03-02-2010
Cit;y Commission
Susan Gottlieb, Mayor
A ':!be City of
rl.Ventura
Q,
'~":..-J,:""'.
^..:."..../.. .
Cit;y ManaKU
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
T eri Holzberg
Billy Joel
Michael Stem
Luz Urbaez Weinberg
Cit;y aerk
Teresa M. Soroka, MMC
Cit;y Attornev
Weiss Serota Helfman
Pastoriza Cole & Boniske
MARCH 2, 2010
immediately following 6 p.m. LP A
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: 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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
February 2,2010 Commission Meeting
February 18,2010 Workshop Meeting
B. A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA
OPPOSING AN AMENDMENT TO THE FLORIDA
CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE
ALL CHANGES TO A CITY OR COUNTY'S COMPREHENSIVE
PLAN; AUTHORIZING THE CITY MANAGER TO DO ALL
TmNGS NECESSARY TO CARRY OUT THE AIMS OF TmS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
C. THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE
A VENTURA CITY OF EXCELLENCE SCHOOL BOARD OF
DIRECTORS:
MOTION TO ACCEPT THE OUT-OF-FIELD WAIVERS LIST
AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM
DATED FEBRUARY 23, 2010.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
March 2, 2010
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.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,
please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staffhave 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.
A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA,
CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE
CITY CODE FROM A WRITTEN ORDER, REQIDREMENT,
DECISION, DETERMINATION OR INTERPRETATION MADE BY AN
ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S
LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL
SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING-PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF
ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND
ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF
CHAPTER 31 "SIGN REGULATIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE
TO CLARIFY AND AMEND EXISTING REGULATIONS OF SIGNS
WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH
RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS
OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR
REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN
EFFECTIVE DATE.
8. ORDINANCES: SECOND READINGIPUBLIC HEARING: None.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
2
March 2, 2010
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
WORKSHOP MEETING MARCH 18,2010
9AM 5TH FLR. EX. CONF. ROOM
COMMISSION MEETING APRIL 6, 2010
6 PM 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, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
3
A'!he City of
.nventura
A
.'
MINUTES
CITY COMMISSION MEETING
FEBRUARY 2, 2010 6 pm
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Urbaez Weinberg, Mayor
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Alan Greenfield, Esq.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: After
motion offered by Commissioner Holzberg, seconded by Commissioner Joel and
unanimously passed, item 6-B was tabled to the March 2, 2010 Commission meeting
and for discussion at the February 18, 2010 Workshop Meeting.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Diamond, passed unanimously and the
following action was taken:
A. APPROVAL OF MINUTES:
January 5, 2010 Commission Meeting
January 21, 2010 Workshop Meeting
B. Resolution No. 2010-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 10-01-06-2, COUNTRY CLUB DRIVE EXERCISE PATH
IMPROVEMENTS TO FLORIDA ENGINEERING AND DEVELOPMENT
CORPORATION AT THE BID PRICE OF $324,110.50 CONTAINED IN
EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2010-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2010
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. Resolution No. 2010-08 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $64,000
FOR WEAPONS RACK, CONTRIBUTION TO LEO FOUNDATION,
SERVICES TO RESTRUCTURE PO RULES AND REGULATIONS, AND
EQUIPMENT FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
F. The following motion was approved:
MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO
NATIONAL HADASSAH PRESIDENT NANCY F ALCHUK
G. Resolution No. 2010-09 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 GARDENS 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.
H. Resolution No. 2010-10 was adopted as follows:
2
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 MIAMI SHORES VILLAGE 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.
I. Resolution No. 2010-11 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 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.
J. Resolution No. 2010-12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT
BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL
VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
K. Resolution No. 2010-13 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 10-01-05-2, A VENTURA GOVERNMENT CENTER
CHILLER REPLACEMENT TO SOUTHEASTERN CHILLER OF MIAMI,
INC. AT THE BID PRICE OF $339,871.00 AS CONTAINED IN EXHIBIT
"A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
3
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the
Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the
applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be
made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you
refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be
permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on
their behalf. Persons representing organizations must present evidence of their authority to speak for the organization.
Further details of the quasi-judicial procedures may be obtained from the Clerk.
A. Mr. Wolpin reviewed the quasi-judicial procedures and read the following
resolution by title. All witnesses giving testimony were sworn in by the
City Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW LOT COVERAGE OF 73.9% FOR AN OFFICE
DEVELOPMENT LOCATED IN BOTH THE COMMUNITY BUSINESS
(B2) DISTRICT AND THE MEDICAL OFFICE (MO) DISTRICT WHERE
MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE AND
TO ALLOW FLOOR AREA RATIO OF 1.82 WHERE MAXIMUM FLOOR
AREA RATIO OF 1.28 IS PERMITTED BY CODE; FOR PROPERTY
LOCATED AT 21420 BISCAYNE BOULEVARD, CITY OF AVENTURA
PROPOSED TO BE CONSTRUCTED UNDER THE CITY'S GREEN
BUILDING PROGRAM; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Weinberg, and seconded by
Commissioner Auerbach. Community Development Director Joanne Carr
addressed the Commission and entered the staff report into the record. Mayor
Gottlieb opened the public hearing. The following individuals addressed the
Commission: Alan Rosenthal, Esq., One Aventura Place, representing the
applicant; Javier Font, Behar Font Partners, Architect, 4533 Ponce de Leon, Coral
Gables, Jackie Tako, 12455 Keystone Drive, N. Miami. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2010-14 was enacted.
B. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE
CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION,
DETERMINATION OR INTERPRETATION MADE BY AN
ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S
LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL
SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
(Tabled)
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
4
8. ORDINANCES: SECOND READING/PUBLIC HEARING: None.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS:
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 7:30 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
5
A~
e,
,...;,1
MINUTES
CITY COMMISSION
WORKSHOP MEETING
February 18, 2010 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, Billy Joel, Michael Stern, Teri
HOlzberg, Vice Mayor Luz Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk
Teresa M. Soroka and City Attorneys David M. Wolpin and Susan Trevarthan. As a quorum
was determined to be present, the meeting commenced.
1. UNITED WAY PRESENTATION (Mayor Gottlieb): Withdrawn
2. UPDATE FROM COUNTY ON LIBRARY PROJECT: Representatives Jose Camejo and
Augustine Gonzalez provided an update on the project.
CITY MANAGER SUMMARY: No action necessary.
3. COMPUSA APPEAL OF LOR ADMINISTRATIVE DETERMINATION: (City Manager)
Withdrawn by applicant
4. AMENDMENT 4: (City Manager) Mr. Soroka advised the Commission that the Florida
Hometown Democracy initiative has placed a constitutional amendment on the ballot this
November which would require the adoption and amendment of the Comprehensive Plan to
be approved by voters of each jurisdiction and noted other governmental agencies have
taken a position in opposition thereto.
CITY MANAGER SUMMARY: Consensus to place Resolution in opposition of Amendment
4 on March Commission meeting agenda for discussion.
5. PROPOSED COUNTY RESOLUTION REQUESTING PLAN TO UNIFY E911 CALL
CENTERS: (City Manager) Mr. Soroka advised the Commission of a proposed resolution
by Commissioner Jose "Pepe" Diaz requesting plan to unify E911 Call Centers.
CITY MANAGER SUMMARY: No action necessary at this time.
6. PROPOSED AMENDMENT TO SIGN REGULATIONS SECTION OF THE LAND
DEVELOPMENT ORDINANCE: (City Manager) Community Development Director Joanne
Carr, Mr. Wolpin and Ms. Trevarthan submitted revised amendments to the City's Sign Code
subsequent to the discussion at the January Workshop Meeting.
CITY MANAGER SUMMARY: Consensus to proceed with preparation of Ordinance,
incorporating Commission's further input, for discussion at the March Commission meeting.
Mr. Soroka distributed a plan to add 40 additional parking spaces to the Aventura Arts &
Cultural Center.
7. 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
10:45.
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.
Teresa M. Soroka, MMC, City Clerk
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: February 26,2010
SUBJECT: Resolution Opposing Amendment Four - Referenda Required For
Adoption and Amendment of Comprehensive Plan
March 2, 2010 City Commission Meeting Agenda Item .5...::..."5
The Florida Hometown Democracy initiative has placed a constitutional amendment on
the ballot this November which would essentially require the adoption and amendment
of the Comprehensive Plan to be approved by the voters of each jurisdiction. Currently
the local government body is responsible for the adoption or amendment of the
Comprehensive Plan.
Due to the fundamental abandonment of government's responsibility to represent its
citizens and the possible impact on economic development the Florida League of
Cities, along with numerous other cities, have taken the position to oppose Amendment
Four.
The City Commission agreed at the February Workshop Meeting to place on the
Agenda a Resolution opposing Amendment Four.
EMS/act
Attachment
CC01680-10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA
OPPOSING AN AMENDMENT TO THE FLORIDA
CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE
ALL CHANGES TO A CITY OR COUNTY'S COMPREHENSIVE
PLAN; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida is experiencing an unprecedented recession; and
WHEREAS, the State of Florida's unemployment rate continues to climb and is among the
highest in our nation; and
WHEREAS, attracting new jobs and new businesses to the State of Florida is essential to the
future recovery and prosperity of the state, the City of A ventura, and its residents; and
WHEREAS, Amendment 4 seeks to place a constitutional amendment before Florida's voters to
amend Article II, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR
ADOPTION OF LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS); and
WHEREAS, Amendment 4 creates a time-consuming and costly process for businesses locating
or expanding in Florida; and
WHEREAS, Amendment 4 will impede efforts to grow and diversify Florida's economy; and
WHEREAS, a major economic study indicates that Amendment 4 is likely to lead to over
260,000 lost jobs in Florida; and
WHEREAS, Amendment 4 will make well-coordinated planning impossible; and
WHEREAS, this amendment constitutes a fundamental abandonment of government's
responsibility to represent all its citizens; and
WHEREAS, this amendment will further disenfranchise millions of Florida' s already-fatigued
electorate, paralyze local governments and potentially cripple vital public services including crime
prevention, transportation improvement and public education; and
Resolution No. 2010-
Page 2
WHEREAS, this amendment will result in added costs to our local governments, weakened
public services and heavier burdens on Florida taxpayers; and
WHEREAS, the small Pinellas county town of St. Pete Beach adopted a local version of
Amendment 4 in 2006; and
WHEREAS, this local version of Amendment 4 resulted in higher taxes, fewer jobs and endless
litigation at taxpayer expense; and
WHEREAS, Amendment 4 will permanently damage Florida's economy and lead to a serious
decline in the standard of living for Florida residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA THAT:
Section 1. The City of A ventura Commission hereby strongly opposes the proposed
Constitutional Amendment 4 that poses a grave threat to Florida's unique quality of life, the stability of
its communities, and the prosperity of its economy and urges voters to vote "NO" on Amendment 4 on
the 2010 ballot.
Section 2.
The City of A ventura City Commission does not concur with the "one size fits
all" approach of Amendment 4 and believes in opening a broad-based community dialogue that
addresses the unique growth management concerns of our community.
Section 3.
This Resolution shall become effective upon 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 Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this 2nd day of March, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: February 23,2010
SUBJECT: Recommendation to Accept Aventura City of Excellence School Out-
Of-Field Waivers
March 2, 2010 City Commission Meeting Agenda Item 5-u
RECOMMENDATION
It is recommended that the City Commission acting in its capacity as the Governing
Board of the Aventura City of Excellence School accept the out-of-field waivers list as
outlined in this memorandum.
BACKGROUND
The Miami-Dade County School Board requires the Governing Board of each charter
school to accept a list of teachers considered out-of-field. Teachers working on
additional certification or endorsements for subjects that they are teaching are
considered out-of-field until requirements are met. All teachers hold current
certification. The additional certification or endorsements are extra credentials. This is
a typical practice as teachers expand their professional development.
Below is the listing of an additional instructional staff member who is working toward
additional certification in the following subject areas:
EnQlish Speakers of Other lanQuaqes IESOl) Endorsement - This is an add-on to
a current certificate to be able to teach English language learners. The following
teacher is involved in a five course sequence, allowing six years for completion:
Mariela Aloupis
Should you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01681-10
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Ci
TO: City Commission
DATE: February 3,2010
SUBJECT: Resolution Declaring Equipment Surplus
March 2, 2010 Commission Meeting Agenda Item 5-D
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the Information Technology Department.
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
CC01677-10
RESOLUTION NO. 2010-_
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. 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 Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 2
PASSED AND ADOPTED this 2nd day of March, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
POUCE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: ~rg, Chief of Police
DATE: 2 February 2010
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:
The Patterson Pope Gun cabinets on the attached memo are requested to be
declared surplus.
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 17 February 2010
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:
JNIT VIN MODEL YEAR
~378 2FAFP71VV73X167517 C.V. 2003
~379 2FAFP71VV93X167518 c.v. 2003
~386 2FAFP71VV63X167525 C.V. 2003
~388 2FAFP71VVX3X167527 C.V. 2003
~390 1FMZU63KX3UB06492 EXP 2003
S431 2FAFP71VV14X124728 C.v. 2004
S437 2FAFP71VV54X124733 C.V. 2004
S439 2FAFP71VV14X124731 C.V. 2004
S522 2FAFP71VV95X132559 C.V. 2004
~753 2FAFP71VV97X136842 C.V 2007
!393 PT J225068303 Nautica 2003 22' boat
!O96 1 ZJBA252XYMOOO070 Continental 2000 Boat Trailer
OT554866 MercuryOpti 250Hp
max En ine
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
BY: Joanne Carr, AICP
Community Developme
TO: City Commission
FROM: Eric M. Soroka, ICM
City Manager
DATE: January 26,2010
SUBJECT: Request of CompUSA for Appeal of Administrative Determination relating
to the exterior wall sign at 17651 Biscayne Boulevard, City of Aventura
(01-APP-10)
March 2, 2010 City Commission Meeting Agenda Item ,
RECOMMENDATION
It is recommended that the City Commission confirm, by resolution, staffs interpretation
that the exterior wall sign, "CompUSA PCs, TVs and More!", proposed by the applicant
is a prohibited sign pursuant to Section 31-191 (c)(3) of the City Code which does not
allow signs that display products and services as opposed to the business name, and
that the appeal be denied.
THE REQUEST
The applicant is requesting that an exterior wall sign, "CompUSA PCs, TVs and More!"
be permitted because it does not "display" any products within the name and that the
name is the legal name of the entity. The request for appeal is attached as Exhibit #1.
BACKGROUND
Owner of Property
JLP Aventura LLC
Applicant
CompUSA Retail Inc. by I. Barry Blaxberg, attorney
Address of Property
17651 Biscayne Boulevard, City of Aventura
(See Exhibit #2 for Location Map)
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
B2, Community Business District
B2, Community Business District
City of North Miami Beach
CNS, Conservation District and
RMF3,Multifamily Medium Density Residential District
B2, Community Business District
Retail Plaza
Retail Plaza
Office Building (City of North Miami Beach)
Water and Residential
Retail Building
Future Land Use - According to the City of Aventura Comprehensive Plan, the following
properties are designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
HISTORY
Business and Office
Business and Office
Mixed Use (City of North Miami Beach)
Water and Medium-High Density Residential
Business and Office
Section 31-191(c)(3) of the City Code prohibits signs that display products and services
as opposed to the business name. Staff has historically interpreted this prohibition to
mean that the company name can be displayed but not specific products and services in
the signage. An example of a recent staff denial of a sign displaying products and
services is Ocean Prime at the Aventura Mall. This restaurant is permitted an exterior
wall sign because it is a mall tenant that has direct exterior access. It requested the
words "Fish, Steak, Cocktails" in its signage. This request was denied based on the
Code prohibition against signs displaying products and services. The permitted wall sign
reads the business name only - "Ocean Prime",
The registration of a dba (doing business as) name with the State or registration of a
trademark with products and services in that registration has also historically been
determined by staff not to supersede the provisions of the City Code.
In this case, CompUSA Retail Inc. has provided evidence of a fictitious name registration
of "CompUSA PCs TVs and More!. This fictitious name does include the specific
products of the business, namely, PCs and TVs. It applied for a sign permit with this dba
name and was denied. The applicant then revised its permit request to "CompUSA".
This sign was permitted by City Building Permit No. BL09-1960 issued in November,
2009.
2
The matter has been discussed through telephone conversations and emails between
staff, the President of the company, its attorney and the City Attorney since October of
2009.
The company's attorney argued that the sign does not "display" products and services
because a sign cannot have products and services physically on display. The City
Attorney responded that the definition meaning of "display" would include words on a sign
and did not extend to mean that the actual products and services would need to be
physically on exhibit on the sign in order to be prohibited. The company's attorney also
argued that staffs interpretation was overly broad because the name "CompUSA PCs
TVs and More!" was the legal name of the entity. As stated above, staff's historical
interpretation is that a trademark or fictitious name filing with the State does not
supersede the City Code and cannot be filed to circumvent the Code. Trademark and
fictitious name filings do not require City review prior to approval.
The applicant has argued that the City has allowed signs for Bed Bath & Beyond, which
displays products and services. Staffs response was that all business names confer the
nature of the business and that if Bed Bath & Beyond filed a fictitious name registration
with the state of "Bed Bath & Beyond - Kitchenware, Bedding & More!", that sign name
would not be approved because it now displays specific products and services. Likewise
with CompUSA, it is obvious from the name what they sell but adding "PCs TVs and
More" to the wall sign would result in displaying specific products and services as
prohibited by our sign code.
They were also concerned with a wall sign for an establishment on Biscayne Boulevard
directly across from their tenant space. It is a mattress store that had a permitted sign of
"Mattress Mall" permitted by City permit in 2007. The new owner of the store is
"Mattress Land". That new owner removed the word "Mall" from the sign so that it now
reads only "Mattress"; the product or service of the business. It was advised by the City
on October 15, 2009 to display the complete business name of "Mattress Land" but has
not done so to date. The City's Code Compliance Office has issued a Notice of Warning
and a Notice of Violation to that business requiring the owner to properly reinstate the
wall sign.
The President of the company advised that they had stores in Coral Gables and
Pembroke Pines and that those cities had allowed the requested sign of "CompUSA PCs
TVs and More!". The City Attorney's office researched the sign codes for both of those
cities and found that they did not contain the same prohibition against products and
services in sign names as found in the City of Aventura Code.
The President of the company then wrote the email attached as Exhibit #3 to the City
Manager expressing his displeasure with staffs interpretation and listed other business
signs that he feels list products and services in their names. One of the stores
mentioned in that email and also mentioned in the attorney's letter requesting the appeal
is "Five Guys Burgers & Fries". Staff advised by return email that many of the signs
3
signs referred to are signs internal to the regional mall, including the Five Guys Burgers &
Fries and that our City's sign code does not regulate content of interior regional mall wall
signs.
In order to accommodate this valued new business in our City, staff offered as an
alternative to their requested sign, a sign reading "CompUSA & More". This sign would
show their customers that they sell more than computers but would not display the
specific products in contravention of our sign code.
The President of the company also expressed concern in the attached email that there
was no means of telling customers that his business was open at this location. Staff
advised him that the City Code allows a grand opening banner for 14 days following
issuance of the Local Business Tax Receipt in size and content prescribed by the sign
code.
Staff Determination/Interpretation of City Code
The applicant requested an exterior wall sign on its tenant frontage that read "CompUSA
PCs TVs and More!". Staff has determined that this sign includes products and services,
namely, PCs and TVs. Signs displaying products and services as opposed to the
business name are prohibited by Section 31-191 (c}(3) of the City Code. In staff's
opinion, filing of a fictitious name or trademark that includes products and services
cannot operate to circumvent the City's Sign Code. The permit application tor a wall sign
"CompUSA PCs TVs and More!" was therefore denied by City staff. The applicant
amended the permit application to a wall sign reading "CompUSA". That permit
application was approved and issued. Staff's written determination to the applicant dated
December 1, 2009 is attached as Exhibit #4.
The Appeal Process
Section 31-83(a} of the City's Land Development Regulations (the LDRs) provides for
appeals from the decisions of decision-making and administrative bodies having
development approval authority under the LOR or from any written order, requirement,
decision, determination or interpretation made by an administrative official in the
enforcement of the LDRs. Any applicant wishing to appeal any such order, requirement,
decision, determination or interpretation shall file an application and notice of appeal with
the City Manager within 15 days of the date of such determination. The City Manager
schedules the application tor public hearing and submits the application along with staff's
report and recommendation to the City Commission. At the public hearing, the City
Commission shall review the application and report, consider evidence and testimony
presented at the hearing and issue a written decision and order either granting the relief
sought, with or without conditions, or denying the appeal.
Staff's written determination was issued by email dated December 1, 2009. The appeal
from the applicant's attorney was received on December 7, 2009, within 15 days from the
date of the staff determination.
4
Public Notice
Section 31-71(e) of the City's Land Development Regulations contains the provisions
for public hearing and notice procedures. This section requires that all public hearing
and notice requirements be provided in accordance with the provisions of Florida
Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and
in accordance with Florida Statutes Section 166.041 for adoption of ordinances and
resolutions and the City's quasi-judicial legislation. The Florida Statutes sections
regulate the size, number and timing of published notice.
The City Code section provides as follows:
· Notice of the time and place of the public hearing describing the nature of the
application and street address of the property is to be published in a newspaper
of general circulation in the City not less than ten (10) days prior to the public
hearing.
· A courtesy notice containing substantially the same information in the published
notice may be mailed to property owners of record located within a radius of 300
feet of the property described in the application or such greater distance as the
City Manager may prescribe; however, failure to mail or receive such courtesy
notice shall not affect action or proceedings taken under this section.
· The property is to be posted no later than ten (10) days prior to the hearing in a
manner conspicuous to the public by a sign or signs containing information
concerning the application including the applied for zoning action and time and
place of the hearing.
· All costs of advertising, mailing and posting is to be paid by the applicant.
For this application for appeal of administrative determination, the following public
notice was made:
· An advertisement was placed in the Daily Business Review newspaper on
January 21,2010.
· Courtesy notice was mailed to 361 property owners within a 300 foot radius of
the unit on January 22, 2010. The applicant submitted a notarized list of property
owners, a radius map showing all properties within 300 feet and mailing labels.
· A property posting sign was erected on the Biscayne Boulevard frontage of the
store on January 22,2010.
The newspaper advertisement, property posting sign and courtesy mailing notice
satisfies the procedures for public notice in Section 31-71(e) of the City Code. The
applicant has paid to the City a deposit of $1,000 to cover the cost of these publiC
notices.
5
LAW OFFICES
BLAXBERG, GRAYSON & KUKOFF
PROFESSIONAL ASSOCIATION
SUITE 730, INGRAHAM BUILDING
25 SOUTHEAST SECOND AVENUE
MIAMI, FLORIDA 33131-1506
TELEPHONE (305) 381-7979
FACSIMILE (305) 371-6816
I. BARRY BLAXBERG
WRITER'S DIRECT LINE:
305-381-7979 EXT. 309
E-MAIL: UARRY.R1.AXHERG(u.Bl.AXGR-\Y.COM
December 4, 2009
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Exhibit 1
01-APP-l0
Re: CompUSA PCs, TVs and More Signage
Our File No: 3000-11
Dear Mr. Soroka:
This law firm is General Counsel to CompUSA PCs, TVs and More.
This letter will serve as an appeal to the City Commission of the determination
made by staff to refuse issuance of a permit for signage for our client which would
display the company's name "CompUSA PCs, TVs and More". The appeal is requested
pursuant to Section 31-83 of the Aventura City Code. A check in the amount of
$1,000.00 payable to the City of Aventura for the Administrative Appeal fee is enclosed.
It is our client's contention that the. decision by staff was in error and that the
signage does not violate Aventura City Code Section 31-191(c) because the name does
not "display" any products within the name and in any event, the name is the legal name
of the entity which operates at the referenced location.
We also believe that the determination by staff represents uneven enforcement
of the law since even if the staff's interpretation of the application of Code Section 31-
191 (c) is correct, it is not applying the ordinance to every applicant in the same manner
and it is permitting signage descriptive of products of other businesses in the City such
as "Five Guys Burgers and Fries".
At your earliest convenience, would you please provide us with reasonable notice
concerning the hearing schedule regarding this subject.
IBB/martinez/2669
Cc: David M. Wolpin, Esq.
CompUSA PC's, TV's and More
,very 77'S' .
~i7~~
RECEIVED
DEe 07 2009
OFFICE OF n-tE
CITY MANAGER
BROWARD COUNTY
..-.-.---- .
NTY ..
DADE COU ;.
..
.
:.
,.
..
.
..
.
..
:.
:.
..
:.
.
:-
:.
:.
:.
..
:.
:.
..
:.
:.
..
.
..
:.
.
:.
..
. :.
..
:.
:.
..
.
:.
..
.
'."; :-
:.
:.
:.
:.
:-
;:.
..,.
'. ':.
" :-
. i.
~:t/:::1:
:.
..
:-
'.
:.
.
...
:.
/-
IVES DAIRY RD.
";..("
>-=
,~
I
W
X
B
;:
MIAMI
GARDENS OR.
...-/
Aventura Mall
192 ST.
191 ST.
Loehmann's .
Fashion w
Island ~
OJ
N
188 ST.
33180
~---~.~ . - _._._._.-.~.-..
....;~:......._._._._. 33 60:
.
.'
.
..
.
.
Dumfoundling
Bay
LEGEND
......
Exhibit 2
01-APP-I0
c:i
>
-J
ro
2:
<(
W
o
o
192 ST.
~.
-J
ro
2:
~
o
o
A1
Atlantii;
Dcean
"~i.
City Boundary
ZIP Code Boundary
Railroad
From: Terry.Perrin@CompUSA.com [mailto:Terry.perrin@CompUSA.com]
Sent: Tue 11/24/2009 7:12 AM
To: Eric M. Soroka; Susan Gottlieb
Cc: zauerbach; bdiamond; tholzberg; bjoel; mstern; Iweinberg
Subject: City Of Aventura
City of Aventura,
I am writing to convey my displeasure with the City of Aventura. I am the President of CompUSA which is a
subsidiary of Systemax (SYX) which also owns Tigerdirect and Circuit City among other brands. During these
tough economic times we have been on an aggressive expansion track while opening stores in Florida as well as
many other parts of the country, I must say that the store I just opened in Aventura was by far the most painful
as any I have done in my career. It seems that the city has no compassion for any businesses small or large with
the red tape and ludicrous rules that are in place.
First came the business license process. We have a registered name of "CompUSA PC's TV's and more" We put
our license under this name and it was deemed unacceptable. Then came the sign permit. It seems that the city
does not allow the use of signs where the business advertises the products it sells in the name. Really?
There is a Mortons Steak right next to me. They sell steaks. There is a Red Lobster. I bet there are lobsters on the
menu. Do you think mattress giant sells mattresses?
In Aventura mall there is a Yankee candle. I bet there are candles for sale!
Do you think Cheesecake Factory sells Cheesecake?
LUCKY BRAND DUNGAREES Do they sell dungarees?
TRUE RELIGION BRAND JEANS Do they sell jeans?
FIVE GUYS BURGERS and FRIES Think they sell Burgers and Fries?
CHARLEY'S GRILLED'SUBS Can we get a sub?
SHRIMP MARKET I bet they have Shrimp!
CHICKEN KITCHEN Chicken anyone?
MRS. FIELD'S ORIGINAL COOKIES Chocolate chip?
LUGGAGE & MORE Need Luggage?
CIGAR BOX You Smoke?
AVENTURA'S FINEST CAR WASH Think they wash cars>?
TODD'S TICKETS Think they sell any tickets?
We have opinions from our attorneys that we will ultimately succeed in court and now we will both spend
precious dollars litigating this issue. Is this what you are trying to accomplish?
Then we are told there is basically no means of telling the Aventura residents that we are open for business. We
use sign walkers all over Dade County, Broward County and the country. They are the most productive way with
tremendous results. You don't allow it. We have half of our sign because you don't allow the rest of our sign.
You don't allow banners in the front to announce "We are open". Tell me, how do you propose we advertise
that we are open for business. In the first week open we did 1/3 of the business we have done in other locations
even with less traffic than we have on Biscayne Blvd.
No one knows the economic climate better then you all as city leaders. You all know the budget challenges you
have along with every business in this country. Here you have a company that is growing their business in these
rough times and yo~ as a city are hindering our efforts instead of supporting the growth.
We had another location scheduled for Aventura. We have eliminated that. We have an out in our lease after 6
months if we do not reach revenue goals. At this point I don't even want to be in the city. After personally
visiting with other businesses in the area it seems that you have a lot of disgruntled business owners. I would
suggest that you go out and visit the people that make up your business community and get the feedback that
will enable you all to make changes which will invite business to come to Aventura instead of deterring them as
you have done to us.
Terry Perrin
President
CompUSA
305-415-2407
Exhibit 3
01-APP-l0
From: Joanne Carr [mailto:CarrJ@cn., ..l'aventura.com]
Sent: Tuesday, December 01, 2009 2:24 PM
To: Terry Perrin
Cc: Eric M. Soroka; David M. Wolpin
Subject: Aventura CompUSA store
Good afternoon Mr. Perrin
Further to our telephone conversation this morning, this is to advise that the City considers a
sign reading .CompUSA PCs, TVs and More" is a sign that displays products and services in
contravention of City Code Section 31-191(c). We have offered as an alternative a sign
reading "CompUSA & More" which will show your customers that you sell more than
computers but will not display the specific products.
You have requested that I advise you as to the method of appeal of staff's administrative
interpretation of the Code as it relates to your requested sign. You may appeal by way of
letter to the City Manager. The appeal will then be scheduled for the next available City
Commission meeting. The fee for an administrative appeal is $1,000. The appeal procedure
is regulated by Section 31-83 ofthe City Code.
I would also like to point out for your consideration that many of the signs that you refer to in
your email of 11/24/09 are signs internal to the regional mall. Section 31-191 (g)(8) of the City
Code provides that those internal mall signs are not required to comply with the sign
regulations but must obtain a building permit for installation.
Joanne Carr, AICP
Community Development Director
City of A ventura
19200 West Country Club Drive
Aventura, FL 33180
(305) 466-8940
12/2/2009
Exhibit 4
01-APP-l0
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPEAL PURSUANT TO SECTION 31-
83 OF THE CITY CODE FROM A WRITTEN ORDER,
REQUIREMENT, DECISION, DETERMINATION OR
INTERPRETATION MADE BY AN ADMINISTRATIVE
OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND
DEVELOPMENT REGULATIONS RELATING TO THE
WALL SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, I. Barry Blaxberg, counsel to CompUSA Retail Inc.,
through Application No. 01-APP-10, has made application under Section 31-83(a) of the
City Code to appeal the decision, determination or interpretation of the City's Community
Development Director dated December 1, 2009 that the applicant's permit application for
a wall sign reading "CompUSA PCs, TVs and More!" is a sign prohibited by Section 31-
191 (c) of the City Code because it displays products and services in contravention of the
Code; and
WHEREAS, the City Commission has held the required public hearing, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the application for appeal and
has considered the testimony of all interested parties at the public hearing, and has
determined to grantldeni the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the application for appeal of the written decision, determination
or interpretation made by the City's Community Development Director dated December 1,
2009 is hereby granted/denied.
Section 2. Effective Date. That this Resolution shall be effective immediately
upon adoption.
The foregoing Resolution was offered by , who moved its adoption. The
motion was seconded by , and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
1 Language in bold italics indicates a decision to be made by the City Commission at public hearing.
Resolution No. 2010-
Page 2
PASSED AND ADOPTED this 2nd day of March, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3rd day of March, 2010.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
City Commission
Eric M. Soroka, ICC.M
City ManagerCA .
Joanne Carr, AIC~ .
Community Development Directo
TO:
FROM:
DATE:
February 23,2010
SUBJECT:
Revision to City Code repealing Division 2 of Article III of Chapter 34,
Temporary Political Signs and amending Article IX of Chapter 31, Sign
Code, to enhance compliance with recent case law (02-LDR-09)
March 2, 2010
March 2, 2010
April 6, 2010
Local Planning Agency Item ~
City Commission Meeting Agenda Item ..1..-
City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve:
1. The deletion of Division 2, Temporary Political Signs, of Article III, Sign Code, of
Chapter 34, Planning and Zoning, of the City Code and addition of the provisions of this
division, with amendments and sign specification table, in Article IX, Sign Regulations,
of Chapter 31, Land Development Regulations of the City Code; and
2. The addition of applicability, substitution and severability clauses to Article IX, Sign
Regulations, of Chapter 31, Land Development Regulations of the City Code; and
3. The addition of definition for business identification or business identification signs
and definition of political sign to Article IX, Sign Regulations, of Chapter 31, Land
Development Regulations of the City Code; and
4. The deletion of prohibited sign and addition of new prohibited sign in Article IX, Sign
Regulations, of Chapter 31, Land Development Regulations of the City Code; and
5. The addition of political signs as a sign that does not require a City issued building
permit to Article IX, Sign Regulations, of Chapter 31, Land Development Regulations of
the City Code; and
6. The deletion of all references to "City Manager" and addition of "Sign Permit
Required" in sign specification tables in Article IX, Sign Regulations, of Chapter 31,
Land Development Regulations of the City Code; and
7. The addition of a description of purpose to parking structure wall signs.
THE REQUEST
City staff is requesting the revisions to Chapter 31 and Chapter 34 of the City Code to
enhance compliance of our City's Sign Regulations with recent case law as
recommended by the City Attorney's Office.
THE AMENDMENT
The major amendment deals with temporary political signs. At present, these signs are
regulated by Sections 34-61 to 34-65 inclusive of the City Code. Staff proposes to
delete these sections and incorporate them into Section 31-191 with the rest of our
temporary sign code regulations. The City Attorney advises that recent case law
requires our Code treat temporary political signs the same as all other temporary signs
such as construction signs, garage sale signs and open house signs. The restrictions
and requirements for temporary political signs currently in Chapter 34 of the Code are
proposed to be transposed to Chapter 31, with revision to the size, number and related
restrictions. The restrictions for placement on public right of way or public property and
the requirements for bond and exemption from bond, time of posting and removal,
setback from street and responsibility for hazards and removal that currently apply to
temporary political signs are now proposed to apply to all temporary signs, as
applicable.
Other amendments to Section 31-191 are proposed on recommendation by the City
Attorney's Office, including addition of special applicability, substitution and severability
clauses to our sign code, amendment and addition of definitions, and the deletion of all
references to staff discretion in the permit issuance process.
Staff is also requesting the addition of a definition of "business identification or business
identification sign" to clarify the regulation to be applied to non-residential monument
signs, wall signs, canopy signs and awning signs.
ANAL YSIS
Standards for reviewing proposed amendments to the text of the LDR pursuant to
Section 31-77(g) of the City Code:
1. The proposed amendments are legally required.
The proposed amendments are legally required to provide enhanced compliance of
the City Code with recent case law on sign regulations.
2. The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan. The goals and objectives of the Comprehensive Plan guide
development and redevelopment of the City.
3. The proposed amendments are consistent with the authority and purpose of the
LORs.
The proposed amendments are consistent with the authority and purpose of the
Land Development Regulations. The purpose of the LDRs is to foster and preserve
public health, safety, comfort and welfare and to aid in the harmonious, orderly, and
progressive development and redevelopment of the City.
4. The proposed amendments further the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendments improve the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it provides for sign regulations which are enhanced to
comply with recent case law.
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
REPEALING DIVISION 2 "TEMPORARY POLITICAL
SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34
"PLANNING AND ZONING" OF THE CITY CODE AND
AMENDING ARTICLE IX OF CHAPTER 31 "SIGN
REGULATIONS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS, CHAPTER 31 OF THE CITY CODE TO
CLARIFY AND AMEND EXISTING REGULATIONS OF
SIGNS WITHIN THE CITY SO AS TO ENHANCE
COMPLIANCE WITH RECENT CASE LAW AND TO
REPEAL EXISTING REGULATIONS OF TEMPORARY
POLITICAL SIGNS AND PROVIDE FOR THEIR
REGULATION ELSEWHERE IN THE LAND DEVELOPMENT
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR PENALTY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to amend existing regulations of signs within the City so as to
enhance compliance with recent case law; and to repeal existing regulations of
temporary political signs and to provide for their regulation elsewhere in the Land
Development Regulations; and
WHEREAS, the City is required to adopt sign regulations as part of its Land
Development Regulations pursuant to the Growth Management Act, Part II of Chapter
163, Florida Statutes; and
WHEREAS, the City's legislative intent in adopting these sign regulations is not
to censor speech, but rather to provide for the public welfare by regulating the size,
type, location and appearance of signage in the City in a manner that enhances the
aesthetics of the community, reduces visual pollution, provides clear information
regarding the location and identity of businesses, residences, and other uses in the
community, and minimizes distractions to drivers in the interests of traffic safety; 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
amendments 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
Ordinance No. 2010 -
Page 2
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan and in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing "Whereas" clauses are ratified and
confirmed as being true, correct and reflective of the legislative intent underlying this
Ordinance and are hereby made a specific part of this Ordinance.
Section 2. Amendment. Division 2. "Temporary Political Signs" of Article III,
"Sign Code" of Chapter 34 "Planning and Zoning" of the City Code, is hereby
repealed in its entirety as follows 1:
"ARTICLE III. SIGN CODE
DIVISION 2. TEMPORARY POLITICAL SIGNS*
Sec. 34 61. Purpose of article.
This article shall govern the installation, maintenance and display of temporary political signs in
the City.
Sec. 34 62. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Tempor:3ry pofitica! sign means any sign v:hich advocates or suggests to the reader that he
vote for or against, endorse or not endorse, contribute or not contribute to, or otherwise support
or refrain from supporting in any '.Nay ::my proposition to be voted upon by the public or any
individual seeking election or appointment to a particular position or office. The term shall also
include any sign which declares or affirms support or endorsement for any proposition to be
voted on by the public or any individual seeking election or appointment to :3 particubr position
or office.
Sec. 34 63. Location and installation; size nnd number; time period; bond requirements.
(a) Plaoement on right ot ~'/ay or other public property. No temporary politicnl sign shall be
placed on public rights of way or on property owned or used by the City.
(b) Placement on V:3C3nt Jot; p!3comont on ut~~;ty palos, tr:3ffic signs, etc. No temporary
political sign shall be placed upon any unimproved lot \',ithout the 'J.'ritten consent of the
property owner filed '''/lith the City Clerk prior to posting of the sign, or upon :my public utility pole
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2010 -
Page 3
~
-
~
Ordinance No. 2010 -
Page 4
(n) Copy of artide to be furnished to candidates. The City Manager or his designee shall
furnish a copy of this article to all qualifying candidates, who shall sign and date an
acknowledgment of receiving the document.
Sec. 31 61. Removal of improper signs.
(a) Gonor:1f.1y. ,4,ny temporary political sign not posted in accordance with the provisions of this
article, and any such sign '....hich exists in violation of this article, shall be deemed to be public
nuisance and shall be subject to removal by the candidate, the property owner or the City. If the
City removes the sign as a last resort, the City Manager or his designee shall deduct the cost
and expense of removal from the posted cash bond.
(b) Emergenoy....emov:Jl. Notwithstanding subsection (a) of this section, the City Manager may
cause the immediate removal of any sign that constitutes a nuisance or poses an immediate
danger to the health, safety or welfare of the community. City personnel may enter onto
premises, with or without the property owner's consent, for emergency removal.
Sec. 31 65. Enforcement; penalty.
,^,ny person who violates any provisions of this ::Jrticle shall, upon conviction, be punished by a
fine not to exceed $500.00, or imprisonment in the County jail not to exceed 60 days, or both
such fine and imprisonment. Each day that a violation continues shall be deemed a separate
violation. This article shall be subject to enforcement under the Local Government Code
Enforcement ,A,ct, F.S. ch. 162. Enforcement may also be by suit for declaratory, injunctive or
other appropriate relief in a court of competent jurisdiction.
Section 3. Amendment. Article IX. "Sign Regulations" of Chapter 31,
Land Development Regulations is hereby amended to read as follows2:
ARTICLE IX. SIGN REGULATIONS
Sec. 31-191. Sign regulations generally.
(a) Intent and purpose. The purpose of this section is to promote and protect the public
health, safety and general welfare by regulating existing and proposed signs and other street
graphics within the City. In particular, this section is intended to preserve the unique aesthetic
character of the City and ensure that signs are compatible with their surroundings. It is further
intended to protect property values, create a better business climate, enhance the physical
appearance of the community, preserve the natural beauty of the City and improve vehicular
and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that
the nature of signs is to provide an index to needed goods and services. It is the intention of
this section to control those signs and to authorize the use of signs that are:
(1) Compatible with their surroundings.
(2) Expressive of the identity of individual proprietors or of the community as a whole.
(3) Legible under the circumstances in which they are seen.
2 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2010-
Page 5
(4) Effective in indexing the environment.
(5) Conducive to promoting traffic safety by preventing visual distraction.
(b) Applicabilitv. No sian shall be erected or maintained in the City, except in accordance with
the provisions of this article.
(c) Substitution. It is not the purpose of this article to reaulate or control the copy. content or
viewpoint of sians. Nor is it the intent of this article to afford areater protection to commercial
speech than to noncommercial speech. Any sian, display or device allowed under this article
may contain, in lieu of any other copy. any otherwise lawful noncommercial messaae that
complies with all other requirements of this article. The noncommercial messaae may OCCUpy
the entire sian area or any portion thereof. and may substitute for or be combined with the
commercial messaae. The sian messaae may be chanaed from commercial to noncommercial.
or from one noncommercial messaae to another, as frequently as desired by the sian's owner,
provided that the sian is not prohibited and the sian continues to comply with all requirements of
this article.
(d) Severabilitv.
(1) General/v. If any part. section, subsection. paraaraph, subparaaraph, sentence,
phrase, clause, term. or word of this article is declared unconstitutional by the final and valid
iudament or decree of any court of competent iurisdiction, this declaration of unconstitutionality
or invalidity shall not affect any other part, section, subsection, paraaraph, subparaaraph.
sentence, phrase. clause, term, or word of this article.
(2) Severabilitv where less speech results. This subsection shall not be interpreted to
limit the effect of subsection (1) above, or any other applicable severability provisions in the
Code or any adoptina ordinance. The city commission specifically intends that severability shall
be applied to these sian reaulations even if the result would be to allow less speech in the city,
whether by subiectina currently exempt sians to permittina or by some other means.
(3) Severabilitv of orovisions oertainina to JJrohibited sians. This subsection shall not be
interpreted to limit the effect of subsection (1) above, or any other applicable severability
provisions in the Code or any adoptina ordinance. The city commission specifically intends that
severability shall be applied to Section 31-191(f) "Prohibited sians." so that each of the
prohibited sian types listed in that section shall continue to be prohibited irrespective of whether
another sian prohibition is declared unconstitutional or invalid.
(4) Severabilitv of prohibition on off-premises sians and commercial advertisina sians.
This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other
applicable severability provisions in the Code or any adoptina ordinance. If any or all of Article
IX. "Sian Reaulations" or any other provision of the City's Code is declared unconstitutional or
invalid by the final and valid iudament of any court of competent iurisdiction, the city
commission specifically intends that that declaration shall not affect the prohibition on billboards
in Section 31-191(f)(12) or the prohibition on commercial advertisina sians in Section 31-193(c).
Ordinance No. 2010 -
Page 6
{b1 ~ Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Animated sign: A sign that uses motion of any part by any means, or that displays
flashing, oscillating, sequential or intermittent lights other than time and temperature signs,
stock market price quotations and changeable copy signs. Includes diQital video displays.
Business Identification or business identification siqn. Identification of the specific
business, institutional or other use located in the buildinQ or proiect to which it relates. The
purpose of a business identification siQn is to Quickly, leQibly and clearly identify the unique,
specific business located on the site, so that members of the travelinQ public can safely and
accurately find their intended destinations. As such, business identification siQns are not
advertisinQ, and shall not list more than two products or services, or cateaories of products or
services, beinQ provided on site. For example, a restaurant may be identified as "John's
Restaurant" or even "John's Seafood Restaurant" or "the Crab Shack" or "Sam's Soup and
Salad "but shall not be identified as "John's Entrees, Salads, Soups, Alcoholic BeveraQes, Side
Dishes and Dessert." They shall identify the specific business ("Dr. Smith Pediatrics" or "Sam's
Diner") and not solely the Qeneric nature of the use ("Doctor" or "Diner").
Political siqn: a siQn identifyina or urQinQ support for or in opposition to a particular
issue, political party, or candidate for political office.
~ ill Prohibited signs. The following are prohibited:
(3) All signs v:hich display servicos or products as opposed to the business name. Any siQn
not permitted by this section.
fGt!9l Required signs. The following signs shall be placed where relevant by a property owner
and do not require a permit:
~ fh1 Other signs/no permit required. The following signs may be placed without the filing of
an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise
exempted, be subject to all other regulations set forth in this section. The foregoing exemption
from filing shall not be construed to waive the other provisions of this section or the structural
requirements outlined by this section and/or the ~ Florida Building Code, as may be
amended from time to time.
(11) Political siQns.
(ft ill Residential permanent signs. The following signs are authorized in all Residential Zoning
Districts and Residential-Office Zoning Districts:
Ordinance No. 2010-
Page 7
(1) Development identification sign. Permitted only for (i) multifamily buildings with more than
five units; (ii) single-family developments with more than five units; (iii) religious institutions,
schools and public uses. Where multifamily dwellings are part of a larger development, there
shall be only one development identification sign on each public street frontage of the
development.
Approvals City Manager SiQn Permit Required
necessary:
Number One monument sign (or sign mounted on perimeter wall) per street
(maximum): frontage indicating the name and address of the complex, except two
are permitted where attached to wall of symmetrical entrance feature.
Sign copy area 32 square feet (aggregate if two signs).
(maximum):
Sign height Eight feet.
(maximum):
Setback Six feet from right-of-way, 15 feet from side property line.
(minimum):
Illumination: Externally illuminated signs only.
Changeable copy Schools, religious and public institutions only may be permitted one
changeable copy sign in lieu of the permitted monument sign. Said sign
sign: shall not exceed 32 square feet in sign area.
(2) Directional.
Approvals City Manager Sian Permit Required
necessary:
Number: To be approved as part of site plan. If not approved as part of site
plan, separate permits required.
Sign area Four square feet each.
(maximum):
Sign height Three feet.
(maximum):
Other restrictions: No advertising copy. Logos may cover no more than 25 percent of
the sign area.
ffi1 ill Nonres;dential d;stdct s;gns. The owner(s), or their authorized representative, may at
their option, choose to use the following standards or alternatively, apply for approval as a
multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center
complies with the definition provided in this section). The following signs are authorized in all
nonresidential districts in the City:
Ordinance No. 2010 -
Page 8
(1) Detached, freestanding or monument signs for business identification where otherwise
permitted, shall not be closer than 200 feet to any other previously permitted detached,
freestanding or monument sign.
Approvals necessary: City Man3ger SiQn Permit Required
One per parcel; parcel must have frontage of at least
100 feet on a public street, except for gasoline station
parcels where a 48 square foot sign shall be permitted
notwithstanding the street frontage or distance
Number (maximum): separation of the parcel occupied by the gasoline
station.
(Subdivision of an existing building or planned building
group shall not entitle the new parcels to additional
monument signs).
Sign area (maximum): 48 square feet.
Sign height (maximum): Eight feet.
Setback (minimum)
From right-of-way line: Six feet.
From side property line: 20 feet.
Illumination: Externally illuminated signs or internally illuminated
letters or logos only.
Supplemental provisions:
Option on number of signs if
parcel has 300 or more feet of Two signs, aggregate area not to exceed 72 square
parcel frontage and two two-way feet
access points on different public
streets.
Logos may cover no more than
25 percent of the sign area.
Time and temperature sign
authorized within total permitted
sign area.
Landscaping and visibility sight See applicable provisions contained in this section.
triangle on corner lot.
Ordinance No. 2010 -
Page 9
Changeable copy sign:
Schools, religious and public institutions only may be
permitted one changeable copy sign in lieu of the
permitted monument sign. Said sign shall not exceed 48
square feet in sign area.
(2) a. Wall sign for business identification. (Permitted only on buildings where the majority of
the floor area is in retail use. In the case of a multi-tenant center, wall signs are permitted on
walls that face an access drive or internal courtyard.)
Approvals City Manager Siqn Permit Required
necessary:
Type: Reverse or channel letter sign only.
One per ground or second floor establishment which has its own
frontage and entrance facing a public street. (If the parcel frontage
Number requirement for a monument sign precludes an office building from
(maximum): having a monument sign, one building identification wall sign that
otherwise meet the wall sign standards is authorized). Corner or through
store locations may have an additional wall sign. Such second sign shall
be limited to 50 percent of the square footage of the primary sign.
One square foot for each one lineal foot of tenant frontage for each sign
Sign area located within 300 feet of a street on which the building fronts.
(maximum): 1.5 square feet for each one lineal foot of tenant frontage for each sign
located more than 300 feet of a street on which the building fronts.
Illumination: See definition of reverse or channel letter sign.
Supplemental See gas station provisions contained in this section.
provisions:
b. Wall sign for business identification. (Permitted only on office and hotel buildings with signs
located one to five stories high.)
Approvals City Manager Siqn Permit Required
necessary:
Type: Reverse or channel letter sign only.
Number One wall sign per building.
(maximum):
Corner or through store locations may have an additional wall sign. Such
second sign shall be limited to 50 percent of the square footage of the
primary sign. Such second sign shall not be placed on the same building
elevation as the primary sign.
Ordinance No. 2010-
Page 10
Sign area One square foot for each one lineal foot of building frontage.
(maximum):
No wall sign shall be installed on a building elevation that faces an
Location: adjacent residentially zoned property located within 300 feet of the
elevation.
Illumination: See definition of reverse or channel letter sign.
c. Wall sign for business identification. (Permitted only on office and hotel buildings with signs
located six to ten stories high.)
Approvals City Manager Sian Permit Reauired
necessary:
Type: Reverse or channel letter sign only.
Number Two wall signs per building, with one wall sign only per building
(maximum): elevation.
Sign area One and one-half square foot for each one lineal foot of building
(maximum): frontage.
No wall sign shall be installed on a building elevation that faces an
Location: adjacent residentially zoned property located within 300 feet of the
elevation.
Illumination: See definition of reverse or channel letter sign.
d. Wall sign for business identification. (Permitted only on office and hotel buildings with signs
located 11 to 15 stories high.)
Approvals City Manager Sian Permit Reauired
necessary:
Type: Reverse or channel letter sign only.
Number Two wall signs per building, with one wall sign only per building
(maximum): elevation.
Sign area One and three-quarters square feet for each one lineal foot of building
(maximum): frontage.
No wall sign shall be installed on a building elevation that faces an
Location: adjacent residentially zoned property located within 300 feet of the
elevation.
Illumination: See definition of reverse or channel letter sign.
Ordinance No. 2010 -
Page 11
e. Wall sign for business identification. (Permitted only on office and hotel buildings with signs
located 16 to 20 stories high.)
Approvals City Manager Siqn Permit Required
necessary:
Type: Reverse or channel letter sign only.
Number Two wall signs per building, with one wall sign only per building
(maximum): elevation.
Sign area Two (2) square feet for each one (1) lineal foot of building frontage.
(maximum):
No wall sign shall be installed on a building elevation that faces an
Location: adjacent residentially zoned property located within 300 feet of the
elevation.
Illumination: See definition of reverse or channel letter sign.
(3) Canopy sign for business identification.
Approvals necessary City M:mager Siqn Permit Required
Number (maximum): One per establishment.
Sign area (maximum): Four square feet.
Minimum clearance above ground: Eight feet.
Must be rigidly attached.
(4) Awning sign for business identification.
Approvals necessary: City Manager Siqn Permit Required
Number (maximum): One per establishment.
Lettering: One line; letters not to exceed nine inches in height.
Logo: Maximum of six square feet.
(5) Directory sign.
Approvals
necessary:
City Manager Siqn Permit Required
Ordinance No. 2010-
Page 12
Number One per multi-tenant center, in addition to other permitted signs.
(maximum):
Sign area 32 square feet. Complex name and lor address shall not exceed 50
(maximum): percent of base height.
Location: On building wall (or freestanding within internal courtyard).
Illumination: Externally or internally illuminated signs.
(6) Window sign (permanent).
Approvals necessary: City M~:mager Sian Permit Required
Number (maximum): One per establishment.
Sign area (maximum): Four square feet.
Illumination: Prohibited.
(7) Directional sign.
Approvals City M~m3ger Sian Permit Required
necessary:
Number: To be approved as part of site plan; if not approved as part of site
plan, permit required.
Sign area Four square feet.
(maximum):
Height (maximum): Three feet.
Other restrictions: No advertising copy. Logos may cover no more than 25 percent of
the sign area.
(8) Regional mall signs. The following signs are authorized in all regional malls located within
the City consisting of an enclosed mall with a minimum of three major tenants (minimum
100,000 square feet), located on not less than 70 acres and consisting of not less than a total
of 1,000,000 square feet of building area.
a. Detached, freestanding or monument signs for business identification may be located at
each entry drive onto the regional mall property from any abutting public right-of-way.
Approval
necessary:
City Man3ger. Sian Permit Required
Ordinance No. 2010 -
Page 13
Number One per access drive.
(maximum):
One per each establishment which is located adjacent to the public
right-of-way or internal roadway.
Sign area
(maximum):
195 square feet maximum; the square footage shall be calculated
Mall property entry based only on the side/area having copy and not include any side
signs: without copy on architectural features or shaped sign such as cubes,
squares or other geometric shapes.
Freestanding See non-residential sign requirements.
establishment:
Sign height
(maximum):
Mall property 15 feet.
entry:
Freestanding See non-residential sign requirements.
establishment:
Setback
(maximum):
Mall property Six feet.
sign:
Freestanding Six feet.
establishment:
Illumination: External or internal illumination of letters and logos only.
b. Wall signs for business identification are only permitted on the three exterior walls of the
major tenants of not less than 100,000 square feet that face the exterior regional mall property.
Other tenants that provide direct pedestrian access from the mall property such as major
restaurants or theaters may also have wall signs.
Approval necessary: City M::mager. SiQn Permit Reauired
One for each exterior wall for a tenant of at least 100,000
Number (maximum): square feet, facing the exterior mall premises. Such sign may
only be located on the exterior wall of the specific tenant space
identified.
Ordinance No. 2010 -
Page 14
One per tenant for other tenants that provide direct access from
the mall exterior.
Sign area (maximum):
Major tenants (minimum 500 square feet; lettering not over 12 inches located on a wall,
overhang or canopy which designates specific uses of a
100,000 square feet of 100,000 square feet tenant shall not constitute a sign for
floor area): purposes of this section.
Exterior access tenants: 75 square feet.
Illumination: Reverse or channel letters or external illumination.
c. Canopy sign for business identification.
Approvals necessary: City Manager. Sian Permit Required
Number (maximum): One per establishment.
Sign area (maximum): Four square feet.
Minimum clearance above ground: Eight feet.
Must be rigidly attached.
d. Awning sign for business identification.
Approvals necessary: City Manager. Sian Permit Required
Number (maximum): One per establishment.
Lettering: One line; letters not to exceed nine inches in height.
Logo: Maximum of six square feet.
e. Window Sign.
Approvals necessary: City Manager. Sian Permit Required
Number (maximum): One per establishment.
Sign area (maximum): Four square feet.
Illumination: Internal or external illumination.
f. Directional signs.
Ordinance No. 2010 -
Page 15
Approvals City M3n3ger. SiQn Permit Required
necessary:
Approval as part of a site plan; if not approved as part of a site plan,
Number: permit required. Such signs may be located as part of the internal road
system as needed to insure traffic flow and circulation.
Sign area: 75 square feet.
Height: Nine feet.
Other Only 100, OOO-square feet tenant identification, name and/or logos
restrictions: allowed.
Logos may cover no more than 25 percent of the sign area.
(9) Hospital.
a. Detached, free-standing or monument signs for business identification.
Approval necessary: City M3n:::lger. SiQn Permit Required
Number (maximum): By approval.
Sign area (maximum): Area shall not exceed 65 square feet.
Sign height
(maximum):
Primary sign: 15 feet.
Secondary sign: 13 feet.
Setback (minimum):
Right-of-way: Six feet.
Side property line: 20 feet.
Shall not be closer than 50 feet to another detached, monument
sign.
Illumination: External, or internal illumination of letters and logos only.
b. Wall signs for business identification.
Approval necessary: City M3n3ger. SiQn Permit Required
Number (maximum): One per elevation.
Sign area (maximum): One square feet for each one lineal feet of elevation frontage.
Ordinance No. 2010 -
Page 16
Illumination:
Reverse or channel letters or external illumination.
(10) Parking structure wall signs.
Approval City M::lnager. Siqn Permit Required
necessary:
Type: Reverse or channel letter sign only.
Number (maximum): One per entrance and exit drive.
Location: Sign to be located immediately above or adjacent to entrance or exit
drive, indicatinq where drivers must enter and exit the qaraqe.
Sign area
(maximum):
Where the face of
the structure
elevation is setback Eight square feet.
from the
right-of-way less
than 100 feet:
Where the face of
the structure
elevation is setback 12 square feet.
from the
right-of-way more
than 100 feet:
Reverse or channel letters or external illumination, provided external
Illumination: illumination does not cast a glare on an adjacent residentially zoned
property.
fAt f.!s.l Temporary signs. The follo'Ning tempor3ry signs 3re 3uthorized in the City:
Temporary siqns shall comply with the followinq restrictions, conditions, and limitations:
(1) No placement on riaht-or-way or other public property. No temporary siqn shall be placed
on any public riqht-of-way or on property owned or used by the City.
(2) Placement or temporary slqns; no placement on vacant lot, utility poles, official siqns, etc.
No temporary siqn shall be placed upon any vacant parcel without the written consent of the
property owner filed with the City Clerk prior to postinq of the siqn. No temporary siqn shall be
placed upon any public utility pole or equipment. tree, traffic control device or structure, bridqe,
Ordinance No. 2010-
Page 17
Quardrail. or official siQn, or held or displayed in a manner which creates an obstruction of a
public riQht-of-way or sidewalk or creates a traffic hazard.
(3) Bond. Prior to the installation and/or construction of a temporary siQn in accordance with
this subsection (k), the applicant shall post or cause to be posted with the City Clerk a
refundable cash bond in the minimum amount of five hundred dollars ($500.00).
(4) Exemption from bond requirement. Any applicant placinQ less than four (4) temporary
siQns not exceedinQ a size of ten (10) square feet per siQn shall be exempt from the
requirement of a cash bond. Any candidate for elected office who has satisfied his or her
Qualifyinq fee requirement pursuant to the alternate means authorized by F.S. ~ 99.095 or ~
99.0955. (the petition method of QualifyinQ) shall be exempt from the requirement of postinq the
cash bond.
(5) Permitted districts; time of /Jostinq and removal. Temporary siems shall be permitted in all
zoninq districts, as provided in this section. Unless otherwise specified below, no temporary
siQn shall be posted more than ninety (90) days prior to the time of the event to which it relates.
or permitted to remain 10nQer than seven (7) days after the event to which it relates. If a person
placinq a temporary siQn fails to remove all temporary siQns within the stated timeframe, he or
she shall forfeit the refundable cash bond and the City shall remove the siQn. The siQn removal
requirements of this subparaQraph do not apply to bumper stickers on vehicles or campaiQn
buttons on people.
(6) Location near easement or street. No temporary siQn shall be placed within five (5) feet of
any easement of the property upon which the siQn is located. No temporary siQn shall be
located within ten (10) feet of the edqe of the riQht-of-way. Temporary siQns shall be located
solely on the property side of the sidewalk if there is a sidewalk unless held by an individual
occupyinq the sidewalk or riQht of way.
(7) Traffic Hazards. No temporary siQn shall be located on property in such a manner as to
interfere with or present a hazard to the flow of traffic alonQ the streets adiacent to the property
upon which the temporary siQn is located.
(8) Responsibilitv for hazards; responsibilitv for removal of siqns. All prooerty owners shall be
responsible for any hazard to the Qeneral public which is caused by, or created by reason of,
the installation and/or maintenance of the temporary siQns on his. her or its property. The
property owner shall also be responsible for the timely removal of such siQns in accordance with
the requirements of subsection (5) of this section. In the event of an announcement by the
National Weather Service that the city is under a hurricane watch. the person placinQ a siQn
shall remove the siQn within twenty-four (24) hours of the announcement of the hurricane
watch. Failure to remove the siQn within twenty-four (24) hours of the announcement shall
cause the City to remove the siqn in accordance with the provisions of subsection (5) of this
section.
(9) Enforcement. Any temporary siqn not posted or removed in accordance with the
provisions of this subsection, and any such siQn which exists in violation of this section, shall be
Ordinance No. 2010 -
Page 18
deemed to be a public nuisance and shall be subiect to removal and confiscation by the City. If
the City removes the siqn. the City Manaqer or his desiqnee shall deduct the cost and expense
of removal from the posted cash bond. The city shall not be responsible for the damaqe or
destruction of any siqn which is removed in accordance with this provision.
(10) Illumination. Temporary siqns shall not be illuminated.
(11) Temporary siqns must be posted in accordance with the followinq tables.
(1) Grand opening banner:
Residential District Nonresidential District
Approvals City Manager. Siqn permit City Manager. Siqn Permit required
necessary: req u ired
Number One per project. One per establishment per calendar
(maximum): year in a multi-tenant center.
Sign area 30 square feet. 30 square feet.
(maximum):
Sign height Four feet. Four feet.
(maximum):
Length of 14 consecutive days after issuance 14 consecutive days after issuance
display: of initial local business tax receipt. of initial local business tax receipt.
Frequency: One per year. One per year.
Sign copy shall only include Sign copy shall only include "Grand
Other "Grand Opening" and the name of Opening" and the name of the
restrictions: the project. Signs shall indicate project. Signs shall indicate
expiration date on lower right hand expiration date on lower right hand
corner. corner.
(2) Real estate signs (no permit required):
Residential District Nonresidential District
Number One per lot, except corner lots may
(maximum): have two. One per lot.
Sign area 40 square inches aggregate for
(maximum): each. Four square feet aggregate.
Ordinance No. 2010 -
Page 19
Sign height
(maximum): Four feet. Four feet.
Setback Six feet. Six feet.
(minimum):
Shall be removed within ten days
Length of Shall be removed within ten days after the closing, or in the case of
display: after the closing. property for lease, within five days
after all space is leased.
Sign copy shall be limited to: (i) Sign copy shall be limited to: (i)
situation (Le. sale, rent, lease, situation (Le. sale, rent, lease, zoning,
zoning, size of property); (ii) name size of property); (ii) name of owner;
Other of owner; broker or agent; (iii) broker or agent; (iii) phone number;
restrictions: phone number; (iv) designs or (iv) designs or trademarks not
trademarks not comprising more comprising more than 20 percent of
than 20 percent of sign area; (v) sign area; (v) colors limited to black
colors limited to black and white. and white.
(3) Construction sign:
Residential District Nonresidential District
Approvals City Manager. Siqn Permit reauired City Manager. Siqn Permit
necessary: reauired
Number One per lot. One per lot.
(maximum):
Sign area 32 square feet. 32 square feet.
(maximum):
Sign height Four feet. Four feet.
(maximum):
Setback Six feet from property line, not in Six feet from property line, not in
(minimum): right-of-way or sight visibility right-of-way or sight visibility
triangle. triangle.
Permitted for a 12-month period Permitted for a 12-month period
Length of from date of building permit from date of building permit
display: issuance or until construction issuance or until construction
completed. completed.
Ordinance No. 2010-
Page 20
Sign copy may include only: (i) Sign copy may include only: (i)
project name; (ii) nature of project name; (ii) nature of
Other development; (iii) general development; (iii) general
restrictions: contractor; (iv) architect; (v) lending contractor; (iv) architect; (v) lending
institution; (vi) owner or agent; and institution; (vi) owner or agent; and
(vii) phone number. (vii) phone number.
(4) Model sign (no permit required):
Residential District Nonresidential
District
Number One per model unit lot and one per office lot. (Not
(maximum): applicable).
Sign area Four square feet.
(maximum):
Sign height Four feet.
(maximum):
Model arrow Three per development not to exceed two square feet
signs: each. Shall not be located in right-of-way or sight
visibility triangle.
Flags: Not permitted, except as specifically allowed in this
section.
Time limit: Until certificate of completion/occupancy is issued for
last house in development.
Other Sign copy may include only: (i) "Model"; (ii) builder;
restrictions: (iii) architect; (iv) agent; (v) number of bedrooms and
baths; (vi) telephone number.
(5) Window sign, temporary:
Residential Nonresidential District
District
Approvals Not permitted. City M::m::lger. SiQn Permit Required
necessary:
Sign area Ten percent of window area up to a maximum of ten
(maximum): square feet.
Time limit: 14 days.
Ordinance No. 2010 -
Page 21
Frequency:
Business or use shall be limited to five such
advertising sign permits per calendar year.
(6) Garage/estate sale sign:
Residential District Nonresidential
District
Approvals City M~m3ger. SiQn Permit Required Not permitted.
necessary:
Number One per lot on-site.
(maximum):
Sign area Six square feet.
(maximum):
Height (maximum): Four feet.
Length of display: Maximum of one weekend during any six-
month period.
Setback: Not on right-of-way.
(7) Real estate open house sign. Such sign is located on-premises, on private property (upon
permission of the private property owner). but which shall not act as an obstruction to vehicular
or pedestrian traffic. (In conformance with design specifications as provided by the City
Manager): (No permit required).
Residential District Nonresidential District
Number One per property (two per One per property (two per property
(maximum): property when more than one unit when more than one unit is for lease
is for lease or sale on property). or sale on property).
Sign area Six square feet. Six square feet.
(maximum):
Sign height Six feet. Six feet.
(maximum):
Permitted Saturdays and Sundays Permitted Saturdays and Sundays
Time limit: 10:00 a.m. to 4:00 p.m. Must be 10:00 a.m. to 4:00 p.m. Must be
removed same day. removed same day.
(8) Community service signs/special event signs: The number, size and location of signs to be
determined by the City M:m3ger City's Special Event Permit application process.
Ordinance No. 2010 -
Page 22
(9) School and places of worship signs.
Not in freestanding structures In freestanding structure
Approvals City M::mager. Sion Permit City Manager. Sion Permit
necessary: required required
Number: One. One.
Sign area 12 square feet. 32 square feet.
(maximum):
Sign height Five feet. Six feet.
(maximum):
Setback: Shall not be placed in any right-of- Shall not be placed in any right-of-
way or sight visibility triangle. way or sight visibility triangle.
Length of Shall be displayed only during Shall be displayed only during
worship services and related worship services and related
display: functions. functions.
(10) Political Sions (no permit required)
Residential District Non-Residential District
Number One per candidate or issue per lot One per candidate or issue per lot
(maximum):
Sion area 4-1/2 square feet per sjon 8 square feet per lot
(maximum):
Sion Heioht Three feet Six feet
(maximum):
Setback Within five of any easement; ten feet Within five of any easement; ten feet
(minimum): of edoe-of-pavement if there is no of edoe-of-pavement if there is no
sidewalk. sidewalk.
Lenoth of No more than 90 days prior to date of No more than 90 days prior to date of
display: election or prior to a primary election election or prior to a primary election
scheduled prior to such election, scheduled prior to such election.
whichever is earlier. whichever is earlier.
Other Shall be removed seven days after Shall be removed seven days after
restrictions: election. election.
fit.ill Supplemental regulations.
(1) Multi-tenant center sign graphics criteria. The owner of a multi-tenant [center], or their
authorized representative, may choose to comply with the standards for nonresidential district
signs or alternatively, apply for approval as a multi-tenant center as described below.
Ordinance No. 2010 -
Page 23
ffi lml Permit requirements.
(1) Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be
installed, relocated or altered within the municipal limits of the City, any sign without first having
obtained a required permit from the City Manager. Said permits shall be issued only after a
determination has been made of full compliance with all conditions of this section. No person
shall install, relocate, alter or cause to be installed, relocated or altered, any sign, other than
temporary signs, unless the person is properly licensed to install, relocate, or alter signs in
Miami-Dade County. It shall be unlawful for any person to knowingly construct or cause to be
constructed a sign contrary to the regulations of this section.
W illl Non-conforming signs. All future changes to any signs will require conformity to this
section.
(1) Amortization of sign code non-conformities. The following non-conforming signs that
existed at the time the Sign Code Ordinance became effective may be continued, although it
does not conform to all the provisions hereof, provided that no text or structural alterations are
made thereto and that all such non-conforming signs shall be completely removed from the
premises or made to conform by June 3, 2000:
a. Any non-conforming sign;
b. Those signs that display services or products as opposed to the business name;
c. Nonresidential monument signs.
W !Q} Sign maintenance.
(1) Maintenance. All signs shall be maintained in a safe, presentable and good structural
condition, which shall include the replacement of defective parts, repainting, cleaning and other
acts required for the maintenance of the sign. The area around the base of the sign shall be
kept free of weeds and debris. If a sign does not comply with the above standards, the City
Manager may require its removal in accordance with this section.
-(mt {Ql Removal of improper signs.
(1) Removal. The City Manager shall cause the removal of any sign in violation of this section
in accordance with the procedures set forth in the City of Aventura Code Enforcement Section
or as otherwise outlined by law.
Sec. 31-192. Temporary political signs.
Regul3tions regarding temporary political signs are outlined in section 31 61 rot seq.] of
the City of Aventura Code.
Ordinance No. 2010 -
Page 24
Section 4. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. 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 6. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in
the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation. This Ordinance
shall be subject to enforcement under the Local Government Code Enforcement Act,
Chapter 162, F.S., as amended and Article V of Chapter 2 of the City Code, as
amended. Enforcement may also be by suit for declaratory, injunctive or other
appropriate relief in a court of competent jurisdiction.
Section 7. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading.
This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
second reading. This motion was seconded by Commissioner
vote was as follows:
who moved its adoption on
and upon being put to a vote, the
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Teri Holzberg
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
Ordinance No. 2010 -
Page 25
PASSED on first reading this 2nd day of March, 2010.
PASSED AND ADOPTED on second reading this 6th day of April, 2010.
Susan Gottlieb, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _day of April, 2010.
CITY CLERK
MONDAY, FEBRUARY 22, 2010 i 7A
~
:J J:
~
z :!:
-
w ....
~ <(
<
Ll- e
0 0
~ :;:::
U
CI)
(.) (/)
Q)
e
0
~
Q) Q)
OJ
E i...: ro c:
0
ro Q) a.. ~
z CIl C
C 'E .Q .;::
Q) u
.!!1 > 13 CIl
"0 Q) Q)
l5 <( (/) 0
.... ....
0 0
co co
.... .... 0
N N c:i ~
'l:t 'l:t
U) U) ....
'l:t 'l:t ><
co co N CO
i...:
Q)
..c
E
i...: :J
Q) Z Q)
..c a.
E c: :>.
0 ~
:J 'E L...
Z Q) Q) 0
"0 CIl .!::l (5
<( .5: (/) ()
THE AMERICAS
A1
THE MIAMI HERALD I MlamlHerald com
BRAZIL
Naval authorities defend
search efforts in shipwreck
~ CITY OF AVENTURA
" NOTICE OF HEARING OF
LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT
OF THE CITY'S LAND
DEVELOPMENT REGULATIONS
'E
.,
1:
o
"
>-
C
"'
..
"'
o
Co
5
Co
!!
...
o
-
'0
Ii
><
.,
>-
to
~
>-
C
to
.5
...
o
Vi
-'"
o
~
..
.2:
1ii
>
.;:
.,
"
..
1ii
!!
"
o
c
>-
"'
E
::l
o
>-
,;
J!!
"'
"
is
.5
.,
Cl
"'
Co
"
C
"'
J!!
"'
"
.,
;;
C
o
"
~
..
:t:
'e
"'
i
.,
.c
I-
.5
"
!!
"'
..
Co
Co
to
"
to
..
;;
1ii
;;
..
"
C
..
"
'S:
..
..
>
'jjj
::l
U
C
o
"
"'
to
"
.,
"
'S:
o
a
.!!!
~
..
..
.c
CIl
III
"'
:c
I-
.Brazilian officials said
the delay In responding
to a distress call from a
ship of students was
standard procedure.
BY TALES AllONI
^"SOrlatE!'~ Pr~~',
Public Notice is hereby given that lhe Aventura City
Commission, sitting as the City of Aventura Local Plannil19
Agericy will meet in a public hearing on Tunday, March 2,
2010 at 6:00 p.m. to review and recommend adoption of the
f~lowing Ordinance to the City Commission.
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, REPEAUNG DIVISION
2 "TEMPORARY POLmCAL SIGNS" OF
ARTICLE III, SIGN CODE, OF CHAPTER
34 "PLANNING AND ZONING" OF THE
CITY CODE AND AMENDING ARTICLE IX
OF CHAPTER 31 "SIGN REGULATlONS~
OF THE CITY'S LAND DEVELOPMENT
REGULATIONS, CHAPTER 31 OF THE CllY
CODE TO CLARIFY AND AMEND EXISTING
REGULATIONS OF SIGNS WITHIN THE
CITY SO AS TO ENHANCE COMPLIANCE
WITH RECENT CASE LAW AND TO REPEAL
EXISTING REGULATIONS OF TEMPORARY
POUTICAL SIGNS AND PROVIDE FOR THEIR
REGULATION ELSEWHERE IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR PENALTY;
PROVIDING FOR AN EFFECTIVE DATE.
SAD PAULO - The
Brazilian navy on Sunday
defended its response to a
shipwreck that left dozens
oi teenage students from
around the world adrift on
the ocean ior two nights.
The navy deployed a
search aircraft about 19
hours after it received a
distress signal from the SV
Concordia on Wednesday,
which officials say is in
line with standard proce-
dure.
All 48 students and 16
crew members were smely
rescued Friday, nearly 40
hours after the sailing ship
capsized in the Atlantic
several hundred miles off
the Brazilian coast.
The students, who were
taking part in the Canadi-
an-based Class AJloat pro-
gram, were expected to
begin tlying home later
Sunday as soon as their
emergency documents and
plane tickets were
arranged.
Nigel McCarthy, presi-
dent and CEO of West
Island College Interna-
tional of Lunenburg, Nova
Scotia, which operates
Class Atloat, expressed
concern that the students
were leit adriit on liie rafts
for so long beiore being
rescued.
"We're certainly trying
to gain a better under-
standing oi why does it
seem like such a long
time," McCarthy told The
Associated Press on Sun-
day. "We really don't
know. These are the same
people, of course, that
we're thanking for bring-
ing home our kids so we
FELlP!OAtoIAJAP
SURVIVORS: Capt. William Curry, second left, embraces a student from
Canada's West Island College after arriVing In RIO de Janeiro on Saturday
Co-ordination Centre in
Halifax is to send planes
immediately aiter receiv-
ing a distress signal from
any ships offshore.
NO DELAY
If the agency had
received a distress signal
tram a Brazilian ship "in
our waters here, that's
exactly what would have
happened," Stansfield said.
Curry said the three-
masted Concordia appar-
ently experienced a
weather phenomenon
known as a "microburst"
- a sudden, violent down-
draft of wind - that
instantly crippled the ves-
seL
School oiricials said 42
of those aboard were [rom
Canada, while others hail
from the United States,
Australia, New Zealand,
Mexico, Europe and the
West Indies.
As~odated Press Writer
Rob Gillies in Toronto con-
tributed to this report.
that the London-based Bar-
bados Maritime Ship Reg-
istry, which works on
behalf of the government
ot" Barbados, will conduct
an investigation.
When their eiiorts to
communicate with the SV
Concordia failed, Brazilian
naval authorities reached
out to school niticials in
Canada - but not until
about 10 a.m. Thursday.
The ofr1cials also had no
luck getting the ship's cap-
tain and crew on the radio
or through e-mails,
prompting the navy to ask
for an air force search
operation in the general
area of the distress signal.
An aircraft left about 5
p.m. local time and about
three hours later spotted
the students and crew on
rafts ~oo miles off the
coast.
Navy Lt. Edward Stans-
field, public aifairs oiticer
for the Canadian Maritime
Forces Atlantic, said the
policy of the Joint Rescue
have to be attentive:'
Navy spokeswoman
Maria Padilha said that
naval responders received
a distress signal about 10
p.m. local time Wednesday
and immediately tried to
make radio contact with
the vessel. They also com-
municated with nearby
ships and aircraft to see if
they could spot anything
wrong in the area, Padilha
said.
The aim was to assess
what type of emergency
had occurred, she said,
given that it could have
been anything irom a
minor engine problem to a
grave illness or a sinking
ship.
lOOKING INTO IT
The ship's caprain, Wil-
liam Curry, has said that
the vessel capsized
Wednesday afternoon. It
was not dear why the navy
did not receive the distress
si~nal until hours later.
McCarthy said Saturday
Immediately following the Local Planning Agency meeting.
the City Commission 01 the City of Aventura. as the goveming
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, April 6, 2010 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 \.>Vest 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 Cler1l..
(305) 466-8901. not later than two business days prior to such
proceedings.
If a person decides to appeal any decision macle 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 reoord of the proceedings
and, fm 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
UNIVERSITY
OF MIAMI
L.J
~JJ;
,.,{_?
, -
..'....'
.. ..4t,'"/
Help Us Help Haiti
e 0
~
0
.0 N
-
---- N
e N
-
N
W 0
~ CI)
. .... ....
~ C'CS
C
c
i 0
;
C'CS
~ CJ
.-
..J:::. -
.c
Ie) ::s
D..
From in-the-trenches medical response to grassroots initiatives, community
outreach, and fundraising efforts yielding millions, the University of Miami
Haiti Project continues to provide essential support to ensure the survival
and recovery of the Haitian people,
As the first medical team on the ground, UM Miller School of MediCine physiCians and staff treated
more than 250 critically injured patients within 48 hours of arriving in HaitI. Since January 13, nearly
300 UM doctors, nurses, and other personnel have served in Haiti, where we opened a 240-bed tent
hospital with operating rooms and advanced technologies. Our staff has transferred dozens of the
most critically injured to the United States for care
On campus, students, faculty, and staff are conducting fundraising campaigns and donation drives for
essential items. The School of Law's Health and Elder Law Clinic is coordinating assistance for Haitians
in Miami who receive care at UM/Jackson to file for Temporary Protected Status with u.s. Immigration
and Citizenship ServICes.
We need your help to continue this vital humanitarian mission. VISit l/v"vIIW.umglobalinstitute.comldonate
to donate to the University of Miami Globallnstitute/Project Medlshare, which supports the work of
our medical team In Haiti. Or YOLl can send a check made out to the "UM Global Institute" to
P.O. Box 248073, Coral Gables, FlOrida 33124.
www.miami.edu/haiti