994.98
$67,194.73
$70,554.46
$74,082.19 .
$77,786.30
$81,675.61
$85,759.40
$90,047.37
$93,199.03
59
EXHIBIT B
Salary Plan - 2009-2010
Police Officers (includes 3 % % COLA)
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
STEP 9
STEP 10
$48,986.51
$51,435.83
$54,007.62
$56,708.00
$59,543.40
$62,520.57
$65,646.60
$68,928.93
$72,375.38
$74,908.51
Police SerQeants (includes 3 % % COLA)
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
STEP 9
$66,074.82
$69,378.56
$72,847.48
$76,489.87
$80,314.36
$84,330.07
$88,546.58
$92,973.91
$96,228.00
60
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City M
TO: City Commission
DATE: December 18,2008
SUBJECT: Appointment of Special Masters for Code Enforcement Process
January 13, 2009 City Commission Meeting Agenda Item 5::.... G,
RECOMMENDA liON
It is recommended that the City Commission ratify the City Manager's appointment of
Raquel Rothman, Esq. as Special Master for the City of Aventura Code Enforcement
process. Due to the workload relating to the red light program an additional Special
Master is needed.
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. The above-referenced individual is submitted to you
for appointment as Special Master. The Police Chief and I interviewed the applicant.
If you have any questions please feel free to contact me.
EMS/act
Attachment
CC01638-08
EDUCATION
WORK
EXPERIENCE
RAQUEL ROTHMAN, ESQ.
~~. Email: rothmanpl@bellsouth.net
UNIVERSITY OF MIAMI SCHOOL OF LAW
GP A 3.45 Juris Doctorate, Cum Laude, May 2002. Admitted Florida Bar, September 2002.
. Courses: Copyright, Trademark, Arts and Entertainment Law Workshop, Internet Law, International
Research Methods, Transactional Skills, Real Estate Transactions.
. CALI Excellence for the Future National Award, Professional Responsibility, May 2002.
. CALI Excellence for the Future National Award, ADR, May 2002.
. Dean's Certificate of Achievement for Alternative Dispute Resolution, May 2002.
. CALI Excellence for the Future National Award, International Research Methods, January 2001.
. Dean's List Fall 2000.
. Dean's Certificate of Achievement for International Research Methods, Fall 2000.
. Dean's Certificate of Achievement for Criminal Procedure, Fall 2000.
. NSU Feinrider Fellowship Recipient for the Inter-American Human Rights Organization, May 2000.
. Member: Entertainment and Sports Legal Society, Civil Comparative Law Society, Cardozo Legal
Society,2000-2002.
. Faculty Computer Committee, 2000-2001.
. Entertainment and Sports Legal Society Annual Symposium, University of Miami, March 2001.
. Music and the Digital Age Seminar, Shephard Broad Law Center, March 2000.
TULANE UNIVERSITY STUDY ABROAD PROGRAM
Summer, 2000. Courses: International Art Law, Transnational Litigation, European Community Law.
CLARK UNIVERSITY Worcester, MA
B.A. Double Major in Business Management and International Development, May 1996.
UNIVERSIDAD METROPOLITANA, Semester abroad, Fall, 1994.
DEVELOPMENT STUDY CENTER, Semester abroad, Spring, 1995.
Miami, FL
Siena, Italy
Caracas, Venezuela
Rehovot, Israel
RAQUEL ROTHMAN, P.L. September 2002 - Presently
Owner Miami, FL
Real Estate, Business Law, Intellectual Property, General Transactions. ATIF Agent, 1031 Exchanges, Purchase/Sale
of Business, Commercial/Residential Leases, Corporate and Partnership formations/ dissolutions, Asset Sales, Etc.
BECKER & POLIAKOFF January 2001 - August 2001
Law Clerk for the E-Commerce and Technology Group Miami, FL
Research, writing, and PowerPoint presentations on issues related to E-Commerce and Technology Law. Published
weekly in the Miami Herald Business Monday under Mark Grossman's Technology Law Column. Published article
for Georgetown University Law Center CLE E-Commerce seminar on Click-Wrap Agreement Enforceability.
Published works available upon request.
REGISTER. COM August 2000
Freelance Contract New York, NY
Coordinated domain name branding registration in Latin America for U.S. companies with trademark interests.
ORINOCO FLOW DECORATIVE IMPORTS 1998 - 1999
Founder/Owner Miami, FL
Established small business import wholesale distributorship of urban crafts by various South American artists.
MERRILL LYNCH INTERNATIONAL BANK 1996 -1997
Marketing Assistant Miami, FL
Coordinated loans, deposits, and foreign exchange deals with fmancial consultants and London traders for high net
worth clients. Advised financial consultants on new and existing loans. Maintained control of incoming, outgoing, and
redeeming collateral in relation to outstanding liabilities. Collected fees and claims for loans and letters of credit.
Analyzed, solved, and compiled a weekly credit margin reports. Trained new domestic marketing personnel.
UNITED NATIONS DEVELOPMENT PROGRAM October 1994 - February 1995
Intern Caracas, Venezuela
Conducted, researched, and designed survey questionnaire to determine needs of environmental non-governmental
organizations in Caracas. Results drafted in a report reviewed at the NY UNDP. Objective ofresearch was to
determine potential fmandal support by UNDP and World Bank.
DEVELOPMENT STUDY CENTER Spring, 1995
Research Rehovot, Israel
Researched effects of government incentives on economic development in the Negev desert. Collected and analyzed
existing data. Interviewed company managers and government officials. Results culminated in a 100 pg research paper.
LANGUAGES Fluent in English, Spanish and Hebrew. Proficient in French and Italian.
SKILLS Skilled in Windows, Macintosh Word, Excel, PowerPoint, ,Internet/Web, Lexis, Westlaw, ATIDS, Doubletime.
Eric M. Soroka
From:
Sent:
To:
Subject:
Attachments:
RAQUEL ROTHMAN, P.L. [rothmanpl@bellsouth.net]
Tuesday, November 18, 2008 9:31 AM
Eric M. Soroka
Special Master for Aventura
MY RESUME.pdf
Dear Mr. Soroka:
Please find my resume attached for your consideration for the Special Master position which may become available with
the City of Aventura.
I have been a resident of Aventura since 1993. I am interested in becoming more involved with the City of Aventura and I
believe my qualifications will be of interest to you. I look forward to being able to help the community keep up with
its slogan as the City of Excellence.
Should you have any questions, please do not hesitate to contact me at 786-303-7529. Thank you for your
consideration.
Sincerely,
Raquel Rothman, Esq.
Raquel Rothman, P.L.
20900 N.E. 30th Avenue
8th Floor
Aventura, FL 33180
Tel.: 786.303.RLAW (7529)
Fax: 305.933.8829
E-mail: rothmanpl@bellsouth.net
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
------------------------
------------------------
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential
and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance
upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error,
please contact the sender and delete the material from any computer. Thank you.
1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City M
DATE: January 5, 2009
SUBJECT: Disbursement of Police Forfeiture Funds
January 13, 2009 City Commission Meeting Agenda Item ~ ~
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $20,000 to purchase rifles and
racks 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
CC01639-09
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka. City Manager
~ ~
~ ~rg. Chief of Police
30 December, 2008
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund. and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Colt AR15 rifles
Rifle racks & installation
$16,000
$4,000
Total Expenditure Request:
$20,000
I certify that this requested expenditure complies with Florida State StaMe
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 !!2t considered in the adoption and approval of the budget
of the Police Department.
Summary
Colt AR15 AR6520 rifles - These rifles will replace and/or supplement tactical
rifles we have already issued to our officers. These rifles enhance our officers
ability. and survivability. in the performance of their duties in the event they
encounter criminals that have similar weapons, or superior numbers. during the
commission of a crime.
Weapons I'lICka - These racks are installed in our vehicles to afford the officer
the ability to carry the above rifles in a secure manner while on duty.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Resolution Declaring Equipment Surplus
January 13, 2009 Commission Meeting Agenda Item 5-J..
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1640-09
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Karen J. Lanke, Information Technology Director
DATE: January 5, 2009
SUBJECT: Surplus Computer Equipment
I am requesting that the computer equipment listed on the attached spreadsheet be
declared surplus property as the equipment no longer meets the needs of the City.
Please let me know if you have any questions regarding this request.
Attachment
City of Aventura
Computer Equipment Inventory
Exhibit A
Asset
# Tag Brand Model Serial Number Type
1 HP PSC2210 MY31 BB34F7 AIO Printer
2 Indian Cash Drawer Co. SLDMX1751675 2489235 Case Drawer
3 2397 Dell DCTR 2ROZ461 Desktop
4 1561 Dell Dimension 4500 6DDFY11 Desktop
5 1541 Dell Dimension 4500 J5JMH11 Desktop
6 1857 Dell Dimension 8300 1DK4631 Desktop
7 Dell Dimension L800R BHS7701 Desktop
8 1589 Dell Optiplex GX260 26MH821 Desktop
9 1590 Dell Optiplex GX260 46MH821 Desktop
10 1634 Dell Optiplex GX260 5WXLQ21 Desktop
11 1667 Dell Optiplex GX260 CFPWV21 Desktop
12 1587 Dell Optiplex GX260 F5MH821 Desktop
13 1588 Dell Optiplex GX260 H5MH281 Desktop
14 1864 Dell Optiplex GX270 72DLJ31 Desktop
15 2396 Dell Optiplex GX280 4RTB361 Desktop
16 Dell Optiplex GX280 B1 D2T61 Desktop
17 2354 Dell Optiplex SX280 FXC1 R51 Desktop
18 Gateway E1600 24745876 Desktop
19 861 Gateway E3200 15471390 Desktop
20 HP Pavilion A317X MXM33800VY Desktop
21 Dell Latitude D600 16LXD51 Laptop
22 Dell Latitude D600 1 CNZM41 Laptop
23 Dell Latitude D600 2PKXD51 Laptop
24 Dell Latitude D600 3BLWR61 Laptop
25 Dell Latitude D600 4CLWR61 Laptop
26 Dell Latitude 0600 4XKXD51 Laptop
27 Dell Latitude D600 4Z3X351 Laptop
28 Dell Latitude D600 4ZMZP51 Laptop
29 Dell Latitude D600 54LXD51 Laptop
30 Dell Latitude D600 59KFD51 Laptop
31 Dell Latitude D600 5CKFD51 Laptop
32 Dell Latitude D600 5DLWR61 Laptop
33 Dell Latitude D600 5YKFD51 Laptop
34 Dell Latitude D600 60LFD51 Laptop
35 Dell Latitude D600 6RKXD51 Laptop
36 Dell Latitude D600 6WKFD51 Laptop
37 Dell Latitude D600 6Z3X351 Laptop
38 Dell Latitude D600 79LXD51 Laptop
39 Dell Latitude D600 94MZP51 Laptop
40 Dell Latitude D600 9Z3X351 Laptop
41 Dell Latitude D600 9ZLZP51 Laptop
42 Dell Latitude D600 BHPPF51 Laptop
43 Dell Latitude D600 C8LWR61 Laptop
44 Dell Latitude 0600 C9LWR61 Laptop
45 Dell Latitude 0600 04KFD51 Laptop
46 Dell Latitude 0600 OFLWR61 Laptop
47 Dell Latitude D600 F9MZP51 Laptop
48 Dell Latitude D600 FHPPF51 Laptop
49 Dell Latitude D600 G8MZP51 Laptop
50 Dell Latitude D600 GD5HF51 Laptop
Page 1 of 2
1/5/2009
City of Aventura
Computer Equipment Inventory
Exhibit A
Asset
# Tag Brand Model Serial Number Type
51 Dell Latitude D600 GFKFD51 Laptop
52 Dell Latitude D600 GSKFD51 Laptop
53 Dell Latitude D600 H2LFD51 Laptop
54 Dell Latitude D600 H2LXD51 Laptop
55 Dell Latitude D600 H4LXD51 Laptop
56 Dell Latitude D600 HBLWR61 Laptop
57 Dell Latitude D600 HCLWR61 Laptop
58 Dell Latitude D600 J2MZP51 Laptop
59 Dell Latitude D600 2JPPF51 Laptop
60 Dell M782 MX08G 1574 76053A8B60B Monitor
61 Dell M782 MY08G157476032AUBA9V Monitor
62 Dell M782 MY08G157476032B1 BCBL Monitor
63 Dell M782 MY08G157476032B1 BCD4 Monitor
64 Dell M782P CN01 K525478032A5GQH Monitor
65 Dell M783 MYOX378247603484BHHA Monitor
66 636 Gateway 700-069CS 17004A395677 Monitor
67 126 Gateway CPD15F23 8454672 Monitor
68 8 IBM 2115-001 23-53961 Monitor
69 Epson TM-U590 ARUGOO0345 Printer
70 Epson TM-U590 ARUKOO0604 Printer
71 Epson TM-U590 ARUK001375 Printer
72 Epson TM-U590 ARUK001381 Printer
73 Epson TM-U590 ARUK001389 Printer
74 Epson TM-U590 ARUK001402 Printer
75 Epson TM-U590 ARWGOO0214 Printer
76 Epson TM-U590 J9TG002666 Printer
77 HP Deskjet 6127 MY38D3B062 Printer
78 HP Deskjet 6940 MY6617R1FT Printer
79 179 HP Deskjet 820Cse SG68811808N Printer
80 HP Deskjet 940C MX25Q1D13P Printer
81 HP Deskjet 960C MX13E1200P Printer
82 1194 HP Photosmart 1218 MY09N13084 Printer
83 Proxima DP6500X AGQN33390102 Projector
84 HP Scanjet 5590 CN463T AOR9 Scanner
85 Topaz 4X3 LCD Model T-L755B TL755BA1L590 Signature Capture
86 APC BP700UC UPS
87 Provideo VM2001B 41692301784 Video Monitor
88 Ultrac KM1200MN M7107090 Video Monitor
Page 2 of 2
1/5/2009
CITY OF A VENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, City Ma
I
THROUGH:
FROM:
Indra Sarju, Purchasing Agent
DATE:
January 6, 2009
SUBJECT: City Surplus Property
The Finance Department is requesting that the items listed on Exhibit A
(attached) be declared surplus property as they no longer meet the needs of the
City.
Upon your review, please let me know if you have any questions or require any
further information.
Attachment
City of Aventura
Furniture, Equipment and Vehicles
Item
LEM Multimix MK1112+8 Stereo Mixer
(10) XLR Microphone with pouch
(8) Proline Microphone Stand with 18" boom
Lightware LCD Projector with soft side case
Terapin CD Audio Video Recorder
Philips Magnavox 19" TV
Panasonic 25" TVNCR with remote
HP Fax
Canon Copier
Toshiba TV
Golf Cart
Dishwasher
Storage Shed
2003 Ford
1997 Chevy
Lanier cassette player
Sony cassette player
Sony Transcriber
Lanier foot pedal
Sony foot control unit
Box misc Motorola phones
Box misc XLR microphone cables
32" Sony TV
One box of bases
Seven Boxes Misc Starplus II desktop phones
Two boxes misc Nextel/Motorola phones
One box misc Panasonic desktop phones
Chair
Chair
Chair
Four Drawer Metal File Cabinet
Cherry Wood Office Chair
Dog Exercise Equipment (2)
Gymnasium Floor Mat
Exhibit A
Asset TaJ:l
Model Serial # !!.
Multimix 12+8 D 108B93121 0272
CAD 22 N/A N/A
Proline N/A N/A
Viewpoint 100 LV A7-01930-C1 N/A
TXOO02 N/A N/A
Smart Series
19PR21 C122 59894571 N/A
PVQ-2511 F1AA45701 N/A
1220 XI MY17CC60X4 1331
PC720 NUH54895/F131700 0056
1890
1000e 116105
Whirlpool DU840CWDB3
0910
Explorer 1 FMZU63KX3U B06492
S-10 1 GCCS14X7V8179893
VW-260 2265663 288
TCM-919 N/A N/A
BM-77 28996 309
LX-055-7 N/A N/A
FS-85 N/A N/A
KV 32FS120 4317062 N/A
N/A
0553
0130
0782
N328
1197216
E'/.. A
CITY OF AVENTURA
POLICE DEPARTMENT
TO:
CE MEMORANDUM
FROM: Steven Steinberg, Chief 0 ice
DATE: 7 January 2009
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Make: Ikon FAX Machine
Model: Super G3
10#: 2177
Serial # : UYS 4 9508
Asset # : 1248
RESOLUTION NO. 2009-_
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.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. This motion was seconded by Commissioner _' and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 13th day of January, 2009.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LE
h-vt
CITY ATTORNEY
EMS/tms
SUSAN GOTTLIEB, MAYOR
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 6, 2009
SUBJECT: Resolution Authorizing Execution of Lease Agreement with South
Tower at the Point Condominium Association to House Police Radio
Equipment
January 13,2009 City Commission Meeting Agenda Item-5-J'
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Lease Agreement with South Tower at the Point Condominium Association to house
police radio equipment.
BACKGROUND
The purpose of this Agreement is for the City to lease space on the roof of the
condominium to house radio equipment to enhance and facilitate radio services in the
north end of Aventura. There is an annual rental fee of $1,200.00 to be paid in monthly
installments of $100.00 on the first of every month.
The term of this Agreement shall be for a period of five (5) years unless terminated by
either party.
EMS/act
Attachment
CC01641-09
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka
City Manager
FROM~~~
Chief of Police
DATE: 6 January 2009
SUBJECT: Lease Agreement
The attached Lease Agreement has been drawn up between the City of
Aventura and the South Tower at the Point Condominium Association, Inc.
The purpose of this agreement is for the city to lease space on the roof of the
condominium to house radio equipment to enhance and facilitate radio services
in the north end of Aventura. There is an annual rental fee of $1,200.00 to be
paid in monthly installments of $100.00 on the first of every month.
The term of this agreement shall be for a period of 5 years unless terminated by
either party.
I request that this Lease Agreement be placed on a Commission agenda for their
review and approval as soon as possible.
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN
THE SOUTH TOWER AT THE POINT CONDOMINIUM
ASSOCIATION AND THE CITY OF AVENTURA TO
HOUSE POLICE RADIO EQUIPMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes the City Manager to
execute and otherwise enter into that certain Lease Agreement, a copy of which is
attached hereto, by and between The South Tower at the Point Condominium
Association and the City of Aventura to house police radio equipment.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who moved its
adoption. The motion was seconded by Commissioner
, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 13th day of January, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
LEASE AGREEMENT
This LEASE AGREEMENT is made this _ day of , 200 between the
SOUTH TOWER AT THE POINT CONDOMINIUM ASSOCIATION, INC., a Florida non-
profit corporation, whose address is 21 055 Yacht Club Drive, A ventura, Florida 33180
(hereinafter referred to as LESSOR), and the CITY OF A VENTURA, a Florida municipality,
whose address is 19200 West Country Club Dr., A ventura, Florida 33180 (hereinafter referred to
as TENANT).
1. LESSOR is the owner of certain real property and the building located at 21055
Yacht Club Drive, A ventura, Florida 33180 (the "Building"). LESSOR hereby leases to
TENANT that area consisting of approximately fifty (50) square feet of space within the
Building (hereinafter the "Building Space") and certain positions on the roof of the Building
(hereinafter the "Rooftop Space"), for the installation of radio facilities, as more particularly
described in Paragraph 1 A herein below and as shown on Exhibit" A" attached hereto and made
a part hereof. The Building Space and the Rooftop Space are hereinafter collectively referred to
as the "Lease Premises." The easement over the area described as the Lease Premises shall be
non-exclusive. Further, TENANT, its agents, employees and contractors shall have the non-
exclusive right to ingress and egress to the Building and Rooftop Space twenty-four (24) hours a
day, seven (7) days a week, subject to reasonable rules and regulations adopted by the LESSOR,
for the installation, maintenance, and operation of the following radio facilities:
A. Radio Facilities, including equipment and antennas, to be installed on the
Building, as more particularly shown on Exhibit "A" attached hereto. The radio facilities include,
but are not limited to the following: (1) Equipment located within the Building Space; (2) Cable
or transmission lines shall run between the Rooftop Space and the radio equipment located
within the Building Space; and (3) Antennas and equipment on the Rooftop Space. The antennas
may be mounted at a sufficient height on the Rooftop Space now or in the future so that the
signals transmitted and received thereby will not be impeded by the Building or any other
structures mounted thereon.
B. TENANT may make such alterations or modifications to the Building
Space and Rooftop Space as are necessary for the installation and operation of its radio facilities,
subject to the prior approval of LESSOR, which approval shall not be unreasonably withheld or
delayed. Prior to commencement of any alteration, TENANT shall submit plans of the proposed
alteration to LESSOR for its approval. LESSOR shall have thirty (30) days after receipt of
Tenant's plans, to review and approve same. Failure on the part of the LESSOR to notify
TENANT within the thirty (30) day period shall constitute a wavier of LESSOR'S rights
hereunder and the plans shall be deemed approved. Any damage to the Building and Rooftop
Space as a result of such alterations or modification shall be restored by TENANT to the original
condition at TENANT's sole expense. Said alterations made by Tenant shall be performed in a
workmanlike manner. Upon the termination of this Lease, TENANT shall remove all of its
equipment from the Building and return building to it original condition.
C. TENANT agrees to install radio equipment of a type and frequency which
will not cause technical interference problems with other equipment located in the Building and
operate the Lessee Facilities in compliance with all FCC requirements including those
prohibiting interference to communications facilities of existing Unit Owners and tenants of the
Building at the time of such installation. TENANT also agrees to install equipment that does not
physically interfere with other equipment installed on the roof. In the event TENANTS
equipment causes material interference, TENANT will take all steps necessary to correct and
eliminate such interference at its sole cost. LESSOR agrees not to allow any Unit Owner's or
tenant's use of the roof of the Building or permit additions and/or modifications to any current
Unit Owner's or tenant's use of the roof to cause interference with or cause the improper
operation of TENANT'S facilities and equipment. LESSOR further agrees not to lease any
portion of the roof or the Building for placement of any other radio or cellular communication
facilities which may interfere with TENANT'S use ofthe Lease Premises.
D. LESSOR shall cooperate with TENANT in TENANT'S effort to obtain
utility services for the operation of its facilities by signing such documents or easements as may
be required by utility companies. LESSOR shall furnish the Lease Premises with electric service
sufficient for the operation of TENANT'S facilities and equipment at TENANT'S sole cost and
expense. Any change in existing electrical facilities required to meet the needs of TENANT'S
equipment shall be made with LESSOR'S prior approval and at TENANT'S expense. Any
special electrical lines, conduit, circuit breaker switches or other electrical facilities located
within the Building shall be installed by a qualified electrical contractor of TENANT'S choice
and at TENANT'S sole expense. All contractors must be approved by the LESSOR. The
LESSOR must be provided a certificate of insurance listing the LESSOR as an additional insured
on the General Liability and workers comp policies along with a copy of the contractor's license.
The contractor is responsible pull all necessary permits.
E. TENANT agrees that all finish work and any construction expense related
to the installation of TENANT'S radio facilities will be at TENANT'S expense. TENANT
further agrees that any damage which occurs as a result of the installation or maintenance of the
radio facilities shall be repaired at TENANT'S sole cost and expense.
2. This Lease Agreement shall be effective as of the date of execution by both
parties ("Effective Date"); provided, however, the initial term of this Lease Agreement (the
"Initial Term") is Five (5) years, commencing thirty (30) days from the date this Agreement is
approved by the City Commission ("Commencement Date"). TENANT shall pay LESSOR, an
annual rental of Twelve Hundred and 00/1 00 Dollars ($1,200.00), plus applicable sales tax, if
any, to be paid in equal monthly installments of One Hundred and 00/1 00 DOLLARS ($100.00)
to be paid monthly on or before the first (15t) day of each month, in advance, to the LESSOR (the
"Rent"). TENANT shall have the option to renew this Lease Agreement for two (2) additional
terms (each a "Renewal Term") of Five (5) years each, unless either party provides notice to the
other party of its intention not to renew not less than ninety (90) days prior to the expiration of
the Initial Term or any Renewal Term. The Rent for the Rental Terms shall remain the same
unless otherwise agreed to in writing by the parties. If TENANT fails to make payment, as
required herein, within fifteen (15) calendar days of the due date for any payment, LESSOR,
after an additional five (5) day cure period, may terminate this Agreement.
3. LESSOR also grants to TENANT the right to survey the Lease Premises and the
legal description on the survey shall then become Exhibit "B" to this Lease, which shall be
attached hereto and made a part hereof, and shall control in the event of discrepancies between it
and Exhibit "A." LESSOR grants TENANT the right to take measurements, make calculations
and to note other structures, setbacks, uses, or other information as deemed by TENANT to be
relevant and pertinent as such information relates to the Lease Premises. The cost of such survey
work shall be borne by TENANT.
4. TENANT shall use the Building Space and Rooftop Space for the purpose of
constructing, maintaining and operating a Radio Communications Facility and uses incidental
thereto, consisting of the mounting of antennas on the Rooftop Space and the placement of
equipment in the Building Space. All improvements shall be at TENANT'S expense. TENANT
will maintain the Rooftop Space and the Building Space in a reasonable condition. It is
understood and agreed that TENANT'S ability to use the Rooftop Space and Building Space is
contingent upon its obtaining, after the execution date of this Lease all of the certificates, permits
and other approvals that may be required by any federal, state or local authorities. LESSOR shall
cooperate with TENANT in its effort to obtain such approvals and shall take no action which
would adversely affect the status of the Rooftop Space and Building Space with respect to the
proposed use thereof by TENANT. In the event that any of such applications should be finally
rejected or radio frequency tests are found to be unsatisfactory or any certificate, permit, license
or approval issued to TENANT is canceled, expires, lapses or is otherwise withdrawn or
terminated by governmental authority so that TENANT, in its sole discretion, will be unable to
use the Building Space and Rooftop Space for its intended purposes, TENANT shall have the
right to terminate this Lease. Notice of the TENANT'S exercise of its right to terminate shall be
given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
upon receipt of such notice by the LESSOR as evidenced by the return receipt.
Any material damage or interference which has resulted from constructing, maintaining
and operating the radio communications facility, transmittal of radio signals, or any use
incidental thereto, including but not limited to airwave interference, damage to the telephone
circuitry, damage to the electrical wiring, damage to any antenna, interference with any Unit
Owner's telephone, satellite or television reception, damage to the Rooftop, piping or cables,
shall be corrected at the sole expense of the TENANT. Upon being given written notice by
LESSOR, TENANT shall have thirty (30) calendar days to commence repairs and/or correct any
damage or interference as outlined herein. Should TENANT fail to commence repairs and/or
correct the interference within the time permitted, same shall constitute a default under the Lease
Agreement. If TENANT fails to cure such default within thirty (30) calendar days after
expiration of the cure period above, LESSOR may terminate this Agreement.
5. Subject to the provisions and monetary limitations of Section 768.28 (5), Florida
Statutes, which limitations shall be applicable regardless of whether such provisions would
otherwise apply, and to the extent permitted by law~~ TENANT shall indemnify and hold
LESSOR harmless against any claims of liability or loss from personal injury, property damage
or otherwise, including any reasonable attorneys' fees and costs incurred by LESSOR, resulting
from or arising out of the use and occupancy of the Building Space and Rooftop Space by the
TENANT, excepting, however, such claims or damages as may be due to or caused by the
willfulness conduct or gross negligent acts of the LESSOR, or its servants, agents, employees,
contractors, or Unit Owners, tenants or occupants of the Building. If TENANT fails to fulfill its
obligations hereunder within sixty (60) calendar days after written notice, LESSOR may
terminate this Agreement. The provision hereof shall survive expiration or termination of this
Agreement.
6. LESSOR agrees that TENANT may self-insure against any loss or damage which
could be covered by a comprehensive general public liability insurance policy. LESSOR and
TENANT agree that the insurance policy limits currently held by TENANT under the Florida
Municipal Insurance Trust (the "Trust"), as evidenced in Exhibit "c" attached hereto, shall be
maintained, at TENANT'S expense, during the term of this Agreement.
7. TENANT shall be responsible for making any necessary returns for and paying
any and all Building taxes separately levied or assessed against its facilities on the Building.
8. TENANT~ upon expiration of the term of this Agreement or the earlier
termination hereof, shall, by the end of the tenancy herein, remove its equipment and facilities
from the Building Space and Rooftop Space and return building to it original condition.
9. LESSOR covenants that TENANT shall peaceably and quietly have, hold and
enjoy the Lease Premises.
10. LESSOR covenants that LESSOR is seized of good and sufficient title and
interest to the real property and Building and has full authority to enter into and execute this
Lease. LESSOR further covenants and represents to TENANT that it has obtained all approvals
required by the Declaration of Condominium, and all amendments thereto, Articles of
Incorporation, Bylaws and Rules and Regulations of South Tower at the Point Condominium
Association, Inc., and will provide TENANT with a duly executed and authorized Resolution of
its Board setting forth these approvals. LESSOR further covenants that there are no liens,
judgments, restrictions, or impediments to title of the Building and lease of the Lease Premises to
TENANT.
11. LESSOR represents and warrants that the Building is in material compliance with
all laws, ordinances, notices, orders, rules, regulations and requirements of any and all federal,
state, or municipal governments or the appropriate departments, commissions, boards and offices
thereof; as well as any and all notices, orders, rules and regulations of the National Board of Fire
Underwriters, or any other body exercising similar functions relating to all or part of the
Building.
12. This Lease and the performance thereof shall be governed, interpreted, construed
and regulated by the laws of the State of Florida.
13. This Lease may not be sold, assigned or transferred at any time without the
written consent of the LESSOR, which consent may be withheld within LESSOR'S sole and
absolute discretion. TENANT may not sublease this Lease, except as otherwise provided herein.
14. All notices hereunder must be in writing and shall be deemed validly given if sent
by certified mail, return receipt requested, addressed as follows (or any other address that the
party to be notified may have designated to the sender by like notice): To LESSOR: South Tower
at the Point Condominium Association, Inc., 21 055 Yacht Club Drive, A ventura, Florida 33180
Attn: President of Board; To TENANT: City of Aventura 19200 West Country Club Dr.,
A ventura, Florida 33180, Attn: Mr. Eric M. Soroka, City Manager
15. This Lease shall extend to and bind the heirs, personal representatives, successors
and assigns of the parties hereto.
16. At LESSOR'S option, this Lease Agreement shall be subordinate to any mortgage
by LESSOR which from time to time may encumber all or part of the Building, provided,
however, every such mortgage shall recognize the validity of this Lease in the event of a
foreclosure of LESSOR'S interest and also TENANT'S right to remain in occupancy of and have
access to the Lease Premises. TENANT shall execute whatever instruments may reasonably be
required to evidence this subordination clause. In the event the Building is encumbered by a
mortgage, the LESSOR, no later than thirty (30) days after this Lease is executed shall have
obtained and furnished to TENANT a Non- Disturbance instrument in recordable form for each
such mortgage.
17. If the whole of the Building or such portion thereof as will make the Building
unusable for the purposes herein leased, are condemned by any legally constituted authority for
any public use or purpose, then in either of said events the term hereby granted shall cease from
time to time when possession thereof is taken by public authorities, and rental shall be accounted
for as between LESSOR and TENANT as of that date. Any lesser condemnation shall in no way
affect the respective rights and obligations of LESSOR and TENANT hereunder. Nothing in this
provision shall be construed to limit or affect TENANT'S right to an award of compensation of
any eminent domain proceeding for the taking of TENANT'S leasehold interest hereunder.
18. If LESSOR needs to repair or replace the roof for any reason, TENANT shall,
upon LESSOR'S demand, move and re-Iocate any equipment therein at its sole expense.
19. In connection with any litigation arising out of this Lease, the prevailing party,
whether LESSOR or TENANT, shall be entitled to recover all reasonable costs incurred
including reasonable attorney's fees for services rendered in connection with any enforcement or
breach of contract, including appellate proceedings and post judgment proceedings. The
provisions hereof shall survive expiration or termination of this Agreement.
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public heath unit.
20. LESSOR shall hold TENANT harmless from and indemnify TENANT against
and from any damage, loss, expenses or liability resulting from the discovery by any person of
hazardous substances generated, stored, disposed of, or transported to or over the Building, as
long as such substance was not stored, disposed of, or transported to or over the Building by
TENANT, its agents, contractors, employees, or invitees. TENANT shall hold LESSOR
harmless from and indemnify LESSOR against and from any damage, loss, expenses or liability
resulting from the installation, constructing, maintaining and operating the radio communications
facility and any use incidental thereto. LESSOR acknowledges that TENANT is a municipal
corporation, that it does not waive sovereign immunity, and that the monetary limits of liability
under 9768.28 F.S. apply to each of its indemnification obligations hereunder under this Lease
Agreement regardless of whether said monetary limits are otherwise applicable.
21. LESSOR shall permit TENANT to utilize LESSOR'S existing generator on the
Building to provide back-up power to the TENANT'S Facilities, provided that the additional
load does not exceed the capacity of the existing generator as determined by an electrical
engineer. All engineering, material and labor costs needed to connect the equipment to the
generator will be paid for by the TENANT.
22. This Lease shall be executed in three (3) counterparts, each of which shall be
deemed an original, and such counterparts shall constitute but one and the same Lease.
LESSOR:
SOUTH TOWER AT THE POINT
CONDOMINIUM ASSOCIATION, INC., a Florida
non-profit co orati
By:
Print 1=:.-A.-^,,,,n:
Title: ..:5~ c 1\...... 4(.\ tt...r
TENANT:
CITY OF AVENTURA, FLORIDA
By:
Print Name:
Title:
Attest:
City Clerk
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: January 8, 2009
FROM: Eric M. Soroka, ICMA-CM, Cit
SUBJECT: Resolution Authorizing Execution of Development Agreement for
Design and Build of Ten Classroom Addition to Charter School
Facility
January 13,2009 City Commission Meeting Agenda Item s: I~
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the
Development Agreement for the design and build of the ten (10) classroom addition to
the Charter School Facility between the City and Kaufman Lynn, Inc., General
Contractors.
BACKGROUND
Resolution No. 2008-37 selected the firm of Kaufman Lynn, Inc., General Contractors to
design and build ten (10) classroom additions to the Charter School and authorize the
City Manager to negotiate the terms and fees for said services.
The agreed upon plans include adding four new classrooms to the elementary wing and
six new classrooms to the middle school wing. Attached is the Agreement that has
been negotiated with the contractor for the design and construction of the school
addition. It is a similar document utilized at the time the middle school wing was
constructed.
The major points of the Agreement are as follows:
1. The documents filed in response to RFQ #08-07-18-2 have been incorporated in
the document.
2. Establishes a contract price of $2,099,000 for the 10,000 square feet addition
including architect / engineering services, contract administration and
Memo to City Commission
Page 2
management and site improvements. The price is consistent with a previous
estimate provided by a third party architect.
3. Requires a Temporary Certificate of Occupancy be acquired for the school no
later than August 14, 2009.
4. Establishes requirements for payment and performance bonds and insurance.
5. The contractor is responsible for taking the necessary precautions to ensure that
the construction does not interfere with the current school operations.
Funding for this project is available in the Charter School Fund. A budget amendment
will be required to allocate additional funding from the school reserve account beyond
the $1,600,000 currently budgeted.
If you have any questions, please feel free to contact me.
Attachment
CC01642-09
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
DEVELOPMENT AGREEMENT TO DESIGN AND BUILD
TEN CLASSROOMS ADDITION TO A VENTURA
CHARTER SCHOOL BETWEEN THE CITY OF AVENTURA
AND KAUFMAN LYNN, INC., GENERAL CONTRACTORS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING 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 to execute the attached
Development Agreement to design and build ten classrooms addition to the Aventura
Charter School between the City of Aventura and Kaufman Lynn, Inc., General
Contractors, subject to final approval by the City Attorney as to legal sufficiency.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
a vote, the vote was as follows:
, who moved its
and upon being put to
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. 2009-
Page 2
PASSED AND ADOPTED this 13th day of January, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
City ATTOR.NEY
EMS/tms
o
<
en
~
r
r
'"
=<
m
"
r
>
Z
ii'~
:j!::
>
>
rl
r - - - - UNSUBDI\OlOED
- - - - - - - - - uNSU80IVlDED - - - - - ~ J ~T:~~ ;~T~..~:=J;
Ii
,I
II
;u
:2:
)>
-<
II
~
~
.
"
z
~fT1
~
~
Ci...
:DOJ
GiOJ
I-I
~I
"
~
~
:2:
,----------..,
, ,
, , )>
,
,
, -j
,
_________-.1
rl
~ ;U
m 0
~ ~ ~ ~ :2:
~
z ~ 0
b ~
" )>
b
0
-<
~
~Ul
-I
1]
m
m
-I
^
m
-<
;l1
>
z
. 0
~
~
<;
o ~
~ " ~
~ l"C' ~
~ FHi ~
1<<1 ~
1:''''1
1.:.'.:.:.:1 0
t'::t i ~
U::'l
LJ
O~ ~. I H .
~l 3~ "
i~ !~ ~
~~ ~ ~ , 0 ~
~ ~ . .
!
.
EJjZ
)>~
:-""1
c;:)
c;:)
DESIGN DEVELOPMENT
'-';3~~~-"""" ~3>-&>n ~
I~~~~~~' ~I~~!I~'
En!: ~s~ Uil'h~
8~ O;;l'i\~ ~ """'i!'.!l'''i
~~ ~88 ~o~,,~~~
5 '" !;'
........... 2:! ~ ~
~ ~ ~-
H
- ;
~ ~ I
~ I il'
~ ~
I ~~~~ I
i -i~~ ~
\l~~
~~~
~
--.
~--
i!",~
U~n ,.........
I~i"~
i ~m:li~~=-
lN3l^ld013^30 N91S30
n
:!I:!I
:;;~~i
i:'iE;;;:.
~0 ~h
W
-
~
l;lz
n
~~~ _I
ii~ U
'"
~
;f.
~
:Ii
.....
~
N
1<(
.
~
2
~
~
.
~~
I'
g~
~~
!I il
g ~~
~o
~g~
~L
U"
H~
ll!~~
~~~
~!~
.
,
~
.
. ,
H
zEB
ro
~
i
r
~
~
o.
z
:"i
0-
>-
UJ
'"
~h
~~~
10.ce."
z
o
>=
15
Ol
<(
::<
o
o
'"
(fJ
(fJ
:"i
o
z-'
:"i8
O-I
",0
0'"
~~
01-
Zz
:JUJ
0::<
"'~
CJUJ
~
"^'
N
.
~~.
n~ ---+-----1
.
~ .. ~h
~~s
~u "" Z
0
>=
15
Ol
<(
::<
0
~ IE
~ ~S~ (fJ
~~! ~
0
~~ ~ is
w'o
0
I
0
Ol(fJ
zUJ
:J-'
OOl
",Q
CJ::<
~
~~
il"
U~U r.:;;.=
Ih~1 =--
IN3Vid0l3^30 N81S30
'"
o
1i'
~
z~ 88
o <M
~ U
"'''~~i
~::lE~'
-
~
~~
~~
~~~
"~~
i~~
i
.
~ ~
n
"
~
1f.
~
~
! 'j
! ,
.
a Iii
i"i
g~ ~
~5l .
~ ~ C'oI
:;j~i<C
j!~~
~oi
!Ii
~
i
z
:5
"-
>-
w
'"
z
o
;::
15
o
<(
::;;
o
o
'"
(/)
5
o
-'
zo
~~
"-0
"'Ul
0>-
0",
Li~
Oz
zw
0::;;
Ow
w-,
(/)w
N
~
~0 8"
.2
~.
~0
~ ~0
~8"
'" ~ ~"~
~0 W
llV31::>
.1-.6
~ "' h
"
d' z
0
;::
15
0
<(
::;;
0
~~ z ~ ~
~ M (/)
.~ z(/)
.~. gz~ :5:5
h~ ~~~ 0.0
~~a ~5
00
-,"
,,-0
O(/)
Zw
0-'
bj~
(/)::;;
'~U1'i1I"n,,"'pul"l\l~~il~ -
~
I
~
.
~
~~
g~
~~
u,
I
-~ ~
~
"
,
8"
!~
t
~9
i"
d
.S~
M
'Ii
~~~
E~a
~~
~.!
-EB
~o
~
"
~
o.
~"
~~
o
~
o
10
I.i.".,
"i";:::>~
DEVELOPMENT AGREEMENT
between
KAUFMAN LYNN, INC., GENERAL CONTRACTORS
and
THE CITY OF AVENTURA
For
DESIGN AND BUILD ELEMENTARY AND MIDDLE SCHOOL
CLASSROOM ADDITIONS TO CHARTER SCHOOL
Table of Contents
Articles
Paae
ARTICLE 1- DEFINITIONS
2
ARTICLE 2 - CONTRACT DOCUMENTS
4
ARTICLE 3 -SCOPE OF WORK
6
ARTICLE 4 - CONTRACT TIME
7
ARTICLE 5 -CONTRACT SUM
7
ARTICLE 6 DESIGN BUILDER'S RESPONSIBILITIES
8
ARTICLE 7 -CITY'S RESPONSIBILITIES
15
ARTICLE 8 -CITY MANAGER'S RESPONSIBILITIES
15
ARTICLE 9 -BONDS AND INSURANCE
16
ARTICLE 10 - WARRANTIES; TESTS AND INSPECTIONS:
CORRECTION OF DEFECTIVE WORK
21
ARTICLE 11- CHANGE OF CONTRACT TIME
24
ARTICLE 12 - COST OF WORK
25
ARTICLE 13 - PAYMENTS TO DESIGN BUILDER AND COMPLETION OF WORK
25
ARTICLE 14. TERMINATION OF THE AGREEMENT
28
ARTICLE 15 - NOTICE, COMPUTATION OF TIME
ARTICLE 16 - MISCELLANEOUS
30
31
ARTICLE 17 -ASSIGNMENT
32
ARTICLE 18- SPECIFIC PERFORMANCE
32
ARTICLE 19- HAZARDOUS SUBSTANCES
32
DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE
A VENTURA ELEMENTARY AND MIDDLE SCHOOL ADDITION TO THE CHARTER
SCHOOL
THIS AGREEMENT, made and entered into this_ day of
and between:
, 2009 by
CITY OF AVENTURA,
a Florida municipal corporation
19200 West Country Club Drive
Aventura, Florida 33180
(hereinafter referred to as "CITY")
AND
KAUFMAN LYNN, INC., GENERAL CONTRACTORS, a
Florida corporation,
622 Banyan Trail, #300
Boca Raton, FL 33431
(hereinafter referred to as "DESIGN BUILDER")
WHEREAS, the CITY issued RFO # 08-07-18-2 to design and build a six (6)
classroom addition to the Middle School and a four (4) classroom addition to the
Elementary School for the City of Aventura at the site located at 3333 N. E. 188th Street,
Aventura, Florida hereinafter referred to as "Site"; and
WHEREAS, after extensive review of the submittal by City staff, staff
recommended that Kaufman Lynn, Inc., General Contractors be selected to design and
build Elementary and Middle school classroom additions to Charter School for the City
of Aventura; hereinafter referred to as "Facility"; and
WHEREAS, Design Builder, has developed a team which includes the firm of
PGAL Architects who have a unique level of expertise in the design and construction of
school projects; and
WHEREAS, at the September 9th, 2008, City Commission meeting, the
Commission approved a Resolution selecting the firm of Kaufman Lynn, Inc. General
Contractors to design and build Elementary and Middle school classroom additions to
Charter Schools for the City of Aventura and authorizing the City Manager to negotiate
the terms and fees and finalize agreements necessary to implement said Resolution.
WHEREAS, it is in the best interests of the CITY to enter into a Design-Build
Agreement (hereinafter referred to as "Agreement") with Kaufman Lynn, Inc., General
1
Contractors to design and construct the Facility; now, therefore,
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
ARTICLE 1- DEFINITIONS
Wherever used in this Agreement or in the other Contract Documents the
following terms have the meanings indicated which are applicable to both the singular
and plural thereof:
1.1 Aareement - The written agreement between CITY and DESIGN BUILDER
covering the Work to be performed including other Contract Documents that are
attached to the Agreement or made a part thereof.
1.2 CITY - The City of Aventura with whom DESIGN BUILDER has entered into the
Agreement and for whom the Work is to be provided.
1.3 City Manaaer - The City Manager or his designee (hereinafter referred to as
"Manager") of the City of Aventura, who has the authority on behalf of the CITY
to grant or deny approvals, conduct reviews and inspections, and perform the
CITY's responsibilities required by this Agreement.
1.4 Contract Documents - The Contract Documents consist of the Agreement and
the Exhibits attached thereto, the Schedule of Values, the Plans and
Specifications, Non-Collusive Affidavit, Public Entity Crimes Form, Notice to
Proceed, Certificate(s) of Insurance, Payment and Performance Bonds, all
applicable provisions of State, Federal or local law (incorporated herein by
reference), the Florida Building Code, the Florida Fire Prevention Code, including
reference documents, the response to RFP #08-07-18-2, design and build
classroom additions to Charter Schools for the City of Aventura as submitted by
DESIGN BUILDER dated July 18th, 2008 (the "RFQ Response"), and any
additional documents which are required to be submitted under the Agreement,
and all amendments, modifications and supplements issued on or after the
effective date of the Agreement.
1.5 Defective -An adjective which when modifying the Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference
standard, test or approval referred to in the Contract Documents, or has been
damaged prior to final payment.
1.6 DESIGN BUILDER - Kaufman Lynn, Inc., General Contractors having
2
responsibility for the design and construction of the facility.
1.7 Drawinas -The drawings which show the character and scope of the Work to be
performed and which are referred to in the Contract Documents.
1.8 Effective Date of the Aareement - The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the date on
which the Agreement is signed and delivered by the last of the two parties to sign
and deliver.
1.9 Notice to Proceed -A written notice given by CITY to DESIGN BUILDER fixing
the date on which the DESIGN BUILDER shall have access to the Site for the
purpose of completing the construction in accordance with this Agreement.
1.10 Sub-contractor - An individual, firm or corporation having a direct Contract with
DESIGN BUILDER or with any other Sub-contractor for the performance of a part
of the Work at the site.
1.11 Work - Work is the result of performing services, specifically, including but not
limited to, professional design services and construction, furnishing labor,
equipment and materials incorporated, used or incorporated in the design and
construction of the entire project as required by the Contract Documents.
1.12 Written Amendment - A written amendment of the Agreement and/or the
Contract Documents, signed by CITY and DESIGN BUILDER on or after the
Effective Date of the Agreement and normally dealing with the non-engineering,
non-architectural, or non-technical aspects, rather than strictly Work related
aspects.!. of the Contract Documents.
3
ARTICLE 2 - CONTRACT DOCUMENTS
2.1 Enumeration of Contract Documents:
2.1.1 The Contract Documents which comprise the entire agreement between
CITY and DESIGN BUILDER are attached or incorporated by reference and
made a part of this Agreement hereof and consist of the following:
(1) This Agreement (pages 1 to 35, inclusive) together with all Exhibits and
Attachments thereto.
(2) Schedule of Values, attached hereto and incorporated herein as Exhibit
"A" to this Agreement.
(3) Plans and Specifications , attached hereto and incorporated herein as
Exhibit "B" to this Agreement.
(4) Project schedule incorporated herein as Exhibit "C".
(5) Construction performance bond, consisting of _pages.
(6) Construction payment bond, consisting of _pages.
(7) Insurance certificate, consisting of _page.
(8) Notice to Proceed.
(9) All applicable provisions of State, Federal or local law (incorporated herein
by reference), the Florida Building Code, and the Florida Fire Prevention Code,
including reference documents.
(10) Plans and Specifications.
(11) Non-Collusive Affidavit
(12) Public Entity Crimes Form
(13) The RFQ Response
(14) Any modification duly delivered after execution of Agreement.
4
(15) Clarification & Assumptions with Final Lump Sum, to be added by
addendum or change order as Exhibit "D".
(16) Current Labor Rate incorporated herein as Exhibit "E".
2.2 Entire Agreement:
The Contract Documents comprise the entire Agreement between CITY and
DESIGN BUILDER concerning the Work. The Contract Documents are complementary;
what is called for by one is as binding as if called for by all. The Contract Documents will
be construed in accordance with the laws of the State of Florida. In the case of conflicts
between the provisions of this Agreement, any ancillary documents executed
contemporaneously herewith or prior hereto, or any other design-build documents, the
hierarchy of the Contract Documents and Precedence contained in the Clarifications
and Assumptions outlined in Exhibit D shall govern.
2.3 Intent:
2.3.1 It is the intent of this Agreement to provide for the requirements of the
DESIGN BUILDER to design and construct the Facility in accordance with the RFQ
Response and plans and specifications approved by CITY, hereby incorporated by
reference as one of the Contract Documents, and to meet the requirements of the
Second Amendment to the Charter School Contract (Second .Amendment) to provide for
Elementary and Middle school classroom additions to existing charter schools to be
approved by the School Board of Miami-Dade County (School Board) and to complete
the Facility on or before the commencement of the 2009 School Year pursuant to the
requirements of Paragraph 4.3 of this Agreement.
2.3.2 It is the intent of the Contract Documents to describe a functionally
complete Facility consisting of total design performed by design professional and
construction to be completed in accordance with the Contract Documents. Any Work,
materials or equipment that may reasonably be inferred from the Contract Documents
as being required to produce the intended result will be supplied whether or not
specifically called for. When words which have a well known technical or trade meaning
are used to describe Work, materials or equipment, such words shall be interpreted in
accordance with that meaning. Reference to standard specifications, manuals or codes
of any technical society, organization or association, or to the laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall
mean the latest standard specification, manual, code or laws or regulations in effect at
the time of contract award, except as may be otherwise specifically stated. However, no
provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to
change the duties and responsibilities of CITY, DESIGN BUILDER, or any of their
5
consultants, agents or employees from those set forth in the Contract Documents.
2.3.3 It is the intent of this Agreement and the Contract Documents to provide for
the DESIGN BUILDER and the DESIGN BUILDER's architect to design and construct
the Facility in accordance with the requirements of the Florida Building Code, including
Chapter 423 (SREF), and the Florida Fire Prevention Code, including reference
documents, applicable state laws and rules, and federal law and rules, and all life/safety
mandates and mandates resulting from the specified educational program. Certification
of compliance with these requirements shall be demonstrated pursuant to School Board
requirements specified in the Charter School Contract and Second Amendment, by the
DESIGN BUILDER providing a signed and sealed statement from the architect of record
stating that "I have designed and inspected the subject facility, and to the best of my
knowledge and ability have determined that: the project is in compliance with applicable
federal laws and rules, applicable state statutes and rules, the Florida Building Code,
including Chapter 423 (SREF), and the Florida Fire Prevention Code, including
reference documents, and that no asbestos containing materials were specified for use
in this building, nor were asbestos containing materials used in the construction of this
project."
2.4 Representation of DESIGN BUILDER:
Execution of the Agreement by the DESIGN BUILDER is a representation that
DESIGN BUILDER has visited the Site and become familiar with the local conditions
under which the Work is to be performed. If conditions are encountered at the Site
which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract Documents or (2) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then written notice by the DESIGN BUILDER
shall be given to the CITY promptly before such conditions are disturbed. If the
conditions differ materially from those indicated in the Contract Documents and were
not known to the DESIGN BUILDER at the time this Agreement was executed, and
cause a material increase or decrease in the DESIGN BUILDER's cost of, or time
required for, performance of any part of the Work, an equitable adjustment in the
Contract Sum (including extended general conditions at $1,646.00/calender day) or
Contract Time, or both, will be made.
2.5 Before Commencing Operations:
Before undertaking each part of the Work, DESIGN BUILDER shall carefully study
and compare the Contract Documents and check and verify pertinent figures shown
thereon. DESIGN BUILDER shall promptly report in writing to CITY any conflict, error or
discrepancy which DESIGN BUILDER may discover and shall obtain a written
interpretation or clarification from the MANAGER before proceeding with any Work
affected thereby. If the DESIGN BUILDER performs any construction activity knowing it
6
involves a recognized conflict, error, or discrepancy without such notice, the DESIGN
BUILDER shall assume responsibility for such performance and shall bear the
attributable costs for correction.
ARTICLE 3 -SCOPE OF WORK
3.1 DESIGN BUILDER shall provide all labor, services and materials necessary to
design, permit, construct and complete the Facility pursuant to the requirements of this
Agreement, Contract Documents and as generally defined in the RFP Response and as
further defined by the approved site plan contained in Exhibit B and construction
documents. In the event of conflict between the RFP Response and this Agreement,
this Agreement shall prevail. All other conflicts shall be governed by the procedure
outlined in Section 2.2 of this Agreement.
ARTICLE 4 - CONTRACT TIME
4.1 TIME IS OF THE ESSENCE OF THIS AGREEMENT. DESIGN BUILDER
acknowledges that time is of the essence in the completion of this project. The
construction to be performed under this Agreement shall be commenced within seven
(7) calendar days after permits are issued to DESIGN BUILDER and/or CITY as
required and the Notice to Proceed is issued. In addition, DESIGN BUILDER
acknowledges and agrees that Facility must be substantially completed so that it is
available for operation for the commencement of the 2009 School Year pursuant to the
requirements of Paragraph 4.3 of this Agreement.
4.2 The DESIGN BUILDER further agrees that all Work under this Agreement shall be
prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure
full completion thereof within the time specified and any agreed upon time extensions.
Failure to achieve timely, substantial and/or final completion shall be regarded as a
material breach of this Agreement and subject to the appropriate remedies.
4.3 DESIGN BUILDER acknowledges and agrees that there must be at least a
temporary certificate of occupancy issued for the Facility, pursuant to the requirements
of the Florida Building Code, as further specified in Paragraph 6.2 of this Agreement, no
later than August 14th, 2009, to ensure that the Facility is ready for the commencement
of the 2009 School Year. Should CITY determine that the Facility will not be available
for occupancy on or before August 14th, 2009, DESIGN BUILDER agrees to comply
with the provisions of Section 11.1.2 of this Agreement. Upon the issuance of a
temporary certificate of occupancy for the Facility, DESIGN BUILDER agrees to
proceed diligently and with all deliberate speed, to complete any Work remaining under
this Agreement, such that a permanent certificate of occupancy is issued within the
timeframes prescribed by law.
7
ARTICLE 5 -CONTRACT SUM
5.1 CITY shall pay DESIGN BUILDER in current funds as full compensation for the
performance of all the Work the lump sum of Two Million and Ninety Nine Thousand
Dollars ($2,099,000.00). This lump sum shall include but not be limited to the following:
Architect/Engineering;
Contract Administration and Management;
Construction of an approximately 10,000 s.f. Elementary and
Middle School Classroom Addition;
Site improvements.
5.2 CITY and DESIGN BUILDER acknowledge that this is a lump sum agreement for
the price of Two Million, and Ninety Nine Thousand Dollars ($2,099,000.00); however,
should the CITY request an addition, deletion or revision to the scope of Work in writing
which would cause a change in the contract sum, a change order will be generated and
agreed upon and issued revising the Contract accordingly. Any and all changes to the
scope of Work shall be done to maintain the integrity of an operational charter school
which meets the requirements of the Charter School Contract, the First Amendment and
Second Amendment as approved by the School Board, and the applicable state
statutes.
ARTICLE 6 DESIGN, BUILDER'S RESPONSIBILITIES
6.1 Design Respbnsibilities:
6.1.1 DESIGN BUILDER shall determine the general scope, extent and
character of the Work, in compliance with the Contract Documents and DESIGN
BUILDER shall submit preliminary design documents to CITY, for review and
authorization to proceed with the final design preparation. DESIGN BUILDER
shall incorporate CITY's comments into the design documents and prepare final
construction documents and diagrams setting forth in detail the requirements for
construction of the Work and submit the same to CITY, for approval prior to
commencing construction of the Work. All final design documents, plans, reports,
studies and other data prepared by DESIGN BUILDER shall bear the
endorsement of a person in the full employ of DESIGN BUILDER or sub-
contractor and duly registered in the appropriate professional category. DESIGN
BUILDER is responsible to submit and obtain all required construction drawing
approvals prior to submittal to the city building department to obtain the building
permit.
6.1.2 After CITY'S acceptance of the final construction documents, the original
set of DESIGN BUILDER'S final construction documents shall be provided to
CITY along with two (2) record sets of full size prints. DESIGN BUILDER or its
sub-contractor shall signify, by affixing an endorsement (seal/signature, as
8
appropriate) on every sheet of the record set, that the Work shown on the
endorsed sheets was produced by DESIGN BUILDER. Upon approval of the final
construction documents, CITY shall issue a written authorization to commence
construction.
6.1.3 All tracings, plans, drawings, diagrams, specifications, maps, reports and
other design documents prepared or obtained under this Agreement shall be
considered works made for hire and shall become the property of CITY without
restriction or limitation on their use for this project pursuant to the requirements
of this Agreement. However, if the documents are modified in any manner by the
CITY without the approval of DESIGN BUILDER or DESIGN BUILDER's
architect, CITY's use of the documents are at CITY's sole risk.
6.1.4 All services shall be performed by DESIGN BUILDER to the satisfaction
of the CITY who, upon making a determination of acceptance or satisfaction
shall utilize approved professional standards. Manager, or his designee, shall
decide all questions, and disputes of any nature whatsoever that may arise by
reason of the execution of this Agreement and the prosecution and fulfillment of
the services hereunder.
6.1.5 Design shall be performed by qualified architects, engineers and other
professionals duly licensed by the State of Florida and holding current
certificates of registration under the laws of the State of Florida to practice
architectural and/or engineering and who are selected and paid by the DESIGN
BUILDER.
6.2 Applicable Building Code:
The DESIGN BUILDER and the DESIGN BUILDER's architect will design and
construct the Facility in accordance with the requirements of the Florida Building Code,
including Chapter 423 (SREF), and the Florida Fire Prevention Code, including
reference documents, applicable state laws and rules, and federal law and rules, and
all life/safety mandates and mandates resulting from the specified educational program.
Certification of compliance with these requirements shall be demonstrated pursuant to
School Board requirements specified in the Charter School Contract First Amendment
and Second Amendment, by the DESIGN BUILDER providing a signed and sealed
statement from the architect of record stating that "I have designed and inspected the
subject facility, and to the best of my knowledge and ability have determined that: the
project is in compliance with applicable federal laws and rules, applicable statue
statutes and rules, the Florida Building Code, including Chapter 423 (SREF), and the
Florida Fire Prevention Code, including reference documents, and that no asbestos
containing materials were specified for use in this building, nor were asbestos
containing materials used in the construction of this project."
9
6.3 Liability for use of Work for Intended Purpose:
As an inducement for CITY to enter into this Agreement, DESIGN BUILDER has
represented an expertise in designing and constructing schools and educational
facilities. In reliance upon those representations, CITY hired DESIGN BUILDER to
provide professional design services and complete construction services. DESIGN
BUILDER shall be liable for any defective or negligent design, whether patent or latent,
and/or any negligence, strict liability or breach of other legal duty as such may be found
by a court of competent jurisdiction.
6.4 Supervision and Superintendence:
DESIGN BUILDER shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying DESIGN BUILDER'S best skill,
attention and expertise. DESIGN BUILDER shall be solely responsible for and have
control over the means, methods, techniques, sequences and procedures of
construction. DESIGN BUILDER shall be responsible to see that the finished Work
complies accurately with the Contract Documents, and approved final construction
documents. CITY shall have the authority to reject Work that does not comply with the
Contract Documents.
6.5 Superintendent
DESIGN BUILDER shall keep on the. Site at all times during its progress a
competent superintendent who shall not be replaced without written notice to CITY
unless the superintendent proves to be unsatisfactory to DESIGN BUILDER and ceases
to be in his employ.
6.6 Labor:
6.6.1 Construction services shall be performed by qualified construction
contractor licensed to do business in the State of Florida and suppliers, selected
and paid by the DESIGN BUILDER.
6.6.2 DESIGN BUILDER shall provide and pay for competent, suitably qualified
personnel to perform the Work as required by the Contract Documents. DESIGN
BUILDER shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them. DESIGN BUILDER shall at all times maintain good
discipline and order at the Site. Except in connection with the safety or protection
of persons or the Work or property at the Site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, all Work at the Facility which is
exterior to the Facility, i.e., roofing, HVAC installations, any and all external
structure renovations, shall be performed during the hours of 7:00 am. and 6:00
p.m., unless otherwise approved by CITY.
10
6.7 Materials:
6.7.1 Unless otherwise specified herein, DESIGN BUILDER shall furnish, pay
for and assume full responsibility for all materials, equipment, transportation,
machinery, tools, appliances, water, heat, utilities and all other facilities and
services necessary for the furnishing, performance, testing, start-up and proper
completion of the Work.
6.7.2 DESIGN BUILDER warrants that all materials and equipment shall be of
good quality and new, unless otherwise provided in the Contract Documents and
that the construction will be free from defects whether patent or latent in nature.
All materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned in accordance with the instructions of the applicable
Supplier except as otherwise provided in the Contract Documents.
6.8 Concerning Sub-contractors, Suppliers and Others:
6.8.1 Prior to the commencement of any specific Work hereunder, and prior to
award of any subcontracts, DESIGN BUILDER shall furnish, in writing to CITY,
the names of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal portion of
the Work. CITY shall advise DESIGN BUILDER, in writing, of any proposed
person or entity to which CITY has a reasonable objection. Failure of CITY to
reply promptly shall constitute notice of no reasonable objection. DESIGN
BUILDER shall not contract with a proposed person or entity to whom CITY has
made a reasonable and timely objection. If CITY has reasonable objection to a
person or entity proposed by DESIGN BUILDER, DESIGN BUILDER shall
propose another to whom CITY has no reasonable objection.
6.8.2 DESIGN BUILDER shall be fully responsible to CITY for all acts and
omissions of the DESIGN BUILDER'S employees, Sub-contractors, Suppliers
and other persons directly or indirectly employed by his Sub-contractors,
suppliers and of persons for whose acts any of them may be liable and any other
persons and organizations performing or furnishing of the Work under a direct or
indirect Contract with DESIGN BUILDER. Nothing in the Contract Documents
shall create any Contractual relationship between CITY and any such Sub-
contractor, supplier or other person or organization, nor shall it create any
obligation on the part of CITY to payor to see to the payment of any moneys due
any such Sub-contractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
6.8.3 All Work performed for DESIGN BUILDER by a Sub-contractor will be
pursuant to an appropriate agreement between DESIGN BUILDER and the Sub-
11
contractor which specifically binds the Sub-contractor to the applicable terms and
conditions of the Contract Documents for the benefit of CITY.
6.8.4 DESIGN BUILDER shall provide the CITY with access to the site and
work at reasonable times for the installation of all furniture and equipment
needed to operate the Elementary and Middle school addition. It is understood
that the CITY will be responsible for ensuring that any and all damage caused by
such installation shall be corrected, without affecting the contract time.
6.9 Patent Fees and Royalties:
DESIGN BUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of
any invention, design, process, product or device which is the subject of patent rights or
copyrights held by others.
6.10 Permits:
DESIGN BUILDER shall obtain and CITY shall pay for all necessary approvals,
permits and licenses. DESIGN BUILDER shall pay all governmental charges and
inspection fees necessary with the exception that municipal permit and inspection fees
related to this Agreement shall be waived, to the extent allowed.
6.11 Laws and Regulations:
DESIGN BUILDER, including all of DESIGN BUILDER"S services and the Work,
shall comply with and give all notices required by laws, ordinances, rules, regulations
and lawful orders of public authorities applicable to the performance of the Work. CITY
shall not be responsible for monitoring DESIGN BUILDER'S compliance with any laws
and regulations. DESIGN BUILDER shall promptly notify CITY if the Contract
Documents are observed by DESIGN BUILDER to be at variance therewith. In the
event of such variance, DESIGN BUILDER, at its cost and expense shall revise the
Contract Documents to comply with such laws, and correct those portions of the Work, if
any, constructed pursuant to the non-compliant Construction Documents.
6.12 Risk of Loss; Title:
The risk of loss, injury or destruction shall be on DESIGN BUILDER until
acceptance of the Work by CITY. Title to the Work shall pass to CITY upon acceptance
of the Work by CITY.
6.13 Taxes:
DESIGN BUILDER shall pay all sales, consumer, use and all other taxes
12
required to be paid in connection with the Work in accordance with the laws and
regulations of the State of Florida and its political subdivisions. DESIGN BUILDER is
responsible for reviewing the pertinent state statutes involving such taxes and
complying with all requirements.
6.14 Elementary and Middle School Operations:
DESIGN BUILDER acknowledges the existing operations of the Charter School.
DESIGN BUILDER shall provide for the safety and protection of the students, staff, and
other persons from and during the performance of the Work and shall ensure that the
Work does not unreasonably interfere with the regular operations of the Schools. The
regular operations of the Schools shall include, but not be limited to, the regular school
day, scheduled before and after school activities, and parent/bus drop-off and pick-up
times. All Work to be performed on the School site shall be performed within the
designated construction area, unless otherwise approved by the CITY.
6.15 Use of Premises:
6.15.1 DESIGN BUILDER shall confine equipment, the storage of materials
and equipment and the operations of workers to the Site and areas identified in
and permitted by the CITY and Contract Documents and shall not unreasonably
encumber the Site with equipment or other materials. DESIGN BUILDER shall
assume full responsibility for any damage to any such land or area, or to the
owner or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against CITY by
any such owner or occupant because of the performance of the Work, DESIGN
BUILDER shall promptly attempt to settle with such other party by agreement or
otherwise resolve the claim. The general indemnification provided elsewhere in
this Agreemen! specifically applies to the foregoing claims arising out of DESIGN
BUILDER's use of the Site.
6.15.2 During the progress of the Work, DESIGN BUILDER shall keep the Site
free from accumulations of waste materials, rubbish and other debris resulting
from the Work. At the completion of the Work, DESIGN BUILDER shall remove
all waste materials, rubbish and debris from and about the Site, as well as all
tools, appliances, equipment and machinery, and surplus materials, and shall
leave the Site clean and ready for occupancy by CITY. DESIGN BUILDER shall
restore to original condition all property not designated for alteration by the
Contract Documents.
6.15.3 DESIGN BUILDER shall not load nor permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall DESIGN
BUILDER subject any part of the Work or adjacent property to stresses or
13
pressures that will endanger it.
6.16 Access to Work:
DESIGN BUILDER shall provide CITY, CITY's consultants, representatives and
personnel, independent testing laboratories and governmental agencies with
jurisdictional interests with access to the Site and Work at reasonable times for their
observation, inspection and testing. DESIGN BUILDER shall provide them proper and
safe conditions for such access and advise them of DESIGN BUILDER's site safety
procedures and programs so that they may comply therewith.
6.17 Safety and Protection:
6.17.1 DESIGN BUILDER shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work to
prevent damage, injury or loss to all employees on the Site and other persons
and organizations who may be affected thereby; all the Work and materials and
equipment to be incorporated therein, whether in storage on or off the Site; and
other property at the Site or adjacent thereto.
6.17.2 DESIGN BUILDER shall comply with all applicable laws and regulations
of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss.
6.18 Indemnification:
6.18.1'GENERAL INDEMNIFICATION: In accordance with 725.06, Florida
Statutes, pertaining to construction work, DESIGN BUILDER shall indemnify and
hold harmless the City, its officers and employees, from liabilities, damages,
losses and costs, including, but not limited, reasonable attorneys' fees, to the
extent caused by the negligence or intentional wrongful misconduct of the
DESIGN BUILDER and persons employed or utilized by the DESIGN BUILDER
in the performance of the Agreement. Further, pursuant to Section 725.08,
Florida Statutes, pertaining to Design Professional Services, DESIGN BUILDER
shall indemnify and hold harmless the City, its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by negligence or intentional wrongful
conduct of the DESIGN BUILDER and persons employed or utilized by the
DESIGN BUILDER in the performance of the Agreement.
6.18.2 PATENT AND COPYRIGHT INDEMNIFICATION: DESIGN BUILDER
agrees to indemnify, defend, save and hold harmless the CITY, its officers,
agents and employees, from all damages, liabilities, losses, claims, fines and
fees, and from any and all suits and actions of every name and description that
may be brought against CITY, its officers, agents and employees, on account of
14
any claims, fees, royalties, or costs for any invention or patent and/or for the
infringement of any and all copyrights or patent rights claimed by any person,
firm, or corporation arising from this Agreement.
6.18.3 DESIGN BUILDER shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney'
s fees and costs at both the trial and appellate levels.
6.18.4 DESIGN BUILDER reserves the right to select its own legal counsel,
subject to mutual agreement of the parties, to conduct any defense in any such
proceeding and all costs and fees associated therewith including any costs or
fees of an appeal shall be the responsibility of DESIGN BUILDER under the
indemnification agreement. Nothing contained herein is intended nor shall it be
construed to waive CITY's rights and immunities under the common law or
Florida Statute 768.28 as amended from time to time. This obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party described in this
Paragraph and its subparts.
6.19 Survival of Obligations:
All representations, indemnifications, warranties and guarantees made in,
required by, or given in accordance with this Agreement, as well as all continuing
obligations indicated in the Contract Documents, shall survive final payment, completion
and acceptance of the Work and termination or completion of the Agreement.
6.20 Correction or Removal of Defective Work:
If reasonably required by CITY, DESIGN BUILDER shall promptly, as directed,
either correct all defective Work, whether or not fabricated, installed or completed, or, if
the Work has been rejected by CITY, remove it from the site and replace it with non-
defective Work. DESIGN BUILDER shall bear all direct costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys
and other professionals) made necessary thereby.
ARTICLE 7 -CITY'S RESPONSIBILITIES
7.1 CITY shall furnish data required of CITY under the Contract Documents promptly.
7.2 CITY acknowledges that all plan reviews, inspections and required approvals of the
CITY shall be expedited.
7.3 If the Work, or any portion thereof, is defective, or DESIGN BUILDER fails to supply
15
sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform
the Work in such a way that the completed Work will conform to the Contract
Documents, CITY may order DESIGN BUILDER to stop the Work or any portion
thereof, after providing seven (7) days written notice and opportunity to cure, until the
cause for such order has been eliminated; however, this right of CITY to stop the Work
shall not give rise to any duty on the part of CITY to exercise this right for the benefit of
DESIGN BUILDER or any other party.
ARTICLE 8 -CITY MANAGER'S RESPONSIBILITIES
8.1 The Manager will be CITY'S representative during the development and
construction period and until final payment is due to DESIGN BUILDER.
8.2 Visits to Site:
The Manager will make visits to the Site at intervals appropriate to the various
stages of construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. The Manager's efforts will be directed toward providing for CITY a greater
degree of confidence that the completed Work will conform to the Contract Documents.
On the basis of such visits and on-site inspections, the Manager shall keep CITY
informed of the progress of the Work.
8.3 Rejecting Defective Work:
The Manager will have the authority to disapprove or reject Work which is
determined to be defective in accordance with the Contract Documents, and will also
have authority to require special inspections or testing of the Work whether or not the
Work is fabricated, installed or completed without causing unreasonable delay.
ARTICLE 9 -BONDS AND INSURANCE
9.1 Payment and Performance Bonds:
9.1.1 Prior to commencing Work, the DESIGN BUILDER shall furnish to CITY
a performance bond and a payment bond, each written by a corporate surety,
having a resident agent in the State of Florida and having been in business with
a record of successful continuous operation for at least five (5) years. The surety
shall hold a current certificate of authority from the Secretary of Treasury of the
United States as an acceptable surety on federal bonds in accordance with
United States Department of Treasury Circular No. 570. If the amount of the
Bond exceeds the underwriting limitation set forth in the circular, in order to
qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the circular and the excess risks must be protected by coinsurance,
16
reinsurance, or other methods, in accordance with Treasury Circular 297, revised
September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the
surety company shall provide CITY with evidence satisfactory to CITY, that such
excess risk has been protected in an acceptable manner. The surety company
shall have at least the following minimum qualification in accordance with the
latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best
Company, Inc., Ambest Road, Oldwick, New Jersey 08858: B+ to A+.
9.1.2 Two (2) separate bonds are required and both must be approved by the
CITY. The penal sum stated in each bond shall be the amount equal to the total
amount payable under the terms of the Agreement. The performance bond shall
be conditioned that the DESIGN BUILDER or sub-contractor perform the
Agreement in the time and manner prescribed in the Agreement. The payment
bond shall be conditioned that the DESIGN BUILDER or sub-contractor promptly
make payments to all persons who supply the DESIGN BUILDER or sub-
contractor with labor, materials and supplies used directly or indirectly by the
DESIGN BUILDER or sub-contractor in the prosecution of the Work provided for
in the Agreement and shall provide that the surety shall pay the same in the
amount not exceeding the sum provided in such bonds, together with interest at
the maximum rate allowed by law; and that they shall indemnify and save
harmless the CITY to the extent of any and all payments in connection with the
carrying out of said Agreement which the CITY may be required to make under
the law.
9.1.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, it
shall be the duty of the DESIGN BUILDER to record the aforesaid payment and
performance bonds in the public records of Miami-Dade County, with the
DESIGN BUILDER to pay all recording costs.
9.2 Bonds, Reduction After Final Payment:
Such bonds shall continue in effect for one (1) year after final payment becomes
due except as otherwise provided by law or regulation or by the Contract Documents.
DESIGN BUILDER shall have the option to procure a substitute bond conditioned that
DESIGN BUILDER shall correct any defective or faulty Work or material which appears
within one (1) year after TCO is issued, upon notification from the CITY.
9.3 Duty to Substitute Surety:
If the surety on any Bond furnished by DESIGN BUILDER is declared bankrupt
or becomes insolvent or its right to do business is terminated in the State of Florida or it
ceases to meet the requirements of other applicable laws or regulations, DESIGN
BUILDER shall within seven (7) days thereafter substitute another bond and surety,
both of which must be acceptable to CITY.
17
9.4 Insurance:
9.4.1 At the time of execution of the Agreement the DESIGN BUILDER shall
submit certificate(s) of insurance evidencing the required coverages and
specifically providing that the City of Aventura is an additional named insured or
additional insured with respect to the required coverage and the operations of the
DESIGN BUILDER under the Agreement. The certificates of insurance shall not
only name the types of policies provided, but shall also specifically refer to this
Agreement and shall state that such insurance is as required by Article 9 and its
subparts of this Agreement. DESIGN BUILDER shall not commence Work under
this Agreement until after DESIGN BUILDER has obtained all of the required
insurance herein described and the policies of such insurance detailing the
provisions of coverage have been received and approved by CITY. DESIGN
BUILDER shall not permit any Subcontractor to begin work until after similar
minimum insurance to cover Subcontractor has been obtained and approved. In
the event the insurance certificate provided indicates that the insurance shall
terminate and lapse during the term of this Agreement, then in that event,
DESIGN BUILDER shall furnish, at least thirty (30) calendar days prior to
expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage and extension thereunder is in effect. DESIGN
BUILDER shall not continue to perform the services required by this Agreement
unless all required insurance remains in full force and effect.
9.4.2 Insurance' Companies selected must be licensed to do business in the
State of Florida and acceptable the CITY. All of the policies of insurance so
required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice
has been given to CITY by certified mail.
9.4.3 The DESIGN BUILDER shall procure and maintain at its own expense
and keep in effect during the full term of the Agreement a policy or policies of
insurance which must include the following coverage and minimum limits of
liability:
(a) Professional Liabilitv (Errors and Omissions) Insurance for architectural
and engineering services and the services of any other professional used
in the performance of the Work of this Agreement in the amount of
$1,000,000.00. The certificate of insurance for professional liability shall
reference any applicable deductible and the Work of this Agreement.
(b) Worker's Compensation Insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including, where
18
applicable, the United States Longshoremen's and Harbor Worker's Act,
the Federal Employer's Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of One Hundred
Thousand and xx/100 dollars ($100,000.00) per accident. DESIGN
BUILDER agrees to be responsible for the employment, conduct and
control of its employees and for any injury sustained by such employees
in the course of their employment.
(c) Comprehensive Automobile Liability Insurance for all owned, non-owned
and hired automobiles and other vehicles used by the DESIGN BUILDER
in the performance of the Work with the following minimum limits of
liability:
$1,000,000.00
Combined Single Limit, Bodily Injury and
Property Damage Liability, per occurrence
(d) Comprehensive General Liabilitv Insurance (occurrence form) with the
following minimum limits of liability:
$1,000,000.00
Combined Single Limit, Bodily Injury and
Property Damage Liability, per occurrence
Coverage must be offered in a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy without restrictive
endorsements, as filed by the Insurance Services Office and shall
specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage
Liability:
1. Premises and Operations;
2. Independent Developers;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage;
5. Broad Form Contractual Coverage applicable to the Agreement
and specifically confirming the indemnification and hold harmless
agreement in the Agreement; and
6. Personal Injury coverage with employment contractual exclusions
removed and deleted.
(e) Builder's Risk Insurance in an amount not less than THE
REPLACEMENT COST for the construction of the Work. Coverage shall
be "All Risk" coverage for one hundred percent (100%) of the completed
value with a deductible of not more than five thousand and 00/100 dollars
($5,000.00) per claim.
19
9.4.4 DESIGN BUILDER shall maintain the Products/Completed Operations
Liability Insurance for a period of at least two (2) years after final payment for the
Work and furnish CITY with evidence of continuation of such insurance at final
payment and one (1) year thereafter.
9.4.5 The required insurance coverage shall be issued by an insurance
company authorized and licensed to do business in the State of Florida, with the
following minimum rating of B + to A +, in accordance with the latest edition of
A.M. Best's Insurance Guide.
9.4.6 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the parties
being that the required insurance coverage protect both parties as the primary
coverage for any and all losses covered by the above described insurance.
9.4.7 The DESIGN BUILDER shall ensure that any company issuing insurance
to cover the requirements contained in this Agreement agrees that they shall
have no recourse against CITY for payment or assessments in any form on any
policy of insurance.
9.4.8 The clauses "Other Insurance Provisions" and "Insurers Duties in the
Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in
which CITY is named as an additional named insured shall not apply to CITY.
CITY shall provide written notice of occurrence within fifteen (15) working days of
CITY's actual notice of such an event.
9.4.9 The DESIGN BUILDER shall not commence performance of its
obligations under this Agreement until after it has obtained all of the minimum
insurance herein described and the same has been approved.
9.4.10 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the parties
being that the required insurance coverages protect both parties as the primary
coverages for any and all losses covered by the above described insurance.
9.4.11 The DESIGN BUILDER agrees to perform the Work under the
Agreement as an independent DESIGN BUILDER, and not as a sub-contractor,
agent or employee of CITY.
9.4.12 DESIGN BUILDER shall require each of its Sub-contractors of any tier
to maintain the insurance required herein for each category, and DESIGN
BUILDER shall provide verification thereof to CITY upon request of CITY.
20
9.4.13 Violation of the terms of this paragraph and its subparts shall constitute
a material breach of the Agreement and CITY, at its sole discretion, may cancel
the Agreement and all rights, title and interest of the DESIGN BUILDER shall
thereupon cease and terminate.
9.4.14 CITY shall be responsible for the payment of deductibles for Builder's
Risk and any project specific insurance.
9.5 CITY'S Liability and Insurance:
CITY shall not be responsible for purchasing and maintaining any insurance to
protect the interests of DESIGN BUILDER, Sub-contractors or others on the Work. CITY
specifically reserves all statutory and common law rights and immunities and nothing
herein is intended to limit or waive same including, but not limited to, the procedural,
monetary limitation and substantive provisions of Section 768.28, Florida Statutes and
Section 95.11, Florida Statutes.
ARTICLE 10 - WARRANTIES: TESTS AND INSPECTIONS: CORRECTION OF
DEFECTIVE WORK
10.1 Warranty of Title:
The DESIGN BUILDER warrants to the CITY that it possesses good, clear and
marketable title to all equipment and materials provided hereunder and there are no
pending liens, claims or encumbrances whatsoever against said equipment and
materials.
10.2 Warranty of Specifications:
The DESIGN BUILDER warrants that all equipment, materials and workmanship
furnished, whether furnished by the DESIGN BUILDER or its Sub-contractors and
suppliers, will comply with the Contract Documents including, without limitations, the
specifications, drawings and other descriptions supplied or adopted and that all services
will be performed in a workmanlike manner.
10.3 Warranty of Merchantability:
DESIGN BUILDER warrants that any and all equipment to be supplied pursuant
to the Agreement is merchantable, free from defects, whether patent or latent in
material or workmanship and fit for the ordinary purposes for which it is intended.
10.4 Correction Period:
DESIGN BUILDER warrants, through the Performance Bond, all material and
21
construction workmanship for a minimum of one (1) year from date of Temporary
Certificate of Occupancy by the CITY. If within one (1) year after the date of final
completion or such longer period of time as may be prescribed by laws or regulations or
by the terms of any applicable special guarantee required by the Contract Documents,
any Work is found to be defective, whether observed before or after acceptance by
CITY, DESIGN BUILDER shall promptly, without cost to CITY and in accordance with
CITY's written instructions, either correct such defective Work, or, if it has been rejected
by CITY, remove it from the Site and replace it with Work that is not defective and
satisfactorily correct and remove and replace any damage to other Work or the Work of
others resulting therefrom. If DESIGN BUILDER does not promptly comply with the
terms of such instructions, or in an emergency where delay would cause serious risk of
loss or damage, CITY may have the defective workmanship corrected or the rejected
Work removed and replaced, and all direct costs of such removal and replacement
(including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by DESIGN BUILDER upon demand.
10.4.1 Where defective Work (and damage to other Work resulting therefrom)
has been corrected, removed or replaced under this paragraph, the correction
period hereunder with respect to such Work will be extended for an additional
period of one (1) year after such correction or removal and replacement has
been satisfactorily completed.
10.4.2 Nothing contained in this Article shall be construed to establish a period
of limitation with respect to other obligations which DESIGN BUILDER might
have under the Contract Documents. Establishment of the time period of one (1)
year as described in Paragraph 10.4.1 relates only to the specific obligation of
the DESIGN BUILDER to correct the Work, and has no relationship to the time
within which the obligation to comply with the Contract Documents may be
sought to be enforced, nor to the time within which proceedings may be
commenced to establish DESIGN BUILDER's liability with respect to the
DESIGN BUILDER's obligation other than specifically to correct the Work.
10.5 DESIGN BUILDER warrants to the CITY that it, at DESIGN BUILDER'S sole cost
and expense, will comply with all applicable federal, state and local laws, regulations
and orders in carrying out its obligations under this Agreement. DESIGN BUILDER
warrants to the CITY that it has obtained all necessary professional licenses necessary
to perform its services under this Agreement
10.6 DESIGN BUILDER warrants to the CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened with any
litigation, arbitration or other legal or administrative proceedings or investigations of any
kind which would have an adverse effect on its ability to perform its obligations under
the Agreement.
22
10.7 DESIGN BUILDER warrants to the CITY that the consummation of the Work
provided for in the Contract Documents will not result in the breach of any term or
provision of, or constitute a default under any indenture, mortgage, contract, or
agreement to which the DESIGN BUILDER is a party.
10.8 DESIGN BUILDER warrants that there has been no violation or copyrights or
patent rights either in the United States of America or in foreign countries in connection
with the Work of the Agreement.
10.9 No warranty, either express or implied, may be modified, excluded or disclaimed
in any way by DESIGN BUILDER. All warranties shall remain in full force and effect,
notwithstanding acceptance and payment by CITY.
10.10 Tests and Inspections:
10.10.1 DESIGN BUILDER shall give CITY and all applicable government
agencies timely notice of readiness of the Work for all required inspections, tests
or approvals. DESIGN BUILDER shall assume full responsibility, pay all costs in
connection therewith and furnish CITY the required certificates of inspection,
testing or approval for all materials, equipment or the Work or any part thereof
unless otherwise specified herein.
10.10.2 Inspectors shall have no authority to permit deviations from or to relax
any of the provisions of the Contract Documents, or to delay the Agreement by
failure to inspect the materials and Work with reasonable promptness.
10.10.3 The payment of any compensation whatever may be its character or
form, or the giving of any gratuity or the granting of any favor by the DESIGN
BUILDER to any inspectors, directly or indirectly is strictly prohibited and any
such action on the part of the DESIGN BUILDER will constitute a breach of this
Agreement.
23
ARTICLE 11- CHANGE OF CONTRACT TIME
11.1 Change of Contract Time:
11.1.1 All time limits stated in the Contract Documents are of the essence of the
agreement. With the exception of the items identified in Sections 11.1.3 and
11.1.4 below, an extension of time shall be the DESIGN BUILDER'S sole remedy
for any delay claims.
11.1.2 DESIGN BUILDER acknowledges and agrees that the Elementary and
Middle school additions must open in time for the 2009 school year. Should the
Facility not receive a temporary certificate of occupancy, through no fault of the
CITY, on or before August 14th, 2009, (subject to any agreed upon time
extensions) which will provide for the use of the entire Facility for its intended
purpose as Elementary and Middle school classroom additions, the DESIGN
BUILDER acknowledges and agrees that it shall pay to the CITY liquidated
damages in the amount of $1,000.00 per day for every day after August 14th,
2009 (subject to agreed upon time extensions) that the Facility has not received
a temporary certificate of occupancy. Such liquidated damages may be offset
against any amounts due and owed by the CITY to DESIGN BUILDER.
11.1.3 Extensions to the Contract Time and increases to the Cost of the Work
for delays caused by the effects of inclement weather, including a Hurricane
Event which is addressed below, shall be submitted as a change order pursuant
to Article 5.2 herein. In the event that rain, other inclement weather conditions,
related adverse soil conditions or a Hurricane Event have an adverse effect on
the scheduled construction and are in excess of the zero (0) rain days included in
the Project schedule, DESIGN BUILDER shall be entitled to a day for day
extension of the Contract Time and payment of additional costs incurred
including extended general conditions costs of $1,646.00 per calendar day for all
such weather related delays. A Hurricane Event shall be deemed to begin when
a tropical storm or hurricane warning is issued by the National Weather Service
for the area encompassing the Project. A Hurricane Event shall be deemed to
end when each of the following has occurred: The tropical storm or hurricane
warning is lifted; local municipal authorities are capable of conducting
inspections; and, DESIGN BUILDER determines that all delays related to
materials, labor and Project access have ceased.
11.1.4 If the DESIGN BUILDER is delayed at any time in the commencement or
progress of the Work by an act or neglect of the CITY or of a separate contractor
employed by the CITY, or by changes ordered in the Work, or by labor disputes,
fire, unusual delay in deliveries, unavoidable casualties or other causes beyond
the DESIGN BUILDER'S control, including weather delays as specified in 11.1.3
above, or by delay authorized by the CITY pending resolution of disputes
pursuant to the Design Build Documents, the Contract Time shall be extended on
24
a day for day basis and the Cost of the Work increased including extended
general conditions costs of $1595.00 per calendar day.
ARTICLE 12 - COST OF WORK
12.1 The "Cost of the Work" shall be the lump sum amount of $2,099,000.00.
12.2 Adjustments to the Cost of the Work resulting from changes in the Work shall be
calculated as follows: DESIGN BUILDER shall be entitled to a Fifteen (15%) percent
markup on all costs including but not limited to associated general conditions and
bond/insurance premiums increased as a result of changes in the Work and any other
related costs.
ARTICLE 13 -PAYMENTS TO DESIGN BUILDER AND COMPLETION OF WORK
13.1 Progress Payments:
13.1.1 DESIGN BUILDER may requisition payments for Work completed and a
monthly draw of the DESIGN BUILDER's Fee prorated based upon the
percentage of Work completed during the preceding month during the project at
intervals of not more than once a month. The DESIGN BUILDER's requisition
shall show a complete breakdown of the project components, the quantities
completed and the amount due, together with a certification by the DESIGN
BUILDER that the DESIGN BUILDER has or will disburse to all Sub-contractors
and suppliers their pro-rata shares of the payment out of previous progress
payments received by the DESIGN BUILDER for all Work completed and
materials furnished in the previous period and partial waivers of lien executed by
DESIGN BUILDER and properly executed releases of liens by all Sub-
contractors, suppliers and materialmen who were included in the DESIGN
BUILDER'S previous applications for payment, and any other supporting
documentation as may be required by the Contract Documents. Each requisition
shall be submitted in triplicate to the Manager for approval.
13.1.2 Provided that an Application for Payment is received not later than the
25th of the month, the CITY shall make payment to the DESIGN BUILDER not
later than the 10th day of the following month. If an Application for Payment is
received by the CITY after the application date fixed above, payment shall be
made by the CITY not later than fifteen (15) days after the CITY receives the
Application for Payment. Notwithstanding the above time frames, costs for
mobilization and bond/insurance premiums shall be paid by the CITY within
seven (7) days receipt of each invoice for said costs.
13.1.3 Ten percent (10 %) retainage shall be withheld by the CITY until the Work
25
is totally completed as specified, and accepted by the CITY except that after fifty
percent (50 %) of the Work has been completed, the CITY may, but in no way be
obligated to, reduce the retainage to five percent (5%) of all monies earned.
Retainage shall not be withheld on fee, general conditions, self-performed work,
bond / insurance premiums and the Architect's fee.
13.1.4 On the date a Temporary Certificate of Occupancy is issued or within
seven (7) calendar days thereof, the CITY shall prepare a monetized punch list
identifying any remaining items to be completed and the CITY shall make a
progress payment equal to the total contract price that remains due and owing
less One Hundred and Fifty (150%) percent of the value of the punch list until
said items have been completed.
13.2 Final Inspection:
Upon issuance of TCO and written notice from DESIGN BUILDER that the entire
Work or an agreed portion thereof is complete, CITY will make a final inspection and will
notify DESIGN BUILDER in writing within seven (7) days of all particulars in which this
inspection reveals that the Work is incomplete or defective pursuant to Section 13.1.4
above. DESIGN BUILDER shall immediately take such measures as are necessary to
remedy such deficiencies.
13.3 Final Application for Payment:
After DESIGN BUILDER has completed all such corrections to the satisfaction of
Manager and delivered all maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, as-built drawings hard copies and in
CADD format and other documents required by the Contract Documents, and after
Manager has indicated that the Work is acceptable, DESIGN BUILDER may make
application for final payment. The final application for payment shall be accompanied by
(1) complete and legally effective releases or waivers of all liens arising out of or filed in
connection with the Work; or (2) DESIGN BUILDER'S receipts in full covering all labor,
materials and equipment for which a lien could be filed; or (3) a final affidavit stating that
all laborers, materialmen, suppliers and Sub-contractors who worked for DESIGN
BUILDER under this Agreement have been paid in full or will be paid upon receipt of
final payment from the CITY, or, if the fact be otherwise, identifying the name of each
lienor who has not been paid in full and the amount due or to become due each for
labor, services or materials furnished. If any Subcontractor or supplier fails to furnish a
release or receipt in full, DESIGN BUILDER may furnish a bond satisfactory to CITY to
indemnify CITY against any lien. However, the CITY shall have the right to demand and
receive from the DESIGN BUILDER, before final payment, final releases of lien
executed or to be executed upon receipt of final payment from the CITY, by all persons,
firms or corporations who have performed or furnished labor, services or materials used
in the Work.
26
In addition, DESIGN BUILDER shall also submit with the final application for
payment, the completed set of "As-Built" drawings hard copies and in CADD format for
review and approval. The "As-Built" drawings shall be prepared, sealed and certified by
a design professional licensed by the State of Florida. Final payment to DESIGN
BUILDER shall not be made until said drawings have been reviewed and approved by
CITY with said review and approval to be completed within seven (7) calendar days of
receipt. Prior to approval, if necessary, the drawings may be returned to DESIGN
BUILDER for changes or modifications if in the opinion of CITY they do not represent
correct or accurate "As-built" drawings.
13.4 Final Payment and Acceptance:
13.4.1 If, on the basis of Manager's observation of the Work during construction
and final inspection, and CITY'S review of the final Application for Payment and
accompanying documentation, CITY is satisfied that the Work has been
completed and DESIGN BUILDER's other obligations under the Contract
Documents have been fulfilled, CITY will, within ten (10) days after receipt of the
final Application for Payment and accompanying documentation, in appropriate
form and substance, present the Application to CITY for payment. Thereupon,
the Manager will give written notice to DESIGN BUILDER that the Work is
acceptable. Otherwise, CITY will return the Application to DESIGN BUILDER,
indicating in writing the reasons for refusing to recommend final payment, in
which case DESIGN BUILDER shall make the necessary corrections and
resubmit the Application and accompanying documentation, in appropriate form
and substance. Thirty (30) days after the Manager has given written notice to
DESIGN BUILDER that the Work is acceptable, the amount recommended will
become due and will be paid by CITY to DESIGN BUILDER.
13.4.2 If, through no fault of DESIGN BUILDER, final completion of the Work is
significantly delayed and if Manager so confirms, CITY shall, upon receipt of
DESIGN BUILDER'S final Application for Payment and without terminating the
Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by CITY for Work
not fully completed or corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required, the written consent of
the surety to the payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by DESIGN BUILDER to CITY with
the Application for such payment. Such payment shall be made under the terms
and conditions governing final payment, except that it shall not constitute a
waiver of claims.
13.5 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the CITY to the DESIGN BUILDER when the Work has been completed
pursuant to the terms of this Agreement, the Agreement fully performed, the CO issued
27
and a final certificate for payment has been issued by the CITY. The making of final
payment shall constitute a waiver of claims by CITY except those arising from:
(1) Liens, claims, security interests or encumbrances arising out of this
Agreement and unsettled.
(2) Faulty or defective Work and latent and patent defects discovered after
acceptance.
(3) Failure of the Work to comply with the requirements of the Contract
Documents.
(4) Terms of special warranties required by the Contract Documents
(5) Any of DESIGN BUILDER'S continuing obligations under, or which
survive this Agreement.
(6) Any warranties and guarantees provided under Florida law.
The acceptance of final payment by DESIGN BUILDER or the sub-contractor for
materials and supplies shall constitute a waiver of claims by that payee except those
previously made in writing and identified by payee as unsettled at the time of final
application for payment.
13.6 CITY'S Right to Withhold Payment:
The CITY may withhold in whole or in part, final payment or any progress
payment to such extent as may be necessary to protect itself from loss for reasons
including, but not limited to, the following:
13.6.1 Defective Work not remedied.
13.6.2 Claims filed or reasonable evidence indicating the probable filing of
claims by other parties against the DESIGN BUILDER.
13.6.3 Failure of the DESIGN BUILDER to make payment to Sub-contractors
or suppliers for materials or labor.
13.6.4 Damage to another Party not remedied.
13.6.5 Reasonable evidence that the Work cannot be completed for the unpaid
balance of the Contract Sum.
13.6.6 Failure to carry out the Work in accordance with the Contract
Documents.
28
When the above reasons are removed or resolved or the DESIGN BUILDER provides a
surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in
the amount withheld, payment may be made in whole or in part.
ARTICLE 14. TERMINATION OF THE AGREEMENT
14.1 CITY'S Right to Terminate:
The CITY has the right to terminate this Agreement upon the occurrence of any
one or more of events which include, but are not limited to, the following:
14.1.1 If DESIGN BUILDER commences a voluntary case under any chapter of
the Bankruptcy Code as now or hereafter in effect, or if DESIGN BUILDER takes
any equivalent or similar action by filing a petition or otherwise under any other
federal or state law in effect at such time relating to the bankruptcy or insolvency.
14.1.2 If a petition is filed against DESIGN BUILDER under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition
is filed seeking any such equivalent or similar relief against DESIGN BUILDER
under any other federal or state law in effect at the time relating to bankruptcy or
insolvency.
14.1.3 If DESIGN BUILDER makes a general assignment for the ben~fit of
creditors.
14.1.4 If DESIGN BUILDER admits in writing an inability to pay its debts
generally as they become due.
14.1.5 If DESIGN BUILDER persistently fails to perform the Work in accordance
with the Contract Documents (including but not limited to, failure to supply
sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as same may be revised from time to time).
14.1.6 If DESIGN BUILDER fails to comply with laws or regulations of any public
body having jurisdiction.
14.1.7 If DESIGN BUILDER otherwise fails to comply with any provisions of the
Contract Documents.
CITY may, after giving DESIGN BUILDER and the surety seven (7) days written notice,
terminate the services of DESIGN BUILDER, exclude DESIGN BUILDER from the Site
and take possession of the Work and of all DESIGN BUILDER's tools, appliances,
construction equipment and machinery at the Site and use the same to full extent they
could be used by DESIGN BUILDER (without liability to DESIGN BUILDER for trespass
29
or conversion), incorporate in the Work all materials and equipment stored at the Site or
for which CITY has paid DESIGN BUILDER but which are stored elsewhere, and finish
the Work as CITY may deem expedient. In such case DESIGN BUILDER shall not be
entitled to receive any further payment until the Work is finished. Prior to submitting
written notice to surety, City shall provide DESIGN BUILDER with the opportunity to
cure within fifteen (15) calendar days of written notice. If DESIGN BUILDER fails to cure
and CITY terminates this Agreement pursuant to this Section 14.1, DESIGN BUILDER
shall be liable for and immediately pay CITY upon demand any compensatory damages
associated with such termination and the completion of the Work.
14.2 Termination for Convenience of CITY:
Upon seven (7) days written notice to DESIGN BUILDER, CITY may, without
cause and without prejudice to any other right or remedy, terminate this agreement for
CITY'S convenience whenever CITY determines that such termination is in the best
interests of CITY. Where the agreement is terminated for the convenience of CITY, the
notice of termination to DESIGN BUILDER must state that the Agreement is being
terminated for the convenience of the CITY under the termination clause, the effective
date of the termination and the extent of termination. Upon receipt of the notice of
. termination for convenience, DESIGN BUILDER shall promptly discontinue all Work at
the time and to the extent indicated on the notice of termination, terminate all
outstanding Sub-contractors and purchase orders to the extent that they relate to the
terminpted portion of the Agreement, and refrain from placing further orders and
su~contracts" DESIGN BUILDER shall not be paid on account of loss of anticipated
profits or revenue or other economic loss arising out of or resulting from such
termination. DESIGN BUILDER shall be compensated only for Work which it has
pe.rformed pursuant to this J;\greement and for costs incurred by reason. of such
termination.
14.4 Termination by DESIGN BUILDER:
If CITY fails to recommend payment for a period of thirty (30) calendar days
through no fault of DESIGN BUILDER or if CITY fails to make payment thereon for a
period of thirty (30) calendar days, DESIGN BUILDER may, upon seven (7) additional
days written notice to CITY, terminate the Agreement and recover from the CITY
payment for Work executed and for proven loss with respect to materials, equipment,
tools and construction equipment and machinery as well as anticipated profit.
ARTICLE 15 - NOTICE. COMPUTATION OF TIME
15.1 Giving Notice:
All notices required by any of the Contract Documents shall be in writing and
shall be deemed delivered upon mailing by certified mail, return receipt requested to the
following:
30
As to DESIGN BUILDER:
Michael Kaufman
Kaufman Lynn Inc., General Contractors
622 Banyan Trail, # 300
Boca Raton, FL 33431
As to CITY:
Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
15.2 Computation of Time:
When any period of time is referred to in the Contract Documents by days, it will
be computed to exclude the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day made a legal holiday by
the law of the applicable jurisdiction, such day will be omitted from the computation. A
calendar day of twenty four (24) hours measured from midnight to the next midnight
shall constitute a day.
ARTICLE 16 - MISCELLANEOUS
16.1 The duties and obligations imposed by this Agreernent and Contract Documents
and the rights and remedies available hereunder to the parties hereto, and, in particular
but without limitation, the warranties, guaranties and obligations imposed upon DESIGN
BUILDER and all of the rights and remedies available to CITY thereunder, are in
addition to, and are not to be construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise imposed or available to any
or all of them which are otherwise imposed or available by laws or regulations, by
special warranty or guarantee or by other provisions of the Contract Documents, and
the provisions of this Paragraph will be as effective as if repeated specifically in the
Contract Documents, and the provisions of this Paragraph will survive final payment and
termination or completion of the Agreement.
16.2 DESIGN BUILDER and its employees, volunteers and agents shall be and
remain independent DESIGN BUILDERs and not agents or employees of CITY with
respect to all of the acts and services performed by and under the terms of this
Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking or venture between the parties hereto.
16.3 CITY reserves the right to audit the records of DESIGN BUILDER relating in
31
anyway to the Work to be performed pursuant to this Agreement at any time during the
performance and term of the Agreement and for a period of three (3) years after
completion and acceptance by CITY. If required by CITY, DESIGN BUILDER agrees to
submit to an audit by an independent certified public accountant selected by CITY.
DESIGN BUILDER shall allow CITY to inspect, examine and review the records of
DESIGN BUILDER at any and all times during normal business hours during the term of
the Agreement.
16.4 The remedies expressly provided in this Agreement to CITY shall not be
deemed to be exclusive but shall be cumulative and in addition to all other remedies in
favor of CITY now or hereafter existing at law or in equity.
16.5 The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement
shall be litigated in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida
and the prevailing party shall be entitled to payment by the non-prevailing party of all
attorney's fees and costs reasonably incurred in prosecuting said action.
16.6 Should any part, term or provision of this Agreement be by the courts decided to
be invalid, illegal or in conflict with any law of the State, the validity of the remaining
portion or provision shall not be affected thereby.
ARTICLE 17-ASSIGNMENT
17.1 DESIGN BUILDER shall not assign or transfer thisAgreement or its rights,
title or interests therein without the prior written consent of CITY, which consent shall
not be unreasonably withheld. The obligations undertaken by DESIGN BUILDER
pursuant to this Agreement shall not be delegated or assigned to any other person or
firm unless CITY shall first consent in writing to the assignment, which consent may be
withheld in CITY's sole discretion. Violation of the terms of this Paragraph shall
constitute a material breach of this Agreement by DESIGN BUILDER and the CITY
may, at its discretion, cancel this Agreement and all rights, title and interest of DESIGN
BUILDER shall thereupon cease and terminate.
ARTICLE 18- SPECIFIC PERFORMANCE
Each of the parties acknowledges that the parties will be irreparably damaged
(and damages at law would be an inadequate remedy) if this Agreement is not
specifically enforced. Therefore, in the event of a breach or threatened breach by any
party of any provision of this Agreement, the other party shall be entitled, in addition to
all other rights or remedies, to an injunction restraining such breach, without being
required to show any actual damage or to post any bond or other security, and/or to a
decree for specific performance of the provisions of this Agreement.
32
ARTICLE 19- HAZARDOUS SUBSTANCES
19.1 The DESIGN BUILDER agrees that it shall not transport to, use, generate,
dispose of, or install at the Site any Hazardous Substance, (as defined in Section 19.4),
except in accordance with applicable Environmental Laws. Further, in performing the
Work, the DESIGN BUILDER shall not cause any release of hazardous substances into,
or contamination of, the environment, including the soil, the atmosphere, any water
course or ground water, except in accordance with applicable Environmental Laws. In
the event the DESIGN BUILDER engages in any of the activities prohibited in this
Section 19.1, to the fullest extent permitted by law, the DESIGN BUILDER hereby
indemnifies and holds harmless the CITY from and against any and all claims,
damages, losses, causes of action, suits and liabilities of every kind, including but not
limited to expenses of litigation, court costs, punitive damages and attorneys' fees,
arising out of, incidental to or resulting from the activities prohibited in this Section 19.1.
19.2 In the event the DESIGN BUILDER encounters on the Site any Hazardous
Substance, or what the DESIGN BUILDER reasonably believes to be a Hazardous
Substance, and which is being introduced to the Work, or exists on the Site, in a
manner violative of any applicable Environmental Laws, the DESIGN BUILDER shall
immediately stop work in the area affected and report the condition to the Manager in
writing. The Work in the affected area shall not thereafter be resumed except by written
Cluthorization of the Manager if in fact a Hazardous Substance has been encountered
and has not been rendered harmless. In the event the DESIGN BUILDER fails to stop
the Work upon encountering a Hazardous Substance at the Site, to the fullest extent
permitted by law, the DESIGN BUILDER hereby indemnifies and holds harmless the
CITY from and against all claims, damages, losses, causes of action, suits and liabilities
of every kind, including, but not limited to, expenses of litigation, court. costs, punitive
damages and attorneys' fees, arising out of, incidental to, or resulting from the DESIGN
BUILDER's failure to stop the Work. .
19.3 An extension of time and payment of additional costs incurred including
extended general conditions shall be the DESIGN BUILDER's sole remedy for any
delay arising out of the encountering and/or rendering harmless of any Hazardous
Substance at the Site. CITY and the DESIGN BUILDER may enter into an agreement
for the DESIGN BUILDER to remediate and/or render harmless the Hazardous
Substance, but the DESIGN BUILDER shall not be required to remediate and/or render
harmless the Hazardous Substance absent such agreement. DESIGN BUILDER shall
not be required to resume Work in any area affected by the Hazardous Substance until
such time as the Hazardous Substance has been remediated and/or rendered
harmless.
19.4 For purposes of this Agreement, the term "Hazardous Substance" shall mean
and include, but shall not be limited to, any element, constituent, chemical, substance,
compound, or mixture, which are defined in or included under or regulated by any local,
state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental
33
regulation, contamination, clean-up or disclosure, including, without limitation, The
Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic
Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act
("CAA"), and The Marine Protection Research and Sanctuaries Act ("MPRSA"), The
Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and
Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373,376 and 403, Florida
Statutes, the rules and regulations of the Florida Department of Environmental
Protection or other state superlien or environmental clean-up or disclosure statutes
including all state and local counterparts of such laws (all such laws, rules and
regulations being referred to collectively as "Environmental Laws"). It is the DESIGN
BUILDER's responsibility to comply with this Article 19 based on the law in effect at the
time its services are rendered and to comply with any amendments to those laws for all
services rendered after the effective date of any such amendments.
[THIS SPACE INTENTIONALLY LEFT BLANK]
34
IN WITNESS WHEREOF, CITY and DESIGN BUILDER have signed this
Agreement in triplicate. One counterpart each has been delivered to CITY and
DESIGN BUILDER.
ATTEST:
CITY OF A VENTURA, FLORIDA
Teresa M. Soroka, MMC
City Clerk
Eric M. Soroka, City Manager, ICMA-CM
APPROVED AS TO FORM:
City Attorney
KAUFMAN LYNN, INC., GENERAL
CONTRACTORS
By:
Michael Kaufman
PRESIDENT
WITNESSES:
Print Name
Print Name
ATTEST:
SECRETARY
35
KL
KAlWMAN r;VNN
~RI\'J:Ii:..I. C:(I"'l1UC.1'flR~
622 BonyOl'l 1(0", Suite 300 ,I 8gci'J Roton ... F'-t 33.1131
PH: 561.361.6700/ FX: 561.361.6979
Exhibit A
Aventura Charter School Classroom Addition
Design Build 100% CD Estimate
January 7. 2009
Division Description Cost Cost/SF % Of Total
Division 1 General Conditions $ 389.954 $ 39.91 18.58%
Division 2 Site Construction $ 201.745 $ 20.65 9.61%
Division 3 Concrete, CMU & Precast Joists $ 321.394 $ 32.90 15.31%
Division 4 Masonry (In Div 3) L-: 0.00%
Division 5 Metals $ 31.830 $ 3.26 1.52%
Division 6 Wood and Plastics $ 17 .060 $ 1.75 0.81%
Division 7 Thermal & Moisture Proto $ 57.980 $ 5.93 2.76%
Division 8 Doors & Windows $ 90,608 $ 9.27 4.32%
Division 9 Finishes $ 209.240 $ 21.42 9.97%
Division 10 Fire Extinguishers $ 600 $ 0.06 0.03%
Division 11 Equipment 1-.: 0.00%
Division 12 Furnishings L....: 0.00%
Division 13 Special Construction L-: 0.00%
Division 14 . Conveying Systems 1-.: 0.00%
Division 15 Mechanical $ 236.450 $ 24.20 11.26%
Division 16 Electrical $ 117.905 $ 12.07 5.62%
General Contractor Fee $ 172.541 $ 17.66 8.22%
Architectural I Design Fees $ 211.971 $ 21.70 10.10%
Performance & Payment Bond $ 25.250 $ 2.58 ~
General Liability Insurance $ 12.393 $ 1.27 ~
Builders Risk Insurance $ 13.000 $ 1.33 0.62%
Contingency $ L....: 0.00%
Probable TAX Recovery $ (10.921) $ (1.12) -0.52%
UZ2
Total Two Building Scheme - Option 1 $ 2.099.000 $ 214.84 100.000/0
Alternate Add Items
1 Add Intercom/Clock! System by NOR Corporation (connect to existing)
$ 21,230
\.... GrHl :k.1le..... '~.' .
Co..."" M.....m..r ~
\"f\'t'w.ko ufmonJ vnn..com
...... .- -- -. -. -
~
~:~..~ ~,"??'
'~..;.ir~~$.. -'.
Aventura Charter Scbool Classroom Addition
Exhibit B
Kaufman Lynn Inc., General Contractors CGC 021732
January 6, 2009
Sheets Nos Plan Date
AO.OO November 21,2008
AO.OI November21 2008
lofl October 17. 2008
C I of2 November 21, 2008
C 2 of2 November 21 2008
AO.I0 November 21, 2008
AO.30 November21 2008
AO.31 November 21, 2008
DAl.OO November 21, 2008
DA2.01 November 21. 2008
DA2.02 November 21, 2008
Al.OO November 21. 2008
Al.01 November 21, 2008
LSOO November 21, 2008
LSO.Ol November 21. 2008
LS2.0IA November 21, 2008
LS2.0 lB November2L 2008
LS2.02A November 21, 2008
LS2.02B NoveIIiber21,2oo8
A2.01 November 21. 2008
A2.02 November 21, 2008
A2.03 November 21. 2008
AJ.Ol November 21,2008
A3.02 November 21,2008
A6.00 November 21. 2008
A7.00 November 21, 2008
A7.50 November 21, 2008
A7.51 November 21. 2008
A8.00 November 21,2008
A9.01 November 21, 2008
A9.02 November 21. 2008
A9.30 November 21,2008
8l.0 November 21, 2008
82.0 November 2l. 2008
S2.1 November 21, 2008
82.2 November 21, 2008
82.3 November 21. 2008
83.0 November 21, 2008
83.1 November 21, 2008
83.2 November2l. 200S
Page 1 of 2
Kaufman Lynn, Inc. General Contractors GCG021732
IlL
-- . --.--" "..- --
...~
:-:.t:'tt?::.1J~~f~
A ventura Charter School Classroom Addition
Exhibit B
Kaufinan Lynn Inc., General Contractors CGC 02] 732
January 6, 2009
Sheets Nos Plan Date
83.3 November 21,2008
84.0 November 21,2008
84.1 November 21, 2008
84.2 November 21,2008
MO-l November 21,2008
MO-2 November 21, 2008
MI-l November 2].2008
Ml-2 November 21, 2008
M]-3 November 21, 2008
M2-1 November 21,2008
M2-2 November 21. 2008
M3-1 November 21, 2008
PO-I November 21. 2008
PI-l November 21. 2008
PI-2 November 2]. 2008
EO-1 November 21. 2008
El-l November 21, 2008
EI-2 November 21, 2008
EI-3 November 21. 2008
E2-1 November 21, 2008
E2-2 November 21,2008
E2-3 November 21,2008
E3-1 November 21.2008
E3-2 November 21.2008
E3-3 November 21,2008
E4-1 November 21.2008
E4-2 November 21. 2008
E4-3 November 21, 2008
E4-4 November 21. 2008
E5-1 November 21. 2008
E5-2 November 21 2008
Page 2 of2
Kaufman Lynn, Inc. General Contractors GCG021732
...
EXHIBIT B
November 21, 2008
Aventura Charter School
Classroom Addition Project
"\
100% CD SPECIFICATIONS
I DivisionSection TItle
DMSION 0 - SITE INFORMATION
00001 GEOTECHNICAL REPORT
DIVISION 1 - GENERAL REQUIREMENTS
01010 SUMMARY OF WORK
01039 PROJECT MANAGEMENT AND COORDINATION
01045 CUTTING AND PATCHING
01060 REGULATORY REQUIREMENTS
01120 AL TERATlON PROJECT PROCEDURES
01300 SUBMITTALS PROCEDURES
01350 CAD FILE TRANSFER POLICY
01400 QUALITY CONTROL
01410 TESTING lABORATORY SERVICES
01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01540 SECURITY BARRIERS AND ENCLOSURES
01560 TEMPORARY CONTROLS
01600 MATERIAl EQUIPMENT AND APPROVED EQUALS
01650 STARTING AND ADJUSTING SYSTEMS
01700 CONTRACT CLOSEOUT
01730 OPERATION AND MAINTENANCE DATA
01740 WARRANTIES
.....
DIVISION 2 - SITE CONSTRUCTION
./
. 02060
02070
02110
02200
02280
02400
02520
02831
02938
02950
BUILDING DEMOLITION
SELECTNE DEMOLITION
SITE CLEARING
EARTH MOVING
TERMITE CONTROL
ASPHALT PAVING
CONCRETE PAVING
CHAIN LINK FENCING AND GATES
SODDING
TREES, PLANTS, AND GROUND COVER
DIVISION 3 - CONCRETE
03200 CONCRETE REINFORCEMENT
03300 CAST~IN~PLACE CONCRETE
03341 FIBROUS CONCRETE REINFORCING
03346 CONCRETE FLOOR FINISHING
03411 STRUCTURAL PRECAST CONCRETE
...
PGAL Project No.: 714.08019
Aventura Charter School
Classroom Addition Project
DIVISION 4 - MASONRY
04100 MASONRY MORTAR AND GROUT
04300 MASONRY UNIT
DIVISION 5 - METALS
05120 STRUCTURAL STEEL
05210 STEEL JOISTS AND JOIST GIRDERS
05310 STEEL DECK
05400 COLD FORMED METAL FRAMING
05805 EXPANSION JOINT COVER ASSEMBLIES
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06410 CUSTOM CASEWORK
DMSION 7 - THERMAL AND MOISTURE PROTECTION
07135 SHEET MEMBRANE WATERPROOFING
07160 BITUMINOUS DAMPPROOFING
07181 WATER REPELLENT PENETRANT
07191 VAPOR RETARDERS
07212 EXTRUDED POLYSTYRENE BOARD INSULATION
07213 BATT INSULATION
07536 MODIFIED BITUMEN ROOFING SYSTEM
07620 FLASHING, GUTTERS, DOWNSPOUTS AND OTHER ACCESSORIES
07840 FIRE STOP SYSTEMS
07900 JOINT SEALANTS
DIVISION 8 - DOORS AND WINDOWS
08110 METAL DOORS AND FRAMES
08210 WOOD DOORS
08305 ACCESS DOORS AND FRAMES
08520 ALUMINUM WINDOWS
08710 DOOR HARDWARE
08800 GLAZING
DIYISION 9 - FINISHES
09111 NON-STRUCTURAl METAL STUD FRAMING
09210 GYPSUM VENEER PLASTER
09250 GYPSUM BOARD SYSTEMS
09511 ACOUSTICAL CEILINGS
09650 RESILIENT FLOORING
09900 PAINTING
DIYISION 10 - SPECIALTIES
10100 MARKER BOARDS AND TACK BOARDS
10260 DOOR AND WALL PROTECTION
10441 SIGNAGE
10522 FIRE PROTECTION SPECIALTIES
10532 WALKWAY COVERINGS
DIVISION 11 - EQUIPMENT
11131 PROJECTION SCREENS
DIVISION 12 - FURNISHINGS
12500 VERTICAL LOUVER BLINDS
PGAL Project No.: 714.0~019
November 21, 2008
Aventura Charter School
Classroom Addition Project
SECTION #
SECTION 15000
SECTION 15140
SECTION 15170
SECTION 15190
SECTION 15260
SECTION 15290
SECTION 15411
SECTION 15412
SECTION 15420
SECTION 15430
SECTION 15440
SECTION 15535
SECTION 15765
SECTION 15855
SECTION 15885
SECTION 15890
SECTION 15895
SECTION 15930
SECTION 15936
SECTION 15990
SECTION 15991
714.08019
JLRD Project No. 108056
Novemnber21,2008
INDEX OF SPECIFICATIONS
DMSION 15
TITLE
GENERAL PROVISIONS
SUPPORTS, BASES, AND ANCHORS
MOTORS
MECHANICAL IDENTIFICATION
PIPING INSULATION
DUC~RKINSULATION
POTABLE WATER SYSTEMS
SOIL AND WASTE SYSTEMS
PLUMBING PIPING
PLUMBING SPECIALTIES
PLUMBING FIXTURES AND ACCESSORIES
REFRIGERATION PIPING SPECIALTIES
VARIABLE FREQUENCY DRIVE UNITS
AIR HANDLING UNITS
AIR FILTERS
DUCTWORK
DUCTWORK ACCESSORIES
VARIABLE AIR VOLUME TERMINAL BOXES
GRILLES, REGISTERS, DIFFUSERS
START-UP REQUIREMENTS FOR HEATING, VENTILATING & AIR
CONDITIONING (HVAC) SYSTEMS
TESTING, ADJUSTING AND BALANCING (TAB) OF HEATING,
VENTILATING & AIR CONDITIONING (HVAC) SYSTEMS
Table of Contents
Aventura Charter School
Classroom Addition Project
SECTION #
SECTION 16010
SECTION 16020
SECTION 16025
SECTION 16050
SECTION 16111
SECTION 16123
SECTION 16130
SECTION 16141
SECTION 16160
SECTION 16180
SECTION 16190
SECTION 16195
SECTION 16440
SECTION 16450
SECTION 16470
SECTION 16476
SECTION 16477
SECTION 16480
SECTION 16485
SECTION 16510
SECTION 16535
SECTION 16610
SECTION 16721
SECTION 16725
SECTION 16740
SECTION 16780
SECTION 16902
SECTION 16950
714.08019
JLRD Project No. 108056
November 21, 2008
DIVISION 16 - ELECTRICAL
TITLE
BASIC ELECTRICAl REQUIREMENTS
WORK INCLUDED
CODES, FEES AND STANDARDS
BASIC MATERIALS AND METHODS
CONDUIT
BUILDING WIRE AND CABLE
BOXES
WIRING DEVICES
CABINETS AND ENCLOSURES
EQUIPMENT WIRING SYSTEMS
SUPPORTING DEVICES
ELECTRICAL IDENTIFICATION
DISCONNECT SWITCHES
GROUNDING'
PANELBOARDS
ENCLOSED CIRCUIT BREAKERS
FUSES (600 VOLT & BELOW)
MOTOR CONTROLS
CONTACTORS
INTERIOR LUMINAIRES
EMERGENCY UGHTING EQUIPMENT
TRANSIENT VOLTAGE SURGE SUPPRI::SSION
FIRE ALARM AND SMOKE DETECTION SYSTEMS
SECURITY RACEWAY SYSTEM
TELECOMMUNICATIONS DISTRIBUTION RACEWAY SYSTEM
BUILDING MANAGEMENT RACEWAY SYSTEM
ELECTRIC CONTROLS AND RELAYS
TESTING
Table of Contents
~
~
Q.
~
~
W
o
~
en Z
o-g-m
8 0 ~
> w w a.
I-_en_~ I--
g ~ - ~
I-- I-- :E w
I-- - $ a.
::!::-:E
::!:: 0::
en w
J Q.
r!2 cd
'---"--'--0--- g> --- o'i=
w :--g-- o-~
w: c ;:fe:
o. o.
0' Z 0'
a::i,,-'or"'"-r-
a., _ I
,en
0' w
1-":-0
-w'
o
g
z.
00 en 0
~ ~ ~ :" l3 !:i
o w <( .~ w fa
~-!z-G'---:~-ll. --en
~ ~ _ z, 00 0
w ~ ~ -. Z ~
. J:a~o~~ 0
en---"-----~ --.-~--~-. i---s-'~ -TI -.--t
w . a 0 - :
E ~ 0 : 1
____:::!__~ . 5_ 0:: .
I-- ll. m ~
J G ' I- ~ f-
a Z Zw 0 1-:
Z - -'9 J en,
5-9-a~~-~U1JZ ,
0:: en J ::> ,,, en
G zen 0"" Z .
0:: Q ll. o::.~ g
---..--=-~-i-~-~~. 5F--
!:: J Iii :::!;oo
00 ~ 0 P ::l '0::
w-<(-u.-Ji1-en~::l
0:: 0 ~ 0 Q. :0
::> 0 ~ ~ wa.
frl iil ~ :)~::!:: .~
en"'-O::-,_~-~ ~ - ..
cd :::J - .
---..-~---iJum~------
m ___..J '
o - .
::!::
Z
0_
t;
J
0::
I-
'---'-'en
Z
o
o
0::
e
a.
I-
Z
W
::l
en
~
,00 co co 0> m
Il( 6 ~ 0 ~
Z
W ~ ~
00 0 Z
a> ~ ....
N N N
co co co co g
0 0 t ~
ll. Q. ~
W W
W W 0 Z
ro ~ "" N .....
N .... N
~ 0 co CD
N ..,.
~
~
en ~
~ 0 Q.
a..
(3 0 <(
a ::!::
~ w 0::
~ W
I- a
0 ~ ~
w en Q.
w ::> I--
0 ~ ~ J
~ 0 w
0 w 0 ~
a. 0 Q. W
0 0 clS ~
I- 0 a.
w Z 0 I-
0 G * ~ ~
5 ii)
w 0 w
0 :E
Z a ..... a.
m 0 N N <')
.... N N N
0) 0) a> 0) 0) 0) 0>
0 0 I ~ ~ 0 0
en ID 0:: i
w w ~ ~ ~
11. 11.
~ co 0 0)
.... ..... N N
0 0 oQ 0 oQ oQ IX) U) C")
..... N .... C") .....
I
I
~ I~
o Q.
0:: "
~ Z
w 5
a ~ ~
Z w 5 J:
J Z lEI G
W 0 Q. J
~~a-go
9 ~ ~ ~
w 0 a 5
11. iil ~
:l 0 J
~ ~ 5 ~
~ ~ ~ ~
I
I
I
l~ ~.
!~ 0
~ I~ ~
ii I~ ~
G 19 ~
z IJ 11.
o 1m 0
m t> 0
~ I~ ~
0:: .en ~
;:> Z en
~ g Z
en
w
J:
en
Z
ii:
0::
~ ~
~ ~
~ 10
Q Iii)
0:: a "
~ ~ ~
:::.i ~ ~
~ 15 ~
en ii ~
Z 0 :)
i
181
I gJ ,
01
(jl
o 0 10 0 0 0 0 .....
~ ~ I~ ~ ~ ~ ~ ~
f/)
Z
o
i=
is
c
<(
:i
o
o
.0::
Of/)
Zf/)
-:::s ..
ZOo
Z :
>-...JI-
...Jo-
zo!Q
<(::J:::J:
=e0><
u..f/)W
:JD::
~W
Ii:
<(
::J:
o
~
:J
I-
Z
W
~
co G"1O co
ooo~
ftilb ~ 0
rn!rnz
0) .,. 0
... N~
o
~
.
E
s
!.:Ils
'O.c'D.:I
t:.!!.l!Ic
!ii:~~
I!
II)
~
'I:
a.
@
622 Bonton Tren, Sulie 300 ... BCCCl Rotorl !. FL, 33~31
PH: 561.361.6700/ FX: 561.361.6979
KJ\{;(o'MAN I.YNN
GF.Nr.H~hr.~~Tn~nTnR5
Exhibit D
Design Build School Classroom Addition
For
Aventora City of ExceDence School
A ventura, Florida
January 6, 2009
Qualifications and Clarifications
Contract Documents and Precedence - Below is the complete list of contract
documents which combined make up the entire contract. The documents are listed in
order of precedence. If there is a conflict between documents this list shall be used to
govern precedence.
1. Clarifications and Assumptions, "Exhibit D" dated January 6, 2009
2. Estimate Summary, "Exhibit A" dated January 6, 2009
3. List of Project Plan Documents, "Exhibit B" dated January 6, 2009
4. Project Specifications Manual, "Exhibit B" dated January 6, 2009
5. Contract Agreement
General Qualifications:
1. This cost estimate is based on the attached plan document listing
Titled: Aventura Charter School Classroom Addition dated January 6, 2009
together with the qualifications and clarifications as listed below.
2. Lump Sum Price is based on Gross Square Footage sizes noted in the "Exhibit B"
plan documents list and as agreed to by the City of A ventura
Specific Inclusions:
1. Fees for Professional Design Services for:
. Architecture - Design & Construction Documents .
. Structural - Design. & Construction Documents
. Civil - Design. & Construction Documents
. Mechanical - Design & Construction Documents
. Electrical - Design & Construction Documents
. Landscape - Design & Construction Documents
. Preconstruction Services
, :: ."':, ,-;. ... -. ".; .' - .".:,',' ,""','.~, .", ,'" "
2. Performance and Payment Bonds.
3. The base premium for Builder's Risk Insurance has been included. The premium
included herein is limited to the cost and scope of work presented under this
proposal therefore it dose not anticipate extended coverage of any kind for any of
the existing buildings on campus.
Specific Exclusions:
1. Permit fees, impact, assessment fees, or any deposits paid to any utility authority
are to be paid for by the Owner.
2. Special and threshold inspections are not included and are to be paid for by the
Owner.
3. Material testing is not included and is to be paid for by the Owner.
If this service is to be provided herein please add an allowance $9.800.00
4. Inspections, handling, or disposal of asbestos or any other hazardous material is
not included.
5. The cost of the Builder's Risk deductible is not included and is to be paid for by
the Owner.
6. Unforeseen underground conditions, including but not limited to soils type and
utility relocations that could not have been visually inspected and anticipated are
not included.
7. Elevators of lifts of any type.
8. Cost of utilities after the setting of testing or permanent meters for same.
9. Installation of any new primary power service. It is assumed that the existing
electrical systems within the closest existing classroom building to the new
proposed building (s) are sufficient to provide adequate power for the connection
and operation of the new addition (s).
10. Fire sprinkler service of any type. The existing campus in not currently being
serviced with fire protection systems therefore it is assumed that the new facilities
will not be serviced.
11. Liability for the structural components of the existing buildings should Option 1
of this proposal is considered or selected. It is assumed that the existing
structure(s) are sufficient to withstand the connections and possible wind loads as
may be anticipated with this option.
12. Wire Mesh under exterior stucco has not been included at this time
13. PVC stucco accessories for exterior stucco have been included in lieu of zinc
14.0wnerFFE:
. Office Equipment of any type
. Audio Visual Equipment of any type or the installation / connections of
same
. Food Service Equipment of any type
. Caulk I Tack I Marker Boards or Installation
. Special Fume Hoods or Ventilation Systems
. Desks or Chairs of any type
. Security Systems or special card reader entry systems
. Rugsorfloormats
. Artwork
. Signage or Signage systems of any type
. Site furnishings of any type
Exhibit E
A ventura Charter School Classroom Addition
Kaufman Lynn, Inc. General Contractors CGC 021732
January 8,2009
Kaufman Lynn Inc.. Labor Rates ADDlicable to this Cost Estimate I Contract
Title
Project Executive
Senior Project Manager
Project Manager
Assistant Project Manager
Project Engineer
Superintendent
Asst. Superintendent
Project Coordinator
Project Accountant
Accounting
Chief Estimator
Estimator
Estimating Clerk
The Parties acknowledge that the above rates are the agreed upon rates.
1/8/2009
Rate I Calendar
Week
$ 552.00
$ 4,777.00
$ 3,145.96
$ 1,821.35
$ 1,821.35
$ 3,576.46
$ 3,576.46
$ 1,821.35
$ 1,821.35
$ 1,821.35
$
$
$
4,414.28
2,086.27
960.35
IlL
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICM
City Manager
BY:
/
Joanne Carr, AICP f\ L1i
Community Development irect~ -
DATE:
December 10,2008
SUBJECT: Amended effective date of Ordinance No. 2008-08, an Ordinance to Adopt a
Transportation Mitigation Impact Fee and Schedule of Fees for Development
Activity to support mobility within the City of Aventura (01-IF-09)
January 13, 2009 Local Planning Agency Agenda Item.#:ll'
1st Reading January 13, 2009 City Commission Meeting Agenda Item ..1:: A
2nd Reading February 3, 2009 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission amend the effective date of Ordinance No.
2008-08 from January 1, 2009 to April 1 , 2009.
THE REQUEST
City staff is requesting adoption of an ordinance to amend the effective date of Ordinance
No. 2008-08 from January 1, 2009 to April 1 , 2009.
BACKGROUND
On April 8, 2008, the City Commission adopted Ordinance No. 2008-08 which enacted an
transportation mitigation impact fee and schedule of fees for development activity to
support mobility within the City of Aventura. The Ordinance is attached as Exhibit #1 to
this report. Due to the economic slowdown at the time of adoption of the Ordinance and to
allow developers in our City to plan for this new impact fee, the effective date was set for
January 1, 2009. Interested parties requested that the City review economic conditions
prior to the proposed effective date. There has been no significant improvement in the
economy to date and staff therefore recommends a three month extension of the effective
date from January 1, 2009 to April 1, 2009. All other provisions of the Ordinance will
remain the same.
ORDINANCE NO. 2008-08
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE
IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 "TRANSPORTATION MITIGATION
IMPACT FEE"; ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.31801, Florida Statutes, entitled the "Florida
Impact Fee Act", the Florida Legislature found that impact fees are an important source
of revenue for a local government to use in funding the infrastructure necessitated by new
growth; and
WHEREAS, pursuant to Section 163.3177, Florida Statutes, the Legislature
enacted a transportation concurrency law which provides that public transportation
facilities and services needed to support development shall be available concurrent with
the impacts of development; and
WHEREAS, the Legislature recognized that there are areas where construction of
new or expanded roadways is not possible; and
WHEREAS, pursuant to Section 163.3180, Florida Statutes, local governments
may exempt an area from transportation concurrency (a "Transportation Concurrency
Exception Area") if the proposed development is 1) otherwise consistent with the local
Comprehensive Plan, 2) a project that promotes public transportation or is within an area
designated for urban infill development; and 3) the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the designated
exception area; and
EXHIBIT # 1
01-IF-09
Ordinance No. 2008-08
Page 2
WHEREAS, the City of Aventura (the "City") was designated as a Transportation
Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan
in December of 1998; and
WHEREAS, the City of Aventura is in the unique position of a compact, high
density, regional destination community nearing buildout that lacks parallel roadway
facilities to provide relief to heavily congested and constrained corridors; and
WHEREAS, the City adopted strategies in the City of Aventura Comprehensive
Plan to support and fund mobility within the designated exception area, including impact
fees and other methods which developers can use to mitigate impacts to the
transportation system by contributing funds for alternative modes of transportation that
promote mobility, particularly, the expansion, operation and maintenance of the City's
Circulator System. also known as the "Aventura Express" or as it may be renamed in the
future or any similar future transit system operated by the City, (the "Circulator System")
as further described in a study entitled "A Program of Transportation Mitigation" prepared
for the City of Aventura by James C. Nicholas, PhO, dated August 15, 2007, and revised
March 13. 2008 (the 'Transportation Mitigation Study"); and
WHEREAS, the City included an impact fee analysis in the Transportation
Mitigation Study to determine if an impact fee could be used to fund the expansion,
operation and maintenance of the City's Circulator System; and
WHEREAS the Transportation Mitigation Study finds that the City of Aventura can
accommodate the mobility needs of new development by expansion of the Circulator
System with the payment of a transportation mitigation impact fee, and recommends that
the City adopt such a fee to support mobility through the use of mass transit within the
City and the City's policy of transportation concurrency exception; 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 City Commission, acting in its capacity as the Local Planning
Agency has reviewed this ordinance to adopt a transportation mitigation impact fee
2
Ordinance No. 2008-08
Page 3
during a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
transportation mitigation impact fee ordinance recommended by the City Commission,
acting in its capacity as the Local Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that such action is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. City Code Amended. That the City Code of the City of
Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV
"Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation
Mitigation Impact Fee" to read as follows:
"Sec. 2-302. Transportation Mitigation Impact Fee.
(a) Impact Fee; In General.
1. This Section is intended to support and fund mobility within the City's
Transportation Concurrency Exception Area by collecting a transportation
mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the
expansion, operation and maintenance of the City's Circulator System, also
known as the Aventura Express, or as it may be renamed in the future or any
similar future transit system (the "Circulator System").
3
Ordinance No. 2008-08
Page 4
2. In construing the provisions of Section 2-302, the pertinent definitions
contained in Section 2-301 (b) shall apply unless otherwise provided.
3. Any application for a Building Permit for Development Activity, as defined in
Section 2-301 (b), within the corporate limits of the City shall be subject to the
assessment of a Transportation Mitigation Impact Fee in the manner and amount
set forth in this Section. No Building Permit shall be issued by the City until the
applicant has paid the assessed Transportation Mitigation Impact Fee as
calculated pursuant to this Section.
4. Notwithstanding payment of the Transportation Mitigation Impact Fees
pursuant to this Section, other state and local regulations may limit the issuance
of a Building Permit.
5. In the event Transportation Mitigation Impact Fees are paid prior to or
concurrent with the issuance of a Building Permit and subsequently, the Building
Permit is amended, the applicant shall pay the Transportation Mitigation Impact
Fee in effect at the time the amended Building Permit is issued with credit being
given for the previous fee paid.
6. In the case of Development Activity involving a change of use, redevelopment
or expansion or modification of an existing use on site which requires issuance of
a Building Permit, the Transportation Mitigation Impact Fee shall be based on
the net increase in the Transportation Mitigation Impact Fee for the new use as
compared with the use in effect on the effective date of this Section.
7. If a Building Permit is cancelled without development commencing, then the
applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a
refund, without interest, of the Transportation Mitigation Impact Fee paid except
that the City shall retain three percent (3%) of the fee to offset a portion of the
costs of collection and refund. The applicant who paid the Transportation
Mitigation Impact Fee shall submit an application for such a refund to the City
4
Ordinance No. 2008-08
Page 5
Manager or his designee within thirty (30) days of the expiration of the order or
permit, or thereafter be deemed to waive any right to a refund.
8. in the event the Circulator System is discontinued by action of the City
Commission, or if the City fails to use or encumber any existing funds by the end
of the calendar quarter immediately following ten (10) years from the effective
date of this Section, upon application of the then current fee simple title holder,
funds may be returned to such title holder, without interest, provided that the title
holder submits an application for a refund to the City Manager or his designee
within one hundred and eighty (180) days of the expiration of the ten (10) year
period. However, this section shall not apply to Development of Regional Impact
or any development with phased or long term buildout. Any claim not so timely
made shall be deemed waived.
9. Funds shall be deemed expended for the purposes of this Section when a
contract, agreement or purchase order encumbering all or a portion of the
payment of said funds shall be approved by final City action.
(b) Impact Fee Computation Formula.
1. The applicant shall pay a Transportation Mitigation Impact Fee amount based
on the formula set forth in the table below or as it may be amended by Ordinance
of the City Commission. The fee shall be collected by the Community
Development Department prior to issuance of a Building Permit for Development
Activity. Such fee will be based on the cost required to serve the increased
demand for use of the Circulator System resulting from the proposed new
Development Activity. The formula to be used to calculate the Transportation
Mitigation Impact Fee is established as follows for each property use:
Persons Fee per Unit
Land Use (Unit of per Unit of Measure
Measure) of
Measure
Residence per Dwellina 0.972 $803.05
Office per 1,000 FP 1.557 $1,286.59
5
Ordinance No. 2008-08
Page 6
2.175 $1,797.33
2.720 $2,247.22
1.319 $1,089.35
2.312 $1,910.09
2. The fee per Residential Dwelling Unit or fee per thousand nonresidential
square feet shall be multiplied by the applicant's total number of dwelling units for
residential property or total number of thousands of square feet for nonresidential
property. The total will then be multiplied by 1.03 for a general administrative
charge of three (3%) percent. The resulting total is the Transportation Mitigation
Impact Fee and administrative charge, which amount shall be paid by the
applicant.
3. An applicant may choose to prepare a study to identify a more precise
calculation of the impact of his or her proposed Development Activity on the City's
Circulator System. If the applicant chooses this option, the applicant shall prepare
and submit to the City Manager an Alternative Transportation Mitigation Impact
Fee Calculation Study (the "Alternative Fee Study"), containing professionally
accepted methodologies and formats as well as traffic, engineering, occupancy
and other documentation in support of the basis upon which the alternative
calculation was determined. The Alternative Fee Study shall be prepared and
presented by professionals qualified in their respective fields and employ methods
recognized within those respective fields. The City Manager shall consider the
Alternative Fee Study submitted by the applicant, but is not required to accept
such documentation if he believes the information to be inaccurate or not reliable.
In this case, the City Manager may require the applicant to submit additional or a
different Alternative Fee Study for consideration. If an acceptable Alternative Fee
Study is not presented, the applicant shall pay the Transportation Mitigation Impact
Fee based upon the schedules shown in paragraph 1 of this section. If the City
Manager approves a Transportation Mitigation Impact Fee in an amount other than
6
Ordinance No. 2008-08
Page 7
that determined by the Alternative Fee Study, the applicant may appeal the City
Manager's decision to the City Commission by filing a written request with the City
Clerk within ten (10) days of the date of the City Manager's decision.
4. In the case of Development Activity involving a change of use or magnitude of
use for which a Building Permit is required, the proposed development shall be
required to pay a Transportation Mitigation Impact Fee only for the increase in use
of the Circulator System resulting from new Development Activity. The
Transportation Mitigation Impact Fee shall be the difference between the
computed Transportation Mitigation Impact Fee for the proposed Development
Activity and the computed Transportation Mitigation Impact Fee for the existing
Development Activity. Any Building Permit which expires or is revoked after the
effective date of this Section and for which a fee has not previously been paid
under this Section shall be required to comply with the provisions herein. No
refunds will be given for proposed development activity resulting in a negative fee
calculation.
5. If the type of activity within a proposed or current development is not specified,
the City Manager or his designee shall use the activity most nearly comparable
that will result in payment of a fair and equitable Transportation Mitigation Impact
Fee.
6. In determining existing Development Activity and the units or thousands of
square feet of proposed or existing development, the Community Development
Department shall use the Building Permit and the Certificate of Use information
contained in the building or zoning records of Miami-Dade County or the City.
(c) Impact Fee Exemptions.
1. Alteration, expansion or replacement of an existing building or residential
dwelling unit where the use is not changed and the number of residential dwelling
units or square footage is not increased shall not be subject to the Transportation
Mitigation Impact Fee.
7
Ordinance No. 2008-08
Page 8
2. The burden of demonstrating the prevIous use or previous payment of a
Transportation Mitigation Impact Fee shall be upon the applicant. In cases where
there is an existing use, any additional fees shall be based upon the alteration
and/or addition to the existing use.
3. Government or public facilities used for governmental purposes are exempt
from the Transportation Mitigation Impact Fee, including those parcels, grounds,
buildings or structures owned by the federal government, State of Florida, Miami-
Dade County, the City, the Miami-Dade County Public Schools or the South
Florida Water Management District, including, but not limited to, governmental
offices, police and fire stations, airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures, schools, parks and similar
facilities in or through which general government operations are conducted. It is
provided, however, that the following shall not be considered governmental or
public facilities and shall be subject to the provision of this Section: (1) privately
owned properties or facilities leased for governmental operations or activities and
privately owned charter schools; (2) public properties or facilities used for private
residential, commercial or industrial activities.
4. The construction of accessory buildings or structures is exempt where 1) the
use is not changed, 2) any additional impact on the Circulator System is negligible;
and 3) the number of residential dwelling units or square footage is not increased.
5. A building replacement meeting the requirements of the Florida Building Code,
(where such replacement is necessitated by partial destruction) and meeting the
requirements of the City's Land Development Regulations, is exempt.
6. Parking garages are exempt from the Transportation Mitigation Impact Fee
when the structure is accessory to a primary use.
7. An exemption must be claimed by the applicant prior to paying the
Transportation Mitigation Impact Fee. Any exemption not so claimed prior to
payment shall be deemed to have been waived by the applicant.
8
Ordinance No. 2008-08
Page 9
(d) Impact Fee Expenditures.
1. Expenditures from the Impact Fee shall include, but not be limited to:
a) All costs related to expansion of the Circulator System;
b) All costs related to operation of the Circulator System; and
c) All costs related to maintenance of the Circulator System.
2. The three (3%) percent general administrative cost portion of the
Transportation Mitigation Impact Fee, as provided for herein, shall be deposited
into the General Fund and shall be used to offset the costs of administering the
Transportation Mitigation Impact Fee.
(e) Establishment of Fund. Transportation Mitigation Impact Fees collected
pursuant to this Section shall be accounted for in the Transportation and Street
Maintenance Fund established by the City.
(f) Review and Assessment of Fee. The City Manager shall review the contents of
this section at least every three (3) years and, if appropriate, make recommendations to
the City Commission to revise it. The first such review shall be no later than January 1,
2011. The City Commission shall consider the City Manager's recommended revision(s)
to this section and decide whether to adopt them."
Section 3. 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 City of Aventura Code of Ordinances; 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 as needed.
Section 4. 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
9
Ordinance No. 2008-08
Page 10
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. Special Notice. That, pursuant to Section 163.31801(3)(d), Florida
Statutes, notice of the adoption of this Ordinance shall be published by the City Clerk
no fewer than ninety (90) days before the effective date of this Ordinance imposing new
impact fees.
Section 6. Effective Date. That following adoption on second reading, the
provisions of Section 5 of this Ordinance shall be effective immediately, and the
remaining provisions of this Ordinance shall be effective from and after the first day of
January, 2009.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Stern, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Terj Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on second reading. This motion was seconded by Vice Mayor Auerbach,
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
10
Ordinance No. 2008-lW
Page 11
PASSED on first reading on this 8th day of January, 2008.
PASSED AND ADOPTED on this 8th day of pril,2008.
APPROVED AS TO LEGAL SUFFI~NCY:
r--rt~ ~
CITY ATTORNEY
"'.
...
11
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO.
2008-08 ADOPTED ON APRIL 8, 2008, WHICH
ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT IN THE CITY OF AVENTURA;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2008-08 establishing a transportation mitigation impact
fee and schedule for mitigation of transportation impacts by new development in the City
of Aventura was adopted by the City Commission on April 8, 2008 following duly noticed
public hearings; and
WHEREAS, the City Commission directed City staff during the public hearings to
monitor the economic climate prior to the effective date of Ordinance No. 2008-08 and
to recommend adjustment to said effective date based on economic conditions as of
the proposed effective date; and
WHEREAS, staff has determined that there has been no improvement to the
economic conditions since April, 2008; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed the proposed change to the effective date of Ordinance No.
2008-08 from January 1, 2009 to April 1 , 2009 during a required public hearing and has
recommended approval of this Ordinance to the City Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
Ordinance as recommended by the City Commission, acting in its capacity as the Local
Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that the Ordinance is consistent with the Comprehensive Plan.
Ordinance No. 2009-
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. That Section 6, "Effective Date" of Ordinance No. 2008-08 IS
hereby amended as follows:
"Section 6. Effective Date. That following adoption on second reading, the
provisions of Section 5 of this Ordinance shall be effective immediately, and the
remaining provisions of this Ordinance shall be effective from and after the first day of
January, 2009 the first day of April. 2009.,,1
Section 3. All other provisions of Ordinance No. 2008-08 adopted by the City
Commission on April 8, 2008 shall remain the same and in full force and effect.
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 City of Aventura Code of Ordinances; 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 as needed.
Section 5. 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.
1 Stricken through text indicates proposed deletions. Underlined text indicates proposed insertions.
Ordinance No. 2009-
Page 3
Section 6. Effective Date. That following adoption on second reading, the
provisions of this Ordinance shall be effective immediately.
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 Michael Stern
Commissioner Teri Holzberg
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 Michael Stern
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading on this 13th day of January, 2009.
Ordinance No. 2009-
Page 4
PASSED AND ADOPTED on second and final reading this 3rd day of February, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATT/;;;i h-vi ~
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager
ctor
BY:
Joanne Carr, AICP
Community Develop
DATE: December 10, 2008
SUBJECT: Petition of the City of Aventura to Adopt a Ten-Year Water Supply
Facilities Work Plan; to Amend the City of Aventura Comprehensive
Plan as required to implement the Ten-Year Water Supply Facilities
Work Plan; and to transmit the amendments to the Florida Department
of Community Affairs (01-CPA-08)
January 13, 2009 Local Planning Agency Agenda Item ~
January 13,2009 First Reading City Commission Meeting Agenda Item:1.l3
, 2009 Second Reading City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission take the following actions:
1. Adopt a Ten-Year Water Supply Facilities Work Plan for the City of Aventura.
2. Approve and adopt amendments to the City of Aventura Comprehensive Plan to
implement the Ten-Year Water Supply Facilities Work Plan, as follows:
i) Amendments to the Future Land Use Element:
. Add Policy 7.2 to Objective 7 to provide for co-ordination of current and future
land uses with the availability of water supply
. Add Policy 7.3 to Objective 7 to require that proposed amendments to the
Future Land Use Map provide data and analysis demonstrating adequate
water supply and facilities
1
H) Amendments to the Infrastructure Element, Infrastructure Goal 1 of the Plan as
follows:
. Amend Policy 2.1 of Objective 2 to add Level of Service standards for
Potable Water Supply for the City of North Miami Beach, which services the
water demand for a portion of the City of Aventura.
. Amend Policy 2.3 of Objective 2 to require that adequate water supply is
available concurrent with the impact of development.
. Amend Policy 2.6 of Objective 2 to extend the planning year from 2015 to
2025.
. Add a new Policy 2.7 to Objective 2 to create and adopt a Water Supply
Facilities Work Plan into the Comprehensive Plan by reference.
. Amend Policies 5.1 and 5.2 of Objective 5 to add reference to the City of
North Miami Beach.
. Amend Policy 5.3 of Objective 5 to create a Water Supply Facilities Work
Plan.
Hi) Amendments to the Infrastructure Element, Aquifer Recharge Goal in the Plan as
follows:
. Amend Objective 1 to add Miami-Dade County Water and Sewer Department
and the City of North Miami Beach.
ivy Amendments to the Capital Improvements Element of the Plan as follows:
. Amend Policy 2.4 of Objective 2 to add Level of Service standards for
Potable Water Supply for the City of North Miami Beach, which services the
water demand for a portion of the City of Aventura.
v) Amendments to the Intergovemmental Coordination Element of the Plan as
follows:
. Amend Policy 2.3 of Objective 2 to require coordination among the Water
Supply Facilities Work Plans of the South Florida Water Management District,
Miami-Dade Water and Sewer Department and the City of North Miami
Beach with the City of Aventura Water Supply Facilities Work Plan.
. Add a new Policy 2.4 to Objective 2 to identify and require consistency of
current and future level of service standards between the City of Aventura,
Miami-Dade Water and Sewer Department and the City of North Miami
Beach.
2
vi) Amendments to the Conservation & Coastal Management Element of the Plan as
follows:
. Amend Policy 8.2 of Objective 8 to add reference to the City of North Miami
Beach; add the recently adopted Miami-Dade County Ordinance 08-14
regarding efficient plumbing fixtures, and reference to water saving irrigation
standards.
. Add a new Policy 8.3 to Objective 8 to require coordination regarding the
availability of water supplies to serve new development prior to the issuance
of a certificate of occupancy.
. Renumber existing Policies 8.3 through 8.7 of Objective 8 as Policies 8.4
through 8.8 respectively.
. Amend newly numbered Policies 8.5 and 8.7 to add reference to the City of
North Miami Beach.
. Amend newly numbered Policy 8.8 to adopt by reference the City's Ten-Year
Water Supply Facilities Work Plan and require future coordination with the
appropriate agencies.
3. It is further recommended that the City Commission approve the transmittal of
the plan amendments to the Florida Department of Community Affairs and
other agencies for review prior to adoption.
THE REQUEST
City staff is requesting approval of a Ten-Year Water Supply
Facilities Work Plan and amendments to the City of Aventura Comprehensive Plan in
order to comply with Florida law.
BACKGROUND
The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to
address the state's water supply needs. These bills, especially Senate Bills 360 and
444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida
Statutes (F.S.) by strengthening the statutory links between the regional water supply
plans prepared by the water management districts and the comprehensive plans
prepared by local governments. In addition, these bills established the basis for
improving coordination between the local land use planning and water supply
planning.
The proposed City of Aventura Water Supply Facilities Work Plan is attached as
Exhibit #1. The purpose of this work plan is to identify and plan for the water supply
sources and facilities needed to serve existing and new development within the City's
jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and
adopt Work Plans into their comprehensive plans within 18 months after the water
management district approves a regional water supply plan or its update. The Lower
3
East Coast Water Supply Plan Update was approved by the South Florida Water
Management District on February 15, 2007. The City has been working diligently
with Miami Dade Water & Sewer Department and the City of North Miami Beach
since adoption of the Lower East Coast Water Supply Plan Update to complete this
work plan for our City.
Residents of the City of Aventura obtain their water directly from either the Miami-
Dade County Water and Sewer Department or from the City of North Miami Beach.
Each of these water providers is responsible for ensuring that enough capacity is
available for existing and future customers. Each has prepared their own Water
Supply Facilities Work Plan and transmitted them to the State for approval. The
City's work plan co-ordinates with our suppliers' work plans. The City's responsibility
under our work plan is to ensure co-ordination of our comprehensive plan water use
goals, objectives and policies and to support water conservation and reuse with
these two agencies and with the South Florida Water Management District.
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.
Notice of the proposed amendments has been properly published. The hearing
procedure requires one public hearing by the Local Planning Agency and two public
hearings by the City Commission. If adopted on first reading, the ordinance will be
transmitted to the Florida Department of Community Affairs and all applicable
agencies. The ordinance will be scheduled for second and final reading once any
objections, recommendations and comments from these agencies have been
addressed.
The proposed revisions to the elements have been drafted to be consistent with the
Miami-Dade County and the City of North Miami Beach Water Supply Facilities Work
Plans and to comply with all statutory requirements.
4
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING
A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY
AMENDING THE FUTURE LAND USE ELEMENT, THE
INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS
ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT
AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT OF
THE CITY OF AVENTURA COMPREHENSIVE PLAN TO IMPLEMENT
THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY FACIILTIES
WORK PLAN REQUIRED PURSUANT TO CHAPTER 163, PART II,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 2002, 2004 and 2005 the Florida Legislature expanded local
government comprehensive plan requirements to strengthen coordination of water supply
planning in the State; and
WHEREAS, Section 163.3177, Florida Statutes requires that local comprehensive
plans must coordinate with the appropriate water management district's regional water
supply plan; and
WHEREAS, the City of Aventura proposes to adopt a Ten-Year Water Supply
Facilities Work Plan; and
WHEREAS, the City of Aventura has proposed amendments to the Future Land
Use, Infrastructure, Capital Improvements, Intergovernmental Coordination, and
Conservation and Coastal Management Elements of the Comprehensive Plan to
implement the Ten-Year Water Supply Facilities Work Plan and to coordinate water
supply planning in order to comply with State Statute; and
WHEREAS, at a public hearing on January 13, 2009, the City of Aventura Local
Planning Agency reviewed the proposed Ten-Year Water Supply Facilities Work Plan and
the amendments to the Comprehensive Plan elements, found the proposed changes to
be consistent with the City of Aventura Comprehensive Plan and recommended approval
Ordinance No. 2009-
Page 2 of 12
of the Ten-Year Water Supply Facilities Work Plan and comprehensive plan amendments
to the City Commission.
WHEREAS, the City Commission finds that the proposed amendments will not
result in impacts on any infrastructure system that will exceed established level of service
standards and are 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 a Ten-Year Water Supply Facilities Work
Plan and to adopt the amendments to the Future Land Use, Infrastructure, Capital
Improvement, Intergovernmental Coordination, and Conservation and Coastal
Management Elements to strengthen coordination of water supply planning and local
land use planning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. FindinQs. The foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. The Ten-Year Water Supply Facilities Work Plan dated December
9, 2008, attached as Exhibit #1 to this Ordinance, is hereby adopted as the water
supply facilities work plan for the City of Aventura.
Section 3. Amendments to the Future Land Use Element. The Future Land
Use Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1:
Policy 7.2 is added to Objective 7 to provide for coordination of current and future land
uses with the availability of water supply.
Policv 7.2
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged.
Ordinance No. 2009-
Page 3 of 12
The City. throuah its Land Development Reaulations and in coordination with the Ten-
Year Water Supplv Facilities Work Plan will coordinate current land uses and any future
land use chanaes with the availabilitv of water supplv system.
Policy 7.3 is added to Objective 7 to require that proposed amendments to the Future
Land Use Map provide data and analysis demonstrating adequate water supply and
facilities
Policv 7.3
The City shall require proposed amendments to the Future Land Use Map provide data
and analvsis demonstratina adequate water supplv and facilities are available.
Section 4. Amendments to the Infrastructure Element. The Infrastructure
Element of the City of Aventura Comprehensive Plan is hereby amended as follows 1:
Policy 2.1 of Objective 2 is amended to add Level of Services standards for Potable
Water Supply for the City of North Miami Beach, which services a portion of the City of
A ventura
Policy 2.1
To assure an adequate level of service, potable water and sanitary sewer facilities shall
meet the following level of service standards, as adopted by Miami-Dade County Water
and Sewer Department and the City of North Miami Beach, the City's current service
provider~.
1) Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department
(a) The system shall operate with a rated maximum daily capacity which is no less
than 2 percent above the maximum daily flow for the preceding year, and an average
daily capacity 2 percent above the average daily per capita system demand for the
preceding 5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds per
square inch (psi) and no greater than 100 psi. Unless otherwise approved by the
Miami-Dade Fire Department, minimum fire flow based on the land use served shall be
maintained as follows:
Land Use Min. Fire Flow
Single Family Residential/Estate 500 gal/min
Single Family, Duplex, and Residential on minimum 750 gal/min
Ordinance No. 2009-
Page 4 of 12
lots of 7,500 sf.
Multi-Family Residential
Semiprofessional Offices, Hospitals, Schools
Business and Industry
1,500 gal/min
2,000 gal/min
3,000 gal/min
(c) Water quality shall meet all federal, State and County primary standards for
potable water.
(d) System-wide storage capacity for finished water shall equal no less than 15
percent of the system average daily demand.
Area Serviced bv North Miami Beach
Potable Water: the City's water system shall provide 144 Qallons per person per day
at a pressure of 40 pounds per square inch (psi). The City attempts to maintain a
water pressure of 40 pounds per square inch (psi) althouQh 20 psi is the leQal
minimum.
Policy 2.3 of Objective 2 is amended to require that adequate water supply is available
concurrent with the impact of the development
Policy 2.3
Except as provided by Objective 1 and the supporting policies, no development order
authorizing new development or a significant expansion of an existing use shall be
issued for any area of the City which is served by a potable water or sanitary sewer
facility which does not meet the standards in Policy 2.1 or will not meet these standards
concurrent with the completion of the development. In any case where these federal,
state, or county standards referenced in Policy 2.1 are revised, a reasonable time for
compliance with the new standards shall be allowed.
Prior to approvinQ a buildinQ permit. the City shall require that adequate water supplies
to serve the new development will be available no later than the anticipated date of a
certificate of occupancy or its functional equivalent.
Policy 2.6 of Objective 2 is amended to extend the year from 2015 to 2025
Policy 2.6
The City shall continue to coordinate with a provider who shall continue the expansion
of existing water and wastewater treatment plants to meet demand through the year
2-Q4.5 2025.
Policy 2.7 of Objective 2 is added to create and adopt a Water Supply Facilities Work
Plan by reference
Ordinance No. 2009-
Page 5 of 12
Policy 2.7
The City shall create and adopt a Water Supply Facilities Work Plan that is consistent
with the South Florida Water Manaoement District's Lower East Coast Reoional Water
Supply Plan. Miami-Dade Water and Sewer Department's Work Plan. and the City of
North Miami Beach's Work Plan. The City's Work Plan will be updated within 18
months after the South Florida Water Manaoement District's Lower East Coast
Reoional Water Supply Plan. Miami-Dade Water and Sewer Department's Work Plan,
and the City of North Miami Beach's Work Plan are updated. The City of Aventura.
Florida. Water Supply Facilities Work Plan dated December 9, 2008 is hereby adopted
by reference.
Policies 5. 1 and 5.2 of Objective 5 are amended to add the City of North Miami Beach
Policy 5.1
The City of Aventura shall encourage support Miami-Dade County and the City of North
Miami Beach in the development of its future potable water supplies, to the maximum
extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer,
protect the quality of surface water and related ecosystems, and comply with the land
use and environmental protection policies of the Miami-Dade County CDMP, the City of
North Miami Beach, the Strategic Regional Policy Plan for South Florida, and the State
Comprehensive Plan.
Policy 5.2
When reclaimed water becomes available, the City shall consider its use on public and
private properties. Currently, the Miami-Dade Water and Sewer Department and the
City of North Miami Beach is are responsible for implementing any reuse that is
deemed by the County to be economically feasible.
Policy 5.3 of Objective 5 is amended to create a Water Supply Facilities Work Plan
Policy 5.3
The City shall create a Ten-Year Water Supply Facilities Work Plan that is consistent
with revic').' the '/later supply facility the work plans of Miami-Dade County MDWASD
and the City of North Miami Beach, as they are adopted and/or periodically updated, in
order to identify alternative projects that will increase its water supply, and shall
coordinate with Miami-Dade County and the City of North Miami Beach, as appropriate,
in the implementation of these projects.
Ordinance No. 2009-
Page 6 of 12
Objective 1 of the Aquifer Recharge Goal in the Infrastructure Element is amended to
add Miami-Dade County Water and Sewer Department and the City of North Miami
Beach
The City shall support the efforts of the County Miami-Dade County Water and Sewer
Department and the City of North Miami Beach to identify significant ground water
resources and protect them through land use controls, public acquisition, easements or
other appropriate methods.
Section 5. Amendment to Capital Improvements Element. The Capital
Improvements Element of the City of Aventura Comprehensive Plan is hereby amended
as follows 1 :
Policy 2.4 of Objective 2 is amended to add Level of Services standards for Potable
Water Supply for the City of North Miami Beach which services a portion of the City of
A ventura
Policy 2.4
The Five-Year Capital Improvements Program, or the City's contract providers as
appropriate, shall incorporate the identified capital investments from each functional
element and will be based on the following LOS standards: [9J-5.016(3)(c)4]
Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department:
a) The treatment system shall operate with a rated maximum daily capacity
which is no less than two percent (2%) above the maximum daily flow for the
preceding year, and an average daily capacity two percent (2%) above the
average daily per capita system demand for the preceding five (5) years.
Water shall be delivered to users at a pressure no less than twenty (20)
pounds per square inch (psi) and no greater than 100 psi. Unless otherwise
approved by the Miami-Dade Fire Department or successor entity, minimum
fire flow, based on the land use served, shall be maintained as follows:
Minimum Fire Flow
Land Use
Gallons per Minute
Single Family Residential Estate Density 500
Single Family and Duplex Residential on Minimum lots 750
Ordinance No. 2009-
Page 7 of 12
of 7,599 ft2
Multi-family Residential, Semiprofessional Offices
Hospitals, Schools
Business and Industry
1,500
2,000
3,000
b) Water quality shall meet all federal, state and county primary standards for
potable water.
c) System-wide storage capacity for finished water shall equal no less than fifteen
(15) percent of the system-wide average daily demand.
Area Serviced bv North Miami Beach
Potable Water: the City's water system shall provide 144 oallons per person per
day at a pressure of 40 pounds per square inch (psi). The City attempts to
maintain a water pressure of 40 pounds per square inch (psi) althouoh 20 psi is
the leoal minimum.
Section 6. Amendment to the Interaovernmental Coordination Element. The
Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is
hereby amended as follows 1 :
Policy 2.3 of Objective 2 is amended to specify coordination among the work plans of
the South Florida Water Management District, Miami-Dade Water and Sewer
Department and the City of North Miami Beach with the City of A ventura Work Plan
Policy 2.3
The City shall support, as appropriate, Miami Dade County's and North Miami Beach's
development and implementation of the \^!ater Supply Facilities Work Plan required by
Florida Statute and the water conservation efforts of other agencies.
The City shall ensure coordination of the comprehensive plan with the most current
South Florida Water Manaoement District. Miami-Dade County Water and Sewer
Department and North Miami Beach Water Supply Plans when proposino and/or
amendino the City's Ten-Year Water Supply Facilities Work Plan. The City's Work Plan
shall be updated within 18 months after the South Florida Water Manaoement District
updates the Lower East Coast Reoional Water Supply Plan. The City shall maintain a
record of City staff attendance and participation in appropriate interoovernmental and/or
multi-jurisdictional coordination efforts (i.e. meetinos. workshops, committees,
aoreements).
Ordinance No. 2009-_
Page 8 of 12
Policy 2.4 of Objective 2 is added to identify and ensure consistency of level of service
standards between the City of A ventura, Miami-Dade Water and Sewer Department
and the City of North Miami Beach
Policv 2.4
The City shall ensure and identify the consistency of local level of service standards bv
annuallv contactinq Miami-Dade County Water and Sewer Department and the City of
North Miami Beach as the City's service providers, to obtain current information,
includinq populations, level of services, service areas, water supplv facilities,
implementation schedule of required potable water conservation and reuse measures
and evaluate if future modification to either the service aQreement or level of service
standards should be included in subsequent Comprehensive Plan Amendments. This
contact may be bv way of meetinq of the Miami-Dade Planners Technical Committee or
bv mutuallv aqreed upon tri-partv meetinqs.
Section 7.
Amendment to the Conservation and Coastal Manaaement
Element. The Conservation and Coastal Management Element of the City of Aventura
Comprehensive Plan is hereby amended as follows 1:
Policy 8.2 of Objective 8 is amended to add the City of North Miami Beach; add the
recently approved Miami-Dade County Ordinance 08-14 regarding efficient plumbing
fixtures; and add reference to water saving irrigation standards.
Policy 8.2
In order to comply with policies of the South Florida Water Management District
directed toward conservation of potable water supply and to achieve a reduction in the
current rates of water consumption the following performance standards shall apply:
. Where non-potable alternative sources of irrigation water are available
potable water supplies may not be used to meet irrigation needs.
. The City of Aventura shall encourage coordinate with the Miami-Dade
Water and Sewer Department (MDWASD) and the City of North Miami
Beach to study the feasibility of using reclaimed water as one method of
reducing the amounts of potable water used for non-potable activities.
. Require the use of water-saving plumbing fixtures in all new developments
as required bv Miami-Dade County Ordinance 08-14.
Ordinance No. 2009-_
Page 9 of 12
. Require the use of water-saving plumbing fixtures when plumbing fixtures
are replaced or retrofitted.
· In order to reduce demand for irrigation water (which in turn often places
greater demand upon potable water sources), at least seventy percent
(70%) of all landscaping material obtained from off-site sources for use on
any site should be native plant material adapted to soil and climatic
conditions existing on the subject site such as landscapinQ principles
identified in FDEP LandscapinQ IrriQation and Florida-Friendly DesiQn
Standards.
. To further reduce water demand at least fifty percent (50%) of all trees
used in landscaping shall be native species adapted to soil and climatic
conditions existing on-site.
Policy 8.3 of Objective 8 is added to ensure coordination regarding the availability of
water supplies to serve new development prior to a certificate of occupancy
Policv 8.3
The City of Aventura will cooperate with MDWASD and the City of North Miami Beach
to require that before the issuance of a buildinQ permit or its functional equivalent.
adequate water supplies to serve the new development will be available no later than
the anticipated date of issuance by the local Qovernment of a certificate of occupancy or
its functional equivalent.
Policies 8.3 through 8. 7 of Objective 8 are renumbered and newly numbered Policies
8.5 and 8.7 are amended to add the City of North Miami Beach
Policy 8.3 Policy 8.~
The City of Aventura shall continue to cooperate with local, regional, state and federal
agencies for the management of fresh water resources to maintain adequate fresh
water supplies during dry periods and to, when practicable, conserve water.
Policy 8.4 Policy 8.~
The City of Aventura shall continue to cooperate with MDWASD, the City of North
Miami Beach and the South Florida Water Management (SFWMD) for the
implementation of water demand management policies and programs.
Policy 8.5 Policy 8.~
The City of Aventura shall continue to require compliance with all applicable federal,
state, regional and county water quality standards.
Ordinance No. 2009-_
Page 10 of 12
Policy 8.6 Policy 8.I
The City of Aventura shall cooperate with MDWASD, the City of North Miami Beach
and the SFWMD to conserve water resources during emergencies.
Newly numbered Policy 8.8 of Objective 8 is amended to adopt the City's Ten-Year
Water Supply Facilities Work Plan and ensure future coordination with the appropriate
agencies
Policy 8.7 Policy 8.!!
The City shall adopt a Ten-Year Water Supplv Facilities Work Plan. The City shall
coordinate implementation of the Work Plan's Qoals. obiectives and policies with the
work plans of support, as appropriate, the South Florida Water ManaQement District,
Miami-Dade County Water and Sewer Department and the City of North Miami Beach:.
in their developmont ~md implementation of the VVater Supply Facilities \Norkplan
required by Florida Statute, The City shall also coordinate its efforts to conserve water
with the efforts of these aQencies in their aM tRe water conservation efforts and other
agencies.
Section 8. 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 9. 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 10. Transmittal. That the City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs and other
agencies as required under Chapter 163, Part II of the Florida Statutes.
Section 11. 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 amendments adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs or Administration Commission
Ordinance No. 2009-_
Page 11 of 12
finding the amendments 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 Amendments 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 lev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Teri Holzberg
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 lev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading this 13th day of January, 2009.
Ordinance No. 2009-_
Page 12 of 12
PASSED AND ADOPTED on second reading this _ day of _,2009.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LE
tr",
CITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
DRAFT-City of A ventura Water Supply Facilities Work Plan
CITY OF AVENTURA, FLORIDA
Exhibit #1
01-CPA-08
TEN-YEAR
WATER SUPPLY FACiliTIES
WORK PLAN
Prepared For:
Florida Department of Community Affairs
Prepared By:
City of Aventura Community Development Department
December 9,2008
DRAFT- December 9, 2008
DRAFT-City of A ventura Water Supply Facilities Work Plan
TABLE OF CONTENTS
1.0 INTRODUCTION
1.1 Statutory History
1.2 Statutory Requirements
2.0 BACKGROUND INFORMATION
2.1 Overview
2.2 Relevant Regional Issues
3.0 DATA AND ANALYSIS
3.1 Population Information
3.2 Maps of Current and Future Areas Served
3.3 Potable Water Level of Service Standard
3.4 Population and Potable Water Demand Projections by Each Local
Government or Utility
3.5 Water Supply Provided by Other Entities
3.6 Conservation
3.6.1 Countywide Issues
3.6.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
3.7 Reuse
3.7.1 Regional and Countywide Issues
3.7.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
4.0 CAPITAL IMPROVEMENTS
4.1 Work Plan Projects
4.2 Capital Improvements Element/Schedule
5.0 GOALS, OBJECTIVES AND POLICIES
DRAFT- December 9, 2008
ii
DRAFT-City of A ventura Water Supply Facilities Work Plan
1.0 INTRODUCTION
The purpose of the City of Aventura Water Supply Facilities Work Plan (Work Plan)
is to identify and plan for the water supply sources and facilities needed to serve
existing and new development within the City's jurisdiction. Chapter 163, Part II,
F.S., requires local governments to prepare and adopt Work Plans into their
comprehensive plans within 18 months after the water management district
approves a regional water supply plan or its update. The Lower East Coast Water
Supply Plan Update was approved by the South Florida Water Management District
(SFWMD) on February 15, 2007. The City has been working diligently with Miami
Dade Water & Sewer Department (MDWASD) and the City of North Miami Beach
(NMB) since adoption of the Lower East Coast Water Supply Plan Update to
complete this work plan
Residents of the City of Aventura obtain their water directly from either the Miami-
Dade County Water and Sewer Department (MDWASD) or from the City of North
Miami Beach (NMB). Each of these water providers is responsible for ensuring that
enough capacity is available for existing and future customers. The service area
maps are shown in Figure 1.
The City of Aventura Water Supply Facilities Work Plan (Work Plan) will reference
both the initiatives already identified in Miami-Dade County's 20-year Work Plan and
the City of North Miami Beach 1 O-Year Water Supply Facilities Work Plan, since the
City is a retail buyer from both of these utility providers. According to state
guidelines, the Work Plan and the comprehensive plan amendment must address
the development of traditional and alternative water supplies, bulk sales agreements
and conservation and reuse programs that are necessary to serve existing and new
development for at least a 1 O-year planning period. The City of Aventura Work Plan
will have the same 10-year planning time schedule as the City of North Miami
Beach's Work Plan since it is the shorter period of the two Work Plans.
The City's Work Plan is divided into five sections:
Section 1 - Introduction
Section 2 - Background Information
Section 3 - Data and Analysis
Section 4 - Capital Improvements
Section 5 - Goals, Objectives, Policies
1.1 Statutory History
The Florida Legislature enacted bills in the 2002, 2004, and 2005 sessions to
address the state's water supply needs. These bills, especially Senate Bills 360 and
444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida
DRAFT- December 9, 2008
3
DRAFT-City of A ventura Water Supply Facilities Work Plan
Statutes (F.S.) by strengthening the statutory links between the regional water
supply plans prepared by the water management districts and the comprehensive
plans prepared by local governments. In addition, these bills established the basis
for improving coordination between the local land use planning and water supply
planning.
1.2 Statutory Requirements
Each local government must comply with the following requirements:
1. Coordinate appropriate aspects of its comprehensive plan with the
appropriate water management district's regional water supply plan,
[163.3177(4)(a), F.S.]
2. Ensure that its future land use plan is based upon availability of adequate
water supplies and public facilities and services [s.163.3177(6)(a), F.S.,
effective July 1, 2005]. Data and analysis demonstrating that adequate water
supplies and associated public facilities will be available to meet projected
growth demands must accompany all proposed Future Land Use Map
amendments submitted to the Department for review. The submitted
package must also include an amendment to the Capital Improvements
Element, if necessary, to demonstrate that adequate public facilities will be
available to serve the proposed Future Land Use Map modification.
3. Ensure that adequate water supplies and facilities are available to serve new
development no later than the date on which the local government anticipates
issuing a certificate of occupancy and consult with the applicable water
supplier prior to approving building permit, to determine whether adequate
water supplies will be available to serve the development by the anticipated
issuance date of the certificate of occupancy [s.163.3180 (2)(a), F.S.,
effective July 1, 2005]. This "water supply concurrency" is now in effect, and
local governments should be complying with the requirement for all new
development proposals. In addition, local governments should update their
comprehensive plans and land development regulations as soon as possible
to address these statutory requirements. The latest point at which the
comprehensive plan must be revised to reflect the concurrency requirements
is at the time the local government adopts plan amendments to implement the
recommendations of the Evaluation and Appraisal Report (EAR).
4. For local governments subject to a regional water supply plan, revise the
General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural
Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within
18 months after the water management district approves an updated regional
water supply plan, to:
a. Identify and incorporate the alternative water supply project(s) selected
by the local government from projects identified in the updated regional
water supply plan, or the alternative project proposed by the local
government under s. 373.0361 (7), F.S. [so 163.3177(6)(c), F.S.];
DRAFT- December 9, 2008
4
DRAFT-City of A ventura Water Supply Facilities Work Plan
b. Identify the traditional and alternative water supply projects, bulk sales
agreements, and the conservation and reuse programs necessary to
meet current and future water use demands within the local
government's jurisdiction [so 163.3177(6)(c), F.S.]; and
c. Include a water supply facilities work plan for at least a 10-year
planning period for constructing the public, private, and regional water
supply facilities identified in the element as necessary to serve existing
and new development. [so 163.3177(6)(c), F.S.] Amendments to
incorporate the water supply facilities work plan into the
comprehensive plan are exempt from the twice-a-year amendment
limitation. [so 163.3177(6)(c), F.S.]
5. Revise the Five-Year Schedule of Capital Improvements to include any water
supply, reuse, and conservation projects and programs to be implemented
during the five-year period.
6. To the extent necessary to maintain internal consistency after making
changes described in Paragraph 1 through 5 above, revise the Conservation
Element to assess projected water needs and sources for at least a 10-year
planning period, considering the appropriate regional water supply plan, the
applicable District Water Management Plan, as well as applicable
consumptive use permit(s). [s.163.3177 (6)(d), F.S.]
If the established planning period of a comprehensive plan is greater than ten
years, the plan must address the water supply sources necessary to meet
and achieve the existing and projected water use demand for established
planning period, considering the appropriate regional water supply plan.
[s.163.3167 (13), F.S.]
7. To the extent necessary to maintain internal consistency after making
changes described in Paragraphs 1 through 5 above, revise the
Intergovernmental Coordination Element to ensure coordination of the
comprehensive plan with applicable regional water supply plans and regional
water supply authorities' plans. [s.163.3177(6)(h)1., F.S.]
8. Address in the EAR, the extent to which the local government has
implemented the 10-year water supply facilities work plan, including the
development of alternative water supplies, and determine whether the
identified alternative water supply projects, traditional water supply projects,
bulk sales agreements, and conservation and reuse programs are meeting
local water use demands. [s.163.3191 (2)(1), F.S.]
DRAFT- December 9, 2008
5
DRAFT-City of A ventura Water Supply Facilities Work Plan
2.0 BACKGROUND INFORMATION
2.1 Overview
The City of Aventura was incorporated in November 1995. The City has a land area
of approximately 3.2 square miles bounded by: Broward County and the City of
Hallandale Beach to the north; Golden Beach and Sunny Isles across Dumfounding
Bay and the Intracoastal Waterway to the east; North Miami Beach to the south,
and; unincorporated Miami-Dade County to the west.
Our 2008 population, as reported by the University of Florida, is 31,044. Although it
was not incorporated until 1995, between 1990 and 2000, the City's population
increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's
population is anticipated to increase to 32,925, an increase of 30 percent since
2000. Based on projections prepared by the University of Florida, by 2015 it is
projected that its population will increase to 37,307 (48% above the 2000 Census).
It should be noted, however, that these estimates are based on historic and current
population figures and growth trends, and do not reflect local conditions. The City is
rapidly approaching build-out, and its future development potential and population
growth is limited by the scarcity of vacant and developable land. For these reasons,
the City estimates that its population will cap out at around 32,925, the year 2010
population estimate. The population projections from the NMB and MDWASD Work
Plans for served areas project a 2010 population of approximately 36,566 and a
build-out 2030 population of 41,666.
The City of Aventura is substantially built-out. In 2005, an evaluation of existing
gross acreage by land uses revealed that 523.89 acres or 26% of the total gross
acreage in the city is dedicated to residential use. The remaining gross acreages are
allocated to non-residential use: 319.97 acres commercial (16%); 2.04 acres
industrial (0.10%); 8.81 acres Community Facilities (0.40%); 257.07 acres
Recreation and Open Space (12%); 284.81 acres Utilities and Rights of Way (14%);
104.5 acres Vacant (5%); and 531.61 acres Water (26%). Of the 104.5 acres vacant
land, about one-half has either site plan approval or vested rights.
The City is a retail water customer of both Miami Dade Water and Sewer
Department and the City of North Miami Beach. All projects within the City for water
service are required to meet the standards and code requirements of the retail
provider.
2.2 Relevant Regional Issues
As the state agency responsible for water supply in the Lower East Coast planning
area, the South Florida Water Management District (SFWMD) plays a pivotal role in
resource protection, through criteria used for Consumptive Use Permitting. As
DRAFT- December 9, 2008
6
DRAFT-City of A ventura Water Supply Facilities Work Plan
pressure increased on the Everglades ecosystem resource, the Governing Board
initiated rule making to limit increased allocations dependent on the Everglades
system. As a result, the Regional Water Availability Rule was adopted by the
Governing Board on February 15, 2007 as part of the SFWMD's water use permit
program. This reduced reliance on the regional system for future water supply
needs, mandates the development of alternative water supplies, and increased
conservation and reuse.
The City's retail suppliers both have consumptive use permits from the South Florida Water
Management District. Miami-Dade County has a 20 year consumptive use permit, subject to
numerous conditions, issued in 2007 and expiring in 2027. The City of North Miami Beach
has a 20 year consumptive use permit from issued in 2007 and expiring in 2027.
DRAFT- December 9, 2008
7
DRAFT-City of A ventura Water Supply Facilities Work Plan
3.0 DATA AND ANALYSIS
3.1 Population Information
Our 2008 population, as reported by the University of Florida, is 31,044. Although it
was not incorporated until 1995, between 1990 and 2000, the City's population
increased from 15,375 to 25,267, a 67 percent increase. By 2010, the City's
population is anticipated to increase to 32,925, an increase of 30 percent since
2000. Based on projections prepared by the University of Florida, by 2015 it is
projected that it its population will increase to 37,307 (48% above the 2000 Census).
It should be noted, however, that these estimates are based on historic and current
population figures and growth trends, and do not reflect local conditions. The City is
rapidly approaching build-out, and its future development potential and population
growth is limited by the scarcity of vacant and developable land. For these reasons,
the City estimates that its population will cap out at around 32,925, the year 2010
population estimate. The population projections from the NMB and MDWASD Work
Plans project a 2010 population of approximately 36,566 and a build-out 2030
population of 41 ,666.
3.2 Maps of Current and Future Areas Served
The maps depicting City boundaries served by the MDWASD and North Miami
Beach are provided in Figure 1.
3.3 Potable Water Level of Service Standard
Since the City of Aventura is a retail customer of both Miami-Dade MDWASD and
the City of North Miami Beach, all three level of service standards (LOS) are listed
below. Currently, the City's LOS standard is consistent with Miami-Dade County's
LOS. The City is proposing to amend the Infrastructure Element, Objective 2, Policy
2.1 of its Comprehensive Plan, to adopt two levels of service to be consistent with
the level of serviced of both of its water providers.
City of A ventura - Level of Service:
(1) Potable Water.
a. The treatment system shall operate with a rated maximum daily
capacity which is no less than two percent above the maximum daily
flow for the preceding year, and an average daily capacity two percent
above the average daily per capita system demand for the preceding
five yea rs.
b. Water shall be delivered to users at a pressure no less than 20
pounds per square inch (psi) and no greater than 100 psi. Unless
DRAFT- December 9, 2008
8
DRAFT-City of A ventura Water Supply Facilities Work Plan
otherwise approved by the Miami-Dade Fire Department or a
successor entity, minimum fire flow, based on the land use served,
shall be maintained as follows:
Land Use Type GPM
Single-family residential estate density 500
Single-family and duplex residential on minimum lots of 7,599 750
square feet
Multifamily residential, semi-professional offices 1,500
Hospitals, schools 2,000
Business and industry 3,000
c. Water quality shall meet all Federal, State and County primary
standards for potable water.
d. System-wide storage capacity for finished water shall equal no less
than 15 percent of the system-wide average daily demand.
The City's level of service standard is consistent with the Miami-Dade County level
of service standard, which is as follows:
Miami-Dade County Level of Service:
1) Potable Water Supply:
(a) The regional treatment system shall operate with a rated maximum
daily capacity no less than 2 percent above the maximum daily flow for the
preceding year, and an average daily capacity 2 percent above the
average daily system demand for the preceding 5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds
per square inch (psi) and no greater than 100 psi. Unless otherwise
approved by the Miami-Dade Fire Department, minimum fire flows based
on the land use served shall be maintained as follows:
Land Use Min. Fire Flow (gpm)
Single Family Residential Estate 500
Single Family and Duplex; Residential 750
on minimum lots of 7,500 sf
Multi-Family Residential; 1,500
Semiprofessional Offices
Hospitals; Schools 2,000
Business and Industry 3,000
(c) Water quality shall meet all federal, state, and County primary
standards for potable water.
DRAFT- December 9. 2008
9
DRAFT-City of A ventura Water Supply Facilities Work Plan
(d) Countywide storage capacity for finished water shall equal no less than
15 percent of the Countywide average daily demand.
The City's level of service standard is consistent with the City of North Miami Beach
level of service standard, which is as follows:
City of North Miami Beach Level of Service:
Potable Water: the City's water system shall provide 150 gallons per person
per day at a pressure of 40 pounds per square inch (psi). The City attempts
to maintain a water pressure of 40 pounds per square inch (psi) although 20
psi is the legal minimum.
3.4 Population and Potable Water Demand Projections by Each Local
Government or Utility
The potable water network within the City of Aventura is an interconnected county-
wide system. The City receives potable water from Miami Dade Water and Sewer
Department (MDWASD) and the City of North Miami Beach (NMB). The City
cooperates with MDWASD and NMB to jointly develop methodologies and
procedures for biannually updating estimates of system demand and capacity, and
to ensure sufficient capacity to serve development needs. MDWASD is currently
developing and implementing a water allocation system, which requires that "prior to
approval of a building permit or its functional equivalent, the local government shall
consult with the applicable water supplier to determine whether adequate water
supplies to serve the new development will be available no later than the anticipated
date of issuance by the local government of a certificate of occupancy or its
functional equivalent".
DRAFT- December 9, 2008
10
DRAFT-City of A ventura Water Supply Facilities Work Plan
The following table depicts population projections as coordinated with both utilities.
Since MDWASD and NMB use different projection years, separate tables are
provided.
POPULATION & WATER DEMAND PROJECTIONS
For the City of Aventura
(MDWASD Work Plan)
2007 2010 2015 2020 2025 2030
Overall City 34,927 35,414 36,224 36,595 36,965 37,335
Serviced by 23,030 23,495 24,270 24,622 24,974 25,325
MDWASD
Demand (MGD) 3.57 3.64 3.76 3.82 3.87 3.93
Source: Miami Dade Water & Sewer Department Water Supply Facilities Work Plan, March 2008, Exhibit 3-1, Appendix C
POPULATION & WATER DEMAND PROJECTIONS
For the City of Aventura
(NMB Work Plan)
2006 2008 2013 2018 2027 2030
Overall City
Serviced bv NMB 12,418 12,745 13,561 14,375 15,874 16,341
Demand (MGD)* 28.16 29.79 31.80 38.38 39.75
Source: City of North Miami Beach 10-Year Water Supply Facilities Work Plan, Table 4-6
"This is Total Demand. Information for City of Aventura only is not available.
It should be noted, however, that the City is rapidly approaching build-out, and its
future development potential and population growth is limited by the scarcity of
vacant and developable land. For these reasons, and notwithstanding the Miami-
Dade County and City of North Miami Beach projections, the City estimates that its
population will cap out at around 32,925, the year 2010 population estimate. Since
the two service providers project higher population for the City, the water demand
projections are higher, thus providing for a safety factor.
The following table summarizes the population projections by each of the three
government agencies. It is provided in order to clarify the different years used for
analysis and to show that at all times the service providers' population projections
are greater than the City's capped out population of 32,925.
Totals-
Aventura1 MDWASD2 NMB3 MDWASD &
NMB
2000 25,267
2006 12,418
2007 23,030 12, 58i' 35,612
2008 23, 185'" 12,745 35,930
2010 32,925" 23,495 13,0715 36,566
2013 23,960'" 13,561 37,521
2015 32,925" 24,270 13,88~ 38,157
DRAFT- December 9, 2008
11
DRAFT-City of A ventura Water Supply Facilities Work Plan
2018 24,48{' 14,375 38,856
2020 24,622 14,70sS 39,330
2025 See note 6 24,974 15,5405 40,514
2027 25,1141:> 15,874 40,988
2030 25,325 16,341 41,666
1. Based on University of Florida estimates
2. Based on MDWASD Water Supply Plan estimates
3. Based on NMB Water Supply Plan estimates
4. Aventura estimated population cap.
5. Interpolated number.
6. Population projections for years beyond 2015 will be updated on next Work Plan update and after 2010
Census.
3.5 Water Supply Provided by Other Entities
Miami Dade County Water and Sewer Department:
The Miami-Dade County 20-Year Water Supply Facilities Work Plan is incorporated
by reference. The intent of the County Work Plan is to meet the statutory
requirements mentioned in subsection 1.2 of this plan and to coordinate the
MDWASD's water supply initiatives with the SFWMD's Lower East Coast Water
Supply Plan Update.
The MDWASD's service area is all portions of Miami-Dade County within the Urban
Development Boundary (UDB), excluding Homestead, Florida City, North Miami
Beach and portions of North Miami. The areas within the Urban Expansion are
included in the planning horizon after 2015. The following summarizes Miami-Dade
County's Work Plan:
. Description of population and water demand projections (Water Supply
Service Area, Retail and Wholesale Customers, respectively, by Municipality
provides municipal population projections and projected AADF "Annual
Average Daily Flow" finished water based on 155 gallons per capita per day
(gpcd). The population information was derived from Miami-Dade County
Department of Planning and Zoning Transportation Analysis Zone (TAZ) 2004
population data. This subsection also provides a brief discussion of
MDWASD's conservation and reuse programs.);
. The Water Supply Facilities Work Plan details the facilities and proposed
alternative water supply (AWS) projects that are planned in order to meet the
water demands through 2027. These projects are expected to be completed
in increments consistent with the projected growth set forth in the Plan. The
AWS projects and annual average daily demand (AADD) assumes that all
current wholesalers will remain in the MDWASD system through 2027, except
for the City of North Miami Beach. The AWS projects are included in the
County's Capital Improvement Element.
In the 20-Year Work Plan, the MDWASD is committed to meet the water demand for
the municipalities within the service area. The City of Aventura is served by the
Hialeah Preston sub-area water treatment plant (WTP). The Hialeah and John E.
DRAFT- December 9, 2008
12
DRAFT-City of Aventura Water Supply Facilities Work Plan
Preston WTP's are located at 200 W. 2nd Ave. and 1100 W. 2nd Ave., respectively.
The adjacent facilities in Hialeah share interconnected source water and finished
water storage capacity. The two plants have similar processes. The source of water
for the Hialeah Water Treatment Plant is from the Hialeah-Miami Springs Wellfields,
supplemented by the Northwest Wellfield. The Hialeah WTP has a current rated
capacity of 60 mgd. The main source of water for the Preston WTP is from the
Northwest Wellfield. The current rated capacity is 165 mgd. MDWASD is in the
process of completing the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7
MGD, $10.3M) to satisfy the needs of its retail purchasers, who obtain water from
this facility.
City of North Miami Beach:
The City of North Miami Beach (NMB) 1 Q-Year Water Supply Facilities Work Plan is
incorporated by reference. The intent of the Work Plan is to meet the statutory
requirements mentioned in subsection 1.2 of this plan and to coordinate the City's
water supply initiatives with the SFWMD's Lower East Coast Water Supply Plan
Update.
The NMB service area is comprised roughly of the area bounded by the Atlantic
Ocean on the east; NW 3ih Avenue on the west; NW 128th, NW 135th, NW 143rd
and NE 146th on the south; and, Ives Dairy Road and Snake Creek Canal on the
north.
The following summarizes City of North Miami Beach's Work Plan:
. Description of population and water demand projections are given and the
projected AADF "Annual Average Daily Flow" finished water is based on 144
gallons per capita per day (gpcd).
. The Water Supply Facilities Work Plan details the facilities and proposed
alternative water supply (AWS) projects that are planned in order to meet the
water demands through 2030. These projects are expected to be completed
in increments consistent with the projected growth set forth in the Plan.
As detailed in the 10-Year Work Plan, NMB is committed to meet the water
demand for the municipalities within its service area. NMB has constructed and
begun operation of the first Floridan reverse osmosis (RO) water treatment plant
(Alternative Supply) in the county and is planning on the expansion of this facility
to meet future demands ($28.5 M, 13 MGD by 2020) from its purchasers
including City of Aventura residents.
3.6 Conservation
Both MDWASD and the City of North Miami Beach are addressing water
conservation and reuse issues and implementing measures to reduce the per capita
water consumption. They have identified alternative water supply projects,
conservation and reuse programs, and capital improvement projects necessary to
meet the projected water demands within their respective service areas. Miami
DRAFT- December 9. 2008
13
DRAFT-City of A ventura Water Supply Facilities Work Plan
Dade County recently passed an ordinance relating to water use efficiency
standards that amends the Florida Building Code requiring use of high efficiency
appliances and fixtures. All projects within the City of Aventura will be required to
comply with these new standards because all water and sewer projects require
approval from Miami Dade MDWASD and the City of North Miami Beach. The City
of Aventura will cooperate with both utility providers to be consistent with their plans
and requirements for water conservation and reuse as it relates to indoor and
outdoor water use for all development types.
3.6.1 County-wide Issues
The Miami-Dade Water Use Efficiencv Plan
Currently, the MDWASD is implementing all Best Management Practices (BMPs)
included in its 20-year Water Use Efficiency Plan, which was approved by the South
Florida Water Management District in May 2007.
Water Conservation Plans and Development Codes
In addition, all of the MDWASD's wholesale customers are required to submit a
Water Conservation Plan to its Water Use Efficiency Section as mandated by
County Ordinance 06-177, Section 32-83.1 of the Miami-Dade County Code. The
Plan will identify Best Management Practices (BMP) based on population
characteristics and type of service for each municipal service area.
Miami-Dade County has developed recommendations for new development that
would achieve higher water use savings than currently required by code. The
recommendations were developed by an Advisory Committee and were presented to
the Board of County Commissioners (BCC) on June 5, 2007. These water
conservation recommendations were adopted by Ordinance (08-14) on February 5,
2008. This ordinance was amended on September 2, 2008 to clarify certain
standards for plumbing fixtures and change the effective date to January 1, 2009.
These water efficiency recommendations represent an additional 30 percent to the
water savings identified in the 20-year Water Use Efficiency Plan. All applicants will
be required to comply with these future code requirements. The list of
recommendations submitted to the BCC and the ordinance relating to water use
efficiency standard are included in in MDWASD's Work Plan and are also posted in
the Miami-Dade Water Conservation Portal.
Per Capita Consumption
Furthermore, the MDWASD will establish per capita consumption for all
municipalities including those in its retail customer service area. Based on this data,
the MDWASD will work with the municipalities to address those with higher than
average per capita and will target programs for those areas. The County anticipates
that the implementation of the Best Management Practices identified in the 20-year
Water Use Efficiency Plan will result in an adjusted system wide per capita of 147.82
gpcd by 2027.
DRAFT- December 9, 2008
14
DRAFT-City of A ventura Water Supply Facilities Work Plan
3.6.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
The City will coordinate future water conservation efforts with the MDWASD, the City
of North Miami Beach and the SFWMD to ensure that proper techniques are applied.
In addition, the City will continue to support and expand existing goals, objectives
and policies in its comprehensive plan that promotes water conservation in a cost-
effective and environmentally sensitive manner. The City will continue to actively
support the SFWMD, Miami-Dade County and the City of North Miami Beach in the
implementation of new regulations or programs that are designed to conserve water
during the dry season.
MDWASD is currently implementing various water conservation projects. The
County's Water Use Efficiency Five-Year Plan includes measures that will reduce
demand by 19.2 MGD over the next 20 years. Some of the conservation projects
include bathroom and kitchen retrofits program, Miami-Dade green lodging and
restaurant program, rebates for high efficiency toilets and washers, and landscaping
irrigation evaluations. All of these programs are available to the residents of the City
of Aventura because MDWASD is the water supply provider.
3.7 Reuse
3.7.1 Regional and County-wide Issues
State law supports reuse efforts. In recent years, Florida's utilities, local
governments, and water management districts have led the nation in implementing
water reuse programs that increase the quantity of reclaimed water used and public
acceptance of reuse programs. Section 373.250(1) F.S. provides that "water reuse
programs designed and operated in compliance with Florida's rules governing reuse
are deemed protective of public health and environmental quality." In addition,
Section 403.064(1), F.S., provides that "reuse is a critical component of meeting the
state's existing and future water supply needs while sustaining natural systems."
The City of Aventura supports water reuse initiatives under consideration by
SFWMD, Miami-Dade County and the City of North Miami Beach. The County has
committed to implement a total of 170 MGD of water reuse as noted in the County's
20-year water use permit. In the 20-year Work Plan, the County identified a number
of water reuse projects and their respective schedule. According to the Plan, "reuse
projects to recharge the aquifer with highly treated reclaimed water will be in place
before additional withdrawals over the base condition water use are made from the
Alexander Orr and South Dade subarea wellfields. In addition, reuse irrigation
projects are anticipated for the North and Central District Wastewater Treatment
Plants. These projects will be implemented in the Cities of North Miami and North
Miami Beach, and are currently under construction for Key Biscayne."
3.7.2 Local Government Specific Actions, Programs, Regulations, or
Opportunities
DRAFT- December 9, 2008
15
DRAFT-City of A ventura Water Supply Facilities Work Plan
The City will support the SFWMD, Miami-Dade County and the City of North Miami
Beach water reuse projects, and implementation of new regulations or programs
designed to increase the volume of reclaimed water used and public acceptance of
reclaimed water.
4.0 CAPITAL IMPROVEMENTS
4.1 Work Plan Projects
The work plan projects for both MDWASD and the NMB utilities are described in the
agency's work plans which have been incorporated by reference.
The ones that directly affect the City of Aventura are MDWASD's Floridan Aquifer
Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and the New Upper
Foridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M) and NMB's Floridan
Aquifer Reverse Osmosis (RO) Water Treatment Plant (13 MGD, $28.5 M).
4.2 Capital Improvements Element/Schedule
The capital improvement projects for both MDWASD and the NMB utilities are
described in their respective work plans. MDWASD is in the process of completing
the Floridan Aquifer Blending Wellfield at Hialeah/Preston (4.7 MGD, $10.3M) and
the New Upper Floridan Aquifer Reverse Osmosis WTP (8.5 MGD, $93M). The City
of NMB is developing the Floridan Aquifer Reverse Osmosis (RO) Water Treatment
Plant (13 MGD, $28.5 M).
DRAFT- December 9, 2008
16
DRAFT-City of A ventura Water Supply Facilities Work Plan
5.0 GOALS, OBJECTIVES AND POLICIES
The following goals, objectives and policies are 1) related to water supply planning
and use; 2) contained in the City's Comprehensive Plan; and 3) adopted as the
goals, policies and objectives of the Work Plan. Underlined provisions indicate
proposed additions to existing text. Stricken through provisions indicate proposed
deletions from existing text. Remaining provisions are now in effect and remain
unchanged.
LAND USE ELEMENT
OBJECTIVE 7
All public and private activities regarding the use, development and redevelopment
of land and the provision of urban services and infrastructure shall be consistent with
the goals, objectives and policies of this and all elements of the Comprehensive
Plan, recognized Population Estimates and Projections, and future uses designated
on the adopted Future Land Use Plan (FLUP) map.
Measure: Number of development actions that are inconsistent with the Goals,
Objectives and Policies of the adopted Aventura Comprehensive Plan.
Policy 7.1
All development orders authorizing a new land use or development, or
redevelopment, or significant expansion of an existing use shall be contingent upon
an affirmative finding that the development or use conforms to, and is consistent with
the goals, objectives and policies of the Plan including the Land Use Plan Map.
Policy 7.2
The City. throuqh its Land Development Requlations and in coordination with the
Ten-Year Water Supplv Facilities Work Plan will coordinate current land uses and
any future land use chanqes with the availabilitv of water supplv system.
Policy 7.3
The City shall require proposed amendments to the Future Land Use Map provide
data and analvsis demonstratinq adequate water supplv and facilities are available.
DRAFT- December 9, 2008
17
DRAFT-City of A ventura Water Supply Facilities Work Plan
INFRASTRUCTURE ELEMENT
Infrastructure Goal 1
Provide for potable water and sanitary sewer facilities which meet the city's needs in
a manner that promotes the public health, environmental protection, and economic
opportunity.
OBJECTIVE 1
The City of Aventura shall continue to coordinate service to ensure the orderly and
efficient provision of water and sewer services at adopted levels of service.
Policy 1.1
All new uses within the City shall be connected to a public water supply. Exceptions
may be provided for residential uses at a density no greater than two units per acre,
where primary drinking water quality standards as specified in the Florida
Administrative Code can be met without treatment and the groundwater is free from
saltwater intrusion.
OBJECTIVE 2
The City of Aventura shall continue to coordinate service with a provider who
maintains procedures to ensure that any facility deficiencies are corrected and that
adequate facility capacity will be available to meet future needs.
Policy 2.1
To assure an adequate level of service, potable water and sanitary sewer facilities
shall meet the following level of service standards, as adopted by Miami-Dade
County Water and Sewer Department and the City of North Miami Beach, the City's
current service provider~.
1) Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department
(a) The system shall operate with a rated maximum daily capacity which is no
less than 2 percent above the maximum daily flow for the preceding year, and an
average daily capacity 2 percent above the average daily per capita system demand
for the preceding 5 years.
(b) Water shall be delivered to users at a pressure no less than 20 pounds per
square inch (psi) and no greater than 100 psi. Unless otherwise approved by the
DRAFT- December 9, 2008
18
DRAFT-City of A ventura Water Supply Facilities Work Plan
Miami-Dade Fire Department, minimum fire flow based on the land use served shall
be maintained as follows:
Land Use
Single Family Residential/Estate
Single Family, Duplex, and Residential on minimum
lots of 7,500 sf.
Multi-Family Residential
Semiprofessional Offices, Hospitals, Schools
Business and Industry
Min. Fire Flow
500 gal/min
750 gal/min
1,500 gallmin
2,000 gal/min
3,000 gal/min
(c) Water quality shall meet all federal, State and County primary standards for
potable water.
(d) System-wide storage capacity for finished water shall equal no less than 15
percent of the system average daily demand.
Area Serviced bv North Miami Beach
Potable Water: the City's water system shall provide 144 oallons per person per
day at a pressure of 40 pounds per square inch (psi). The City attempts to
maintain a water pressure of 40 pounds per square inch (psi) althouoh 20 psi is
the leoal minimum.
Policy 2.3
Except as provided by Objective 1 and the supporting policies, no development
order authorizing new development or a significant expansion of an existing use
shall be issued for any area of the City which is served by a potable water or
sanitary sewer facility which does not meet the standards in Policy 2.1 or will not
meet these standards concurrent with the completion of the development. In any
case where these federal, state, or county standards referenced in Policy 2.1 are
revised, a reasonable time for compliance with the new standards shall be allowed.
Prior to approvino a buildino permit, the City shall require that adequate water
supplies to serve the new development will be available no later than the anticipated
date of a certificate of occupancy or its functional equivalent.
Policy 2.4
The provider shall maintain procedures and programs to monitor levels of service of
each facility for use by agencies which issue development orders or permits.
DRAFT- December 9, 2008
19
DRAFT-City of A ventura Water Supply Facilities Work Plan
Policy 2.6
The City shall continue to coordinate with a provider who shall continue the
expansion of existing water and wastewater treatment plants to meet demand
through the year 2Q.i5 2025.
Policy 2.7
The City shall create and adopt a Ten-Year Water Supplv Facilities Work Plan that is
consistent with the South Florida Water Manaqement District's Lower East Coast
Reqional Water Supplv Plan. Miami-Dade Water and Sewer Department's Work
Plan. and the City of North Miami Beach's Work Plan. The City's Work Plan will be
updated within 18 months after the South Florida Water Manaqement District's
Lower East Coast Reqional Water Supplv Plan. Miami-Dade Water and Sewer
Department's Work Plan. and the City of North Miami Beach's Work Plan are
updated. The City of Aventura. Florida. Water Supplv Facilities Work Plan dated
December 9. 2008 is herby adopted bv reference.
OBJECTIVE 4
The City shall develop and implement a comprehensive water conservation program
to ensure that a sufficient, economical supply of fresh water is available to meet
current and future demand for potable water without degrading the environment.
Policy 4.1
The City's newsletter shall be used to promote an educational program for
residential, commercial and industrial consumers which will discourage waste and
conserve water.
Policy 4.2
Enforce requirements, and establish new requirements and procedures as needed,
to assure that low water usage plumbing fixtures are used in all new buildings or in
conjunction with permitted renovations in accord with the South Florida Building
Code, Miami-Dade County addition and the Florida's Water Conservation Act,
Section 553.14, F.S. Improved procedures to conserve water for plumbing
inspections and mechanisms for approving products for installation shall be
considered by the City's Building Division.
Policy 4.3
The City of Aventura Community Services Department shall take all necessary steps
to ensure compliance with the City's landscape regulations, and shall establish
mechanisms to monitor and measure the effectiveness of the ordinance and its
major provisions.
DRAFT- December 9, 2008
20
DRAFT-City of A ventura Water Supply Facilities Work Plan
OBJECTIVE 5
The City of Aventura shall undertake timely efforts to expand traditional sources of
raw water and develop new raw water sources to meet the City's level of service
standards for water supply.
Policy 5.1
The City of Aventura shall encourage support Miami-Dade County and the City of
North Miami Beach in the development of their its future potable water supplies, to
the maximum extent feasible, utilize methods which preserve the integrity of the
Biscayne Aquifer, protect the quality of surface water and related ecosystems, and
comply with the land use and environmental protection policies of the Miami-Dade
County CDMP, North Miami Beach, the Strategic Regional Policy Plan for South
Florida, and the State Comprehensive Plan.
Policy 5.2
When reclaimed water becomes available, the City shall consider its use on public
and private properties. Currently, the Miami-Dade Water and Sewer Department
and North Miami Beach is are responsible for implementing any reuse that is
deemed by the County to be economically feasible.
Policy 5.3
The City shall create a Ten-Year Water Supplv Facilities Work Plan that is consistent
with review the water supply f-3cility the work plans of Miami-Dade County MDWASD
and the City of North Miami Beach, as they are adopted and/or periodically updated,
in order to identify alternative projects that will increase its water supply, and shall
coordinate with Miami-Dade County and the City of North Miami Beach, as
appropriate, in the implementation of these projects.
Infrastructure Goal 2
OBJECTIVE 2
The aquifer recharge and water storage capacity of presently undeveloped areas
shall be maintained or increased. Additionally, the City shall protect against
environmental damage such as altering hydro cycles.
Policy 2.3
Water conserving irrigation and other landscape practices such as Xeriscape shall
be used wherever feasible. Through its site and landscape reviews, Aventura shall
DRAFT- December 9, 2008
21
DRAFT-City of A ventura Water Supply Facilities Work Plan
ensure that appropriate native and xeriscape plant materials are used, particularly
where public water is used to water lawns, golf courses and landscaped green
spaces.
Policy 2.4
The City shall consider participation in water reuse demonstration projects that are
developed.
AQUIFER RECHARGE GOAL
To protect the City's natural drainage features and enhance the capabilities of
the groundwater recharge areas.
OBJECTIVE 1
The City shall support the efforts of the County Miami-Dade County Water and
Sewer Department and the City of North Miami Beach to identify significant ground
water resources and protect them through land use controls, public acquisition,
easements or other appropriate methods.
Policy 1.1
The City shall implement a program to monitor groundwater supply conditions in
conjunction with the Miami-Dade County and the South Florida Water Management
District.
Policy 1.2
The City, in conjunction with Miami-Dade County, shall develop and adopt minimum
environmental standards regarding: prime recharge area protection, water table
manipulation, and wellfield drawdown standards.
Policy 1.3
The City shall institute a comprehensive program responsible for educating
businesses and residents of: the County's current water conservation policies, the
fragility of the aquifer, methods to reuse and conserve water, well abandonment
problems and rules, and benefits of drought resistant plants (xeriscape).
Policy 1.4
The City shall adopt policies to protect the Biscayne aquifer. These shall include
policies which address:
1. Public wellfield and landfill siting
DRAFT- December 9. 2008
22
DRAFT-City of A ventura Water Supply Facilities Work Plan
2. Siting of industrial land uses which use hazardous materials or generate
hazardous waste
3. Siting of hazardous waste collection facilities for households
4. Additional protection of the aquifer from saltwater intrusion
5. If necessary, support the expansion of the Hazardous Material Emergency
Response Team
CAPITAL IMPROVEMENTS ELEMENT
CAPITAL IMPROVEMENT GOAL
Aventura shall, in a fiscally prudent manner, plan for and manage its facilities
and infrastructure in order to adequately serve current and future residents
while efficiently using and maintaining existing public investments, and
making timely provision of required new capital investment. [9J-5.016(3)(a)]
OBJECTIVE 2
Upon adoption of this Plan, land use decisions will be made in the context of
available fiscal resources such that scheduling and providing capital facilities for new
development will not degrade adopted service levels and/or negatively impact
hurricane evacuation clearance times. [9J-5.016(3)(b)(4)]
Policy 2.4
The Five-Year Capital Improvements Program, or the City's contract providers as
appropriate, shall incorporate the identified capital investments from each functional
element and will be based on the following LOS standards: [9J-5.016(3)(c)4]
Potable Water Supply
Area Serviced bv Miami-Dade Water & Sewer Department:
a) The treatment system shall operate with a rated maximum daily capacity
which is no less than two percent (2%) above the maximum daily flow for
the preceding year, and an average daily capacity two percent (2%) above
the average daily per capita system demand for the preceding five (5)
years.
Water shall be delivered to users at a pressure no less than twenty (20)
pounds per square inch (psi) and no greater than 100 psi. Unless
otherwise approved by the Miami-Dade Fire Department or successor
entity, minimum fire flow, based on the land use served, shall be
maintained as follows:
DRAFT- December 9, 2008
23
DRAFT-City of A ventura Water Supply Facilities Work Plan
Minimum Fire Flow
Land Use
Gallons per Minute
Single Family Residential Estate Density 500
Single Family and Duplex Residential on Minimum lots 750
of 7,599 ft2
Multi-family Residential, Semiprofessional Offices 1,500
Hospitals, Schools 2,000
Business and Industry 3,000
b) Water quality shall meet all federal, state and county primary standards for
potable water.
c) System-wide storage capacity for finished water shall equal no less than
fifteen (15) percent of the system-wide average daily demand.
Area Serviced bv North Miami Beach
Potable Water: the City's water system shall provide 144 Qallons per person
per day at a pressure of 40 pounds per square inch (psi). The City attempts
to maintain a water pressure of 40 pounds per square inch (psi) althouQh 20
psi is the leQal minimum.
INTERGOVERNMENTAL COORDINATION ELEMENT
INTERGOVERNMENTAL COORDINATION GOAL
Use intergovernmental coordination as a major means of ensuring
consistency among local, county and regional government plans and policies
and of implementing Aventura's Comprehensive Plan.
OBJECTIVE 2
Coordinate with local, regional, and state entities with responsibilities In the
establishment of Level of Service standards.
Policy 2.3
The City sh311 support, as 3ppropri3te, Miami D3de County's 3nd North Miami
BS3Ch's development and implementation of the 'Nater Supply Facilities \-^fork Plan
required by Florida Statute and the '.vater conservation efforts of other 3gencies.
The City shall ensure coordination of its comprehensive plan with the most current
South Florida Water ManaQement District Miami-Dade County Water and Sewer
Department and North Miami Beach Water Supply Plans when proposinQ and/or
amendinQ the City's Ten-Year Water Supply Facilities Work Plan. The City's Work
DRAFT- December 9, 2008
24
DRAFT-City of A ventura Water Supply Facilities Work Plan
Plan shall be updated within 18 months after the South Florida Water ManaQement
District updates the Lower East Coast ReQional Water Supplv Plan. The City shall
maintain a record of City staff attendance and participation in appropriate
interQovernmental and/or multi-jurisdictional coordination efforts (i.e. meetinQs,
workshops. committees. aQreements. etc.).
Policy 2.4
The City shall ensure and identify the consistency of local level of service standards
bv annuallv contactinQ Miami-Dade County Water and Sewer Department and North
Miami Beach as the City's service providers. to obtain current information. includinQ
populations, level of services. service areas. water supplv facilities. implementation
schedule of required potable water conservation and reuse measures and evaluate if
future modification to either the service aQreement or level of service standards
should be included in subsequent Comprehensive Plan Amendments. This contact
may be bv way of meetinQ of the Miami-Dade Planners Technical Committee or bv
mutuallv aQreed upon tri-partv meetinQs.
CONSERVATION & COASTAL MANAGEMENT ELEMENT
The goals, objectives, and policies for the conservation element have been
combined with the goals, objectives, and policies for the coastal management
element because they are complementary within a coastal community such as
Aventura.
CONSERVATION GOAL
To achieve a balanced environmental system that conserves, encourages the
thoughtful use, and protection of resources, and natural environmental
systems while considering the existing built environment. [9J-5.013(2)(a)]
OBJECTIVE 8
Secure the provision of potable water in sufficient quantity to meet present and
projected needs commensurate with reasonable anticipated demand.
Policy 8.2
In order to comply with policies of the South Florida Water Management District
directed toward conservation of potable water supply and to achieve a reduction in
the current rates of water consumption the following performance standards shall
apply:
· Where non-potable alternative sources of irrigation water are available
potable water supplies may not be used to meet irrigation needs.
DRAFT- December 9, 2008
25
DRAFT-City of A ventura Water Supply Facilities Work Plan
· The City of Aventura shall encourage coordinate with the Miami-Dade
Water and Sewer Department (MDWASD) and the City of North Miami
Beach to study the feasibility of using reclaimed water as one method
of reducing the amounts of potable water used for non-potable
activities.
· Require the use of water-saving plumbing fixtures in all new
developments as required by Miami-Dade County Ordinance 08-14.
· Require the use of water-saving plumbing fixtures when plumbing
fixtures are replaced or retrofitted.
· In order to reduce demand for irrigation water (which in turn often
places greater demand upon potable water sources), at least seventy
percent (70%) of all landscaping material obtained from off-site
sources for use on any site should be native plant material adapted to
soil and climatic conditions existing on the subject site such as
landscapino principles identified in FDEP Landscapino Irrioation and
Florida-Friendly Desion Standards.
· To further reduce water demand at least fifty percent (50%) of all trees
used in landscaping shall be native species adapted to soil and
climatic conditions existing on-site.
Policy 8.3
The City of Aventura will cooperate with MDWASD and the City of North Miami
Beach to require that before the issuance of a buildino permit or its functional
equivalent. adequate water supplies to serve the new development will be available
no later than the anticipated date of issuance by the local oovernment of a certificate
of occupancy or its functional equivalent.
Policy 8.3 Policy 8.~
The City of Aventura shall continue to cooperate with local, regional, state and
federal agencies for the management of fresh water resources to maintain adequate
fresh water supplies during dry periods and to, when practicable, conserve water.
Policy 8.4 Policy 8.~
The City of Aventura shall continue to cooperate with MDWASD, the City of North
Miami Beach and the South Florida Water Management (SFWMD) for the
implementation of water demand management policies and programs.
DRAFT- December 9, 2008
26
DRAFT-City of A ventura Water Supply Facilities Work Plan
Policy 8.5 Policy a.2
The City of Aventura shall continue to require compliance with all applicable federal,
state, regional and county water quality standards.
Policy 8.6 Policy a.I
The City of Aventura shall cooperate with MDWASD. the City of North Miami Beach
and the SFWMD to conserve water resources during emergencies.
Policy 8.7 Policy a.~
The City shall adopt a Ten-Year Water Supplv Facilities Work Plan. The City shall
coordinate implementation of the Work Plan's ooals, obiectives and policies with the
work plans of support, as appropriate, the South Florida Water Manaoement District.
Miami-Dade County Water and Sewer Department and the City of North Miami
Beach.:. in their development and implementation of the V'Jater Supply Facilities
'Norkplan required by Florida Statute, The City shall also coordinate its efforts to
conserve water with the efforts of these aoencies in their aM tAe water conservation
efforts and other agencies.
DRAFT- December 9, 2008
27
DRAFT-City of A ventura Water Supply Facilities Work Plan
~ . II I
~ 'I I '"
c: c I ::J
. II
> > I i
0< C 1 ~
:5 :5 ,
'" ... 1 ..
N '" !
ui }8 ui I '0
Not to Scale z z u
NE. 215th Street
_ Serviced by Miami-Dade WASA
_ Serviced by City of North Miami Beach
NE.199th Str..t
Nt!. 11"reI Str~et
NE. 167th Street
28
DRAFT- December 9, 2008
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Joanne Carr, AICP
Community Developm
FROM: Eric M. Soroka, IC
City Manager /
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 Item ;.f,4
November 6, 2008 City Commission Meeting Agenda Item 'l. A
January 13, 2009 City Commission Meeting Agenda Item ~I'r
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."
ANAL YSIS
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 2011/12 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 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:
~k1A
City Attorney
1-
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Joanne Carr, AICP
Community Development Director
FROM: Eric M. Soroka, IC
City Manager
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 4.B
November 6, 2008 City Commission Meeting Agenda Item1~
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)Educatian.
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 by 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 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 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 by 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 facility: and in the event of a disaster or emerQency which prevents
the School Board from usinQ 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 10nQer 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:
a) The development's impact can be shifted to one or more contiQuous CSAs that have
available capacity and is located, either in whole or in part, within the same GeoQraphic Area as
the proposed development or
,-
b) The development's impact is mitiQated, proportionate to the demand for public schools it
created. throuQh a combination of one or more appropriate proportionate share mitiQation
options. as defined in Section 163.3180 (13)(e)1. Florida. The intent of these options is to
provide for the mitiQation of residential development impacts on public school facilities,
Quaranteed bv a leQal bindinQ aQreement, throuQh mechanisms that include one or more of the
followinQ: contribution of land: the construction, expansion or payment for land acquisition or
construction of a permanent public school facilitv: or, the creation of a mitiQation bank based on
the construction of a permanent public school facilitv in exchanQe for the riQht to sell capacity
credits. The proportionate share mitiQation aQreement 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 ProQram, 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 LOR 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.
""~~
I
I
I
I
I
I
I
I
I
I-
I
I
I
I
I
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
84
I
I
...-
a
I
I
I
I
I
I
P-
I
I
I
I
I
I
I
I
I
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.
olicy 2.
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.
~
~nt 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:
85
I
I
I
I
I
I
--
I
I
I
I~-
I
I
I
I
I
I
I
I
.<,,,,-
I
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 Interlocal 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
86
I
I
~.....-....
I
I
I
I
I
I
I
I-
I
I
I
I
I
I
I-
I
I
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 A VENTURA, 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 by 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 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 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% FI SH 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 durinq replacement, remodelinq, renovation or
expansion of a public school facility: and in the event of a disaster or emerqency which prevents
the School Board from usinQ 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 lonoer 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 modifyino 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 -
.<1I'''-''~
Page 3
a) The development's impact can be shifted to one or more contiQuous CSAs that have
available capacity and is located, either in whole or in part within the same GeoQraphic Area as
the proposed development: or
b) The development's impact is mitiQated, proportionate to the demand for public schools it
created, throuQh a combination of one or more appropriate proportionate share mitiQation
options, as defined in Section 163.3180 (13)(e)1, Florida. The intent of these options is to
provide for the mitiQation of residential development impacts on public school facilities,
Quaranteed by a leQal bindinQ aQreement, throuQh mechanisms that include one or more of the
followinQ: contribution of land: the construction, expansion or payment for land acquisition or
construction of a permanent public school facility; or, the creation of a mitiQation bank based on
the construction of a permanent public school facility in exchanQe for the riQht to sell capacity
credits. The proportionate share mitiQation aQreement 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 ProQram, 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. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. 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 AS TO LEGAL SUFFICIENCY:
~l0A .
CIT ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2009.
CITY CLERK
.~
CITY OF A VENTURA
FINANCE DEPARTMENT
MEMORANDUM
FROM:
City Commission
Eric M. Soroka, ICMA-CM, City~
~rian K. Raducci, Finance Director
TO:
BY:
DATE:
October 29, 2008
SUBJECT: End of Year Budget Amending Ordinance - FY 2007/08
1st Reading November 6,2008 City Commission Meeting Agenda Item
2nd Reading January 13, 2009 City Commission Meeting Agenda Item t~
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.
FIFe 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) - $305,000
During the year, approximately $305,000 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 $305,000 in
expenditures is offset by $305,000 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.
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 "An 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 Holzberg, who
moved its adoption on first reading. This 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 T eri 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. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner T eri 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.
/7
(/
i/
'/~--
, MAYOR
.' . . ~ . . " . -
. '" " ~ ~ . . ,
. . . . , '. ,
. . . . . . .
. .. '" ~ ,
.~~~~,~,.
~::-:-. :-:->>>.
" '". ~ ~ ,
. .. ... ~ . . .
~ . . . ~ . . . .
, ~ . . . ~ . . .
. , . . . . " . "
. . . ~ . . ~ ~ .
. ~ . . . . . ~
. ~ . . . u u ~ . ,
3
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 $ - $ 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 $ 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
TOTAL AMENDMENTS - EXPENDITURES $
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 $ - $ 305,000 $ 305,000
TOTAL AMENDMENTS-REVENUE $ 305,000
EXPENDITURES
OBJECT 2007108 2007/08 2007/08
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
CAPITAL OUTLAY
Arts Center 70-575
6308 Arts & Cultural ctr. Construction $ - $ 305,000 $ 305,000
TOTAL AMENDMENTS - EXPENDITURES $ 305,000
.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k1a 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 - PUBLIC NOTICE OF PROPOSED
ORDINANCE - AMENDING ORDINANCE NO. 2007-13, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11/07/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper puolished at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertnent for publication in the said
n&N'/;). ~
Sworn to and ,"b"';~-._- .-
07 day of NOVEMBER
,A.D. 2008
c~,# ~-r_
(SEAL)
V. PEREZ personally known to me
'''.....,.,.",...'''^'~''~''~,./''''-."IVJ
~'f!.'{ ~,l.-i'.No~.,a rv PU.bIiC.~ ::i. tat.'" of Florida
p ~ \ Cleryl H Marrnel
~ ".~ :, My CommissIon fJf)793490
.............. -,,~) .'
'9~01 'f\S-~ E'<nlres Olri 8/2.012
"""'~^''''V~
-,
"
'~-..: ,
CI"y"OF'AVENTURA
. "'-::::,;,:,~, -;'',.''li.,.,j.
'\~,.V.U;,.QtM;~Of
.,PROPOSEO,.....ANCE
'm,I1C1! IS~BY~I\tEN tt1aN:SrrTt.i~l'Ttt\'Ei:f3t1f(layot1anuary.
2009, ata meeting of tReC'rty oomnllsSiiSn l)f#\e City of Aventuratobe
held at. 6:00 .p.m./ In the OemmiSSion .Ohamber of the. Aventura
GovemmentCentel', '19200 Vj/eStuourtlryClub-orNe,Melltura,' Florida,
the CitY commission will.. consider 'the ,.~fion ,of . the. folloWing
Ordina.nce on second reading. eRtitled:
AN ORDINANCE' OfTHEClTYCOMMtSSlON OF THE CITY
. OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
2007.13 WHICH ORDINANCE ADOPTED. A 8UOQET EOA'
THE 200712008 FISCAL YEARBY REVlS1NG1liE'2O'0712A:108
- FISCAL yeAR OPERATING AND CAPlTtAL BUDGET AS
l' OUTLINED IN :EXHIBIT "An ATTACHED' HERETO;
-AUTHORfZlN&'~CITY MANAGeR:' T&Oo-Alt.'THINGS
'NECESSARYTQ. CARIW. OUT :THE' AIMS.QF THIS
ORDINANqJ;efJQ.llIRflq~, E<;I\V~~TE.
I., -_ ,,~r-';:",~:\.">:);-'T::~-.~ .\,'<71. ,:,(};,~:',_c~,-.:'::.
i Thepropo$8d~_$av.bi InS .. . ~le at the ~ of
I tM~ty Cler\(, 192QO West yountly CI .b Dri~,Aventura. Ardon.with~'
I~d
: r8~1o tM
CItl~ after the
M"" ...
~opell$<.P ..... .". '" .....
In'~_,Witb. ....'.. "'tV{Itt~. Act of 1990, all
!~ whQ;.. ..;~WIit~.af accommodations to
~. iri1bl$ ...... . 'bEM:aUee.~ that ~isatliIltyShoJtd contact
the Office of ~PfVI'Cletk,,~"1., .'l'lPl.I." 1han two bUsiness
dayspriortO'~~~~ '. k.....~~ ..' .
If a person-decideS to appeal allY clecislon made by the City Commission
.:'~:~~e;,,~~~:;~:~~:;n:u~~'~~~: ;:;
: need to ensure:that a vetbatlm .record Of tI'le'proceedlngslS madl!, which
: record' includes the testimony andlWiderice upon which the appeal is to
be based. '. .., '. .
Teresa M. Soroka, MMC City Clerk
. . '08c4:16t1 HS99SM
11/7
.
c(
0:: ::I:
:J
I- :E
z it)
w .....
~ c(
<c
LL.
0 c:
0
~ ;
(,)
Cl)
U tn
..
Q)
c
0
N
.. m
Q) OJ . .
E i...: CO C
CO Q) a.. 0
z fJ) C ~
C 'E 0 'C
Q) t5 (,)
.92 > fJ)
-0 Q) Q)
<3 <( (/) 0
..... .....
c c
ClO ClO
en en ~
..... .....
..... ..... c 3:
M M ..... ~
N N X
ClO ClO M fXl
i...:
Q)
..0
E
i...: ::J
Q) Z Q)
..0 Cl..
E c >-
0 f-
::J t .....
z Q) Q) ..Q
-0 fJ) .!:::l 0
<( c (/) U
-
ED CO
0
0
JQ N
-
--" "llt
a N
-
0
w ~
~ Q)
+ ..... ....
~ ctS
C
c:
i 0
....
ctS
W (J
.-
..J::. -
.c
~ ~
a..
THE MIAMI HERALD I MidllliHer.'lld,c:om
FRIDAY, OCTOBER 24, 2008 I 15A
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING
AGENCY AND NOTICE OF AMENDMENT OF THE
CITY'S LAND DEVELOPMENT REGULATIONS
...;
l:
Q)
1:
o
u
>-
l:
'"
Q)
1Il
o
e-
::J
0.
E
o
'0
ii
)(
Q)
>-
'"
~
>-
l:
'"
.!:
o
iii
""
o
~
Q)
>
:;
>
'i:
Q)
-0
Q)
i;j
E
u
'0
l:
>-
'"
E
::J
o
>-
.,;
$
'"
u
:c
,!:
Q)
'"
'"
0.
-0
l:
'"
$
'"
-0
Q)
-s
l:
o
-0
~
Q)
J:
'E
'"
:5i
Q)
.s::.
l-
.!:
-0
E
'"
Q)
0.
0.
'"
-0
'"
Q)
-s
-
'"
:5
Q)
U
l:
Q)
-0
.;
Q)
Q)
>
'jjj
::J
U
l:
o
U
III
'"
-0
Q)
-0
.;
o
C-
.!!!
~
a;
Q)
.s::.
1Il
W
III
:c
I-
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, November 6, 2008 at 6:00 p.m. to review
and recommend adoption of the following Ordinance to the City
Commission:
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 (1)(8); PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Immediately fOllowing the Local Planning Agency meeting, the City
Commission of the City of Aventura, as the 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 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
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 with respect
to the proposed Ordinance
In accordance with the Americans with Disabilities 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 a person decides to appeal any decision made by the City Commission,
as Local Planning Agency or as the governing body, with respect to any
matter considered at a meeting or hearing, that person 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.
Look for your copy
in this weekend's newspaper
UPT05000
$ IN SAVINGS!
Teresa M. Soroka, MMC, City Clerk
EXPO
Des gn Center",
SAVE 100k
on countertops & appliances
when you shop our new Miami kitchen showroom
plus free design consultations & giveaways all weekend long
& cooking demos Saturday 11 ~ 2, Sunday 11 :30 ~ 230
October 24 through 26
MIami locatior :)rl;Y . J737 NV./ St'eet. 30J267 7922 . ,-'sit IJS onllrle at EXPO.com
~ J:
::l
I- ~
Z --
0
w ....
;;.: <(
<c
LL c:
0 0
~ ..
to)
CI)
(.) UJ
. .
Q)
C
0
N
, . m
Q) Cl . .
E i...: C'il C
C'il Q) a... 0
z (J) -- ~
t c
C 0 "5
Q) n
.~ > (J)
""0 Q) Q)
0 <( (f) 0
.... ....
0 0
co co
en en ~
...... ......
.... .... 0 ~
M M ....
N N X
co co M a:l
i...:
Q)
.0
E
i...: ::l . .
Q) z Q)
.0 c..
E c >.
0 f-
::l t ....
z Q) Q) 0
""0 (J) .!:::! '"6
<( c (f) ()
-
e
,Q
......
e
(W
:*l
. .....
==
~
i
tw
..c
~
'C
ClO~
o~
Oii
(\,I1l
-'"
~:5
(\,In;
..........~
o g
......-8
'S:
'"
'"
>
'(jj
::l
'0
c:
o
"
III
..
'C
'"
'C
'S:
o
li.
.!!!
Q)
...
ca
C
r:::
o
.-
...
ca
ug
.- '"
-'"
.c~
::s~
a.~
lOA I FRIDAY, OCTOBER 24, 2008
MiamiHerald.com I THE MIAMI HERALD
A1
C
B
c:
o
"
:>.
c:
..
'"
III
o
Q.
5
Q.
i2
o
-
'0
ii.
)(
'"
~
~
:>.
c:
..
.!:
o
Iii
~
o
~
'"
.~
n;
>
.;:
'"
'C
'"
n;
"
I:;
'0
c:
:>.
..
E
::l
o
>-
.,;
B
..
"
'5
.!:
'"
C'l
..
Q.
'C
c:
..
B
..
'C
'"
:5
l:
o
'C
E
'"
:t:
'E
..
~
'"
.c:
l-
.!:
& CITY OF AVENTURA
",'j. NOTICE OF HEARING OF LOCAL PLANNING AGENCY
~: . ,/ AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN
'-'~<'i ,/
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, November 6, 2008 at 6:00 p.m. to
review and recommend adoption of the following Ordinance to the
City Commission:
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 2006109-2012/13 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE
PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the City
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
Clerk 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 Disabilities 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 a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person 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.
SOUTH MOTORS INRNlll · US-1 & SW 169th ST. · 888-661-6028 C ~.'tr I
! www.southinfiniti.com BE SMART. DRIVE SOUTH! ~
'IThlII!t&.tiU:-wt~I'ltiIll~~ItiIlMd~~u.-GeiIw)illdl""V~\lM\Ck.ltIlliU~"M ~
"k\l'...........,bv,M.'16.-~mM1pel\lOdl...$t.DOO~.l1-"''"''/Irf{..nmIl'lllfltft601l'.._2OOt~<N1Il.~.nl'.lovi~JIlf'(k~N_5>Ajfd...fSr'''!l.'l.(.-~0tIift-xti\.<It.SHpIl1'ililMbl'C~!aloM.W,'-s.~"'-*
lftt.~~.(~~'kS(lS"tS.:),6t5(iI$lIlNIdDI'I'B~s.~I!'IIlIlOk."""_$lJ:~~lf.DJWhliv:~lftlO~~""~PId:Iip;.-!lolf~.lII42008J,l3S~II'iUI,~~~~~1#~Ie
'i~lrKeK~~~t..._~oo:~~dlaIWt'.1Nturpibil.M...otsu.9'l,,",mflrcfuOn,s~~~__liN.~~MlVIIta.wlbt"'."""'~"1ll.6'l1l1tt,.t6.]._lMM-t>'tlI.pwIItN--
IbS!lj)Usn'S$l~S1~illl~aptiIol,".itlo;"ll'Yf.IUoMi_""".SOJSf""'''''''-~I~~"",,""~-,....~_.tlk. OI1tt-I\IIH~~~aow:liWflotSlf(~lPlPl$Jof1lllU!lberor~
_U:wNdl\__~~QrI;(lldPlll~plIllIiUl'I~,"~ln""~U.Awllr_~~ihiI'W~5IWi',"sr.;yW.oJdon~t_i1,S1ltI_~~----J4'~~-"-"\lO~~1'$
~r.l~.-"".~boMi6dOflf~_~of~\lOII""";.!l~..1\lDII._~~'ofM~cw.~_"-'iINi_PICI~dIlo<'i:""_aM.OlOOlWlM'Il
<(
0::
::l :I:
~
Z ~
W CD
> <(
<( <i:
LL r::
0 0
~ :0::
()
CI)
U (f)
. .
W
C
0
N
. . Q;
W Ol . .
E L.: CO C
CO w a. 0
Z en C :a
c -E 0 "5
w ~
.5!1 > en
'0 w W
U <( CfJ 0
..... .....
0 0
N N
Ll) Ll) Ll)
Ll) Ll) ~
I'- I'- 0
CO CO ..... ael
N N X
co co M m
L.:
w
.0
E
L.: ::l
(]) Z W
.0 0..
E c >-
0 ~
::l t 0
z w (])
'0 en .t::! -0
<( E (/) u
e CO
0
0
~ N
-
..... 0')
e N
-
N
W ~
~ Q)
.... .....
~ m
0
. .... c:
it 0
.-
.....
m
w (.)
.-
.c -
.c
re> ~
Q.
6A I MONDA":', DECEMBER 29, 2008
LATIN AMERICAN BRIEFS
~
"
~
o
u
,.,
c
..
.,
'"
o
e-
::I
Q,.
~
..
o
'0
Q.
)(
.,
,.,
..
~
,.,
c
..
.5
;;
iii
of
o
~
.,
>
:;;
..
>
";:
"
."
"
n;
~
u
"0
c
,.,
..
E
::I
o
>-
,;
.,
n;
u
:0
.5
.,
Cl
..
Q,.
."
C
..
.!!
..
."
.,
:5
c
o
."
~
.,
:E:
'E
..
:i
"
J:
I-
.5
."
~
..
.,
Q,.
Q,.
..
."
..
.,
:5
n;
:5
.,
u
c
"
."
'>
"
"
>
'iij
::I
U
C
o
u
'"
..
."
.,
."
'>
o
Q.
.!!!
g
;;
"
J:
IJ)
W
'"
:E
I-
. PUERTO RICO
Outgoing governor bids
farewell on Facebook
From M;Olmi Herald wir€ Services
SAN JUAN - Puerto Rico's indicted governor says he
recognizes. he has made mistakes during hi~ nearly con-
dudedfour-year tcrm but that he always slrived to serve
Puerto Rico
GOY. Anibal Acevedo Vjlamakes the comments on a
four-minute video posted Sunday on the social networking
site Facebook. The outgoing governor says "although J com-
mitted errors, like all human beings, I always did what I
understood to be correct and righl." He did not specify his
mistakes
Acevedo was ousted in November elections by a chal-
lenger who pledged to fIght crime and spur the island's ail.
ing economy, which is in its third year of recession,
He laces a corruption trial in February {or alleged cam-
paign finance violations, but denies any wrongdoing
. MEXICO
MIGRANT SMUGGLER SENTENCED TO 60 YEARS
MEXICO CITY - Mexican prosecutors say they won a
60-year prison term (or a human smuggler who helped
about 200 people sneak into the United States, including
Hezbollah supporters
Salim Boughader Mucharrafille was arrested in 2002 and
convicted on organized-crime and immigrant-smuggling
charges.
Boughader, a Mexican of Lebanese descent, ran a cafe in
the city of Tijuana, across the border from San Diego
Among those he smuggled were sympathizers ofHezbol-
lah, a Lebanon-based group that U.S. authorities have
labeled a terror organization.
. VENEZUELA
CHAVEZ SPARS WITH CA THOLlC LEADER
CARACAS - President Hugo Chavez is criticizing a top
Roman Catholic leader for opposing a planned referendum
that would end presidential term limits.
Chavez aCCllses Cardinal Jorge Urosa of "trying to
manipulate" public opinion ahead of the vote, which is
expected in February
Urosa has criticized the proposed constitutional amend-
ment, which would let Chavez run for reelection indeii-
nitely.
Voters last year rejected a package o{ constitutional
changes, including an end to term limits.
Urosa says the constitution prevents such a proposal
from comingto vote twice in the same presidential term
Chavez on Sunday said the Catholic leader was wrong
and accused him oOying, which be called a "serious sin."
MEXICO
THE AMERICAS
MiamiHerald,coll1 I THE MIAMI HERALD
Hard line against gangs
spawns more bloodshed
:MEXICO CITY - Even as
accused mob boss Osiel
Cardenas awaits a federal
trial in Houston next year, the
criminal army he allegedly
commanded with deadly
resolve r:ompages across
Mexico
Cardenas, 41, has been iN CUSTODY: Drug trafficker
imprisoned for six years - Osiel Cardenas Guillen led
four in Mexico and two in the the Gulf Cartel.
United States since his extra-
dition to Houston. He faces
federal charges of leading a
drug syndicate, trafficking
cocaine and marijuana, laun-
dering money and threaten-
ing the lives of U.S. agents
Though weakened by a
crackdown, Cardenas' Gulf
Cartel and the military-style
gang of assassins it spawned,
the Zetas, remain powerful
and widely (eared
Their gunmen illlve spread
violence deep into the Mexi~
can heartland and Central
America. Mexican officials
blame the organization for
many ofthis year's estimated
5,600 gangland murders
Now, as President Felipe
Calderon's war on Mexico's
gangs enters its thlrd year, the
Gulf Cartel's resilience
underscores the challenges
facing Calder6n. While he has
approved more than 150
extraditions of alleged drug-
syndicate bosses and gunmen,
the cartel and other crime
organizations have continued
to threaten Mexico's stabilily
and smuggle narcotics to U.s
users, Mexican and American
officials acknowledge.
A government
crackdown on Mexican
drug gangs has weakened
them but at the same time
heightened the incidence
of violence.
BY DUDLEY ALTHAUS
HOLl~IOI'l Chwn/cl(;
OVER 2000 LUXURY VEHICLES UNDER ROOFI BramanMiaml.cam
SQ)S.__C])~~
Year-End
Sales Event
Hurry...AII Offers End December 31".
0.9.. % F,"nanc,"ng will1_awrove-:jcreditonsele."
ARR. Certi1i&dPre--OwIledBMW,
G
Th.lIf~"","
~""M..,~;u'
~:i.,P~~
~~ =C~P:-c.0>ml:6= d~- ::Cer=".c:lPl-:~~:::'
~. .. ... 2006BM W~'" 'lIIiWn 200SBMW
325ia. X3 2.5i
Automatic . Automatie
$ 9 Buys It $ 9 Buys It
Per SeveralAtThis Ptr !ITK#BNl5B624,'l,
MO"lh Great Payment ~oo(h
Every Certified Pre-Owned BMW Includes Up To
6 Year/100,OOO Mile Protection Plan
From On\linalln.5E1Nice Date
.... "c.....~o.,,<C
.',,- 2006BMW
650Ci
Automatic
"~649 ~~~
BMW Will Make Your First 2 Payments
~~rx~;~?.ra~~e~~~r~~~s~n~~~~~v$Wii,;~~1;~:~I~(~~~ar
Buys It
STMI.fCI<B2J63
.. $19,750
123.500
123,750
124,750
.. $25,500
. .m$27,500
$28,750
131.500
..... m$32,500
South Florida's Best Selection of Certified Pre-Owned BMWs
~1~R7c~~2~Kt~~~, . ...$32,500
~~70~~.~J~8C;$37,500
=~,~~J4.]~u"$3 7,750
~~~11a~~2~K~~s~.i". 539,500
~2~~,~"6~,oC; $39,500
~~~~~rtrt~s~~nvertible $39,500
~~,,)l'~~7~~'~;C $45,750
~~!,~~J.~up . ... .. $48,500
~le~~~~K~~S..an ppm $55,500
2005 BMW X3 2.5i
While/Beipe,4JKMiIes..
2007 BMW 328ia
Blul!lBeqe, 16l0Ailes
2006 BMW 32Sia
Redl8eige,34KMiles
2006 BMW 325ia
8IariIBlad:, 25KMiles.
20058MWX3J.Oi
Blacll1Blilck,21KMiles
2006 BMW 525ia
SilveriBlack,4SKMiles.. .
2005 BUWX54,4i
GreenfTrllffle:,31kMiles.. . ........
2006 BMW 535~i Wagon
WIIitelAubulfl,29KMiles..........
2007 BMW S2Sia
White'Beige,29I\MiIes.. .
~" N.E. 20~ Street& Biscayne Blvd.. Miami .....~::":.~~~i~.T::....
.... ~ ~ ~ '_. FROO1HENOll1H:TN~9SSoolhDl9SEIIl.Elil"~BMdaooSoothl".
~~-:.~~. ~AOl.ITHESOllTH:T...~9~IlorIM.:l9;EMtE:01tolIlisuo,noBMIIIlllIbtl>'I''..
" BMW, _.."";,,_~g,?.:i3~7,~~L,,':,'::,;=
~_____.-/ BramanMotorsBMW.com
N cIte-....O""IiIl'r;jt~ wl'~~,,~d"t'll tt~'C"ll~IlMWF OIIoclii 50...", " ~tW<l iliI\"lfC'1IsOO mcll~""^tIlS399!lrlcw"O'J5"".~J Klluwl~
a;oV<<lllerI)(\;1325<as"ldX3 25 illC.S'OA.P~._ 525..al2.9<r:.^PR 55OC, ill9%A,r.R..OllI:~lllO'" lWl.(lS :23W.llAAC
A~p/GETT'lIII/l.C.ES
And, they admit, the extra-
ditions have stoked the blood-
shed rather rhan snu[{ed it.
While the offensive has
been on multiple fronts, the
Gulf Cartel arguably has been
the Calder6n government's
principal target Aside from
Chdenas' extradition to
Houston in January 2007, sev-
eral other cartel leaders and
hundreds of lesser hoods
have been arrested
Recent blows include the
November capture of the
Zetas' third-ranking com-
mander and the seizure the
same month of some 400
smuggled weapons on the
Texas border. Those events
{ollowed the September dis-
mantling of a major GuJi Car-
tel drug distribution network
in the United States and
Europe
But, though bowed, the
cartel and its gunmen hardly
seem broken
"If anything, the extradi-
tion oi Cardenas has led to an
even more virulent form of
the Gulf Cartel," said Bruce
Bagley, an expert on Latin
American narcotics gangs at
the University of Miami
Mexican authorities blame
the Zetas for the Sept. L-'i gre.
nade attack on :0 crowd cele-
brating Independence Day in
the capital of central Michoa-
can state, killing nine. On the
outskirts of Mexico City and
in states along the Pacific
coast, gun battles involving
the Zetas have killed scores
- including dozens of police
officers. And Guatemalan
police say the Zetas orches-
trated an attack that killed J7
on the border with Mexico.
That continued strength
has mocked the hopes of
some who argued that
Cardena~' extradition would
shatter his cartel
Gang warfare seems to
have exploded in Mexico in
2008
In Tijuana, more than 400
have been killed since late
September in a struggle
between the former under~
bosses of the Arellano Felix
crime family.
In Ciudad Juarez, gang
warfare has killed more than
1,500 people since January
when gunmen trom Sinaloa
state moved in to eliminate
the citv's weakened criminal
bosses~ Still more blood has
Howed in Sinaloa itself after
former allies turned on one
another.
"There is a benefit in cut-
ting down large organizations
into httle cartels, because
they don't threaten the slale,"
said Bagley, who has studied
the impact of Colombia's
extradition of its gangland
chiefs in the 1990s
But, he said, "you leave a
vacuum at the top. and you
unleash more violence:'
Cardenas rose to the top of
his organization after the 1996
arrest of Gulf Cartel founder
Juan Garcia Abrego, who was
sent to the United States and
convicted of narcotics-related
charges in a Houston iederal
court. Garcia Abrego, once a
lord oJ the border, is serving
multiple life sentences in a
U.S. federal prison
By 1999, Cardenas was the
undisputed head of the Gulr
Cartel, which U.S. officials
say was smuggling 70 lons of
cocaine a year into Texas
His downlall began the
same year, after Cardenas and
more than a dozen gunmen
accosted and threatened to
killlwo U.S_lederal agents on
a Matamoros street.
Alarmed by the gang's bra-
vado, U.S. agencies launched
a jOint investigation into the
cartel, which resulted in fed-
eral grand jury indictments of
Cfu'denas and several lieuten-
ants in 2002.
After his 2003 arrest in
Matamoros, Cardenas was
convicted of drug traificking
charges by a Mexican court
but never sentenced. His U.s
trial has been delayed and is
scheduled to begin in Septem-
ber. He faces multiple liie
sentences.
While iailed in Mexico,
Cardenas continued to direct
his organization, Mexican
officials say, in Ii war with
rivals that induded the
2004-05 battles that killed
more than 500 people in
Nuevo Laredo.
An intelligence report
(rom Mexico's public security
minister identifies Zeta leader
Heriberto Lazcano as the de
facto head o( the Gulf Cartel
U.S, and Mexican investiga~
tors believe Cardenas'
brother, Ezequiel, remains
one of the gang's leaders.
Houston Chronicle reporter
Dane S/Chiller contribuled
reporting from HOUSIOn.
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING AGENCY
NOTICE OF ADOPTION OF TEN-YEAR WATER SUPPLY
FACILITIES WORK PLAN AND
NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN
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 Tuesday, January 13, 2009 at 6:00 p.m. to review
and recommend adoption of the following Ordinance to the City
Commission
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING A TEN-YEAR WATER
SUPPLY FACILITIES WORK PLAN AND AMENDING
THE CITY OF AVENTURA COMPREHENSIVE
PLAN BY AMENDING THE FUTURE LAND USE
ELEMENT, THE INFRASTRUCTURE ELEMENT,
THE CAPITAL IMPROVEMENTS ELEMENT,
THE INTERGOVERNMENTAL CO-ORDINATION
ELEMENT AND THE CONSERVATION &
COASTAL MANAGEMENT ELEMENT OF THE
CITY OF AVENTURA COMPREHENSIVE PLAN
TO IMPLEMENT THE CITY OF AVENTURA TEN-
YEAR WATER SUPPLY FACILITIES WORK PLAN
REQUIRED PURSUANT TO CHAPTER 163,
PART II, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the City
Commission of the City of Aventura, as the governing body, will consider
the above described Ordinance on first reading at a public hearing.
All the above described Public Hearings wilt 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
Clerk at the above address. Interested parties may appear at the Public
Hearings and be heard with respect to the proposed Ordinances
In accordance with the Americans with Disabilities 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 a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person 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.
Teresa M. Soroka. MMC. City Clerk
c:(
0:: J:
::>
I- :!:
z to
w .....
> c:(
c:( <(
U. t:
0 0
~ +=
u
CIl
u en
..
Q)
C
0
N
. . Q;
Q) OJ
E i...: <Il C
0
<Il Q) a.. ~
z <F> C
1: t 0 t3
Q) :e
.~ > <F>
"0 Q) Q)
U c:( (/) 0
..... .....
<:) <:)
..... .....
It) It) II"!
It) It)
""' ""' <:) 3:
(,Q (,Q ..... all
N N X
co co l") CO
i...:
Q)
.D
E
i...: :::l
Q) Z Q)
.D C.
E c >-
0 I-
:::l t 0
z Q) Q)
~ <F> .~ '0
E (/) u
e CO
0
0
~ N
-
...... en
5 N
-
N
~ -r-
~ Q)
. ...,; ....
i ns
c
. ...,; c
~ 0
.-
....
co
~ 0
.-
..c -
.c
re) ::::s
0.
16A I t-10NDA Y, DECEMBER 29, 2008
INDIA AND PAKISTAN
Al
WORLD
Tensions rise as diplomacy lags
c
Q)
C
o
o
>-
<:
'"
Q)
<II
o
e-
::l
0.
~
~
-
'0
7i
)(
Q)
>-
'"
~
>-
<:
'"
.5
~
ti;
"'"
~
:t
Q)
.~
1;;
>
.;:
Q)
'tl
Q)
1;;
Q)
U
'0
<:
>-
'"
E
::l
o
>-
,;
Q)
1;;
o
:;;
.5
'"
'"
'"
0.
'tl
<:
'"
Q)
1;;
'tl
Q)
;;
<:
o
'tl
iii
Ii
J:
'E
'"
i
Q)
oJ:
I-
.5
'tl
~
'"
Q)
0.
0.
'"
'tl
'"
Q)
;;
1;;
:;
Q)
o
<:
Q)
'tl
.;;
'"
'"
>
'iij
::l
U
"
o
o
<II
'"
'tl
Q)
'tl
.;;
o
a.
.!!l
g
Oi
Q)
oJ:
'"
W
<II
:c
I-
In the absence of
constructive dialogue,
India and Pakistan - both
facing internal pressures-
are acting tougher.
BY MARl( SAPPENFIELD
AND SHAHAN MUFTI
ThllChristill!'lSci'?!\C~ Monito'
NEW DELHI - A month
after the terrorist attacks in
Mumbai, India and Pakistan
are turning to brinksmanship
because they haven't found a
way to talk constructively
Both governments have
spoken o(their de!iire to avert
war, yet each is constrained
by strong public prejudice
against the other. Neither
wanls to appear to capitulate,
given that both face signifi-
cant internal challenges
India's government is fac-
ing elections next year, and
Pakistan's civilian regime
mU5t be mindful of its coun-
try's powerful army
Reports of provocative
actions by both side5 - with
local residents confirming a
redeployment of Pakistani
troops from the Afghan bor-
der - bave forced the inter-
national community to step
up efforts. to break the dead.
lock. Influential new players
such as Rus.sia and China are
becoming involved
The best option is. to calm
the situation and force the
two nations to talk, 5aid
Ahmed Rashid, a political
analyst in Lahore, Pakistan.
"This is a significant thing,"
he s.aid, noting that Russia
and China have broad inl1u-
ence in India and Pakistan,
respectively
Since the Nav, 26 attacks.
in Mumbai, which India
blames on tenorist groups in
Pakistan, both countries have
alternated threats with con-
ciliatory remarks_ The pattern
is intensifying.
I'akistani Prime Minister
Yousaf Raza Gilani said Sat"
urday that "Pakistan will not
indulge in any misadventure,"
insisllng that Pakist~n will not
strike tirst against lndia.
Yet, a day earlier, local and
international media outlets
reported that Pakistan's army
bad postponed all leaves for
soldiers to maintain a peak
state of readiness. It also had
redeployed soldiers from the
Afghan front, where they arc
fighl ing militants, to the
Indian front, the reports said.
AMERICAN CONCERN
The redeployment has.
been characterized as minor,
with Pakistanl oflicials calling
it a "minimum defense mea-
sure," Yet,it's precisely what
the United State~ wished to
avoid, Wilh many A..fghan mil~
itants maintaining command-
and-control hubs in Pakistan's
tribal areas, a few dozen miles
from here, the United States
wants Pakistan to focus its
military might on its Afghan
border, not on India
But any such move would
play well in Pakistan, Habib
Zade, a social worker based
near Mardan, said that ~ome
people in the area are pleased
to "ee the army go_ "They're
glad that finally, after so
much fighting between oUr~
selves, we have a common
enemy to fIght," he said
Nasir Khan, a farmer, isn't
so sure that redeployment is a
good Hilng. "Vlho's to say that
the Taliban won't just start
coming bad down here
again?" he said.
The fact is that neither
Pakistan nor India has the
political security to offer an
o1iv~ branch to the other, said
Shuja Nawa7" author of
Crossed Swords: Pakistan, Irs
Army and tho:: Wars WIthin
"Weak governments are
worried about being per-
ceived as even weaker," he
said. "This is more about
domestic politics than any-
thing else."
As a result, each govern-
ment has tailed to reach out
to the other, Today, they are
holding essentially to the
same lines they set forth in
the days after the attacks -
India demanding that Paki-
stan take action against a list
of alleged terrorists, and Paki-
stan saying India has given no
evidence of their guilt
With no movement diplo-
~..
~
";-<";-;~.., :::;"p.'
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
AMENDMENT TO ORDINANCE NO. 2008-09
PubliC Notice is hereby given that the City of Aventura Local Planning
Agency will meet in a public hearing on Tuesday, January 13, 2009
at 6:00 p..m, to review and recommend adoption of the follOWing
Ordinances to the City CommisSion.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 6 "EFFECTIVE
DATE" FROM JANUARY 1, 2009 TO APRIL 1,
2009 OF ORDINANCE NO. 2008-09 ADOPTED
ON APRIL 8. 2008, WHICH ORDINANCE
ESTABLISHED A TRANSPORTATION MITIGATION
IMPACT FEE AND SCHEDULE FOR MITIGATION
OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT IN THE CITY OF AVENTURA;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the
City Commission of the City of Aventura, sitting as the governing
body, will consider adoption of the above descnbed Ordinance on
first reading at a publiC hearing and will again consider the above
described Ordinance for adoption after second reading at a pUblic
hearing on Tuesday, February 3, 2009 at 6:00 p.m.
All above described Public Hearings will be held in the City
Commission Chamber at the City of Aventura Government
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 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 Amencans with Disabilities 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. no later than two
business days prior to such proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
or hearing, that person 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.
Teresa M. Soroka. MMC. City Clerk
matically, tensions have
slowly escalated, Pakistan's
apparent decision to redeploy
some troops to the Indian
border follows Indian jets
reportedly violating Pakistani
airspace on Dee. 13.
Pakistan has used India's
refusal to rule out military
strikes "to whip up war hyste-
ria," which, in turn, antago-
nizes India, said Rashid, the
analyst in Pakistan. "We're in
a very vicious cycle"
It's this cycle that the
international communitv
seeks to break. .
OTHERS INTERVENE
Perhaps more significantly,
a host of other nation!'. are
also becoming more involved
in trying to calm the two
nuclear-armed rivals:
. Chinese Foreign Minis-
ter Yang Jiechi called his
counterparts in India and
Pakistan late last week, saying
they should "properly han-
dle" the situation
. Saudi Arabia's loreign
minister was in New Delhi
this weekend to be briefed on
India's claim that Pakistanis
were behind the Mumbai
attacks.
. On Saturday, Indian
Prime Minister Manmohan
Singh called Iranian President
Mahmoud Ahmadinejad to
ask for his suppOrt in pressur-
ing PakiBtan
. Also Saturday,Russia, a
longtime aJly oj India, issued
a statement saying it was
"extremely concerned" about
the tensions
Sappenfield, a Christian
Science Monitor staff writer,
reported from New Delhi
Mufti, a Monitor correspon-
dent, repor/ed from Takht-e-
Bhai, Pakistan.
GHANA
Miamirlera-ld.col11 I THE MIAMI HERALD
Presidential runoff
looks sn100thly run
No maior prOblems
were seen as Ghana
staged a runoff to settle a
closely contested
presidential election.
BY FRA~CIS KDKUTSE
J;s~oci.ated P"e~s
ACCRA, Ghana - Gha-
na's presidential runof{vote
appeared to go smoothly
Sunday, observers and ana-
lysts said, evert though the
West African nation's ruling
party and opposition traded
allegations of rigging
Nan:\ Akufo-Addo of the
ruling party faced opposition
candidate John Alta Mills,
whose campaign maintains
that the country's economic
growth has not been felt in
people's wallets.
"On the whole, the elec-
tion has been peaceful, with
Just some queues at some of
the polling stations too long
and too slow," said Kwesi
Jonah, a scholar.in-residence
at the Institute of Demo.
cratic Governance, an inde-
pendent think tank
President John Kufuor b
stepping down aftel two
terms in office in what is
expected to be Ghana's sec-
ond successful handovel o{
power from one legitimately
elected leader to another
Observers with The
Carter Center, founded by
iormer President Jimmy
CMter, have said the fiTst~
round Dec. 7 vote was exem-
plary. Ghana is one of Afri-
ca's few stable democracies.
Neither candidate,
though, secured enough
votes to win the election
outright. Akufo-Addo
received 49.13 percent, while
~..~. .... Introducing e susteineble
.;:.-. .. end energy-effi<:ient lumen.ire
. ..., ~,0..,..0'0, .,w ,""","01;0.
"'" .,.-- end r.trofit eIlPhc.tion$.
'Supen,,,;ghl<r'Jl''ity'C(ll\<lN'I'IOs75%1.''"'''''>'Ic<n\II''I.~1065WBR30i''C3nd'''""ollatnp
. U.." les, Ihar1 15 _It; , 600 h........, ""~'" P;qected 50,000 110", iii<
. WMn color lO~r.llJr. (3000'K ....itt CRI """I &ill . G,..I., ttOf\ ~ Iumoru: !'O' ..an
'Oimmablo D...ynod In 1,,1 . V"..lIIly mainlofl3nce tr.. . T~f" l'*i" Iimilod "''''.....ly
S6yes Money, S"'lo'es Energy! ~\,
Celebrate
Join in the spirit of
Black History Month!
South Florida's
Black Community
Each yo", ThtMiemiHo,,.l<l,h,on;d.,
~<[..,,~li,l>mont> or South florida', bbd<
oommJl1i'rJin"t.ucinatings~l<<tion
B.eportoflhi, impolUnt"""'~. Thi,JOe"',
we~p(lrton"<hirvem.nbfron'l
pi"i<llJat!"~viststapa1itifJIllea<le",.
",,"Ub"';nl!..~rltododil2l.o
indivitllJau. <O>'ering I",,;au,top;cs
ofi~P<lrtano:tta the tIl.ork 'amm~n;t~
Get your message in this
popular specialstction.
Tho Eltid<HirloryManthlMJatpliJtiatian
~theido.i(lor\Jffitoildl:bw' ......fig!
afilSU.,,;mdreilwarobu.rt.grawing
(on$UMe,.~d,!fI<O. ThllmtJ!of
floricl3iOnlo!Sthinlot.IAlrian.
_ticonMtJ..l>flI~im"""'-
~41 billian' .n"".lI~
Mahthe power of
the Web work for~ou.
Ulett>etrw>e"""u"","chaltholntomH
toc""'m"nk.towith.n......"bi~.,
"ud;enct. In.dditi"" Ill.hll..a,;ng
l"'u'odin print. Ihisenti...8(.d<H;,to/y
:~..~~~':~~ app..." online for up
enltmia1~st~~ ~
Black History Month
Special Section
"'.........~SIJndily,FebrUilryB,2009
SP'" 1IO""'~~' Wednt5day, January 2)
ILl
~
11:1
[. ~dl,*~1I
: I I I '
L~ ! ___~_----.J
OCROSS
AUa Mills received 47.92
percent
During Sunday'S runoff,
the oppo~ition alleged that
33 of its polling agents had
been arrested in the Ashanti
region, a perceived ruling
party stronghold
"It would therefore. be dif-
ficult for us to accept the fig.
ures {rom the region and,
consequently, the entire
results of the elections,"
Alex Seghefia, campaign
coordinator of the National
Democratic Congress, told
the Associated Press
The ruling New Patriotic
Party, however, rebutted the
allegation, saying the
Ashanli region was its
stronghold and it would not
do anything to put the
results {rom that area in
doubt.
"We have also had
reports of people snatching
ballot boxes in order to
destroy voting and we know
these are not our party sup-
porters," ruling party
spokesman Arthur Kennedy
said.
The top U.S. envoy ior
Africa cautioned the politi-
calleadership to handle the
runoff with care to avoid
inciting people
"In my tour oi various
polling stations, there have
been a lot of allegations irom
both parties and it therefore
requires the leaders of the
parties to be circumspect
and behave responsibly,"
said Jendayi Frazer, the U.S.
assistant secretary of state
for African atTairs.
David Pattie with The
Carter Center said ballot
counting was under way
Sunday night and that the
group had been receiving
parlial preliminary reports
(rom across the country
While the group had heard
o[ "~ome irregularities in a
few locations," Pottie said
they had not at this point
received a large number of
such reports.
About 5,000 security per-
sonnel were deployed across
the country before Sunday's
vote. During the first round,
there were tensions between
supporters of the two main
parties, and isolated cases of
violence at polling stations
in the country's interior.
Ghana, a rare example of
democracy in a region of
totalitarian states, suffered
back-to-back coups in the
1970s and 19805.
But after ruling fOf 11
years, strongman Jerry
Rawlings organized elec-
tions. He won two terms,
then surprised the world by
ceding power when his par-
ty's candidate lost to Kufuor
in the 2000 vote.
For Ghanaians, it's impor-
tant that the election goes off
without baUot stuffing and
violence that continues to
plague African elections,
Ever since 1957, when it
became the first nation in
Africa 10 declare indepen-
dence from its colonial ruler,
Ghana has had the weight of
history on its shoulders.
Ghana has seen over 6
percent growth since Akufo-
Addo's party took office
eight years ago. Investment
has grown and oil was dis-
covered last year oj{ the
coast,
i-
4) like Sunday morning.
;~~pen an IRA. With BankAllantlc todayl
:F.Ti1.~
Ronda's Most Convenient Bank
1-888.7-DAY-BAHK
i_
~
GIRII"kAtianlir..r;~mlmA
,io~ll~.-","I$I.1':
<(
0::: J:
::l
I- ::i1E
z -
..-
w ..-
> <(
<( <
LL C
0 0
~ ..
U
CII
0 CI)
. .
Q)
C
0
N
. . Q)
Q) en . .
E L..: CO C
CO Q) 0.. 0
Z If) C ~
C 'E 0 .5
Q) U
.~ > If)
'0 Q) Q)
u <( (fJ 0
..- ..-
0 0
('II ('II
0 0 In
m m 0 ~
('II ('II
..... ..... ..- ~
('II ('II ><
CXl CXl M D:I
L..:
Q)
.0
E
L..: ::J
Q) Z Q)
.0 C.
E c >-
0 I-
::J 'E .....
z Q) Q) 0
'0 If) .t::! (5
<( E (fJ U
e CO
0
0
JQ N
--
-.-.. 0
e (It)
-
N
W or-
~ (1)
+ ...... ....
i m
C
c:
i 0
....
m
w (.)
.-
..c -
~
W :3
Q.
THE MIAMI HERALD I Mial"niHerald,com
THE MIDDLE EAST
FROM THE FRONT PAGE
Ground offensive
could be planned
'E
$
J::
o
"
'"
J::
..
..
III
o
0.
5
0.
E
~
'0
c.
><
'"
'"
..
;l
'"
J::
..
.E
~
ii
-f
o
;l
'"
.~
10
>
.;:
'"
'0
..
10
'"
U
o
J::
'"
..
E
"
o
>-
,;
$
..
"
:;;
.E
'"
'"
..
0.
'0
J::
..
'"
10
'0
'"
=
J::
o
'0
~
'"
J:
'E
..
:Ii
'"
.r.
t-
.E
'0
'"
ii;
'"
0.
0.
..
'0
..
'"
=
10
=
..
"
J::
..
'0
.;;
'"
'"
>
.;;;
"
"0
J::
o
"
III
..
'0
'"
'0
.;;
o
is.
.!!!
~
..
'"
.r.
VI
iii
III
:c
t-
.GAIA, FROM 1A
allv warn them that their
homes, or adjacent buildings,
were targets.
Among those trapped in
their homes was Wafa Kan-
nan, 27, who has been camp-
ing out in a narrow Gaza City
apartmenl corridor with her
mother and two brothers
since the strikes began on
Saturday
Over the weekend, Kan-
nan's mother received a
recorded call on he r cell-
phone {rom the Israeli mili-
tary. When she heard who
was calling, she hung up.
Minutes later, the same call
came to the land line in her
apartment warning her to
leave if she was storing
weapons
In an apartment building
across the street from Kan-
nan and her Camily live four
brothers who are Hamas mil-
itants. Israeli intelligence
called the Hamas members to
warn them that they were
targets, Kannan said.
Leaders at the local
mosque urged neighbors to
converge on the apartment
building and act as human
shields, she added, No one
heeded the call, however, so
the Hamas militants fled.
fire had killed eight Israelis
in the past two years. Since
Israel launched the airstrikes
on Saturday, four Israelis
have been killed in ,attacks
from Gaza.
As Israeli tanks, artillery
batteries and troops stepped
up preparations for a possi-
ble ground oefensive,
Defense Minister Ehud Barak
announced that the attacks
wouldn't end until the mili-
tary had delivered a "severe
blow" to Hamas.
"We are in an all-out war
against Barnas," Barak told a
special session of the Knes-
set, the Israeli parliament.
Israeli government lead-
ers. made it clear that they
want to contain the rocket
fire from Gaza but have yet
to explain when or how the
conllict will come to an end
"The strategy today is to
hit Hamas and to hit Barnas
hard," said Mark Regev, a
spokesman {or Israeli Prime
Minister Ehud almert. "We
believe that Will create a new
reality, a new security envi-
ronment in which a quarter-
million Israelis no longer
have to live in fear of rocket
attacks."
In apparent preparation
ior sending in troops, Israel
on Monday declared large
swaths oi its border with
Gaz.a "closed military zones"
that prohibit journalists and
others from entering.
Last month, Israel shut its
main border crossing with
Gaza to all-but-essential
medical cases
cial corre~pondent, reported
from Gaza City.
&..n~.
. : -, ~s:.
, i .
~~.,.~"
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT TO ORDINANCE NO. 2008-08
Public Notice is hereby given that the City of Aventura Local Planning Agency
will meet in a public hearing on Tuesday, January 13, 2009 at 6:00 p.m.
to review and recommend adoption of the following Ordinances to the
City Commission:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO.
2006-06 ADOPTED ON APRIL 8. 2008. WHICH ORDINANCE
ESTABLISHED A TRANSPORTATION MITIGATION
IMPACT FEE AND SCHEDULE FOR MITIGATION OF
TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN
THE CITY OF AVENTURA; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Immediately following the Local Planning Agency meeting, the City
Commission of the City of Aventura, sitting as the governing body, will
consider adoption of the above described Ordinance on first reading at a
public hearing and will again consider the above described Ordinance for
adoption after second reading at a public hearing on Tuesday, February 3,
2009 at 6.00 p.m.
All above described Public Hearings will be held in the City Commission
Chamber at the City of Aventura Government 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 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 Disabilities 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, no later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that person
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.
Teresa M. Soroka, MMC, City Clerk
TUESDAY, DECEMBER 30, 2008 I llA
SfIl.lSlIA~ SCIlBNER(AP
GROUND FORCES: Israeli soldiers and equipment are gathered at a staging area near
Israel's border. with the Gaza Strip in southern Israel on Monday
~~t pultJdt "" 11/iJb!
~f)P:he faces yoc pass eve,,! oay. how ma'y belo'9 to people who me
hungry? Or homeless? Or sick? There are thousands of such people in South
Florida and their stories and pictures Will appear in the newspaper now through
the end of the year
With your don31ion, you can make holiday wishes come l@
~,:,.... . true and make lite a little better for.those truly in need .. .' .....
. -...] For more Information. please call 'tit .
,.,.. 305-376-2906 or VISit ~ ,-'
www.MiamiHerald.comlwishbook ~
_OllCe '~ no~irl~s'~~s ~av~ oo:.n 1~1ill~. ~ra~ c~r;~s ~ ~a~ ~se~u.!s l~ o~er ~~~ab~ p~~es_
Make your check payable to Herald Charities Inc. and mail to
Herald Charities Inc, One Herald Plaza, Miami FL33132
z"
C1W:J\ o MiisttrCard OAmeric""E<lIress ::1 ChBCk
t>:pOaI!
I would Ilks my don~liOrJ ro bl:l irJ memory of
To donate online. Vlsrt
wwwmlamlherald com/wlshbook
o II you do no~ wan! vo", donatiOfl ackno....lfldg~o in th~
pSlle" pr~asech"ck here
((:>ono;><,wil<l>C~c~~oclinllloJ>flP<>'<>n12/25""d2l14.)
COHSllMERSE~OCES BY CAlllHG ~EE 1.81)(H35-7JS2W1llilN ruE
APPRQ~AL OR RECOMMENDATION BY $1.IJE
f1eraI6Cl1Br~;e"lnc B"'taXrle6uch~
49Ei,Rorlda5.laMes,1IleSolicllalioos
8EOBTMjED FIlQM THE OMSKlN OF
REGISTAATION OOES NOflMP\.y ENIXlFt5EMENl
Closing date 15 .January 15, 2009. Don't miss out -
reserve your listing with HCP/Aboard Publishing today.
Shawn Paulus Lori Castle
~O<;-376-S283 305-376-5252
spauluS@hcpaboem:;l,com IC<ostle@hcpaboard,com
Luis Sardinas
305~376-2581
Isaro'inas@hcpi!lbMrd.(om
~-IEP ABOARD
_Q~"'lEItWf"''''
COUV(NliQ# I
"'S~10.S eURt~v