06-01-2010
City Commission
Susan Gottlieb, Mayor
A ':!be City of
~ventura
City MJlDJlger
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
T eri Holzberg
Billy Joel
Michael Stem
Luz Urbaez Weinberg
City Oerk
Teresa M. Soroka, MMC
City Atto17lcV
Weiss Serota Helfman
Pastoriza Cole & Boniske
JUNE 1,2010 6 p.m.
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: Employee Recognitions
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
May 4,2010 Commission Meeting
May 20, 2010 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF
FIRMS TO PERFORM VALETIPARKING MANAGEMENT
SERVICES; AUTHORIZING THE CITY MANAGER OF THE
CITY OF A VENTURA, FLORIDA ON BEHALF OF SAID CITY
TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE
CITY MANAGER TO DO ALL TIDNGS NECESSARY TO
CARRY OUT THE AIMS OF TIDS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR ALTERNATE NO.3 OF BID NO. 10-02-
10-2, NE 1915T STREET ROADWAY AND DRAINAGE
IMPROVEMENTS, TO KMC CORPORATION AT THE BID
PRICE OF $350,349; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF TIDS RESOLUTION;
June 1,2010
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN FIRST AMENDMENT TO AGREEMENT BY
AND BETWEEN PERFORMING ARTS CENTER AUTHORITY
AND THE CITY OF AVENTURA FOR STARTUP SERVICES,
MANAGEMENT, PROGRAMMING AND OPERATIONAL
SUPPORT SERVICES FOR THE A VENTURA ARTS AND
CUL TURAL CENTER; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF TIDS 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 wi\l 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 wi\l be given its due weight. The
general public wi\l 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 COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING A SIGN VARIANCE
FOR OLIVE GARDEN ITALIAN RESTAURANT ON
PROPERTY LOCATED AT 17985 BISCAYNE BOULEVARD,
CITY OF A VENTURA; PROVIDING AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING-PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING THE CITY CODE BY AMENDING ARTICLE In
"DANGEROUS INTERSECTION SAFETY" OF CHAPTER 48
"VEHICLES, USE OF RIGHT OF WAY, PARKING AND
OTHER REGULATIONS;" PROVIDING FOR RECORDED
IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT
TRAFFIC CONTROL SIGNALS CONSISTENT WITH
GENERAL LAW AS PROVIDED BY CHAPTER 2010-80, LAWS
OF FLORIDA (2010); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SAVINGS, RATIFICATION AND RESERVATION OF
RIGHTS; PROVIDING FOR AN EFFECTIVE DATE.
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June 1,2010
B. AN ORDINANCE OF THE CITY OF A VENTURA AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT
PLAN REQUIRED BY LAWS OF FLORIDA CHAPTER NO.
2009-97 PROVIDING FOR INCREASED TERMS FOR
TRUSTEES TO FOUR YEARS; PROVIDING FOR AN
INCREASED CAP ON INTERNATIONAL INVESTMENTS UP
TO TWENTY-FIVE PERCENT; PROVIDING FOR
COMPLIANCE WITH THE PROTECTING FLORIDA'S
INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH
PROVISION OF THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT; PROVIDING FOR
PURCHASE OF PRIOR MILITARY AND POLICE SERVICE;
PROVIDING FOR CHANGING OF JOINT SURVIVOR
ANNUITY AFTER RETIREMENT UP TO TWO TIMES
WITHOUT PRIOR APPOV AL; PROVIDING FOR FULL
FUNDING UPON TERMINATION OF THE RETIREMENT
PLAN; PROVIDING FOR AUTHORITY TO DIRECT
PAYMENT FROM RETIREMENT BENEFIT OF CERTAIN
INSURANCE PREMIUMS; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READINGIPUBLIC HEARING: None
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION MEETING JUNE 17,2010 9 AM STII FLR. EX. CONF. ROOM
WORKSHOP MEETING JUNE 17,2010 following Comm Mtg. STII FLR. EX. CONF. ROOM
COMMISSION MEETING JULY 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, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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A~ C~ of
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MINUTES
CITY COMMISSION MEETING
MAY 4,20106 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 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond,
Billy Joel, Michael Stern (arrived after Consent Agenda), 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.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. ELECTION OF VICE MAYOR: (Heard after item 9B) A motion to nominate
Commissioner Billy Joel as Vice Mayor for the next 6 month period was offered by
Commissioner Diamond and died for lack of second. A motion to nominate
Commissioner Michael Stern as Vice Mayor for the next 6 month period was offered by
Mayor Gottlieb, seconded by Commissioner Auerbach and unanimously passed.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Auerbach, passed unanimously and
the following action was taken:
A. APPROVAL OF MINUTES:
April 6, 2010 Commission Meeting
April 22, 2010 Commission Meeting
April 22, 2010 Workshop Meeting
B. Resolution No. 2010-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO
PERFORM AUDITING SERVICES; AUTHORIZING THE CITY
MANAGER OF THE CITY OF A VENTURA, FLORIDA ON BEHALF OF
SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
C. Resolution No. 2010-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO.1 0-03-29-2, ELECTRICAL MAINTENANCE SERVICES TO
UNIVERSAL ELECTRIC OF FLORIDA INC. AND FLORIDA ELECTRIC
CONTRACTING SERVICE, INC. AT THE IDIVIDUAL BID PRICES
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.
D. Resolution No. 2010-23 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ON BISCA YNE BOULEVARD
FROM THE OLET A RIVER BRIDGE NORTH TO THE MIAMI-
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2010-24 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
A VENTURA AND INDIAN CREEK 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.
F. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $85,850
FOR A FIREARMS TRAINING LAB COMPUTER SYSTEM, RECON
SCOUT ROBOT, CAMERA CONCEALMENT DEVICE, VEHICLE
TRACING DEVICE AND CELLEBRITE FORENSIC DEVICE FROM THE
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POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
G. Resolution No. 2010-25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, 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.
H. Resolution No. 2010-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR RFP NO. 10-02-16-2, SCHOOL UNIFORMS, TO IN UNISON
UNIFORM COMPANY IN ACCORDANCE WITH THE RFP DOCMENT
ATTACHED AS EXHIBIT "A"; 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; AND PROVIDING
FOR AN EFFECTIVE DATE.
7. 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 Cleric
Mr. Wolpin enacted the quasi-judicial proceedings. Ex parte communications, if
any, were filed by the Commission. All persons giving testimony in items 7A-C
were administered the oath by the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE OF BEER AND WINE AT THE WALGREENS
PHARMACY/DRUG STORE LOCATED AT 3007 AVENTURA
BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND
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SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-
2(a) AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Stern. Community Development Director Joanne Carr addressed
the Commission and entered the staff report into the record. She noted that
conditions 1 and 4 would be amended to read "beer and wine" package sales
only. Mayor Gottlieb opened the public hearing. The following individuals
addressed the Commission: Dwayne Dickerson, Esq., Ruden McCluskey,
representing the applicant; and Dr. Joyce Starr, Bonavida resident.
(Commissioner Stern arrived during this item). There being no further speakers,
the public hearing was closed. After discussion, the motion passed 4-3, with
Commissioners Auerbach, Diamond and Stern voting no and Resolution No.
2010-27 was adopted.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 31-171(b)(6) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FORTY-ONE (41) PARKING SPACES,
WHERE A MINIMUM OF SEVENTY-NINE (79) PARKING SPACES ARE
REQUIRED BY CODE FOR THE MIAMI-DADE COUNTY PUBLIC
LIBRARY LOCATED AT 2930 AVENTURA BOULEVARD, CITY OF
A VENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern and seconded by
Commissioner Auerbach. Ms. Carr addressed the Commission and entered the
staff report into the record. Miami-Dade County Library representatives
appeared before the Commission. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously and Resolution No. 2010-28 was adopted.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 31-171(b)(5) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FOUR (4) PARKING SPACES, WHERE A
MINIMUM OF NINETEEN (19) PARKING SPACES ARE REQUIRED BY
CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION
31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 127 FEET,
4
WHERE A MINIMUM SEPARATION OF 150 FEET IS REQUIRED BY
CODE; AND GRANTING APPROVAL OF VARIANCE FROM SECTION
31-221(i)(2) TO ALLOW A 0 FOOT WIDE LANDSCAPE BUFFER
ALONG THE EAST SIDE OF THE PARKING AREA, WHERE A
MINIMUM SEVEN FOOT WIDE LANDSCAPE BUFFER IS REQUIRED
BY CODE, ALL FOR PROPERTY LOCATED ON THE EAST SIDE OF
NE 34 AVENUE BETWEEN NORTH COUNTRY CLUB DRIVE AND NE
207 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Weinberg and
seconded by Commissioner Joel. Ms. Carr addressed the Commission
and entered the staff report into the record. Mayor Gottlieb opened the
public hearing. The following individuals addressed the Commission:
Sam Poole, Esq. 350 E. Las Olas; Morton Small, Assoc. President;
Katrina Gisalak, Ensenada; Ellen Elias, Harbour Way; Marvin Leibowitz,
Del Vista Condo Assoc. President; Debbie Ohana, Ensenada II; Steven
Swerzy, Ensenada; Herbert Small, 3640 Yacht Club Drive; Leon
Rodriguez, engineer. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously and
Resolution No. 2010-29 was adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
9. ORDINANCES: SECOND READING/PUBLIC HEARING:
THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF
DIRECTORS OF THE A VENTURA CITY OF EXCELLENCE SCHOOL:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009-11, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2009/201 0 (JULY 1 - JUNE 30) BY
REVISING THE 2009/2010 FISCAL YEAR BUDGET DOCUMENT AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Joel, and seconded by Vice
Mayor Weinberg. No member of the public spoke. The motion passed
5
unanimously by roll call vote and Ordinance No. 2010-04 was enacted.
(Commissioner Diamond was out of the room for the vote)
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 201 0/11 (JULY 1 - JUNE 30), PURSUANT TO SECTION
4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF
FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING
FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. No
member of the public spoke and the public hearing was closed. The motion
passed unanimously by roll call vote and Ordinance No. 2010-05 was enacted.
10. RESOLUTIONS - PUBLIC HEARING: None.
11. REPORTS: As presented. .
12. PUBLIC COMMENTS: Krop student and Aventura resident Ms. Pushett updated the
Commission on events at the high school. Joseph B. Santo, Tropical Taxi and Don
Spidella - Dania Beach Blvd also addressed the Commission.
13. OTHER BUSINESS: None.
14.ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 8:20 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
6
A~ Cq cl
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MINUTES
CITY COMMISSION
WORKSHOP MEETING
May 20, 2010 9:15 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.
Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Luz Weinberg, Vice
Mayor Michael Stern, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M.
Soroka and City Attorney Susan Trevarthan. Commissioner Billy Joel was absent due to illness.
As a quorum was determined to be present, the meeting commenced.
1. DEBT REFUNDING OPPORTUNITIES (City Manager): Mr. Soroka advised the
Commission of the opportunity to refinance the Series 1999 Revenue Bonds, which were
issued originally to finance the construction of the Government Center as well as acquire
parks and Government Center sites.
CITY MANAGER SUMMARY: It was the consensus of the Commission that the Manager
take the necessary action to refinance the Series 1999 Revenue Bonds so long as the Net
Percentage of Value (NPV) savings as a percentage of the refunded bonds is at a level of
4% or more and the financing instrument/method results in the lowest cost to the City.
2. TEMPORARY USES IN TC1 ZONING DISTRICT TO SPUR BUSINESS GROWTH (City
Manager): Tabled to the June Workshop Meeting for further review.
3. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE: May 13, 2010
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
./
BY: Robert M. Sherman, CommunitY
SUBJECT: RFP # 10-04-09-2 Valet Parking Management Services
June 1st, 2010 Commission Meeting Agenda Item ~
Recommendation:
The City Commission adopt the attached Resolution recommending Double Park, LLC
as the top ranked firm to provide the City with professional valet/parking management
services for the Arts and Cultural Center.
Backaround
In accordance with the City's Purchasing Ordinance, an RFP for valet/parking
management services was solicited, advertised and opened on April 9,2010. The RFP
was advertised in the local newspapers and via the internet on DEMANDSTAR. Three
qualified firms submitted proposals:
Double Park, LLC.
USA Parking Systems, Inc.
Selig Parking, Inc. d/b/a AAA Parking
The proposals were then reviewed by the Evaluation Committee consisting of the
Community Services Director, Finance Director and Arts and Cultural Center General
Manager. The evaluations included the following criteria:
. Qualification and experience of personnel who will be directly involved in all
elements of the work.
. Firm size, age, and organizational structure.
. Financial stability of firm.
. Firm's experience with valet/parking management that is similar to the requests
of this RFP.
. Safety record.
City Commission
May 13, 2010
Page Two
All three firms were invited to present their individual proposals on May 6, 2010. The
Review Committee's unanimous rankings in order of preference were:
1. Double Park, LLC.
2. USA Parking Systems, Inc.
3. Selig Parking, Inc. d/b/a AAA Parking
Double Park, LLC.'s proposal included the following revenue formula for valet parking:
City's guaranteed percentage of gross receipts: 75%
Labor fee paid to Double Park for each event: $ 12.65 per man-hour
A typical AACC valet parking scenario (based on parking 100 cars)
Gross Revenue @ $10 per car: $1,000.00
Double Park Share (25% of Gross Receipts): $ 250.00
City Share (75% of Gross Receipts): $ 750.00
Labor Charge:
20 man-hours (4 people for 4 hours)
@$12.65 per man-hour: ($ 202.40)
Net Revenue to City:
$ 547.60
USA Parking Systems, Inc. did not provide any type of revenue formula in their
proposal or presentation.
Selig Parking, Inc. d/b/a AAA Parking proposal included an 8% fee of the gross
parking revenue per month, plus all other parking operational expenses. This fee
includes but is not limited to labor, management, radios, uniforms, signage, and payroll
processing fees.
Based on the content of the proposals and presentations, the Evaluation Committee is
recommending that the City Commission ranks Double Park, LLC. as the top ranked
firm and authorize the City Manger to negotiate an agreement with Double Park, LLC. to
provide valet and parking management services for the City.
If you need additional information, please feel free to contact the City Manager at your
convenience.
Attachments:
RMS/rms
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, ESTABLISHING A
RANKING OF FIRMS TO PERFORM VALET/PARKING
MANAGEMENT SERVICES; AUTHORIZING THE CITY
MANAGER OF THE CITY OF AVENTURA, FLORIDA ON
BEHALF OF SAID CITY TO NEGOTIATE FOR SAID
SERVICES; 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 of Aventura, in accordance with its Charter and applicable
State law, has requested proposals from valet/parking management firms to perform
valet/parking management services for the City; and
WHEREAS, said proposals were assessed by an Evaluation Committee
consisting of the Community Services Director, Finance Director and Arts and Cultural
Center General Manager; and
WHEREAS, said Evaluation Committee recommends that the top three ranked
firms, based on the firms' experience and qualifications, be: 1). Double Park, LLC.; 2).
USA Parking Systems, Inc.; and 3). Selig Parking, Inc. d/b/a AAA Parking; and
WHEREAS, the City Commission desires to authorize the City Manager to
negotiate fees with the top ranked firm and with the alternate firm(s), should
negotiations with the top ranked firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The ranking of firms to perform valet/parking management services
for the City are:
Resolution No. 2010-
Page 2
1) Double Park, LLC.
2) USA Parking Systems, Inc.
3) Selig Parking, Inc. d/b/a AAA Parking
Section 2. The firms have been rated on the basis of their experience,
qualifications and presentations. The final cost shall be negotiated by the City Manager
and approved by the City Commission prior to said firm beginning any work for which
the City may later be billed.
Section 3. In the event the City is unable to come to favorable terms and fees
with the top ranked firm, the City Manager is hereby authorized to negotiate fees with
the second ranked firm.
Section 4. The City Manager is hereby authorized and requested to take all
necessary and expedient action 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 Billy Joel
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this 1st day of June, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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e DOUBLEPARK
INSURANCE
The Operator will supply Garage Liability and Garage Keeper's Legal Liability Insurance,
furnishing City of Aventura with a proper Certificate of Insurance, prior to commencement.
We will also supply Workmen's Compensation insurance.
PODIUM
Operator shall supply a self locking podium for the front door/ramp area to secure all visitor
and guest keys. This additional key box will enable the valet employees to be stationed on
the ramp to meet and greet guests and visitors at all times.
UNIFORMS
The Operator will furnish and maintain all pre-approved uniforms needed to operate a valet
parking operation.
FEES
Double Park respectfully requests a fee of Twelve Dollars & Sixty Five Cents ($12.65) per man
hour.
PARKING FEES
The following parking charges shall be collected:
Valet parking
$10.00
Monthly Management Report
The operator will prepare a monthly management report including a break down of the
event income collected.
Guaranteed Percentage of Gross Receipts
. Double Park LLC shall pay to the City of Aventura 75% of total monthly gross revenue
collected through the valet parking operation.
1717 N. Bayshore Drive, Suite 201, Miami Florida 33132 Phone # 305.932.8600 Fax # 305.704.8171 2
City of Aventura - RFP #10-4-09-2
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Section XI:
Proposal and Projected Budget
AAA Parking (Operator) shall operate the City of Aventura Valet and Parking
Management Services as a first class valet and self-parking class parking
service. The company shall employ, train, and supervise all personnel and shall
provide all supervision and management as necessary for the highest quality
performance of the various services and functions.
The following principle points shall govern the Operating Agreement:
Term
The term shall be for three (3) years commencing on a mutually agreed upon
date, with the option to extend the contract additional three (3) year periods at
the same terms, conditions an prices upon mutual agreement of both parties. All
terms and conditions shall be firm for the term of the contract. The awardee
agrees to this condition by signing its proposal. If awardee cannot renew at
these same terms, conditions and prices, awardee must notify City on/or before
ninety (90) days of contract expiration. -'
Operator Fee
Owner agrees to pay Operator a fee (Fee) equal to eight percent (8%) of the
Gross Parking Revenue per month.
Expenses
Owner agrees to pay from Gross Parking Revenue all parking operational
expenses including, but not limited to, those shown on the attached budget as
approved by Manager.
Gross Parking Revenue
For the purpose of this Agreement, "Gross Parking Revenue" is defined to
include all of the revenue taken in by Operator from the parking operation, and all
Facility parking charges collected by Owner, excluding sales or other taxes
applicable to the Gross Parking Revenue and excluding parking "Fee
Adjustments" and uncollected fees. "Fee Adjustments" shall mean any fees not
collected due to billing errors and the like. With reasonable explanation, Owner
shall advise Operator monthly of any deductions to be made from Gross Parking
Revenue and the amount of Gross Parking Revenue collected by Owner for the
previous month.
Hours of Operation
Hours of Operation shall be twenty-four (24) hours, seven (7) days per week.
d~AAA
~ PA.RKING
We're At Your Service.
53
CITY OF AVENTURA
REQUEST FOR PROPOSALS
10-4-09-2
~
e
Valet/Parking Management Services
SUBMITTAL DATE: April 9, 20010 2:00 P.M.
REQUEST FOR PROPOSALS
RFP # 10-4-09-2
CITY OF A VENTURA
V ALET/P ARKING MANAGEMENT SERVICES
The City of Aventura is requesting proposals from qualified firms to provide facility
management services for the City of Aventura. Interested firms may obtain the Request
for Proposals package at www.cityofaventura.com/finance/bids.shtml. or at the
following:
Finance Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on April 9, 2010 and clearly
marked on the outside" RFP # 10-4-09-2 Valet/Parking Management Services".
Late submittals will not be accepted.
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given
that a "Cone of Silence" is imposed concerning this City's' competitive purchasing
process, which generally prohibits communications concerning the RFP from the time of
advertisement of the RFP until the beginning of the City Commission meeting at which
the City Manager makes a written recommendation to the City Commission concerning
the competitive purchase transaction. Please see the detailed specifications for the
publiC solicitation for services for a statement fully disclosing the requirements of the
"Cone of Silence".
CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are
prohibited from in any way providing campaign contributions to City commission
candidates.
B. City Code Sec. 2-420. Prohibited campaign contributions by vendors.
(a) General, prohibition, disqualification, definitions.
(1) a. No vendor shall give, solicit for, deliver or provide a campaign
contribution directly or indirectly to a candidate, or to the campaign
committee of a candidate, for the Offices of Mayor or Commissioner.
Commencing on the effective date of this article, all proposed City contracts,
as well as requests for proposals (RFP), requests for qualifications (RFQ),
requests for letters of interest (RFLI), or solicitations of bids issued by the
City, shall incorporated notice of this section so as to notify potential vendors
of the proscription embodied herein.
b. No candidate or campaign committee of a candidate for the Offices of
Mayor or Commissioner, shall deposit into such candidate's campaign
account any campaign contribution which is received directly or indirectly
1
from a vendor or which such candidate or campaign committee knows or
should know was solicited by or for a vendor or delivered or provided for a
vendor. Candidates (or those acting on their behalf) shall ensure compliance
with this code section by confirming through examination of the official
vendor list which is posted on the City's website to verify the vendor status of
any potential contributor. A candidate or the campaign committee of a
candidate shall not be in violation of this subsection if the vendor was not
listed as a vendor on the City's website at the time that the contribution was
received or deposited so long as the candidate or the campaign committee of
a candidate did not know that the person or entity was a vendor of the City.
(2) Each prohibited act of giving, soliciting for, delivering or providing a
campaign contribution or depositing a campaign contribution in violation of
this section shall constitute a separate violation. All contributions deposited
into a candidate's campaign account in violation of this section shall be
forfeited to the City's General Fund.
(3) a. A person or entity, other than a then existing vendor, who directly
or indirectly makes a campaign contribution to a candidate who is elected to
the office of Mayor or Commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from serving
as a vendor with the City. A then existing vendor who directly or indirectly
makes a contribution to a candidate who is elected to the Office of Mayor or
Commissioner, shall be disqualified from serving as a vendor with the City for
a period of 12 months from a final finding of a violation of this section, or from
the time of action on a waiver request by the City Commission pursuant to
subsection (b) below, in the event that a waiver is sought by the vendor. In
the event that such waiver request for a particular transaction is granted, the
affected vendor shall nonetheless be disqualified from serving as a vendor
with the City as to any other goods, equipment or services to be provided by
the vendor to the City, beyond the vendor goods, equipment or services
which are the subject matter of any waiver which is granted. In the event
such waiver request is denied for a particular transaction the 12-month
disqualification period shall continue to apply to both the particular
transaction for which the waiver was sought, as well as all other vendor
activities for the provision of goods, equipment or services to the City during
that 12-month period.
b. For purposes of this section, the term "disqualified" shall be defined to
include:
1. Termination of a contributor/vendor's existing contracts with the City,
subject to the applicable waiver provisions of subsection (b) herein; and
2. Disqualification of a contributor's response to solicitation requests for
prospective vendor contracts with the city, subject to the applicable waiver of
subsection (b) herein.
(4) As used in this section:
a. Vendor.
2
1. A "vendor" is a person and/or entity who has been selected by the City
as the successful bidder on a present or pending bid to provide to the City
goods, equipment or services, or has been approved by the City of a present
or pending award to provide to the City goods, equipment or services, prior
to, upon or following execution of a contract, or purchase order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of ten percent or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten percent or more in a firm. The term "firm" shall mean a
corporation, partnership, business trust or any legal entity other than a
natural person.
3. "Vendor" shall not include City officers or employees.
4. For purposes of this section, "vendor" status shall terminate upon
completion of performance of the agreement for the provision of goods,
equipment or service.
b. Services. For purposes of this section, the term "services" shall mean
the rendering by a vendor through competitive bidding or otherwise, of labor,
professional and/or consulting services to the City, including, but not limited
to, the provision of lobbying services to the City.
c. Campaign contributions. The term "campaign contribution" shall have
the meaning which is ascribed to the term "contributions" pursuant to F.S. 9
106.011, as amended.
(b) Waiver of prohibition.
(1) Criteria for waiver. The requirements of this section may be waived by
the affirmative vote of five members of the City Commission for a particular
transaction after a public hearing, upon finding that:
a. The goods, equipment or services to be involved in the proposed
transaction are unique and the City cannot avail itself of such goods,
equipment or services without entering into a transaction which would violate
this section but for waiver of its requirements; or
b. The business entity involved in the proposed transaction is the sole
source of supply as determined by the City Manager in accordance with
procedures established by the City Manager; or
c. An emergency contract (as authorized by subsection 2-253(5) of this
Code) must be made in order to protect the health, safety or welfare of the
citizens of the City; or
d. A contract for the provision of goods, equipment or services exists
which, if terminated by the City would be substantially adverse to the best
economic interests of the City.
(2) Limited waiver. Notwithstanding the denial of the City Commission of a
waiver request regarding the provision of goods, equipment or services
under an existing contract pursuant to subsection (b)a. above, the City
Commission, may by the affirmative vote of five members of the City
Commission after a public hearing, grant a limited waiver concerning an
existing contract for the provision of goods, equipment or services between a
vendor and the City upon finding that in order to protect the health, safety
and welfare of the citizens of the City, it is necessary that the affected
3
contract be continued for a limited duration (not to exceed a period of six
months) in order for the City to obtain a replacement vendor.
(3) Full disclosure. Any grant of a waiver or limited waiver by the City
Commission must first be supported with a full disclosure of the subject
campaign contribution.
(c) Implementation. The City Manager is authorized to adopt additional
procurement procedures for goods, equipment or services to implement this
section. These procedures shall provide for the assembly, maintenance and
posting of an official City vendor list as referenced above.
(d) Penalty. The Ethics Commission created pursuant to Miami-Dade
County Ordinance 97-105, shall have primary jurisdiction for enforcement of
this section. A finding by the Ethics Commission that a person violated this
section, shall subject such person to an admonition or public reprimand
and/or a fine of $250.00 for the first violation, and $500.00 for each
subsequent violation.
(e) Applicability. This section shall be applied only prospectively to
campaign contributions which are made after the date of this section.
(Ord. No. 2005-14, ~ 3, 10-11-05)
The City of Aventura reserves the right to accept or reject any and/or all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services.
Eric M. Soroka
City Manager
4
REQUEST FOR PROPOSALS
SUBJECT:
Valet/Parking Management Services
OPENING DATE & TIME:
April 9, 2010 @ 2:00 P.M.
SUBMIT TO:
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER:
10-4-09-2
INTENT
The City of Aventura, Florida (the "City") is inviting the submission of proposals from
qualified firms to provide professional valet/parking management services for the
Aventura Arts and Cultural Center and for other City events as required by the City.
BACKGROUND
The City will be opening and operating a 324 seat Arts and Cultural Center that will hold
live concerts, plays, and various other performances and exhibits. The City desires to
engage the services of a qualified firm to provide professional, knowledgeable,
competent, and skilled personnel to perform valet and parking management services for
this facility and other events as required by the City.
SERVICES SOUGHT
The purpose of this request for proposal is to establish the most effective and efficient
methods of providing valet/parking management services for the City. These services
will be needed for all performances at the Arts and Cultural Center, including weekends,
evenings, and holidays, as well as occasional valet/parking management services as
needed at various City buildings throughout the year. The proposal shall include the
following information at a minimum.
1. Qualifications of firm and principals, including but not limited to: firm's history;
number of years in business; local availability of key personnel; demonstrated
ability provide valet/parking management services, financial stability of firm, and
the ability to perform all services relating to valet/parking management as required
by the City Manager or designee. The successful firm shall comply with all
applicable Federal, State, and local laws and regulations.
2. Provide all necessary licenses and permits and evidence of insurance and
insurability, and conform to all applicable laws and regulations.
5
3. Provide a complete plan detailing valet/parking management services for the
Aventura Arts and Cultural Center. (See map)
4. Past performance, letters of references from past clients and all factual information
shall be provided by each firm. All of these factors and other information contained
in each proposal will be taken into consideration and evaluated.
5. The successful firm will be required to meet with any involved City department
personnel upon request by the City Manager. The successful firm's representative
shall be available to resolve any related issues that arise during the normal course
of providing the requested services. The successful firm will be expected to
coordinate and communicate effectively with designated City personnel. The
frequency, nature, scope, and definition of the services desired by the City may
change from time to time, at the City's sole discretion.
PERFORMANCE. OPERATIONS. AND PERSONNEL STANDARDS
../ The successful firm shall provide proof that all employees assigned to the City
have the appropriate and valid driver licenses as determined by state statutes;
undergone criminal background screening and drug screening both at hire and
during the term of the Agreement.
../ Tobacco use of any kind is not permitted while on duty at all City events.
../ All financial transactions will be subject to City procedures and audit.
../ All valet staff shall be fluent in English or be bi-lingual with English as one of the
spoken languages.
../ All valet staff shall be groomed to present a professional image for the City.
../ The successful proposer shall have a management representative on site at all
times during valet/parking activities.
../ The successful proposer shall supply all necessary equipment, including but not
limited to cones, valet stand, secure key storage, queuing lines, etc.
../ The successful proposer shall provide services solely as an independent
contractor.
../ All staff shall be prompt and dressed in proper uniforms when reporting to duty.
Uniforms shall be provided by the successful firm.
../ All vehicles shall be attended to and operated in a safe, competent and
courteous manner.
CONTENT OF PROPOSAL
Please submit the following information, with responses numbered accordingly, on
8.5" x 11" sheets:
1. Name, address, telephone, fax number and email address of your firm.
2. Type of organization (i.e., individual, partnership, corporation, joint venture,
etc.), year established, and address of home office if different than above.
6
3. Principals of the firm.
4. Name and title of person who will be responsible for City account.
5. Name, function, and qualifications of personnel in the organization who will be
involved in this project. Please note, to receive further consideration, the
contact person assigned to this project must, within the past five years, have
conducted or been solely responsible for providing valet/parking management
services in a similar environment.
6. General, workers compensation, automobile and professional liability
insurance company name, and extent of coverage.
7. Dress and/or Grooming Code for employees.
8. A complete list of present clients and at least five letters of recommendation.
9. Any other information you feel is appropriate to assist in the selection
process.
10. Respondents must submit five (5) copies of the proposal.
11. Valet/parking management plan demonstrating compliance with the
performance, operation, and personnel standards outlined on page 3 of this
RFP.
12. Submittals shall be received no later than 2:00 P.M. on April 9, 2010 and
clearly marked on the outside "RFP # 10-4-09-2 Valet/Parking Management
Services Proposal".
EVALUATION OF PROPOSALS
1. A Review Committee consisting of the City Manager, Community Services Director
and the Arts and Cultural Center General Manager will evaluate written proposals.
Evaluation will include the following criteria:
./' Qualification and experience of personnel who will be directly involved in all
elements of the work.
./' Firm size, age, and organizational structure.
./' Financial stability of firm.
./' Firm's experience with valet/parking management that is similar to the requests
of this RFP.
./' Safety record.
./' Innovative ideas as evidenced by the submittal.
7
./ Proven ability of firm to effectively manage valet/parking management services to
ensure successful programs and performances at the Arts and Cultural Center
and other venues as directed by the City.
2. The highest ranked proposals will be identified and those firms will be requested to
make a formal presentation before the selection committee. The selected firms will
then be ranked according to the content of their presentations. The City Manager
will then recommend that the City Commission adopt a resolution authorizing the
City Manager to negotiate an agreement with the highest-ranking firm to provide
valet and parking management services for the City.
QUESTIONS
Questions concerning this Request For Proposals should be directed in writing to:
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Issues of substance that are brought to the attention of the City will be responded to in
writing, and copies provided to all firms of record who have received copies of the RFP.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
8
CITY'S RIGHTS
The City reserves the right to accept or reject any and/or all proposals or parts of
proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to
request re-proposals on the required materials or services. The City Commission shall
make a final determination and award of proposal(s).
All materials submitted in response to the Request For Proposals become the property
of the City and will be returned only at the option of the City. The City has the right to
use any or all ideas presented in any response to the RFP, whether amended or not,
and selection or rejection of the Proposal does not affect this right, provided however,
that any submittal that has been submitted to the City Manager's Office may be
withdrawn prior to submittal opening time stated herein, upon proper identification and
signature releasing submittal documents back to the proposing firm.
CONE OF SILENCE PROVISION
A. Notwithstanding any other provision of these specifications, the provisions of
City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction.
The "Cone of Silence," as used herein, means a prohibition on any
communication regarding a particular Request For Proposal ("RFP"), Request
for Qualification ("RFQ") or bid, between:
a potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and:
the City Commission, City's professional staff including, but not
limited to, the City Manager and his or her staff, any member of the
City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid
after the advertisement of said RFP, RFQ, or bid.
C. The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or her
written recommendation to the City Commission. However, if the City
Commission refers the Manager's recommendation back to the
Manager or staff for further review, the Cone of Silence shall be re-
imposed until such time as the Manager makes a subsequent written
recommendation.
D. The Cone of Silence shall not apply to:
(1) Oral communications at pre-bid conferences;
(2) Oral presentations before selection or evaluation
committees;
(3) Public presentations made to the City Commissioners
during any duly noticed public meeting;
9
(4) Communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFO or bid documents. The bidder or proposer
shall file a copy of any written communication with the
City Clerk. The City Clerk shall make copies available to
any person upon request;
(5) Communications regarding a particular RFP, RFO or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
RFO or bid, provided the communication is limited strictly
to matters of process or procedure already contained in
the corresponding solicitation document;
(6) Communications with the City Attorney and his or her
staff;
(7) Duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
(8) Any emergency procurement of goods or services
pursuant to City Code;
(9) Responses to the City's request for clarification or
additional information;
(10) Contract negotiations during any duly noticed public
meeting;
(11) Communications to enable City staff to seek and obtain
industry comment or perform market research, provided
all communications related thereto between a potential
vendor, service provider, proposer, bidder, lobbyist, or
consultant and any member of the City's professional
staff including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly
noticed public meeting.
E. Please contact the City Attorney for any questions concerning Cone of
Silence compliance.
F. Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFO award or bid award to said bidder or proposer voidable
by the City Commission and/or City Manager.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
10
INSURANCE REQUIREMENTS
Such policy or policies shall be without any deductible amount unless otherwise noted in
this Agreement and shall be issued by approved companies authorized to do business
in the State of Florida, and having agents upon whom service of process may be made
in Miami-Dade County, Florida. The vendor shall pay all deductible amounts, if any.
The vendor shall specifically protect the City and by naming the "City of Aventura" as
additional insureds under the Commercial Liability Policy as well as on any Excess
Liability Policy coverage. The official title of the certificate holder is the "City of
Aventura." This official title shall be used in all insurance documentation.
The Contractor shall purchase and maintain, in full force and effect for the life of the
contract, at contractor's sole expense, the following insurance policies:
1. A business automobile policy (including automobile liability, garage
keepers, and garage liability) which covers any vehicles used in
connection with this agreement, regardless of whether the vehicle is
owned, rented, hired or borrowed by the contractor. Minimum limits for
bodily/property damage liability shall be One Million Dollars ($1,000,000)
per occurrence. Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Automobile Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office, and
must include:
Owned Vehicles, if applicable.
Hired and Non-Owned Vehicles, if applicable.
Employers' Non-Ownership, if applicable.
2. A Comprehensive general liability policy shall be provided which shall
contain minimum limits of One Million Dollars ($1,000,000) per occurrence
and Two Million Dollars ($2,000,000) combined single limit for bodily injury
liability and property damage liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Commercial General
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office and must include:
Premises and/or operations.
Independent contractors.
Products and/or Completed Operations for contracts. Broad Form
Contractual Coverage applicable to this specific Agreement, including
any hold harmless and/or indemnification agreement.
11
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
3. A workers' compensation and employer's liability policy which covers all of
the contractor's employees to be engaged in work on this contract as
specified by and in accordance with Chapter 440, Florida Statutes, as may
be amended from time to time, the "Workers' Compensation Law" of the
State of Florida, and all applicable federal laws. In addition, the policy(ies)
must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000) each accident.
If any operations are to be undertaken on or about navigable waters,
coverage must be included for the U.S. Longshoremen & Harbor Workers
Act and Jones Act.
The contractor acknowledges that the City will not be held responsible for
Workers' Compensation or medical care for any/all of the contractor's employees.
4. A crime policy or fidelity bond covering, among other things: theft,
employee dishonesty, or embezzlement. The policy or bond shall have
minimum limits of Five Hundred Thousand Dollars ($500,000.00) per
occurrence.
5. A garage keepers liability policy with a limit of One Million Dollars
($1,000,000), with no limit on the value that will be paid for damage to any
one car.
The City of Aventura shall be named as additional insured on policies listed as 1-5 of
the contractor's above required policies of insurance except for the Workers'
Compensation insurance. The form and types of coverage and sufficiency of insurer
shall be subject to approval of the City Manager.
The contractor agrees to indemnify, defend and hold harmless the City of Aventura from
and against any and all claims, suits, judgments, executions, and/or liabilities as to
bodily injuries and/or property damages which arise or grow out of this contract or
contractors performance or operations hereunder.
The contractor shall, in its contract with the City, be required to indemnify and hold
harmless the City and its officers, agents, employees and instrumentalities from any and
all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and
costs of defense which the City or its officers, employees, agents and instrumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any
kind of nature arising out of, or relating to or resulting from the provision of professional
valeUparking management services by the contractor and/or its officers, employees,
agents or independent contractors. The contractor shall be required to pay all claims
and losses in connections therewith, and shall investigate and defend all claims, suits or
12
actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments and attorneys' fees which
may issue thereon. The City shall require that the contractor expressly understands
and agrees that any insurance protection required by this agreement or otherwise
provided by the contractor shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the City and its officers, employees, agents or
instrumentalities as herein provided.
Copies of all policies or certificates of such insurance shall be delivered to the city, and
said documentation shall provide for the City to be notified a minimum of thirty (30) days
prior to any cancellation, termination, reduction or non-renewal of any required
insurance policy.
The Contractor shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of contractor's timely payment of each insurance
policy premium as required by this contract.
Coverage is not to cease and is to remain in force (subject to cancellation notice) until
all performance required of the vendor is completed. All policies must be endorsed to
provide the City with at least thirty (30) days' notice of expiration, cancellation, and/or
restriction. If any of the insurance coverages will expire prior to the completion of the
work, copies of renewal policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
The City reserves the right to review and revise any insurance requirements at the time
of renewal or amendment of this Agreement, including, but not limited to, deductibles,
limits, coverage, and endorsements based on insurance market conditions affecting the
availability or affordability of coverage, or changes in the scope of work or specifications
that affect the applicability of coverage. If the vendor uses a subcontractor, then the
vendor shall ensure that subcontractor names the City as an additional insured.
13
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
BY: Antonio F. Tomei, Capital Proj
DATE: May 7,2010
SUBJECT: Bid No: 10-02-10-2 - NE 191st ST Roadway and Drainage Improvements
June 1, 2010 City Commission Meeting Agenda Item 5.. c..
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Alternate #3 of Bid No. 10-02-10-2, NE 191st ST Roadway and Drainage Improvements to
the lowest responsible and responsive bidder, KMC Corporation for the price of $350,349.
This project is included in the Capital Improvements Program with a $350,000 budget
amount and will be funded by Budget Line Item Number 001-8050-541-6341.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on March 5, 2010. The City received fourteen (14) bids for this
project. The three lowest bids on Bid Alternate 3 are as follows:
KMC Corporation
Governor Construction, Inc.
Williams Paving Co., Inc.
$350,349.00
$369,922.17
$373,332.00
A Resolution for the Base Bid and Alternate #1, allowing WB left turn lane improvements
to NE 191st Street was awarded by the City Commission on April 6,2010 for an amount of
$76,724.75. Through evaluation of the existing drainage systems on NE 191st ST and NE
29th Avenue, and applying value engineering to the original Alternate #3 design, a
deductive change order can now be generated, after award, reducing the $350,349 cost
referenced above to $133,000.
Alternate #3 will provide additional storm water relief to NE 191st Street and NE 29th
Avenue through installation of drainage conduit and trenching in the NE 190th Street
corridor and tying into the existing drainage outfall located in the south portion of
Founder's Park.
Please contact me with any questions or comments you may have.
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR ALTERNATE NO.3 OF BID NO. 10-02-10-2, NE 1915T STREET
ROADWAY AND DRAINAGE IMPROVEMENTS, TO KMC
CORPORATION AT THE BID PRICE OF $350,349; 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.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO. 10-02-10-2, NE 191sT Street Roadway and Drainage
Improvements; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that KMC Corporation has submitted the
lowest responsible and responsive bid for said projectlwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 10-02-10-2, NE 191st Street Roadway
and Drainage Improvements, Alternate No. 3 is hereby awarded to KMC Corporation in
Resolution No. 2010-_
Page 2
the amount of $350,349.
Section 2: That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from Budget
Line Item Number 001-8050-541-6341.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this 15t day of June, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
SECTION 00410
SCHEDULE OF VALUES
FOR LUMP SUM
CONTRACT
GENERAL REQUIREMENTS
Item Quantity Description Unit Unit Price Extended
Cost
BASE BID
GENERAL
GENERAL CONDITIONS LS $ :10(/(,00 $ if &? L(S-.OU
2 MOBILIZATION LS $ I fi)O.OO $ I rOO 00
/ JW
3 MAINTENANCE OF TRAFFIC FOR LS $ i-l 0 cl0 oQ $ tfo~.Cw
NE I91sT ST. ROADWAY
IMPROVEMENTS (NE 1915T
AVENUE RIW)
SUB-TOTAL $ / OJ ;tIS- 00
DEMOLITION
4 225 REMOVE TYPE "D" CURB LF $ ") DO $ 'fsu,OO
4.. .
5 350 REMOVE ASPHALT SY $ ::;.~ 0 $ / ~.uO
J
6 I REMOVE LANDSCAPE MEDIAN LS $ J OW.DU $ loW. iJO
/
AND CAP IRRIGATION LINES /
SUB-TOTAL $ 9. 1.1 S".oO
I lD ~
ROADWAY IMPROVEMENTS
'\
7 350 12" STABILIZED SUB GRADE SY $ .:}.OO $ 1(00. Dr....;
NE 19151 Street Roadway & Drainage Improvements
City of Aventura Bid No. 10-02-10-2
CTAProjectNo.01-0103.123
Addendum No.4
2/2612010
00410 - ]
16
17
18
19
20
21
22
8
325
8" LIMEROCK BASE
9
300
2" ASPHALT (TYPE S-llI)
10
2,470 MILL I" OF ASPHALT
II
2,470 INSTALL I" ASPHALTIC
CONCRETE (TYPE S-m),
INCLUDING TACK COAT
12
6
REMOVE SIDEWALK AND
CONSTRUCT ADA RAMP WI
DETECTABLE WARNINGS
13
345
4' CONCRETE TRAFFIC
SEPARATOR
14
ADmST EXISTING UTILITY
COVERS TO PROPOSED GRADE
15
RESTORE EXISTING LOOP
DETECTORS
SUB-TOTAL
STORM DRl"..IN!aCE
o
TYPE "c" i'X1' MANHOLB
o
24" RCP
o
4' X 8' EXFIL TRATION TRENCH
'N.'! 21" SLOTTED RCP
Cm~I8CT l-I&W DRi\lN:\GE PIPE
TO EXl8TlNG DRf.IN....GE
STRUCTURE
DlSSIMIL.....R PIPB CONNBCTION
o
o
o
p..A.VEMENT RESTOR.:\TIml
o
REMOVE 24" CMP DR..\IN....GB
PIPE
SUB- TOTAL
NE 19151 Street Roadway & Drainage Improvements
City of Aventura Bid No. 10-02-10-2
CTA Project No. 01-0103.123
Addendum No.4
2/26/2010
SY $ J;). 00
SY $ j!;;. c 0
SY $ 3>. -I ..;-
SY $ '].50
''1 2~-o 00
$ ..5 '
I
$
I.j ~O' D .or...)
I (
$ Cj d~?-. jo
j
$ j g/5J-('",OO
EA $ i 00QCO $ (1 reoo .Oil
,.I
LF $ 34, 0 0 $ II }73> 0 . 00
LS $ doe "00
LS $ C;;) !;'cD,r:o
EA $0.00
LF $0.00
LF $0.00
EA $0.00
EA $0.00
SY $0.00
LF $0.00
00410 - 2
$ L-DO.OC
$ 0 tjDO .00
}
$ lP'l :)& 7. ~()
-'
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
PAVEMENT MARKINGS
23 40 SOLID TRAFFIC STRIPE (24" LF $ 4.ct~ $ /t:,'1~O
, .5,
WHITE) (THERMOPLASTIC)
24 1I5 SOLID TRAFFIC STRIPE (12" LF $ J 00 $ d-- '2L) , DO
r.-.... ,
WHITE) (THERMOPLASTIC)
25 240 SOLID TRAFFIC STRIPE (8" LF $ Z-.DD $ l/W. 00
WHITE) (THERMOPLASTIC)
26 1,110 SOLID TRAFFIC STRIPE (6" LF $ )..,00 $ d )XJ /.0
)
WHITE) (THERMOPLASTIC)
27 315 SKIP TRAFFIC STRIPE (10'-30', 6" LF $ '2-,06> $ . ?pto
w_ .
WHITE) (THERMOPLASTIC)
28 110 SKIP TRAFFIC STRIPE (6'-10', 6" LF $ 2-. 0 () $ ?-){).OO
WHITE) (THERMOPLASTIC)
29 0 SOLID TR.WFlC STRIPE (I 8" LF $0.00 $0.00
YELLOW) (THERMOPLASTIC)
30 710 SOLID TRAFFIC STRIPE (6" LF $ 2 .QD $ i/v:J-D. DO
YELLOW) (THERMOPLASTIC)
31 II DIRECTIONAL ARROWS EA $ 7'1. i./D $ ~)8, if 0
(THERMOPLASTIC)
32 18 REFLECTIVE PAVEMENT EA $ &,5C{ $ /}-J./r
MARKERS PERMANENT
(BI-DIRECTIONAL)
YELLOWIYELLOW
33 32 REFLECTIVE PAVEMENT EA $ 0, ~Cf' $ ?J~.'lCl
MARKER PERMANENT (CLASS B)
(BI-DIRECTIONALXCLEARJRED)
34 1 TEMPORARY PAVEMENT LS $ '"2 jc;to.oO $ d\ 500.00
MARKINGS
SUB-TOTAL $ cr, 0;;;.3. bO
/
NE 191 $I Street Roadway & Drainage Improvements
City of Aventura Bid No. 10-02-10-2
CTA Project No. 01-0103.123
Addendum No.4
2/26/2010
00410 - 3
35
1
ALLOWANCE FOR CITY OF
A VENTURA POLICE
DEPARTMENT PRESENCE
($40/HR)
LS $15,000
$15,000
TOTAL VALUE OF BASE BID
$
IOWII.IO
BID AL TERNA TE NO.1 - Pavement markings within FDOT
(Biscayne Blvd.) Right-Of-Way
36 MAINTENANCE OF TRAFFIC FOR LS $ d-,cDD. co $ d,OOO .00
BISCAYNE BLVD. RIGHT-Of-WAY
37 235 REMOVE EXISTING SKIP LF $ I D.()C $ ;)13<;0.DO
STRIPING PER fOOT
REQUIREMENTS
38 135 SKIP TRAfFIC STRIPE (2'-4',6" LF $ 9.00 $ 810.0 D
WHITE) (THERMOPLASTIC)
39 105 SKIP TRAFFIC STRIPE (2'-4', 6" LF $ ,9.00 $ dIO.CO
YELLOW) (THERMOPLASTIC)
TOTAL BID ALTERNATE NO. 1
$
1/ g3>D. DO
J
40
BID ALTERNATE NO.2 - Mill and Resurface within FOOT
(Biscayne Blvd.) Right-Of-Way
MAINTENANCE OF TRAFFIC FOR LS $ Lfl () Ci), co $ '-6 () 00 pD
BISCA YNE BLVD. RIGHT-OF-WAY
41
1,950 MILL 1" OF ASPHALT
---
SY $ J.. 1 ~
$ "I) 3/?-.SO
I
NE 191 st Street Roadway & Drainage Improvements
City of A ventura Bid No. 10-02-10-2
CTA Project No. 01-0103.123
Addendum No.4
2/26/2010
00410 - 4
42 1,950 INSTALL I" ASPHALTIC SY S q,O() $ Il, ~~O.W
CONCRETE (TYPE FC-5 FRICTION
COURSE WI RUBBER, PER FDOT),
INCLUDING TACK COAT
43 400 SOLID TRAFFIC STRIPE (12" LF S J.Ob s '(DO. t. ()
WHITE) (THERMOPLASTIC)
44 135 SKIP TRAFFIC STRIPE (2'-4', 6" LF $ f),00 $ aiD .co
WHITE) (THERMOPLASTIC)
45 105 SKIP TRAFFIC STRIPE (2'-4', 6" LF $ D,OD $ J- to. Co
YELLOW) (THERMOPLASTIC)
TOTAL BID ALTERNATE NO.2 $ 3D) )11.. 50
BID AL TERNA TE NO.3 - NE 29th A venue/NE 190th Street
Drainage Improvements
46 MAINTENANCE OF TRAFFIC FOR LS $ ~I (0.).00 $ <6 J OOt) 0 c
NE 29TH STREET/NE 190TH STREET
DRAINAGE lMPROVEMENTS
47 3 TYPE M-4 DRAINAGE MANHOLE EA $ 3 i c:C1:J. (yJ $ q DOO. 06
.-
48 6 TYPE M-5 DRAINAGE MANHOLE EA S dl,DO.OJ $ l0 J ';)DfJ .00
49 TYPE M-6 DRAINAGE MANHOLE EA $ 3,SDO.00 $ 3 g-OD. 6 u
I
$ 3. (}to.6O 0"
." CO (.)
50 TYPE C-5 DRAINAGE INLET EA $ 0/7-- .
51 TYPE J-6 DRAINAGE STRUCTURE EA $ 4, '~;;H. (X) $ Lf,~ ~ct. 60
WI TYPE 6 CURB INLET
52 6'X8' CONTROL STRUCTURE EA . ccDoO $ (y DOC cO
$ (0/ . '/
53 411 24" HDPE DRAINAGE PIPE LF S '3J. Cd $ \ 3>, J 5d .60
NE I91st Street Roadway & Drainage Improvements
City of Aventura Bid No. 10-02-10-2
CTA Project No. 01-0103.123
Addendum No.4
2/26/2010
00410 - 5
54 912 4'X6' EXFlLTRATION TRENCH WI LF $ tv if. cC $ 56, 3 ict. e-O
24" PERFORATED HDPE
55 1,119 36" HOPE DRAINAGE PIPE LF $ 5D,ec $ C),), q 5 D . DC:
- I
56 CORE DRILL AND CONNECT TO EA $ S-C'O- t,o 51 r-, 0
$ OC..l. V
EXISTING DRAINAGE
STRUCTURE
57 7 CONNECT NEW DRAINAGE PIPE EA $ d ,<;b ,co $ \ 1St) DD
TO EXISTING DRAINAGE J
STRUCTURE
58 I REMOVE EXISTING DRAINAGE EA $ 8-C'D. Oc. $ J SO. 60
STRUCTURE
$ "D <:"',(:{', 00 ...,,, "'cO ,(:6
59 CORE DRILL EXISTING SEAWALL EA "'"l ,() >../. $ ,.::JL-J v -
AND EXTEND 36" OUTFALL ./ J
360.00 """-0 DO
60 MANATEE SCREEN EA $ $ !J':> /.
61 '\ (', ift{).OO
40 FLOATING TURBIDITY BARRIER LF $ I D ,Cu $
62 6,100 COMPLETE RESTORATION, SY $ j 7. SL'i $ i D~, '7 <;Z). dO
INCLUDING SIDEWALK,
CURBING, ROADWAY, 8-FOOT
ASPHALT PATH, SOD,
IRRIGATION, ETC.
63 CONCRETE APRON EA $ 35o,DU $ 3.s0.UO
SUB-TOTAL i.1 ~ '3lf~.0 0
$ -' I
NE 191 st Street Roadway & Drainage Improvements
City of Aventura Bid No. 10-02-10-2
CTA Project No. 01-0103.123
Addendum No.4
2/2612010
00410 - 6
64 ALLOWANCE FOR CITY OF LS $20,000 $20,000
A VENTURA POLICE
DEPARTMENT PRESENCE
($40/HR)
65 ALLOWANCE FOR SOFT DIG LS $12,000 $12,000
TOTAL BID ALTERNATE NO.3
$
35(). 3'-fCt. DO
,
NOTE: CITY RESERVES THE RIGHT TO A WARD THE BID BASED ON AN EV ALVA nON OF EITHER THE
BASE BID, BID ALTERNATES, OR A COMBINA nON OF BASE BID AND BID ALTERNATES.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work
complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated
by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from
the Schedule Of Values, except to the extent that the City changes the scope ofProjeet after the Contract
Date.
AUowance Items will be paid based on the actual cost for each item. Any allowance item, or portion of an
allowance item, that is not used shall be reconciled at the completion of the project and deleted from the
Contract.
NE 19151 Street Roadway & Drainage Improvements
City of A ventura Bid No. 10-02- I 0-2
CTA Project No. 01-0103.123
Addendum No.4
2/26/20 I 0
00410 -7
SIGNA TURE PAGE FOR A CORPORA nON
(President)
Business address: 20 S vJ ~'f'\ ~ A-'\K. -S u\\--<.. '600
ptJrr\-(Y-J/lO fuUO~ I rL. 33'O~
Phone No: ..9c.;y 4ld1....Ci€.OO 'f..l\~ Facsimile No: Q6y -Q(O<=1 -Off/1
NE 191'1 Street Roadway & Drainage Improvements
City of Aventura Bid No. 10-02-10-2
CTA Project No. 01-0103.123
00410 - 10
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: May 12, 2010
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: First Amendment to Agreement with Performing Arts Center
Authority for Food and Beverage Services
June 1, 2010 Commission Meeting Agenda Item 5- b
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the First Amendment to the Agreement with Performing Arts Center
Authority (PACA) for food and beverage services at the Arts & Cultural Center.
BACKGROUND
The Agreement for Startup Services, Management, Programming, and Operational
Support Services for the Arts & Cultural Center with PACA provides that the Agreement
can be amended to include additional services to be provided by PAC A.
At this time, it is recommended that the Agreement be amended to provide that PACA
will be the primary provider of food and beverage services at the Arts & Cultural Center.
The term of the grant of this service will run concurrent with the Management
Agreement. In consideration for granting PACA this service they will remit an amount
equal to fifty percent (50%) of net profits on a monthly basis to the City. There will be
no minimum guarantee or maximum cap of net revenues to the City. In the event
during a month revenues do not exceed expenses, PAC A will not remit funds to the
City. This arrangement represents industry standards. PACA will be responsible for
staffing and operating the food and beverage services at the facility. The Agreement
has been reviewed by the City Attorney and approved by the PACA Board.
If you have any questions, please feel free to contact me.
EMS/act
CC01691-10
May 6,2010
Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33 180
II
BRQWARD
CENTER
- Jor the -
PERFORMING ARTS
Re: Amendment # 1- Agreement between PACA and City of Aventura
Dear Eric:
Attached are two original amendments that have been executed by PACA. Once approved by
the City, please return one original back to me.
Thanks and regards,
.~
Timothy Weeks
Chief Financial Officer
Performing Arts Center Authority
Broward Center for the Performing Arts
RECENS>
MAY 01 2Q\0
OFFICE Of THE
cnvMANNiER
201 S W Fifth Avenue . Fort Lauderdale, FL 33312 USA . Phone: 954.522-5334 . Fax: 954.462.3541
Box Office: 954.462.0222 . www.browardcenter.org
RESOLUTION NO. 2010-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN PERFORMING ARTS CENTER
AUTHORITY AND THE CITY OF AVENTURA FOR
STARTUP SERVICES, MANAGEMENT, PROGRAMMING
AND OPERATIONAL SUPPORT SERVICES FOR THE
AVENTURA ARTS AND CULTURAL CENTER;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes the City Manager to
execute and otherwise enter into that certain First Amendment to Agreement, a copy of
which is attached hereto, by and between Performing Arts Center Authority and the City
of Aventura for startup services, management, programming and operational support
services for the Aventura Arts and Cultural Center.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner T eri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-_
Page 2
PASSED AND ADOPTED this 1st day of June, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
FIRST AMENDMENT
TO AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
STARTUP SERVICES, MANAGEMENT, PROGRAMMING, AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
FIRST AMENDMENT TO AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
STARTUP SERVICES, MANAGEMENT, PROGRAMMING, AND OPERATIONAL SUPPORT
SERVICES FOR THE A VENTURA ARTS AND CULTURAL CENTER
This is the First Amendment to the Agreement dated February 5, 2009 ("Agreement"),
between: PERFORMING ARTS CENTER AUTHORITY (PACA), an independent special district and
a public body, politic and corporate, in Broward County organized in the State of Florida under the
laws of Florida (hereinafter "P ACA H), which is located at the Broward Center for the Performing Arts
in Broward County, Florida 33312 and the City of Aventura (hereinafter "AVENTURA"), a Florida
municipal corporation, collectively referred to as the "parties or "Parties''for food and beverage
services to include concessions and catering at the Aventura Arts & Cultural Center.
The parties agree to add an Article 8 as follows:
ARTICLE 8
FOOD AND BEVERAGE SERVICES
8.1 PACA agrees to be the primary provider of food and beverage services, to include
concessions and catering services, at the Aventura Arts & Cultural Center "MCC"). In order
to comply with liquor licensing requirements, AVENTURA acknowledges that PACA shall be
the exclusive provider of all alcoholic beverage services at the MCC.
8.2 PACA shall have the ability to sub-contract work at its discretion. In the event of a third party
caterer providing services, gross commissions paid to PACA shall be considered as
revenues for purposes of calculating monthly net operating results.
8.3 The term for the grant of this service provision shall run concurrent with the Management
Agreement in effect between PACA and AVENTURA, including any extensions or renewals
effected to the initial agreement. Notwithstanding the above, either party shall have the right
to terminate for convenience the provision of primary food and services upon giving ninety
(gO) days notice in writing to the other party of the intent to terminate.
PACA and Aventura
-1-
First Amendment-201 0
8.4 PACA shalf be primarily responsible for the staffing of food and beverage services at AACC.
Both parties acknowledge that direct labor expenses incurred in the delivery of services, to
include on-site supervisory and service personnel, shall be considered as operating
expenses for the determining monthly net operating expenses. Full-time PACA
management personnel engaged in the periodic oversight of the services shall not be
considered as operating expenses.
8.5 PACA shall receive all revenues and shall be responsible for all operating expenses
associated with the food and beverage services ("FBS") at the AACC. In consideration for
this granting of such primary rights, PACA shall remit an amount equal to fifty percent (50%)
of net profits, to be calculated on a monthly basis, to the A VENTURA. In the event that in a
given month FBS revenues do not exceed FBS expenses, PACA shall not remit any funds to
the AVENTURA, and AVENTURA shall not be responsible for any portion of the losses
incurred as a result of such operations. However, PACA shall be permitted to cross-
collateralize months for purposes of recouping losses; therefore, should an operating loss be
incurred in any month and incurred by PACA, PACA shall be entitled to retain AVENTURA's
portion of future profits up until such time as all prior losses are reimbursed or recouped by
PACA. There shall be no minimum guarantee, nor maximum cap, of net revenues to
AVENTURA.
8.6 The Liquor license shall be in the joint name of PACA in the name of "Performing Arts Center
Authority" and the "City of Aventura." PACA shall be responsible for making application for
the license, and A VENTURA shall assist in the process as necessary with any necessary
signature or administrative documents to be signed by PACA's President and CEO and
AVENTURA's City Manager. Costs for securing the license shall be amortized over the first
year of operation, and annual license fees shall be considered an operating expense of the
food and beverage services and shall be amortized equally on a monthly basis over each
operating year.
8.7 PACA shalf maintain insurance for the services to be provided herein in accordance with the
Startup Services, Management, Programming and Operational Support Services for the
Aventura Arts And Cultural Center Agreement or in the Agreement.
8.8 It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed by both
parties' authorized representatives with the same formality and of equal dignity herewith.
PACA and Aventura
-2-
First Amendment-20 10
8.9 The parties agree that all terms of the Agreement not amended herein shall remain in
full force and effect. The effective date of the First Amendment shall be the date of complete
execution by the parties.lN WITNESS WHEREOF, the parties hereto have made and executed this
First Amendment to the Agreement dated February 5, 2009, on the respective dates under each
signature: PERFORMING ARTS CENTER AUTHORITY, signing by and through its Chair or Vice
Chair, authorized to execute same by Board action on the day of ,20_,
and CITY OF AVENTURA, signing by and through its City Manager, duly authorized to execute
same.
PACA
PERFORMING ARTS CENTER AUTHORITY, an
independent special district and a public body politic and
corporate
~ ;/1flt~
r
PACA's Board Secretary Chair
\
By
.,i
/
ATTEST:
(SEAL)
fa Day of )A~'
, 20 I ()
Approved as to form by PACA's General Counsel,
County Attorney, Broward County Attorney's Office, in
the City of Fort Lauderdale Broward County, Florida
By
1L.J:;2,;::f~ (5-~-{O)
Andrea S. Froome (Date)
Senior Assistant County Attorney
PACA and Aventura
-3-
First Amendment-201 0
FIRST AMENDMENT TO AGREEMENT BETWEEN PERFORMING ARTS CENTER AUTHORITY
AND CITY OF AVENTURA FOR STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND
OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
SERVICES
AVENTURA
CITY OF A VENTURA, a municipality in the State
of Florida
By
Eric M. Soroka, City Manager
_ day of
.20
ATTEST:
APPROVED AS TO FORM:
City Clerk
By
Weiss Serota Helfman Pastoriza Cole &
Boniske, P.L.
City Attorney
(SEAL)
PACA and Aventura
-4-
First Amendment-201 0
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, ICM
City Manager ,
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
DATE: May 17,2010
SUBJECT: Request of Florida SE, Inc. for Sign Variance
Olive Garden Restaurant
17985 Biscayne Boulevard, City of Aventura
(01-SV-10)
June 1, 2010 City Commission Meeting Agenda Item b
RECOMMENDATION
It is recommended that the City Commission approve the request for variance to
permit a second wall sign measuring 50.25 square feet on the side (south)
building elevation; where one sign measuring 104 square feet is permitted by
Code, for the Olive Garden Restaurant at 17985 Biscayne Boulevard, with the
condition that the signs must substantially comply with the plans submitted with
the application, as follows:
· "Darden - Olive Garden", Site Plan, prepared by Allen Industries, Sheet 1
of7, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Aerial Site Plan, Sheet 2 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Building Elevation, Sheet 3 of 7, prepared by
Allen Industries, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Building Elevation, Sheet 4 of 7, prepared by
Allen Industries, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Sign Details, Sheet 5 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Photo Elevation, Sheet 6a of 7, prepared by
Allen Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Right Elevation, Sheet 6b of 7, prepared by
Allen Industries, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Rear/Left Elevation, Sheet 6c of 7, prepared by
Allen Industries, dated 6/17/09, last revised 3/26/10;
· "Darden - Olive Garden", Site Photos, Sheet 7 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10.
THE REQUEST
The applicant, Florida SE, Inc., is requesting variance from Section 31-
191 (g)(2)a. of the City Code to permit two wall signs on a one-story freestanding
restaurant building in the Aventura Plaza at 17985 Biscayne Boulevard, where
one wall sign is permitted by Code. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Marilyn Klompus
APPLICANT
Florida SE, Inc. (tenant)
LOCATION OF PROPERTY
17985 Biscayne Boulevard
(See Exhibit #2 for Location Map)
LEGAL DESCRIPTION
Part of the northeast -y,. of Section
9,Township 52 South, Range 42 East
and Part of the northwest -y,. of Section
10, Township 52 South, Range 42 East,
City of Aventura (See Exhibit #3 for
complete legal description)
ZONING
Subject property:
Property to the North:
Property to the South:
Property to the East:
B2, Community Business District
RMF4, Multifamily High Density
Residential District
B2, Community Business District
RMF3A, Multifamily Medium Density
Residential District
B2, Community Business District
Property to the West:
EXISTING LAND USE
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Retail Plaza
Residential Condominium
Bank and Medical Center
Residential Condominium
Retail Building
2
FUTURE LAND USE - According to the City of Aventura Comprehensive Plan,
the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Medium-High Density Residential
Business and Office
Medium-High Density Residential
Business and Office
The Site - The subject site lies within the Aventura Plaza on the east side of
Biscayne Boulevard and contains existing retail and office space. The specific
site is the former freestanding Fuddruckers' restaurant building in the northwest
corner of the plaza. This former building was demolished and a new building is
under construction to house the proposed Olive Garden Italian Restaurant.
The Project - The applicant is proposing to open a 7,441 square foot Olive
Garden Italian Restaurant in the newly constructed outbuilding on this plaza site.
The applicant has submitted a sign package for the new restaurant and is
requesting two signs; one sign on the front (west) elevation of the building facing
Biscayne Boulevard and one sign on the side (south) elevation of the building.
The sign package, showing location of the two requested wall signs, is attached
as Exhibit #4.
The new building has 104 feet of frontage. Our City's Sign Code permits one
wall sign measuring a maximum of 104 square feet. The applicant is proposing
one 50.25 square foot wall sign on the front (west) elevation of the building facing
Biscayne Boulevard and one 50.25 square foot wall sign on the southerly-facing
architectural feature. Neither of these signs faces adjacent residential property.
Citizen Comments - The Community Development Department has not received
any written or verbal citizen comments.
ANAL YSIS
Section 31-191 (g)(2)a. of the City Code regulates wall signs on retail buildings.
One wall sign per building is permitted, except two wall signs may be permitted
for corner or through locations. This is not a corner or through location. The
maximum size of the sign is one square foot for each one lineal foot of building
frontage. This building has a frontage of 104 lineal feet; therefore, one wall sign
at 104 square feet is permitted by Code.
The applicant requests approval to install two wall signs, one 50.25 square foot
sign on the front elevation of the building and one 50.25 square foot sign on the
side of the building, measuring an aggregate of 100.51 square feet. The two
3
requested signs are within the maximum sign area that would be permitted by
Code for one wall sign at this location.
The criteria for approval of sign variances are set out in Section 31-191(j)(8) of
the City of Aventura Land Development Regulations, as follows:
"The Sign Variance maintains the basic intent and purpose of these
regulations; particularly as it affects the stability and appearance of the
City and provided that the variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community. No
showing of unnecessary hardship to the land is required. "
There are three entrances to this plaza from Biscayne Boulevard; one at the
south end of the property, one in the middle and one at the north end. The
proposed wall sign on the front elevation of the building on Biscayne Boulevard
will allow drivers approaching from the north to identify the location and access
either of the plaza entrances by way of the median opening to the south on
Biscayne Boulevard. The proposed wall sign on the south elevation of the
building will allow drivers approaching from the south to identify the location and
access the plaza entrances without going past the building. The total area of the
two signs does not exceed the permitted size of 104 square feet for one wall sign
at this location.
This request does preserve the unique character of the City and is not in conflict
with the basic intent and purpose of the sign code. The signs are compatible
with surrounding land uses, will not be detrimental to the community and will
effectively index the environment. The two signs will direct customers
approaching from both the north and south of the building into the plaza
entrances.
4
Letter of Intent to request Variance
Variance from Section 31.191 Sign Regulation';
To whom it may concern:
I am writing to respectfully request a variance from the Aventura land Development Code
Section 31.191 Sign Regulations (g) Non-residential Districts 2. (a) which allows one wall sign
per ground or second floor establishment which has its own frontage and entrance facing a
public street.
The requested variance is to allow a total of two wall signs on a building with 104-linear feet of
frontage within 300-feet of Biscayne Blvd. The subject site is located within Aventura Plaza
located at 17985 Biscayne Blvd (folio 28-22-10-000-0090); it is not a corner or through lot.
A 7,441 square foot Olive Garden restaurant will replace the existing commercial building
located on the northwest corner of the parcel. As proposed, one 50- square foot sign wall sign
will be placed on the west side of the building adjacent to Biscayne Blvd. and one 50-square
foot wall sign will be placed on the south side of the building adjacent to the parking lot
viewable to northbound travelers on Biscayne Blvd. and pedestrians and motorists within the
plaza.
The two proposed signs will be identical in size, message and design and consistent with the
Olive Garden's branding campaign. They will be comprised of a lo-foot O-inch by 4-foot 6.5-
inch sign face and a 9-foot 7 inch by 4-foot 2 inch cabinet. The 'Olive Garden' letters will be 3-
inches deep and range in size from 24-inches to 32-inches. The 'Italian Restaurant' letters will
be stud mounted flush to the sign and measure % inch thick and 4-inches tall. Decorative
elements will include vines, leaves and grapes. The art book included in the submittal package
provides additional detail on the proposed signs.
The proposed sign age will enhance the business climate and appearance of the site while
identifying the use of the property. Approval of the requested variance will maintain the basic
intent of the Code in regard to stability and appearance. The signs will be constructed in a
professional manner, will be compatible with the existing signs in the general vicinity, and will
enhance the physical appearance of the site specifically and the aesthetic of the City in general.
The proposed signs are not distracting or protruding and will not clutter the area or otherwise
create an environment which will financially injure the community or disrupt the aesthetic
appearance of the neighborhood. However, the signs will improve pedestrian and vehicular
safety by clearly identifying the site.
Sincerely,
Patricia Ortiz
EXHIBIT #1
01-SV-l0
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BROWARD COUNTY
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EXHIBIT #2
01-SV-l0
LEGAL DESCRIPTION OF PROPERTY
A portion of the northeast % of Section 9, Township 52 South, Range 42 East and a
portion of the northwest % of Section 10, Township 52 South, Range 42 East, Dade
County, Florida, more particularly described as follows:
COMMENCE at the southeast corner of the said northeast % of Section 9; THENCE
run South 88 degrees 58 minutes 56 seconds West along the south line of the said
northeast % section 9 for a distance of 108.40 feet to a point; THENCE run North 50
degrees 22 minutes 52 seconds West for a distance of 472.76 feet to a point on the
easterly right of way line of U.S. Highway No.1; THENCE run North 18 degrees 36
minutes 08 seconds East along the said easterly right of way of U.S. Highway NO.1 for
a distance of 719.14 feet to the point of beginning of the parcel of land hereinafter to be
described; THENCE continue north 18 degrees 36 minutes 08 seconds east along the
aforementioned course for a distance of 664.56 feet to a point; said point lying on the
north line of the south 5/8 of the said northwest %; THENCE run South 89 degrees 32
minutes 47 seconds East along the said north line of the south 5/8 of the said northwest
% for a distance of 420.94 feet;
THENCE run South 18 degrees 36 minutes 08 seconds west along a line parallel to
and 400 feet east of as measured at right angles to the easterly right of way line of U.S.
Highway No. 1 for a distance of 795.68 feet to a point; THENCE run North 71 degrees
23 minutes 52 seconds West for a distance of 400 feet to the point of beginning.
All lying and being in Dade County, Florida and containing 6.7045 acres more or less.
EXHIBIT #3
01-SV-l0
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APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b )(2)(1) of the City of Aventura Land Development Code, this Applicant Representative Affidavit Is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permi\, which is identified in the accompanying
application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lob~yists. Etc.)
'~T\l\C\~ 00.1\2
~\\\O ~ LU:~
Co~~ULT\f\~T
CD~S,UL T\A~T
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC. 31-71(B)(2)(1V) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS --29.th DAY OF MARCH , 20 I 0
OF APPLICANT:
OWNER
By:
By:
for Florida SE, Inc.
Name:
(Signature)
(Print)
(Print)
Title:
Address: 1000 l)(Ire"''' Ce A'k-r Or
(X (()(vJo fL ?;#-'g~l
j
STATE OF FLORIDA )
COUNTY OF ORANGE )
Address:
Before me the undersigned authority personally appeared Joseph G. Kern as the..~zed representative of the
Applicant and/or the owner of the property subject to the application, who being first by me duly...sw6fn, did ~ear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and~-:c,_>/c/:__.,.:~::::i?:-~~=~:~~~
AFFIANr-"'~-' /::.::-.- .' ...
o &'
SWORN TO AND SUBSCRIBED BEFORE ME this 2.2 day of March
otary Public State of Frida At Large
Printed Name of Notary Leeanne K. Cain
My commission expires: 7-17-11
"IUH,
~\ifHs!k:.', LEEANNE K. CAIN
f. . "o~ Commission DO 695494
- ,E Expires July 17, 2011
Bonded Thru Troy Fain I/1SUlence ~5-7019
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x' applicable portions only)
tXJ1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ 12. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented. as follows:
N~ (List name of Commissioner or Advisory Board Member) who serves on the
o {\ e.- (List City Commission or City Advisory Board upon which member serves).
The nature of the Business Reiationship is as follows:
[] I. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] il. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[] iil. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board:
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Cuslomer of the member of Ihe City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[] vI. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS J.2!!L DAY OF MARCH , 20 I 0
WITNESS MY HAND THIS
DAY OF
.200_.
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
Title:
'The terms "Business Relationship," "Client,' "Customer, H ''Applicant,' "Representative" and '1nterested Person" are defined in
Section 2-395 of the A ventura City Code.
.
BUSINESS RELATIONSHIP AFFIDA vir
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with .x. applicable portions only)
ty.I1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(\] U rJ l;', ; '....- (List name of Commissioner or Advisory Board Member) who serves on the
~ (List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
I] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[] iii. The Applicant or Representative is a Client of a member of the City Commission or Boa'd or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESSMYHANDTHIS~DAYOF .~ 2001.0
~p~
By: -. .
Name: .
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DAY OF
,200_.
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
TiUe:
"The terms "Business Relationship," "Client," "Customer," "Applicant,' "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
. .
.
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x. applicable portions only)
1xl1. Affiant does JlQ1 have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
I ) 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ) i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
I) ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ) iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[) v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
[ ) vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS ~ DAY OF APf2l1-
. 2qllO
APPLICANT: ~
r---. 'I
By: ~ 1.)
Name:DV"I'hO \...') .qLLE~
Title: rnfsl C~~"'\
WITNESS MY HAND THIS
(Signature)
(Print)
(Print)
DAY OF (-\?ChL
, 2CifJ.o
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
Title:
"The terms "Business Relationship," 'Client," "Customer," "Applicant," "Representative" and .Interested Person' are defined in
Section 2-395 of the A ventura City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OFORANGE )
Before me, the undersigned autholity, personally appeared Joseph G. Kern
executed this Affidavit for the purposes stated therein and 1!lat a is true and correct
the Affiant, who being first by me duly sworn, did swear or affirm that helshe
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, A~IAN:T""';:--~----~
---,
SWORN TO AND SUBSCRIBED before me 1!lis 29th day of Mar~l1_, .zG-ro.....
.(ft0--
LEEANNE K. CAIN
Commission DD 695494
- Expires July 17, 2011
ilonllod ThN Trgy Fain Il1Iuranae IOQoll&..701~
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned autholity, personally appeared QI.,,\() ~ ~ \\E~ the Affian~ who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
otary Public State of F10nda At Large
Leeanne K. Cain
Plinled Name of Notary
My commission expires: 7-17-1]
SWORN TO AND SUBSCRIBED before me this _
JANE M HYDE
~ M'f COMMISSION #00850293
;, EXPIRES: JAN 08,2013
Bonded through 1st State Insurance
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) .----' ., \\1111111/"
1,/ LAO L \\\\ "'/.
fY\ (A.~ . I'll ~,\ I I'll.
Before me, the undersigned authority, personally appeared ~_ Z- the Affiant who being first by me duly~n, ~WJ%] ~ he/she
executed this Affidavit for the purposes stated therein and that it is true and correct " ~ .. \:.O>>MISS;o.' .. ~ \,
/. ~ :,$-',)(; 12 ~~, ~
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.....".....- . /.Y/1,_
AFFIANT = .co ~. 0, :::
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= 0 .~ 1/ . =
SWORN TO AND SUBSCRIBED before me this 2. day of A - ,200.1 () e ~ ~ '.:% DD58142,:/:' ,.. i.
~ 7- .o~ . ~ ~
. %~"~~.'~I~..."~l
~bliC State of FloJ.i..da y. ~8j!l,e """,~tc, STA"I1 cfr ~\\\#
1 L. ..Ls:) I CJ """"",,"\\\~
Print ame of Notary '~flN' L 1-
My commission expires: e- 16 a:..lL e"
---------.-----------------------.------------------------------......------------..----------.----------------------------------.----
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
.200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING A SIGN
VARIANCE FOR OLIVE GARDEN ITALIAN RESTAURANT
ON PROPERTY LOCATED AT 17985 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the Applicant, Florida SE, Inc., through Application No. 01-SV-10,
has requested a sign variance to permit two 50.25 square foot wall signs; one on the
front (west) elevation and one on the side (south) elevation of a one story building
located at 17985 Biscayne Boulevard, where one 104 square foot wall sign is permitted
by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the application for the second wall
sign on the side (south) elevation meets the criteria of the applicable codes and
ordinances to the extent the application is granted herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-SV-10 for Sign Variance to permit two wall signs
measuring 50.25 square feet each; one on the front (west) elevation and one on the
Resolution No. 2010-
Page 2
side (south) elevation of a one story restaurant building located at 17985 Biscayne
Boulevard, where one wall sign measuring 104 square feet is permitted by Code, on
property legally described in Exhibit "A" to this resolution, is hereby granted, with the
condition that the signs must substantially comply with the plans submitted with the
application, as follows:
. "Darden - Olive Garden", Site Plan, prepared by Allen Industries, Sheet 1 of 7,
dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Aerial Site Plan, Sheet 2 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Building Elevation, Sheet 3 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Building Elevation, Sheet 4 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Sign Details, Sheet 5 of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Photo Elevation, Sheet 6a of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Right Elevation, Sheet 6b of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Rear/Left Elevation, Sheet 6c of 7, prepared by Allen
Industries, dated 6/17/09, last revised 3/26/10;
. "Darden - Olive Garden", Site Photos, Sheet 7 of 7, prepared by Allen Industries,
dated 6/17/09, last revised 3/26/10.
Section 2. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
, who moved
, and upon being
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez-Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this 1st day of June, 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 2nd day of June, 2010.
CITY CLERK
Resolution No. 2010-
Page 4
EXHIBIT "An
LEGAL DESCRIPTION OF PROPERTY
A portion of the northeast % of Section 9, Township 52 South, Range 42 East and a
portion of the northwest % of Section 10, Township 52 South, Range 42 East, Dade
County, Florida, more particularly described as follows:
COMMENCE at the southeast corner of the said northeast % of Section 9; THENCE
run South 88 degrees 58 minutes 56 seconds West along the south line of the said
northeast % section 9 for a distance of 108.40 feet to a point; THENCE run North 50
degrees 22 minutes 52 seconds West for a distance of 472.76 feet to a point on the
easterly right of way line of U.S. Highway No.1; THENCE run North 18 degrees 36
minutes 08 seconds East along the said easterly right of way of U.S. Highway NO.1 for
a distance of 719.14 feet to the point of beginning of the parcel of land hereinafter to be
described; THENCE continue north 18 degrees 36 minutes 08 seconds east along the
aforementioned course for a distance of 664.56 feet to a point; said point lying on the
north line of the south 5/8 of the said northwest %; THENCE run South 89 degrees 32
minutes 47 seconds East along the said north line of the south 5/8 of the said northwest
% for a distance of 420.94 feet;
THENCE run South 18 degrees 36 minutes 08 seconds west along a line parallel to
and 400 feet east of as measured at right angles to the easterly right of way line of U.S.
Highway NO.1 for a distance of 795.68 feet to a point; THENCE run North 71 degrees
23 minutes 52 seconds West for a distance of 400 feet to the point of beginning.
All lying and being in Dade County, Florida and containing 6.7045 acres more or less.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: May 27,2010
SUBJECT: Ordinance amending Article III "Dangerous Intersection Safety" of
Chapter 48 of the City Code
1st Reading June 1, 2010 City Commission Meeting Agenda Item rJ A
2nd Reading June 17, 2010 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
Article III entitled "Dangerous Intersection Safety" of Chapter 48 of the City Code to
conform to the recently enacted Chapter 2010-80, Laws of Florida, (the "Mark Wandall
Traffic Safety Act") recently adopted by the State Legislature and signed by the
Governor.
BACKGROUND
The Florida Legislature passed CS/CS/HB325 during the 2010 Legislative Session
authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter
316 of the Florida Statutes. The Governor signed CS/CS/HB325 into law on May 13,
2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the "Mark
Wandall Traffic Safety Act" or the "Act") taking effect on July 1, 2010. The running of
red lights continues to be a safety hazard affecting every citizen and traveler in the City
of Aventura. The City wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement the Act. A copy of CS/CS/HB325 is attached.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF A VENTURA
FLORIDA AMENDING THE CITY CODE BY AMENDING
ARTICLE nI "DANGEROUS INTERSECTION SAFETY"
OF CHAPTER 48 "VEIDCLES, USE OF RIGHT OF WAY,
PARKING AND OTHER REGULATIONS"; PROVIDING
FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL
SIGNALS CONSISTENT WITH GENERAL LAW AS
PROVIDED BY CHAPTER 2010-80, LAWS OF FLORIDA
(2010); PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
SAVINGS, RATIFICATION AND RESERVATION OF
RIGHTS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Florida Legislature passed CS/CS/HB325 during the 2010 Legislative
Session authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter
316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law on May
13, 2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the "Mark
Wandall Traffic Safety Act" or the "Act") taking effect on July 1,2010; and
WHEREAS, the running of red lights continues to be a safety hazard affecting every
citizen and traveler in the City of A ventura; and
WHEREAS, the City wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement the Act; and
WHEREAS, the City Commission finds that the provisions of Article III "Dangerous
Intersection Safety" of Chapter 48 of the City Code, which were previously authorized by the
City's Home Rule authority and by Sec. 316.08 (l)(w), Florida Statutes, will be as of July 1,
2010, preempted to the State as provided by Section 3 of the Act; and
WHEREAS, the City Commission desires to amend Article III of Chapter 48 of the City
Code so as to conform with and implement the Act.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
and confirmed.
Recitals Adopted. That the recitals set forth above are hereby adopted
Ordinance No. 2010-
Page Number 2
Section 2. Dan2erous Intersection Safety. That Article III "Dangerous Intersection
Safety" of Chapter 48 "Vehicles, Use of Right of Way, Parking and Other Regulations" of the
City Code of the City of A ventura is hereby amended to read as follows, with text stricken-
through deleted from the Code of Ordinances and text in bold and underline added to the Code of
Ordinances:
Sec. 48-25. Intent.
The purpose of this article is to authorize the use of an umnanned cameras/monitoring
system traffic infraction detectors to promote compliance with red light signal
directives as proscribed by this article, and to adopt a civil enforcement system for red
light signal violations. all in accord with 2eneral law. includin2 Chapter 2010-80.
Laws of Florida (2010) (the "Mark Wandall Traffic Safety Act" or the "Act"). This
article will also supplement law enforcement personnel in the enforcement of red light
signal violations and shall not prohibit law enforcement officers from issuing a citation
for a red light signal violation in accordance with other routine statutory traffic
enforcement techniques.
Sec. 48-26. Use of Image Capture Technologies
The city shall utilize image capture technologiestraffic infraction detectors as-a
supplemental pursuant to 2eneral law as a means of monitoring compliance with laws
related to traffic control signals, while assisting law enforcement personnel in the
enforcement of such laws, which are designed to protect and improve public health,
safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws.
Nothing herein shall conflict with the primary jurisdiction of Miami-Dade County to
install and maintain traffic signal devices. This article shall serve to enable the City to
provide enhanced enforcement and respect for authorized traffic signal devices pursuant
to Florida Statutes. Sections 316.008 and 316.0083 (2010). The city may utilize image
captlHe teclmologies traffic infraction detectors as an ancillary deterrent to traffic
control signal violations and to thereby reduce accidents and injuries associated with such
violations. Notices of infractions issued plHsuant to this article shall be addressed using
the city s ovm Special Masters plHsaant to i\rticle V of Chapter 2 of the City Code and
not through uniform traffic citations or connty courts This section shall not bar the use of
nniform traffic oitations and the connty courts when city police personnel deoide not to
rely on this article as the enforcement mechanism for a specific violation.
Ordinance No. 2010-
Page Number 3
Sec. 48-27. Definitions
The following definitions shall apply to this article:
8PECIAL 1L\8TER The City s Code Enforcement 8pecial Master as described in
Chapter 2 l\rticle V of the City Code.
Traffic C01'ltr--e! Infraction EnforcementRe'dew Officer. The City Police Department
employee designated, pursuant to subsection 48-31(b) herein, to review recorded images
and issue red zone infractions based upon those images.
Traffic C81'ltl'fJ! signoll9'l8nitering system/device. An electronic system consistiflg of one
or more ',ehicle sensors, working in conjunction with a traffic control signal, still camera
and video recording device, to capture and produce recorded images of motor ',chicles
entering an imersection against a steady red light sigflal indication.
Traffic infraction detector. A vehicle sensor(s) installed to work in coni unction with
a traffic control simal and a camera or cameras synchronized to automatically
record two or more seauenced photoe:raphic or electronic imae:es or streamine: video
of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop
bar or clearly marked stop line when facine: a traffic control sie:nal steady red lie:ht.
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
(a) Pursuant to e:eneral law. Mmotor vehicle traffic facing a traffic control signal's
steady red light indication shall stop before entering the crosswalk on the near side of an
intersection or if none then before entering the intersection and shall remain standing
until a green indication is shown on the traffic control signal; however, the driver of a
vehicle which is approachine: stopped at a clearly marked stop line, but if none, is
approachine: before entering the crosswalk on the near side of the intersection or, if
none, then is approachine: at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering the
intersection in obedience of a steady red traffic control signal, may make a right turn in a
careful and prudent manner (unless such turn is otherwise prohibited by posted sign or
other traffic control device) but shall yield right-of-way to pedestrians and other traffic
proceeding as directed by the traffic control signal at the intersection.
(b) Pursuant to e:enerallaw. Mmotor vehicle traffic facing a traffic control signal that is
malfunctioning, inoperable or is emitting a flashing red light shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on the near side of the
Ordinance No. 2010-
Page Number 4
intersection, or if none, then at the point nearest to the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after making
a stop at a stop sign. In the event that only some of the traffic control signals within an
intersection are malfunctioning, inoperative or emitting a flashing red light the driver of
the vehicle approaching the malfunctioning, inoperative or flashing red traffic control
signal shall stop in the above prescribed manner.
Sec. 48-29. Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of section 48-28. Violations shall be
enforced pursuant to section 18 31F.S. 6316.0083.
See. 48 30. Ninety day notiee; introduetory period.
The Police Chief shall notify the City Manager v..hen the red light camera system is
operating correctly at the initial location established. For the 90 days following said
notification, 1.IDless the driyer of a vehicle received a citation from a Police Officer at the
time of a red zone infraetion in aecordance with routioo traffic enforcement techniques,
the '/ehicle o';mer shall receive a v.'llnring in the form of a courtesy notice of the
'/iolation. Commencing 91 days after the aboye referenced notification, the yehicle O'.vner
is subject to the enforcement provisions as provided herein and no warning shall be given
pursuant to this artiele.
Sec. 48-30. Implementation of General Law.
Within the City. the City Manae:er is authorized to implement the provisions and
reQuirements of Chapter 2010- 80. Laws of Florida (2010). as may be amended from
time to time. and may take any action which is necessarv for such purpose.
Sec. 48-31. Review of recorded images.
(a) The owner of the vehicle which is observed by recorded images committing a red
zone infraction, shall be issued a notice of violation (hereinafter also known as a "notice")
no later than thirty (30) days after the red zone infraction occurs. The recorded
image shall be sufficient grounds to issue a notice.
Ordinance No. 2010-
Page Number 5
(b) The City's Chief of Police shall designate one or more a- Traffic Control Infraction
Enforcement Review Officer~, who shall be a-Police Officer~ of the City efand who
shall meet the qualifications set forth in F.S. ~ 316.640(5)(A), or any other relevant
statute. The Traffic Control Infraction EnforcementReview Officer shall review
recorded images prior to the issuance of a notice to ensure the accuracy and integrity of
the recorded images. Once the Traffic Control Infraction EnforcementReview Officer
has verified the accuracy of the recorded images, he or she shall complete a report, and a
notice shall be sent to the vehicle owner at the address on record with the Florida
Department of Highway Safety and Motor Vehicles or the address on record with the
appropriate agency having such information in another state.
( c) If a vehicle owner receivine: a notice fails to Day the Denaltv imDosed by F .S. ~
316.0083 or to Drovide an affidavit that comDlies with the Drovisions of F.S. ~
316.0083 within thirty (30) days of the date the notice is issued. then a Uniform
Traffic Citation shall be issued to the vehicle owner as Drovided bv e:enerallaw. The
Uniform Traffic Citation shall be issued no later than sixty (60) days after the red
zone infraction occurs.
Sec. 48-32. Notice of violation.
The notice of a red zone infraction shall be served via regular first class mail, and shall
be in the form as provided for in section 2 310 of the City Code, as applieable, but and
shall-alse include:
(1) The name and address of the vehicle owner;
(2) The license plate number and registration number of the vehicle;
(3) The make, model, and year of the vehicle;
(4) Notice that the infraction charged is pursuant to this article;
(5) The date and time of the infraction:
(~6) The location of the intersection where the infraction occurred;
(67) Notice that there are recorded images relating to the vehicle and a statement that
the recorded images are evidence of a red zone infraction;A statement that the owner
has the rie:ht to review the recorded imae:es that constitute a rebuttable DresumDtion
Ordinance No. 2010-
Page Number 6
ae:ainst the owner. toe:ether with a statement of the time and place or Internet
location where the evidence may be observed:
(78) Images depicting the infraction;
(9) Instructions on all methods of payment of the penalty:
(10) A statement specifvine: the remedies available under F.S. 6318.14:
(11) A statement that the owner must pay a penalty of $158 to the City or provide
an affidavit that complies with F.S. 6316.0083 within thirty (30) days of the date the
notice is issued in order to avoid court fees. costs. and the issuance of a Uniform
Traffic Citation:
(8--ll) A signed statement by the Traffic Control Infraction EnforcementReyiew
Officer that, based on inspection of recorded images, the vehicle was involved in and was
utilized to commit a red zone infraction.
Sec.48-41. Signage.
The City shall, to the eKtent practicable, at the primary motor yehiele eRtry points to the
City, cause to be erected and maintained signs, which substantially meet the design
specifications indicated in EKhibit '?..", proyiding notice of this article. Failure to erect,
maintain or create these signs shaH not invalidate or impair any enforcement of this
article.
When the City installs a traffic infraction detector at an intersection. it shall erect
sie:nae:e at the intersection sufficient to notify the public that a traffic infraction
detector may be in use at the intersection and shall include specific notification of
intersection safety camera enforcement of violations concernine: rie:ht turns. Such
sie:nae:e shall meet the specifications for uniform sie:nals and devices adopted by the
Department of Transportation pursuant to F.S. 6316.0745.
Section 3. Repeal. That Sections 48-33 through and including 48-40 of Article III of
Chapter 48 of the City Code, as created by Ordinance 2007-15, as amended, a copy of which
repealed sections are set forth in Exhibit "A" attached hereto and incorporated herein for
convenience of reference, are hereby repealed.
Section 4. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
Ordinance No. 2010-
Page Number 7
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. That 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 A ventura, 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.
Savings, Ratification and Reservation of Rights.
A. That, in accordance with paragraph (C) below of this Section 6, all fines,
penalties, fees and costs imposed pursuant to the provisions of Article III of Chapter 48 of the
City Code, which provisions existed immediately prior to July 1, 2010, are hereby authorized,
approved, ratified and confirmed, and shall continue to be due and owing until paid to City.
B. That the Special Master operating pursuant to Article V of Chapter 2 of the City
Code, shall continue to have jurisdiction over any violations for which a hearing has been timely
requested by the violator pursuant to the provisions of Article III of Chapter 48 of the City Code
which existed immediately prior to July 1,2010.
C. That notwithstanding any other provision of this Ordinance above, the provisions
of the Article III of Chapter 48 of the City Code, which existed immediately prior to July 1,
20 I 0, shall remain in full force and effect solely to the extent necessary to effectuate paragraphs
(A) and (B) above of this Section 6, but shall not be applicable to any violation that occurred
from and after July 1,2010.
D. That City hereby preserves and reserves each and every right, power, authority,
benefit and exemption bestowed upon City and City's Dangerous Intersection Safety Program
(the "Program") pursuant to CS/HB 325 as enacted by Chapter 2010-80, Laws of Florida (2010),
including but not limited to any right, power, authority, benefit and/or exemption vested in City
or City's Program as having been established prior to July 1, 2010 or before other deadlines
established by the Act..
Section 7. Effective Date. That following adoption of this Ordinance on second
reading, this Ordinance shall be in full force and effect from and after July 1,2010.
Ordinance No. 2010-
Page Number 8
who
The foregoing Ordinance was offered by Commissioner
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 Ten Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
who
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 1st day of June, 2010.
Ordinance No. 2010-
Page Number 9
PASSED AND ADOPTED on second reading this _ day of July, 2010.
SUSAN GOTTLIEB, MA YOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT" A"
(Note: City Code Sections (48-33 to 48-40, inclusive) which are set forth in this Exhibit "A" are
hereby repealed pursuant to Section 3 of the above Ordinance.)
Sec. 48-33. Vehicle owner responsibilities.
(a) A vehicle owner receiving a notice may:
(1) Pay the assessed civil penalty pursuant to instructions on the notice; or
(2) Appear before the Special Master to contest the notice.
(b) The failure to pay the assessed civil penalty and failure to appear before the Special
Master to contest the notice will be considered an admission of liability and in such case
an order may be entered against the violator for an amount up to the maximum civil
penalty, plus any administrative costs.
(Ord. No. 2007-15,92, 10-18-07)
Sec. 48-34. Hearing before the Special Master.
(a) The City's Code Enforcement Special Masters are authorized to hold hearings related
to the enforcement of this article. A hearing shall be scheduled for all notices for which
the vehicle owner timely requests an administrative hearing.
(b) Upon receipt of the named violator's timely request for an administrative hearing,
the City shall schedule a hearing before the Special Master pursuant to section 2-342 of
the City Code. Notice of hearing shall be provided to the vehicle owner pursuant to the
notice provisions contained in Article V of Chapter 2 of the City Code.
(c) The hearing shall be held pursuant to the procedures set forth in Article V of Chapter
2 of the City Code. The Traffic Control Infraction Review Officer may testify at the
hearing. The vehicle owner may present testimony and evidence.
(d) Recorded images indicating a red zone infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the City's Special
Master to enforce the provisions of this article, and shall constitute prima facie evidence
of the violation.
(e) Unless an affidavit is provided pursuant to section 48-35, it is presumed that the
person registered as the vehicle owner with the Florida Department of Motor Vehicles or
any other state vehicle registration office, or an individual having the owner's consent,
was operating the vehicle at the time of a red zone infraction.
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(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-35. Vehicle owner affidavit of non-responsibility.
(a) In order for the vehicle owner to establish that the motor vehicle was, at the time of
the red zone infraction, either: (1) in the care, custody, or control of another person
without the consent of the registered owner or (2) was subject to a short term (less than
six months) car rental agreement entered into between a car rental agency, which is
licensed as required by applicable law and is authorized to conduct business in the State
of Florida, and the operator of the vehicle, the vehicle owner is required, within 20 days
from the date listed on the notice, to furnish to the City, an affidavit setting forth the
circumstances demonstrating, either: (1) that the motor vehicle was not in the vehicle
owner's care, custody, or control, and was not in the care, custody or control of another
person with the vehicle owner's consent or (2) that the motor vehicle was subject to a
short term (less than six months) rental agreement between the car rental agency
receiving the notice and the vehicle operator and provide a true and correct copy of the
short term car rental agreement, as applicable. The affidavit must be executed in the
presence of a notary, and include:
(1) If known to the vehicle owner, the name, address, and the driver's license
number of the person who had care, custody, or control of the motor vehicle,
without the vehicle owner's consent, at the time of the alleged red zone infraction;
or
(2) The name, address and drivers license number of the person who rented the
motor vehicle from the car rental agency which has received the notice, at the
time of the alleged red zone infraction; or
(3) Ifthe vehicle was stolen, the police report indicating the vehicle was stolen at
the time of the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under
penalties of perjury, I declare that I have read the foregoing affidavit and that the
facts stated in it are true."
(b) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution
of the notice issued to the vehicle owner shall be terminated. Proceedings may be
commenced by the City against the responsible person identified in the affidavit, and in
such event, the responsible person shall be subject to the same process and procedures
which are applicable to vehicle owners.
(Ord. No. 2007-15, S 2, 10-18-07)
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Sec. 48-36. Administrative charges.
In addition to the penalty pursuant to section 48-39 herein, administrative charges may be
assessed pursuant to Article V of Chapter 2 of the City Code in the event of a hearing and/or the
necessity to institute collection procedures arises.
(Ord. No. 2007-15, ~ 2, 10-18-07)
Sec. 48-37. Collection of fines.
Collection of fines shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
(Ord. No. 2007-15, ~ 2, 10-18-07)
Sec. 48-38. Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions (unless no
citation or charge is issued for a violation of a state statute related to said collision) or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
in any case where the operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication for the same event or incident.
(Ord. No. 2007-15, ~ 2, 10-18-07)
Sec. 48-39. Penalty.
A violation of this article shall be deemed a non-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. ~ 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
(Ord. No. 2007-15, ~ 2, 10-18-07)
Sec. 48-40. Enforcement.
This article may be enforced by any other means available to the City.
(Ord. No. 2007-15, ~ 2, 10-18-07)
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A bill to be entitled
An act relating to uniform traffic control; providing a
short title; amending s. 316.003, F.S.; defining the term
"traffic infraction detector"; creating s. 316.0076, F.S.;
preempting to the state the use of cameras to enforce
traffic laws; amending s. 316.008, F.S.; authorizing
counties and municipalities to use traffic infraction
detectors under certain circumstances; creating s.
316.0083, F.S.; creating the Mark Wandall Traffic Safety
Program; authorizing the Department of Highway Safety and
Motor Vehicles, a county, or a municipality to use a
traffic infraction detector to identify a motor vehicle
that fails to stop at a traffic control signal steady red
light; requiring authorization of a traffic infraction
enforcement officer to issue and enforce a citation for
such violation; requiring notification to be sent to the
registered owner of the motor vehicle involved in the
violation; requiring the notification to include certain
information about the owner's right to review evidence;
providing requirements for the notification; providing for
collection of penalties; providing for distribution of
penalties collected; providing that an individual may not
receive a commission or per-ticket fee from any revenue
collected from violations detected through the use of a
traffic infraction detector and a manufacturer or vendor
may not receive a fee or remuneration based upon the
number of violations detected through the use of a traffic
infraction detector; providing procedures for issuance,
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disposition, and enforcement of citations; providing for
exemptions; providing that certain evidence is admissible
for enforcement; providing penalties for submission of a
false affidavit; prohibiting the use of such detectors to
enforce a violation when a driver fails to stop prior to
making a right or left turn; providing that the act does
not preclude the issuance of citations by law enforcement
officers; requiring reports from participating
municipalities and counties to the department; requiring
the department to make reports to the Governor and
Legislature; amending s. 316.0745, F.S.; revising a
provision that requires certain remotely operated traffic
control devices to meet certain specifications; creating
s. 316.07456, F.S.; requiring traffic infraction detectors
to meet specifications established by the Department of
Transportation; providing that a traffic infraction
detector acquired by purchase, lease, or other arrangement
under an agreement entered into by a county or
municipality on or before a specified date is not required
to meet the established specifications until a specified
date; creating s. 316.0776, F.S.; providing for the
placement and installation of detectors on certain roads
when permitted by and under the specifications of the
department; requiring that if the state, county, or
municipality installs a traffic infraction detector at an
intersection, the state, county, or municipality shall
notify the public that a traffic infraction device may be
ln use at that intersection; requiring that such signage
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posted at the intersection meet the specifications for
uniform signals and devices adopted by the Department of
Transportation; requiring that traffic infraction
detectors meet specifications established by the
Department of Transportation; requiring a public awareness
campaign if such detectors are to be used; amending s.
316.640, F.S.; requiring the Department of Transportation
to develop training and qualification standards for
traffic infraction enforcement officers; authorizing
counties and municipalities to use independent contractors
as traffic infraction enforcement officers; amending s.
316.650, F.S.; requiring a traffic enforcement officer to
provide to the court a replica of the citation data by
electronic transmission under certain conditions; amending
s. 318.14, F.S.; providing an exception from provisions
requiring a person cited for an infraction for failing to
stop at a traffic control signal steady red light to sign
and accept a citation indicating a promise to appear;
amending s. 318.18, F.S.; increasing certain fines;
providing for penalties for infractions enforced by a
traffic infraction enforcement officer; providing for
distribution of fines; allowing the clerk of court to
dismiss certain cases upon receiving documentation that
the uniform traffic citation was issued in error;
providing that an individual may not receive a commission
or per-ticket fee from any revenue collected from
violations detected through the use of a traffic
infraction detector and a manufacturer or vendor may not
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receive a fee or remuneration based upon the number of
violations detected through the use of a traffic
infraction detector; creating s. 321.50, F.S.; authorizing
the Department of Highway Safety and Motor Vehicles to use
traffic infraction detectors under certain circumstances;
amending s. 322.27, F.S.; providing that no points may be
assessed against the driver's license for infractions
enforced by a traffic infraction enforcement officer;
providing that infractions enforced by a traffic
infraction enforcement officer may not be used for
purposes of setting motor vehicle insurance rates;
requiring the retention of certain penalty proceeds
collected prior to the Department of Revenue's ability to
receive and distribute such funds; providing an
appropriation and for carryforward of any unexpended
balance; providing for severability; providing effective
dates.
103 Be It Enacted by the Legislature of the State of Florida:
104
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Section 1. This act may be cited as the "Mark Wandall
106 Traffic Safety Act."
107
Section 2. Subsection (86) is added to section 316.003,
108 Florida Statutes, to read:
109
316.003 Definitions.-The following words and phrases, when
110 used in this chapter, shall have the meanings respectively
111 ascribed to them in this section, except where the context
112 otherwise requires:
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113
(86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
114 installed to work in conjunction with a traffic control signal
115 and a camera or cameras synchronized to automatically record two
116 or more sequenced photographic or electronic images or streaming
117 video of only the rear of a motor vehicle at the time the
118 vehicle fails to stop behind the stop bar or clearly marked stop
119 line when facing a traffic control signal steady red light. Any
120 notification under s. 316.0083(1) (b) or traffic citation issued
121 by the use of a traffic infraction detector must include a
122 photograph or other recorded image showing both the license tag
123 of the offending vehicle and the traffic control device being
124 violated.
125
Section 3. Section 316.0076, Florida Statutes, is created
126 to read:
127
316.0076 Regulation and use of cameras.-Regulation of the
128 use of cameras for enforcing the provisions of this chapter is
129 expressly preempted to the state. The regulation of the use of
130 cameras for enforcing the provisions of this chapter is not
131 required to comply with provisions of chapter 493.
132
Section 4. Subsection (7) is added to section 316.008,
133 Florida Statutes, to read:
134
135
316.008 Powers of local authorities.-
(7) (a) A county or municipality may use traffic infraction
136 detectors to enforce s. 316.074(1) or s. 316.075(1) (c)l. when a
137 driver fails to stop at a traffic signal on streets and highways
138 under their jurisdiction under s. 316.0083. Only a municipality
139 may install or authorize the installation of any such detectors
140 within the incorporated area of the municipality. Only a county
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141 may install or authorize the installation of any such detectors
142 within the unincorporated area of the county.
143
(b) Pursuant to paragraph (a), a municipality may install
144 or, by contract or interlocal agreement, authorize the
145 installation of any such detectors only within the incorporated
146 area of the municipality, and a county may install or, by
147 contract or interlocal agreement, authorize the installation of
148 any such detectors only within the unincorporated area of the
149 county. A county may authorize installation of any such
150 detectors by interlocal agreement on roads under its
151 jurisdiction.
152
Section 5. Section 316.0083, Florida Statutes, is created
153 to read:
154
316.0083 Mark Wandall Traffic Safety Program;
155 administration; report.-
156
(1) (a) For purposes of administering this section, the
157 department, a county, or a municipality may authorize a traffic
158 infraction enforcement officer under s. 316.640 to issue a
159 traffic citation for a violation of s. 316.074(1) or s.
160 316.075(1) (c)l. A notice of violation and a traffic citation may
161 not be issued for failure to stop at a red light if the driver
162 is making a right-hand turn in a careful and prudent manner at
163 an intersection where right-hand turns are permissible. This
164 paragraph does not prohibit a review of information from a
165 traffic infraction detector by an authorized employee or agent
166 of the department, a county, or a municipality before issuance
167 of the traffic citation by the traffic infraction enforcement
168 officer. This paragraph does not prohibit the department, a
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169 county, or a municipality from issuing notification as provided
170 in paragraph (b) to the registered owner of the motor vehicle
171 involved in the violation of s. 316.074(1) or s. 316.075(1) (c)l.
172 (b)l.a. Within 30 days after a violation, notification
173 must be sent to the registered owner of the motor vehicle
174 involved in the violation specifying the remedies available
175 under s. 318.14 and that the violator must pay the penalty of
176 $158 to the department, county, or municipality, or furnish an
177 affidavit in accordance with paragraph (d), within 30 days
178 following the date of the notification in order to avoid court
179 fees, costs, and the issuance of a traffic citation. The
180 notification shall be sent by first-class mail.
181 b. Included with the notification to the registered owner
182 of the motor vehicle involved in the infraction must be a notice
183 that the owner has the right to review the photographic or
184 electronic images or the streaming video evidence that
185 constitutes a rebuttable presumption against the owner of the
186 vehicle. The notice must state the time and place or Internet
187 location where the evidence may be examined and observed.
188 2. Penalties assessed and collected by the department,
189 county, or municipality authorized to collect the funds provided
190 for in this paragraph, less the amount retained by the county or
191 municipality pursuant to subparagraph 3., shall be paid to the
192 Department of Revenue weekly. Payment by the department, county,
193 or municipality to the state shall be made by means of
194 electronic funds transfers. In addition to the payment, summary
195 detail of the penalties remitted shall be reported to the
196 Department of Revenue.
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197 3. Penalties to be assessed and collected by the
198 department, county, or municipality are as follows:
199 a. One hundred fifty-eight dollars for a violation of s.
200 316.074(1) or s. 316.075(1) (cl1. when a driver has failed to
201 stop at a traffic signal if enforcement is by the department's
202 traffic infraction enforcement officer. One hundred dollars
203 shall be remitted to the Department of Revenue for deposit into
204 the General Revenue Fund, $10 shall be remitted to the
205 Department of Revenue for deposit into the Department of Health
206 Administrative Trust Fund, $3 shall be remitted to the
207 Department of Revenue for deposit into the Brain and Spinal Cord
208 Injury Trust Fund, and $45 shall be distributed to the
209 municipality in which the violation occurred, or, if the
210 violation occurred in an unincorporated area, to the county in
211 which the violation occurred. Funds deposited into the
212 Department of Health Administrative Trust Fund under this sub-
213 subparagraph shall be distributed as provided in s. 395.4036(ll.
214 Proceeds of the infractions in the Brain and Spinal Cord Injury
215 Trust Fund shall be distributed quarterly to the Miami Project
216 to Cure Paralysis and shall be used for brain and spinal cord
217 research.
218 b. One hundred fifty-eight dollars for a violation of s.
219 316.074(ll or s. 316.075(1) (cl1. when a driver has failed to
220 stop at a traffic signal if enforcement is by a county or
221 municipal traffic infraction enforcement officer. Seventy
222 dollars shall be remitted by the county or municipality to the
223 Department of Revenue for deposit into the General Revenue Fund,
224 $10 shall be remitted to the Department of Revenue for deposit
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225 into the Department of Health Administrative Trust Fund, $3
226 shall be remitted to the Department of Revenue for deposit into
227 the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
228 retained by the county or municipality enforcing the ordinance
229 enacted pursuant to this section. Funds deposited into the
230 Department of Health Administrative Trust Fund under this sub-
231 subparagraph shall be distributed as provided in s. 395.4036(1}.
232 Proceeds of the infractions in the Brain and Spinal Cord Injury
233 Trust Fund shall be distributed quarterly to the Miami Project
234 to Cure Paralysis and shall be used for brain and spinal cord
235 research.
236 4. An individual may not receive a commission from any
237 revenue collected from violations detected through the use of a
238 traffic infraction detector. A manufacturer or vendor may not
239 receive a fee or remuneration based upon the number of
240 violations detected through the use of a traffic infraction
241 detector.
242 (cll.a. A traffic citation issued under this section shall
243 be issued by mailing the traffic citation by certified mail to
244 the address of the registered owner of the motor vehicle
245 involved in the violation when payment has not been made within
246 30 days after notification under subparagraph (b}l.
247 b. Delivery of the traffic citation constitutes
248 notification under this paragraph.
249 c. In the case of joint ownership of a motor vehicle, the
250 traffic citation shall be mailed to the first name appearing on
251 the registration, unless the first name appearing on the
252 registration is a business organization, in which case the
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253 second name appearing on the registration may be used.
254
d. The traffic citation shall be mailed to the registered
255 owner of the motor vehicle involved in the violation no later
256 than 60 days after the date of the violation.
257
2. Included with the notification to the registered owner
258 of the motor vehicle involved in the infraction shall be a
259 notice that the owner has the right to review, either in person
260 or remotely, the photographic or electronic images or the
261 streaming video evidence that constitutes a rebuttable
262 presumption against the owner of the vehicle. The notice must
263 state the time and place or Internet location where the evidence
264 may be examined and observed.
(d}l. The owner of the motor vehicle involved in the
265
266 violation is responsible and liable for paying the uniform
267 traffic citation issued for a violation of s. 316.074(ll or s.
268 316.075(1) (c}l. when the driver failed to stop at a traffic
269 signal, unless the owner can establish that:
a. The motor vehicle passed through the intersection in
270
271 order to yield right-of-way to an emergency vehicle or as part
272 of a funeral procession;
b. The motor vehicle passed through the intersection at
273
274 the direction of a law enforcement officer;
275
c. The motor vehicle was, at the time of the violation, in
276 the care, custody, or control of another person; or
277
d. A uniform traffic citation was issued by a law
278 enforcement officer to the driver of the motor vehicle for the
279 alleged violation of s. 316.074(l) or s. 316.075(1) (c}l.
2. In order to establish such facts, the owner of the
280
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281 motor vehicle shall, within 30 days after the date of issuance
282 of the traffic citation, furnish to the appropriate governmental
283 entity an affidavit setting forth detailed information
284 supporting an exemption as provided in this paragraph.
285 a. An affidavit supporting an exemption under sub-
286 subparagraph l.c. must include the name, address, date of birth,
287 and, if known, the driver's license number of the person who
288 leased, rented, or otherwise had care, custody, or control of
289 the motor vehicle at the time of the alleged violation. If the
290 vehicle was stolen at the time of the alleged offense, the
291 affidavit must include the police report indicating that the
292 vehicle was stolen.
293 b. If a traffic citation for a violation of s. 316.074(1}
294 or s. 316.075(1} (c)l. was issued at the location of the
295 violation by a law enforcement officer, the affidavit must
296 include the serial number of the uniform traffic citation.
297 3. Upon receipt of an affidavit, the person designated as
298 having care, custody, and control of the motor vehicle at the
299 time of the violation may be issued a traffic citation for a
300 violation of s. 316.074(1) or s. 316.075(1} (c)l. when the driver
301 failed to stop at a traffic signal. The affidavit is admissible
302 in a proceeding pursuant to this section for the purpose of
303 providing proof that the person identified in the affidavit was
304 in actual care, custody, or control of the motor vehicle. The
305 owner of a leased vehicle for which a traffic citation is issued
306 for a violation of s. 316.074(ll or s. 316.075(1) (c}l. when the
307 driver failed to stop at a traffic signal is not responsible for
308 paying the traffic citation and is not required to submit an
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309 affidavit as specified ln this subsection if the motor vehicle
310 involved in the violation is registered in the name of the
311 lessee of such motor vehicle.
312
4. The submission of a false affidavit is a misdemeanor of
313 the second degree, punishable as provided in s. 775.082 or s.
314 775.083.
315
(e) The photographic or electronic images or streaming
316 video attached to or referenced in the traffic citation is
317 evidence that a violation of s. 316.074(1) or s. 316.075(1) (c)l.
318 when the driver failed to stop at a traffic signal has occurred
319 and is admissible in any proceeding to enforce this section and
320 raises a rebuttable presumption that the motor vehicle named in
321 the report or shown in the photographic or electronic images or
322 streaming video evidence was used in violation of s. 316.074(1)
323 or s. 316.075(1) (c)l. when the driver failed to stop at a
324 traffic signal.
(2l A notice of violation and a traffic citation may not
325
326 be issued for failure to stop at a red light if the driver is
327 making a right-hand turn in a careful and prudent manner at an
328 intersection where right-hand turns are permissible.
329
(3) This section supplements the enforcement of s.
330 316.074(ll or s. 316.075(1) (c)l. by law enforcement officers
331 when a driver fails to stop at a traffic signal and does not
332 prohibit a law enforcement officer from issuing a traffic
333 citation for a violation of s. 316.074(1) or s. 316.075(1) (c)l.
334 when a driver fails to stop at a traffic signal in accordance
335 with normal traffic enforcement techniques.
336
(4) (a) Each county or municipality that operates a traffic
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337 infraction detector shall submit a report by October 1, 2012,
338 and annually thereafter, to the department which details the
339 results of using the traffic infraction detector and the
340 procedures for enforcement for the preceding state fiscal year.
341 The information submitted by the counties and municipalities
342 must include statistical data and information required by the
343 department to complete the report required under paragraph (b).
344
(b) On or before December 31, 2012, and annually
345 thereafter, the department shall provide a summary report to the
346 Governor, the President of the Senate, and the Speaker of the
347 House of Representatives regarding the use and operation of
348 traffic infraction detectors under this section, along with the
349 department's recommendations and any necessary legislation. The
350 summary report must include a review of the information
351 submitted to the department by the counties and municipalities
352 and must describe the enhancement of the traffic safety and
353 enforcement programs.
354
Section 6. Subsection (6) of section 316.0745, Florida
355 Statutes, is amended to read:
356
357
316.0745 Uniform signals and devices.-
(6) Any system of traffic control devices controlled and
358 operated from a remote location by electronic computers or
359 similar devices must 8h~11 meet all requirements established for
360 the uniform system, and, if \ihcrc such a system affects ayotcmo
361 ~ffcct the movement of traffic on state roadsL the design of the
362 system shall be reviewed and approved by the Department of
363 Transportation.
364
Section 7. Section 316.07456, Florida Statutes, is created
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365 to read:
366 316.07456 Transitional implementation.-Any traffic
367 infraction detector deployed on the highways, streets, and roads
368 of this state must meet specifications established by the
369 Department of Transportation, and must be tested at regular
370 intervals according to specifications prescribed by the
371 Department of Transportation. The Department of Transportation
372 must establish such specifications on or before December 31,
373 2010. However, any such equipment acquired by purchase, lease,
374 or other arrangement under an agreement entered into by a county
375 or municipality on or before July 1, 2011, or equipment used to
376 enforce an ordinance enacted by a county or municipality on or
377 before July 1, 2011, is not required to meet the specifications
378 established by the Department of Transportation until July 1,
379 2011.
380 Section 8. Section 316.0776, Florida Statutes, is created
381 to read:
382 316.0776 Traffic infraction detectors; placement and
383 installation.-
384 (1) Traffic infraction detectors are allowed on state
385 roads when permitted by the Department of Transportation and
386 under placement and installation specifications developed by the
387 Department of Transportation. Traffic infraction detectors are
388 allowed on streets and highways under the jurisdiction of
389 counties or municipalities in accordance with placement and
390 installation specifications developed by the Department of
391 Transportation.
392 (2) (a) If the department, county, or municipality installs
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393 a traffic infraction detector at an intersection, the
394 department, county, or municipality shall notify the public that
395 a traffic infraction device may be in use at that intersection
396 and must specifically include notification of camera enforcement
397 of violations concerning right turns. Such signage used to
398 notify the public must meet the specifications for uniform
399 signals and devices adopted by the Department of Transportation
400 pursuant to s. 316.0745.
401 (b) If the department, county, or municipality begins a
402 traffic infraction detector program in a county or municipality
403 that has never conducted such a program, the respective
404 department, county, or municipality shall also make a public
405 announcement and conduct a public awareness campaign of the
406 proposed use of traffic infraction detectors at least 30 days
407 before commencing the enforcement program.
408 Section 9. Paragraph (b) of subsection (I) and subsection
409 (5l of section 316.640, Florida Statutes, are amended to read:
410 316.640 Enforcement.-The enforcement of the traffic laws
411 of this state is vested as follows:
412 (1) STATE.-
413 (b)l. The Department of Transportation has authority to
414 enforce on all the streets and highways of this state all laws
415 applicable within its authority.
416 2.a. The Department of Transportation shall develop
417 training and qualifications standards for toll enforcement
418 officers whose sole authority is to enforce the payment of tolls
419 pursuant to s. 316.1001. Nothing in this subparagraph shall be
420 construed to permit the carrying of firearms or other weapons,
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421 nor shall a toll enforcement officer have arrest authority.
422 b. For the purpose of enforcing s. 316.1001, governmental
423 entities, as defined in s. 334.03, which own or operate a toll
424 facility may employ independent contractors or designate
425 employees as toll enforcement officers; however, any such toll
426 enforcement officer must successfully meet the training and
427 qualifications standards for toll enforcement officers
428 established by the Department of Transportation.
429 3. For the purpose of enforcing s. 316.0083, the
430 department may designate employees as traffic infraction
431 enforcement officers. A traffic infraction enforcement officer
432 must successfully complete instruction in traffic enforcement
433 procedures and court presentation through the Selective Traffic
434 Enforcement Program as approved by the Division of Criminal
435 Justice Standards and Training of the Department of Law
436 Enforcement, or through a similar program, but may not
437 necessarily otherwise meet the uniform minimum standards
438 established by the Criminal Justice Standards and Training
439 Commission for law enforcement officers or auxiliary law
440 enforcement officers under s. 943.13. This subparagraph does not
441 authorize the carrying of firearms or other weapons by a traffic
442 infraction enforcement officer and does not authorize a traffic
443 infraction enforcement officer to make arrests. The department's
444 traffic infraction enforcement officers must be physically
445 located in the state.
446 (5) (a) Any sheriff's department or police department of a
447 municipality may employ, as a traffic infraction enforcement
448 officer, any individual who successfully completes instruction
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449 in traffic enforcement procedures and court presentation through
450 the Selective Traffic Enforcement Program as approved by the
451 Division of Criminal Justice Standards and Training of the
452 Department of Law Enforcement, or through a similar program, but
453 who does not necessarily otherwise meet the uniform minimum
454 standards established by the Criminal Justice Standards and
455 Training Commission for law enforcement officers or auxiliary
456 law enforcement officers under s. 943.13. Any such traffic
457 infraction enforcement officer who observes the commission of a
458 traffic infraction or, in the case of a parking infraction, who
459 observes an illegally parked vehicle may issue a traffic
460 citation for the infraction when, based upon personal
461 investigation, he or she has reasonable and probable grounds to
462 believe that an offense has been committed which constitutes a
463 noncriminal traffic infraction as defined in s. 318.14. In
464 addition, any such traffic infraction enforcement officer may
465 issue a traffic citation under s. 316.0083. For purposes of
466 enforcing s. 316.0083, any sheriff's department or police
467 department of a municipality may designate employees as traffic
468 infraction enforcement officers. The traffic infraction
469 enforcement officers must be physically located in the county of
470 the respective sheriff's or police department.
471
(b) The traffic infraction enforcement officer shall be
472 employed in relationship to a selective traffic enforcement
473 program at a fixed location or as part of a crash investigation
474 team at the scene of a vehicle crash or in other types of
475 traffic infraction enforcement under the direction of a fully
476 qualified law enforcement officer; however, it is not necessary
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477 that the traffic infraction enforcement officer's duties be
478 performed under the immediate supervision of a fully qualified
479 law enforcement officer.
480
(c) This subsection does not permit the carrying of
481 firearms or other weapons, nor do traffic infraction enforcement
482 officers have arrest authority other than the authority to issue
483 a traffic citation as provided in this subsection.
484
Section 10. Subsection (3) of section 316.650, Florida
485 Statutes, is amended to read:
486
487
316.650 Traffic citations.-
(3) (a) Except for a traffic citation issued pursuant to s.
488 316.1001 or s. 316.0083, each traffic enforcement officer, upon
489 issuing a traffic citation to an alleged violator of any
490 provision of the motor vehicle laws of this state or of any
491 traffic ordinance of any municipality or town, shall deposit the
492 original traffic citation or, in the case of a traffic
493 enforcement agency that has an automated citation issuance
494 system, the chief administrative officer shall provide by an
495 electronic transmission a replica of the citation data to a
496 court having jurisdiction over the alleged offense or with its
497 traffic violations bureau within 5 days after issuance to the
498 violator.
499
(b)
If a traffic citation is issued pursuant to s.
500 316.1001, a traffic enforcement officer may deposit the original
501 traffic citation or, in the case of a traffic enforcement agency
502 that has an automated citation system, may provide by an
503 electronic transmission a replica of the citation data to a
504 court having jurisdiction over the alleged offense or with its
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505 traffic violations bureau within 45 days after the date of
506 issuance of the citation to the violator. If the person cited
507 for the violation of s. 316.1001 makes the election provided by
508 s. 318.14(12) and pays the $25 fine, or such other amount as
509 imposed by the governmental entity owning the applicable toll
510 facility, plus the amount of the unpaid toll that is shown on
511 the traffic citation directly to the governmental entity that
512 issued the citation, or on whose behalf the citation was issued,
513 in accordance with s. 318.14(12), the traffic citation will not
514 be submitted to the court, the disposition will be reported to
515 the department by the governmental entity that issued the
516 citation, or on whose behalf the citation was issued, and no
517 points will be assessed against the person's driver's license.
518
(cl If a traffic citation is issued under s. 316.0083, the
519 traffic infraction enforcement officer shall provide by
520 electronic transmission a replica of the traffic citation data
521 to the court having jurisdiction over the alleged offense or its
522 traffic violations bureau within 5 days after the date of
523 issuance of the traffic citation to the violator.
524
Section 11. Subsection (2) of section 318.14, Florida
525 Statutes, is amended to read:
526
318.14 Noncriminal traffic infractions; exception;
527 procedures.-
528
(2) Except as provided in ss. 50 316.1001(2) and 316.0083,
529 any person cited for an infraction under this section must sign
530 and accept a citation indicating a promise to appear. The
531 officer may indicate on the traffic citation the time and
532 location of the scheduled hearing and must indicate the
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533 applicable civil penalty established in s. 318.18.
534 Section 12. Subsection (15) of section 318.18, Florida
535 Statutes, is amended to read:
536 318.18 Amount of penalties.-The penalties required for a
537 noncriminal disposition pursuant to s. 318.14 or a criminal
538 offense listed in s. 318.17 are as follows:
539 (15) (a) 1. One hundred fifty-eight t\icnty fiT..c dollars for
540 a violation of s. 316.074(1) or s. 316.075(1) (c)l. when a driver
541 has failed to stop at a traffic signal and when enforced by a
542 law enforcement officer. Sixty dollars shall be distributed as
543 provided in s. 318.21, $30 shall be distributed to the General
544 Revenue Fund, $3 shall be remitted to the Department of Revenue
545 for deposit into the Brain and Spinal Cord Injury Trust Fund,
546 and the remaining $65 shall be remitted to the Department of
547 Revenue for deposit into the Administrative Trust Fund of the
548 Department of Health.
549 2. One hundred and fifty-eight dollars for a violation of
550 s. 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
551 stop at a traffic signal and when enforced by the department's
552 traffic infraction enforcement officer. One hundred dollars
553 shall be remitted to the Department of Revenue for deposit into
554 the General Revenue Fund, $45 shall be distributed to the county
555 for any violations occurring in any unincorporated areas of the
556 county or to the municipality for any violations occurring in
557 the incorporated boundaries of the municipality in which the
558 infraction occurred, $10 shall be remitted to the Department of
559 Revenue for deposit into the Department of Health Administrative
560 Trust Fund for distribution as provided in s. 395.4036(1), and
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561 $3 shall be remitted to the Department of Revenue for deposit
562 into the Brain and Spinal Cord Injury Trust Fund.
563 3. One hundred and fifty-eight dollars for a violation of
564 s. 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
565 stop at a traffic signal and when enforced by a county's or
566 municipality's traffic infraction enforcement officer. Seventy
567 five dollars shall be distributed to the county or municipality
568 issuing the traffic citation, $70 shall be remitted to the
569 Department of Revenue for deposit into the General Revenue Fund,
570 $10 shall be remitted to the Department of Revenue for deposit
571 into the Department of Health Administrative Trust Fund for
572 distribution as provided in s. 395.4036(1), and $3 shall be
573 remitted to the Department of Revenue for deposit into the Brain
574 and Spinal Cord Injury Trust Fund.
575 (b) Amounts deposited into the Brain and Spinal Cord
576 Injury Trust Fund pursuant to this subsection shall be
577 distributed quarterly to the Miami Project to Cure Paralysis and
578 shall be used for brain and spinal cord research.
579 (c) If a person who is cited for a violation of s.
580 316.074(1) or s. 316.075(1) (c)l., as enforced by a traffic
581 infraction enforcement officer under s. 316.0083, presents
582 documentation from the appropriate governmental entity that the
583 traffic citation was in error, the clerk of court may dismiss
584 the case. The clerk of court shall not charge for this service.
585 (dl An individual may not receive a commission or per-
586 ticket fee from any revenue collected from violations detected
587 through the use of a traffic infraction detector. A manufacturer
588 or vendor may not receive a fee or remuneration based upon the
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589 number of violations detected through the use of a traffic
590 infraction detector.
591
(e) Funds deposited into the Department of Health
592 Administrative Trust Fund under this subsection shall be
593 distributed as provided in s. 395.4036(1).
594
Section 13. Section 321.50, Florida Statutes, is created
595 to read:
596
321.50 Authorization to use traffic infraction detectors.-
597 The Department of Highway Safety and Motor Vehicles is
598 authorized to use traffic infraction detectors to enforce s.
599 316.074(1) or s. 316.075(1) (c)l. when a driver fails to stop on
600 state roads as defined in chapter 316 which are under the
601 original jurisdiction of the Department of Transportation, when
602 permitted by the Department of Transportation, and under s.
603 316.0083.
604
Section 14. Paragraph (d) of subsection (3) of section
605 322.27, Florida Statutes, is amended to read:
606
322.27 Authority of department to suspend or revoke
607 license.-
608
(3) There is established a point system for evaluation of
609 convictions of violations of motor vehicle laws or ordinances,
610 and violations of applicable provisions of s. 403.413(6) (b) when
611 such violations involve the use of motor vehicles, for the
612 determination of the continuing qualification of any person to
613 operate a motor vehicle. The department is authorized to suspend
614 the license of any person upon showing of its records or other
615 good and sufficient evidence that the licensee has been
616 convicted of violation of motor vehicle laws or ordinances, or
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617 applicable provisions of s. 403.413 (6) (b), amounting to 12 or
618 more points as determined by the point system. The suspension
619 shall be for a period of not more than 1 year.
620
(dl The point system shall have as its basic element a
621 graduated scale of points assigning relative values to
622 convictions of the following violations:
623
624
1. Reckless driving, willful and wanton-4 points.
2. Leaving the scene of a crash resulting in property
625 damage of more than $50-6 points.
626
627
628
629
3. Unlawful speed resulting in a crash-6 points.
4. Passing a stopped school bus-4 points.
5. Unlawful speed:
a. Not in excess of 15 miles per hour of lawful or posted
630 speed-3 points.
631
b. In excess of 15 miles per hour of lawful or posted
632 speed-4 points.
633
6. A violation of a traffic control signal device as
634 provided in s. 316.074(1) or s. 316.075(1) (c) 1.-4 points.
635 However, no points shall be imposed for a violation of s.
636 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
637 stop at a traffic signal and when enforced by a traffic
638 infraction enforcement officer. In addition, a violation of s.
639 316.074 (1) or s. 316.075 (1) (c) 1. when a driver has failed to
640 stop at a traffic signal and when enforced by a traffic
641 infraction enforcement officer may not be used for purposes of
642 setting motor vehicle insurance rates.
643
7. All other moving violations (including parking on a
644 highway outside the limits of a municipality)-3 points. However,
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645 no points shall be imposed for a violation of s. 316.0741 or s.
646 316.2065(12).
647 8. Any moving violation covered above, excluding unlawful
648 speed, resulting in a crash-4 points.
649 9. Any conviction under s. 403.413(6) (b)-3 points.
650 10. Any conviction under s. 316.0775(2)-4 points.
651 Section 15. The Department of Highway Safety and Motor
652 Vehicles or any county or municipality authorized to issue a
653 notification and impose a penalty under s. 316.0083 (1) (b l ,
654 Florida Statutes, that collects any such penalty after the
655 effective date of this act, but prior to notification by the
656 Department of Revenue of its ability to receive and distribute
657 the penalties collected, must retain the portion of the penalty
658 required to be remitted to the Department of Revenue until the
659 Department of Highway Safety and Motor Vehicles, county, or
660 municipality is notified by the Department of Revenue that it lS
661 able to receive and distribute the retained funds. The portion
662 of the penalty required to be remitted to the Department of
663 Revenue for any penalty collected after such notification is
664 provided to the Department of Highway Safety and Motor Vehicles,
665 county, or municipality must be remitted to the Department of
666 Revenue as provided in s. 316.0083, Florida Statutes. This
667 section shall take effect upon this act becoming a law.
668 Section 16. For the 2009-2010 state fiscal year, the sum
669 of $100,000 in nonrecurring funds from the General Revenue Fund
670 is appropriated to the Department of Revenue for the purpose of
671 implementing the provisions of this act. Any unexpended funds
672 from this appropriation shall be reappropriated for fiscal year
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673 2010-2011. This section shall take effect upon this act becoming
674 a law.
675
Section 17. If any provision of this act or its
676 application to any person or circumstance is held invalid, the
677 invalidity does not affect other provisions or applications of
678 this act which can be given effect without the invalid provision
679 or application, and to this end the provisions of this act are
680 severable.
681
Section 18. Except as otherwise expressly provided in this
682 act, and except for this section which shall take effect upon
683 this act becoming a law, this act shall take effect July 1,
684 2010.
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CITY OF A VENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission /" ~
FROM: Eric M. Soroka, ICMA-CM, City Manager V
BY: ~an K. Raducci, Finance Director
DATE:
May 3,2010
SUBJECT: Amending City Police Pension Ordinance
for Legislative Changes to Chapter 185
1st Reading June 1, 2010 City Commission Meeting Agenda Item ~
2nd Reading July 6, 2010 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Amending Ordinance
for Legislative Changes to Chapter 185.
BACKGROUND
Recently the Florida Legislature enacted Chapter 2009-97, substantially amending
Chapter 185 of the Florida Statutes, which govern municipal police pension plans. Our
plan is required to comply with certain of these changes. In addition, the Police Pension
Board has requested that the City implement other optional changes.
The attached Amended Ordinance has been prepared by the law firm of Sugarman and
Susskind (attorneys representing the Police Pension Board). They have incorporated the
mandated changes in the proposed ordinance amendment as well as included some
optional changes which are summarized on their attached memorandum. The Police
Pension Board has recommended the approval of the changes.
In addition, the City Administration has reviewed the proposed changes independently
with assistance from the law firm of Klausner & Kaufman, P.A. It is the opinion of
Klausner & Kaufman, P.A. that the ordinance has effectively been drafted to comply
with the provisions of Chapter 185 and that none of the proposed changes should have
any associated cost with the exception of the military service provision in Section 36-27
of the Code. This section would be amended to provide that a member who leaves the
employment of the City to serve in the military and then returns to reemployment within
one year of the end of the service shall be given credited service in the retirement plan
up to 5 years at no cost to the member. While the federal law (USERRA) would require
1
an employee contribution for the service, Chapter 185.02(5)(d) provides that the
employee receive the service at no cost. While this section would have a cost to the
City (which should be de minimis), the Plan needs to mimic the 185 provision should the
City desire to keep receiving the premium tax monies from the State. For this reason,
we recommend passage of the ordinance as drafted.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKRlbkr
2
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman.
Howard S. Susskind
Kenneth R. Harrison, Sr.
D. Marcus Braswell, Jr.
Pedro A. Herrera
Noah Scott Warman
Ivelisse Berio LeBeau
100 Miracle Mile
Suite 300
Coral Gables, Florida 33134
(305) 529-2801
Broward (954) 327-2878
Toll Free 1-800-329-2122
Facsimile (305) 447-8115
.Board Certified Labor
& Employment Lawyer
MEMORANDUM
TO:
Board of Trustees of the City of Aventura Police Officers' Retirement Plan
FROM:
Kenneth R. Harrison, Sf. ~~;f../L--::~.
DATE:
March 25, 2010
RE:
Legislative Changes to Chapter 185
* * * * * * * * * * * * *
Recently the Florida Legislature enacted Chapter 2009-97, substantially amending Chapter 185
of the Florida Statutes, which govern municipal police pension plans. Your plan is required to
comply with certain of these changes. You may choose to implement other optional changes.
We have incorporated the mandated changes in the proposed ordinance amendment. We have
also included the optional changes that you directed to be included.
The following are mandated changes:
Section 3 of the proposed ordinance amendment - Compliance with Protecting Florida's
Investments Act (PFIA):
PFIA was adopted in 2007 by the State of Florida to prohibit state investments in foreign
securities of companies that did certain types of business with or in the countries of Sudan and
Iran. PFIA now applies to and prohibits all municipal police plans from purchasing or holding
such securities. The State Board of Administration publishes a list, updated quarterly, of
"scrutinized companies" in which investment is prohibited. Your pension plan is prohibited
from purchasing or holding any such securities directly or indirectly. Any holdings in these
companies must be divested by September 30, 2010. This amendment provides full protection
1lPage
for Trustees and Investment Managers from any claims that these divestments violate fiduciary
duties.
Section 4 of the proposed ordinance amendment - Change in Joint Annuitant:
If a police retiree selected a joint survivor annuity, this change allows the retiree to change the
joint annuitant up to two times after retirement. The consent of the original joint annuitant is not
required. The original joint annuitant does not need to be alive. This permits retirees who
selected a joint and survivor option and whose survivor annuitants have died to select a new joint
annuitant. The retiree's benefit will need to be recalculated by the actuary based on the age of
the newly-designated joint annuitant.
Section 6 of the proposed ordinance amendment - Full Funding upon Plan Termination:
Should your Pension Plan be terminated, this change requires that all accrued benefits be fully
funded. If the Plan is not fully funded at the time of termination the city is required to continue to
financially support the Plan until such time as all nonforfeitable benefits are funded.
The following ovtional changes are included in the proposed ordinance amendment.
Section 2 of the proposed ordinance amendment - Longer Trustee Terms:
The Pension Plan has been amended to change Trustee terms from two years to four years. This
change will be implemented as current Trustees' terms expire; the following term for that
Trustee position will be increased to four years.
Section 3 of the proposed ordinance amendment - Increase Foreign Investment Limit:
The current 10% cap on foreign securities for your plan has been increased up to 25% at market-
value. Should such an increase be recommended by the Consultant and approved by the Board,
the investment policy statement should be revised.
Section 5 of the proposed ordinance amendment - Purchase of prior service credit:
Chapter 185 was changed to clarify that the purchase of prior service credit was not limited to
law enforcement service in the state of Florida. The clarification has been included in the
proposed ordinance amendment.
Section 7 of the proposed ordinance amendment - Deduction of Health Insurance Premiums
from Pension Payments:
21Page
The Pension Protection Act permits public safety retirees who purchase health insurance to lower
their taxable pension income by up to $3,000 dollars per year if the insurance premiums are
deducted from their pension checks. Previously Florida police pension plans could only deduct
premiums for health insurance provided by employers or unions. Chapter 2009-97 permits the
deduction of any health insurance premiums. This will permit those retirees who do not
purchase health insurance from the employer or union to take advantage of the $3,000 dollar tax
deduction.
All of these changes have been addressed by your plan actuary. With the exception of the
change in Section 4 they have been found to be at no cost. The actuary expressed concern that a
change of joint pensioners as provided in Section 4 created a possibility of an adverse impact and
potential cost. We have included language that should negate any such potential.
31Page
ORDINANCE NO. 2010-
-
AN ORDINANCE OF THE CITY OF A VENTURA AMENDING PROVISIONS
OF THE POLICE OFFICERS' RETIREMENT PLAN REQUIRED BY LAWS OF
FLORIDA CHAPTER NO. 2009-97 PROVIDING FOR INCREASED TERMS
FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN INCREASED CAP
ON INTERNATIONAL INVESTMENTS UP TO TWENTY-FIVE PERCENT;
PROVIDING FOR COMPLIANCE WITH THE PROTECTING FLORIDA'S
INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH PROVISION
OF THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT; PROVIDING FOR PURCHASE OF PRIOR MIL IT ARY AND
POLICE SERVICE; PROVIDING FOR CHANGING OF JOINT SURVIVOR
ANNUITY AFTER RETIREMENT UP TO TWO TIMES WITHOUT PRIOR
APPOVAL; PROVIDING FOR FULL FUNDING UPON TERMINATION OF
THE RETIREMENT PLAN; PROVIDING FOR AUTHORITY TO DIRECT
PAYMENT FROM RETIREMENT BENEFIT OF CERTAIN INSURANCE
PREMIUMS; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2009-97 Laws of Florida establishes new requirements
and options for police retirement plans established under Chapter 185 of the Florida
Statutes; and
WHEREAS, the Board of Trustees for the City of Aventura Police Officers'
Retirement Plan has reviewed these required and optional revisions and has approved
implementation thereof; and
WHEREAS, the City Commission has received an actuarial impact statement
addressing these required revisions,
NOW THEREFORE, be it ordained by the City Commission of the City of
A ventura, Florida:
Section 1.
The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. That Section 36-23(c) Administration of the Retirement Plan, of
the Municipal Code of Ordinances be amended as follows:
Sec. 36-23. Administration of the Retirement Plan
(c) All Trustees shall serve a term of twefour years. If a vacancy shall
occur prior to the expiration of a member's term, a replacement member
Ordinance No. 2010-
Page 2
shall be chosen in the same manner as the person who has left office. A
replacement Trustee shall serve a full term measured from the date of
replacement. All Trustees shall serve until their replacements are selected.
Section 3.
That Section 36-25(c)(9) and (i), Fund management and
investments, ofthe Municipal Code of Ordinances be amended as follows:
Sec. 36-25. Fund management and investments.
(c) The Board shall establish a written investment policy, with the advice
and counsel of such advisors as the Board deems necessary, and said
investment policy shall set forth the types of securities and other types of
investments into which shall be place the assets of the fund. The policy
shall further set forth appropriate limitations on those investments,
including, but not limited to, anticipated rate of return, quality of
investment, class of investment and acceptable risk. The Board shall have
the authority to invest and reinvest the assets of the plan in such securities
or property, real or personal, as the Board deems appropriate, including,
but not limited to:
(9) Foreign securities, not to exceed tentwenty-five
percent of the portfolio at eestmarket value.
ill The board shall identify and publicly report any direct or
indirect holdings it may have in any scrutinized company, as
defined in Florida Statutes, Section 215.473, and proceed to sell,
redeem, divest, or withdraw all publicly traded securities it may
have in such company beginning January L 2010 and shall
thereafter be prohibited from purchasing or holdin~ such
securities. The divestiture of any such security must be completed
by September 30,2010. In accordance with Ch. 2009-97, Laws of
Florida, no person may bring any civil, criminal, or administrative
action a~ainst the board or any employee, officer, director, or
advisor of such board based upon the divestiture of any security
pursuant to this paragraph.
Section 4.
That Section 36-26(h)(2) Service retirement benefit, of the
Municipal Code of Ordinances be amended as follows:
Ordinance No. 2010-
Page 3
Sec. 36-26. Service retirement benefit.
(h) A member entitled to a normal or early service retirement benefit
shall have the right at any time prior to the date upon which the first
payment is received to elect to have the benefit payable under one of the
options provided in this plan. A member shall be permitted to revoke any
such election and to elect a new option at any time prior to the receipt of
the first payment. Each retirement option shall be the actuarial equivalent
of the other retirement options available. Election of the retirement option
shall be on a form prescribed by the Board.
(2) Joint and last survivor option. A member may elect to
receive an actuarially reduced benefit for life and to have the
benefit (or designated fraction of the benefit) continued after
the member's death and during the lifetime of a designated
survivor. A designated survivor may be any natural person or
a trust for the benefit of such person, but need not be the
spouse of the member. In the event that the designated
survivor dies, or in the case of the spouse, the marriage is
dissolYed before or after the member's benefit payments
begin, or if the designated survivor is a spouse and the
marriage is dissolved before the member's benefit payments
begin. and the member has not named another designated
survivor. this option shall be canceled automatically and a
retirement income shall be payable to the member as if the
member had elected a life annuitvelection had neyer been
made. A member may, at that time, before commencement of
benefits. elect an unreduced life annuity or a ten year certain
and life thereafter benefit. A retired member may change his
or her designated survivor up to two times without the
approval of the Board or the current designated survivor. The
retiree member need not provide proof of the good health of
the designated survivor being removed. and the designated
survivor being removed need not be living. Any changes in
the form of retirement benefit or the designated survivor shall
require a recalculation and change of the retirement benefit so
that the changed benefit will be actuarially equivalent to the
one previously elected or received. In order to accurately
recalculate the member's benefit. should no evidence of the
good health of the loint pensioner or beneficiary being
removed be provided. the beneficiary or ioint annuitant being
removed will be assumed deceased by the actuary in determining
the actuarially equivalent amount of the revised monthly benefit.
Any potential increase in plan liability. as determined by the
Ordinance No. 2010-
Page 4
Plan actuary. to the Plan as a result of the member's new
election shall be borne solely by the member.
Section 5.
That Section 36-27 Buy-back for military service, of the Municipal
Code of Ordinances be amended as follows:
Sec. 36-27. Buy-back for military and prior police service.
(a) Any member of the plan who is employed by the City prior to entry
into military service and who takes a leave of absence for the purpose of
entering into military service in the Armed Forces of the United States and
thereafter re-enters the employ of the City, and is yested, shall be entitled
to pW"chase service credits for the period of absence by contributing the
actuarial cost of the benefit which would have been earned had the
member continued in City employment for the period of military service,
with a lifetime maximum of five years of service credits, as follows.
bused on the salary in eff-ect on the date of the leave of absence, for each
year being PlKchased; except to the extent that state or federal la',.. shall
require the provision of service credit without a member contribution.
There shall be no credit for military service prior to City employment as a
police officer. In determining the creditable service of any police officer,
credit for up to fiye years of the time spent in the military service of the
,^..rmed Forces of the United 8tates shall be added to the years of actual
service, if:
(1) The police officer is in the active employ of the municipality
prior to such service and leaves a position, other than a temporary
position, for the purpose of voluntary or involuntary service in the
Armed Forces ofthe United States.
(2) The police officer is entitled to reemployment under the
provisions of the Uniformed Services Employment and
Reemployment Rights Act.
(3) The police officer returns to his or her employment as a police
officer of the municipality within one year from the date of his or
her release from such active service.
(b) In addition to service credits awarded for military service leave under
(a) above. any member of the plan who served in the armed forces of the
United States or was employed as a police officer by any other law
enforcement agency prior to employment by the City shall be entitled to
purchase service credits for such period of service or employment by
contributing the full actuarial cost of the service credits purchased. A
Ordinance No. 2010-
Page 5
member who is reeeiT/ing, or will receive the pension benefit f-or military
service in any other pension plan supported by public funds, excluding a
military pension, may not use that serviee f-or this Pension Plan. f.. member
who is reoeiving, or will reoeiye any other pension in which time served in
the military ,vas used by the employee in that other Pension Plan shall not
be eligible for military buy back as provided in this seotion.
teKU The contribution f{)f military buy book required of the
employee to purchase service credits for prior military service or
employment as a police office may be made in one lump sum, in
installment. by roll-over from another qualified plan, or may be
made by payroll deductions in installments for a period of time
which shall not exceed the number of years service credits being
purchased.
ill An employee making installment payments shall complete
all required payments prior to payment of any benefit under this
section. If installment payments are not completed at the time an
employee retires, the employee shall not receive militaryservice
credit for the remaining period for which payments were not made.
ill An employee making installment payments shall pay
interest at a uniform rate as determined by the Board.
(c) A member who is receiving, or will receive any other ~pension ffi
'.vhieh time served in the military was used by the employee in that other
Pension Plan shall not be eligible for military buy book as provided in this
section.benefit for military or prior police service in any other pension
plan supported by public funds, excluding a military pension, may not use
or buy back that service for this Pension Plan. pension
Section 6.
That Section 36-32(b) Amendment or termination of the system, of
the Municipal Code of Ordinances be amended as follows:
Sec. 36-32. Amendment or termination of the system.
(b) In the event of termination or partial termination of the plan, each
participant's accrued pension benefit shall become nonforfeitable (100
percent vested).:. to the extent funded. At such time, the funds shall be
appropriated and distributed in accordance with the provisions of Chapter
185 of the Florida Statutes. The Board shall determine the date of
distribution and the asset value required to fund all of the nonforfeitable
benefits. The Board shall inform the City, if additional assets are required,
in which event. the City, shall continue to financially support the
Retirement Plan until all nonforfeitable benefits have been fully funded.
Ordinance No. 2010-
Page 6
In the event that the plan is terminated, the assets of the plan shall
first be distribut-ed t-o retired members and their beneficiaries. If there is
any asset value remaining after the apportiomnent to retired members and
their beneficiaries, apportionment shall ne~d be made to each member in
the servioe who has completed at least ten (10) years of credited service
and has contributed to the fund for at least ten (10) years and \vho is not
otherv/ise eligible to retire. If there is any asset value after the
apportionments to retirees and their beneficiaries and to V'ested members
of the plan, apportionment shall lastly be made in respect of each member
in the service of the city in an amount not to exceed the total value of the
member's contributions. In the event that there is nay asset yalue
remaining after fun apportionment to all members and beneficiaries of the
plan, the excess, if any, shall revert proportionately to the City and the
State of Florida on the basis of contributions to the phm.
Section 7.
That Section 36-34(a) Miscellaneous, of the Municipal Code of
Ordinances be amended as follows:
Sec. 36-34. Miscellaneous.
(a) The present or future right of a person to money in the Pension
Fund or to a retirement allowance, an optional allowance, a death benefit,
the return of contributions, or any other right accrued or accruing under
the provisions of this Plan shall not be assignable and shall not be subject
to execution, garnishment, attachment, the operation of bankruptcy or
insolvency law or any other process of law whatsoever, except with
respect to alimony, child support or medical payments to a former spouse
or minor child. Further, the recipient of any monthly benefit may
authorize the board of trustees upon written request, to withhold from the
monthly benefit those funds necessary to pay for accident, health, and
long-term care insurance premiums for the recipient. the recipient's spouse
and the recipient's dependents. The Pension Fund shall not incur any
liability for participation in such permissive program if its action is taken
in good faith.
Section 8.
All sections or parts of sections of the Code of Municipal
Ordinances, all ordinances or parts of ordinances, and all resolutions or parts of
resolutions in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
Ordinance No. 2010-
Page 7
Section 9. Should any section or provIsIon of this Ordinance, or any
paragraph, sentence or word, be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the invalidity of the remainder hereof, as a whole or
a part hereof, other than the part declared to be invalid.
Section 10. It is the intention of the City Commission of the City of A ventura
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of A ventura and that the sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "Chapter",
"Section", "Article", or such other appropriate word or phrase, the use of which shall
accomplish the intentions herein expressed.
Section 11. This Ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was offered by Commissioner who
moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 1st day of June, 2010.
Ordinance No. 2010-
Page 8
PASSED AND ADOPTED on second reading this 6th day of July, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami-Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review Ilk/a Miami Review, a daily (except Saturday. Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF A VENTURA - PUBLIC HEARING - JUNE 1, 2010
APPLICANT NAME/NUMBER: FLORIDA SE, INC. (01-SV-10)
in the XXXX Court,
was published in said newspaper in the issues of
OS/20/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or r:orporation
any discount, rebate, commission or refund for the purpose
of securing this adve71ise nt for publication in the said
newspaper.
/
Sworn to and subscribed before me this
20 day of MAY ,A.D. 2010
~#~d.
(SEAL)
V. PEREZ personally known to me
.it.: ~~\:
~;~@
For r;...cf'"
Notary Public Slate of Florida
Cheryl H. Marmer
My Commission 00793490
Expires 07/1llf.!012
eo
CITY OF A VENTURA
NOTICE OF PUBLI~ HEARING
Date and Time of Public Hearing: .,TueSdaY, June1;201 0
6:00 p.m.
~pplicant Name/Number: Florida SE, Inc.
t. (01-SV-10)
. I
~pplicant Request: Variance from Section 31-191 (g)(2)a. of the CitYI
'code to permit two 50.25 square foot wall signs on the Olive Garden
jtalian Restaurant building located at 17985 Biscayne Boulevard, where
one 104 square footwall sign is permitted by Code. I
I
.!-ocation of Subject Property: 17985 Biscayne Boulevard, City of
Aventura
~ '
:Legal Description: Part of the Northeast y., of Section 9 and Part of the
Northwest y., of Section 10, Township 52 South, Range 42 East, City of
IAventura (complete legal description available at the Community
:Oevelopment Department)
!PI~ns are'on file and may ~e examined during regular business hours at
,the City of Aventura Govlilrnment Center, Community Development
:Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
~Plans may be modified at or before the Public Hearing. The application
ray change during the ~earing process.
[The Public Hearing will be held in the City Commission Chamber at City
of Aventura Government Center at 19200 West Country Club Drive,
IAventura, Florida, 33180. Your comments may be made in person at the
'hearing or filed in writing prior to the hearing date. Refer to applicant!
'property on correspondence and mail same to City of Aventura I
iGovernment Center, Community Development Department at the ad-
dress above. For further information, please call (305) 466-8940.
Iln accordance with the Americans with Disabilities' Act of 1990, all
persons who are disabled and who need special accommodationsJol
participate in this proceeding bec?use of that disability should contact I
Ihe Office of the City Clerk, (305) 466-8901, not later than two business I
days prior to such proceedings. l
15/20