02-12-1997 Workshop Agenda
']'Jf'E CITY OJ"
'EXC'ELL'ENC'E
City Council
. Workshop Meeting
February 12,1997
9:30 AM
Executive Conference Room
City of Aventura City Council Workshop Meeting
3.
4.
7.
Aaenda
'.>.... ,-,
Pre$~ntati()n by Aventura Marketing Council
. Noise Ordinance .
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Street Light Fixtures & Bus Bench Design
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FEC Railroad Track Beautific;:rtion Concept Plan
. Quarterly Report/Projects Update
Health Program Seminars (Vice Mayor Berger)
Other Business
Next workshop meeting - February 26,1997 at 9:00 A.M.
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E.W,IL K.O\&(\ci\Ogatc.net
February 6, 1991
To: Eric Soroka
City Manager, City of Aventura
Via Fax 466-8919
From; Elaine Adler, President
Aventura Marketing Council
Dear Eric,
On bebaIf of the Board ofDirectorll of the Aventura Marketing Council.
our Chairman of the Board, Bob Hollander, and myselfwould appreciate
the opportunity to speak to the Avemura City Council workshop on
Wednesday, February 12,1997
We look forward to discussing issues of mutual benefit with the Council
members.
Thank you,
Elaine Adler, President
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Noise Ordinance
Attached please find a copy of the Noise Ordinance, which includes revisions made by
the City Council at the February 4, 1997 meeting. In addition, to response to concerns
expressed by the public at the meeting, I have included a proposal that would provide
for temporary permits for construction activities that would occur at a time prohibited by
the Ordinance. The temporary permits could be revoked based on complaints from
surrounding property owners.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date ofthe adoption ofthe City Charter; and
WHEREAS, this City Council wants to repeal any conflicting provisions of the
County Code pertaining to excessive noise, and establish its own definitions and
prohibitions against excessive noise, as well as enforcement and penalties for violations;
and
WHEREAS, it is protective of the public health, safety and welfare and in the public
interest of the residents of the City for the City Council to regulate excessive noise; and
WHEREAS, nothing in this Ordinance shall impair the enforcement of more
restrictive noise restrictions imposed upon private property pursuant to the provisions of
Restrictive Covenants of Homeowners' Associations and Master Associations or the
provisions of Declarations of Condominium or bylaws, rules or regulations issued
thereunder.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Ordinance No. 97-_
Page 2
Section 1. Prohibition. It shall be unlawful for any person to make, continue or
cause to be made or continued any noise disturbance. For purposes of this Ordinance, the
term "noise disturbance" shall mean any sound in quantities which are or may be potentially
harmful or injurious to human health or welfare, or which unnecessarily interferes with the
enjoyment of life or property, including outdoor recreation, of a reasonable person with
normal sensitivities.
Section 2. Definitions. The following words, terms and phrases when used in
this Ordinance shall have the meaning ascribed to them in this Section, except where the
context clearly indicates a different meaning:
A. Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle
or similar stationary emergency signaling device.
B. Construction. Any site preparation, assembly, erection, substantial repair,
alteration, demolition or similar action, of pUblic or private rights-of-way,
structures, utilities or similar property.
C. Emeraencv. Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention.
D. Holidavs. In addition to Sundays, those days declared by the laws of the State to
be legal holidays, including New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
E. Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by
mechanical power, gas or diesel, and used on the public roads and highways in
the transportation of people or property.
F. Motorboat. Any vessel which is propelled or powered by machinery and which is
used or capable of being used as a means of transportation on water.
G. Plainlv Audible. Refers to noise which is unreasonably loud, raucous or jarring.
Section 3. Specifically Prohibited Acts. The following acts are declared to
constitute a violation of this Ordinance:
A. Excessive Noise. Any noise which is of such character, intensity or duration that
it constitutes a noise disturbance.
B. Homs. Sianalina Devices. etc. The sounding of any hom or signaling device on
2
Ordinance No. 97-_
Page 3
any Motor Vehicle or Motorboat on any street or place in the City, except as a
danger waming; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of any such device for any
unnecessary and unreasonable period of time.
C. Radios, Televisions. Phonoqraphs. Musical Instruments. etc. The using,
operating, playing, or permitting to be played, used or operated any radio,
television, phonograph, musical instrument, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants, or at any time with louder volume
than is necessary for convenient hearing for the person or persons who are in
the room, Motor Vehicle, Motorboat or area in which such machine or device is
operated and who are voluntary listeners thereto. The operation of any such
radio, television, phonograph, musical instrument or other machine or device
between the hours of 11 :00 p.rn. and 7:00 a.m. on weekdays and 12:00 a.rn. and
8:00 a.m. on weekends and Holidays in such a manner as to be Plainly Audible
at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat
in which it is located shall be prima facie evidence of a violation of this
Ordinance.
D. Animals, Birds. etc. The owning, possessing or harboring of any animal or bird
which causes, between the hours of 11 :00 p.rn. and 7:00 a.m., frequent or
continued noise which is Plainly Audible at a distance of 100 feet from the
building or structure in which the animal or bird is located.
E. Exhausts. The discharge into the open air of the exhaust of any engine,
stationary intemal combustion engine, Motor Vehicle or Motorboat engine,
except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
F. Construction. The conducting of Construction on the exterior or outside of
any structure or upon any open structure or the creation of a noise disturbance in
connection with the conducting of construction within the interior of an enclosed
structure between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 5:00
p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and Holidays,
except for Emergency work. Notwithstanding the foregoing, the creation of a
loud or excessive noise in connection with the use and operation of heavy
equipment for earth moving and compacting, concrete demolition or pile driving
is prohibited at any time on Saturdays and Sundays. If Emergency work is to be
performed, the owner of the property upon which such Emergency work is to be
performed or the property owner's authorized representative shall notify the City
3
Ordinance No. 97-_
Page 4
Manager's Office prior to the commencement of such Emergency work
G. Firearms or Explosives. The use or firing of any explosives, firearms or similar
devices, except in an Emergency, or using or firing firecrackers, skyrockets or
the like without the prior approval of the City Manager.
H. Loudsoeaker or Sound Amplifier. The using or operating of any loudspeaker,
loudspeaker system, sound amplifier or other similar device between the hours
of 11:00 p.rn. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on
weekends and Holidays, such that the sound therefrom is Plainly Audible at a
distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in
which it is located; provided, however, that this shall not apply to any public
performance, gathering or parade for which a permit has been obtained from the
City Manager pursuant to Section 4 of this Ordinance.
I. Loadina or Unloadina. The creation of a noise disturbance in connection with
the loading, unloading, opening, closing or other handling of boxes, crates,
containers, refuse cans or other objects between the hours of 7:00 p.m. and 7:00
a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays.
J. Commercial Maintenance Eauipment. The use of commercial maintenance
equipment which creates a noise disturbance in connection with the operation of
said equipment within 100 feet of any residential area between 7:00 p.m. and
7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and Holidays.
K. Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or
Motorboat so out of repair, so loaded or in such a manner as to create loud or
unnecessary grating, grinding, rattling or other noise.
L. HawkersJPeddlers. The shouting and crying of peddlers, hawkers, and vendors
which disturbs the peace and quiet of the neighborhood.
M. Schools. Courts. Hospitals. Places of Reliaious Worship. The creation of a
noise disturbance on any street or place adjacent to any school, court, hospital
or place of religious worship, while the same are in use, which unreasonably
interferes with the operation of such institution or which disturbs or unduly
annoys the persons within such institutions.
N. Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving
airplane or any other kind of aircraft, over any part of the City, for advertising or
other purposes.
4
Ordinance No. 97-_
Page 5
O. Doen Air Concerts. Musical Broadcasts, etc. The playing, broadcasting or
transmitting of music in such a manner as would reasonably be calculated to
attract a crowd or cause persons to congregate in or on any open space, lot,
yard, park, sidewalk or street, or to permit the same to occur on or from any
property owned, leased or occupied by said person(s) without first having
obtained a permit to do so as provided in Section 4 of this Ordinance; except no
permit shall be required of any person(s) in order to engage in such activity
within the residential property wherein such person(s) resides.
SectiQO 4.. Permits for Special Events. Upon written application to the City
Manager or his or her designee submitted a minimum of ten days prior to an event at which
noise levels are expected to violate this Ordinance, the prohibitions or hour restrictions
contained herein may be modified subject to such conditions as the City Manager may
impose. The decision of the City Manager shall be final and not subject to appeal, except
by writ of certiorari in accordance with law.
A. Permit Application Information. The application for a permit under this
Section shall contain the following information:
1. The name, date of birth, address and telephone number of the person who will
be in charge of the activity or event for which a permit is requested;
2. The name of the person or entity seeking the permit;
3. The exact date and time for which the permit is sought;
4. The exact location of the activity or event for which a permit is requested; and
5. A description of the activity or event for which a permit is requested.
B. Permit Contents. Time Restrictions. Permits issued under this Section shall
specify the date and time during which the activity or event authorized by permit
may be conducted. No permit shall be issued which encompasses more than
one calendar day, or a span of hours in excess of eight hours; nor shall the
requested activity or event commence or continue beyond the hour of 11 :00 p.m.
in any case.
C. ~ures for Administrative Permits. The City Manager is hereby authorized
to promulgate reasonable rules and procedures for the application, issuance and
revocatton of such permits.
5
Ordinance No. 97-_
Page 6
D. Criteria for Permit Issuance: Postina of Bond. Issuance of a permit under this
Section shall be based on a determination by the City Manager or his or her
designee that the activity or event for which a permit is requested does not
constitute a threat to public safety; constitute a danger or impediment to the
normal flow of traffic; or constitute a potential disturbance of the peace and quiet
of persons outside the premises where the activity or event is located. The City
Manager or his or her designee may require that a bond be posted in an amount
sufficient to secure the costs of cleanup, repair or replacement of damage or
destruction of property and shall be subject to forfeiture for purposes of paying
any such costs.
E. Person Desianated As Beine In Charee To Be Present. The person designated
in the permit application required in this Section as being the person in charge of
the activity or event for which the permit is sought must remain at the location of
said activity or event during the entire time stated in the permit. It shall be
unlawful and a violation of this Section for said designated person in charge to
fail to remain in attendance at the location of the activity or event authorized by
the permit for the entire time specified in the permit.
Section 5. Exemotions. The terms and prohibitions of this Ordinance shall not
be applied to or enforced against:
A. Any Motor Vehicle, Motorboat or other vehicle of the City, the County, the State
or licensed public utility vehicle within the City while engaged in necessary public
business.
B. Excavation or repairs of bridges, streets, highways, street lights or utilities, by or
on behalf of the City, the County, or the State, or performance of such work
during the night if the public welfare and convenience renders it impossible to
perform such work during the day.
C. A reasonable use of amplifiers or loudspeakers in the course of public addresses
or gatherings which are non-commercial in character; noise generated in the
course of a special activity or event which has obtained a permit pursuant to
Section 4 of this Ordinance; noise generated for the purpose of alerting persons
to the existence of an Emergency or noise generated in the performance of
Emergency work.
Section 6. Enforcement. This Ordinance shall be enforced by the City
Community Development Department and Police Department or any other official of the
6
Ordinance No. 97-_
Page 7
City authorized to enforce this Ordinance
Section 7. Penalties. A City Police Officer or Code Enforcement Officer
("Officer") who finds a violation of this Ordinance shall issue a citation to the violator
requiring immediate correction of the violation, and shall impose a fine in the amount of
$150.00 for which the violator shall be liable. If the violation is not corrected immediately
within the time specified bv the person issuinQ the citation. after takina into consideration
the nature and type of noise involved. by the violator after issuance of the citation, the
Officer shall issue a second citation and shall impose an additional fine in the amount of
$350.00. In the event that the violation continues after issuance of the second citation to
the violator, the violation shall constitute a public nuisance and may subject the violator to
arrest pursuant to State law.
Section 8. Repeal of ConflictinQ Provisions. That any conflicting provisions,
ordinances or resolutions of the County Code, including Section 21-38 thereof, as made
applicable to the City by Section 8.03 of the City Charter, are hereby repealed in their
entirety.
Section 9. 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.
Section 10. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 11. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Council member
Holzberg, and upon being put to a vote, the vote was as follows:
7
Ordinance No. 97-_
Page 8
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Council member Harry Holzberg
Council member Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
absent
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
and upon being put to a vote, the vote was as
follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember 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 17th day of December, 1996.
PASSED AND ADOPTED on second reading this _day of February, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
8
F. Construction. The conducting of Construction on the exterior
or outside of any structure or upon any open structure or the
creation of a noise disturbance in connection with the
conducting of construction within the interior of an enclosed
structure between the hours of 6:00 p m. and 7:00 a.m. on
weekdays and 5:00 p.m. and 8:00 a.m. on Saturdays and at
any time on Sundays and Holidays, except for Emergency
work. Notwithstanding the foregoing, the creation of a loud
or excessive noise in connection with the use and operation
of heavy equipment for earth moving and compacting,
concrete demolition or pile driving is prohibited at any time
on Saturdays and Sundays. The City Manaoer may orant a
temporary permit for construction activities conducted at a
time prohibited bv this section in order to expedite the
completion of construction activities. provided it does not
endanoer the health. safety or welfare of the community. The
City Manaoer may revoke the temporary permit based on
complaints from surroundino property owners or the
endanoerment of the health. safety or welfare of the
community. If Emergency work is to be performed, the owner
of the property upon which such Emergency work is to be
performed or the property owners authorized representative
shall notify the City Managers Office prior to the
commencement of such Emergency work
3
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, Ci
DATE: January 30,1997
TO: City Council
SUBJECT: Noise Ordinance
1st Reading December 17,1996 City Council Meeting Agenda Item 6-0
2nd Reading January 7,1997 City Council Meeting Agenda Item (Continued)
2nd Reading February 4,1997 City Council Meeting Agenda Item 1-"8
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance regulating
excessive noise to protect our residents. This Ordinance was prepared to respond to
several situations that have occurred in the City that have been brought to our attention.
Due to a recent court case, the City Attomey's office has revised the Ordinance by
adding a definition of .plainly audible" as Section 2 G. In addition, I have enclosed
comments we have received regarding the Ordinance. ,:
BACKGROUND
The Ordinance declares the following acts to be in violation of the Ordinance:
1. Excessive noise;
2. Horns, signaling devices, etc.;
3. Radios, televisions, musical instruments, etc.;
4. Animals, birds, etc., between the hours of 11 :00 p.m. and 7:00 a.m.;
5. Exhausts;
6. Construction between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and
5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
holidays;
7. Firearms or explosives;
8. LOUdspeakers or sound amplifiers between the hours of 11 :00 p.m. and 7:00
a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and holidays;
Memo to City Council
Page 2
9. Loading and unloading between the hours of 7:00 p.m. and 7:00 a.m. on
weekdays and 7:00 p.m. and 8:00 a.m. on weekends and holidays;
10. Commercial maintenance equipment within 100 feet of any residential area
between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m.
weekends and holidays;
The Ordinance provides for a permit process for special events that are expected to
have noise levels which exceed the Ordinance. The Ordinance provides for
enforcement by the Community Development Department and the Police Department
and establishes a fine system.
The Ordinance was developed based on a review of similar ordinances from North
Miami Beach, Bal Harbour, Coral Gables and Key Biscayne.
If you have any questions, please feel free to contact me.
EMS/aca
CC0219-97
I
.
$1.~ L. Wceldy 1)l234
DISTRICT COURTS OF APPEAL
..,
~
QllIIIIeI waslncffeclivc for allOW:~~ biuecl member oftb4 veni.
n: 10 saw on a jwy su,sesu .. . Ct>CY of perfoml2ll<:e satlI-
cieDt to require either .. conclwive xebutul bY lIIe m:ord or on
evidClltiuy 1wlriDg. Brown v. Stal~, 654 So. 2d 272 (FIlL 1st
DCA 1995); Gibbsv. SloJe, 604 So. 2dS44(Aa.1SlDCA 1992).
The trial COUlt ""''''''4 .. copy of tb4 CDtUt: YOir dire. which
conclusively rd\lres Ihc appeIlant'sll1ggeStion of buplO1lCf bias
lJIlOug !he thmo specified jurors, ID faet, !he RCQrd co1lIblishcs
that defCIISC c:ouusel did. suiIce other mnJ'Mr$ of \he vcr~ who
exhibited an unacceptable bias. HaYiD& failed to establish a cleaI,
substlIDIia1 dcficieucy In counsd.'s pcnoauauce lIIld prejudice to
his CISC, Ihc appc1lam's first groim4 fur relief was properly
clcnied. Srric:klIIlrd v. Washington. 466 U.S. 668, 1M S. Ct.
2OS2, SOL. Ed. 2d 674 (1984).
'"'" ...-11_.....,.,.....;..-1 for balIcry on alaw eafotcemeIIl.
iuei......' Illhc prison whcno the
IlM. ID Groau4 Two. die aooel-
CCII iaeffeclive fur fail~ ui 1m-
's chiefwlml:&s. ThisteSlIDlOI\Y is
th die testimouy of Ihc bIlIcred
at If COUDSCl had cba1lenged Ihc
ness, a qucstiDD wcm1d bavc bceD
ly to recognize mil idenlify his
od .. rcasoilable probability thaI
~ outcOIlle. We must bb: these
be ~ record does not COll-
I. SUIte, 484 So. 2d 1239, 12.41
JIll that Groau4Two is I".....&...
in becIl raised on dinlct ap(lC,&l.
Si1'Id 11. StlIte. 469 So. 2d 119,
B U.S. 10!OJ 106 S. Ct.3308,!l2
I. StlJte, Cl~ So. 2d 268 (FIa. 2d
ally su1fi~I_. where it alleged
ailure UI Impeaeb w\tuessc$ who
1lS).1heS\lpJ:aDeCotirtofFlori-
:d on StridJJurd v. WQS/dntID1l,
-r.... _ _. _ __mdfecIiVe l$SIstanceofcoDllSd:
Filsr, a ....;m.M 1IIDSt~ ~ actS or n_'_. ofthc
lawyer thatatc shown 10 be outSIde lhe broad~ ofreasoaably
compelietltpertbraW2ce lI1Iderpt'C'ft1\lDc profCSSlO""'lWIdardS.
SecOod, die cI=, substaDlW i1e~ sbowII_ ftlnberbe
de_1ll41O have 10 aIfceIed !be &imess aDd thc rcIIabllitY
of tbe proc:eed'"lQI: dial colllldePce In !be Ol1lCOl1lC Is .................. .
1Cetuw4Y v. Srtzt~, 541 So. 2cI912, 913-14 (FIa. 1989). Although
uuardilIly swcd, Ihc appc!Iam's pl'''V''-s ill GlO1IIIl1 Two nIic
=:~~J:=::=~~;;;I'R~;~
.~ hearing.McC4U 11. StiIU., 224 So. 2cI370'111 (FIa.
4th))CA 1969). . . .
Ac:amIlnIlY. we AFFIRM die denial of RIief as 10 Groau4
OPe IIDlI REVERSE AND REMAND as to Gmand Two for
. ~_ ofportions of tbe record or for III evidcllliuy hear-
D'&,(ALLBiIiod.LAWBENCE,JJ;,CONCUR.)' .
. . .
ec--u.. OJ"Ilns"cr- NoIse toaIral FIN t\oD. of onIiaaaee
prohlbltiDc ~ ~ bouI1I DOIse which Is ''plalaIy
iIvc1ibJe" .....- '" v.... ttbclalidUfos or 1h.0lICh putillmd, or,
}J1- of pabllc spaCOlOr tIlOIOrII--... DOIse wlifcIlls p11liaIy
~ widiIa I\flJ feet froIIl WIca prd--.... 1M IUIIe II_
(1m 1'....ror.1f)''bpeaDdGOc.dlrod .
: ~ WAY OF LEE couNTY, lIle.. . f1arida ceqlOftl\on dIbIt CLtlB
NO\lVEA.U AFJ1!Il. DAIlIC: LUIS c. CATANtA: 1IIlI_ II... SAIlDI!ItS.
~_ .. LEE COVNTY.. paUdoal-.uloa oldle _ olf\orida;
UdlOUOAU.. duly _ SIIedIf ol IM Coanr;r. FIodda; IIIlI JO..
SElB D'AIJ!SSANDIO. duly _ Suo ADonIoJ .... dle 1'waIlab J"-I-
ciII Cia:okol.... _atFlorlclo. o\ppe/Joer. 2IIlI EJ&tricL ca.lI'o.~.
IlPbdoIlIiedMu 14. 1996. Appeai'tnna the Cltc:uil: Oauft for 1M C<IoIoIr, R.
'llaDKePact.Juilce. CaonIseI: SIcYcn Canaat~ -. 5avaF"
eo... FcmM,.... ror,.\ppeIbaIL lm*Yaqa'. CoIIIII)' ,,-.1Ild Tholl>-
u E. Speocer. -..;ta CaaalJ.\IIlldlOY. IlL M,.... ror AIlPcIIccs Lee
C1nmty lIlld J...... D...O'-....... ~ W. SuI<\Ila of FoWler. -.
Gill.... Ilol15. VaII....11Jld Bantu. I'.A.. TaJIobassce. for ^pp<U.. Joh. J.
Mc.Doulj'all.
(CAMPBElL. ActiI1g Chief Iud",.) AppdlJnts. EasT ~ of
Lee CouDly. Jne., doiDg busIDess as Qub N"""""" Al!crJiid:..
LulsC. CatmiaauclMukA. SaDdea,cba1lCIIgeafillaf r
jud~ upholdill~ lhe facial eonstimtioDalIt of lie Ctlmy
NOISe Control Ordiluma:, chapter 241/4. Lee Couuty CtlC. IS
amended by Lee CowI1y OldiJwlce 94-17. We find a pamI10f
tho( orclillancc ro be ~y u....biolli aDd. ~ 2S
we wUI explain. The 1""".."".... of !he ordina1lCe Is ....~ 10
be a semable mil valldc=cise ofpolil:e powuby Li:ClIISy.
AccordiDgIy. we reverse in part aDd affirm. In part. .
That portion of Ihc Lee CowI1y Noise CoQIm1 o.~
which is !he subjecl oflhls appc2lls contalnccl wllbin die z:lODli-
ment ena<:lud by 0rtIIumce 94-17, au4 provides .. f~
SECTlONTWO:
C.~Probib~
....
3. Radios, Ielevisiou 1CfS. exterior loudspcalterS mil si!IIar
deYices.
In die case of any radio recciviag set, IIIUSicalI
\dlovisior!, phoJlllgtRph, dtum. emrior ""~~' lrCllll::'dc-
vice for thc prodllci>nJt ot IqIlOddction -m,i It JIIIlllc
UlIIawM CO ~orpctmhlO be marcd.anyJlOisedi=e=eds:
L 60 dBA duriag a botIrs bcwieen 10 Lm. to 10p.Jr..:tocn
the properly IiIIe ofa JIOise so=e. :
b. 55 dBA dur\uf: \he hoan between 10 p.Jll, ..i ~2.JIL
from lhe t'fOPCRY Iiae ofa IIOiIe soaree. :
~.ah<< or pctIIIitrjJII die use or opcn1ion O! ~'::adIo
IdY\Dg ~ IimsicaI ID.t<lIlIICll[, ~ -j ..;...
dtwn, Cltferior """'",-, orocbel'deviee for!bel"~ar
~ ofSOUudIn such allllllltller as III cause IIIlisoJlsalr-
bIilo:e 10 as 10 disturb !be peace, quiet and comfon ofdl:z:i8b-
borhoodaJlll vicIDity IItmOf. opmuin, tJity sudade1*2Jo!aa1l
1M It/lun oJ 12:011L1ft. IIJI4 the IllUowfllllO:OO G.IIL D:.adt a
/flItII1IUtu to H 11fDbrloI tIIIlIibk tIt:1O$J ptopDly f.. . . . or .
/hrrJugh~ctRIIIIPllDtwo (2}paititi'rlllthl1latJrd1ibrgor .
PlDbtl1 irIrIBbklJtJilt1 (SOJfurj'lom iadI dnice vlrmf!Jlrtlllll
ioitIWi tzpllb/k sptta orwidUn41f1t1tor6oat.
4. FOI' purJHJRS o.f subualtRa J 4bove. the IDa "'JitIW1
1fIltIibk"' sIuIll_ltIf1lOU1l4prodllced. bt~__pm-
duutl ", tz porriibk $fJIIIIIlmttlinr devlt:e rIttJt ('IJlI be :!Iitrf]
MttnI", 4~'" ldsorherNmtltzlhsDfJrg;~ ilia
dis/JJJIt:e tl/JiIt1 (SOJ/mor-from 1M $tIUIU.:~ 1trr ttJ-
fo.-.-l~""dduIl wIJo ltetu:rtz__ rIttJt fs2iit/1Il1
trIIIIibk, tu~lIudn.lbtJJl1u CIItiIlId ID -. : ~,.:. '
tICCtI1tIlIII to iitefolltlwblr ItmrIImdr. .:
. L 77Ie pr1mtzty _ of4euaiott rIIall H u,:~oflM
complaiMnt's tmlbrIlr1 t11MIitor1 _, so itJeI 1& tbdr
1wuiJI, is JtDto:=:':I.1tIf1 medumiazf deofu, .:.tII4
~complaiMnt IIIII1lluzve (I tIInd fini of ~'(IJId
MmfJIg 10 the _ protIud1rg 1M SDtIIIIl $0 IhtJt lieIII'.
CtlII Rt1dJly i4sIIfh 1M ojfMlUt, __ -' 1M ~ iII-
~.. . :
c:.7JIe~lJUtltItJtUtmrdMIM~
or pIuasu belA, prot/tIud or 1M I/IDM 1..;:z.~ tr.tIItiSl
~' 1M smm4. 77Ie dePaitNI oftz .....~.u.
r,pe IDfI1I4 is IfdI/de1IlID ~ aplilbllJlIII1ible
1DfI1I4.
(J';:";' mppIied.) . .
e fix:us ~y' CIIl the empIwI2Jld :. rtf \he
........w llIiIiDlIIa (Cbc last dmse of seclioJl ~ iA .of
SCClion C(4)) IIIlI appeIlaaIs' m,n~.past dIl: fldal-d/lli1y
of that porliCIIl as mcmdy btoad-mmon ~-:.'i\Il ~r
be Ipeecb ptovIded for mil pmmc:ted by the F'usr.. Fmi ....
F~ ...-......,..s to lhe CoJIstitut\on ofthe'UDia::fsw...
IIIlIsec:tioDs4aml9oflltlicleloflbeFlorldaO ----. .
This appeal arises from \he fiDaI .1\UIIIII8tY ~ III :r.
declawory Il:tion filed by appeIIanls sc:ckiD& . .._ir.mOD ~
10 whether theC:ODtested ordinlm<:e was focially InvaIIcl cr.:avoIiC
,
....,,,",.T"
DISTIlICT COURTS'OF APPEAL
t
; ,;. imoJ;..d 10 appeUams. ~ facW'nIidiIy of !becmlillal= Is !be
sole/isuc~001l1ls1llllCll. ' '
AppeI1IIIl Club NCMIWaIIT. aD o.flt:r hourS boIIJe club lodl.ed
",Ibe OI1llli Ccmer. a ~ s/wppiDg _ allja<:cm to
SouIh U.S. 41 inLceCoullty.,~CCDIa"I_ 'pace to at 1east
ICVaIICeI1 c:oJDIIlC!CiaI busiDesse&, lWdve of which are opeD for
busiDess for all or & portion of the regulated time perloc1 of 12:01
a.m. 10 10:00 a.m.
~ CawdaaDd SODders wae maaag= of Club NOll-
__ '1b6 club hiRa .... iDdepeIlhm DJ who plays pre~
IllllSic. No extetIIaIloudsp"""'''''' are used. on 1u1y '1:1, 1994 aud
July 31, 1994, lhe Sheriff IsSlled a cIlalioo 10 '!lPd1allls Carmia
ID4l SaDders for' alleged violaliOllS oflhe aIJove.qiIoled. sectiOll of
lheorHft........ Tbc c:iwion duIrged. dWappdlaDl$l1ad openr.ed. a
l\eVll:ebe1.wccl112:01 a.m.1IId 10:00 Lm., iIlsuc:b. alllllllllcr as
lOb$pl.mlyawlib1catfiftyfeettioll1sudulmce. " '
_ "When die officer first arrived at tile scene, he altered the club
\ ID4l requcstedoppellant Calallia to aa:ompaDY him outside lD a
poiDlfi1'ty r- from the fnmt clooroflbe dub. CaIaIliacomplilld
aad coul4 not hear my SOUDd; but wlS ciIed for,1IIIISic which
could b$ beard fifty feet fioDl die tiOIIt door. AI 110 time 4i4 tile
officer display a decibel meter or ld1 Calania dw !be music
cr-''''' my specific cIecIbe1 \t;Yd. Siml1ar procedures aad
CftDIS took: p\lce at the time of the subseqUear clIalioas. Infor-
III3IioaI _laIer fIle4 apiIIst JPrP'1...." SIIldas aDd Calania
00 lbe basis oftbosecitaliOllJ.
AI. !be time !be fust i:italion was issIIecl., lhe club _ wamed.
by die Sbcdft'that uuIcss It tumcd cIoWIl lis IIIIISic to c:omplywith
the fifly-fvot RSlric:IIDn, further ciIaIIoas wouI4 be ls&ue4. 'Ibe
dub c:omp1ia:l, IllSUldDg In . kiss of ma.-c, Tbe dub abo
....-1pl""fiM lis iDIcrior waI1s aad aaadt: pcriD4ic IOWId cba:b
fmm a fifty.foot n4ins. DesplIA tbose '''-1'''' to c:omply with
lheoNiP-..... at least two _-. 'MR1&sae41O employ-
ees of the club atcerdle lrial counc1cclaratoly ICIiOD F""""";I\gl'
'MR' .-.............. TbosecrimiDal Pl........4i4p raaalnpllllllillc.
'IIu: estIbIisbed business holus of Cub N01IWIlI are from
1:30 LDL lD 6:30 LDL. 'Ib1mday lhlvuch Moaday. one club Is
JocaIe4~ 1ifl:y-dghtfcetfluma ~I.I_
1IIty, COIIIIIIQII\y k:Down as "TIJc Forest." '1b6 ;t61ld IllllSic
p1aye4 by the dub ;........Ii_J,y czea4 p1Ob1c:Dls Ibae a-
cIcaIial aei&hbon. 101m. BuIIanl aIIIeSlal that be mIde4:z00.300
feel &9nl!J fmm. !be club IIIIl dW ilia r-MCV" was catabUslwl
~ lWdve ycaa prior to !be acabll.h- of die
dub. Bu1Id stated b& coul4 hear !be dub'.1IIIISie d1JrlDg opec-
IliDg hand, IlD4 that be coaId zqu1ar\)' Ju:ar & bass boom beat
which~Yibnll:sthcpD1owlnhisbedmom.
Other taIdmIs of '1b6 Fcnest ba4 similar c:ompIaints. John
Mona, thcpast pIl:IldeDl oCThe Forest P.~ Ovmer's AJso-
claIiaa, aacste41ha1 ~ receive4 P'V""'"" compbinU from prop-
ertycnmen~lnltlOlsdllDldleclub. '
In Idd1t:ssiD& die CODStiwrinn>lity of lhe onllnaDce, we mess
the fact that tills appeII focuscaOllly 00 lhe provisiolIs of lheordi-
_ -.phHl-' Ibove. We do tIlJl addIt:ss wbedJl:r lhe com-
t~ oftbe 1II,j- nsldalUClII1 bear me 11".. prOpU\y ad-
tmder rhat ponIoo of thc cmIiDaDce we find ID-be ValId
IIId wb1ch probibits "[olJlClllllnl or pcmIiuiDg the use of my
radio xeoelYlD& let, IIIIISic:al it..1>,wuaIl, IeIeYisIon, ~
4ruD, meriorload~"~. or Olberclevk:efot tbe~~or
,~_""of__lnsucl1._llSlO_-4ilmr-
1ImCe so lIS ID dIsaub the peIIlll, qui<< aad .......rorr of !be ueI&h-
bodloochll4 viclaI1y thereof: . . . ."
The UaI1ed swes SuprcDlC Cotut has c:oasIdere4!be permIs-
I sible sc:ope of ~'s efforts 10 plOCa:l citizaIs from diI-
IIIIbID& or dIIlDctIng sotIIIIls IS dtoIe dforts =- III the ''pIe-
1mecI- position of fteedoIII of sped." see St4II y, hopk qJ
SlDUoJNew fort, 334 U.s. ssa. 68 5. Ct. 1148. 92L. Ed. 1S74
(194ll);Ko\IIJcsy. Cooper, 336U.5. 77, 69S. CL448, 93 L. Ed.
S13, m'g tImW. 336 U.S. 921, 69 5. CL 638. 93 L. Ed. 1083
(\949).
J
(
f
,
'"
IS
Sf
I'-
U
he
of
Ity
,of
lilt
IIllS
a1id
TTn I'm
,J'l':fU VTrnlo:lC C:T':fU
n Ita. L. w~ D1235
, i
, InLalfollfv.SlaIe, 652So.2d 12S4(Fla.2dDCA 1995) this
eouttc:oasicl..ed a "begging" ordia3oec of !be CitY of sL Pe-
rersbwz as It IdaIM to fRe spcc:ch rigbls. Ill. bo\4big Ihe "beg-
ging" cmIiIIm::e ill LedfrmI UlIl:OIIStinttioaally ......b.o.d aDd
vague, we applilld a striclla1llilly .taDdardas followi:
In Ibe prcsea1 case, sin<>: die otOUWICe restricts sjleecIl Olllbe
"pubDc ways." a IOdIlIotIa1 public Conim. the RgIIIa1ioll is
subject III IIIIllOSlO ac:mJiAy. Such nguIalious atniYF oat)' if: (1)
Ibey are oarrowly cIzaWJ1 III ldJ.ieve a COIilpel6J!g,.,...,...,enuI
iu=eSt; lZ) tbc reg..I........ arc reasotIIble;'aad (3) Ibc vi_inL
is peuttaL, " , , ' ,',
In II1Ibjecdq the cmIiDaDce iii strict lClIitiny. iwe IIotd dial
oection 20-79 oftl& City of SL PclcCbura: Code is 1I1Il:01IOtirll-
tioaaIIy overbroad ODd iufiia8es 011 Le4fotd'. free~ ripIs
in a IIWIIICI' mono ialr1qi\<e Iban is ~O:Y' We aubr- Ibc
holdillg in CCl/ IbIr lite aim of prolICtIiIg c:ilizcm' fnxu -
aucc is !lOt & "compelliDg" reasoIIlD reslrict sp<<ch'1D ::di.
liooaUy public forum. Ste CCB, 458 So.2d at SO. A1lbough
sccdoII20-7lI does DOt ban bcainll ill aD public ptM:es, Ibc Oldi.
_ is overbroad; it doesllOt distilIguiab ~ "aggres-
sive" IIIld "passi.we" begiug. ftot1l>eallo<< IeC;\ioIl 20-79 is
yap. To wilIIslaad a _n""", filf ~ /III ~
_provide .d.'l'.....1IlIIicc to persotIIofCOlltilloi1 ,QIII""IaIId-
iDJ ~the behavior..Mho",""", IIIld die ~ i=u1
RQUire4: tl'llllllK proYide "ciii;;;:~ica ~-;;d eouns
a1ike wbh I\dIicleIIl guiV'w.. to preYCIIl ubitI:uy etdilIce-
mcot." 011 D/S4Dt1k P. lVebJter. 115 Wub..2d 635,645,802
P.2d 1333, 1339 (Wasb.I990), ccn.. denied, 500 u.s. !lOS, 111
S.Ct. lli9O,1l4L.E4.2d8S(l991).1beordiJloDl:ClIlIlIcrrmew
doeS IlOt cIeftpe lite _ ''be&'' or ''beuIaI:,'' Doc fills int=r
eIpRIIC'L CD.......-'Y. ~ daaaer oCidiiuary ea1inceII!eDt
--
6S2 So. 2d 12S4 all2S6.
S"tmi\ady. In the case 1Ict'ln us. die Lee CoItlII)' cmIiJlatlcc
docsllOlclefiDellscruclallaJllS ''plalll1y IIIIlfible" SOUIO secure
agaiDallbllnry...4o<<cmc:aL , _ _____
IDRavG Y. Uc01Im, 631 F. 2d377 (Sther, 1~'g
dmied, 638 P. 2d 762. (Slh Or. 1981), !be court ba4 oa:asiolllO
COIISIttIIl . BOIISIOD sotIDll M' .. nt CIlItiItIII= iD.1icJIt of $cria
IIIIlKowza.1heReewscourtsuuckdownasllll ~ ,;,"lftual1.y
".~ thefi111DwiD8 .-;.... oflheBOl1SIOIt OI"'n"""'" '
(1) 1be ~ of S01IIId aDlplifyiDg equipmellt Is prohil!!l'
ed MoudaJ ~ wiIIliA!be dowDIo- busiDcss dis-
rrit.:L A pamlt _ be obIaIDecl fllr tile op-"'.w. of sucb eqDp-
_ ill CbeIe _ 011 Suadoys. Any such StIIIdiY peauit shall
_lite ....-disrril:llDwblchsame appIicsaDclobaDbevm4
tor oaly 0Dll dq. Eadl,eparalll Stmday _lIaye a ~
permit. 'Provided, 110_. !bat lite pawisillas'of dIis -...
~=~IIIparade pcaaiIs wblchhavebcCl!obtaiDId from
(2) 1be opcnJioIl of I01IIId. atlI(llit'YlDg ~ II (llObibh-
e4 bctMCII iIIe bouI1 of 7:00 p.m. - aaiI 1. i.... dilly, IIIld
&uIbor ptobibWOIISuaday belweeD 10:00 a.m, aDd l:OOp.m.
cs,' n... operatiou of S01IIId atnDlifyjag ~ Is pro/1lbil-
e4 w"tdIit1 0Dll llwIdn4 (100) yirdi of IIIJ bMpital, tcbooI.
Cmrdr.or ClIlIrIIIouse. '..
631F.2dal.~80. ' '
III cIoiDi 10. !be Reews couit gpIaIDe4lls IitIIllWd of mIew
torowrlJdad1hlllld ~"6- _follows:
2. O....wb. .....
U. aI. Ibe expalSl' of Fant 10..... I .-41li.,.doms, a_
ROCbes morelicoad1y IbaD Is vo-ch\)' M.r---y to pIOlCCt
,~.._;pr..- ac:olltuuytbdiidlts~ fl'V'" But
Ihe SuJ1nlIIe Court bu : ,..,' oae4 !bat ...."...liO" of - taw>
liIr tidal ".w'Illadth is a t-'I !bat sbo\II4 be oppIled "spar-
iIWY 1114 olI\y as a last teIOIt." BTlNltl1kk, 413, U~ ~ 613, 93
s.l:i aI. 291li. =' M wi1111be1 a }"~.1SIll1l of the
Houstotl onIiIIaIa ....w..1 oaly if & liiaiIiaI-"""
DoU COlIicI. DOl readily be placed 011 ~ eba11eul:ed secdon.
oe:~T 'R/Q';rtTO
:1 -. 1.. ~edd7 D1%36
DISTRICT COURTS OF APPEAL
'~r;'.
~
I
<
rt-brrndd ~.I!/iSUT. 3llO u.s. 479. 491. 8S S.Ct. 1116, 1123,
14 L.Ed.2d 22 (1965), and if the ""..1>., ,~... of lhe c:baIIellged
~II is bodI Ra1 and subsWIIIaL Broa4rick. 413 U.S. .,
615,93 S.Ct. at2918.
3. VlpeneSS .
Several provisioDs ofm~"'I (b) were also cIIallen&td IIIc!
ilIYaIIcIaIed for vapedCSS dlIdcr die due process cbusc oJ thc
~Ih AIIl"'....-lII- 'Ihe IradilioIW siandard of uneoasdiu-
doual vapeP"SS is wbelhertlle tel1llS of a IWI1te IR so illdefiNre
thar "men of COJlllllOD inrelU~ IIIIISt IIeCe$SariIy guess at lIS
JP"...i'1lr and difrcr IS to lIS oppUcaDon." Comullly ~. Gtnmd
OIlU17f1Cfitm CD.. 269 U.S. 38S, 391. 46 S.Ct. 126. 127, 70
L.E4.. 322 (1926). Sa tzIso Hyrw Y. /t441OT1III4 Council tJfBor-
(IIlgh tJf Ora4dl, 42S U.s. 610, 620, !16 S.Ct. 17SS. 1760, 48
L.11.4.U 243 (1916). This Sl2!ldIrd is applied CVCll -Ilriet?'
to SIIDIICS Ihat iDbiblt lice speech bec;aWe of \be YIIae OUt 1OCl-
CIJ places on \be !tee d'1SSeDIiIIa!ionoflcleas.1Jl. at62ll, !16 S.Ct.
-at 1760.
631 F. 2d at 383. IIoweYa', die R<<ves COUJt also IUSlIiDed die
provision of !be lloustOll or\lillalK:e !bat proWIcd IS follows'
"1be wIume of SCJUD4l1111p\ificd ibaII be CoaaoIIod 10 that It Is
DO( umeasoJIlIbly loud. Ill\ICOlIS. jarriDg, clisbIrllIIIg or a tlJ1,........
10 wilhiD die _of IIJdibilily."
~ susWniJlg !bat portioD of lhc HOUSlDD orlift"""". the
/laws court SlIIa1:
Subpuagnph 61CQUires \be YOIIIme of SOWlli ampr.li~ to
be _lied 10 that it Is DOl ''umeismlIbly IIIWI. gamas, jar-
riIl&, diaIIIdliDg.<< I -,....... to pcnoDS wilbin die _ of
audibl\ky. "1be disuIct emmliluDd dIIC Ibe....... "-, ,---
lily" and "-~" are ~ do IIlK &\'fC tbc ordUwy
pers= 1m IIOIice ofpmblbilM ~ IIIClIllo1r ubilruyllld
iIiscrimIDatoIY ~.din~ by otficia\s. The court IbeRfilre
&lwl4 Ihis aibparagnpb ro be void tilr upcuesIllIIIIer die
F<.u.lcu,h ~ We cIisape. 1Jac SupIcmc Court Iw
~ IhcUl ofibe 1IOtd ''aD(easoaabIy'' Iilsimi\ar..-
that _ otbcnrisc pRCise and IIIftO'IIY mWIL 02mmIII v.
JDIwtm. 390 U.s. 611, 61S-16. 88 S.CL 1335. 1338, 20
L.Ed.2d 10 (1968). 'Ihe Court haa ~ed tile la1IlS
"laud" and ",'-"IS IlaIIdaIdI of IOlIIIlI ampIi-
fieMlnn '!:boaBJl tIIeac words are a\JsallCl, "1bay IIaTc dJzcugb
daib'- acquIrcdaco_nbat........~esa:dpemD.
u"fticicmly lICClI[I1IO COlICCpt ofwbat is " KowJcs v.
Cooper, 336 U.s. 77, 79, ijg S.Ct. 448. 450, 93 LJ'.cl. 513
(lM9). ~ ClIIIiDIcIt.1 We Il'l'f0ge die WUlds "iarriIII"
_"1111 ,. OD tile SIIIIllIflllllldS. CYCIIdJouCIl- bn sbiXt
of~ .......... " .1 c:eruiDty.'. OnlJMtl, 408U.s. at
no, 92 $oCt. at 22lI9. ''FIeldIJ/1I1111111 reaolllble bfeadlh,
nlhcrtlwl ~\oas I(lCCIfici17 ."1s acceplIblc Ia 1bis ana.ld.
1Jac _""""'oftbcplObibllllry~iIlIllbpuacnph6.
"dismtbjng. . . ro ~ wilbin Ihc area of ludltiiIit'''. pres-
_I clom" quescioIL 1bc ~ Courtlw ~ 11= ~ mer-
YIIIoIIS_tlleword .~.. lauilllilar......-- Ilutill
tile e1J>v nrlnn 1ba1 & _ court wonk! iw....."" tile lIemI objcc-
tiYclyID1IICl8Il 1000ICUlalGl'h..lrr. r:nriDlerferaccwilh.... 'peace
<<aoodcxdcc"'.1be <:oun--'b' fouIIdlbe 1erlII1IlK1lIICOII,
st\rnMmolly"'P otov.d>.ol4. Grl/!1M4.408 U.S. at 109-112..
92 S.Ct. It 2299~1. We haYe a sIIIIIbr eJlPCC',,;nn w11h ICprd
10 suIIpm&npb 6. If-..1 oxperieIICc wilb Ihc ~ ftrc
to ~""-II..d,.... it..~..~-. ~~..... SIIDdard. ~
lag I w~ dIIC f1Il1 ~ ''wIdI\a Ihc ..... of
lIIdibllilY"1IlrllP'-1O 6Il4 ''4illadIiu&.'' we wouI4
_ __ ro clwI8e our 1llCIlIlIIacIY. Taldug sub-
~ 6 as I wboJe. we _1l1bis IilIIe J8YCrSC the cIisai~
C:oun',~tharltia........u..; " ~lll1vopc..
631 F. 2Ilat385.
Weho14thattlle .==.....;y".. ~-Intlle LecQll1llty
ClI1IiDmce R:(IlaCIIIS such I "lUbjeclive IWIdard. pro-
bibiliIlg a volume !bat tIIl1 . peISOII 'witbIn tbc uea of
1IIdlbIlil)" bappc:Ds 10 fiDd ~ c!iIIlubiDg." that WOIIId
haw CIIISClI t&e Reevu court to aulD dawn !be mnalniIlg por-
lion of !be HOl\IIoIl otd\JImCe. We ~ liII4 II objeM1nnal>\c
for bcilI& boIh ovaty broad 1114 VI&UC 1Dd,ICCOldiD&IY. decIae
Ibal ponloll of ibe Lee Ccxmly onlillanc:e empbMi2ed eodier..
beiD&,,-;....UoaaI.
Rev=e4 II1II ,.--."" for fun\Icr ~1"gI COIISiIteIIt
herewith. (PARKERIIIIIWHATLBY,ll.. Concur.) ,
. . .
.
CrimiDallaW fi '.ft";~iaIaI offender _..t-~ imPraP-
all' hDposccI wha'e IlOl mdaM:e was pl.-rc4 CODCalIIDc'dak
cletaulaDtwas re\tluled from prIsoiloa parole from prior leilcnl
conYidioll wIdcb lCl"falas prc&atelor bab\t>M11oafl"'l-Wbeft
delcadant objcc1ed 8l -'---' to slate" failure to allibl'do
liIat .,._-<"'ftft of prillr fdoD.J or re1caoe from prlsan for!prior
teloa7 ~,... wiIbila lift Jan of curreat oa-. - I V
Imposed oa"",*"" IIIUIlbe wilfdD cuiddfJles
llUlCEJ.IlEYNOIJ)S. ~ ".STA'ltOFI'LOJ1IiA.1oppeIIic.2lI4
D_. c- No. 9J.G4109. 0I>iai<- _ Nay 22, 1996. Ajlp<II f_ ....
CiI<ait CautI for JliIsbocvoClI CoaIIIy: - c. -. Jude>- qa.md:
AtdaIr L W.u..e. m. f1.' . J'. far Ioppc\III1l. __ A. 1, _Ih.
AlIOIDOl'GcamI. T'''''-- aad10lqlll H...,..Yal La, ~ADorDI:y
Geaenl. ~ lOr Appdkc. ,
(RANK.lud&c-) Brace I. RlMID1da bas oppealod fiombis am-
vicIioIIS II1II seIl=CCS for IIIIIfliplc om.-. ",-Ing fmm his
dtal;,~ blllOlcIl veIW:lcs IIId liisrotaobIle parIS. Ajuty alI1Yict-
odblmof~,caaspinl:ylOQOlIIlIIIUa(\(~ i.-e',1hlee
COIIIIfS of pIII4 ibdt. OIIC ClOUIll of pclIl tbd'l, cme COIIIll Of deal-
iDg ill SIOlcIlpalpC(l)', two_ Dfp- .,-u\ollOfalllCllDfwlll-
de wilh rmlQvm wbiclc '''-r1ft",riQl1 IIIIIIIber (VJN) plus,
IliDeCOUDlS of.,. 'oa.oh.........4 V1N pllllea. andtwo~
of 6e!"C'..g I moror wIIicIc ca&ille- We rlllll DO...... iIlllie__
vIctIaDs 1114 affiJm 1bem.1tcyiokIs CXIIIIeIIds, "w..=. ~ Ills
"",.l~occ; .. a babItual ~ was !uapp......l.am. IIIIl oft lIIISt
ape. , ' .
IIllldditicllllO a 1985 balgb<y t ~ ...:11"'" bllhCl",d Coualy.
tbc slIle _ thar Reynolds' le&:ral COUll convil:doD tilr Im-
porlaIioa of cocaiDc 011 ADgUIl6, 1985 laid 1be f;-ndorinn for
habllll""-"'a. Rqaolds was seiIr--' by ibc fe&:ralCOUll to
foIJryemblprilioDlIIIladllec ~~'" paroIelenll. ,
ApplicadoD of dle babi&val salule '<>idhellll:dfir-
malive npIeIClIlIIIoD 011 tile ncm1l of sm:nl c:rIIiI:aI dates: lbc
dafe that lteyaolds co L III~ dle felotQ' 1'01: which lie Is lO be
_""""'" II a\labllul1 ClU>-...w- ibc dafe ofhIsCOll9ll:liDDlilI'tbc
bstpriorfdOlly; &lid IbusmOlbis rdea$C ("011 ?D01ecirotbcr-
wise") fiom. die prison .......... r or ~ c:cnrnm-lmPoIaI
for tbe \ast fdOIly .......1aimL I 77S.Clll4(a)2, FIa. Sla.!(l"991).
1bc IllIiule RqUilcs datellhcr dle ~ Mtbe reIeiisc bill
pr\IoA fordle bstprlorfielDay _wllbill ftve ~ of tile dale
o(1be{(~'" h:~ofdlcKWfdOIly. '.. ;
III Ibis .....IIDC criIk:a1 daIIlls 1IIissiII&-lhc,daII: 1Ipl>D WIIich
RcynolcIs was Idcased. OIl parole tiom lIis fa\aIIolIpiSC for
iIIIporlllliollof. :,'- a4l111lCberclarels~" idle-
of --- Ofibc c:uIICIIt 4W.w... 1'1100'~: ~at
::"'~:~~~~~~~1.1989~~
21, 1992. As pnodieaIe offmsc:s utile RICO c::\I8IC. tbc \aIiIr-
mlllIoD alJe&cd five t~. . of receiYiDg sro\ell. &OCJCIS blllJMldc
JI\aDd Ibal iIIc&o41y CICCUI1'll4llctW=l Dec.-I ia4~~'
'Ibosc piedII:e IDeU'- 'RlI\. bowcvcr. di.........t UIl ~.......!II'
lO 51JPP1CU. As a:r:csull. ibc eadieIllJtlllficale iJII'I"-!!~'
iDg II(lOD whidl tbe jIIry ClDlIl4 have 'bIscd III moo ......lcIW'
were 1M p... ...". COUaty eoaYII:lIoas tJr mad ::- -r:r
VIICd assaa1t/baIIf:lllll a law ~ r !tit OIk:cr, ,~ I~
III om= widl vio\aIl:e, crimea tbal oc:curred OD &..1 , ~ cr .'
1991. 1be _';";..g _ wIIh wbk:h ~ w.;~..... ~ j
1acl""''''tlleRlCO;:....,At,q. wereall~lDlla~~IIc' ~
ill 1m. widl tile g,~ of asrm4 ibeftoffalSG, .. .,. ~
WIS~byao\dl' faIenl llllJlvlCl\OIl for ~~ ~
cocaiIle did not occur wIlbiIl five yeatS of..'rld< 1110 .... .-- ~
date of colllmllliol1 of die feloa1eS for I;
.
~
...n...... ....."..,...t"l
LAW OFFICES
BERCOW CSt RADELL
PROFESSIONAL ASSOCIATION
JEFFREY BERCOW
BEN J. FERNANDEZ
JANA K. McDONALD
MICHAEL E. RADELL
FIRST UNION FINANCIAL CENTER, SUITE 850
200 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131
DIRECT LINE: (305) 377-6220
TELEPHONE (305) 374-5300
FAX (305) 377-6222
January 6, 1997
VIA FACSIMILE AND BY HAND DELIVERY
Mr. Eric Soroka
City Manager
City of A ventura
2999 N .E. 191 Street
Suite 500
Aventura, Florida 33180
Re: ProDosed Noise Ordinance
Dear Mr. Soroka:
This law firm represents Trafalgar Associates of Aventura, Ltd. (Trafalgar), the
developer of the Aventura Lakes project. As you know, Aventura Lakes is a new residential community,
approved for 485 single family dwelling units, on the north side ofN.E. 207 Street between N.E. 30" and
N.E. 34 Avenues. It represents a unique, one ofa kind residential project within the City of Aventura;
Traflagar expects to spend over $100,000,000 for the development of this community and construction of
homes within the project, during the anticipated three year buildout of this project.
Trafalgar is extremely concerned that the proposed A ventura noise otdinance, currently
scheduled for second reading before the the City Council tomorrow evening, represents an unwarranted
restriction on the development and construction activities within this project. . We are enclosing with this
letter a proposed revision of Section 3F of the ordinance, as it relates to construction activities. We intend
to appear at tomorrow's City Council meeting, in order to explain our client's position on this matter, and
urge the Council to moderate the proposed restrictions.
We iook forward to working with you and heanng your thoughts not his matter.
m:1m
Enclosure
cc: Mr. Ramon Cacicedo
Mr. Gus Hernandez
Mr. George Berlin
Richard Weiss, Esq.
Stephen Helfman, Esq.
Mayor and City Council Members
RECEIVED
JAN 0 0 1997
OFfl\:t. "f THE
CITY MANAGER
SUGGESTED REVISION OF SECTION 3F OF PROPOSED
A VENTURA NOISE ORDINANCE
Section 3. Prohibited Acts. The following acts are declared to be loud, excessive,
unnecessary, or unusual noises in violation of this Ordinance:
*
*
*
F. Construction. The conducting of Construction on the exterior or outside of any
structure. which is plainlv audible at a distance of 100 feet from the boundaries of the
property upon which such construction is located: or the conducting of construction
upon any open structure which is plainlv audible at a distance of 100 feet from the
boundaries of the property upon which such construction is located: or the creation of
a noise disturbance in connection with the conducting of construction within the
interior of an enclosed structure. which is plainlv audible at a distance of 100 feet
from the boundaries of the property upon which such construction is located. between
the hours of6:00 p.m. and 7:00 a.m. on weekdays and 5:00 p.m. and 8:00 am. on
Saturdays and at anytime on Sundays and Holidays, except for Emergency work.
Notwithstanding the foregoing, the creation of a loud or excessive noise in connection
with the use and operation of heavy equipment for earth moving and compacting,
concrete demolition or pile driving. which is plainlv audible at a distance of 100 feet
from the boundaries of the property upon which such work is being performed. is
prohibited at any time on Saturdays and Sundays. If Emergency work is to be
performed, the owner of the property upon which such Emergency work us to be
performed or the property owner's authorized representative shall notify the City
Manager's Office prior to the commencement of such Emergency work.
Underlined langm.oe within the bodv of subparagraph 3F represents suggested revisions
to the proposed ordinance.
S11gg~~vision..of SCl:1ion 3F nfPropn.ed Aven1l.lra.Noi.., Ordinance
F. CoDS1Illc.tian. The creation of a loud or cxcessivc noise in connection with the
conducting of Construction between the hollrs of 6:00 p.m. and 7:00 a.m. on
weekdays and 5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
Holidays, except enr ~nmJW:J:cially 7oned-PrOP-erti~o where. tbe construetion ~
lies..aJl..~tban 30.0 Wi jo.alQUll:Y.,lnped reoidentialland, and for emergency
work. Notwithstanding the foregoing, the creation of a loud or excessive noise in
connection with the use and operation of heavy equipment for earth moving and
compacting, concrete demolition or pile driving is prohibited at any time on Saturdays
and Sundays. If Emergency work is to be performed or the property owner's
authorized representative shall notify the City Manager's Office prior to the
commencement of such Emergency work
CITY OF AVENTURA
THE CITY OF EXCELLENCE
FIRST QUARTER REPORT
1996/97 BUDGET OBJECTIVES
OCTOBER - DECEMBER 1996
OFFICE OF THE CITY MANAGER
CITY OF AVENTURA
CITY COUNCIL
Mayor Arthur I. Snyder
Vice Mayor Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
CITY MANAGER
Eric M. Soroka
DEPARTMENT DIRECTORS
Weiss Serota Helfman, P .A., City Attorney
Harry M. Kilgore, Finance Support Services
Robert M. Sherman, Community Services
Jaye M. Epstein, Community Development
Teresa M. Smith, City Clerk
Thomas Ribel, Police Chief
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191sT STREET
SUITE 500
AVENTURA, FLORIDA 33180
OFFICE OF THE CITY MANAGER
ARTHUR I. SNYDER
MAYOR
ARTHUR BERGER
VICE MAYOR
MEMORANDUM
COUNCILMEMIIER8
JAY R. BESKIN
KEN COHEN
HARRY HOLZBERG
JEFFREY M. PERLOW
PATRICIA ROGERS-LIBERT
FROM:
Eric M. Soroka, Ci
TO:
City Council
ERIC M. SOROKA
CITY MANAGER
DATE: February 7, 1997
SUBJECT: First Quarter Report - 1996/97 Budget Goals, Priorities and Objectives
I am pleased to submit to the City Council, the progress review for the first quarter of
fiscal year 1996/97, regarding the pre-established budget goals and priorities and each
operating department's objectives. The report includes an outline of the objectives
included in the 1996/97 budget document and a review of the accomplishments for the
reporting period based on the indicators.
In addition, the report includes a summary of the budgetary activity for the first quarter.
The report is utilized as part of the City's budget tracking system to monitor and
evaluate performance of stated goals and objectives.
Although it was felt that the pre-established budget goals and priorities were overly
ambitious, a great deal of progress has been made in completing many of the goals.
If you have any questions, please feel free to contact me.
1 at Quarter Report - 1996197
PHONE: 305-466-8900 . FAX: 305-466-8939
CITY OF AVENTURA
FIRST QUARTER REPORT
1996/97 BUDGET OBJECTIVES
OCTOBER - DECEMBER 1996
TABLE OF CONTENTS
TOPIC
PAGE NO.
Review of 1996/97 Budget Goals & Prioirties
1
Department Review
Office of the City Manager
Finance Support Services Department
City Clerk's Office
Public Safety Department
Community Development Department
Community Services Department
5
7
9
11
15
18
Budgetary Activity Summary
21
CITY OF AVENTURA
1996/97 BUDGET GOALS & PRIORITIES
GOAL: ImDlement Revenue Sources to Fund Reauired Services and
CaDital Proieets
. Adopt current UMSA millage rate of 2.2270, which will be one
of the lowest in the Coun .
. Ado t tele hone franchise a reement with Bell South.
. Ado t as franchise a reement with Peo les Gas.
. Ado t cable TV franchise ordinance to award franchises.
. Adopt solid waste franchise ordinance to insure franchise
collection from existing companies and issue RFP to award
franchise for single family and commercial accounts.
. Ado t Ci Occu ational License Ordinance.
. Adopt building, development review & engineering permit fee
Ordinances when the Ci is in a sition to rovide services.
. Adopt code violation fine schedule when the City is in a
position to rovide services.
GOAL: Establish Full Service City of Aventura Police Deoartment
COMPLETE
COMPLETE
COMPLETE
Franchises
issued. RFP
on hold
until June.
COMPLETE
COMPLETE
COMPLETE
Contract with Metro-Dade from October to Aoril. COMPLETE
Phase in City Police Department beginning in April. IN
PROCESS
Improve visibility of police and institute community policing IN
concepts. PROCESS
Utilize foot and bicycle patrols IN
PROCESS
Institute citizen crime watch programs and business crime watch IN
programs. PROCESS
Form City Manager's Citywide Security Committee comprised of IN
representatives from private security companies employed by PROCESS
condominiums and businesses to interact with Police Department.
Fund state of the art eauipment. COMPLETE
1st Quarter Report -1996197
Page 1
GOAL: Establish Full Service Community Develooment Deosrtment
Contract with Metro-Dade from October to December. COMPLETE
Phase in building Inspections and olannina activities. COMPLETE
Beain code enforcement services October 1, 1996. COMPLETE
Issue occuoationallicenses for period beainnina October 1, 1996. COMPLETE
Phase in Dermit issuance orocess. COMPLETE
Provide coordination of transportation construction projects and IN
act as liaison to county, state and federal aaencies. PROCESS
Fund state of the art computer, mapping and automation IN
equipment. PROCESS
Personnel Additions. COMPLETE
GOAL: Privatize the Followina Services
Median /Riaht ofWav Maintenance. COMPLETE
Buildina Maintenance. COMPLETE
Street Maintenance. COMPLETE
Drainaae Maintenance. COMPLETE
Refuse Collection/recyclina. COMPLETE
City engineer functions. COMPLETE
Computer/automation consulting. UTILIZING
STAFF
LandscaDe architect consulting. COMPLETE
Vehicle Maintenance. COMPLETE
GOAL: Develoo Citvwide Shuttle Bus Service
Review private vs. public run system. NIA TO
REPORT
PERIOD
Develop system for implementation in August 1997. NIA TO
REPORT
PERIOD
Fund Equipment. NIA TO
REPORT
PERIOD
1st Quarter Report -1996/97
Page 2
GOAL: Foster Communitv Pride and Involvement
Issue at least 3 newsletters and 1 annual report. 2 ISSUED
Issue quarterly progress reports. 1st
QUARTER
COMPLETE
Utilize citizen surveys. 4 SURVEYS
ISSUED
Fund special events such as July 4'", Founders Day, Arbor Day, ON GOING
cultural prOQrams and recreational activities.
Utilize City Boards as a source of advice and input. PLANNING
BOARD,
RECREATION
AND CULTURAL
ARTS BDARD
AND
BEAUTlFICA TlON
BOARD
ESTABLISHED
GOAL: Deve/oD Citvwide Beautification Proaram
Prepare citywide beautificationllandscape Master Plan. IN
PROCESS
Begin to landscape areas included in the Master Plan. IN
PROCESS
Replace county street signs with attractive new signs. IN
PROCESS
Review the conversion of overhead utility distribution system to an IN
underaround svstem. PROCESS
Develop plan to continue landscape along the railroad tracks to IN
create barrier alona City limits. PROCESS
Eliminate bus bench advertising and replace with more attractive IN
benches. PROCESS
Replace bus shelters with more attractive and user friendly units. IN
PROCESS
GOAL: Deve/oD 5 Year CSDitallmDrovement Proaram
IN
PROCESS
IN
PROCESS
1st Quarter Report -1996197
Page 3
Review private roads for possible conversion to the City if COMPLETE
standards can be met.
Develo Ian for rovidin additional street Ii htin .
Review possibility of establishing Stormwater Utility Fund to
address draina e roblems throughout the Ci .
Address safety concems along bikelwalkway paths.
COMPLETE
IN
PROCESS
IN
PROCESS
GOAL: ACQuire Siters' to Construct Public Facilities and Provide
ParlclODen SDace Areas
Government Center. IN
PROCESS
Police Station. IN
PROCESS
Cultural/Civic Center. IN
PROCESS
Passive and active recreational sites. COMPLETE
Prepare overall plan and funding alternatives. IN
PROCESS
Possible acquisition of protected Mangrove preserve to establish NO ACTION
nature area.
Acquire 5 acre park site at Hidden Bay from the county. IN
PROCESS
1st Quarter Report -1996197
Page 4
~ AVe';Jt
o A..-f ""c.
~ ~~'I.~@Jl ~
um@j~*
* ~~~~~
",,-~~~
<%1$: FLO~
OFFICE
OF THE
CITY
MANAGER
OFFICE OF THE CITY MANAGER
OBJECTIVES
1. Provide completed reports and recommendations on a timely basis upon
which the City Council can make policy decisions.
2. Prepare and submit budget to the City Council by July 15th of each year.
3. Oversee customer service functions by all departments to ensure timely
response or resolution of citizen requests.
4. Coordinate, control and monitor the activities of all City Departments and
operations.
5. Interact with community organizations and associations to increase public
awareness of City's various programs, facilities and services.
6. Prepare five-year Capital Improvement Program document and submit to the
City Council by May 1997.
7. Effectively administer the budget priorities and goals established by the City
Council.
8. Form City Manager's Citywide Security Council comprised of private security
companies to interact with Police Department.
9. Acquire sites to construct public facilities and provide open space areas &
parks.
10. Provide recommendation on Citywide shuttle bus service.
11. Issue newsletters and annual report to the public.
12. Supervise capital budget projects and the implementation of new services.
INDICA TORS
1. Over 200 recommendations including memorandums, reports and agenda
backup items have been submitted to the City Council. Key policy
recommendations adopted by the City Council are as follows:
. Line of creditlbank loan
. Noise Ordinance
. Newsrack Ordinance
. Comprehensive Plan preparation process
. Legislative Priorities
. Police services impact fee
. Temporary Police Station facilities
. Interlocal Agreement with Dade County
. Fee schedule for Engineering, public works and building inspection
and permitting
. Solid Waste Collection Franchise Ordinance
. Peoples Gas Franchise Ordinance
. Purchase of Winn Dixie site
. Rights-of-waylmedian landscape maintenance services policy
. Privatization of building inspection and plan review services
. Code enforcement process
. Street lighting services policy
1st Quarter Report -1996197
Page 5
. Roadway conversion policy
2. Not applicable to the reporting period.
3. Customer Service System was established by Administrative Policy at two
central points: Office of the City Manager and Community Development
Department. System components, follow-up information and database have
been computerized. Requests for service are responded to within 24 hours of
receipt ofthe request.
4. Staff meetings, monthly and quarterly reports are utilized to monitor city
operations and departments.
5. Attended 5 community meetings during reporting period.
6. Not applicable to the reporting period.
7. Staff meetings, monthly and quarterly reports are utilized to monitor budget
priorities and goals established by the City Council.
8. Not applicable to the reporting period.
9. Acquired 5.5 acre Winn Dixie site. Currently negotiating for 3.5 acre site at the
southeast intersection of Country Club Drive and Lehman causeway. Also
investigating 3.5 acre site at the end of N.E. 188th Street.
10. Not applicable to the reporting period.
11. Two newsletters were issued during the reporting period.
12. The following services were implemented during the reporting period:
. Code enforcement
. Occupational licenses
. Building Inspections and permitting
. Plan review and planning function
. Median and right of way maintenance
. Street, sidewalk and drainage maintenance
1 at Quarter Report - 1996197
Page 6
FINANCE
SUPPORT
SERVICES
FINANCE SUPPORT SERVICES DEPARTMENT
OBJECTIVES
1. Maintain investment practices at 100% of idle funds.
2. Issuance of Comprehensive Annual Financial Report by January 31st of each
year.
3. Obtain GFOA Certificate of Achievement.
4. Prepare Purchasing Manual.
5. Establish computer network for PCs to allow for effective sharing of common
files, schedules and E-mail.
6. Establish automated purchase requisition/purchase order process to allow
data entry by departments.
7. Prepare and process all approved invoices within nine working days.
8. Establish effective personnel system to allow for timely recruitment and hiring
of employees.
9. Select and implement a central computer system that serves the information
management needs of all departments.
10. Assist Police Department in the selection and implementation of computer
hardware and software to serve public safety needs.
11. Process bi-weekly payroll and associated reports.
12. Prepare necessary budgetary reports on a monthly basis.
13. Maintain insurance coverage at appropriate levels.
14. Implement revenues sources to fund required services.
INDICATORS:
1. All idle funds have been 100% vested during the quarter. As of December 31,
1996, the investment balance was approximately $8.9 million and interest
earnings during the quarter were $26,384.
2. The Comprehensive Annual Financial Report will not be issued prior to
January 31, 1997 for the fiscal year ended 9/30/96. Because of delays in
selecting the auditor and scheduling of fieldwork, as well as the volume of
work, the audit fieldwork was begun on January 13, 1997. I expect the CAFR
to be published prior to February 28, 1997.
3. The CAFR will be submitted to the GFOA upon publication. The February
publication date is still well within the March 31, 1997 deadline for submission
for the Certificate of Achievement.
4. The purchasing practices of the City have been under review and revision.
New purchase requisitions and checks request forms were distributed in
October 1996 and I anticipate the publication of a Purchasing Manual around
April 1997.
5. A purchase order for the network server, peripherals and software was issued
on January 14, 1997. I anticipate receipt of the server in approximately three
(3) weeks. The network should be operational by mid February 1997.
1st Quarter Report -1996197
Page 7
6. The automated purchasing system will be a part of the central computer
system. See item #9 below.
7. All approved invoices have been processed within five (5) working days.
8. The Personnel System is functional but is still evolving. The Personnel
Policies Manual has been under review and should be re-issued with
modifications in February 1997.
9. The RFP for a central computer system has been delayed based on priorities
and available manpower. The RFP is in the early stages of development with
a publication date projected for February, proposal submittals in March,
approval by the City Council in April and May implementation.
10. During the past three weeks, Lathman Brown, Glenn Marcos and I have
worked with Police Department employees on the first stages of their
computerization. A purchase order for approximately $112,000 was issued
on January 14, 1997 for the first phase of the computer system.
11. All payrolls and associated reports were issued on a timely basis.
12. The budget report for the fiscal year ended 9/30/96 was issued on October
16th. The monthly report for October was issued mid November. The report
for November was combined with the December report and was issued on
January 9th.
13. I anticipate thorough review of all insurance coverages in Mayor June 1997.
14. Revenue sources implemented are:
Police Impact Fees - First receipt of $34,761 received November
1997.
Occupational Licenses - Billings mailed in early October. Collections
through December 31,1996 total $292,604.
Building Permits - Implemented 1111/96 - Collections thru 12/31/96
were $190,215.
Cable TV Franchise Fees - One Franchise issued thru 12/31/96 -
Revenues total $7,500.
Sanitation Franchise Fees - All operators have applied for a franchise
- Total revenues were $9,576 thru 12/31/96.
Gas Franchise Fee - Peoples Gas has been issued a franchise. First
collections expected in January 1997.
State Shared Revenues are all being received based on our
successful application last fiscal year. Total revenues for the quarter
ended 12/31/96 were $313,029.
Ad Valorem Tax Collections - $4.17 million received thru 12/31/96.
1 st Quarter Report -1996197
Page 8
CITY
CLERK'S
OFFICE
OFFICE OF THE CITY CLERK
OBJECTIVES
1. To maintain accurate minutes of the proceedings of the City Council and
advisory boards.
2. To publish public notices as required by law.
3. To maintain custody of City records and coordinate the storage of said
records.
4. To provide clerical support to the City Councilmembers.
5. To administer the publication of the code book, supplements and indexing of
City Council minutes.
6. Conduct municipal elections in accordance with city, county and state laws.
7. Establish and coordinate the City's records management program in
compliance with state law.
8. Assist in the distribution of agenda items upon receipt from the City Manager.
INDICATORS
1. There were ten Counciltworkshop meetings in the first quarter of this fiscal
year. Ten sets of minutes were prepared, distributed and approved. The
Beautification and Recreation and Cultural Arts Advisory Boards were
established in October. Two sets of minutes for each Advisory Board were
prepared, distributed and approved.
2. Six public notices advertising ordinances on second reading were published
in the Daily Business Review. Twenty-one public notices were prepared for
posting and distribution.
3. Forty-two contracts entered into by the City were processed for execution,
finalized and filed in storage. Initial filing system set up. Fire-proof safe
ordered for permanent storage and protection of original documents.
4. Clerical support provided to all seven Councilmembers, including preparation
of memos, faxes and correspondence, telephone calls, travel arrangements,
hotel and conference registrations. Council mail opened, distributed and
responded to, as directed. Initial filing system set up for Council
correspondence. Composed, prepared and finalized six Proclamations at the
request of Mayor and Council. Prepared twenty-eight Certificates of
Appointment to members of Advisory Boards. Prepared fifty-three Welcome
letters to new residents.
5. Agreement was entered into on November 21, 1996 with Municipal Code
Corporation for publication of the City Code. In the interim, notebooks have
been distributed to Council and staff containing copies of all Ordinances and
list of Resolutions by title.
6. No municipal elections scheduled until November 1998. Began preparation
of Security Procedures for Voting System Manual, as required by Florida
Statute.
7. Currently in assessment and planning stages. Met with vendor of imaging
equipment to assess needs of City and equipment available.
1 at Quarter Report -1996197
Page 9
8. Ten agenda packages prepared and distributed to Council, staff, media and
interested parties. Provided clerical support to City Manager in preparation of
memorandums to Council, ordinances and resolutions.
In addition:
. Twenty-eight Resolutions, including four Zoning Resolutions were prepared
for execution finalized and distributed as directed by Council.
. Fifteen Ordinances were prepared for execution and finalized for submittal to
Municipal Code Corporation.
. Requests for research, information, and copies of public records were
responded to, including seventy-one lien letter requests.
. Initiated preparation of Code Enforcement procedures, prepared forms for
Code Enforcement hearings, scheduled meeting with Special Master to
coordinate hearings.
1st Quarter Report -1996197
Page 10
PUBLIC
SAFETY
1.
OBJECTIVE
INDICATOR
PROGRESS
2.
OBJECTIVE
INDICATOR
PROGRESS
3.
OBJECTIVE
INDICATOR
PROGRESS
POLICE DEPARTMENT
Phase in City Police Department beginning in April.
City police units begin patrol function.
The site for the temporary police station has been
selected and is currently being renovated. The facility
is located at 2960 Aventura Boulevard in the Aventura
Shopping Center. Staff anticipates moving into the
new building by the end of January. Two squads will
go on patrol around the middle of February. On April
1, 1997, the Aventura Police Department will be fully
operational and assume all police functions from
Metro-Dade. Meetings have been held with Metro-
Dade Police to discuss the transition period.
Improve visibility of police and institute community
policing concepts.
Establish required patrol zones and community
feedback.
Patrol zones have been established. Seven police
cars have been painted and marked with the Aventura
Seal and Logo. The community policing effort has
already begun with appearances at community
meetings and events. Negotiations are underway to
purchase a community policing communications
system.
Utilize foot and bicycle patrols.
Hours committed to foot and bicycle patrols.
Foot and bicycle patrols will be implemented later in
the budget year as staffing permits.
Develop traffic unit to lower the incidence of speeding
and address other traffic safety issues.
INDICATOR Implementation of traffic units and statistical data.
4.
OBJECTIVE
1st Quarter Report - 1996197 Page 11
PROGRESS
5.
OBJECTIVE
INDICATOR
PROGRESS
6.
OBJECTIVE
INDICATOR
PROGRESS
7.
OBJECTIVE
INDICATOR
PROGRESS
8.
OBJECTIVE
Three police motorcycles have been ordered and are
scheduled to be delivered this month. The traffic
Sergeant has been hired.
In conjunction with City Manager, prepare Hurricane
Emergency Plan.
Completion of Hurricane Emergency Plan.
Emergency Preparedness and development of a
Hurricane Emergency Plan will begin in April.
Purchase necessary equipment for start up of
department.
Necessary equipment purchased.
Equipment purchases are on schedule. So far the
police department has signed purchase orders for 50
police radios, 50 hand held radios, 20 computer
workstations and peripherals, police uniforms and
accessories, 50 handguns, 10 additional police
vehicles that are scheduled for delivery in March and
all the necessary equipment to outfit. each car,
emergency lights, sirens, prisoner cages and
consoles.
Institute citizen and business crime watch programs.
Citizen and business crime watch programs
organized and functional.
Citizen and business crime watches will be
established later in the budget year. Meetings have
already been attended at Point East, Commodore and
Coronado Condominiums. Close contact is
maintained with the Aventura Marketing Council and
representatives from the Aventura Mall.
Obtain grants for police, support personnel and
equipment.
INDICATOR Number and type of grants obtained.
1 at Quarter Report - 1996197 Page 12
PROGRESS
9.
OBJECTIVE
INDICATOR
PROGRESS
10. OBJECTIVE
INDICATOR
PROGRESS
11. OBJECTIVE
INDICATOR
PROGRESS
12. OBJECTIVE
The Byrne Grant was finalized and approved by
Council. The grant will provide $7,396.00, which will
be used to offset the purchase price of the Reverse
911 System. Additional grants will be pursued during
the year. One staff member will be assigned the duty
of researching and filing all grant applications.
Establish communications system requirements for
implementation.
Implementation of communication systems.
Commander Fogelgren has arranged for the purchase
of the Inter-Telephone system for the temporary
police station. One dispatcher has been hired.
Evaluation of CAD and Records Management
Systems is ongoing. Arrangements have been made
to access FCIC/NCIC, Florida Department of Law
Enforcement and Metro Dade computer databases.
These systems are scheduled for installation in
February. AutoTrak and Equifax software are already
in use for conducting background and credit checks.
Hire necessary personnel to staff department.
Number of employees hired.
So far 10 of the 53 budgeted positions have been
filled. Offers of employment have been made to 16
police officer candidates.
Establish working relationship with community and
business security forces to resolve problems and
criminal issues facing the City.
Surveys, quarterly reports and community feedback.
As mentioned above, meetings have already been
attended at some condominiums. Close contact is
maintained with the Aventura Marketing Council and
representatives from the Aventura Mail.
To maintain a partnership with the community which
ensures that the Police Department is both aware
1 st Quarter Report - 1996197
Page 13
and responsive to the concerns and expectations of
the community.
INDICATOR Surveys, quarterly reports and community feedback.
PROGRESS As mentioned above, meetings have already been
attended at some condominiums. Close contact is
maintained with the Aventura Marketing Council and
representatives from the Aventura Mall.
1st Quarter Report -1996197 Page 14
COMMUNIT
DEVELOPMENT
COMMUNITY DEVELOPMENT DEPARTMENT
OBJECTIVES
1. Provide customer focus technical assistance to the community.
. Code Compliance Officer was hired to respond to resident
complaints
. Building Division was opened November 1, 1996 for issuance of
permits.
. Customer Service Representative & Senior Secretary were hired to
efficiently respond to public inquiry, by answering residents
concerns.
. Established procedures for Certificate of Zoning Use and began
issuing in conjunction with occupational licenses in November 1996.
. Contractor's Registration Requirement, Ordinance #96-28, was
passed on 11/19/96.
. Approximately 60 customer service requests have be responded to.
. "Pooper Scooper Ordinance #97-01
. Newsrack Ordinance #96-32
. Enforce the removal of illegal signs (approx. 95% removed).
2. Begin code compliance services by October 1996.
. Code compliance services began September 9,1996.
. Code Enforcement Process, Ordinance #96-14 began September
9.1996.
3. Provide a "one-stop shopping" development review process.
. With the implementation of the Building function this objective was
attained.
. Established procedures, forms and fees for:
1. Certificate of Occupancy
2. Certificate of Final Inspection
3. Permit application
4. Notice of Commencement
5. Certificate of Zoning Use
4. Begin to issue building permits and provide inspection services by
December 1996.
. Building Division started issuing permits & performing inspections
on November 1,1996.
5. Establish building, engineering and development review procedures and
permit fees.
1st Quarter Report - 1996/97
Page 15
. Building Permit Fee Schedule, Ordinance #96-22 was passed by
City Council on 1012/96.
6. Begin to issue occupational licenses to City businesses by October 1996.
. Community Development began the issuance of occupational
licenses on September 26, 1996.
. To date 1,300 Occupational Licenses have been issued and
$295,000.00 has been collected.
7. Create computerized City base map with consultant assistance.
. Staff continues to work with consultant to customize GIS
operations for planning, zoning, occupational license, and code
compliance functions. Zoning and Future Land Use layers have
been completed; parcels, streets and municipal boundary layers
are expected to be completed by February 1997.
8. Act as City liaison for county, state and federal transportation construction
project.
. Meet as needed with responsible agencies.
9. Provide staff support for the Planning and Zoning Board.
. The City Council has appointed themselves as the planning
agency for development regulation and review process.
10. Hire necessary personnel contained in budget.
. All 7 budgeted personnel have been hired.
11. Contract with a private firm to perform building inspection services.
. A contract agreement was reached with CAP. Engineers to
perform building plan review & inspections. Five certified
inspectors have been provided to the City by CAP. Engineers.
INDICATORS
1. Number of occupational licenses issued.
. 1,300 Occupational licenses have been issued, generating
$295,000.00 in revenue.
2. Code compliance services operational by October 1996.
. Operational September 9,1996
3. Establish procedures for "one-stop shopping" development review process.
. Information has been gathered regarding the development
review procedures used by the County and other municipalities.
1st Quarter Report -1996/97
Page 16
That information is presently being reviewed to establish our
own procedures and forms.
4. Number of land development petitions processed.
. The City assumed this responsibility on January 1, 1997.
5. Building, engineering and development review fee ordinance adopted.
. Ordinance #96-22 was passed by City Council on 10/2196
adopting the Building Permit Fee Schedule.
6. Number of land development petitions processed.
. The City assumed this responsibility on January 1, 1997.
7. City base map completed.
. Underway
8. Number of transportation construction project meetings attended.
9. Number of Planning and Zoning Board meetings attended.
10. Hire necessary personnel contained in budget.
. All necessary personnel contained in budget have been hired.
(Total 7)
11. Establish contract requirements and number of inspections performed.
. A contract agreement was reached between the City and CAP.
Engineers. To date, the number of building inspections
performed by CAP. Engineers are approximately 400.
,
1st Quarter Report - 1996197
Page 17
COMMUNITY
SERVICES
COMMUNITY SERVICES DEPARTMENT
GENERAL SERVICES
1. Provide accurate and quick responses to resident requests and concerns.
2. Work with Advisory Boards to provide quality programs and services to the
residents.
3. Provide service levels customized to meet the needs of the community.
4. Qualify for Tree City USA status.
5. Prepare Capital Improvement Program to address infrastructure projects.
Indicators:
1. All citizens complaints have been resolved within 72 hours of receipt.
2. Boards have been established and two meetings have been held with the
Beautification Board and the Recreation and Cultural Arts Board.
3. All staff has been hired and the Department is fully operational.
4. The City will qualify for Tree City USA recognition for 1996.
5. CIP is now in progress and will be submitted by February 14, 1997.
RECREATION & CULTURAL SERVICES
1. Establish recreation and cultural programming for residents.
2. Plan and implement City-wide special events and establish a special event
calendar.
Indicators:
1. Two successful trips have been held this quarter. The Performing Arts Series
consisting of trips to four concerts and plays starts in January, 1997. A
Community Survey has been established and will be included in the January
City Newsletter. A conceptual master recreation plan has been developed for
implementation for the first half of calendar year 1997. An informal committee
consisting of Social Club Presidents of the various condominiums and rental
properties was formed, and has provided substantial input.
2. During the first quarter of the year, Founders Day activities were held. The
Department is now planning The Aventura Festival of The Arts and Concert
which will be held in February, 1997, and is working on "A Taste of Spring"
special event sponsored by Mount Sinai Hospital; and July 4,1997.
TRANSPORTATION:
1. Establish City wide shuttle bus service for residents.
Indicators:
1. Currently in the assessment and planning stages.
ST~EETS & DRAINAGE:
1. Prepare inventory and assessment report of City streets and drainage
facilities.
1st Quarter Report -1996197 Page 18
2. Review possibility of establishing Stormwater Utility Fund to address drainage
problems.
3. Based on the report, prepare plan to improve storm drainage facilities.
4. Improve traffic signage, striping, and signalization.
5. Contract street and drainage maintenance functions to the private sector.
6. Based on report, determine if current main arterial private roads can be
dedicated to the City.
7. Develop plan for providing additional street lighting.
8. Review possibility of upgrading street lighting fixtures.
9. Address safety concems along bikelwalkway paths.
Indicators:
1. Comprehensive Analysis of City Infrastructure is 90% complete.
2. Stormwater Utility Fund Study is in progress. Completion is expected by
March 1997.
3. Country Club Drive Drainage Improvements are now being considered for bid
award. Drainage improvements for NE 191 Street, Biscayne Lake Gardens,
NE 203 Street, and NE 29 Ct are now under design. Future projects will be
included in five year CIP.
4. NE 187 Street has been re-striped. FOOT has been contacted relating to the
signalization on Biscayne Boulevard and adjoining collector roadways.
5. Street and drainage maintenance functions are currently out for bids, and will
be opened on January 13,1997.
6. Study has been completed and is now being reviewed.
7. Work Authorization for additional lighting has been issued and is now in
progress.
8. Fixture has been selected, and staff is working up cost estimates.
9. Pedestrian circulation study has been completed, and is being reviewed.
LANDSCAPING/BEAUTIFICATION:
1. Prepare Citywide BeautificationlLandscape Master Plan.
2. Implement phased beautification program for medians and signage.
3. Privatize median, irrigation, and R.O.W. maintenance services.
4. Replace county street signs with attractive new signs.
5. Review the conversion of overhead utility distribution system to underground.
6. Develop plan to continue landscape along the railroad tracks to create barrier.
7. Eliminate bus bench advertising and replace with more attractive benches.
8. Replace bus shelters with more attractive and user friendly units.
Indicators:
1. Landscape Master Plan is currently under design.
2. Landscape policy was approved by City Council in December, and is now
being implemented. Seasonal color and holiday lighting was installed for the
1996-97 Holiday Season along Aventura Boulevard.
1st Quarter Report -1996197
Page 19
3. Contractual maintenance services for all landscape functions is now in place.
4. Landscape Architect is currently designing new signs.
5. Review will be complete by June 30,1997.
6. Landscape plans for this area are currently in progress.
7. Will be addressed in Landscape Master Plan.
8. Will be addressed in Landscape Master Plan.
1st Quarter Report -1996197
Page 20
BUDGETARY ACTIVITY SUMMARY
1996/97
1ST QUARTER
REVENUES BY FUND
- ~ - - ~- , -. ~ -~~f:;':;:~J;;i/- <d~"~~ \f lU;\:~--'~l::r;"{t':;-;r: xci:,
..:;-.~_:___________ __-;:'~___H~__~____ --,-'~'J:::t'L~)::'tj_ _ - _ '::: ,_:, L::. t)~
::'~)f'{l~ 'r '1 \, r ~ ::H 11:(:1;: ,
- -- < ~. -
General Fund
Police Education Fund
Street Maintenance Fund
Police Impact Fee
Debt Service Fund
Capital Construction Fund
TOTAL REVENUES
EXPENDITURES BY DEPARTMENT
$ 12,464,294 $ 8,204,403 66%
1,000 0 0%
354,353 84,010 24%
50,000 34,746 69%
1,004,000 0 0%
10,000,000 3,200,000 32%
I\lf'i__.~~~{i; 1;;\*l~;1]~i~tf;~~
City Council
Office of the City Manager
Finance Support Services
Legal
City Clerk
Public Safety
Community Development
Community Services
Non - Departmental
$ 73,489 $ 20,475 28%
304,693 76,152 25%
418,071 68,417 16%
154,500 30,956 20%
110,233 15,549 14%
3,116,574 80,741 3%
560,930 104,538 19%
1,078,152 317,006 29%
540,000 91,621 17%
lkL;H"'lr\~ - ~- :i;t.~-i:"-"l'~'".i- -~.r :riG-t:c.,f,....-~;:-"'"""'"--.
_ ", "'_".!..'_~ ,.,K" " il! ~ "., " :~ I: " ':':'10:. . ~4~; C' c~__ _ ',:~,; ~~,' '" ~~ .- ~'{,A ,'. ;.;0;'" _~ ".", f.;,:, 1.
Capital Outlay:
City Council 1,000 0 0%
Office of the City Manager 3,500 1,809 52%
Finance Support Services 266,000 20,105 8%
Legal 0 0 0%
City Clerk 20,000 3,748 19%
Public Safety 1,066,000 315,630 30%
Community Development 66,500 33,397 50%
Community Services 2,194,000 27,730 1%
Non - Departmental 12,491,653 13,566 0%
1st Quarter Report - 1996197
Page 21
SUBTOTAL
$ 16.1011;663 $
415,9815
3%
Non - Departmental:
Debt Service
,i>l'co:ri:or~I' ,,':'
.~~,~,i!J!~~t)~ ,. -----
1,004,000 0
. .' :..,$,,; :";"~~)l'L,'"'i:$ .', "";";' '(#:,. ..,.
o
O~
GRAND. TOTAL
$,2p1~1l..5 ,;$ ,1.U1i.yao. .'
5%
1st Quarter Report -1996197
Page 22
THIRTEEN/WNET ASKS THE QUESTION, WHOSE DEATH IS IT
ANYWAY?, AND LOOKS AT THE HUMAN SIDE OF END-OF-LIFE
DECISION MAKING IN AN EMOTIONALLY-CHARGED SPECIAL
PREMIERING JUNE 3 ON PBS
Dr. Nancy Snyderman Hosts Studio Audience; Betty Rollin Introduces Video
Segments
NEW YORK (May 2, 1996) -- Joy Edwards is sitting in her living room talking
with her family of grown children. Their own infants and toddlers are sleeping
comfortably in their laps or playing nearby. Except for the conversation, it seems
like a typical afternoon at Grandma's., But Joy was diagnosed with breast cancer
lU years ago and now it has spread. The prognosis: incurable. She has gathered
her family together for a reading of her "advance directive," indicating how she
wants to die -- no life support, no feeding tubes. "I'm tired. I fought this a long
time," she says.
Joy's story and the personal experie~ces of four other individuals and their
families are featured in WHOSE Death Is It, Anyway?, a one-hour special
produced by the Independent Producti~n Fund and presented by ThirteenlWNET
in New York, premiering Monday. June). 1996 at lOo.m. (En on PBS (check
local listings).
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STREET FURNITURE DESIGN
CITY OF A VENTURA
Prepared by:
O'Leary Design Associates, P A
Landscape Architects
February 11, 1997
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