03-02-2004
Zev Auerbach
Jay R. Beslûn
Keu Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
A ~e City of
.n. ventura
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Citv MJIDIIRer
Eric M. Soroka
Ci(yrnmm'-lan
Jeffrey M. Perlow, Mayor
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Teresa M. Soroka, CMC
Ci(yA~
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
MARCH 2, 2004 6 PM
Government Center
19200 West Country Club Drive
A ventura. Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for DeletionslEmergency Additions
4. WNING 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:
February 3, 2004 Commission Meeting
February 19,2004 Workshop Meeting
B.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF NORTH MIAMI FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes City Manager to execute agreement with City of North
Miami for law enforcement mutual aid)
C.
Marh 2, 2004 CIIIIIIÏI8iœ MediDg
MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$48,000 FOR THE DIVE TEAM EQUIPMENT, SWAT TEAM
EQUIPMENT, BALLISTIC HELMETS AND BIKE
PATROL/STREET CRIMES UNIT EQUIPMENT FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
(Authorizes appropriation of police forfeiture funds for dive and swat
teams equipment, ballistic helmets, bike patrol/street crimes unit
equipment)
D.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Declares certain property surplus to the needs of the City and authorizes
disposal)
E.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DESIGNATING THE CITY-OWNED
PROPERTY LOCATED AT 18375 NE 31 AVENUE AS CITY OF
AVENTURA VETERANS PARK; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Designates name of park located at 18375 NE 31st Avenue as City of
Aventura Veterans Park)
F.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 04-02-13-2, YACHT CLUB WAY
DRAINAGE IMPROVEMENTS, TO DEVELOPMENT &
COMMUNICATION GROUP OF FLORIDA, INc. AT THE BID
PRICE OF $132,900.00. AUTHORIZING THE CITY MANAGER
TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for Yacht Club Way drainage improvements to
Development & Communication Group of Florida, Inc.)
2
G.
M11d12, 2004 CAIIIIIÎIIiOII MccâDg
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED
SAFE NEIGHBORHOOD PARKS DISCRETIONARY FUNDS
GRANT APPLICATION AS DESCRIBED IN EXHIBIT "A"
BETWEEN THE CITY OF A VENTURA AND MIAMI-DADE
COUNTY FOR A GRANT IN THE AMOUNT OF ONE MILLION
ONE HUNDRED THOUSAND DOLLARS ($1,100,000) FROM
THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS
BOND PROGRAM; AND 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 application for Safe Neighborhood
Parks Discretionary Fund Grant for expansion of Waterways Park)
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2003-12 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2003/2004 FISCAL YEAR BY REVISING THE 200312004 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES: SECOND READING
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
200212003 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
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
3
M11d12, 2004 CIIIIIIÏI8iœ t.&cIiaa
MINIMUM STANDARDS; SECTION 31-241(e) PROVIDING FOR
PERMITTED USES ON PUBLIC PROPERTY; SECTION 31-
241(t) 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.
C.
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.
9. RESOLUTION - PUBLIC HEARING: None
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
MARCH 25, 2004
10 A.M.
COMMISSION MEETING
APRIL 13, 2004
6 P.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all pe"ons 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, 305466-8901, not later than two days prior to such proceeding. One or more mernbeß 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 pmceedings is made, which record includes the testimony and evidence upon which the appeal is to be
hased. Agenda items may be viewed at the Office of the City Cleek, City of Aventum 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 305466-
8901.
4
A'!he City of
fi ventura
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'«j
MINUTES
CITY COMMISSION MEETING
FEBRUARY 3, 2004
Aventura Government Center
19200 W. Country Club Drive
Aventura. Flonda 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:15 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: Reverend Will Keyser led the pledge of allegiance.
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions: A motion was offered by
Commissioner Cohen, seconded by Commissioner Diamond and unanimously passed
that item 6D be moved to item 9.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-E from
the Consent Agenda. A motion to approve the remainder of the Consent Agenda
was offered by Commissioner Holzberg seconded by Commissioner Cohen,
unanimously passed and the following action was taken:
'.
A.
The minutes of the January 6, 2004 Commission Meeting, January 22,
2004 Special Meeting and January 22, 2004 Workshop Meeting were
approved.
B.
Resolution No. 2004-10 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 # 01-0103-040
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 OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
C.
Resolution No. 2004-11 was adopted as follows:
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.
F.
Resolution No. 2004-12 was adopted as follows:
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 THE NE 31sT
AVENUE PARK SITE; PROVIDING FOR RECORDATION; PROVIDING
AN EFFECTIVE DATE.
G.
Resolution No. 2004-13 was adopted as follows:
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.
H.
Resolution No. 2004-14 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.()103.()28
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.
The following item was removed from the Consent Agenda and addressed
separately:
E.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER
2
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.
A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Auerbach. The motion passed 6-1, with Vice
Mayor Beskin voting no, and Resolution No. 2004-15 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
Mr. Wolpin read the following ordinance by title:
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 "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.
A motion for approval was offered by Commissioner Holzberg, 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.
B.
Mr. Wolpin read the following ordinance by title:
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(1)
PROVIDING FOR PERMITTED USES ON PRIVATE PROPERTY;
3
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.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Diamond, 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 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 2-11.1{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 Cohen and seconded
by Commissioner Diamond. Mayor Perlow opened the public hearing.
The following individual addressed the Commission: Joseph Platnick.
There being no further speakers, the public hearing was closed. The
motion for approval passed 6-1 by roll call vote, with Commissioner
Auerbach voting no, and Ordinance No. 2004-03 was enacted.
B.
A motion to defer this matter to the March 2, 2004 Commission meeting
was offered by Commissioner Cohen, seconded by Commissioner
Diamond and unanimously passed.
C.
Mr. Wolpin read the following ordinance by title:
4
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 "AU 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 Cohen, and
seconded by Commissioner Auerbach. 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 and Ordinance
No. 2004-04 was enacted.
Mayor Perlow left the room at this time.
9. RESOLUTIONS: Mr. Wolpin read the following resolution by title:
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.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Holzberg. Vice Mayor Beskin suggested removal of provision in
paragraph 2 of the agreement that provides that the easement shall run with the
ownership of the property. The motion for approval passed unanimously, 6-0
and Resolution No. 2004-16 was adopted.
Mayor Perlow returned to the room at this time.
10.0THER BUSINESS: None.
11. PUBLIC COMMENTS: None.
5
12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:52 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 10 ensure Ihat a verbalim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR I
!
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I
LAST NAME-FIRST NAME-MIDDLE NAME NAME DF BDARD. COUNCIL. COMMISSION. AUTHDRIT'!. OR COMMITTEE
PERLOW, JEFFREY M. AVENTIJRA CITY COMMISSION
MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHDRITY OR COMMITTEE ON
19200 W. COUNTRY CLUB DRIVE WHICH I SERVE IS A UNIT OF
CITY COUNTY J!iJCITY 0 COUNTY 0 OTHER LOCAL AGENCY
A VENTURA MIAMI-DADE NAME OF POLITICAL SUBDIVISION.
CITY OF AVENTIJRA
DATE DN WHICH VOTE OCCURRED MY POSITION IS,
07-0'1-01. :xi ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 88
This form is lor use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
confiict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of Interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive cDunly, municipal, or other local public Dffice 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 special 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 Dfficers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a 'reiative" includes only the officer's father, mother, son. daughter, husband, wife, 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 carrying on a business
enterprise with the officer as a partner. joint venturer. coowner of property. or corporate shareholder (where the shares of the corporation
are not lisled on any natiDnai or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the confiict:
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 filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
AlthDugh you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to infiuence the decision. whether Drally or in writing and whether made
by you Dr at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 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 Df the meeting. who will incorporate the form in the minutes. (Continued Dn other side)
CE FORM BB. EFF. 1/2000
PAGE 1
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 form is filed.
IF YOU MAKE NO AITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in Ihe measure before participating.
. You must complele the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of Ihe
meeting, who must incorporate the form in the minutes. A copy of the form musl 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
JEFFREY M. PERLOW
, hereby disclose that on
FEBRUARY 3
,26>~
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain or loss;
- inured to the special gain or loss of my business associate.
- inured to the special gain or loss of my relative,
- inured to the special gain or loss of
whom I am retained; or
, by
- inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
, which
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
AGENDA ITEM 6-D/9
LEGAL SERVICES PROVIDED BY ME TO ONE OF THE PARTIES INVOLVED IN SUBJECT MAITER
~/.¡J(J'f
Date Filed .
~.
Signature
: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE I
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, I
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A I
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 1/2000
PAGE 2
A~ Ctr ri
nventiIra
-8-
',.../
MINUTES
COMMISSION WORKSHOP MEETING
FEBRUARY 19, 200410 A.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura. Florida 33180
The meeting was called to order at 10:00 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.
3. MEDIAN SIGNS REPORT: (Taken out of order) Landscape Architect Bill O'Leary
presented proposed design and locations for city-wide residential signage.
CITY MANAGER'S SUMMARY: Consensus to proceed, with amendments
suggested by Commission.
1. AVENTURA GOVERNMENT 101 - A CITIZEN'S ACADEMY: Mr. Soroka
reviewed proposed program to familiarize citizens with local government operations
designed to improve communications between citizens and government and foster
citizen involvement.
CITY MANAGER'S SUMMARY: Consensus to proceed as presented.
2. REQUEST TO RENAME NE 1SSTH STREET: City Manager distributed request to
honor the powerboat industry by renaming NE 188th Street or providing a memorial
monument.
CITY MANAGER SUMMARY: Consensus that City Manager obtain more specific
information from requestors and report back to Commission.
4. NAMING OF 31sT AVENUE PARK: Commission discussed names for this park.
CITY MANAGER'S SUMMARY: Consensus to name 31st Avenue Park "Veterans
Park."
5. APRIL COMMISSION MEETING SCHEDULE: Due to the Passover holiday, the
City Manager noted it would be necessary to change the date of the April
Commission meeting.
CITY MANAGER SUMMARY: Consensus to reschedule Commission Meeting to
April 13,2004. Workshop date to be determined.
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 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on , 2004.
Anyone wishing to appeal any decision made by the Cily 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 lestimony and evidence upon which the appeal is to be
based.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
Law Enforcement Mutual Aid
City of North Miami
ent Between the City and the
March 2, 2004 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1.
2.
The joint multijurisdictional criminal investigations.
Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
Any natural disaster.
Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
Terrorist activities including, but not limited to, acts of sabotage.
3.
4.
5.
6.
7.
8.
9.
10,
11.
12.
13.
14.
15.
Escapes from disturbances within detention facilities.
Hostage and barricade subject situations, and aircraft piracy.
Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
Enemy attack.
Transportation of evidence requiring security.
Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
Security and escort duties for dignitaries.
Emergency situations in which one agency cannot perform its functional
objective.
Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO1277-04
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
FROM:
Eri~ M. Sf'roka, City Manager
~
Tom Ribel, Chief of Police
TO:
DATE:
February 17, 2004
SUBJECT: Mutual Aid Agreement
Please have the attached mutual aid agreement between the City of North Miami and
City of Aventura placed on the next City Commission agenda for approval.
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF NORTH MIAMI FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of North Miami for law enforcement activities in
substantially the form as attached hereto.
Section 2.
The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner -' who moved its
adoption. The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner lev 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 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
MUTUAL AID AGREEMENT
BETWEEN THE NORTH MIAMI POLICE DEPARTMENT
AND THE CITY OF A VENTURA POLICE DEP ARTMENT
WHEREAS, it is the responsibility of the governments of the City of North Miami, Florida, and
the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of
police services to address any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural andmanrnade conditions which are, or are likely to b~, beyond
the control of the services, personnel, equipment or facilities of the participating municipal police
departments; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace andsafety, and topreserve
the lives and property of the people ofthe participating Miami-Dade County municipalities; and
WHEREAS, the participating municipalities have the authOlity underChapter23, Florida Statutes,
Florida Mutual Aid Act, to enter into a Mutual Aid Agreement.
NOW, THEREFORE, the City of North Miami and the City of Aventura, subdivisions of
the State of Florida, and the undersigned representatives, in consideration of mutual promises to render
valuable aid in times of necessity, agree to fully and faithfully abide by and be bound by the followingtenns
and conditions:
1.
Short titieMutual Aid Agreement
2.
Description: This Mutual Aid Agreement provides for the requesting and rendering of
assistance for both routine and intensive law enforcement situations, and combines the
elements ofboth a voluntary cooperation agreement and a requested operational assistance
agreement as described in Chapter 23, Florida Statutes.
3.
Definitions:
A.
lointdeclaration: A document which enumerates the vaJious conditions or situations
where aid may be requestedorrendered pursuant to this Agreement, as detelmined by
concel11edagency heads. Subsequenttoexecution by the concell1ed agency heads, the
loint Oecl aJ'ati on shall be filed with the clerks of the respectIve political subdivisions and
shall become pan of this Agreement. The declaration may be amended or
4.
5.
supplemented at any time by the City Managers of the respective cities filing subsequent
declarations with the clerks of the respective political subdivisions.
B
Agency or participating law enforcement agency: The City ofNorth Miami Police
Department and the City of Aventura Police Department.
c.
Department Head: The Chief of the City ofNorth Miami Police Department, orthe
Chief's designees, and the Chief of Police of the City of A ventura Police Department,
or the Chief's designees.
D.
Certified law enforcement employees: Any law enforcement employee ceJtifiedas
provided in Chapter 943, Florida Statutes.
Operations:
A.
In the eventthat a party to this Agreement is in need of assistance, as specified in the
applicable JointDeclaration, an authorized representative of the police depmtment
requiring assistanceshal! notify the agency from which such assistance is requested.
The authorized agency representative whose assistance is sought shall evaluate the
situation and available resources, and will respond in a manner deemed appropriate.
B.
Each party to this Agreement agrees to furnish necessary personnel, equipment,
facilities, and other resources and to render services to the other party as required to
assist the requesting party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete, unreasonabl y, its own
personnel, equipment, facilities, and other resources and services in rendering such
assistance-
c.
The agency heads of the participating law enforcement agencies, or their designees,
shall establish procedures for giving control of the mission definition to the requesting
agency, and for giving tactical control over accomplishing any assigned mission and
supervisory control over all personnel or equipment provided pursuant to this
Agreement to the providing agency.
Powers, Privileges, Immunities, and Costs:
A.
All employees of the participating municipal police department and all certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during such time
that the employees are actually providing aid outside of the jurisdictional limits of the
-2-
employing municipality pursuant to a request for aid made in accordance with this
Agreement, shall pursuantto the provisions of Chapter 23, FloridaStatutes, have the
same powers, duties, lights, p1ivileges, and immunities as if they were peTfOlming their
duties in the political subdivision in which they are regularly employed
B.
The political subdivision having financial responsibility for the law enforcement agency
providing the services, personnel, equipment, or facilities pursuantto the provisions of
this Agreement shall bear any loss or damage and shall pay any and all expenses
inculTed in the maintenance and operation of these resources.
c.
The political subdivision having financial responsibility for the law enforcement agency
providing aid pursuant to this Agreement shall compensate all of its employees rendering
aid pursuantto this Agreement, during the time of rendering of such aid, and shall defray
the actual travel and maintenance expenses ofthe employees while they are rendering
aid. Compensation shall include any amounts for compensation due to personal injury
or death while such employees are engaged in rendering aid. Compensation shall also
include all benefits nOimally due the employees.
D
All exemptions ¡¡-om ordinances and rules, and all pension, insurance, relief, disability,
workers compensation, salary, death, and other benefits which apply to the activity of
such officers, agents, or employees of any such agency. when perfolming their
respective functions within thetenitOliallimits oftheirrespective agencies. shall apply
to them to the same degree, manner, andextentwhile engaged in the perfOlmance of
their functions and duties extratelTitOlial under the provisions of this Mutual Aid
Agreement. Theprovision of this Agreement shall apply with equal effect to paid and
auxiliary employees.
6.
Indemnification: The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend,
and indemnify the requesting law enforcement agency and it political subdivision in any suit,
action or claim for damages resulting from any and all acts or conduct of employees of the
agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida
Statutes, where applicable.
7.
Forfeitures: It is recognized that during the course of the operation of the Agreement,
property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes,
may be seized The property shall be seized, forfeited, and equitably distributed among the
participating agencies in proportion to the amount of investigation and participation performed
by each agency. This shall occur pursuant to the provisions of the FIOlida Contraband
-3-
Forfeiture Act.
8.
Conflicts: Any conflict between this Agreement and the Florida Mutual AidActwill be
controlled by the provisions of the latter, whenever conditions exist that are within the
definitions stated in Chapter 23, Florida Statutes.
9.
Effective Date and Duration: This Agreement shall be in effect from date ofsigning,
through and including January 1,2006 and underno circumstances may this Agreement be
renewed, amended or extended except in writing.
10 Cancellation: This Agreement may be canceled by either party upon sixty (60) days written
notice to the other party. Cancellation will be atthediscretion of the chief executive officers
of the parties.
AGREED AND ACKNOWLEDGED this /(J.d day of d~
,20.Q£.
City Manager, City of A ventura, Florida
ATTEST:
ATTEST:
~
Depu ity rk, City of North Miami, FL
JACQIE VIEIRA
City Clerk, City of Aventura, Florida
TERESA M. SOROKA, CMC/AAE
APPROVED AS TO FORM
APPROVED AS TO FORM
~ e: tfJ¡(.'(\ 2.ífJ.a
City Attorney, Ci' of North Miami, FL
City Attorney, City of A ventura, Florida
-4-
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF A VENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officerof either of the participating law enforcement agencies shall be considered
to be operating under the provisions of the Mutual Aid Agreement when:
paJlicipating in law enforcement acti vities that are preplanned and approved by
each respective agency head, or
appropriately dispatched in response to a request for assistance from the
other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, entered into by the City of
A ventura, Florida, and the City ofN orth Miami, Florida, it is declared that the following list comprises
the circumstances and conditions under which mutual aid may be requested and rendered regarding police
operations pursuant to the Agreement. This list may be amended or supplemented from time to time, as
needs dictate by subsequent declarations.
1.
Joint multi-jurisdictional criminal investigations;
2.
Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials,
political conventions, labor disputes, and strikes;
3.
Any natural disaster,
4.
Incidents which require rescue operations and crowd and traffic control measures, including, but
not limited to, laJ'ge-scaleevacuations, aircraft and shipping disasters, fires, explosions, gas line
leaks,radiological incidents, train wrecks and derailments, chemical or hazardous wastespills, and
electrical power failures;
5
Te1Torist activities including, but not limited to, acts of sabotage;
6.
Escapes from or disturbances within detention facilities;
7.
Hostage and baITicaded subject situations, and aircraft piracy;
8.
Control of major crime scenes, areasearches, perimeter control, backups to emergency and in-
progress calls, pursuits, and missing persons calls;
9.
19.
20.
Enemy attack;
10.
Transportation of evidence requiring security;
11.
Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions;
12.
Secunty and escort duties for dignitaries;
13
Emergency situations in which one agency cannot perfmID its functional objective;
14.
Incidents requiring utilization of specialized units; e.g., undelWaterrecovery, canine, motorcycle,
crime scene, marine patrol enforcement or investigation, and police information;
15.
Joint training in areas of mutual need;
16.
Participating in exigent situations without a formal request which are spontaneous OCCUITences such
as area searches for wanted subjects, perimeters, climes in progress, escaped plisoners. traffic
stops nearmunicipal bounda1ies, request for assistance and no local unit is available or nearby , calls
or transmissions indicating an officer is injured, calls indicatingaclime or incident has occulTed in
which a citizen may likely be injured and the assisting municipality is closer to the area than the
officer receiving the call;
17.
Mutual enforcement of all existing applicable laws and ordinances and exercise of atTest powers
within the area comprising the jurisdictional waters within the respective municipal boundaries;
18.
The agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take
enforcement actions as deemed appropriate under city, state, and federal laws, rules and
regulations, and to write boating law violation citations, make arrests, and to attend court on behalf
of the other agency;
The agencies agree that any and all incidents, which require an initial (preliminary) police offense
incident report (aIR), will be completely by the agency making the initial contact. Any follow-up
investigations that are required are to be completed by the jurisdiction in which the incident
occuned regardless of which agency completed the miginal offense incident report;
Ifan anestis made by one agency that is operating in thejUlisdictional waters of the other agency,
and that atTest results in asset fO1feiture proceedings, both agencies agree to a50-50 shat"e of the
final asset distribution following the payment of all expenses relating to the prosecution of the civil
-2-
case. The jurisdiction of civil forfeiture action shall be filed by the seizing agency;
21.
Both agencies have the rightto set their own days and hours for marine patrol and agree to provide
assistance and aid to the other agency under the spirit of this Mutual Aid Agreement.
This Amendmentshall become effective upon the signing ofboth Cities and shall remain in effect until either
the cUlTent Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to
the other agency to rescind this Amendment.
1 accept the teITnS and conditions of the aforementioned Amendment to thecun'ent Mutual Aid Agreement
and Joint Dec1araJ:ion between the City of AventuraPolice DepaI1mentand the City ofNO1th Miami Police
Depmtment.
¡?1ft
dát
Date
C ty Mana r
City ofN h Mi i, Florida
c~
City of North Miami Police Depmtment
Eric M. Soroka, City Manager
City of Aventura, Florida
~
Thomas E. Ribel, Chief of Police
City of A ventura Police Department
-3-
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission ~6.
Eric M. Soroka, ICMA-CM, r Mfnag r
February 19, 2004
Disbursement of Police Forfeiture Funds
TO:
FROM:
SUBJECT:
March 2, 2004 City Commission Meeting Agenda Item k
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $48,000 for the dive team
equipment, SWAT team equipment, ballistic helmets and bike patrol/street
crimes unit equipment from the Police Forfeiture Fund in accordance with the
City Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO1279-04
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
FROM:
TO:
Tho
DATE:
February 9, 2004
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Dive Team Equipment
SWAT Team equipment
Equipment for sworn officers & K9
Bike patrol & SCU equipment
$12,000.00
$ 6,000.00
$26,000.00
$ 4,000.00
Total Expenditure Request:
$48,000.00
I certify that this requested expenditure complies with Florida State Statute
932.704 in that
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were ~ considered in the adoption and approval of the budget
of the Police Department.
Equipment:
Dive Team Equipment - This request is for dive equipment that will enable the
team to carry out their duties in safety and under extreme dive conditions. It
consists of: masks with communications capabilities, buoyancy compensators,
dry suits, dive tanks and regulators.
SWAT Equipment - This equipment will purchase weapons storage racks for
the SWAT firearms to securely store their rifles and shotguns. It will also be
used to purchase additional handguns so all team members have the same
weapon. Additionally, this purchase will provide the CNT Team with secure
storage for their "Throw Phone" equipment to protect it from the elements or
rough handling.
Equipment for All Sworn Officers/K9 - This purchase will provide all sworn
officers with a brand new ballistic helmet. These helmets will provide the officers
Class iliA ballistic protection during times of specific need. The current helmets
are military surplus and need to be replaced as they have been in service by this
department since 1997. This approval will also provide an electronic collar for
use by the K9 units.
Bike Patrol/Street Crimes Unit - This approval will provide 4 new bikes for use
by departmental members that have been trained as Bike Patrol Officers. The
amount of officers trained to perform in this capacity has increased and more
bikes are needed. This approval will also serve to purchase a night vision
device for the SCU unit which works predominantly during the hours of darkness
following subjects.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
DATE:
MEMORANDUM
City Commission ffJ
Eric M. Soroka, ICMA-CM, City, age
February 19, 2004
TO:
FROM:
SUBJECT:
Resolution Declaring Equipment
us
March 2, 2004 Commission Meeting Agenda Item il
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property as surplus to the needs of the Police Department.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO1278-04
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
adopted herein.
Recitals Adopted. The above recitals are hereby confirmed and
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5.
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:
This Resolution shall become effective immediately upon its
Commissioner lev 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 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Exhibit A
Police Department
Year VIN Veh# Est. Value
Ford Crown Victoria:
1996 2FALP71VV5TX179491 3627 $1500
1997 2FALP71VV8VX212907 3711 $2000
1997 2FALP71VV4VX140054 3729 $2000
1997 2FALP71VV6VX140055 3732 $2000
1997 2FALP71VVXVX140060 3733 $2000
1997 2FALP71VVOVX140052 3735 $2000
1997 2FALP71VV9VX212902 3738 $2000
1997 2FALP71VV4VX212905 3740 $2000
1996 2FALP71VV5TX156874 3604 Totaled
1997 2FALP71VV3VX140059 3736 $1000
1996 2FALP71VV3TX156873 2603 Transmission $ 500
1997 2FALP71W2VX212904 3739 Accident $1000
1997 2FALP71VVXVX140057 3730 Transmission $ 500
1996 2FALP71VV6TX156883 3607 Blown Enaine $ 500
1997 2FALP71WOVX212903 3712 $1500
1996 2FALP71W2TX156878 3601 $1500
1996 2FALP71VV4TX156882 3602 $1500
1996 2FALO71W6TX139503 3622 $1500
1996 2FALP71VV5TX139511 3626 $1500
1996 2FALP71W2TX156881 2609 VVhite unmarked $2000
Golf Cart
1994 SER# 805675F1594 2497 Batterv $ 300
1994 SER# 811497G2194 2496 Batterv $ 300
Additional items:
12 Federal Signal "Street Hawk" light bars
1 K9 cage from a 1996 Crown Victoria
7 Patrol vehicle cage dividers from 1996-1997 Crown Victorias
3 Lateral File Cabinets; City Property #'s 0937, 0444, 0936
1 Large Lateral File Cabinet
1 Large Desk
2 Four Drawer Filing Cabinets
CHARGERS
42 - Battery Chargers for M-26 Battery Magazine / $20 each
17 - Battery Chargers for M-26 via Dataport / $20 each
3 - Dual Battery Charger for M-26 (magazine and data port) / $30 each
M-26 HOLSTERS
55 - Right Handed X350 High Ride Advantage Plus Nylon / $30 each
5 - Left Handed X350 High Ride Advantage Plus Nylon / $30 each
6 - BladeTech Lok holster w/ thumb-lock / $40 each
2- Patent Leather w/ 2 cartridge holders (for motormen) / $50 each
COMPUTER HARDWARE I SOFTWARE
4 - Windows based adapter & software to download kit from tasers to
computer / $75 each
300 used rechargeable NiMH batteries
Communitv Services Department
1998 Ford Explorer VIN# 1FMZU32E7WUC3466
1997 Chevrolet S-10
VIN# 1GCCS14X2V8124672
2000 Ford Explorer
VIN# FMZU63E6YUB18902
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM:
MEMORANDUM
City Commission ~
Eric M. Soroka, ICMA-CM, cittger
February 20, 2004
TO:
DATE:
SUBJECT:
Resolution Designating City Owned Property at 19375 NE 31st
Avenue as Veterans Park
March 2, 2004 Commission Meeting Agenda Item b -E
RECOMMENDATION
Attached is the Resolution designating City owned property located at 19375 NE 31 st
Avenue as Veterans Park as discussed at the February Workshop meeting.
EMS/aca
Attachment
CCO1280-04
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DESIGNATING THE
CITY-DWNED PROPERTY LOCATED AT 18375 NE 31
AVENUE AS CITY OF AVENTURA VETERANS PARK;
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-owned property located at 18375 NE 3181 Avenue is
hereby designated and shall be hereafter known as the City of Aventura Veterans Park.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3.
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:
This Resolution shall become effective immediately upon its
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 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
BY:
City Commission ~
Eric M. Soroka, City a er
Antonio F. Tomei, apl Proj ts Manager
February 20, 2004
Bid No: 04-02-13-2
O-.fj
TO:
FROM:
DATE:
SUBJECT:
March 2, 2004 City Commission Meeting Agenda Item ~ - r:
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 04-02-13-2, Yacht Club Way Drainage Improvements to the lowest responsible
and responsive bidder, Development & Communication Group of Florida Inc. for the
price of $132,900.00. The project is included in the Capital Improvements Program with
a budget of $150,000 under Community Services Line Item Number 410-5001-538-
6306.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on February 13, 2004. The City received one (1) bid for this
project.
Development & Communication Group of Florida, Inc.
$132,900.00
This bid price allows for the construction of drainage improvements within the area of
Yacht Club Way and East Country Club Drive, inclusive of water quality requirements
via ex-filtration trenching and the addition of an outfall to the neighboring canal.
If you have any questions or need any additional information, please feel free to contact
me.
Attachment:
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 04-02-13-2, YACHT CLUB WAY DRAINAGE
IMPROVEMENTS, TO DEVELOPMENT & COMMUNICATION GROUP
OF FLORIDA, INC. AT THE BID PRICE OF $132,900.00. AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 04-02-13-2, Yacht Club Way
Drainage Improvements; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Development & Communication Group,
Inc., has submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1:
That bid/contract for BID NO. 04-02-13-2, Yacht Club Way
Drainage Improvements, is hereby awarded to Development & Communication Group
of Florida, Inc. in the amount of $132,900.00.
Resolution No. 2004--
Page 2
Section 2:
The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3:
That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4:
That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from
Community Services Budget Line Item Number 410-5001-538-6306.
Section 5:
This Resolution shall be 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 Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Resolution No. 2004--
Page 3
PASSED AND ADOPTED this 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
TO: City Commission
FROM: Eric M. Soroka, City
BY:
DATE: February 26, 2004
Community servi~
SUBJECT:
Safe Neighborhood Parks Discretionary Funds Grant Application for
Waterways Park Expansion
March 2nd 2004 City Commission Meeting Agenda Item ...b.::..t;
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached Safe Neighborhood Parks Discretionary Fund
Grant Application for the Waterways Park Expansion project in the amount of
$1,100,000.00.
Backaround
The Safe Neighborhood Parks (SNP) Oversight Committee recently announced the
availability of grant funding for park projects from the SNP Discretionary Funds. This
grant program does require that all Miami-Dade residents have equal access to the
park, without charging fees based upon residency. The project consists of the following
major elements:
1. Planning, design, and environmental remediation
2. Construction of facilities that include:
a. One lighted multi-use athletic field
b. Park building with bathrooms
c. Nature preserve boardwalk
d. Playground and picnic shelters
e. Landscaping and irrigation
f. Clustered fitness course
g. Park benches and water fountains
h. Fencing, security lighting, and signage
i. Parking lot
If I can be of further assistance, please feel free to contact me.
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
ATTACHED SAFE NEIGHBORHOOD PARKS
DISCRETIONARY FUNDS GRANT APPLICATION AS
DESCRIBED IN EXHIBIT "Au BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT
IN THE AMOUNT OF ONE MILLION ONE HUNDRED
THOUSAND DOLLARS ($1,100,000) FROM THE MIAMI-
DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND
PROGRAM; AND AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the citizens of Miami-Dade County have authorized the issuance of
general obligations bond (the "Bond") for the purpose of financing capital improvement
programs for certain parks, beaches, natural areas and recreation facilities; and
WHEREAS, to implement and give effect to the bond program, Miami-Dade
County Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance
(the "County Ordinance"); and
WHEREAS, it is necessary and desirable to improve the quality of life, to benefit
property values, to promote prevention of juvenile crime by providing positive recreation
opportunities, and to improve the recreation facilities for youth, adult, and senior
citizens in the community through the improvement of our parks and natural areas; and
WHEREAS, in order to foster those important values, the projects more
specifically listed below have been identified for reimbursement pursuant to the terms of
the County Ordinance; and
WHEREAS, pursuant to the terms of the Ordinance, the passage of this
resolution and the acts contemplated by this resolution are conditions to obtaining a
grant; and
Resolution No. 2004--
Page 2
WHEREAS, The City of Aventura wishes to make application for the grant
monies for the project listed below subject to all terms and conditions of the Ordinance;
and
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 make application for a
grant for the project as described in Exhibit "A" and in the amount listed below, and in
connection with such application to execute such grant agreement and other contracts
and documents, to expend Safe Neighborhood Parks bond funds received for the
purposes described in the funding request, to execute any necessary amendments to
the grant application and contracts, and take such other acts as may be necessary to
bind the City of Aventura ("the City") and accomplish the intent of this Resolution.
Application shall be made with respect to each of the following project (the "Project") in
the amounts set forth below.
GRANT TITLE:
WATERWAYS PARK EXPANSION
TOTAL GRANT:
$1.100.000
Section 2.
The City shall complete the Project in accordance with the terms of
the grant agreement, the Ordinance, and the administrative rules authorized by the
Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the
total cost of the Project exceeds the value allocated in the grant, then the City will
provide any supplemental funds required to complete the Project. In the event that
supplemental funds are necessary for completion of the Project, as the point in time
that it is known that supplemental funds have been committed to the Project prior to
Resolution No. 2004--
Page 3
and as a condition of disbursement of further disbursement of grant funds.
The
requirement for the City to provide any supplemental funds required to complete the
project may, at the sole discretion of the Committee, be modified in whole or in part by
a reduction in scope of work consistent with the Ordinance.
Section 3. The City recognizes and directs that any beach, park, or other public
facility acquired, developed, rehabilitated, or restored with bond funds, including the
Project, shall be open and accessible to the public without discrimination as to race,
color, gender, age, religion, belief, residence, natural origin, marital status or disability.
Section 4. To the extent allowed by law, the City shall commit any and all funds
which may be required to operate, maintain and provide programming at the Project
upon its completion.
Section 5. No substitution in capital project funding by the City shall occur as a
result of the grant for which the City is applying.
Section 6.
The City Manager is hereby authorized to do all things necessary
and expedient in order to carry out the aims of this Resolution.
Section 7.
This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
, who moved its
and upon being put to a
Commissioner lev 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 4
PASSED AND ADOPTED this 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No. 2004--
Page 5
EXHIBIT "A"
Safe Neighborhood Parks (SNP) Bond Program
Discretionary Funds
2004 Grant Application
Date: 2/26/2004
Applicant Information
A. Applicant: City of Aventura
B. Co-Applicant:-
Title: Director of Community Services
C. Contact Person: Robert M. Sherman
E-mail Address: shermanr(âìcitvofaventura.com
Mailing Address: 19200 West Country Club Drive
City: Aventura
State: £L..
Zip: 33180
Telephone:305-466-8930
Fax: 305-466-3277
Grant Request Overview
A. Grant Title (Park Name): Waterways Park Expansion
B. Park/Land Address: 3401 NE 213th Street
c. County Conunission District (s) where park/land is located: ~
D. Brief Grant Description: Six acre expansion of Waterways Park which will include the
development of the followine new facilities: One liehted softballlbaseballlsoccer/football athletic
field' two acre manerove preserve with 1,000 linear footboardwalk: one clustered fitness course:
three picnic shelters' one covered playeround; landscapine: irrieation' park benches' water
fountaines' security liehtine and fencine; parkine for 59 vehicles.
E. Please indicate total funding request for Discretionary Dollars:
$1,100,000.00
$2,000,000.00
$3,100,000,00
Resolution No. 2004--
Page 6
F. Source of committed match funds: City Funds
'Documentation of all match funds must be attached to this application. Match will be
verified prior to issuance of a contract.
G. Grant Type(Please check all that apply):
I. Development, Land Owned ¡g¡
If the applicant is a Not-For-Profit, has a Public Agency agreed to the development on
thePublicAgency'sproperty? N/A
If yes, please provide the name of the Public Agency: City of A ventura
If no. give reason why they have not agreed: -
11. Development, Land Leased by Applicant D Term of Lease:
If the applicant is a Not-Far-Profit, has a Public Agency agreed to the development on
the Public Agency's leased property? N/A
If yes, please provide the name of the Public Agency:
Ifno, give reason why they have not agreed:
III. Land Acquisition D
If the applicant is a Not-For-Profit, has a Public Agency agreed to take title of the land?
N/A
If yes, please provide the name of the Public Agency:
If no. give reason why they have not agreed:
H. Grant Readiness
/s the proposed project consistent with the Park Master Plan that has received all required
approval and authorizations? YES
Name and phone number of the Park & Recreation Department personnel providing this
information. Aventura Commuruty Services Department 305-466-8930
Land Acquisition Stal!es Be!!innin!! Date Endin!! Date
Property Identification
Willinl! Seller Detemrination
Appraisals
Acquisition
Method of Acquisition: -
Development Sta!!es Be!!innin!! Date Endin!! Date
Planninl! 1/04 1105
Schematic Designs 1105 4/05
Construction Drawin"s 4/05 7/05
Construction 10/05 4/06
Resolution No. 2004--
Page 7
Construction/Operating Commitments
A.
Describe the basis or justification for cost estimate: Consulting Engineer's Estimate
B.
Are additional funds required for this project? (check one) YES D
If yes, how much? iQ,QQ
NO ¡g¡
List the other anticipated sources for this funding and amounts anticipated.
iQ,QQ
iQ,QQ
iQ,QQ
iQ,QQ
Explain how these other sources of funding will be used to either complete or expand the SNP
bond funded grant or total project: N/A
If any of these other sources of funding fails to fully materialize, how will that affect the SNP bond
funded grant or total project? N/ A
c.
Upon completion, will the work funded by this grant result in increased or new annual
maintenance and operation costs? YES ¡g¡ NO D
D.
Upon completion, will the work funded by this grant result in increased or new annual
programming costs? YES ¡g¡ NO D
E.
Who will assume the increase costs? City of A ventura
Applicant Certification
I hereby certify the information provided in this application and any attachment is true and correct. I further
certify that I possess the authority to apply for this grant on behalf of the applicant.
As a condition of the grant, I also agree to execute a grant agreement and to comply with all terms and
conditions ofthe grant agreement, the Administrative Rules of the SNP Bond Program and the SNP Bond
Ordinance.
Signature of Authorized Representative
Date
Resolution No. 2004--
Page 8
Signature of Authorized Representative of Co-Applicant
LINE ITEM BUGET FORM
Date
ATTACHMENT A
¡BUDGET ITEMS
[PLANNING' . .
[DESIGN.
[PROJECT ADMINISTRATION'
IpRE:AGREEMENTnSOFTCOSTS.
ITOTALSOFTCOST n .
[iANDtBLDG:ACQuisiTION
ICONSTRUCTION(Üstb~I~-;.b)'~l~;;'~nt~ith quantities):
lo~~ ;;'~I(¡-~~~ . - .~~ftb;;¡i;-;;;~~~rlbasebalVfootball field
11,000 linear foot boardwalk through mangrove nature preserve
íI-Clu~t~~~;Ü;i¡;'~~s C~u;s~-three stations
IT¡;e~pi~~i~ ~h~lters
[O~~~~~~r~dpl~yground
[Environment~1 Remediation
II;:;ig~¡;;;~~~d-I~~d~~~pi~g
[Park Building w/office/storage/restrooms
__n- - un n - -
TOTAL SNP Grant
Request
$43,000.00
$75,000.00
$64,000.00
$50,000.00
$182,000.00
$0.00
$75,000.00
$15,000.00
$3,000.00
$30,000.00
$45,000.00
$260,000.00
$100,000.00
$40,000.00
% OF
EXPENSE,
135% II
- [135% ------.
35% !
1---- .
135%
¡------
r- I
I .
]35%----'
135% .
135o/.~---:
r35o/~---~
[35%
135%
135%
135%
Resolution No. 2004--
Page 9
ATTACHMENTB
BUDGET JUSTIFICATION
PRE-AGREEMENT SOFT COST BUDGET
Environmental Remediation Study in pro~ress $42,700.00
$0.00
$0.00
$0.00
$0.00
PRE-AGREEMENT CONSTRUCTION LINE ITEMS BUDGET
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
CONSTRUCTION LINE ITEMS BUDGET
See Attachment "A" $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
FIXTURES, FURNITURE & EOUIPMENT BUDGET
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Resolution No. 2004--
Page 10
$0.00
$0.00
$0.00
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission t.¿
Eric M. Soroka, City na
~~~ilgOre, Fin' port Services Director
TO:
BY:
DATE:
February 24, 2004
SUBJECT: 2003/04 Budget Amending Ordinance
1st Reading March 2, 2004 City Commission Meeting Agenda Item ~
2nd Reading April 13, 2004 City Commission Meeting Agenda Item-
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2003/2004 budget.
Backaround
This ordinance accomplishes three purposes:
1. It provides funding for utility costs in the Community Services
Department.
2. It provides funding for a new position in the Finance Support
Services Department.
3. It appropriates funds carried over from the 2002/03 budget for
Capital Construction Funds.
When we concluded the audit for 2002/03, it was apparent that the amounts budgeted
for street lighting and water in the Community Services Department were understated.
We, therefore, amended the 2002/03 budget and reviewed the 2003/04 budget to
determine if sufficient funds were budgeted for these accounts. This ordinance provides
the needed funds for the current fiscal year.
Due to expanded workload relating to new operations (i.e. Charter School and
Community Center), the Finance Support Services Department needs one additional
employee to oversee the accounting and purchasing functions. Total cost for the
balance of the fiscal year is $41,627, assuming an April 1 st hire date. As previously
negotiated, a reduction in fees charged by Charter Schools USA will fund a portion of
the cost of the position.
Page 2
Memorandum to City Commission
2003/04 Budget Amending Ordinance
Since we are amending the General Fund budget, we deemed it advisable to also
reflect the latest projections of major revenue sources, including the fund balance
carryover for the General Fund. Total revenues were, therefore, increased by
$831,600, of which $800,000 was due to the increase in fund balance. After deducting
the increased expenditures discussed above, we increased the Capital Reserve
Account by $529,973. This amount will be available to fund the CIP and budgets for
future years.
The amendments to the 2000 Loan Construction Fund and 2002 Loan Construction
Fund are required to appropriate funds for expenditure of moneys remaining in these
Capital Project Funds. The 2000 Loan Construction Fund will be used to fund land
acquisition and associated costs of the Gulfstream Park property to be used as
Waterway Park. The $24,000 in the 2002 Loan Construction Fund will be utilized for
capital items for the Charter School.
HMKlmn
~f'
(:OÞE
Revenues
Budget Amendments
GENERAL FUND
,,'..' ,'.J" .,~"
8UÐGET
CATEGORY
Locallv Levied Taxes
3131000 Franchise Fee-Electric
3143000 Utility Tax-Electric
Subtotal
Licenses & Permits
3211000 Occupational Licenses
Subtotal
Intergovernmental Revenue
3351200 State Revenue Sharing
3351800 Half Cent Sales Tax
Subtotal
Non-Revenue
3399000 Canyover
3811019 Transfer From Charter Sch Operating Fund
Total Amendments-Revenues
Expenditures
Finance SUDDort Services
Employee Salaries
FICA
Pension
Health, Life & Disability Ins
Workers Compensation
SUBTOTAL
1201
2101
2201
2301
2401
4311
4320
6999
Community Services
Utilities-Street Lighting
Water
SUBTOTAL
Non-cleDartmental CaDital 90-590
Capital Reserve
SUBTOTAL
Total Amendment -Expenditures
Exhibit A
.....
AMBØD
. AMOUNr
...
REYI8ED
BUDGET
1,840,000 (160,000) 1,680,000
2,935,000 56,000 2,991,000
4,775,000 (104,000) 4,671,000
665,000 33,000 698,000
665,000 33,000 698,000
218,000 37,000 255,000
1,450,000 50,000 1,500,000
1,668,000 87,000 1,755,000
9,719,000 800,000 10,519,000
15,600 15,600
9,719,000 815,600 10,534,600
561,683
42,969
75,827
102,003
3,932
786,414
30,000 591,683
2,295 45,284
4,050 79,877
5,072 107,075
210 4,142
41,627 828,041
60,000 160,000
200,000 355,000
260,000 515,000
529,973 8,961,278
529,973 8,961,278
100,000
155,000
255,000
8,431,305
8,431,305
Exhibit A
Budget Amendments
GENERAL FUND
The Personnel Allocation Summary for the Finance Support Services Depart-
ment shown on page 21 of the Budget is revised to show the addition of the
position shown below:
1 Position I 1
No. PosItion Title
1501 Controller New position effective April 1, 2004
Total Positions for the department
2003/041
1
12
Budget Amendments
2000 LOAN CONSTRUCTION FUND 340
Revenues
Miscellaneous Revenue
3611000 Interest on Investments
SUBTOTAL
0
0
17,902
17,902
17,902
17,902
Non-Revenue
3999000 Carryover
SUBTOTAL
0
0
4,076,098
4,076,098
4,076.098
4,076,098
Total Amendments-Revenues
$ 4,OM,OOO
Expenditures
Community Services 50-572
6203 Waterways Park Improvements
SUBTOTAL
0
0
4,094,000
4,094,000
4,094,000
4,094,000
Total Amendment -Expenditures
0
$ 4,OM,OOO
Exhibit A
Budget Amendments
2002 LOAN CONSTRUCTION FUND 350
Miscellaneous Revenue
3611000 Interest on Investments 0 20,387 20,387
SUBTOTAL 0 20,387 20,387
Non-Revenue
3999000 Carryover 0 3,613 3,613
SUBTOTAL 0 3,613 3,613
Total Amendments-Revenues
Expenditures
Charter School 60-569
6410 Equipment 0 24,000 24,000
SUBTOTAL 0 24,000 24,000
Total Amendment -Expenditures 0
ORDINANCE NO. 2004--
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-12 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2003/2004 FISCAL YEAR BY REVISING THE
2003/2004 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 2003/2004 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. 2003-12, which Ordinance adopted a budget for the 2003/2004 fiscal
year, by revising the 2003/2004 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 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 lev 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 lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 2nd day of March, 2004.
2
Ordinance No. 2004--
Page 3
PASSED AND ADOPTED on second reading this 13th day of April, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
",
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
BY:
Eric M. Soroka, City
~c.:::..-
Ha~ry M. Kilgore, Fi anc
DATE:
January 27,2004
SUBJECT: End of Year Budget Amending Ordinance
1st Reading February 3, 2004 City Commission Meeting Agenda Item ~
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.
Backqround
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 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
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
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 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
Budget Amendments
GENERAL FUND
OBJECT'~:,'~;. '. '::";:"~,'. .\~i,., :~:.:;" ~;~t:'~::')\h':: ,:,..~";~.';:';)..A~OPTED,:/,Y"rAMEND.ED:~:~':r:,}~EVISED
CODE '.CATEGORY"..'.. "".","'.:". ."" ,:,""'"".,,, BUDGET' -, AMOUNT. "',BUDGET.
Revenues
Locally Levied Taxes
3149000 Unified Communications Tax
Subtotal
1 ,300,000 374,000 1 ,674,000
1 ,300,000 374,000 1,674,000
1 ,000,000 500,000 1 ,500,000
1,000,000 500,000 1,500,000
55,000 18,000 73,000
55,000 18,000 73,000
Licenses & Permits
3221000 Building Permits
Subtotal
Charaes for Services
3471000 Ree/Cultural Events
Subtotal
Total Amendments-Revenues
Expenditures
City Commission
Other Operating Supplies
S u bscri pti ons/Mem bersh i ps
SUBTOTAL
5290
5410
1201
2201
2301
4710
4815
3120
2301
4911
4915
City Manaaer
Salaries
Pension
Heath Insurance
Newsletter Costs
Web Page Maintenance
SUBTOTAL
3,000 2,000 5,000
5,600 5,000 10,600
8,600 7,000 16,600
335,334 18,000 353,334
48,368 3,000 51,368
36,879 9,000 45,879
40,000 ,. 5,000 45,000
5,500 5,000 10,500
466,081 40,000 506,081
190,000 31,000 221,000
190,000 31,000 221,000
8,003 4,000 12,003
40,000 7,000 47,000
25,000 15,000 40,000
73,003 26,000 99,003
Leaal
Legal Fees
SUBTOTAL
City Clerk
Heath Insurance
Legal Adversising
Election Expenses
SUBTOTAL
GENERAL FUND (CONTINUED)
~~£r~~'~~7T':-'~F~?;:P:~:" .' ~'(f~~:!~f' ~:T:r~~ :~:~": ;7?'I~~~~7:7~:=
CODE ""-CATEGORY" ,...".:.::,.....,."::.,,,:: BUDGET"".'AMOUNT' '.'<BUDGET,
Expenditures
Finance Support Services
2301 Health Insurance
3190 Prof Services/Other
SUBTOTAL
48,208
5,000
53,208
10,000
34,000
44,000
58,208
39,000
97,208
Community Development
3101 Building Inspection Services 700,000 220,000 920,000
SUBTOTAL 700,000 220,000 920,000
Community Services
2301 Heath Insurance 49,823 30,000 79,823
3110 Engineering 85,000 30,000 115,000
3150 Landscape Architect 15,000 30,000 45,000
3450 LandscapefTree Maint I Streets 1,400,000 70,000 1,470,000
4311 Street Lighting 95,000 80,000 175,000
4320 Water 145,000 200,000 345,000
4691 R & M/Streets 45,000 66,000 111,000
4851 Culture/Rec Programs 45,000 18,000 63,000
1,879,823 524,000 2,403,823
Total Amendments-Expenditures
TRANSPORTATION FUND
'~..::-:~:-":-':"~-.::"':'-"-"-:'-~...::---""""-~7':"7""'"":"'('.~2ÓÖ'Vìi3--:'~2õo2ìö3" " . :~""~1I02Iõ3'
OBJECT '.' . ...' "".' "'::'.~.."':'ADOPTED." AMENDED :',:.REVISED
CODE CATEGORY .... ...'" BUDGET AMOUNT'. BUDGET
Revenues
Interaovemmental Revenues
Transit System Surtax
SUBTOTAL
350,000
350,000
1,000
1,000
351,000
351,000
Total Amendments-Revenues
Expenditures
Capital Outlay
6316 Transportation System Impr.
SUBTOTAL
0
°
1,000
1,000
1,000
1,000
Total Amendments-Expenditures
2000 LOAN DEBT SERVICE FUND
Other Non-Revenues
3999000 Carryover
SUBTOTAL
484,326
484,326
1,000
1,000
485,326
485,326
Total Amendments-Revenues
Expenditures
Capital Outlay
7330 Other Debt Service Costs
SUBTOTAL
0
1,000
1,000
1,000
1,000
Total Amendments-Expenditures
2002 FIFC LOAN PROJECT FUND
=:~.:,;.":' ,;::...".,.., ,::",":':~'\::":';"i;:~""A~~~~~~~:C~~~~:
CODE '. CATEGORY ., ...., BUDGET AMOUNT': BUDGET
Revenues
Other Non-Revenues
399900 Canyover
SUBTOTAL
900,000
900,000
Total Amendments-Revenues
Expenditures
Capital Outlay
3125 OTHER BOND ISSUE COSTS
SUBTOTAL
Total Amendments-Expenditures
STORMWATER UTILITY FUND
40,000
40,000
0
40,000
40,000
940,000
940,000
40,000
40,000
Revenues
Interaovemmental Revenues
3343603 188 St Drainage Grant
SUBTOTAL
Total Amendments-Revenues
Expenditures
Capital Outlay
6306 Drainage Improvements
SUBTOTAL
1,561,779
1,561,779
Total Amendments-Expenditures
0
300,000
300,000
300,000
300,000
300,000
300,000
1,861,779
1,861,779
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
BY:
FROM:
Joanne Carr, AIC
Planning Director
DATE:
February 18, 2004
SUBJECT:
Second Reading of 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 78
2nd Reading March 2, 2004 City Commission Meeting Agenda Item ....R1....
At the first reading of this ordinance on February 3, 2004, the City Commission requested
an amendment to Section 4 of the ordinance to clarify the applicability of the special fee
for review and evaluation of telecommunications applications. Stricken-through words
indicate proposed deletion from the text of the ordinance presented at first reading and
underlined words indicate proposed additions to the text.
1. Section 4, Page 6
Amendment to Section 31-241 (d)(5)h), Special Fee
h) Special Fee. The City shall have the right 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 necessary to properly evaluate applications
for tower. The special fee shall be awIieG applicable to those applications requiring special
review or evaluation, as determined bv Citv staff. An incomplete application mav be
presumed to require special review or evaluation. The special fee shall be roimbuF&od ¡;mjQ
by the applicant to the City, oromotlv upon written demand bv the Citv to the applicant.
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(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.
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) 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.
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 follows1:
Sec. 31-241(b) Definitions
"Aoolicant" means a person or entitv with an application before the Citv 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 bv two 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 "functionallv equivalent services". Section 704 of the
Telecommunications Act prohibits unreasonable discrimination amonQ
functionally equivalent services.
"Personal wireless services" is defined as commercial mobile services.
1 Underlined provisions constitute proposed additions to existing text; striGkeR tRF91.19R provisions indicate
proposed deletions from existing text.
Ordinance No. 2004 - -
Page 3
unlicensed wireless services and commOn carrier wireless exchanae access
services. This definition includes analoa and diaital (800 MHz) cellular,
broadband PCS (1850-1900 MHz) services and enhanced specialized mobile
radio and paaina services.
"Search area" means the aeoaraphic area in which a telecommunications facility
must be located in order to proyide FCC required coyeraae. as certified throuah
an affidavit by a Radio Freauency enaineer as to radio frequency 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 receiYing 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 arade of a parcel to
the hiahest point on the tower or other structure. includina the base pad and any
antenna, but excludina liahts and liahtnina 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. consistina of
One or more tower units and supportina around 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.
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 Citv's iurisdiction within ninetv 190) 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
mm!Y.,
The Citv shall notify the permit applicant within 120) business davs after the date
the application is submitted as to whether the application is, for administrative
purposes only. 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 properlv 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 mav proceed
with placement of such facilities without interference or penalty. The timeframes
specified in this section shall be extended on Iv 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 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 bv 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) TI:18 a¡¡¡¡IiGable standards of s~ite development plan review of the entire
subiect 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 SectionlTownship/Ranae of the subiect property:
in the lease parcel fully dimensioned. includinq property lines. setbacks.
roads on or adjacent to the subject property and easements:
Ordinance No. 2004 - -
Page 5
Hi) outline of all existina buildinas. includina purpose (ie residential
buildinas. aaraaes. accessory structures. etc.) on subject property:
Iv) all existina veaetation. bv mass or individually bv diameter. measured for
feet from the around of each stand-alone tree on the subiect property:
v) prooosed/existina security barrier. indicatina tyoe and extent as well as
point of controlled entry:
vi) proposed/existina access easements. utility easements and parkina for
the telecommunications tower:
vii) all proposed chances to the subiect property: includina aradina.
veaetation removal. temporary or permanent roads and driveways, stormwater
manaaement facilities and any other construction or development attendant to the
telecommunications tower.
viii) scaled elevation drawina of proposed telecommunications tower.
includina location of all mounts. antennas. equipment buildinas. fencina and landscapina.
&-if applicable, on-site and adjacent land uses, and master plan
classification of the sito, a vis , al impast analysis ana J3l'1oto digitalization of the
telecommunications to'lo'or ana all attael'1ments inel\; Elin§ asseeiatoEi B\; ilElings and
equipment containers at the pr<Jperty line, aE woll aE at a aistanee of 2ãO feet ana ãO9
feot fmm all pr<Jportios within that Fan§e, or at etAer J3oints agr<Jod wpon in a pro
applicatien FReotiA§.
c) Type of telecommunications tower and specifics of design. includina:
h equipment brochures for the proposed tower such as manufacturer's
specifications or trade ¡ournals reprints. These shall be provided for the antennas.
mounts. equipment shelters. cables as well as cable runs and security barrier. if any:
lL. materials of the proposed tower specified bv aeneric tyoe and
specific treatment (ie anodized aluminum. stained wood. painted fiberalass. etc). These
shall be provided for the antennas. mounts. equipment shelters, cables and cable runs
and security barrier. if any:
jiL. colors of the proposed tower represented bv a color board showina
actual colors proposed. Colors shall be provided for the antennas. mounts. equipment
shelters. cables as well as cable runs and security barrier. if any:
jy, dimensions of the tower specified for all three directions: heiahl.
width and breadth. These shall be provided for the antennas. mounts, equipment
shelters and security barriers. if any: and
Y. a visual impact analysis. with a minimum of two (2) photo
diaitalization or photoaraphic superimpositions of the tower within the subject property.
The photo diaitalization or ohotoaraohic superimpositions shall be provided for all
attachments. includina: the antennas. mounts. equipment shelters. cables as well as
cable runs and security barrier. if any. for the total heiaht. width and breadth. as well as at
a distance of 250 feet from all properties within that ranee or at other points aareed upon
in a ore-application conference.
Ordinance No. 2004 - -
Page 6
h) Special Fee. The City shall have the riaht to retain independent technical
consultants and experts that it deems necessarv 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 properly evaluate applications
for tower. The special fee shall be applicable to those applications reauirina special
review or evaluation, as determined bv City staff. An incomplete application may be
presumed to require special review or evaluation. The special fee shall be paid bv the
applicant to the City. promptly upon written demand bv the City to the applicant.
(7) Co-location Incentive. Pursuant to the intent of this section, the City shall
provide the following incentive to service providers:
a. The r-e':iev: of all a¡¡¡¡lications submitted by pr.ovieeFG seeking to co loæte
on a pre existiAg telesommunications tower or to rent s¡¡ase on û pr-oposed new
telecommljAisatieAs tower shall be completed by tl:1e City no more th()n thirty (dO) dûys
following the filing of a City shall arant 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. buildinas 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 reaulations and applicable local zonina or land development
reaulations, includina but not limited to any aesthetic requirements. Local buildina
reaulations 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 6 3e6iaI
exGe¡¡tioA 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, asfollows1:
Sec. 31-241 (e) Permitted uses on public property.
(2) Uses. All ûpplicants for use iA tl:1is sestioA shall first submit a letter af iAteAt
aAe all etl:1er infoFmûtion as statea iA suBsestieA (a) herein to the City MaAager's office,
wl:1isl:1 shûll be r-eviewed within ::10 days freFR tl:1e submission of a com¡¡letee a¡¡¡¡lisation.
The City Manager is authorized to execute lease agreements and waive requirements as
provided in subsection (d) on behalf of the City. ...
Ordinance No. 2004 - -
Page 7
a. 3. No more than one telecommunications tower shall be located on a single
lot or single building site; and
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 witRÎfI 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
ðO20 days for administrative zoning decisions. Building permit applications shall be
processed within a reasonable period of time.
(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 applv. Any antenna which is not attached to a pre-existing
telecommunications tower may be approved by the City as an accessory use to any
commercial, industrial, professional, institutional or multi-family structure of eight or
more dwelling units, provided:
1. The antenna does not extend more than 30 feet above the highest point of
the structure;
2. The antenna complies with all applicable FCC and FAA regulations and all
applicable building codes; and
3. To minimize adverse visual impacts, antennas shall be selected based upon
the following priority:
i. Any stealthed antenna;
ji. Panel;
iii. Whip; and
iv. Dish.
(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. adjacent accessorv structures
or adiacent accessory equipment used in the provision of cellular. enhanced specialized
Ordinance No. 2004 - -
Page 8
mobile radio or personal communications services, shall be deemed a permitted use or
activitv. local buildinQ and land development reQulations, inciudinQ anv aesthetic
reQuirements. shall aeelv.
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). ðpeeia,' Exception 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 exception
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 e:pecial exception conditional use
permits: ...
(4) Factors considered in granting SflOG!a! exeeptien 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 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 spesial exseptien
conditional use permit is required:
Section 9. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
Ordinance No. 2004 - -
Page 9
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 Diamond, 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 lev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
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 lev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
Ordinance No. 2004 - -
Page 10
PASSED on first reading this 3rd day of February, 2004.
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
This Ordinance was filed in the Office of the City Clerk this- day of
,2004.
CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM:
MEMORAND M
City Commission (
Eric M. Soroka, ICMA-CM, Citt( nag r
December 10, 2003
TO:
DATE:
SUBJECT:
Ordinance Enacting a Police Pension Plan and Trust Fund
1st Reading January 6,2004 City Commission Meeting Agenda Item r¡ -8
2nd Reading Febl Ullry 3, 2004 City Commission Meeting Agenda Item ~ '2 C
tYlQ(clL 2,2.004
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
CCO1270-03
ADDENDUMTQ AGREEMENT
':,BEiWEEN .
THE CITY OFA\lEtmiRA, 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:
.' ,
. ARTICLE 29
Per1sióìiHestif1~
Board of Trusteesasrovided in State
al Retirement - 55 and 10 ears of serVice or com letion of 25
years
c} Benefit - 3% .
d) A'leraQe Final Compensation - Best 5 vear salary of lastlen
e) VestinQYears - .10 years> If lesstharí10 vearsofseryice. employee
. contributions are refundedwith-3%:interest.
f)$alåíV ,Aflexcept bff~dutv .
. .
Citv to
1 : The officer receives no :pasLservice credit in the newlv provided
Defined Benefit Retireme'nfRlàrl.
2. The officer retaihsóWnersniP òfthevested balance in the previouslv
provided DefinedContributióhP Ian (ICMA 401. Plan).
3. For the time afterOctober 1.2Ó03.the offic:etis credited with service in
both the. new.' Defined Benefit . Plan and the previous Defined
Contribution Plan.
4. The City 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 beaan work with the City 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 emplovee 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.
. .
-
-
-r
- ~,
d) Future increases or decreases required to fund the plan based on
actuarial study would be split SO/50 (City/Employee) durino the life of this
aoreement. . . ..'
Section 2. The City and PBA aQree 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
ReopeninQ of NeQotiations
Section 1. Reopener. Between April 1 and ¡\prit 15, 2003, either party m¡:¡y notify
the õther party, in writing, of its desire to reopenJ\rticle 10 S¡:¡J¡:¡ries and Article 29
Pe(1sion&of this Agreement, provided that. such. reopener clnd ::my resulting
.. .
. . .' .,
ri3presentativeG of the p3rties will meotby M3Y 1, 2003, or such 13ter d3te 35 the
parties may mutually agroe upon, to commence such negotiations. I'JI othor
províÐi~n5 . of this /I,grooment. shall rem3in in full force 3nd effect during 3ny
reopenIng. . . .'
This Agreement is made and entered into and executed this
Oc..,.-J.c/bl!'- , 2003. .' .
'7 rr--...day of
OLENTASSOCIATION
~esent?tive . .
.O_~~
Representative.
5tFiGkeR
. .
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 Equivalent
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
G. Board or Board of Trustees
H. 9!Y
I. Credited Service
shall mean a retirement allowance
or other payment provided by the
Retirement Plan.
shall mean the Board of Trustees
of the Retirement Plan.
shall mean the City of Aventura,
Florida.
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 Compensation
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
Q. M§Y
R. Member
shall mean the City of Aventura
Police Officers' Retirement Plan.
shall mean a permissive term.
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-Up 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
Y. Retirement Plan
Z. Service
AA. Service Retirement
shall mean a pension provided by
the Retirement Plan.
shall mean the City of Aventura
Police Officers' Retirement Plan.
shall mean active service as an
employee.
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 Vestinq
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.
3.
4.
5.
6.
7.
8.
9.
To maintain such records as are necessary for financial accounting
and reporting of Retirement Plan funds;
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;
To compile such other administrative or investment information as is
necessary for the management of the Retirement Plan;
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;
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;
To determine all questions relating to and process all applications
for eligibility, participation and benefits;
To distribute at regular intervals to employees, a comprehensive
Summary Plan Description and periodic reports regarding the
financial and actuarial status of the Plan;
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 earnings 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.
3.
4.
5.
6.
C.
Receipts and disbursements;
Benefits payments;
All contributions from the City;
All contributions from the State of Florida pursuant to Chapter 185;
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.
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;
D.
E.
F.
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.
The Board may determine the percentage of each type of investment to be
held.
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.
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
G.
H.
SECTION
A.
B.
C.
D.
of prudence, discretion and intelligence exercise in the management of
their own affairs.
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.
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.
. SERVICE RETIREMENT BENEFIT.
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.
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.
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.
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:
F.
G.
H.
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.
The payment of the early retirement income shall be subject to the same
conditions as normal retirement income.
In the event a member elects early retirement, the benefit formula in effect
on the early retirement date shall be applicable to the member.
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 benefit 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.
D.
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.
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.
C.
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 return 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 {;ontributions. 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 Internal 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 1st 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.
E.
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».
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 SUNiving 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
suNiving 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.
B.
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.
The Board of Trustees shall be authorized to intervene in any such
dissolution of marriage proceeding to ensure that such domestic relations
A.
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 lev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
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 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 2nd day of March, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MIAMI DAILY BUSINESS REVIEW
Pubh,hed Daily ""epl Salocday. Sunday ROd
Legal HoUday,
Miami. Miami-Dade COU"ty. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he Dr she is the
SUPERVISOR, Legal ¡,otlces of the Miami üaily Business
Review flkla 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 Nolice in the matter of
CITY OF AVENTURA. PROPOSED ORDINANCE - 3/2/2004
ORDINANCE AMENDING ORDINANCE NO. 2002-24. ETC.
in the XXXX Court,
was published in said newspaper in the issues of
02/0612004
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, re te, commi . or refund for the purpose
of securing thO adverti ent for ublication in the said
new"rap.'
Sworn to and subscribed before me this
~~4
(SEAL)
-.------------
Y Þ MARIA I. MES!\
ov. FERBEYRE ~~ k 't1ô!M!MlsSION # CC 335640
â.õ EXPIRES March 2004
Sial. 01 Florida Bonded Thru Nolary Pilblic
.
CITY OF AVENTURA
PUBLIC NOTICE OF
PRO~D ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, .the 2nd day Of March,
2004 at a meeting Of the City Commission Of tha City Of Aventura, to be'
held at 6:00 p.m. In the CommlssìÒn Chamber at Aventura Govemment
Center, 19200 West Country CkJb Drive, Aventura, Florida, the City
Commission will consider final adoption Of the following Ordinance on .
second reading, entitled: '.
AN ORDINANCE OF nΠCITY COMMISSION OF THE CITY
OF AVENTURA, FLæDA, AMENDING ORDINANCE NO.
2002-24 WHICH OR CE ADOPTED A BUDGET FOR
THE - FISCAL YEAR BY REVISING THE 2OO2flOO3
FISCAL YEAR OFE~NG AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT 'A" ATTACHED HERETO; AUTHOR-
IZING THE CITY ~c;.ER TO DO, AI-L THINGS NECES-
::~I~g~~=~ÑEFfe~~r:: THIS ORDIN~E;
The proposed Ordinance m~. be inspected by the public at the OffIce of
:~~er~:dC.:~¡e~:: a":;: r~~'tn":ÞU~I~C,. b H~:9 ~:~ra.h~:~~~
respect to the proposed Ord ance. Any person wishing to address the .
City Commission on any n at this Publlo Hearing may do so after the
Mayoropensthepublicheari g. "
In aC<;Ørdance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need. special accommodations to
participate In this proceedln1fbacause Of that dIs8bItity should contact
the 0Ifica Of the City Cieri<, 5-46ß-8901, not later tIian two businoss
dayspriortost!Chproceedin s.
I! a person decides to appeai;any decision t¡1ede by the City Commission
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need to ensure thet a verbatil" record Of the proc<!8dlngs Is made, which
record includes the testimony and evide""" upon which the appeal Is to
be based. I .
Teresa M. Sorol<a, CMC City Clerk
04-4-531431027M
2/6
iht Æiami Htrat~
IB!II
Published Dailv
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 daily 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 Wednesday, February 18th, 2004.
Aff'umt further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the f'11'St publication of
the attached copy of advertisement.
~~~
FRANK TOMASINO
Sworn to and subscribed before me
This~day of
rv-.-~'--
A.D. 2004
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Lisa Ann Hernandez
900 West 49th Street, Suite 500, Hialeah, Florida 33012
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THE AMERICAS' MORE COVERAGE, 12A
U.S. missionaries caught in Haiti's crossfire
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