02-03-2004
City rnnuftJ-lon
Jeffrey M. Perlow, Mayor
A~e City of
.r-l..Ventura
o
~
Citv M.n._r
Eric M. Soroka
Zev Auerbach
Jay R. Beokin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzherg
City Clerk
Teresa M. Soroka, CMC
City Atto.l71C'v
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
FEBRUARY 3,2004 6 PM following LPAmeeting
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. ZONING HEARINGS: None.
5. SPECIAL PRESENTATIONS: None
6. 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:
January 6,2004 Commission Meeting
January 22,2004 Special Meeting
January 22,2004 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-040 FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON AND
ASSOCIATES, INC. TO PREPARE SPECIFICATIONS AND BID
DOCUMENTS FOR LANDSCAPING, IRRIGATION,
STREETLIGHTING, AND ELECTRICAL IMPROVEMENTS TO
YACHT CLUB WAY AND TURNBERRY WAY FOR THE
AMOUNT OF $45,100.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
Ft.bnJII'y 3, 2004 Ownmiooim Meeting
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to execute work authorization with Craven
Thompson & Associates for preparation of specifications and bid
documents for landscaping, irrigation, street lighting and electrical
improvement to Yacht Club Way and Turnberry Way)
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA URGING MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING
MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE
SESSION; PROVIDING FOR EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE
OF AN EASEMENT AGREEMENT FROM A VENTURA OFFICE
PARK CONDOMINIUM ASSOCIATION, INC. TO THE CITY OF
AVENTURA TO MAINTAIN THE STREETLIGHT
ELECTRICAL SYSTEM AT 21355 EAST DIXIE HIGHWAY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
EASEMENT AGREEMENT; AUTHORIZING ACCEPTANCE OF
THE EASEMENT AGREEMENT PROVIDING FOR EFFECTIVE
DATE.
(Provides for acceptance of easement from A ventura Office Park
Condominium, Inc. to the City for maintenance of street lighting)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, SELECTING THE FIRM OF
CHARTER SCHOOLHOUSE DEVELOPERS, INC. TO DESIGN
AND BUILD A MIDDLE SCHOOL WING ADDITION TO THE
CHARTER SCHOOL IN ACCORDANCE WITH RFQ NO. 03-12-
12-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
THE TERMS AND FEES FOR SAID SERVICES;
AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRMS
TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to negotiate with selected firm (and alternate
firm if necessary) to design and build middle school wing addition to
Charter School)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT
WIDE EASEMENT TO FLORIDA POWER AND LIGHT ON
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Ft.bnJII'y 3, 2004 C,."",;"m Meeting
THE NE 31sT AVENUE PARK SITE; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
(Approves acceptance of FPL easement for operation of electrical
utilities at NE 31 st Avenue park)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED REVISED
ADOPTION AGREEMENTS AND TRANSMIT SAME TO THE
ICMA RETIREMENT CORPORATION; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute revised adoption agreements with
ICMA Retirement Corporation in accordance with recent revision to the
police pension)
H. A RESOLUTION OF THE CITY COMMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-028 FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON AND
ASSOCIATES, INC. TO PERFORM A STUDY TO DETERMINE
THE FEASIBILITY OF ACQUIRING THE ROADWAY KNOWN
AS "JACK SMITH BOULEVARD" FOR THE AMOUNT OF
$24,700.00; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute work authorization for feasibility
study for acquisition of Jack Smith Boulevard)
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2002-24 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2002/2003 FISCAL YEAR BY REVISING THE 2002/2003 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-241 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS" BY
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Felnay3, 2004(,~ Meeting
AMENDING SECTION 31-241(a) PROVIDING FOR PURPOSE;
SECTION 31-241(b) PROVIDING FOR DEFINITIONS; SECTION
31-241(c) PROVIDING FOR APPLICABILITY; SECTION 31-
241(d) PROVIDING FOR GENERAL REQUIREMENTS AND
MINIMUM STANDARDS; SECTION 31-241(e) PROVIDING FOR
PERMITTED USES ON PUBLIC PROPERTY; SECTION 31-
241(1) PROVIDING FOR PERMITTED USES ON PRIVATE
PROPERTY; SECTION 31-241(g) PROVIDING FOR
CONDITIONAL USE; SECTION 31-241(h) PROVIDING FOR
STANDARDS FOR BUILDINGS OR OTHER EQUIPMENT
FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING ARTICLE VI
"LOBBYING ACTIVITIES" OF CHAPTER 2
"ADMINISTRATION," BY REPEALING ALL OF ARTICLE VI,
CONSISTING OF SECTION 2-371 THROUGH AND INCLUDING
SECTION 2-377, EXCEPT FOR SECTION 2-375 "PENALTIES,"
AND ADOPTING A NEW ARTICLE VI "LOBBYING
ACTIVITIES" TO CONSIST OF SECTION 2-371 "LOBBYISTS"
AND SECTION 2-375 "PENALTIES" OF CHAPTER 2
"ADMINISTRATION," BY ADOPTING SECTION 2-1l.1(S) OF
THE MIAMI-DADE COUNTY CODE CONCERNING
LOBBYING, AS MODIFIED HEREIN; PROVIDING FOR
RELATED FEES AND OTHER PROVISIONS CONCERNING
LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING THE CITY CODE BY ENACTING A NEW POLICE
PENSION PLAN AND TRUST FUND; PROVIDING TERMS FOR
IMPLEMENTATION: PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2003-06, WHICH ORDINANCE ADOPTED A CHARTER
SCHOOL OPERATING AND CAPITAL BUDGET FOR THE
A VENTURA CHARTER ELEMENTARY SCHOOL FOR FISCAL
YEAR 2003/04 (JULY 1 - JUNE 30) BY REVISING THE 2003/2004
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Ft.bnJll'y3, 2004('''''''';'';''' Meeting
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.
9. RESOLUTION - PUBLIC HEARING: None
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
FEBRUARY 19, 2004
10 A.M.
COMMISSION MEETING
MARCH 2, 2004
6 P.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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A~
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.~...:;.'
MINUTES
CITY COMMISSION MEETING
JANUARY 6, 2004
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Manuel Grife led the pledge of allegiance.
Mayor Perlow left the meeting at this time.
3. ZONING HEARINGS:
Ex-parte communications by Commissioners, if any, were disclosed and filed with the
City Clerk in accordance with City Code Section 34. All witnesses giving testimony in
these hearings were sworn in by City Clerk Teresa M. Soroka.
A. Mr. Wolpin read the following resolutions by title:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-70
WHICH HAD GRANTED CONDITIONAL USE APPROVAL TO PERMIT
AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE
AND A TRANSFER OF DENSITY ON 0.344 ACRES FROM LAND TO
BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY
LOCATED AT 3029 NORTHEAST 188TH STREET; BY AMENDING THE
CONDITION CONCERNING THE DEADLINE FOR OBTAINING A
BUILDING PERMIT TO IMPLEMENT THE CONDITIONAL USE
APPROVAL, BY ALLOWING A BUILDING PERMIT TO BE OBTAINED
WITHIN THREE YEARS OF THE DATE OF ADOPTION OF
RESOLUTION NO. 2003-70 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-70; AND
PROVIDING FOR AN EFFECTIVE DATE.
B. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2003-71
WHICH HAD GRANTED CONDITIONAL USE APPROVAL TO PERMIT
AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH
ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE
AND A TRANSFER OF DENSITY ON 1.216 ACRES FROM LAND TO
BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY
LOCATED AT 3131 NORTHEAST 188TH STREET; BY AMENDING THE
CONDITION CONCERNING THE DEADLINE FOR OBTAINING A
BUILDING PERMIT TO IMPLEMENT THE CONDITIONAL USE
APPROVAL, BY ALLOWING A BUILDING PERMIT TO BE OBTAINED
WITHIN THREE YEARS OF THE DATE OF ADOPTION OF
RESOLUTION NO. 2003-71 IN LIEU OF THE TWELVE MONTH
DEADLINE PROVIDED IN RESOLUTION NO. 2003-71; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of item 3A was offered by Commissioner Cohen and
seconded by Commissioner Diamond. Vice Mayor Beskin opened the
public hearing. The following individual addressed the Commission: Cliff
Schulman, Esq., 1221 Brickell Avenue, representing the applicant. There
being no further speakers, the public hearing was closed. The motion for
approval of item 3A passed 5-1, with Vice Mayor Beskin voting no, and
Resolution No. 2004-01 was adopted.
A motion for approval of item 3B was offered by Commissioner Cohen and
seconded by Commissioner Grossman. An amendment was offered by
Commissioner Cohen, seconded by Commissioner Diamond and
unanimously passed to amend the resolution to provide that any
structures existing on the property shall be demolished and removed
within one (1) year of the adoption of Resolution No. 2003-71. The motion
for approval of item 3B, as amended, passed 5-1, with Vice Mayor Beskin
voting no, and Resolution No. 2004-02 was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Vice Mayor Beskin requested removal of items 6-B, 6-C, 6-E
and 6-G from the Consent Agenda. A motion to approve the remainder of the
Consent Agenda was offered by Commissioner Grossman, seconded by
Commissioner Diamond, unanimously passed and the following action was taken:
A. The minutes of the November 20, 2003 Commission Meeting, November
20, 2003 Workshop Meeting and December 15, 2003 Commission
Meeting were approved.
D. Resolution No. 2004-03 was adopted as follows:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF THE
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DEDICATION OF RIGHT OF WAY KNOWN AS TURNBERRY WAY IN
THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO
OBTAIN DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
F. Resolution No. 2004..Q4 was adopted as follows:
A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION # 01..Q103..Q34A
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PREPARE
SPECIFICATIONS AND BID DOCUMENTS FOR THE PREPARATION
OF AN ENVIRONMENTAL REMEDIATION PLAN FOR THE
DEVELOPMENT OF WATERWAYS PARK FOR THE AMOUNT OF
$122,000.00; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Perlow returned to the room at this time.
The following items were removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, BETWEEN GULFSTREAM PARK RACING
ASSOCIATION, INC. AND THE CITY OF AVENTURA FOR THE
PURCHASE OF SIX ACRES ADJACENT TO WATERWAYS PARK FOR
THE PURCHASE PRICE OF $3,SOO,000; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. City Attorney Steven Zelkowitz, Esq.,
and Mr. Schulman addressed the Commission. An amendment to require
a recordable Memorandum of Agreement and provide for modifications to
the legal description as noted by Mr. Zelkowitz was offered by
Commissioner Diamond, seconded by Commissioner Cohen and
unanimously passed. The motion for approval, as amended, passed
unanimously and Resolution No. 2004..Q5 was adopted.
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C. Mr. Wolpin read the following resolution by title::
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2004
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. The motion for approval passed 6-1, with
Vice Mayor Beskin voting no, and Resolution No. 2004-06 was adopted.
E. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman, seconded
by Commissioner Diamond, unanimously passed and Resolution No.
2004-07 was adopted.
G. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES
DURING THE 2004 LEGISLATIVE SESSION; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. A motion to defer this item to the January 22,
2004 Workshop meeting was offered by Vice Mayor Beskin, seconded by
Commissioner Diamond and unanimously passed.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING ARTICLE VI "LOBBYING
ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION," BY REPEALING
4
ALL OF ARTICLE VI, CONSISTING OF SECTION 2-371 THROUGH
AND INCLUDING SECTION 2-377, EXCEPT FOR SECTION 2-375
"PENALTIES," AND ADOPTING A NEW ARTICLE VI "LOBBYING
ACTIVITIES" TO CONSIST OF SECTION 2-371 "LOBBYISTS" AND
SECTION 2-375 "PENALTIES" OF CHAPTER 2 "ADMINISTRATION,"
BY ADOPTING SECTION 2-11.1(S) OF THE MIAMI-DADE COUNTY
CODE CONCERNING LOBBYING, AS MODIFIED HEREIN; PROVIDING
FOR RELATED FEES AND OTHER PROVISIONS CONCERNING
LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and
seconded by Commissioner Holzberg. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed 6-1 by roll call vote, with Commissioner
Auerbach voting no.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE BY ENACTING A NEW POLICE PENSION PLAN AND
TRUST FUND; PROVIDING TERMS FOR IMPLEMENTATION:
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. Robert Klaussner, Esq., pension
consultant, addressed the Commission. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. An
amendment was offered by Vice Mayor Beskin, seconded by
Commissioner Cohen and unanimously passed to provide that the
ordinance be amended to provide that the Board of Directors shall protect
the privacy of medical records and information to the extent permitted by
law. The motion for approval, as amended, passed unanimously by roll
call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-06, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30) BY
REVISING THE 2003/2004 FISCAL YEAR BUDGET DOCUMENT AS
5
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 Grossman and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA FOR FIVE
(5) PARCELS OF LAND ON THE WEST SIDE OF BISCAYNE
BOULEVARD FROM MO, MEDICAL OFFICE DISTRICT TO B1,
NEIGHBORHOOD BUSINESS DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wolpin announced that the City's quasi-judicial procedures are
invoked at this time. The City Clerk administered the oath to all witnesses
offering testimony in these proceedings. A motion for approval was
offered by Commissioner Cohen and seconded by Commissioner
Auerbach. Joanne Carr, Community Development Director, addressed
the Commission. Mayor Perlow opened the public hearing. The following
individual(s) addressed the Commission: Ira Rothstein, owner of property
at 20810 Biscayne Boulevard; Fran Ricca, 1615 NE 174th Street. There
being no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2004-
01 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(f), MO DISTRICT, TO PROVIDE FOR REVISED
SETBACKS, LOT COVERAGE, OPEN SPACE AND MINIMUM LOT
SIZE, ADDITIONAL CONDITIONAL USES, STREETSCAPE DESIGN
STANDARDS AND URBAN DESIGN STANDARDS FOR THOSE
LANDS LYING BETWEEN NE 206 STREET TO THE SOUTH, NE 209
STREET TO THE NORTH, NE 28 AVENUE TO THE EAST AND EAST
DIXIE HIGHWAY TO THE WEST; PROVIDING FOR SEVERABILITY;
6
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Cohen. Ms. Carr addressed the Commission.
Mayor Perlow opened the public hearing. The following individual(s)
addressed the Commission: Ben Gamble, 412 NE 195th Street; Ms.
Ricca; Dennis Roth, 20833 East Dixie Highway; Ricardo Winocur, 3825 S.
University Drive. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2004-02 was enacted.
10. RESOLUTIONS: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AMENDING RESOLUTION NO. 97-35 AND RESOLUTION NO. 9S-
05 TO REVISE THE FEE SCHEDULE FOR DEVELOPMENT REVIEW,
PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Cohen. Ms. Carr addressed the Commission. Mayor Perlow
opened the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously and Resolution No. 2004-
OS was adopted.
10.0THER BUSINESS: None.
12. PUBLIC COMMENTS: Bob Burroughs.
13. REPORTS. As submitted.
Mr. Wolpin requested an Executive Session to be scheduled regarding Miami-Dade
County, et al vs. DOT - concerning the railroad crossing.
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 p.m.
Teresa M. Soroka, CMC, 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 indudes the testimony and evidence upon which the appeal is to be based.
7
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL. AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-F1RST NAME-NIDDLE NAME NAME OF BOARD, COUNCIL. COMMlSSION. AUTHORITY. OR COMMITTEE
PERLOW, JEFFREY M. CITY COMMISSION
MAJUNG ADDRESS THE BOARD, COUNCIl. COMMlSSION. AUTHORITY OR COMMITTEE ON
19200 W. COUNTRY CLUB DRIVE WHICH I SCR\IE IS A UNIT OF:
CITY COUNTY i;tCITY o COUKTY o OTHER lOCAl. AGENCY
AVENTURA, MIAMI DADE NAME OF POl.JllCAl. SUBDfVISK)N;
CITY OF AVENTURA-
DATE ON WHICH VOTE OCCURRED MY POSJ1lON IS:
01-06-04 1O ElECTIVE o APPOINTI\/E
WHO MUST FILE FORM 88
This form is for use by any parsoo serving a1 the county. city, or other local level of government 00 an appointed or elected board. council.
commission. authority. or committee. " applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict olinterest under Section 112.3143. Florida Statutes.
Your responsibiHties under the law when faced with voting on a measure in which you have a conflict of interest win vary greatly depending
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completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county. municipal. or oIher local public oIIice MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained): to the speciaJ private gain or loss of a relative: or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F .S.. and offICers of independent speciaJ tax districts elected on a one-acre. OIle-vote basis are not prohibned from voting in that
capacity.
For purposes of this law. a "relative" includes ooly the officer's father. mother. son, daughler. husband. wite. brother. sister. father-in-law,
mother-in-law, son-in-law. and daughter-in-law. A -business associate- means any person or entity engaged in or canying on a business
enterprise with the officer as a partner, joint venturer. coowner of property. or rx>rpOrate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
"
.
.
ELECTED OFFICERS:
In addition 10 abstaining from voting in the situations desaibed above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fiHng this form with the person responsible for recording the min-
utes of the meeting. who should incorporate the form in the minutes.
.
APPOINTED OFFICERS:
Although you must abstain from voting in the snualions described above. you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before making any atlempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIU BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 86 - EFF. 112000
PAGE'
APPOINTED OFFICERS (continued)
.
.
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the fonn is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
You must complete the fann and file ~ within 15 days afler the vole occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the fonn in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.
JEFFREY M. PERLOW
. hereby disclose thaI on
01-06
,200~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain 01"- toss;
inured to the special gain or loss of my business associate.
inured to the special gain or loss of my relatiYe.
Inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Agenda itea 3-A
. by
. which
/(rt'oelJ'o/ roR.
R!JjJ)/ C f/-J0
, /U/o<{
Dale Filed .
~~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES !j112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY. REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 112000
PAGE 2
A~
fa
'\.,~."Y
MINUTES
COMMISSION SPECIAL MEETING
JANUARY 22, 2004 9 A.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL. The meeting was called to order by Mayor
Jeffrey M. Perlow at 9:00 a.m. Present were Commissioners Zev Auerbach, Ken
Cohen, Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R. Beskin,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. RESOLUTION:
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE
INTERLINK COMMUNICATIONS PARTNERS, LLC. D/B/A CHARTER
COMMUNICATIONS ("CHARTER") CABLE FRANCHISE TO ATLANTIC
BROADBAND (MIAMI) LLC ("ATLANTIC BROADBAND"); AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Diamond. lIa Feld, Esq., Leibowitz & Associates, the City's cable
counsel, addressed concerns of the Commission. The motion for approval
passed unanimously and Resolution No. 2004-09 was adopted.
3. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9:25 a.m.
Teresa M. Soroka, CMC, 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 indudes the testimony and evidence upon which the appeal is to be based.
A~
.
MINUTES
COMMISSION WORKSHOP MEETING
JANUARY 22, 2004
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 9:25 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Zev Auerbach, Ken Cohen, Bob Diamond, Manny Grossman, Harry
HOlzberg, Vice Mayor Jay R. Beskin, Mayor Perlow, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
1. FLORIDA LEAGUE OF CITIES RESOLUTION: Commission discussed revision of
the proposed resolution as deferred from the January 6th Commission meeting.
CITY MANAGER'S SUMMARY: Consensus to amend resolution to eliminate
Section 1(e) and amend Section 1 (d) to include provision that the subject
modification would be to protect municipal funding to enhance and benefit
municipalities and include all other provisions as presented.
2. MEDIAN SIGNS: City Manager requested direction from the Commission to a)
eliminate median signs; or b) unify the median signs throughout the City.
CITY MANAGER'S SUMMARY: Consensus that administration review the various
signs and provide Commission with a proposed plan for consolidation, elimination,
and unification. City Manager to send reminder letters to condominiums regarding
conformance with sign code ordinance.
3. NAMING OF 31ST AVENUE PARK: City Manager requested input as to the
selection of a name for 31st Avenue Park.
CITY MANAGER SUMMARY: Consensus that Commission submit names to City
Manager for further discussion at February Workshop meeting. In addition,
Commission to discuss at a future meeting the name selection process for
Waterways Park and any future park.
5. BISCAYNE COVE CONDO MEETING MATTER IVice Mavor Beskin): (Taken out
of order) Vice Mayor Beskin expressed concern regarding this meeting and whether
or not the appropriate City procedures were followed.
CITY MANAGER'S SUMMARY: No action necessary.
4. CITIZEN'S EDUCATION COMMITTEE (Commissioner Diamond): Arthur Berger
addressed the Commission with a proposal to establish a Citizen's Education Center
whereby he would educate residents about the City's government structure, etc.
CITY MANAGER SUMMARY: Consensus that Mr. Berger prepare a curriculum and
present to the Commission for approval.
6. PROPOSED ETHICS PROVISIONS (Commissioner Diamond): Commissioner
Diamond requested Commission approval to authorize the City Attorney to draft a
proposed amendment to the City's ethics ordinance which would be more strict than
existing city, county and state ethics provisions, including establishing provisions
designed to ensure that even the appearance of any conflict of interest is avoided in
relation to any municipal transaction or matter.
CITY MANAGER'S SUMMARY: Consensus to direct City Attorney to amend City's
current ethics ordinance to provide for more stringent provisions incorporating
certain provisions outlined in the January 2004 report of the Miami-Dade County
Ethics Commission and other concerns expressed by the Commission.
6. 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 11 :25 a.m.
Teresa M. Soroka, CMC, 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.
2
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE:
City Commission ~
Eric M. Soroka, ICMA-CM. cr~ge ~
Robert M. Sherman, Director 0 ommu ty servi~"V
January 16, 2004
TO:
FROM:
BY:
SUBJECT:
Resolution Authorizing the City Manager to Execute Work
Authorization No. 01-0103-040 from Craven Thompson & Associates,
Inc. to Prepare Specifications and Bid Documents for Landscaping,
Irrigation, Streetlighting, and Electrical Improvements to Yacht Club
Way and Turnberry Way for the amount of $45,100.00.
February 3,2004 City Commission Meeting Agenda Item foE
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute Work Authorization No. 01-0103-040 from Craven
Thompson & Associates, Inc. to prepare specifications and bid documents for
landscaping, irrigation, streetlighting, and electrical improvements to Yacht Club Way
and Turnberry Way for the amount of $45,100.00.
Background
These roads have been legally dedicated to the City, and are now City owned roads.
This project has been approved by the City Commission and is included in the current
Capital Improvements Projects Budget. The total budget for these improvements is
$330,000.00.
The Work Authorization scope of services includes the following:
1. Prepare roadway design survey of the newly acquired roads.
2. Inspection and assessment of the existing landscaping to determine removal,
relocation or inclusion in new landscaping.
3. Inspection and assessment of the existing irrigation system to determine if pipe,
valves and heads can be incorporated in new system.
City Commission
January 16, 2004
Page Two
4. Plan and design a detailed landscape and irrigation plan.
5. Inspection and assessment of the existing electrical system to determine if
existing electrical service, wiring and fixtures can be used for the new irrigation
and streetlighting plan.
6. Prepare a cost estimate to bring electrical system to current building codes.
7. Prepare a detailed report and cost estimate reflecting recommendations for
using existing lights or new decorative streetlights.
8. Prepare construction drawings, bid documents and provide construction
administration services for all phases of this project.
9. This Work Authorization is projected to take 60 days to complete.
If additional information is needed, please feel free to contact me regarding this project.
RMS/gf
Attachments
RMS04005
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-040 FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON
AND ASSOCIATES, INC. TO PREPARE SPECIFICATIONS
AND BID DOCUMENTS FOR LANDSCAPING,
IRRIGATION, STREETLlGHTING, AND ELECTRICAL
IMPROVEMENTS TO YACHT CLUB WAY AND
TURNBERRY WAY FOR THE AMOUNT OF $45,100.00;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTIONj AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization # 01-0103-040 for Professional Consulting Services with Craven
Thompson and Associates Inc. to prepare specifications and bid documents for
landscaping, irrigation, streetlighting, and electrical improvements to Yacht Club Way
and Turnberry Way for the amount of $45,100.00.
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
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-_
Page 2
PASSED AND ADOPTED this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-040
The City of A ventura has requested Work Authorization No. 01-0 103-040 as provided for in the
Agreement between the City of A ventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3, 2001.
This Work Authorization No 01-0 I 03-040 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 ofthe Agreement.
Planning Phase
Survey....................................................................................................................... $5,800.00
Preliminlll)' Landscape Design and Research ..........................................................$4,700.00
Assessment of Existing Electrical System and Report.............................................$2,200.00
Coordination with City................................................................................................ $5 00. 00
Total Planning Phase............................................................................................$13,200.00
Construction Documents Phase
Prepare CD's for Landscaping & Irrigation ............................................................. $9,500.00
Prepare CD's for Street Lighting and Electrical System .......................................... $5,600.00
Project Management................................................................................................. $3,500.00
Total Design Phase ...............................................................................................$18,600.00
Bidding Phase
Prepare Bid Documentsffechnical Specifications ...................................................$1,500.00
Respond to RFI' s......................................................................................................... $500.00
Total Bidding Phase ...............................................................................................$2,000.00
Construction Phase
Attend Preconstruction Conference............................................................................. $500.00
Site Visits................................................................................................................. $6,600.00
Coordination with Contractor and City .................................................................... $2,000.00
Project Closeout Documentation ................................................................................. $800.00
Total Construction Phase....................................................................................... $9,900.00
Reimbursable Exoenses
Printing, Graphics, Communications, Travel.............................................................. $800.00
Couriers, Express Mail, Etc......................................................................................... $600.00
Total Reimbursable Expenses ...............................................................................$1,400.00
Total Estimated Labor Expenses are ...................................................................... $43,700.00
Total Estimated Reimbursable Expenses are............................................................$1,400.00
The time period for this work authorization will be:
Planning Phase ...........................................................60 Days
Design Phase/Preparation of Bids ..............................60 Days
Bidding Phase.............................................................30 Days
Construction Phase (Estimate) .................................150 Days
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka, CMC
Eric M. Soroka, ICMA-CM
day of
,2004
APPROVED AS TO FORM
BY
Notice to Proceed Yes
No
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Director of Community Services
BY
Director of Community Services
Robert M. Shennan, CPRP
day of
,2004
EXHmIT "A"
Consultant shall prepare design drawings and specifications for landscaping, irrigatiuon and street
lighting/electrical improvements to the City owned right-of-way of Yacht Club way and
Turnberry Way. The scope of services shall include surveying, an assessment of the existing
electrical system for the existing street lighting; upgrades as necessary to the electrical system
and/or a design for new street lights and electrical; landscape architectural design; and a design of
a new irrigation system. Sub-consultant services shall be provided by O'Leary Design
Associates, P A and Hillers Electrical Engineering, Inc. Consultant will more specifically perform
the following:
Survevinl!: Services:
. Prepare roadway design survey of Yacht Club Road and Turnberry Way from Country
Club Boulevard to the north and south limits of Turnberry Way. This survey will include
the following tasks:
. Establish horizontal and vertical control.
. Set baseline of survey along centerlines of roadways at 100-foot stations and
benchmarks at 500-foot stations.
. Locate visible fixed improvements:
. Locate all improvements within the rights of way
. Obtain elevations:
. Indicate elevations of physical features, rims and inverts of sanitary and storm
sewer systems and cross sections at 100-foot stations.
. Prepare design survey:
. Survey will be prepared for engineering and landscape design purposes in
AutoCAD format.
Landscaoe Architecture Services:
. Planning Phase/Conceptual Design:
. Assess the condition of existing vegetation to determine removal, relocation, or
retention.
. Complete a conceptual landscape plan for approval by City.
. Complete a Preliminary Statement of Probable Construction Cost.
. Attend meetings with your office and the City, as required.
. Construction Documents Phase:
. Complete a detailed landscape plan with specifications suitable for bidding.
. Complete a detailed irrigation plan with specifications suitable for bidding.
. Complete a Final Statement of Probable Construction Cost.
. Bidding and Construction Administration Phase:
. Attend pre-bid conference.
. Respond to Bidder inquires.
. Attend pre-construction "kick-off' meeting.
. Complete periodic observation of the landscape and irrigation installation.
. Assist your office in the approval of pay requisitions.
. Perform a final inspection of project.
Electrical Enl!ineerinl!: Services:
. Planning PhaseN erification of Existing System and Evaluation Report:
. Complete on-site point by point lighting test, Inspect existing electrical service, wiring
and conduit system, lighting fixtures with the assistance of the roadway lighting
maintaining department Icompany for Yacht Club Way.
. Provide written report and cost estimate reflecting recommendations for using existing
lighting system & new roadway lighting system.
. Construction Documents Phase:
. Design shall be based on verification/evaluation report utilizing the existing median
roadway lighting poles or the City approved luminarie/pole. The lighting design
lighting levels shall be per the City's Code.
. The electrical system design shall be based on the City electrical codes and the NEC.
. Provide electrical calculations and lighting calculations that include point-by-point
lighting calculations reflecting existing roadway lighting only.
. Design and coordination meetings with FP&L Co. and City.
. Design electrical service points, luminarie/poles installations, circuits and conduit
systems for roadway lighting. Includes installation details and plan layouts.
. Provide electrical & lighting design to the City on AutoCad 200 I.
. Design Irrigation Electrical Service.
. Prepare Engineer's Cost Estimate.
. Provide one (I) set of specifications and plans on full size reproducible for each
electrical I lighting submittal 90%, 100 % review and 100% bid set. Also one (I) hard
copy specifications and bid items shall be provided to the City.
. Bidding and Construction Administration Phase:
. Attend pre-bid conference.
. Respond to Bidder inquires.
. Attend pre-construction "kick-off" meeting.
. Shop drawing review
. Complete periodic site visits during construction.
. Assist your office in the approval of pay requisitions.
. Perform a final inspection of project.
AGENDA ITEM 6-C
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004
LEGISLATIVE SESSION; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, legislation passed (HB 113A) during the 2003 Special
Session "A" that is the implementation of Article V, a 1998 constitutional
amendment, that requires the state to fund the county court system; and
WHEREAS, HB 113A prohibits state attorneys from appearing in county
courts for the purpose of prosecuting municipal ordinances; and
WHEREAS, the bill also prohibits a municipality from contracting with a
state attorney for the prosecution of municipal ordinances, and public defenders
will not be allowed to represent indigents charged with ordinance violations; and
WHEREAS, HB 113A requires a filing fee of $200 for each code or
ordinance violation; and
WHEREAS, several cities enforce code enforcement through a citation
process, which are filed through the county court system; and
WHEREAS, many of the fines for these citations are less than half of the
proposed $200 filing fee, which would make the citation process ineffective for
code enforcement activities; and
WHEREAS, the intent of the Municipal Revenue Sharing hold harmless
provision in HB 113A was intended to not reduce any revenues currently shared
with municipalities; and
WHEREAS, clean drinking water is a precious resource that must be
adequately planned for to meet the needs of future growth in Florida; and
WHEREAS, cities are implementing several innovative methods to assure
an adequate supply of drinking water is available for its citizens; and
WHEREAS, efforts were made during the 2003 legislative session to
mandate that cities establish water conservation rate structures, impose drought
rates, require submetering in apartment buildings or condos, mandate statewide
irrigation standards, implement "informative billing", and meter reclaimed water;
and
Resolution No. 2004-_
Page 2
WHEREAS, municipalities would be negatively impacted by
legislation mandating conservation measures on a "one size fits all" approach
and many of the conservation measures being considered had no demonstrable
conservation benefit but will be very expensive to implement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura urges Governor Jeb Bush and members
of the Florida Legislature to support legislation that:
a) Preserves the authority of individual local governments to
determine and implement the specific water conservation measures
required under a water use permit, and which preserves a local
government's control over reclaimed water that is created by the
local government.
b) Allows municipalities to contract for the services of public defenders
and state attorneys to enforce local ordinances; and
c) Eliminates the fee schedules for the enforcement of municipal code
or ordinance violations.
d) Provides a modification of the distribution formula for revenues
transferred from the Half-Cent Sales Tax Program to the Revenue
Sharing Trust Fund for Municipalities to protect municipal funding to
enhance and benefit municipalities.
Section 2. That a copy of this resolution shall be provided to Governor
Jeb Bush, Senate President Jim King, House Speaker Johnnie Byrd and
members of the Florida Legislature.
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-
Page 3
PASSED AND ADOPTED this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
..
CITY MANAGER'S OFFICE
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
TO: City Commission
BY: Joanne Carr, AIC
Planning Director
DATE: January 21 , 2004
SUBJECT: Easement Dedication
Aventura Office Park Condominium Association, Inc.
21355 East Dixie Highway, Aventura
February 3, 2004 City Commission Meeting Agenda Item fo - b
Recommendation
It is recommended that the City Commission adopt the attached Resolution accepting
an easement from Aventura Office Park Condominium Inc. to the City of Aventura over
a portion of private property for maintenance of streetlighting.
BackQround
Aventura Office Park Condominium Inc. was required to install City standard decorative
streetlighting on the adjacent public rights of way of NE 213 Street, NE 214 Street and
East Dixie Highway as a condition of its development approval. The streetlights have
been installed, however, they are erected on private property instead of the public rights
of way. The City has therefore requested and the owner has provided a six foot wide
easement around the perimeter of the site in order that the City may maintain the
lighting system. The owner has also provided a Bill of Sale to the City for these lights.
The Easement Agreement and Bill of Sale are attached as Exhibit #1 and Exhibit #2.
This Instru1rU!nl Prepared By. and &tuJ7I To:
EXHIBIT #1
Gary H. Komik, Esq.
FROM BERG, PERLow & KORNIK. P .A.
A...cnlur8 Corporate Ccnter, Suite 50S
20&0 I Biscayne Boulcvard
A "'cnlut8, FL 33180
.
EASEMENT AGREEMENT
This Easement Agreement (the "Easement Agreement") is made as of the _ day of
December, 2003, by and between AVENTURA OFFICE PARK CONDOMINIUM
ASSOCIATION, INC., a Florida not-for-profit corporation, whose business address is: 1021
Ives Dairy Road, Suite Ill, Miami, Florida 33179, (the "Grantor"); and CITY OF
A VENTURA, whose business address is: 19200 West Country Club Road, Aventura, Florida
33180 (the "Grantee"). Reference herein to the parties shall include their respective successors
and assigns.
WITNES SETH:
WHEREAS, Grantor is the owner of that certain parcel of real property (the "Property")
described on Exhibit "A" anached hereto and rnade a part hereof; and
WHEREAS, Grantee is the current owner of the right of way as recorded in Official
Records Book 15458, Page 4648 of the Public Records of Miami-Dade County, Florida (the
"Right of Way") described on Exhibit "B" attached hereto and made a part hereof and said
Right of Way is contiguous to the Property; and
WHEREAS, Grantee requires a non-exclusive easement (the "Easement") over the
easement parcel for the purpose of maintaining the light poles, lighting and lighting system and
Grantor agrees to grant such an easement to Grantee.
WHEREAS, Grantee shall have the obligation to maintain the light poles, lighting and/or
lighting system, that is located on the Easement Parcel (the "Improvements") in the same
manner as the light poles, lighting and/or lighting system located in the City of Aventura; and
-1-
WHEREAS, Gramor hereby intends and hereby specifically agrees, grants and permits
Grantee the non-exclusive use of the Easement Parcel, as hereinafter defmed; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, $10.00
and other good and valuable consideration, the receipt and sufficiency thereofwhich are hereby
acknowledged by each of the parties, the parties hereto agree as follows:
I. Recitals. The aforesaid recitals are true and correct and are incorporated herein
as if fully set forth.
2. Grant of Easement. Grantor does hereby grant to Grantee and Grantee hereby
accepts the Easement for purposes of operating, maintaining, repairing, and/or replacing the
light poles, non-exclusive lighting and lighting system including the cost of electticlty that Is
located on the Easement Parcel in the same manner as the light poles, lighting and lighting
system as is located in the City of Aventura, which Easement shall run with the ownership of
the Property. The legal description of that ponion of the Property comprising the easement
parcel (the "Easement Parcel") is attached hereto as Exhibit "CO and made a part hereof. The
grant of Easement includes the full authority and right to enter upon and use of the Easement
Parcel for the purposes of operating and maintaining the light poles, lighting and lighting system
located on the Easement Parcel in the same manner as the light poles, lighting and lighting
system as is located in the City of A ventura. Grantee, at its sole cost and expense, shall be
responsible for the operation and maintenance of the light poles, lighting and lighting systern
on the Easement Parcel, but only to the same extent as Grantee is generally responsible for
operating and maintaining light poles, lighting and lighting system within Grantee'sjurisdiction
of the City limits of Aventura.
3. Easement Runs with the Land. The Easement set forth herein shall be a covenant
running with the land. It is intended that each of the Easement, covenants, conditions,
restrictions, rights and obligations set forth herein shall be appurtenant to the Property. This
Agreement and all of the provisions of this Agreement shall inure to the benefit of and be
binding upon the parties hereto and Grantor's respective mortgagees, successors and assigns,
and every person having any fee, leasehold or other interest therein and shall inure to the benefit
of the respective parties and their successors, assigns, heirs, and personal representatives.
4. Conditions and Oblil!.ations with Respect to the Easement. Grantor and Grantee
covenant as follows:
(a) Grantee shall be responsible for operating and maintaining the Easement
Parcel free from debris and operating and rnaintaining the light poles, lighting and lighting
system, including electricity, at its sole cost and expense during the term of this Easement
pursuant to paragraph no 5 below, including replacement of same, if necessary, but only to the
-2-
same extent as Grantee is generally responsible for operating and maintaining public light poles,
lighting and lighting system within Grantee's jurisdiction.
(b) At all times, Grantor shall be responsible to pay the real estate taxes and
nsscssments on the Easement Parcel without any contribution from Grantee. Grantor and
Grantee shall each maintain their own insurance on the Easement Parcel.
5. Effective DatelEasement Per:petual. The easements, covenants, conditions and
restrictions contained in this Agreement shall be effective commencing on the date of execution
of this Agreement and shall continue and remain in full force and effective thereafter
perpetually, unless this Agreement is modified, amended in accordance with the provisions
hereof, or until such time as Grantee does not require said Easement.
6. Miscellaneous.
(a) If any provision of this Easement Agreement shall be invalid or shall be
determined to be void by any coun of competent jurisdiction, then such provision or
determination shall not affect any other provisions of this Easernent Agreement, all of which
other provisions shall remain in full force and effect. It is the intention of the parties that if any
provision of this Easement Agreement is capable of two constructions, one of which would
render the provision void and the other of which would render the provision valid, then the
provision shall have the meaning which renders it valid. '
(b) This Easement Agreement constitutes the entire agreement and
understanding between the parties relating to the subject rnatter hereof and rnay not be amended,
waived or discharged, except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
(c) Any notice, request, demand, instruction or other communication to be
given by either party hereunder, shall be in writing and shall be either (I) hand delivered,
(ii) sent by federal express or a comparable overnight mail service, or (iii) sent by telephone
facsimile transmission addressed to the party for whorn it is intended with confirmation of
transmission (iv) first class U.S. mail, certified, return receipt requested as follows:
If to Grantor: 1021 Ives Dairy Road, Suite 111, Miami, Florida 33179,
If to Grantee: 19200 West Country Club Road, A ventura, Florida 33180
Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice.
The addressees and addresses for purposes of this paragraph may be changed by giving written
notice. Unless and until such written notice is received, the last addressee and address stated
herein shall be deemed to continue in effect for all purposes hereunder.
-3-
Cd) Enforcement hereof shall be by action at law or in equity by any party
hereto, against any parties or persons violating or anempting to violate any covenants set forth
herein, either to restrain the violation or to recover damages. The terms and provisions of this
Easement Agreement are strictly for the benefit of the parties hereto and their respective
successors and assigns and nothing herein contained shall be deemed to create any rights or
benefits in any third parties.
(ct) The Grantor shall be responsible for the payment of recording of this
Easement Agreement.
7. Enforcement Provisions.
(a) ALL LEGAL AND EOUIT ABLE REMEDIES A V AILABLE. In the event of
a breach or threatened breach by either Party hereto or their successors or assigns, of any of the terms,
covenants, restrictions or conditions hereof, the other Party shall be entitled forthwith to full and
adequate relief by injunction and/or all such other available legal and equitable remedies from the
consequences of such breach, including payment of any amounts due and/or specific performance.
(b) NO TERMINA nON FOR BREACH. Notwithstanding anything contained in
this Agreement to the contrary, no breach hereunder by Grantor or Grantee shall entitle non breaching
party to cancel, rescind, or otherwise terminate this Agreement.
8. NO ADDl110NAL WAIVER IMPLIED BY ONE WAIVER. In the event that any
covenant contained in this Agreement should be breached by either Party hereto and thereafter waived
in "'Titing by the other Party hereto, such waiver will be limited to the particular breach so waived and
shall not be deemed to waive any other breach hereunder. No waiver of any default of any obligation
by any party hereto shall be implied from any omission by the other party to take any action with respect
to such default.
9. SEVERABILITY. Each provision of this Agreement and the application thereof to the
Easement Parcel are hereby declared to be independent of and severable from the remainder or this
Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not
to nul with the land by any court of competent jurisdiction, such holding shall not affect the validity or
enforceability of the remainder of this Agreement. In the event the validity or enforceability of any
provision of this Agreement is held to be dependent upon the existence ofa specific legal description,
the parties agree to promptly cause such legal description to be prepared.
10. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of
the State of Florida.
11. ENTIRE AGREEMENT. This Agreement contains the complete understanding and
agreement of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
-4-
12. HEADINGS. The section headings are for convenience only and do not define, modifY
or limit any of the terms and provisions hereof_
13. AMENDMENT. The provisions of this Agreement may be modified or amended, in
whole or in part, or terminated, through a mutual ....Titten agreement, fully executed by Grantor and
Grantee, or by the successors-in-interest to Grantor and Grantee, respectively, and recorded in the Public
Records ofMiami~Dade County, Florida.
14. BANKRUPTCY. In the event of any bankruptcy affecting either Grantor or Grantee, the
parties agree that this Agreement shall, to the maximum eX1ent permitted by law, be considered an
agreement that runs with the land and that is not rejectable, in whole or in part. by the bankrupt person
or entity.
IS. TAXES AND ASSESSMENTS. Grantor shall pay all taxes, assessments, or charges
of any type levied or made by any governmental body or agency with respect to the Easement Parcel.
16. WAIVER OF TRIAL BY JURY. IT IS MlITUALLY AGREED BY AND
BETWEEN GRANTOR AND GRANTEE THATTIIEY SHALL AND HEREBY DO WAIVE
TRlALBY JURY IN ANY ACTION,PROCEEDINGORCOUNTERCLAlMBROUGHTBY
EITHER OF THEM AGAINST THE OTHER ON ANY MA TIERS ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THIS EASEMENT AGREEMENT OR ITS SUBJECT
MA TIER.
[SIGNATURE ON FOLLOWING PAGES]
-5-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates
set forth below their respective signatures.
WITNESSES:
GRANTOR:
A VENTURA OFFICE PARK CONDOMINIUM
ASSOC ON, INC., a F 'da not-for-profit
corporat on.
{ L-L:::tL-
By:
rlla(~ ~
Prin~Name: (lAc" ;f....-(")
Dated:
\~O.3
GRANTEE:
CITY OF A VENTURA
PrintNa.rw::
By:
Print Name:
Dated:
-6-
This instrument was acknowledged before me by as
_ on behalf of the City of A ventura, Owho is personally knO\\'I1 to me, or 0 who has produced
as identification, on this day of
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
,....../:::... QlADYS OTERO
f.~iJ:;, MY COMMISSIOIl i 00 178114
~i 1 i EXPIAES:JanIl8!Y 15. 2007
.:.t= ' 6of\I;lI(IThrYt4oIlryNlllctJndelWll\tf'l
1IJr".
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
2003.
PRINT, PE OR STAMP COMMISSIONED NAME OF
NOTARY PUBLIC: ~
COMMISSION NUMBER:
COMMISSION EXPIRES:
SIGNATURE OF NOTARY PUBLIC - STATE OF FLORIDA
PRINT, TYPE OR STAMP COMMISSIONED NAME OF
NOTARY PUBLIC: ~
COMMISSION NUMBER:
COMMISSION EXPIRES:
-7-
EXHIBIT "A"
LOTS I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, Block 33, together v.ith Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and the
West 15.00 feet of Lot 5, Block 34, and Lots 6, 7, and 8, Block 35, HALLANDALE PARK, according
to the Plat thereof as recorded in Plat Book 12, at Page 37, of the Public Records of Miami-Dade
County, Florida
less and except the right of way dedication per Official Records Book 15458 at Page 4648, and less and
except Condominium Units described in Declaration of Condominium for Aventura Office Park
Condominium, a Condominium, according to the Declaration thereof, recorded September 5, 2003, in
Official Records Book 21610, Pages 710 thru 860, of the Public Records of Miami-Dade County,
Florida.
EXHIBIT "8"
'.
."
~d;~~,.;;j~Dr -~"'..L~;'-I~
~ ~"l~) t'.l~~'c';.-"'"
!lll'l't (l(U: llllun ro.-t
,.
/if'z. - / .
:Y- '-.
'.
,j...
1.[~: 154~B'~4648
'l:2R :12:0:.'321 1111 III 04 I~;n
Il~turn tal
Right of Way Div1~ion
Dado county Public Worka Dept.
111 N... ~.t street
K1aa1, TL 33128-1970
:rn.t.ruMnt pnpand l>y I
~t<:!1f1lEi 0.10 ttlllTl 0.45
i~ WEl, tlUS. w.tl[ tOl.tNlh n
..
:!
'"
'.
:~
.;<<
"1,1
:~ v.
....
.' .
..:..'.
a
?oil
~jj
:11
Ceor~e Clva'ftrie
ninted Nue
Dad. count)' Public \iorka Dept..
111 N... lit Stroot
Ki..i, TL 33128-1970
Tol1o Mo. ~O_12~(_~~~-0900
~O_123~_OO<-0910
"au Depa.rtment. Pub' ie 'Woy'ki:
",or.,,-or-ny PUb 'J'O Xl)'!)1 COWTI
CC1:l'V'&Y8 TJrJ '1'1Tt.. lOa. !.lGE117.'t 'Pl1U08U
n COR}OAAflOX
'.
linn OJ' notUllJo
eo_ 07 _I'
nue :nft>Drl'tm.J!, Made t.hiB .1.!!.!L- ~'Y of 1I.D....'" . A.D. 1Sal-, b).
eM bet.vee.n ~~CYR'K T1~J.,.'H'1"L COh.FCYJ::..J.fr)()w " n..Cl~lO).
. eorporetjen UhOe.r t.he 3ewe of 'l.he $t.n.e of nJ:l'l"ID). , a.n4 ~ving
it.. cttlc:. And principal pIece Qt tlU6jrl~8. at 1820 Nt; 'l6'3't'"d S1::..
North 'fo!it1'l'! t-fl!'.r'h ":n..62 , pt.rty of the fix-at pe..rt., IUl4 t.h.
COvn1' 07 PAIl~, a body corporet..e tnc.1 . pol1tlr:al Sub01vla1on of the
St.at. of Florid.., e.nd ita I&uc:ceaa:ot"ti in interert, \lbos. ~o.t otf'ioe
a4dr&s. is 3.).1 N.W_ ).st St..:reet, Hiu1, Fltlr11.1a 3)128-1,5.,0, party of the
..cone!- pert,
.'
1I1T1i1'i"ETIU
~.t th. eaid F~rty of the firEt part, for and in consideration cf
Uo a\lll of One polln ($1.00) ~o it In bz.nd 1'a1d by U. .pu-ty of U..
~econ4 part,. the receipt 'Whe.:reot 18 hEreby eeltnc:.vlec5.ge4, and for other
..Jl4 furthn' 9006 end veluable cOh61clerr.t1cns, doe. he.re~ "iJre.nt, barge.in
and .el1 to the party of th~ uccna. part. an4 ita s\)ccee.&ora in
interelt, for the purpose of . puPl1e b1sh~ay and purpose. incidental
tht.i'eto, all right, title, interest, chic. or dEUnd ot t.he pa.rty of the
,szn p..rt, In and to the follo\l1ng de.crib.d 1.~.1 situatoo, lying and
~in9 1ft ~. cow~~Y .t Dao" State ot flo~1da, to-viti
"
"
EIII A'l"rACUUl 1.~<lU PZEcP.lM'lClll
.- ~
'.
/
\. A "VI........... \JI. I 1}tJ...~.........~... -. .....
.. Ju "'JClQIJLIJ(V l,,-,n~
~ ~) tli~; .-....
tfll..'n (lflt. (If(vn ({"f.'"
..
~t: 154 55:'C4 64 9
It i. tile inter,tion ot the fOrty ot Ue first J'llrt, I;y this
1nettUJa.nt, to ccnvey to the Edd t:~ty ot Ue Eeccnd p~rt., e.nd it..
t;UC::CEfot:.Ct"B .11\ :1htEoTU;t,.' the Jend ~bove ct5cr1bed tor use a. a public
h1~~~ay and tor ell purpC&~~ ,incidental thEreto.
I~ !.'~~rEEely.provjd6d that it &nd vhen eaid h19h~~y Ebal1 be
It.,,,-tul1y c.nd p..~enu~tJ.y c:!!aecohtjma.d, the title 'to the 51.14 &bov1a
de6cr1b€d )en6 ~h~11 j::Edj~te)y rEvErt to the p~~y of ~e firet p~~
Jte fjUt;:CElilicr. e.nd z.eEi~e, ~nd :it or .they. lihall have the right to
~c6$etely re-F06tES8 the 2e~..
hnd the .~1d ~..ty of ~o f(r.\ port wi)) defend ~ title to &.14
lend ~9.1nat ~e lavtul cla1~8 of All pe~6on. Yho>>...var, cla1~1n9 ~#
thrcwCjjib or under it.
III nn:us 1:'J!1;UOr, the <old porty or the f1~.t put, he.. execute4
U1. $nst.nuu...nt., end halS C6\JI!Ed the. SU~e t.o be exec;ut..ed by j,ta Pre.161clent.
ox V1ce-pre5jdent, end he. cUJE,ed 'the e~. to 'b. et:t.e&t.04 'by Su
6EcrEt6ry or A$5j~t.ht Secretary, 6n4 :it. Curporata Se.~ h6r.Oft to ~
1~pr..5~4, on th1., the 4~y and y.~r ~1r.t ebov. vrjttea. ..
'O!ll!-
~y
[.M5CIUA I(ONlCtU
Wit.nes~ ~1nt.d Rem.
CA..'U 7. CU!VOl.D
Pr1nt..4 NUM
9100 CT1ffla ~.d
CCiC~tT Cit..., nCT1dll "''!l~'"
~.dx~o. (1f d1fferent)
~'1f- L
Wjtn...
IZ~
ht.t.e.&ta
~J...u
_ Se $t.ary
(Su.L)
CAFiMCf~ t't. ,.JiUIALO
Wjtnes_ PrJ.nt.ed. }UlomQ
tnJUJ.l. 2.tDECX
Pl'"Jnt.ed Na>>e
SlOO Cr1Jf1~ ~.d
(OCtltT tity.. TJer1d. 3~)'1l ..-.-,,,~
),co.rG&& (i1 Oiffel"ent) j'.....;,,:;.~~:~::..{i':.
,~;-". . . )...
. ;~-.,:.,. .-:.......:,1.
. .i ~'f!:c."t, ~ .. ;$"\"'1"
COP.P sE.i-;.;: ,~/ "'\':;;1'1
. ";; -~~.)'I) ...... \..../::... ,
;.:-,..?;ri~.'" "~"7"'1l'
".tl~:::,-...f....~
'..O."l.e~\' '" ..
""'~IJJ!>>.
"~_'~'
D.:
~:-'
.
'.'
l",,'j~ ~~...~&.......&~ ...
~ ~ .It_!:E''~' "~". '. , t~ll~ _ .
.,
~: W.-l,^ (It,..;,..~
tU"" (JIll:. (fl~" eM'
;..
:"
m: I 545&.f4650
~.
ano...a or 71GUOJ.
I
colnlTY ~. ro.t>1! 1"
% EJ:JU.JiI ClJi.TITJ', 'I'h~t ,on this .2i!JL ce.y of Jet"'" ~ ~.b. '~ll,
petore .., ,11. office;' duly ~\Jthorh.ed to ecu:rin:1Et.er o.o.t..ba a1\4 t.u.e.
ad<.novlE-d9Etlehte, pere:chlllly l;HH~6red CJJ.L f. GUSlo'OLJ)
.e..n4 m.1J..F..!l.tt:P'tCk , 'both ~in9 to ~ \l'e11 k.nova, or t.O 1M
proven, ~y ~rcd~cing the follcving jc~n~1ticat1o~t .
Drh..u Uuc.... to be t.he PJ-ea1dE!It and _
Secret.e.ry of' "'-r.T"..:on. nt:J.l'CH.L r.C'F.}:(''FJ.Tl0W ,
. c:orporat.1cn under the 1~..... c! 't.he SU:te of FLOR10A , tond
wbich ..i4 ~ol"pore.tiQn 1. );.nC,,"'n 1::1 s:e to be 'the pe:n;on de.&c.ribe4 11\ al';:!.
wb1cb uecutecS the fer"l~i", ~nli'nmE.nt, t.he !ll,id ott1cer '-- ctf the
e~14 Corporatiori be:1ng likE-vh:. k.nO\tl\ by .. \i. be ~ office"
Ue.reot ",bo, j,n their of11e1a1 ct~l.cl'tlG' a8 euch officer ,_ oc: ...".
cerpc:re.t.ion Execut.ed, Eign~d t.nd deljvered t.he .~id 1n.~nt .. '\..he
~c:t and deed at" weid CC:t"pcratjcm, flnd t..he ..aid officer __ of saieS
ccrporat.1on't})eb end t.h~re. ~E'Ver~lly e.c.k.r.ovlEdge41 t.o ~ before... t.hat
~ executed t.he l>e1d $115t'rWtent., ac:t1nCjl in tll.~i.T ...1d ot1:1<:1..1
c:eFllci t1.., tor end .a tn. act and t!e54 ef u. ...10 Corporation aIM! '-a
i~. na>>.1 .&n4 i~pre66ed tbe~Eon it., corporet.. 6c&1. !or ~ u... .nd
purpOI5.. there-in Jnf:cntiClned, and after l:>ein'i t.h.~eunto. br the lE>aid
corporat.1on; duly "ut.bClri...4 l;nd d1rticted, .eJld ~.1d Cttleu L- did "-
tak_ aD. oeth.
nriaJll T:.y hend and c:1':t1c1al Seal at. No. K:hlrl ~ldn 'the. COUJ\ty e.n4
ste.t. efo:rndd. on tl1ie. Ue ,.,b ~.1ii dJ~ (~o.I.l
,I>OMl> .. Wl1.l.XD .A' otory P\>b11c
""~:d"~~ Sher{ff! /....( W'-llnfJ,K
m toND::1'.NOY.11AiS hinted NIUM
NOTARY Er.Al./ EThlIJ'
Mo~..ry Pllb11c, sta'te of florid.
Ml' COJ:lll>iuiOJl expi:re.. U{;'i.". \'iG~ .
Co_in ion/Su-i"l 110. Cc 15S92'7
The foregoing Vt.8 e.ecept~d ana 1.\fproved on the ~ o~y of MIlt:C+l ,
15~. bl' F.eoolution 110. f?..J 96- ,.. of the l!oa:rd of County.
Co....15.~oner. ot Dade COUJlt";Z=e. ~
h..i~'ht County Man"~&r
...................
.~'1"':'!:STl )o'.JJ\.sJiJ,..LL ),..D:!R, t..... ("OM4iJ.r'..
c~e.rk. of said t1oalf,r- ~'.c ~o~
JIJ' A:""'-../.M. ;~ .~~.;; ~
"~~';t~ .-\~ 7.t:~~..~ .~
, ../' .
..... 'hog i,........r;.
.......--- -
-
..
"
-. .
I'
i.-
"
EXHIBIT "C"
EXHffiIT "C"
..EGAL DESCRIPTION:
:. ". loot oo..",ont wahln 0 pOllion of loll 1. 2. 3. ". S. 6. 7. B. 9. 10. ond II. Block 33, TOGETHER WITH
..ots 1. 2. 3. 4. 6. 7. 8. 9. 10. and the Wesl 15.00 feet 0' Lot 5. B'o.. 34. AND LOl. 6. ?, ond 8, lllock 35.
.;ALLANDAL( PARK. according to lhe plot thereof os recorded in Plot Book 12 9t Poge 37 01 the Public: Records
'Jf Yiami- Dade County. florida, being mote particularly described os follows:
'3egln ot the Southeast corner of Lot 8. Block 35; thence N 68"46'03" W along the South fine of said Blocks
33. 304, & 35 for 385.19 feet to 0 point or curvature; thence Norlh.esterty olong 0 25.00 foot .rocfiua curve.
:eoding to the right. through 0 centrol angle of 89"56'45- for on ore distance of 39.25 feel to a point of
tcngency: thence N 01'10'42- E olong the West line of $otd Block JJ for 165.00 feet to 0 point or curvature:
,hence Northeasterly olong 0 25.00 fool rodius curve. leoding to Ihe right. through 0 central or\Cj1e of 90'03'15"
lor on arc distonce of 39.29 feet 10 0 point of tongency; thence S 68"46'03" E 01or\Cj the South right of way
,ine of N.L 214th Street per Official Records Book 15458 ot Page 4648 for 280.10 leet: thence S 01'10'42" W
~lon9 0 line 15.00 feet East of and porollel with the West line 01 said Lot 5. Block 34 for 6.00 feel: thence
N 58"6'03" W olong 0 line 5.00 reet South of ond porollel with said South right 01 woy fine of N.t. 214th
Street per Officiol RecordS Book 15458 ot Page 4648 for 280.10 feet to 0 point of curvature: thence
South\We'Sterly olong 0 19.00 foot rodius curve, leading to the left. through 0 central angle of gaOS1S- for on
ort distance of 29.86 feet to 0 point of tangency: thence S 01.'0'.2- W along 0 line of 6.00 feet East of ond
parallel with the West line of said Block 33 for 165.00 feet to 0 point of curvature: thence Southeasterly alo~
o 1~.OO fQot rodiws curve, leadin9 to the left, through 0 centrol angle of 89'56'45- for on orc crt$tonce 29.83
feet to a point of tangency; thence S 8S'4t>'03- ( Clc"~ 0 lin_ 6.00 f..t North of ond potol&el with the South
line of sold Blocks 33. 34. &: 35 for 385.19 reet; thence S 01'10'42- W along the (ost tine 01 sold Lot 8.
Elock 35 for 6.00 feet to the Point of Beginning.
SURVEYOR'S NOTES:
This site lies in Section 34. Township 51 South, Range 42 [ost. City of Aventura. Uiomi-Dode County. Florida.
- Bearings hereon ore referred to on assumed value of N01.,0'42"'W for the west line of Block 33.
[ost Dixie Highwoy.
- Dimensions indicoted hereon ore based on Fortin, Leavy. Skiles. sketch no. 20990-186.
- This is not 0 "Boundary Survey" but only 0 grophic depiction of the description
shown hereon.
SURveYOR'S CERTIFICATION:
I hereby certify thot this -Sketch of Description- wos mode under my responsible chorge on November 5, 2003.
ond meets the Minimum T echnicol Standards as set forth by the f1oridO Boord of Professional Surveyors and
Mappers in Chopter 61G17-6, F"lorido Administrotive Code. pursuont to Section 472.027. Florida Statutes.
nd the original raised
yor and Mapper"
EASEMENT LEGAL DESCRIPTION
Drown By ACS ( DESCRIPTION, NOTES, & CERTlFICA TIONI DoIz: 11/5/03
Cad. No. 031888 FORTIN, LEAVY, S KlLES, INC. Scale NO SCALE
Ref DWI. 20990-186 CONSULTING ENGn-.'EERS, SURVEYORS & MAPPERS Job. No. 031888
FLORlDA CERTIFICATE OF AUTHORlZATlON NUMBER: ??oo3653 Ow,. No. 1003-104
~Ploned: 180 Nonheast 16Slh. Street J Nonh Miami Beach. Florida. 33162
t 1/5/03 10:300 Phone: 305-6~3.4493 I Fax 305-651-71 S2 J Email fls(G{nssurvey.com Shea 2 of 3
EXHIBIT "C"
~
-N~214T~E-=r
PSEOOTHA 0 RIGHT QkWA Y LINE OF N.E. 214m ~ ,,:::r.. ..":"., .~ ." .
: --0-; FFlCIAL !'!ECOjiDS ~ AT PM;E D ll..L
-_ S 88'46'03.,E; 280.10' .: ,~:~.:'._ ,- -,..._,
,.' l' J I I 1
, 8 '.t~.., ',,:-co';" -'. 'J' :. S 01'10'42" W I I
.. A=-9~Q3'15~ ,,_' _ J ,10 qi. -- I.J 6 nN I
R ,~ ..;" 2 ~ .3 .. .::___-"""'"~'5.~ ,vi I
>- ~m 1I11'", ~""~"r, l' 1 . , I 1..1
. <C L~29'.86' ...~~ ,: -i4- : -r;;-: : ~ ~. ~~ .. (': I I I i I I
~ =...... r~i t!l,_..> '._ . '.~'P'~' I !.... .L rn' ! , , I 1
5: is 81--~1'~i--"-", I - I'--""'~."""-~' 43;15:: ~ 2: 3 ::
I Ill, III J.: I I '; l!; i I I ~ 1 '
,_::l<O a:r- ..-"", I I., u~ ..5.... I I
. *~.' ~ _ _'.J' I . i!;"--" --, I
~ ~ ...- - - - - -- - I 1.___ I l.j I ~ J '
i I ill w' 'it -:::5' 4 I*- I 1 "-= :=-1 I . :;;. I: I I I
" i~ l5:": ~ " BLQCK 33 " - - - - - - + - - - - _:- - - - _ _ ~i. ..L .. _ B~O~K 35 :
. i 1C:S ~ $!-- ;!...wAI.l.ANbALE PARK~ , ! BLDqK 34 . ' .. ~~.fjAtEANDACE-PARK
,0 >-'" ;""PLAT BOPl< 12 PAGE 37 I HALLAND<!,LE PARK. ; t". I "loA' ~ 11\0 ......... 37
1 I~ ~ o' --- /> ~1 . PLAT BOOK 12, PAGE 37 I . i/::l I I .
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CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORJDA CERTTFlCA n OF AUTHORJZA TION NUMBER, 00003653
180 Northeast 168th. Strcet I Nonh Miami Bcach,. Florida. 33162
Phone: 305-653.4493 I Fax 305-651-71 S2 I Email fls{@.flssurve"V.com
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FLORlDA CERTIFICATE OF AI.ITHORlZA nON NUMBER: ??oo3653
180 Northeast) 68th. Street I North Miami Beach. Florida. 33162
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Bill of Sale
EXHIBIT #2
This Bill of Sale, made on ~ II;>. ro'ft between AVENTURA OFFICE PARK CONDOMINIUM
ASSOClA TION, INC., a Florida not-for-profit corporaiton ("Seller"), and CITY OF A VENTURA ("Buyer").
Witnesseth, that Seller, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable
consideration paid to Seller by Buyer, receipt and sufficieney of which is hereby acknowledged, delivers, grants, bargains,
sells and transfers forever to Buyer the following goods and chattels, to wit:
streetliRht sy'stan consisting of:
7 Type A Ar'Ch 02A-1405-1'75MH-Volt-DBTO-5RI6 - 250
5 Type BArch 2-o2A-1454-175MH-Volt-DBlO-5RI6- 250
Said property being located at:
LOTS 1,2,3,4,5,6,7,8,9,10,11, Block 33, together with Lots 1,2,3,4,5,6,7,8,9,10,
and the West 15.00 feet of Lot 5, Block 34, and Lots 6, 7, and 8, Block 35, HALLANDALE PARK,
according to the Plat thereof as recorded in Plat Book 12, at Page 37, of the Public Records of
Miami-Dade County, Florida
less and except the right of way dedication per Official Records Book 15458 at Page 4648,
and less and except Condominium Units described in Declaration of Condominium for A ventura
Office Parle Condominium, a Condominiwn, according to the Declaration thereof, recorded
September 5, 2003, in Official Records Book 21610, Pages 710 thru 860, of the Public Records
of Miami-Dade County, Florida.
Alsoknownasc.'/355 tc;sfD,XIe. f-/wy, A~(CI..-)F<-331'1.()
Seller covenants to Buyer that Seller is the lawful owner of the said goods and chattels; that they are free from all
encumbrances; that Seller has good right to sell that property, and that Seller will warrant and defend the sale of said property,
goods and chattels unto the Buyer against the lawful claims and demands of all persons whomsoever.
"Seller" and "Buyer" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal
representatives, successors and assigns of Seller and Buyer whenever the context so requires or admits.
ONDOMINlUM
ot-for-profit corporation
By:
Alan Benenson, PIesident
State of Florida
County of Miami-Dade J../
II (ll!(1t- ~ 2DCJCf .
The foregoing instrument was acknowledged before me this Ibday of ~y Alan Benenson, as PreSIdent of
A ventura Office Parle Condominium Association, Inc., a Florida not-for-p.ro. Urporation, on behalf Of. the corpora. tion, who
U is personally known or [Xl has produced a driver's license as identifica~ / .LJ. -
[Notary Seal] Notary ~bliC lA..~ ~
~ GLADYSOl6IO Printe4 Name: ~ I", d l/ So Onn b
W. .... MYCOMMlSSlOtullll17S114
, \ ' ; EXPIRES: JanUary 15.2.007
'::, .....,_-."",,_ My Commission Expires:
DoubleTlm....
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF AN
EASEMENT AGREEMENT FROM AVENTURA OFFICE PARK
CONDOMINIUM ASSOCIATION, INC. TO THE CITY OF AVENTURA TO
MAINTAIN THE STREETLIGHT ELECTRICAL SYSTEM AT 21355 EAST
DIXIE HIGHWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE EASEMENT AGREEMENT; AUTHORIZING ACCEPTANCE OF
THE EASEMENT AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Aventura Office Park Condominium Association Inc. was required to
install City standard decorative streetlighting within the public rights of way of NE 213
Street, NE 214 Street and East Dixie Highway as part of its development approval;
WHEREAS, Aventura Office Park Condominium Association Inc. has installed
the streetlights within its private property instead of the public rights of way and the City
has requested and the owner has provided an Easement Agreement in order that the
City may maintain the streetlights;
WHEREAS, the City Commission finds that it is appropriate and in the best
interest of the public to facilitate the dedication of this easement on private property,
and to accept the easement agreement.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1: That the easement agreement attached as Exhibit #1 is hereby
accepted and the City Manager is hereby authorized to execute and cause such
easement to be recorded in the Official Records of Miami-Dade County, Florida, subject
to confirmation by the City Attorney as to the legal form and sufficiency of the
instrument of conveyance.
Section 2: That the City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3:
hereof.
The foregoing resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
That this Resolution shall be effective immediately upon adoption
, who moved its
and upon being put to a
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-
Page 2
PASSED AND ADOPTED this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of February, 2004.
CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: Recommendation to select Irm to Design and Build Middle School
Wing Addition to Charter School RFQ #03-12-12-02
February 3, 2004 City Commission Meeting Agenda Item M
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution that selects
the firm to Design and Build Middle School Wing Addition to Charter School RFQ# 03-
12-12-02. The Resolution selects the firm of Charter SchoolHouse Developers. Inc. as
the recommended firm and authorizes the City Manager to negotiate a contract for
services.
BACKGROUND
The City issued a Request for Qualifications to obtain a firm to Design and Build Middle
School Wing Addition to Charter School. A Review Team consisting of the
Finance/Support Services Director, Community Services Director. Capital Project
Manager, Principal, Vice Principal and City Manager was formed to evaluate the
proposals and interview firms to propose to recommendation to the City Commission.
The following is a brief summary of the action taken by the Team to arrive at our final
recommendations:
1. An RFQ advertisement was placed in the newspaper, on the internet and
distributed to the vendor list.
2. On December 12, 2003. proposals were publicly opened from the following firms:
a. Tran Construction, Inc.
b. The Corradio Grouprr&G Constructors
c. Charter SchoolHouse Developers, Inc.
Memo to City Commission
Page 2
3. The firms were interviewed by the Team on January 13, 2004.
4. Based on the extensive RRQ submission requirements and interviews, the Team
reached a consensus to recommend one firm to the City Commission, with one
alternate that would be called upon should we fail to reach favorable terms with
the top ranked firm. A contract to establish a Development Agreement and fees
will be negotiated with the recommended firm.
The Team felt that both Charter SchoolHouse Developers, Inc. and the Corradio Group
were both qualified. However, based on a proven track record in meeting budgetary
and schedule constraints, the Team recommends Charter SchoolHouse Developer's
Inc. be selected.
Now that the Team has completed its work, the following actions are necessary to
complete the process:
1. Adopt the attached Resolution, which serves three (3) specific purposes. First it
ranks the firms. Second, it authorizes the City Manager to negotiate the contract
for services. Third, it establishes another firm as an alternate, should we be
unable to reach favorable terms with the selected firm.
2. After the contract is negotiated. it will be presented to the City Commission at a
future meeting.
Copies of all proposals are available for your inspection in the City Manager's Office.
It is anticipated that the School Board will approve the Middle School Addition to our
Charter Contract in March.
Should you have any questions, please feel free to contact me.
EMS/ja
Attachment
CC01627-04
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER
SCHOOLHOUSE DEVELOPERS, INC. TO DESIGN AND BUILD A
MIDDLE SCHOOL WING ADDITION TO THE CHARTER SCHOOL IN
ACCORDANCE WITH RFQ NO. 03-12-12--2; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID
SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRMS
TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRM BE UNSUCCESSFUL; 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 applicable state law, has
requested qualifications from firms for services relative to design and construction of a
middle school wing addition to the charter school; and
WHEREAS, said proposals were evaluated by a selection committee consisting
of the City Manager, Finance/Support Services Director, the Community Services
Director, Elementary School Principal and Vice Principal, and Capital Projects Manager;
and
WHEREAS, said selection committee recommends the firm of Charter
SchoolHouse Developers, Inc., based on the firm's experience and qualifications; and
WHEREAS, said selection committee recommends the selection of the firms of T
& G Constructors and the Corradino Group should the City be unable to reach
favorable terms with Charter SchoolHouse Developers, Inc.
WHEREAS, the City Commission desires to authorize the City Manager to
negotiate a contract for scope of services and fees with the recommended firm, and
with the alternate firms, should negotiations with the recommended firm be
unsuccessful.
Resolution No. 2004-_
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Charter SchoolHouse Developers, Inc. is hereby
selected to design and build a middle school wing addition to the charter school in
accordance with RFQ No. 03-12-12-2.
Section 2. The firm has been selected on the basis of its experience and
qualifications and has not finalized a fee structure or contract with the City. Therefore,
the City Manager shall immediately negotiate the scope of services and basis of fees
with said firm.
Section 3. In the event the City is unable to come to favorable terms and fees
with the firm of Charter SchoolHouse Developers, Inc., the City Manager is hereby
authorized to negotiate scope of services and fees with the alternate firms of T & G
Constructors and the Corradino Group.
Section 4. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
, who moved
its adoption. The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-_
Page 3
PASSED AND ADOPTED this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
r
\.
)
CITY OF A VENTURA
REQUEST FOR QUALIFICATIONS
03-12-12-2
DESIGN AND BUILD MIDDLE SCHOOL
WING ADDITION TO CHARTER SCHOOL
SUBMITTAL DATE: December 12,20032:00 P.M.
REQUEST FOR QUALIFICATIONS
RFQ #03-12-12-2
CITY OF A VENTURA
DESIGN AND BUILD MIDDLE SCHOOL WING ADDITION TO CHARTER
SCHOOL
The City of A ventura, Florida is seeking a qualified firm or company that has
successfully designed and built charter and/or other public schools to assist the City of
A ventura in the addition of a Middle School Wing to its existing Charter School.
Interested firms should pick -up the Request For Qualifications package at the following
location:
Office of the City Manager
City of A ventura
Government Center
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received at the above address no later than 2:00 p.m. on December
12, 2003 and clearly marked on the outside "DESIGN AND BUILD MIDDLE
SCHOOL WING ADDmON TO CHARTER SCHOOL." Late submittals will not
be accepted.
Please be advised that communications are restricted pursuant to the Cone of Silence
described in the specifications.
The City of A ventura reserves the right to request clarification of information submitted
and to request additional information. The City also reserves the right to reject any and all
proposals with or without cause and to waive any or all i larities with r gards to the
specifications.
Eric M. Soro a
City Manage
2
INVITATION TO SUBMIT OUALIFICATIONS
SUBJECT:
DESIGN AND BUILD MIDDLE SCHOOL WING
ADDITION TO CHARTER SCHOOL
OPENING DATE & TIME:
December 12,2003 @ 2:00 P.M.
SUBMIT TO:
Office of the City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
GENERAL REOUIREMENTS
A. Proposers must be authorized to do business in the State of Florida
and must possess all required registration, certification and licenses
(including design and construction) in accordance with all applicable
Florida Statutes, ordinances and regulations.
B. Proposers must have been in business for a period of no less than
three years. In the event of a joint venture, at least one of the entities
must have been in business for a period of no less than three years.
C. One original and five (5) additional copies of the RFQ response must
be furnished on or before the submission deadline indicated herein.
D. Costs of preparation of a response to this RFQ are solely those of the
proposer. The City of Aventura assumes no responsibility for any such
costs incurred by the proposer.
E. Proposing team members responding to this RFQ must be present at
presentation to the Selection Committee. The Committee will conduct
no phone interviews.
F. The contents of the written proposal of the successful firm will become
part of the contractual obligations.
G. Proposers shall respond to each item in the Submission Elements
Section.
H. Proposals shall be typed or printed. All corrections made by the
proposer prior to the initial screening must be initialed and dated by the
3
proposer. No changes or corrections will be allowed after the initial
screening of proposals has commenced.
I. The City of Aventura reserves the right to accept or reject any or all
proposals, with or without cause, to waive technicalities, or to accept
the proposal which, in its sole judgment, serves the best interest of The
City of Aventura.
J. Any person submitting a proposal in response to this invitation must
execute Form PUR.7068. SWORN STATEMENT UNDER SECTION
287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES,
including proper check(s) in the space provided, and enclose said form
with the proposal (See attached for blank form).
K. The City reserves the right to issue modifications or addenda to more
fully meet the needs of the City.
L. By submitting a proposal, the proposer certifies that he has fully read
and understands the proposal method and has full knowledge of the
scope, nature, and quality of work to be performed.
M. The City reserves the right to negotiate modifications to proposals that
it deems acceptable, reject any and all proposals, and to waive minor
irregularities in the procedure.
N. All proposals submitted shall be binding for one hundred twenty (120)
calendar days following opening. Proposals should be prepared
simply and economically, providing a straightforward, concise
description of the proposer's ability to fulfill the requirements of the
proposal.
O. In accordance with Chapter 119 Florida Statutes (Public Records Law),
and except as may be provided by other applicable State and Federal
Law, all proposers should be aware that Request for Proposals and the
responses are public record. All proposals received in response to this
Request for Proposal will become the property of the City of Aventura
and will not be returned to the proposers. In the event of contract
award, all documentation produced as part of the contract will become
the property of the City.
CONE OF SILENCE
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:
4
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, and/or any member of the City's selection or
evaluation committee.
The Cone of Silence shall be imposed upon each RFP, RFQ and bid after the
advertisement of said RFP, RFQ, or bid.
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.
The Cone of Silence shall not apply to:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
oral communications at pre-bid conferences;
oral presentations before selection or evaluation committees;
public presentations made to the City Commissioners during any duly
noticed public meeting;
communications in writing at any time with any City employee, unless
specifically prohibited by the applicable RFP, RFQ 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;
communications regarding a particular RFP, RFQ 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, RFQ or bid, provided the communication is limited strictly to
matters of process or procedure already contained in the
corresponding solicitation document;
communications with the City Attorney and his or her staff;
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;
any emergency procurement of goods or services pursuant to City
Code;
responses to the City's request for clarification or additional
information;
contract negotiations during any duly noticed public meeting;
5
(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.
Please contact the City Attorney for any questions concerning Cone of Silence
compliance.
Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFQ award or bid award to said bidder or proposer voidable by
the City Commission and/or City Manager.
BACKGROUND
The City of Aventura is located in northeast Miami-Dade County and is
approximately 3.2 square miles with a population of 27,500. The City opened a
Charter Elementary School in August 2003. which services 600 students in
grades K-5. The school is located at 3333 NE 188th Street.
INTENT
The City of Aventura, Florida desires to contract with a qualified and competent
independent company to design and build an addition to the school that would
house the Middle School Wing on a parcel of land located at 3205 NE 188th
Street. The school shall obtain all licenses, permits, use approvals, facility
certifications and other approvals as required for the use of the school facility by
the City or other governmental bodies or agencies at least ten (10) days prior to
Miami Dade County Public Schools' initial opening day of classes for the
2005/2006 school year. The City has acquired the site. The warehouse structure
that exists on the site will be removed as part of the construction work. The
property is approximately 1.5 acres of useable land. The property is located
adjacent to the Elementary School. The plan of the proposed middle Charter
School shall be designed and constructed to be compatible and interconnect with
the elementary school. The school will house 300 students in 6-8 grades. The
goal is to provide a school campus that services 900 students including K-8
grades.
The successful proposer will be also be required to provide assistance to the City
in the development of documents and information necessary to establish the
Charter School addition, including, but not limited to, the Charter school
application and contracts. and obtaining approval of The School Board of Miami-
Dade County, Florida.
6
SUBMISSION ELEMENTS
A. FACILITY AND SERVICES PROPOSED
The Proposal shall clearly describe in detail the facility, the scope of
services proposed, including details of the approach and work plans. A
statement shall be included which explains why the approach and plan
would be the most effective and beneficial to The City of Aventura.
The following areas shall be presented in detail:
. Qualifications: Proposers shall present evidence that they are fully
competent and have the necessary staff, facilities and financial
resources to design and develop the school. Team members with
appropriate expertise should be noted, particularly in presentations. All
team members, both those involved in facility construction and design
should be included, including affiliated companies. Preference will be
given to those firms that exhibit actual experience in designing and
building charter and/or other public middle schools/wings in Florida.
Preference may be given to those firms that exhibit actual experience
in designing and building other public middle schools in Florida.
. Site/Buildinq Utilization Plan: Preliminary schematics of any and all
site improvements (building, structures, connectivity to the elementary
school, etc.) offered by each Proposer with proposed preliminary
improvement costs shall be presented. Pictures, renderings, and
illustrations of the Proposer's planned facility should be included.
Location of classroom's and other internal spaces shall be provided as
well. Proposer shall label all classrooms and other internal spaces as
to the prospective use and shall clearly demonstrate how the
classrooms/spaces are of sufficient size and number to provide a
general broad-based grade 6-8 curriculum for 300 students in
accordance with Florida's charter school laws, and with class size
ratios not to exceed 25 students per teacher. Additionally, the planned
facility should include a media center sufficient to serve the needs of
the entire 900 student K-8 school. The proposal shall also present a
plan to adequately accommodate the traffic flow, drop-off/pickup,
parking and recreational needs of the school. Additional site
infrastructure needs should also be submitted with cost estimates. If
the plans are not readily bindable, then they may be submitted
separately in an appropriately marked and attached package.
Reductions may be included with proposals.
. Cost Plan: Proposers shall provide a detailed cost estimate for the
design and construction costs.
7
. Other Information: Any additional information to assist the City in its
evaluation of each proposal and optional additions to the Proposer's
base proposal, if any, shall also be presented.
. Timetable: The proposal must set forth a time table for the completion
of the services and improvements proposed including all activities from
proposal award to school opening. The school shall obtain all licenses,
permits, use approvals, facility certifications and other approvals as
required for the use of the school facility by the City or other
governmental bodies or agencies at least ten (10) days prior to Miami
Dade County Public Schools' initial opening day of classes for the
2005/2006 school year.
B. PROPOSER'S QUALIFICATIONS
This section of the proposal shall provide a complete description of the
firm, company or organization, including the size, range of activities,
financial history, net worth, assets, principal offices, professional
qualifications, and experience of the Proposer. Particular emphasis shall
be given as to the method and manner by which the team-wide
experience and expertise in similar engagements has been demonstrated.
C. REFERENCES
The proposer shall provide a list and description of similar projects
satisfactorily performed and completed within the past five (5) years. For
each project listed, include the name and telephone numbers of a
representative for whom the project was undertaken who can verify
satisfactory performance.
D. SUBMITTAL OF AlA FORMS
The Proposer shall submit with proposal a copy of the AIA254. AlA 255,
and AlA 305 forms.
E. INSURANCE REQUIREMENTS
The successful Proposer must submit, prior to the signing of contract, a
Certificate of Insurance showing The City of Aventura as additional
insured and proof of the following insurance meeting or exceeding the
following requirements:
Workers' Compensation Insurance - as required by law
Employer's Liability Insurance - $1,000,000 per occurrence
General Liability Insurance - $1,000,000 per person and
$1,000,000 per accident for bodily injury and property damages.
8
Professional Liability (Errors and Omissions) Insurance -
$1,000,000 with a deductible (if applicable) not to exceed $5,000
per claim. The certificate of insurance shall reference any
applicable deductible.
Automobile Liability Insurance $500,000 per occurrence $500,000
per accident for bodily injury and $500,000 per accident for property
damage.
Builder's Risk Insurance - in an amount not less than The
Replacement Cost for the construction of the work. Coverage shall
be "ALL RISK" coverage for one hundred percent (100%) of the
completed value with a deductible of not more than $5,000 per
claim.
EVALUATION OF PROPOSALS
1. Written proposals will be evaluated by a Selection Review Committee.
2. The top three (3) firms will be requested to make a formal presentation
before the Selection Committee. The Committee will recommend the
ranking of the firms to the City Commission. The City Commission
shall, by resolution, adopt the ranking of the firms and authorize
negotiations.
QUESTIONS
Questions concerning this Request for Proposals should be directed in writing to:
Eric M. Soroka, City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Email Sorokae@cityofaventura.com
Telephone 305-466-8910
Fax (305) 466-8919
Issues of substance that are brought to the attention of the City will be responded
to in writing, and copies provided to all firms who have received copies of the
RFQ.
CITY'S RIGHTS
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. Final determination and award of proposal (s) shall be made by the
City Commission.
9
All materials submitted in response to the Invitation to Submit Qualifications
become the property of the City of Aventura 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 ISQ whether amended or not and selection or rejection of the
Submittal 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 consultant.
10
..
CITY OF A VENTURA
REQUEST FOR QUALIFICATIONS
03-12-12-2
DESIGN AND BUILD MIDDLE SCHOOL
WING ADDITION TO CHARTER SCHOOL
SUBMITTED BY:
Charter SchoolHouse
Developers, Ine.
.Th1
CSD
Facility and Services Provided
Charter Schoolhouse Developers, Inc., (CSD) has developed this response to the
City of Aventura's Request for Qualifications (03-12-12-2) to Design and Build the
Middle School Wing Addition to Charter School. CSD's team is the only team with
relevant experience in the existing charter school having cornpleted the sarne for the
City of Aventura.
The new school building will consist of a two-story structure of approxirnately
25,000 sq. ft. which will accornrnodate 12 classroorns, for 6th through 8th grades, a
media center and art, music, science and E.5.E. labs. The structural envelope of the
building will be designed with concrete columns and beams, and rnasonry walls
with stucco finish. The first floor will consist of a concrete slab on grade and the
second floor and roof levels will be constTUcted with a concrete slab on pre-cast
concrete joists. Interior walls and partitions will be rnade of rnetal frarne with
drywall finish and paint in the classroorns, labs and general circulation areas.
Ceramic tile walls will be applied to restroorn walls. Floors will be finished with
vinyl cornposition tile in the restroorn floors. Ceilings will consist of suspended
acoustical tile on a metal grid for all the areas except the restrooms which will
receive moisture resistant drywall ceilings. The roofing system will be a built-up
rnodified biturnen roofing over rigid insulation. Building air conditioning will
consist of a split system with air handling equipment located in mechanical rooms
on each floor.
Our proposal consists of an integrated approach to the developrnent of the middle
school where we integrate both facilities as one while maintaining the separation of
the rniddle school with the lower grades. This is accomplished by utilizing the
kitchen area for both schools and providing additional adrninistrative offices in the
existing media center while incorporating a new rnedia center in the middle school
wing. Our construction schedule allows us to rnake the rnodifications to the existing
facility during the surnmer break and allowing for a cornplete turnkey to occur for
the 2005-2006 school year. The CSD team is the only team with a proven track
record to ensure that the facility is opened on time in a coordinated fashion with the
existing school.
We appreciate your consideration and look forward to the opportunity to provide
any additional inforrnation in a personal interview.
Charter Schoolhouse Developers, Inc.
CSD
Qualifications
Charter Schoolhouse Developers, Inc., (CSD) was founded in 1999, by Joaquin G.
A vin6. The firrn approaches the development of public and charter schools as an
alternative to current programs with a new and creative paradigm. A municipally
sponsored charter school demands professional competence and flexible charter
school development. Recognizing the success of corporate America's move toward
outsourcing and refocusing on core business, CSD concept allows Schools Boards
the alternative to expand developrnent without further encumbering existing staff.
Through public financing and leasing prograrns, CSD enables Design/Build/Lease
building programs to be accelerated.
Through it's program, needed school facilities can be delivered now to meet today's
crushing need without waiting the years required with current pay-as-you-go
funding methods. Time and money can be saved. CSD outsourced program for
facility delivery allows school systerns to renew their focus on education and leave
the cornplex issues of design, construction, cost rnanagernent and financing to
professionals with proven experience and expertise.
Through private sector development, CSD will provide cornprehensive services to
streamline the delivery process while offering alternative methods to finance and
leverage facility development. By reducing design and construction risk, and
ownership administrative cost requirements, CSD offers the School Boards of
Florida an opportunity to focus attention on education, while outsourcing the
burdensome responsibilities of design, construction, and even facility operations.
Following the trend of corporate Arnerica, CSD brings an efficient, responsive, and
quality-based solution to supplement existing programs and rneet the critical needs
of our children more rapidly
Prior to the formation of CSD, and under the leadership of Joaquin Avin6, the
principals of CSD were associated with Florida Schoolhouse Developers, Inc., which
spearheaded the formation of the Ryder Charter School, the first charter school-in-
the-workplace in the u.s. and the Coral Springs Charter Middle and High School,
the largest municipally organized charter school in the country.
o Ryder Elernentary Charter School, the first charter school-in-the-workplace
in the us. The 30,000 square foot facility serves 500 students in the Doral
area.
o Coral Springs Charter Middle and High School, a 180,000 square foot
facility serving 1,500 students in grades 6th through 11 th in the City of Coral
Springs. This rnunicipally organized charter school was selected "Best
Alternative Use" by the South Florida Business Journal.
Charter Schoolhouse Developers, Inc.
CSD
Qualifications
CHARTER SCHOOLHOUSE TEAM
The Charter Schoolhouse Developers' Team is comprised of highly qualified
individuals designed to meet the challenges associated with a project of this nature.
CSD has a long standing association with Luis Machado Construction (LMC). As a
team, the two entities have jointly developed three charter schools, one of which is a
municipally sponsored charter school. LMC is highly experienced in public
educational facilities and has been responsible for the construction of the following
(CSD) developed school facilities.
o Downtown Miami Charter School - opened it's doors in 2002, serves K-5th
grades in a two-story facility 41,000 located in the heart of Downtown Miami
o Keys Gate Charter School - serves K-8th grades in a 64,000 square foot, one-
story facility in approximately 10 acres of land in Homestead, Florida opened
in 2003.
o Aventura Charter School- opened in 2003 in a 44,000 square foot facility,
serves approximately 600 students from K-5th grades in the City of A ventura.
CSD and LMC are currently in the development stages for two additional charter
schools scheduled to open in August 2004. These are the Waterstone Charter
School located in Homestead serving K-8th grades for 1000 students and the Sunset
Charter School located in the Southwest Miami area serving K-5th grade for 600
students. These two projects are being developed utilizing the same team of CSD,
LMC and the architectural team of Perez Associates.
The architectural tearn of Perez Associates (P A) has extensive expenence In
building and designing of educational facilities. PA was founded in 1981 by
Osvaldo J. Perez. PA will put forth every effort to compliment the design of the
planned community center to create a campus concept.
Charter Schoolhouse Developers, lnc.
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A VENTURA CHARTER SCHOOL
AVENTURA, FLORIDA
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PROJECT BUDGET
ARCHITECTURAL AND ENGINEERING
Architectural & Engineering, General..... ........................................................................ $180,000
A & E Reimbursable ................................................................................................... $10,000
TOTAL A & E FEES........................................................................................................ $190,000
FINANCING COSTS (Provided by City)
TOTAL FINANCING FEES ...................................................................................................... $0
LAND COSTS (PROVIDED BY CITY)
TOTAL LAND COSTS ............................................................................................................... $0
DEVELOPMENT COSTS
Escrow and Legal Costs........................................................................................................ $15,000
Real Estate Developer Fee ..................................................................................... $350,000
TOTAL DEVELOPMENT COSTS ................................................................................ $365,000
CONSTRUCTION COSTS (SEE ATTACHED SCHEDULE)
CONSTRUCTION COSTS........................................................................................... $3,119,000
TOTAL PROJECT BUDGET ...................................................................................... $3,674,000
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CSD
Timetable
Overview
Charter Schoolhouse Developers utilizes a team approach to Design/Build project scheduling
consisting of easy to follow set of scheduling tools which enables the team to effectively
manage and control design, permitting and construction activities. The project scheduling
consists of utilizing a Design! Architectural Schedule, Development Schedule and
Construction Schedule. This scheduling system can be revised to show start versus revised
dates on the project and can be updated daily.
Development
The schedule addresses the predevelopment and development needs of the project and
provides the overall scheduling strategy. It also indicates the architectural, engineering and
permit objectives which enables the project management team to respond in a timely fashion.
Construction Schedule
Similar to the overall development schedule, the more detailed schedule utilizes a team
approach to the scheduling of the construction activities. This enables the project
management team to control, monitor and direct procurement and construction of the project.
Most importantly, the Construction Schedule identifies the milestone dates which represent
the critical path of overall construction and development of the project.
Summary
In anticipation of an August 2005 opening, construction shall commence in July 2004 with
the architectural design schedule commencing in February 2004.
Charter Schoolhouse Developers, Ine.
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CSD
Proposer's Qualifications
In response to the growing cnSlS in the financing and delivery of educational
infrastructure, Charter Schoolhouse Developers (CSD) was forrned. The firm was
founded in 1999, by Joaquin G. Avifi6, PE, PLS- who resides in Miarni, Florida. The
firm offices were recently relocated to 1500 San Remo Avenue, Suite 170, in Coral
Gables, Florida. The firm approaches the development of public and charter schools
as an alternative to current programs with a new and creative paradigm.
Recognizing the success of corporate America's move toward outsourcing and
refocusing on core business, CSD concept allows Schools Boards the alternative to
expand developrnent without further encurnbering existing staff. Through public
financing and leasing programs, CSD enables Design/Build/Lease building
programs to be accelerated.
Through it's program, needed school facilities can be delivered now to meet today's
crushing need without waiting the years required with current pay-as-you-go
funding rnethods. Time and money can be saved. CSD outsourced program for
facility delivery allows school systems to renew their focus on education and leave
the complex issues of design, construction, cost management and financing to
professionals with proven experience and expertise.
Through private sector development, CSD will provide comprehensive services to
strearnline the delivery process while offering alternative methods to finance and
leverage facility development. By reducing design and construction risk, and
ownership adrninistrative cost requirements, CSD offers the School Boards of
Florida an opportunity to focus attention on education, while outsourcing the
burdensome responsibilities of deSign, construction, and even facility operations.
Following the trend of corporate America, CSD brings an efficient, responsive, and
quality-based solution to supplement existing programs and meet the critical needs
of our children more rapidly. Charter Schoolhouse Developers, Inc. is in its fourth
year of business.
Prior to the forrnation of Charter Schoolhouse Developers and under the leadership
of Joaquin Avifi6, the principals of CSD were associated with Florida Schoolhouse
Developers, Inc., which spearheaded the formation of the Ryder Charter School, the
first charter school-in-the-workplace in the US. and the Coral Springs Charter
Middle and High School, the largest rnunicipally organized charter school in the
country.
o Ryder Elementary Charter School, the first charter school-in-the-workplace
in the US. The 30,000 square foot facility serves 500 students in the Doral
area.
Charter Schoolhouse Developers, Inc.
CSD
Proposer's Qualifications
o Coral Springs Charter Middle and High School, a 180,000 square foot
facility serving 1,500 students in grades 6th through 11th in the City of Coral
Springs. This municipally organized charter school was selected "Best
Alternative Use" by the South Florida Business Journal.
CHARTER SCHOOLHOUSE TEAM
The Charter Schoolhouse Developers' Team is comprised of highly qualified
individuals designed to meet the challenges associated with a project of this nature.
CSD has a long standing association with Luis Machado Construction (LMC). As a
team, the two entities have jointly developed three charter schools, one of which is a
municipally sponsored charter school. LMC is highly experienced in public
educational facilities and has been responsible for the construction of the following
(CSD) developed school facilities.
o Downtown Miarni Charter School - opened it's doors in 2002, serves K-5th
grades in a two-story facility 41,000 located in the heart of Downtown Miami
o Keys Gate Charter School - serves K-8th grades in a 64,000 square foot, one-
story facility in approximately 10 acres of land in Homestead, Florida opened
in 2003.
o Aventura Charter School- opened in 2003 in a 44,000 square foot facility,
serves approximately 600 students from K-5th grades in the City of Aventura.
CSD and LCM are currently in the development stages for two additional charter
schools scheduled to open in August 2004. These are the Waterstone Charter
School located in Homestead serving K-8th grades for 1000 students and the Sunset
Charter School located in the Southwest Miami area serving K-5th grade for 600
students. These two projects are being developed utilizing the same team of CSD,
LCM and the architectural team of Perez Associates.
The architectural team of Perez Associates (P A) has extensive experience In
building and designing of educational facilities. PA was founded in 1981 by
Osvaldo J. Perez. PA will put forth every effort to complirnent the design of the
planned community center to create a campus concept.
Charter Schoolhouse Developers, Ine.
CSD
Proposer's Qualifications
QUALIFICATIONS
Corporate Office:
State of Incorporation:
Shareholders I Officers:
Employer ID No.:
Licenses:
Bank Reference:
Charter Schoolhouse Developers, Inc.
1500 San Remo Avenue
Suite 170
Coral Gables, Florida 33146
(305) 668-2200
(305) 668-2211 Fax
Florida, April 1999 (P99000036605)
Joaquin G. Avin6, President
65-0916980
FL Registered Engineer PE
FL Registered Land Surveyor
19043
LS3307
Prernier American Bank
Mr. William Herrera, President
5900 Bird Road
Miami, FL 33155
(305) 740-6000
(305) 740-7474 Fax
Charter Schoolhouse Developers, Inc.
CSD
References
Project Name:
Project Address:
Contact Person:
Phone:
Construction Value:
Date of Completion:
Project Name:
Project Address:
Contact Person:
Phone
Construction Value:
Date of Completion:
Project Name:
Project Address:
Contact Person:
Phone
Construction Value:
Date of Completion:
Project Name:
Project Address:
Contact Person:
Phone
Construction Value:
Date of Completion:
Ryder Elementary Charter School
8360 NW. 33 Street
Miami, FL 33122
Glenn Schneider
(305) 500-3483
$4,500,000.00
August 1999
Coral Springs Middle and Senior Charter School
3205 University Drive
Coral Springs, Florida
Michael Levison, City Manager
City of Coral Springs
(954)344-5906
$7,000,000.00 Phase I
$4,000,000.00 Phase II
August 1999- Phase I
August 2000- Phase II
Downtown Miami Charter School
305 N.W. 3 Avenue
Miami, Florida 33128
Carlos Migoya, President
Downtown Miami Charter Foundation
(305) 789-4818
$5,200,000.00
August 2002
Keys Gate Charter School
2000 S.E. 28th Avenue
Homestead, Florida
Eddie Berrones, Councilman
City of Homestead
(305) 245-4994
$8,900,00000
August 2003
Charter Schoolhouse Developers, Inc.
CSD
References
Project Name:
Project Address:
A ventura Elernentarv Charter School
"
3333 N.E. 188 Street
Aventura, Florida
Eric M. Soroka, City Manager
City of A ventura
(305) 466-8910
$5,500,000.00
August 2003
Contact Person:
Phone
Construction Value:
Date of Completion:
Charter Schoolhouse Developers, Inc.
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City Manager
BY: Antonio F. Tomei, Capital Projects Manager
DATE: February 23, 2004
SUBJECT: N.E. 31st Avenue Park
February 3, 2004 City Commission Meeting Agenda Item 6-F
Recommendation
It is recommended that the City Commission adopt the attached Resolution dedicating
a ten (10) foot wide Easement to Florida Power and Light for the NE 31st Avenue park.
Backaround
Florida Power and Light requires a 10' easement to incorporate existing underground
power lines falling outside of the boundaries of the existing utility easement. The
proposed easement will allow FPL to transition the existing underground lines to the
existing utility easement and allow esthetic placement of the existing electrical switch
box and proposed transformer to a location acceptable to the City and FPL.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10)
FOOT WIDE EASEMENT TO FLORIDA POWER AND
LIGHT ("FPL") ON THE NE 31sT AVENUE PARK SITE;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura requires electrical service to the new park
located at 18375 NE 31st Avenue; and
WHEREAS, existing underground FPL lines are outside of the boundaries of the
existing utility easement; and
WHEREAS, use of the existing underground FPL lines is required to provide
power to the subject park; and
WHEREAS, FPL requires a recorded easement prior to providing electrical
service to the subject park and to operate and maintain said electrical services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Easement dedication, as reflected on the attached
Easement, inclusive of the Sketch and Legal Description, is hereby accepted and the
City Manager is hereby authorized to cause such Easement to be recorded in the
Official Records of Miami-Dade County, Florida, subject to confirmation by the City
Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
, who moved
, and
Resolution No. 2004-_
Page 2
PASSED AND ADOPTED this 3'd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Work Order No.
EASEMENT
This Instrument Prepared By
Sec.l , Twp 52 S, Rge 42 E Name:
Parcel I.D.2822030610010
(Maintained by County Appraiser)
Co. Name:
Address
Form 3722 (Stocked) Rev. 7194
pg_of_.
The undersigned, in consideration of the payment of $1. 00 and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its licensees,
agents, successors. and assigns, an easement forever for the construction.
operation and maintenance of a~. sTkeaEl aaR underground electric utility facilities
(including wires, poles. guys, cables. conduits and appurtenant equipment) to be
installed from time to time; with the right to reconstruct, improve, add to, enlarge,
change the voltage, as well as, the size of and remove such facilities or any of
them within an easement 10 feet in width described as follows:
R.Ml'\redIorClrcuil.COI.It
SEE ATTACHED EXHlBIT "A" and ATTACHED EXHlBIT "B"
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at
all times; the Ii!ht t8 elear the land 8:fl6. keSJ' it sleMea sf aR kees, l:lBaeFgFavv1ll fm.a Btker ebstruetiens-wit:lHn the easemeRt area; to
mmlU'ld. cl1t frat! lfeep trimmed. sa eut-a.ll-dead, ~Neali, leaftiug af 9anger6tlJ trees ef liHi5J 5tlt3ide at" the e5:3,mctd MGA nhiGh ld:ight
inh....Lf~H.. n ~t:t 01 fall tlpOn th" lifte] 6f ~ stems at eel:BffiWlieat:iens af PS";, er 1:fansmissiea af distrilnHisR; Blld further grants, to the
fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over,
along, under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on .20_.
Signed, sealed and delivered
in the presence of:
By,
(Corporate's name)
CITY OF AVENTURA
(l\wu:J_.if:'_ :~1Mu<8)
(Witness'Signature)
Print Name:
ERIC H. SOROKA, ICMA-CH
(City Manager)
19200 w. COUNTRY CLUB DR.
AVENTURA, FL 33180
Print Name
(Witness)
Print Address:
(Witness' Signature)
Attest:
(Eeeretafy'Buigll8mn)
Print Name
Print Name:
(Witn"")
Print Address:
TERESA H. SOROKA, CHC
(City Clerk)
19200 W. COUNTRY CLUB DR.
AVENTURA, FL 33180
(Corporate Seal)
STATE OF AND COUNTY OF The foregoing instrument was acknowledged before
me this day of . 20~ by , and
respectively the President and Secretary of
. a corporation, on behalf of said corporation, who are personally known to me or have produced
_ as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
ADDENDUM NUMBER ONE
TO EASEMENT BETWEEN
CITY OF A VENTURA, AS GRANTOR, AND
FLORIDA POWER & LIGHT COMPANY, AS GRANTEE
THIS ADDENDUM NUMBER ONE is attached to and shall be construed as part of that
certain Easement granted by Grantee of even date herewith (the "Easement").
1. Addendum Number One Controls. In the event of any conflict between this
Addendum Number One and the Easement it is agreed that this Addendum Number One shall
control.
2. This Easement. All references herein to "this Easement" shall include Addendum
Number One of the Easement.
3. Improvements and Restoration. The parties acknowledge and agree that
Grantor has previously constructed certain improvements within the easement including, but not
limited to, paving, curbing, landscaping and light posts in connection with the use of Grantor's
property as a public park. Grantee, at its cost and expense, shall repair, restore and replace, as
applicable, Grantor's property and any improvements thereon to their pre-existing condition or
better in connection with the exercise of Grantee's rights hereunder including, but not limited to,
any restoration to Grantor's property and improvements due to damage or removal occurring
during construction, maintenance, and/or repair work performed by or for the Grantee. Said
repairs, restoration and replacements, as applicable, shall be made to Grantor's reasonable
satisfaction within seven (7) days following the event giving rise to the need for such repair,
restoration or replacement. Grantee shall use reasonable efforts to minimize any impacts to
Grantor's ongoing activities on the property in exercising its rights hereunder.
4. Rights Reserved. The easement rights granted herein are non-exclusive in nature
and are subject to all matters of record. Grantor shall have the right to use the property, or any
portion thereof, for any purpose not inconsistent with the full use and enjoyment of the rights
granted herein in favor of Grantee.
[THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK]
EXHIBIT "A"
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _ day
of , 2004.
Witnesses:
GRANTEE:
FLORIDA POWER & LIGHT CaMP ANY
By:
Name:
Title:
Print Name:
Print Name:
Date:
,2004
GRANTOR:
Attest:
CITY OF A VENTURA, a Florida municipal
corporation
By:
Teresa M. Soroka, CMC
City Clerk
Eric M. Soroka
City Manager
Date:
Approved as to legal form and sufficiency:
,2004
By:
City Attorney
[ACKNOWLEDGMENTS ON FOLLOWING PAGE]
2
DESCRIPTION: (FPL EASEMENT)
A PORTION OF TRACT "A", PENINSULA, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 158, PAGE 24 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE NORTH 89"
5T 15" EAST, ALONG THE SOUTH BOUNDARY OF SAID TRACT "A", A DISTANCE OF 10.22
FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE ARC OF A CURVE TO
THE LEFT FROM WHICH THE RADIUS POINT BEARS SOUTH 78" 18' 39" WEST; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 310.00 FEET, A
CENTRAL ANGLE OF 12" 29' 57" A DISTANCE OF 67.63 FEET TO A POINT OF REVERSE
CURVATURE; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 21" 28' 30", A DISTANCE OF
52.47 FEET TO THE POINT OF TANGENCY THENCE NORTH 02' 42' 48" WEST, A
DISTANCE OF 79.13 FEET, THE LAST THREE (3) COURSES BEING ALONG A LINE
PARALLEL TO AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE
WEST BOUNDARY OF SAID TRACT "A", THE LAST THREE (3) COURSES ALSO BEING
ALONG THE EAST BOUNDARY OF THAT CERTAIN to FOOT FPL EASEMENT AS
RECORDED IN OFFICIAL RECORDS BOOK 19404, PAGE 697 OF SAID PUBLIC RECORDS;
THENCE NORTH 87' 17' 12" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 02" 42'
48" EAST, A DISTANCE OF 7913 FEET TO THE POINT OF CURVATURE OF A CIRCULAR
CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAIO CURVE, HAVING A
RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 2t" 28' 30", A DISTANCE OF 48,73 FEET
TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE SOUTHERLY ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 320.00 FEET, A CENTRAL ANGLE OF 12" 52'
04", A DISTANCE OF 71.87 FEET TO SAID SOUTH BOUNDARY; THENCE SOUTH 89" 57' 15"
WEST, ALONG SAID SOUTH BOUNDARY, ALSO BEING NON-RADIAL TO THE LAST
DESCRIBED CURVE, A DISTANCE OF 10.20 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
THE BEARINGS REFERENCED HEREIN ARE BASED ON A BEARING OF NORTH 89" 57' 15"
EAST ALONG SAID SOUTH BOUNDARY OF TRACT "A" AS SHOWN ON SAID PLAT,
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON & ASSOCIATES, INC.
C FICATE OF AUTHORIZATIOr; NUMBER LB 271
\ \I~\o~
JON V L TING
PROFESSIONAL SURVEYOR AND MAPPER NO. 4'99
STATE OF FLORIDA
Not valid without the signature and the orIginal raised seal of a Florida licensed surveyor and mapper.
EXHIBIT "B"
SHEET I OF 2
eTA JOB NO. 01-0103.024
DATE: January [2.2004
L:\ClericaIVOBS\200 1 \0 1-0 I 03\LEGAL \BARK JPL.doc
(IJ CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS . PLANNERS . SURVEYORS
'l/Jl..T 3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIO A 33309 (954) 739-6400
';, FAX, (954) 739-6409
FOR, City of Aventura
~O
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I
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/---
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I 110' 10 -
II
w. BOUNOAR~ I
TRACT "A" 1-
L_
I '
1\ paiN T OF COMMENCING
\ s.w. TRACT "A"
I.
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I \
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I \
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JOB NO.: 01 0103.024 DRAWN BY; JVN
NOTE: THIS IS 1:ill.! A SKETCH OF SURVEY, but only Q graphic depletion
of the dllcrlptlon .hown har,on. Th.... no. b.." no fI.ld wDt1c, vi.wlng of
the lubJect property, or monum.nhl ,.t In connection wllh the pflporotJon
of th, information .hown her,on.
SKETCH TO ACCOMPANY DESCRIPTION
FPL EASEMENT
S. BOUNDARY TRACT "A"
N. BOUNDARY TRACT "8" f~cm1H 89' 57' 15" EAST. 10.22'
2. SOUIH 78' 18' 39' WEST (RADIAL)
J. RADIUS - 310.00'
DELTA - 12' 29' 57"
ARC LENGTH = 67.63'
4. RADIUS = 140.00'
DaTA = 21. 2B' JO.
ARC LENGTH = 52.47'
5. NDRIH 02' 42' 48" WEST. 79.13'
6. NORTH 87' 17' 12- EAST. JO.OO'
7. SOUTH 02' 42' 48" EAST, 79.13'
B. RADIUS.. '.30.00'
DELTA... 21' 28' 30M
ARC LENGTH = 48.73'
9. RADIUS = .320.00'
OELTA ... '2' 52' 04"
ARC LENGTH = n.87'
10. SOUTH 89 57 15 ~ST, 10.20'
70' FPL EASEMENT
OFFICIAL RECORDS BOOK
19404, PAGE 697
7
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il S. BOUNDARY
. _ ..IBACL.::B~ .
TRACT "A"
PENINSULA
PLAT BOOK 15B. PAGE 24
ALL THE RECORDING INFORA..fA nON REFERENCED HEREON CAN BE
FOUND IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FlORIDA. SHEET 2 OF 2 SHEETS
UPDATES end/er REVISIONS DATE BY CK'D ~ Th. und...lgned afId CRAVEN-THOWPSON ac A.SSOCIATES, INC. moll. no
r.pr......tatlon. Of' guarante.. ae to the Informatllltl reflected h..~ pertaining to
ecre~enb. rlg/'lb-of-woy. ..t boek JIn... re..rwtlon.. ogreemente and oUl..
elmHor matt.... OI'Id further, thIs lnetnJment 1. not Intended to ren.et or ..t forth
011 such matters. Such Information anould be obtained and COl'lflrmed by ath...,
through appropriate tItle verification.
M2R. Lande .nown hereon w...e not ab.troct.d for rlght-at-woy and/or
eo'~lIIIbofreCOl'"d..
G: \2001 \01010.3.011 \DWG\ TR-A-PENIN-FPL.DWG
CHECKED BY: RY F.B. PG. DATED: t-12-04
,
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CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
DATE:
ort Services Director
TO: City Commission
FROM:
BY:
January 28, 2004
SUBJECT: Resolution Amending Money Purchase Plans
February 3, 2004 City Commission Meeting Agenda Item b G
Recommendation
It is recommended that the City Commission adopt the attached Resolution
which changes the provisions of the City's 401 (A) Money Purchase Plans relating
to certified police officers.
Backqround
The changes accomplished by this Resolution are required to implement the
Addendum to the Collective Bargaining Agreement with the PBA relating to
establishing a defined benefit retirement plan.
These amendments to the adoption agreements are necessary to formally notify
ICMA Retirement Corporation that certified police officers will no longer be
included in the Plans and to allow for rollover of funds in the 401 accounts to the
new defined benefit plan.
Based on the foregoing, I recommend approval of the changes which will be
accomplished by adoption of this resolution. If you have any questions or need
additional information, please feel free to contact me.
HMK/mn
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REVISED ADOPTION AGREEMENTS
AND TRANSMIT SAME TO THE ICMA RETIREMENT
CORPORATION; 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 has employees rendering valuable services;
and
WHEREAS, in recognition of said valuable services, the City adopted
Resolution No. 96-19 establishing money purchase plans for all full time City
employees; and
WHEREAS, through collective bargaining with its police officers, the City has
agreed to provide a defined benefit retirement plan covering all full-time certified
police officers effective October 1, 2003; and
WHEREAS, the collective bargaining agreement requires that all employees
serving as a City of Aventura Police Officer on October 1, 2000 receive credit for
service prior to October 1, 2003 and that prior service be partially funded by transfer
of all funds accrued in the City's 401 (A) plans for said employees being transferred
to the newly created defined benefit plan; and
WHEREAS, it is necessary to amend the ICMA plan numbers 9534 and 9535
to allow for the rollover of funds from the money purchase plans to the newly
created defined benefit plan once the defined benefit plan is fully operational.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1: The City Manager is hereby authorized to execute the attached
Revised Adoption Agreement and to transmit same to the ICMA Retirement
Corporation.
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:
Resolution No. 2004-_
Page 2
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
lCMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
REVISED ADOPTION AGREEMENT (EFFECTIVE -1..Q-.,i-G;!)
10-01-03
Account Number q 5 3 Lt
The Employer hereby establishes 'a Money Purchase Plan and Trust to be known as Ci ty of Avent
Frnp 1 rlYf>P;; Rf>t'i remen t' Plan (the "Plan") in the form of the lCMA Retirement
Corporation Prototype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defmed contribution money purchase plan.
o
Yes
o
No
If yes, please specify the name of the defined contribution money purchase plan which th,s Plan
hereby amends and restates:
I.
Employer:
City of Aventura
II. Prototype Sponsor:
Name: ICMA Retirement Corporation
Address: 777 N. Capitol Street, N.E.
Washington. D.C. ZOOOZ-4240
Telephone Number: (ZOZ) 96Z-4600
111. The Effective Date of the Plan shall be the fitst day of the Plan Year during which the
Emplorer adopts the Planiunless an al,ernace Effective Date is hereby specified:
~() if I, /qqrg .
IV. Plan Year w,ll mean:
o The twelve (12) consecutive month period which coincides with the limlca-
tion year. (See Section 6.05(i) of the Plan.)
W The twelve (lZ) consecutive month pe'riod commencing on 10101 and
each anniversary thereof.
M~ 2000
10-01-03
REVISED ADOPTION AGRFFMFNT (""""C'TTVE -tiT...,-t-~)
I
V. Normal Retirement Age shall be age 5 Cfl/ 2(not to exceed age 65).
VI. ELIGIBILITY REQUIREMENTS:
1.
The following group or groups of Employees are eligible to participate tn the Plan:
See Notes
A,B,C & D
All Employees
All Full-Tlme Employees
Salaried Employees
Non-union Employees
Man~gem.ent Employees
Public Safety Employees
General Employees
X Other (specify below)
All employees other than City Manager, Department
D{rectors and Assistant Department Directors.
The group specified must correspond to a group of the same designation that is deftned
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
2.
The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N / A
(write N/ A if an Employee is eligible to participate ,upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
- ,
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/ A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one, if applicable):
rn
Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
13.5% (EFFECTIVE 10-1-02)
The Employer shall contribute on behalf of each Participant *~G-% of
Earnings or $ll..J1Cfor the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required ro contribute 0 0 % of Earnings
or $Q.JlQfor the Plan Year as a condttion of participation tn the Plan. (Wrlte
"0" if no contribution is required,) If Participant Contributions are required
under this option. a Participant shall not have the right to discontinue or
vary the rate of such contributions aftetbecoming a Plan Participanc.
See Notes
B & C
t..ii:.V(
,;
r.
I
REVISED ADOPTION AGREEMENT
(EFFECTIVE iB:~I~fi1
The Employer hereby elects co "pick up" the Mandacory/Required Partlclpam
Contribution. .
o
Yes
iii
No
(Note to Employer: Neither an opinion letter lssued by the Internal
Revenue Service with respect CO the Prototype Plan, nor a determinatlon
letter Lssued CO an adopting Employer ls a rullng by the Internal Revenue
Service that Particlpant contributions that are picked up by the Employer are
not includa,ble in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
lfthey meet the requirements of Rev. Rul. 81-35, 1981-1 C.B. 255. Those
requirements are (I) that the Employer must speclfy that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lleu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amOunts directly lnstead of
having them paid by the Employer to the plan.]
o Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Particlpant _ % of Earn-
ings for the Plan Year (subject CO the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed _% of
Earnings or $_. Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case.no Employer contri-
bucion will be made on the Participant's behalf in that Plan Year.
o Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Particlpant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
_ % of the Participant contributions made by the Participant for
the Plan Year (not mcluding Partlcipant contributions exceeding _ % of
Earnings or $ ); ,
PLUS % of the contdbutions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
Lng Participant contributLons exceeding in the aggregate _ % of Earnings
or $ ).
Employer Contrlbutlons on behalf of a Participant for a Plan Year
shall not exceed $ or _% of Earnlngs, whichever is 0 more or
'0 less.
(EFFECTIVE 10-01-03)
~
RFVIC;Fn AnnPTlnN arnr-r-unIT
2. Each Participant may make voluntary (unmatched), after-tax contdbution, subject co
the limitations of Section 4.05 and Articles V and VI of the Plan.
o Yes C3 No
3. Employer contributions and Particlpant contributtons shall be contributed to the
Trust tn accordance with the following payment schedule;
Bi-weekly
VIII. EARNINGS
Earnings, as deflned under Section 2.09 of the Plan, shall include;
(a) Overtime
0 Yes
:
(b) Bonuses
0 Yes
IX. LIMITATION ON ALLOCATIONS
iKI No
~ No
If the Employer 0) maintains or ever maintained another qualified plan in which any Par-
ticipant in this Plan is (or was) a participant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi-
vidual medical account (as defined in section 4l5(l)(Z) of the Code, under which amounts
are treated as Annual Additions with respect co any Participant in this Plan) the Employer
hereby agrees to limit contributions co all such plans as provided herein, if necessary in order
co avoid excess contributions (as described if'_ Sections 6.03 and 6.04 of the Plan).
I. If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (0 of the Plan will apply as if the ocher plan were a
Master Prototype Plan, unless another method has teen indicated below.
o
Other Method. (Provide the method under which the plans will limit
tmal Annual Additions co the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner rhar precludes Employer
discretion.)
I
REVISED ADOPTION AGREEMENT
(EFFECTIVE -l.Q-t~ 10-01-03
S,ee Notes
B,,~ C
.>
/
."!
"
,
!
2. If me Participanr is or has ever been a participanr in a defined 1:x:nefir plan matn-
eained by rhe Employer, and if the limieadon in Section 6.04 of me Plan would be
exc=:led, chen the Participant'S Projected Annual Benefit under the defined benefit
plan shal11:x: reduced in accorcl:u;u with me rerms thereof to the extem ru:=ary co
sadsfy n.dtlimieation. U such plan docs not provide for such reduction, or if the
limitation is still exceeded after the reduction, annual additions shall be reduced to
the e:xr=t nec.=ry in the manner described in Sections 6.01 rhrough. 6.03. The
methods of avoidlng the limieation described tn chJs paragraph win nor apply if the
Employer lndic.acC:5 anorh.c:r method 1:x:low.
o Other Method. (Norc: to Employer: Provide below language which wills.o:tisfy
the l.0 limitation of .><:coon 415( e) of the Code. Such language muse
pn::clude Employer di.scrt:tion. See section 1.415-1 of the Regulations for
guidance_ )
3. The limitation year is rhe fonowing IZ-consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule. subject to (l) the minimum
vesdng requirements as noted and (Z) me concurrence of the Plan Adminiscracor.
Years of
Serv ice .
('"",moleted
Specified
Percent
V~-5rinp
Revised Percent
Vesting Effective
1/1/00
20%
40Z
60%
80Z
100%
100%
..
Zero
One
Two
Three
Four
Five
Six
Sc::....cn. or mon:
() %
~-%
--B-- %
--2.0-- %
--40- %
~U-%
--SO- %
.._. lCX2.%
Loans ate pcrmltted under the Pl;;:;,:'as'provided in Ardcle XIV:
1___._--..-..... ... ..... ..
~ Yes 0 No
REVISED ADOPTION AGREEMENT (EFFECTIVE-liT-t-frl-) 10-01-03
Minimum
Vesting
Reauiremencs**
No minimum
No minimum
No minimum
Nor less than 20%
Nor Jessdun4D%
Nor less man 60%
Nodes.s rhan.80%
Musr' equalIO'J%
. t i.~~
(.~Thesl: minimum vesdng r~~,i~mcnts conform toche Code's wee co sevc:n",ye'ar vesting
schedule. If ,he e~ployee beCOCc\cl 100% vested by the comp\~tion of five yearsot service,
then:: is no mtnimum for yean '\:hree and four.)
<,
i"...'
XI.
II
XII. The Employer h=by aae:so that it is a uni, of sta,e Dr loc;.l government or an agency or
inscrumencaliry of ~ or more unies of so.,e err: local gov=ment_
XliI. The Procotype Sponsor hereby ag:r= CO inform the Employer of any amendments to me
PIan made pur.suanc co Section 15.05 of the Plan or of the discontinuana: or abandonment
of me'Plan.
XIv. The Employer h=by appoines the ProCDtype Sponsor as the Plan Administracor pursuaht 'D
the ,erms and cDndicions of the leMA. RETIREMENT CORPORATION PROTOTl'PE .
MONEY PURCHASE PL\N & TRUST.
I
The Employer hereby agrees co the provisions Df the Plan and Trust;
xv. The Employer hereby acknowledges ic understands thac failure co properly fill out chis
Adopcion Agreemem may resul, in disqualification of che Plan.
,
XVI. An adopting Employer may not rely on a. notification lecter issued by the Nacional or
Discrict Of/lee of ,he lncernal Revenue Service as evidence chac the Plan is qualified
under section 40 I of me Internal Revenue Code_ In order co obcain rdiance .wim
r<:spec, CO plan qualificaciDn, the Employer musc apply co me appropria,e key discricc
office for a determinacion leaer.
This Adop,ion Agreement may be used only in conjunction with basic Plan document
number 001.
See NOte D for Rollovers for Certified Police Officers.
In Wimc:ss Whereof, the Employer hereb.Y causes this Agreement co be executed on ,
this day of --'--'-_ ' .
By: . ' .~
Eric K. Soroka
,TIde. "J:it}', Kanal!fr , ,
--#"-
Accepte9;J ll:M,.,.. ~.ETIREM~ CORPORATION
By:. _
EMPLOYER
"-
TIcld: Cotf;9raf<;l.5ectJeca:ry
..
Aaesc:
~.-.
Attr:5~<
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\
H~
D
-
(EFFECTIVE 10-01-03)
Note A
Note B
Note C
Note D
Notes for Changes to Adoption Agreement
Effective October 1, 2003, no further contributions will be made for those
individuals employed as a certified Police Officer.
For all individuals employed as certified Police Officers prior to October 1,
2000, the individual will be 100% vested as of October 1, 2003. The Director
of Finance Support Services will notify the ICMA Retirement Corporation of
those individuals who meet the vesting requirements.
For all individuals employed as certified Police Officers who began service
with the City as a certified Police Officer after October 1, 2000. the individual
will continue to accrue years of service after October 1, 2003 even though no
contributions are made after that date.
The City is establishing a defined benefit retirement plan known as the City of
Aventura Police Officers Retirement Plan. Once that Plan is fully operational.
all officers meeting the criteria set forth in Note B above, will complete forms
to rollover all money in their 401 account attributable to the City of Aventura
contributions to the new qualified defined benefit plan. All rollover requests
will also be signed by the City Sponsor (Director of Finance Support
Services).
lCMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
#001 10-01-03
REVISED ADOPTION AGREEMENT (EFFECTIVE ..J..Q-.I.-42~
Account Number CI.. '5:,~
The Err:ployer heteby esta?lishes a Money P~i~i&,@rlltd Pllj:ffiw be known as City of Aventur
Dept. D~rector.& As s ~s t Dept D1.r _ ti:h~ "Plan") in the form of the lCMA Retirement
Corporation Protorype Money Purchase Plan and Trust.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
o
Yes
IJ!
No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
!.
Employer:
CITY OF AVENTURA. FLORIDA
I!. frototype Sponsor:
Name:
ICMA Retirement Corporation
Address:
777 N. Capitol Street, N.E.
Washington, D.C. 20002-4240
Telephone Number: (202) 962-4600
!I!. The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
IV. Plan Year will mean:
o The twelve (I2) consecutive month period which coincides with the limita-
tion year. (See Section 6.05(i) of the Plan.)
~ The twelve (I2) consecutive month period commencing on 10/01 and
each anniversary thereof.
MPP Adoption Agreement 12/23/94
001-94
D
V. Normal Retirement Age shall be ago!) 9+1/ 2(noc to exceed age 65).
VI. ELIGIBILITY REQUIREMENTS:
See Notes
A,B,C & D
1. The following group orgroiJps of Employees are eligible to participate in the Plan:
x
Department
All Employees
All Full-Time Employees
Salaried Employees
Noncunion Employees
Man~gement Employees
Public Safety Employees
General Employees
Ocher (specify below)
Directors and Assistant
Department Directors
The group specified must correspond to a group of che same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or ocher material in
effect in the state or locality of the Employer.
2. The Employer hereby waives or reduces the requirement of a twelve (I2) month
Period of Service for participation. The required Period of Service shall be N / A
(write N/A if an Employe~ is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees wichin the
Covered Employment Classification.
3. A minimum age requirement is hereby specified for eligibillty to participate. The
minimum age requirement is N / A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
See Notes
B & C
B
1. The Employer shall contribute as follows (choose one, if applicable):
~
Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
13.5% (EFFECTIVE 10-1-02)
The Employer shall contribute on behalf of each Participant...lL-U '%' of
Earnings or $.D....Jlcfor the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute 0.0 % of Earnings
or $JL..Q.fur the' Plan Year as a condition of participation in the Plan. (Write
"0" if no contribution is required.) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
See Note A (attached)
MPP Adoption Agreement 12/23/94
001-94
REVISED ADOPTION AGREEMENT
10-01-03
(EFFECTIVE 1~1=~)
The Employer hereby elects to "pick up" the Mandatory/Required Participant
Contribution.
o
:5l.
Yes
No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect to the Prototype Plan, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer are
not includable in the Participant's gross income for federal income tax pur-
poses. The E,mployer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81-35, 1981-1 C.B. 255. Those
requirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
o Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant _ % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed _% of
Earnings or $_. Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case no Employer contri-
. but ion will be made on the Participant's behalf in that Plan Year.
o Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
_ % of the Participant contributions made by the Particlpant for
the Plan Year (not includlng Participant contributions exceeding _% of
Earnings or $ );
PLUS _0/0 of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate _ % of Earnings
or $ ).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or _0/0 of Earnings, whichever is 0 more or
.0 less.
MPP Adoption Agreement 12/23/94
001-94
,.
REVISED ADOPTION AGREEMENT
(EFFECTlVE-*G-~e2) 10-01-03
2. Each Participant may make voluntary (unmatched), afcer-tax contribucion, subjecc co
the limitations of Section 4.05 and Articles V and VI of the Plan.
o Yes 12jx No
3. Employer contributions and Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi-weekly
VIII. EARNINGS
,
Earnings, as defined under Secclon 2.09 of che Plan, shall include:
(a) Overtime
0 Yes
--
(b) Bonuses
0 Yes
IX. LIMITATION ON ALLOCATIONS
J5l No
'0 No
If the Employer (i) maintains or ever maintained another qualified plan in which any Par-
cicipant in this Plan is (or was) a pacticipant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419( e) of the Code) or an indi-
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respecc to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described in Sections 6.03 and 6.04 of the I2lan).
. I. If the Participant is covered under another qualified defined concribucion plan
maincalned by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has been indicated below.
o
Other Mechod. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion.)
II
MPP Adoption Agreement 12/23/94
001-94
REVISED ADOPTION AGREEMENT
(EFFECTIVE ~O 1 07)10-01-03
2. If the Participant is or has ever been a parcicipant in a defined benefit plan maln-
tacned by the Employer, and ,f the limitation in Seccion 6.04 of the Plan would be
exceeded, then the Participant's Projected Annual Benefit under che deflned beneflc
plan shall be reduced in accordance with the cerms chereof co the extent necessary to
satisfy such limitation. If such plan does not provide for such reduction, or if the
limitation lS scill exceeded after che reduction, annual additions shall be reduced to
the extent necessary in the manner described in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in mis paragraph will nOt apply if the
Employer lndicates another method below.
o Other Method. (Note to Employer: Provide below language which will satisfy
the 1.0 llmitation of section 415(e) of the Code. Such language must
preclude Employer discretion. See section 1.415-1 of the Regulations for
gu idance.)
:
3. The llmitation year is the following 12-consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to( 1) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Years of
Service
Comoleted
Specified
Percent
Vestine
Minimum
Vesting
Reouirements**
Zero
One
Two
Three
Four
Flve
SlX
Seven, or more
100 %
100 %
1 nn %
100 %
100 %
100 %
1 nn %
100 %
,.
No minimum
No minimum
No minimum
Not less than 20%
Not less than 40%
Not less than 60%
Not less than 80%
Must equal 100%
(""These minimum vesting requirements conform ~~ the Code's three to seven year vesting
schedule. If the employee becomes 100% vested by the completion of five years of service,
there is no minimum for years three and four,)
Xl. Loans are permlt,ted under the Plan, as provided In Article XIV
wn._-'
@
Yes
o
No
< .-_...~--.---.<'
-..-". ....'..~
MPP Adoption Agreement 12/23/94
1l(i1 nA
n
,
(EFFECTIVE-tfr=r~)
10-01-03
REVISED ADOPTION AGREEMENT
XII. The Employer hereby attests that it is a unit of state or local government or an agency or
lnstrumentality of one or more units of state or local government.
XlII. The Prototype Sponsor hereby agrees to inform the Employer of any amendments to the
Plan made pursuant co Section 15.05 of the Plan or of the discontlnuance or abandonment
of the Plan.
XlV. The Employer hereby appoints the Prototype Sponsor as the Plan Administrator pursuant co
the terms and condicions of the ICMA RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
Xv. The Employer hereby acknowledges it understands that fallure co properly fill out this
Adoptioit Agreement may result in disqualLflcationof the Plan.
XVI. An adopting Employer may nor rely on a notiflcatlon letter lssued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualLfied
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan quallfication, the Employer must apply to the approprlllte key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document.
number 001.
See Note D for Rollovers of Certified Police officers.
In Wicness 'W'hereof, the Employer hereby causes this Agceement to be executed on
this day of ,19_.
EMPLOYER
Accepted: I0M.A .RETIREME~CORPORATION
By:
By:_
Eri" K. Soroka
TItle: ,City..H1!.Iljlg!;r _+
..
TItle: Corporace,s~n,l,bry
Attest: ~
Attes"
~
"
,
D
12/23/94
001-94
Note A
Note B
Note C
Note D
Notes for Chanaes to Adoption Aareement
Effective October 1, 2003, no further contributions will be made for those
individuals employed as a certified Police Officer.
For all individuals employed as certified Police Officers prior to October 1,
2000, the individual will be 100% vested as of October 1, 2003. The Director
of Finance Support Services will notify the ICMA Retirement Corporation of
those individuals who meet the vesting requirements.
For all individuals employed as certified Police Officers who began service
with the City as a certified Police Officer after October 1, 2000, the individual
will continue to accrue years of service after October 1, 2003 even though no
contributions are made after that date.
The City is establishing a defined benefit retirement plan known as the City of
Aventura Police Officers Retirement Plan. Once that Plan is fully operational,
all officers meeting the criteria set forth in Note B above, will complete forms
to rollover all money in their 401 account attributable to the City of Aventura
contributions to the new qualified defined benefit plan. All rollover requests
will also be signed by the City Sponsor (Director of Finance Support
Services).
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
BY:
TO:
FROM:
DATE: January 26, 2004
SUBJECT: Resolution Authorizing the City Manager to Execute Work
Authorization No. 01-0103-028 from Craven Thompson & Associates,
Inc. to Prepare a Study to Determine the Improvements Necessary
for the Dedication of the Roadway Known as "Jack Smith
Boulevard" .
February 3, 2004 City Commission Meeting Agenda Item b. H
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached Work Authorization No. 01-0103-028 from
Craven Thompson & Associates, Inc. to prepare a study to determine the
improvements necessary for the dedication of the roadway known as "Jack Smith
Boulevard" for the amount of $24,700.00.
Backaround
The Work Authorization scope of services includes the following:
1. Review existing conditions of the roadway to determine improvements necessary
to meet City standards for a public roadway.
2. Prepare a detailed design survey of the 24 foot wide alley running between
buildings located approximately 450 feet east of Biscayne Boulevard from NE
183rd Street to Miami Gardens Drive, and determine compatibility.
3. Prepare documents for the transfer of ownership from private entities to the City
of Aventura.
4. Prepare preliminary engineering plans and a preliminary cost estimate for the
proposed roadway improvements, including sidewalks.
City Commission
January 26, 2004
Page Two
5. The time period for this study is 60 days.
If additional information is needed, please feel free to contact me regarding this project.
RMS/gf
RMS04008
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION # 01-0103-028 FOR PROFESSIONAL
CONSULTING SERVICES WITH CRAVEN THOMPSON
AND ASSOCIATES, INC. TO PERFORM A STUDY TO
DETERMINE THE FEASIBILITY OF ACQUIRING THE
ROADWAY KNOWN AS "JACK SMITH BOULEVARD"
FOR THE AMOUNT OF $24,700.00; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization # 01-0103-028 for Professional Consulting Services with Craven
Thompson and Associates Inc. to perform a study to determine the feasibility of
acquiring the roadway known as "Jack Smith Boulevard" for the amount of $24,700.00.
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
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004-_
Page 2
PASSED AND ADOPTED this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-028
The City of A ventura has requested Work Authorization No. 01-0103-028 as provided for in the
Agreement between the City of A ventura and Craven Thompson and Associates, Inc. and
approved by the City Commission on July 3,2001.
This Work Authorization No. 01-0103-028 provides for technical services in accordance with
Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Studv Phase
Research and Investigations .................................................................................. $1,800.00
Survey..................................................................................................................... $8,800.00
Prepare Preliminary Roadway Plan ........................................................................ $3,200.00
Prepare Preliminary Cost Estimates ....................................................................... $1,200.00
Prepare Study ......................................................................................................... $2,800.00
Prepare Sketch and Legal Descriptions .................................................................. $2,000.00
Prepare Boundary and Location Surveys ............................................................... $4,500.00
Total Study Pbase............................................................................................... $24,300.00
Reimbursable Exoenses
Printing, Graphics, Communications ........................................................................ $200.00
Couriers, Express Mail, Travel, Etc. ......................................................................... $200.00
Total Reimbursable Expenses ................................................................................ $400.00
Total Estimated Labor Expenses are .................................................................... $24,300.00
Total Estimated Reimbursable Expenses are............................................................. $400.00
The time period for this work authorization will be:
Study Phase ................................................................60 Days
EXHIBIT" A"
Consultant shall perfonn a study to detennine the feasibility of acquiring the roadway known as
Jack Smith Boulevard and dedicating it as a public right-of-way. Consultant will more
specifically perfonn the following:
. Review existing conditions of the roadway to detennine improvements necessary to meet
City standards for a public roadway.
. Prepare roadway design survey of the 24-foot wide alley running between buildings located
approximately 450 feet east of Biscayne Boulevard from NE 183'" Street to Miami Gardens
Drive. This design survey will include the following:
. Calculate plats and existing 24-foot access easements as noted on plats. Prepare
survey base map for field research of existing property control.
. Establish horizontal control along platted property lines to be used as the
centerline of the proposed right of way. Set baseline at 100-foot stations and at
all changes in direction.
. Locate all visible fixed improvements within the access easement and to 10 feet
either side of the easement. Include locations ofNE 183'd Street and Miami
Gardens drive at the north and south ends of the alley.
. Obtain cross-sections at 50-foot stations along the easement.
. Obtain rim and invert elevations and pipe sizes of drainage and sanitary sewer
systems.
. Locate trees indicating size and species.
. Prepare roadway design survey in AutoCAD fonnat to be used as a basis for
preparation of civil engineering design.
. Prepare documents for the transfer of ownership from private entities to the City of
Aventura. These documents will include the following:
. Prepare 5 sketch and legal descriptions of portions of existing 24-foot wide alley
for each separate ownership.
. Set property corners and prepare boundary and location surveys for 5 right of
way parcels.
. Prepare preliminary engineering plans for the proposed roadway improvements.
. Prepare a preliminary cost estimate for the proposed roadway improvements, based on the
preliminary engineering plans.
. Prepare a written report to the City detailing the findings of our research and engineering
study.
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka. CMC
Eric M. Soroka. ICMA-CM
day of
,2004
APPROVED AS TO FORM
BY
Notice to Proceed
Yes
No
City Attorney
Weiss Serota & Helfman, P.A.
Project Initiation Date
RECOMMENDED through its
Director of Community Services
BY
Director of Community Services
Robert M. Sherman. CPRP
day of
.2004
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, City
~ ~gore, Fi
rt Services Director
TO: City Commission
BY:
DATE:
January 27, 2004
SUBJECT: End of Year Budget Amending Ordinance
1st Reading February 3,2004 City Commission Meeting Agenda Item 7 A
2nd Reading March 2, 2004 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2002/2003 budget.
Backaround
As you are aware, we are in the process of closing the books for the 2002/2003 fiscal year.
We are now to the point where we can formally amend the budget so that the adopted
budget contains appropriations sufficient to cover all actual expenditures. The process is
called the end of year "clean up" amendment and is done as a matter of course each year.
General Fund
For the City Commission, subscription and memberships and other operating supplies
expenditures were greater than anticipated.
For the City Managers office, the cost of health insurance was understated due to the large
increase in premiums effective September 1, 2002. Merit bonus was also greater than
budgeted. Also, newsletter costs and web page maintenance were greater due to
improvements in both areas.
For Legal, the budget did not anticipate the high level of legal matters which were handled
during the year.
For the City Clerk Department, health insurance was over budget due to the increase in
premiums effective September 1, 2002. Also, legal advertising was greater than budgeted
due primarily to the amendments to the land use plan and land development regulations.
Election expenses were also greater because of extended voting hours for the March 2003
elections.
Page 2
Memorandum to City Commission
End of Year Budget Amending Ordinance
For the Finance Support Services Department, health insurance was also understated. In
addition, the costs of the actuarial studies for the PBA deferred benefit plan were not
included in the original budget.
For the Community Development Department, an increase of $220,000 is required due to
the high level of building activity during the year. This is more than offset by additional
revenue for building permits ($500,000).
For Community Services, a total of $524,000 is required to cover actual expenditures. The
vast majority of this amount was due to taking over maintenance of new and improved
roadways and green spaces once capital projects were completed during the latter part of
the 2001/2002 fiscal year and throughout the 2002/2003 year. Health insurance increases
in September 2002 also affected this department. Recreation programs expenditures were
$18,000 greater than budgeted but was offset by a like amount of revenues above budget.
For the General Fund total actual revenues were significantly greater than budgeted. The
amount included in the budget amendment is only the amount necessary to offset the total
overexpenditure. Total actual General Fund Revenues were approximately $1,500,000
greater than budgeted. After reappropriation for open purchase orders and contracts for
capital accounts, the total fund balance available to fund the 2003/04 and future budgets
will be approximately $10.5 million compared to the $9.7 million included in the 2003/04
budget. Therefore, this amendment will not negatively impact future years' budgets or
capital programs.
The Transportation Fund requires a $1,000 increase because a project budgeted in
2003/04 was started before October 1, 2003.
The 2000 Loan Debt Service Fund requires a $1,000 adjustment because I failed to
include the other debt service costs when we prepared the original budget.
The 2002 FIFC Loan Project Fund requires amendment because some ongoing costs of
issuing the debt was paid in the 2002/03 fiscal year, rather than the prior year.
The Stormwater Utility Fund requires an additional appropriation of $300,000 to reflect the
receipt of a grant for the 188th Street Improvements. We received a grant for $650,000 for
this project.
HMKlmn
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2002-24 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2002/2003 FISCAL YEAR BY REVISING THE
2002/2003 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2002/2003 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2002-24, which Ordinance adopted a budget for the 2002/2003 fiscal
year, by revising the 2002/2003 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2004-_
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
, who moved
its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
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 Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 3rd day of February, 2004.
2
Ordinance No. 2004-_
Page 3
PASSED AND ADOPTED on second reading this 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
-., .
_-;:E:M":':~.-:';
Revenues
Budget Amendments
GENERAL FUND
..-.
...~.
"GET .
;';::::')'"
"".,'
!CA~:
Locallv Levied Taxes
3149000 Unified Communications Tax
Subtotal
Licenses & Pennits
3221000 Building Pennits
Subtotal
Charaes for Services
3471000 Ree/Cultural Events
Subtotal
Total Amendments-Revenues
Expenditures
City Commission
Other Operating Supplies
SubscriptionslMemberships
SUBTOTAL
5290
5410
1201
2201
2301
4710
4815
3120
2301
4911
4915
City Manaaer
Salaries
Pension
Heath Insurance
Newsletter Costs
Web Page Maintenance
SUBTOTAL
Leaal
Legal Fees
SUBTOTAL
City Clerk
Heath Insurance
Legal Adversising
Election Expenses
SUBTOTAL
1,300,000
1,300,000
1,000,000
1,000,000
55,000
0,000
3,000
5,600
8,600
335,334
48,368
36,879
40,000
5,500
466,081
190,000
190,000
8,003
40,000
25,000
73,003
'''111'
.~
'~
374,000
374,000
500,000
500,000
18,000
18,000
$ 112,11IIO .
2,000
5,000
7,000
18,000
3,000
9,000
5,000
5,000
40,000
31,000
31,000
4,000
7,000
15,000
26,000
JIll'"
"ED
8UDGI!T
1,674,000
1,674,000
1,500,000
1,500,000
73,000
73,000
5,000
10,600
15,600
353,334
51,368
45,879
45,000
10,500
506,081
221,000
221,000
12,003
47,000
40,000
99,003
<:::.'."'\"'>'J<<;. ,u
~~,.........,
~,~,,'~~'..
~",;,::::,>y,;..::.;:",~~::':;;";
Expenditures
Finance Support Services
Health Insurance
Prof Services/Other
SUBTOTAL
2301
3190
3101
2301
3110
3150
3450
4311
4320
4691
4851
GENERAL FUND (CONTINUED)
,,,:,::,\,.-
'i..':'::'Y,.<.:::",
'-'>.-:',-,'.",./';;
48,208
5,000
53,208
Community DeveloDment
Building Inspection Services
SUBTOTAL
700,000
700,000
Community Services
Heath Insurance
Engineering
Landscape Architect
LandscapelTree Maint / Streets
Street Lighting
Water
R & MlStreets
Culture/Ree Programs
49,823
85,000
15,000
1,400,000
95,000
145,000
45,000
45,000
1,879,823
Total Amendments-Expenditures
J.J I"
Illqli_
....,.
10,000
34,000
44,000
220,000
220,000
30,000
30,000
30,000
70,000
80,000
200,000
66,000
18,000
624,000
$ .a..
. 1lI1J111
.11d)
8UDlIET
58,208
39,000
97,208
920,000
920,000
79,823
115,000
45,000
1,470,000
175,000
345,000
111,000
63,000
2,403,823
'<0::'_';"-
"".,',i'
"T,' "::'-;:.>/~/",;
~~~:.
TRANSPORTATION FUND
" 'T .'. .. JU.IfII
........ ....~..-
.......
,100M.
,Ml'Elfl*
.......
.IIIOJ
RlMIEIl'
8UDQIT
.............
':..- ."'. .:.:,:.,':",:..,
-.... ""-' . -:,<..-,':/'<
Revenues
Interaovemmental Revenues
Transit System Surtax
SUBTOTAL
350,000
350,000
1,000
1,000
351,000
351,000
Total Amendments-Revenues
$
1,000
Expenditures
Capital Outlav
6316 Transportation System Impr.
SUBTOTAL
o
o
1,000
1,000
1,000
1,000
Total Amendments-Expenditures
2000 LOAN DEBT SERVICE FUND
Revenues
Other Non-Revenues
3999000 Carryover
SUBTOTAL
484,326
484,326
1,000
1,000
485,326
485,326
Total Amendments-Revenues
$
1,000
Expenditures
Capital Outlav
7330 Other Debt Service Costs
SUBTOTAL
o
1,000
1,000
1,000
1,000
Total Amendments-Expenditures
$
1,000
CAtEGORY
2002 FIFC LOAN PROJECT FUND
. '..-
A_f. .
1IMOUIft.
Revenues
Other Non-Revenues
399900 Carryover
SUBTOTAL
900,000
900,000
Total Amendments-Revenues
Expenditures
CaDital Outlav
3125 OTHER BOND ISSUE COSTS
SUBTOTAL
Total Amendments-Expenditures
STORMWATER UTILITY FUND
~.:',> ....:<<' . -J:;:
_....JI..?~~:.;.,... . ...............
:~..r,><\" L;\+;!'~~l'\;};~:<':;<' ~_~~-_
Revenues
Interaovernmental Revenues
3343603 188 St Drainage Grant
SUBTOTAL
Total Amendments-Revenues
Expenditures
CaDital Outlav
6306 Drainage Improvements
SUBTOTAL
1,561,779
1,561,779
Total Amendments-Expenditures
40,000
40,000
$
.....-
o
40,000
40,000
$
........
. ....
..'"
.........
mOUNt
o
300,000
300,000
$ -.-
300,000
300,000
$ --
.-
.RIM_
8UDQIT
940,000
940,000
40,000
40,000
.-
I'III/1IEG
IIUDCIIT
300,000
300,000
1,861,779
1,861,779
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, IC
City Manager
TO: City Commission
BY: Joanne Carr, AI
Planning Director
DATE: January 21,2004
SUBJECT: Amendment to Section 31-2410f the City's Land Development Regulations
entitled "Wireless Telecommunications Towers and Antennas" to address
recent changes in State law and to provide for cleanup amendments to the
Section (01-LDR-04)
February 3, 2004 Local Planning Agency Agenda Item 3
1st Reading February 3,2004 City Commission Meeting Agenda Item 113
2nd Reading March 2, 2004 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve amendments to Sections 31-241 (a),
(b), (c), (d), (e), (f), (g) and (h) of the City's Land Development Regulations to address
recent changes in State law relating to wireless telecommunications towers and antennas
and to provide for cleanup amendments to the section.
THE REQUEST
City staff is requesting amendments to Section 31-241 (a), (b), (c), (d), (e), (f), (g) and (h)
of the City's Land Development Regulations to address recent changes in State law
relating to wireless telecommunications towers and antennas and to provide for cleanup
amendments to the section.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with recent changes in State law.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it provides consistency with recent changes in State law.
Description/Background of Proposed Amendment
The City's Telecommunications Attorney, Leibowitz & Associates, has recommended
amendments to the Wireless Telecommunications Towers and Antennas section of the
Land Development Regulations to address recent changes in Florida State law. The state
law, which amended FS 365.172, was enacted on June 23, 2003 and become effective on
October 1, 2003. This law dramatically restricts local government's placement of towers
by preempting local government authority and imposing very limited time constraints on
cities and counties. An application for a permit will be automatically approved if local
government does not take action within 90 business days for a permit siting a new
wireless tower or antenna and within 45 days for a co-location application. Local
government must notify a permit applicant within 20 business days after the date of
application submission as to whether the application is properly completed and properly
submitted, for administrative, not approval or denial, purposes. The permit must comply
with applicable federal regulations, local zoning or land development regulations and local
building regulations.
2
The following proposed amendments to Section 31-241 of the City's Land Development
Regulations incorporate the new time limitations imposed by State law, while outlining a
detailed application process. Cleanup amendments are also proposed to provide
consistency with development application names in the Land Development Regulations;
namely, all references to "special exception" use has been changed to "conditional" use.
1. Section 31-241 (a) of the City's Land Development Regulations is hereby amended so
as to provide for clarification of purpose, as follows 1:
Sec. 31-241 (a). Purpose.
(7) Encouraqe colocation amonq wireless telecommunications service providers
and enhance the ability of providers of telecommunications services to provide
such services to the community through an efficient and timely application
process pursuant to FS 365.172 as amended.
This amendment has been revised to incorporate FS 365.172 as amended, which
encourages colocation and addresses the time limitation regarding the application
process.
2. Section 31-241(b) of the City's Land Development Regulations is hereby amended so
as to provide for additional and revised definitions, as follows 1:
Sec. 31-241 (b) Definitions
''Applicant'' means a person or entitv with an application before the Citv for a permit
for a personal wireless service facilitv.
"Carrier" means a companv licensed bv the Federal Communications Commission
(FCC) that provides wireless services. A tower builder or owner is not a carrier
unless licensed to provide personal wireless services.
"Colocation" means the use of a common mount bv tow or more wireless carriers.
"Commercial mobile radio services." Per Section 704 of the Telecommunications
Act of 1996, anv of several technoloqies usinq radio siqnals at various frequencies
to send and receive voice, data and video. Accordinq to the FCC, these services
are "functionally equivalent services". Section 704 of the Telecommunications Act
prohibits unreasonable discrimination amonq functionally equivalent services.
"Personal wireless services" is defined as commercial mobile services, unlicensed
wireless services and common carrier wireless exchanqe access services. This
definition includes analoq and diqital (800 MHz) cellular, broadband PCS (1850-
1900 MHz) services and enhanced specialized mobile radio and paqinq services.
1 Underlined provisions constitute proposed additions to existing text; striGI<SA thre~!lA provisions indicate
proposed deletions from existing text.
3
"Search area" means the qeoqraphic area in which a telecommunications facility
must be located in order to provide FCC required coveraqe, as certified throuqh an
affidavit by a Radio Freauency enaineer as to radio freauency waves or other such
appropriate technical expert.
"Telecommunications Tower or Tower" means any structure, and support thereto,
design and constructed primarily for the purpose of supporting one or more
antennas intended for transmitting or receiving personal wireless services,
telephone, radio and similar communications purposes, including lattice, monopole
and guyed telecommunications towers. '"
"Telecommunications Tower Heiaht" - when referrina to a communications tower or
other structure, the distance measured from the finished qrade of a parcel to the
hiahest point on the tower or other structure. includina the base pad and any
antenna. but excludinq liqhts and liqhtninq rods.
Definitions have been added for clarification of the section.
3. Section 31-241(c) of the City's Land Development Regulations is hereby amended to
expand applicability of this section, as follows 1:
Sec. 31-241(c). Applicability.
(4) AM Array. For purposes of this section, an AM array, consistina of one
or more tower units and supportinq qround system which functions as
one AM broadcastina antenna, shall be considered one tower.
Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM
array. Additional tower units may be added within the perimeter of the
AM array by riaht.
The "AM Array" has been added to provide that these arrays are subject to this section of
the City's Land Development Regulations.
4. Section 31-241 (d) of the City's Land Development Regulations is hereby amended so
as to provide for an application process, timeframes, submission requirements and a
special review fee as follows 1:
Sec. 31-241(d). General Requirements/minimum standards.
The City shall arant or deny a properly completed application for a permit for the
sitina of a new wireless tower or antenna on property. buildinas or structures within the
4
City's iurisdiction within ninety (90) business days after the date the properlv completed
application is submitted in accordance with the City's application procedures, provided
that such permit complies with applicable federal requlations and is consistent with
state law and applicable local zoninq or land development requlations, includinq any
aesthetic requirements. Local buildinq requlations shall apply.
The City shall notify the permit applicant within (20) business days after the date
the application is submitted as to whether the application is, for administrative
purposes onlv. properlv completed and has been properlv submitted. However. such
determination shall not be deemed as an approval of the application. Such notification
shall indicate with specificity any deficiencies which, if cured. shall make the application
properly completed.
If the City fails to qrant or deny a properly completed application for a permit which
has been properly submitted within the timeframes set forth in this section, the permit
shall be deemed automaticallv approved and the provider may proceed with placement
of such facilities without interference or penaltv. The timeframes specified in this
section shall be extended only to the extent that the permit has not been qranted or
denied because the City's procedures qenerallv applicable to all permits require action
bv the City and such action has not taken place within the timeframes specified in this
section. Under such circumstances, the City must act to either qrant or deny the
permit at its next reqularlv scheduled meetinq or, otherwise. the permit shall be
deemed to be automaticallv approved.
These paragraphs are added to comply with the requirements of the recent
amendments to Florida Statute 365.172 which provide for timeframes for approval or
denial of permit applications.
(1) Lease Required. Any construction, installation or placement of a
telecommunications facility on any property owned, leased or otherwise controlled by the
City shall require a Lease Agreement executed by the City and the owner of the facility,
unless otherwise prohibited bv applicable law. ...
This clause has been added to reflect law applicable to rights-of-way.
(5) Engineering Report. All applicants for new telecommunications towers and pre-
existing telecommunications towers which are modified or reconstructed to accommodate
additional antennas shall submit a written report certified by a professional engineer licensed
to practice in the State of Florida. The report shall include:
a) Tho applicablo ctandards of s~ite development plan review of the entire
subiect property drawn to scale, including, without limitation:
j} a tax parcel number, a legal description of the parent tract and leased
parcel, total acres and SectionfTownship/Ranqe of the subject property:
ii) the lease parcel fully dimensioned, includinq property lines, setbacks, roads
on or adiacent to the subiect property and easements:
iii) outline of all existinq buildinqs, includinq purpose lie residential buildinqs.
qaraqes. accessory structures. etc.) on subiect property:
iv) all existinq veqetation, bv mass or individually by diameter, measured for
5
feet from the qround of each stand-alone tree on the subiect property:
y) proposed/existinq security barrier, indicatinq type and extent as well as
point of controlled entry:
yi) proposed/existinq access easements. utility easements and parkinq for
the telecommunications tower:
vii) all proposed chanqes to the subiect property: includinq qradinq, veqetation
removal. temporary or permanent roads and driveways, stormwater manaqement facilities
and any other construction or development attendant to the telecommunications tower.
viii) scaled elevation drawinq of proposed telecommunications tower, includinq
location of all mounts, antennas, equipment buildinqs, fencinq and landscapinq.
&if applicable, on-site and adjacent land uses, and master plan classification
of the site, n vi.:unl impnct nnnlYGis and photo digitaliz3tion of the telecommunication.: tower
3nd all attachment.: including aG.:ociated building.: 3nd oquipment containers at tho property
lino, a.: woll a.: nt a di.:tnnce of 250 foot and 500 foot from all propertioG within that rango, or
nt othor point.: agreed upon in a pro npplicntion FAooting.
This amendment addresses the detailed information required for permit applications.
c) Type of telecommunications tower and specifics of design, includinq:
1. equipment brochures for the proposed tower such as manufacturer's
specifications or trade iournals reprints. These shall be provided for the antennas. mounts.
equipment shelters. cables as well as cable runs and security barrier, if any:
ii. materials of the proposed tower specified by qeneric type and specific
treatment (ie anodized aluminum, stained wood, painted fiberqlass. etc). These shall be
provided for the antennas, mounts, equipment shelters, cables and cable runs and security
barrier. if any:
iii. colors of the proposed tower represented by a color board showinq
actual colors proposed. Colors shall be provided for the antennas. mounts. equipment
shelters. cables as well as cable runs and security barrier, if any:
iv. dimensions of the tower specified for all three directions: heiqht. width
and bredth. These shall be provided for the antennas. mounts, equipment shelters and
security barriers, if any: and
v. a visual impact analysis. with a minimum of two (2) photo diqitalization
or photoqraphic superimpositions of the tower within the subiect property. The photo
diqitalization or photoqraphic superimpositions shall be provided for all attachments.
includinq: the antennas. mounts, equipment shelters. cables as well as cable runs and
security barrier, if any, for the total heiqht. width and breadth, as well as at a distance of 250
feet from all properties within that ranqe or at other points aqreed upon in a pre-application
conference.
This amendment also addresses the detailed information required for permit applications.
h) Special Fee. The City shall have the riqht to retain independent technical
consultants and experts that it deems necessary to properly evaluate applications for
individual towers. The special fee shall be based upon the hourly rate of the independent
technical consultant or expert that City deems necessaiV to properly evaluate applications
6
for tower. The special fee shall be applied to those applications requirinq special review or
evaluation. The special fee shall be reimbursed by the applicant to the City.
This amendment provides that the City may retain a consultant, if necessary, to evaluate
applications, at the applicant's expense.
(7) Co-location Incentive. Pursuant to the intent of this section, the City shall provide
the following incentive to service providers:
a. The review of all applications submitted by providers seaking to co locate on
a pre existing telecommunications towor or to rent space on 3 proposed now
tolocommunicatiom: tower shall be complotod by tho City no mora than thirty (30) days
following the filing of a City shall qrant or deny a properly completed application for a permit
as provided in this section, for the co-location of a wireless communications facility on
property. buildinqs or structures within the City's iurisdiction within forty-five (45) business
days after the date the properly completed application is initially submitted in accordance
with the City's application procedures. provided that such permit complies with all applicable
federal requlations and applicable local zoninq or land development requlations. includinq
but not limited to any aesthetic requirements. Local buildinq requlations shall apply.
This amendment provides for the new timeframes in the State law.
(20) Public Notice. For purposes of this section and notwithstanding any other
requirements with regard to public notice in the City's Code, any request for a
special exception conditional use on private property shall require a public
hearing.. .
This is a cleanup amendment to reflect current development application name in the City's
Land Development Regulations.
5. Section 31-241 (e) of the City's Land Development Regulations is hereby amended so
as to provide for consistency of timeframes in Section 31-241, as follows 1:
Sec. 31-241 (e) Permitted uses on public property.
(2) Uses. /\11 applicants for use in this section shall first submit a letter of intent and
all othor information as stated in subsection (d) horoin to the City Manager's office, which
shall be r€lviewed within 30 days from the submission of a completed application. The City
Manager is authorized to execute lease agreements and waive requirements as provided in
subsection (d) on behalf of the City. ...
a. 3. No more than one telecommunications tower shall be located on a single
lot or single building site; and
This amendment is required for consistency with the timeframes in the recent State law and
a cleanup amendment to clarify the requirements of this section.
7
6. Section 31-241 (f) of the City's Land Development Regulations is hereby amended so
as to provide for consistency of timeframes in Section 31-241. as follows 1:
Sec. 31-241 (f). Permitted uses on private property.
(1)c. The City shall respond to each such application wftI::li.R pursuant to Section 31-
241(d) takinq into consideration the time dictated by the nature and scope of the individual
request. subject to the generally applicable time frames and pursuant to the intent of
Section 704 of the Telecommunications Act of 1996, but in no event more than :m- 20
days for administrative zoning decisions. Building permit applications shall be processed
within [) rom:onable period of timo the timeframes set out in Section 31-241(d).
(2)a. Antennas on pre-existing structures. Anv additional wireless communication
facilities required within the existinq secured equipment compound within the existinq site,
such as communication cables. adiacent accessory structures or adiacent accessory
equipment used in the provision of cellular. enhanced specialized mobile radio, or
personal communications services shall be deemed a permitted use or activitv. Local
buildina and land development reaulations. includinq anv aesthetic requirements. shall
applv. ...
(2)e. Additional Wireless Communications Facilities. Anv additional wireless
communications facilities required within the existina secured equipment compound within
the existinq site. such as communications cables, adiacent accessory structures or
adiacent accessory equipment used in the provision of cellular, enhanced specialized
mobile radio or personal communications services shall be deemed a permitted use or
activity. Local buildinq and land development requlations, includinq any aesthetic
requirements. shall applv.
These amendments are required to reflect the recent State law and to provide that
additional wireless communications facilities must comply with local building and land
development regulations.
7. Section 31-241(g) of the City's Land Development Regulations is hereby amended so
as to provide for consistency with the development applications in the City's Land
Development Regulations, as follows 1:
Sec. 31-241(g). $fJoG!aJ EXGOfJtioR Conditional use.
(1) General. The provisions listed in this section shall apply only where an
application for the construction of a telecommunications tower or for the placement of an
antenna in a zoning district does not meet the criteria for approval as provided in
subsections (d), (e) or (f) of this section. An applicant for a speci[)l excoption conditional
use permit shall submit information described in subsection (d) and the City's Code of
Ordinances and any other reasonable information the City may require. The following
provisions shall govern the issuance for special exception conditional use permits: ...
8
(4) Factors considered in granting special oxcofJtioFl conditional use permits for
towers.. ..
(4)h. Design of the telecommunications tower with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness,
and
This is a cleanup amendment to reflect current development application name in the City's
Land Development Regulations and to clarify the requirements of this section.
8. Section 31-241(h) of the City's Land Development Regulations is hereby amended so
as to provide for consistency with the development applications in the City's Land
Development Regulations, as follows 1:
Sec. 31-241 (h). Buildings or other equipment facilities.
(3) Separation. The following separation requirements shall apply to all
telecommunications towers and antennas for which a special oxception conditional
use permit is required:
This is a cleanup amendment to reflect current development application name in the City's
Land Development Regulations.
9
LAND DEVELOPMENT REGULATIONS
~ 31-241
(7) ApplicabUity. The regulations in this section shall be applied in a nondiscriminato
manner to other appurtenances, devices and fixtures that are comparable in
weight and appearance to the subject antennas and to which local regulatio would
normally apply.
(d) Large satellite dish regulatWn. The provisions of subsection (c) s apply to large
satellite dish antennas. 'lb the extent that any provision of subsection (c 1) materially limits
trAn..mi..gon or reception by satellite earth station antennas, 0 2) imposes more than
minim..l costs on users of such antennas and to the extent that e City cannot demonstrate
that such regulation is reason..hle, that provision shall not ply.
(e) VIOlation of section. VIOlation of specified conditi and safeguards, when made part of
the terms under which the antenna is approved; or e various provisions of this section, shall
be deemed grounds for revocation of permit pnni..h..ble as a violation of the Land
Development Regulations. A m....-imum $100.00 per violation may be imposed for any
violation of this section.
(f) Contact. Both the City and e antenna user shall provide one another with the name
and address of the contact d' ted to receive notices, filings, reports, records, amendments,
and other types of co ndence or information that relate to lulmini..tration and/or
enforcement of this on. All notices affecting the legal rights of the parties and all other
filings, reports, documents and other types of correspondence shall be in writing, and
shall be deem served when delivered by hand or personal service, certified mail return
receipt requ registered mail, or express delivery by the designated contact. If such notice
is not . served, then parties shall follow State rules to determine the consequence of the
non service of notice, and the rights and remedies of the affected parties.
(
See. 81.24L Wue1ess telecommunications towers and antennas.
(a) Purpose. The regulations and requirements establish general guidelines for the siting of
wireless telecommunications towers and antennas and are intended to accomplish the
followiDg purposes:
(1) Protect and promote the public health, safety and general welfare of the residents of
the City;
(2) Uinimi,.,e residential areas and land uses from potential adverse impacts of towers and
antennas;
(3) En~ the location of towers in non-residential areas and to locate them, to the
.
extent possible, in areas where the adverse impact on the community is minim..l;
(4) Uinimi,.,e the total number of towers throughout the community by strongly encour-
aging the co-Iocation of antennas on new and pre-existing tower sites as a primary
option rather than construction of additional single-use telecommunications towers;
Supp. No.4
CD31:191
~
~ 31-241
AVENTURA CODE
.
)
(5) Encoursge users of telecommunications towers and antennas to configure them in a
way that ",in;",i..es the adverse visual impact of the telecommunications towers and
antennas through careful design, siting, landscape screening, and innovative camou-
flaging techniques;
(6) Minimize potential damage to property from telecommunications towers and telecom-
munications facilities by requiring such structures be soundly designed, constructed,
modified and maintained; and
(7) Enhance the ability of the providers of telecommunications services to provide such
services to the community through an efficient and timely application process. In
furtherance of these goals, the City shall at all times give due consideration to the
City's master plan, comprehensive plan, zoning map, existing land uses, and environ-
mentally sensitive areas, including huiricane preparedness areas, in approving sites
(or the location of telecommunications towers and antennas.
(b) De{initioM. As used in this section, the following terms shall have the meAnil1ga set
(orth below, and shall control over any other definitions contained in the City's Code of
QrdinAn...... or LDRs:
Iu:ceuory use means a secondary use including a use that is related to, incidental to,
subordinate to and subservient to the main use of the property on which an antenna and/or
telecommunications tower is sited.
A/.terna.tWe tower 6tructure means a design mounting structure that camouflages or
conceals the presence of an antenna or telecommunications tower. For example, "'AnmAde
trees, clock towers, bell steeples, light poles, utility poles and similar alternative designs. An
antenna mounted on a utility pole shall be subject to all requirements as stated in this
article.
Antenna means a transmitting and/or rec:eiving device mounted on a telecommunieatl"'JS
tower, buUding or structure and used in telecommunications [personal wireless] services
that radiates or captures electromagnetic waves, digital signals, analog signals, radio
fi:eq..--:ies. wireless communications RigJ'A1A and other communications mgJ'A1A including
direction.al antennas such as panel and microwave dish -antennas, and omni-directional
antennas such as whips, but ezcluding radar antennas, amateur radio antennA" and
satellite earth stations.
BaJ:khaul ndWork means the lines that connect a provider's telecommunications towers!
cell sites to one or more cellular telephone switching offices, and/or long distance providers,
or the public switched telephone network.
Broad-.ting (adJ.ity means any telecommunications tower built primarily (or the.
purpose of broadcasting AM, FM or television signals.
&sential aeM1b means those services provided by the City and other governmental
entities that directly relate to the health and safety ofits residents, including fire, police and
rescue.
.
.
Supp. No. .(
CD31:192
.
.
. .
"'
r/'
.\\
.'
,.
"
..lltj
. ';J!1';::
" .k....r~;..
- . ".
LAND DEVELOPMENT REGULATIONS
~ 31-241
E:f;traordino.r conditions means subsequent to a hurricane, flood, or other natural
hazard or subsequent to a defective finding on a previous inspection.
FAA means the Federal Aviation ...tlm;n;~tration.
Fair market value means the price at which a willing seller, or telecommunications tower
owner, and willing buyer, or service provider seeking to rent space on owner's telecommu-
nications tower, will trade.
FCC means the Federal Communications Commission.
Guyed rower means a telecommunications tower that is supported, in whole or in part, by
guy wires and ground anchors.
Beitrht when referring to a telecommunications tower or other related structure, means
the vertic:al distance measured from the finished grade of the parcel to the highest point on
the telecommunications tower or other related structure, including the base pad and any
antenna.
Microwave dish antenna means a dish-like antenna used to link telecommunications
[personal wireless service] sites together by wireless transmission and/or receipt of voice or
data.
Monopole tower means a telecommunications tower consisting of a single pole or spire
seIf-supported on a permanent foundation, constructed without guy wires, ground anchors,
or other supports.
J:.dt~ tower means a telecommunications tower that is constructed to be self-supporting
by lattice type supports and without the use of guy wires or other supports.
Pre~ towers lJlid pre~ anteMa$ means any telecommunications tower or
antenna for which a builtl;ng pennit or special use pennit has been properly issued prior to
the eIfec:tive date of this article, irod"tllng permitted teJ.......mmunications towers or
aut....n..that have not yet been constructed so long Q'such approval is current and not
ezplred.
SitIU of the crt means existing techDology where the level of facilities, t-l,nl"al
perfonnance, capacity, equipment, colllpOD.ents and service are equal to that developed and
demonstrated to be more technologically advanced than generally available for comparable
service areas hi South Florida.
Stealth fadlity means any telecommunicatiooa facility which is designed to blend into the
lI1IrrOUJlding environment. 'F.-r....,ples of such facllities would include, but not be limited to,
architec:tural.1y screened roof mounted antennae, building-mounted antennae painted to
match the existing strucb1re, antennae integrated into architectural elements, and tele-.
communicatiooa towers designed to look. like light poles, power poles, or trees.
. nkcoll1llUUlicGtions (adJ.lty means a facility that is used to provide one or more
: te1..........municatiooa services, including, without limitation, radio transmitting telecommu-
,: Dlcatiooa towers, other supporting structures, and associated facilities used to transmit
No.4
CD31:193
.
,....t
".,.
~ 31-241
AVENTURA CODE
.
telecommunications signals. An open video system is not a telecommunications facility to
the extent that it provides only video services; a cable system is not a telecommunications
facility to the extent that it provides only cable service.
Telecommunications services means the offering of telecommunication (or the transmis-
sion, between or among points, specified by the user of information of the user's choosing,
without change in the form or content of the information as sent and received), for a fee
directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used. Personal wireless communication services shall not
be considered as essential services. public utilities or private utilities.
Telecommunications tower means any structure, and support thereto. designed and
constructed primarily for the purpose of supporting one or more antennas intended for
transmitting or receiving persooal wireless Services, telephone, radio. and similar commu-
nication purposes, including lattice, monopole and guyed telecommunications towers. The
term includes radio and television trAn~mi~~ion telecommunications towers, microwave
telecommunications towers, common-carrier telecommunications towers, cellular telephone
telecommunications towers, alternative telecommunications tower structures, among oth-
ers.
Whip ante= means a cylindrical antenna that transmits signals in 360 degrees.
(c) Applicability.
(1) New teleco/7l.l7lU1licatins towers and antennas. All new telecommunications towers or
antennas in the City shall be subject to these regulations. except as provided in
subsections (c)(2) through (3), inclusive.
(2) Broadcasting facilities / amateur radio station operators / receive only antennas. This
section shall not govern any telecommunications tower, or the installation of any
antenna, that is for the use of a broadcasting facility or is owned and operated by a
federally-Ucensed amateur radio station operator or is used exclusively for receive ouly
antennas.
(3) Pre-uisting telecommun.ications towers or antennas. Pre-existing telecommunications
towers and pre-ezisting ant"'nn.~ shall not be reqUired to meet the requirements of
this section, other than the requirements of subsections (d)(lO), (U) and (20).
(d) General requirements/minimum standards. Applicants regulated by this section msy
request a pre-application conference with the City. Such request shall be submitted with a
non-refundable fee of $500.00 to reimburse the City for the cost and fees incurred by the
conference. Every new telecommunications tower and antenna shall be subject to the following
min;rnum, standards:
.
.
(1) Lease requiTed. Any construction, insta1Iation or placement of a telecommunications
facility on any property owned. leased or otherwise controlled by the City shall require
a lease agreement executed by the City and the owner of the facility. The City msy
require, as a condition of entering into a lease agreement with a telecommunications
.
Supp. No. ,
CD31:194
.
LAND DEVELOPMENT REGULATIONS
~ 31-241
llCl'Vice provider, the dedication of space on the facility for public health and safety
purposes, as wen as property improvement 011 the Jeased space. An.y dedications and
improvements shall be negotiated prior to execution of the lease.
(2) Principal or acce.ssory use. Antennas and towers may be considered either principal or
accessory uses. A different eDsting use of an existing structure on the same lot shall
not preclude the installation of an antenna or telecommunications tower on such lot.
(S) Lot au. For purposes of determInIng whether the installation of a telecommunications
tower or antenna complies with the City ,..nnlng provisions. including, but not limited
to, setback requirements, lot coverage requirements, and other such requirements. the
"'hnen..!OI's of the entire lot shall control, _ though the antenna or telecommuni-
catioos tower IIl8Y be Joc:a.ted on leased.-parcels within such lot.
.
(4.) Irwentory of edsting .uu.
Each applicant shaD. review the City's inventory of existing telecommunications
towers, ant...,n.... and approved sites. An requests for sites shall include specific
information about the proposed Joc:a.tiOl1, height, and design of the proposed
telecommunications tower. No new telecommunications tower shall be permitted
unless the applicant demonstmtes to the reasonable satisfaction of the City that
no .....;06"g telecommunications tower. stnu:ture or state of the art technology
that does not require the use ofnew te1ecommvnl~tions towers or new structures
can 8CC('mmodate, or be modified to Il""",mmodate, the applicant's proposed
~nn.. Evidence submitted to demonstrate that no existing telecommunica-
tions tower. structure or state of the art technology is suitable shall consist of any
of the following:
1. An. affidavit d'ilr'\OPotrating that the applicant made diligent efforts for
per-I..!- to iDsta11 01' colJ~te the 8I'f'li..."t's te1_m....l...tloos fac:i1i-
ties on City CIWIled tel""",...mWlicatioos towers or usable antenna support
loc&t~ within a oua-bsll JDi1e radius of the proposed telecommunications
tower mte.
2. An. affidavit ~m""otrating that the applicant made diligent darts to
iDsta11 or co11ocete the appt/...nl's te1_m.."I....tlons fadlities 011 towers or
useab1e antenna support stl'uc:bJres CIWIled by other persons located within
. oae-balfJDi1e radius of the proposed te'.........munications tower site.
S. An affidavit "'eIl'""otrating that existing towers or strw:tures Joc:a.ted within
the geographic search area as determined by a radio frequency e..gi"-" do
not have the c:apacityto provide reasonable t_hnlea1 servb consistent witq
the applicant's tlll"hnl-:t" BylItem, iDcluding but not limited to, applicable
FCC requirements. '
4. Esisting towers or structures are not of sufficient height to meet applicable
FCC requirements.
CD31:195
~ 31-241
AVENTURA CODE
.
6. Existing towers or structures do not have sufficient structural strength to
support applicant's proposed antenna and related eql'ip"1ent.
6. The applicant's proposed antenna would cause electromagneticlradio fre-
quency interference with the antenna on the erlsting towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
7. The fees, costs, or contractual provisions required by the owner in order to
share an existing telecommunications tower or structure or to adapt an
erlsting telecommunications tower or structure for sharing are WI1'e88On-
able. Costs e~i"g new telecommunications tower development are
presumed to be umeasoDBhl~.
8. The applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
9. The applicant demonstrates that state of the art technology used in the
wireless telecommunications b....I"....s and within the scope of applicant's
FCC license, is unsuitable. Costs of state of the art technology that exceed
new telecommunications tower or antenna development shall not by itself
be presumed to render the technology unsuitable.
b. The Cio/ may share llIICh information. with other applicants applying for a
permitted use on private property and special e%CepUon use under this article or
other organizations s""In"g to locate antennas within the jurisdiction of the City
provided, however, that the City is not, by sharing llIICh information, in any way
representing or warranting that such information is accurate or that such sites
are available or suitable.
.
(6) Engin<<ring report. All aprll....nts for IIBWtelecommunicatioDB towers and pre-esisting
tel~mmunications towers wbfch are moditl~ or.-recoastrw:ted to accommodate
.(1c'litional antennas shall submit a written report certified by a professional engineer
Jicensed to practice in the State of Florida. The report shall include:
lL The applicable standards of site plan reriew, drawn to scale, including without
limitation, a legal description of the parent tract and leased parcel, if applicable,
on.c.te and adjacent land uses, Master Plan rla"llffl....tion of the site, a visu8l
imp"ct ~ and photo digitalization of~e telecommunications tower and all
att.....bmeuts ineW,ling associated bw1d1ngs and equipment containers at the
property line, as wen as at a distance of250 feet and 600 feet from all properties
within that range, or at other points agreed upon in a pre-appllcation. conference~
b. If applicable, a narrative ofwb,y the proposed telecommunications tower cannot
comply with the requirements as stated in this section.
Co Type of telecommunications tower and specifics of design.
.
Supp. No. "
0031:196
.
LAND DEVELOPMENT REGULATIONS
~ 31-241
d. Current wind-loading capacity and a projection of wind-loading capacity using
dift'erent types of antennas as contemplated by the applicant. No telecommuni-
cations tower shall be permitted to exceed its wind loading capacity as provided
for by the South Florida Building Code.
e. A statement that the proposed telecommunications tower, including reception
and transmission functions, will not interi'ere with the visual and customary
tr.."'~m;"5ion or reception of radio, television or similar services as well as other
wireless services enjoyed by adjacent residential and non-residential properties.
f. A statement of compliance with all applicable building codes, aasoc:iated regula-
tioas and safeC;y standards as provided in sub6ectio'l (d)(13) herein. For all towers
att8cbed to ezisting Btroctures, ~ staWn~t Bhall ioclude certUication that the
structure can IlUpport the load superimposed from the w1.........munications tower.
Except where provided in BU~nn (f)(2), an towers Bhall have the capacity to
pennit multiple users; at a JDinimum, JDODDpOle towers shall be able to accom-
modate two users and, at a JDinimum, se1f-6UpportJIattice or ~ towers shall
be able to accolllDlodate three users.
g. Any additional information deemed by the City to be necessary to assess
compliance with this section.
. (6) Co-location. Pursuant to the intent of this ..."n"", c:o-J"""l-iQQ of teJ"",,"n"unication
antpn".... by m.ore than one provider on ezisting te1ecolllDlunicatioDS towers shall take
precedevce over the construction of new telecommunication towers. Accordingly, in
addition to submitting the information required in subsection (dX4) of this section,
each application shall ioclude a written report certifi.ed by a professional engineer
JicEonRPA to practice in the State of Florida, stating:
.
L The geograpbical service area requirements;
b. M~..nlM.l or e1.ec:trieal iDl:ompatibility;
c. Any restrictWDS or Jimitstioos of the Federal Onnm""I....t;QftS Ovnml....;on that
would preclude the Ibared use of tile teJ-munlcationa tower; and
d. Any additional informaIion required by the City. If tha City does not accept the
fIIl1 evaluation as prvvided as accurate, or if the City disagrees with aay part of
the evall1lOti-. the tiDIe In wbid1 an application is prvcessed pursuant to this
article Bhall be tolled ~"l'lg further evaluation.
('1) aHocation incentive. Pursuant to the intent of this section. the City shall provide the
following incentive to service providers: .
L The renew of all applications submitted by providers seeki"g to co-1ocate on a
pre-existing te1ecolllDlunicatlons tower or to rent space on a proposed new
telecomm,,"lcations tower, sba11 be completed by the City no more than 30 days
following the filing of a completed application as provided In this section.
CD3l:197
"1
,~
'.\ .
~1'
AVENTURA CODE
.
.Aesthetia. 'Ibwers and anb'nnAA shall meet the following requirements:
a. 'lbwers shall either maintain a galvanized steel finish or, subject to any applica-
ble standards of the FAA, be painted a neutral color &0 as to reduce visual
obtrusiveness.
b. At a telecommunications tower site, the design of the buildings and related
associated ancillary structures shall, to the extent possible, U&e materials, colors,
textures, screening, and landscaping that will blend them into the natural setting
and surronnillng buildings to IMlniml~.e the visual impact.
Co All telecommunications tower sites must compl,y with any lAndscaping require-
ments afthe City Code and IIll other applicable aesthetic and safety requirements
afthe City, and the City me.y require IAn<J_ping in euess afthose requirements
in order to ..n),Ance compllblll'lty with adJacent residential and non-z-it\eatial
land uses. All lAnA_ping ahall be properl,y IMAlntAlned to ensure good health
and viability at the owners expense. '1'elecommunleatioas tower facilities &hall be
lAnd~pM with a bu1l'er afplant materials that efl"ectivel,yscreeos theview afthe
telecommunications tower compound consisting of the teJANlmIMunleations tower
and an1"'nnAA, backhaul network and any structure or equipment cabinet, from
property used for residences. The standard buffer shall consist of a landscaped
strip at least five Ceet wide outside the perimeter of the compound. In locations
where the visual I"'p"'d; afthe telecommunleatioos tower would be ",lnl",..I. the
IAnil"""ping requirelDent JDay be reduced or waived by the City ""AnA~ or his
designee. Existing mature tree growth and natural land forms on the site &hall be
preserved to the "'....imum extent possible. In some cases as determined by the
City V onoger or his designee, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient bu1l'er.
d. If an antenna is installecl 011 a structure oCher than a teJ..........",unleatioas tower,
the antenna and supporting electrical and JMCh..nl....l equlp"'>eI't must be af a
neutral color that is identicsl to, or c:IoseI,y Compatible with, the color af the
lII1ppOrilng lItrw:ture 80 as to make the antenna and related equipment as
visuall,y unobtrusive as possible.
t
(9) Lighting. No RlgT'..lo. artificia1lights, or W..mln..ti()JJ. shall be permitted on any
antenna or tel.........."'..nie<'voas tower unless required by the FAA or other applicable
authority. If 11gJ>tlng is requb:ed, the Ugt.tlng eltematives and design chosen must
cause the Iesst disturbanAle to the IUrI'OWlding views.
(10) Setbadu. 'lOwers must be set baclt a minimum distsnce of 110 percent of the height of.
the telecommIJ'lieations tower from the property line.
(11) Separation. ~ telecommnnialtlons tower sbaR be separated from any other telecom-
munleations tower by a distance ofno less than one mile 88 measured by a straight line
between the bases of the towers.
.
Supp. No. "
CD31:198
.
,~
LAND DEVELOPMENT REGULATIONS
~ 31-241
(12) Height. Telecommunications towers shall not be constructed at a.ny heights in excess
oC those provided below:
a. For a single user, up to 90 feet in height;
b. For two users, up to 120 feet in height;
Co For three or more users, up to 160 feet in height;
d. For the purpose of determining compliance with all requirements of this section,
measurement of telecommunications tower height shall include the telecommu-
nications tower structure itself; the base pad, and a.ny other telecommunications
facilities att"'~ed thereto which atend more than 20 feet over the top of the
telecc>mmllnf....tions tower structure itself: Telecommunications tower height
shall be measured from grade.
(13) Local. StaU or F<<kral require_nts. The construetion, operation and repair of
telecommunications facilities are subject to the regulatory supervision of the City, and
shall be performed in compliance with all laws, ordinances and practices affecting such
systeIIl including, but not limited to, zoning codes, b.u1t1ing codes, and safety codes,
and as provided in subsection (dX10) and (11). The construction, operation and repair
shall be performed in a manner consistent with applicable industry standards,
iDcluding the Electronic Industries Asociaf:ioa. All telANl",munication towers and
ant"'nn..~ must meet or ~xceed current standards and regulations oCthe FAA, the FCC,
including ..mi~";Qn~ standards, and any other agency of the local, State or Federal
government with the authority to regulate towers and ant.('nn"R prior to issuance of a
building permit by the City. If such applicable standards and regulations require
retroactive applia?-tion, then the owners of the telecommunications towers and
antennas governed. by this section shall briDg such towers and antennas into
.......pll....... with such revised standards and reguletioo.s within IIix mnnf;ha of the
eft'ectivedate of such standards and regulations, ~ a different compll.nce
ec:J-l1l1e Is ",.n(jat.ed by the coa.troDing State or Federal ag\lIIq. Failure to bring
c.,.,.e.s and ant~n.R Into .......pll..n.,.. with such revised ""...ntl'l"lis and regulsf:innR
shall coa.sti.tute grounds for the remcmJ oC the te1"""'"'"'unlcations tower at the
cnmer's ~nse
(1() Building coda; 8a{ety standards.
a. 'lb ensure the strw:tura1 integrity of telANlmmQnicetions towers installed, the
owner shall construct and maintain the telecommunications tower in compliance
with the South Florida Bnnlling Code, and all other applicable codes and
standards, 88 amended from time to time. A statement shall be submitted to thl!
City by a proCesslonal eaglneer cerli(ying coropli..n.... with this subsection upon
completion oC col1lltruction and/or subsequent motlifi",tlon.. Where a preeDrting
structure, iDcluding Ught and power poles, Is requested 88 a stealth facility, the
facility,. and all modificatioas thereof', shall comply with all requirements as
Supp. No. ~ 0031:199
~ 31-241
AVENTURA CODE
provided in this article. Following the issuance of a building permit, the City shall
require the owner to provide a professional analysis of a IOil sample from the base
of the telecommunications tower site to assure integrity of the foundation.
b. The City reserves the right to conduct periodic inspection of telecommunications
towers to ensure structural and electrical integrity. If, upon inspection, the City
concludes that a telecommunications tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon notice being
provided to the owner of the telecommunications tower, the owner shall have no
more than 30 days to bring such telecommunications tower into compliance with
such standards. Failure to bring such telecommunications tower into compliance
within 30 da,ys shall constitute grounds for the removal of the telecommunica-
tions tower or antenna at the OWDAll"s expense.
(16) Warning signs. NotwithsUond1ng any contrary provisions of the City's Code, the
following shall be utilized in connection with any telecommunications tower or
antenna site, as applicable.
a. If high voltage is necessary for the operation of the telecommunications tower or
any accessory structures, "HIGH VOLTAGE-DANGER" warning signs shall be
permanently attached to the fence or wall surrounding the structure and spaced
no more than 40 feet apart.
b. "NO TRESPASSING" warning signs shall be permanently attached to the fence ,
or wall and spaced no more than 40 feet apart.
c. The height of the lettering of the warning signs shall be at least 12 inches in
height. The warning signs shall be installed at least five feet above the finished
grade.
d. The warning signs may be attached to freestanding poles if the content of the
signs ma;y be obstl'uc:ted by l..n~.....piDg_
(16) 8<<:urUy fendn8. 'l'el""'O"'muu.icatloo.. towers and the BCCe8BOty building(s) and/or
eq.npm"nt IIBBOCi.Iited therewith shall be eo..1--' by 8ecurity funt'ing not less than six
feet in height and shall also be equipped with an llpl)&O{lt.iate anti<limbiDg device;
provided however, that the City may waive such requirements.
(1'1) Measurement. For purposes ofmeasurezneDt. telecommnnl.,.tions tower setbacks and
eeparatiOD. distances ahall be '"t'ku1sted and applied to facilities located in the City
irre&~ve of M.,niclpel and County jurisdictional boundaries.
(18) Not essential aurncu.. Telecommunications towers and antennas shall be regulAted
and permitted pursuant to this article and shall not be regulated or permitted as
es~ntl..l services, public utilities, or private utilities.
.
(19) Frcr&ch.Uaflicetua. Owners and/or operators of towers or antennas shall certify that
ell fren""'ft'BllIlIOt'n_ required by law for the construction andlor operation of a
wireless communication system in the City have been obtained and shall file a copy of
all required francbisesIIicenses with the City.
Supp. No. .
OD31:2oo
.
.
.
LAND DEVELOPMENT REGULATIONS
~ 31-241
(20) Public 1IQtUe. For purposes of this section and notwithstanding any other require-
ments with regard to pubUe notice in the City's Code, any request (or a special
exception use on private p~ ahal1 require a public hearing that shall be
advertised at least seven days before the public hearing in a newspaper o( general
circulation and readership in the municipality. A courtesy notice shall also be mailed
to all affected property owners within 300 feet of the subject property prior to the
public hearing. The property shall also be posted with a sign in accordance with the
City's zoning provisions. If' approved. the owner of any telecommunications tower
approved for shared use shall provide notice of the location of the telecommunications
tower and the tower's load capacity to all other providers regulated by this article. All
costa related to the public notice ahal1 be paid by the eppH...."t.
(21) Siglu. No lIigns, iDcludiog co"'"'-cial advertising, logo, political. signs, fIyera, flags, or
b..""...... whether or DOt posted temporaIily, shall be allowed 011 any part of an antenna
or te1ecoonmll"I~H"'JS tower.
(22) Buildings and support equipment. Buildings and support equipment associated with
antenDaa or towers shall comply with the requirements of subsection (h) below.
(23) Inspections; reports; feu.
&. Telecommunications tower owners shall submit a report to the City certif3ing
BtructuraI.and elec:trical integrity every two years. The report ahal1 be accompa-
nied by a non-refundable fee of $200.00 to reimburse the City (or the cost of
review.
b. The City ma,y conduct periodic inspection of telecommunications towers, at the
owner's expense, to ensure slzuctura1 and electrical integrity and compliance
with the provisions of this section. The owner o( the te1ecommunications tower
ma,y be required by the City to have more frequent inspectiO'1S should there be an
~~~orotherrea&Oll.tobe1ievethatthesCzw:tural
and e1ec:trical integrity of the t~"'uuIca~ tower Is jeopardized. There
ahal1 be a m....i"'Wnofoneinspection per JlllI1'unless emergency or extraordinary
coo.ditions warrant.
(e) Pumltt<<l- em public property.
(1) General. The uses listed In this 0Jectl.00 appl,y specl1i....l1y to all wireless telecommuni-
cati0D8 .."tA"".... 8Dd towers located on property owned, leased, or otherwise con-
trolled as speclf;"'CJ In 1Il'~Q'1 (d)(1) by the City, provided a lease agreement
pu1'8WII1t to sw-ctioa (d)(l) has been approved by the City. The City reserves the
right to modif,y or waive the requirements for use on public property, but ahal1 not be
required to provide access to City property. A determination whether to grant or deny.
a wsiverrequest shall be made in accordance with standards to be adopted by
administ;rat1ve regulatiOI1 of the City.
(2) U-. All applicants for use In this section shall first submit a letter of Intent and all
other information as stated In subsection (d) herein to the City Manager's office, which
Supp. No. "
CD31:201
: ",-'.j;
f 31-241
AVENTURA CODE
.
shall be reviewed within 30 days from the submission of a eompleted application. The
City Manager is authorized to execute lease agreements and ....aive requirements as
provided in subsection (d) 011 behalf of the City. Tbe uses permitted under this section
are as follows:
a. Rooftop mounted telecommunications towers and antennas.
1. Tbe height, including support structures, shall not extend more than 80 feet
above the average height of the roof line;
2. Screening shall be required to mjn;m;~.e the visual impact upon adjacent
properties;
8. No IDDre than one telecommunications tower shall be located on a single lot
or siugIe blinding site;
4. Rooftop telecommunications towers shall not adversely affect s4jacent
properties.
b. Telecommunications towers and/or ant-l'nn a. constructed pursuant to this section
shall be erempt from the minimum distances from residential zoning districts as
provided in subsection (g) below.
c. No lease granted under this section shall convey any e:rclusive right, privilege,
permit or franchise to occupy or use the public lands of the city for delivery of
telecommunications services or any other purpose.
d. No lease granted under this section shall convey any right, title or interest in the
public lands other than a leasehold interest, but shall be deemed only to allow the
use of the public lands for the limited purposes and term stated in the lease. No
lease shall be construed as a conveyance of a title interest in the property.
.
(t) Pumitted usu on p1'ivaU property.
(1) Cknual. Tbe uses listed in this sectiOll apply to all wireless telecommunications
antennaa and te1ecommlln;....tl"". towers located on private p...<il"'&t)'. '!be following
provisioos shall govern the issuance of approval by the City pursuant to this section:
a. Each applicant shall appJ,y to the City for a permit' providiDg the Information lIS
set forth in subsectiollll (d) and (g) of this section. and a nonrefundable fee of
$l,6OO.oo to reimburse the City for the costs of reviewing the application.
b. Tbe City shall review the application and determine if the proposed use complies
with appW:able subsections of this section.
c. Tbe ,City sball respond to escl1 such app1ication within the time dictated by the
nature and scope of the individual request, subject to the generaD,y applicable"
time frames and pursuant to the intent of section 704 of the Telecommunications
At::/; of 1996. but in DO event more than 30 days for adm;n;Atratlve zoning
1l~9i0<<S. B1.i\d;ng permit applicatiollll shall be processed within a reasonable
period of time.
.
S-. No. 4
0031:202
LAND DEVELOPMENT REGULATIONS
~ 31-241
d. In connection with any IUch approval, the City may, to encourage the use of
monopoles towers, allow the recon&tn1ction of an existing telecommunications
tower to monopole construction. The reconstruction shall, at all times, comply
with the staJ1dards and requirements of this section.
e. If an application pursuant to this section is denied, the applicant shall file an
application for a special exception use permit pursuant to subsection (g).
(2) Uses. The following uses may be approved by the City Manager or his designee after
conducting an srlm;ni<<t:rative review:
a. Antelllla$ 011 pre~ ItnJctulu Any antenna which is not attached to a
pre-existing telecommunications tower may be approved by the City as an
acoesaory use to any colDJlJel'dal, industrial, proCessional, institutional, or multi-
family structure of eight or more dwelling units, provided:
1. 'll1e antenna does DOt ext"l1rl more than SO Ceet above the highest point of
the structure;
2. 'll1e antenna complies with all applicable FCC and FAAregulations and all
applicable building codes; and
3. 'lb m;n;m;.~.e.adverse visual impacts, antennas shall be selected based upon
the followiDg priority:
i, Any stea1thed antenna;
ii Panel;
ill. Whip; and
iv. Dish.
b.
The applicant shall demonstrate, in a m..nn'1t" acceptable to the City, why each
choice caDDDt be uaed for a particu1ar application if that choice is DOt the top
priority.
AnteMaI 011 pre-uUting ~ tolDera.. An antenna which Is at-
tached to a pre.existiDg teo1ecl()mmunications tower may be approved by the City
provided BUCh c:o-Iocation is accompliahed In a m..nn.... consistent with the
following:
1. A telecommunications tower which is DJDdifi.ed or rec:onstructed to llCCOIIl-
morllllte the co-Iocation of an IIdtliti""..l antenna shall be of the same
teol.........munications tower type as the existing te1......mmunications tower,
l1II1e6s the City allows reconstruction as a monopole pursuant to this
section.
.
2. H..;gJ>t An eJisting telecommunications tower may be modified or rebuilt to
a taller height, to lICCX'mmodate the co-location of an additional antenDa(s),
ooq if the modifieatiOl1 or reconsUuction Is In Cull compliance with this
section. This provision shall include utility and powerpoles. The additional
Supp. No. , CD31:203 '
f 31-241
AVENTURA CODE
.
height referred to above shall not require an additional distance separation
as set forth in subsection (g). The tower's premodification height shall be
used to caleuiate such distance separations.
3. Onsite location. A telecommunications tower which is being rebuilt to
accommodate the co-Iocation of an additional antellllB. may be moved onsite
within 60 feet of its existing location. After the telecommunications tower is
rebuilt to accommodate co-Iocation, only one telecommunications tower may
remain on the site. A relocated onsite telecommunications tower shall
continue to be measured from the original telecommunications tower
location for purposes of caleuiating separation distances between towers
p\1llluant to subsecti.tlns (d)(ll) and (g)(3)b. The location ofa telecommuni-
cations tower shaD in no way.be deemed to cause a violation of wbsections
(d)(U) and (g)(3)b.
. 4. Microwave dish anten""" located less than 65 (eet above the ground may
not exceed lib: feet in diameter. Microwave dish anteDnlls located 65 feet and
higher above the ground may not exceed eight feet in diameter. Ground-
mounted dish ant"n""" must be located or screened so as not to be visJ."ble
from abutting public streets.
Co Alternative telecommunications tower structure. Locating an alternative tele-
communications tower structure in an MI, OP, YO and B2 zoning district that is
in conformity with the goals set forth in subsection (a) of this section.
d. Cable microcell network. Installing a cable microcell network through the use of
multiple low-powered transmitters/receivers attached to erlsting wirellne sys-
tems, such BS conventional cable or telephone wires, or similar technology that
does not require the use of towers.
.
(g) S~ ~tion. use.
(1) CkMral. '!be provisions listed in this section apply og]y where an application (or the
coostructi.on of a telecommunications tower or the placeu>ent of an antenna in a zoning
district does not meet the criteria for approval as provided in subseetions (d). (e) or (f)
of this section All.. applicant for a special exception use permit shall submit hiformation
descnDed in B1.\)pcHnn (d) and the City's Code o(Ordinances and lIIIY other reasonable
information the City may require. '!be following prcmsions shall govern the issuance
for special exception use permits:
a. Comp1iaoce with the proc:ecI.ures and requirements of special en:eption uses as
stated in the Cii<Y's Code of Ordinances, including the zoning provisions, and as
required in this section. .
b. In granting a permit, the City may impose conditions to the extent the City
coDcludes sw:h cooditions are uecess1I"Y to n>lnimI7,e lIIIY adverse effect of the
proposed tele<'O"'m'llll~tlons tower or ImtA"".. on adJoining properties or to
satisf,y the special exception criteria.
.
Supp. No.4
CD31:204
.
LAND DEVELOPMENT REGULATIONS
f 31-241
-.
c. Any information of an engineering nature that the applicant submits, whether
civil, mechanical, or electrical, shall be certified by a licensed professional
engineer.
d. A non-refundable fee of $500.00 to reimburse the City for the costs of reviewing
the application, in addition to all other applicable fees required by the City.
(2) Setback8. Notwithstanding any contrary provision of the City's zoning regulations, the
following setback requirements shall apply to all telecommunications towers for which
a permit under this section is required:
a. 'lbwers must be set back a minimum distance of 110 percent of the height of the
telecommunications tower from the property line.
b. '!be base or any guys and lICe en~ bnrl"lngll must satisfy the minimum ZOlling
district setbaclc requirements with refereuce to special exception use, but not to
iodude ref'ereuce to rightlHlf-w-s,y controlled by the City.
(3) Separation. '!be following separation requirements shall apply to all telecommunica-
tions towers and antennas for which a special exception use permit is required:
a. Separation from ofr-site usesldesignated areas. Telecommunications tower sepa-
ration shall be measured from the base of the telecommunications tower to the lot
line of the off-site uses and/or designated areas as specified in Table 31-241,
except as otherwise provided in Table 31-241. Separation requirements for towers
shall comply with the minimum standards established in Table 31-241.
b. The separation distance from other towers described in the inventory of existing
sites submitted pursuant to section 45-104(d) shall be shown on an updated site
plan or map. The applicant shall also identify the type of construction of the
existing telecommunications towerls) and the owner/operator of the existing
telecommnnlcatlons towerls), if known.
TABLE 31-241
Off-site Uee tJuignated Arm Separation Dimuu:e
~ordtop1--r-I"-fl.l units. 500 feet or 300 percent height of tele-
communications tower whichever is
greater
Vacant single-Camily or dupla residen- 500 feet or 300 percent height of tele-
tially zoned land communications tower"'. whichever Is
greater
ExistiDg ",nlf1fAmrly residential units 100 feet or 100 percent height of tele-
greater than dupla units communications tower whichever is
greater
NOll." e ""....H.lly zooed lands or non- None; only setbacks apply
~ l'esldentfa1_
" udes modular homes and mobile homes used for living purposes.
. , ";~,.,';'~~{~\
CD31:205
j
~ 31-241
AVENTURA CODE
""Separation measured from base of telecommunications tower to closest build.
ing setback line.
c. Separation distances between telecommunications towers. Separation distances
between telecommunications towers shall be applicable for and measured be-
tween the proposed telecommunications tower and pre-existing towers. The
separation distances shall be measured by drawing or following a straight line
between the base of the pre-existing telecommunications tower and the proposed
base, pursuant to a site plan, of the proposed telecommunications tower. The
separation distance shall be a minimum of one mile, regardless of type of towers.
(4) Factors coll8idered in. granting special exception ~nnits for towerL In addition to any
standards Cor consideration of permit applications pursuant to the City's Code of
Ordin.nces, including the WRs, the -City shall consider the following Cactors in
determining whether to issue a permit:
a. Availability of suitable existing telecommunications towers, other struetures, or
state of the art technologies not requiring the use of towers or structures.
b. Height of the proposed telecommunications tower.
c. The setback and separation distances between the proposed telecommunications
tower and the nearest residential units or residentially zoned properties. \
d. Proximity of the telecommunications tower to residential structures and residen-
tial district boundaries.
e. Nature of uses on adjacent and nearby properties.
f. Surrounding topography.
g. Surrounding tree coverage and foliage.
h. Design of the teIecommnl'ieJHOOII tower, with particular reference to design
characteristics that have the effect of reducing or,..limin.ting visual obtrusive-
ness.
i Proposed. ingress and egress.
(h) Buildings or other equipment {atilives 'lb.e following standards shall apply:
(l) Antennas mounted. on structures or rooftops. The equipment cabinet or structure used
in a.ssociation with ant",nn.. shall comply with all of the following:
a. The cabinet or structure shall DOt contain more than 300 square feet of gross floor
area or be more than 80 inches in height. In addition, Cor bnil"inl:'! and structures
which are less than four stories in height, the related nn",.nnoo equipment"
structure, if over 100 square feet oC gross floor area or three feet in height, shall
be located on the ground and shall DOt be located on the roof of the structure
unless the building or structure is completely screened from sight pursuant to the
requirements of subsection (d)(S).
Supp. No. "
0031.:206
.
.
LAND DEVELOPMENT REGULATIONS
~ 31-241
b. If the equipment structure is located on the roof of a building, the area of the
equipment structure and other equipment and structures shall not occupy more
than five percent of the roof area.
c. Equipment buildings or cabinets shall comply with all applicable zoning and
building codes, including minimum setback requirements, as provided in subsec-
tion (g).
d. MobUe or immobile equipment not used in direct support of a telecommunications
tower facility shall not be stored or parked on the site of the telecommunication
tower, unless repairs to the telecommunications tower are being made.
e. All buildings and equipment cabinets shall be '~uoccupied at all times.
(2) ADtPnn... DOt located on telecommunications tower; II10UIlted on Utility poles or light
poles. '!be equipment cabinet or structure used in association with antennas shall be
located in accordance with the following:
a. In residential districts, the equipment cabinet or structure may be located:
1. In a side yard setback provided the cabinet or structure is no greater than
three feet in height or 16 square feet of gross floor area and the cabinetJ
structure is located a minimum. of five feet from all lot lines. The cabinet/
structure shall be screened by an evergreen hedge with an ultimate height
of at least 42 to 48 incbes and a planted height of at least 36 inches.
2. In a rear yard setback, provided the cabinet or structure is no greater than
five feet in height or 16 square feet in gross floor area. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of 72
inches and a planted height of at least 36 inches.
b. In commercia1 or industrial districts the equipment cabinet or structure shall be
no greater than five feet in height or 25 square feet in gross t100r area. '!be
IItrIIctme or ~hinet shaD. be ecreeaed by an e._greeIl hedge with an ultimate
height of '12 inches and a pI.nted height of at least 36 inches. In all other
inst.n........ stnlcture8 or cabinets shall be IlCl'lleIIed from view of all residential
pt\lP8dies which abut or are direc:tIy ea'OlI8 the stzeet from the structure or
cablMt by a BOlid ..........nry fence six feet in height or an evergreen hedge with an
ultimate height of six feet and a planted height of at least 86 inches.
(3) .AntenMc loca~ on towera. '!be related unm.nned equipment structure shall not
COIltain more than 1600 square feet of gross t100r area or be more than eight feet in
height, and shall be located in accordance with the ....Inlmum yard requirements of the
ZOIIing district in which located.
(i) 1Wnoool of abandoned antennaa and towera. Any uWmn. or telecommunications tower
that is DOt operated for a continuous period of 12 II1OI1ths sball be considered abandoned, and
the 0WIUll' of such anteaDa or tel_munications tower shall remove the same within 90 days
of rec:eIpt of notice from the City I1Otif,ying the 0WIUll' of such abandonment. Failure to remove
an abaDdoned antenna or telecommunications tower within the 90 days shall be grounds for
8upp. No. ,
CD31:207
~ 31-241
AVENTURA CODE
the City to remove the telecommunications tower or antenna at the owner's expense. H there
are two or more users of a single telecommunications tower, then this provision shall not
become effective until all users cease using the telecommunications tower.
(j) Nonconforming U8eS.
(1) Not eJ:PO.ll8wn of T1Cnconforming use. Telecommunications towers that are constrocted,
and antennas that are installed, in accordance with the provisions of this article shall
not be deemed to constitute the expansion of a nonconforming use or structure.
(2) Pre-existing telecommunicatWII8 towers. Lawful pre-erlsting telecommunications tow-
ers shall be allowed to continue their usage as they presently exist. Routine mainte-
nance (including replacement with a new telecommunications tower of like constnJe-
tion and height) shall be pennitted 011 such ~ towers. New constnJcti.on
other than routine maint<>n.n_ on a pre-existing telecommunications tower shall
comply with the requirements of this article.
(3) &building da.maced or destroyed noncon{orminc towers or antennas. Notwithst...niling
subsection ro, bona fide nonconforming telecommunications towers or antennas that
are damaged or destroyed may be rebuilt without having to first obtain ailmini.trative
approval or a permit and without having to meet the separation requirements
specified in subsections (gX2) and (3). The type, height, and lOcation of the telecom-
munications tower onsite shall be of the same type and intensity as the original facility
approval Building permits to rebuild the facility shall comply with the then applicable
building codes and shall be obtained within 180 days from' the date the facility is
damaged or destroyed. H no permit is obtained or if the permit expires, the telecom-
munications tower or antenna shall be deemed abandoned as specified in subsection
(i).
(It) Protection of the City and residents.
(1) .IruUmni/icaticn. 'Ihe City shall not enter into an,y lease agreement untlI. and unless
the City obtains an adequate indeD111ity from sueh,provider. The indeD111ity must at
least:
a. Release the City from and against an,y and all liability and responsibility in or
arising out of the c:ooatrw:tion, operation or repair of the telecommunications
facility. Each telecommunications facility operator must further agree not to sue
or seek an,y money or i1.m.gea from the City in conneclion with the above
mentioned matters;
b. Indemni1;y and hold harmless the City, its Commi.sion, elected and appointed
oflioers, agents, servants and employees, from and against an,y and all claims,
deD18.l1ds, or causes of action of whatsoever kind or nature, and the resultin8'
10Slles, costa, expenses, reason.hIe attorneys' fees, liabilities, i1.m.ges, orders,
j..tlg7"~nts, or decrees, BUStained by the City or an,y third party arising out of, or
by reason of, or resulting from or of each telecommunications facility operator, or
its agents, employees, or servants negligent acts, errors, or omissions.
SIlpp. No. , CD31:208
..
,.
LAND DEVELOPMENT REGULATIONS
~ ~1-24J
c. Provide that the covenants and representations relating to the indemnification
provision shall survive the term of any agreement and continue in full force and
effect as to the party's responsibility to indemnify.
(2) Insurance. The City may not enter into any lease agreement until and unless the City
obtains assurance that such operator (and those acting on its behalf) have adequate
insurance. At a minimum, the following requirements must be satisfied:
a. A telecommunications facility operator shall not commence construction or
operation of insurance by the City Manager, nor shall a telecommunications
facility operator allow any contractor or subcontractor to commence work on its
contract or sulK:ontract until all similar such insurance required of the same bas
been obtained and approved. The required insurance must be obtained and
maintained for the entire period the telecommunications facility is in existence.
If the operator, its contractol'1! -or subcontractors do not have the required
insurance, the City may order such entities to stop operations until the insurance
is obtained and approved.
b. Certificates of insurance, reflecting evidence of the required insurance, shall be
filed with the City Manager. For entities that are entering the market, the
certificates shall be filed prior to the commencement of construction and once a
year thereafter, and as provided below in the event of a lapse in coverage.
c. These certificates shall contain a provision that coverages afforded under these
policies will not be canceled until at least 30 days prior written notice has been
given to the City. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida.
d. In the event that the insurance certificate provided indicates that the insurance
shall terminate or lapse during the period of the lease agreement with the City,
then in that event, the telecommunications facility operator shall furnish, at least
30 da.Js prior to the expiration of the date of such insurance, a renewed certificate
ofinsuraDce lIS proot'that equal and like coverage for the balance of the period bas
been CJbt-ined
(3)
CompreM1UWc getlUCllliabUity. A telecommunications facility operator and its con-
tractors or subcontractors engaged in work on the operator's bebalt shall maintain
...inimwn insurance to cover liability, bodilyiDjury (including death) and property
~_m _ge. Ezposures to be covered are: premises, operations, and those certain contracts
relating to the construction, installation or maintenance of the telecommunications
facility. Coverage shall be written on an occurrence basis and shall be included, as
applicable, in the lease agreement between the City and the telecommunications
facility operator.
,1 \
".,.j );.~ , (l) Security furuL Every telecommunications service provider whether on public or private
i property shall establish a cash security fund, or provide the City with an irrevocable letter of
~t in the same amount, to secure the payment of removing an antenna or telecommuni-
tower that has been determined to be abandoned, in the event the owner is not in
CD31:209
~.".'.
. -., .~' . -'"
". . .'
'."
~ 31-241
AVENTURA CODE
-,
compliance with subsection (i). The amount to be provided for each telecommunications tower
shall be $25,000.00; the amount for each antenna array shall be $5,000.00. In the alternative,
at the City's discretion, an operator may, in lieu of a cash security fund or letter of credit, me
and maintain with the City a bond with an acceptable surety in the amount of $25,000.00. The
operator and the surety shall be jointly and severally liable under the terms of the bond. In the
alternative, at the City's in lieu of the cash
(m) Penalties. Any person, flrm or corporation who knowingly breaches any provision of this
article shall upon receipt of written notice from the City be given a time schedule to cure the
violation. Failure to commence to cure within 30 days and to complete cure, to the City's
satisfaction, within 60 days, or such longer time as the City may specify, shall result in
revocation of any permit or license and the City shall seek any remedy or damages to the full
extent of the law. This shall not preclude other penalties allowed by law.
.
(n) Precisions of this article to control. Notwithstanding any contrary provisions of the
City's Code of Ordinances, including the City's LDRs, the provisions of this section shall
control
(Ord. No. 99-09, ~ 1(Exh. A, ~ 1111), 7-13-99)
Sees. 31.242-31.270, Reserved.
ARTICLE XII. NONOONFOIUIIINO 0000 AND G'l'RUO'I'URES
See. 31.271. Purpose and scope.
The purpose of this chapter is to regulate and limit the development
existence of uses, structures, and lawful lots established prior to the em . e date of these
LDRs which do not conform to the requirements of these WRs. Many- on-conformities may
continue, but the provisions of this chapter are designed to bstantial investment in
noncon!onnities and to bring about their eventual im tor ..limlnAtion in order to
preserve the integrity of these regulations and the of the City. Any nonconforming
use. structure, or lot which lawfully existed as of th ective date of these LDRs and which
remains nonconforming, and any use, structure lot which has become nonconforming as a
result of the adoption of these LDRs or an ubsequent amendment to these LDRs may be
continued or maintained only in acco ce with the terms of this chapter.
(Oni. No. 99-09, ~ lCExh. A, ~ 120 -13-99)
nonconforming use or structure.
A noncOnfo e or structure shall not be expanded or extended beyond the floor area
or lot e.rea th t occupied on the effective date of these WRs or the effective date of any
amendm to these WRs rendering such use nonconforming, except as provided for
devel ent deteruiined to have vested rights pursuant to subsection 31-3(b)(2).
( . No. 99-09, ~ HExh. A, ~ 1202), 7-13-99; Oni. No. 2002-07, ~ 6, 3-5-02)
Supp. No.7
CD31:210
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-241 ENTITLED "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS" BY
AMENDING SECTION 31-241(a) PROVIDING FOR
PURPOSE; SECTION 31-241(b) PROVIDING FOR
DEFINITIONS; SECTION 31-241(c) PROVIDING FOR
APPLICABILITY; SECTION 31-241(d) PROVIDING FOR
GENERAL REQUIREMENTS AND MINIMUM STANDARDS;
SECTION 31-241(e) PROVIDING FOR PERMITTED USES
ON PUBLIC PROPERTY; SECTION 31-241(f) PROVIDING
FOR PERMITTED USES ON PRIVATE PROPERTY;
SECTION 31-241(9) PROVIDING FOR CONDITIONAL USE;
SECTION 31-241(h) PROVIDING FOR STANDARDS FOR
BUILDINGS OR OTHER EQUIPMENT FACILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide consistency with federal and state laws; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed
amendments pursuant to the required public hearing and has recommended approval
to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
Ordinance No. 2004 -
Page 2
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That Section 31-241(a) of the City's Land Development
Regulations is hereby amended so as to provide for clarification of purpose, as follows1:
Sec. 31-241(a). Purpose.
(7) Encouraae colocation amona wireless telecommunications service providers
and enhance the ability of providers of telecommunications services to
provide such services to the community through an efficient and timely
application process pursuant to FS 365.172 as amended.
Section 2. That Section 31-241(b) of the City's Land Development
Regulations is hereby amended so as to provide for additional and revised definitions,
as follows 1:
Sec. 31-241(b) Definitions
"Aoolicant" means a person or entity with an application before the City for a
permit for a personal wireless service facilitv.
"Carrier" means a company licensed by the Federal Communications
Commission (FCC) that provides wireless services. A tower builder or owner is
not a carrier unless licensed to provide personal wireless services.
"Colocation" means the use of a common mount by tow or more wireless
carriers.
"Commercial mobile radio services." Per Section 704 of the Telecommunications
Act of 1996. anv of several technoloqies usina radio siqnals at various
freauencies to send and receive voice, data and video. Accordina to the FCC,
these services are "functionally eauiyalent services". Section 704 of the
Telecommunications Act orohibits unreasonable discrimination amona
functionally equivalent services.
"Personal wireless services" is defined as commercial mobile services,
1 Underlined provisions constitute proposed additions to existing text; striGken IAre~!lA provisions indicate
proposed deletions from existing text.
Ordinance No. 2004 -
Page 3
unlicensed wireless services and common carrier wireless exchanoe access
services. This definition includes analoq and diqital (800 MHz) cellular.
broadband PCS (1850-1900 MHz) services and enhanced specialized mobile
radio and paoino services.
"Search area" means the qeooraphic area in which a telecommunications facilitv
must be located in order to provide FCC re~uired coveraoe, as certified throuoh
an affidavit bv a Radio Frequencv enqineer as to radio freouencv waves or other
such appropriate technical expert.
'Telecommunications Tower or Tower" means any structure, and support
thereto, design and constructed primarily for the purpose of supporting one or
more antennas intended for transmitting or receiving personal wireless services,
telephone, radio and similar communications purposes, including lattice,
monopole and guyed telecommunications towers. ...
'Telecommunications Tower Heiaht" - when referrinq to a communications tower
or other structure, the distance measured from the finished orade of a parcel to
the hiohest point on the tower or other structure, includino the base pad and any
antenna. but excludino liohts and liqhtninq rods.
Section 3. That Section 31-241(c) of the City's Land Development Regulations
is hereby amended to expand applicability of this section, as follows 1:
Sec. 31-241(c). Applicability.
(4) AM Array. For purposes of this section, an AM array, consistinq of
one or more tower units and supportino oround system which
functions as one AM broadcastino antenna, shall be considered one
tower. Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM
array. Additional tower units may be added within the perimeter of
the AM array by rioht.
Section 4. That Section 31-241(d) of the City's Land Development
Regulations is hereby amended so as to provide for an application process,
timeframes, submission requirements and a special review fee as follows 1:
Ordinance No. 2004 -
Page 4
Sec. 31-241(d). General Requirements/minimum standards.
The City shall qrant or deny a properly completed application for a permit for the
sitinq of a new wireless tower or antenna on property, buildinqs or structures within
the City's iurisdiction within ninety (90) business davs after the date the properlv
completed application is submitted in accordance with the City's application
procedures, provided that such permit complies with applicable federal requlations
and is consistent with state law and applicable local zoninq or land development
requlations, includinq any aesthetic requirements. Local buildinq requlations shall
apply.
The City shall notifv the permit applicant within (20) business days after the date
the application is submitted as to whether the application is, for administrative
purposes onlY, properly completed and has been properlY submitted. However,
such determination shall not be deemed as an approval of the application. Such
notification shall indicate with specificity any deficiencies which, if cured, shall make
the application properly completed.
If the Citv fails to qrant or deny a properly completed application for a permit
which has been properly submitted within the timeframes set forth in this section,
the permit shall be deemed automatically approved and the provider may proceed
with placement of such facilities without interference or penalty. The timeframes
specified in this section shall be extended only to the extent that the permit has not
been qranted or denied because the City's procedures qenerally applicable to all
permits require action by the City and such action has not taken place within the
timeframes specified in this section. Under such circumstances, the City must act to
either qrant or deny the permit at its next reqularly scheduled meetinq or, otherwise,
the permit shall be deemed to be automatically approved.
(1) Lease Required. Any construction, installation or placement of a
telecommunications facility on any property owned, leased or otherwise controlled by
the City shall require a Lease Agreement executed by the City and the owner of the
facility, unless otherwise prohibited by applicable law. ...
(5) Engineering Report. All applicants for new telecommunications towers and
pre-existing telecommunications towers which are modified or reconstructed to
accommodate additional antennas shall submit a written report certified by a professional
engineer licensed to practice in the State of Florida. The report shall include:
a) Tt-le a~plicable 6taAElame: of 6Site development plan reviEW,' of the entire
subject property drawn to scale, including, without limitation:
il a tax parcel number, a legal description of the parent tract and leased
parcel, total acres and SectionfTownship/Ranae of the subiect property:
ii) the lease parcel fully dimensioned, includinq property lines, setbacks,
roads on or adiacent to the subiect property and easements:
Ordinance No. 2004 -
Page 5
iii) outline of all existinq buildinqs, includinq purpose lie residential
buildinqs, qaraqes, accessory structures, etc.) on subiect property:
iv) all existinq veqetation, by mass or individually by diameter, measured for
feet from the qround of each stand-alone tree on the subiect propertv:
v) proposed/existinq securitv barrier. indicatinq type and extent as well as
point of controlled entry:
vi) proposed/existinq access easements. utility easements and parkinq for
the telecommunications tower:
vii) all proposed chanqes to the subiect propertv: includinq qradinq,
veqetation removal, temporary or permanent roads and drivewavs, stormwater
manaqement facilities and anv other construction or development attendant to the
telecommunications tower.
viii) scaled elevation drawinq of proposed telecommunications tower,
includinq location of all mounts, antennas. equipment buildinqs, fencinq and landscapinq.
~if applicable, on-site and adjacent land uses, and master plan
classification of the sito, a visl,lal il'T-l!'Jaot analysis and photo digitalizatioA of tho
telocomml,lnicatioAs tewer and all attachments incluetin!:j aS60eiated buildings and
equipment containeFs at the pr-operty line, as '1.'011 os at a disklAee of 25Q foet and 500
feet from 011 we!'Jertios within that range, er at ather !'JaiAts agr-eed upon in a pro
a!'J!'Jlieation meating.
c) Type of telecommunications tower and specifics of design. includinq:
1., equipment brochures for the proposed tower such as manufacturer's
specifications or trade joumals reprints. These shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs and security barrier, if anv:
ii. materials of the proposed tower specified bv qeneric type and
specific treatment (ie anodized aluminum. stained wood, painted fiberqlass. etc). These
shall be provided for the antennas, mounts, equipment shelters, cables and cable runs
and security barrier, if any:
iii. colors of the proposed tower represented bv a color board showinq
actual colors proposed. Colors shall be provided for the antennas, mounts. equipment
shelters. cables as well as cable runs and security barrier, if any;
iv. dimensions of the tower specified for all three directions; heiqh!.
width and breadth. These shall be provided for the antennas, mounts. equipment
shelters and security barriers. if any; and
v. a visual impact analysis, with a minimum of two (2) ohoto
diqitalization or photoqraphic superimpositions of the tower within the subiect property.
The photo diqitalization or photoqraphic superimpositions shall be provided for all
attachments, includinq: the antennas, mounts, equipment shelters, cables as well as
cable runs and security barrier, if any, for the total heiqh!. width and breadth, as well as at
a distance of 250 feet from all properties within that ranqe or at other points aqreed uoon
in a pre-application conference.
Ordinance No. 2004 -
Page 6
h) Special Fee. The City shall have the richt to retain independent technical
consultants and experts that it deems necessary to properly evaluate applications for
individual towers. The special fee shall be based upon the hourly rate of the independent
technical consultant or expert that City deems necessarv to properlv evaluate applications
for tower. The special fee shall be applied to those applications recuirinc special review
or evaluation. The special fee shall be reimbursed by the applicant to the City.
(7) Co-location Incentive. Pursuant to the intent of this section, the City shall
provide the following incentive to service providers:
a. The r-El'liew of all applications submitted by pr-oviders seeking to co locate
on a 13m oxisting telecommunications towor or to rent space on a pr-oposed no'.\'
telecomFRI,JRicatioRs tov,'or shall be completod by the City no more than thirty (~O) days
follo'...,ing the filing of a City shall qrant or deny a properly completed application for a
permit as provided in this section, for the co-location of a wireless communications facility
on property. buildinqs or structures within the City's iurisdiction within forty-five (45)
business days after the date the properly completed application is initially submitted in
accordance with the City's application procedures, provided that such permit complies
with all applicable federal requlations and applicable local zoninq or land development
reculations. includinq but not limited to any aesthetic requirements. Local buildinq
requlations shall apply.
(20) Public Notice. For purposes of this section and notwithstanding any other
requirements with regard to public notice in the City's Code, any request for a sf3esial
eXGef3tion conditional use on private property shall require a public hearing...
Section 5. That Section 31-241(e) of the City's Land Development
Regulations is hereby amended so as to provide for consistency of timeframes in
Section 31-241, as follows 1:
Sec. 31-241 (e) Permitted uses on public property.
(2) Uses. All apf3licants for use in this section shall fiFGt submit a letter of intont
and all other informatien as stated in subsection (d) horoin to tho City Managor's effico,
whish shall Be reviowed within ~O days fr-om tho SI,JBFFlission of a comploted application.
The City Manager is authorized to execute lease agreements and waive requirements as
provided in subsection (d) on behalf of the City. ...
a. 3. No more than one telecommunications tower shall be located on a single
lot or single building site; and
Ordinance No. 2004 -
Page 7
Section 6. That Section 31-241 (f) of the City's Land Development Regulations
is hereby amended so as to provide for consistency of timeframes in Section 31-241, as
follows 1:
Sec. 31-241 (f). Permitted uses on private property.
(1 )c. The City shall respond to each such application witAiR pursuant to Section
31-241(d) takinq into consideration the time dictated by the nature and scope of the
individual request, subject to the generally applicable time frames and pursuant to the
intent of Section 704 of the Telecommunications Act of 1996, but in no event more than
:w 20 days for administrative zoning decisions. Building permit applications shall be
processed within a reasonable period of timo. the timeframes set out in Section 31-
241(d).
(2)a. Antennas on pre-existing structures. Anv additional wireless
communication facilities required within the existinq secured equipment compound
within the existinq site. such as communication cables. adiacent accessory structures or
adiacent accessory equipment used in the provision of cellular. enhanced specialized
mobile radio. or personal communications services. shall be deemed a permitted use or
activitv. Local buildinq and land development requlations. includinq anv aesthetic
requirements. shall apply. ...
(2)e. Additional Wireless Communications Facilities. Anv additional wireless
communications facilities required within the existinq secured equipment compound
within the existinq site, such as communications cables. adiacent accessory structures
or adiacent accessory equipment used in the provision of cellular. enhanced specialized
mobile radio or personal communications services. shall be deemed a permitted use or
activity. Local buildinq and land development requlations. inciudinq any aesthetic
requirements. shall apply.
Section 7. That Section 31-241 (g) of the City's Land Development
Regulations is hereby amended so as to provide for consistency with the development
applications in the City's Land Development Regulations, as follows1:
Sec. 31-241(g). Spocfa! Exs9{JtfoFl Conditional use.
(1) General. The provisions listed in this section shall apply only where an
application for the construction of a telecommunications tower or for the placement of
an antenna in a zoning district does not meet the criteria for approval as provided in
subsections (d), (e) or (f) of this section. An applicant for a special Qxcoption
Ordinance No. 2004 -
Page 8
conditional use permit shall submit information described in subsection (d) and the
City's Code of Ordinances and any other reasonable information the City may require.
The following provisions shall govern the issuance for cpocial exception conditional use
permits: .,.
(4) Factors considered in granting &pecIal excoptIon conditional use permits for
towers.. ..
(4)h. Design of the telecommunications tower with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.and
Section 8. That Section 31-241(h) of the City's Land Development
Regulations is hereby amended so as to provide for consistency with the development
applications in the City's Land Development Regulations, as follows1:
Sec. 31-241 (h). Buildings or other equipment facilities.
(3) Separation. The following separation requirements shall apply to all
telecommunications towers and antennas for which a spacial exception
conditional use permit is required:
Section 9. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 10. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 11. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
Ordinance No. 2004 -
Page 9
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Manny Grossman
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
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 Manny Grossman
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED on first reading this 3'd day of February, 2004.
PASSED AND ADOPTED on second reading this
day of
,2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Ordinance No. 2004 -
Page 10
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this
CITY CLERK
day of
,2004.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
DATE: December 8,2003
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM,
SUBJECT: Ordinance Amending Lobbying Activities Chapter of the City Code
1st Reading January 6,2004 City Commission Meeting Agenda Item.:1.::li
2nd Reading February 3, 2004 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance which
amends Chapter 2 of the City Code relating to Lobbying Activities.
BACKGROUND
The City Attorney prepared the attached Ordinance in response to recent revisions to
the Miami-Dade County Lobbying Ordinance. This matter was reviewed at the
November Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01268-03
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VI "LOBBYING ACTIVITIES"
OF CHAPTER 2 "ADMINISTRATION," BY
REPEALING ALL OF ARTICLE VI, CONSISTING OF
SECTION 2-371 THROUGH AND INCLUDING
SECTION 2-377, EXCEPT FOR SECTION 2-375
"PENALTIES," AND ADOPTING A NEW ARTICLE
VI "LOBBYING ACTIVITIES" TO CONSIST OF
SECTION 2-371 "LOBBYISTS" AND SECTION 2-375
"PENALTIES" OF CHAPTER 2
"ADMINISTRATION," BY ADOPTING SECTION 2-
11.I(S) OF THE MIAMI-DADE COUNTY CODE
CONCERNING LOBBYING, AS MODIFIED HEREIN;
PROVIDING FOR RELATED FEES AND OTHER
PROVISIONS CONCERNING LOBBYISTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Miami-Dade County (the "County") Commission has recently
comprehensively revised the County lobbyist ordinance (the "County Lobbying Ordinance") as
set forth in Section 2-11.1(s) of Miami-Dade County Code (the "County Code"); and
WHEREAS, the staff of the County Ethics Commission has recommended that the
revised County Lobbying Ordinance be adopted and followed by municipalities within the
County; and
WHEREAS, the City Commission desires to adopt and follow the provisions of the
County Lobbying Ordinance as described herein, along with the modifications and other
requirements specified herein.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals AdoDted. That each of the above stated recitals is hereby
Ordinance No. 2004-
Page 2
adopted and confirmed.
Section 2. ReDeal. That the City Code of the City of Aventura, Florida, is
hereby amended by repealing Article VI "Lobbying Activities," consisting of Section 2-
371 through and including Section 2-377 of Chapter 2 "Administration," except for
Section 2-375 "Penalties," which reads as set forth in Exhibit "A" attached hereto and
incorporated herein. Any fees owed to the City under the repealed provisions shall be
due and owing to the City until paid in full.
Section 3. Code Amended. That the City Code of the City of Aventura, Florida,
is hereby amended by creating Article VI "Lobbying Activities" to consist of existing
Section 2-375 "Penalties" and new Section 2-371 "Lobbyists" of Chapter 2
"Administration," to read as follows:
Section 2-371. Lobbyists. The provisions of Section 2-II.I(s)
"Lobbying," of the Miami-Dade County Code (the "County
Lobbying Ordinance") as it currently exists, as set forth in Exhibit
"X," attached hereto and incorporated herein, is hereby adopted
and shall apply within the City, except that in lieu of the fee for
annual lobbyist registration which is specified by Section 2-
I 1.1 (s)(2)(b) of the County Lobbying Ordinance, the fee payable
to the City for registration of each lobbyist for the representation of
each principal of the lobbyist shall be One Hundred ($100.00)
Dollars (per principal represented), and the fee payable to the City
for annual lobbyist registration for each lobbyist shall be Two
Hundred ($200.00) Dollars. References in the County Lobbying
Ordinance to County personnel shall be deemed to be references to
City personnel who serve in comparable capacities to the County
personnel referred to. References in the County Lobbying
Ordinance to the County Commission or to a "County board or
committee" shall be deemed to be references to the City
Commission or to the City's boards as applicable. This Section 2-
371 shall prevail over any conflicting provision ofthe City Code.
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
2
Ordinance No. 2004-
Page 3
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made
a part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Grossman, who moved
its adoption on first reading. This motion was seconded by Commissioner Holzberg and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
no
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
3
Ordinance No. 2004-_
Page 4
PASSED AND ADOPTED on first reading this 6th day of January, 2004.
PASSED AND ADOPTED on second reading this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
4
JAN-23-2004 ~KI 11:28 AM
12.11,1
~ AX NO.
P. 02
f')(Jtrh,i ")( II
MIAMl,llAUE COliN'fY CODE
Inspector General shall verify the accu-
racy of each affitlavit executet.! by former
coufily officers. departmental personnel
or CmI)loyees.
(6) ^"y individual who i. found to be in
violation of this Subsection (q) ,hall be
subjecl 1.0 the penalties rnovidEd ifl either
Sub.eclion (u)( 1) Or Subsection I u ~2). (Ord
No. 72.82, ~ 1, 11-21.-72; Ord. No. 77.13,
~ 4, 3-1-77; Ord. No. 99.2. ~ 1, 1-21.,99)
(r) Ethics CaJlunis.!lirm. to render opil!iollS on
rt!qrtc...t. Whenever any lH~r::l()n induded in the
t.:rIllS dof",,'" in subsection (b)(l) tJ1[ough (6) and
subsection (b)(9) is in doubt as t.o the pI'oper
interpretat.ion Or application of this tollfiict of
in!.erest anel Code of Ethics Ordinance aa to
himself or hl!rself, or whenever any p~r~on who
rendeT~ services to the COlUlty is in doubt as to
the applicability of the aaid ordinance as to him.
.elf or herself, he or she may submit to tho Et.hics
Commission 8 fl.lll written sbtcment of the f(\ct.~
and questions he or .he has. The Ethics Coromi..
si.)Q shall then rendl!r an opinion to such person
,u,d shall publish these opinions WiUloUt tlse of
the naroe of the person advised ullless such per.
sen requests the use of his or her MIne. (Ord. No.
7<1-26, i 1. 3-2n.73; Ord. No, 77-1.3, * 4, 3-1.77;
Ord. No. 97-105, ~ 2, 7-8-97)
-? (s) Lobbyi1l!f.
\1 \ (a) As used in this section. "County per-
6onnel" means those County nfficers
and eruployeos speeifled in Section
2.11.1(i)(2) of the Miami-Dade County
Conflict of Interest and Cod. of Eth-
ics OrdinAnce.
(bl As used in this scetion. "Lobbyist."
means all persons, firms. or corpor<1&
Hans employed or retaine(1 hy Do prin-
cipal who st-eka to encour3ge the
pa~~age, defeat, Or modifications of
(1) ordinanc(I, resolution, action Dr
oli'tision of the ClJunty Commissionj
(2) any action. decision, rCCClmlnen-
dation of the County Manager or any
County boord or committee; Dr (3)
any action, decision or rccommend~-
tion of Count.y personnel tlurint' the
time period of thc entire deci!::inn.
Supp.No_~!)
making pTOC~S!'l on !sucb actioLl, ded-
sion or reconuuendation which
foresec.bly will b~ heard or re-
viewed by the CounLy Commil'l'sion,
or a County bo(lTd or cOOlmitlee..
"Lobbyist" specifically ineludrs the
principal as well 3.9 any employee
WhClSl~ normal ecope of en1ployment
includes labbyin~ i)div.itie~. The term
"Lohbyist" specifically excludes the
following persons: aUarn(lYs or other
re{Jrcsentativcs Tctairled or f:'mployed
solely for ilie purpose of reprosont-
ing individuals, corpl)ratiODt1 or other
entities during pIlhlidy noticed quasi-
judicial pro(:eedinC!i where the law
prohihits ex-porte coznmunicntions;
expert witnesses who provide only
sc:iEmHfic, tfOchnical or other speci~)-
ized information or testimony in pub~
he meetings; any person who only
appears as n repreB~ntntiv~ of a
nCighLorhood nssoeiation without
compensation or reimbursement for
the appearance, whether direct, in-
direct or continl:2nt, to express sup-
port of or opposition to any item; allY
I>erson who only nppesrs as 11 repre-
st=!ntath"e of n nnt-!or-profit commu-
nity based orgr.mization for the pur~
p0ge of requc!Sting a ~tint without
~pecial compcn.!s3tion or reimburse-
ment for the appearnnc:c; and em-
ployees of a principal whose normal
."'p" of employment does not In.
clude IDbbying activiU.s.
(2) All lobbyists shall regist.er with the Clerk
of the Boord of County CommiSf:ioncl'l:5
within five (5) businMI' uays of hc!ing-
retnincd as a lobbyist Dr before gng::tl{ing
in any lobbyjnrr nctivities. whichever shall
C'Ome first. ~~very perlion rC'quit'ed to so
register sholl:
(8) Register 011 fOrlns prepared by the
Clerk;
(b) State under oa.lh bi!=: {lr her n.ame,
busilHHiS adtlress and the manC! :md
busine~$ addrC'u of each penon or
~nt.ity which has E1mployed said reg.
274
JAN-c..h'UU4 ~Kl 11 :':c' AM
~ AX NU,
P. U3
ADMINISTRATION
! 2-11.1
istrant to lobby. If the lobbyj~t rep-
resents Q corporation, the corpora-
tion shan wo be identified. Without
limiting the foregoing, the lobbyist
shall also identify all persons hold-
inl:, directly or indirectly, a five (5)
percent or more ownership interest
in !iluch corporation. partnership, or
trust. Registration of all lobbyists
shall be requin>d prior to January 15
of each yt!3r and each person who
withdTaws as a lobbyi.t for a partic-
ular client shall file an appropriate
1\otk(l of withdrawa1, The fee for
annual registration .hall be four hun.
dred and ninety dollars ($490.001.
Every regist","t shall be required to
state the extent of any business or
profc.uional relationship with any
current person described in iub.sec.
tion (bXll. The regiatratioa fees re-
Quired by this .ubsection shall be
deposited by the Clerk into a sep.-
rate account nnd shall be expended
for the purpo!.ie of recording, tran-
scriblDg. administration and other
costs incurred in maintaining the~
re<'OrtIs for availability to the public.
There shall be no fee required for
filing 3 notice of withdrawal and the
Board of County Conlmissioni!r5 may,
in its discretion, wCli-ve the registra.-
tion fee upon a finding of financial
hardship.
(c) Prior to conducting nny lobbyin~, all
principals must me a form with the
Clerk of the Board of County Com-
missioners, signed by the prineipnl
or the prlnC'.ipal's representative, stat..
ing that the lobbyist is authorizen to
represent the principal Failure of I;l
principal to file the form required by
tho preeeding s~ntcnce may be con..
sidel'ed in the evglualion of Q bid or
proposal n:l eyidence that a proposer
or bidder is not 8 responsible contrac-
tor. Each principal shllll file a form
with the Clerk of the Board at the
SUflP' No, 3!l
point in time at which B lobbyist is
no longer nuthoriz(!u to represent
tbe priIldpnJ,
(3) (a) Any p..blie officer. empwyee or .1'.
pointee who only appears in his or
her official capacity shall not be re-
quired to regi.ter as a lobbyist.
(b) Any pl'rson who only appear' in hi.
or hcr individunl capacity for the
purpose of seU'''rcpn!sentation with-
out eompensstioD or reimbursement
whethE'r diroc::t. indirect Or contin~
gent, to expreS9 support Dr llr oppo.
sition to any item, shall not be re-
quired to register as a lobbyist.
(41 Any persoa who only uppears us a repre-
sentative of a not-for-profit corporation or
entity (such as 3 charitable organization
or a trad€ association or tl'a'de union):
without special compensntion or reitnbllZ1'Cl~
ment ror the appearance, whether aired,
indirect or contilllont, to express support
of or opposition to any item, 9hall register
with the Clerk a. required by this .uboee-
tion, but, upon request, shall not be re-
quired to pay any regist'-dtion fee..
(5) Any person who appears as a repreaenta,
t.ive for an individual or firm for 2:\D. onl
presentation before n county ce-rtificatiou,
evaluation, sele.ction, lcchnical revIew 01'
similar committc:e, .halllist on an affida-
vit provided by the County, all individuals
who msy make a presentation. The affi.
davit shall be filed by alalfwith lhe Clork'.
office at the time the proposni is aubmit-
ted. For the purpose of thi. subsection
only. the listed members of the pre..nta.
tion team sh11l1 not be required to pa.yany
regist.ration fee!l. No person shall appear
before ..ny committee on behalf of an
individual or firm unlc::;s he or she has
been listed as part of Lhe firmrs presenta-
tion team pur!suant to this paragraph or
unless he or she is ~yteTPd with the
Clerk's otrice and has paid all appUoable
fees.
(6) (a) Commencing July 1, 1986, nnd on
July 1 or each ~..,ar there. Iter, the
271.1
JAN-23-2004 ~~l 11:28 AM
12.1!.l
~ AX NO.
MW.U.llAJlf: COUNTY COllE
lobbyist shall submit to the Clerk of
the Board of County Commissioners
" signed statement under oath, ns
provided herein, listing all lobbying
expenditures in exce9~ oftw€nty-five
dollars ($25.00) for the preceding
calendar year. A slatement sha 1) Le
filed even iJ there have beel1 no cx~
peoditurea dU1"ing 1he repClrtinLt pe-
riod. The statement shall list in do.-
tail eneh expenditure by category.
including food ~\nd Leverage, enter..
tainment. Tc~e&.rch. COIDIU\1IUcntioo.
media advertising, publications,
travel. lodging and special ""enlS
(b) The Clerk of t,ho Roard of Couoty
Commissioners shall notil)1 any lob-
byist who fails to timely file an ex.
penditure report. In O1ddilion to any
other pennltiee: whic:h nUiy be im-
posed as provided in subsection (s)(9).
a line offifty dollars ($50.00) per day
shall be as.essed for reports filed
after the due d.te. Where n fille of
My do11= ($50.001 per day is ns,
sBssed, the Ethics Commission shnll
not impose B fine :is provided in
subsection (!). Any lobbyist who 1::';1,
to file tho required expenditure roo
port by September 1st shall b. auto'
matknlly su'pended from lobbying
until .ll fine. are pnld IInlc.s the
fine has been appealed to the ~:thics
Commission.
(c) The Clerk of the lloard of County
Commi.ssion~rs ahall notify the Com-
mission on Ethics: and Public Trust
of the failure of n lobbyist or princi.
pn) to file a report and/or pny the
o.sscssed fines ;Ifter notification.
(d) A lobbyist or principal may appeal a
fine and may reQu("st a hf!aring be-
fore the COOlmisl'S'ion on l!:thies nnd
Public Trust. A roque.t for n h..rjll~
on the fine must be filed with Ihe
Commission on Ethics :lnu Public
Trust within fifteen (15) eslendar
days of receipt of tbe notification of
t,he failure to file the requirod disclo-
Supp. No. 39
~ure form. The ComlUl~sion on Eth-
ics and Public Tru,l sh.1l have lhe
authority to waive the fine I in whole
Dr part, based on good cause :shown.
The Commi$~ion 011 Ethics and Pub-
lic Trust shall have the nuthority to
adopt ruJcs (If proced!lre regardinC
:ippeals frmll t.he Clerk of the Bonrd
of County Commi!o!~ioJ).ers.
(7) No person may, in whol. or in part. pay.
give or agree to payor give :, cOlltiug-ency
fell to another person. No p~r!ion may, in
whale or in part, receive or agrep to rc~
ceive a contingency fee. As used herein,
"contingency fee" me<lns a foo, boo US, C<lrn-
mission, or nonmonet;:l:ry benefit al'; COIll-
pensation which is dp.flcnd8.at on or in ~\ny
way contingent on the passage, defeat, Or
modific~tion of: (1, an ordinance, ree:olu~
tiOll, action Or decision of the County
Commh:sion; (2) any action, decision nr
recommendation of the Counly Mann::.r
or cmy County bO;lTd or committee; or fa I
any DetioIl, decision or recommendation of
County personnel during the time period
of the entice decision~mak.ing process re-
garding such netion, deciBion or r~cOIll-
mend.tion which forese.ably will be heard
or Jr.viewed by the County Commission,
or l'1 County board or coJ'[lIuittee.
(8) 1'h. Clerk sh.lI publish logs on a quar.
terly and nn annual basi. renccting tho
lobbyist registrations which have been
filed in ncconlance with Utis subsection
(s). All logs required by ti,is ordinanc.
shall he' prepared in iI manner liubstan-
tially similor to the logs prepared for the
f'lorid. LeJtislature pursuant to !;kctiol1
11.04~. l~lorlda Stnt,utcs.
(9) The Ethics Commission sh.1l InvestiRato
nny person engaged in lobby in/: activit.ies
who mrlY be in viol<ltion of this subsection
(s). In the event that a violation i~ round
to have be.n committed the Ethics Com-
mission may, in addition to the pcnolties
set forth in illlh~Qe:tion (0'.), prohibit :;;uch
person from lobbying before tho Count)'
Comrnis51on or any cornmitt.ce, board or
personnel of the County as pruvided herein.
274,2
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FAX NO,
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I\J.lMINlSTRATION
l2.11.1
Every Inbbyi.t who is found to be in vio-
lation of this section shan b. prohibited
from registering as a lobbyist Or lobbying
in accordance with the followinc schC'dule:
1"l v101i\tion for;). period of 90 days I.-om
the date of detormination of violation;
2"" violation for" period of on. (1) ye.r
(rOID the date of dotermination of viola-
tion;
3'. violation for a period of five (5) years
from the date of determinatiDn of viola..
tion;
A bidder or proposer shall be subject to
the debRrment provisions of Section 10-38
of the Code of Miami-Dade County as if
the bidder or prQPIJ~er were a contractor
where the bidder or proposer has violated
this section, either directly or indirectly
or any cOIubination thereof, on three (3) or
more oc:casious. As used herein, a "direct
viol:ltiontl shall mean D viollJtiDn commit-
ted by the bidder or proposer alld an
"indirect violation" shall mean 3 violation
committed by a lobbyist representin~ said
bidder or proposcr. Acontract ()l1tered into
iu violation of this section shall also ren-
der the contract viodable. The County
Mallager sholl include the provisio,," of
this subsection in :JI County bid docu-
mont.., RFP, RFQ, CliO and CDBG appli.
ciltions; provided, however, the failure to
do so shall not render any contract en..
tered into os the ,'.oult of such failure
illegal per SIC.
(10) All m.mbe... ofthe County Commission.
and .n County personnel, shall be dili-
gent to ascertain whether persons re-
quired to register pursuant to this S\lbSlCC~
tion hs.ye been complied. Commissioners
or County personnel may not k.nowingly
permit 11 person who is not rcgisterfl'd
pursuant to this subseotion to lobby the
Commissioner, or the relevant committee,
board or County personnel
Ill) Except as otherwise provided in subse..
tion (s)19). the validity of auy ection or
deterInination of the Board of County
Commu:sioners or County personnel, board
SIIPP. No.3!)
or commiU.ee shl\ll not bc affect,cd by the
failure of any person to comply witil the
provisions of thi. subsection(s).
lard. No. 00-19, ~ 1, 2.8-00; Ord, No. 01-!)3, ~ 1,
5.22-01; Ord. No. 01-)62, ~ 1, 10-23.(1)(: "3./.1)
(tl Cone of Silc'lCe.
1. Contrllc!s for the provision of ~oods Ilnd
6erv)c;c other than audit and independeu,t
private sector inspeelor general (IPSIG)
contracts.
(a) "Cone of Silence" is hereby defined to
mcan " prohibition on: (i) any com-
munication regarding a particular
RFP, RFQ or bid between a polential
vendor, service providor. bidder, lob~
byi.t, or consultant nnd the County's
professional staff including, but not
limited to, the County Managor and
his or },~r staff; (ij) any comnlunic:u.
tion recarding 11 particular RFP. RFQ
or bid between the Mayor, County
Commissioners or t.heir rr.spective
staffs and any member ofilia County1s
profes.ional staff including, b\lt not
limited to, the County Ma!li:lgcr nnd
his or her staff; mil any communica-
tion regarding a porticu lar RFP, RFQ
or bid between a potential vondor,
S('rviCf~ pruvider, bidder, lobbyist, or
consultant and any member of the
selection conunittee therefor; (iv) any
communication regarding a particu-
br Rl"P, RFQ or bid between lhe
MayoT, County CommissiDnen OT
their respective staffs and any melI1"
ber oft.he seloction committee thure~
for; (v) nny communica.tion reg3rd~
ing a particular RFP, RFQ Or bid
betw~n ~ potential vendor, service
provider, bidrler, lobbyist, or consult-
ant non the Mayor. County Conlmis-
mOilers nnd their T~8pectivE': staffs;
and (vi) MY eommunication reC'ard.
ing a particlllor RFP, RFQ or bid
between any member the COWlty'S
profe..lonal stafI' and ..ny m.mber of
the selection C'olnmittee therefor. The
Couoty Manager and the Chairpor-
son of the selection committee may
274.2.1
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/,111' :3
~
ARTICLE VI. LOBBYING ACTIVITIES'
See. 2-371. Definiti<>ns.
The fonowing word., terms and phra""s, when used in this article, $h911 have the meanings
ascribed to theln in this section, except where the context dearly indicates a different meaning:
Agency means the City. including all elected and appointed officials, employees and persons
acting on behalf of the agency.
Lobbyist.
(1) Lobbyist means any person who, for cOlnpellsation or remuneration, direct Dr indirect,
seeks to influence the governmental doc:isloD4mnkillg of the agency Or :o:;cclcs to
Elncour(lg(~ the passage, defeat Or modin..C',ation of any ordinance, re:soJution, contrCJ.ct,
bid award, proposal, recolIU1lcnailtion, action or deci~ion of the Deen.ey.
(2) Lobbyist does not menn:
Q. A City employee when acling in his official capacity.
b. Any person, 0"( its full-time employee, officer or owner, who IlllIlcnrs before the
City Commissioll, a City Bonrd or committee, or the City M:ln:1{;CT or staff in an
individual capacity for tl1c purpose of self-'representation or for tile represeDia~
tion of others without compensation or reimbursement to €XprE'-SS support or or in
II'Cross reference-Quam-judicial matLers (or planning and zoning, * ~i4-3] ei. serl.
State law reference-Lobbyist rogistration ~nd reporting, F.S. !i!i 11.045 ct soq., 112.3215
et seq.
SUP}). No.5
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ADMINISTRATION
~ 2-375
OPPllsition to any t>:rdinance, resolution, decision or 3.cliun of the City COro.n:lls-
~j()n, or any resolution, action, recommendation Or dr.dsion of nny City Bonrd,
~gency or committee, or any Acti.on, de.cision or recommendat.ion of the City
Manager.
Person includes individuals, firms, associations, joint ventures, g~neral nnd limited parL-
nership,. c,'3tntes, trusts, business trus1$1 sYTldicates, fiduciaries, corporatjons, and "an other
WOUJ1S or combinatioos.
(Ord. No. 97-05, ~ 1, 2-4-97; Ord. No. 99-05, S 1, 4-0-99)
C-ross reference-Definitions generally, S 1-2.
Sec. 2-372. Registration reqllh'ed.
Alllobbyisl.s shall, before engagillg in any lobbyinI; activities, rel.~ster with the Cit:y Clerk.
(Ord. No. 97-05, ~ 2,2-4-97)
Sec. 2-373. Registration information.
Every person r"~ujTed to register as 0 lobbyist sball do so on forms prepared by the City
Clerk and sh"lI state under oath his no.me and business addres", the n8llle and husine8s
address of each persou which has employed the registrant to lobby, aud the specific issue all
which he 11M been employed to lobby. Separate reI;istratious shall be required for eoeb specific
issue an.d for each employer.
(Ord. No. 97-05, ~ 3, 2-4-97)
See. 2-374. Annual statemen~ of expenditures.
On January 1 of each year, an lobbyists registered pursuant to this article shall submit to
the City Clerk a si::ned statement under oath listing all lobhying expendituro. ror the
preceding calendar year. A otnteraent shall he filed even if tbero have bean no e>:pcnditures
dw'ing the reporting period. Annual stntements shall be required until such time as the
lobbyist files a noLico of withdrawal oflobbying activities with the City Clerk.
(Ord. No. 97-05, ~ 1, 2-4-97)
Sec. 2-376. Penulties.
(a) WheMver a vieJotion of this article exists, the City Commission may publidy repri.
mand, censure andlor prllhibit such lobbyist from lobbying before the City fOT a period of up io
but not 1.0 exceed two ye~lr~.
(b) The penalties provided in t.his section are cumullltive in nature. Nothing contained in
this nrtide shall prevent the City from pursuing any other remedies aVFLilable to the City
ulld~.r the City's Code and/or State law for the enrOl"Cement of its ordinances.
(Ord. No. 97-05, ~ 5, 2-4-97)
Supp. No. l5
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9 2-370
AVENTUM CODE
Sec. 2-376. Rcltistration forms and disclosure statements tt, be public reoords.
1111 registrat.ion forms and annual disclosure st"t.cmeuts Tcquirl)d by Ulis article shall be
public records subject 1;0 illspection and e"aminntion as provided for in 1".8. & 119.07.
(Ord, No. 97-05, & 6, 2-1-97)
Sec. 2-377. lte!:,istTation fee_
An alUlua} lobbyist registration fcc in the amount of $100.00 per calendar year [or each
lobbyist shall be paid to the City Clerk at the time the lobhyist files n rcgistTatiou form. This
fee i~ necessary to cover the achnilustrativc expenditures required by this nrtic1e.
(Ord. No. 97-05, f 7, 2.4-97)
Sees. 2-378-2-390. Resel'Ved.
r. 11
(j)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: December 10, 2003
SUBJECT: Ordinance Enacting a Police Pension Plan and Trust Fund
1st Reading January 6,2004 City Commission Meeting Agenda Item rz -8
2nd Reading February 3, 2004 City Commission Meeting Agenda Item 'is -l3
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance Enacting a
Police Pension Plan and Trust Fund.
BACKGROUND
The Addendum to the PBA Collective Bargaining Agreement recently approved by the
City Commission provides for the City to implement a defined benefit pension plan for
members of the bargaining unit.
The attached Ordinance was prepared to implement the plan in accordance with the
components included in the Addendum, state law and IRS regulations.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01270-03
ADDENDUM 1"0 AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 2002 to September 30, 2005
It is agreed by the City of Aventura and the Dade County Police Benevolent
Association that the Collective Bargaining Agreement for the period of October 1,
2002 to September 30, 2005 is hereby amended as follows:
,
ARTlClli 29
Pension \.'estina
Section 1. The '.'astin€! sGl1eElulo for purposes at the City's IC~t^.RC
Rotirement Pro€!Fam fer members at the bar-€laining unit shall be as fellows:
yeorsat Servioo \testinQ %
o to 1 years 0
110 2 years 20
2 to ~years 40
~ to 4 years 60
4 to a years 80
Mere than 5 years 100
Sactien 2. The. City's centritJutionon bohalf of the employoe into the City's
IC~.'\RC Retirement Pr~gram fer members of the bargaining unit shall be 1~.5%.
ARTICLE 29
Pension Plan
Section 1. The City aorees to implement a defined benefit pension plan for
members of the baroainino unit to . be effective October 2003. based on the
follOWina components:
A. Pensi.on Plan Points
a) Local Plan administered bv Board of Trustees as provided in State
Statue.
b) Normal Retirement - 55 and 10 years of service or completion of 25
years
c) Benefit - 3%
d) Averaae Final Compensation - Best 5 year salary of last ten
e) Vestina Years - 10 years. If less than 10 vears of service. emplovee
contributions are refunded with 3% interest.
f) Salary - All except off-duty
g) Additional Fundinq - State contributes .85% of Qross premiums collected
on automobile, burolarv and theft andpropertv insurance within como rate
limits. This could translate to 4 to 5% for the Citv plan.
h) Earlv Retirement - 45 and 10 vears of service. The benefit is reduced bv
3% for each year early before normal retirement aqe.
i) Line of Duty pre - retirement death benefit - -Greater of accrued benefit
or 30% of month Iv compensation at death.
j) Disability - (Non-dutvl - 10 vears of service. 25% of averaqe monthly
compensation or pension benefit accrued.
k) Disability - {On-dutyl -42%of average month Iv compensation. Citv to
, maintain current short and lona term disabilitv programs
B. pian Fundina (includes use of185 moniesl
a) Citv contribution effective 10/1/03 shall be 14.5%. All emplovee's
contribution. effective 10/1/03. shall be 6.3%. Estimated 185 monies to be
5%.
b) All emplovees hired Prior to 10/1/00 shall be eliaible for all service (vested
for all vears emploved bv the citv as a police officer). Employees are
required to transfer all funds accrued in their Citv 401' plan (defined
contribution plan) to the defined benefit plan effective October 2003. The
Citv will make no further contributions to the 401 Plan. ,
c) Emplovees hired after 10/01/00 would be eliqible for future service onlv as
of 10/01/03 and thev would retain all funds accrued in 401 plan. For those
employees with less than three (3) years service as a City of Ayentura
Police Officer as of October 1. 2003. the followinq applies:
1: The officer receives no past service credit in the newly provided
Defined Benefit Retirement Plart
2. The officer retains ownership of the vested balance in the previouslv
provided Defined Contribution Plan (ICMA 401 Plan).
3. For the time after October 1. 2003. the officer is credited with service in
both the new Defined Benefit Plan and the previous Defined
Contribution Plan.
4. The Citv will make no further contributions to the Defined Contribution
Plan.
5. The Citv and emplovee will contribute to the new Defined Benefit
Retirement Plan for all periods after 10/1/03.
For example, a Police Officer who beqan work with the Citv on October 1.
2001 would have two vears service as an Aventura Police Officer on
October 1. 2003. The Officer is 40% vested in the Defined Contribution
Plan on October 1. 2003. If the employee continues to be employed by
the City as.a Police Officer. the Officer will become 60% vested in the
Defined Contribution Plan on October 1. 2004: 80% on October 1. 2005
and 100% on October 1. 2006. At October 1. 2006, the Officer will also
have 3 years of credited service in the Defined Benefit Plan.
.......,"~",
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d) Future increases or decreases required to fund the plan based on
actuarial study would be sol it SO/50 (City/Employee) durino the life of this
aoreement.
Section 2. The City and PBA aoree that Article 29. Section I .B. d) of this
Aoreement shall expire as of September 30. 2005 at 11 :59 and therefore shall be
null and void.
ARTICLE 31
Reopenina of NeQotiations
Somion 1. Roopener. Iilet\'.'een I'.pril 1 and I\pril15, 2003, either party may notify
the other party, in writing, of its desir,Q ta reopen Article 10 Salaries and /I.rticle 29
PeRsians at this I\gr-eement, provided that such reopener ami any resulting
ne€lotiations shall be f-or the sole purpose of discussing /\rticle 10 Salaries and
^rticlo 29 Pensions only. Upon. such notice eeing €liven, the Eluly authorized
representativos of the parties will meet by May 1, 2003,or such later date m: tho
partieS may mutually agree upon, to cemmence such ne€latiations. /1.11 other
previsions of this Agreement shall remain in full force and effect during any
reepening.
This Agreement is made and entered into and executed this "1 l7"-. day of
Oc--fc;b~- , 2003.
OLENT ASSOCIATION
.
Eric M. Soroka, Ci
er
PB
--
Representative
c-..:. _ 0 rv.....~
Representative
. ,-
.1Undedrnl!d provisions constitute additions to the existing agreement; stricl<<ln
thi'otign provisions indicate deletions from the existing agreement.
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CODE BY ENACTING A NEW POLICE
PENSION PLAN AND TRUST FUND; PROVIDING TERMS
FOR IMPLEMENTATION: PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has determined that the creation of a local law
pension plan is in the best interests of the police officers and citizens of the City of
Aventura; and
WHEREAS, the City Commission of the City of Aventura concurs that
establishment of a local law pension plan is the most efficient means of complying with
state law and is in the best interests of the citizens and taxpayers of the City;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Aventura:
Section 1. Section
of the Aventura City Code is hereby enacted as
follows:
SECTION _
RETIREMENT PLAN ESTABLISHED: NAME: OPERATIVE DATE:
MINIMUM BENEFITS
A. A Retirement Plan is hereby established and placed under the exclusive
administration and management of a Board of Trustees for the purpose of
providing retirement benefits pursuant to the provisions of this Ordinance
and for defraying the reasonable expenses of the Retirement Plan.
B. The Retirement Plan established by this Ordinance shall be known as the
City of Aventura Police Officers' Retirement Plan.
C. The Retirement Plan shall have an effective date of October 1, 2003.
D. The Plan shall provide not less than the minimum level of benefits required
by Chapter 185, Florida Statutes.
SECTION _' DEFINITIONS.
The following words and phrases as used in this Ordinance shall have the
following meanings:
A.
Accumulated Contributions
shall mean the sum of all amounts
deducted from a member's
compensation or picked up on
behalf of a member.
B.
Active Membership
shall mean membership in the
Retirement Plan as an employee.
C.
Actuarial Eauivalent
shall mean that any benefit
payable under the terms of this
system other than the normal form
of benefit shall have the same
actuarial present value on the
date the payment commences as
the normal form of benefit. For
purposes of establishing the
actuarial present value of any
form of benefit, other than a lump
sum distribution, all future
payments shall be discounted for
interest and mortality using the
1983 group annuity mortality table
for males, with ages set back one
year for females. In the case of a
lump sum distribution, the
actuarial present value shall be
determined on the basis of the
same mortality rates as set forth
in this Section.
D.
And
shall have a conjunctive meaning.
E.
Beneficiarv
shall mean any person receiving a
retirement allowance or other
benefit from the Retirement Plan.
F.
Benefit
shall mean a retirement allowance
or other payment provided by the
Retirement Plan.
G.
Board or Board of Trustees
shall mean the Board of Trustees
of the Retirement Plan.
H.
Citv
shall mean the City of Aventura,
Florida.
I.
Credited Service
shall mean membership credit
upon which a member's eligibility
to receive benefits under the
Retirement Plan is based or upon
which the amount of such benefits
is to be determined.
J.
Disabilitv
shall mean the permanent and
total incapacity to perform regular
and continuous duties as a police
officer for the City of Aventura.
The term regular and continuous
as used in this definition shall not
require that a police officer be
able to perform all of the duties
set forth in the job description, but
shall mean the ability to perform
work within the classification of
police officer for which a position
has been made available by the
City, consistent with the physical
or mental health of the member.
K.
Earlv Service Retirement
shall mean a member's
withdrawal from service under
circumstances permitting the
payment of a retirement benefit
before such member is eligible
for normal service retirement.
L.
Earnable Comoensation
shall mean a member's base pay
for regular hours worked as an
employee. overtime pay. amounts
paid for administrative leave.
bereavement leave,
compensatory time paid in lieu of
regular wages, court time, Garcia
days for K-9 service, holiday leave
taken in lieu of regular pay, job
basis leave, jury duty, light duty,
paid military leave, personal leave
taken in lieu of regular pay, storm
leave, storm/hurricane pay,
suspension with pay, pay for time
off due on the job injury, vacation
leave taken in lieu of regular pay,
and workers' compensation paid
by the City ; and, excluding pay
received for off-duty details for
third parties, whether or not the
payment is made through the City.
Earnable compensation shall not
include payouts of accumulated
leave taken as cash upon
separation from service.
Retroactive payments shall be
credited to the calendar year in
which such payments would have
been received had they been
timely paid. Compensation for any
plan year shall not include any
amounts in excess of the Internal
Revenue Code Section 401 (a)(17)
limitation as adjusted for change
in the cost of living in the manner
prescribed by the IRC, Section
401 (a)(17)(8).
M.
Emplovee
shall mean a police officer
presently employed by the City. A
police officer who is reclassified,
due to disability, as a City
employee outside of the police
service shall have membership
rights in the Retirement Plan
applicable to that new class of
employees.
N.
Final Monthlv Compensation
shall mean a member's average
monthly rate of earnable
compensation from the City during
the five (5) best years out of the
last ten (10) years of employment
; provided that if a member has
been employed for fewer than five
(5) years, such average shall be
taken over the period of actual
employment.
o.
Police officer
shall mean any person for whom
contributions are made or picked
up to the retirement plan as
required by this ordinance and
who is certified as a police officer
as a condition of employment in
accordance with the provisions of
Section 943.1395, Fla. Stat., and
who is vested with the authority to
bear arms and make arrests, and
whose primary responsibility is the
prevention and detection of crime
or the enforcement of the penal,
criminal, traffic, or highway laws of
the state, including supervisory
and managerial personnel.
P.
Fund
shall mean the City of Aventura
Police Officers' Retirement Plan.
Q.
Mav
shall mean a permissive term.
R.
Member
shall mean a police officer actively
employed by the City for whom
contributions to the Retirement
Plan are made as required by this
Ordinance. Members shall also
include retired police officers. The
chief of police and any such other
managerial ranks, as may be
permitted by law, shall have the
option to participate in this plan or
another city sponsored retirement
plan.
S.
Option
shall mean one of several choices
available to members with respect
to the manner in which a
retirement allowance may be paid.
T.
Pension
shall mean a series of periodic
payments, usually for life, payable
in monthly installments.
U.
Pick-Uo Amounts
shall mean employer contributions
derived from a member's earnable
compensation through a reduction
in the member's earnable
compensation.
v.
Plan Year
shall mean the period from
October 1 through September 30
of the following year.
w.
Retirement
shall mean a member's
withdrawal from active
membership with a benefit
granted to the member pursuant
to the provisions of this
Ordinance.
x.
Retirement Allowance
shall mean a pension provided by
the Retirement Plan.
Y.
Retirement Plan
shall mean the City of Aventura
Police Officers' Retirement Plan.
z.
Service
shall mean active service as an
employee.
AA.
Service Retirement
shall mean a member's retirement
from active service under
circumstances permitting payment
of a retirement allowance without
reduction because of age or
length of service and without
special qualifications such as
disability. Service retirement shall
be considered normal retirement.
BB.
Trustee
shall mean a member of the
Board of Trustees of the
Retirement Plan.
CC.
Vested Benefit
shall mean an immediate or
deferred benefit to which a
member has gained a non-
forfeitable right under the
provisions of this Ordinance.
DO.
Minimum Vestina
shall mean ten (10) years of
credited service before the
member is entitled to retirement
benefits except for service-
incurred disability retirement
income or service incurred death
benefits.
SECTION . ADMINISTRATION OF THE RETIREMENT PLAN.
A. The sole and exclusive administration of, and the responsibility for the
proper, effective operation of the Retirement Plan and for implementing the
provisions of this Ordinance is vested in a Board of Trustees.
B. The Board of Trustees shall consist of five (5) persons; two (2) of whom
shall be legal residents of the City of Aventura and who shall be appointed
by the City Commission from a list provided by the City Manager. Two (2)
members of the Board of Trustees shall be police officers elected by a
majority of the police officers who are active members of the plan. A fifth
member of the Board shall be chosen by a majority of the other four (4)
Trustees, and such person's name shall be submitted to the City
Commission for appointment. The City Commission shall appoint the fifth
member selected by the other four (4) Trustees as a ministerial duty.
C. All Trustees shall serve a term of two (2) years. If a vacancy shall occur
prior to the expiration of a member's term, a replacement member 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.
D. The Board of Trustees shall prescribe a uniform election procedure for the
selection of the active member Trustees.
E. All Trustees shall serve without compensation, but they shall be
reimbursed from the Fund for all necessary expenses authorized by the
Board, including, but not limited to reimbursement for leave time used for
educational conferences approved by the Board. The Board shall be
permitted to prescribe uniform rules for reimbursement for travel
expenditures, consistent with City travel policy.
F. The Board of Trustees shall annually select a chairman and a secretary
who shall execute all documents on behalf of the Board.
G. A majority of the members of the Board shall constitute a quorum for the
transaction of business and shall have full power to act under the terms of
the Plan. Three (3) concurring votes shall be required of the Board to take
action.
H. The Board shall keep minutes of all meetings and a record of any action
taken by the Board shall be kept in written form and maintained by the
Board.
I. The Board of Trustees shall have the authority to make such uniform rules
and regulations and to take such action as may be necessary to carry out
the provisions of the Plan and all decisions of the Board of Trustees, made
in good faith, shall be final, binding and conclusive on all parties.
J. The Board of Trustees shall be deemed the named fiduciary of the Plan
and shall discharge its responsibilities solely in the interest of the members
and beneficiaries of the Plan for the exclusive purpose of providing
benefits to the members and their beneficiaries and to defray the
reasonable expenses of the Plan. The Trustees shall exercise those
fiduciary responsibilities with the care, skill, prudence and diligence under
the circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of an
enterprise of a similar character and with similar aims.
K. The Board of Trustees shall have the following administrative duties:
1. To maintain such records as are necessary for calculating and
distributing retirement benefits;
2. To maintain such records as are necessary for financial accounting
and reporting of Retirement Plan funds;
3. To maintain such records as are necessary for actuarial evaluation
of the Retirement Plan, including investigations into the mortality,
service and compensation experience of its members and
beneficiaries;
4. To compile such other administrative or investment information as is
necessary for the management of the Retirement Plan;
5. To process, certify and/or respond to all correspondence, bills and
statements received by the Retirement Plan, as well as all
applications submitted to the Board for retirement benefits;
6. To establish and maintain communication with City departments and
other agencies of government as is necessary for the management
of the Retirement Plan, including preparing, filing and distributing
such reports and information as are required by law to be prepared,
filed or distributed on behalf of the Retirement Plan;
7. To determine all questions relating to and process all applications
for eligibility, participation and benefits;
8. To distribute at regular intervals to employees, a comprehensive
Summary Plan Description and periodic reports regarding the
financial and actuarial status of the Plan;
9. To retain and compensate such professional and technical
experience as is necessary to fulfill its fiduciary responsibilities;
10. To make recommendations to the City Manager regarding changes
in the provisions of the Plan;
11. To assure the prompt deposit of all member contributions, City
contributions, Chapter 185 monies, and investment earnings;
12. To establish a uniform set of rules and regulations for the
management of the Trust;
13. To take such other action as the Trustees shall deem, in their sole
and exclusive discretion, as being necessary for the efficient
management of the Plan.
L. The Board shall have the authority to retain its own legal counsel,
accountants, actuaries and other professional advisors to assist the Board
in the performance of its duties. The Board may act without independent
investigation upon the professional advice of the advisors so retained.
M. The Board is authorized to prosecute or defend actions, claims or
proceedings of any nature or kind for the protection of the Fund assets or
for the protection of the Board in the performance of its duties.
N. Neither the Board nor any of its individual members shall have any
personal liability for any action taken in good faith. The Trustees
individually and the Board as a whole shall be entitled to the protections in
Section 768.28, Fla. Stat. The Trustees shall also be authorized to
purchase from the assets of the Fund, errors and omission insurance to
protect the Trustees in the performance of their duties. Such insurance
shall not provide protection against a Trustee's fraud, intentional
misrepresentation, willful misconduct or gross negligence.
O. No Trustee shall be responsible at his or her own expense, to take legal
action to correct the misconduct of any other member of the Board of
Trustees. A Trustee shall have an affirmative obligation, however,
to publicly reveal any misfeasance, malfeasance or nonfeasance by a co-
Trustee, and upon making such revelation in a public meeting, shall be
relieved further individual responsibility of the actions of that co-Trustee.
SECTION . CONTRIBUTIONS.
A. The City shall pick-up, rather than deduct from each member's pay,
beginning with the date of employment, six and three tenths (6.3%)percent
of the member's earnable compensation. The monies so picked-up shall
be deposited in the Fund immediately after each pay period. An account
record shall be maintained continuously for each member. Pick-up
contributions shall continue until death, disability or termination of service,
whichever shall occur first. Contributions shall remain in the Fund unless
withdrawn as provided in the Plan. No member shall have the option to
choose to receive the contributed amounts directly instead of having them
paid by the City directly to the Plan. All such pick-up contributions by the
City shall be deemed and be considered as part of the member's
accumulated contributions and subject to all provisions of the Plan
pertaining to accumulated contributions of members. The intent of this
provision is to comply with Section 414(h)(2) of the Internal Revenue Code.
For the purpose of accruing and calculating pension benefits, and for all
other purposes of calculating wage related benefits and calculations, the
amounts picked up under this section shall be considered part of the
earnable compensation of a member.
B. All benefits payable under this Plan are in lieu of a refund of accumulated
contributions. In any event, however, each member shall be guaranteed
the payment of benefits at least equal in total amount to the member's
accumulated contributions.
C. Any monies received or receivable by reason of the laws of the State of
Florida for the express purpose of funding or paying for retirement benefits
for police officers shall be deposited into the Fund within five {5} business
days of receipt by the City. State monies shall be used as prescribed by
law.
D. The City shall make such contribution under the Florida Protection of
Public Employee Retirement Benefits Act and Chapter 185, Florida
Statutes, which together with contributions picked-up on behalf of
members, Plan eamings and state insurance premium tax rebates, will
maintain the Fund on a sound actuarial basis, as determined by the Board
in conjunction with its actuary. The City's contributions shall be deposited
at least quarterly.
E. Expenses, charges and fees attributable to the management of the Plan
shall be paid from the Fund.
F. The City shall have no right, title or interest in the Fund or in any part
thereof, and no contribution made thereto shall revert to the City, except
such part of the Fund, if any, which remains therein after the satisfaction of
all liabilities to persons entitled to benefits under the Plan.
SECTION . FUND MANAGEMENT AND INVESTMENTS.
A. The Plan is hereby established, pursuant to authority granted in the City
Charter, as an irrevocable trust fund into which shall be deposited all of the
assets of the Plan of every kind and description.
B. The actual custody and supervision of the Fund shall be vested in the
Board. All assets of the Plan may be commingled, provided that accurate
records are maintained at all times reflecting the financial composition of
the Fund, including accurate accounts regarding the following:
1. Current amounts of accumulated contributions of members, both on
an individual and aggregate basis;
2. Receipts and disbursements;
3. Benefits payments;
4. All contributions from the City;
5. All contributions from the State of Florida pursuant to Chapter 185;
6. All interest, dividends, gains and losses from investment;
7. Such other entries as may be required for a clear, complete financial
report of the status of the Fund.
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 placed 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:
1. Bonds, notes, or other obligations of the United States or any of its
agencies, or those guaranteed by the United States or for which the
credit of the United States is pledged for the payment of the
principal and interest or dividends thereof;
2. Accounts or certificates of deposit in any bank or other financial
institution incorporated under the laws of the State of Florida, or any
national bank organized under the laws of the United States, or
authorized to do business and situated in the State of Florida, to the
extent that such certificates of deposit are secured by the deposits
of securities of the United States government;
3. Notes secured by first mortgages on real property insured or
guaranteed by the Federal Housing Administration or the Veterans
Administration;
4. Interest-bearing obligations with a fixed maturity of any corporation
organized under the laws of the United States, any state or
organized territory of the United States and the District of Columbia;
provided that such obligations are rated by at least two (2) nationally
recognized ratings services in anyone of the four highest
classifications approved by the Comptroller of the Currency for the
investment of funds of national banks or, if only one nationally
recognized ratings service shall rate such obligations, such ratings
service must have rated such obligation in anyone of the four
highest rating classifications as set forth in this subsection;
5. Bonds issued by the State of Israel;
6. Real estate, which may be in the form of commingled ownership
and financial institutional futures, listed options, stock index futures,
which may be used under specific instruction of mangers;
7. Common stock, preferred stock and interest- bearing obligations of
domestic corporations having an option to convert into common
stock issued by a corporation organized under the laws of the
United States, any state or organized territory of the United States
or any state or organized territory of the United States and the
District of Columbia.
8. Index funds and collective investment funds.
9. Foreign securities, not to exceed ten (10%) percent of the portfolio
at cost.
10. Any other investment permitted by law.
D.
The Board may determine the percentage of each type of investment to be
held.
E.
The Board shall be authorized to retain one of more money managers for
the management of property held in the Plan, and the Board shall convey
property of the Plan to such money managers for investment and
reinvestment in accordance with the terms of this Ordinance and the
investment policies established by the Board. Any such money manager
contracting with the Board for the investment of its assets shall be deemed
a fiduciary of the Plan.
F.
The Board shall have a continuing duty to observe and evaluate the
performance of any money manager retained by the Board. The Board
shall, in selecting a money manager or other investment counsel, exercise
all judgment and care in the circumstances then prevailing which persons
of prudence, discretion and intelligence exercise in the management of
their own affairs.
G. The Board shall require that any money manager or other agent who has
custody or control of any property of the Plan to keep accurate and
detailed accounts of all investments, receipts, disbursements and other
transactions pertaining to such Trust property, and the Board shall further
require that all accounts, books and records pertaining thereto be open for
inspecting and audit at all reasonable times by the City, the Board or the
designees.
H. The Board shall also keep accurate and detailed accounts of all
investments, receipts, disbursements or other transactions pertaining to
the Trust property and all accounts, books and records pertaining thereto
shall be open to inspection and audit at all reasonable times by the City or
its designees.
SECTION . SERVICE RETIREMENT BENEFIT.
A. A member may retire on the first day of the month coincident with or next
following the earlier of: the date upon which the member completes
twenty-five (25) years of credited service, regardless of age; or the date
upon which the member attains age fifty-five (55) with ten (10) years of
credited service. There shall be no mandatory retirement age.
B. A normal retirement benefit shall be determined by multiplying three (3%)
percent of final monthly compensation by the number of years of credited
service to a maximum of eighty percent (80%) for the first forty (40) years
of service. For all subsequent years of service, the normal retirement
benefit shall be determined by multiplying two (2%) percent of final monthly
compensation by each year in excess of forty (40) years of service.
C. A service retirement benefit shall be payable on the first day of each
month. The benefit shall commence on the first day of the month
coincident with or next following the member's actual retirement and shall
continue until the death of the member. In the event that a member shall
retire in the middle of the month, the retirement benefit shall commence on
the first day of the following month, but the member shall receive credit for
the partial month preceding the actual date that payment commenced.
D. Early retirement shall be available to a member on the first day of the
month coincident with or next following attainment of age forty-five (45) and
a completion of ten (10) years of credited service.
E.
A member electing early retirement may receive either a deferred payment
or an immediate payment under the following formula:
1. A deferred payment shall commence on the normal retirement date
of the member. This shall mean the date upon which the member
attains age fifty-five (55) with ten (10) years of credited service. A
deferred payment shall be determined in the same manner as a
normal retirement, except that final monthly compensation and
credited service shall be based upon the early retirement date.
2. An immediate retirement benefit may commence on the first day of
the month coincident with or next following the date of early
retirement. The benefit shall be determined for normal retirement
and then actuarially reduced for the number of actual years and
months at which the starting date of the benefit precedes the normal
retirement date. The normal retirement date shall be the date upon
which the member would have attained age fifty-five (55) with ten
(10) years of credited service. The actuarial reduction factor applied
to the benefit shall be three (3%) percent for each year by which the
starting date of the benefit precedes the normal retirement date.
F. The payment of the early retirement income shall be subject to the same
conditions as normal retirement income.
G. In the event a member elects early retirement, the benefit formula in effect
on the early retirement date shall be applicable to the member.
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.
1. Life Annuity.
A member may elect to receive an enhanced annuity payable for
life. There shall be no guaranteed payment in excess of the
accumulated contributions of the member, which contributions shall
be paid to the member's estate or designated beneficiary should the
member die prior to receiving payments equal to said contributions.
2. Joint and Last Survivor Option.
A member may elect to receive an actuarially reduced benefit for life
and to have the benefit (or a 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, but need not be the spouse of the member. In the event
that the designated survivor dies, or in the case of a spouse, the
marriage is dissolved, before the member's benefit payments begin,
this option shall be canceled automatically and a retirement income
shall be payable to the member as if the election had never been
made. A member may, at that time, elect an unreduced life annuity
or a ten (10) year certain and life thereafter benefit.
3. Ten (10) Year Certain and Life Thereafter.
A member may elect to receive an unreduced life annuity with one
hundred twenty (120) guaranteed payments. If the member shall
die prior to receiving one hundred twenty (120) payments, the
remaining benefits shall be paid to the beneficiary designated by the
member. In the event that no beneficiary has been designated, the
member's estate shall be the recipient of the remaining balance of
payments. This shall be the normal form of retirement.
4. Other Options.
The Retirees may, by uniform rule, establish any other optional form
of payment, which is the actuarial equivalent of any other form of
retirement provided for in this Plan, or which optional form of
payment is cost neutral to the Plan. An interest only option or an
option providing guaranteed payments over a period in excess of
twenty (20) years or beyond age eighty-five (85) may not be offered.
The Board, in its sole discretion, may make a lump sum distribution
which is the actuarial equivalent of the monthly benefit if the lump
sum is not greater than $1,750.
5. Designated Beneficiary.
Upon failure of a member to designate a beneficiary, any monies
owed to the member shall be paid to the member's estate. Any
member may designate a choice of one or more persons, named
sequentially or jointly, as his or her beneficiary or beneficiaries.
SECTION_, BUY-BACK FOR MILITARY 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 vested, shall be entitled
to purchase 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
based on the salary in effect on the date of the leave of absence, for each
year being purchased; except to the extent that state or federal law 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.
B. A member who is receiving, or will receive the pension benefrt for military
service in any other pension plan supported by public funds, excluding a
military pension, may not use that service for this pension plan. A member
who is receiving, or will receive any other pension in which time served in
the military was used by the employee in that other pension plan shall not
be eligible for military buy-back as provided in this section.
C. The contribution for military buy-back required of the employee may be
made in one lump sum or may be made by payroll deductions in
installments for a period of time which shall not exceed the number of
years being purchased. 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 military credit for the
remaining period for which payments were not made. An employee
making installment payments shall pay interest at a uniform rate as
determined by the Board.
SECTION , DISABILITY.
A. A member shall be disabled under the terms of the Plan if the member has
suffered an illness, injury or disease which renders the member
permanently and totally incapacitated, physically or mentally, from regular
and continuous duty as police officer. Disability shall not be determined
based solely on the fact that a member cannot perform all of the duties of a
police officer as set forth in the job description. The definition of disability
shall be applied to an individual who because of illness, injury, or disease,
cannot perform any job in the police department which is within the
member's physical or mental capabilities and further provided that a
vacancy exists which will be made available by the City. The City shall be
required to accommodate disabled workers in accordance with state and
federal law and shall not withhold assignment to vacant positions on the
basis that a member is not capable of performing all of the tasks of a police
officer. A disability benefit cannot be based on a condition which pre-
existed membership in the Plan unless the cause of the disability would
reasonably be expected to give rise to a disability in a person without the
pre-existing condition.
B. A member shall be eligible for a service-incurred disability retirement from
the entry date into the Plan. A service-incurred disability retirement shall
mean that the disability arose as a result of an act occurring, or presumed
by law to have occurred, in the performance of service with the City.
C. A member shall be eligible for a non-service incurred disability retirement
upon the completion of ten (10) years of credited service. A non-service
incurred disability shall be an illness, injury, or disease, which did not occur
as a result of an act in the performance of service with the City.
D. The service-incurred disability benefit shall be paid in equal monthly
installments in an amount equal to the member's accrued benefit, but not
less than forty-two (42%) percent of the member's final monthly
compensation as of the date of disability retirement. This benefit shall be
in addition to any short or long term disability benefit provided by the City;
but, shall be subject to offset for workers' compensation paid by the City as
permitted by law.
E. The non-service incurred disability benefit shall be paid on a monthly basis
in an amount equal to three (3%) percent of final monthly compensation
multiplied by the number of years of credited service, but shall not be less
than thirty (30%) percent of average monthly compensation. For the
purposes of a non-service incurred disability benefit, final monthly
compensation shall be determined as of the last day the member was
actively at work for the City.
F.
Disability benefits shall be paid on the first day of each month. No benefit
shall be paid until the Board of Trustees has actually considered and voted
upon entitlement to disability.
G.
Disability retirement income shall continue until the death of the member,
or recovery from disability and return to active police service. In the event
of the death of a member who is retired on a disability benefit and has not
received one hundred twenty (120) payments, the remaining unpaid
benefits shall be paid to a designated beneficiary selected by the member
and communicated to the Board on the form prescribed by the Board. In
the event that there is no designated beneficiary, the remaining unpaid
benefits shall be paid to the estate of the deceased member.
H.
The Board of Trustees shall have the continuing right to require disabled
members to submit to a medical examination to determine that the member
remains disabled. In order for a member to be deemed recovered, the
medical board must recommend to the Board of Trustees that the member
has sufficiently recovered to again engage in the duties of a police officer
and that the City has certified that it has a position within the police
department available for the member consistent with the member's medical
condition. The decision by the Board to examine some but not all disability
retirees shall not be deemed an abuse of the Board's discretion.
I.
Upon finding that a member is no longer disabled, the member shall return
to work at the same rank and position previously occupied and shall be
placed into the appropriate pay rate based on cost of living (COLA)and
merit increases which the member would have received but for the
disability, as determined by the City Manager. The member shall again
become an active member of the Plan if reemployment is accepted. There
shall be no creditable service for any period of time in which the member
was receiving disability benefits from the Plan. If the member declines
reemployment with the City, the member shall be deemed to have
terminated employment on the date that the disability commenced. In such
event, the member may receive a return of contributions unless, prior to
that date, the member has received disability benefits equal to or greater
than the amount of the accumulated contributions. If the member declines
re-employment within the City, the member shall be deemed to have
terminated employment on the date that the disability benefit commenced.
J.
No member shall be eligible to receive disability benefits from the
retirement plan during any period of time that the member is receiving a
salary from the City. This section shall not apply to the receipt of worker's
compensation benefits.
K.
Application for disability retirement shall be made on a form prescribed by
the Board of Trustees. The member shall execute such medical releases
as are necessary to permit the Board of Trustees to review the medical
records needed to determine the question of disability and to discuss said
records at a public meeting. Upon receipt of an application for disability,
the Board shall appoint a medical committee to be composed of not less
than one nor more than three licensed physicians. The applicant for
disability shall be required to submit to examination by the medical
committee. The medical committee shall report its findings to the Board of
the Trustees which shall include a determination, to the extent reasonably
possible, the origin of the disability, whether the disability is permanent,
and whether the disability is total. In making that determination, the
medical committee shall be bound by the definition of disability set forth in
this Plan.
L.
Upon receipt of the report of the medical committee, the Trustees shall
schedule a public hearing at which time the Board shall review all reports
of the medical committee, together with any such documentary evidence
as the applicant may wish to submit. The Board shall conduct a
preliminary determination as to whether the member is permanently and
totally disabled based upon the written documentation presented. If the
Board does not grant the application based on the written documentation, it
shall inform the member in writing of the reasons for the denial of the
application. The member may, within thirty (30) days of receipt of the
Board's preliminary denial, request a full evidentiary hearing before the
Board. Said hearing will be conducted consistent with the principles of due
process and the rules of evidence generally applicable to administrative
proceedings shall apply. The Board shall have the power to issue
subpoenas compelling the attendance of witnesses. At said hearing the
applicant may present such oral and written evidence as the applicant
deems necessary to establish its burden of proof. The Board may appoint
special counsel as an advocate to cross-examine witnesses and to offer
argument in opposition to the application. The attorney for the Board shall
not serve both as advocate and as advisor to the Board in the same
proceeding. The applicant and the Board shall have the right to examine
and cross-examine all witnesses. The decision of the Board shall be
based solely upon the evidence presented and the law applicable to this
Plan. Following the conclusion of the hearing, the Board shall render an
opinion in writing setting forth the reasons for the grant or denial of the
benefit. In the event that the disability benefit is denied, the applicant shall
have the right to judicial review by complaint for common law certiorari in
the Circuit Court of Miami-Dade County.
M. The Board of Trustees may prescribe rules of procedure to implement the
provisions of this Plan relating to the conduct of disability hearings. The
Board shall prescribe rules to preserve the medical privacy rights of
applicants to the extent permitted by law.
N. No member shall be granted a disability pension upon a determination by
the Board that the disability resulted from:
1. Excessive and habitual use of drugs, intoxicants or narcotics;
2. Injury or disease sustained while wilfully and illegally participating in
fights, riots, civil insurrections or while committing a crime;
3. Injury or disease arising from service in the armed forces;
4. Injury or disease sustained after employment as a police officer has
ended;
5. Any occurrence arising from compensable employment unrelated to
regular City employment.
SECTION _' VESTING AND TERMINATION.
A. Except as otherwise provided in this section, all rights to benefits under this
Plan shall terminate when a member's employment terminates for any
reason other than normal service retirement, early service retirement, or
disability retirement. Any member who completes ten (10) years of
credited service and whose contributions remain in the Plan has a vested
right to accrued benefits from the Plan. No member who has completed
less than ten (10) years of credited service shall have a vested interest in
any accrued benefit.
B. A member who shall leave the service of the City prior to eligibility for
normal service retirement or early service retirement, but who has
completed ten (10) years of creditable service shall be entitled to receive
retirement benefits commencing at the regular normal service retirement
date. Such benefits will be based on final monthly compensation and
credited service as of the date of termination.
C. Every member shall have the right to elect to receive, in lieu of all benefits
under the Plan, a retum of the member's accumulated contributions, with
simple interest at the rate of three percent (3%).
D.
A member who elects a lump sum return of contributions releases and
discharges the City and the Retirement Plan from the right to any other
benefits from the Plan. A member who terminates service prior to
achieving a vested interest in the Plan shall have the right to receive a
refund of accumulated employee contributions, with simple interest at the
rate of three (3%) percent.
E.
If a member who has terminated service prior to retirement re-enters the
police department, the member will be entitled to reinstate the credited
service that the member had on the date of termination in lieu of the
benefits to which the member became entitled at time of separation. If, at
the time of separation, the member withdrew the member's accumulated
contributions, credited service can only be restored by repaying to the
pension plan an amount equal to the accumulated contributions plus
interest at the assumed rate of investment return from the date the
contributions were withdrawn.
SECTION _" DEATH BENEFITS.
A. In the event of a member's death in the line of duty, the benefit, which shall
be payable commencing on the first day of the month coincident with or
next following the death of the member, shall be the greater of thirty (30%)
percent of the member's compensation at the time of death or the
member's accrued benefit.
B. In the event of the death of a member from non-duty related causes prior
to the time of eligibility for early or normal retirement, the member's
designated beneficiary shall be paid from the Fund an amount equal to the
member's accumulated contributions. In the event of the death of a
member who has completed ten (10) or more years of credited service,
the member's designated beneficiaries shall be entitled to the benefits
otherwise payable at the early or normal retirement date.
C. In the event of the death of a retiree, death benefits, if any, shall be paid in
accordance with the optional form of benefit chosen at the time of
retirement.
SECTION . COMPLIANCE WITH THE INTERNAL REVENUE CODE.
A. It is the intention of the City and of the Board that the Plan remain at all
times a qualified plan, as that term is defined under the Internal Revenue
Code.
B. No member's annual benefit shall exceed the amounts permitted in Section
415 of the Intemal Revenue Code.
C. In no event may a member's retirement benefit be delayed beyond the
later of April 1 st following the calendar year in which the member attains
age seventy and one-half (70-1/2), or such later date as may be set by
terms of the Internal Revenue Code, or April 1 st of the year following the
calendar year in which the member retires.
When a distribution of the participant's entire interest is not made in a lump
sum, the distribution will be made in or more of the following ways: over
the life of the participant; over the life of the participant and designated
beneficiary; over a period certain not extending beyond the life expectancy
of the participant; or over a period certain not extending beyond the joint
life and last survivor expectancy of the participant and a designated
beneficiary.
D. If the distribution has commenced before the participant's death, the
remaining interest will be distributed at least as rapidly as under the
method of distribution being used as of the date of the participant's death.
The method of distribution, if the participant dies before distribution is
commenced, must satisfy the following requirements:
1. Any remaining portion of the participant's interest that is not payable
to a beneficiary designated by the participant will be distributed
within five (5) years after the participant's death;
2. Any portion of the participant's interest that is payable to a
beneficiary designated by the participant will be distributed either:
(I) within five (5) years after the participant's death; or (ii) over the
life of the beneficiary, or over a period certain not extending beyond
the life expectancy of the beneficiary, commencing not later than the
end of the calendar year following the calendar year in which the
participant died (or, if a designated beneficiary is the participant's
surviving spouse, commencing not later than the end of the
calendar year following the calendar year in which the participant
would have attained age seventy and one-half (70-1/2)).
E.
Direct transfers of eligible distributions shall be made as follows:
1 . General.
Notwithstanding any provision of the Plan to the contrary that would
otherwise limit a distributee's election under this subsection, a
distributee may elect, at the time and in the manner prescribed by
the Board, to have any portion of an eligible rollover distribution
made directly to an eligible retirement plan specified by the
distributee in a direct rollover.
2. Definitions.
(a) Eligible Rollover Distribution. An Eligible Rollover Distribution
is any distribution of all or any portion of the balance to the
credit of a distributee, except that an eligible rollover
distribution does not include: any distribution that is one (1)
of a series of a substantially equal periodic payments (not
less frequently than annually) made for the life (or life
expectancy) of the distributee or the joint lives (or joint life
expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10)
years or more; any distribution to the extent such distribution
is required under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable
in gross income.
(b) Eligible Retirement Plan. An Eligible Retirement Plan is an
individual retirement account described in Section 408(a) of
the Internal Revenue Code, an Individual Retirement Annuity
described in Section 408(b) of the Internal Revenue Code, an
Annuity Plan described in Section 403(a) of the Internal
Revenue Code, a plan described in Section 457 of the
Internal revenue Code, or a Qualified Trust described in
Section 401 (a) of the Internal Revenue Code that accepts a
distributee's eligible rollover distribution. However, in the
case of an eligible rollover distribution to a surviving spouse,
an eligible retirement plan is an individual retirement account
or individual retirement annuity.
(c) Distributee. A Distributee includes an employee or former
employee. In addition, the employee's or former employee's
surviving spouse is a distributee with regard to the interest of
the spouse.
(d) Direct Rollover. A Direct Rollover is a payment by the Plan to
the eligible retirement plan specified by the distributee.
SECTION AMENDMENT OR TERMINATION OF THE SYSTEM.
A. It is the intention of the City and the Board that this pension plan shall
constitute an irrevocable trust and no portion of the assets may revert to
the employer until all other obligations of the Plan, including the payment to
the last surviving member and beneficiary has been paid. No amendment
shall result in members receiving lower benefits than those in effect on the
date the member commenced service with the City.
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.
In the event that the Plan is terminated, the assets of the Plan shall first be
distributed to retired members and their beneficiaries. If there is any asset
value remaining after the apportionment to retired members and their
beneficiaries, apportionment shall next be made to each member in the
service who has completed at least ten (10) years of credited service and
has contributed to the fund for at least ten (10) years and who is not
otherwise eligible to retire. If there is any asset value after the
apportionments to retirees and their beneficiaries and to vested 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 any asset value
remaining after full 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 Plan.
SECTION . DISTRIBUTION OF MARITAL INTERESTS IN THE PLAN.
A. In the event that the Board is served with a domestic relations order or
other legal process purporting to require the payment of any portion of a
member's benefit to another person as a result of a dissolution of marriage,
the Board shall cause such order to be reviewed to determine compliance
with the provisions of the Plan.
B. The Board of Trustees shall be authorized to intervene in any such
dissolution of marriage proceeding to ensure that such domestic relations
order is otherwise consistent with the distribution of an interest in a public
employees retirement plan under state law.
C. Any cost associated with the modification or correction of such domestic
relations orders shall be the responsibility of the Plan member and
payment of any such cost shall be a condition precedent to the receipt of
benefits from the plan.
SECTION . 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.
B. The Board shall have the power to examine into the facts upon which any
pension has been granted under any prior or existing law or which may be
granted in the future or obtained erroneously, fraudulently, or illegally for
any reason. The Board is empowered to purge the pension rolls of any
person who has been granted a pension under a prior or existing law, or
who is hereafter granted a benefit under this ordinance if the granting of
that pension is found to be erroneous, fraudulent, or illegal for any reason;
and to reclassify any pensioner who has under any prior or existing law or
who may under this Ordinance be erroneously, improperly or illegally
classified.
C. Should any change or error in retirement system records be discovered or
result in any member or beneficiary receiving from the Retirement Plan
more or less than he or she would have been entitled to receive had the
records been correct, the Board shall have the power to correct such error
and, as far as possible, adjust the payments in such a manner that the
actuarial equivalent of a benefit to which such member or beneficiary was
correctly entitled shall be paid.
D. If any member or beneficiary is a minor or is under any other legal
disability, the Board of Trustees shall have the power to withhold payment
of benefits until the Board is presented with proof satisfactory to the Board
of the appointment of a guardian. If the Board becomes aware that any
member or beneficiary is incapable of personally receiving and giving a
valid receipt for any payment due under the Plan, the Board shall cause
notice to be given to that participant or beneficiary of a hearing to
determine whether said benefits should continue to be paid until the
appointment of a guardian. During the pendency of any such hearing,
however, the Board may continue to pay benefits to the member or
beneficiary and that such payment shall be a complete discharge of any
liability under the Plan for such payment.
E. Any person who willfully and knowingly makes, or causes to be made, or
assists, conspires with, urges another to make, or causes to be made, any
fraudulent, or misleading oral or written statement or withholds or conceals
material information to obtain any benefit available under this plan shall be
guilty of a misdemeanor of the first degree, punishable under sections
775.082 and 775.083, Florida Statutes. In addition to any applicable
criminal penalty, any beneficiary or participant in this plan who is convicted
of this offense may, in the discretion of the Board, be required to forfeit any
benefits payable under this plan. For the purposes of this section, the term
"conviction" shall mean a determination of guilt whether by plea or trial,
whether or not adjudication is withheld.
SECTIONS . RESERVED.
Section 2. The City contribution, effective October 1, 2003 shall be fourteen and
one-half (14.5%) percent of covered payroll. The employee contribution rate shall be six
and three tenths (6.3%) percent. The assumed rate of Chapter 185 insurance premium
tax rebates shall be five (5%) percent of covered payroll. Future contribution increases
or decreases in the plan shall be shared equally between the employees and the City
through September 30, 2005.
Section 3. Employees hired as a City of Aventura police officer prior to October 1,
2000 shall be eligible to receive credited service from the initial date of employment as a
police officer provided the member transfers all funds from the city 401(a)plan to the
defined benefit plan effective October 1, 2003. The City shall make no further
contributions to the 401 (a) plan. Employees hired as a City of Aventura police officer
after October 1, 2000 shall receive credited service effective October 1, 2003 and shall
retain all balances to their credit in the 401 (a) plan; provided, however, that the City shall
make no further contributions to the 401(a) plan. Employees hired as a City of Aventura
Police Officer on or after October 1, 2000 shall continue
to accrue vesting rights in the 401(a), but the City shall make no additional contributions.
Section 4. Should this ordinance or any part thereof be declared invalid by a
Court of competent jurisdiction, the invalidity of any part of this ordinance shall not
otherwise affect the validity of the remaining provisions of this ordinance, which shall be
deemed to have been enacted without the invalid provision.
Section 5. It is the intention of the City Commission of the City of Aventura that
the provisions of this ordinance shall become and be made a part of the Code of the City
of Aventura, and that the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions.
Section 6. This ordinance shall become effective immediately upon its passage.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Ken Cohen yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Manny Grossman yes
Vice Mayor Jay R. Beskin yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 6th day of January, 2004.
PASSED AND ADOPTED on second reading this 3rd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission (ACES Board of D'
FROM: Eric M. Soroka, ICMA.CM, Cit
DATE: December15,2003
SUBJECT: Ordinance Amending 2003/04 Charter School Fund Budget
1st Reading January 6,2004 City Commission Meeting Agenda Item f{-(]"
2nd Reading February3, 2004 City Commission Meeting Agenda Item 'is -0
RECOMMENDATION
It is recommended that the City Commission, acting as the ACES Board of Directors,
approve the attached Ordinance amending the 2003/04 FY Charter School Budget.
BACKGROUND
The following budget amendments which total $87,604 are recommended in order to
address operational needs of the school. The additional revenues obtained through
fund raising activities will be allocated to specific enhancements outlined in the
expenditure section.
REVENUES
1. School Lunch Reimbursed - Free / Reduced - Increase by $50,000 to reflect
revenues to reimburse school for students qualifying for the free or reduced
lunch program.
2. Miscellaneous Revenues - Increase by $37,604 to reflect fund raising
activities.
EXPENDITURES
1. Contract - Food Services - Increase by $50,000 to reflect projected cost
reimbursement for free and reduced lunches.
2. Janitor Contract - Building Maintenance - Increase by a net $5,000. Deleted
private contract costs of janitor and added as a full-time City employee to
Memo to City Commission
Page 2
address operational needs of the school and additional costs associated with
floor maintenance.
3. Substitute Teachers - Increase by $1,804 to properly reflect part-time
substitute teachers as employees provided by Charter Schools USA rather
than professional contractual services.
4. Enhancements - Added five part-time paraprofessionals to assist each
kindergarten class teacher ($27,000) for the remainder of the school year and
purchased Accelerated Reader Program for all classes ($3,800).
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01274-03
ORDINANCE NO. 2004"_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-06, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30)
BY REVISING THE 2003/2004 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "An ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura Charter Elementary School and upon the recommendations of the City
Manager (and the concurrence of the Finance Support Services Director as to
Accounting Principles), it is deemed necessary to adjust, amend and implement the
2003/2004 Operating and Capital Budget of the Aventura Charter Elementary School
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2003-06, which Ordinance adopted a budget for the 2003/2004 fiscal
year for the Aventura Charter Elementary School by revising the 2003/2004 budget as
Ordinance No. 2004-_
Page 2
set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference
as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Grossman, who moved
its adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Ken Cohen yes
Commissioner Bob Diamond yes
Commissioner Harry Holzberg yes
Commissioner Manny Grossman yes
Vice Mayor Jay R. Beskin yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
2
Ordinance No. 2004-_
Page 3
PASSED AND ADOPTED on first reading this 6th day of January, 2004.
PASSED AND ADOPTED on second reading this 3'd day of February, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
EXHIBIT A
";..
OBJEC~ .:'. .
:CODE:'CATEGORY ..
Revenues
Budget Amendments
CHARTER SCHOOL FUND 190
.:: 2003104
. ADOPTED
BUDGET
.. 2003/04.
. . . 'AMENDED '
AMOUNT
State Shared Revenues:
335905 Sch Lunch Reimb.Free/Reduced
SUBTOTAL
Misc. Revenues:
Misc. Revenues:
SUBTOTAL
Total Revenues
Total Amendments-Revenues
Expenditures
1240
5411
5411
1220
3190
1260
3431
4620
Para.Professional - PIT(5)
Textbooks
SUBTOTAL
Textbooks
SUBTOTAL
10,000
10,000
10,000
50,000
50,000
37,604
37,604
87,604
$ .87604
' ,
K-3 Basic 5101
110,000
110,000
27,000
1,900
28,900
4-8 Basic 5102
116,000
116,000
1,900
1,900
Substitute Teachers 5901
Teacher - PIT
Prof & Tech Services
SUBTOTAL
Janitor
Contract. Food Services
Contract. Building maintenance
SUBTOTAL
TOTAL
Total Amendments-Expenditures
14,196
14,196
16,000
(14,196)
1,804
Operation of Plant 7900
19,000
50,000
(14,000)
55,000
74,000
74,000
2003io4
, REVISED
. BUDGET
50,000
50,000
47,604
47,604
97,604
27,000
111,900
138,900
117,900
117,900
16,000
16,000
19,000
50,000
60,000
129,000
EXHIBIT A
2003/04 Adopted 2003/04 Amended
Function Job Class Full Time Part Time Full Time Part Time
5101 Teacher 20.00 20.00
Para-Professionals 5.00
5102 Teacher 11.00 11.00
5250 Teacher 4.00 4.00
5901 Substitute Teacher 2.00 2.00
6200 Media Specialist 1.00 1.00
7300 Principal 1.00 1.00
Assistant Principal 1.00 1.00
Business Manager 1.00 1.00
Administrative Assistant 1.00 1.00
Receptionist 1.00 1.00
Registar/Compliance 1.00 1.00
Computer NetworklTech 1.00 1.00
7900 Cafeteria Manager 1.00 1.00
Janitor 1.00
9102 prr Teacher 1.00 1.00
Site Coordinator 1.00 1.00
prr After School Coun5elor I 4.00 4.00
prr After School Counselor II 4.00 4.00.
prr School Aides 2.00 2.00
Total 47.00 11.00 48.00 16.00
ihe :!filamtHeratb
mmII
Published Dallv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a dally newspaper at Miami in Dade
county, Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of :
Miami Herald, local section Saturday, January 24th, 2004.
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the sald newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mall matter at the post office in Miami, in sald Dade
County, Florida, for a period of one year next preceding the rust publication of
the attached copy of advertisement.
~ =.--c--
h~__/ .~
/ /.........- -l..p::J I __
FRANK TOMASINO
Sworn to and subscribed before me
This .J 1 day of ~~..A...-<-1
J- . J
~"I ~<- iLvv-v" ~
Lisa Ann Hernandez
A.D. 2004
"
....~~v~::~ Lisa Ann Hernandez
fi.~.r.nmml""'" D1)000617
=:.~ ,5 RxpIroa PIIb. 11,2005
-:,.... .. ft.-.a...I Thru
....~';; -
~fil AIIantla BoodIng 00. Ine.
900 West 49th Streer, Suire 500, Hialeah, Florida 33012
>KN1GHTRIDDER)
CITY OF A VENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY AND NOTICE OF
AMENDMENT OF THE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local
Planning Agency will meet in a public hearing on
Tuesday, February 3. 2004 at 6:00 p.m. to consider
adoption of the following ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31.241
ENTITLED "WIRELESS TELECOMMUr ,/CATIONS
TOWERS AND ANTENNAS" BY AMENDING
SECTION 31.241 (a) PROVIDING FOR PURPOSE;
SECTION 31.241 (b) PROVIDING FOR
DEFINITIONS; SECTION 31.241 (e) PROVIDING
FOR APPLICABILITY; SECTION 31-241(d)
PROVIDING FOR GENERAL REQUIREMENTS AND
MINIMUM STANDARDS; SECTION 31.241 (e)
PROVIDING FOR PERMITTED USES ON PUBLIC
PROPERTY; SECTION 31-241 (I) PROVIDING FOR
PERMITTED USES ON PRIVATE PROPERTY;
SECTION 31.241 (g) PROVIDING FOR
CONDlTIDNAL USE; SECTION 31.241 (h)
PROVIDING FOR STANDARDS FOR BUILDINGS
OR OTHER EQUIPMENT FACILITIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
Immediately following the Local Planning Agency
meeting, the City Commission of the City of Aventura, as
the governing body, will consider at a public hearing, at
first reading, adoption of the above described ordinance.
The above described Public Hearing will be held
. commencing at 6:00 pm on Tuesday, February 3, 2004,
at City of Aventura Government Center, 19200 West
Country Club Drive, Aventura, Florida, 33180. The
proposed ordinance may be inspected by the public at
the office of the City Clerk, 19200 West Country Club
Drive, Aventura. Florida. Interested parties may appear
at the Public Hearing and be heard with respect to the
proposed Ordinance.
In accordance with the Americans with Disabilities Act
of 1990, all persons who are disabled and who need
special accommodations to participate in this
proceeding because of that disability should contact
the Office of the City Clerk, (305) 466.8901, not later
than two business days prior to such proceedings.
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency or as
the governing body, with respect to any matter
considered at a meeting or hearing, that person will
need a ree....rd of the proceedings and, for such
purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to
be based.
.,.
Teresa M. Soroka, CMC, City Clerk
,"'
~
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
BU?i::RVISOR, Legal NllilCeS of the Miami Daily 8usiness
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami.Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA. PUBLIC NOTICE OF PROPOSED
ORDINANCES. FEBRUARY 3, 2004
In the XXXX Court,
was published in said newspaper in the tssues of
01/09/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami.Dade
County, FlOrida and that the said newspaper has
heretofore been continuously published in said Miami.Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, 'ebate, com . sion or refund for the purpose
of securin is advert' men or publication in the said
Sworn to and subscribed before me this
09 frJL
(SEAL) ....__...,_...,.._._..__
~'f-,?-y, "(/ MARIA I. Ml::S,L\ I
O.V. FERBEYRE pe ~(z .I~O~ MlOCttilMMISS!ON " CC"c,i85640
; EXPIRES: rViarC:i ,t ::';104 I
State of Florida Bonded Thru Notary rul);!, LnJpnVfi!f'fS I
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. f'i' '~~/'.(~.:. ~'-';~"- -f ,_;' '~:Kf f.~>, ~ - -;" .. ,-~:~~:"t ~~'.:J.~f-'.'" .:~-{,;_.',:. ?f.:. ~
. ....,t~'; ~"'4" ,"'!~_,.., " "::'>:_,',''-',,'.;<-:' :>,,_:::,,:'C' '::-: '
~~~~:e~~~.~~
,held_ 6:00 p.m. in ,~, ~Cbarnberat "VfIiitura GOWiriinent,
g~200wiII~~~':~~~
second reading, entitIect '
ItN ~'QF THEeri:v'o,~YsnuitA,A.ORII)A;
AMENDING, THEaTYCODE'BY AMEM>tNGAR'nCLE VI
"LOBBYING," ,Aenv~.'.,OF ,..,CtfAPTER " ..~
"~TION," BY REPEAUNG ALL OF ARTICLE VI,
CONSISTING OF SECTION ~-371 THROUGH AND INClUD-
ING SECTION '/.--377.EXC&eT jfOR SECTION
"PENALTIES," AND AQOPJM. 4. ,~.A,
"LOBBYING A~"~'~OFz
"L~BYISTS" AND $EC11OI\~~' "
CH.YTER 2 "ADMINJSTflA.1'I()N, ~BY
2-11.1($}OF THE MlAMW)" , .
ING LOBBYING. AS MODt~.:PRQ ,FOR
RELATED FEES AND OTHERPRQVISIONS CONCERNING
LOBBYISTS; PROYt~FOR'SEV-=RABIUT)'; PROVIDING
FOR INCLUSION IN CODf;; PROVIDING FOR EFFECTIVE
DATE.,
..:r
AN OflDttfANCE OF THE CITY OF.AYEtn:URA. F!.ORIDA,
AMENDING THE ClTYC0D6.BY~ANEWPOLICE .
. PENSION PLAN. AND TRUST .RJNDjPROYlQltfG 'TERMS
, FOR IMPLEMENTATION: PRO~ FOR SEVIfWIH.n:Y;
PROVIDING FOR .CODIFICA1fON;PROVlDING AN EFFEC-
TIVE DATE. . .
"""
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