03-18-2015 Workshop The city ®f City Commission
A ventur,
,i Workshop Meeting
March 18, 2015.......
8:00 A.M.
0'°Club West Cowry Club rive Avenhira Fl Executive Conference Room.
AGENDA
1. Aventura Hospital and Medical Center Trauma Center Letter of
Support (City Manager)*
2. AACC 5th Year Celebration Gala Update (City Manager)
3. Development Project Update (City Manager)
Port Aventura Lavida Townhomes*
4. FDOT Update - Harold Desdunes, P.E., Director of Transportation
Development
5. Proposed City Ordinance to Ban the Use of Electronic Cigarettes
in Public Places (Commissioner Weinberg)*
Future Action Required: Ordinance
6. Proposed Resolution To Establish Testing Standards Prior to
Issuing Coastal Construction Control Line Permit (Commissioner
Weinberg)*
Future Action Required: Resolution
7. Televising of City Commission Meetings and Use of City Television
Channel (Commissioner Weinberg)*
8. Adjournment
2( I Y
EXCELIIMif
* Back-up Information Exists
** PowerPoint
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the
City Clerk,305-466-8901,not later than two days prior to such proceeding.
Aventura Hospital and Medical Center Trauma Fact Sheet
• Aventura Hospital and Medical Center will submit an application to become a Level II
Trauma Center, the application is due April 1, 2015.
• The Florida Department of Health has determined that Trauma Service Area 19
(Miami-Dade and Monroe Counties) is in need of an additional Trauma Center.
• Survival rates are increased when critically injured patients are cared for in trauma
centers.
• Today, only about 50 percent of the trauma patients in Florida receive treatment
in a designated trauma center.
• Minutes are the difference between life and death, and the locations of our trauma
centers help patients receive trauma care within the critical golden hour.
• Trauma is the leading cause of death for patients under the age of 44.
• Trauma is the 5th leading cause of death for patients of all ages.
• While emergency rooms treat ill and injured people, trauma centers are staffed and
equipped to handle the most severely injured patients and often make the difference
between life and death.
• Studies show a 25% -30% reduction in mortality rates for trauma patients when
treated at trauma centers compared to care at non-trauma centers.
Please express your support for Aventura Hospital and Medical Center's Trauma
Application by addressing your letter to the Florida Department of Health:
Bureau of Emergency Medical Operations/Trauma Program
4052 Bald Cypress Way, Bin A-22
Tallahassee, Florida 32399-1701
Please return your letter by March 1, 2015 to
Aventura Hospital and Medical Center
Attn: Dan Boston
20900 Biscayne Blvd phone: 305-682-7103
Aventura, FL 33180 email: Daniel.boston @hcahealthcare.com
Bureau of Emergency Medical Operations/Trauma Program
4052 Bald Cypress Way, Bin A-22
Tallahassee, Florida 32399-1701
To whom it may concern,
I strongly support Aventura Hospital and Medical Center's application to become a Level 11
trauma center. I look forward to the hospital being approved for the service to provide the
expert level of care for the critically injured.
While emergency rooms treat ill and injured people, trauma centers are staffed and
equipped to handle the most severely injured patients and often make the difference
between life and death. It is critical to get trauma patients to a trauma center as quickly as
possible after an injury.
• Survival rates are increased when critically injured patients are cared for in trauma
centers , studies show up to a 30% reduction in mortality rates when trauma patients
receive their initial treatment at a trauma center compared to a non-trauma center.
• Today, only about 50 percent of the trauma patients in Florida receive treatment in a
designated trauma center.
• Minutes are the difference between life and death, and the locations of our trauma
centers help patients receive trauma care within the critical golden hour.
• Trauma is the 5th leading cause of death for patients of all ages and the leading cause of
death for patients 44 and younger.
Sincerely,
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MORANDUM
TO: Eric M. Soroka, IC ' -C
City Manager
FROM: Joanne Carr, AICP �►• 't
Community Development Director
DATE: March 3, 2015
SUBJECT: Site Plan Applications in Process
March, 2015
The following site plan applications have been received and are under review:
1. La Vida at the Point
This is a development proposal for six townhomes on a .62 acre lot on the west side of
Yacht Club Drive. This lot was the former sales office site for the Point at Aventura.
The townhomes are 3 stories, 35 feet high, ranging from 3260 square feet to 3742
square feet. Driveway access is proposed at the north and south limits of the property.
A color rendering of the front and rear elevation is attached.
The application was received on February 4, 2015 and is under review by City staff and
our consultants. The use is permitted in the zone. Variance approval may be required
but will not be known until final staff review is completed.
2. Port Aventura
This is a development proposal for a 204 unit condominium building on a 2.3 acre lot at
the northwest corner of NE 28 Court and NE 185 Street. The building is 18 stories,
186'6" tall with 6 levels of parking and 12 levels of residential units. Unit size ranges
from 805 square feet for an efficiency unit to 1890 square feet for a three bedroom unit.
Access is by way of driveways on NE 28 Court and on NE 185 Street. A color
rendering is attached.
The application was received on February 12, 2015 and is under review by City staff
and our consultants. The use is permitted in the zone. Variance approval may be
required but will not be known until final staff review is completed.
‘..\-. . , , . ■ f ..4itii-•,.-• y., ; . . ..
,
, v . ;,_ . ,,,,, ,_.„,„,•.... .:-,.-... .., .,,,,,, , ,,,, _ ,.
5 't3/4 1" . , , \ I.'''- ., I , ; . \\ ‘0 t• ..-,;*-7._..... ,
„• . , .
/,
.0,., ' . \ '
-. ..
%./. l'''
\,.., '
I ; m 1
i^ 111111111111111 ,
1 1 ,,
„ .. .
, ,, ) • . ),... I
vi
m , - ,, )-r
1 1
, I 1
111 . 2
/ •14"
pk IMP r
, I
k t. / Vi 1 ' ■I , , k.--: i• ,,.
...
. •.
l ■ ' \ ,
1 4 ..
. , 1 i , P 1 I'1 ' 1
it I,,, I = 1 . 11:._' -..'' 1
I
.
. .
' i .
\ ' i',', A lel
'' ' f-., - -
\,\ ' l'ir
., 1,
. ...
- 1 , MI
I -
I I ,..
. '
II 1 ' ic.irliw,',
- 1
, , ir
\ - ' k-;--
1 ...-
..
,/ \',■ , \
„ , ,I . .,,.
1
`,,
, t
•
\ •t't..%\ f ;4i 4..-:-._. ,
. - .'s ';1, '•
. . 1
I .
._.. . . ,
... -....4 .._
i' ‘. h
•
...
will iii,
•
\ ,., , I!•
• ,
1
4 1111111111M1111' il ii!illiV,h 111111
,
,
, ..........._ ,,,,
, , ....
1 umunniiil
" ,1
.
,..„.
i , 1,
- ..: 1111111111111111'
1 4 ' . :. , *,.. 3
il
1 i
1 IV _
911:26,,
,..,-
'mg
, .
I PI . ., •_ „ ,,,•.
_.,, ,,..... •...
. - mnii „int
... ..:_., , +:.. ..;71,, ,
., \ . .....11: ';4: •
Iltilil • ..:
if k, • .
If .I .1. . . , --: •Es
■ 4,'..,
V i' ' tOile...;::-`!"?et ,*'•tlft , .
•i , , I/ •,, ,,,.. '-',,,'":t , )1\'-q. .'-
i.-. -34 ..•
--Z—, -,.:*:A, . ; . ,„. \ -
' —,. 1 titlit I/X .:I . - ‘`','. ' '\I 1-
' ' 7.171
. 1
,... rn
. ,
,.,
.. .
.---. • . -,.. ,.s......,rnii ...
1.A
e J1:
,.
1 - ',,i, h. 1. �.
•
Me 0 4. •
•' I' `
A
, ,. ....,.. 4.A I .. f
°
40,Y, . , 1
—e l ! -i
pp
t Ilt
� t'`e / ii //ei—
, ' .: 14.0 , , , ,.,. . ,.._ . •• ••. .,.
, . ,
` e.. f . , .,,
.- ina , .
. ...
. , •
. ..
1-....; ; um i I!
. ...„ , ........ , .•
. , . .... ... r . i jilt ------- 1
. Y 11 I ! `
1 1 i!U1N 1///11///0///!// .,
I 1 •v,11/eu1®►mI®J/J/J__.i
t' 7,ill 111 Iii Ill! �.
(., . dl111111�1�lllllil' i/iiiii////i
.'< ii 1 I...,.,.„,11111111
.. �1IG1111ii11 IIIIIII01o1111 ,
p ■ It,
r I l l „
_ 4 -- ” x,
! ... .1
--
r tV
1
x
,
1 IA
,, .• , A-1.
1 .. -. .
Illiillllll I��,l ,
•
• ® _
Iy■, l� l u 11111 I R : c
IDS 11
r nimU ylblil u, ' • Y 1..
1 O`I//� 1 �i1
1� , \
• . . ■ . t
1 A
1 ..
r. -. ,..,.' .
i/II::: II:
.... ,1 , sill.■r‘
', ' 1_,' . .;..4•11 ; ,_,. \ov ,
t
, , l
-- ,
/. :''.;Irr 1 ' J ■ . ;
• 1 r
, .
. ,
)
• •r , ' , 1
--
4 .
. .
,111 1111, .
ralY1171tr I
I
4 V
. •lilt, .:.
I Vt..
r . .
t I
zi, r,■•...% 1 ui , .1 %, %
r;'•*' -J.' i I II ' ' ' \
v
1 . . .
is
I 1 111 i
14; - ■ I I I, '
II g i 1
i I i 1 1ii11,,31,ti.1t r
t i
3/18/2015
Aventura Improvement
Projects
Florida Department of Transportation
District Six
FDOT '
Wilda-- Oar "men 'of Transportation
kc- III
l T, • The Florida Department of Transportation (FDOT)
—�- -- , !_�, - coordinates the planning and development of safe,•--- ._ 1 viable, and balanced state transportation system
serving all regions in the state.
°- - ! /,
• FDOT reports directly to the governor and has seven
-� ;, districts.
• District Six serves Miami-Dade County and Monroe
J bra County
EN
6
FDf
1
R
3/18/2015
FDOT District 6 Work Program
District 6:Total Budget Overview 2016-2020 • The Department has programmed approximately$3.75 billion
•s 7061172.1% for transportation product, product support, operations and
ir3 •Product suppat
$610/16.3%
maintenance,fixed capital and other over the next five years.
•operations 8 Maintenance
$4341/11.6
• The product budget includes money spent on construction,
•Fixed Capital
$2.4,0.1% public transportation, right-of-way, and other product.
District 6:Product Overview 2016-2020 • $2.1 billion(75.9%)construction projects
O • $413.8 million(15.3%) public transportation programs and services
•construction
52053.7175.9% ME $204.1 million(7.5%)purchasing of right-of-way
•Freight.Logistics and
Pasenger Cps t,.-;. $34.5 million(1.3%)other product,which consists of County
54138/15.3% Transportation Programs
•Right of Way
5204.1!7.5%Other
•
534.511.3% "'r"'" S^
FDOTT.
ENO PROJECT
pl NI/13 SMUT — ` .y Project in Design Phase
r`4tf " C
. f;; ' _ �P FM 414624-3
• SR 5/Biscayne Boulevard from North of NE 196 Street to
North of NE 213 Street
i
r • Letting Date: 6/17/2015
BEGIN PROJECT ENO POOH CI FM 430808-1
" NE 191.,STREET NE 19G STREET
i
— • SR 5/Biscayne Boulevard from NE 151 Street to NE 196
" - ' -"' Street
L� g. , • Letting Date: 6/22/2016
u �I - .x E.
y `tfi. �a1, °, ;,, • Scope: Both projects include resurfacing, signalization,
' ' G'a.,..1i sidewalks, pedestrian and ADA improvements.
." .„, • PM: Danny Iglesias
`BEBINMBIBC �4t�/ • Danny.lglesias a dot.state.fl.us 305-470-5289
P WY UM 1.1 tJ:
—1. FDOT
2
3/18/2015
- — Project in Design Phase
e
o -- + �..,,R;� -
7,11¢_, r �" > r FM 430768-1
q , -'ern --9"r • SR 5/Biscayne Boulevard at the following intersections:
NE 199, NE 203, NE 205, NE 209 & NE 213 Streets
+. •• 4307681 • Scope: Intersection Improvements
o • Signalization and pavement markings improvements
• Install warning flashing beacons along with"Prepare to Stop"
+--4307681 ._'. + signs for SB, NB, NB off ramp,and SB off ramp
d
L. ,,. • Install backplates with retro-reflective border
,�.E • Install inverted profile pavement markings along NB off ramp
+---4307689
-.7` ' • Letting Date: 6/17/2015
• PM: Danny Iglesias
430768 -.+ • Danny.Iglesiaseslot.state.fl.us 305-470-5289
FDO
I
.,
t: , _ It r • "' Project ect in Design Phase
-="-4 \ '1 17 ,„ ' l'-+;,. L FM 430808-2
, 1 •, • SR 860/Miami Gardens Drive at Biscayne Boulevard
y.w, , y�;'�'° w' • Scope: Intersection Improvement.
• i ' �°e�j? a • Will reconstruct the west leg of the intersection
A. Al' ,}" , i' �'z Replace mast arm of the southeast corner
I ,"''' `.. • Install back plates on all existing signal heads
P, ,_.; • Reconstruct concrete separator for NB left turn lane
.:,_ , • Install pedestrian count down signals
0 Letting Date: 6/22/2016
:` : W • PM: Danny Iglesias
ri. F`! ' ! •r • Dannylglesias dotstate.fl.us 305-470-5289%r � ) ,
KO. , 4 ,
ihd. .
�� ,. .l _ , F DO
3
i
3/18/2015
.), _ , Y,_ t,; t . Project in Project Development
,li , *.41 & Environment Phase
_— , , FM 433511-1
b'
''»' perr33' ll� • NE 203 Street& NE 215 Street Intersection
�� . Improvements Between US-1 &West Dixie Highway
m "' J- • Type of Work: Rail Capacity Project
3
`` i �a4 ,� • Enhance traffic operations and safety conditions at the Florida
`; i z ' ,,.+. ''t!l '"- .' East Coast(FEC)
t �{
•;; cr.- ,a' ` x • Accommodate anticipated future area travel demand and to
,jk {-. r ,.. address other design deficiencies within these two
rr JJ .:r 41,.. ,,,s intersections
,,'' ... ' - ( ,L.'`, �� - • Location Design Concept Acceptance: December 2015 it,
\- v=� ,�rf hill' • PM: Fabiana Gonzalez
x r 1 w ' • Fabiana.Gonzalez a(,dot.state.fl.us 305-470-5183
', .}_SM 1 1
4.4 Ill:. - Vim;
FDOT
' , Pr oj
` ect in Design Phase
i!` V S`%�•
,. -- - 1 FM 436625-1
4° �; ` < • City of Aventura–Country Club Drive
t - *.:. ' =A • Scope: Pedestrian Safety Improvement(LAP)
i • 4366251 •y1 • Installation of rectangular rapid flashing beacons(RRFB's)at
= � w ,,a�)3� five existing crosswalks
,, '' " 3.` ° 7 ` • Letting Date: TBD
/ar
' "
� t
a • PM:Aiah Yassin
It ` '''-",t_`:(, *.: r.�_, K • Aiah.Yassin do
t.state.fl.us 305-470-5485
t � f
. � t. ,
ti t■
;l •. i, rtJ
�' r ,S - ;
FDOT
4
3/18/2015
Project in Design Phase
}
‘,.; .,,,r4
$ip
4 FM 436539-1
• �, Mr • SR 856/William Lehman Causeway Over Intracoastal
'',1' +'.' '4111 Canal Bridges 870606&870607
y \ t .. Scope: Bridge Painting
`„ - ' -- ,.- ,'r "- • Painting superstructure
4. t,r. ri ;, 9 p
j' -s ,•;:, , -••..N� z�„ • Repair bearings and joints
. "r-'4-- :.; mean fi• , � •
t Letting Date: 7/25/2019
'•1 c. '5.': • PM: Pablo Orozco
w L =. : = • Pablo.Orozco as dot.state.fl.us 305-470-5370
y
3
_
1 ,.F.,.
iii
• ?M FDOt
Project in Planning Phase
FM 434845-2
• SR 5/US-1/Biscayne Boulevard from SE 8 Street to
NE 215 Street Corridor Study
_ • Recommended from the 2013 Planning Listening
Session
• Analyze existing conditions
• Identify recurring congestion locations
• Evaluate improvements needs based on future travel
demand
• Evaluate multi-modal needs along the facility
4 • Study scheduled for FY 2016
i °” • PM: Ken Jeffries
---ill. • Ken.Jeffries a(�.dot.state.fl.us 305-470-5445
4 (1 „,�... `FDOT
4
4
5
4
3/18/2015
Pedestrian Pilot Study
�,' �}s= ; . l • Study proposes to reduce the
•1 , , j ' t _ 111.1 \',J lanes to 11 feet on the_■ '' westbound direction of the
'� t - �; bridge
* f • Add a 5-foot pedestrian
.�.___ �Y - ..- ,'3 .,_-.. walkway separated by a
,i,tr...': ~ • barrier from the traffic
` %'';
,`E \8,1
{ i
f rI r I f r ( rI r e r r r r r r I Pi_r—__f
!J ,1_,_-1_, 1 �� 1 _J IJ11� r1�J filth IT_..,J� .: - •
N
I�'I = I• T∎1���E
T:15'1.11 -rJJ1�� 1 w`�
V
\ NE 214 1E ,- 1 - ' i 1
\NE 2151 z z wNY
I y NE 21157 oP t�
rc k
NE 211 ST ,v I�.11� I�'2 :::.55; ,TER =
./ i~ -_� ,,NPR
F $ y° NE 210 ST MF2Ir p'�. ,
W
W i NE NI ST :� // ] (�\ i
NE 308 1ER '� �I (( , ll
2111;r-)7
It
: J•1 - NE3ST'TEL .�.,.,
NE 207 5T, 2rJJf JJ•1
S 2 ST
'..IU;
NE 305 ST I i L
Ir V gis
Sr
-,JIE3S15T .._
4'j2221159 I
-1
1111 Z'i 1.♦.t r)I4J )JTiTjIJ
\�f' m
P. 3. r pPpP
2D y
1J
�rJJ1/:J •1 y J
o
i11ETf53J\�� 1-,
�rjf Jf Jul --�,Il==''
0
21,j0 j`b..J
1
NE IN ST
liI- wawa
E.', " - -lli
U f' p11
.ohs
LEGEND
° CONSTRUCTION YEAR IMPROVEMENT TYPE
f
I 2015
RESURFACING
2016
OSIVD 2017 �� DESIGN
_ 2018 M- PLANNING STUD
_ 2019 + INTERSECTION
FINANCIAL
` ' MANAGEMENT■ J
(,.11,,.ORNI' CITY Of
ii FDOT<
FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SIN AVENTURA
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City Manager
FROM: Commissioner Howard Weinberg
DATE: February 26, 2015
SUBJECT: Proposed City Ordinance to Ban the Use of Electronic Cigarettes in
Public Places
Please place on the March Workshop Meeting a request for a City Ordinance to Ban
the Use of Electronic Cigarettes in Public Places. See attached Ordinance from City of
Delray.
Thank you.
HW/elh
ORDINANCE NO. 01-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132,
"OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF
THE CODE OF ORDLNA_NCES BY CREATING SECTION
132.11, "ELECTRONIC CIGARETTES, (E-CIGARETTES)",
LIMITING THE LOCATIONS WHERE E-CIGARETTES CAN
BE USED; PROVIDING FINDINGS IN SUPPORT OF THE
ADOPTION OF THE ORDINANCE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the people have a right to and should be ensured an environment free from
potentially harmful substances that might jeopardize their health, safety and welfare or degrade their
quality of life;and
WHEREAS, nicotine is a known neurotoxin and is one of the most highly addictive
substances available for public consumption; and
WHEREAS, the dangers posed by nicotine are not limited to cigarettes, pipes or other
traditional forms of tobacco smoking;and
WHEREAS, nicotine dispensing devices, commonly referred to as electronic cigarettes or
e-cigarettes, are readily available to consumers. These devices closely resemble and purposefully
mimic traditional smoking by having users inhale vaporized liquid nicotine created by heat through
an electronic ignition system. The vapors are expelled via a cartridge that usually contains a
concentration of pure nicotine. The cartridge and ignition system are housed in a device created to
look like a traditional cigarette, cigar or pipe. After inhaling, the user then blows out the heated
vapors producing a cloud of nicotine,particulates,and potentially toxic organic chemicals;and
WHEREAS, the U. S. Food and Drug Administration (I DA) conducted a laboratory
analysis that indicated that e-cigarettes expose users to harmful chemical ingredients. This testing
showed that e-cigarettes contain carcinogens,including nitrosamines. Further,the FDA tests showed
that e-cigarettes were found to contain toxic chemicals such as diethylene glycol. This compound is
a common ingredient in antifreeze and, according to the FDA, a potent kidney and liver toxin when
ingested;and
WHEREAS, the American Heart Association has adopted findings based on studies of
secondhand emissions that concluded that regular use of e-cigarettes in an enclosed space may
contaminate the environment with nicotine and fine particles;and
WHEREAS, the American Heart Association supports the inclusion of e-cigarettes in new
smoke-free air laws. Although the levels of toxic components in e-cigarette emissions are much
lower than those in tobacco smoke, there is still some level of passive exposure to nicotine and fine
particles. While there is insufficient evidence to support the notion that exposure to these emissions
has a harmful impact on bystanders, there is concern that nonsmokers will be involuntarily exposed
to nicotine,which could be substantial where there is heavy e-cigarette use in confined spaces;and
WHEREAS, the American Heart Association has determined that the use of e-cigarettes,
particularly in places where smoking is prohibited, may increase the social acceptability and appeal of
smoking,particularly for youth, potentially undermining the enormous progress that has been made
over the years in discouraging smoking;and
WHEREAS, the American Heart Association has determined that the use of e-cigarettes,
particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by
making it easier for them to maintain their nicotine addiction;and
WHEREAS,the Florida Clean Indoor Air Act, Chapter 386,Florida Statutes was enacted in
part to protect people from the health hazards of secondhand tobacco smoke;and
WHEREAS, the Florida Clean Indoor Air Act prohibits tobacco smoking in enclosed
indoor workplaces which means any place where one or more persons engages in work and which
place is predominantly or totally bounded on all sides and above by physical barriers. Tobacco
smoking may be permitted in private residences, retail tobacco shops, designated smoking guest
rooms, stand-alone bars, places of smoking cessation programs, places of medical or scientific
research, or customs smoking rooms as defined by Chapter 386, Section 2045 "Enclosed indoor
workplaces; specific exceptions";and
WHEREAS, under Chapter 877, Section 112, Florida Statutes it is unlawful to sell a
nicotine dispensing device, including an c-cigarette, to any person who is under 18 years of age, and
it is unlawful for any person under 18 years of age to knowingly possess any nicotine dispensing
device;and
WHEREAS, the City Commission agrees with the findings of the American Heart
Association and has determined that the prohibition of e-cigarette use in enclosed indoor
workplaces as defined in the Florida Clean Indoor Air Act promotes the health, safety and welfare
of the residents of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That Chapter 132, "Offenses Against Public Peace and Safety", of the Code of
Ordinances of the City of Delray Beach is amended by creating Section 132.11, "Electronic
2
Ord No. 01-15
Cigarettes, (E-cigarettes)",to read as follows:
Sec. 132.11—ELECTRONIC CIGARETTES,(E-CIGARETTES).
(A) Definitions. For the purpose of this chapter:
(1) E-cigarette means any nicotine dispensing device that employs an
electronic, chemical, or mechanical means to produce vapor from a nicotine product,
including, but not limited to_ an electronic cigarette. electronic cigar. electronic cigarillo,
electronic pipe. or other similar device or product.
(2) Use of an e-cigarette means the heating or igniting of an e-cigarette
which creates a vapor of liquid nicotine and/or other substances mixed with propylene
glycol that the user inhales in simulation of smoking.
(3) Retail e-cigarette shop means any enclosed indoor workplace dedicated
to or predominantly for the retail sale of e-cigarettes. e-cigarette products. and accessories
for such products.in which the sale of other products or services is merely incidental.
(B) Prohibition of using e-cigarettes in certain locations. The use of an e-cigarette is prohibited in
all enclosed indoor workplaces within the City of Delray Beach at which tobacco smoking is
prohibited under the Florida Clean Indoor Air Act as defined in 386.203(5). Florida Statutes
except for retail e-cigarette shops and those places listed in 386.2045. Florida Statutes
"Enclosed indoor workplaces;specific exceptions".
(C) Penaltii. Violation of any of the provisions of this Ordinance shall be punishable as
set forth in Section 10.99 of this Code.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
3
Ord No.01-15
PASSED AND ADOPTED in regular session on second and final reading on this the 20"
clay of January,2015.
AYOR
ATTEST:
City Clerk
Furst Reading v Q Yl 1 !.f 9, 'r}'C'1
Second Reading J 1 n-L 4C' \L I a tC1 aZ)J `J
4
Ord No. 01-15
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City Manager
FROM: Commissioner Howard Weinberg
DATE: February 26, 2015
SUBJECT: Proposed Resolution to Establish Testing Standards Prior to Issuing
Coastal Construction Control Line Permit
Please place on the March Workshop Meeting a request for a Resolution to Establish
Testing Standards Prior to Issuing Coastal Construction Control Line Permit. See
attached Resolution from the Town of Surfside.
Thank you.
HW/eIh
RESOLUTION NO. 15 - 22RQ
A RESOLUTION OF THE TOWN OF SURFSIDE URGING
THE STATE OF FLORIDA LEGISLATURE AND THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("FDEP") TO ESTABLISH CHEMICAL
TESTING STANDARDS PRIOR TO ISSUING A COASTAL
CONSTRUCTION CONTROL LINE PERMIT ("CCCL")
WHICH AUTHORIZES THE TRANSFER AND
PLACEMENT OF EXCAVATED SAND SEAWARD OF THE
CCCL ONTO A PUBLIC BEACH; RECOMMENDING
ADDITIONAL CHEMICAL TESTING STANDARDS;
ENCOURAGING SUPPORT FROM PUBLIC OFFICIALS
AND UNITS OF GOVERNMENT TO SUPPORT THIS
INITIATIVE; PROVIDING DIRECTION TO THE TOWN
CLERK; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Protection (FDEP) issues permits
which authorize excavation and placement of sand seaward of the Coastal Construction Control
Line (CCCL), pursuant to 161.053, Florida Sialuies; and
WHEREAS, FDEP Permit No. DA-631-S undertook the excavation and completed
transfer of sand onto the Town of Surfside beach from 96`h Street to 88th Street prior to May 1,
2014; and
WHEREAS, community concerns were raised regarding the chemicals of concern
contained in the transferred sand due to a portion of the sand being excavated beneath a site which
was constructed over 75 years ago and continuously operated; and
WHEREAS,in compliance with FDEP rules,the sand was transferred and placed onto the
beach in accordance with FDEP Permit No. DA-631-S without chemical analysis being performed
on the sand transferred and placed on the beach: and
WHEREAS, FDEP guidelines state that sandy material excavated seaward of the CCCL
or 50-foot setback shall be maintained on site seaward of the CCCL or 50-foot setback and shall
be placed in the immediate area of construction unless otherwise specifically authorized by the
Department, as provided by Rule 62B-33.005(6), F.A.C.: and
WHEREAS, FDEP defines beach quality sand as sand which is similar to the native beach
sand in both coloration and grain size and is free of construction debris,rocks,clay or other foreign
matter, pursuant to Rule 62B-33.002(8), F.A.C.; and
WHEREAS, FDEP is currently amending Rule 62B-33, F.A.C., Rules and Procedures for
Coastal Construction and Excavation and is proposing the creation of a CCCL Applicant's
Handbook; and
Page I of 5
WHEREAS,the Town of Surfside participated in the FDEP Second Rule Workshop on
February 12,2015 to discuss the proposed amendments to Rule 62B-33,F.A.C. and creation of
the CCCL Applicant's Handbook;and
WHEREAS, the cost of testing the excavated material is an inexpensive and minor cost
consideration in conjunction with the overall cost of a development project east of the CCCL;
and
WHEREAS, the Town Commission of the Town of Surfside created a Sand Project
Community Monitoring Committee ("Community Monitoring Committee") in response to
community concerns with activity associated with the activities conducted consistent with FDEP
Permit No. DA-631; and
WHEREAS, a priority of the Town is to ensure the health, safety and welfare of the
public while also seeking opportunities to preserve its beach to mitigate the impacts associated
with climate change as well as to sustain this valuable resource as an economic development
asset; and
WHEREAS, a priority of the Community Monitoring Committee was to address the
chemical analysis of the sand to ensure the health, safety and welfare of the public;and
WHEREAS, the Town Commission, upon receiving concerns about the chemical
composition of the transferred sand, immediately authorized retaining the services of an expert
toxicologist (Dr. Christopher Teaf, President of Hazardous Substance and Waste Management
Research, Inc. "HSWMR" and Member of the Faculty of Florida State University) to provide
analysis of chemical testing results and to address health risks concerns raised by the residents of
the Town of Surfside; and
WHEREAS, in addressing a priority of the Community Monitoring Committee, Dr.Teaf
assisted the Committee in developing a recommended list of analytical categories that are not
currently required under Rule 62B-33, F.A.C, with appropriate supplementary tests to be
identified and implemented based upon the sand source site historical information:
• "RCRA 8" metals with extraction by USEPA Method 3050
and analysis by USEPA Method 6010 or 200.7 (i.e.,
arsenic, barium, cadmium, chromium, lead, mercury,
selenium, silver). Data to be expressed in mg/kg.
• Total Recoverable Petroleum Hydrocarbons (TRPH) by
Florida Department of Environmental Protection (FDEP)
FL-PRO method. Data to be expressed in mg/kg.
• Chlorinated hydrocarbon pesticides by USEPA Method
8081, specifically aldrin, chlordane, dieldrin, endrin,
heptachlor, and the DDT/DDD/DDE group. Data to be
expressed in mg/kg.
Page 2 of 5
• Polychlorinated biphenyls(PCBs)by USEPA Method 8082
(i.e., Aroclors 1016, 1221, I232, 1242, 1248, 1254, and
1260). Data to be expressed in mg/kg.
• As an alternative approach, USEPA Method 8270 may be
used to capture the analysis listed in both the third and
fourth categories, though that method is capable of
identifying a much larger universe of substances that the
individual methods cited.
• If there is site-specific knowledge which suggests that
assessment of the leaching potential for a particular sand
source is warranted, the appropriate test method will be the
Synthetic Precipitation Leaching Procedure(SPLP;USEPA
Method 1312).
• Specific protocols and sample numbers should be
developed on a site-specific basis, based upon discussions
between Florida DEP and the entity that is proposing the
beach renourishment. Chemical testing results shall be
consistent with naturally occurring background levels.
WHEREAS, pursuant to the September 11, 2014 Final Report, the Community
Monitoring Committee recommended to and accepted by the Town Commission that the Town
support and move forward an Urging Resolution requesting a change in FDEP regulations
regarding chemical testing of sand transfer onto the beach as part of a CCCL permit or similar
permits issued by FDEP for placement of sand on a public beach urging the Florida Legislature
and FDEP to amend the appropriate sections of the Florida Statues and rules and regulations of
FDEP to require chemical testing of all sand placed east of the CCCL; and
WHEREAS, the Town of Surfside urges Members of the Miami-Dade County
Delegation of State of Florida Legislators, the Board of County Commissioners of Miami-Dade
County, Miami-Dade County Department of Regulatory and Economic Resources ("DERM"),
all municipalities in Miami-Dade County, the Miami-Dade County League of Cities,the Florida
League of Cities, and all other coastal municipalities and counties of Florida to support this
resolution;and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF SURFSIDE,FLORIDA,AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted,
confirmed,and incorporated herein.
Section 2. Support by the Town of Surfside Town Commission for Recommended
Baseline Analytical Profile. The Town Commission strongly urges and recommends the FDEP
require that minimum chemical testing standards are established by the State of Florida:
Page 3 of 5
• "RCRA 8" metals with extraction by USEPA Method 3050
and analysis by USEPA Method 6010 or 200.7 (i.e.,
arsenic, barium, cadmium, chromium, lead, mercury,
selenium, silver). Data to be expressed in mg/kg.
• Total Recoverable Petroleum Hydrocarbons (TRPH) by
Florida Department of Environmental Protection (FDEP)
FL-PRO method. Data to be expressed in mg/kg.
• Chlorinated hydrocarbon pesticides by USEPA Method
8081, specifically aldrin, chlordane, dieldrin, endrin,
heptachlor, and the DDT/DDD/DDE group. Data to be
expressed in mg/kg.
• Polychlorinated biphenyls (PCBs) by USEPA Method 8082
(i.e., Aroclors 1016, 1221, 1232, 1242, 1248, 1254, and
1260). Data to be expressed in mg/kg.
• As an alternative approach, USEPA Method 8270 may be
used to capture the analysis listed in both the third and
fourth categories, though that method is capable of
identifying a much larger universe of substances that the
individual methods cited.
• If there is site-specific knowledge which suggests that
assessment of the leaching potential for a particular sand
source is warranted, the appropriate test method will be the
Synthetic Precipitation Leaching Procedure(SPLP; USEPA
Method 1312).
• Specific protocols and sample numbers should be
developed on a site-specific basis, based upon discussions
between Florida DEP and the entity that is proposing the
beach renourishment. Chemical testing results shall be
consistent with naturally occurring background levels.
Section 3. Direction to Town Clerk. The Town Clerk is hereby directed to transmit a
copy of this Urging Resolution to: the Governor of the State of Florida, the Secretary of the
Florida Department of Environmental Protection, Members of the Miami-Dade County
Delegation of State of Florida Legislators, the Board of County Commissioners of Miami-Dade
County, Miami-Dade County Department of Regulatory and Economic Resources ("DERM"),
all municipalities in Miami-Dade County, the Miami-Dade County League of Cities, and the
Florida League of Cities.
Section 4. Implementation. The Town Manager is hereby authorized to take any and all
action necessary to implement this Resolution.
Section 5. Effective Date. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this I 941'1 day of , 2015.
Page 4 of 5
Motion by LG/jil iSS/ i "{arc i h
Second by ,in%SSjme/ O/,h y lam.
FINAL VOTE ON ADOPTION:
Commissioner Barry Cohen
Commissioner Michael Karukin
Commissioner Marta Olchyk e
Vice Mayor Eli Tourgeman ' '
Mayor Daniel Dietch
Daniel Dietch. Mayor
ATTEST.
t' '
1
Sandra Nov�0rwn Clerk
APPROVE AS TO FORM AND
LEGAL SUFFICIENCY FOR
THE TOWN OF SURFSIDE ONLY:
-NL_\
Linda Miller. Town Attorney
Page 5 of 5
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City Manager
FROM: Commissioner Howard Weinberg
DATE: March 5, 2015
SUBJECT: Discussion to Televise Commission Meetings Live and Expand Use
of Public Access Channel
Please place on the March Workshop Meeting a discussion to televise regular
Commission Meetings live and to expand the use of the City's public access channel.
Thank you.
HW/eIh