12-02-1996 Workshop Agenda
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\ T:H'E CITy OJ
'EXC'ELL'E:NC'E
~e~~'I-
. City Council
Workshop Meeting
December 2,1996
9:00 AM
Executive Conference Room
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
5.
6.
7.
AQenda
Proposed Newsrack Regulation Ordinance
Proposed Legislative Program & Priorities for 1997
Planning Board Legislation
Proposed City Charter Amendments
Recognition of Incorporation Committee
International Sister Cities Program
Other Businessl Reportsl Council Meeting Agenda
Questions
Next workshop meeting - January 6,1996 at 9:00 A.M.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, City
DATE: November 21,1996
SUBJECT: Update - Proposed Newsrack Ordinance
On November 13, 1996, representatives from the Miami Herald and City staff toured the
various newsrack locations throughout the City. The City Council had requested that
this review take place to determine the impact on the existing newsracks and if the
unresolved issues could be addressed.
In response to the City's proposed Newsrack Ordinance. the Miami Herald has
removed five newsracks and relocated several other news racks. Based on the tour, the
Herald is requesting the following revisions to the Ordinance in order to insure
compliance with the remaining newsracks:
1. Distance Restrictions
. Section 9.A.(4)(v) - modify clearance area for bus stops from ''within three (3) feet
ahead or twenty-fi~e (25) feet to the rear of any sign marking a designated bus stop"
to "within five (5) feet of any bus bench or exterior of a bus shelter."
. Section 9.A.(4)(vii) - reduce six (6) feet sidewalk clearance to five (5) feet.
. Section 9.A.(4)(viii) - clarify that news racks can be placed on swale areas between
the street and sidewalk. In order to clarify this section, lawn could be deleted.
2. Standards for Maintenance and Installation.
Section 10.A. - increase size of newsrack from 30 inches to 32 inches to allow
double racks.
The following are revisions that were agreed to at the previous workshop meeting:
1. Permit Reauirement and Fees. Agree to revise Section 6 to provide for only a one-
time permit fee. The fee is appropriate in order to cover the costs incurred by the
City to implement the requirements of the Ordinance.
City Council
Page 2
2. Aooeal Procedure. We concur with the suggestion to provide ten (10) days after
receipt of the citation order to correct the problems or appeal.
3. Effective Date. As part of the implementation process, we normally would provide
thirty (30) days' notice to all newspaper vendors to comply with the Ordinance.
In addition to the above, enclosed is suggested language should the City Council wish
to establish an administrative variance process to address these issues.
This matter will be discussed at the December 2, 1996 Council Workshop and the
Ordinance for second reading will be on the December 3, 1996 Council Meeting
Agenda.
EMS/tms
attachment
AdditJon to See. 9(4\ V~I -
Aventura New.rack Ordinance
upon appl1cation of the Distributor for a variance of the
provisions of this subparagraph (VII), the City Manager is
authorized to grant an administrative variance providinq for a
clear space for the passageway of pedestrians of less than six (6)
feet but no less than three (3) feet, upon finding that the
following factors are demonstrated by the Distributor:
(a) That the existing improved sidewalk is less than six (6)
feet 1n width/at the location of the Newsrack;
(b) That the Newsrack location is in close proximity to
population centers served by such Newsrack and is (i)
necessary for convenient access by consumers; (ii)
necessary for reasonable distribution access by
Distributor;
(C) That the variance do.. not adversely impact the
accomplishment of the purposes of this Ordinance;
(d) That the Newsrack is positioned so as to minimize the
variance necessary.
The City Manager may condition such variance upon the
Distributor's agreement to improve the sidewalk to the limits of
presently or subsequently available right of way at such location
so as to enhance the clear space for the passageway of pedestrians.
Any variance pursuant to this provision must be applied for within
ten (10) days after the effective date of this Ordinance as to any
Newsracks which were installed prior to the effective date of this
Ordinance.
The denial of a variance shall be subject to appeal pursuant
to Section 12 of this Ordinance.
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
1997
Mayor Arthur I. Snyder
Vice Mayor Arthur Berger
Councilmember Jay R. Beskin
Council member Ken Cohen
Councilmember Harry Holzberg
Council member Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
City Manager Eric M. Soroka
City Clerk Teresa M. Smith
City Attorney Weiss Serota &Helfman
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
1997
This document is intended to provide direction to the City Menager, City Attomey 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. Request the Department of Community Affairs to allocate to the City of Aventura
its fair share of funding under the Local Government Comprehensive Planning
Assistance Program as a newly incorporated City.
2. Request Dade County allocate to the City of Aventura its fair share of Florida
Power and Light Franchise Fees.
3. Allow Code Enforcement liens to be considered as priority liens and provide
additional flexibility to local governments in the administration and enforcement
of codes and ordinances.
4. Provide for the equitable partial-year assessments of ad-valorem property, for
the portion of a year that new construction is completed, or payment of a fee - in
lieu of taxes for City services rendered.
5. Expedite the construction of Miami Gardens Drive east of Biscayne Boulevard.
6. Request Dade County to allocate funds from Stormwater Utility Fund to correct
prior deficiencies that were not previously corrected by Dade County.
7. Provide local government authority over outdoor advertising and billboards to
reduce the overall number of outdoor advertising without incurring an
unreasonable financial burden for local governments.
8. Provide for and protect fees, taxes and other revenue streams to municipalities
from current and emerging telecommunications service providers.
9. Ensure municipalities receive compensation for use of the public right-of-way
from all users of such right-of-way, including telecommunications service
providers and protects the municipalities rights to regulate the use of their public
right-of-way.
10. Adopt the 1997 Policy Statement of the Florida League of Cities
11. Provide for the establishment of an additional EMS Rescue unit and substation
in the southern portion of the City.
12. Rename Biscayne Boulevard (US1) to Aventura Parkway within the corporate
limits of the City.
13. Expedite the improvements to Biscayne Boulevard and Ives Dairy Road.
The City of Aventura will seek financial assistance and grants for the following
projects:
1. Design and construction of 10.5 acre Aventura Park on Country Club Drive and
190th Street.
. --,.... .-
2. Street an.d median landscaping and beautification projects on all public
roadways.
3. Expedite the landscaping of the FEC railroad tracks from Lehman Causeway to
the southern boundary of the City.
4. Study and creation of a mini-bus system in the City to link residential and
commercial areas.
5. Establishment of community policing program.
6. Design and construction of improvements to the jogging/exercise path.
7. Design and construction of cultural center as part of the proposed Government
Center.
8. Design and construction of multi-purpose bus terminal. Study use of FEC
railroad for railbus service.
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, City
DATE: November 22,199
SUBJECT: Renaming of Biscayne Boulevard to Aventura Parkway
The City Council has previously requested this office to review the possibility of
renaming Biscayne Boulevard in the City limits to Aventura Parkway.
The Florida Department of Transportation (FOOT) has informed me that Biscayne
Boulevard from N.E. 163rd Street to William Lehman Causeway, was renamed "Annie
Ackerman Boulevard". (see attached)
In order to proceed with this matter further direction is required and I have placed this
matter on the December 2nd, 1996 Workshop Agenda.
If we wish to pursue this matter, I would recommend that this be a part of the City's
Legislative Agenda for 1997 and request the assistance of Ron Book in this matter.
EMS/mn
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Florida Lea9ue ofOties. IDe.
Florida League of Cities, Inc. . Post Office Box 1757 . Tallahassee, Florida 32302-1757
(904) 222-9684 . Suncom 278-5331 . FAX (904) 222-3806
DRAFt
Municipal Finance and Taxation
Priority
The Florida League of Cities will support legislation that authorizes the Small
Counties Surtax to be implemented by all counties regardless of population.
Flexible Financing
200
Florida shares fewer dollars with its cities than any of the 10 largest states.
Every tax source available to a municipality in Florida is either capped or
frozen by the state constitution or the Legislature. New legislation from
the state must be granted to cities to provide additional revenue flexibility,
since most taxing authority is preempted to the state. Cities must have
more flexibility in the types of taxes they are able to levy and more
authority to equalize the burden of those taxes.
The Florida League of Cities will support legislation that:
200.1
200.2
200.3
200.4
200.5
200.6
200.7
~ ..
Repeals Section 166.231 (1)(b), Florida Statutes, which exempts the fuel
adjustment charge from the Public Service Tax.
Expands the earnings potential of police and firefighter pension fund
assets through a broadening of authorized investments.
Authorizes cities to levy transportation improvement and maintenance fees
based on an equitable charge basis.
Amends Chapter 75, Florida Statutes, to restrict the ability to intervene in
bond validation hearings for special assessments to fee holders of property
within the impacted district.
Requires all tax exemptions to be tied to measurable benefits and subject
to periodic sunset review.
Reforms the State Municipal Revenue Sharing Program to provide more
flexible uses of the "guaranteed entitlement" and replace the cigarette tax
base with an alternative revenue source that will expand to keep pace with
inflation.
Permits municipalities to obtain funds for municipal communication
systems from surcharges that counties may levy, but are not appropriately
using, for intergovernmental radio communication systems.
1
200.8 -Expands the acceptable uses for the 911 fee revenues to include radio
communications equipment.
Tax Equity
201
Tax equity between the various levels of government is essential to the fair
and reasonable allocation of the cost of government to Florida's citizens.
The Florida League of Cities will support legislation that:
201.1
201.2
201.3
201.4
201.5
201.6
201.7
201.8
Preserves the current standard of review for overturning ad valorem
assessments to protect property tax revenues.
Corrects the inequities caused by the double taxation of municipal citizens.
Allows taxing authorities to establish property tax equity by assessing new
construction on a partial year basis.
Grants cities and counties the authority to legally challenge under-
assessments of properties within their respective jurisdictions.
Places a constitutional amendment on the ballot that would grant ad
valorem tax immunity to municipalities in the same manner as that granted
to county government.
Grants cities the authority to implement all or part of the local option gas
tax and requires a more equitable method of computing the default
formula
Requires that state service fees on municipal trust funds not exceed the
actual cost of collection.
Requires at least one municipal official be appointed to serve on the Value
Adjustment Board. .
Transportation
202
The state has a responsibility to provide fundable state transportation
solutions that complement local government efforts, and integrate local
and regional growth management plans.
The Florida League of Cities will support legislation that:
2
202.1
202.2
202.3
202.4
202.5
"Requires the State to distribute to local boards on an equitable basis, any
transportation fees received from the federal government, that formerly
may have been directly transmitted to local governments or public
agencIes.
Requires the state to provide adequate, new recurring revenue sources if
and when transferring transportation responsibilities.
Requires counties to allocate a reasonable amount of transportation
revenues to municipalities for county roads located within municipalities
to ensure that concurrency requirements are legally met.
Provides additional motor fuel tax authority to meet the transportation
needs of municipalities.
Requires the indexing of all state and local option gas taxes to the
Consumer Price Index.
Environmental Funding
203
The state should either appropriate funds or provide municipalities with a
source of funding to pay for more stringent mandated environmental
requirements.
The Florida League of Cities will support legislation that:
203.1
203.2
"""" ..
Authorizes cities permanent recurring funding sources to assist In the
financing of environmentally related programs.
Increases state research funding to improve local waste disposal, recycling
technology and to expand/create markets for recyclables.
3
Urban Ad-ministration
Priority
The Florida League of Cities will support legislation that ensures local
government authority to manage and determine compensation for use of public
rights-of-way and provides for and protects fees, taxes and other revenue streams
to local governments from current and emerging telecommunications service
providers.
Home Rule
300
The Florida League of Cities believes that the essence of home rule is
simple: the citizens of a community have the constitutional right to
manage and fund their own affairs at the grassroot level, with minimum
interference from other governmental agencies. Home rule assumes that
local problems should be settled by locally elected officials, that the state
should concentrate on the pressing affairs of the state, and that the
unwarranted intrusion by other officials into the affairs of municipal
government should be restricted to essential welfare of the entire state.
Municipalities provide key governmental services affecting the daily lives
of their citizens and home rule leaves each community free to promptly
exercise those responsibilities in the manner best suited to meet the needs
ofits citizens.
The Florida League of Cities will support legislation that:
300.1 Enhances the ability of municipalities to manage their local affairs in
accordance with the wishes of their citizens.
300.2
Clarifies procedures for municipalities to exercise their authority regarding
local zoning and land use requirements.
300.3
Re-establishes local authority in the procurement of professional services.
300.4
Exempts municipal facilities, activities and programs from state licensing
requirements.
300.5
Broadens the authority of municipalities to manage and fund enterprise
activities and services, and to franchise utilities and other service providers
operating within the municipality.
30D.6
Establishes a simplified, uniform notice procedure for local government
actions.
4
300.7
300.8
300.9
300.10
300.11
300.12
300.13
300.14
300.15
Tort Liability
301
'"TO.
Permits the recovery of expenses incurred in collecting, organizing,
storing and retrieving information available under the Public Records
Law.
Recognizes that some public records, such as work papers and personnel
files, should be exempt under the Public Records Law.
Provides the maximum authority to municipalities for fashioning
remedies, based on local circumstances, to address historic discriminatory
practices.
Prohibits both "red-lining" and non-renewal of property insurance policies
affected by sinkhole/subsidence activity and ensures the public is not
subject to unfair and/or discriminatory insurance practices due to
sinkhole/subsidence activity, hurricanes, floods, earthquakes, or other acts
of God or man.
Maintains local governments' authority to set rates and establish service
for water, sewer, electric, natural gas or any other municipally operated
utility.
Removes all restrictions, judicial or otherwise, limiting communications
between elected and appointed officials and their constituents, staff, and
others.
Maintains local authority over outdoor advertising and provides incentives
for local governments to work in cooperation with outdoor advertisers and
state and federal regulators to reduce the overall number of outdoor
advertising signs.
Directs that an unbiased and comprehensive study of the total life cycle
costs of overhead versus underground electric utilities be undertaken.
Protects municipal authority over municipal rights-of-way, franchise fees
and other forms of revenue generation authority, and the operation of
municipal electric utility systems.
The Florida League of Cities recognizes that, with regard to tort liability
for certain governmental actions, payments must remain limited.
Unlimited tort liability will have a substantial impact on governments'
ability to provide for the general health, safety and welfare of its citizens.
Also, expenditures of public funds to satisfy tort judgments are a
5
. taxpayers' expense. Governments provide certain unique services to the
general public, and these services require that traditional standards and
notions of tort liability should not similarly apply to official governmental
agencies supported by taxes extracted from all citizens.
The Florida League of Cities will support legislation that:
301.1
Limits the exposure of local governments and their officers, employees
and volunteers in tort liability.
. 301.2
Repeals the doctrine of joint and several liability for governmentally
related actions.
301.3
Modifies the Good Samaritan Act to specifically include the actions of off-
duty law enforcement, emergency medical, and fire and public safety
persoooel providing emergency care and treatment.
301.4
Reasonably reforms the Florida civil justice system while protecting
current limited waiver and notice provisions of sovereign immunity.
Code Enforcement
302
The code enforcement process represents an effective, inexpensive and
expeditious response process to alleged code violations. This process
provides local governments with an alternative method of code
enforcement without having to rely on an already overly burdened state
court system. Code enforcement proceedings provide for fair and impartial
hearings on code violation complaints. The code enforcement process
should provide sufficient flexibility and authority to local governments in
their enforcement activities and actions.
The Florida League of Cities will support legislation that:
302.1 Provides additional fl~xibility to local govermnents in the administration
and enforcement of codes and ordinances.
302.2 Grants municipalities the power of subpoena along with the authority to
delegate the power to locally established boards.
302.3 Requires all govermnental entities to comply with locally adopted codes.
6
Municipal Building Departments
303
The construction industry is a significant part of Florida's economy. In
regulating this industry, municipalities have the responsibility to see that
buildings are constructed in accordance with minimum safety standards
using their regulatory and police powers. Also, decisions relating to the
administration and operation of municipal building departments properly
belong to the municipalities' citizens through their municipal charter
provisions and their elected officials.
The Florida League of Cities will support legislation that:
303.1
303.2
303.3
303.4
303.5
303.6
Enhances the ability of municipal governments to manage, operate and
finance their building departments.
Maintains the adoption of building codes at the local level, permits
municipal amendments to building codes, and provides local governments
the ability to vote on proposed code changes.
Assists local building departments by providing information or education
for code officials.
Creates a state-operated and state-funded centralized database regarding
construction industry licensing and insurance.
Permits municipal amendments to building codes regarding construction
methods, personnel standards and professional qualifications based on
local safety and welfare determinations.
Removes the requirement that a statewide rating organization include
positive rate factors when performing a building code enforcement
assessment.
Fire Safety and Emergency Services
304
Since the possibility of destruction of life and property by fire is a matter
of concern wherever people live, fire is one of the foremost threats facing
local governments. The Florida League of Cities recognizes that local
government has been, and should continue to be, the primary force in
combating this danger.
The Florida League of Cities will support legislation that:
304.1 Ensures the adoption and enforcement of fire safety standards are
maintained at the local level.
7
304.2
304.3
304.4
Promotes and funds safety, education and regulation of fireworks in our
state.
Prohibits any new Uniform Fire Safety Standards and re-directs existing
language to apply to new and existing occupancies appropriately.
Removes all restrictions from municipalities receiving a certificate of
public convenience and necessity for emergency medical services, and
requires appropriate and equitable funding from the Emergency
Transportation Services Trust Fund when the municipality provides
emergency medical services.
Eminent Domain
305
Local governments often find it necessary to use their power of eminent
domain to acquire land for such public purposes as roads, public buildings
and facilities, downtown and community redevelopment, and for the
preservation of natural resources. However, local govemments' reasonable
exercise of this power is often complicated by the unnecessary costs
associated with the eminent domain process.
The Florida League of Cities will support legislation that:
305.1 Minimizes costs associated with condemnations and that places reasonable
restrictions on the legal expenses.
Community and Economic Development
306
Substantial outgrowth of commercial activities has occurred in recent
years from urban downtown areas. This urban sprawl has, in some
instances, created undesirable situations in central city areas, contributing
,
to the subsequent decline in the tax base.
The Florida League of Cities will support legislation that:
306.1
306.2
Provides technical and financial assistance to municipalities in using
enterprise zones, and in redeveloping and revitalizing downtowns and
existing urban areas.
Provides fair, safe, sanitary and decent housing consistent with local
building, land use and zoning requirements.
8
306.3 Allows municipalities, acting through community redevelopment
agencies, to effectively carry out redevelopment and community
revitalization.
Transportation
307
Municipalities provide a wide array of transportation services to citizens,
visitors and commercial entities. These transportation services include
roads and highways, public transit, commuter rail, airports, seaports, and
pedestrian and bicycle facilities. Municipalities are also impacted when
other governmental entities locate transportation facilities within
municipal jurisdictions. Appropriate planning and funding are essential to
maintaining a viable transportation system within the state.
The Florida League of Cities will support legislation that:
307.1
Enhances the role of municipalities regarding placement of transportation
facilities directly affecting the municipality.
307.2
Requires the state to adequately fund ongoing costs for all transportation
responsibilities transferred to municipalities and to timely reimburse
municipalities for the cost of constructing and maintaining any authorized
Department of Transportation projects.
Telecommunications
308
The 1990s will witness the rapid deployment of advanced
telecommunications services. The telecommunications industry is
developing technology capable of integrating voice, data and video
services along a single wire. While the information superhighway presents
considerable opportunities, it has potentially significant fiscal and policy
implications for municipalities. As events unfold, the regulatory powers
municipalities enjoy' are becoming increasingly vulnerable, and
municipalities must take steps to ensure that their role in protecting the
interests of their communities is not sacrificed in the interest of developing
the information superhighway.
The Florida League of Cities will support legislation that:
308.1 Maintains local governments' revenue capacity which recognizes funding
sources separately and considers the funding purpose of each revenue
source.
9
~ .
308.2
308.3
308.4
308.5
308.6
308.7
308.8
Ensures local government authority to utilize franchise fees and tax
revenues at their discretion.
Eliminates tax inequities by taxing functionally equivalent services
similarly regardless of the service provider and provides uniformity in the
tax base among the state and local governments.
Provides comprehensive definitions to account for the development of new
cable and telecommunications products and services.
Preserves local governments' ability to collect and audit franchise fee and
tax revenues implemented by their respective jurisdictions.
Provides regulatory powers over telecommunications service providers in
order to protect public health, safety and welfare and local government
infrastructure; ensures open access to telecommunications services; and
protects the privacy of consumers of these services.
Ensures local governments receive an appropriate allocation of the use in
all advanced telecommunications resources, including fiber-optic wiring.
Maintains the discretion of local governments to impose the public service
tax.
10
Intergovernmental Relations
Priority
The Florida League of Cities will support legislation that ensures that the state
directly provides disaster preparedness and hazard mitigation planning resources,
training, and fiscal capacity to municipalities so they can respond to natural and
human-made disasters and emergencies that threaten their communities.
Multi-Jurisdictional Relationships
400
The Florida League of Cities recognizes intergovernmental responsibilities
which transcend local boundaries to meet the needs of citizens. It is
important that each level of government respect the goals and objectives of
each entity, and use their unique resources to understand and respond to
concerns.
The Florida League of Cities will support legislation that:
400.1
400.2
400.3
400.4
400.5
~ ..
Authorizes local governments to redesign their service delivery systems to
reduce duplication and utilize taxpayers' resources to enhance the
effectiveness and efficiency of the delivery of essential services.
Provides for required representation of municipal elected officials on all
new and existing regional and local districts, councils, agencies, and state-
designated committees that impact municipal affairs to ensure
representation of local governments and prevents taxation without
representation.
Encourages the use of dependent special districts within cItles and
counties for fiscal efficiency and service delivery, and continues the
current process for periodic review of independent, and state-created
special districts.
Guarantees direct participation by municipal government in designing
funding formulas, methods of distribution of federal and state funds shared
with municipalities, and the development and maintenance of these
intergovernmental programs.
Creates a more defined role for cities in state technology planning that
encourages the state to expand information-sharing between all levels of
government.
11
400.6
400.7
400.8
400.9
400.1 0
400.11
400.12
400.13
Provides adequate state funding and staff resources for research and
development of a statewide government and geographic information
system to be easily accessed by citizens and federal, state and local
governments.
Limits the state's ability to require municipal government enforcement of
state policies and programs.
Limits the ability of initiative groups to collect signatures for multiple
constitutional amendment proposals, prohibits the compensation for the
collection of signatures, and reforms the initiative process for greater
accountability and state oversight.
Ensures that there is consistent and continued emergency management
cornmunication and coordination between municipalities and counties to
facilitate pre- and post-disaster mitigation planning, programs and
operations.
Develops an effective system to ensure that federal, state, county and
municipal emergency management officials coordinate and cornmunicate
with local officials for key decision-making that impacts disaster
preparedness and response by the municipality.
Ensures that the state's technical and financial assistance and associated
programs are structured to allow for municipalities to have maximum
flexibility in tailoring their disaster preparedness planning to the unique or
special circumstances and needs of the community. This technical
assistance includes the gathering and regular dissemination of information
to municipalities on disaster preparedness, hazard mitigation planning and
general disaster issues, as well as specific emergency disasters operations
when they occur. This ongoing communication and sharing of resources,
training, funding and information is in addition to the current system or
process of emergency coordination, that is tracked from the state to the
county government emergency operation centers that is to be shared with
municipalities. '
Ensures lending institutions provide low-interest loans or lending
provisions for hazard mitigation to allow home owners or buyers to obtain
financing for structural mitigation activities in high risk areas.
Ensures the insurance and reinsurance industries provide incentives for
mitigation through rate adjustment that reward policy holders who take
hazard mitigation actions.
12
400.14
Ensures that economic development programs that are targeted to rural
local governments, specifically include rural municipalities located in
urban counties.
Intergovernmental Programs
401
The League supports strengthened federal, state, regional, local and
municipal partnerships, increases in funding and technical assistance to
provide essential governmental services, and actions that expand programs
helping to provide affordable housing assistance for the homeless, the
elderly, and disadvantaged citizens. Key among these programs is the
Community Development Block Grant (CDBG) program that has
historically addressed housing, economic development and infrastructure
needs oflow- and moderate-income persons.
The Florida League of Cities will support legislation that:
401.1
401.2
401.3
401.4
401.5
401.6
401.7
Provides greater municipal access to Small City CDBG funding to non-
entitlement cities for the purpose of fmancing vital community
development programs.
Builds a more effective housing partnership between the private sector,
including non-profits and government at all levels, to provide more
affordable housing.
Protects and enhances the State Housing Initiative Program (SHIP) to be
allocated to counties and cities.
Ensures that no state mandated regulatory requirements impede local
governments' development of and access to affordable housing, while
maintaining local governments' flexibility to meet its community's
affordable housing needs.
Ensures that the State's Affordable Housing Catalyst Program provides
local governments with technical assistance and training for staff who are
involved in the administration of local affordable housing and related
programs, such as but not exclusive to the State Housing Initiatives
Partnership Program (SHIP) and the HOME Partnership Program.
Continues and increases funding for the Florida Institute of Government's
training and research programs, in recognition of the importance of
improving local government knowledge and skills.
Provides clarification for required education instruction for grades K-12,
that the elements of civil government include the primary functions of and
13
inter-relationships between the federal government, the state, and its
counties, municipalities, school districts and special districts.
Unfunded Mandates
402
In 1990, the state constitution was amended to limit the Legislature's
ability to pass unfunded mandates to county and city governments.
Implementation legislation for the amendment is reserved to the
Legislature and has not yet occurred. The most important considerations
for cities are defining fiscal impact of proposed legislation and
establishing local venues for the legal challenges of unfunded state
mandates. These issues will continue to be a significant priority for
Florida's cities.
The Florida League of Cities will support legislation that:
402.1 Strengthens the concept that local issues are best resolved at the local level
of government and prevents attempts to erode municipal government
powers.
402.2 Establishes a state procedure within a specific agency to
intergovernrnentally assess the impact of shifted and diminished federal
programs and block grants upon cities and counties, consistent with the
constitutional unfunded mandates provisions.
402.3 Ensures that all costs incurred by cities and counties in administering state
laws are offset by state revenues.
Municipal Library Funding
403
The Florida League of Cities recognizes the contribution made by
municipal libraries to ~e quality oflife of Florida's citizenry.
The Florida League of Cities will support legislation that:
403.1 Provides state funding to all public libraries, including municipal libraries.
State Agency Rule-making
404
The Florida League of Cities acknowledges the efforts underway to
streamline and improve the state's rule-making procedures. It is important
to Florida's cities that Home Rule authority and the uniqueness of cities be
14
respected in these reVISIOns and that cities not be included under the
auspices of the Administrative Procedures Act.
The Florida League of Cities will support legislation that:
404.1 Revises the agency rule promulgation process to require the agency
promulgating a rule to specifically define in the rule, the "outcome" to be
achieved for the state, county and municipal govemments through the
promulgation of the rule, that should also be consistent with other
overlapping state agencies rules. The time frame for the outcome results
to occur must happen within the first year of the rule becoming effective.
Public Education
405
The Florida League of Cities believes that a strong public education
system is essential to building and sustaining Florida's communities. The
League supports efforts to enhance the quality of public education, and
believes that adequate fiscal and material resources should be provided to
address, among other issues, school overcrowding, the expansion of after
school programs and the shared use of school and municipal facilities.
The League further encourages state and local officials to adopt policies
consistent with this goal.
15
Environmental Quality
Priority
The Florida League of Cities will support legislation that reduces unnecessary
state mandated requirements for preparing local comprehensive plan evaluation
and appraisal reports (EARs) in order to streamline government regulation and to
restore municipal autonomy.
The Florida League of Cities will support legislation that provides economic and
regulatory incentives to promote environmentally and technically feasible water
quality and supply management alternatives such as conservation, reuse, aquifer
storage and recovery, desalination, and the use of surface waters.
Water Management and Planning
500
Proper management of the state's water supply and quality is an extremely
important issue to Florida's municipalities. Since the state's water
resources are interconnected and mutually owned, all stakeholders should
share responsibility for their proper management. The League supports
responsible land and water use, conservation and planning based on
appropriate data and analysis, and supports the development of alternative
water supplies.
The Florida League of Cities will support legislation that:
500.1
500.2
. 500.3
500.4
Authorizes a recurring revenue generating mechanism for funding water
supply development.
Provides that the transfer of water should be the option of last resort once
all other environmentally sound, financially and technically feasible
options have been exhausted, including water conservation, water reuse,
and intra-district alternative water supplies. Furthermore, that transfer
should occur with the concurrence of the impacted municipalities and
counties.
Provides that municipalities and counties have primary authority for
ultimately determining which appropriate water supply alternatives or
options would facilitate their water supply development.
Provides that if transferring water from one jurisdiction to another, fees
shall be based on full cost analysis and recovery, in all respects including
environmental mitigation. An optional surcharge may be levied to further
16
500.5
500.6
500.7
develop alternative water supplies, in addition to any existing surcharges
currently authorized by statute.
Provides for financial incentives to promote, environmentally sound
alternatives available for the disposal of by-products from reverse osmosis
and desalination.
Requires that the term of water use permits be established to meet current
and future demands without environmental degradation to the surrounding
area.
Protects shallow water aquifers and surface watersheds used for public
potable water supply systems from the location of any petroleum products
pipeline.
Growth Management
501
Local comprehensive planning should be the cornerstone of land use and
water planning, including the orderly expansion of municipal development
through annexation. No other management tool can effectively integrate
and balance a vast array of community interests, providing a "constitution"
for best serving the needs of a municipality, while providing for the
collective needs of the state. Requirements for local comprehensive
planning imposed by the state upon municipalities should be minimal and
fully recognize municipal home rule authority.
The Florida League of Cities will support legislation that:
501.1
501.2
501.3
501.4
501.5
""'T..
Requires the orderly expansion of urban development; provides incentives
for redevelopment; and discourages urban sprawl.
Provides reasonable procedures to allow cities to eliminate all enclaves
and to expeditiously \IIIIlex highly developed areas, or areas soon to be
developed, that are adjacent to their boundaries.
Authorizes cities to optionally waive "in-city elections" for annexation by
referendum.
Authorizes planning and incentives for promoting the cost-efficient
provision of municipal services, realizing appropriate economies of scale
and service effectiveness without duplication.
Authorizes counties to observe municipal land use plans when granting
development approvals for property located within unincorporated
enclaves in the city.
17
501.6
501.7
Permits municipalities to amend their comprehensive plans and rezone
property simultaneously with the voluntary annexation of property.
Maintains a municipality's ability to extend financially feasible
concurrency to public schools through interlocal agreement.
Environmental Permitting
502
Protection of our environment is a major concern of all citizens of the
state. The various environmental permitting processes of the state are
important to the preservation of our natural resources. However, recent
and projected funding cutbacks at the state and federal levels necessitate
that the state permitting process be streamlined, reasonable and financially
feasible.
The Florida League of Cities will support legislation that:
502.1
502.2
502.3
502.4
502.5
502.6
Allows for continued discharge from a permitted facility that is operating
in accordance with permit conditions, absent a clear demonstration by the
regulating entity that said facility is causing or contributing to degradation
of water quality.
Allows the delegation of state and regional permitting programs to
certified or designated municipalities upon their request.
Ensures that municipalities retain the right to adopt and enforce more
stringent environmental standards.
Establishes state, regional and county environmental permitting,
surveillance, regulation, and operating fees that do not exceed direct cost
recovery levels, and do not impose hardship.
Grants additional revehue generating authority and technical assistance to
support local environmental and growth management programs regulated
by the state, particularly for smaller cities, including, but not limited to,
solid waste recycling, wastewater treatment and reuse, hazardous waste
management, and evaluation and appraisal reports (EARs).
Provides a waiver of financial penalty when a municipality or other
regulated entity discovers and corrects an environmental permit violation
caused by a short term malfunction in a facility, and opposes any public
records exemptions.
18
502.7
Provides incentives for remediation and redevelopment to municipalities
that have acquired environmentally contaminated "Brownfield" sites.
Solid Waste Disposal and Collection
503
One of the major environmental concerns facing our state is the proper
collection and disposal of solid waste. The collection and disposal of solid
waste has become a local government problem approaching crisis
proportions. Landfilling cannot continue to be the primary method of solid
waste disposal because of the state's highly permeable soil and water
tables. Developing and implementing alternatives to the use of landfills are
costly. Feasible solid waste recovery, recycling, reuse, and disposal
systems should be encouraged and supported by state incentives.
The Florida League of Cities will support legislation that:
503.1
503.2
503.3
503.4
503.5
Stormwater
504
Preserves the state, local and private partnership for promoting voluntary
recycling efforts.
Encourages environmentally responsible packaging of consumer products
as a means of achieving solid waste reduction and improved local
recycling programs, including waste-to-energy facilities.
Requires the Department of Environmental Protection to issue permits for
solid waste management facilities based on the best management practices
and to allow for continued use of the facility, absent a clear demonstration
by the state that the facility is causing environmental harm.
Places a refundable deposit on beverage containers without exemptions.
Allows the expansion or upgrade of existing waste-to-energy facilities.
Stormwater runoff, which contributes to surface water and/or groundwater
pollution, is caused by both urban and agricultural uses. Solutions to
stormwater runoff should entail a partnership approach between
municipalities, counties, schools, water management districts, and state
government and not place a disproportionate or undue burden on urban
areas.
The Florida League of Cities will support legislation that:
19
504.1
504.2
504.3
'Provides for area-wide coordination of stormwater management, which
requires the agricultural industry to share the proportionate costs to
mitigate pollution when the agricultural runoff is a contributing source.
Requires the Florida Department of Transportation to be responsible for
mitigating new and retro-fitting existing effects of stormwater runoff from
the state's highway system.
Provides a local option funding mechanism for eliminating aquatic weeds
that often disrupt municipal stormwater and drainage systems.
Coastal Management
505
Florida's coastal resources are considered to be among its greatest assets.
Under proper stewardship, these resources should be protected and
enhanced so that they may continue to be enjoyed for generations to come.
The Florida League of Cities will support legislation that:
505.1
505.2
505.3
505.4
505.5
Provides for a reasonable and regular increase in publicly owned coastal
land, with continued support for Preservation 2000, Florida Communities
Trust, Save Our Coast, Conservation and Recreation Lands (CARL), and
other state and federal funding programs, and removes unwarranted
restrictions on the tourist development tax for coastal land acquisition.
Grants revenue generating authority for projects designed to enhance
beach areas, bayous and estuaries, such as beach re-nourishment and
vegetation projects, erosion control, inlet management, dune enhancement,
environmental coastal education, relocation of seaside development, and
marine habitat restoration.
Requires the state to receive and review comments from local government
officials prior to final decisions regarding permits or leases pertaining to
municipal dumping an'd discharge.
Constrains the sale, lease or change of land use of publicly owned land
without involvement in the decision by impacted municipalities.
Authorizes redevelopment in coastal high-hazard areas, provided it is
consistent with a municipality's approved local comprehensive plan.
Wastewater Treatment and Reuse
20
506
Once municipal water has been used, it is in most instances properly
treated and recycled back into the environment. The improper siting,
installation, and maintenance of package plants and septic tanks often does
not accomplish the level of treatment needed to protect the ecosystems of
the state, and acts only to exacerbate non-point source pollution problems.
Wellfield contamination may occur, creating a serious threat to the health
and safety of Florida's citizens.
The Florida League of Cities will support legislation that:
506.1
506.2
506.3
Wetlands
507
Prohibits the use of septic tanks in potable water well fields and high-
density urban areas and allows their limited use in rural areas only when
soil conditions, topography and water tables are suitable, and municipal
services are not available.
Severely limits the installation of new small package sewer treatment
plants and increases state regulation of existing package plants, including
strong measures to prevent improper operations, neglect and/or
abandonment.
Requires the closure of package treatment plants when central sewage
treatment is available.
The state's wetlands are essential to the state's natural ecosystem. These
wetlands provide water filtration and storage, and serve as a natural habitat
to fish and wildlife. Development in wetland areas should be prevented.
The Florida League of Cities will support legislation that:
507.1
507.2
Ensures that municipalities retain the right to adopt and enforce more
stringent wetlands an4 upland habitat regulations within their municipal
boundaries.
Facilitates and encourages the use of stormwater and/or treated
wastewater, when appropriate, for wetland restoration, and rehydration
projects.
Hazardous and Toxic Waste
508
The proper identification, storage, disposal, treatment and transportation of
hazardous waste, infectious materials, and other toxic materials are
essential for the protection of the public health, safety, and welfare.
21
-Furthermore, the proliferation of small, scattered disposal sites only
exacerbates potential problems associated with hazardous and toxic waste
management. A solution to the problems of hazardous and toxic waste will
require the cooperation of federal, state, and waste generating and
transporting industries.
The Florida League of Cities will support legislation that:
508.1
Defines chemical, biological, nuclear, toxic and infectious wastes, and
establishes procedures that track the generation, transport and disposal of
such waste.
508.2
Encourages the imposition of civil penalties that exceed the cost of legal
disposal against illegal dumpers of hazardous and toxic materials.
508.3
Encourages a reduction in the production of hazardous Waste and promotes
neutralizing potentially hazardous waste on-site.
22
Ethics and Personnel
Priority
Ethics
The Florida League of Cities will support legislation that reconstitutes the
membership of the Commission on Ethics to ensure substantive and procedural
due process.
Personnel
The Florida League of Cities will support legislation that preserves municipal
Home Rule and the collective bargaining process in determining which sections of
Chapter 175 and 185, Florida Statutes, apply to local law plans.
Personnel Expenditures
600
Municipalities are major employers in Florida, with more than 100,000
employees. Personnel-related expenses account for between 60 and 80
percent of municipal budget expenditures. Municipal officials are held
directly accountable to their citizens for these fiscal and administrative
personnel decisions and should, therefore, have final control over the cost
of providing pay and benefits for their employees.
The Florida League of Cities will support legislation that:
600.1
Protects the home rule ability of every city to effectively and locally
manage all aspects of employee salary and benefit packages, in the best
interest of taxpayers as well as employees.
Local Public Officials
601
The Florida League of Cities recognizes that thousands of Florida citizens
are now serving in municipal offices and that most serve in this public
capacity with little remuneration and great personal expenditure of time,
effort, and talent. We are of the firm belief that individuals in such public
office should not be subjected to undue or unreasonable restrictions in
order to serve their fellow citizens, nor should they be subjected to
frivolous charges.
23
. .
The Florida League of Cities will support legislation that:
601.1 Requires that any Sunshine and Public Records Laws, now or in the
future, applies equally to the Florida Legislature, state agencies, and local
governments.
601.2 Removes municipal employee personal records, similar to those exempted
for law enforcement personnel, from coverage under the Public Records
Law.
601.3 Clarifies statutory authority to nullifY recall petitions that are based on
frivolous charges.
601.4 Excludes city-owned utility customer applications and payment records
from coverage under the Public Records Law.
601.5 Excludes locally appointed boards, other than those that are quasi-judicial,
from financial disclosure requirements.
601.6 Limits any expansion of financial disclosure requirements for elected
officials of municipal government.
601.7 Repeals the.5 percent election assessment currently paid by municipal and
other candidates to fund campaign financing of candidates for governor
and cabinet offices, which also would repeal state General Fund financing
ofthe same representatives in Florida.
601.8 Allows municipal elected officials in the FRS (Florida Retirement System)
the same retirement benefits as county and state elected officials under the
FRS. .
601.9 Clarifies Section 286.011 and related case law, to exempt public advisory
boards, commissions and committees (whose function is fact-finding and
the exchange of infor;mation on pre-assigned areas of interest) from the
Sunshine Law during these functions. The law should apply to these
bodies when they meet to exercise an authority to recommend to a
decision-making public body, or to the general public.
Employer/Employee Relations
602
Alternatives to collective bargaining, such as strikes, binding arbitration
and using the "end run" to obtain pay and/or benefits, are unacceptable to
locally elected officials. The injection of a third party into the process of
setting community priorities and levying taxes is contrary to a
representative form of government.
24
The Florida League of Cities will support legislation that:
602.1
Requires that job-related disabilities claimed from HIV, hepatitis, cancer,
hypertension or heart disease be proven by the weight of evidence.
602.2
Prohibits binding arbitration as a resolution to impasse under the collective
bargaining law.
602.3
Requires that the determination of an employee as "managerial" be based
on job duties, and recognizes the potential conflict of interest between a
"confidential" employee and a collective bargaining agent.
602.4
Allows a public employer to petition the Public Employees Relations
Commission (pERC) for an election when the union lacks continued
majority status.
25
Criminal Justice
Priority
The Florida League of Cities will support legislation that allows flexibility in
cooperative use ofIaw enforcement resources between neighboring communities.
Crime and Judicial Administration
700
The Florida League of Cities recognizes that the degree of crime in a
community has a direct impact on its citizens' quality of life and a
community's well-being. The League believes the paramount criminal
justice problems presently crippling Florida's communities are violent
crime, increased alcohol and drug-related activities, and the lack of
appropriate and creative sentencing. The League, therefore, believes the
Legislature should commit sufficient state resources toward adequately
funding correctional facilities and law enforcement personnel, as well as
drug prevention, education, rehabilitation, and treatment. The Legislature
should increase criminal penalties for those adults and juveniles who
commit violent crimes.
The Florida League of Cities will support legislation that:
700.1
700.2
700.3
700.4
Offers programs designed to treat individuals who have chemical
dependencies, including mandatory programs that provide substance abuse
testing, counseling, and treatment services for people convicted and
incarcerated for drug use.
Allows greater local government decision making and involvement in
decisions to site correctional facilities, half-way houses and group homes
in accordance with local government comprehensive plans.
Allows the use of law enforcement forfeiture funds for the continued
support and operation of Community Resource Centers and other crime
prevention activities to further the goal of neighborhood crime prevention.
Encourages judges to utilize creative sentencing and immediate sanctions
for first-time non-violent offenders that is based on community
involvement.
26
Juvenile Crime
701
The Florida League of Cities recognizes that to adequately intervene in the
lives of first-time, non-violent offenders and troubled youth, and to
prevent further loss of our youth to crime, requires community
involvement. The League further believes that appropriate community
involvement will enhance individual family responsibility for juvenile
offenders.
The Florida League of Cities will support legislation that:
701.1
Provides incentives to businesses and/or governments that offer
employment, career, and educational opportunities to juvenile offenders.
701.2
Extends the after-school programs to elementary schools.
701.3
Facilitates, permits, and creates incentives for local governments to use
existing public facilities, including school district facilities, to operate
juvenile and after-school programs.
701.4
Provides appropriate sanctions for first-time violent juvenile offenders.
27
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING AND ZONING BOARD; PROVIDING
FOR CREATION, COMPOSITION AND QUALIFICATIONS;
TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND
RESPONSIBILITIES; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Planning ana ZeRiAQ Board, to provide advice and recommendations
to the City Council on matters concerning planning, zening ana development and
redevelopment.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of Aventura Planning afKI
ZaRiR!! Board, (the "Board") consisting of seven (7) members who shall be appointed by the
Mayor, subject to the approval of the City Council. The City Council may increase the sizes
of the Plannino board for the propose of establishino subcommittees as provided in Section
4.C. of this Ordinance. Each member of the City Council may recommend appointments to
the Mayor. Members of the Board shall hold office at the pleasure of the City Council.
Members of the Board shall serve without compensation and shall not be reimbursed for
travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of the City of Aventura
who has continuously resided within the City for the six (6) month period immediately prior
to appointment, and shall not be an employee of the City. Any member who ceases to
reside within the City Limits during his or her term of office shall be deemed to have
resigned as of the date of his or her change of residence from the City. In the event of the
resignation or removal of any member of the Board, the Mayor shall appoint a person to fill
the vacancy on such Board for the unexpired portion of the term of the member vacating
such office, subject to approval of the City Council.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a member has
three (3) unexcused absences in a calendar year, then in that event such member shall be
subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining
members of the Board.
D. The City Manager shall provide necessary staff support for the Board. The
City Attorney shall serve as legal advisor to the Board.
Section 2. Term of Office. The initial term of office for members of the Board shall
be from the date of adoption of the Ordinance creating the Board until November 3, 19978.
Thereafter, terms of office for members of the Board shall be for a period of one (1) year,
with eligibility for reappointment.
Section 3. Advisor\' CaBaGi'\'. exsept as may otherwise se provided susseql.lently
sy Ordinance, the pe~wFS and duties of the 8ear-d shall se solely of an ad'/isery natl.lr-e.
2
Section 3..
A. Rules of Procedure. The Board shall adopt rules of procedure in accordance
with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial
proceedings and other rules of procedure which are not inconsistent with the Ordinances of
the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of
Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B. During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
C. Four (4) members shall constitute a quorum for the transaction of business of the
Board. Official action shall be taken by the Board only upon the concurring vote of a
majority of the members present at an official meeting of the Board.
Section 4. Jurisdiction. The jurisdistierl of the BeaFEI shall be solely adviseI)'. The
powers and duties of the Board shall be solelv of an advisorv nature. Action of the Board
shall be in the form of a written recommendation of advice to the City Council and City
Manager.
A. The following matters shall be within the advisory jurisdiction of the Board:
1. All applications far Zerling Pu~lic Hearings pursuant to Dade County Code
SeG. JJ J11, as made applisa~le in the City pUf&l-larlt to City Charter Sec. 1l.0J and City
Or-dinance No. Q6 05, including ~I.lt not limited to, the following:
3
a. V-arjanl::es iRGluding non I,lse VariaRl:;8S amj I,lse variaRl::es;
b. 5pecial exooptions to the City Zoning Regl,llations;
c. New I,lses aRd I,lnl,lsual use applil::3tions;
d. Conditional uses pUFSl,laRt to City ZoniRg Regl,llatioRs;
e. CreatioR of City Land Development Code previsions, Zoning Code
pr-o'lisions, aRd ameRdmElRts to exi&ting City Zoning Code pr-o'/isions; and
f. Appeal of adrniRistrative decisions.
1. To assist in the preparation of the City's Comprehensive Plan and related sub-
elements:
2. To assist in the creation of the City's Land Development Code and Zonina Code
provisions;
3. Provide recommendations for amendments to existina City Zonina Code
provisions.
4. Provide recommendations relatina to the formation of economic development
and redevelopment policv and creation of appropriate plan sub-elements.
2. /\mendments to the ZORiRg District Maps of the City or r-ezonings of
pr-operties within the City;
3. Potential ZoniRg PlaRRiRg Code eRactments assigned to the !loar.o by the
City COl,lnl::il for stl,ldy to aElsist the City Manager and City ft.ttorRey in pr-eparation of
proposed Ordinances for consideration by tAe City COI,lRcil.
4, 5. Other matters of zoning and planning assigned to the Board by the City
Council.
4
B. The jurisdiction of the Board conferred pursuant to paragraph 1 and 2 of Section
aA---above shall not be effective until the City Manager initiates the
Comprehensive Plan preparation process. certifies that sllfficient City of
AveAtblFa staff Ras been r-etained to pr-o>:ide SlippeR services for the 89am's
exercise of SlIch jllrisdiction; however, the 8ear-d's allthority to make
I'8cemmendatiens to the City CellRcil pUFSllaRt to the jurisdiction confer-r-ed by
par.agr-aphs J and 4 of Section 5.1\. above, as to those matler-s specifically
referr-ed to the 8eard by the City Council for study, shall commence effective
immediately upon adoption of this Or-dinance.
C. The City Council mav create sub-committees of the Plannina Board to assist in
the preparation of the Comprehensive Plan. The appointments to the sub-
committees shall be in conformance with this Ordinance.
Section 5. All members of the Board shall be subject to the Standards of Conduct
for Public Officers and Employees set by Federal, State, County or other applicable law
pursuant to City Charter Section 7.03.
Section 6. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
5
Section 7.. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Council member Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
The foregoing Ordinance was offered by Councilmember
, who moved its
adoption on second reading. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 2nd day of July, 1996.
PASSED AND ADOPTED on second reading this _ day of
,199_.
ARTHURI.SNYDER,MAYOR
A TIEST:
6
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
7
CITY OF AVENTURA
MEMORANDUM
~+"
~o 77
"f6.~
;;;;--
OFFICE OF THE CITY MANAGER
TO: City Council
FROM: Eric M. Soroka, City
DATE: September 12,1996
SUBJECT: Ordinance Creating Planning and Zoning Board
1st Reading July 2, 1996
City Council Agenda Item ~
2nd Reading September 17,1996 (continued from August 20,1996) A
City Council Agenda Item 1
Pursuant to Council's discussion at the Workshop Meeting on September 11, 1996, the
City Council is required to formally take action to continue this item.
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Ordinance Creating Planning and Zoning Board
1 st Reading July 2, 1996 City Council Agenda Item 7B
2nd Reading August 20, 1996 City Council Agenda Item K' A
Recommendation
It is recommended that the City Council adopt the attached Ordinance which creates
the City's Planning and Zoning Board. This Board will be advisory in nature and provide
a source of involvement and input for City residents. The attached document includes
all the amendments approved by the City Council at the July 2, 1996 meeting.
Backaround
The attached Ordinance creates a Planning and Zoning Board and was developed
based on input from Councilmember Jeffrey Perlow and Leonard Brenner. In addition,
the items discussed by the City Council at the June 18, 1996 meeting were
incorporated.
The following highlights the major points of this Ordinance:
. Seven member board appointed by the Mayor subject to approval of the City
Council.
. Each member shall be a qualified elector and resident of the City for at least six
months.
. Initial term of office is until November 3, 1997. Thereafter, terms of office for a
period of one year.
. Powers and duties of the Board shall be of an advisory nature.
. The following matters shall be a within the jurisdiction of the Board:
-Variances.
-Special Exceptions.
-Unusual Use Applications.
-Conditional Uses.
-Creation of Zoning Code and Land Development and Code provisions.
-Amendments to zoning map and rezonings.
-Review of administrative interpretations.
-Zoning Code studies.
. The Board's jurisdiction to matters other than studies will not be effective until
appropriate staff has been retained to provide support services.
If you have any questions, please feel free to contact me.
EMS/ne
CC0028-96
.. ""I'. -
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING AND ZONING BOA"RD;.
PROVIDING FOR CREATION, COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE;
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Planning and Zoning Board, to provide advice and recommendations
to the City Council on matters conceming planning, zoning and development.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation. Composition and Qualifications.
A. There is hereby created and established the City of Aventura Planning and
Zoning Board, (the "Board") consisting of seven (7) members who shall be appointed by
the Mayor, subject to the approval of the City Council. Each member of the City Council
may recommend appointments to the Mayor. Members of the Board shall hold office at
the pleasure of the City Council. Members of the Board shall serve without compensation
and shall not be reimbursed for travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of the City of
Aventura who has continuously resided within the City for the six (6) month period
immediately prior to appointment, and shall not be an employee of the City. Any member
who ceases to reside within the City Limits during his or her term of office shall be
deemed to have resigned as of the date of his or her change of residence from the City.
In the event of the resignation or removal of any member of the Board, the Mayor shall
appoint a person to fill the vacancy on such Board for the unexpired portion of the term of
the member vacating such office, subject to approval of the City Counci~.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a member
has three (3) unexcused absences in a calendar year, then in that event such member
shall be subject to removal as a member of the Board by vote of two-thirds (213) of the
remaining members of the Board.
D. The City Manager shall provide necessary staff support for the Board. The
City Attorney shall serve as legal advisor to the Board.
Section 2. Term of Office. The initial term of office for members of the Board shall
be from the date of adoption of the Ordinance creating the Board until November 3, 1997.
Thereafter, terms of office for members of the Board shall be for a period of one (1) year,
with eligibility for reappointment.
Section 3. Advisorv Caoacitv. Except as may otherwise be provided subsequently
by Ordinance, the powers and duties of the Board shall be solely of an advisory nature.
Section 4.
A. Rules of Procedure. The Board shall adopt rules of procedure in accordance
with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial
proceedings and other rules of procedure which are not inconsistent with the Ordinances
of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of
2
Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
B. During the first meeting of the Board, the members shall _elect one of their
number to act as Chairman and may elect a Vice-Chairman.
C. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Official action shall be taken by the Board only upon the concurring vote of a
majority of the members present at an official meeting of the Board.
Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory.
Action of the Board shall be in the form of a written recommendation of advice to the City
Council and City Manager.
A. The following matters shall be within the advisory jurisdiction of the Board:
1. All applications for Zoning Public Hearings pursuant to Dade County Code
Sec. 33-311, as made applicable in the City pursuant to City Charter Sec. 8.03 and City
Ordinance No. 96-05, including but not limited to, the fOllowing:
a. Variances including non-use variances and use variances;
b. Special exceptions to the City Zoning Regulations;
c. New uses and unusual use applications;
d. Conditional uses pursuant to City Zoning Regulations;
e. Creation of City Land Development Code provisions, Zoning Code
provisions, and amendments to existing City Zoning Code provisions; and
3
f. Appeal of administrative decisions.
2. Amendments to the Zoning District Maps of the City or rezonings of
properties within the City;
3. Potential Zoning Code enactments assigned to the Board by the City
Council for study to assist the City Manager and City Attorney in preparation of proposed
Ordinances for consideration by the City Council.
4. Other matters of zoning and planning assigned to the Board by the City
Council.
B. The jurisdiction of the Board conferred pursuant to paragraph 1 and 2 of
Section 5.A. above shall not be effective until the City Manager certifies that sufficient City
of Aventura staff has been retained to provide support services for the Board's exercise of
such jurisdiction; however, the Board's authority to make recommendations to the City
Council pursuant to the jurisdiction conferred by paragraphs 3 and 4 of Section 5.A.
above, as to those matters specifically referred to the Board by the City Council for study,
shall commence effective immediately upon adoption of this Ordinance.
Section 6. All members of the Board shall be subject to the Standards of Conduct
for Public Officers and Employees set by Federal, State, County or other applicable law
pursuant to City Charter Section 7.03.
Section 7. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
4
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 8. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin. who moved its
adoption on first reading. The motion was seconded by Councilmember Perlow. and
upon being put to a vote. the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Council member Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
The foregoing Ordinance was offered by Councilmember
, who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 2nd day of July, 1996.
5
PASSED AND ADOPTED on second reading this _ day of
.199_,
ARTHURI.SNYDER,~AYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
6
PROPOSED CITY CHARTER AMENDMENTS
The Council may, by ordinance, propose amendments to this Charter and upon
passage of the initiating ordinance shall submit the proposed amendment to a vote
of the electors at the next general election held within the City or at a special
election called for such purpose.
1. Eliminate Tenn Limits
Section 2.03. Election and tenn of office.
(c) Limits#ons OR Lengths of Service. No person shall serve as Mayor for
more than tv:o consecutive elected teFmS. No pel'€on may sen'e en the Council for
mor-e than WJG consecuti':e terms. No person may serve as a combination of Mayor
and CouncilR'Klmber fer mer-e tRan sigRl consecutive years.
2. Establish Qualifvina Period
Section 2.04. Qualifications.
Candidates for Council member or Mayor shall qualify for election by the filing
of a written notice of candidacy with the Clerk of the City at such time and in such
manner as may be prescribed by ordinance and payment to the City Clerk of the
sum of one hundred dollars ($100.00) as a qualifying fee. A person may not be a
candidate for Council and Mayor in the same election. Only electors of the City who
have resided continuously in the City for at least one year preceding the date of
such filing shall be eligible to hold the office of Councilmember. Only electors of the
City who have resided continuously in the City for at least one year preceding the
date of such filing shall be eligible to hold the office of Mayor.
3. Treat Vacancy Of Mavor Position Same As Councilmember
Section 2.05. Vacancies; forfeiture of office; filling of vacancies.
(c) Filling of vacancies. A vacancy on the Council includina the Mavor position shall
be filled as follows:
(i) If less than six months remain in the unexpired term, the vacancy shall
be filled by the Council.
(ii) If one year or more remains in the unexpired term, the vacancy shall
be filled by a special election to be held not sooner than 30 days or
more than 90 days following the occurrence of the vacancy.
(iii) If six months or more but less than one year remain, the vacancy shall
be filled by the Council as provided for in paragraph (i) of this
subsection (c) unless there is a City, County, State or a national
election scheduled to take place on any date(s) within such period, in
Which case the vacancy shall be filled by special election on the first
such election date.
(iv) If the Mayor's l3osition becomes vacant, the Vise Mayor st-lall complete
the term of Mayor. The vacanGy th\,ls cr-eated OA the CO\,lncil shall be
filled in the manner that the ':acanGy of a Councilmember is generally
filled IJnder this Charter. The COIJAGil shall then appoiAt a new Vice
Mayor.
(v) Vacancies in Northem Area seats (1 and 2) shall be filled by qualified
persons residing in the Northern Area and vacancies in the Southern
Area seats (3 and 4) shall be filled by qualified persons residing in the
Southern Area. Vacancies in At-Large seats (5 and 6) shall be filled
by a qualified elector of the City.
4. Clarify that members of City Boards are appointed bv the City Council and a
subcommittee is made UP of two or more Councilmembers.
Section 3.11. City boards and agencies.
Except as otherwise provided by law, the Council shall establish or terminate
such boards and agencies as it may deem advisable from time to time. The boards
and agencies shall report to the Council. Members of boards and agencies shall be
appointed by the Mayor slJbject to the approval maiority of the Council.
Section 2.02. Mayor and Vice Mayor.
(a) Mayor. The Mayor shall preside at meetings of the Council, be a voting
member of the Council, and may create and appoint sub-committees of the Council
consistina of two or more Councilmembers. The Mayor shall be recognized as head
of City government for all ceremonial purposes and for purposes of military law, for
service of process, execution of duly authorized contracts, deeds and other
documents, and as the City official designated to represent the City in all dealings
with other governmental entities. The Mayor shall annually present a state of the
City message.
5.Provide option to the City to establish its own Fire Department in the Mure if
it so chooses.
Section 7.10. Fire Rescue Services.
The City of .'\ventur-a shall utilize the serviGes of the Metr-o Dade Fir-e ResclJe
Del3sr-tmeAt to pr-ovide fir-e SAd FElSGlle s91'\'ises to the City.
6. Clarify Appointment of Vice Mavor
(b) Vice-Mayor. During the absence or incapacity of the Mayor, the Vice-
Mayor shall have all the powers, authority, duties and responsibilities of the Mayor.
Annuallv A-~t the first Council meeting after each r-egular City elestion, or in any
calendar year in which there is no regular City eleGtioR, at the first Counsil meeting
in the month of November of such year, the Council shall elect one of its members
as Vice-Mayor.
7. Provide that the Council can establish City code of ethics
Section 7.03. Conflicts of interest; ethical standards.
All Councilmembers, officials and employees of the City shall be subject to
the standards of conduct for public officers and employees set by Federal, State,
County or other applicable law. The City Council mav adopt standards of conduct
and code of ethics reauirement that are not inconsistent with Federal. State, County
or other applicable law.
8. Eliminate or clarify that the surety bond relates to financial matters.
Section 3.05. Bond of City Manager.
The City Manager shall fumish a surety bond to be approved by the Council,
and in such amount as the Council may fix, said bond to be conditioned on the
faithful performance of hislher duties. The premium of the bond shall be paid by the
City.
9. Eliminate conflicting language concerning when on takes office.
Section 5.01. Elections.
(a) Electors. Any person who is a resident of the City, has qualified as an
elector of the State and registers to vote in the manner prescribed by law shall be an
elector of the City.
(b) Nonpartisan elections. All elections for the offices of Council member and
Mayor shall be conducted on a nonpartisan basis.
(c) Election dates. A general election shall be held in each even-numbered
year, on the day of the second State primary election, or if none is held in any such
year, on the first Tuesday following the first Monday of October. A run-off election, if
necessary, shall be held in November of each even-numbered year, on the same
day U.S. congressional elections are held, or if none are held in any year, on the
first Tuesday following the first Monday of said month and year.
(d) General election. The ballot for the general election shall contain the
names of all qualified candidates for Mayor if the Mayor's term is expiring and for
each of the three Council seats which are to be filled as a result of three
Councilmembers' terms expiring, and shall instruct electors to cast one vote for
Mayor, if applicable, and one vote for each Council seat, with a maximum of one
vote per candidate. If any candidate for Mayor receives a number of votes greater
than 50% of the total number of ballots cast, such candidate shall be the duly
elected Mayor, and no run-off election for Mayor shall be required. If any
candidate(s) for a Council seat receive(s) a number of votes greater than 50% of the
total number of ballots cast, such candidate(s) shall be duly elected to the Council
and no run-off election for that Council seat(s) shall be required.
(e) Run-off election. The ballot for the run-off election shall contain the names
of the two candidates for Mayor, if applicable, and the names of the two candidates
for each Council seat who received the most votes in the general election. The
ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each
Council seat, with a maximum of one vote per candidate. The candidate for Mayor
receiving the most votes shall be the duly elected Mayor. The candidate for each
Council seat receiving the most votes shall be duly elected to that Council seat.
(f) Special elections. Special elections, when required, shall be scheduled by
the Council at such times and in such manner as shall be consistent with this
Charter.
(g) Single candidates. No election for Mayor or any Council seat shall be
required in any election if there is only one duly qualified candidate for Mayor or for
any Council seat.
(h) Absentee votes. Absentee voting will be permitted as provided by the
laws of the State and under such conditions as may be prescribed by ordinance
from time to time; provided, however, that no ordinance shall limit the right to vote by
absentee ballot available under State law.
(i) Commencement of terms. The term of office of any elected official will
commence seven days following the Gay date of the regular run-off election or
special election at which slhe is elected.
c) Holding other office. No elected City official
shall hold any appointive City office or employment while
in office. No former elected City official shall hold any
compensative appointive City office or employment until
one year after the expiration of his/her term. No City
employee shall hold elective or aooointive office within a
County. School Board or State Agency, However. nothing in
this section shall prohibit a City emoloyee from holdinq
elective office in another munic ioal ity.
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
TO: Eric M. Soroka, City
DATE: November 22, 1996
SUBJECT: Recognition Dinner Progress Report
Pursuant to your previous memorandum regarding planning this event, the following
progress has been made:
· Wednesday, January 22, 1997 has been held at Turnberry for this event.
The staring time has been established for 7:00 p.m.
· The invited guest list needs to be finalized by December 2, 1996.
· The dinner will be a served plated meal, and will cost approximately $50.00 _
$60.00 per person. Menu choices will be forthcoming and need to be
decided upon by December 2, 1996.
In order to proceed with this event, direction in the following areas is needed:
1. Advertising and marketing will be done through condominium presidents,
Recreation and Cultural Arts Advisory Board and press releases. We will need
to have the current lists of the prominent condominium people to directly market
this and other activities through.
2. What type of entertainment, if any, will be offered?
RMS/gf
THE CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM:
Eric M. Soroka, Ci~
Amy Ere@
TO:
DATE:
November 19, 1996
RE:
International Sister Cities Program
I spoke to the membership representative for Sister Cities International and
learned the following about the program:
. an application for membership must be completed and returned with our
annual membership dues of $280.00 (City's with 10,000 - 25,000 residents)
. once this information is received by the membership department, our
application is sent to the affiliation department where the process of finding a
compatible sister city for Aventura begins. This process can take anywhere
from six months to two years
. a letter must be sent, by either you or Mayor Snyder, explaining the City of
Aventura's interest in the program. This letter must include all pertinent
information about Aventura and serves to ensure that an appropriate match
is made abroad. If Aventura wishes to be paired with a particular nation, this,
too, should be specified in the letter
. Sister Cities International goals include:
~ developing partnerships between U.S. towns, cities counties and
states and similar jurisdictions of other nations
~ creating opportunities for all people to experience/explore other
cultures through long term partnerships
~ creating an atmosphere in which economic developmenUtrade can be
explored, implemented and strengthened
~ to open dialogue and address issues ranging from the cultural to the
technical, from the municipal to the medical, from the environmental to
the educational and beyond
~ stimulating environments through which partnerships can creatively
learn, work and solve problems together
~ collaborating with other organizations, both U.S. and abroad, that
share similar visions and goals
I will notify you when I receive the membership information I requested.