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09-16-1997 Council Meeting
City of Aventura Arthur I. Snyder, Mayor Jeffrey M. Perlow, Vice Mayor Councilmembers Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Patricia Rogers-Libert Council Meeting September 16, 1997 7:00 P.M. Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 AGENDA ~1. CALL TO ORDER'd~OLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: Council Meeting - September 2, 1997 Council Meeting - September 9, 1997 4. AGENDA: Request for Deletions/Emergency Additions $. SPECIAL PRESENTATIONS: CertificateofAppreciation-MayorHowardPremer 6. CONSENT AGENDA: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-28 WHICH REQUIRES ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE September 16, 1997 Council Meeting Bt CITY; DELETING THE REQUIREMENT FOR QUALIFIERS TO PERSONALLY APPEAR AT THE TIME OF REGISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (Provides that qualifiers need not personally appear at the time of registration with the City, but must provide the City with signed and notarized application) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING QUALIFICATION PERIOD FOR FlLING TO RUN FOR ELECTION TO OFFICE OF COUNCILMEMBER OR MAYOR; PROVIDING FOR SEVERAB1LITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (Provides a qualifying period for filing to run for office) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO TFIE ATFACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes execution of an agreement with Dade County for a grant to the City to be utilized to implement crime prevention programs and maintain the reverse 911 communication system) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SUPPORTING AND ENDORSING THE HUMANITARIAN FOOD DRIVE TO BE SPONSORED BY SOUTH FLORIDA FOOD RECOVERY AND THE METROPOLITAN DADE COUNTY FIREFIGHTERS AND FIRE RESCUE DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (Supports the Humanitarian Food Drive sponsored by South Florida Food Recove~y and the Metropolitan Dade County Fire Rescue Department) 2 September 16, 1997 Council Meeting 7. PUBLIC HEARINGS: A RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING THE RATE OF THE STORMWATER UTILITY FEE FOR THE CITY OF AVENTURA STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING: Ao AN ORDINANCE OF THE CITY OF AVENTURA, FLOR1DA, (THE, "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA, WHICH INCLUDES ALL INDUSTRIALLY ZONED 0U-I AND 1U-2) PROPERTY, (EXCEPT FOR: THAT CERTAIN INDUSTRIALLY ZONED PROPERTY LOCATED NORTH OF NE 187TH STREET, WEST OF NE 29TH AVENUE, SOUTH OF NE 191ST STREET, AND EAST OF BISCAYNE BOULEVARD, AND THE INDUSTRIALLY ZONED PORTIONS OF TRACTS "D" AND "E" OF THE PLAT OF BISCAYNE COMMERCIAL IPB 143, P 38]), AS DEPICTED ON EXHIBIT "A", AND THE HOSPITAL AREA, WINCH INCLUDES THE AREA BOUNDED ON THE NORTH BY THE NORTHERN LINE OF THE CITY LIMITS, ON THE SOUTH BY NE 203RD STREET/IVES DAIRY ROAD, ON THE WEST BY THE WESTERN LINE OF THE CITY LIMITS, AND ON THE EAST BY BISCAYNE BOULEVARD RIGHT-OF-WAY, AS DEPICTED ON E3~H1BIT "B", NVITHIN THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN. 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. 3 September 16, 1997 Council Meeting RESOLUTIONS: None '10. OTHER BUSINESS: Ao MOTION TO ADOPT FLORIDA LEAGUE OF CITIES' RESOLUTIONS (Coun¢ilmember Rogers- Libert) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLOR1DA SUPPORTING AN AMENDMENT TO STATE AND FEDERAL LAW TO ENABLE MUNICIPALITIES TO PROVIDE FOR THE AMORTIZATION AND REMOVAL OF COMMERCTAL ADVERTISING SIGNS LAWFULLY ERECTED ALONG ANY FEDERAL- AID PRIMARY HIGHYVAY, WITHOUT PAYMENT OF JUST COMPENSATION; PROVIDING FOR DISTRIBUTION OF RESOLUTION; PROVIDING FOR EFFECTIVE DATE. (Councilmember Cohen) WATERWAYS RESORT MARINA REQUEST FOR CLASS I PERMIT 'l 1. REPORTS 12. PUBLIC COMMENTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: 2nd BUDGET PUBLIC HEAR1NG September 23, 1997 7 P.M. This meeting is open to the public. In accordance with the Ame~ieans with Disabilities Act of 1990, all p~rsons who are disabled and who need special accoramodations to participate ill this meeting because of that disability should contact the Office of the City Clerk. 466-8901, not tate~ than two days prior to such pr~eeding. Anyone wishing to appeal any decision made by the Awaatura City Count/1 with re~l~ect to any matt~ considered at such meeting or hearing will ne~d a record of the proceedings and, for such propose, may need to ~sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Ag~da items may be viewed al the Office of the City Clerk, City of Aventura Governmaat Caate~, 2999 NE 1914 Street, Suite 500, Avaatura, Florida, 33180. Any~ae wishing to obtain a copy of any agenda item should coatact the City Clerk at 466-8901. MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, SEPTEMBER 2, 1997 7:00 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:00 p.m. by Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Ginger Grossman led the pledge of allegiance. APPROVAL OF MINUTES: A motion to approve the minutes of the July 30, 1997 Council Meeting and August 5, 1997 Council Meeting was offered by Councilmember Rogers-Libert, and seconded by Councilmember Holzberg. Councilmember Beskin requested that the minutes of August 5, 1997 be clarified to reflect that item 7-H was removed from the Consent Agenda and addressed separately. The motion for approval of the minutes, as amended, passed unanimously. 4. AGENDA: REQUESTS FOR DELETIONSlEMERGENCYADDITIONS: None 5. SPECIAL PRESENTATIONS: Mayor Snyder presented Stuart Schulman with a Certificate of Appointment to the Beautification Advisory Board. 6. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A motion for approval was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, and unanimously passed, thus the following action was taken: A. Resolution No. 97-57 was adopted, as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ENDORSING AND SUPPORTING DESIGNATION OF AN HISTORIC SITE AND CREATION OF A MUSEUM AND MEMORIAL AT THE RICHMOND NAVAL AIR STATION IN DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. B. Resolution No. 97-58 was adopted, as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION 96-39 WHICH PROVIDES A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW FEES BY AMENDING SECTION A(16) OF SAID FEE SCHEDULE ATTACHED THERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS: ORDINANCES- FIRST READING: following ordinance, by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, (THE "CITY"),PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA, WHICH INCLUDES ALL INDUSTRIALLY ZONED (IU-I AND lU-2) PROPERTY, (EXCEPT FOR: THAT CERTAIN INDUSTRIALLY ZONED PROPERTY LOCATED NORTH OF NE 187TH STREET, WEST OF NE 29TH AVENUE, SOUTH OF NE 191ST STREET, AND EAST OF BISCAYNE BOULEVARD, AND THE INDUSTRIALLY ZONED PORTIONS OF TRACTS "D" AND "E" OF THE PLAT OF BISCAYNE COMMERCIAL [PB 143, P 38]), AS DEPICTED ON EXHIBIT "A", AND THE HOSPITAL AREA, WHICH INCLUDES THE AREA BOUNDED ON THE NORTH BY THE NORTHERN LINE OF THE CITY LIMITS, ON THE SOUTH BY NE 203RD STREET/IVES DAIRY ROAD, ON THE WEST BY THE WESTERN LINE OF THE CITY LIMITS, AND ON THE EAST BY BISCAYNE BOULEVARD RIGHT-OF-WAY, AS DEPICTED ON EXHIBIT "B", WITHIN THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE Mr. Weiss read the 2 METROPOLITAN DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN. Mayor Snyder opened the public hearing. The following individuals addressed Council: Stanley Price, Esq., 701 Brickell Avenue; Clifford Schulman, Esq., 1221 Brickell Avenue; Jeffrey Bercow, Esq., 200 S. Bisca~'ne Blvd.; Marian Mutchnik, 1905 NE 119th Road; Ralph Mutchnik, 1905 NE 119''' Road; and Lionel Socolov, 3530 Mystic Point Drive. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers-Libert and seconded by Councilmember Berger. The motion for approval passed unanimously by roll call vote. Council requested that notice be provided to affected property owners prior to second reading and Council be furnished with a list of pending zoning applications relative to the subject property. The City Clerk announced second reading of the ordinance for September 16, 1997 at 7 p.m. The meeting recessed for five minutes at this time. 8. PUBLIC HEARINGS - ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING ORDINANCE NO. 96-15; PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 97-20 was enacted. 3 B. Mr. Weiss read the following ordinance, by title: 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. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers- Libert, and seconded by Councilmember Berger. A motion to amend page 3 of the ordinance to correct the spelling of the word "Board's" was offered by Councilmember Berger, seconded by Councilmember Rogers-Libert and unanimously passed. A motion to table the ordinance until later in the meeting for determination by the City Attorney as to the method of enforcement was offered by Councilmember Cohen, seconded by Councilmember Holzberg and unanimously passed. (Continued after item 8-C) After further discussion concerning enforcement, a motion to defer second reading of the ordinance to September 16, 1997 was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert and passed 6-1, with Councilmember Beskin voting no. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CiTY OF AVENURA, FLORIDA, ADOPTING ORDINANCE CONCERNING ZONING; PROVIDING FOR ADOPTION OF POMCY AND PROCEDURE CONCERNING NON- CONFORMITIES CREATED BY GOVERNMENTAL ACQUISITION OF PRIVATE PROPERTY; PROVIDING FOR DEFINITIONS; PROVIDING VARIANCE MECHANISM FOR CURE OF NON- CONFORMITIES; PROVIDING FOR EXPEDITED PRELIMINARY REVIEW; REPLACING PROVISIONS OF SECTION 33-35(E) OF METROPOLITAN DADE COUNTY ZONING CODE CONCERNING THE SAME SUBJECT MATTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Alicia Trujillo, Esq., Florida Department of Transportation; Brian Pachen, Esq., 1000 Brickell Avenue; Alan Rubin, Esq., Shutts & Bowan; George Berlin, Tumberry & Associates; and James Pappas, property owner. There being no 4 further speakers, the public hearing was dosed. A motion for approval was offered by Councilmember Rogers-Libert, and seconded by Councilmember Beskin. A motion to amend the ordinance by deleting section 9 thereof was offered by Vice Mayor Perlow and seconded by Councilmember Rogers-Libert. The amendment passed unanimously. An amendment was offered by Councilmember Rogers- Libert, seconded by Vice Mayor Perlow and unanimously passed that a provision be added to section 2 similar to the second paragraph in section 3. The motion for approval, as amended, was unanimously approved by roll call vote and Ordinance No. 97-21 was enacted. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: MOTION TO APPROVE FOUNDERS DAY PROGRAM AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM AND ESTABLISH NOVEMBER 15, 1997 AS THE DATE OF CELEBRATION. Community Services Director Robert Sherman gave an overview of the activities planned for Founders Day. Art Grossman, 20100 W. Country Club Drive, addressed Council. Council directed that the time of the program on November 15, 1997 be changed to 1-5 p.m. After motion made, seconded and unanimously passed, the program, as amended, was approved. DISCUSSION AND POSSIBLE MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ESTABLISHING SEWAGE AND GARBAGE DISPOSAL REGULATIONS FOR LIVE- ABOARD VESSELS IN THE CITY AND CREATING A REGISTRATION PROCESS. The above motion was offered by Councilmember Beskin, seconded by Councitmember Rogers-Libert and unanimously passed. 11. REPORTS: As submitted. 12. PUBLIC COMMENTS: The following individuals addressed Council: Harry Crook, Commodore Plaza; June Stevens, 20412 NE Del Vista Court; and Mr. Socolov 5 13. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10:30 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at s meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if mede, which record includes the testimony and evidence upon which the appeal is to be based. 6 MINUTES CITY COUNCIL MEETING BUDGET HEARING CITY OF AVENTURA, FLORIDA TUESDAY, SEPTEMBER 9, 1997 7:00 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was celled to order at 7:00 p.m. by Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Edc M. Soroka, City Clerk Teresa M. Smith, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Chief Tom Ribel led the pledge of allegiance. 3. PUBLIC HEARINGS: 1997/98 BUDGET A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 3.18% ABOVE THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 1997 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Lionel Socolov, 3530 Mystic Point Drive addressed Council. There being no further speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and unanimously passed by roll cell vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COUNCIL AT THE REVIEW MEETING HELD ON JULY 21, 1997, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 1997/98 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public headng. Cesar Phillips, on behalf of the Aventura Marketing Council, addressed Council. There being further no speakers, the public headng was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin and unanimously passed by roll call vote. Mr. Soroka announced that the second budget hearing is scheduled for Tuesday, September 23, 1997 at 7 p.m. 4. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:07 p.m. Approved by Council on Teresa M. Smith, CMC, City Clerk Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the teatimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council f J~ Eric M. Soroka, C~ September 9, 1997~,,, Ordinance Amending Or~t~ ance No. 96-28, to Delete the Requirements for Qualifiers to Personally Appear at the Time of Registration Ist Reading September 16, 1997 City Council Meeting Agenda Item 2nd Reading October 7, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance, which would eliminate the need for qualifiers to personally appear at the time of registration with the Community Development Department. DESCRIPTION / BACKGROUND On November 19, 1996, the City Council approved Ordinance 96-28. Said Ordinance requires all building contractors to register with the Community Development Department prior to working within the City of Aventura. By so doing, the City Council took a major step in reducing the vulnerability of its residents to unlicensed, uninsured and uncedified contractors. However, one provision of the Ordinance is proving to be an unforeseen hardship for our customers. Section 2(a), copy attached, of the Ordinance requires the qualifier to appear in person. While this type of requirement generally may inconvenience qualifiers, in the case of Aventura this has proven to present a significant hardship. The reason being, those qualifiers from outside of Florida are conducting a major portion of the construction activity within Aventura. This has led to several qualifiers being forced to make special trips to Florida, for the purpose of personally appearing. The cost of the current provision appears to be outweighing its benefit. Therefore, the Community Development Department recommends that this provision be deleted from the current Ordinance. Additionally, a grammatical clarification is being recommended in Section 2(b). This clarification will read that 'All building permits must be "signed by the qualifier and notarized" as opposed to "signed and notarized by the qualifie/~'.' If you have any questions, please feel free to contact me. EMS/'aca Attachment CC0366-97 Ordinance No. 96-28 Page 2 apply to the construction of boats or similar items of personalty not within the scope of such trades. Section 2. Buildin,q Contractor's Re.clistration Required. All Contractors performing work within the municipal boundaries of the City of Aventura, or who have made application for building permits from the City of Aventura shall be required to register annually with the City of Aventura. All such Contractors shall register with the City's Community Development Department at the time of the renewal of their Occupational License or within seven (7) days thereof, or prior to the application for a building permit, whichever applies. Requirements for registration shall be as follows: A. Qualifier for the Contractor must appear in person and provide: i. Current Certificate of Competency; ii. Current Liability and Workers Compensation Certificate of Insurance, addressed to the City of Aventura; iii. Dade County registration (if Dade County licensed, a state registration is required; if State licensed, a Dade County registration is required); iv. Current Occupational License from the area of primary business. If Dade County licensed, must also provide a municipal Occupational License; 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-28 WHICH REQUIRES ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; DELETING THE REQUIREMENT FOR QUALIFIERS TO PERSONALLY APPEAR AT THE TIME OF REGISTRATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1. Section 2.A. of Ordinance No. 96-28 is hereby amended to read as follows: A. Qualifier for the Contractor must ~provide: Section 2. Section 2.B. of Ordinance No. 96-28 is hereby amended to read as follows: B. All building permits must be signed by the qualifier and notarized by thc qu=!!ficr er h!s!her Section 3. 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 Ordinance No. 97-.__ Page 2 remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. 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. This 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder 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 Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 16th day of September, 1997. 2 Ordinance No. 97- Page 3 PASSED AND ADOPTED on second reading this 7th day of October, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, Ci! September 10, 19( Ordinance Establishil City Council e~uralification Period for Filing to Run for Ist Reading September 16, 1997 City Council Meeting Agenda Item 2nd Reading October 7, 1997 City Council Meeting Agenda Item RECOMMENDATION Attached hereto, is an Ordinance that establishes the qualification period for individuals who file to run for City Council. BACKGROUND Section 2.04 entitled "Qualifications" of the City Charter provides for the City Council to establish by Ordinance, the time and manner for candidates for City Council to qualify for election. The attached Ordinance establishes the qualification period to commence on the first Monday, which is no earlier than 51 days and no later than 45 days before the regular election. The duration of the qualifying period shall be for five days commencing Monday at 8:30 a.m. and terminating on Friday at 4:30 p.m. The Ordinance also establishes qualification procedures. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0368-97 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING QUALIFICATION PERIOD FOR FILING TO RUN FOR ELECTION TO OFFICE OF COUNClLMEMBER OR MAYOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 2.04 "Qualifications" of the Charter of the City of Aventura (the "City"), provides for the City Council to establish, by ordinance, the time and manner for candidates for Councilmember or Mayor to qualify for election; WHEREAS, the City Council desires to establish a qualifying period for candidates for election to the office of Councilmember or Mayor. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. Time and Manner of Qualification of Candidates. The time and manner for qualification of candidates for election to the office of Councilmember or Mayor shall be as follows: A. Regular Election. The qualification period for candidates to file to run for the office of Councilmember or Mayor shall commence on the first Monday which is no earlier than fifty-one (51) days and no later than forty-five (45) days before the date of the regular election. The duration of the qualifying period shall be for a period of five (5) consecutive days commencing on Monday at 8:30 A.M. and terminating on Friday at 4:30 P.M. and shall run from 8:30 A.M. to 4:30 P.M. of each successive day between and including Monday through Friday. B. Special Elections. In circumstances in which a vacancy on the City Council Ordinance No. 97- Page £ in the office of Mayor or Councilmember is filled by special election, the qualifying period shall commence on the first Monday ensuing after the adoption of a City Council resolution calling the special election and shall consist of a period of five (5) consecutive days commencing on Monday at 8:30 a.m. and terminating on Friday at 4:30 p.m., during the same hours of each day as provided in paragraph A above. C. Qualification Procedures. (1) For regular and special elections, as provided by paragraphs A and B above, it shall be the duty of any person desiring to become a candidate for election to the office of Mayor or Councilmember to file a written Notice of Candidacy, in the form set forth in paragraph D below, accompanied by the qualification fee required by Section 2.04 of the City Charter and the additional election assessment imposed by Florida Statutes. (2) Candidates must meet the applicable residency qualifications provided by Section 2.03(b), 2.04 and 2.05(c)(V) of the City Charter. (3) The place of qualification shall be the office of the City Clerk and the hours and dates of qualifying shall be the applicable time period set forth in paragraph A or B above. Notice of Candidacy. The form of Notice of Candidacy shall be as follows: "1, the undersigned, an elector of the City of Aventura who has resided continuously in the City for at least one (1) year preceding the date of filing of this Notice of Candidacy, whose residence is in the City of Aventura, hereby announce my candidacy for the office of (Councilmember, Seat No. ) (Mayor) [cross-out inapplicable Ordinance No. 97-__ Page 3 provision] to be voted for at the election to be held on the day of , __, and I hereby agree to serve if elected. Signature of Candidate DATE AND HOUR OF FILING: RECEIVED BY: CITY CLERK/ELECTION OFFICIAL" Section 2. 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 3. 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 the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. second reading. The foregoing Ordinance was offered by Councilmember This Ordinance shall be effective upon adoption on Ordinance No. 97- Page ~. 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember moved its adoption on second reading, The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 16TM day of September, 1997. PASSED AND ADOPTED on second reading th~s 7 day of October, 1997. ARTHURI. SNYDER, MAYOR Al-rEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council September 10, 1997 Drug Control and System Improvement Grant Program Agreement - Byrne Grant September 16, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Resolution authorizing the execution of an Agreement with Dade County for the Community Drug and Crime Prevention Program Grant in the amount of $7,396. This grant was previously received in 1996 as well. BACKGROUND The City had previously applied for the Federal Byrne Grant and received confirmation of its award. The County administers the grant. The attached agreement outlines the requirements of the City and County regarding the implementation of the grant. The grant will be utilized to implement crime prevention programs and maintain the "Reverse 911" communication system. This system allows the Police Department to monitor "911" calls and send messages out to the various condominiums regarding police matters. The grant will provide $7,396, and the City is required to provide a $2,465 match for a total of $9,861. A detailed budget for the grant is attached. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0322-97 RESOLUTION NO. 97-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Agreement between Metropolitan Dade County and the City of Aventura to provide a Community Drug & Crime Prevention Program in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember , who moved its adoption. 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 Councilmember Patricia Rogers-Libert Resolution No. 97-__ Page 2 Vice Mayor Jeffrey M. Pedow Mayor Arthur I. Snyder PASSED AND ADOPTED this 16th day of September, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMSAms POLICE Byrne Grant Budget Oct. 1, 1997 to Sept. 31, 1998 Reverse 911 Annual Maintenance Agreement .................. $3,000.00 Reverse 911 Annual Phone Line Cost (5 lines) ................. $1,500.00 Crime Prevention Meetings Personnel Cost ..................... $2,219.04 Charles Seubert overtime rate includes fringes $30.82 per hour, 3 hours per meeting x 24 meetings $30.82 x 3 x 24 = $2,219.04 Computer, Monitor & Printer .......................................... $2,072.00 P166, 16MB RAM, 1 GB HD, 15" Monitor, HP Color Printer Printing, Binding & Postage .......................................... $1,069.96 Total ........................................................................ $9,861.00 METROPOLITAN DADE COUNTY AGREEMENT This Agreement, made and entered into this ~D.~T day ofc-~Fyt~ 199~,by and between Metropolitan Dade County, a political subdivision of the State of Florida hereinafter referred to as the "COUNTY", through its DEPARTMENT OF JUSTICE SYSTEM SUPPORT and the CITY OF AVENTURA located in Dade County, Florida hereinafter referred to as the "PROVIDER", provides the terms and conditions pursuant to which the PROVIDER shall provide a COMMUNITY DRUG & CRIME PREVENTION PROGRAM. WHEREAS, the COUNTY has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Anti-Drug Abuse Act of 1988, hereinat~er referred to as the ACT, and WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the PROVIDER to carry out on behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement, and WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by the State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance to Metropolitan Dade County and being duly Page 1 of 11 executed by both parties, whichever is later, and WHEREAS, the COUNTY is desirous of supporting an expansion of the services provided by the COMMUNITY DRUG & CRIME PREVENTION PROGRAM by providing a portion of the federal funds awarded to Dade County to the COMMUNITY DRUG & CRIME PREVENTION PROGRAM and WHEREAS, the COUNTY as contractor/grantee for the State of Florida is authorized to purchase said services for COMMUNITY DRUG & CRIME PREVENTION PROGRAM as an allowable activity under the ACT, and WHEREAS, the COUNTY requires the above-mentioned services from the PROVIDER in order to fulfill its contractual obligations under the aforementioned grant, and NOW, THEREFORE, for and in consideration of the premises and the mutual covenants recorded herein, the parties hereto intending to be legally bound, agree as follows: I. SCOPE OF SERVICES. The PROVIDER agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. Il. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1. 1996 through September 30, 1997 III. AMOUNT PAYABLE. Both parties agree that subject to the COUNTY's receipt of State funds, the maximum amount payable under this Agreement shall not exceed $7,396. The breakdown of this amount by budget category is included in the budget schedule found in Attachment B of this Agreement. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County IV. CASH MATCH REQUIREMENT. The PROVIDER shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the COUNTY, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. Page 2 of 11 V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti-Drug Abuse Act. The PROVIDER agrees to abide by ail of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B-61. Furthermore, this AGREEMENT shall incorporate by reference the provision of that certain document entitled "State of Florida, Department of Community Affairs, Division of Housing and Cormwmity Development, Bureau of Community Assistance Subgrant Application for Anti-Drug Abuse Act Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplanting. The PROVIDER agrees that funds received under this Agreement shall be utilized to supplement, not supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti-drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5) of the ACT. VI. CONTINUITY OF SERVICES. Provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Designate a contract coordinator who shail be responsible for 1) monitoring the PROVIDER's compliance with the terms of this Agreement and, 2) whenever the COUNTY so requests, meeting with County staffto review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER Any PROVIDER who is a political subdivision of the State, as defined in section 768.28, Florida Statutes, hereby agrees to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceed the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled with ail other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceeds the sum of $200,000 from any and all personal injury or property damage claims, liablities, losses and causes of action which may arise as a result of the negligence of the government entity. IX. INSURANCE. As a political subdivision of the State as defined by section 768.28, Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. Page 3 of 11 X. LICENSURE AND CERTIFICATION. Insure that all other licensed professionals providing COMMUNITY DRUG & CRIME PREVENTION PROGRAM services shall have appropriate training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the PROVIDER shall in no way relieve it from any of its responsibilities in this regard. Xl. CONFLICT OF INTEREST. The PROVIDER warrants and represents that no person under the employ of the PROVIDER~ who exercises any function or responsibility in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. XI1. C1VIL RIGHTS. The PROVIDER agrees to abide by Chapter 1 IA, Article IV of the Code of Metropolitan Dade County ("County Code"), as amended, which prohibits discrimination in employment~ Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation~ the Age Discrimination Act of 1975, 42 U.S.C. as amended, which prohibits discrimination in employment because of age~ Section 504 of the Rehabilitation Act of 1973~ 29 U.S.C. Sect. 794, as amended, which prohibits discrimination on the basis of disability~ and the Americans with Disabilities Act, 42, US.C. Sect. 12103 et. seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the PROVIDER must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 USC Sect. 1612, and the Fair Housing Act, 42 US C. Sect. 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the PROVIDER, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the PROVIDER. Any contract entered into based upon a false affidavit shall be voidable by the County. If the PROVIDER violates any of the Acts during the term of any contract the PROVIDER has with the County, such contract shall be voidable by the County, even if the PROVIDER was not in violation at the time it submitted its affidavit. XllI. NOTICES. Notice under this Agreement shall be sufficient if made in writing and delivered personally or sent by mail or by FAX to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others): If to the COUNTY: Metropolitan Dade County Department of Justice System Support 175 NW 1st Avenue, Suite 1730 Miami, Florida 33128 Attention: Susan Windmiller Page 4 of 11 If to the PROVIDER: AVENTURA Aventura Police Department 2999 NE 191 Street, Suite 500 Aventura, FL 33180 Attention: Chief Thomas A. Ribel XIV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the COUNTY. Furthermore, the PROVIDER's agents and employees are not agents or employees of the COUNTY. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A Breach. A breach by the PROVIDER shall have occurred under this Agreement if the PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties contained herein. COUNTY Remedies If the PROVIDER breaches this Agreement, the COUNTY may pursue any or all of the following remedies: 1. The COUNTY shall have the right to terminate this Agreement or reduce funding by giving at least five (5) days prior written notice to the PROVIDER of such intent to terminate or reduce services. 2. The COUNTY may suspend payment in whole or in part under this Agreement by providing written notice to the PROVIDER of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension; If payments are suspended, the COUNTY may also suspend any payments in whole or in part under any other contracts entered into between the COUNTY and the PROVIDER The PROVIDER shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3 If, for any reason, the PROVIDER should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The COL~TTY may terminate or cancel any other contracts which such entity has with the county. Such entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any entity who attempts to meet is contractual obligations with the county through fraud, misrepresentation or material misstatement may be debarred from county contracting for up to five (5) years. Page 5 of 11 4. Any other remedy available at law or equity. The County Manager is authorized to terminate this Agreement on behalf of the County. Damages Sustained. Notwithstanding the above, the PROVIDER shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement, and the COUNTY may withhold any payments to the PROVIDER until such time as the exact amount of damages due the COUNTY is determined and properly settled. XVI. TERMINATION BY EITHER PARTY. This Agreement may be terminated without cause by either party by giving sixty (60) days prior written notice to the other party of such intent to terminate. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The PROVIDER agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15%) of the total budget, without a written amendment. Variances greater than fifteen percent (15%) in any line approved line item shall require a written amendment approved by the Department. B Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the COUNTY will review the PROVIDER'S Year-To-Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the COUNTY. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the COUNTY will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the PROVIDER for services rendered under this Agreement based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Agreement and the PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the COLrNTY for each Community Drug and Crime Prevention Program using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XVIII. B. 1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C The final Quarterly Project Performance Report & Invoice along with the ANNUAL REPORT shall be submitted by October 15, 1997. Page6 ofll D. The PROVIDER agrees to mail all invoices to the address listed above, Section XIII. E. The COUNTY agrees to review invoices and to inform the PROVIDER of any questions. Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department. XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The PROVIDER is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the PROVIDER organization, will be considered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the PROVIDER organization can meet identified needs. While there is no prescribed standard for such review, the PROVIDER procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the PROVIDER organization. The establishment of a screening committee may facilitate the process~ however, the PROVIDER may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the PROVIDER's organization. The COUNTY must insure that the screening referenced above takes place and that the PROVIDER has an effective system for property management The PROVIDER is hereby informed that if the COUNTY is made aware that the PROVIDER does not employ an adequate property management system~ project costs associated with the acquisition of the property may be disallowed. C. Loss, Damage or Theft of Equipment. The PROVIDER is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The PROVIDER procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, as a minimum, meet the following requirements: 1. Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of COUNTY participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2. a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years~ 3. a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the PROVIDER as appropriate~ 4. adequate maintenance procedures must exist to keep the property in good condition; and 5. if the PROVIDER is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the Page 7 of 11 disposition or replacement or transfer at the discretion of the COUNTY. If any litigation, claim, or audit is started before the expiration of the 3 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS~ REPORTS~ MONITORING AND AUDITS~ EVALUATION STUDIES. The PROVIDER shall keep records of program services in sufficient detail to provide any reports which may be requested by the COUNTY. A. Records. All program records will be retained by the PROVIDER for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of Florida, records for COMMUNITY DRUG AND CRIME PREVENTION PROGRAM services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A 4. The records of all other program services provtded under this Agreement. B Reporting Requirements. As to required reports, the PROVIDER shall: 1. Quarterly Project Performance Report and Invoice. Submit Quarterly Project Performance Report and Invoice to the Department of Justice System Support by January 15, April 15, July 15, and October 15, covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C 2. Annual Project Report. The PROVIDER shall submit an ANNUAL PROJECT REPORT to the Department of Justice System Support for the 12 month period of the Project Operation. The ANNUAL REPORT shall be submitted in the format and using the form attached hereto as Attachment D The ANvNUAL REPORT shall be submitted with the Fourth Quarterly Project Performance Report and invoice by October 15. 3. Other Required Reports. The PROVIDER shall submit other reports as may be required by the Department of Justice System Support during the program year. C Changes to Reporting Requirements. The PROVIDER understands that the COUNTY may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. Make available for review, inspection, monitoring or audit by the COUNTY without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement The PROVIDER shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the COUNTY to insure compliance with applicable accounting and financial standards. E. Evaluation Studies. PROVIDER agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the State of Florida, Department of Community affairs, Division of Housing and Community Development, Bureau of Community Assistance. This participation shall at a minimum include access to PROVIDER's premises and records Page8 ofll XX. MISCELLANEOUS. A. This Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and the PROVIDER regarding the provision of the services described in Attachments A and B. B. Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and signed by both parties and approved by the County Manager provided, however, that the COUNTY may effect amendments to this Agreement without the written consent of the PROVIDER, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of county, state and federal governments. C. Nothing herein shall alter, affect, modify, change or extend any other agreement between the PROVIDER and the COUNTY unless specifically stated herein. D. All reports, information documents, tapes and recordings, maps and other data and procedures, developed, prepared, assembled or completed by the PROVIDER in connection with the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this Agreement shall become the property of ~he COUNTY without restriction, reservation or limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time upon request by the COUNTY. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY upon request. E. Agreement Guidelines. The Provider agrees to comply with all applicable federal state and county laws, roles and regulations, which are incorporated herein by reference as set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. F. Amendments. Any alterations, variations, amendments, or other modifications of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duty approved and signed by both parties and attached to the original of this Agreement. /he COUNTY and PROVIDER mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Agreement between the parties The County Manager is authorized to make amendments to this Agreement as described herein on behalf of the COUNIY. G. Publicity It is understood and agreed between the parties hereto that this PROVIDER is funded by Metropolitan Dade County Further, by acceptance of these funds, the PROVIDER agrees that events and printed documents funded by this Agreement shall recognize the funding source as follows: Page 9 of I 1 This program was supported by a grant awarded to Metro-Dade County Department of Justice System Support, State of Florida Department of Community Affairs and U.S. Department of Justice, Bureau of Justice Assistance (BJA). H. Sub-Contracts. The Provider agrees not to enter into sub-contracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or all of its rights, title or interest herein, or its power to execute such Agreement without the prior written approval of the COUNTY and that all sub-contractors or assignees shall be governed by the terms and conditions of this Agreement. I. Total of Agreement/Severability of Provisions. The ten (10) page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E. Agreement Program Review (Scope of Services) Agreement Program Budget Quarterly Project Performance Report & Invoice Annual Project Report Metro-Dade County Affidavits No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby such remainder would then continue to conform to the terms and requirement of applicable law. Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized officers, the day and year first above written. Signature City Manager Title Eric M. Soroka Name (typed) ATTEST: By: . Teresa M. Smith, CMC, City Clerk By: (Corporate Seal) ATTEST: HARVEY RUVIN, CLERK Dep~Clerk / · METROPOLITAN DADE COUNTY, B~: ~,~~/RIDA /J/ ,P~ofinty Manager / Pagell ofll SUMMARY OF ATTACHMENTS ATTACHMENT A Agreement Program Narrative - Scope of Service Program Review listing Program Contact Information, Problem Identification, Demographic Data, Year One Activities - Accomplishments & Unmet Needs, Year Two Request/Planned Activities, Program Description, Proposed Activities, Planned Measures, Monitoring Plan, Program Staff Job Descriptions, Signed letters bom School Principals and other participating agencies (where necessary) ATTACHMENT B: Agreement Budget - Program Budget ATTACHMENT C Quarterly Program Performance Report and Invoice ATTACHMENT D Annual Project Report ATTACHMENT E Metro-Dade County Affidavits ATTACHMENT A Agreement Program Narrative - Scope of Service pROGRAM REVIEW Jurisdiction Name: AVENTURA Address: 2999 NE 191 Street, Suite 500, Aventura, FL 33180 Program Area: COMMUNITY DRUG & CRIME PREVENTION Program Name: COMMUNITY DRUG & CRIME PREVENTION Contact Person: Chief Thomas E. Ribel 466-8935 PH -- 466-8939 FX Program Dates: 10/01/96 -- 09/30/97 Target Population: City Residents Problem Identification The City of Aventura is a newly formed city, having been created in 1995. This program year, FY96-97, will be its first year in operation as a chartered municipality and eligible to participate in the Metro-Dude Drug Control and System Improvement grant program. Previous Activities in this Pu¢ose Area/Unmet Needs: As a new city which is quite literally just beginning, there are a wide variety of drug and crime prevention identified needs. While it is certainly not possible to address all of these needs with the allocation the city receives from this grant, what it can do is to begin to develop a long range community prevention plan and determine how these funds may be used to achieve some of the plan goals. Preliminary discussions with the new mayor and city manager have indicated that basic crime prevention information is an important place to begin i.e. programming which addresses city residents' feelings of safety and security by providing information on how they can protect themselves and how the city can serve them. It should be noted that a police chief is being recruited and the city's plan is to have a complement of 40 police officers. As the police department develops under the direction of a full time chief a city prevention plan will be developed. D¢mographic Data: Based upon 1990 US Census data, the city has a population of 15, 384. 98% of the residents are white; 31% are between the ages of 35 to 64 and 51% are over 65 years of age. 77% of the residents live in buildings have more than 5 units in them. The city is bounded on the east by the intercoastal, the west by the FEC Railroad, south to 175th street (north side of canal) and north to the Dade/Broward county line. In addition, the citizens reside primarily in condominiums, having approximately 60 condominium associations in the city. PROGRAM REVIEW Jurisdiction Name: AVENTURA Address: 2999 NE 191 Street, Suite 500, Aventura, FL 33180 Program Area: COMMUNITY DRUG & CRIME PREVENTION Program Name: COMML~ITY DRUG & CRIME PREVENTION Contact Person: Chief Thomas E. Ribel 466-8935 PH -- 466-8939 FX Program Dates: 10/01/96 -- 09/30/97 Target Population: City Residents Program Description As a new city, there are many basic services to develop and implement. The City of Aventura, however, also recognizes its responsiblity to develop and implement a drug and crime prevention plan. While the basic structures of a city are under development, some of the most important issues that concern the residents are those of safety and crime prevention. In developing a prevention program appropriate to this community with over 51% of the citizens over age 65 and 77% living in condominiums, checking on the welfare and safety of citizens and getting important crime, safety, or emergency information to citizens in a timely and efficient manner are critical. To accomplish these tasks as a new city are challenging. Therefore, it has been determined that the very best use of these grant funds is to purchase the Reverse 911 System. This computer information system may be used by the police dpeartment to be programmed and address a variety of prevention information needs as follows: the system may be programmed to contact, daily, every citizen who lives alone. A read-out of all contacts made can be printed and follow-up in person calls may be made by police officers; prevention meetings scheduled for various buildings may be announced selectively by the information system directly to those residents; in the event ora natural disaster or other emergency, bulletins for safety, evacuation or other emergency management measures may be announced; as follow-up to crime data analysis, bulletins may be announced to citizens regarding prevention meausres against certain crime trends monitored by police; other security checks and safety tips may be selectively announced as it becomes necessary. The City of Aventura will plan to use grant funds to assist in the purchase of the information system. During the grant year, the police department will be implementing this system, including the information program, staff training, and citizen information program. PROGRAM REVIEW Jurisdiction Name: AVENTURA Address: 2999 NE 19I Street, Suite 500, Aventura, FL 33180 Program Area: COMMUNITY DRUG & CRIME PREVENTION Program Name: COMMUNITY DRUG & CRIME PREVENTION Contact Person: Chief Thomas E. Ribel 466-8935 PH -- 466-8939 FX Program Dates: 10/01/96 -- 09/30/97 Target Population: City Residents Proposed Activities Purchase, programming, implementation, police staff training of a Reverse 911 information system. Community information program to inform the citizens of Aventura of this new crime prevention program and service. Planned Measures City proposes to purchase and implement a Reverse 911 System Chief Thomas E. Ribel, APD /' Monitoring Plan Invoices for equipment purchased with grant funds Documentation which supports police staff training on implementing the Reverse 911 System Documentaiton which supports informing the citizens of Aventura of the new Crime Prevention Program .usan Windmiller, DJSS ATTACHMENT B Agreement Budget - Program Budget PROGRAM REVIEW Jurisdiction Name: AVENTURA Program Area: COMMUNITY DRUG AND CRIME PREVENTION Program Name: COMMUNITY DRUG & CRIME PREVENTION Target Population: City Residents Contact Person: Chief Thomas E. Ribel 466-8935 PH -- 466-8939 FX Program Dates: 10/01/96- 11/01/97 Proposed Budget Salaries and Benefits, Total Contractual Services, Total Expenses, Total Reverse 911 system Purchase price for city approximately$29,000 This gram will support part of this purchase $0 $0 $9,861 Total Budget Dade County will reimburse an amount not to exceed: The 25% CASH MATCH for this grant is: The source of the CASH MATCH is: General Fund. CiD' of Aventura $~,396 $2,465 $9,861 12/17/96, AV$CP97.WK4 ATTACHMENT C Quarterly Program Performance Report and Invoice Quarterly Project Performance Report Drug Control and System Improvement Formula Grant Program COMMUNITY CRIME PREVENTION PROJECT PURPOSE AREA 4A [This form supersedes all previous Local Community and Neighborhood Crime Prevention Project Report Forms, effective upon approval of the new grant award.] (Jurisdiction Name) (Project Name) (Program Area Name) (ObJective Numbcrs& Names -- See Contract. Exhibit A. Program Information) (Name of Person Completing Form) (Title) (Phonc) UNIQUE ID (Completed by BCA) STATE CONTRACT ID NUMBER: 96-CJ-3S-11-23-01-091 January 1 - March 31 April 15 3 April I - June 30 July 15 4 July 1 - September 30 October 15 1' October 1 - December 31 January 15 *l~or example, if your prqject begm~ in October, this is Re orr Number 1. Record Number, Period, and Date below: This report complies x~ith U S. Department of Justice Performance Evaluation and Assessment reporting requirements (OMB No, 1121-0113) in conformance with the Congressional Mandate to assess the impact ~>f thc Drag Control and system Improvement Formula (kant Program implemented under the Federal Anti-Drug Abuse Act of 1988. During this quarter, how many neighborhoods were involved in grant-funded project activities? During this quarter, what is/are the name/s of the jurisdiction/s participating in grant-funded activities and what is the estimated population of each? Jurisdiction Population Aventura 15,384 Coral Gables 40,091 El Portal 2,457 Florida City 5,806 Hialeah 188,004 Hialeah Gardens 7.713 Homestead 26,866 Key. Biscayne 8,854 Metro Dade (Unincorporated) 1.028.071 Mianti Beach 92,639 Miami Springs 13,268 North Bay Village 5,383 North Miami 4.998 Opa-Locka 15,283 Pinecrest 19.089 West Miami 5,727 During this quarter, what was the estimated percentage of grant-funded activities directed tox~ard thc following: % Business % General Public % Law Enforcement % Libraries % Parks and Community Centers % Public Housing % Residential Homes % Schools % Senior Citizens % TOTAL During this quarter, what estimated percentage of participants were served in each of the following target groups: % Children (under 13 years of age) % Teenagers (I 3 - 18 years of age) % Elderly (60 years or older) % Handicapped % Other Groups (Specify') see detailed report % Other Groups (Specify') see detailed report % TOTAL During this quarter, what serious (index) crimes were targeted for project activities? [Check all that apply] Aggravated Assault Arson Burglary. Drug Abuse Forcible Rape Larceny or Theft Motor Vehicle Theft Murder Robbe~' Other (Specify') sec detailed report During this quarter, what live crime prevention PRESENTATIONS were given before groups targeted and reported in Section 3 (abevc) in the following settings? [Live means that a project staff pcrson or a volunteer recruited by project staff made a presentation 1o an audience in one oflhc follox~ing settings or through the media. Check those that appb and pro',idc numbers for those that arc checked.l Businesses Number of Workshops/Meetings Held Number in Attendance Churches Number of Workshops/Mcetiugs Held __ Number in Attcndancc Law Enforcement Agencies Number of Workshops/Meetings Held Number in Attendance Libraries __ Number of Workshops/Meetings Held Number in Attendance Communi~' Organizations (e.g. YMCA's. YWCA's. Big Brothers/Sisters. Red Cross. etc ) Number of Workshops/Meetings Held Number in Attendance Government hgencics (including local hum:m scrxice~ agencies and l~ranch ofl~ces of state agencies, such as the Department of Health and Rehabilitative Seo;ices) Number of Workshops/Meetings Held __Number in Attendance 7o Parks and Communi .ty Recreation Centers Number of Workshops~eetings Held Public Housing Number of Workshops/Meetings Held Radio Number of Workshops/Meetings Held Residential Homes Number of Workshops/Meetings Held Schools Number of Workshops/Meetings Held Senior Citizen Centers Number of Workshops/Meetings Held Television Number of Workshops/Meetings Held Number in Attendance Number in Attendance Number in Attendance Number in Attendance Number in Attendance Number in Attendance Number in Attcndancc Other Groups (Specify) sec detailed report Number of Workshops/Meetings Held Number in Attendance During this quartcr, how many media packages were developed to promote local crime prex ennon campaigns? [Record number for each type of medial Newspaper Advertising Ncx~ spaper Articles Magazine Advertising Magazinc Articles Pamphlets Radio Public Senicc Announcement (PSA's) Television Public Service Announcements (PSA's) School Curriculums Video Packages (for distribution lo networks and use b3 Public Housing. Schools, Senior Citizens Centers, etc.) TOTAL Durtng this quarter, hox~ man.~ times did schools present publishers print, and broadcasters air local grant-in-aid funded and produced crime prevention campaign media described in Section 7? [Record number for each type of media[ Media Curricula (ReporI Number of school classroonls) Magazines 9o Newspapers Radio Television TOTAL During this quarter, how many of the following activities wcro implemented with gram-in-aid [Check and record units of measure for those activities that are checked.] funds? Identi~ and Secure Property: I}AI)E COUNTY PROGRAMS: None A. Identi .f~ing Household Property I}ADE COUNTY PROGRAMS: None B. Installing Improved Security Devices Involve thc Communitx: DAI}E COUNTY PROGRAMS: Florida Cit3 C. Starting Block Watch or Neighborhood Watch Groups __ Number of watch groups implemented __ Number of homes receiving sccurit.~ su~ve3s Numbcr of x~ alch group meetings held i~ADE COUNTY PROGRAMS: None D. 0 Establishing Block or Safe Homes I}ADE COUNTY PROGRAMS: Florida City E. Developing Citizen Patrols (to report suspicious activity in neighborhoods to police) Number of citizen Patrols established __ Nmnber of neighborhood blocks covered DADE COUNTY PROGRAMS: None F. Initiating Hot Lines I}ADE COUNTY PROGRAMS: None G, Creating Citizen Escort Programs I~ADE COUNTY PROGRAMS: Miami Beach, North Bay Village, Pinecrest H. Organizing Neighborhood Clean-Ups (to destro) Crack houses, rcmox mg trash. converting vacant lots to neighborhood recreation sites for children, etc.) Number of clean-up campmgns implcmcnted DADE COUNTY PROGRAMS: Coral Gables (Red Ribbon Week & Explorers), El Portal, Hialeah (L.LF.E.), Hialcah Gardens, Metro-Dade (Diversion), North Miami, Opa-Locka Promoting Healthy Alternative Drug-Free Events for Youth and Adults Number of events held DADE COUNTY PROGRAMS: Aventura, Key Biscayne, West Miami J. Encouraging Law Enforcement Agencies to use or create Advisory Boards, Tenant Associations, Youth Groups or Small Neighborhood Groups __ Number of boards, associations or groups established __ Number of meetings held [lA[lE COUNTY PROGRAMS: None K. __ Encouraging Communities to establish some form of Drug Coordinating Council DADE COUNTY PROGRAMS: None L. Reestablishing support within Inner City Communities DADE COUNTY PROGRAMS: Metro-[lade (B.A.N.D. & [lon't Let Alcohol Be Your Last Taste in Life), Miami Springs (Parenting) M. Providing Prevention Education and Life Skills Curriculum to Students through school personnel, community leaders, and state and local Agencies __ Number of classes for school-age children (MDPD Alcohol) Number of adult education classes held. (MDPD/B.A.ND. Miami/Parenting) [lADE COUNTY PROGRAMS: None N. Targeting Parents and Youth from High R~sk Population Areas for Crisis Intervention DA[lE COUNTY PROGRAMS: Coral Gables (Recreation Center), Homestead O. Starting or Expanding the Operation of Community or Neighborhood Recreation Center or Program Number of Community or Neighborhood Recreation Centers or Programs which offer: Sports: [Check all that apply[ soccer basketball vollc.x ball tennis swimming aerobics card games baseball back packing/ outdoor/wilderness camping hiking ~mnasUcs karate football pool other (specify.) other (specify.) Arts, Crafts, and Cultural Enrichment: [Check all that apply] ceramics dancing homemaking music drawing/coloring other (specify) painting sewing other (specify) Academic or Vocational Training: [Check all that apply] mathematics other (specify) other (specif3,) science other (specie) other (specie) Other Drug or Crime Prevention Activities: ]Check all that apply] drug awareness/prevention education life management skills health and nutrition job readiness training parent effectiveness training parent support groups outreach programs for youth gangs neighborhood or town hall meetings leadership or counselor-in-training (CIT) programs personal hygiene AIDS education teen pregnancy, programs academic tutoring famil) counseling other (specifi.') other (specie') other (specie) DADE COUNTY PROGRAMS: Coral Gables (Community Recreation Center), Homestead p. __ Starting or expanding a Neighborhood Youth Athletic League __ Number of leagues formed Number of games pla.x cd Project Narrative [Thc applicant should attach a brief narrative detailing their progress in meeting their subgrant objectives. The narrative should allow the reader to put the number provided in the Quarterly Report in context.] NOTE: Attached arc the narratives submitted by each jurisdiction x~ith their respective Quarterl.~ Performance Reports. Each Narrative is labeled by City. Program Area and Prqiccl Name. A:CI)CP2.SAM/REV 06/96 Metro-Dade County Community Drugs & Crime Prevention Resolution R-648-96 project - Index Code QINVCP Revised 09/16/96 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE [To Be Typed on Jurisdiction's Letterhead] City: Project Name: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER 1. Total Federal Budget $ 3. Amount Previous Invoices $ Date of Claim: Claim Number: October 1 - December 3 I January I - March 31 April I - June 30 July I - September 30 Report Due January 15 Report Due April 15 Repor~ Due June 15 Report Due October 15 2. Amount This Invoice $ 4. Remaining Balance $ (75%) Budget Line Item Categories Disallowed 1. Salaries & Benefits 2. Other Personnel Services (Teraporacy Employees/ContractuaB 3. Expenses 4. Total Claim Costs Exceeds Federal Local Total Budget Funds Match Funds (75%) (25%) 000%) We request payment in accordance with our contract agreement in the amount of 75% of Total Costs for this Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to comply with the local cash match requirement. Attached please fred the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed, all of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received for which reimbursement is requested. Respectfully submitted, Chief of Police/Other City Official Payment Approved, Metro-Dade County M¢Ito.Dade County Community Drugs & Cr~me Prevention Resolution R-64g-96 Project Index Code Page 2 of 3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Payroll Expenses City: Project Name: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October I - December 31 January I - March 31 April 1 - June 30 July I - September 30 Date of Claim: Claim Number: Report Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 Officer/Staff Name Date of Activiw Type of Activity* Tohal Hours *(Presentation. parent Meeting, Field Trip, etc) TOTAL HOURS AT $ PER HOUR = $ 1 CERI1FY IHAT PAYMENT FOR THE AMOUNT OF $ OFFICEK'SIAFF SIGNATURE OFFICER/SIAFF SOCIAL SECURITY # CHIEF OF POLICE/CITY OFFICIAL SIGNATURE I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: School Principal's Signature NOTE: Bookkeeping report documenting payroll expenses must be attached to process payment. IS CORRECT. Metro-Dade County Coramunity Drugs & Crime Prevention Resolution R-648-96 Project Index Code Page 3 of 3 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Equipment/Supply/Activity Expenses City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER SECOND QUARTER THIRD QUARTER FOURTH QUARTER October I - December 31 January 1 - March 31 April 1 -June30 July 1 - September 30 Repon Due January 15 Report Due April 15 Report Due June 15 Report Due October 15 Vendor Item Description Date Paid Check No. Amount TOTAL AMOUNT EXPENSES NOTE: Copies of all invoices for this request must be attached to process payment. ATTACHMENT D Annual Project Report ANNUAL/FINAL PROJECT REPORT DRUG CONTROL AND SYSTEM IMPROVEMENT FORMULA GRANT PROGRAM PURPOSE AREA 4A COMMUNITY DRUG AND CRIME PREVENTION PROGRAM AREA This Annual Report covers the subgrant period for the project completing four quarters of operation. It is to be submitted along with the Fourth Quarterly Project Performance Report and the Fourth Quarter Invoice. This report must be in our office by October 17, 1997. Final Payment will be processed upon submission of complete Quarterly and Annual Reports with all required documentation. (Jurisdiction Name) (Project Name) (Name of Person Completing Form) (Title) (Phone) Record Project Time Frame Start Date End Date .. ~ · ~:~: ~ii.~.::~:~:.~::.:.~?~ ., ~ Metro Dade County Department of Justice System Support (Revised7/96) The Subgrant Contract for the Drug Control and System Improvement Funds requires that projects submit an Annual Report describing project activities. Each jurisdiction must complete a separate Annual Report for each project shown on the chart in Attachment A. This Annual Report must contain the following sections: 2. 3. 4. 5. Noteworthy Successes of Project Operations Implementation Problems Staffing Training Grant Budget Expenditures 1. Noteworthy Successes of the Program. In the space provided, give a description for each of the following topics (a-f) Use three to four sentences for each topic listed. You may attach additional pages. a. Describe the activities implemented in the program. b. Describe the targeted crimes c. Describe the population types. Describe any special materials, curriculums, equipment etc., which enhanced the program. Noteworthy Successes Continued. e. Describe the Organizations and Agencies involved. (Other than the Police Dept.) f. Emphasize successes worthy of noting in this report. Implementation Problems When project operations were initiated, did problems arise that needed attention? How were they resolved? Briefly describe or state any problems that occurred and discuss the steps taken to overcome those problems. For example, if your project started late due to a late award, what adjustments were made to provide the planned services? Staffing a. What were the total number of Full-Time Equivalent (FTE) staffassigned to this project regardless of the funding source? What were the number of FTE's funded by the Drug Control and System Improvement Formula Grant Program? __ Training Compete the following only if grant funds were used to train any staff working in your project. If training was not provided with grant funds, do not complete this section and skip to Question 5 ao What type and amount of stafftraining was provided during this project? Record the total number of individuals ~ho received training and total the number of hours trained. For example, if 5 employees received 8 hours of training each, record 5 employees and 40 hours of training. Training Subject Fund Raising and Grant Management Comnmmt.x Orgamzations Police Relations School Relations Curriculum De,celopment Recreational Programs Other (Specie') Number Trained Hours Trained Have new procedures or practices been implemented as a result of the training provided through this project? __ Yes No If no skip to Question 5 Have new procedures or practices increased the efficiency or effectiveness of crime prevention program activities? __ Yes __No Training Continued d. What improvements resulted from Training project staff ? Check all that Apply Successful Development of Neighborhood Activities Successful Development of School Activities Successful Development Communi~' Activities Successful Development Recreational Activities Coordination with School Officials Coordination with Local Law Enforcement Coordination with Local Government Officials Enhanced Existing Drug Education Program Enhanced Existing Human Service Program Enhanced Existing Lax~ Enforcement Program Enhanced Existing Recreation Program Other (Specifi.) e. Who provided the training ? Check all that appl.~ Peer Assistance/Experienced Practitioncr Instructor of National Rcputation Project SIm'T State Training Personnel (Florida Dept of Law Enforcement) Othcr (Specify) Grant Budget Expenditures Indicate the types of expenditures made for the operation of the project. Check all that Apply Audiovisual Computer Equipment Contractual Services Furniture/F~xtures Instructional Supplies Travel Vehicles ATTACHMENT A The following is a list of Program Objectives that are included under the Community Drug and Crime Prevention Program Area of the Byrne Grant. You will find them listed as they correspond to your project. Each jurisdiction is required to address their respective program and objectives listed below. FY97 Cities (County) Project Objectives Florida Cit.~ Neighborhood Crime Watch and Citizens Patrol 1 neighborhood watch: 1 citizen patrol; 200 surveys. Miami Beach Neighborhood Clean Up Programs North Bay Village 1 neighborhood clean-up program each city Pinecrest Red Ribbon Week: Alternative Drag Free Events and Activities Developed Hialeah I alternative drug free program each ci~' or county At Risk Youth Programs: Hialeah I At Risk Youth Program each city or count).' Metro Dade (Diversion) North Miami Opa Locka Aventura Law Enforcement with Community Groups Kc3 Biscayne Community Crime Prexention) West Miami I coordinatod neighborhood group each city Metro Dado (B,I,SD, l)on't Alcohol B(' ) ~l~' ~Drag Prevention Education and Life Skills Last Taste qfL~fi') Metro Dado (Band/ 10 presentations: Miami Springs (Parenting) Alcohol/ 7 student classes and I parent class for each of 23 schools) Miami Springs/ 14 parent classes Homestead Communit) Recreation Center Programs ! I 1 expanded or enhanced communit~ recreation center ATTACHMENT E Metro-Dade County Affidavits METROPOLITAN DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The METROPOLITAN DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; METROPOLITAN DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; METROPOLITAN DADE COUNTY CRIMINAL RECORD AFFIDAVIT; and DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The METROPOLITAN DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to~tetermine whether or not it pertains to this contract. I, ~.~ ~ ~ /-- , being first duly sworn state: Affiants / The full legal name and bu ine address of the person(s) or entity contracting or transacting business with Metropolitan Dade County are (Post Office addresses are not acceptable): 65-0662615 Federal Employer Identification Number (If none, Social Security) City of Aventura Name of Entity, Individual(s), Parmers, or Corporation Municipal Government Doing Business As (if same as above, leave blank) 2999 NE 191st Street Suite 500 Aventura, Florida 33180 Street Address Ci~ State ZipCode NA I. METROPOLITAN DADE COUNTY DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) If the contract or business transacti6_,~ is with a corporation, the full legal name and business address shall be provided for each o~icer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each parhner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicl?traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or ~a,.~ municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, uny interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a frae of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. NA I1. METROPOLITAN DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? __ Yes __ No 2. Does your frrm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your fu-m's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: __ Males __ Females Aleut (Eskimo): __ Males __ Females : Males Females : Males Females ,N,a, III.METROPOLITAN DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the Count)' Code) The individual or entity entering into a contract or receiving funding from the Coun~ has __ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County __ has __ has not as of the date of this affidavit been convicted of a felony during the past ten (10) Lears. IV. METROPOLITAN DADE COUNTY CUBA AFFIDAVIT (County Resolution R-656-93) That neither the firm (individual, organization, corporation, etc.) submitting this bid or proposal or receiving this contract award or any of its owners, subsidiaries, or affiliated or related Cms, are in violation of the Cuba Democracy Act of 1992. In accordance with County Resolution No. R-656-93, all tm'ns (individual, organization, corporation, etc.) submitting bids or proposals or receiving contract awards attest that neither the Cum or any of its owners, subsidiaries, or affiliated or related rums, are in violation of the Cuba Democracy Act of 1992 which imposes the U.S. trade embargo to Cuba. METROPOLITAN DADE COUNTY EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Metropolitan Dada County, Florida, the above named person or entity is providing a drag-free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the finn's policy of maintaining a drag-free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drag abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days aRer receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinavce in those instances where those provisions are in conflict with the requirements of those governmental entities. VI. METROPOLITAN DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section 11A-29 et. ~ of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Metropolitan Dade County, Florida, an employer with fifty (50) or more employees working in Dade County, for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above fu'm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or an3' political subdivision or agency thereo£ It shall, however, pertain to municipalities of this State. NA VII. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to continue to compl) with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. NA VIII. METROPOLITAN DADE COUNTY COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.1 (c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. I have carefully read this entire four (4) page doctunent entitled, "Metropolitan Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits that do not pertain to this contract. By: ~ ~'"'~ ?/ 1-7-97 (Signature of Affiant) // (Date) SUBSCRIBED AND SWORN TO,or affirmed) before me this 7th __ da)' of January 19 97 by presented Eric M. Soroka ~/Sh ' rl~n lly lea ~ · e is a own to m"'e:or has (Type of Identification) (Signature of Not,aD) ·*/TERESA M. SMITH I~i"ARY PUBLIC. STATE OF FLORIDA (Print W ~l~llill~l[~.O~3 as identification. (Serial Number) (Expiration Date) Notary Public - State of Florida Notary Seal (State) RESOLUTION NO. 97-._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SUPPORTING AND ENDORSING THE HUMANITARIAN FOOD DRIVE TO BE SPONSORED BY SOUTH FLORIDA FOOD RECOVERY AND THE METROPOLITAN DADE COUNTY FIREFIGHTERS AND FIRE RESCUE DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, South Florida Food Recovery, in conjunction with the Metropolitan Dade County Firefighters and Fire Rescue Department, proposes a food drive to be held during the week of November 3, 1997 through November 10, 1997 to provide food for the poor, needy and homeless in Dade County; and WHEREAS, this City Council recognizes the importance of this effort and the obligation of our community to provide assistance to those less fortunate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. This Council supports and endorses the Humanitarian Food Drive sponsored by South Florida Food Recovery and the Metropolitan Dade County Fire Rescue Department to be held during the week of November 3, 1997 through November 10, 1997. Section2. This Council urges all residents and citizens of Aventura and Metropolitan Dade County to join in this effort by bdnging donated food to the nearest Metropolitan Dade County Fire Rescue Station during that week. Section 2. This Resolution shall become effective immediately upon its adoption. Resolution No.g7- Page 2 The foregoing Resolution was offered by Councilmember who moved its adoption. The motion was seconded by being put to a vote, the vote was as follows: , and upon Coun¢ilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patdcia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 16th day of September, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 09-12-1997 08: 18AM ~ROM TO ~8939 P~ 01 Fax Cover Sheet JFeeding r'ne Poor, INeedy, ~nd Homeless SOUTH FLORIDA FOOD RECOVERY, INC. 12050 Northl=~t 14th Avenue P.O. Box 611235 North Miami, Florida 33261 Qflice Phone: (305) 944.6882 Office Fax: (305) 944-0933 Warehouse Phone: (305) WarehouSe Fax:: (305) 09-12-1997 08:18A~ PROM 4668959 Me~opo~tan Dade Cot~nty Offk'e of the F~ Chief 6000 $.%¥. 8~ Avenue Miami, Mortda 33173-1698 (~) r~..~ t4~nd, a September 4, 1997 Mr!. Jule Lir~/1. Executive Director SoUth Florida FoO6 Recovery p:l O. Box 611235 North Miami, Florida 33261 Dear Z~, Littman: I.'~PPre~iate yo~ reg%lest ~or t_he participation of M~tro Dade Fi~ R~scue ~ ~c~i~ f~d ~i~ de~r~ent louks fo~rd to p~tic&Dating in t~ food ~i~ in N~e~r. Pl~se feel fr~ to c~tacu MS. ~onda B~ett, o~ ~lic Rel~ti~s ~er, for this de~r~ent's assis~c~ on ~licizing t~ T~giv~g ev~t. O~r efforts in ~ogr~ su~ ~ ~is se~e to h~qhlk~hU ~t ~rt cf o~ Mission ~tat~ent~ich ~ ...we will ~ re~o~ive to the n~ o~ o~ c~tiz~s ~ providing r~i~ h~it~i~ se~ices...we will actively ~ticf~te in our co~ity, [and] se~ ~ role ~dels... ~J D. Paulison Fire Chief P. 02 RDp/ll~ s Proud TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Council C'~ Eric M. Soroka, September 10, 1997 Resolution Establishin'~ he Stormwater Utility Fee for 1997/98 September 16, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Resolution, which establishes the Stormwater Utility Fee rate of $2.00 per month for each Equivalent Resolution Unit (ERU). Revenues from this soume will be allocated to the Stormwater Utility Fund and earmarked specifically for the construction and maintenance of the City's stormwater drainage system. BACKGROUND The Stormwater Utility Ordinance, No. 97-18, provides for the establishment of a Stormwater Utility Fee to be set by resolution. The recommended fee of $2.00 per month for each ERU is the current fee charged by Dade County. The establishment of the stormwater program and fee was included in the Capital Improvement Program and Budget Document. It is anticipated that the fee will generate $553,241 in revenue during the 1997/98 Fiscal Year. if you have any questions, please feel free to contact me. EMS/aca Attachment CC0367-97 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING THE RATE OF THE STORMWATER UTILITY FEE FOR THE CITY OF AVENTURA STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 97-18, the Stormwater Utility System Ordinance, adopted by the City Council on August 5, 1997, places upon the City Council the responsibility to establish the rate of the fee to be charged for each Equivalent Residential Unit, as the City's Stormwater Utility Fee; and WHEREAS, the City Manager, upon advice and recommendation of the City's engineering consultants, has recommended to the City Council a Stormwater Utility Fee rate schedule to be established herein pursuant to the Stormwater Utility Ordinance; and WHEREAS, the City Council has held a public hearing hereon. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. That the rates to be charged for the Stormwater Utility Fee for each Equivalent Residential Unit ("ERU") shall be Two Dollars ($2.00) per month. Section 2. That ERU's are assigned and calculated for Single Family Dwelling Units, Multi-family Dwelling Units, and Non-Residential Developed Property pursuant to Sections 4 and 5 of the Stormweter Utility Ordinance, in accordance with the rate established in Section I of this Resolution. ~ection 3. That the foregoing Stormweter Utility Fee rates shall become effective on and be applied to all bills for Stormweter Management issued after October 1, 1997. Resolution No. 97- Page 2 Section 4. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Councilmember who moved its adoption. 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 Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 16th day of September, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, Cit August 29, 1997 Proposed Ordinance Providing Moratorium in Marina and Hospital Area 1st Reading September 2, 1997 City Council Meeting Agenda Item 2nd Reading September 16, 1997 City Council Meeting Agenda Item'--~.-~ RECOMMENDATION As per the City Council's request, attached is an Ordinance which establishes a building moratorium in two areas in the City pending the completion of the Comprehensive Plan. The area surrounding the hospital in the northwest portion of the City, and the area adjacent to Thunder Alley Marina area are included in the Ordinance. BACKGROUND The two areas described above are recognized as areas of critical concem because of the transition of land use patterns. It is important to control and guide the transition of these areas to avoid a mix of incompatible and adverse land uses. The City Council has expressed their desire to adopt policies that would change the character of the two areas. This process normally takes place during the preparation of the Comprehensive Plan. In order to ensure that development does not take place pending the formulation of the Comprehensive Plan that would not be compatible with the policies of the City Council, a development moratorium is needed. The Ordinance provides for a waiver and appeal process. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0358-97 CITY OF AVENTURA TO: FROM: DATE: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM September 10, 1997 evelopment Director Current Development Activity Within Proposed Moratorium Areas You have requested a listing of all applications within the two areas to be effected by the proposed moratorium. I offer the following: Marina Area · Aventura Bay Villas - site plan, rezoning and variance submitted 3/7/97, comments sent to applicant 4/30/97, awaiting applicants response, 36 single family units, 4.29 acres, Tract A Atlas Terminal Apartments Plat · Aventura Self Storage - site plan submitted 4/8/97 and building plans submitted 8/14/97, 79,550 sq. ft. building, 4-stories, 1.11 acres, 2940 NE 188 Street Hospital Area Jack Davis, Trustee - Rezoning, non-use variances (Z-96-6-ACC-2), no plans submitted, SE corner of NE 214 Street and E. Dixie Highway. Miami Beach Healthcare Group, Ltd. (Cancer Treatment Center)- non-use variances (02-VAR-97), no plans submitted, NW corner of NE 209 Street and NE 27 Court CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Jay R. Beskin, Councilmember September 11, 1997 Proposed Building Moratorium Ordinance I would like to offer the following amendment to the subject Ordinance: Petitioners who have filed for development approval and are denied a waiver from the Moratorium by the City Council shall receive a refund equal to 75% of the fees paid to the City by the Petitioner for the development approval requested. JRB/tms cc: City Council CITY OF AVENTURA MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Councilmember Arthur Berger DATE: September 8, 1997 SUBJECT: Amendment to the Proposed Ordinance for a Building Moratorium Pursuant to direction of the City Council at its September 2, 1997 meeting, I offer an amendment to the above-captioned Ordinance. It consists of deleting the 2nd, 3rd and 4th WHEREAS clauses on page 2 thereof. AB/tms cc: City Council ORDINANCE NO. 97- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA, WHICH INCLUDES ALL INDUSTRIALLY ZONED (IU-1 AND IU-2) PROPERTY, (EXCEPT FOR: THAT CERTAIN INDUSTRIALLY ZONED PROPERTY LOCATED NORTH OF NE 187TH STREET, WEST OF NE 29TH AVENUE, SOUTH OF NE 191ST STREET, AND EAST OF BISCAYNE BOULEVARD, AND THE INDUSTRIALLY ZONED PORTIONS OF TRACTS "D" AND "E" OF THE PLAT OF BISCAYNE COMMERCIAL [PB 143, P 38]), AS DEPICTED ON EXHIBIT "A", AND THE HOSPITAL AREA, WHICH INCLUDES THE AREA BOUNDED ON THE NORTH BY THE NORTHERN LINE OF THE CITY LIMITS, ON THE SOUTH BY NE 203RD STREET/IVES DAIRY ROAD, ON THE WEST BY THE WESTERN LINE OF THE CITY LIMITS, AND ON THE EAST BY BISCAYNE BOULEVARD RIGHT-OF- WAY, AS DEPICTED ON EXHIBIT "B", WITHIN THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN. WHEREAS, pursuant to Section 8.03 of the Charter of the City of Aventura (the "City"), and Section 163.3167(4), Fla. Stat., there is presently in effect within the City the provisions of the Comprehensive Plan of Metropolitan Dade County (the "County Plan"); and WHEREAS, the City Council is presently working through its consultants and staff on the preparation of a Comprehensive Plan for the City in accordance with Section 163.3177, Fla. Stat. (the "City Plan") which, upon implementation, shall serve to guide, Ordinance No. 97- Page 2 control and determine land use, development and growth, so that the public health, welfare and safety is protected and the aesthetic and visual qualities of the City are further enhanced and are protected from impairment by incompatible uses; and WHEREAS, the Marina Area and Hospital Area respectively described in Exhibits "A" and "B" are recognized as areas of critical concern because of the transition of land use patterns, and are recognized as areas in which it is necessary to carefully control and guide development in order to enhance and preserve the quality of life in the City; and WHEREAS, in the Hospital Area a trend is emerging in which land use is being transformed from residential to medical and office use; and WHEREAS, the Hospital Area is a prime situs for the important medical industry located within the City, and it is necessary to encourage careful planning of medical and related facilities to assure that available land resources are used and projects are designed so that piecemeal development is avoided, and the health and employment benefits of the medical industry are optimized, while meeting aesthetic concerns of the City; and WHEREAS, in the Marina Area a trend for land use change is reflected by several applications in which it is proposed to convert industrial uses to residential uses; and WHEREAS, it is necessary to control and guide the transition of the Marina Area to avoid a mix of incompatible and adverse land uses as independent residential and industrial users seek to develop in that area; and WHEREAS, the City Council desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the 2 Ordinance No. 97- Page 3 City Plan, that additional development orders and development permits are not issued in the Marina Area and Hospital Area, so that once the City Plan is prepared and implemented it will be fully effective in accomplishing its purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Moratorium Imposed. During the time that this Ordinance is in effect as specified in Section 8 below, there shall be a moratorium upon the issuance of Development Orders and Development Permits, as those terms are defined in Section 163.3164, Fla. Stat. (collectively "Development Orders") cenceming development within the Marina Area and Hospital Area within the City. Section 2. Waivers. The City Council, after a public hearing, may grant a waiver to the moratorium provided above and authorize the issuance of Development Orders in the Marina Area and Hospital Area, where the City Council determines, based upon substantial competent evidence, that the specific use or activity requested by the waiver application will not detrimentally effect the preparation and implementation of the City Plan and will be compatible with surrounding land uses. Section 3. Vested Rights. (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner can demonstrate each of the following: (1) A governmental act of development approval was obtained prior to the Ordinance No. 97- Page 4 effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. (B) Except as provided in paragraph (C) of this Section, any property owner claiming to have vested rights under this Section 3 must file an application with the City Council for a vested rights determination within 90 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documentary evidence supporting the claim. The City Council shall hold a public hearing on the application pursuant to Ordinance 96-09 and Ordinance 97-15 and based upon the evidence submitted shall make a determination as to whether the property owner has established vested rights. (C) ,&ny property owner claiming to have vested rights under this Section 3, by virtue of a governmental act of development approval which was obtained after the date of incorporation of the City, may follow the procedure authorized by this paragraph (C) in lieu of the procedure provided by paragraph (B). The procedure under this paragraph (C), shall be as follows: (1) The property owner claiming such vested rights shall file an application with the City Manager for a vested rights determination Ordinance No. 97- Page 5 within 90 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $50.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documentary evidence supporting the claim. The City Manager or his designee shall review the application and based upon the evidence submitted shall make a determination as to whether the property owner has established vested rights. (2) The City Manager's decision shall be subject to appeal to the City Council by notice of appeal filed with the City Clerk within ten (10) days of the City Manager's written decision. Section 4. Appeals. Appeals from final decisions by the Council under Section 2 or Section 3 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of municipal agencies. Section 5. Modification to Vested Development. Within 120 days of a final determination of vested rights under Section 3, a property owner shall have the right to file an application requesting a modification to the vested development, notwithstanding the moratorium imposed by this Ordinance. In considering the application, the City Council (or City Manager under Section 3 (C)) shall apply all established criteria and land development Ordinance No. 97- Page 6 regulations then in effect, including applicable concurrency regulations, and zoning in progress. This right to apply for modification does not in any manner vest any rights, and such application shall be considered a new application subject to de novo proceedings. Section 6. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 7. Replacement of County Code Moratoria Provisions for Specific Matter. Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of Section 33-319 et seq. of the County Code concerning building and zoning moratoria, solely as related to the specific matter of this Ordinance pertaining to the Marina Area and Hospital Area described herein. Section 8. Term. The moratorium imposed by this Ordinance is temporary and shall be effective for a period of 180 days from adoption hereof, unless dissolved earlier by the City Council. Further, the moratorium shall automatically dissolve upon the adoption of the City Plan, the formulation and adoption of which shall be expeditiously pursued. The moratorium may be reasonably extended, if necessary. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Councilmember Berger, and upon being put to a vote, the vote was as follows: Ordinance No. 97- Page 7 Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Councilmember , who moved its adoption on second reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2r~ day of September, 1997. PASSED AND ADOPTED on second reading this 16th day of September, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY '7 City TRACT A TR ·Loehmann's Fashion Island NOT ~INCLUDED TRXCT A TRACT k ;..~r___Wiliiams Islan~ ~ SOt EXHIBIT a MARINA AREA TRACT 0 04Hr) · NORTHERN LIMITS · I TRACT N [ I I TR JJ TRACTI e I TRACT "C" TRACT A TR B JTHERN LI~ TRACT A TR A TR C RACT W TR A RACT R TRACT EASTERN LIMITSI D~mfoundling Bay WE 'ERN LIMITS a" FEC Railroad £ CT HE .29 CT _ 09/11/97 THU 17:28 FAX FX 3 ~002 ECKEI SEAMANS CHERIN & MELLOTT, LC September 11, 1997 Miemi, FL 3313 Facsimile Mr. Eric M. Soroka City Manager City of Aventura 2999 N.E. 191 Street, Sth Fir. Concourse Center 2 Aventura, FL 33180 Proposed Building Moratorium Dumbfoundling Bay, Ltd., 3.85 acres at the N,E. Comer of 188th Street and N.E. 29th Avenue Dear Mr. Soroka: I have been in comact with Tenet HealthSyatem Hospitals, lac, with regard to the termination of their purchase contract for the above property. Thc decision maker for this transaction is presently out of the country. However, I have been assured by their legal counsel that the termination was due to the moratorium and not their lack of imerest in the property. In addition, they would be interested m reinstating the contract if the property were exempt from the proposed moratorium area. We will be prepared to provide the City with a legally binding Covenant witb&a sixty (60) days of the parameters of this office project. We would still respectfully suggest the presence of your outside planning consultant at your next public hearing so that we may ascertain the planning guidelines as to N.E. 29th Avenue. Thank you for your usual coopera~io~a. Very truly [~..~ Stanley B. Price SBP:cm cc: Richard Weiss, City Attorney STANLEY B, PRICE 305/ 367-3816 09/10/97 WED 10:47 FAX 305 ~735933 FX 2 ~002 SEAMANS (2-IERIN & MELLOTT, rc September 9, 1997 Hon. Mayor Arthur I_ Snyder and Membcrs of the City Council City of Aventura Oovcrranent Center 2999 N.E. 191 S~xcct, Suite S00 Aventura, FL 33180 RE.' Proposed Building Moratorium Dumbfoundling Bay, Ltd. 3.85 acres at the Northeast Corner of I88th Street and N.E. 29th Avenue l'ittdmrgh Dear Mr. Mayor and Members of the City Council: It is with great regret that I enclose a letter from legal counsel for Tenet ItealthSystom Hospitals, Inc. in conjunction with the termination of their purchase contract because of the above-styled proposed moratorium. As you will note, the uneartainty associated with a moratorium has n0~ only created concern and anxiety ia the development community, but has caused a loss to my clienu as well aa the citizens of Aventura. As I noted at your public hearing last week, it is readily apparent that N.E. 29th Avenue is a tramitional area between the commercial uses to the west and the industrial uses to the east. Office usage along N.E. 29th Avenue is clearly an appropriate )and use. This property is located on N.E. 29th AvenU*, which is a major arterial corridor and forms a major componem to a north.south system, east of Biscayne Boulevard. The area is totally inappropriate for residential or industrial zoning along this corridor. We r~spectfully suggest that to impose a moratorium on those lots fronting N.E. 29th Avenue and by restricting and/or delaying the ability of property owners to utilize the prope~ for office development, creates a n~xtleas burden upon these property owners. Even the possibility of a waiver at a later date does not alleviate this burden. Accordiagly, I reSpectfully request that this property be exempted from the proposed moratorium so that the ownem may attempt to re-interest Tenet HcalthSystem Hospitals, Inc. or another equally suitable purchaser for their property. Thank you for your consideration of this request. SBP:cm ~l* cc: Eric Soroka. City Manager STANLEY B_ PRICE 305/ 347-3816 09/10/97 WED 10:47 FAX 305 3738~933 FX 2 FAINSBERT ~V[_.ASE; & SNYDER, LLP ~003 september 5, 1997 V_~A FACSIMILE AND FEDER3%L ExPRES~ Dumbfoundling Bay, Ltd. 2875 ~ortheast 191st street Suite 702A Miami, FL 33180 Our File: 784.0! AtLention~ David Rozen Re: 3.85 Acres, NE Corner 29th Avenue and 188th Street, Aventura, Florida Dear Mr. Rozen: On behalf of Tenet HealthSystem Mospitals, Inc., this shall serve as notification that our client has decided not to go forward and complete the purchase of the captioned real property from Dumbfoundling Bay and to terminate the Purchase and Sale Agreement between Dumbfoundling Bay and our client dated as Of July 7, 1997. At this point in our due diligence review of the property, there is an unacceptable level of uncertainty concerning the moratorium on construction affecting the subject property and the surrounding area being considered by the Aventura city Council. By a copy of this letter, request is hereby made of chicago Title Insurance Company for the immediate release of the earnest money deposit held in its Escrow No. 309705015, plus all interest accrued on that deposit, to the undersigned- 09/10/97 ~D 10:47 FA~ 3.05 ~7389~ FZ 2 ~004 ~A/NSBERTI~$E & SN%~DER. LLP Dumbfoundling Bay, Ltd. Attention: David RQzen September 5, 1997 Page 2 Thank you for your assistance and cooperation during our negotiations and due diligence review. Please let us know if there is a change in the circumstances surrounding the proposed moratorium as if affects the subject property. Very truly yours, FAINSBERT MASE & SNYDER, LLP LAWRENCE A. SNYDER LAS:sbr cc: Mark Aaronson, E~q., Eckerd, Seamans, Cherin & Mellotj Jim ~arvy, Chicago Title Insurance Company Douglas G- Lerner, Tenet HealthSystem Milton McKay, Esq., Tenet HealthSystem James G. Wheeler, Esq., Broad and Cassel Mike Klotz, CB Commercial CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council _~/,~ Eric M. Soroka, July 15, 1997 Proposed Code of Ethics Ordinance Ist Reading August 5, 1997 City Council Meeting Agenda Item 2nd Readincl September 2, 1997 City Council Meeting Agenda Item ~ 2nd l~madin~ September 16, 1997 City Council Fleeting Agenda teem Attached please find the proposed Ethics Ordinance. The Ordinance contains the revisions requested by the City Council at the Workshop Meeting. if you have any questions, please feel free to contact me. EMS/aca Attachment CC0332-97 ROY J. BAR(~UET STEPHEN S. BODDEN NINA L. BONISKE DANIEL h. COULTOFF l. ROBERT ELIAS EDWARD G. GUEDES STePhEN J. HELFMAN JILL A. JARKESY~ GILBERTO PASTO RIZA ELLEN N. SAULe GAll D. SEROTA~ JOSEPH H. SEROTA DANIEL A. WEISS# RICHARD JAY WEISS DAVID M, WOLPIN STEVEN W. ZEIKOWITZ Wv, xss S , oxx & P.A. ATTORNEYS AT LAW 2665 SOUTh BAYSHORE DRIVE SUITE 420 MIAMI~ FLORIDA 33133 tELePhONe (305) 854-0800 tELeCoPler (305) 854-~3~3 September 5, 1997 BROWARD OFFICE 888 eASTLAS OIAS BOULEVARD SUITE 710 FORT LAUDERDALE1 FLORIDA 33301 PALM BEACH OFFICE 1~72 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 tELECOPIeR (561) 39~-755I Mr. Eric M. Soroka City Manager City of Aventura 2999 Northeast 191 Street Suite 500 Aventura, Florida 33180 Re: City Of Aventura Cede Of Ethics Dear Eric: Pursuant to direction of the City Council at the September 2, 1997, City Council meeting, we have revised the proposed Code of Ethics Ordinance for consideration by the City Council on September 16, 1997, for final adoption. The revision is reflected in Section 4 "Penalty," which provides for the Dade County Ethics Commission to have primary jurisdiction for enforcement, and if a violation is found, to impose a penalty which conforms with the Ethics Commission's authority pursuant to County Ordinance 97-105. We have conferred with Dade County in making this proposed revision. Please advise if anything further is required. David M. Wolpin DMW/cmb Enclosure 328001 cc: Teresa Mo Smith, City Clerk Richard Jay Weiss, Esq. R£CEIV£D SEP 0 8 1997 OFFICE OF THE C~ ~IANAGER 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. Legislative 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, therefore, 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. (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 Ordinance No. 97-~ Page 2 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) The State of Florida "Code of Ethics for Public Officers and Employees", codified in Chapter 112, Florida Statutes, as may be amended from time to time, and (2) The "Dade County Conflict of Interest And Code of Ethics Ordinance", codified at Section 2-11.1 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. Additional Conflict of Interest Restriction Concemin,cl 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) VVhenever 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 Attomey 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 Ordinance No. 97-___ Page 3 the members of those City Advisory Boards whose primary responsibility is to provide recommendations or advice to the City Council. (5) For purposes of this Section, the term "organization" means a corporation for profit or not-for-profit, and includes a political committee or committee of continuous existence as defined in Chapter 106, F.S. Section 4 Penalty In ~'~'~;*;"" * ......... ~*~"° *~'"* ....~' .......~'"'~ ~"' ~' ...................................... ] ~ ~ ............ · .......................... Th.. Ethics Commission created pursuant to Dade County Ordinance 97-105 shall have primary jurisdiction for enforcement of this Ordinance. A findin~l by the Ethics Commission that a person has violated this Ordinance shall subiect said person to an admonition or public reprimand and/or a fine of two hundred fifty dollars ($250.00) for the first such violation and five hundred dollars (~500.00) for each subsequent violation. 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. 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 the City of Aventura; that the sections of this Ordinance may be renumbered or 3 Ordinance No. 97-__ Page 4 relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. The motion was seconded by Councilmember Cohen, 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 Patdcia Rogers-Libert Vice-Mayor Jeffrey M. Perlow 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. 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 Councilmember Patricia Rogers-Libert Vice-Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 5th day of August, 1997. PASSED AND ADOPTED on second reading this 16th day of September, 1997. ARTHUR I. SNYDER, MAYOR Ordinance No. 97-__ Page 5 ATTEST TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 5 CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Patricia Rogers-Libert, Councilmember September 11, 1997 Florida League of Cities - 1997 Resolutions Please place on the agenda a motion to accept the attached Resolutions adopted by the Florida League of Cities. PRL/tms Attachments cc: City Council I~LURIDA LEAGUE Old' (21 I'IES' ANNUAL CONFERENCE THURSDAY, AUGUST 21, 1997 4:00 P.M.-5:00 P.M., IN THE ENGLAND ROOM BUENA VISTA RESORT & SPA, LAKE BUENA VISTA, FLORIDA REVISED Agenda (Revised 8/21/97) Operfing Remarks - Chairman Sam Ferreri, Mayor, City of Greenacres, First Vice President, FLC B. Welcome and Introductions C. Review of Procedures and Rules Consideration of the following Proposed Resolutions: Broadcast Spectrum ISTEA EPA National Ambient Air Quality Standards Tax-exempt Bond Arbitrage Restructure of Electric Delivery System Tax-Exempt Bonds to Finance Sports Facilities Internet Tax Preemption ~. Federal Law Enforcement Grants t~ Federal Sanctions on CDBG Funds ~"10. Clarence Anthony Endorsement fo: NLC 1st Vice President City of Jasper Appreciation Resolution Florida City Government Week (10/19-25/97) Conference Appreciation to Host City & County/Local League and others Municipal and Special District Ad Valorem Taxation Investment Advisory Committee Appreciation Resolution Eastward and Westward HO! Beach Renorishment E. Other Business F. Adjournment file name:H:\d\97armcon.97agenda doc Florida League of Cities, Inc. 71th Annual Conference - August 21-23, 1997 Buena Vista Palace Resort and Spa Lake Buena Vista RESOLUTIONS COMMITTEE REPORT AND ERRATA SHEET Resolution 1997-01: Amended as follows, then adopted by the committee: Preamble is amended to read: A resolution of the Florida League of Cities, Inc. urging action by President Clinton and Congress to act to ensure broadcast spectrum is made available to municipalities to ensure and protect public safety, communications. Second Whereas is amended to read: Whereas, President Clinton and Congress had provided to make broadcast spectrum available to police, fire and emergency response agencies by 1998 as part of the balanced budget agreement, and Whereas, the new law President Clinton signed on August 5. 1997, would not make critical spectrum available to cities in a timely manner: and Section 1 is amended to read: Section 1: That the Florida League of Cities, Inc. urges President Clinton and U.S. Congress to enact legislation immediately to reserve 2~4 megahertz of broadcast channels 60 to 69 for exclusive use of state and local government public safety agencies. Resolution 199%02: Substitute Amendment as amended. Resolution 1997-03 and 1997-04: Adopted as presented; unanimously. Resolution 1997-05: Amended as follows, then adopted by the committee: Second Whereas is amended to read: Whereas, restructuring the delivery of electricity will affect related municipal authority, such as rights-of-way, land use and zonine authority, franchise fees, state and local tax revenues, or other revenue generating systems; and Fifth Whereas is amended to read: Whereas, the Florida League of Cities and the National League of Cities believe that states and local governments, which traditionally regulate the electric utility industry, should lead any restructuring deliberations rather than the Federal government and oppose any federal preemption of traditional state and local authority. Section 1 is amended to read: Section i. That President Clinton and the U.S. Congress should defer to the work o~f state and local elected officials in restructuring the electric utility industry as prescribed below: Resolutions 199%06 throueh 1997-14: Adopted as presented: unanimously. Resolution 199%15: Amended as fbllows, then adopted by the committee: Fifth Whereas is amended to read: Whereas, the Investment Advisory Committee is comprised of Chairman G. Michael (Mickey) Miller, Finance Director for the City of Orlando; Damon Adams, Finance Director for the City of Fort Lauderdale; Robert Inzer, Treasurer-Clerk for the City of Tallahassee; James Maniak, Finance Director for the City of Daytona Beach; Mervyn Timberlake, Director of Financial Services for the City of Boca Raton; and William Underwood, F:':'~'tce Director of Administrative Services for the City of Stuart; and Resolutions 1997-16and 199%17: Proposed floor resolutions, as revised by staff' pursuant to committee request. PROPOSED RESOLUTION 97-01 A RESOLUTION OF TH~ FLORIT)A LEAGUE OF (211ES, INC., IN OPPOSITION TO PRO~A~ BY P~ ~ON ~ CONG~ TO AU~ON ~ BROADC~ ~E~ ~T ~ ~D BY ~C~A~ TO ENS~ ~ PRO~ P~C S~i Y CO~O~. WHEREAS, concerns about public safety continue to be a prevailing interest of Floridians and the American public; and WHEREAS, President Clinton and Congress are proposing to auction the broadcast spectrum; and WHEREAS, the broadcast spectrum is a finite resource critical to the ability of police, fire, emergency rescue, and disaster agencies to conumunicate in the event of natural disaster, criminal or man-made accident or any other serious incident jeopardizing lives and property in municipalities; and WI-I]~REAS, the allocation of the broadcast spectrum is fundamental to the abi~ty of emergency response agea~cies to communicate together, to ensure a timely resper~se when lives are at stake, and changes in allocation may force municipalities to spend hundreds of millions of dollars for the purchase of equipment compatible with different bands of the spectrum; and WZIEREAS, the Public Safety Wireless Advisory Commission, established by U.S. Congress in 1993 and charged to design a plan for public safety telecommunication needs through the year 2010 has specifically found the states and local government~ have less than 50 percent of the broadcast spectru~n currently n~cessary to effectively protect property and lives in communities and far less than will be required to address public safety needs between now and the year 2010. NOW, THEREFORE, BE 1T RESOLVED BY THE FLORFDA LEAGUE OF (zl I1ES, INC.: Section 1. That the Florida League of CiUes, Inc. urges President Clinton and U.S. Congress to munediately reserve 25 megaher~ of broadcast channels 60 to 69 for exclusive use of state and local government public safety agencies. Section 2~ T~at the Federal Conununicatiorrs ComnUSsion act on a long term plan to meet public safety needs affecting munidpalities between now and the year 2010. Section 3. That a copy of this resolution be provided to President Clinton, the Florida Congressional Delegation and the National League of Cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in con/erence assembled in tkls League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael $ittlg, Executive Director Florida League of Cities, Inc. Submitted by the League Staff H:\ d~ 97a~ncon~ 97r esbcs.doc SUBSTITUTE PROPOSED RESOLUTION 97~02 A RESOLUTION OF THE FLORIDA LEAGUE OF CiTIES, INC., IN SUPPORT OF THE REAUTHORIZATION OF THE INTErfiMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA), BY THE UNITED STATES CONGRESS, AND SUPPORTING THE ELIMINATION OF FUNDING INEQUITIES 7HAT EXIST FOR THE RECEIPT OF FUNDS BY THE STATE OF FLORIDA. WId-EREAS, the intermodaI Surface Transportafion Efficiency Act (ISTEA) is due to expire on September 30, 1997; and WHEREAS, ISTEA has historically provided needed funding to meet the various transportation needs of the State of Florida, including, but not limlted to, transit and traffic congestion mitigation; and ~[EREAS, the U.S. Congress has begun ac fivities to reauthorize the ACT; and WHEREAS, continued federal funding of ISTEA and flexibthty to Iocal governments is critical to Florida and its urban and rural commufutles; and WHEREAS, the inequity of the State of Florida, being a donor stere, receiving back only 78 cents per dollar, has resulted in the State of Florida contributing over $1 Billion Dollars more to the Federal Highway Trust Fund than it has received since the enactment of ISTEA; and WHEREAS, the key issue to be addressed in the reauthorization process is the equitable dis~cibution of federal transportation funds. WHEREAS, military technology advancements can be apphed to civilian transportation issues; and WHEREAS, the General Accounffug Office (GOA) has identified major challenges facing Metropoilten Planning Organlzafions including fiscal requh'emenis, pubhc access and prioritization access. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.,: Section 1. That the Florida League of Cities, Inc., strongly urges the U.S. Congress to reauthorlze the intermodal Surface Transportation Efficiency Act, including contmulng such programs as CMAQ and Enhancements, and conlinuing the planning principles and State-Local decision making process presently ouffined in ISTEA, in a timely manner. Section 2. That the Florida League of Cilles, Inc., strongly urges the U.S. Congress to remedy the extreme funding inequity that exists in Florida's donor state status, by ensuring that every state receives at least a trae 95% rate of return on the payments they make to the Federal Higinvay Trust Fund, which is consistent with the targets set under the STEP 21 reauthorization bill. Seclion 3. That the Florida League of Cities, inc., urges the end of the diversion of gas tax revenues in the various transportation trust funds for deficit reduction or any other non- transportation purposes. Section 4. That the Florida League of Cities, Inc., s~ongly supports efforts to preserve and simplify local governments' program flexibility. Section 5. That the Florida League of Cflaes, Inc. strongly urges Congress to authorize research and deveIopment funding for technology tool development that facilitates the Metropolitm~ PIanfung Organization's implementations of project prioritization, public process and fiscal requirements. Section 6. That a copy of this resolution be provided to Pres/dent Clmton, President of the Senate, Speaker of the House, the Florida Congressional Delegation, the Secretaries of the U.S. and the Florida Departments of Transportation, the NafionaI League of Cities, Governor Chiles, the President of Enterprise Florida, the Chairs and Vice-Chairs of the Florida and US. Transportation Committees, the Florida Transportation Commission, and the Florida Metropohtan Planning Orgainzation Advisory Council. PASSED AND ADOPTED by the Florida League of Cities, Inc., In conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submilted by: Richard J. Kaplan, Cl~air M,F & T Committee Member and Florida Metropolitan Planning Organization Advisory Conm~ittee PROPOSED RESOLUTION 97q)3 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., IN OPPOSITION TO THE UN12~D STATE'S ENVIRONMENTAL PROTECTION AGENCY'S STANDARDS ON THE NATIONAL AMBI~e/qT AIR QUALITY STANDARDS FOR OZONE AND WHEREAS, clean als is important for all citizens, but the adoption of the U.S. Envizonmental Protection Agency's (EPA) rule standards on the National Ambient Air Quality Standards for Ozone and Particulate Matter imposes an unfunded mandate on local govermnents; and ~AS, there is scientific uncertainty as to whether paniculate matter (regulated at 2.5 microns) constituents of particulate matter (suffur dioxide, nitrogen oxide, volatile orgmuc compounds) are health risks; and WHEREAS, fullimplementation of the existing stmadards for ozone has not yet been fully completed and previous non-attainment areas in Florida are currently under a maintenance program to ensure their compliance; and WHEREAS, these new standards will have a significant impact on municipal governments in Florida by creating areas that under these new rules would be determined to be out of compliance with the National Ambient Air Quality Standards; and WHEREAS, Congress passed the "Unfunded Mandates Relief Act" in 1995, winch was rafffied by President Clinton, and given this federal law's intent, it is unconscionable for a federal agency to promulgate a rule without conducting a cost/benefit analysis of the proposal; and WHEREAS, court-ordered deadlines to resolve issues involving complex scientific matters are inappropriate. NOW THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF t-I I t~S, INC.: Sec~on 1. That the U.S. Congress should review EPA's rule revision to 40 Code of Federal Regula~on 50, pertaiulng to the National Ambient Air Quality Standards for Ozone and Particulate Matter, repeal the amendments to the regulation and encourage the reaffirmation of the regulation as it existed ptior to the recent revisions. Section 2. That President Clinton and the U.S. Congress direct the U.S. EPA to conduct an economic impact analysis on 40 Code of Federal Regulation 50, pertaining to the National Ambient Air Quality Standards for Ozone and Particulate Matter. This analysis should be conducted in conjunction with the Congressional Budget Office, to determine the cost of the impact and the scientSdic justification of the rule modifications. The findings of ~ analysis should be made public, and should be formally reported to President Clinton and Congress. Section 3. That the Florida League of Cities, Inc. urges President Clinten and U.S. Congress to ensure that the EPA has adequate time to cor~sider all relevant evidence in revising air standards, and that the EPA not be forced to promulgate new and costly standards prematurely because of arbitrary court-ordered deadlines or other imposed time frames. Section 4. That a copy of this resolution be provided to P~sident Clinton, the Secretary of EPA, the Florida Congressional Delegation, the National League of Cities and Governor Chiles. PAfi~SED AND ADOPTED by the Florida League of Cities, inc., m conference assembled in th~ League's 75th Anniversary yeax, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. ATTEST: Michael $ittlg, Executive Director Florida League of Cities, inc. Submitted by the League Staff Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale PROPOSED RESOLUTION 97~04 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., IN OPPOSITION TO THE PROPOSED 1NTEI{NAL REVENUE SERVICE'S REVENUE PROCEDURE 96-41 THAT IMPOSES A FINANCIAL BURDEN ON ivlUNICI~AL1TIES FOR ALLEGED ACCUSATIONS OF ARBITRAGE. WHEREAS, the federal goverrunent has enacted statutes and regulations to discourage the borrowing of money by municipalities and other issuers of tax-exempt bonds at the lower interest rates made lx~sible by the federal tax exemption and then as tax-exempt entities WHEREAS, the federal government through the Internal Revenue Service (IRS) and the Securities and Exchange Commmsion has initiated investigations, audits and other enforcement WHEREAS, the IRS has issued a proposed Revenue Procedure 96-41, that wllI likely mandate some 3,000 state a~d Iocal governments to pay the federal govenxment aproXXmately one billion dollars, the amount which the IRS alleges these same municipalities have been overcharged by underwriters and securities dealers for invest~ents; and WHEREAS, it appears that the current federal enforcement strategy and taci~cs of the federal government ulffairiy targets municipalities for damages which axe the responsibility of securities dealers. NOW THEREFORE, BE 1T RESOLVED BY THE FLORIDA LEAGUE OF CIIIi~S, INC.: Section 1. That to the Federal Government's enforcement of federal arbitrage statutes and regulations, the federal government should not take action against municipalities that have issued municipal bonds ff that municipality has not enjoyed any financial benefit from the alleged violations, and said muulcipaldty cooperates with federal investigations to seek recovery from parties alleged to have received financial benefit from the smpected violations. Section 2. That the IRS should withdraw Revenue Procedure 96-41, as well as recommended Congressional committees' statutory chang~ which would remove perceived or actual bamers to the exchange of information between the IRS and other federal financial enforcement authorities related to arbitrage enforcemenL Additionally, a Revenue Procedure should be formally established that encourages the cooperation of all adversely affected governmental parties and removes the threat of the IRS audits, penalties and investigations on issuers who received no benefit from questioned arbitrage transactions. Section 3. That a copy of this resolution be provided to President Clinton, the Florida Congressional Delegation, the Na~onal Leagae of Cities and Governor Chiles. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in th~s League's 75th Anniversary year, at the Buena Vista Palace Resort oznd Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael Sittig, Executive Di~ctor Florida League of Citles, inc. Submitted by the League Staff h:\ D\97ANNCON\ 97RARBT.DOC PROPOSED RESOLUTION 97-05 A RESOLUTION OF TH~ FLORIDA LEAGUE OF ~tll]~, 12~/C., 12q SUPPORT OF PROCEDURES TO ENSURE A BALANCED APPROACH TO RESTRUCTURE THE DELIVERY OF ELECTRICITY. WHEREAS, efforts are underway on the Federal and Florida governmental levels to inject competition in the electric utility industry; and WHEREAS, resh'ucearmg the delivery of electridty will affect related municipal authority, such as righte-of-way, franchise fees, or other revenue generating systems; and WHEREAS, the delivery and distribution of electricity has been adapted to the unique needs and circumstances of different states and regions; and WHEREAS, city officials recograze that new technology now ec~ists to meet market and consumer pressures for lower cost electricity; and WHEREAS, the Florida League of Cities and the National League of Cities believe that states and local governments, which traditionally regulate the electric utility industry, should lead any restructuring deliberations rather than the Federal government. NOW THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF C1TtES, YNC.: Section 1. That President Clinton and the U.S. Congress must work on an equal basis with state and local elected officials in restructuring the electric utility industry as prescribed below: Consultation: That the Clinton Administration and U.S. Congress must work on equal basis with state and local elected officials in restructuring the electric utility industry. Reliability: That before approval of any restructuring proposal, an electric system must assure reliability and consistency of service, in the event of restructuring, the Federal Energy Regulatory Commmsion (FERC) should ensure that all consumers can count on the long term integrity, safety, and reliability of the electric system and electricity service. Revenue Authority: That the municipalities should continue to have the authority to issue franchises or to levy taxes with no Federal or State government preemption of municipal revenue authority. Equitable Benefits: That any restru~g program should result in all ratepayers, both large and small, equitably sharing in the benefits of a restructured electric utility industry. Social and Environmental Impacts: That all electric u~lity market participants should contribute equitably to accomplish public pohcy objectives such as support for energy efficiency and conservalion, environmental programs, renewable energy sources, and alternative energy efforts. Entities that create elec~ic power should be held to environmental standards, ensuring that cheaper power does not carry a pollution penalty for the generating area. Municipal Utilities: That any restrucfurlng must maintain the existing powers of municipalities; must not abridge the existing authority of municipal utilities to operate, and must not abridge the ability of municipalities to form municipal u~lities in the future. Rights-of-Way: That local governments' authority to manage their rights-of-way and to receive just compensation for the use thereof must be maintadmed. Stranded Investments: That the problem of stranded invest~nent should be resolved in a way that keeps investors, ratepayers, and entities creating electric power financially whole. Any change should honor the past regulatory commitment of providing for the recovery of legithxtate stranded costs through the FRC and the states. Aggregation: That under any restructuring program, municipalities, either individually or on a regional basis, sliould have the opportunity to consider combining the electric load of various users and negotiating the purchase of electricity on behalf of those consumers. Mumdpaliffes should have the opport~udty to become repositories for municipal operations or the community at large. Those cities that choose to aggregate should abide by the principles of Social Environmental Impacts Reliability, Equitable Benefits and Sh'anded Investments so that no cost shift~g or cost avoidance occurs to the detriment of residential and small business Transition: That there should be sufficient transition periods for local governments that are consistent with the magnitude of change to be achieved in order to allow for adaption to new structures and to avoid disrupting services to the public. Section 2. That a copy of ~ resolution be provided to President Clinton, the Florida Congressional Delegation, the National League of Cities, and Governor C/tiles. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, th~s 23rd Day of August, 1997. ATTEST: Michael Sit'fig, Executive Director Florida League of Cities, Inc. Submitted by the League Staff H:/~97annco~97mr.doc Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale PROPOSED RESOLUTION 97-06 A RESOLUTION OF THE FLORIDA LEAGUE OF CHthS,/NC., IN OPPOSITION TO PROPOSED CONGRESSIONAL L~GISIAkTION RETROACTIVELY BANNrlNG MUNICIPALITIES PROM USING TAX-EXEMPT BONDS TO FINANCE SPORTS AND COMMUNITY RECREATION FACILITIES USED BY PROFESSIONAL ATHLETES. WHEREAS, U. S. Senator Daniel Moynihan of New York has proposed retroactive legislation, bannmg municipalities from using tax-exempt bonds to finance sports and community recreation facLlities used by professional athletes that would be reltoactively effective to June 14,1996; and WHEREAS, the introduction of this legislation has made it impossible for bond counsel to provide clean opimom to municipalities seeking to finance such facilities, regalating substantial costs and delays on dozens of cities; and WHEREAS, the introduction of this legislation has the effect of preempting municipal authority and public accountability and is an unwarranted action; and WHEREAS, neither house of Congress has held any hearings or planned any consideration of this legislation, but Senator Moynihan has indicated he plans to reintroduce the legislation with the same retroactive date in the 105th Congress; and WHEREAS, the legislation bars the use of tax-exempt bonds for school, community recreation, and sports facilities which are used largely by the public; and WHEREAS, this type of retroactive legislation by a single member may set a precedent for other members who seek to impose their personal preemptions on local elected officials' ability to perform appropriate municipal roles and responsibilities for pubhc services and facilities. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF ~-t Ill, S, INC.: Section 1. That the Florida League of Cities (League) urges President Clinton and the U.S. Congress to oppose efforts to preempt municipal authority to provide municipal financing for school conmaunlty recreation and sports facilities. Section 2. That the League urges President Clinton and the U.S. Congress to take action to ensure that the bill wfl[ not be considered with a retroactive date. Section 3. That the League urges President Clinton and the U.S. Congress to oppose retroactive municipal bond legislation which interferes with or preempts local priorities and may impose unfimded costs on local taxpayers in Florida and across the nation. S~ction 4. That a copy of this resolution be provided to President Clinton, the Florida Congressional Delegation, the National League of Cities and Governor Chiles. PASSED AND ADOPTED by the Florida League of Cities, inc., in confere~ace assembled in this League's 75th Anniversary ye&r, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by the League Staff H:\ d\ 97amacon\ 97rbfsf.doc PROPOSED RESOLUTION 97-07 A RESOLUTION OF THE FLORIDA LEAGUE OF tdlILES, INC., IN OPPOSITION TO FEDERAL PRE--ON OF STATE AND LOCAL AUTHORITY OVER TELECOMMUNICATIONS. WHEREAS, the Florida League of Cities, Inc. supports the growth of telecommunications technology, including the Internet, as a means of s/xengthening local economies, producing new educational and health benefits for communities, permitting municipalities to deliver services in new, effident and innovative ways and for other purposes; and WFIEREAS, the Florida League of Cities, Inc. supports the h~toric and essential authority and responsibility of states and local governments to enact and implement local laws and pohcies £, me best interests of local commumties; and WHEREAS, the Florida League of Cities, Inc. expects that the U.S. Congress and the Administration will also support and respect the ~xaditional powers of states and local governments as ~qulred by both the U.S. Constitution and the Unfunded Mandates Act of 1995, and will not support any law or pollcy that would infringe on state and particularly mtm/cipaI liability or be inconsistent with the Unfunded Mandates Law; and WHEREAS, the Florida League of Cities, Inc. supports the ability of states and local governments to exercise their lag~thnate authority to regulate or collect revenue from telecommunications companies, including Internet companies, that operate within their WHEREAS, any exercLse of this authority should be implemented in a fair and non- discriminatory manner, and should not inhibit the growth of the telecommunications industry, but preserve local autonomy and the ability to meet the needs of local citizens; and WHEREAS, fairness in the exelcise of this authority is also essential to pro,oct community businesses whose revenues support vital, local services from any competitive disadvantage. NOW THEREFORE, BE rr RESOLVED BY TI-rE FLORIDA LEAGUE OF Cfi l~q, INC.: Section 2. That the Florida League of Cities Inc. opposes any federal law or policy that would impose financial and regulatory burdens on states and localities and undermine the intent of the Unfunded Mandates Act of 1995. Section 3. That the Florida League of Cities Inc. opposes any federal law or pohcy that would dictate federal solutions for problems that alfect the local residents and could best be addressed by state and local mitialives, rather than through federal preemption. Section 4. That a copy of this resolution be provided to President Clinton, the Florida Congressional Delegation, the National League of Cities and Governor Chiles. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale ATTEST: Michael Sit,g, Executive Director Florida League of Cities, Inc. Submitted by the League Staff PROPOSED RESOLUTION 97-08 A RESOLUTION OF THE FLORIDA LEAGUE OF Cl'l'll:S, INC., SUPPORTING FLEXIBLE b%INDING FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT AND OPPOSING THE EARMARKING OF SAID GRANT FUNDS. WHEREAS, public safety issues continue to be a priority and the legal respor[sibility of municipal elected offidais; and WXffEREAS, public safety is first and foremost a local responsibility; and WHEREAS, the Federal government must recOgnize and incorporate flexibility and partnership in its approach to ensure effective results where it reafly matters - at the local government level-- where the final responsibility and accountability for public safety are oilical; and ~ArHEREAS, the Local Law Enforcement Block Grant (LLEBG) is the only Federal grant that provides dixect and flexible assistance to municipalities for city-specific public safety purposes; and WHEREAS, Florida municipalities have made use of these funds primarily to purchase law enforcement technology and equipment for prevention purposes; and WHEREAS, the U.S. Senate has approved $503 million for Fiscal Year 1998 and seeks to reduce local flexibility in spending these funds by earkmarking funds for specific purposes; and WHEREAS, the U.S. House Appropriations ConmUttee approved $523 million to continue the LLEBG program in 1998, with no earmarked funds designated; and WHEREAS, the full U~S. House wSli take up ~ appropriation measure in September, 1997. NOW THEREFORE, BE 1T RESOLVED BY THE FLORIDA LEd~GUE OF ~-fiteS, INC.: Section 1. That the U.S. Congress appropriate $523 million for the Local Law Enforcement Block Grant CLLEBG) for 1998, and reject any attempt to earmark funds for specific purposes as has been proposed by the Senate. Section 2. That a copy of this resolution be provided to President Clinton, the Florida Congressional Delegation, members of the Senate and House Appropriations Comnfittees and Governor Chiles. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale ATrEST: Michael Sitfig, Executive Director Florida League of Cities, inc. Submitted by the League Staff H:/d/97annconJ9711 ebg.doc PROPOSED RESOLUTION 9%09 A RESOLUTION OF THE FLORIDA LEAGUE OF ~.~IlES, INC., IN OPPOSITION TO ANY CONGRESSIONAL LEGIStdxTION THAT WITHHOLDS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS OR REDIRECTS THOSE PUNDS FROM CERTAIN MUNICIPAL/TIES. WHEREAS, the U.S. House has passed H.R. 2. the "Housing Opportunity and Responsibility Act of 19977 which would repeal the "United States Housing Act of 1937,' and imposes a sanction on municipalities by permitting the Department of Housing and Urban IYHEREAS, H.R. 2 also reduces the access of very poor families to public housing and Section 8 housing; and WHEREAS, the U.S. Senate's public housing proposal, S. 462, the "Public Housing Reform and Responsibility Act of 1997," which is to be comide~d by the full Senate in September, revises but does not repeal the "United States Housing Act of 1937"; and WHEREAS, S. 462 does not include the CDBG sanction found in H.R. 2, and streamlines HUD rules, regulalions and handbooks; and provides public housing authorities with the latitude they need regarding program policies; and WHEREAS, the CDBG sanction provision in H.R. 2, incorporates arbitrary and capricious terms aliowmg for considerable subjectivity by the Secre~lry, particularly in judging the impact of "reaction' over which municipal or county governments have little or no control since housing or management authorities are privately administered in most c~cumstances; and WHEREAS, the proposed provision in H.R. 2 does not provide guidance or examples of what local government action would constitute the standards "substantially contributes through its action or reaction,' making a housing authority becoming "troubled"; and WHEREAS, the CDBG program is a valuable municipal program providing assistance for a variety of services, and llnidng CDBG funding to public housing authorities' performance sets a dangerous precedent. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CI'I'ILS, INC.: Section 1. That the Florida League of Cities, Inc. urges the U.S. Congress in oppose the repeal of the Umted States Housing Act of 1937, oppose the sanction~ on a municipal entitlement community's CDBG funds, and encourage the expansion of target provisiom in the final bill to Increase access of very poor households to public housing and Section 8 housIng. Section 2. That a copy of this resolution be provided to the Florida Congressional Delegation, President Clinton, the National League of Cities and Governor Chiles. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael Sit,g, Executive Di~ctor Florida League of Cities, Inc. Submitted by the League St~ff H:~l\97annconn\97rh s.doc --/5 ~ PROPOSED RESOLUTION 97-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF ~-II IhS, 1NC., ENDORSING THE CANDIDACY OF MAYOR CLARENCE E. ANTHONY FOR ~ VICE PRESIDENT OF THE NATIONAL LEAGUE OF clli/~S (NLC) AND ENCOURAGING ALL CITY OFFICIALS TO SUPPORT H~S CANDIDACY AT THE NLC WHEREAS, Mayor Anthony has had an outstanding career of pubhc service as an elected official of the City South Bay; and WHEREAS, Mayor Anthony has served as Mayor of the City of South Bay since 1984; and WHEREAS, Mayor Anthony served as the Florida League of Cities, Inc., President from 1994-1995, and has been actively involved in League committees and programs and also served as First Vice President from 1993-1994, and the Second Vice President from 1992-1993, and Mayor Anthony has been a Florida League of Cities' Board me~,ber since 1990; and WHERE~S, Mayor Anthony served as a member of the NLC Community and Economic Development Steering Committee; and WHEREAS, Mayor Anthony serves as Second Vice President for the N-LC from 1996- 1997; and WHEREAS, Mayor Anthony was appointed to the State of Florida's 1997-1998 Constitution Revision ComnUSSion by Governor Lawton Chiles; and WHERFd~, Mayor Anthony has exemplary involvement in community service and academic achievement and t~ceived the 1990 Up and Coming Award from the Sauth Florida Business Journal, the 1990 Mayor of the Year Award from the Florida Jaycees, the Ebony Magazine Future Leader of the Year Award and received the Florida Atlantic University's Distinguished Aluumus Award; and WHEREAS, the NLC Board of Di~ctors will be elected at the 1997 Congress of Cities and Exposition Cotfference in Philadelphia, Permsylvania. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE DIRECTORS OF THE FLORIDA I~AGUE OF C~I l~q, INC.: Section 1. That the Board of Directors of the Florida League of Cities, Inc., representing all of the persons who serve in the municipal government in Florida, and all others involved in the League activities and services do support Mayor Clarence E. Anthony for election to the Board of Directors as First Vice President of the National League of Cities and encourages all city officials to join in this endorsemenL Section 2. That a copy of this resolution be provided to the members of the INrLC Board of Directors, members of the Nominating ComnUttee and be made available to the entire membership of the National League of Cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., In conference assembled In this League's 75th Anniversary year, at the Buena Vista Palace Re~ort and Spa, Lake Buena Vista, Florida, t~s 23rd Day of August, 1997. Jim Naugle, Fresident ~orida League of Cities, Inc. Mayor, City of Fort Lauderdale Submitted by the Board of Directors PROPOSED RESOLUTION 97-11 A RESOLUTION OF THE FLORIDA LEAGUE OF t.ltl/mS, INC., RECOGNIZING THE CITY OF JASPER AND ITS CITY MANAGER RALPH O. BOWERS FOR THE LEADERSHIP SERVICES PROVIDED TO ivlUNICIPAL GOVERNMENTS ON ENVIRONIvIEN~AL AND INTERGO~AL ISSUES. WHEREAS, Mr. Bowers is cu~renlly the City Manager for the City of Jasper and has served in this capacity for the last six years, and has been a manager in Florida for over fifteen years; and WHEREAS, Mr. Bowers has served for several years as a member of the Florida League of Cities', Inc. Environmental Quality Legislative Policy Committee and has beer an active, valued member; and WHEREAS, the City of Jasper has graciously allowed Mr. Bowers the t~ne to be a part of the Environmental Protection Agency's Local Government Advisory Committee and their Small Town Task Force, and Mr. Bowers has been a dthgent, persuasive participant; providing beneficial testimony to the EPA, the National League of Cities and other state and federal agencies; and WHEREAS, the Jasper City Council has sacrifit~d their needs to give Mr. Bowers the necessary thne for these activities, and that this sacrifice is above and beyond the normal call of duty for city officials involved in statewide and federal activities on behalf of the Florida League of Cities, Inc., and is thus deserving of special recognition. NOW THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF Sec~on 1. That the Florida League of Cities, Inc. does hereby commend the City of Jasper for their unselfish attitude and commimaent to good government as evidenced in their contribution of Mr. Bowers' service, expertise and ~ne. Section 2. That a copy of this resolution be provided to the Jasper City Council and to PASSED AND ADOPTED by the Florida League of Cities, Inc., in cortference assembled In this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale ATTEST: Michael Sing, Executive Dh-ector Florida League of Cities, inc. Submitted by the League Staff H :/~/97ann¢on/97rher.doc PROPOSED RESOLUTION 97-12 A RESOLUTION OF THE FLORIDA LEAGUE OF CIII~S, I~IC., ENDORGI~/G A PROCLAMATION BY THE FLORJDA GOVERNOR AND CABINET DESIGNATII~G THE WEEK OF OCTOBER 1%25, 1997 AS "FLORIDA CITY GOVERNMENT WEEK," AND ENCOURAGING ALL FLORIDA C1TY OFFICIALS TO SUPPORT THIS CELEBRATION BY PARTIC2PATI~G ll~ THE "MY CITY I'M PART OF IT, I'M PROUD OF IT! ACTI'vtl l~S.' WHEREAS, it is anticipated that the Florida Governor and Cabinet will proclaim the week of October 19-25, 1997, as "Florida City Government Week;" and WHEREd~, dry government is the government closest to the citizens, is the entity that most directly impacts its residents on a d~ily basis, is administ~,d for and by its dtizens, and is dependent upon public commi~nent to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the respomibility to impart theft understanding of public sexvice and its benefits; and WHEREAS, "Florida City Government Week" is an opl~ort~ne time to recognzze the important role pIayed by city government in Florida citizens' lives; and WI-I~REAS, the Florida League of Cities, Inc., the Florida Institute of Government and Kids Voting Florida have joined together to teach students about municipal governm~mt through a project ent~fled "My City I'm Part of It, I'm Proud of It!;' and WHEREAS, "My City I'm Part of It, I'm Proud of Iff" is a series of activities for students in g~ades K-12 that provides actual hands-on experience in elec(dons, city administration and political decision making; and 14F~-IEREAS, this projects success depends upon the partidpation of city and school officials, community leaders and others in these activities; and NOW THEREFORE, BE 1T RESOLVED BY THE FLORIDA LEAGUE OF (dl l'It~, Section 1. That the Florida League of Ci~es, Inc. encourages all City govermnent officials, employees and citizens to par~cipate actively in events that appropriately recognme Florida City Government Week and to celebrate it throughout the State of Florida. Section 2. That ~ae Florida League of Cities, Inc. supports and encourages ail City governments to promote, sponsor and pazt~cipate in "My City I'm Part of It, I'm Proud of It." PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Armiversary year, at the Buena Vista pat~ce Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael SiRig; Executive Director Florida League of Cities, Inc. Subn~itted by the CommiSsion on Florida's Future: Quality Cities PROBDSED RESOLUTION 97-13 A RESOLUTION OF THE FLORIDA LEdkGUE OF tdl'll~, INC., (LEAGUE) TO EXPRES~ APPRECIATION TO THE crrY OFFICIALS OF LAK~ BUENA VISTA, ORANGE COUNTY, THE TRI-COUNrI~ LEAGUE OF qll ti~, BUENA VISTA PALACE RESORT AND SPA, THE MEDIA AND ALL OTHER PERSONS AND AGENCIES INVOLVED 1N THE SUCCESSFUL CONFERENCE OF THE LEAGUE MEMBERSHIP HELD AT THE BUEaX/A VISTA PALACE RESORT AND SPA ON AUGUST 21-23~ 199Z through the cooperation and efforts of the offidals of the City of Lake Buena Vista, the civic WHEREAS, the League membership extends its appreciation for the kind attention, courtesies and assistance it has received during this conference. NOW, THEREFORE, BE 1T RESOLVED BY THE FLORIDA LEAGUE OF ~1 ! lleS, INC.: Section 1. That the public officials of the City of Lake Buena Vista, Orange County, Tri- County League of Cities staff and membership, Buena Vista Palace Resort and Spa, civic orgmUZatior~ and businesses, press, radio, television stations, exhibitors, conffibutmg sponsors, and all other citizens who contributed to the success of this conference, are hereby extended a hearty thank you and the appreciation of this body for their splendid assistance, cooperation and generous hospitality. Section 2. That a copy of this resolution be provided to the members of the Florida media PA~SED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael Sitfig, Executive Director Florida League of Cities, Inc. Submitted by the Board of Directors PROPOSED RESOLUTION 97-14 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., IN SUPPORT OF A CONSTITUTIONAL AMENDMENT TO IM~ MUNICTPAL1TTES AND SPECIAL DISTRICTS FROM AD VALOREM TAXATION. WHEREAS, counties, school boards and state agencies are inunune fzom ad valorem taxation while, under the current Florida Constitution and exis~ng statutory and case law, a municipality or special district must demonstrate that its property is used for a public or municipal purpose in order to receive an exemption from ad valorem taxation; and WHEREAS, in many Lnstances, property appraisers and courts have refused to permit an exemption where property owned by a city or special district is laased to a private tenant, even if the function performed by the tenant is one which might otherwise be performed by the governmental body and serves a public or municipal purpose; and WHEREAS, cities and special districts perform critical state and regional functions to service a pubhc need compexable in those performed by counties; and WHEREAS, the present ad valorem taxing scheme disadvantages cities and special disiricts and their tenants, provides a dramatic disincentive to privatize municipal services and undetmmes the incentive for business to relocate in Florida, as compa~d to the contrary advantage afforded counties and other immune governmental entities and their tenants by their WHEREAS, the present ad valorem taxing scheme has resulted in a great deal of corff~sion and a steady stream of litigation, primarily involving Florida cities and special districts, over what constitutes a public purpose and the immunity of counties versus the exemplion of NOW THEREFORE, BE 1T RESOLVED BY TH~ FLORIDA LEAGUE OF cl'l IV~, INC.: ~ection 2. That a copy of this resolution be provided to the Constitution Revision ComzmsSion and CommmSion on Local Government PASSED AND ADOPTED by the Florida League of Cities, Inc. in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor of Fort Lauderdale Michael Sit'db E~xecutive Director Florida League of Cities, inc. Submitted by City of Orlando H:/d/97anncona¥ 97r tax.doc PROPOSED RESOLUTION 9%15 A RESOLUTION OF THE FLORIDA LEAGUE OF C1TIES, INC. IN APPRECIATION TO TIlE INVESTMENT ADVISORY COMMITTEE FOR THEIR VALUABLE ASSISTANCE WITH AND COMMITMENT TO THE LEAGUE 12qVESTMENT PROGRAM. WHEREAS, the Florida League of Cities, Inc. began work on an investment program for municipalities and other local governments in 1993; and WHEREAS, this investment program provides several options for these governments to invest and rethvest surplus funds in pooled programs, to secure competitive, safe and prudent returns on their various investments, and this program is directed by the Trustees of the Florida Municipal Investment Trust; and WHEREAS, the League created an investment advisory committee in 1995 to provide ffmely, weB-researched information and to make recommendations to the League and to the Trustees as they deliberated on Trust matters; and WHEREAS, the Committee provided a conceptual framework of the investment program, reviewed policies and procedures, gave key input on marketing and other sttategies of the program, and the members continue to give generously of their tlme and energy in researcking fiscal trends and issues, and they have shared this irfformation with the League and the Trustees in candor and sincerity; and WHEREAS, the Investment Advisory Committee is comprised of Chairman G. Michael (Mickey) Miller, Finance Director for the City of Orlando; Damon Adams, Finance Director for the City of Fort Lauderdale; Robert Inzer, Treasurer-Clerk for the City of Taliahassee; James Maniak, Finance Director for the City of Daytona Beach; Mervyn Timberlake, Di~ctor of Financial Services for the City of Boca Raton; and William Underwood, Finance Director for the City of Stuar't; and WHEREAS, on July 1st, 1997 the Trust marked the one-year anniversary of its public launching, and the Trust's reputation lias groom successInIly, with assets now exceeding $360 million. NOW, THEREFORE, BE 1T RESOLVED BY THE FLORIDA LEAGUE OF cl I tiroS, INC.: S~ction 1. That the Florida League of Cities, Inc. does hereby thank the Investment Section 2. That the Florida League of Cities, Inc. does also hereby give thanks to the City Councils and Staff of the Inves~nent Advisory Committee's memBers, respectively, in appreciation of the sacrifices made by these cities so that the members could serve. S~ction 3. That a copy of thJs resolution shall be forwarded to the respective City Council of each Investuaent Advisory Com~utree member, and a copy given to each member. PASSED AND ADOPTED by the Florida League of Cities, Inc., in cordermace assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jtm Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael Sit,g, Exeoative Director Florida League of Ci~es, Inc. Submitted by the League Staff PROPOSED RESOLUTION 97-16 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., ENDORSING INCREASED FEDERAL FUNDING OF EASTWARD HO! AND WESTWARD HO!, A PROJECT DEVELOPED TO REVITALIZE OLDER NEIGHBOKHOODS. WHEREAS, the Florida League of Cities, Inc., supports the programs of Eastward Ho! And Westward Ho!; W~rlEREAS, Eastward Ho! and Westward Ho!, program developed to revitalize olde~ neighborhoods are m need of additional funding; and, WHEREAS, this funding should be directed toward revitalization of older nel-kbothoods and perhaps expansion of existing programs, such as enterprise zones and community development block grants (CDBGs); and, WHEREAS, govermnent should discourage urban sprawl until older neighborhoods are re-developed through funding sources available; and, WHEREAS, a number of federal agencies have contributed to FIorida's beach erosion by d~edging waterways and harbors, preventing the natural migration of sand which would assist in renourishing Florida's beaches. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc. endorse Increased federal ftmding for the Eastward Ho! and Westward Ho! programs to revitalize older neighborhoods with new funding and expand the use of existing programs for such purposes. Section 2. That a copy of this resoiution be provided to President Clinton, the Florida Congressional DeIegation, the National League of Cities, the U.S. Department of Housing and Urban Development, the U.S. Environmental Protection Agency, Governor Chiles, and the Florida Department of Environmental Protecton. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim NaugIe, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale ATTEST: Michael Sitfig, Executive Director Florida League of Cities, Inc. Subnd~led by the League Staff H:/97annconnj/97ho.doc PROPOSED RESOLUTION 97-17 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, iNC., URGING CONGRESS TO INCREASE FUNDING FOR BEACH EROSION PREVENTION AND RESTORATION PROGRAMS. WHEREAS, beaches are vital to the economy of Florida; and WHEREAS, Florida's beaches provide storm protection and should be revegetated in order to maximize protection against natural obstacles affecting the coast; and 14FHEREAS, Florida's beaches are also crucial to the ecosystem; and WHEREAS, the current federal appropriation for beach erosion prevention and restoration programs tot the entre United States is only $79 miLtion; and WHEREAS, the amount needed for such programs far exceeds the current appropriation and securing additional funds is critical to preserving tourism, a key component of Florida's economy; and VVI-IEREAS, a number of Federal agencies have contributed to Florida's beach erosion by dredging waterways and harbors, preventing the natural migration of sand which would assist in renorishing Florida'a beaches. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc. urges'Congress to increase the existing support for erosion prevention and beach restoration programs. Section 2. That a copy of this resolution be provided to President CLinton, the Florida Congressional Delegation, the Nationai League of Cities, U.S. Environmental Protection and Governor Lawton Chiles. ~, ~ ~ PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled in this League's 75th Anniversary year, at the Buena Vista Palace Resort and Spa, Lake Buena Vista, Florida, this 23rd Day of August, 1997. Jim Naugle, President Florida League of Cities, Inc. Mayor, City of Fort Lauderdale Michael Sitfig, Executive Director Florida League of Cities, Inc. Submitted by the League Staff H:XdX97annconX97br.doc RESOLUTION NO. 97R- A RESOLUTION IN SUPPORT OF THE REAUTHORIZATION OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) BY THE UNITED STATES CONGRESS AND REQUESTING THAT THE UNITED STATES CONGRESS END THE FUNDING INEOUiTY THAT EXISTS FOR THE RECEIPT OF FUNDS BY THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COMMISSIONER KAPLAN) WHEREAS, the Interrnodal Surface Transportation Efficiency Act (ISTEA) is due to expire on September 30, 1997; and WHEREAS, the LI.5. Congress has begun activities to reauthorize the ACT; and WHEREAS, the inequity of the State of Florida receiving only 78 cents per dollar has resulted in the State of Florida contributing over $1 Billion Dollars more to the Federal Highway Trust Fund than it has received since the enactment of ISTEA; and WHEREAS, Florida has demonstrated its commitment to the statewide and metropolitan planning process, intermodalism, air quality and other environmental improvements, transportation enhancements, and public participation; and WHEREAS, tl~e key issue to be addressed in the reauthorization process is the equitable distribution of federal transportation funds. NOW, THEREFORE, BE iT RESOLVED that the City of Lauderhil[ joins Florida state and local elected officials, governmental agencies, public and private transportation providers and businesses in petitioning the U.S. Congress to: 1. Reauthorize the Intermodal Surface Transportation Efficiency Act, including continuing such programs as CMAQ and Enhancements, and continuing the planning principles and State-MPO decision making process presently outlined in ISTEA, in a timely manner; 2. Remedy the extreme funding inequity that exists in Florida's donor state status by ensuring that every state receives at [east a true 95% rate of return on the payment they make to the Federal H~gl~way -rust Fund, which is consistent with the targets set under the S"[EP 21 reauthorization; and 3. Ending the diversion of gas tax revenues in the various transportation trust funds for deficit reduction or any other non-transportation p,arposes; 4. ~mpl~ry tile tederal program structure and maximize state and local programming flexibility. 5. This resolution shall be fo~varded to the Florida Congressional delegation, Senator Connie Mack and Senator Robert Graham, Governor I. awton Chiles and The Cabinet of the State of Florida, President Bill Clinton, the Chairs and Vice-Chairs of the Florida House and Senate Transportation Committees, the Chairs and Vice-Chairs of U.S. House and Senate Transportation Committees, National Governors' Association, National Association of Regional Councils, National Association of Counties, Florida Association of Counties, National League of Cities, Florida l,eague of Cities, American Association of State Highway and Transportation Officials, Florida Chamber of Commerce, American Public Transit Association, Surface Transportation Policy Project, Florida Transportation Commission, Florida Department of Transportation, Metropolitan Planning Organization Advisory Council, Members of Broward County. Metropolitan Planning Organization, and the Florida Councd of 100. 6. This resolution shall take effect immediately upon its passage. DATED this day of , 1997. PASSED AND ADOPTED on first reading this 1997. day of PRESIDING OFFICER ATTEST: MOTION SECOND W. ELF£RS R. KAPLAN G, MYLES T. JONES A. FELD CITY CLERK Approve as to Form W. Earl Hall City Attorney TOTAL P.83 \ CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager,-, Ken Cohen, Councilmember t ~ September 11, 1997 Resolution Supporting Amendment to Federal/State Law Relating to Removal of Billboard Advertising Along Federal Highways IO- Please place an item on the agenda relating to the preparation of a Resolution supporting an amendment to federal and state law relating to removal of billboard advertising along federal highways. This matter has been discussed at length during various workshops and Council meetings. This document will allow us to move forward in our efforts to remove the billboards along Biscayne Boulevard. KC/tms RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SUPPORTING AN AMENDMENT TO STATE AND FEDERAL LAW TO ENABLE MUNICIPALITIES TO PROVIDE FOR THE AMORTIZATION AND REMOVAL OF COMMERCTAL ADVERTISING SIGNS LAWFULLY ERECTED ALONG ANY FEDERAL-AID PRIMARY HIGHWAY, WITHOUT PAYMENT OF JUST COMPENSATION; PROVIDING FOR DISTRIBUTION OF RESOLUTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, 23 U.S.C. 131 mandates that federal highway funds shall not be provided to any State which fails to enact legislation providing for the payment of just compensation for the removal of outdoor advertising signs along the federal aid primary highway system; and WHEREAS, because of the federal mandate for payment of just compensation, as described above, the State of Florida, pursuant to Section 479-15(2) Fla. Stat. prohibits any municipality from removing any billboard or other commercial advertising sign lawfully erected along any portion of the federal-aid primary highway system without first paying just compensation for such removal; and WHEREAS, uncertainty in the determination of the measure of "just compensation" exposes municipalities to substantial liability; and WHEREAS, the zoning technique of amortization, termination of lawful non- conforming status and removal of nonconforming signage is a recognized and constitutional mechanism which allows lawfully erected signs to be amortized out and removed without the payment of just compensation; and WHEREAS, Section 479.15(2) Fla. Stat. contravenes this well-established zoning technique. Resolution No. 97- Page 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: That the above stated recitals are hereby confirmed as if set forth Section 1. herein. Section 2. That the City Council of the City of Aventura respectfully calls upon the United States Congress and the Florida Legislature to respectively amend the above-cited provisions of the United States Code and the Florida Statutes so as to enable municipalities to utilize amortization techniques for the removal of non- conforming commercial advertising signage, including billboards, along the federal-aid primary highway system without payment of just compensation. Alternatively, a mechanism must be legislatively developed which establishes and strictly limits the measure of "just compensation" for purposes of sign removal. Section 3. That a copy of this Resolution shall be distributed to the Dade County Legislative Delegation of the Florida Legislature, Congressman E. Clay Shaw, Senators Bob Graham and Connie Mack, the National League of Cities, the Florida League of Cities, and the Dade County League of Cities. Section 4. That this Resolution shall be effective immediately from and after adoption hereof. The foregoing Resolution was offered by Councilmember , who moved its adoption. 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 Councilmember Patricia Rogers-Libert Resolution No. 97-~ Page 3 Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED this 16th day of September, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, CitYL/~l~a~ September 11,199~ Waterways Resort Marina Request for a Class I Permit September 16, 1997 City Council Meeting Agenda Item BACKGROUND The Waterways Resort Marina, Ltd. (WRM) has requested a Class I Permit from Dade County for the placement and use of a prohibited floating structure within the Waterways Marina. DERM (Department of Environmental Resources Management) has offered the City the opportunity to comment on the request. WRM plans to place and use a floating structure at the Waterways Marina to be utilized as a Harbormaster's Office for security purposes. The request is for a temporary period not to exceed June 1, 1999, by which time, the applicant has committed to find an upland location for the office. DERM is recommending approval of the request. I have placed this item on the agenda in order to receive direction from the City Council and respond back to DERM. EMS/aca Attachment CCO369-97 METROPOLITAN DADE COUNTY, FLORIDA METROOADE September 2, 1997 ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION 33 S.W. 2nd AVENUE MIAMI, FLORIDA 33130-1540 (305) 372-6789 FAX (305) 372-6630 Mr. Jaye Ebstein, Director Community Development Department City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 RECEIVED SEP - 1997 C0MMUNI~ DEVELOPMENT Re: The Waterways Resort Marina, Ltd., located north of N.E. 207th Street and east of N.E. 34th Avenue Dear Mr. Ebstein: This letter is to inform you that The Waterways Resort Marina, Ltd. is requesting to obtain a variance and an after~the-fact (ATF) Class I Permit from the Board of County Commissioners, for the placement and use of a prohibited floating structure within the Waterways Marina (see enclosed description of the project). Presently the Commission hearing for this request is scheduled on October 7, 1997. Although zoning approval is not required pursuant to the Code of Metropolitan Dade County, Florida prior to the Commission hearing, our Department would like to offer you the opportunity to comment on this issue. Specifically, DERM would appreciate your response to the following questions: l. Does the City of Aventura have any objections to the placement and use of this floating structure? 2. Does the placement and use of the prohibited floating structure violate any zoning laws? If the City of Aventura has any objections to a variance and ATF Class I Permit for the placement and use of a prohibited floating structure within the Waterways Marina, please contact Trisha Stone of the Coastal Resources Section at (305) 372-6589 as soon as possible. Si~rm~' e~~Cher, Chief Coastal Resources Section Enclosure MEMORANDUM TO: FROM: Atmando Vidal, P.E. DATE: County Manager SUBJECT: John W. Renfrow, P.E., Director Environmental Resources Management August 1B, 1997 After-the-fact Class I Permit ApPlication and Variance Request by Waterways Resort Marina, Ltd. RECOMMENDATION I have reviewed the after-the-fact Class I Permit application and variance request by Waterways Resort Marina, Ltd.. Based on the applicable evaluation factors set forth in Sections 24-58.3 and 24-59.2 of the Code of Metropolitan Dade County, Florida, I recommend that the Board of County Commissioners approve the aforesaid application and variance request for the masons set forth below. EVALUATION SUMMARY The subject after-the-fact Class I Permit application-and variance request involve the placement and use of a prohibited floating structure upon tidal waters at the Waterways Marina basin located north of N.E. 207th Street and east of N.E. 34th Avenue, Aventura, Dade County, Florida. Floating structures with non-water dependent uses are prohibited pursuant to Section 24-59 Of the Code of Metropolitan Dade County, Florida and the Board of County Commissioners is empowered to grant variances to this prohibition if appropriate pursuant to Section 24-58.2 of the aforementioned Ordinance. The floating structure is considered to have a non-water dependent use because its use as a harbormaster's office could be performed at an upland facility. The purpose of the prohibited floating structure is for use as the Waterways Marina harbormaster's office, that allows a view of the basin for security purposes. The existing marina is surrounded by muki-family residential condominiums and a small commercial portion consisting of restaurants, retail stores and offices. The applicant claims that due to the lack of a suitable upland location that affords a view of the marina, it is difficuk to properly secure and monitor the marina. The applicant proposes that the prohibited floating structure shall be temporarily used as a harbormaster's office for a period not to exceed June 1, 1999, by which time the applicant has committed to find an upland location for the harbormaster's office and the prohibited floating' structure shall be removed from the tidal waters of Dade County or be relocated to a DERM approved docking facility that is permitted for the mooring of liveaboards~ Armando Vidal, P.E. County Manager Page 2 DERM recommends that the variance be granted and the project be approved based on the following factors. The floating structure: I) will only be temporarily used as a harbormaster's office and will be removed from Dade County tidal waters by June 1, 1999 or relocated to a DERM approved docking facility that is permitted for the mooring of liveaboards, 2) will be located in a DERM authorized slip within an existing marina, 3) will be located over submerged lands which are owned entirely by the applicant, 4) will be located outside of the boundaries of the Biscayne Bay Aquatic Preserve, 5) will not be moored over any significant benthic resources as there are no seagrasses within the marina basin, 6) will not adversely affect manatees and is consistent with the Dade County Manatee Protection Plan because it does not increase the total number of boat sl/ps within the marina and it does not significantly degrade manatee habitat, 7) will not adversely affect surface water quality because the project will provide an on-board sewage pump- out mechanism that connects to the permanent sewer system and. no sewage will be discharged into surface waters, 8) is designed to be aesthetically compatible with~t~e surrounding area because it is adjacent to commercial offices, stores and restaurant,'9) will not affect scenic vistas of the Biscayne Bay Aquatic Preserve, Dumfoundling Bay, or their natural tidal tributaries since the structure is not visible from these water bodies.-a'eat' Based on Commission approval of the variance and Class I Permit, the applicant has agreed to: I) post a $20,000.00 performance bond to ensure compliance with the above referenced removal requirements of the floating structure, in addition to compliance with conditions of the Class I Permit, 2) mitigate for the use of the prohibited floating structure by removing two derelict structures from the tid.al waters of Dade County that are equivalent in size to the subject floating structure, prior to June 1, 1999, and 3) enter into a restrictive covenant that will ensure compliance with these items and Class I Permit conditions. The restrictive covenant is attached and hereby submitted for Commission approval. The proposed project has been designed in accordance with all other relevant Dade County coastal construction criteria and is also fully consistent with all other Dade County coastal protection criteria. Please fred attached a project report from the DERM Coastal Resources Section which outlines in more detail the reasons why the project is recommended for approval by DERM pursuant to the applicable evaluation factors set forth in Sections 24-58.3 and 24-59.2 of the Code of Metropolitan Dade County, Florida. The conditions and restrictions set forth in the project report are adopted herein by reference. DRAFT COPY PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE YheMiami Herald PublishingCompany Before the undersigned authority personally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matXer at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). DAY OF ~ 1997 I , ¥~Rt-~INIA My Commission Expires: October 17, 1997 -- . . . y V~gm~a J. Gallon Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 lie vat of the II cancer. ce, ears, ople. · seniors to delay viii ulti- compli- Graham adding dicare. :lety of ~my of Coali- :nt Blue 'nenting 18. But and the did not missioners heard requests {'or president of the Florida Senate, legalizing marijuana for medici- Florida"s chief jusuee and some nal purposes, restructuring Flor- of the state s top lawyers a d ida taxes and creating smaller businessmen, said Dade County school districts. State Attorney Katherine Fer- Anybod~ can speak before the nandez Rundle. a commission commission. All you do is fill out member. CITY OF AVENTURA PUBLIC NOTICE NOTICE OF ADOPTION OF BUILDING MORATORIUM . IN THE HOSPITAL AND MARINA AR~AS DESCRIBED BELOW' The City of Aventura proposes to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTUP, A, FLORIDA',; (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA, WHICH INCLUDES ALL INDUSTRIALLY ZONED (1U-1 AND ItJ~ 2) PROPERTY, (EXCEPT FOR: THAT CERTAIN INDUSTRIALLY' ZONED PROPERTY LOCATED NORTH'OF NE 187TH STREEq WEST OF NE 29TH AVENUE. SOUTH OF NE 191ST STREE'] AND EAST OF BISCAYNE BOULEVARD, AND TH] INDUSTRIALLY ZONED PORTIONS OF TRACTS "D" AND' #E' OF THE PLAT OF BISCAYNE COMMERCIAL [PB 143, P38]), AS ~EPICTED ON EXIHIBIT 'A", AND ~THE HOSPITAL AREA, ICH INCLUDES THE AREA BOUNDt~D ON THE NORTH BY THE NORTHERN LINE OF THB CYI~ LIMITS, ON THE SOLrI~ BY NE 203RD STREET/IVES DAIRY ROAD. ON THE WEST BY THE WESTERN LINE OF THE CITY LIMITS~ AND ON THE EAST BY BISCAYNE BOULEVARD RIGHT-OF-WAY. AS DEPICTED ON EXHIBIT "B', WITHIN THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING EOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 32-319, ET SEQ. OF TH~ METROPOLITAN DADE COUNTY CODE FOR THE SPECIFIC M~dI-I'ERS ADDRESSED HEREIN. A Public Hearing on the Ordinance will be held on Tuesday, September 16, 1997, at 7 p.m. at the Columbia Aventura Medical Center, located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida. The proposed Ordinance may be inspected by the public at the Office of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the City Council on any item at this Public Hearing is asked to register with the City Clerk prior to that item being heard. In accordance with the Americans with Disabilities Act of 1990, al] persons who are disabled mad who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Dated this 6th day September, 1997 Teresa M Smith CMC City Clerk e MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County. Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f/kJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, pubfished at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA NOTICE OF PUBLIC HEARING SEPT. 16, 1997 in the ...................... ~.~ ,~..,.~....~.. ....................................... COU~ was published Jn said newspaper Jn the issues of Sep 5, 1997 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dada County, Flodda, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall mattar at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first pubficatlon of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any perso rm or corporaUon any dlscou , rebate, comml for the purpose of secu g his advertis tlon in the said ....... · ay of .................................... D. 19 ...... · ' ?ARY SEAt, Octelma V' Fe~l~r'~J~l-Y ~e°~ L E RE NA ! · CITY O1: AVENTURA NOTK)E OF PUBLIO HEARING and Time Of Publi© I-b4ring: TueS~'~G~T6. ~/ - Applicant Name: PCT Biscayne Boulevard PaRnership, a Florida geeeral partnership Applicant Request: l~e applicant is mqusating alta plan approval .~ae prom~od:,by~th~.Flortda Department o! Trenspodatian (FDOT) :,~dd~g6f ~ portlml~of the anbjeet property. SuCh site plan will super- cede ~ FreviOualy approved site plans. Accompanying this request . are the following~ 1) a non-uze vedance of open space requirements; 2) a non-uca variance of parxing requirements; end 3) a medificetian of .restrictive covenants. Application Number: D4-SP-97 and 06-MA-97 . Location Of Sublect Pro~: East of Biscayne Boulevard between NE 187th Street and NE 191st Street (a/ida L~ehmenn's Fashion Island) Legal De~31ptlmt: Lengthy legal descdptiofl, you may contact the Aventur;i Community Development Department for the comp~te legal description. Size of Subject Property: Approximately 27.46 acres ; Plans ara an rile and may be examined during regular dualnesa hours in the City of Aventur&, Community Development Depart- ~ment. 2999 NE 191 Street, Suite 500, Aventura, Florida. 33180. Plans may be modified at or before the Public Hemiflg. The application may change during the hearing process. The Public Hearing will be held at Columbia Aventura Medical Arts Building, 2111~ Biscayne BoulevarcL, Suite 101. Aventura. · loHds, 33180. Your comments may be made in parson at the bearing or filed in writing prior to the headng data. Refer to applicant/property on correepondam:e and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite SO0, ~Aventum. Florida, 33180. For further information, please call (3(~) 466-8940. In accordance with the Americans with Disabllit~s Act of 1990. all persons who are disabled and who need specist accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk. 466-8901. ~ot later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Council with resoect to any matter considered at a m~etieg or hearing, that person wilt need a record of the proceedings and, for such purpose. may need to ensure that a verbatim record of the proceedings is maoe. which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Smith CMC City Clerk 9/5.. . 97-3~90535M