02-01-2005
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
A ~he City of
~ventura
Q
Citv M""""""
Eric M. Soroka
City r~mm;"lno
Jeffrey M. Perlow, Mayor
Citv Clai
Te«sa M. Soroka, CMC
Citv Attorney
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
FEBRUARY 1, 2005 6 PM
Government Cente'
19200 We,t Country Club Onve
Aventum,Florida33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advi,ed that the following items on the Commi"ion', agenda are quasi-
judicial in nature. If you wi,h to object 0' comment upon any of these items. please infonn the Mayo, when he roque", public
comments. An opportunity fo' pernon, to ,peak on each item will be made available aftee the applicant and ,tafT have made thei,
pre,entation, on each item. All testimony, including public te"imony and evidence, will be made undee oath oc affinnation.
Additionally, each p""on who give, te,timony may be ,ubject to c'"","><amination. If you ,efu,e eithee to be cro"-e><amined or to
be sworn, you, te"imony will be given it, due weight. The genecal public will not be pecmitted to cro"-examine wilne"e" but
the public may reque" the Commi"ion to ask que,tion, of ,tafT oc wilne"es on thei, behalf. P""on, 'epmenting ocganization,
mu" pment evidence of thei, authority to 'peak roc the o'ganization. Furthee detail, of the quasi-judicial pl'OCedure, may be
obtained from the Cleek.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CONCERNING AN APPLICATION FOR
MODIFICATION TO CONDITIONAL USE APPROVAL GRANTED
THROUGH RESOLUTION NO. 2002-46 TO ALLOW A CHANGE IN
EXTERIOR COLOR ON THE PHASE I BUILDINGS IN THE TOWN
CENTER LOCATED AT 18741 BISCAYNE BOULEVARD,
A VENTURA; PROVIDING AN EFFECTIVE DATE.
(It is anticipated that this item will be deferred)
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: Certificates of Completion to Aventura
Government 101 A Citizens Academy participants
6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed trom the Consent Agenda and considered separately.
A.
APPROVAL OF MINUTES:
January 4,2005 Commission Meeting
January 6,2005 Special Meeting
January 20,2005 Workshop Meeting
B.
FeIn8Iy I, 2005 Cœønissiœ Moetiøg
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
C.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
MIAMI-DADE COUNTY FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
D.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ADOPTING THE CITY OF
A VENTURA 2005 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
E.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF A MEMBER TO
THE BOARD OF TRUSTEES OF THE POLICE OFFICERS'
RETIREMENT PLAN TO FILL A VACANCY AND PROVIDING
AN EFFECTIVE DATE.
F.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2003-12 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2003/2004 FISCAL YEAR BY REVISING THE 2003/2004 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
2
FeIn8Iy I, 2005 CœønissiœMoetiøg
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 26
"ELECTIONS" BY AMENDING ARTICLE II "CITY COMMISSION
AND MAYOR", BY CREATING SECTION 26-34 "EARLY VOTING";
EXEMPTING CITY MAYORAL AND COMMISSION ELECTIONS
FROM THE PROVISIONS OF PARAGRAPH (I)(b) OF SECTION
101.657, FLORIDA STATUTES, CONCERNING EARLY VOTING AND
INSTEAD AUTHORIZING A SHORTENED DURATION FOR EARLY
VOTING FOR CITY MAYORAL AND COMMISSION ELECTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None
10.OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION
REGARDING MARCH 8TH REFERENDUM
(Commissioner Beskin)
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
WORKSHOP MEETING FEBRUARY 3, 2005
EARLY VOTING FEBRUARY 26-27, 2005
MUNICIPAL ELECTION MARCH 1,2005
COMMISSION MEETING MARCH 10,2005
MUNICIPAL RUN-OFF (if necessary) MARCH 15, 2005
COMMISSION INSTALLATION MARCH 17,2005
10 A.M.
10 A.M.-5 P.M.
7 A.M.-7 P.M.
6 P.M.
7 A.M. - 7 P.M.
7 P.M.
Thi, meeting is open to the public. In acco,dance with the Americans with Di"bilities Act of 1990, all p""on, who are disabled
and who need 'pecial accommodation, to participate in thi, meeting because of that di"bility should contact the Office of the City
Clerk. 305-466-8901, not late, than two days prioc to such proceeding. One 0' mo,e memb"" of the City of Aventuca Advisory
Boacds may be in attendance. Anyone wi,hing to appeal any deci,ion made by the Aventum City Commission with ,e'pect to any
matte, considcred at ,uch meeting 0' hearing will need a 'eco,d of the pcoceedings and, fo, such pUll'°se, may need to ensuce that a
ve,batim ,ecord of the pcoceedings is made, which reco,d include, the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City C1e,k, City of Aventum Government Cente" 19200 W. Country Club
Onve, Aventuca. Florida, 33180. Anyone wishing to obtain a copy of any agenda item ,hould contact the City C1e,k at 305-466-
8901.
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
City commiSSiO~
Eric M. Soroka, -C
City Manager
Joanne Carr, AIC~
Planning Director
TO:
FROM:
DATE:
December 8, 2004
SUBJECT:
Request of TRG Regina Square, Ltd. for Modification of Conditional Use
approval granted through Resolution 2002-46 to change the color scheme
of Phase 1 of the Town Center at 18741 Biscayne Boulevard (05-CU-02
Modification)
-JaRllary 4, 2996- City Commission Meeting Agenda Item ~
F~bru.ilr'i /, 2.ov:)'
RECOMMENDATION
It is recommended that the City Commission deny the request for modification of the
color scheme for P~ase 1 of the Town Center redevelopment project as approved
through Resolution No. 2002-46 as it does not meet the criteria for conditional use
approval in Section 31-73 of the City Code.
THE REQUEST
The applicant, Clifford A. Schulman for TRG Regina Square, Ltd., is requesting that the
exterior colors of the Phase 1 condominium buildings known as The Venture be
changed from the earth tones presented at the September 3, 2002 City Commission
public hearing to blue and white colors. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
TRG Regina Square, Ltd,
APPLICANT
Clifford A. Schulman
ADDRESS OF PROPERTY
18741 Biscayne Boulevard
Loehmann's Fashion Island Shopping Plaza
(See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION
Part of Tracts "B" and "C", Regina Square
Subdivision, as recorded in Plat Book 113,
Page 27 of the Public Records of Dade County
SIZE OF PROPERTY
Approximately 6.27 acres for Phase 1 site
EXISTING ZONING
TC1, Town Center District
FUTURE LAND USE DESIGNATION
Town Center (TC1 zone)
HISTORY
The Phase 1 development of the Town Center currently under construction on the
Loehmann's Plaza site consists of two residential buildings with a total of 500 units and
18,799 square feet of retail space on the ground level of the north elevation of each
building, The easterly building fronting on NE 29 Avenue is 11 stories high and the
westerly building fronting on NE 187 Street is 7 stories high. Both buildings are
connected by a five level parking garage that has been designed to complement the
façade of the residential structures.
On September 3, 2002, the applicant received Conditional Use Approval through
Resolution No. 2002-46 to permit the following uses in Phase 1 of the Town Center
development:
1. An 11 story residential building, where a maximum of 4 stories are permitted by
Code.
2. A 7 story residential building, where a maximum of 4 stories are permitted by
Code.
3, Floor area minimum of 750 square feet for one bedroom units, where a minimum
of 900 square feet is required by Code.
4, Floor area minimum of 1,025 square feet for two bedroom units, where a
minimum of 1050 square feet is required by Code.
5. Residential uses on the ground floor, where retail and office uses only are
permitted on the ground floor by Code.
6, 825 parking spaces, where 1,066 parking spaces are required by Code.
The conceptual master plan for the overall Town Center was approved as part of the
administrative site plan approval for the Phase 1 development. Color renderings of the
Phase 1 development and the Town Center plaza area were presented by the applicant
at the September 3, 2002 public hearing. Those renderings showed an earth tone color
scheme for both Phase 1 and the Town Center as a whole. Copies of the color
2
renderings are attached as Exhibit #4. The requested color change is shown on Exhibit
#5.
ANALYSIS
Citizen Comments. The Community Development Department has received no written
citizen comments about this application,
Community Development Department Analysis - The Applicant is requesting
modification to the conditional use approval granted through Resolution No. 2002-46 to
change the color scheme of the Phase 1 buildings from earth tones to blue and white.
This modification requires review of the conditional use approval criteria to ensure that
all criteria continue to be met with this requested change.
Criteria
This request for modification to conditional use approval will be evaluated using the
criteria in Section 31-73 of the City's land Development Regulations, as follows:
(a) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan, which designates
the future land use category for this site as Town Center. The requested modification
does not change the proposed use of the land.
(b) 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 will not be
detrimental to or endanger the public health, safety or general welfare, The requested
modification does not change the proposed use of the land.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood of the proposed use. The requested modification does not change the
proposed use of the land. There is an existing mix of retail, office and residential uses in
the immediate neighborhood of NE 28 Court, NE 29 Avenue, NE 187 Street, NE 190
Street and NE 191 Street. The City Commission has reviewed the overall concept and
future of this area of the City and has determined that a mixed use, town center
development on this site will be beneficial to businesses and residents,
(d) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
3
service, or will be available concurrent with demand as provided for in the
requirements of these LDRs.
The applicant's engineer confirmed that 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 the City's land Development Regulations. The
requested modification does not change the concurrency requirements.
(e) 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.
The requested modification does not change the proposed ingress and egress to the
proposed use. Ingress and egress to the Phase 1 parking structure is proposed through
an entrance on NE 187 Street at NE 28 Court with an exit into the plaza to the north, a
drop-off, pick-up area on both NE 29 Avenue and the westerly internal drive. The
applicant submitted a Traffic Study which indicated that a traffic signal is required at this
time at the intersection of NE 28 Court and NE 187 Street. Signal timing changes are
required at the existing light at the intersection of NE 29 Avenue and NE 190 Street and
at the existing light at the intersection of NE 187 Street and Biscayne Boulevard. The
applicant has voluntarily agreed to fund the installation of a traffic signal and will make
arrangements with Miami-Dade County for the timing changes at the existing signals,
prior to issuance of a certificate of occupancy or temporary certificate of occupancy.
The applicant has also indicated that it will support the City in a request to FDOT and
the County to prohibit left turns at the intersection of NE 187 Street and Biscayne
Boulevard and relocate the existing traffic signal at that intersection to the intersection of
the present entrance road into loehmann's Plaza and Biscayne Boulevard. This will
alleviate the existing traffic congestion at the corner NE 187 Street and Biscayne
Boulevard. These improvements are conditions of Resolution No. 2002-46.
(f) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of
surrounding properties for uses permitted in the zoning district. The property to the
north is zoned for similar mixed-use development. The property to the south is zoned
Community Business district and contains an existing retail plaza, The properties to the
east are zoned Town Center and Town Center Marine Districts and include an existing
marina and an office/retail complex under construction. To the west of this site lie
Biscayne Boulevard and the Florida East Coast Railway.
(g) 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.
4
The Phase 1 buildings were designed to interface both with the existing center until
future phases are constructed and with the master plan once it is completed. The earth
tone color scheme originally presented is continued throughout all future phases of the
Town Center master plan. A change to blue and white exterior colors on the Phase 1
buildings will not minimize visual impacts and will not create a unified theme of
development of the Town Center that results in a "sense of place" if one part is blue and
white and the balance is earth tones. The applicant's letter of intent states that the blue
and white exterior colors will be compatible with the color of buildings on NE 188 Street
and in the general area; however, the compatibility desired is compatibility with the
balance of the adjacent Town Center and with the balance of the adjacent existing retail
center until the future phases of the Town Center are constructed. Staffs review of
publications on other Town Centers in South Florida and in other parts of the country
show that earth tones are consistently used to create the comfortable environment
desired for gathering areas.
5
Greenberg
Traurig
Clifford A. Schulman
(305) 579-0613
Di,ectFax: (305)96t-5613
E-Mail: schulmanc@gtlaw.com
October21,2004
Joann Carr, AICP
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re:
Request for modification of color scheme for the project known as "The Venture"
Dear Ms. Carr:
This letter constitutes our request for Commission consideration for a modification of
colors of the above-noted project. The project was granted Conditional Use Approval through
adoption of Resolution No. 2002-46 on September 3, 2002.
While we do not believe that the Conditional Use Approval formally encompassed
approval of color schemes, staff has indicated that they feel Commission approval is required for
any modification of the colors rendered in our proposal.
After consultation with our design architects, Arquitectonica, a modified color scheme is
felt to be more appropriate for the site and the general environs of this area ofthe City, including
developments which have been approved at, near and around the site. A review of colors of
buildings approved up and down N,E. 188th Street, including the City's own Charter School and
Community Center, will show the compatibility of our proposed color scheme with those as-built
and approved projects.
We will submit, under separate cover, a rendering comparison of the prior color and the
proposed new color shortly. However, we wanted to get this letter to you as soon as possible to
get a place on the November 9, 2004 agenda.
Should you have any further questions, please feel free to call me.
Sincerely,
~~'J~
r Clifford A. Schulman
cc:
Anne Cotter
John Chappelear
Rafael Millares
EXHIBIT #1
05-CU-O2 (MOD)
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EXHIBIT #5
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RESOLUTION NO. 2005- -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPLICATION FOR MODIFICATION TO CONDITIONAL
USE APPROVAL GRANTED THROUGH RESOLUTION
NO. 2002-46 TO ALLOW A CHANGE IN EXTERIOR
COLOR ON THE PHASE 1 BUILDINGS IN THE TOWN
CENTER LOCATED AT 18741 BISCAYNE BOULEVARD,
AVENTURA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, through Application No. 05-CU-02 (Modification), has
applied for modification to the conditional use approval granted through Resolution No.
2002-46 to permit a change in the exterior color of the Phase 1 residential buildings
from earth tones to blue and white; 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 does/does not1
meet the criteria of the applicable codes and ordinances to the extent the application is
granted/denied1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
t Language in bold italics indicates a recommendation and decision to be made by the City Commission at
public hearing.
Resolution No. 2005- -
Page 2
Section 1.
Application No. 05-CU-02 (Modification) for modification to the
conditional use approval granted through Resolution No, 2002-46 to permit a change in
the exterior color of the Phase 1 residential buildings from earth tones to blue and white
on property legally described in Exhibit "A" to this Resolution, is hereby
granted/denied!.
Section 2.
The City Manager is authorized to cause the issuance of permits in
accordance with the decision of the City Commission herein provided and to indicate'
such decision upon the records of the City.
Section 3. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by
, who moved
its adoption. The motion was seconded by
, and upon being
put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005- -
Page 3
PASSED AND ADOPTED this 4th day of January, 2005,
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 January, 2005.
CITY CLERK
Exhibit "A"
Lee:al Description
A portion of Tracts B & C, REGINA SQUARE SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 113, Page 27, of the Public Records of
Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being
more particularly described as follows:
Begin at the Northeast corner of said Tract "CO; the following three (3) courses
being along the Easterly and Southerly line of said Tract "CO said line also
being along the Westerly right-of-way line of N.E. 29th Avenue and Northerly
right-of-way line of N.E. 187th Street as shown on said Plat of REGINA
SQUARE SUBDIVISION, (1) thence South 00E38'10" East for 260.56 feet to a
point of curvature; (2) thence Southerly and Westerly along a 128.90 foot
radius curve leading to the right, through a central angle of 90E41'25" for an
arc of 204.03 feet to a point of tangency; (3) thence North 89E56'45" West for
126.02 feet to the Southwest corner of said Tract "CO; thence North 89E56'45"
West along the South line of said Tract "B" also being said Northerly right-of-
way of N.E. 187th Street for 364.91 feet; thence North 00E03' 15" East for
443,27 feet; thence South 89E56'45" East along a line parallel with said South
line of Tract "B" for 616.05 feet; thence South OE38'10" East along the East line
of said Tract "B" also being the West right-of-way line of N.E. 29th Avenue for
52.27 feet to the POINT OF BEGINNING.
A'!ñe C~ of
nventura
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MINUTES
CITY COMMISSION MEETING
JANUARY 4, 2005 6 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE.
Commission observed a moment of silence for victims of the tsunami disaster in Asia.
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION TO
CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO.
200246 TO ALLOW A CHANGE IN EXTERIOR COLOR ON THE PHASE 1
BUILDINGS IN THE TOWN CENTER LOCATED AT 18741 BISCAYNE
BOULEVARD, AVENTURA; PROVIDING AN EFFECTIVE DATE.
At the request of the applicant, a motion to defer this item to the February 1,
2005 Commission meeting was offered by Commissioner Diamond, seconded by
Commissioner Grossman and unanimously passed.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: A motion
was offered by Commissioner Cohen, seconded by Commissioner Auerbach and
unanimously passed to add to the agenda as an emergency item discussion of the
County's request to change the date of the City's March election.
5. SPECIAL PRESENTATION: None.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Grossman, seconded by Commissioner Diamond, unanimously
passed and the following action was taken:
A.
The minutes of the November 9, 2004 Commission Meeting, December
16, 2004 Special Meeting and December 16, 2004 Workshop Meeting
were approved.
B.
Resolution No. 2005-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR
STREET LIGHTING IMPROVEMENTS ALONG THE WESTBOUND AND
EASTBOUND FRONTAGE ROADS OF THE WILLIAM LEHMAN
CAUSEWAY BY AND BETWEEN THE CITY OF AVENTURA AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
C.
Resolution No. 2005-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 04-12-3-2, POLICE EGRESS LANE AND DUMPSTER
RELOCATION, TO PARAMOUNT ENGINEERING, INC. AT THE BID
PRICE OF $77,375.98; 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.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO INCLUDE DEFINITIONS FOR "SECONDHAND
JEWELRY" AND "SECONDHAND PRECIOUS METALS" AND TO AMEND
SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE
PURCHASE AND SALE OF SECONDHAND JEWELRY AND SECONDHAND
PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF
SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL
SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS AND
TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2)
DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
2
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Auerbach, Mayor Perlow opened the public hearing. The
following individuals addressed the Commission: Robert Stock, Esq., 2875 NE
191st Street; and Mr. Levine, representing the International Jewelry Exchange.
There being no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2005.()1 was
enacted.
9. RESOLUTIONS - PUBLIC HEARING: None,
10.0THER BUSINESS: Ms. Soroka advised the Commission that the County has
requested that the City consider rescheduling the March 1st election to March 8th, to
coincide with the County's special election. After discussion, a motion was offered
by Vice Mayor Cohen, seconded by Commissioner Diamond and unanimously
passed not to change the date of the municipal election.
Ms. Soroka further advised the Commission that if they did not wish to provide early
voting in accordance with state statute, it would be necessary to opt out of this
provision of the state statute and enact procedures specifically for the City of
Aventura. A motion was offered by Vice Mayor Cohen, seconded by Commissioner
Diamond and unanimously passed to direct the City Attorney to prepare an
ordinance opting out of the state statute mandating early voting, to be addressed at
the January 6, 2005 Special Meeting.
11.PUBLIC COMMENTS: Joe Platnick, 18071 Biscayne Boulevard.
Mayor Perlow recognized Senator Gwen Margolis and Representative Dan Gelber
who were in attendance to present a check to the City for stormwater drainage in the
amount of $215,000.
12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
3
The Ctty of
Avenfura
-i)-
'",,/
MINUTES
CITY COMMISSION MEETING
JANUARY 6, 2005 10 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 10 a.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. ORDINANCE: FIRST READING: At the direction of the Commission at its January
4, 2005 meeting, Mr. Wolpin prepared an ordinance to provide for the City to opt out
of the state statute provisions regarding early voting, and he read the title as follows:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" BY
AMENDING ARTICLE II "CITY COMMISSION AND MAYOR", BY
CREATING SECTION 26-34 "EARLY VOTING"; EXEMPTING CITY
MAYORAL AND COMMISSION ELECTIONS FROM THE PROVISIONS
OF PARAGRAPH (1)(b) OF SECTION 101.657, FLORIDA STATUTES,
CONCERNING EARLY VOTING AND INSTEAD AUTHORIZING A
SHORTENED DURATION FOR EARLY VOTING FOR CITY MAYORAL
AND COMMISSION ELECTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Cohen, and seconded by
Commissioner Diamond. 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.
It was the consensus of the Commission that early voting be provided for any regular
and run-off elections and that early voting be held at the Aventura Government
Center, unless otherwise amended.
3. John Shubin, Esq., and Alan Tinter, the City's outside counsel and consultant,
respectively, discussed the Gulfstream Park DR!. It was the consensus of the
Commission to proceed as follows:
1) City Manager to notify the City of Hallandale Beach that it is not the City's
desire to impede the development of this project, but wishes to insure that
the City's concerns are addressed.
2) Mr. Shubin to contact Magna to discuss City's concerns
3) Prepare documentation regarding case for aggregation
4) Locate hard data to quantify impact of slot machines
5) Send letter to Broward County regarding the City's entitlement to
mitigation
6) Schedule next meeting for February 3, 2005 for further discussion
including possible legislative remedies.
4. 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 12 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record indudes the testimony and evidence upon which the appeal is to be based.
2
A'!ße C~ of
fiventura
-~-
MINUTES
COMMISSION WORKSHOP MEETING
JANUARY 20, 2005 3 p.m.
Aventura Government Center
19200 W. Country Club Drive
Avenlura. Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Jeffrey M.
Perlow at 3 p.m. Present were Commissioners lev Auerbach, Jay R. Beskin, Bob
Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, 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. REQUESTED LDR REVISION: Cliff Schulman, Esq., on behalf of his client, RJ LLC
d/b/a OXXO Care Cleaners, requested amendment of the City's Land Development
Regulations to permit dry cleaning services on premises in the Neighborhood
Business District B1.
CITY MANAGER SUMMARY: Staff directed to recommend conditional use
approval mechanism for B-1 District to be considered at a future Workshop Meeting.
2. TSUNAMI RELIEF PROGRAM: Nadine Wentrow, Turnberry Associates Marketing
Director, requested City's participation in Tsunami Relief Program.
CITY MANAGER SUMMARY: Consensus to participate to the following extent a)
Allow banners on businesses in the City with property owner/City Manager approval;
b) allow flyer insert in employee payroll envelopes advertising program; c) publish
article in Aventura Update; d) allow signage in medians; e) allow use of City name in
relief efforts; and f) permit volunteers to place bands for sale throughout community.
3. LEGISLATIVE PROGRAM AND PRIORITIES: Mr. Soroka distributed proposed
program.
CITY MANAGER SUMMARY: Consensus to amend second provision to delete
"traffic" and replace with "development". Resolution adopting policy as amended to
be considered at February 1st Commission meeting
4. FEC TRANSPORTATION UPDATE: Mayor Perlow reported on a meeting he
attended November 22, 2004 in Fort Lauderdale regarding a feasibility study for
transit line along FEC corridor. He also provided an update on a recent meeting with
neighboring Mayors and City Managers regarding traffic transportation issues on
Collins Avenue. Lastly, discussion ensued regarding the County's proposed use of
transit tax funds.
CITY MANAGER SUMMARY: No further action necessary at this time.
5. 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 5:30 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered al 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.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ¡¿
Eric M. Soroka, ICMA-CM, City ¿ ger,
January 6, 2005
Law Enforcement Mutual Aid Agreement Between the City and the
Village of Miami Shores
February 1, 2005 City Commission Meeting Agenda Item ~.ß
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Village of Miami
Shores.
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/act
Attachment
CCO1333-05
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
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 Miami Shores Village for law enforcement activities in substantially
the form as attached hereto,
Section 2.
The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
, who moved its
adoption, The motion was seconded by Commissioner
, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 1st day of February, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
MUTUAL AID AGREEMENT
Between the Village of Miami Shores Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the Village of Miami
Shores, 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 County municipalities; and
WHEREAS, the participating Dade 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 Village of Miami Shores,
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 agreemen~ 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
Village of Miami Shores Police Department or the participating
municipal police department.
C.
Agency Head: Either the Chief of the Village of Miami Shores
Police Department, or the Chief's designees, and the Chief of
Police of the participating municipal police department, or the
Chief's designees.
D.
Participating municipal police department: The police
department of any municipality in Dade 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
7.
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
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, 2010, 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 officers of the parties hereto.
AGREED AND ACKNOWLEDGED this _day of
,200_.
City Manager, Village of Miami Shores, FL
City Manager, City of Aventura, Florida
ATTEST:
ATTEST:
City Clerk, Village of Miami Shores, FL
City Clerk, City of Aventura, Florida
TERESA M. SOROKA, CMC/AAE
APPROVED AS JO FORM AND LEGAL SUFFICIENCY:
City Attorney, Village of Miami Shores, FL
City Attorney, City of Aventura, Florida
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE VILLAGE OF MIAMI SHORES POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating 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 Village of Miami Shores,
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, cQntroversial 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.
10.
11.
12.
13.
14.
15.
16.
17.
DATE:
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 of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
Joint training in areas of mutual need
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
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:
Chief of the Village of Miami Shores Police Dept.
Village of Miami Shores, Florida
Chief of City of Aventura Police Dept.,
Aventura, Florida
THOMAS E. RIBEL
ATTEST:
ATTEST:
Village of Miami Shores, FL, CITY CLERK
City Clerk, City of Aventura
TERESA M. SOROKA, CMC/AAE
JOINT DECLARATION AMENDMENT UNDER
VILLAGE OF MIAMI SHORES POLICE/
AVENTURA 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 Village of Miami Shores
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, ruies, 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 Village of Miami Shores Police
Department.
Date
Date
, Village Manager
Village of Miami Shores, Florida
Eric M. Soroka, City Manager
Aventura, Florida
, Chief of Police
Village of Miami Shores Police Dept.
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
(914;Joint Declaration)
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~
Eric M. Soroka, ICMA-CM, City. a ag
January 6, 2005
Law Enforcement Mutual Aid Agreement Between the City and
Miami-Dade County
February 1, 2005 City Commission Meeting Agenda Item ...k..:.c....
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with Miami-Dade County.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1.
2.
The joint multijurisdictional criminal investigations.
Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
Any natural disaster.
Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
Terrorist activities including, but not limited to, acts of sabotage.
3.
4.
5.
6.
7,
8.
9.
10.
11.
12.
13.
14.
15.
Escapes from disturbances within detention facilities.
Hostage and barricade subject situations, and aircraft piracy.
Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
Enemy attack.
Transportation of evidence requiring security.
Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
Security and escort duties for dignitaries.
Emergency situations in which one agency cannot perform its functional
objective.
Incidents requiring utilization for specialized units, e.g" underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1332-05
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
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
Metropolitan Dade County and the City of Aventura for law enforcement activities in
substantially the form as attached hereto,
The City Manager is hereby authorized to do all things necessary and
Section 2.
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3.
This Resolution shall become effective immediately upon its adoption,
The foregoing Resolution was offered by Commissioner -' who moved its
adoption. The motion was seconded by Commissioner -' and upon being put to a vote,
the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 1st day of February, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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Miami-Dade Police
Department
Director's Office
An Intern"iomlly
Ac",d;ted
Police Smi"
November 2, 2004
Chief Thomas E. Ribel
A ventura Police Department
19200 W. Country Club Drive
A ventura, Florida 33180
RECEIVED
~~ 05 2004 J
AVENTURA POLICE
Dear Chief Ribel:
On January 1, 2005, the Mutual Aid Agreement, Joint Declaration, and Addendum to the
Joint Declaration, which currently exist between Miami-Dade County and your
municipality, will expire. We are enclosing renewal documents that consist of five
original Mutual Aid Agreements and five original Joint Declarations. The current
Addendum has been incorporated in the renewal Joint Declaration. If the documents
meet the requirements of your municipality, please effect their execution and return all
five signed originals to:
Commander Angela S. Brown
Miami-Dade Police Department
Budget, Planning and Resource Management Bureau
9105 NW 25 Street, Room 3055
Miami, Florida 33172
Once the documents are received, the appropriate Miami-Dade County officials will
execute each one, authorizing the renewal agreements to become effective as described in
paragraph 9 and supersede all prior Mutual Aid Agreements. After such execution, your
agency will receive two fully executed originals.
The Miami-Dade Police Department will file copies of all executed documents with the
Florida Department of Law Enforcement as required by the Florida Mutual Aid Act.
Should you require additional information, please contact Commander Angela S. Brown
at 305-471-2520.
Sincerely,
x~.
Robert Parker
Director
Enclosures (2)
9105 NW 25 Street. Miami, Florida. 33172-1500
Telephone (305) 471-2100 . Fax (305) 471-2163 . Website http://www.mdpd.com
MUTUAL AID AGREEMENT
Between Miami-Dade County and Participating
Municipal Police Departments
Whereas, it is the responsibility of the governments of Miami-Dade County,
Florida, and the participating Miami-Dade County municipalities 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 man-made conditions which are, or are
likely to be, beyond the control of the services, personnel, equipment, or facilities of the
Miami-Dade Police Department or the participating municipal police departments; and
Whereas, in order to ensure that 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 County of Miami-Dade
and the participating Miami-Dade County municipalities; and
Whereas, Miami-Dade County and the participating Miami-Dade County
municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid
Act, to enter into á mutual aid agreement;
NOW, THEREFORE, BE IT KNOWN that Miami-Dade County, a political
subdivision of the State of Florida, and the undersigned representatives, in consideration
r-
for 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 tenDS and conditions:
1.
Short title: Mutual Aid Agreement.
2,
Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement intensive 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 Agreement.
Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent
declarations W\th the clerks of the respective political subdivisions.
b.
Agency or participating law enforcement agency: Either the Miami-Dade
Police Department or the participating municipal police department.
2
4.
c.
Agency head: Either the Director of the Miami-Dade Police Department, or
the Director's 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 Miami-Dade County, Florida, that has approved and executed
this Agreement upon the approval of the governing body of that municipality.
e.
Certified law enforcement employee: 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 ITom whom
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 manpower,
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.
3
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, including
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 normally employed.
b.
The political subdivision having financial responsibility for the law
enforcement agency providing services, personnel, equipment, or facilities
pursuant to thé 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.
4
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 the rendering of such aid and shall deITay 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 exemption ITom ordinance 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 extra
territorially under the provisions of this Mutual Aid Agreement.
The
provisions 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 ITom any
5
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 this
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 conflicts 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, 2010. Under no circumstances may
this Agreement be renewed, amended, or extended except in writing.
6
10. Cancellation: This Agreement may be cancelled by either party upon sixty (60)
days written notice to the other party. Cancellation will be at the discretion of
the chief executive officers of the parties hereto,
AGREED TO AND ACKNOWLEDGED this
day of
,200-
City Manager
City of Aventura, Florida
County Manager
Miami-Dade County, Florida
ATTEST:
ATTEST:
City Clerk
City of Aventura, Florida
County Clerk
Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
City Attorney
City of Aventura, Florida
County Attorney
Miami-Dade County, Florida
7
JOINT DECLARATION BETWEEN THE DIRECTOR OF THE MIAMI-DADE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF A VENTURA POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT.
A deputy sheriff or police officer of either of the participating 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 fÌ'om the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore
entered into by the City of Aventura and Miami-Dade County, 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 fÌ'om time to time as needs dictate by subsequent
declarations.
1.
Joint multijurisdictional criminal investigations.
2.
Civil affÌ'ay 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 fÌ'om or disturbances within detention facilities.
7.
Hostage and barricaded subject situations, and aircraft piracy.
8.
Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9.
Enemy attack.
10. Transportation of evidence requiring security.
II. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
12. Security and escort duties for digoitaries.
13. Emergency situations in which one agency cannot perform its functional objective.
14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft,
canine, motorcycle, bomb, crime scene, marine patrol, and police information.
15. Joint training in areas of mutual need.
16. Joint enforcement of all traffic laws 24-hours per day all year, within the area
described, beginning at the intersection of the south right-of-way line of Northeast 203
Street and the center line of the Florida East Coast (FEC) Railroad tracks, from the
center line of the FEC Railroad tracks, west to the west right-of-way line of Northeast
26 Avenue, from the west right-of-way line of Northeast 26 Avenue, north to the north
right-of-way line of Northeast 203 Street; from the north right-of-way line of
Northeast 203 Street, east to the center line of the FEC Railroad tracks; from the center
line of the FEC Railroad tracks, south to the south right-of-way line on Northeast 203
Street, inclusive of all areas within this description.
17. Joint enforcement of all traffic laws 24-hours per day all year, within the area
described, beginning at the intersection of the south right-of-way of Miami Gardens
Drive and the center line of the FEC Railroad tracks; from the center line of the FEC
Railroad tracks, west to the west right-of-way of West Dixie Highway; from the west
right-of-way of West Dixie Highway, north to the north right-of-way of Miami
Gardens Drive; from the north right-of-way of Miami Gardens Drive, east to the center
line of the FEC Railroad tracks; from the center line of the FEC Railroad tracks, south
to the south right-of-way of Miami Gardens Drive, inclusive of all areas within this
description.
The following procedures will apply in mutual aid operations:
1.
Mutual aid requested or rendered will be approved by the Director/Chief of Police or
designee.
2.
Specific reporting instructions for personnel rendering mutual aid should be included
in the request for mutual aid. In the absence of such instructions, personnel will report
to the ranking on-duty supervisor on the scene.
3.
Communications instructions will be included in each request for mutual aid and the
Miami-Dade Police Depart~ent Cornmunications Bureau will maintain radio contact
with the involved agencies until the mutual aid situation has ended.
4.
Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures.
Concurrent Jurisdiction:
It is to the mutual benefit of the City of Aventura Police Department and the
Miami-Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while
2
in another jurisdiction, are often present at events where immediate action is necessary, or are
able to expeditiously conclude an investigation by identifying and arresting an offender.
a) Concurrent law enforcement jurisdiction in and throughout the territo-
rial limits of participating municipalities and Miami-Dade County,
Florida, excluding those areas within the territorial limits of munici-
palities not participating in this Joint Declaration and areas in which the
Miami-Dade Police Department does not have law enforcement juris-
diction, for arrests, made pursuant to the laws of arrest, for felonies and
misdemeanors, including arrestable traffic offenses, which spontane-
ously take place in the presence of the arresting officer, at such times as
the arresting officer is traveling from place to place on official business
outside of his or her jurisdiction, for example, to or from court, or at
any time when the officer is within the territorial limits of his or her
jurisdiction, and provided that, in the context of this Joint Declaration,
"official business outside of his or her jurisdiction" shall not include
routine patrol activities, preplanned operations, or undercover
investigations.
b) Concurrent law enforcement jurisdiction in and throughout the territorial
limits of participating municipalities and Miami-Dade County, Florida,
excluding those areas within the territorial limits of municipalities not
participating in this Joint Declaration and areas in which the
Miami-Dade Police Department does not have law enforcement
jurisdiction, for arrests, made pursuant to the laws of arrest, of persons
identified' as a result of investigations of any offense constituting a
felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes, when such offense occurred in the municipality
employing the arresting officer, should the arresting officer be a
municipal law enforcement officer. However, absent a search warrant,
concurrent jurisdiction under this subparagraph does not include
authority to make nonconsensual or forcible entries into private
dwellings, residences, living spaces or business spaces which are not
open to the public, i.e., authority derived pursuant to this subparagraph
may be exercised only when in places open to the public or private
places into which the arresting officer has entered with the consent of
an occupant entitled to give consent. When operating under mutual aid,
municipal law enforcement officers may execute search warrants for
offenses which occurred in the municipality. Municipal officers may
execute the search warrant, impound all property, make arrests and file
the Return and Inventory.
Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b)
above, the officer shall notify the designated officer of the jurisdiction in which the action will
be taken, unless exigent circumstances prevent such prior notification, in which case
3
notification shall be made as soon after the action as practicable. Furthermore, all arrests
made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions
of the Clerk of the Court, in such manner as to insure that any revenues or surcharges
generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was
made.
Pursuant to this Joint Declaration, the City of Aventura Police Department shall, before
exercising concurrent jurisdiction, adopt as part of its agency's Standard Operating
Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement
Jurisdiction:
STANDARD OPERATING PROCEDURE FOR
CONCURRENT LAW ENFORCEMENT JURISDICTION
1. PURPOSE:
To provide specific guidelines for the use of concurrent law enforcement jurisdiction.
II. POLICY:
It shall be the policy of the City of Aventura Police Department that law enforcement
officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in
unincorporated Miami-Dade County and within any municipality which participates in this
Mutual Aid Agreement when the offense takes place in the officers' presence while
officers are within their jurisdictions or while they are traveling ITom place to place on
official business outside his or her jurisdiction, i.e., to or ITom court, or as a result of an
investigation of any offense constituting a felony or act of Domestic Violence as defined
in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of
the investigating officer. However, absent a search warrant, concurrent jurisdiction does
not include authority to make forcible entries into private residences or businesses which
are not open to the public, i.e., authority may only be exercised in places which are open to
the public or with the consent of an occupant entitled to give consent. When operating
under mutual aid, municipal law enforcement officers may execute search warrants for
offenses which occurred in the municipality. Municipal officers may execute the search
warrant, impound all property, make arrests and file the Return and Inventory.
A.
General Requirements:
1. Prior to taking any enforcement action, the officer shall notify the designated
officer of the jurisdiction in which the action will be taken, unless exigent circum-
stances prevent such prior notification, in which case notification shall be made as
soon after the action as possible.
2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and
processed in such manner as to ensure that any revenues or surcharges generated
shall be directed to the jurisdiction in which the arrest was made.
4
3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage
in vehicle pursuits.
4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agree-
ment does not include preplanned operations, undercover investigations, stings, or
sweeps.
5. Officers shall not conduct routine patrol activities outside of their jurisdiction,
6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be
faxed to the agency head of the agency within whose jurisdiction the action was
taken as soon as possible after the action has taken place.
7. Any conflicts regarding jurisdiction will be resolved by allowing the agency
within whose jurisdiction the action took place to take custody of any arrestees
and/or crime scenes.
8. All concurrent jurisdiction stationary surveillance activities shall require notifi-
cation of the agency within whose jurisdiction the surveillance takes place. The
notification shall include the general location of the surveillance and a description
of the vehicles involved. Mobile surveillaoce shall not require notification unless
concurrent jurisdiction enforcement activities take place.
~
Thomas E. Ribel, Chief
City of Aventura Police Department
Date
Robert Parker, Director
Miami-Dade Police Department
Date
Harvey Ruvin
County Clerk
Date
5
AGENDA ITEM 6-D
CITY OF A VENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2005
Mayor Jeffrey M. Perlow
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Vice Mayor Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2005
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1.
Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2.
Impose development concurrency review on race track and fronton facilities that
may be authorized to provide legalized slot machines to the public.
3.
Authorize detection devices at traffic signals of red light runners and the
issuance of citations.
4.
Provide for the coordinated and comprehensive efforts for statewide and local
security and anti-terrorist programs in conjunction with the Federal government.
5.
Will not create revisions in municipal pension plans or State Statues that will
impose additional mandated financial obligations for municipalities.
6.
Adopt the 2005 Policy Statement of the Florida League of Cities.
The City of Aventura will seek financial assistance and grants for the following
projects:
1.
2.
Funding for Stormwater drainage improvements.
Funding for Park development.
RESOLUTION NO. 2005"-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2005 LEGISLATIVE PROGRAM AND
PRIORITIES ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2005 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption hereof.
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 Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 1st day of February, 2005.
JEFFREY M. PERLOW, MAYOR
A nEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A nORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission h~
Eric M. Soroka, ICMA-CM, City ~n r
January 24, 2005
Recommendation to Appoint Member to the Police Pension Board of
Trustees to Fill Vacancy
TO:
FROM:
SUBJECT:
February 1, 2005 City Commission Meeting Agenda Item li
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
Alan A. Lips as a member of the Police Pension Board of Trustees.
BACKGROUND
The Police Pension Plan Ordinance provides for the City Commission to appoint two (2)
legal residents of the City from a list provided by the City Manager to the Police Pension
Board of Trustees.
Recently, one of the original appointments selected by the City Commission chose to
resign. After advertising extensively in the various media formats available to the City,
the City received two applicants for the vacancy. I interviewed each applicant and
discussed the role of the Board and its responsibilities.
Based on his extensive experience in dealing with pensions, I am recommending Alan
A. Lips as a member of the Police Pension Board of Trustees. The other applicant was
Marshal Cohen.
All Trustees serve a term of two (2) years.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1336-05
RESOLUTION NO. 2005--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF A MEMBER
TO THE BOARD OF TRUSTEES OF THE POLICE
OFFICERS' RETIREMENT PLAN TO FILL A VACANCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement
Plan; and
WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, two
members of the Board of Trustees of the Police Officers' Retirement Plan shall be
appointed by the City Commission from a list provided by the City Manager; and
WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, in the
event of a vacancy, a replacement shall be chosen in the same manner as the person
who has left office; and
WHEREAS, the City Commission wishes to provide for the appointment of a
member to the Police Officers' Retirement Plan to replace the Commission's appointee,
Harris C. Friedman, who has resigned.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby appoints Alan A. Lips to serve as one
of its appointees to the Board of Trustees of the City of Aventura Police Officers'
Retirement Plan, for a two-year term from the date of adoption of this resolution, to
replace Harris C. Friedman, who has resigned.
Section 2,
adoption,
This Resolution shall become effective immediately upon its
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:
,
, and
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005--
Page 2
PASSED AND ADOPTED this 1st day of February, 2005.
JEFFREY M, PERLOW. MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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CITY OF AVENTURA
APPLICATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
Potential boarrJ members must be registered volers who have resided in the City of Aventuta for six (6)
months immediatety prior to an appointment 10 the 808rrJ. Applicants should have expressed interest
and/or experience in finance, investments and/or familiarity with pension plans.
ALAN A. LIPS
(Please Print)
Address: 1./Ø3!i ¡.It 31. IIV~ A'/6/fVff.A I fr. 3'!.Ji'o
Home Phone: S,,",-"rt-"S'I Email Address: q,o'/8j,"CO - c,-. ,...,
~t.o
Business Name: G~, fRE$rwI ~ea/~J"¡ Occupation: c.rA - PA"TNEk
Business Address: I,{'l. 11 SrlEer Mf""'" B~",. Ii. 111'11
Business Phone: 1øS-tU"-3h. Fax: hS-IHV-UVo
Name of Applicant:
If Retired, list former business name, address and position:
Qualifications: CPA '^,1Iè, ,I. to r¡; . 1" A.....c ,..,vd. to< en";"
(Brieftydescribe the specifìcexperti nd/or .bìl~ies you can contribute as. me¡nber of this Board.). II
in ",eI,; ..if( IIW/;", - 6..f1. ..¡;..,. c.. c...t;.,. .Hc..,¡,..:ri 4J WU
,
AI "'JiJ-lI~ ,;...... c..rr..:ñ;."...J ovCltj{+ oÞ .'fIU';" p)"'J.
Please attach a resume along with your application.
I understand that in accordance with the State of Florida Government in Ihe Sunshine
Law, this information may be made public. I understand that all board appointments are
for voluntary, uncompensated services and I will be subject to the requiremenls of the
State of F d Financial Disclosure Requirements.
51g
,),/..1'
Dater,
Fax or Mall completed application & resume to:
Office of the City Manager
Government Center
19200 West Country Club Drive, Aventura, FL 33180
(305) 488-8910 (305) 486-8919 Fax
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3058646740
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ALAN A. LIPS, CPA
Batkground
History:
More tban 10 years of experience io public accountiog with aD exteosive
backgrouod io real estate developDJeØt, management aDd cOllStructioo,
manufacturiDg and proresslooaI services.
ExpeMnCII
1995 to the Present:
Gersoo. Preston. Robinson & Company. r.A.. Mio.mi &lM:h, Florida - (3(J5)868-3600
Part1Ier
. Com:entrates 01l111te17U1lional Taxation.
. Advises dients 011 ÜIbound ønd outboruul Í/lvestment stnlctuTÍ1lg.
. Designs strategies ill pre-immigratioll tax planning.
. Prepores eSÚlle tax plannillg for cUellts.
. Mll1I4ges ønd (} IeTlees audit ønd review engagements.
. Business aequisiJions planning, due diligem:e, Qlfd complex trtmsactions
1993-1995:
BDO Seidman. A1IontIl. GA
. SúJjJ member in audit department.
. Focus 011 manufacturing alld distributiOIl.
Educalional Btu:Jcground
fllId CertifiCQ/ÌOn
Bathelor's Degree ill accounting with hollOTSfrom the Ulliversity of Georgia ill 1993.
Certified l'ublk Accoutú41lt ill Florûla Qlfd Georgia
Master's Degree illltWllion fTOlll FIoridIlltúemtlliollal University ill 1998.
Member of both the Florida ønd the AmeriCllR Illstitute of Pub/ú: AcCOUlltlJnts.
MÚUl/i BeodI Deve1op1lle1lt Advisory Boord member
President of the Florida Chllpter of AmeriCllR Men's ORT.
Treasurer of Mount Sinai MediJ:al Center's Young President's Club.
Boord member of Mount Sinai MediCIÚ Center Fouruhltion.
ChaiTlllllll of Young Professionals Anti-Defll1/UlJÚJ/l League
Member of the Mio.mi Beach Chœnber of Co_ree's Pi1Jor of Trustees.
Member of the Aventura Marketing Coullcil Rmuultable
Board Member of Help, Illc.
Jewish NtIIioIIal Fund Board of Director
CITY OF AVENTURA
APPLICATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
Polenllal boam members must be registered I/Oters who have I'tIsided in the City of Mentuta for sIX (6)
months immediately prior /0 an appointment to the Board, Applicants should have expressed Interest
andlorexperience in finance, investments and/or familiarity with pension plans.
Name of Applicant: --/'IJ1J'A....5lf Au- ~ìfCJ
(Please Print)
Address: Jl.;1> C("c.,,-, ¿L..Jf3 0 t ll'~ ,A Vtf'o/tVl\.lt f-l- 1'3 1J"~
I ,
Home Phone: )P.)~':i'JÎ- 7.-"t"-'L-Email Address: MItA..t3-rv'34¡o e. )1DLÚt1
Business Na~e:-'-- '" .'. '------'-Ô~:~~tion: 1?~4.ii-"""
Business Address:
Business Phone:
Fax:
J°S'- 'In - 'L-4- (p"'\-
If Retired, list former business name, address and position: hlt,( tJd ¿ ~"...,-t'ner-:
J (,. t ø I(A-(;'it,r l..LJ;) Ot¿t.Jt1. II ¡/€'--ffLJut h.. J') If'e
r
If> S (1H..J: fJÄCtlJe-,,¡í
Qualifications: SIE' IJ{' II yétH..f' A-ó It l1-C,c 'C>v..JrJ' 1,f«4;1 ~
(Briefly describe the speciflc expertise an~r eblliUes you can oontribute a. a member 01 '. his Board,)
IhJJ I f'Þt1... A-..JAt.--¥"L,Ñv MT C-L..lt!i....4Y ILoc.ft...A'15 ... .111
I
1)r¡;r1L (/fi'~~I>"- Jb øØ1n-I1.""E: teJlfvUi".. ffc.:"" M-Jcct HO,J~
¡".;,,~ ~JE 1/4;J<ffJ <IÞ,J rzrTi11L Cc-....c:JtAt..l"./~ 4t.e.&oX6,...t(Ç...r'r (.<.<f1~
'1J1'eI.l.. V ~ ..s ð<>-'\-~-
Please attach a resume along with your application.
I understand that in accordance with the State of Florida Governmenl in the Sunshine
Law, this information may be made public. I understand that a/I board appointments are
for voluntary, uncompensated services and I will be subject to the requirements of the
State of Florida Financial Disclosure Requirements.
~ C-e--
Signature of Applicant
Date
¡V/> vt:'/"f./f ~ I "2-00 '+
,
Fax or Mall completeG application & resume to:
Office of the City Manager
Government Center
19200 West Country Club Drive. Avenlui'a. FL 33180
(305) 466~110 (305)46&-8919 Fait
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ManllaD Coltell
3610 Y..,ht Clob Drive Apt. 903
Avelltun, FI 33180
305--937-2462
November 1, 2004
Dear Sir or Madalll,
Attached you wiD find ..y resume covering the years from 1972 to 1989.
From the years 1989 lllItiI2001, I WIllI a contnctuala&ent opentlag as a aeeolla.ts
payable auditor aDd fIIaetiooiag as a slllllle proprietorship. Ja 1000 I
Incorponted.u a sub-chapler S corpontioQ 10 the state of Florida aDd I fuDctioned
as the Presidellt.
My eReats were multl-stoh ntaU orgaDlPdoM sueh as Dbeount Auto Parts, K&K
supennamts, Office Depot add Albertsoa's opential: iB the Florida Market. Prior
to lIIovlng to Aveatun 1111995, l1li lilY eDellts weft Joeated In tbe New ElIgland area.
I serviced sueb eUeDts as KB Toys, Caldor's aDd Stop add Shop Supennarkets.
My prlDl8ry nspoaslblUty, was to allalyze prior yean aeeoua" payable records alld
to recover aDY profits due from the vendors serviclallDY cUeDts. My recoveries
naged from $200,000 to over $3,000,000, depending upoa tbe .b.e of tbe clients
business.
I. addition I perfonned In a eo...lt8nt's upadty. by preparing a (onn.. report and
advisiag my clieBt's what areas of their opentloas, lDerchandising or aceouatinl ,
eoufd be ÚDproVed.
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. ""'"'
,r-
;--
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/
/
Marshall cohen
69-40 108th Street
Forest Hills. NY 11375
Office (212) 571-2088
Home (718) 544-1416
RetaU Executive
Accomplished doer with expertise in merchandising and
merchandising control. Results oriented manager. Skilled
planner and analyst. persuasive communicator and
supervisor. Effective team builder.
BXDerience
consultant
Retail Computer Systems Installations
1989 - Present
Directed the creation of data processing information-system
department. Managed the successful installation of a
turnkey system. Hired the hands~on technical staff.
Initiated system operations within 6 weeks.
. successful installation provided key merchandising and
financial data, enabling company to be more efficient and
competitive.
. Created professional store operating manuals, which
allowed for standardization and streamlining of
information processing, resulting in time savings of
over 60%. "
Hahnes
Divisional Vice presia.nt
Merchandise Controller
"
,">;
1977 - 1989
1983 - 1989
Responsible for flow of merchandise information to merchants.
Created and implemented P.C. based planning aids for all
levels of merchandise management. Provided training for
buying and store line executives.
. Created system to capture SKU data that increased sales
45% in the domestics area.
. Reduced buyer's planning man hours 70% by developing
computer programs to prepare assortment plans, vendor
profitability analyses and seasonal conversions.
. Initiated "Weekly 10 Best selling styles" reportr enabling
merchants to immediately maKimize current sales
opportunities,
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Marshall Cohen
PagG 2
1977 - 1983
Divisional Viae President
store Manager
Managed the Hahnes, westfield, N.J- store. Supervised staff
of 17 executives and 200 hourly associates.
. Increased volume ~ to $18.500.000 by dramatically
improving in-store merchandising and aggressively pursuing
key items and classifications. Increased sales per square
foot from 1lli to ~
. Improved net profit from 10.8% to ~ by increasing
sales, changing merchandise mix and reducing expenses.
J.M. Fields
Divisional Kerohandi.. Manager
1914 - 1917
,.-..
Merchandised domestics, curtains and draperies, lamps, gifts,
hardware and paints. Divisional volume $30,000,000.
. Built business from $7.5 million to $10 million in 9
months in a curtain and drapery area by focusing the
assortment, promoting aggressively and weeding slow
sellers.
1973 - 1974
Kacy's, paramus,BJ
Store Divisional Kerchandise Manag.r
Controlled the budget apparel operation in the Paramus store.
. Increased sales $550.000 by employing merchandising and
analytical skills to insure ownership of volume items.
Linens and Things
~r.a supervisor, Specialty stor..
1972 - 1973
Directed total operation of 6 specialty stores.
. Installed a complete planning and open-to-buy system which
targeted growth potential by store and classification.
Education
----
City University of New York
City university of New York
BBA
MBA Program
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CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission é
Eric M. Soroka, City ag
'~ore, Fin nc ort Services Director
TO:
BY:
DATE:
January 26, 2005
SUBJECT: End of Year Budget Amending Ordinance
1st Reading O).-ú/. 05' City Commission Meeting Agenda Item ~
2nd Reading 03 to - 0 5" City Commission Meeting Agenda Item-
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2003/2004 budget.
Backaround
As you are aware, we are in the process of closing the books for the 2003/2004 fiscal year.
We are now to the point where we can formally amend the budget so that the adopted
budget contains appropriations sufficient to cover all actual expenditures. The process is
called the end of year "clean up" amendment and is done as a matter of course each year.
General Fund
For the City Managers office, lobbyist services were greater than budgeted due to billings
from Blosser Sayfee as well as the increase in the Ron Book contract. Website
maintenance was higher due to enhancements to the web page.
For Legal, the budget did not anticipate the high level of legal matters which were handled
during the year. Included were costs of the 199th Street Crossing, Gulfstream DRI and
Cable Franchise transfers.
For the City Clerk Department, legal advertising was greater than budgeted. Election
expenses were not budgeted for the March 9, 2004 referendum election relating to terms
of office and length of service.
For the Public Safety Department, overtime was greater than budgeted primarily as a
result of the costs relating to Hurricane Francis on September 3 and 4, 2004. Retirement
was greater than budgeted due to the adoption of the Police Officers Defined Benefits Plan
requiring 14.5% contribution on overtime, holiday pay and other pays rather than just
salary. Gas and oil costs were greater due to unanticipated increase in the cost of
gasoline.
Page 2
Memorandum to City Commission
End of Year Budget Amending Ordinance
For the Community Development Department, an increase of $170,000 is required
because the level of building activity was greater than projected during the year. This is
more than offset by additional revenue for building permits ($476,000).
For Community Services, engineering professional services were greater than budgeted
by $28,000. This is offset by revenues in the same amount.
Non departmental requires a total of $339,000 in additional appropriations. Liability &
Property Insurance was $213,000 greater than budgeted. This was discussed with the
City Commission on October 7, 2003 when we awarded the bid for insurance.
Hurricane/Storm expenses were costs associated with preparing for and cleanup and
restoration relating to Hurricane Frances. A portion of these amounts are included in
federal grant revenue. The transfers to the debt service funds were due to costs relating to
the 2002 loan from Florida Intergovernmental Finance Commission (FIFC).
Capital Outlay/Public Safety appropriations need to be increased to reflect two grants
received which were not included in the original budget. These amounts are offset by
injecting federal grant revenues in the same amount.
Capital Outlay appropriations for the Charter School addition need to be injected into the
2003/04 budget. These funds were included in the 2004/05 budget but the project
progressed quicker than projected.
For the General Fund total actual revenues were significantly greater than budgeted. The
amount included in the budget amendment is only the amount necessary to offset the total
over expenditure. Total actual General Fund Revenues were approximately $1,500,000
greater than budgeted. After reappropriation for open purchase orders and contracts for
capital accounts, the total fund balance available to fund the 2004/05 and future budgets
will be approximately $11.6 million, the same amount as included in the 2004/05 budget.
Therefore, this amendment will not negatively impact future years' budgets or capital
programs.
The 2002 Loan Debt Service Fund and FIFC Debt Service Fund each require a $6,000
adjustment because I failed to include the other debt service costs when we prepared the
original budget.
The FIFC Project Fund needs to have $30,100 appropriated to cover various costs relating
to the expansion of the Charter School building. The amount is offset by interest earnings.
HMK/mn
ORDINANCE NO. 2005--
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-12 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2003/2004 FISCAL YEAR BY REVISING THE
2003/2004 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2003/2004 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1.
The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2,
The City Commission hereby authorizes the amendment of
Ordinance No. 2003-12, which Ordinance adopted a budget for the 2003/2004 fiscal
year, by revising the 2003/2004 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2005--
Page 2
Section 3.
The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance,
Section 4.
Effective Date.
This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner Holzberg, who
moved its adoption on second reading. This motion was seconded by Commissioner
Auerbach and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 1st day of February, 2005.
2
Ordinance No. 2005--
Page 3
PASSED AND ADOPTED on second reading this 10th day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
locallv levied Taxes
3131000 Franchise Fee Electric 1,680,000 140,000 1,820,000
3141000 Utility Tax Electric 240,000 70,000 310,000
SUBTOTAL 1,920,000 210,000 2,130,000
Licenses & Permits
3221000 Building Permits 1,000,000 496,000 1,496,000
3291000 Engineering Penn its 10,000 28,000 38,000
SUBTOTAL 1,010,000 624,000 1,634,000
Interaovernmental Revenue
3312450 Federal Grants 0 264,000 264,000
3343701 State Grants 0 170,000 170,000
SUBTOTAL 434,000 434,000
OBJECT
CODE
Revenues
Appendix A
CATEGORY
Budget Amendments
GENERAL FUND
2803104
ADOP1ED
BUDGET
2003104
REV18ED
BUDGET
2003104
AMENDEO
AMOUNT
Total Amendments-Revenues
Expenditures
3170
4815
3120
4911
4915
$ 1,168,000
City Manaaer
Lobbyist Services 40,000 12,000 52,000
Web Site Maintenance 6,000 2,000 8,000
SUBTOTAL 46,000 14,000 60,000
leaal
Legal Fees 220,000 93,000 313,000
SUBTOTAL 220,000 93,000 313,000
City Clerk
Legal Adversising 40,000 11,000 51,000
Election Expenses 0 12,000 12,000
SUBTOTAL 40,000 23,000 63,000
Appendix A
GENERAL FUND (CONTINUED)
28O3IM 2OOJIO4 2OOJIO4
OBJECT ADOPTED AMENDED REVISED
COOE CA1EØORY 8UDGET AMOUNT BUDGET
Expenditures
Public Safety
1401 Overtime 300,000 50,000 350,000
2201 Retirement 630,852 67,000 697,852
5220 Gas & Oil 90,000 68,000 158,000
SUBTOTAL 1,020,852 185,000 1,205,852
Community DeveloDment
3101 Building Inspection Services 715,000 170,000 885,000
SUBTOTAL 715,000 170,000 885,000
Community Services
3110 Engineering 85,000 28,000 113,000
SUBTOTAL 85,000 28,000 113,000
Non Deoartmental
4501 Liability & Property Insurance 495,000 213,000 708,000
5904 Hurricane/Storm Expense 0 114,000 114,000
9125 Transfer to 2002 Debt Service Fund 396,507 6,000 402,507
9129 Transfer to FIDC Debt Serv Fund 0 6000 6,000
891,507 339,000 1,224,507
Capital Outlav/Public Safety
6403 2003 Local Law Enforcement Grant 0 20,000 20,000
6404 Dade Chiefs Byrne Grant 0 116,000 116,000
SUBTOTAL 0 136,000 136,000
Capital Outlay/Charter School Const.
6307 Charter School Constr. Middle Sch 0 180,000 180,000
SUBTOTAL 0 180,000 180,000
Total Amendments-Expenditures $t,1!1!1,QO )
OBJECT
CODE
2002 LOAN DEBT SERVICE FUND
28Uo'84
ADOP1Ø)
8UOOEI'
CAl£GORV
28OMI4
AMENDED
AMOUNT
Appendix A
20031Ð4
REVISED
BUDGET
Revenues
Other Non-Revenue
3811000 Transfer from General Fund
SUBTOTAL
396,507
396,507
Total Amendments-Revenues
Expenditures
Debt Service
7330 Other Debt Service Costs
SUBTOTAL
Total Amendments-Expenditures
6,000
6,000
$
6,000
0
0
6,000
6,000
$
6,000
FIFC DEBT SERVICE FOR CHARTER SCHOOL CONSTRUCTION
2OUID4 2OO3ID4
OBJECT ADOPTED AlIIENDED
CODE CATEGORY BUDGET AMOUNT
Revenues
Other Non-Revenue
381100 Transfer from General Fund
SUBTOTAL
Total Amendments-Revenues
Expenditures
Debt Service
7330 Other Debt Service Costs
SUBTOTAL
T ota' Amendments-Expenditures
0
6,000
6,000
$
6,000
0
6,000
6,000
$
6,000
402,507
402,507
6,000
6,000
20031Ð4
REVISED
BUDGET
6,000
6,000
6,000
6,000
08ÆCT
CODE
Revenues
2002 FIFC LOAN PROJECT FUND
....
AÞOfJtED
8UDØET
CA TEGORV
Miscellaneous Revenues
3611000 Interest on Investments
SUBTOTAL
Total Amendments-Revenues
Expenditures
Capital Outlay
6307 Charter School Construction
SUBTOTAL
Total Amendments-Expenditures
0
0
....
AMEMDEÞ
AMOUNT
30,100
30,100
$
30,100
30,100
30,100
$
30,100
Appendix A
2OOJIO4
REVISED
BUDGET
30,100
30,100
30,100
30,100
FEBRUARY 1,2005 AGENDA ITEM 8
ORDINANCE NO. 2005-02
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 26 "ELECTIONS" BY AMENDING ARTICLE II
"CITY COMMISSION AND MAYOR", BY CREATING
SECTION 26-34 "EARLY VOTING"; EXEMPTING CITY
MAYORAL AND COMMISSION ELECTIONS FROM THE
PROVISIONS OF PARAGRAPH (I)(b) OF SECTION
101.657, FLORIDA STATUTES, CONCERNING EARLY
VOTING AND INSTEAD AUTHORIZING A SHORTENED
DURATION FOR EARLY VOTING FOR CITY MAYORAL
AND COMMISSION ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 100.3605(1), Florida Statutes, municipalities are
authorized by Ordinance to exempt themselves from provisions of the State Election Code which
do not expressly apply to municipalities; and
WHEREAS, paragraph (1)(b) of Section 101.657 "Early Voting" of the Florida Statutes,
enables early voting to be utilized but does not expressly apply to municipalities; and
WHEREAS, the City Commission desires to exempt municipal Mayoral and Commission
elections commencing with the March 2005 elections from the duration, hours of operation and
other restrictions for early voting as provided by Section 1O1.657(1)(b), Florida Statutes, while
enabling the City to provide for a sufficient, but shortened, schedule of early voting in advance
of such municipal elections.
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 confirmed,
Ordinance NO. 2005-02
Page 2
Section 2.
City Code Amended; Early Votinl!.
That Chapter 26 "Elections" of
the City Code of the City of Aventura is hereby amended by amending Article II "City
Commission and Mayor", by creating Section 26-34 "Early Voting," to read as follows:
Sec. 26-34 Early Voting.
(a)
(b)
(c)
(d)
(e)
(f)
Section 3.
Pursuant to Section 100.3605(1), Florida Statutes, it is hereby
provided that commencing with the March 2005 municipal
elections for Mayoral and Commission offices, all Mayoral and
Commission elections are hereby exempted from the provisions
of Section 101.657(J)(b), Florida Statutes, (the "Early Voting
Statute"). The Early Voting Statute provides for early voting to
begin on the fifteenth day before an election and end on the day
before an election and provides other operational restrictions.
In lieu of the above-described provisions of Section
101.657(J)(b), Florida Statutes, it is hereby provided that early
voting shall be provided on the Saturday and Sunday
immediately before an election, including regular elections and
run-off elections for Mayor or Commissioner.
Early voting shall be provided for up to eight (8) hours for each
day on which early voting is allowed.
The remaining paragraphs of Section 101.657, Florida Statutes,
exclusive of paragraph (J )(b) thereof, shall continue to apply to
the City's Mayoral and Commission elections as provided by
law.
The City Commission may, by Resolution, adopted in advance of
a regular, runoff or special election for Mayor or Commissioner,
alter the schedule of days and times for early voting from that
which is provided above.
The City Clerk is hereby authorized to take any action which is
necessary or expedient to implement early voting in accordance
with this section,
Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
2
Ordinance NO. 2005-02
Page 3
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,
Inclusion in Code. That it is the intention of the City Commission, and it
Section 4.
is hereby ordained that the provisions of this Ordinance shall become and 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.
Conflicts.
That any portion of any City procedural resolution which is in
conflict with the consideration and adoption of this Ordinance, shall not be applicable.
Section 6.
Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its adoption on
first reading. This motion was seconded by Commissioner Diamond and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
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:
3
Ordinance NO. 2005-02
Page 4
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jefftey M. Perlow
PASSED AND ADOPTED on first reading this 6th day of January, 2005.
PASSED AND ADOPTED on second reading this 1st day of February, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
4
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, EXPRESSING THE CITY
COMMISSION'S OPPOSITION TO THE PROPOSED
INSTITUTION OF SLOT MACHINE GAMBLING AT RACE
TRACK AND JAI ALAI FACILITIES WITHIN MIAMI-DADE
AND BROWARD COUNTIES BASED ON THE FACT THAT
NO STRATEGIES AND PROGRAMS HAVE BEEN
DEVELOPED AND IMPLEMENTED BY THE FLORIDA
LEGISLATURE AND ANY GOVERNMENTAL AGENCIES
HAVING APPROPRIATE JURISDICTION TO ADDRESS
THE MITIGATION OF ADVERSE IMPACTS INCLUDING
INCREASED TRAFFIC, INCREASED DEMAND FOR LAW
ENFORCEMENT, AND POTENTIAL ADVERSE SOCIAL
IMPACT; ENCOURAGING THE ELECTORS OF THE CITY
OF AVENTURA AND OF MIAMI-DADE AND BROWARD
COUNTIES TO REJECT THE SLOT MACHINE MEASURE
AT THE MARCH 8, 2005 SPECIAL ELECTION IN MIAMI-
DADE AND BROWARD COUNTIES; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida
and the Board of County Commissioners of Broward County (the "Counties"), have called
special Countywide elections on March 8, 2005 for the purpose of enabling the electors of
the Counties to determine whether slot machine gambling activities shall be authorized at
race tracks and Jai-Alai frontons (the "Facilities") situated within each of the Counties;
and
WHEREAS, the City Commission finds that the provision of slot machine gambling
activities at Facilities located within the Counties, including, but not limited to, the
Gulfstream Race Track which is located both within Broward County and Miami-Dade
County, will expose the City of Aventura and its residents, businesses and guests to a
multitude of adverse impacts including increased traffIC, increased demand for law
enforcement, and potential adverse social impact; and
Resolution No. 2005--
Page 2
WHEREAS, no strategies and programs have been developed and implemented
by the Florida legislature and any govemmental agencies having appropriate jurisdiction
to address the mitigation of such adverse impacts; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
of the community to decline to institute slot machine gambling at the Facilities.
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.
Opposition.
That the City Commission hereby expresses its
opposition to the institution of slot machine gambling activities at the Facilities without
the development of strategies and implementation of programs for the mitigation of
adverse impacts created by slot machine gambling activities, and respectfully
recommends that the electors of the City and of the Counties vote "No" on the slot
machine ballot item.
Section 3.
Implementation.
That the City Manager is hereby authorized to
take any necessary action in furtherance of the purposes of this Resolution, including
the expenditure of City funds for the purpose of publicizing the City Commission's
position on this issue as stated herein.
Section 4.
Effective Date.
That this Resolution shall become effective
immediately upon adoption hereof.
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Resolution No. 2005--
Page 3
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 Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 1st day of February, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
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