06-01-2004
Zev Auerbach
Jay R. Beskin
Ken Coben
Bob Diamond
Manny Grossman
Harry Ho1zberg
A"'::.. The City of
.é"\.ventura
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",."",,#,,'
CítyM~
Erk M, Soroka
City CommiasioD
Jeffrey M, Perlow, Mayor
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Teresa M, Soroka, CMC
City Atto....~"
Weiss Serota Helfman Pastoriza
Guedes Boniske & Co]e
AGENDA
JUNE 1, 2004 6 PM
following ACES BOD Meeting
Government Center
19200 West Country Club Drive
Aventura. Florida JJ 180
1. CALLTOORDER~OLLCALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advIsed that the following items on the CommIssion's agenda are
quasi-judicial in nature. If you wIsh to ohjector comment upon any of these Items, please infonn the Mayor when he requests
puhlic comments An opportunity for persons to speak on each item will be made available after the applicant and staff liave
made thm presentations on each item All testimony, including puhlic testimony and evidence, will he made under oath or
affinnation. Additionally, each person who gives testimony may he suhject to cross-examination. If you refuse either to be
cross-examined or to be sworn, your testimony will be given its due weight The general public will not be pennitted to
cross-examine wilnesses, but the public may request the Commission to ask questions of statf or wilnesses on their behalf
Persons representmg organizations must present evIdence of their authotity to speak for the organization Further details of
the quasi-judicial procedores may be obtained fiom the Clerk
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, GRANTING CONDITIONAL USE
APPROVAL TO PERMIT THE MIDDLE SCHOOL WING ADDITION
TO THE A VENTURA CHARTER SCHOOL ON A PROPERTY WITH A
RESIDENTIAL LAND USE DESIGNATION LOCATED AT 3205 NE 188
STREET; PROVIDING FOR AN EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency Additions
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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately,
A.
B.
June I, 2004 Commission Meeting
APPROVAL OF MINUTES:
May 4, 2004 Commission Meeting
May 14,2004 Workshop Meeting
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN
PRINCIPLE, SUBJECT TO ANNUAL REVISION AND
AUTHORIZATION, THE CITY OF AVENTURA CAPITAL
IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2004/05 TO 2008/09 AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
C.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THIRD
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY MANAGER AND THE CITY OF A VENTURA;
PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE
DATE.
D.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, NAMING A PORTION OF THE
CITY OWNED PROPERTY ADJACENT TO THE A VENTURA
RECREATION CENTER AS THE ARTHUR I. SNYDER
MEMORIAL PARK AS A MEMORIAL IN RECOGNITION OF
THE DISTINGUISHED SERVICE RENDERED TO THE CITY
BY THE CITY'S FIRST MAYOR, ARTHUR I. SNYDER;
PROVIDING FOR AN EFFECTIVE DATE.
E.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 04-05-06-2, HOSPITAL
DISTRICT NE 213m STREET CONNECTOR IMPROVEMENTS,
TO HORIZON CONTRACTORS, INC. AT THE BID PRICE OF
$289,000.00. AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AlMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
F.
MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$25,000 FOR THE JUVENILE DRUG PROGRAM, CRIME
PREVENTION SUPPLIES AND EQUIPMENT, AND TRAFFIC
2
G.
June 1, 2004 Commission Meeting
UNIT EQUIPMENT FROM THE POLICE FORFEITURE FUND
IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
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 AlD
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF HALLANDALE BEACH 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.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None
8. PUBLIC HEARING: ORDINANCES: SECOND READING
A.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF A VENTURA BY AMENDING
THE ZONING DESIGNATION FOR ONE (1) PARCEL
LOCATED AT 3205 NE 188 STREET FROM RMF-3B,
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT
TO CF, COMMUNITY FACILITY DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
B.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING ARTICLE VII
"CODE OF ETHICS" OF CHAPTER 2 "ADMINISTRATION",
BY AMENDING SECTION 2-394 "PENALTY", TO
ENUMERATE ADDITIONAL SECTIONS OF THIS ARTICLE
VII AS BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI-DADE COUNTY ETHICS COMMISSION FOR
ENFORCEMENT; AMENDING SECTION 2-395 "DISCLOSURE
OF BUSINESS RELATIONSHIPS AND GIFTS" BY
CLARIFYING THE METHOD OF DISCLOSURE AND
ENFORCEMENT REQUIREMENTS AND EXTENDING THE
TIME PERIOD FOR WHICH NEW BUSINESS
RELATIONSHIPS MUST BE DISCLOSED BY CITY
COMMISSIONERS AND CITY ADVISORY BOARD MEMBERS;
CREATING SECTION 2-396 "FURTHER ETHICS STANDARDS;
PROHIBITIONS AND RESTRICTIONS", TO PROVIDE FOR
THE ENACTMENT OF ADDITIONAL PROHIBITIONS AND
3
June 1, 2004 Commission Meeting
RESTRICTIONS AND ETHICS STANDARDS BEYOND THOSE
CURRENTLY PROVIDED BY APPLICABLE STATE, COUNTY
AND CITY ETHICS PROVISIONS, INCLUDING PROVISIONS
CONCERNING THE PROHIBITION OF CERTAIN
APPEARANCES, WORK OR PAYMENT, CONTINUED
RESTRICTIONS AFTER COMPLETION OF CITY SERVICE;
FURTHER RESTRICTIONS ON TRANSACTIONS;
PROVIDING FOR SUCH PROHIBITIONS AND RESTRICTIONS
TO ALSO BE APPLICABLE TO FIRMS, BUSINESS ENTITIES
AND BUSINESS ASSOCIATES OF CITY COMMISSION
MEMBERS; PROVIDING FOR DEFINITIONS; PROVIDING
FOR THE STRICTER ETHICS PROVISIONS TO PREV AlL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
C.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
AMENDING ORDINANCE 2004-07 WHICH ADOPTED THE
POLICE PENSION PLAN AND TRUST FUND AS REQUESTED
BY THE STATE OF FLORIDA DIVISION OF RETIREMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
JUNE 24, 2004
10 A.M.
COMMISSION MEETING
JULY 6, 2004
6 P.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to partiCIpate m this meeting because of that disabIlity should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura AdvIsory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose. may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based Agenda items may be viewed atthe Office of the CIty Clerk. City of Aventura Government Center, 19200 W Country Club
Drive, Aventura, Florida, 33180 Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
Joanne Carr, AIC
Planning Director
DATE:
May 14, 2004
SUBJECT: Request for Conditional Use approval pursuant to Policy 1.3 of the Future
land Use Element of the City's Comprehensive Plan to permit the middle
school wing addition to the Aventura Charter School on a property with a
Residential land Use designation. (02-CU-04)
June 1, 2004 City Commission Meeting Agenda Item 3
RECOMMENDATION
It is recommended that the City Commission approve the request for conditional use
approval to permit the middle school wing addition to the Aventura Charter School on
property with a Residential land use designation.
THE REQUEST
The City Manager is requesting Conditional Use approval pursuant to Policy 1.3 of the
Future land Use Element of the City's Comprehensive Plan to permit the middle school
wing addition to the Aventura Charter School on property with a residential land use
designation.
BACKGROUND
OWNER OF PROPERTY:
City of Aventura
ADDRESS OF PROPERTY
3205 NE 188 Street
(see Exhibit #1 for location Plan and
Exhibit #2 for Aerial Photograph)
lEGAL DESCRIPTION
SIZE OF PROPERTY
EXISTING ZONING
lAND USE DESIGNATION
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
A portion of the south half of Section 3, Township
52 South, Range 42 East, City of Aventura
(see Exhibit #3 for complete legal description)
Approximately 1.56 acres
in progress amendment from RMF3B, Multifamily
Medium Density Residential District to CF,
Community Facility District
Medium High Density Residential
in progress amendment from RMF3B, Multifamily
Medium Density Residential District to CF, Community
Facility District
RMF3, Multifamily Medium Density Residential District
ROS, Recreation Open Space
OP, Office Park District
RMF3B, Multifamily Medium Density Residential District
CF, Community Facilities District
RMF3B,Multifamily Medium Density Residential District
marine industry
public park and residential
vacant and marine industry
Charter Elementary School
marine industry
Future land Use Designation - According to the City of Aventura Comprehensive Plan,
the following properties are currently designated as follows:
Subject Property: Medium High Density Residential
Properties to the North: Town Center
Properties to the South: Business and Office and Medium High Density
Residential
Properties to the East: Business and Office
Properties to the West: Medium High Density Residential
Description I Background - The City is proceeding with construction of a middle school
wing to the City's Charter School on the north side of NE 188 Street which will
accommodate 300 students in Grades 6 through 8. The parcel subject of this report is
immediately to the west of and adjoining the Aventura Charter Elementary School and the
City's Community Recreation Facility. The middle school wing addition is proposed to be
constructed on this site and on the existing school site to the east. The siting of the
2
school and recreation center on adjacent parcels will enable joint use of recreational and
educational facilities.
ANALYSIS
Citizen Comments. The Community Development Department has received no written
citizen comments about this application.
Community Development Department Analysis - The City Manager is requesting
Conditional Use approval pursuant to Policy 1.3 of the Future land Use Element of the
City's Comprehensive Plan to permit the middle school wing addition to the Aventura
Charter School on property with a residential land use designation. Policy 1.3 of the
Future land Use Element of the City's Comprehensive Plan states:
"Community facilities (including schools) and places of worship shall be
allowed on property with a residential or business and office land use
designation through the conditional use procedures found in the City's land
development regulations, and shall also be encouraged within Town Centers
when such placement results in the co-location of schools with other
educational and cultural resources such as libraries, museum,
conservatories, and auditoriums."
While the proposed use is a permitted use in the CF, Community Facilities District, Policy
1.3 of the Comprehensive Plan is a more restrictive city policy and requires that
conditional use approval be obtained for the siting of the middle school wing addition.
Criteria
According to Section 31-73(c) of the land Development Regulations, an application for
Conditional Use will be evaluated using the following criteria:
(1) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan. Policy 1.3 of the
Plan provides that community facilities, including schools, shall be allowed on property
with a residential or business and office land use designation through the conditional
use procedures of the City Code. The placement of the middle school wing addition
results in co-location with other educational and cultural resources.
(2) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare. It will provide a
compatible use that serves the school needs of the City.
3
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use is compatible with the community character of the immediate
neighborhood of the proposed use. The school addition will serve the needs of the
adjacent residentially zoned lands and the City as a whole. It will be compatible with the
existing Charter Elementary School and Community Recreation Facility on CF zoned
lands immediately adjacent to the east. The proximity of this site to existing community
facilities will allow joint use of school and recreational amenities.
(4) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
service, or will be available concurrent with demand as provided for in the
requirements of these LDRs.
Public utilities exist at the City's adopted levels of service or will be available concurrent
with demand as provided for in the requirement of the land Development Regulations.
The City's Traffic Consultant has prepared a roadway capacity analysis, along with traffic
generation information comparing existing permitted uses and the proposed middle school
use.
1.56 acres Vehicle Trips PM Peak Hour
Proposed Charter Middle per Day
School Site
Existing RMF3B zone 380 36
(54 units)
Proposed CF zone 486 45
(300 students)
NE 188 Street has a capacity of 23,800 vehicles per day. Based on existing counts, the
addition of the Charter Elementary School, the Community Recreation Facility and three
approved residential developments on the street, total vehicle trips equal 4,844.
Therefore, this street has adequate capacity for the proposed use.
(5) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures exist or shall be taken to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. Access and egress
to the Aventura Charter Elementary School is by way of NE 188 Street, a 4-lane public
right-of-way with landscaped medians and sidewalks on each side of the street. It is
proposed that vehicles and buses will use the existing left turn lane at the median cut at
the Charter Elementary School to access the middle school wing addition.
(6) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
4
The establishment of the conditional use will not impede the development of surrounding
properties for uses permitted in the zoning district. Residential developments have been
approved by the City to the west and south of this site.
(7) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed use shall minimize adverse effects, including visual impacts,
of the proposed use on adjacent property through the use of building orientation,
setbacks, buffers, landscaping and other design criteria. These design and other criteria
will be addressed through the site plan review procedures in the City's land Development
Regulations.
5
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EXHIBIT #2
02-CU-O4
1.EGAL DESCRIPTION
^ portion oflhe South ha1fofScctiOll3, Township 52 South. Range 42 East, Miami-Dade County,
Florida, more palticularly described I\S follows:
Commence at the center of Section 3, Township 52 South, Range 42 East, Miami-
Dade Counly, Florida: thence run North 89 degrees 50'55" West along the North line
oCthe S.W. 1/4 oCsaid Section 3 for a distance of 670,2:6 Ceet to the N.W. corner of
the Ii 1/2 of the N.E. 1/4 of the S.W. 1/4 of said Section 3; thence run South 0
degrees 39'25" Easl along the West line oCthe E 1/2 of the N.E. 1/4 of the S.W. 1/4
of said Section 3 for a distance of 1,107.11 feel to a point; thence run North 89
degfees 20'35" East for a distance of 1,597.55 feet to a point; thence run No¡th 0
degrees 39'25" West for a distance 005.0 feet to the point of beginning oflhe tract
ofland herein described; thencecontinlle North 0 degrees 39'25"WeSl for a distance
of3 t 2.890 feel to the celHer line ofa canal; thence run South 89 degrces 56'45" East
along the center line ofsaidcanaJ for adist'1.I1Ce 0£218.716 feel to a point; thence run
South 0 degrees 39'25" East for a distance of 31 0.18 to n point; thellcc rut! SoUth 89
dcgrces 20'35" West for a distance of218.70 feet to a point ofbeg,Ìnning.
Togcther with all rights (0 an easement in, 011, under. through, over ami across the
entire 62.5 foot canal from its property to DlImfoundling Bay, in the samc manner
and 10 the same ex-tent and with the Game rights, as evidenced by Deed recorded in
ameia! Records Book 1799, at Page 9, of the Public Records of Miami-Dade
County. Florida.
EXHIBIT #3
02-CU-O4
RESOLUTION NO. 2004- -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE
APPROVAL TO PERMIT THE MIDDLE SCHOOL WING
ADDITION TO THE AVENTURA CHARTER SCHOOL ON A
PROPERTY WITH A RESIDENTIAL lAND USE DESIGNATION
LOCATED AT 3205 NE 188 STREET; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is proposed to be zoned CF, Community
Facility District; and
WHEREAS, Policy 1.3 of the Future Land Use Element of the City's Comprehensive
Plan provides that location of community facilities on property with a residential or business and
office land use designation requires conditional use approval; and
WHEREAS, the City Manager, through Application No. 02-CU-04, has requested
conditional use approval to permit the middle school wing addition to the Aventura Charter
School on property with a residential land use designation; and
WHEREAS, following proper notice, the City Commission has held a public hearing as
provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of the
applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-CU-04 for conditional use approval to permit the
middle school wing addition to the Aventura Charter School on property with a residential land
use designation located at 3205 NE 188 Street and more specifically described in Exhibit "A"
attached, is hereby granted.
Section 2. Effective Date. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004- -
Page 2
PASSED AND ADOPTED this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this - day of June, 2004.
CITY CLERK
EXHIBIT" A"
1.EGAL DESCRIPTION
^ portion of the South half ofScction 3, Towl\ship 52 South, Range 42 East, Miami-Dade County,
Florida, 1\101'e pal1icularly described as follows:
"
Commence at lhe cenler of Section 3, Township 52 South, Range 42 Easl. Miami-
Dade Counly, Florida: thence run North 89 degrees 50'55" West along the North line
of the S.W. 1/4 of said Section 3 for a distance of 670.26 feet to the N.W. cornef of
the E 1/2 of the N.E. 1/4 of the S. W. 1/4 of said Section 3; thence nm South 0
degrees 39'25" East along the Weslline oflhe E 1/2 of the N.E. 1/4 of the S.W. 1/4
of said ScctiOI\ 3 for a distance of 1,107.11 feel to a point; lhence run North 89
degrccs 20'35" E,\st l'or a distance of 1,597.55 feel to a point; thence run North 0
degrees 39'25" West for a distance of35.0 feel to the point of beginning oflhe tract
ofland herein described; thence continue North 0 degrees 39'25"West for a distance
ofJ12.890 feel to the center line ofa canal; thence run South 89 degrees 56'45" East
along theeenicr line of said canal for a distance of218.716 feet 10 a point; thence run
Soulh 0 degrees 39'25" East for a distance of31 0.18 to a point; thence run Somh 89
degrees 20'35" West for a distance of 218.70 fcelto a point of beg inning.
Together with all rights to an easement in, Oil, under, through, over ami across the
entire 62.5 fOOl canal from its property 10 Dumfoundling Bay, in Ihe same manlier
and 10 Ihe same e~lent and with the same rights, as evidenced by Deed recorded in
OfJieial Records Book 1799, at Page 9, of the Public Records of Miami.Dade
County. Florida,
A"!'he C~ of
.M. ventura
-1)-
'."j
MINUTES
CITY COMMISSION MEETING
MAY 4, 2004 (following 6 pm LPA meeting)
Aventura Government Center
19200 W. Country Club Drive
Aventu'a. Flodda 33180
1. CAll TO ORDER/ROll CAll: The meeting was called to order by Mayor Jeffrey
M. Perlow immediately following the 6 p.m. Local Planning Agency meeting. Present
were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Manny Grossman,
Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow, City Manager Eric M. Soroka,
and City Attorney David M. Wolpin. City Clerk Teresa M. Soroka was absent due to
illness. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF AllEGIANCE.
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Cohen requested that item 6B be removed
from the Consent Agenda. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Holzberg, seconded by Commissioner
Beskin, unanimously passed and the following action was taken:
A.
The minutes of the April 13, 2004 Commission Meeting, and April 22,
2004 Workshop Meeting were approved.
The following item was removed from the Consent Agenda and addressed
separately:
B.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND lETTING A BID/CONTRACT
FOR BID NO. 04-4-19-2, BUS SHELTER #16 TO SELDIN
CONSTRUCTION, INC. AT THE BID PRICE OF $94,951.00;
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.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 2004-29
was adopted.
7.
ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
Mr. Wolpin read the following ordinance by title, noting 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:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING
MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING
DESIGNATION FOR ONE (1) PARCEL lOCATED AT THE
NORTHEAST CORNER OF NORTH COUNTRY CLUB DRIVE AND NE
34 AVENUE FROM CF, COMMUNITY FACILITY DISTRICT TO RMF4,
MULTI-FAMilY HIGH DENSITY RESIDENTIAL DISTRICT; PROVIDING
INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Perlow opened the public hearing. There being no speakers, the
public hearing was closed. A motion for approval of the ordinance was
offered by Commissioner Holzberg, seconded by Commissioner Cohen
and unanimously failed 0-7 by roll call vote.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DENYING AN APPLICATION TO REZONE
ONE (1) PARCEL OF lAND lOCATED AT THE NORTHEAST CORNER
OF NORTH COUNTRY CLUB DRIVE AND NE 34 AVENUE FROM CF,
COMMUNITY FACiliTIES DISTRICT TO RMF4, MULTI-FAMilY HIGH
DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval of the resolution was offered by Commissioner
Holzberg, seconded by Commissioner Cohen, unanimously passed and
Resolution No. 2004-28 was adopted.
B.
Mr. Wolpin read the following ordinance by title, noting 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:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE OFFICIAL ZONING
MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING
2
DESIGNATION FOR ONE (1) PARCEL lOCATED AT 3205 NE 188
STREET FROM RMF-3B, MULTIFAMilY MEDIUM DENSITY
RESIDENTIAL DISTRICT TO CF, COMMUNITY FACILITY DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; 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.
C.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING SECTION 2-394
"PENALTY", TO ENUMERATE ADDITIONAL SECTIONS OF THIS
ARTICLE VII AS BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI-DADE COUNTY ETHICS COMMISSION FOR
ENFORCEMENT; AMENDING SECTION 2-395 "DISCLOSURE OF
BUSINESS RELATIONSHIPS AND GIFTS" BY CLARIFYING THE
METHOD OF DISCLOSURE AND EXTENDING THE TIME PERIOD FOR
WHICH NEW BUSINESS RELATIONSHIPS MUST BE DISCLOSED BY
CITY COMMISSIONERS AND CITY ADVISORY BOARD MEMBERS;
CREATING SECTION 2-396 "FURTHER ETHICS STANDARDS;
PROHIBITIONS AND RESTRICTIONS", TO PROVIDE FOR THE
ENACTMENT OF ADDITIONAL PROHIBITIONS AND RESTRICTIONS
AND ETHICS STANDARDS BEYOND THOSE CURRENTLY PROVIDED
BY APPLICABLE STATE, COUNTY AND CITY ETHICS PROVISIONS,
INCLUDING PROVISIONS CONCERNING THE PROHIBITION OF
CERTAIN APPEARANCES, WORK OR PAYMENT, CONTINUED
RESTRICTIONS AFTER COMPLETION OF CITY SERVICE; FURTHER
RESTRICTIONS ON TRANSACTIONS; PROVIDING FOR SUCH
PROHIBITIONS AND RESTRICTIONS TO ALSO BE APPLICABLE TO
FIRMS, BUSINESS ENTITIES AND BUSINESS ASSOCIATES OF CITY
COMMISSION MEMBERS; PROVIDING FOR DEFINITIONS;
PROVIDING FOR THE STRICTER ETHICS PROVISIONS TO PREVAil;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen, and
seconded by Vice Mayor Diamond. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. An
amendment was offered by Commissioner Holzberg and seconded by
3
Commissioner Cohen to remove paragraph 6 on page 7. The motion
failed, 3-4, with Commissioners Auerbach, Cohen, and Holzberg voting
yes and Commissioners Beskin, Grossman, Vice Mayor Diamond and
Mayor Perlow voting no. An amendment was offered by Commissioner
Holzberg, seconded by Commissioner Cohen and unanimously passed to
provide that nothing herein will require a Commissioner to report a
perceived violation by another Commissioner. The motion for approval, as
amended, passed unanimously by roll call vote.
D.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ORDINANCE 2004-07 WHICH ADOPTED THE POLICE PENSION PLAN
AND TRUST FUND AS REQUESTED BY THE STATE OF FLORIDA
DIVISION OF RETIREMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING 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.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-06, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30) BY
REVISING THE 2003/2004 FISCAL YEAR BUDGET DOCUMENT AS
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 Vice Mayor 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 and Ordinance No. 2004-
09 was enacted,
9. RESOLUTIONS: None.
4
10.0THER BUSINESS: None.
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
Mr. Soroka announced that the Special Meeting scheduled for May 20, 2004 has been
rescheduled to 2 p.m. on May 14, 2004 with the Workshop Meeting following
immediately.
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.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to eppeal 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 end, for such purpose, may need to ensure that e verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
5
The c~ of MINUTES
AVentura COMMISSION WORKSHOP MEETING
-9i- MAY 14, 2004
Aventura Government Center
19200 W. Country Club Drive
Aventura. Flodda 33180
CAll TO ORDER/ROll CAll: The meeting was called to order 2:26 .m. by Mayor
Jeffrey M. Perlow. Present were Commissioners lev Auerbach, Jay R. Beskin, Ken
Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor Perlow,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
1. RESOLUTION NAMING ARTHUR I. SNYDER MEMORIAL PARK: Commission
discussed the proposed resolution.
CITY MANAGER SUMMARY: Consensus to revise resolution to clarify that the
proposed area may be used for other memorials should the Commission deem
appropriate. Resolution to be addressed at June Commission meeting,
3. SKYlAKE HIGHLAND lAKES HOA REQUEST: Scott Jay, Vice President of the
Skylake Highland Lakes HOA addressed the Commission concerning annexation of
these areas by the Ci1y. Other individuals addressing the Commission include:
Glenn Gottman, HOA President, Mr. Heck; Bari Shairman; Mark Guroff, Enchanted
lake; leonard Brenner, Muriel Cohen, Brenda Auerbach, and Susan Gottlieb.
CITY MANAGER SUMMARY: Consensus that staff provide their services to
perform a study relating to the feasibility of annexation, and that the City will not
expend any funds for consultant fees as a part of the study.
The Commission recessed for 5 minutes at this time and resumed at 5:04 p.m.
2. CAPITAL IMPROVEMENT PROGRAM 2004-2009: Mr. Soroka presented a
powerpoint presentation explaining this proposed plan.
CITY MANAGER'S SUMMARY: Consensus to proceed as presented. Resolution
for adoption to be considered at June Commission meeting,
4. CITY ATTORNEY REPRESENTATION-GUlFSTREAM PARK PROJECT:
(Commissioner Cohen): Commissioner Cohen discussed his concerns regarding
the City's law firm's representation of the City of Hallandale Beach and a potential
conflict concerning the Gulfstream redevelopment matter.
CITY MANAGER SUMMARY: No action necessary.
5. CITY MANAGER REVIEW: Commission discussed City Manager's performance
evaluation.
CITY MANAGER'S SUMMARY: Consensus that City Manager receive net $15,000
bonus and that his employment contract be amended to provide for participation in
the ICMA VantageCare Retirement Health Savings Plan.
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 6 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 mailer considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission Có
Eric M. Soroka, ICMA-CM, rrage
May 17, 2004
Resolution Adopting in Principle the Capital Improvement Program
Document 2004/05 to 2008/2009
TO:
FROM:
SUBJECT:
June 1, 2004 City Commission Meeting Agenda Item to 8
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution adopting, in
principle, subject to annual revision and authorization, the Capital Improvement
Program for 2004/05 to 2008/09.
BACKGROUND
The 2004/05 to 2008/09 Capital Improvement Program document was reviewed at the
May Commission Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO1289-04
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, ACCEPTING AND
ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL
REVISION AND AUTHORIZATION, THE CITY OF
AVENTURA CAPITAL IMPROVEMENT PROGRAM
DOCUMENT FOR FISCAL YEAR 2004105 TO 2008/09
AUTHORIZING THE CITY MANAGER TO DO All THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years
2004/05 to 2008/09, attached hereto was presented and recommended to the City
Commission of the City of Aventura by the City Manager as a long term plan of
proposed capital expenditures, the means and methods of financing the projects and
an action plan for the implementation of the projects; and
WHEREAS, the City Commission recognizes the need to adopt a Capital
Improvement Program to address Beautification and Parks, Transportation, Drainage
and Infrastructure Improvements, Public Buildings and Facilities, Information
Technology and Capital Equipment Purchase and Replacement which represents a
commitment by the community toward achievement and maintenance of a desirable
high quality of life for all residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital
Improvement Program which adopts a sound financing plan.
WHEREAS, the City Commission has reviewed the Capital Improvement
Program document at a public meeting of the City Commission and wishes to adopt
said document in concept.
Resolution No. 2004--
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Commission hereby accepts and adopts in principle,
subject to annual revisions and authorization, the City of Aventura Capital Improvement
Program document for fiscal years 2004/05 to 2008/09 attached hereto and
incorporated herein as specifically as if set at length herein.
Section 2.
The City Manager be and the same is hereby authorized to do all
things necessary and expedient in order to carry out the aims of this Resolution.
Section 3.
This Resolution shall take effect immediately upon adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption.
The motion was seconded by Commissioner
, upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004--
Page 3
PASSED AND ADOPTED this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO lEGAL SUFFICIENCY:
CITY ATTORNEY
City of A ventura
Capital Improvement Program
In Brief
2004/05 - 2008/09
~ .I
e e~ 0& ~øP
.
CIP IN BRIEF
2004 - 2009
This document has been prepared by the City of Avenmra to provide important information to the public. This
briefing is a summar/zed version of the 2004-2009 Capital Improvenumt Program document
This document represents an update of the CIP that was originally prepared for the five
year cycle of 2003 to 2008. The update process is important for the CIP to become a
continuing and ongoing planning/implementation process. The last four years of last
year's program were reevaluated in light of unanticipated needs, cost revisions, new
project priorities and the financial condition of the City. In addition, the CIP was updated
to add new projects in the fifth year (2008/09) to complete the cycle. Projects included
within the framework of the program were based on input from Commissioners, staff,
City consultants and citizens.
The primary goal of the Capital Improvement Program is to develop a long - term plan of
proposed capital expenditures, the means and methods of financing, and a schedule of
priorities for implementation. The program forms the foundation for governmental
participation in the development process and represents a commitment by the community
toward the achievement and maintenance of a desirable high quality of life.
Major emphasis was placed on the following projects:
. Cultural Arts Center
. Charter Middle School Wing Construction
. Waterways Park Development
. Transportation, Street Lighting & Safety Improvements
. Stormwater Drainage Improvements
. Citywide Beautification Improvements
. Park Maintenance Projects
$16,000,000
4,100,000
4,047,000
2,695.694
1,605,000
265,000
188,250
It is significant to note that the funding plan has little financial impact on residents and
the community. Importantly, it continues to establish an ongoing mechanism to address
the City's infrastructure needs. A 5% increase in the operating ad valorem tax rate in
2007/08 is recommended to support diminished revenues ITom growth and increased
costs associated with new facilities and expanded services. This would represent the first
tax increase in the history of the City in an II year period. The average cost to a
residential home would be $25.00 a year. It is anticipated that the City would still have
the lowest tax rate in Miami-Dade County.
CIP In Brief
1
OVERVIEW OF RECOMMENDED PRO.JECTS
The proposed 2004 - 2009 Capital Improvement Program includes 24 projects in 5
functional categories with a total value of $33,522,552, The following represents the
percentage of total funding that each functional category has been allocated:
Beautification & Parks Facilities (13%), Public Buildings and Facilities Improvements
(60%), Transportation, Drainage and Infrastructure Improvements (13%), Capital
Equipment Purchase and Replacement (7%) and Information/Communication
Technology (7%).
The following table presents a summarized breakdown of the costs ofthe various projects
recommended for funding categorized by major function for each of the five years
covered by the Capital Improvement Program.
Table I
Capital Improvement Program
2004/05-2008/09
Summary By Function
Program
Beautification & Parks Facilities
2004105
S 1,002,250
2005106
S 3,433,000
2006107
S 0
2007108
S 65,000
2008109
S 0
TOTAL
S 4,500,250
Transportation, Drainage &
Infrastructure
1,529,700
975,994
650,000
550,000
595,000
4,300,694
Public Buildings & Facilities
4,121,200
8,000,000
8,000,000
20,121,200
Information/Communication
Technology
555,350
419,700
453,000
343,050
418,000
2,189,100
Capital Equipment
515,500
418,900
481,790
521,768
473,350
2,411,308
Totals
S 7,724,000
S 5,247,594
S 9,584,790 S 9,479,818 S 1,486,350
S 33,522,552
Capital Equipment
7%
Beautification & Parks
13%
Tranaportation.
Drainage &
Infraatructura
13%
CIP In Brief
2
SUMMARY OF PROJECTS BY LOCATION AND YEAR
The following outlines the major projects by location and the year they are proposed to
be funded:
Location
Diredional Signs
Founders Park Improvements
Waterways Park Development
Cbarter Middle Scbool Construction
Conntry Club Drive Exercise Patb
NE 185~ Street Connector
Miami Gardens Drive Improvements
William Lehman Causeway
Hospital Distrid Area
Yacbt Club Drive
Cultural Arts Facility
NE 207'" Street
Aventura Blvd
Traffic Video Monitoring System
Community Center Improvements
Capital Improvement Program
2004/05-2008/09
Summary By Location
Beautification
Improvements
Transportation
Improvements
Street Drainage
Ligbting Improve
Park
Improve
Facilities
Improve
2004105
2004107
2004105
2004105
2004105
2005106 2004105 2004105
2005106
2004105 2004105
2004-2005
2006107/08
2005106 2004105
2005106
2004-2008
2006-2008
2004105
SlJMMARY OF MAJOR REVISIONS
The following represents the significant revisions or modifications to the proposed CIP
compared to the prior document:
NE 185th Street (Jack Smith Blvd) Connector Improvements -$495,994.
Added Miami Gardens Drive Extension Upgrades- $225,000.
Added Lehman Causeway Service Road Street Lights - $165,000
Added Lehman Causeway Beautification (west)- $150,000
Added Directional Sign Upgrades Citywide - $100,000.
.
.
.
.
.
CIP In Brief
3
CAPITAL IMPROVEMENT PROGRAM 2001-2006
HIGHLIGHTS
Construction of new $4,100,000 Charter Middle School Wing Addition serving 6-
8 grades on NE 188th Street.
.
Development and construction of the expanded 6 acre Waterways Park facility on
NE 2 13th Street.
.
Street lighting, drainage and sidewalk improvements to NE 185th Street connector
(Jack Smith Boulevard)
.
Construction of a Cultural Arts Center to expand cultural activities for the
community and enhance the quality of life for residents.
.
Implementation of $904,700 Traffic Video Monitoring Program which provided
for the installation of cameras at key intersections to allow the Police Department
to monitor and respond to traffic conditions.
.
Utilizes a stormwater utility program to correct and improve drainage along
roadways for certain areas of the City. A total of $1,605,000 worth of
improvements will be completed during the five year period.
.
Implementation of $565,000 of transportation improvements that includes
citywide directional sign upgrades, street lighting for Lehman Causeway access
roads and Miami Gardens Drive Extension.
.
A total of $265,000 of Citywide beautification improvements including median
landscaping and newspaper stands is funded to continue to fulfill our goal of
bein~ the most beautiful City in South Florida. Major improvements include: NE
207t south swale area and William Lehman Causeway west of Country Club
Drive.
.
Road maintenance projects that total $930,000 to enhance safety are included for
NE 207th Street, Aventura Boulevard and Yacht Club Drive and Williams Island
Road.
.
Provides the necessary equipment to continue to provide high quality and
effective police services
.
Continues the implementation of technology improvements and management
information systems to enhance the productivity and efficiency of city operations.
.
Ensures that the tools of production, vehicles, equipment and technology, are
available for city operations.
CIP In Brief
4
FUNDING PLAN SUMMARY
The following represents an overview of the major points of the recommended funding
plan:
1. Utilize "pay - as - you - go" financing through annual appropriations to fund
$25,722,552 of the total five year amount of$33,522,552
2. If approved by the voters, and subject to obtaining $9,500,000 in private donations,
issue long term general obligation bonds with proceeds in the amount of $6,500,000
to fund the Cultural Arts Center. The annual debt service payment of $500,000 would
be paid from a voter approved debt service tax increase of 7.0%, which is
approximately $32.00 a year for the average resident.
3. Utilize General Fund reserves in the amount of $4,100,000 to fund the Charter
Middle School Wing construction in 2004/05.
4. Utilize funding ITom impact fees and grants in the amount of $1,314,250 to assist in
the funding of the Waterways Park and police equipment.
5. Adopt a 5% increase in the operating ad valorem tax rate in 2007/08 to support
diminished revenues from growth and increased costs associated with new facilities
and expanded services. This would represent the first tax increase for general
government purposes in the history of the City in an 11 year period. The average cost
to a residential home would be $25.00 a year, It is anticipated that City would still
have the lowest tax rate in Miami-Dade County. If operating expenditures increase at
a higher rate than expected, unanticipated events reduce key revenue sources, or an
unforeseen emergency occurs during the five year period other operating ad valorem
tax rate increases will be required. It should be made clear that the funding plan is
based on a series of projections and assumptions. If events occur that revise the
projections and assumptions, the financing plan will have to be updated and amended.
The following table reflects the distribution of all proposed projects to the funding source
or mechanism, which is appropriate for funding the projects for each of the five years of
the program.
Funding Source
General
Police Impact Fees
Stormwater Utility
Parks Development
Grants
Loan Proceeds
GO Bond
Transportation Fund
Private Donations
Capital Improvement Program
2004/05-2008/09
Summary By Funding Source
2004105 2005/06 2006/07 2007/08 2008/09 TOTAL
5,785,750 3,718,100 835,290 821,818 836,350 11,977,308
98,250 253,500 99,500 108,000 55,000 614,250
640,000 415,000 250,000 250,000 50,000 1,605,000
400,000 0 0 0 400,000
300,000 300,000
250,000 0 0 0 250,000
0 0 6,500,000 0 6,500,000
570,000 560,994 400,000 300,000 545,000 2,375,994
0 0 8,000,000 1,500,000 0 9,500,000
7,724,000 $ 5,247,594 $ 9,584,790 $ 9,479,818 $ 1,486,350 $ 33,522,552
CIP In Brief
5
OVERVIEW FIVE YEAR FUNDING PLAN
This chart provides an overview of the funding plan for the General Fund including
projected revenues and expenditures over the next five years.
TABLE 3
RECAP OF AVAILABLE RESOURCES V1I PROPOSED APPROPRIATIONS
GENERAL CAPITAL IMPROVEMENT PROGRAM
2004/05 2005/06 2006/07 2007108 2008/09
TOTAL PROJECTED AVAILABLE RESOURCES $23,417.553 $24,425,086 $25,144.402 $26,702,646 $27,729,462
PROJECTED OPERATING EXPENDITURES 18741,700 20,404,511 21,950,517 23,495,529 25.165909
SUBTOTAL 4.675,853 4,020,576 3.193,885 3,207.117 2,563.553
LESS DEBT SERVICE REQUIREMENTS 2.250,000 2,250.000 2,250.000 2250,000 2,250,000
TRANSFER TO GENERAL CAPITAL IMPROVEMENT
PROGRAM 2,425,853 1.770,576 943,885 957,117 313,553
BALANCE FROM PREVIOUS YEAR 11.761,278 8421,381 6.473,856 6,582.451 6,717.750
TOTAL AVAILABLE RESOURCES FOR CIP 14.187.131 10,191.956 7,417.741 7,539,568 7,031,303
PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIP 5,765,750 3.718,100 835,290 821,818 836,350
BALANCE IN CIP - END OF YEAR $8,421,381 $6,473.856 $6.582,451 $6,717.750 $6,194.953
The City's finances remain strong and healthy over the five year period, however the
need for a tax increase in the forth year (2007/08) should be seriously evaluated by the
City based on economic trends at that time. A 5% increase in the ad valorem tax rate in
2007/08 is recommended to support diminished revenues from growth and increased
costs associated with new facilities and expanded services.
$30,000,000
$5,000,000
.....;...::- ".. .......
- ..
.. .. .. " ~
.. .. ..
.. --
---
.. .. Revenues
- Expenditures
--'-CIP
-Fund Balance
------
-.
-- '-
-
-
-..--.-------..---
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$0
2004/05
2005/06
2006/07
200708
2008/09
CIP In Brief
6
2004/05 CAPITAL BUDGET
The following projects are scheduled for the fiscal year beginning October I, 2004 and
ending September 30,2005:
Project
Amount
Waterways Park Development Design/Electrical Line
Relocation
$697,000
Middle School Wing Addition
4,100,000
NE 185th Street Connector Improvements
495,994
Founders Park Improvements
39,250
Citywide Beautification Improvements:
Lehman Causeway (west)
150,000
Install 3 newspaper racks, 3 benches and trash receptacles
32,000
Country Club DR. Jogging Path Improvements
84,000
Hospital district South Collector Drainage Improvements
440,000
Street Lighting Improvements:
Lehman Causeway Access Roads
165,000
Traffic Video Monitoring System Program
54,700
NE 207th Street Resurfacing
370,000
Directional Signs
100,000
Community Center Improvements
21,200
Computers & Communications:
555,350
Capital Equipment
515,500
Total Capital Projects Expenditures
$7,724,000
CIP In Brief
7
FIVE YEAR ESTIMATES
The following tables represent estimates of revenues and expenditures relating to the General
Fund during the five year period:
TABLE 1
PROJECTION OF RESOURCES AVAILABLE FOR GENERAL GOVERNMENT SERVICES
200312004 200412006 200512006 200612007 200712008 200812009
CURNENTVEAR REVENUES AVAILABLE FOR
GENERAL GOVERMENT SERVICES
AD VALOREM TAXES $10,016,000 $10,466,720 $10,937,722 $11,429,920 $11,944,266 $12,481,75a (a)
AD VALOREM TAXES.NCREASE" 597,213 624.088 (b)
FPL FRANCHISE FEES $1,620,000 1,668,600 1718,658 1,770,218 1823,324 1,878.024 (o)
FRANCHISE FEES 297,000 305,910 315,087 324,540 334,276 344,304 (')
UTILITY TAXES 5,366000 5,547,580 5,714007 5,885,428 6,061,990 6,243,850 (o)
CITY OCCUPATIONAL UCENSES 698,000 718,940 740,508 762,723 785,605 809,173 (f)
BUILDING RELATED REVENUE 1,010,000 920,100 829,301 500,000 500,000 500,000 (9)
STATE SHARED REVENUES-UNRESTRICTED 255,000 263,925 273162 282,723 292,618 302,660 (h)
HALF CENT SALES TAX 1,500,000 1,552,500 1,606,838 1,663,077 1,721,285 1,781,529 (I)
CHARGES FOR SERVICES 782,500 809,888 838,234 867,572 897937 929,065 U}
FINES AND FORFEITURES 165,000 169,950 175,049 180,300 185,709 191,280 (k)
CHARTER SCHOOL LAND LEASE PAYMENTS 11,000 56,000 104,000 (I)
CHARTER SCHOOL BUILDING LEASE PAYMENTS 250,000 250,000 250,000 250,000 (I)
FOOT GRANT 172,000
MISC. REVENUES 50,000 50,000 50,000 50000 50,000 50,000
INTEREST ON INVESTMENTS 100,000 100,000 103,500 107,123 110,872 114,752
COUNTY OCCUPATIONAL UCENSES 20000 20000 20000 20000 20000 20000
TOTAL CURRENT YEAR REVENUES $22,071,500 $22.594113 $23,572,066 $24,104,623 $25,631,096 $26,624,985
TRANSFERS FROM TRANSPORTATION FUND 572,500 586,065 606,315 783,376 805,066 827,520
TRANSFERS FROM SCHOOL FUND 15,600 33,000 34,155 35,350 06,586 a7,868
TRANSFERS FROM STORMWATER UTILITY 398,904 204,375 212,550 221,052 229,894 239,090
TOTAL AVAILABLE $ 23,058,504 $ 23417553 $ 24,425,086 $ 25,144,402 $ 26,702,646 $ 27729,462
TABLE 2
PROJECTION OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES
DEPARTMENT 2003104 2004105 2005105 2005/07 2007108 2008/09
City Commission $111,393 $ 113,621 $ 115,893 $ 118,211 $ 120,575 $ 122,987
Office ofthe City Msnage' 610,712 659,569 712,334 769,321 830,867 897,336
Finance Support Services 1,099,761 1,222.742 1,320,561 1,426,206 1,540,303 1,663,527
Legal 233,000 237.660 242,413 247,261 252,207 257,251
CltyCle" 218,719 236,217 255,114 275,523 297,565 321,370
Public Safety 8,375,251 9,212,776 10,041,926 10,945,699 11,821,355 12,767,064
Community Deyelopment 1,502,551 1.515,242 1,478,885 1,438,041 1,370,563 1,300,385
Community Services 4,083,816 4,410,521 5,013,363 5,414,432 5,847,587 6,315,394
Non - Departmental 1 049400 1 133352 1 224020 1315822 1414 508 1 520 596
TOTAL PROJECTED OPERATING EXPENDITURES
GENERAL GOVERNMENTAL SERVICES $ 17,284,603 $ 18741,700 $ 20,404,511 $ 21,950,517 $ 23,495,529 $ 25,165909
General Fund Transfer to 1999 Debt Service 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000
General Fund Transfer to 2000 Debt Service 485,000 485,000 485.000 485,000 485,000 485,000
General Fund Transfer to 2002 Debt Service 400 000 400 000 400 000 400000 400000 400 000
TOTAL PROJECTED DEBT SERVICE REQUIREMENTS 2.250,000 2,250,000 2.250,000 2,250,000 2,250,000 2,250,000
TOTAL PROJECTED EXPEN"TURES $ 19 534,603 $ 20,991,700 $ 22.654,511 $ 24200 517 $ 25,745,529 $ 27,415,909
CIP In Brief
CIP In Brief
CITY OF A VENTURA
CITY COMMISSION
Mayor Jeffrey M. Perlow
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
CITY MANAGER
Eric M. Soroka
DEPARTMENT DIRECTORS
Weiss Serota Helfman Pastoriza & Guedes, P.A., City Attorney
Harry M. Kilgore, Finance Support Services
Robert M. Sherman, Community Services
Teresa M. Soroka, City Clerk
Thomas Ribe1, Police Chief
Joanne Carr, Planning Director
Mariano Fernandez, Building Director/Official
Dr. Katherine Bray Murphy, Charter School Principal
AGENDA ITEM 6-C
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THIRD
AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY MANAGER AND THE CITY OF
AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Employment Agreement (the "Agreement") between the City
Manager and the City of Aventura (the "City") provides for an annual evaluation of the
performance of the City Manager in accordance with Section 1.4 of the Agreement; and
WHEREAS, the City Commission has conducted an evaluation of the City
Manager's performance and finds that the City Manager's performance is excellent; and
WHEREAS, the City Commission desires to grant a merit bonus and other
benefits to the City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Effective June 1, 2004, the City Manager is hereby granted a net
bonus of $15,000.
Section 2. The Third Amendment to Employment Agreement, a copy of which
is attached hereto, amending Section 1.15 "Retirement Health Savings Program", is
hereby approved and the Mayor and City Clerk are hereby authorized, in their
respective capacities, to execute such Second Amendment to Employment Agreement
on behalf of the City.
Section 3.
This Resolution shall take effect immediately upon adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004--
Page 2
PASSED AND ADOPTED this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO lEGAL SUFFICIENCY:
CITY ATTORNEY
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made
and entered into this 1st day of June, 2004, by and between the City of Aventura
(the "City") and Eric M. Soroka, City Manager ("Soroka" or "City Manager").
WHEREAS, on April 19, 1996, the parties entered into the Employment
Agreement (the "Agreement") providing the terms and conditions of Soroka's
employment as City Manager of City, which Agreement was amended on July
21, 1997 and June 4, 2002; and
WHEREAS, in accordance with the annual evaluation conducted by the
City Commission pursuant to Section 1.4 of the Agreement, the parties desire to
further amend the Agreement as provided in this Third Amendment to
Employment Agreement (the "Third Amendment to Agreement"); and
WHEREAS, the Agreement, as previously amended and as amended
herein, shall constitute the Second Amended Agreement.
NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL
PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY
MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED,
IS HEREBY FURTHER AMENDED, AS FOllOWS:
Section 1. That Section 1 of the Agreement, is hereby amended, by
adding the following:
1.15 Retirement Health savings Program. Take all actions necessary to
enroll the City Manager in the ICMA VantageCare Retirement Health Savings
Plan (RHS Program). The City shall make a contribution into the RHS Program,
on behalf of City Manager, equal to 4% of the City Manager's salary. The
contribution shall be made in payments coinciding with each salary payment to
City Manager.
Section 2. City and City Manager further agree that all other terms and
conditions contained in the Amended Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the City and City Manager have caused this
Second Amendment to Agreement to be signed and executed, in duplicate, the
day and year first above written.
City Manager
City of Aventura
Eric M. Soroka, ICMA-CM
Jeffrey M. Perlow, Mayor
Attest
Approved as to form and
legal sufficiency:
Teresa M. Soroka, CMC, City Clerk
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission fd
Eric M. Soroka, ICMA-CM, City"" ana r
May 17, 2004
Resolution Naming Arthur I. Snyder Memorial Park
TO:
DATE:
SUBJECT:
June 1, 2004 Commission Meeting Agenda Item iç, D
Attached hereto, is the subject Resolution which names a portion of the Community
Recreation Center grounds as the Arthur I. Snyder Memorial Park.
A dedication ceremony will be scheduled in approximately 60 days.
EMSlaca
Attachment
CCO1291-04
RESOLUTION NO. 2004- -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, NAMING A PORTION OF
THE CITY OWNED PROPERTY ADJACENT TO THE
AVENTURA RECREATION CENTER AS THE ARTHUR I.
SNYDER MEMORIAL PARK AS A MEMORIAL IN
RECOGNITION OF THE DISTINGUISHED SERVICE
RENDERED TO THE CITY BY THE CITY'S FIRST MAYOR,
ARTHUR I. SNYDER; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the procedures provided by Resolution No. 2000-39, the
City Commission desires to honor and recognize for his outstanding service to the City,
the late Arthur I. Snyder, by designating and naming a parcel of City owned land as the
Arthur I. Snyder Memorial Park, as described herein; and
WHEREAS, the specific parcel of City owned property which is hereby designated
as the Arthur I. Snyder Memorial Park is that certain open space area situated north of
the City's recreation center, and more particularly described on the sketch which is
attached hereto and incorporated herein as Exhibit "A"; and
WHEREAS, the Arthur I. Snyder Memorial Park shall serve as a permanent
memorial in recognition of the outstanding service rendered to the City of Aventura and to
all of its citizens by Arthur I. Snyder, in his capacity as the first Mayor of the City; and
WHEREAS, it is the intention of the City Commission that although other portions
of the areas adjacent to the recreation center may be subsequently used for additional
improvements, the area designated as the Arthur I. Snyder Memorial Park shall be kept
and preserved as a landscaped and grassed open space area at which additional
monuments may be installed pursuant to Resolution No. 2000-39.
Resolution No. 2004--
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1.
Recitals Adopted.
That each of the above-stated recitals is
hereby adopted and confirmed.
Section 2.
Park Designation. That the Arthur I. Snyder Memorial Park is
hereby established and recognized, pursuant to this Resolution and as described in
Exhibit "A," attached hereto.
Section 3.
Implementation.
That the City Manager is hereby authorized to
provide for the installation of a suitable monument at the Arthur I. Snyder Memorial
Park, and to take all steps necessary to cause the facility to be recognized as the Arthur
I. Snyder Memorial Park. Further, the City Manager is authorized to arrange for a
suitable dedication ceremony.
Section 4.
Effective Date.
That this Resolution shall become effective
immediately upon adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption.
This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
2
Resolution No. 2004--
Page 3
PASSED AND ADOPTED this 1 st day of June, 2004.
JEFFREY M. PERLOW. MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO lEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission ~
Eric M. Soroka, Cit7rge
Antonio F. Tomei, Cap I Pr ects Manager á fJ
May 17, 2004
TO:
FROM:
BY:
SUBJECT:
Bid No: 04-05-06-2
June 1, 2004 City Commission Meeting Agenda Item is:, E
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 04-05-06-2, Hospital District NE 213th Street Connector Improvements to the
lowest responsible and responsive bidder, Horizon Contractors, Inc. for the price of
$289,000.00 The project is included in the Capital Improvements Program with a
budget of $415,000 under Community Services Line Item Number 410-5001-538-6316.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on May 6, 2004. The City received three (3) bids for this
project.
Horizon Contractors, Inc.
American Engineering & Development Corp.
Globetec Construction
$289,000.00
$499,950.00
$678,250.00
This bid price allows for the construction of drainage improvements extending the
existing drainage system on NE 213th Street west across Biscayne Boulevard for future
Hospital District connection.
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. 04-05-06-2, HOSPITAL DISTRICT NE 213TH STREET
CONNECTOR IMPROVEMENTS, TO HORIZON CONTRACTORS, INC.
AT THE BID PRICE OF $289,000.00. 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. 04-05-06-2, Hospital District NE
213th Street Connector 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 Horizon Contractors, 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:
Resolution No. 2004-
Page 2
Section 1:
That bid/contract for BID NO. 04-05-06-2, Hospital District NE 213th
Street Connector Improvements, is hereby awarded to Horizon Contractors, Inc. in the
amount of $289,000.00.
Section 2:
That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3:
That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4:
That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from
Community Services Budget Line Item Number 410-5001-538-6316.
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 lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004-
Page 3
PASSED AND ADOPTED this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO lEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
BID TABULATION
BISCAYNE BLVD. DRAINAGE CROSSING
BID NO, 04-05-06-2
BID OPENING AT 2:00 PM ON MAY 6.2004
Total Base Bid Alternate Bid Addendum 1 Proper Bid Schedule Subs Listed Bidder
Items Acknowledged Bond of Values Qual. Stm\.
Horizon Contractors 289,000,00 0.00 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Competencies
Affidavit
No Yes Yes Yes Yes
Total Base Bid Alternate Bid Addendum 1 Proper Bid Schedule Subs Listed Bidder
items Acknowledged Bond of Values QuaL Stm\.
American Engineering 499.950.00 0.00 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Included Entity Crime Bid Insurance Compelencies
Affidavit
No No Yes Yes Yes
Total Base Bid Alternate Bid Addendum 1 Proper Bid Schedule Subs Listed Bidder
items Acknowledged Bond of Values Qual. Stm\.
Globetec Construction 678,250.00 796.000.00 Yes Yes Yes Yes Yes
Project Manual Public 4 Copies of Certificate of Certificate of
Included Enlity Crime Bid Insurance Competencies
Affidavit
No Yes Yes Yes Yes
SECTION 00410
BID FORM
THIS BID IS SUBMITTED TO:
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
BID FOR: Biscayne Boulevard Culven Crossing
BID No: 04-05-06-2
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of A ventura in the fonn included in the Contract Documents to perfonn and furnish all Work as specified
or indicated in the Contract Documents for tbe Contract Price and within the Contract Time indicated in this
Bid and in accordance with the other tenns and conditions of the Contract Documents.
BIDDER accepts all of the tenns and conditions of the Advenisement or Invitation to Bid and
Instructions to BIDDER'S, including without limitation those dealing witb the disposition of Bid
Security. This Bid will remain subject to acceptance for 180 days aftef the day of Bid opening.
BIDDER agrees to sign and submit the Agreement with tbe Bonds and other documents required by
the Bidding Requirements within ten days after tbe date of City's Notice of A ward.
1.
In submitting this Bid, BIDDER represents, as more fully set fonb in the Agreement, that
(a)
(b)
(c)
(d)
BIDDER bas examined copies of all tbe Bidding Documents and of the following Addenda
(receipt of all wbich is hereby acknowledged.)
Addendum No. Dated:.
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
BIDDER has familiarized themselves witb the nature and extent of the Contract Documents,
Work, site, locality, and allloca] conditions and Law and Regulations that in any manner may
affect cost, progress, perfonnance or furnishing of the Work.
BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings
of pbysical conditions,
BIDDER has obtained and carefully studied (or assumes responsibility for obta.jning and
carefully studying) all sucb examinations, investigations. explorations, tests and stUdies (in
addition to or to supplement those referTed to in (c) above) whicb pertain to the subsurface or
physical conditions at tbe site or otherwise may affect the cost, progress, perfonnance, or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance with
the other tenns and conditions of the Contract Documents, and no additional examinations,
investigations, explorations, tests, repons or similaf infonnation or data are or wi1J be required
by BIDDER for such purposes.
Biscayne Boulevard Culvert Crossing
City of Aventufa Bid No, 04-05-06-2
CT&A Project No, 01-0103,035
00410 - 1
(e)
BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similaf infonnation or
data in respect of said Underground Facilities are or will be required by BIDDER in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
(I)
BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests. reports and studies with the terms and conditions of the Contract
Documents.
(g)
BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by Consultant is
acceptable to BIDDER.
(h)
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; BIDDER has not directly or indirectly
induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has
not sottght by collusion to obtain for itself any advantage over any other BIDDER or over the
City.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the
Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and
when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to
reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope
of Project after the Contract Date.
3.
As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and
services necessary to pfovide a complete in place Project for the Bid Price of:
~VJO h\\t\Jf,J OJ. 1~~ttf1 r1¡tlL +¡'oLU'Il1d
- dollars and
VLr ð un t J cents LUMP SUM
(Written Total Bid Price - From Schedule Of Values)
4.
BIDDER agrees that the work will be complete in full within 90 calendar days from the date
stipulated in the Notice to Proceed.
Communications concerning this Bid shall be addressed to:
BIDDER:
Address:
!ir~:?l'lj ~n~(s, me
'7, - W ? r;. -.' . / tI7QlffJh -Fe ?J3:J /?
,
Biscayne Boulevard Culver! Crossing
City of Avenrura Bid No. 04-05-06-2
CT&A Project No, 01-0103,035
00410 - 2
(J()tj) ?? 2 X" - 7 () C, ()
('1/Jr;) RZ(rOCJO5
\TO,çe />1. c;onchez
Telephone
Facsimile Number
Attention:
5.
The tetmS used in this Bid which afe defined in the General Conditions of the Construction Contract
included as part of the Contract documents have the meanings assigned to them in the General
Conditions.
SUBMITTED THIS DAY
MD\/
I
(¡; .20 /)Lf
Biscayne Boulevard Culvert Crossing
City of Aventura Bid No. 04-05-06-2
CT&A Project No, 01-0103.035
00410-3
SCHEDULE OF VALUES
FOR LUMP SUM
CONTRACT
GENERAL REQUIREMENTS
BASE BID
Item
Quantity
Description Unit Unit Price Extended Cost
GENERAL
General Conditions LS $ I.<OOO,¡!~ $ ~' 000. C!.E.
Mobilization LS $ 33J,OO, 0": $ 335ðO.~.:'
Clearing and Grubbing LS $J.6<tJO.c:q $ ,5[0(1.09
2
DRAINAGE
Type 'C' Drainage Manhole (72" Round) EA $ ¡GOOO.I!!! I ¿JOG 0 . :.g
2 2 Type 'C' Drainage Manhole (96" Round) EA $ 30000,OE, bOOOO . ~Q.
199 54" Reinforced Concrete Pipe LF $.0:{ 50. 0':; fiCl f> 5"0. ~
4 Connect to Existing Drainage Structure LS $ 2OO0.~ $ '2.000. °.£
5 30 Replace Existing Concrete Sidewalk SY $ 5'0. '!.!' $ ¡£;oo.os!
6 65 Replace Existing Type 'F' Curb & Gutter LF $ 30. o.!',. $ 1'1;'0. ~2
7 200 Pavement Restoration SY $ '1D.o~ $ /8000. ".s:.
800 Mill and Resurface Asphaltic Concrete Wearing 50. (I!!.. $ .:fomo. ".£.
SY $
Course 500.t!!- 5ðo. OS!
9 Replace Pavement Markings (lnc1usi ve of Traffic LS $ $
Signal Equipment)
TOTAL V ALOE OF BASE BID
$
281 (I 00. 00
,
Biscayne Boulevard Culvert Crossing
City of A ventura Bid No. 04-05-06-2
CT&A Project No. 01-0103,035
00410-4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission ~
Eric M. Soroka, ICMA-CM, City ~ g
May 18, 2004
TO:
FROM:
SUBJECT:
Disbursement of Police Forfeiture Funds
June 1, 2004 City Commission Meeting Agenda Item ~F
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing 1he appropriation of up to $25,000 for the Juvenile Drug
Program, crime prevention supplies and equipment, and traffic 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.
EMSlaca
Attachment
CCO1293-04
CITY OF AVENTURA
POLICE DEPARTMENT
FROM:
Thomas E. Ribel,
TO:
DATE:
May 18,2004
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:
Juvenile Drug Program
Crime Prevention Supplies and Equipment
Traffic Unit Equipment
Total Expenditure Request:
$ 5,000.00
$10,000.00
$10,000.00
$ 25,000.00
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 not considered in the adoption and approval of the budget
of the Police Department.
Summary
Juvenile Drug Program DFYIT (Drug Free Youth In Town) - A youth oriented
drug program aimed at keeping young children drug free through their school
and adult lives.
Crime Prevention Supplies & Equipment - This is for printing, child safety
products, air conditioning for the crime prevention trailer, snow cone and popcorn
machine and supplies.
Traffic Unit Equipment - Motorcycle helmets with advanced radio
communications gear, electronic drag factor meter, tint meters and traffic cones.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~
Eric M. Soroka, ICMA-CM, C' - ana er
May 18, 2004
law Enforcement Mutual Aid Agreement Between the City and the
City of Hallandale Beach
June 1, 2004 City Commission Meeting Agenda Item LG
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 Hallandale
Beach.
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.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Terrorist activities including, but not limited to, acts of sabotage.
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
CCO1294-04
Thomas A. Magill, Chief of Police
~
H ALLANDALE BEACH
City of Choice
Hallandale Beach Police Department
400 S. Federal Hwy" Hallandale Beach, FL 33009
Phone: 954-457-1411 Fax: 954457-1655
¡J~{
¡U .t~~
April 28,2004
,-....,""'-
"'i:",i:JV'::
Chief Thomas Ribe!
Aventura Police Department
19200 W. Country Club Drive
Aventura, FL 33180
c 3 200\
~OL1C" L':;',
Dear ChiefRibel:
I am pleased to enclose three original executed Mutual Aid Agreements between the City
of Hallandale Beach and the City of Aventura Police Departments. Once fully executed
by your officials, please provide us with two originals for our files.
As you are aware, we have entered into this agreement to provide the best of law
enforcement services to our respective communities. I am looking forward to continuing
the fine relationship shared by our agencies with this agreement.
Sincerely,
1LQ~
Thomas A. Magill
Chief of Police
TAM/md
Enclosure(s): Three Original Agreements
cc: E. Dent McGough, City Clerk
P,ITXTEXEC12004 DoçumentslAI04144 Mutual Aid Agceement with Aventura.doc
MUTUAL AID AGREEMENT
Between the Hallandale Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of Hallandale
Beach, 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 and manmade conditions which
are, or are likely to be, 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 and safety, and to preserve the lives and property of the people
of the participating Dade & Broward County municipalities; and
WHEREAS, the participating Dade & Broward County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into
a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Hallandale Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1.
Short title:
Mutual Aid Agreement
2.
Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3.
Definitions:
A.
Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
4.
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B.
Agency or participating law enforcement agency: Either the
City of Hallandale Beach Police Department or the participating
municipal police department.
C.
Agency Head: Either the Chief of the City of Hallandale Beach
Police Department, or the Chiefs designees, and the Chief of
Police of the participating municipal police department, or the
Chiefs designees.
D,
Participating municipal police department: The police
department of any municipality in Dade & Broward County,
Florida, that has approved and executed this Agreement upon the
approval of the governing body of the municipality.
E.
Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
Operations:
A.
In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B.
Each party to this Agreement agrees to furnish necessary man
power, 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,
unreasonably, its own manpower, 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 such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5.
Powers, Privileges, Immunities, and Costs:
A.
All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are
actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall pursuant to the provisions
of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing 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, equip-
ment, or facilities pursuant to the provisions of this Agreement
shall bear any loss or damage to same and shall pay any and
all expenses incurred in the maintenance and operation of same.
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 pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D.
All exemptions from 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
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision 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 its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing 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 Florida Contraband Forfeiture Act.
8.
Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will 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 of signing, through and including January 1, 2008, and under no
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 at the
discretion of the chief executive offic f the parties hereto.
,200_.
City Manager, City of Aventura, Florida
ATTEST:
City Clerk, City of Aventura, Florida
TERESA M, SOROKA, CMC/AAE
EDAS TO FORM AND LEGAL SUFFICIENCY:
City Attorney, City of Aventura, Florida
dale Beach, FL
.......".
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JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF HAllANDAlE BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participa1ing law enforcement
agencies shall be considered to be operating under the provisions of the Mutual
Aid Agreement when:
participating in law enforcement activities 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, hereto
entered into by the City of Aventura, Florida, and the City of Hallandale Beach,
Florida, it is hereby 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. Said 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, 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
5.
Terrorist activities including, but not limited to, acts of sabotage
6.
Escapes from or disturbances within detention facilities
7.
Hostage and barricaded subject situations, and aircraft piracy
8.
Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
9.
Enemy attack
10.
Transportation of evidence requiring security
11.
Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12.
Security and escort duties for dignitaries
13.
Emergency situations in which one agency cannot perform its functional
objective
14.
,Incidents requiring utilization of specialized units; e.g., underwater
recovery, 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 occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred 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 arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE:
Ý--d---7~O<f
DATE:
LO-~
Chief of Hallandale Beach Police Dept.
Hallandale Beach, Florida
Thomas A. Magill
Chie~police Dept.,
Aventura, Florida
THOMAS E. RIBEL
ATTEST:
City Clerk, City of Aventura
TERESA M. SOROKA, CMC/AAE
8¡
JOINT DECLARATION AMENDMENT UNDER
HAllANDAlE BEACH POLICEI
A VENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of - , 2004, to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of Hallandafe Beach
and the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1.
Both 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 be-
half of the other agency.
2.
Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (aiR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3.
If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4.
Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the City of Hallandale Beach Police
Department.
i./ /} '7---0 '-I
Date
JLQ':§Jp.
Thomas A. Magill, Chief of Police
City of Hallandale Beach Police Dept.
(914:Joint Declaration)
Date
Eric M. Soroka, City Manager
Aventura, Florida
~
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
::::::::::è::::::::::
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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 HAlLANDAlE BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FORAN 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 Hallandale Beach 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 Cohen, who moved its
adoption. The motion was seconded by Commissioner Diamond, and upon being put to a
vote, the vote
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004--
Page 2
PASSED AND ADOPTED this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager
BY:
DATE:
April 21,2004
SUBJECT: Application for Amendment of the Official Zoning Map of the City of Aventura
by amending the zoning designation for one (1) parcel of land located at
3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District (02-REZ-04)
May 4, 2004 local Planning Agency Agenda Item ~
May 4, 2004 City Commission Meeting Agenda Item 1$
June 1, 2004 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission approve an amendment of the Official Zoning
Map of the City of Aventura by amending the zoning designation for one (1) parcel of land
located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District.
THE REQUEST
The City Manager is requesting an amendment of the Official Zoning Map of the City of
Aventura by amending the zoning designation for one (1) parcel of land located at 3205
NE 188 Street from RMF3B, Multi-Family Medium Density Residential District to CF,
Community Facilities District.
BACKGROUND
OWNER OF PROPERTY:
City of Aventura
lOCATION OF PROPERTY
City of Aventura "
3205 NE 188 Street, Aventura
See Exhibit #1 for Location Map and
Exhibit #2 for Aerial Photograph
NAME OF APPLICANT
lEGAL DESCRIPTION
A portion of the south half of Section 3, Township
52 south, Range 42 East, City of Aventura
See Exhibit #3 for complete description
SIZE OF PROPERTY
Approximately 1.56 acres
DESCRIPTION IBACKGROUND
The City is proceeding with construction of a middle school wing to the City's Charter
School on the north side of NE 188 Street which will accommodate 300 students in
Grades 6 through 8. The parcel subject of this report is the proposed site of the
expansion. This site was chosen due to its proximity to the Aventura Charter Elementary
School and the City of Aventura Community Recreation Facility immediately adjacent to
the east. The siting of these three facilities on adjacent parcels will enable joint use of
recreational and school facilities.
The addition of the middle school wing showcases the City's changing demographics,
from a predominantly retiree community to one including a growing number of younger
families.
Although the City's Land Development Regulations provide that a school may be sited on
an RMF38 zoned parcel following conditional use approval, the zoning change from the
residential district to the community facility district is recommended to recognize the
proposed use of the land for school facilities on the Official Zoning Map and to be
consistent with the zoning designations on both the Charter Elementary School and the
Community Recreation Facility. However, conditional use approval is still required to
comply with Policy 1.3 of the City's Comprehensive Plan, which provides that community
facilities, including schools, shall be allowed on property with a residential or business and
office land use desígnation through the conditional use procedures of the City Code. This
property is designated Medium High Density Residential on the Future Land Use Map.
The conditional use application will be presented with second reading of the fezoning
ordinance.
2
ANALYSIS
Future land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High Density Residential
Town Center and MedilJm-High Density Residential
Business and Office'
Business and Office
Medium-High Density Residential
RMF3B, Multi-Family Medium Density Residential
District
RMF3, Multi-Family Medium Density Residential District
RMF4, Multi-Family High Density Residential District
and ROS, Recreation Open Space
OP, Office Park District
CF, Community Facilities District
RMF3B, Multi-Family Medium Density Residential
District
marine industry
public park
vacant
Aventura Charter Elementary
Recreation Facility
marine industry, boat storage
School and Community
Access - Access to the parcel is from NE 188 Street, a public right-ot-way.
Conformity to City Comprehensive Plan - The proposed amendment will be consistent
with the Comprehensive Plan pending conditional use approval to be presented with the
second reading ot the rezoning ordinance.
Standards for reviewing proposed amendments to the Official Zoning Map:
1. The proposed amendment is consistent with goals, objectives and policies of the City's
Comprehensive Plan.
The proposed amendment will be consistent with goals, objectives and policies of the
City's Comprehensive Plan. Policy 1.3 of the Plan provides that community facilities,
including schools, shall be allowed on property with a residential or business and office
land use designation through the conditional use procedures of the City Code. The
conditional use approval application will be presented with the second reading ot the
rezoning ordinance.
3
2. The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses. A school in the CF zoning district will serve the
needs of the adjacent residentially zoned lands and'the City as a whole. It will be
compatible with the existing Charter Elementary School and Community Recreation
Facility on CF zoned lands immediately adjacent to the east. The proximity of this site
to existing community facilities will allow joint use of school and recreational amenities.
3. The subject property is physically suitable for the uses permitted in the proposed
district.
The subject property is physically suitable for the uses permitted in the proposed
district. The site is immediately adjacent to an existing Charter Elementary School and
Community Recreation Facility. There is adequate access and capacity on NE 188
Street.
4. There are sites available in other areas currently zoned for such use.
There are limited sites available in other areas currently zoned for the CF, Community
Facility uses.
5. If applicable, the proposed change will contribute to redevelopment of an area in
accordance with an approved redevelopment plan.
As discussed by the City Commission during planning and visioning sessions for the
Town Center and this street, the proposed change will contribute to redevelopment of
an area in accordance with a redevelopment plan.
6. The proposed change would adversely affect traffic patterns or congestion.
The traffic generation table provided later in this report supports the proposed
amendment in that projected vehicle trips per day have been calculated with the
proposed school use on this site and capacity for this use is available on the street.
7. The proposed change would adversely impact population density such that the
demand for water, sewers, streets, recreational areas and facilities, and other public
facilities and services would be adversely affected.
The proposed change has no affect on population density and would therefore not
adversely affect the demand for water, sewers, streets, and other public facilities and
services compared to the presently permitted uses. The development of the proposed
school addition on this site decreases the demand for the need for a middle school in
the City.
4
8, Whether the proposed change would have an adverse environmental impact on the
vicinity.
The proposed change will not have an adverse environmental impact on the vicinity.
9. Whether the proposed change would adversely affect'the health, safety, and welfare of
the neighborhood or the City as a whole.
The proposed change will not adversely affect the health, safety, and welfare of the
neighborhood or the City as a whole, but will provide a compatible use that serves the
school needs of the neighborhood and the City.
Traffic Generation - The City's Traffic Consultant has prepared a roadway capacity
analysis, along with traffic generation information comparing existing permitted uses and
the proposed middle school use.
1.56 acres Vehicle Trips PM Peak Hour
Proposed Charter Middle per Day
School Site
Existing RMF3B zone 380 36
(54 units)
Proposed CF zone 486 45
(300 students)
NE 188 Street has a capacity of 23,800 vehicles per day. Based on existing counts, the
addition of the Charter Elementary School, the Community Recreation Facility and three
approved residential developments on the street, total vehicle trips equal 4,844.
Therefore, this street has adequate capacity for the proposed use. It is proposed that
vehicles and buses will use the existing left turn lane at the median cut at the Charter
Elementary School to access the middle school addition.
Part of the larger Plan - The City Commission has reviewed the overall concept and
future of this area of the City, including the Loehmann's area, the City's Community
Recreation Facility, the school site and all surrounding properties. The City Commission
has determined that the proposed middle school wing is needed to accommodate existing
demand and increased demand from the residential uses approved, including those on
this street. The middle school addition will be an integral part in providing support and
vitality to the proposed redevelopment of the street and the mixed-use, town center
development to the west of NE 188 Street. It will allow children in the charter elementary
school to continue their charter school education to Grade 8 in an adjacent facility.
5
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MIAMI
GARDENS DR.
Roadways
City Bounda
ZIP ry
Code Boundary
Railroad
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EXHIBIT 2
02-REZ-O4
I,EGAL DESCRIPTION
^ portion oflhe Sottlh half ofScclion 3, Township 52 South. Range 42 E"st, Mi"mi-Dade County,
Floridn, more pa11ieularly described as follows:
Commence at Ihe cenler of Section 3, Township 52 South. Range 42 Eas(, Miami-
Dude County, Florida: thence run North 89 degrees 50'55" West along the North line
ofthc S,W. 1/4 ofs~id Section 3 fQr a dist~nec of 670,2'6 feet to (hc N.W, corner Qf
lhe E 1/2 of tbe N.!:::. 1/4 of the S,W. 1/4 of said Section 3; thence nUl South 0
degrees 39'25" E¡¡st along the West line oftbe E 1/2 of the N.E. 1/4 oflhe S.W, 1/4
of said Section 3 for a distance of 1,107.11 feet to ö point; thence run Norlh 89
degrees 20'35" East lor a distance of 1,597.55 feet to a. point; thence run North 0
degrees 39'25" West for a distance orJ5.0 feet to Ihe point of beginning of the tract
ofland herein described; thence continue NQrth 0 degrees 39'25"West for a distance
of312.890 feet 10 the center line ofa canal; thence run South 89 degrees 56'45" East
along the center line of said canal for a distance of218.7 I 6 feet to a point; thence run
South 0 degrees 39'25" East for a distance of 31 0.18 tQ a point; thence run Som!l 89
degrees 20'35" Wcst for a distancc of218,70 feel to a point ofbeg,il1l1Ìng.
Togcther with all rights (0 an casement in, on, under, through, over and across \he
entire 62.5 foot canal from its property 10 DlImfound1ing Bay, ;0 the san1C manner
and to the samc c¡<.tent and with the same rights, as cvidenced by Deed recorded in
OfJieial Records Book 1799, at Page 9, of the Public Records of Miami-Dade
County, Florida.
EXHIBIT 3
02-REZ-O4
ORDINANCE NO. 2004- -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CONCERNING AN APPLICATION TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR ONE (1)
PARCEL OF lAND lOCATED AT 3205 NE 188 STREET
FROM RMF3B, MULTI-FAMilY MEDIUM DENSITY
RESIDENTIAL DISTRICT TO CF, COMMUNITY
FACILITIES DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura recognizes the City's
growing number of younger families and a problem of school overcrowding; and
WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map
of the City of Aventura by amending the zoning designation for one (1) parcel of land
located at 3205 NE 188 Street from RMF3B, Multi-Family Medium Density Residential
District to CF, Community Facilities District to allow for the construction of a middle
school wing to the City's Charter School; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; 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 application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
Ordinance No. 2004- -
Page 2
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan and intended use of the land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
That the Official Zoning Map of the City of Aventura is hereby
amended by amending the zoning designation for one (1) parcel of land located at 3205
NE 188 Street (Folio Number 28-2203-000-0330) from RMF3B, Multi-Family Medium
Density Residential District to CF, Community Facilities District (see Exhibit "A" for
property description).
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. 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 and that the Official Zoning Map of the City may
be revised so as to accomplish such intentions.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
Ordinance No. 2004- -
Page 3
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED on first reading this 4th day of May, 2004.
Ordinance No. 2004- -
Page 4
PASSED AND ADOPTED on second reading this 1st day of June, 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 June, 2004.
CITY CLERK
EXHml'f "A"
LEGAL DF.SCRIPT1OJ':!
^ portion of the Sollth half ofScction 3, Township 52 South, Range 42 East, Mi~mi-Dade County,
Florida, more pa11iclilarly described as follows:
Commence at the center of Section 3. Township 52 South, Range 42 East, Miami-
Dade County, Florid": thence rull North 89 degrl':es 50'55" West along the North line
oCthe S.W, 1/4 of said Section 3 Cor a distance of670.26 feet to the N.W, corner of
the E 1/2 of the N,E. 1/4 oC the S, W. 114 of said Scclian 3; thence rlln Santh 0
degrees 39'25" East along the West Ene of the E 1/2 of the N.E. 1/4 of the S.W, 114
oC said Section 3 for a distance of 1,107, II feet to i\ point; thence run North 89
degrees 20'35" E,\st lor a distance of 1,597.55 feet to a point; Ihcnce run Nonh 0
degrees 39'25" West for a distance 005.0 fœlto \hl': point of beginning or the tract
orland herein described; thence continue North 0 degrees 39'25"Wc,st for a distance
of3 \2.890 feet 10 the center lineofa canal; thence run South 89 degrees 56'45" East
along the center hne of said canal for a distance of218.71 G feet to a point; thence run
Sallth 0 degrees 39'25" East for a distance of 31 0.18 to a point; thcncc run SOl1th 89
dcgrees 20'35" West for a distance of 218.70 feel to a point ofbeg,inning.
Togethcr with all right& to an easement in, on, under, through, over and ¡¡cross the
cntire 62.5 foot eanal from its property 10 Dl1mfoundling Bay, in the same manner
and 10 the same extent and with the same rights, as evidenced by Deed recorded in
Omeial Records Book 179Q, at Page 9, of the Public Records of Miami-Dade
COUf\ty, Florida.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
1st Reading May 4,2004 City Commission Meeting Agenda Item-
2nd Reading June 1, 2004 City Commission Meeting Agenda Item ~
Attached is the subject Ordinance discussed and revised at the May 4, 2004
Commission Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO1290-04
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; AMENDING THE CITY CODE BY
AMENDING ARTICLE VII "CODE OF ETHICS" OF
CHAPTER 2 "ADMINISTRATION", BY AMENDING
SECTION 2-394 "PENALTY", TO ENUMERATE
ADDITIONAL SECTIONS OF THIS ARTICLE VII AS
BEING UNDER THE PRIMARY JURISDICTION OF
THE MIAMI-DADE COUNTY ETHICS COMMISSION
FOR ENFORCEMENT; AMENDING SECTION 2-395
"DISCLOSURE OF BUSINESS RELATIONSHIPS AND
GIFTS" BY CLARIFYING THE METHOD OF
DISCLOSURE AND ENFORCEMENT
REQUIREMENTS AND EXTENDING THE TIME
PERIOD FOR WHICH NEW BUSINESS
RELATIONSHIPS MUST BE DISCLOSED BY CITY
COMMISSIONERS AND CITY ADVISORY BOARD
MEMBERS; CREATING SECTION 2-396 "FURTHER
ETHICS STANDARDS; PROHIBITIONS AND
RESTRICTIONS", TO PROVIDE FOR THE
ENACTMENT OF ADDITIONAL PROHIBITIONS
AND RESTRICTIONS AND ETHICS STANDARDS
BEYOND THOSE CURRENTLY PROVIDED BY
APPLICABLE STATE, COUNTY AND CITY ETHICS
PROVISIONS, INCLUDING PROVISIONS
CONCERNING THE PROHIBITION OF CERTAIN
APPEARANCES, WORK OR PA YMENT,
CONTINUED RESTRICTIONS AFTER
COMPLETION OF CITY SERVICE; FURTHER
RESTRICTIONS ON TRANSACTIONS; PROVIDING
FOR SUCH PROHIBITIONS AND RESTRICTIONS
TO ALSO BE APPLICABLE TO FIRMS, BUSINESS
ENTITIES AND BUSINESS ASSOCIATES OF CITY
COMMISSION MEMBERS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE STRICTER
ETHICS PROVISIONS TO PREVAIL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS. the City Commission of the City of Aventura desires to further strengthen
and enhance the ethics standards which are applicable to all elected officers of the City of
Ordinance No. 2004--
Page 2
Aventura, beyond those standards currently provided by existing City Code provisions, Miami-
Dade County ethics code provisions, State of Florida ethics code provisions, and applicable
provisions of federal law; and
WHEREAS, the City Commission finds that the enactment of the additional ethics
standards which are provided for in this ordinance shall further the continued integrity and
excellence of government provided by the City of Aventura; and
WHEREAS, the City Commission finds that the enactment of this ordinance will further
promote the establishment and adherence to the highest ethics standards and will thereby
facilitate continued confidence of the citizenry in the government of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:!
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confim1ed.
Section 2. City Code Amended. That Article VII "Code of Ethics" of Chapter
2 "Administration" of the City Code of the City of Aventura is hereby amended by
amending Section 2-392 "Code of Ethics Generally", Section 2-394 "Penalty," and by
amending Section 2-395 "Disclosure of Business Relationships and Gifts" at paragraph
(c) "Restrictions" by amending subparagraphs (1) and (3) of said paragraph, and by
creating a new section, Section 2-396 "Further Ethics Standards; Prohibitions and
Restrictions," to read as follows:
Section 2-391.
Leeis1ative intent.
(a)
It is essential to the proper conduct and operation of government that
'I Proposed additions to existing City Code text are indicated by underline; proposed deletions from
existing City Code text are indicated by slFil,.tl"""gH; presently existing text is indicated by the absence of
any underlining or slFill.tHrougH..
2
Ordinance No. 2004--
Page 3
(b)
public officials be independent and impartial and that public office not
be used for private gain other than the remuneration provided by law.
The public interest, therefore, requires that the law protect against any
conflict of interest and establish standards for the conduct of elected
officials and government employees in situations where conflicts may
exist.
It is the policy of the City that no officer or employee of the City, shall
have any interest, financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any obligation of
any nature which is in substantial conflict with the proper discharge of
his or her duties in the public interest. To implement this policy and
strengthen the faith and confidence of the City's residents in their
government, the City will enact a Code of Ethics setting forth standards
of conduct required of the City's public officers and employees, in the
perfonnance of their official duties. It is the intent of the City that this
code shall serve as a guide for the official conduct of the public officers
and employees of the City.
Section 2-392.
Code of Ethics I!:enerallv.
The conduct of the public officers and employees of the City shall be governed by
the Code of Ethics of the City which shall include:
(I)
(2)
(3)
The state "Code of Ethics for Public Officers and Employees", codified in
F.S. Chapter 112, as may be amended from time to time, and
The "Miami-Dade County Conflict of Interest and Code of Ethics
Ordinance," codified at Section 2-11.1 et. seq., Miami-Dade County Code,
as may be amended from time to time, and
Any provisions that the City Commission may adopt from time to time in
addition to those set forth in subsections (1) and (2) above.
Section 2-393.
Additional conflict of interest restriction concerninl!:
advisorv board members
(a) No member of any City Advisory Board shall vote on or participate in any
way in any matter presented to the Board if said person is an officer, board member, or
director of an organization which would be or might be indirec1ly or directly affected by
any action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(b) Any Board Member who has any of the above relationships or who would
or might, directly or indirectly, profit or be enhanced by the action of the Board shall
3
Ordinance No, 2004--
Page 4
absent himself or herself from the Board meeting during the discussion of the subject
item and shall not vote on or participate in any way in said matter.
(c) Whenever any Board Member is in doubt as to the interpretation or
application of this section to his/her particular situation, the Board member may submit to
the City Attorney a written request for an opinion. The City Attorney shall review the
facts of the particular matter and shall provide an opinion to the Board Member.
(d) For purposes of this section, the term "Advisory Board" shall refer to the
members of those City Advisory Boards whose primary responsibility is to provide
recommendations or advice to the City Commission.
(e) For purposes of this section, the term "organization" means a corporation
for profit or not-for-profit, and includes a political committee or committee of continuous
existence as defined in F.S. Chapter 106.
Section 2-394.
Penaltv.
The Ethics Commission created pursuant to Miami-Dade County
Ordinance 97-105 shall have primary jurisdiction for enforcement of Sections 2-
392, tIftti 2-393, and 2-396. A finding by the Ethics Commission that a person has
violated Sections 2-392,tIftti 2-393 and 2-396 shall subject said person to an
admonition or public reprimand and/or a fine of $250.00 for the first such
violation and $500.00 for each subsequent violation.
Section 2-395.
Disclosure of business relationships and 2ifts.
(a)
Definitions.
(I) Applicant. As used herein, the term "applicant" means any individual
or entity requesting action of the City Commission or a City Advisory Board upon an
application and all persons or entities representing such individual or entity (including,
but not limited to, all attorneys, architects, landscape architects, engineers and lobbyists)
(the "representatives"), and any individual who holds directly or indirectly, a five percent
or more ownership interest in the total assets or capital stock of such applicant entity.
(2) Business relationship: As used herein the term "business relationship"
means that a member of the City Commission or a City Advisory Board has a business
relationship with a person or an entity if any of the following exist:
a, The member of the City Commission or City Advisory Board holds an
ownership interest, directly or indirectly, in excess of one percent of the total assets or
capital stock of the applicant, representative or interested person entity; or
b. The member of the City Commission or City Advisory Board is a partner,
co-shareholder (as to the shares of a corporation which are not listed on any national or
4
Ordinance No, 2004--
Page 5
regional stock exchange) or joint venturer with the applicant, representative or interested
person in any business venture;
c. The application, representative or interested person is a client of the
member of the City Commission or City Advisory Board, or a client of another
professional working from the same office or for the same employer as the member of the
City Commission or City Advisory Board;
d. The member of the City Commission or City Advisory Board is a client of
the applicant, representative or interested person.
e. The applicant, representative or interested person is a customer of the
member of the City Commission or City Advisory Board (or of his/her employer) and
transacts more than $10,000.00 of the business of the member of the City Commission or
City Advisory Board (or of hislher employer) in a given calendar year; or
f. The member of the City Commission or City Advisory Board is a
customer of the applicant, representative or interested person and transacts more than
$25,000.00 of the business of the applicant, representative or interested person in a given
calendar year.
(3) Client. As used herein, the term "client" means a person or entity who
obtains the services of another for compensation.
(4) Customer. As used herein the term "customer" means a person or entity
who purchases or leases materials, equipment or property from another.
(5) Gift. As used herein, the term "gift" means any gift required to be
reported by quarterly disclosure pursuant to F.S. § 112.3148, or Section 2-11.1(e) of the
Miami-Dade County Code.
(6) Interested person, As used herein, the term "interested person" means
any person who speaks for or against any resolution or ordinance before the City
Commission or for or against any matter before any City Advisory Board and who has a
direct financial interest in the action (including, but not limited to vendors, bidders and
proposers), except that owner occupied residential property owners shall not be deemed
to have a direct financial interest in land use decisions that may affect the value of their
property, and accordingly shall not be within the definition of the term "interested
person," as used herein.
(b)
Application of definitions.
(I) Notwithstanding the provisions of subsection (a)(2)a.-f. above, a
business relationship shall not be construed to exist hereunder by virtue of the
circumstance that a member of the City Commission or City Advisory Board executed or
authorized a contract with an applicant, representative or interested person solely in such
5
Ordinance No. 2004--
Page 6
City Commission or City Advisory Board member's capacity as an officer or director of a
homeowner association, condominium association, cooperative association or master
association.
(2) For the purpose of applying the 24-month period restriction provided in
subsection(c)(l) below, a business relationship commences pursuant to subsection
(a)(2)c.-f. (client/customer) above, when materials, equipment, property or services are
ordered, sought, contracted for or obtained.
(3) For the purpose of applying the 24-month period restriction provided in
subsection (c)(I) below, a business relationship ends pursuant to subsection (a)(2)c.-f.
(client/customer) above:
a. Once the sale of materials, equipment or property is completed and
no payment remains due; or
b. Once the lease of materials, equipment or property expires or is
terminated and no payment remains due; or
c. Once the provision of services is fully performed and no payment
for services remains due.
(c)
Restrictions.
(1) Except as prohibited by law or regulatory standards, each member of the
City Commission or any City Advisory Board shall disclose by public announcement or
written filing with the City Clerk the existence of any business relationship of which
helshe is aware that helshe has, or has had within the prior 24-month period, with any
applicant, representative or interested person, at the time that the applicant, representative
or interested person appears before the City Commission or City Advisory Board on
which the member sits.
(2) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board learns, or with the exercise of due
diligence, should have learned, at any time after an action is taken by the City
Commission or the City Advisory Board on which the member sits, that helshe had a
business relationship with any applicant, representative or interested person who
appeared before the City Commission or the City Advisory Board, helshe shall within ten
days of so learning, disclose any such business relationship in writing to the City Clerk
that was not disclosed at the initial meeting.
(3) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board establishes a business relationship with
any applicant, representative or interested person within ~ 24 months after the applicant,
representative or interested person appears before the City Commission or the City
Advisory Board on which the member sits, the member of the City Commission or the
6
Ordinance No. 2004--
Page 7
City Advisory Board shall disclose any such business relationship in writing to the City
Clerk within 15 days after the business relationship is established.
(4) F.S. § 286.ül2 prohibits a member of the City Commission or any City
Advisory Board from abstaining from voting unless there is, or appears to be, a possible
conflict of interest under F.S. §§ 112.311, 112.313, and 112.3143. Accordingly, in any
situation where a member of the City Commission or a City Advisory Board discloses a
business relationship under this section, the member may abstain from voting, since such
disclosure shall qualify as constituting the appearance of a possible conflict of interest.
This paragraph shall not be construed to make abstention discretionary under situations in
which abstention or non-participation is mandated by F.S. § 112.3143, Section 2-11.1(d)
of the Miami-Dade County Code as adopted by City Code Section 2-392(2), or (as to
Advisory Board Members) as provided by City Code Section 2-393.
(5) Members of the City Commission or City Advisory Boards shall disclose
gifts from applicants, representatives and interested persons in the same manner as
provided for the disclosure of business relationships under subsection (c)(l)-(3) above.
(6) If any member of the City Commission or City Advisory Board believes
that another member of the same body has willfully failed to make a disclosure required
under this section, helshe may submit evidence supporting the alleged failure to disclose
to the City Manager who shall place the item on the next available City Commission
Agenda. The allegation and supporting evidence shall be presented by the member of the
City Commission or City Advisory Board who raised the issue for consideration by the
City Commission. The member of the City Commission or City Advisory Board against
whom the allegation is made may present evidence refuting the allegations. If four or
more members of the City Commission determine that an accused City Commissioner
has willfully failed to make a required disclosure, the accused City Commissioner shall
be deemed to be censured. If four or more members of the City Commission determine
that an accused member of a City Advisory Board has willfully failed to make a required
disclosure, the accused Advisory Board Member shall be removed from the Advisory
Board. This provision shall not be construed to require anv Citv Commission or Citv
Advisorv Board member to report anv suspected failure of another Citv Commission or
Citv Advisorv Board member to make a disclosure which mav be required pursuant to
this section.
Section 2-396 - Further Ethics Standards; Prohibitions and Restrictions
{ill
Certain appearances, work or payment prohibited.
Pursuant to Section 2-11.l(m) of the Miami-Dade Countv Code and as further
specified herein:
ill
No member of the Citv Commission shall appear before anv Citv
department. board or agencv and make a presentation on behalf of a third
person with respect to anv application. license. contract. certificate. ruling.
7
Ordinance No. 2004--
Page 8
ili.2
iliil
fu.ì
íQ}
decision. opinion. rate schedule. franchise. or other benefit sought bv the
third person.
No member of the Citv Commission shall contact or direct another person
to contact for the Commission member. the Citv Manager or anv
department personnel concerning the status of anv pending application or
matter on behalf of an v third person who has retained or emploved the
Commission member or who has retained or emploved the firm or
business entitv in which the Commission member has an emplovment.
contractual or financial interest.
No member of the Citv Commission shall receive compensation. directlv
or indirectlv or in anv form. for services rendered to a third person. who
has applied for or is seeking some benefit from the Citv or from a Citv
department. board or agencv. in connection with the particular benefit
sought bv the third person. Further. no member of the Citv Commission
shall receive anv portion of or share anv fee with anv other person in
connection with anv such matter.
No member of the Citv Commission shall appear in anv court or before
anv administrative tribunal as counselor legal advisor to a partv who
seeks legal relief from the Citv or from a Citv department. board or agencv
through the litigation or proceeding in question.
Continued Restrictions after City Service.
Pursuant to Section 2-11.!(q) of the Miami-Dade Countv Code and as
further specified herein. no member of the Citv Commission shall. for a
period of two (2) vears after his or her Citv service has ceased. lobbv the
Citv Commission or anv Citv Officer. department personnel or emplovee
in connection with anv quasi judicial. judicial or other proceeding.
application. purchasing RFP. RFO or Bid. request for ruling, or other
determination. contract. claim, controversv. charge. accusation. municipal
ordinance violation, arrest or other particular subject matter in which the
Citv or one of Citv' s agencies. boards or instrumentalities is a partv or has
anv interest. whether direct or indirect. However. nothing contained in
this paragraph (b) shall prohibit anv individual included within the
provisions of this paragraph (b) from submitting a routine administrative
request or application to a Citv department or agencv during the two (2)
vears after his or her Citv service has ceased. The term "routine
administrative request or application". as used herein, means an
application for a building permit, occupational license. regular citv
recreation facilitv or park public use permit request. under those
circumstances where no variance. waiver or special privilege is requested.
8
Ordinance No. 2004--
Page 9
Í£l
ill
fill
ilii2
@
Further Restriction on Transactions.
In the event that during the term of office of a member of the Citv
Commission, the Citv Commission grants an application (the "Citv
Approval") for a rezoning, variance. conditional use, or zoning code or
comprehensive plan amendment, upon the application of a person or entitv
(the "Zoning Applicant"), no person then serving as a member of the Citv
Commission at the time of the Citv Approval shall then and for a period of
two vears after the issuance of the Citv Approval, regardless of whether
still serving on the Citv Commission. perform anv services for or directlv
or indirectlv accept anv financial remuneration, anv financial interest in or
any special private gain from the Zoning Applicant or from any successor
or assignee of the Zoning Applicant. as a result of or in relation to any
development which is enabled to occur as a direct consequence of such
City Approval. Notwithstanding any provision of this paragraph (c)(i), the
restrictions and prohibitions of this paragraph (c)(i) shall not apply to a
member of the City Commission who has recused himself or herself from
participating in or voting upon the item of City Approval and has absented
himself or herself from the Commission meeting pertaining to such item.
This paragraph (c) shall not preclude the provision of services or the sale
or lease of goods by a member of the City Commission to persons who
subsequently, independently enter into a transaction with the developer,
owner or operator of the property developed as a result of the City
Approval soleiv by such person's purchasing or obtaining a lease for a unit
in a building which was enabled to be built or redeveloped as a result of a
Citv Approval.
The prohibitions of this paragraph (c) may be waived for a specific
transaction by Resolution of the City Commission which is adopted
following a public hearing by a five-seventh (5/7) (five member
affirmative vote) of the City Commission, if not contrary to other
applicable ethics provisions, upon a finding that:
ill
The proposed transaction is consistent with the purposes of Article
VII of Chapter 2 of the City Code; and
ill
The transaction will not create or tend to create even the
appearance of any impropriety.
Applicability to Firms. Business Entities. Business Associates.
The restrictions and prohibitions which are imposed by paragraphs (a). (b)
and (c) of this section upon any person, by virtue of that person's service
(or former service) as a member of the City Commission, shall also be
applicable to any firm or business entity in which such member of the City
9
Ordinance No. 2004--
Page 10
Commission has an employment, independent contractor or material
interest and to anv business associate of such member of the Citv
Commission. The terms "material interest" and "business associate" have
the meaning indicated bv Section 112.312, Florida Statutes.
.cd
Definitions.
Except as otherwise indicated herein or required bv the context used
herein, the terms utilized herein which are defined in Section 112.312.
Florida Statutes, or in Section 2-11.1 of the Miami-Dade Countv Code,
shall have the meanings provided in such state statute and countv code
provisions.
ill
Stricter provisions prevail,
Nothing in this section shall be construed to impair or diminish anv stricter
ethical standards which are provided bv Section 112.313, et. seq. of the
Florida Statutes, Section 2-11.1 of the Miami-Dade Countv Code or bv the
provisions of the Charter and Ordinances of the Citv or bv anv applicable
federal law,
Section 3. Severabilitv. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4.
Inclusion in the Code.
That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That upon adoption on second reading this Ordinance
shall be effective immediately and shall be applied prospectively only.
to
Ordinance No. 2004--
Page 11
The foregoing Ordinance was offered by Commissioner Cohen, who moved its
adoption on first reading, This motion was seconded by Vice Mayor Diamond, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Han-y Holzberg
Vice Mayor Bob Diamond
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Han-y Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 4th day of May, 2004.
11
Ordinance No. 2004--
Page 12
PASSED AND ADOPTED on second reading this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
A TIEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATIORNEY
12
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
City Commission
Eric M. Soroka, City Manager
BY:
Harry M. Kilgore, Finance Support Services Director
DATE:
April 29, 2004
SUBJECT: Ordinance Amending the Police Pension Plan Provisions
1st Reading May 4,2004 City Commission Meeting Agenda Item~
2nd Reading June 1, 2004 City Commission Meeting Agenda Item~
Recommendation
It is recommended that the City Commission adopt the attached Ordinance amending the
Police Pension Plan.
Backqround
Pursuant to State law, the City submitted the ordinance which was adopted on first reading
on January 6, 2004 to the Police & Fire Pension Bureau of the State Division of
Retirement. State staff reviewed the ordinance and provided comments on what was
necessary to satisfy their requirements. Mr. Robert Klausner, who drafted the ordinance,
worked with the State and received approval to pass the ordinance on second reading at
the March 2, 2004 Commission meeting with the understanding that there would be an
amending ordinance to clarify various provisions of the Plan.
Mr. Kalusner has worked with the State and has received concurrence from them that the
proposed amended ordinance will satisfy the State. Most of the changes are minor and
have no substantive impact other than to satisfy the State.
The one exception is Section 7 which includes language that is not in conformance with
our Collective Bargaining Agreement with the PBA.
However, even if some employees refused to transfer their 401 accounts into the new
defined benefit plan, the deduction from 3% to 2% for prior service years would more than
offset by the value of the dollars which would otherwise be transferred to the fund from the
employee's 401 account. Therefore, the change will have no impact upon the City or other
covered employees. I recommend adoption.
If you have any questions, please feel free to contact me.
HMKlmn
ORDINANCE NO. 2004--
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING ORDINANCE 2004-07 WHICH ADOPTED THE
POLICE PENSION PLAN AND TRUST FUND AS
REQUESTED BY THE STATE OF FLORIDA DIVISION OF
RETIREMENT; 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;
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; and
WHEREAS, the State of Florida Division of Retirement has requested
clarification of plan language;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Aventura:
Section 1. Sections
hereby amended as follows:
(I) and (L) of the Aventura City Code is
SECTION -' DEFINITIONS.
I.
Credited Service
shall mean membership credit upon which a member's eligibility to receive benefits
under the Retirement Plan is based or upon which the amount of such benefits is to be
determined and shall be calculated based on the aaareaate number of years of service
and fractional parts of years of service of any police officer, omittina intervenina years
and fractional parts of years when such police officer may not have been employed bv
the City. The term credited service shall be interpreted in accordance with Section
185.02, Florida Statutes, unless otherwise provided herein.
l.
Earnable Compensation
shall mean a member's base pay for regular hours worked as an employee, overtime
Ordinance No. 2004--
Page 2
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)(B).
Pursuant to Section 440.21. Florida Statutes. pension contributions shall not be
deducted from a member's workers' compensation award.
Section 2. Section
amended as follows:
(H) (4) of the Aventura City Code is hereby
SECTION
. SERVICE RETIREMENT BENEFIT.
H.
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
~ $2,500.00, or if the monthlv retirement income is less than $100.
Section 3. Section
amended as follows:
(A) of the Aventura City Code is hereby
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
Ordinance No. 2004--
Page 3
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.
In determinina the creditable service of any police officer. credit for UP to
five 15) years of the time spent in the militarv service of the Armed Forces
of the United States shall be added to the years of actual service. if:
1. The police officer is in the active employ of the municipality prior to
such service and leaves a position. other than a temporarv position. for
the purpose of voluntarv or involuntarv service in the Armed Forces of the
United States.
2. The police officer is entitled to reemployment under the provisions of
the Uniformed Services Emplovment and Reemplovment Riahts Act.
3. The police officer returns to his or her employment as a police officer of
the municipality within 1 year from the date of his or her release from such
active service.
Section 4. Section (D), (F), (K), (l) and (N) of the
Aventura City Code are hereby amended as follows:
SECTION -' DISABILITY.
D.
The service-incurred disability benefit shall be paid in equal monthly
installments in an amount equal to the member's accrued benefit, but not
less than forty-two (42%) percent of the member's final monthly
compensation as of the date of disability retirement. This benefit shall be
in addition to any short or long term disability benefit provided by the City;
but, shall be subject to offset for workers' compensation paid by the City
as permitted by law. Pursuant to Section 185.1815). Florida Statutes.
service-incurred disability benefits may not be offset below 42% of
averaae monthly compensation.
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. The monthly retirement income to
which a police officer is entitled in the event of his or her disability
retirement shall be payable on the first day of the first month after the
board of trustees determines such entitlement. However. the monthly
Ordinance No. 2004--
Page 4
retirement income shall be payable as of the date the board determines
such entitlement. and any portion due for a partial month shall be paid
toQether with the first payment. The last payment will be. if the police
officer recovers from the disability. the payment due next precedinQ the
date of such recovery or. if the police officer dies without recoverina from
his or her disability. the payment due next precedinQ death or the 120th
monthly payment. whichever is later. In lieu of the benefit payment as
provided in this subsection, a police officer may select an optional form of
benefit. Anv monthly retirement income payments due after the death of a
disabled police officer shall be paid to the police officer's desiQnated
beneficiary or beneficiaries.
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. The decision to Qrant or deny a disability
application shall rest exclusively within the discretion of the Board of
Trustees. who shall comply with the provisions of this Plan as well as the
disability provisions of Chapter 185. Florida Statutes.
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 Aearin¡¡ will be oonduotod ooAsistont witA the ¡:¡rinoiples ef
due ¡;JFOGeSS and tAD rules of evidonoe gonerally applicable to
administrative proceedings shall apply. TAe Board shall have the ¡;Jawor
Ordinance No. 2004--
Page 5
to issl;Jo sl;Jbl'JOoRas ÐOI'H¡:¡oIliR! tl:1o attemjaRÐe of '""itResses. /\t saia
heariA§ tR8 aßßliaant may present such eml and 'Nritten evidence as tho
applicant dooms necessary to establish its burden of proof. The Boar-d
may appoint special counsel as an advocate to cmss examine witnesses
and to offer argument in eßßesitien te tho application. Tho attornoy for
the Board shall not serle botl:1 as aaveÐato and as advisor to the Boar-d in
tl:1o same pr.ocooaiR! . Tl:1e applicant and the Board shall have the right to
examine and cross oxamine all witnesses. The Board shall have the
authoritv to adopt administrative rules and reaulations aovernina disabilitv
hearinas. 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.
N.
No member shall be granted a disability pension upon a determination by
the Board that the disability resulted from:
5.
Excessive and habitual use of drugs, intoxicants or narcotics;
Injury or disease sustained while wilfully and illegally participating in fights,
riots, civil insurrections or while committing a crime;
Injury or disease arising from service in the armed forces;
Injury or disease sustained after employment as a police officer has
ended;
Iniurv or disease sustained while workina for anvone other than the citv
and arisina out of such emplovment. ^RY OÐÐurronce arising fr.om
compensable employment unrelatea to re! ¡,¡lar City omployment.
1.
2.
3.
4.
Section 5.
amended as follows:
Section
B of the Aventura City Code is hereby
SECTION -' VESTING AND TERMINATION.
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. If any deferred vested member who has been in the service of the
municipality for at least 10 years elects to leaye his or her accrued contributions
with the Plan. the member may select early retirement upon attainina aae 50 or
Ordinance No. 2004--
Page 6
older. Earlv retirement benefits shall be paid at the actuarial equivalent of the
amount of such retirement income otherwise payable. as provided in Section
185.16(4), Florida Statutes.
Section 6. 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. Consistent with the requirements of Section
112.66 and 185.07. Florida Statutes. the City shall contribute the amount necessary to
maintain the Plan on an actuariallv sound basis. To the extent that any chances are
required in the member contribution rate. a separate amendment shall be required to
reflect the revised member contribution.
Section 7. 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 at the Plan's three 13%) benefit accrual rate. provided the member
transfers all funds from the city 401 (a) plan to the defined benefit plan effective October
1, 2003. Emplovees hired as a City of Aventure police officer prior to October 1. 2000
who elect not to transfer all funds from the city 401(a) plan shall only receive prior
credited service at a two percent (2%) benefit accrual rate. 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 8. 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 9. 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 10. This ordinance shall become effective immediately upon its
passage.
Ordinance No. 2004--
Page 7
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 4th day of May, 2004.
Ordinance No. 2004--
Page 8
PASSED AND ADOPTED on second reading this 1st day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO lEGAL SUFFICIENCY:
CITY ATTORNEY
She :ßlItamt Hcratð
IBII
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
JOANNE LOPEZ
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 Thursday, MAY 20th, 2004.
Affiant 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 l1lext preceding the rust publication of
the attached copy of advertisement.
~~(HurL \) L ty?("
I J ANNE LOPEZ u
I I
\ !
'Šworn to and subscribed before me
This~day of
.JUJ1.e
A.D. 2004
_'l~~~ ~-4
Lisa Ann Hernandez
"""""" LisaAnnHemandez
>';~ C<mn\IIIiOO , DD 000617
g~~ ~~.~200S
~;'1,'If.~" - BoodIDI 00, Joe.
900 West 49th Street, Suite 500, Hialeah, Florida 33012
"""ft:'."'f""'.
CITY OF AVENTURA
NOTICE OF APPLICATION FOR
AMENDMENT TO OFFICIAL
ZONING MAP
Public Notice is hereby given that the City of
Aventura City Commission will meet in a public
hearing on Tuesday, June 1, 2004 at 6:00 p.m. to
consider adoption of the following ordinance on
second reading: '
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, CONCERNING AN
APPLICATION TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF AVENTURA
BY AMENDING THE ZONING DESIGNATION
FOR ONE (1) PARCEL LOCATED AT 3205 NE
188' STREET FROM RMF3B, MULTIFAMILY
ME!DIUM DENSITY RESIDENTIAL DISTRICT
TO ; CF, COMMUNITY FACILITY DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
The Public Hearing will be held at City of Aventura
Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. The proposed Ordinance
may be inspected by the public at the Office of the
City Clerk, 19200 West Country Club, Aventura
Florida.. Interested parties may appear at the Public
Hearing and' be heard with respect to the proposed
Ordinances.
In accordance with the Americans. with Disabilities
Act of 1990, all persons who are disabled and who
need special accommodations to participate in this
proceeding because of that disability should contact
the Office of the City Clerk, (305) 466-8901, not later
than two business days prior to such proceedings.
If a person decides to appeal any decision made by
the City Commission with respect to any matter
considered at a meeting or hearing, that person will .
need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes.
the testimony and evidence upon which the appeal is
to be based.
TeresaM. Sorok~, CMC, City Clerk
MIAMI DAILY BUSINESS REVIEW
P"bll,h'd Dally ""pt Saturn.y, Sooday sod
L"al Holiday,
Miami, Miami-Dad, Coooty, Flo"da
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authorily personally appeared
O,V, FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Dally Business
Review t/k/a Miami Review. a daily (except Saturday. Sunday
and Legal Holidays) newspaper. published at Miami in Miami-Dade
County. Florida; that the attached copy of advertisement.
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PROPOSED ORDINANCES - 6/1/2004
ORDINANCE AMENDING ARTICLE VII. ETC,
in the XXXX Court.
was published in said newspaper in the issues of
05114/2004
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade Counly,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mall 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 discou~~bate. commission or refund for the purpose
of seCUring)'"s adverti ent r publication in the said
newspap~ .
Sworn to and subscribed before m this
14;P¡2c(L
(SEAL) (t/) Maria I. Mesa
. . eom- 002-
O.V. FERBEYRE persona ""'" ~ me
..,." Expir8o Mon:It 04, 2008
----rT- -"-r---' '"Tr-
.
CITY OF A VENTURA
5/14
MIAMI CAlLY BUSINESS REVIEW
P,bli,had Daily a"apl SaMday, S,nday and
Lagal Holiday,
Miami, Miami-Dada Co,nty, Flmida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OV. FERBEYRE, who on oath says that he or she is the
SUPERviSOR. Legal Notices of the Miami Dally Business
Review Ilk/a Miami Review. a daily (except Saturday. Sunday
and Legal Holidays) newspaper. published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING - JUNE 1. 2004
APPLICANT NAME/NUMBER; THE CITY OF AVENTURAl02-CU-04
in the XXXX Court,
was published in said newspaper in the issues of
OS/20/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County.
Florida. each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County. Florida, for a
period of one year next preceding tha first publication of the
attached copy of advertisement; and affiant further says that he or
she has neilher paid nor promised any person. firm or corporation
any discount. re ate, commission or refund for the purpose
of securing t 'adverti ent publication in the said
newspaper
-",',-, ",.,.,'.,',..",'.".",,' ,'.",.."","""".,',,,,'.,'"
' ~"l '
}
'~ "
If, 08, 18Q I< ec:Ideo, .,"""""'",', IJ"IY, doå,oIonmadebytheC
.-- 1!>~ 8jØe11ld al a rneatIng
I8Q I ~"npm of,the ~f1I S and. for
n !O ~""" " velbatim record 01 the procaedIrigs
rdln ;luc aa the tastimony and eviderIce upon which
baatod. .
TeresaM, Soroka, MC,CityCler1<
04- -101/4598.'!4M
MIAMI DAILY BUSINESS REVIEW
Published Dally excepl SaMday, Suoday aod
Legal Helldays
Miami, Miami-Dade Cou",y, FI,,'da
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V, FERBEYRE. who on oath says that he or she is the
SUPERVISOR, Legal NotICes of the Miami Daily 6usiness
Review flk/a Miami Review, a daily (except Saturday. Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement.
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PROPOSED ORDINANCES
JUNE 1,2004
in the XXXX Court,
was published in said newspaper in the issues of
OS/20/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County. Florida and that the said newspaper has
herelofore 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 corporalion
any discount. reb te. commission or refund for the purpose
of securing th' advert' r publication in Ihe said
newsraper
,,-- ,",--- ----,-,-----
'T-"-
sue NO11CI!-GF PIIOfIIO88D
N TICE IS HEREBYGlV,EN that on Tuesday, the 1st
at meelingoftheCit\fCornrnlsston of thaC11y of Avantu
6: p.m. in tho CommI8o an Chamber 81 Aventura Gave
1 00 West Country Club PM, Avon"lra. Florida, tha
wil ~hsider final adopII'on of the following Ordi
re ding, ent"led: .
AN ORDlNANÇE OF THE CITY OF AVIilroI~, LORII)A
AMENDING ORDINANCE 2OfI4:Q7 WHICR ~P I) THE
POLICE PENIJIOIo PUN ANI) TRuIlTFllND Ø1t QUIST-
EI) BY THE STAT1õOF, FLOfIIØ¡\ ,0000000000..of' II~-
MENT; PROVIDING I'OIi SEIII!JIIüIù'r'; FOR
CODIFICA TION¡ PROVIDING AIIIFFEC'IIIIE DA
. I
If a person decides to appeal any docIsionmado by the Commission
wit respect to any matter consido1O!l at a mooting or hearing, that
po n will noad a - of the pro<:oaÌÌngs.and, forsuch urpose, may,
ne d 10 ensure that a verbatim record of the proceedings i made, whicl1
r rd includes tho testimony arid ovidonœ upon which appeal is to
be aBed,
5/2
TeresaM.Soroka,CMCCily I~
04-4 00I459633M