07-07-1997 Workshop Meeting
'{3fT CI'IY OJ
'EXCELL'ENCE
..e~''''
City Council
Workshop Meeting
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
5.
6.
7.
8.
AQenda
FOOT Created Non-Conforming Uses
Proposed City Charter Amendments
Ethics Ordinance
Proposed Development Moratorium
City Manager Review
Study to Establish Fire Department
Requests for Funding
Other Business
July 7,1997
1:00 PM
Executive Conference Room
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Presentation Regarding FOOT Creating Non-Conforming Uses
June 3, 1997 City Council Meeting Agenda Item ~ C.
In March, at a Workshop meeting, we discussed the issues regarding the creation of
non-conforming uses by FOOT. As you are aware, in order to construct the Biscayne
Boulevard Widening Project, FOOT will be "taking" land and relocating signs. In several
cases, the results of their action would create non-conforming uses that would be in
violation of the Dade County Zoning Regulations. FOOT made an inquiry as to what
the City's policy would be regarding non-conforming uses. The City Council, at the
Workshop meeting, requested that FOOT compile a report outlining all the properties
and issues in the City that would be affected by the widening.
FOOT has requested to appear before the City Council to provide the information
requested and to discuss the City's policy regarding non-conforming uses.
I have scheduled this matter immediately following the zoning matters that will begin at
6:00 p.m. A preliminary agenda of their discussion is attached.
If you have any questions, please fee free to contact me.
EMS/aca
Attachment
CC0303.97
rlH',-';::9- -:1, 1"'+:.21
:v:
~ :11'1~1
n5S-'::; FD~ 0..:...
SUMMARY OF DOT PRESENTATION
I. General and brief update regarding overall Biscayne Boulevard project with
respect to the Biscayne V, Biscayne VI, and Biscayne VII phases.
2. Presentation regarding nonconfonnities on a parcel by parcel basis, including
A Existing nonconfonnities
B. Nonconformities created by the road widening in the after condition absent
the implementation of a cure
C. Remaining nonconfonnitics after implementation of a sample proposed
cure
This segment will include discussion of relevant and affected properties within the
City of Aventura fromjust west of Miami Gardens Drive to 209th Street.
3. Discussion of proposed ordinances to alleviate hardship to property owners and
excessive cost to taxpayers. Proposals include discussion of
A Allowing DOT to have standing to present cure and obtain approval of
proposed cures and proposed site plans for redevelopment of the remainder
B. Implementation of standards for granting of variances in the eminent
domain context, including parameters for handling on an administrative
basis
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, Ci
TO: City Council
DATE: March 12, 1997
SUBJECT: Policy Regarding FOOT Created Non-Conforming Uses
In order to construct the Biscayne Boulevard Widening Project, FOOT will be "taking"
land and relocating signs. In several cases, the results of their action would create non-
conforming uses that would be in violation of the Dade County Zoning Regulations. In
many cases, the setback requirements and signage locations for businesses would
become non-conforming uses. Councilmember, Jeffrey Perlow, brought this matter to
our attention at a previous workshop. FOOT has made an inquiry as to what the City's
policy would be regarding non-conforming uses.
I have attached the portion of the Dade County Code (Section 33-35) regarding this
topic. However, the section does specifically address the Biscayne Boulevard situation
(Le., setbacks, parking signage).
The City Council has two options they may want to consider to address this situation as
follows:
1. Adopt a zoning code amendment that would legalize non-conforming uses
similar to the provision continued in Section 1101.2 of the Miami Beach Code
(see attached).
2. Require all non-conforming uses to obtain a variance from the City Council on
a case-by-case basis.
This matter will be discussed at the March 15, 1997 Workshop.
Attachment
EMS/aca
CC0254-97
building, structure, improvement or premises le-
gally existing in the respective districts at the
time this chapter becomes effective; provided,
however, that if any such existing lawful use is
changed to a different use after the date of the
adoption of this chapter" such different use shall
conform to the provisions of this chapter regulat-
ing the particular district in which said premises
are situated.
(b) If any legally existing use or occupancy of a
building or premises conflicts with any require-
ment of this chapter or any of its amendments,
such building shall not be moved, structurally
altered or added to, except after approval after
public hearing.
(c) All future buildings, structures, repairs, al-
terations or other improvements shall comply
with all district requirements contained herein
and such structural provisions of the building
code and other regulations as have been incorpo-
rated herein and made a part hereof, including
any building on which construction was sus-
pended at the time this chapter" was adopted and
any building for which foundations were not com-
pleted at said time.
(d) If, after the adoption of this chapter" the
aggregate cost of the repairs or alterations, dur-
ing the ensuing ten-year period, exceeds fifty (50)
percent of its current value, any building not
conforming in use and occupancy with the provi-
sions of this chapter shall be arranged or altered
to conform as to use and occupancy with the
requirements of this chapter and its subsequent
amendments; provided, however, that this para-
graph shall apply only to such buildings as were
so used or occupied legally prior to August 2,
1938.
(Ord. No. 57-19, ~ 34, 10-22-57)
Sec. 33.35. Nonconforming uses.
(a) A nonconforming use shall not be extended
in any direction nor shall such use be replaced by
another use not specifically permitted in the dis-
trict concerned.
OEditor'. DOte-Ord. No. 57-19, from which tbia chapter is
derived was enacted on October 22, 1957.
Supp. No. 16
ZONING
~ 33-35
(b) No building or premises wherein or whereon
a nonconforming use is discontinued for a period
of at least six (6) months, or is superseded by a
use permitted under the provisions of this chapter
in the district in which said building or premises
are situated, shall again be devoted to any use
prohibited by this chapter in the district.
(c) Any building which does not conform in use,
occupancy or construction, or in some other way,
with the provisions of this chapter (said structure,
use of occupancy having existed prior to the
adoption of these regulations) which becomes
damaged as to roof and/or structure to an extent
of fifty (50) percent or more of its reasonable
market value at the time, by fire, flood, explosion,
wind, war, riot or any other act of God or man,
shall not be reconstructed or used or occupied as
before said damage, but, if damage to an extent of
less than fifty (50) percent of the reasonable
market value at the time of the damage, the
building may be reconstructed or used as before,
provided such reconstruction is completed or such
use is started within six (6) months of the date of
such damage.
(d) When a nonconforming building is vacated,
the Director may attach, or have attached, a
notice to the effect that new occupancy shall
require conformance to this chapter, but the ab-
sence of such notice shall not relieve the owner of
full compliance with this chapter.
/ (e) Where any premises, whereon a building
containing a nonconfonning use is located, is
partially acquired by an official public body for a
public purpose, the use shall be permitted to
continue on remaining portion of the premises
under the following conditions:
(1) Where part of the structure is taken, an
amount equal to that portion required may
be added to the remaining structure.
(2) If the entire structure is acquired, a new
structure may be erected on the remaining
portion of the premises, if such premises
conform to the requirements of this chap-
ter, providing said new structure does not
exceed in size the original structure that
was taken.
5151
~ 33-35
DADE COUNTY CODE
(3) If such existing structure does not warrant
remodeling or relocating, then a new struc-
ture may be erected on the remaining por-
tion of the premises, providing the same
does not exceed in size the original struc-
ture and providing that the new structure
can be erected on the site in accordance
with applicable zoning regulations.
(4) If the existing structure is such that it can
be relocated on the portion of premises
remaining, then the same can be relocated
providing it complies with applicable zon-
ing and building regulations.
(5) Where a new structure is erected for sev-
eral uses and it is desired to reestablish a
nonconforming use, the same shall be per-
mitted providing the area to be devoted to
the nonconforming use shall not exceed the
original area devoted to the nonconforming
use.
(0 In the event a nonconforming use is created
by resolution pursuant to an application filed by
the Director, an application requesting a nonuse
variance or special exception pursuant to Section
33-304 of the Code which furthers the original
purpose and intent of the nonconforming use may
be filed at no fee to the applicant. The application
filed under this subsection must be filed within
twelve (12) months of the date the zoning resolu-
tion is transmitted to the Clerk of the Commis-
sion and shall orJy apply to those nonuse vari-
ances and special exceptions which are necessitated
by a change of zoning and that would not have
been required under the prior zoning district.
(Ord. No. 57-19, ~ 35, 10-22-57; Ord. No. 79-54, ~
1,7-3-79; Ord. No. 95-215, ~ 1, 12-5-95)
Cross reference-Definition of nonconforming use, ~ 33.
1(76).
Sec. 33.35.1. Hurricane relief regarding ex-
isting and nonconforming res-
idential uses.
Notwithstanding any other provisions of Chap-
ter 33 to the contrary, including but not limited to
Sections 33-34 and 33-35, all legal, nonconform-
ing residential uses and legal existing residential
uses (including but not limited to mobile homes
and manufactured housing) which existed on Au-
Supp. No. 16
gust 23, 1992, shall be permitted to rebuild in
compliance with all plans approved and of record
as of August 23, 1992 or in accordance with any
use and number of units permitted by a certificate
of occupancy then in existence. It is provided
however that no structure or portion thereof shall
be rebuilt in a zoned road right-of-way except in a
zoned right-of-way adjacent to a five-acre frac-
tionalline waived by the Director and the Direc-
tor of the Public Works Department, prior to
August 23, 1992. All rebuilding shall be in com-
pliance, and conformity, with all other provisions
of the Code of Metropolitan Dade County other
than Chapter 33. All building permits shall be
applied for no later than August 30, 1993. The
authorization provided in this section shall termi-
nate on August 31, 1993.
(Ord. No. 92-143, ~ I, 11-17-92; Ord. No. 95-215, ~
I, 12-5-95)
Sec. 33-36. Variances and conditional per-
mits.
The Director, as herein provided, shall have the
power to grant variances in the application of any
provision of this chapter, where no adjoining
property rights are interfered with, under the
conditions stated in this section, and to issue
conditional permits therefor for the following pur-
poses. Each conditional permit shall state a time
limit for the fulfillment ofthe condition governing
its issue and shall be revokable where said con-
ditions are not met, and a reasonable bond may be
required to assure fulfillment of such conditions.
(a) Pending zoning changes. Use of a lot or lots
in any subdivision pending the amendment
of district boundaries within said subdivi-
sion in accordance with recommendations
of the Director, provided a map of such
subdivision has been approved by the Di-
rector subsequent to the passage of this
Code and is duly recorded in the Office of
the Clerk of the Circuit Court of Dade
County.
(b) In au, Interim District. Use of land in
undeveloped sections of the GU Interim
District, before placing structures thereon
or making other new uses therefor, pro-
vided:
(1) Such uses are consistent with and not
in contravention with the require-
"
}
5152
ZONING
~ 1101
ARTICLE 11. NONCONFORMITIES
Sec. 1101. Intent; general definition.
1101.1. Nonconformities created by ordinance adoption or cTMndrrumt.
The following .hall be defined as nonconfol'IIling for the purpose o( this ordinance;
(al Lots;
(b) Uses of lands, water or structures, or lands or waters in combination with structures;
(el Structures; and
(dl Characteristics of use;
which exist within districts cstahlisb.edby this ordinance or later amendments and which were
lawful before passage or amendment or this ordinance, but which would be prohibited, regu-
lated, or restricted under the terms of this ordinance or its future amendment.
llOI.2. Nonconformities created by public taking or court order.
The term ''nonconforming'' shall also be construed to apply where lawful public taking
hll$ the effect.of creating what would be violations of zoning regulations currently in effect if
actions were taken privately, or where such ""LiuU>! are pursuant to the order of a court of
competent jurisdiction. Thus where such action reduces a yard below the minimum required
in relation to a stt'ucwre, the portion of the structUre extending into such yard ahall be
construed to be nonconConninll; and where such action reduces previously provided offstreet
parking or lo.ulinlr &paCe below requirements, the use affected shall be construed to have
nonconforming charaCteristics, rather than deemed to be In violation of the regUlations.
1101.3. In/ent concerninG ,wnconformilies generally.
It is the intent of this zoning ordinance to require removal or c-."Unll of certain of these
nonconformities. and to permit othen to continue subject to the terms of this zoning ordinance
until they are otherwise ret11O'o-ed, or cease, but not to encourage their survivaL It is further the
intent of this zoning nrdinance that nonconformities shall not be used as grounds for adding
other structures or uses prohibited elsewhere In the same district, nor shall nonc:onformities
be enlarged upon, extended, or ~~niled.
Nothing herein contained shaI1 be construed as prohI"biting change In t..nAn"f, ownership,
or management or a nom:onforming lot. use, or structure, provided such change is otherwise
lawful.
IlOl.4. Nor=n(orming uses specifically clecIm-ed to be incompatible with permitted uses.
Nonconforming uses are ilec1ared by this zoning ordj....n.... to be incompatible with per-
mitted uses in.the diatricts Involved. Nonconforming uses oCland or water. structures. or lend
or water and structure& in combwation Ihall not be eld;ended or enlarged after passage or this
zoning oMinance by addition or the same or other U8B6 of a nature generally prohibited in the
419
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY
AMENDING SECTION 2.02 "MAYOR AND VICE MAYOR"
TO REVISE PROCEDURE FOR APPOINTMENTS TO CITY
COUNCIL SUBCOMMITTEES, AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR"; TO CLARIFY ANNUAL
APPOINTMENT OF VICE MAYOR; AMENDING SECTION
2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING
OF VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE PROCEDURE FOR
FILLING VACANCY IN OFFICE OF MAYOR AND
REPEALING PROVISION WHICH PROVIDED FOR VICE
MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY MANAGER"
TO PROVIDE THAT CITY COUNCIL MAY BY ORDINANCE
REQUIRE CITY MANAGER TO FURNISH A FIDELITY
BOND; AMENDING SECTION 3.11 "CITY BOARDS AND
AGENCIES" TO PROVIDE FOR CITY COUNCIL TO
APPOINT MEMBERS OF CITY BOARDS; AMENDING
SECTION 5.01 "ELECTIONS" TO PROVIDE FOR
ELECTION OF MAYOR AND COUNCIL BY PLURALITY
VOTE, ELIMINATE RUN-OFFS, PROVIDE FOR
RESOLUTION OF TIE VOTES, REVISE COMMENCEMENT
DATE FOR TERMS OF ELECTED OFFICIALS; AMENDING
SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO ADOPT
ADDITIONAL CODE OF ETHICS REQUIREMENTS;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR ADOPTION OF ENABLING
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 6.02 (a) (i) of the Charter of the City of
Aventura provides that the Council may, by ordinance, propose
amendments to the Charter subject to approval by the electorate at
the next general election or at a special election called for such
purpose; and
WHEREAS, the Council has determined to submit certain proposed
Charter amendments for approval or disapproval by the electors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
1
OF AVENTURA, FLORIDA, AS FOLLOWS':
Section 1. That Section 2.02, "Mayor and Vice Mayor" of the
City Charter, is amended by revising subsection (a) "Mayor," to
read as follows:
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 , with the consent of the
Council. create and appoint sub-committees of
the Council consistinq 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.
Section 2.
That Section 2.02 "Mayor and Vice Mayor" of the
City Charter, is amended by revising subsection (b) "Vice-Mayor" to
read as follows:
Section 2.02. Mayor and Vice Mayor.
(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 eaCR re~ular
City clcc::tioR, or in aRY calcnaar YC;J.r in
~..?hich there io no rC~l:lla.r City election, at
the first CouRcil lI\ectiR~ in the month of
November of SUCR year, the Council shall elect
one of its members as Vice-Mayor.
Section 3.
That Section 2.05 "Vacancies; forfeiture of
'Underlined text has been added; Gtruck throu~h text has been
deleted from existing language.
2
office; filling of vacancies" of the City Charter, is amended by
revising subsection (c) "Filling of vacancies" of this Section, to
read as follows:
Section 2.05. Vacancies; forfeiture of
office; filling of vacancies.
(c) Filling of vacancies. A vacancy on the
Council includinq the Mavor's oosition shall
be filled
(i)
as follows:
If the vacancy occurs on the Council
and less than six months remain in
the unexpired term, the vacancy
shall be filled by vote of the
Council. If the vacancy occurs in
the office of Mavor and less than
six months remain in the unexoired
term, the vacancy shall be filled bv
vote of the Council from amonq its
members.
(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.
~ If the P1ayor' 0 pooitioR beaomen
~v-O::1.c;J,nt I t:A.c '="Ticc P1ayor Dhall
com!31ete the term of Player. The
~ac:1.ncy thUD crc:1.tca on the Council
ohall be fillea in the manner that
the ....ac;J,Rcy of a CouRcilmcmbcr in
~cRerally filled under this Charter.
The Council ahall then D.El!?oint a ne..;
3
Vice pqayor.
-f'v+ ii.Yl
Vacancies in Northern 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.
-f-v4+ lYl
Persons filling vacancies shall
meet the qualifications specified
in this Article II.
(',;ii)lY.il
If no candidate for a vacancy meets
the qualifications under this
Article for that vacancy, the
Council shall appoint a person
qualified under this Article to
fill the vacancy.
(viii) (vii)
Notwithstanding any quorum
requirements established herein, if
at any time the full membership of
the Council is reduced to less than
a quorum, the remaining members
may, by majority vote, appoint
additional members to the extent
otherwise permitted or required
under this subsection (c) .
~(viii)
In the event that all the members
of the Council are removed by
death, disability, recall,
forfeiture of office and/or
resignation, the Governor shall
appoint interim Councilmembers who
shall call a special election
within not less than 30 days or
more than 60 days after such
appointment. Such election shall
be held in the same manner as the
first elections under this Charter;
provided, however, that if there
4
are less than six months remaining
in the unexpired terms, the interim
Council appointed by the Governor
shall serve out the unexpired
terms. Appointees must meet all
requirements for candidates
provided for in Article II.
Section 4. That Section 3.05, "Bond of City Manager" of the
City Charter, is amended by revising this Section to read as
follows:
Section 3.05. Bond of City Manager.
The City Council may provide by
ordinance for ~ the City Manager ohall to
furnish a surety fidelity bond to be approved
by the Council, and in such amount as the
Council may fix., said Bond to Be oORditioRed
on the f~ithful pcrforffi~ncc of hio/her
duties. The premium of the bond shall be paid
by the City.
Section 5. That Section 3.11 "City boards and agencies" of
the City Charter, is amended by revising this Section to read as
follows:
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
P1ayor sUBjeot to the appro-,ral of the Council.
Section 6. That Section 5.01 "Elections" of the City
Charter, is amended by revising this Section to read as follows:
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
5
elector of the City.
(b) Nonpartisan elections. All elections
for the offices of Councilmember 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. ~~ FUn. off clcctioa, if FlcccElonry 1
oh.:111 be helo iFl. no.v.cmbc:I: of each c.,;':cn
numbered year I on the Dame clay u. c .
con.grcosional clcctiono arc held, or if none
are hela in any year, on the firet Tueeday
follmdng the firot 110naay of eaia 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. The candidate
receivinG the hiGhest number of votes in the
election for Mavor shall be duly elected
Mayor. The candidate receivinG the hiqhest
number of votes in the election for a Council
seat. shall be dulv elected to that Council
seat. If a tie vote occurs in the election
between two (2) or more candidates for the
office of Mayor or for anv Council seat (s) .
the tie shall be decided bv lot under the
direction of the Citv Clerk. If any canaiaate
for P1.J.yol: :cccci .y.co a number of .\'yotC6 !3'Tcatcr
than so~ of the total number of ballots cact,
ouch candidate ohall be the duly elected
H.J.yor I 3.Fld no run off election for P1.::tyoJ: oh;:).ll
be requirea. If any canaiaate(e) for a
Council OC.:lt rccci.v.c (::J) a number of .y.otco
greater than so~ of the total number of
ballato cact, ouch canclidatc(o) ohall be duly
elected to the Council and no run off election
for th.J.t Council ocat(o) Elhall be required.
(e) Run off eleetion. The Ballot for the
run off election ahall cORt~ifi the RameD of
6
the t-.;o c,:u~aiaates for P13.yor, if applic:llalc,
:tna the n:tmes of the t-.Je cancliclatcs fer each
C01:lRcil oeat \;he recci ~..~cd the most -...oteo in
the general election. The s3.llot ohall
inotruct clcctoJ:o to cast one -,..ote fer P~ayor
:tna to cast ene yote for each Council oeat,
......i th a maJr:imum af one -..~ote pel: cancliclate. 'PRC
canaid3.te for pqayor rccei ....in!3 the moot ~..-o:oteo
oh3.ll BC the duly electea P1ayor. Tne
c:tndia3.tc for eacR Council oe3.t recei~ing the
fRoot yoteo oRall be duly elccted to tEat
Council neat.
JJU. +€+ 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.
1Il~ 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.
19l-ffi+ 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.
J..h.L +H- Commencement of terms. The term of
office of any elected official will commence
oe~eR days felle-.:iRg the aay of the re!3ul3.r or
opccial election 3.t -..:hich o/hc is clectca. Q!1
the first Tuesdav of the month of November.
Section 7. That Section 7.03 .Conflicts of Interest; ethical
standards. of the City Charter, is amended by revising this Section
to read as follows:
Section 7.03. Conflicts of interest; ethical
standards.
All
employees
standards
employees
Councilmembers, officials and
of the City shall be subject to the
of conduct for public officers and
set by Federal, State, County or
7
other applicable law. The Citv Council mav
adoot additional standards of conduct and code
of ethics reauirements that are not
inconsistent with Federal. State. Count v or
other applicable law.
Section 8.
Form of Ballot.
The form of ballot for the
Charter amendments provided for in Sections 1 through 7, inclusive,
of this Ordinance shall be as follows:
1. APPOINTMENT OF COUNCIL SUBCOMMITTEES.
The Charter currently permits the Mayor to create and appoint
subcommittees of the Council. The Council has proposed that the
Charter be amended to provide (1) that Council subcommittees
consist of two or more Councilmembers and (2) that consent of the
Council shall be required for the creation and appointment of
subcommittees.
Shall the above described amendment be adopted?
Yes
No
2. CLARIFICATION OF APPOINTMENT OF VICE MAYOR.
The City Charter currently provides for a Vice Mayor to be
appointed each year. The City Council has proposed that the
Charter be amended to clarify that the appointment of Vice Mayor
shall be made at the first Council meeting in November of each
year.
Shall the above described amendment be adopted?
Yes
No
3. FILLING A VACANCY IN OFFICE OF MAYOR.
The City Charter currently provides that if the Mayor's position
becomes vacant, the Vice Mayor completes the Mayor's term. The
Council has proposed that the Charter be amended to provide that a
Mayoral vacancy shall be filled by vote of the Council from among
its members or by special election, depending upon the length of
the unexpired term of the Mayor and the occurrence of an election.
Shall the above described amendment be adopted?
8
Yes [ ]
No []
4. CITY MANAGER'S BOND.
The present City Charter provides that the City Manager shall
furnish a bond but does not specify the type of bond. The City
Council has proposed that the Charter be amended to provide (1)
that the City Council may by ordinance require the City Manager to
furnish a bond and (2) if such bond is required that the form of
bond is a fidelity bond.
Shall the above described amendment be adopted?
Yes
No
5. APPOINTMENT OF MEMBERS OF CITY BOARDS AND AGENCIES.
The City Charter currently provides that the members of boards and
agencies of the City are appointed by the Mayor, subject to the
approval of the Council. The Council has proposed that the Charter
be amended to provide that members of City boards and agencies be
appointed by the Council.
Shall the above described amendment be adopted?
Yes
No
6. ELIMINATION OF RUN-OFF ELECTIONS AND MAJORITY VOTE
REQUIREMENTS.
The City Charter currently provides that run-off elections are held
if greater than 50% of the total number of ballots cast are not
received by any candidate for Mayor or Council. The Council has
proposed that the Charter be amended to eliminate the 50%
requirement and provide that the Mayor and Council seats be filled
by the candidate(s) having the greatest number of votes, thereby
eliminating run-off elections.
Shall the above described amendment be adopted?
Yes
No
9
7. CODE OF ETHICS.
The City Charter currently provides for Councilmembers, officials
and employees of the City to be subject to standards of conduct
established by applicable laws. The City Council has proposed that
the Charter be amended to provide authority for the Council to
adopt additional standards of conduct and code of ethics
requirements.
Shall the above described amendment be adopted?
Yes
No
Section 9.
Severability.
The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reaSOn be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance, but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 10. Inclusion in the Charter. 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 Charter of the
City of Aventura, Florida, as to each Charter amendment measure
approved by a majority of voters voting On such measure in such
election; 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.
Enablinq Resolution.
The City Council shall
provide for enactment of an enabling resolution submitting the
10
proposed amendments to the electorate pursuant to Section 5.03 of
the Dade County Charter.
Section 12.
Effective Date.
This Ordinance shall be
effective upon adoption on second reading, and each of the Charter
amendment measures provided herein shall be effective only upon
approval of a majority of electors voting on the measure, effective
upon certification of the election results.
If conflicting
amendments are adopted at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of
such conflict.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. The 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
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
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
11
PASSED AND ADOPTED on first reading this ___ day of
, 1997.
PASSED AND ADOPTED on second reading this ___ day of
, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL~IENCY:. f'
CITY ATTORNE~ ~~
328001\Ordinance\Election
12
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Proposed Code of Ethics Ordinance
1S1 Reading April 15, 1997 City Council Meeting Agenda Item :L.8
2nd Reading May 6, 1997 City Council Meeting Agenda Item _
RECOMMENDATION
A subcommittee, consisting of Vice-Mayor Arthur Berger, Councilmember Jay Beskin,
City Attorney and City Manager, met to discuss a proposed Code of Ethics Ordinance
for the City. The attached Ordinance is the result of the efforts of the subcommittee. It
is recommended that the City Council adopt the attached Ordinance establishing a
Code of Ethics for the City.
BACKGROUND
Based on concerns expressed by members of the City Council regarding potential
conflict of interest issues and to protect the integrity of government, a subcommittee
was appointed. Many of the ethics issues are already addressed in the State of Florida
Code of Ethics for public officers and employees, State Statute 112 and the Dade
County Conflict of Interest and Code of Ethics Ordinance, Section 2-11 Dade County
Code. The proposed Ordinance adopts and incorporates these laws and regulations.
Therefore, a majority of the discussions centered around issues not covered by existing
laws. The main issue not included was possible conflict of interest issues regarding
Advisory Board members.
The proposed Ordinance establishes the following provisions relating to Advisory Board
members:
(1) No member of any City Advisory Board shall vote on or participate in any way in any
matter presented to the Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or directly affected by any
action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(2) Any Board member who has any of the above relationships or who would or might,
directly or indirectly, profit or be enhanced by the action of the Board shall absent
himself or herself from the Board meeting during the discussion of the subject item
and shall not vote on or participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the interpretation or application of
this section to his/her particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney shall review the facts of
the particular matter and shall provide an opinion to the Board member.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC027697
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
ROY J. BARQUET
STEPHEN S. BODDEN
NINA L. BONrSKE
DANIEL H. COULTQrF
L. ROBERT ELIAS
EOWARD G. GUEDES
STEPHEN J. HELFMAN
.JILL A. JARKESY.
SUSAN LEVINE
GILBERTa PASTOR1ZA
ELLEN N. SAUL.
GAIL O. SEROTA.
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WDLPIN
STEVEN W. ZELKOWITZ
su ITE 420
MIAMI, FLORIDA 33133
BROWARO OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (954) 763-1189
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
April 8, 1997
PALM BEACH OF"FICE
1872 SOUTHWEST 17TH STREET
BOCA RATON, FLORIDA 33486
TELEPHONE (561) 392-8762
TELECOPIER (561) 392-7551
.OF COUNSEL
Teresa M. Smith, CMC
City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
Re: Code of Ethics Ordinance
Dear Teresa:
Enclosed please find a copy of the captioned draft ordinance
for placement on the next Council Agenda.
Please give me a call if you have any questions regarding this
matter.
Sincerely,
yC\;? C2
Nina L. Boniske
NLB/dg/328.001
cc: Mr. Eric Soroka
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING A CODE OF ETHICS; PROVIDING A
PENALTY; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida and Metropolitan Dade County
have recognized the need to establish standards of ethical conduct
for their public officers and employees by adopting a "Code of
Ethics" applicable to the public officers and employees of the
State, the County and municipalities, including the City of
Aventura; and
WHEREAS, the City Council finds it in the public interest to
establish standards of ethical conduct for its public officers and
employees by adopting ,a City "Code of Ethics" in order to protect
the integrity of every level of government and to insure that
government will be respected and trusted by the people.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Leqislative Intent.
(1) It is essential to the proper conduct and operation
of government that public officials be independent and
impartial and that public office not be used for private gain
other than the remuneration provided by law. The public
interest, therefor, requires that the law protect against any
conflict of interest and establish standards for the conduct
of elected officials and government employees in situations
where conflicts may exist.
1
(2) It is the policy of the City of Aventura that no
officer or employee of the City, shall have any interest,
financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any
obligation of any nature which is in substantial conflict with
the proper discharge of his or her duties in the public
interest. To implement this policy and strengthen the faith
and confidence of the City's residents in their government,
the City of Aventura will enact a Code of Ethics setting forth
standards of conduct required of the City's public officers
and employees, in the performance of their official duties.
It is the intent of the City that this code shall serve as a
guide for the official conduct of the public officers and
employees of the City.
Section 2.
Code of Ethics.
The conduct of the public officers and employees of the City
of Aventura shall be governed by the Code of Ethics of the City of
Aventura which shall include:
(1 )
Officers
Statutes,
The State of Florida "Code of Ethics for Public
and Employees", codified in Chapter 112, Florida
as may be amended from time to time, and
(2) The "Dade County Conflict of Interest And Code of
Ethics Ordinance", codified at Section 2-11 et. seq., Dade
County Code, as may be amended from time to time, and
(3) Any provisions that the City Council may adopt from
time to time in addition to those set forth in subsections (1)
and (2) above.
Section 3.
Board Member.
(1) No member of any City Advisory Board shall vote on
or participate in any way in any matter presented to the
Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or
directly affected by any action of the Board or, if in any
instance, the matter would affect the member in a manner
distinct from the manner in which it would affect the public
generally.
(2) Any Board Member who has any of the above
relationships or who would or might, directly or indirectly,
profit or be enhanced by the action of the Board shall absent
himself or herself from the Board meeting during the
discussion of the subject item and shall not vote on or
participate in any way in said matter.
2
(3) Whenever any Board member is in doubt as to the
interpretation or application of this section to his\her
particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney
shall review the facts of the particular matter and shall
provide an opinion to the Board Member.
(4) For purposes of this Section, the term "Advisory
Board" shall refer to the members of those City Advisory
Board's whose primary responsibility is to provide
recommendations or advice to the City Council.
Section 4.
Penalty.
In addition to any penalties that may
be prescribed by the State of Florida or Metropolitan Dade County
in their Codes of Ethics, a violation of any provision of this Code
shall additionally be punishable by a fine not to exceed $500.00.
Section 5.
Severability.
The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 6.
Effective Date.
This Ordinance shall be
effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first 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
Councilmember Ken Cohen
Councilmember Harry Holzberg
3
Councilmember Jeffrey M. Perlow
Councilmember patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
____, who moved its adoption on second reading.
The motion was
seconded by Concilmember
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 M. Perlow
Councilmember patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of
, 1997.
PASSED AND ADOPTED on second reading this
day of
, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
328001\Ordinance\Ethics
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: July 3, 1997
TO: City Council
FROM: Eric M. Soroka, City
SUBJECT: Proposed Development Moratorium for Certain Districts
Prior to the adoption of the City's Comprehensive Plan, development activities may
take place in areas in the City that may not be in conformance with the policies that will
be established by the City Council. My concerns relate to two areas in the City. The
area surrounding the hospital in the northwest portion of the City, and the area adjacent
to Thunder Alley. Several Councilmembers have expressed their desire to ultimately
change the land use and character of these two areas. This process would normally
take place during the development of the Comprehensive Plan. In order to ensure that
development does not take place during this interim period that would not be
compatible with the ultimate desires of the Council, I am recommending the City
Council investigate the possibility of declaring a building moratorium in said areas.
I have placed this item on the Workshop agenda in order to obtain Council's direction
and approval to request the City Attorney to investigate this matter and report back.
EMS/tms
CC0321-97
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, Cit
DATE: July 3, 1997
SUBJECT: Requests for Funding
Section 7.05 entitled "Charitable Contributions" of the City Charter states that the City
shall not make any charitable contributions to any person or entity, except such
contributors as have been approved by six Councilmembers.
Recently, the City has received two requests for funding. I would like to obtain direction
from the City Council regarding a general policy regarding such requests. I have placed
this matter on the Workshop Agenda.
EMS/aca
CC0320-97
North Miami Foundation
For Senior Citizens' Services, Inc.
June 6, 1997
Mr. Eric Soroka, City Manager
City of Aventura
2999 N.E. 191" Street, Suite 500
Aventura, FL 33180
Dear Mr. Soroka:
Thank you for meeting w~h Lee Watts and myself this morning. As we discussed during our meeting,
the North Miami Foundation was established in 1974 to provide frail seniors with the supportive services
needed to remain independent in their own homes. Our goal is to maintain and, hopefully, improve their
quality of life.
We provide services to seniors who reside in the North Dade area. Since shortly after our inception, we
have served the municipalities of North Miami, Miami Shores, EI Portal and Biscayne Park. We also
serve areas of Unincorporated Dade County.
Our core services include counseling, companion/home health aide care, transportation/escort to doctors
and shopping, and home delivered meals. Last year, we delivered over 45,844 meals and transported
seniors on over 12,085 trips. We also have one of the most extensive volunteer programs for seniors in
Dade County. Last year we provided over 25,835 hours of chore service, 34,533 hours of friendly
visiting and 59,773 telephone reassurance calls through the efforts of volunteers.
In March, we hosted a two-hour educational seminar at Aventura's Point East Condominium which
featured a presentation on tools for independent living. A short survey was passed out to enable us to
get a sense of the needs of the individuals in attendance. Over 75 completed surveys were retumed.
The majority, of which, cited a need for information regarding available services. In a small way, we
have begun to meet that need by preparing an additional 1,200 copies of our monthly newletter and
delivering it to Point East residents.
In an attempt to begin to further assist Aventura seniors, we request $15.000 from the City of Aventura.
With these funds, we will station a trained social worker part-time in Aventura to: assess the needs of
elderly residents, provide information and referral for available services, act as an advocate by assiStjll9
in problem resolution, coordinate volunteer services, and render crisis intervention through short-term
counseling or the provision of emergency services (from approximately $2,000 in grant dollars which will
be held in reserve to purchase emergency meals, home care, etc).
We would like to make a presentation to Aventura City Council in order to familiarize them with our
agency. We will be able to implement services immediately after a decision is reached. Please contact
me if you require any additional information.
J:}cc<[}
Debbie KleinbeLJ..(j
Executive Director
cc: Lee Watts, Office of Senator Gwen Margolis
RECEIVED
,IIIN 0 9 1997
OFFICE OF THE
em MANAGER
620 N.E. 127th Street, North Miami, Florida 33161 . (305) 893-1450 . Fax (305) 899-1505
Sen. Gwen Margolis
Botanical Learning Center
at
Virginia A. Boone
Highland Oaks Elementary
June 19,1997
The Honorable Ken Cohen, Councilman
City of Aventura
2999 Concord Center Drive, 5th Floor
Aventura, Florida 33180
Dear Ken,
Thank you for attending yesterday's groundbreaking event. On behalf of the
B.L.C. Committee, I want to express our sincere appreciation for your interest in
assisting us with this worthwhile endeavor for the students of Virginia A. Boone
Highland Oaks Elementary School.
We checked our roster and found that more than 100 students who attend
VAB.H.O.E. reside in Aventura. This outdoor learning center will truly enhance and
enrich their educational goals.
As you requested, I have enclosed a brief overview, mechanical drawing and
newspaper clippings related to this project. If you need any further information, or if you
would like our Committee to make a presentation to the Mayor and Council, we would
be happy to do so.
Please convey our appreciation to Mayor Snyder, Eric Soroka, and your
colleagues who also attended the ceremony. Thanks again for your support and for
being such a good friend.
Warm regards,
Lauren Morris, Treasurer - B.L.C.
Community Relations Representative
VAB.H.O.E.
cc: Sue Ann Wendover, Principal
enclosures
20500 NORTHEAST 24'h AVENUE, NORTH MIAMI BEACH, FL 33180
PHONE (305) 931-1770 FAX (305) 936-5722
The Senator G\Y'ill Man!:olis B<;>Iil.flical LearningreJ!H~r
3800 S. Ocean Dr
Suite G-9
Hollywood
Florida 33019
954.455.2700
FAX 954.455.28:
The Senator Gwen Margolis Botanical Learning Center, located on the grounds of the
Virginia Boone Highland Oaks Elementary School will provide a class room without
walls Ihat will continue to evolve and allow our e1ementarl' school children to experience
and participate in the creation of a tropical paradise
!\iestlcd bel ween the existing classroom pods, just outside the school's media cenler, Ihe
1"<1I"e! ClIve" approximately I,~ acre The project, \\hen complete, will include a Iropic;"
plant \\alk a xcriscapc, a herb garden, it butterlly sanctuary and an cngl aved bl ick
\\alkway to honor graduating c1asse, In addition to the outdoor classroom, the many
unique garden experiences will be Illl1her enhanced by the naturally balanced ponds and
w<lter/idl
Thc dcsign and consult of Hugh Johnson, Architectural Alliance and Andy Wilkin,
Wilkin Design, provides fix the use of palms. native plants, llowcring specimens,
al "llul ic I'arietals, ;:nd many other low maintenance ground covers
:\ spirited collaboration between pi ;1'1tc' industry" The P I' :\ , The Dade ('ounty Public
Schuol Svstem and the generolls commitment of time and funding hy many in this
cOl11munitl' will hopefully insrire <'th,ns elsewhere that might enhance the k'arning
"'periellcc 01 our children,
~_:1-~ I
J.
fll
..J.
qJ~
>-
z
z
=>
en
.
:1:..
().
~.
!D",
S!
c(
5!:
:I:
I-
a:.
o
z
.
~~."
::;
~~
i~~
z .
a:
~QQ' .
.
en .
UJ
a:
i='
~
~
::i
.
5~"
i'1i
!D
Z
~Z
c(
I-
a:
o
a..
-'
UJ
II
YO
a:
c(
a..
UJ
z
>-
c(
()
(f)
in
II
c(
a:
=>
I-
Z
UJ
>
<<'
>-
<(
.0
z
::>
(/)
1'-.
m
m
~
.0.
~.
w
.Z .,
.::>
....,
ii
I
i I
i~1
i~
,....
I~
iP
!el
l@S.i
t~j
101
i I
i~1
i~
:P
O.
'~'
, I
I ,'~I
,. I
i' I
IQ,
ig
I....
'M
I~
i~
iO"
I~.~.....,.'...
j....
'....c..
,.'".-
. .
!
.i
i
iJ
'"
>-
'"
o
z
w
~ fa,) i
~ t.,~ ~;,
C4iJ["' ~: -E;;
3J :' "d'!iil', ~.8
~ J: .. '\"';:;
...." .\'. . n. . ,.. c
""" a '~"\'.I""""-
ELt. ...~-,.~..s
~ . f1J~",-?' ~t)
.Mid ""~ ~ ., ~ e
z .~~. \0' 3:5:
5l .~ .....-
s" ~ ,"''r,j':'
~ #1~F .5i;'
~~'\II''''''':' e:5.,'
~ '.'~I''''!'l. -ue.
~. ''';l~ . - ..... 0',
''''i'i''1-' "'..,'
~l ~a.'\......~i:. ~~'€
"' J~::tl' ."'.: .~~.~~ ~{i:~
="' .......... ,", . e.'"
. ~ :?'. "'''!. i;-- ~'c c
~ . :0 e~
. '-'- 1..0
1 ~'.' 5~'(j
1 - u..c:
! lJ.. 00....
'. jIIIII( ".5'"
~ .~EClQ
-L.....l ~~g
",..... c_o
r
t -~"(15
! ". Ji-I
r '
\'~
f ...:1PI(
.'~
~
=:;
,"
i
,
~
,
I
.,
r
r
I
..
f
(
'"
(I'}
~
~
o
'"'d
==
:.~
,.....c
..=
'QIJ
....-4
~
~
r
f
,
.
,
.
.
..
..
i
(
I
!
,
I
l
o ..- I Cl) C ...... 0
.o~Bcc...... (OJ....
_ 0'0.,8.-8 c ,tb.~.
:::4) 04.1' .-
";>. CI) .....J:)t> cG ~.o...:
:;lo('j.... .J:JOI) Cl) OJ
..r:: ~:::I 0-<<1 ..o~'ii'
~p..8,'~-",03: .
C en f3 ~"2.= - -~'5~
8~ecO"5~ cwo
cO~ rt"'O.o . ._:g.~.
DO-al'G,5;c ~ ..g:.a_cO.
.S ~ea"fio' ..~.,.u::s'
e.5:.u ~ CI) 0\ -.0"
cG"'O;='t:1.~-fi t:;.:~-s:":
O_V;.c 5...0'O....c - 0
'7'V to> _""O~ e- ._fO 0
v-'--.C= V'v ;.....a:::--5
.c-Q".,d 4.11:)'" v'. .....:- w
f- e3:'E 2~ is.'::~,,
'8-.5Iitj~~". '.'c~-5
fI) ~ ~,~.c:,;,.....-.c ~
i:8aSo~c-5'4.I.8
o E.c co t'lI. . ,e.....
-g -0 cO.~,~ m.!!:''O
.....0 0 ....0 L4 ",," C
"""'(1)."'''''''0_'':""
,.' '- vi E u<<:: ::s GJ
.-,8 o.'~ o=: . goc"B
... g::r:~'o ~ 0.8 t;
>-'~'~'"o'" 0_ coe
_ co ur- II) C-.c u
-0" =00.-._.....
~ 1;]. e.2!'3: e.5
...u...:.:-"'O"'O.....5-
rn..l::"'O'-'-.= cO_ cO
cO....c--:O .s::_.c
~'OcO::::J~u-B-
c 1.8 c.., .-"
...._ as u.....co t:....,",,:
-..I::....... "0,". c.:g >,.
; .8t>~==~o~
.........._ rn ot,;..;;:.Jj...
""
-
......
;:j
..0
o
.....
I-<
V
.....
c:
v
u
""."
0..::: c
B~cG
.~." C
~:ru cO
><""
Co
...., c
01Jl
-:2 >.
~:tc:
'" ...
:::.. rnU .
~...-c
c:iu
....g.o"E
:;o.m:O
-" .
c,;.."L:t..Q
.- u'"
. ......u
-co<<s.c:
11.s~ ..
-
o
.g
en
--<
.c:<:l
U
......
c:
.c:<:l
.....
o
..0
'" I'" .
.... -'-'"
'0 B~g
oo",ov...
~v>ct;)
'o::'c"Ot'lIc
"::ot'llV;O
U 0000
C c"
o aOo- 0
~c~==....
0'-;;; ~
E", 10
I...~.::: 0
ou..... 0
(:;-11...'0..0
c 3.;;,....
u-~ o~
~B~c.
o'c23 (..1"'0
..r:; ~ .-..r:;~
!---c....r:J
~ ~~ E
~."
C"
8,0;
"'c
,,0
e'"
.=~
.".-
~,g ~
~ln'~
....... C
~ u 2-
u.!;;E
.c.Oo
~Ci.C,)
o()~
.c..c.'"
0_0
" -
....c:>,
"" 0..0
0"0 U
"'O::J_..c:
l'!;;;.,,-
iibl,l)u......
...:.a6i,"
~"'O.-..8
"c:l..
cSt'lI"O
",,,,,,,
<...0,-.--
ot...5
Ou_
-0'"=:".......
_~c::::J
.- ' u-
"5 i:-u en
t:.ctluu
'c;U..c:.c
.........-
..0" .
..,"'..,
<oco
coucO
BooB
'~~5.a
o"'.c.o
o.t;~ z_
g.. v co.
...:9:"': v
ulhU"'O
;..::; c..a
Oouo
o .(,) c
=e .-
.- u co::::
~ co.....-
c..!."'O,3:
I-o_CU
~ (Q E.~
c.., .
8t'l1V)~
;>,.:....~
u_ 0 Co
..c;~OE
f-o "''''' 0
e'"
"'''
-g~,~*? VlCO. I
..... oJ_ C c:';'o
C'J c cu 0 In ~.... ~,~
::c 'Oct> '--' ....-
'~~cut'll-5 .:;~EC.
:r: '" 11-0 tf) 2t5.~
e g ~ t,)'G.~ ~ .
0.0 -:='->OVl
a: g >.:=tl tc-o":":
we c~r;s<<l"" ~(';Juc:<<I
c:::I..."O~c t;C,o.l)uO
~ ~(3"'e t;:oc:::-o
::r: . c:::: 0 Ql) () .....- c
(/) <(~-gc,= uoEg~
("3.~.~~~~E ~:g~<:~
cn~.=l..:J-o~g .....o-g:r:
(/)-0 t:JVl C E- vi c.o eU1'-
~lV'-~::l oc:-_~"Oo
>.Q:i> (';:; e 0 0 u - ::= t::t.c;2
(OJ: Oooe"O"O ~C:lho.
J94
..
~
AVENTURA NEWS
June 18.24,1997
Ground Breaking "Biome" at Highland Oaks Elementary
BY DAtJ; MILLER
The moral of this story is: never tell a fourth.grader 'It can't be done."
He or she is likely to prove you wrong.
When the first shovels cut into earth today (Or the new "Biome" at Virginia A.
Boone Highland Oaks Elementary School. It. Y(iU be a culmination of four years
of effort by the fourth grade students of Cary Monis 's clus who wanted to build
a replica of the Miami River rapids. ..
Never heard of rapids on the Miami River. you say? Four years ago, neither
had they. But when Morris told.his studen~that ~ could earn extra credit by.
doing research projects, the long-lost waterfall was rediscovered. . :
"Plorida history is taught to all of the. fourth graders. and 1 was always
involved in the environment. so my class adopted the Everglades." Morris said.
.. As part of one of their projects, they found out that at the top of the Miami River.
at one time. there were rapids:'
.\pproximately 450 feet long with a drop of about six feel. there was also once
a small mill at the waterfall where local plants were ground into Oour. Today.
very little. if anything. remains. The changing water patterns of the river of grass
and the impact of man has all but destroyed the natural spectacle.
But that didn't deter the founh graders in Morris' class. Using pictures and
descriptions. they built a non.working scale model in the classroom. Then they
decided to build a larger model outside.
Morrisjust sat bact and lei the kids run with the project.
""They used. everything across the cuniculum." Manis said. -rhcy used math
to figure out the- scale. of the model, they used their Aorida history skills and
concepts tosee what it looked like, they used their science to see how the wlter
should flow and what kind of local flora and fauna should be included and they
used their writing skills to write the repons ana the research papers:'
As much as the kids wanted tQ build their replica, money had to be raised to
build it. Then. as if by providence. one of the school's fourth graders cotored,
and won, a national poster contest sponsored by Shel1 Oil and the National
Football League. In addition to the trip to the Pro Bowl in Hawaii. the school
received a $2.500 grant to be used any way they saw fiL
Everglades projecL
, ,J1:lcI.l. miraculously. the very next year another foonh grader from Highland
,.. oib-Ivon.the same contest. and another $2.500 for the project.
"Now we're armed with some decent money." said Monis. ""The principal
found a place - an open field in front of our media center- and after that, the
grassroots swen started."
Jonathan Fels. a developer with Brookman.Fels Construction Corporation,
offered to develop the project. Senator Gwen Margolis offered her suppon.
Hugh Johnson of Architectural Alliance drew the plans and Andy Witkin of
Witkin Design Group did the landscape architecture.
The first stage of what is now the Senator Gwen Margolis Botanical Learning
Center will be ready by the time the students return in the fal,l. Designed to be
an outdoor classroom, it wiU include an herb garden. a xeriscapc water garden
and a butterfly structure where larvae wm be hatched into adult butterflies.
""This wili be a growing. living biome and every year the kids wiU add to it
and learn from it." Manis said
"From the .heartbeat of little children, it came to this," he beamed.
~ 0
/ ~
/
- -
~ ~
,
-; ~
-
~ g
~ 7, ~
~ -
z. -;
7_
;!
/
::;: ~
~ ~
~ ~ L,
c:: ~: '
.... ,,: ~
z
.
~
~
g ~CC:
w
:r.
Q
Z
-
Z
e::
-0(
~
...l
...l
-0(
U
Z-z
.~
<Q
f-e::
0<
c:lQ
~
'"
<
I-
Z
~
:?:
'"
i;l ~(l)
(JO_~@
~ ~ ~,~
C. c;"
~ ~ ;~~
~ ~ ~~~~-~
~ ~ ~i~~~
'i";:
:,;'c
: < ~ ; ,
n~n