03-27-2000 Workshop Meeting
City Commission
Workshop Meeting
2999 NE 191- Street Suttesoo AvmtW1l. FL 33180
March 27,20009:00 A.M.
Executive Conference Room
AGENDA
1. A ventura Hospital and Medical Center*
2. Firearm Resolution*
3. Lebowitz Memoria/*
4. Ojus Study (Commissioner Beskin)*
5. School Site Update*
6. Magnum Marine Property
7. ROW Ordinance*
8. Conference Report (Vice Mayor Berger)
9. Religious Liberty Protection Act of 2000
(Commissioner Rogers-Libert) *
10. Request to Change April Meeting Date
(Commissioner Rogers-Libert)
11. Board Reports
* Back-up Information Exists
Next Meeting - April!7,20oo
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding.
A ventura Hospital
and Medical Center
20900 Blscayne Boulevard
Aventura, Florida 33180
(305) 682.7000
Home page Is http://www.Qventurahospltal.com
March 9, 2000
Eric Soroka
City Manager
City of A ventura Government Center
2999 N.E. 191" Street, Suite 500
Aventura, FL 33180
Dear Eric:
This is to confirm that the City Commission Workshop Meeting has been changed from Friday,
March l7'h to Monday, March 27'", and that Aventura Hospital and Medical Center is being placed
on the agenda at 9:00am. We will be presenting our plans for a Certificate of Need for Open Heart
services here at the hospital.
[fyou have any questions regarding this presentation, please feel free to call me at (305) 682-7100.
Thank you.
Sincerely,
~
Davide M. Carbone
Chief Executive Officer
/tlb
cc: Ronald Book
Frank Schidman
Bob Hollander
Norman Leopold
RECEIVED
OFFICE OF THE
CITY MANAGER
A ventura Hospital
and Medical Center
20900 Blscayne Boulevard
Aventura, Florida 33180
(3051682.7000
Home page Is http://www.aventurahospltal.rom
February 15,2000
Dear Friend:
In order to provide a full range of healthcare services to our community, we will be submitting
an application to the State of Florida for the approval of a Certificate of Need for adult open
heart surgical services.
This is a much needed service at A ventura Hospital and Medical Center because the transfer of
open heart surgery patients away from this facility often creates risk and inconvenience to the
patient and travel barriers for family members. The inability to provide adult open heart surgical
services also increases patient anxiety and adversely affects the continuity of care due to the
inability of physicians to follow their patients within our community.
However, in order to begin offering the community this service, we must first submit an
application to the State of Florida for their approval. If we are successful, we will be presented
with a Certificate of Need (CON) for open heart surgical services and can therefore prepare for
operational, staff and space requirements.
In order to ensure our success, we request your assistance in this endeavor. One of the most
important ways to demonstrate the need we have for open heart surgical services is in the form of
letters of support. The more letters we are able to present for support of the program, the
stronger our expression of need for an open heart service will be to the State. Letters will also be
accepted from any patients, friends and/or family members that may want to express the need for
this program. Our application will be supported by relating personal difficulties they may have
experienced at this facility, such as, but certainly not limited to, treatment delays, transfer
dilemmas and/or travel inconveniences. Your letter should be addressed to me, Davide M.
Carbone, Chief Executive Officer, Aventura Hospital and Medical Center, 20900 Biscayne
Boulevard, Aventura, Florida 33180. Each letter must be signed individually.
Please see the reverse side of this letter for suggested letters of support as well as an outline of
additional points that can be made in your letter. All letters may be delivered directly to the
Human Resources Department or Administration. If you should have any questions or concerns
as it relates to this matter, please do not hesitate to contact me or Lorna Kernizan, CON Project
Coordinator, at 305-682-7100.
I thank you in advance for your support of our hospital, our patients and our community.
RECEIVED
Davide M. Carbone
Chief Executive Officer
OFFICE OF THE
CITY MANAGER
Please Write a Letter O/Support For Obtaining
Our Open Heart Surgical Services Certificate o/Need
At A ventura Hospital and Medical Center
To Mr. Davide Carbone, CEO
Original letters with your unique thoughts, ideas and experiences are preferred. However, please see the
following suggestions that may assist you in your attempt to submit a comprehensive letter of support.
Letters may either be handwritten or typed.
"As an employee of this hospital for the past _ years/months, I have personally witnessed the
inconvenience that both our local physicians and patients have experienced due to the lack of Open Heart
services at Aventura. There is often a significant delay in treatment due to the transfer process, which
places limitations on the level of excellence in patient care that this community has come to expect from
Aventura. Please accept my support and any assistance I can lend to you and your administrative stqff. "
OR
"As I've been informed about the future growth plans for the Hospital's physical space. it
becomes even more important to cover a full range of services in order to complete our intention to be a
comprehensive health care campus. Obtaining an open heart unit. here, at Aventura Hospital and
Medical Center, will take us very close to this goal. "
OR
"I would like to convey my support for the Certificate of Need open heart application submission
on behalf of Aventura Hospital and Medical Center. This addition to the hospital's services would
enhance the continuum of care for all our patients. In addition. travel and inconvenience for all those
involved with these cases would greatly improve. Please let me know if there is anything I can do to help
facilitate the process. "
OR. YOU MAY USE ANY THREE OF THE FOLLOWING POINTS...
· Lack of Continuity CarelThe need to be afull-service facility
(The patient must leave this facility to receive advanced services required)
· Delay In Treatment Due To Transfer Process
· Listed by HClA as One of I 00 Top Hospitals. Nationally
Recipient of the Mercury Award for Patient Quality Improvement in Cardiology, 1998
. Inconvenience To Local PhYSicians
(Physicians will have to "travel" to follow patients or give up patient)
· Community Unwilling To Travel For Advanced Care
(Most of our patients are unwilling to travel for cardiac services)
. Clinical Outcomes More Difficult To Track
(Very difficult to track outcomes when patient leaves primary facility)
· This Will Complete Our Plans To Be A Comprehensive Health Care Campus
· High Technological Advances Already Exist
· Any Other Argument You Would Like To Make
Any Personal Examples Or Experiences To Cite Would Help
"
Petition in Support of
Aventura Hospital and Medical Center's
Efforts to Obtain Approval for an Open Heart Surgery Program
(Must be over 18 years old to sign Petition)
In our efforts to obtain adult open heart surgical services for our community, we would like to demonstrate to
the State of Florida the level of support from local residents to substantiate the need for this' service. By signing
this petition you will demonstrate your support for the provision of adult open heart surgery services at
Aventura Hospital and Medical Center. If you would like further information, please feel free to contact
Lorna Kernizan, CON Project Coordinator, at (305) 682-7100.
Name (Please Print) Address (include Zip Code) Signature
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Please send signed petitions to Lorna Kernizan, CON Project Coordinator/Administration, Aventura Hospital and Medical Center,
20900 Biscayne Boulevard, Aventura, Florida 33180
t
-=
Q)
u
-
~
u
.~
""Q
Q)
~
"'0
~
."
.
~~-!"~
W~
._~f
~
_I
71: \/
~'
t:!'
~'
OJ
,,~fi
~"--'
,
~,.,
~
~j
o~
:r:~
~d!
~ e
< ~.
-
~
~
.~
~"'~"'""''''~.. ,,;fi'
r-tIf
~
&~
, """
"~' .
~
,~
~
IE
....
... <0 ~
;:l ~ cu
o u c:
.... ....
.... > '"
o I.....
~ ~....t:: ...
...Qf.I')~QJ
;:l <;I is'~
'" u...... :>
0......... ...
.... /JI)... cu
/JI)"'O'"
... ;:l 0.."':"
.. c;n~-
'2 ~ ;:l..2
c: <;l '" <0
" cu ...
-..c: cu
0.. SO
cu c: ~ ;:;
... cu .-. 0
"o.."'u
..~ 0 f.I') QJ
_ cu ..c
~ cu ... 0
"'00..
..::..... >< .....
.....0.. cu cu
.... ...
c: ... 0....
;:l 0...... ~
~0:l"'O
.... 0 '"
<;I >. .
o:>cu<;l":
u 0 ?f'~ ~
S 6.... 0......
oo..SC!i;
o"u:I:l::
.... ... c: .....
",..8 cu :!:! cu
cu - :>
u ~...c.~..
.... "'0 /JI)"'O '"
~.t: c: c: c:
cuoo"~
'" _ l:l >. cu
cu~ '" ........
l-l~ .. ~
~0~3e
..c:~~~o
~ (l3. U
,,~ b
cu .... 0
..c:cuc:U
........c:cu...
o .... U :l
Q)o_o
OJ)~ ~ "'"'"
c: c: u:~
" 0....-
....... "'0 ~
=~QJQJ
..2 .~ ~ ..c
-"'0-
" 0.. c: ~
cult,,~
~"'O<;I~
o QJ.~..Q
... cu 0......
0..7'" .
~ocu
E '0 :r: 'E
~~g~
... u .:
0:'= c::
c:.... ~
-b<
U
..:
~
c:
....
"E
o
o
U
td
cu "
.ot
d:;"'O
z]
8]
. ...
~..8
.~ Cl
5~
~~
"co
e'f
oon
....:lg
t>~
"
=
o
u
cu
'"
"
cu
-
~
RESOLUTION NO. 2000-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONDEMNING ALL
FORMS OF VIOLENCE RELATED TO FIREARMS;
URGING BUSINESSES TO ESTABLISH "GUN FREE:
ZONES; EXPRESSING THE NEED FOR GUN CONTROL
AND STATE AND FEDERAL LEGISLATION
ADDRESSING PROBLEM OF FIREARM RELATED
VIOLENCE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura finds that violence
related to firearms disturbs the public peace and impairs the safety and security of
citizens, businesses and tourists; and
WHEREAS, Florida law, including Section 790.33, Florida Statutes, presently
preempts the ability of municipalities to develop effective municipal programs for the
mitigation of firearm related violence; and
WHEREAS, accordingly, municipalities must seek assistance from the State and
Federal government to address the problem of violence related to firearms.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above recitals are hereby confirmed
and adopted herein.
Section 2. Leaislation Policy. The City Commission of the City of Aventura
condemns all forms of violence, in particular those utilizing firearms and supports all
forms of gun control that would address this growing epidemic in our society and the
unnecessary ownership of guns.
Resolution No. 2000-_
Page 2
Section 3. "Gun Free Zones". The City Commission urges all major shopping
centers, medical facilities and public facilities to establish "Gun Free Zones" that would
preclude the entry of persons possessing firearms upon private property.
Section 4. Leaislation Reauested. That the City Commission hereby requests
that legislation be adopted at the State and Federal level which will provide effective
programs for the mitigation of violence related to firearms. Specifically, the City
requests that the Florida Legislature amend Florida laws so as to empower and
authorize Florida municipalities to adopt regulations combating the problem of violence
related to firearms. Further, the City requests that the United States Congress adopt
legislation to provide enhanced funding and additional programs to combat the
occurrence of violence associated with firearms.
Section 5. Distribution. The City Clerk is hereby directed to send a copy of this
Resolution to the Florida League of Cities, Dade League of Cities and all State
Legislators representing the city's residents.
Section 6. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
\M10 moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
2
Resolution No. 2000-_
Page 3
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this tt' day of March, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Resolution - Firearm Related Violence Expressing Need for State
and Federal Legislature
March 7, 2000 City Commission Meeting Agenda Item L
Attached hereto, please find a Resolution prepared by the City Attorney that addresses
the above subject as discussed at the February Workshop Meeting.
If you have any questions, please feel free t contact me.
EMS/aca
Attachment
CC0845-00
RESOLUTION NO. 2000-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING FIREARM
RELATED VIOLENCE; EXPRESSING NEED FOR STATE
AND FEDERAL LEGISLATION ADDRESSING PROBLEM
OF FIREARM RELATED VIOLENCE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura finds that violence
related to firearms disturbs the public peace and impairs the safety and security of
citizens, businesses and tourists; and
WHEREAS, Florida law, including Section 790.33, Florida Statutes, presently
preempts the ability of municipalities to develop effective municipal programs for the
mitigation of firearm related violence; and
WHEREAS, accordingly, municipalities must seek assistance from the State and
Federal government to address the problem of violence related to firearms.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adooted. That the above recitals are hereby confirmed
and adopted herein.
~....~ 1....~T"
Section 2. Leaislation Reauested. That the City Commission hereby requests
that legislation be adopted at the State and Federal level which will provide effective
programs for the mitigation of violence related to firearms. Specifically, the City
requests that the Florida Legislature amend Florida laws so as to empower and
authorize Florida municipalities to adopt regulations combating the problem of violence
related to firearms. Further, the City requests that the United States Congress adopt
Resolution No. 2000-_
Page 2
legislation to provide enhanced funding and additional programs to combat the
occurrence of violence associated with firearms.
Section 3. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
000 moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of March, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
2
RESOLUTION NO. 99-
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, CONCERNING
FIREARM RELATED VIOLENCE; PROVIDING FOR
VIOLENCE MITIGATION PROGRAM CONSISTING OF
GUN BUYBACKS; ENCOURAGEMENT OF OWNERS OF
BUSINESS PREMISES TO CONSIDER RESTRICTING
ACCESS OF PERSONS WITH FIREARMS; DECLARING
"GUN FREE ZONE;" PROVIDING FOR EFFECTIVE
DATE.
WHEREAS. the City Commission of the City of Aventura finds that violence related to
firearms disturbs the public peace and impairs the safety and security of citizens, businesses
and tourists within the City; and
WHEREAS, the City Commission finds that it is necessary to develop effective
municipal programs for the mitigation of firearm related violence; and
WHEREAS, the City Commission finds that the development and implementation of
the violence mitigation program described below will serve to protect the health, safety and
welfare of the community.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
,
Section 1. Recitals Adooted. That the above recitals are hereby confirmed and
adopted herein.
Section 2. Violence Mitie:ation Proe:ram. A violence mitigation program (the
"Program") is hereby adopted to consist of the following:
I. Provisions for the buyback of guns from residents of the City;
2. Encouragement of the owners of business premises to consider
precluding persons possessing firearms from private property;
3. The declaration of a "Gun Free Zone" for the City.
Section 3. Gun Buvbacks. The City Manager. in consultation with the Chief of
Police, shall develop and present to the City Commission for approval a gun buyback program
by which the City will periodically acquire, with lawfully appropriated City funds, firearms
possessed by residents of the City, so as to reduce the proliferation of firearms within the City.
Section 4. Encoural!ement To Private Business Pro{lertv Owners. The City
Manager, in consultation with the Chief of Police, shall develop and present to the City
Commission for approval a community relations program which encourages (but does not
require) the owners of business premises to consider precluding the entry of persons possessing
firearms upon private property.
Section 5. Gun Free Zone. That in accordance with this Resolution, a "Gun Free
Zone" is hereby declared for the City. This shall serve to express the City's strong
commitment to the reduction of violence associated with firearms.
Section 6. Statement of Intent. Nothing within this Resolution shall be construed in
any manner as providing for any restriction or regulation which is precluded by Section
790.33, Fla. Stat. Accordingly, this Resolution shall not authorize any action to be taken by
the City or its officers, agents or employees which is prohibited by or in conflict with Section
790.33, Fla. Stat.
Section 7. Effective Date. That this Resolution shall become effective immediately
upon its adoption.
2
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of
,2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC/ AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
,
32roJI'..rt::suluricns\firearmrela!edviolen:;e
,
~
, who
, and
JAMIE ALAN COLE
EDWARO G. GUEDES
STEPHEN J. HELF'MAN
GILBERTO PASTORIZA
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
LILLIAN ARANGO DE LA HOZ.
RICHARD A. ARONSKY
PATRICIA M. BALOYRA
ALISON S. BIELER
MITCHELL A. BIERMAN
NINA L. BONISKE
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
MITCHELL J. BURNSTEIN
ELAINE M. COHEN
M'CHELLE M. GALLARDO
DOUGLAS R. GONZAlES
JOHN R. HERIN, JR.
ROBERT W. HOLLANO.
CHRISTOPHER 1"'. KURTZ
PETER A. LICHTMAN
KAREN LIEBERMAN.
MARIE E. MATO
NANCY RUBIN.
GAIL D. SEROTA.
ARI C. SHAPIRO
JEFF'REY P. SHEF'FEL
DANIEL A. WEISS.
MIAMI~OADE OFFICE
2665 SOUTH BA'I'SHORE DRIVE
SUITE 420
M lAM I, FLORIDA 33133
BROWARD OF'FICE
1132 SOUTHEAST SECONO AVENUE
FORT LAUDERDALE, FLORIDA 33316
TEL..EPHONE (954) 763-4242
TELECOF'IER (954) 764-7770
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
.01'" COUNSEL
WWW.W5H-FLALAW.COM
December 28, 1999
The Honorable Mayor and Commissioners
City of A ventura
2999 N.E. 191st Street
Suite 500
A ventura. Florida 33180
Re: Effort of City To Reduce Firearm Related Violence
Dear Mayor and Commissioners:
I. REQUEST FOR LEGAL OPINION
The City Commission has recently requested our legal opinion concerning the authority of
the City of Aventura (the "City") to participate in certain activities intended to reduce violence
attributable to firearms. Specifically. the Commission has asked us to determine whether the City
Commission has the authority to develop a violence mitigation program (the "Program") providing
for:
A. The buyback of firearms from residents of the City;
,
B. Encouraging private business owners to consider precluding persons possessing
firearms from their business premises;
C. Declaring the City a "Gun Free Zone."
II. OPINION
For the reasons explained below, it is our opinion that the City Commission has the lawful
authority to adopt the Program outlined above.
III. DISCUSSION
RECEIVED
A. PREEMPTION
.J;:-i--'iC~~ OF THE
CITf MANAGER
Honorable Mayor and Commissioners
December 28, 1999
Page 2
Pursuant to Section 790.33, Fla. Stat., the Florida Legislature has preempted the authority
of the City to regulate firearms. Section 790.33(1) and (3), Fla. Stat. provide as follows:
790.33 Field of regulation of firearms and ammunition
preempted.-
(1) PREEMPTION.-Except as expressly provided by general
law, the Legislature hereby declares that it is occupying the whole
field of regulation of firearms and ammunition, including the
purchase, sale, transfer, taxation, manufacture, ownership,
possession, and transportation thereof, to the exclusion of all
existing and future county, city, town. or municipal ordinances or
regulations relating thereto. Any such existing ordinances are
hereby declared null and void....
(3) POLICY AND INTENT.-
(a) It is the intent of this section to provide uniform firearms
laws in the state; to declare all ordinances and regulations null and
void which have been enacted by any jurisdictions other than state
and federal, which regulate firearms, ammunition, or components
thereof; to prohibit the enactment of any future ordinances or
regulations relating to firearms, ammunition, or components thereof
unless specifically authorized by this section or general law; and to
require local jurisdictions to enforce state firearms laws.
AcconJingly, the City does not have the authority to adopt ordinances or regulations controlling
firearms. However, it is our opinion that tl>e City is not preempted from implementing the
methodology of the Program, since nothing in the Program seeks to establish an ordinance or
regulation controlling firearms or to attach penal sanctions to matters concerning firearms. None
of the elements of the Program would appear to encroach into the preempted territory which has
been marked off by the Florida Legislature.
B. THE PROGRAM
(1) Gun Buyback Program. The City Commission may establish a gun buyback
program by which available City funds are utilized for the purpose of acquiring firearms from
residents of the City, upon finding that such acquisition will Serve a public purpose by facilitating
the reduction of violent crime. Gun buybacks serve to remove a quantity of firearms from
circulation and thereby lessen the proliferation of firearms. Similar gun buybacks have been
utilized in other communities.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, EA.
Honorable Mayor and Commissioners
December 28, 1999
Page 3
(2) Encouragement of Business Owners. Generally, the owners of business premises
may voluntarily determine to exclude persons possessing firearms from entry upon their privately
controlled property.! Likewise, the City may encourage owners of business premises to consider
precluding individuals possessing firearms from entering private business premises, so long as the
City does llQ! reauire private property owners to do so. This element of the Program would be
implemented upon a voluntary basis at the sole discretion of the individual business owner.
(3) Gun Free Zone. The City Commission may, by resolution, declare the City to be a
"Gun Free Zone." No penalty or other sanction would be imposed upon anyone as a result of the
City's declaration of a "Gun Free Zone." Instead, the declaration would serve as a strong
statement that the City advocates the reduction of firearm related violence. However, we do not
recommend that signage be posted reflecting the "Gun Free Zone" message, since such signage
may trigger liability claims if characterized as a representation that there are no guns in the City.
IV. CONCLUSION
For the reasons indicated above, it is our opinion that the City Commission has the lawful
authority to adopt the Program. We have drafted a proposed resolution for City Commission
consideration in accordance with this opinion.
Respecrfully, ~
~~~
David M. Wolpin
DMW/cmb '
Enclosure
328001
cc: Mr. Eric M. Soroka, City Manager
Richard Jay Weiss, Esq.
, In Pelt v. StateD,O.T.. 664 So. 2d 320 (Fla. 1st DCA 1995), the First District Coun of Appeal upheld the
discipline of an employee for possessing a firearm at work. despite his possession of a Stale concealed weapon
permit. The Coun observed that Section 790.33 "is directed toward local governments' regulation of the conduct
of its citizens, nollO an employer's regulation of the conduct of its employees". By analogy, the statute is not
directed at a business owners dealings with his or her patrons.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
FEB-29-00 18,37 FROM,TURNBERRY ASSOCIATES
10,3059335511
PAGE 2/2
--.-..-.......--......--
...-.-.-......--...... ...-......-.............
TIJ..'IE..Y A...CIATIUI
"Elf..IAID""
-
--. . .-
-- ---.
TO: ERIC SOROKA
FRO". GEORGE ,. BERUN /)1
RE: EUGENE LEBOWITZ MEMORIAL
DATE: 02/29/00
cc:
As we recently diSCUssed, the family of the late Eugene Lebowitz has contacted me
regarding the establishment of an appropriate memorial in Founders' Park. As you may
know, Eugene Lebowitz was one of the original founders of the Aventura property. The
family would like to make a conbibution of $30,000.00
Please give me a call to further diScuss this matter.
Id
18501.......1hd.i .sUIte 4OO/A__. R. 33180/1305) t37-6200/FII 130&) 833-5511
~lr~
Ij;.a
't.n,'
STEPHEN P. CLARK CENTER
MIAMI-DADE COUNTY, FLORIDA
~AM~:.
DEPARTMENT OF PLANNING AND ZONING
111 NW 1ST STREET
SUITE 1110
MIAMI, FLORIDA 33128-1974
(305) 375-2800
FAX (305) 375-2795
june.29,1999
Mr. David Dahlstrom
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, Fl 33021
'.
"
Dear Mr. Dahlstrom,
By means of this letter, please accept the Miami-Dade County Department of Planning
and Zoning's two (2) applications for Co=unity Investment Grant consideration.
Community Investment Grants will assist in making possible these two significant
plami.ing activities. The attached project narratives address the parameters described in
your announcement of the grant.
Thank you for your time in considering these applications. I look forward to receiving
your response. If you have any questions regarding these applications, please contact
Carey L. Rawlinson, Acting Assistant Director for Planning.
y-
GEO:BJF
cc: Caryn Montague, Chair Northeast Co=unity Council Two and Ojus Area Study
Steering Committee
OJUS AREA PLANNING PROJECT
1. oJUs - A BRIEF BACKGROUND
Ojus is one of the older, settled communities in Miami-Dade County. Located in the
northeastern area of the County, it was incorporated as a city in 1926 but reverted to
unincorporated status shortly thereafter. The attached map shows the Ojus area as it is
known today. (Attachment A)
The area has a colorful history. It was hoole to an automobile racetrack, tourist cabins,
truck farms, rock quarries, a train stop of the Florida East Coast Railroad, and -
according to local lore -- a number of stills by means of which local farmers raised
income during the off-season.
There are two versions of the origin of the name "Ojus." According to one, it comes from
a similar sounding Indian word meaning ''Place of Plenty." According to the other, it
derives from a laconic answer given to tourists on the train travelling from Hollywood,
Florida to the Hialeah racetrack. When the train stopped to drop off packages and pick
up water, passengers asked where they were. The conductor responded, "Oh, jus'
somewhere in Florida." Hence ''Q'jus.''
The Oleta River which flows through Ojus, is an integral part of the community: Homes,
businesses and schools are situated on both banks of the river. Ojus is one of those few
unique communities in South Florida that has a rich natural resource and, as such, the
community is intent on protecting and preserving it.
Although there has been significant development and intensive development in the
surrounding areas of Aventura, Hallandale and North Miami Beach, there has been little
attention paid to redevelopment in this area. The intensity of development of surrounding
cities poses a serious challenge to the residents and businesses of Ojus and the future
preservation of the Oleta River corridor.
In particular, the intensity and density with which the adjacent city of Aventura was buIlt
poses a threat to that which is unique about Ojus and the Oleta River corridor. As Ojus
residents are quick to point out, Aventura is built on what was once the site of rock;
mining, mangroves and the eastern part of Ojus. Presently, there is an opportunity to'
create a more attractive community for residents and visitors.
Some of the old Ojus COminunity remains visible and it re~, for current and former
inhabitants, a very real serise of place and history. Ojus Elementary School opened in
1926: The building was destroyed by a hurricane that same year but was rebuilt in 1927.
It remains one of the major focal points of the community. Every July 4th weekend an
Ojus Old Timers Picnic is held in a local park, Greynold's Park, for old-time Ojus
residents to get together and swap stories. One of these gentlemen, a long-time property
owner and resident in the area, noted that the name Ojus no longer appears on many
official maps
Ojus Community Investment Grant Application
Page 2
A Community Investment Planning grant would be used for a charrette to help the
community define itself. Additionally, the grant would be used towards developing a
Main Street project in the Ojus business district. .
2. ORIGIN OF THE PROJECT
The current study of the Ojus area grew out of a resolution adopted by the Northeast
Community Council 2 in the summer of 1998 requesting a planning study in the area.
(Attachment B) This community council is one of 15 community councils established in
the unincorporated area of Miami-Dade County to serve as local zoning boards and to
make recommendations on planning issues and other municipal-type matters such as
local budget priorities. The members of that council had become concerned with what
they perceived to be spot development and I:~development in the area with no overall area
plan to protect, preserve and enhance the unique characteristics of the community.
Their resolution was forwarded to the Board of County Commissioners, who in July of
1998, adopted a resolution petitioning the County Manager to commence a study of the
area. The Department of Planning and Zoning (DP&Z) has been directed to perform the
study. (Attachment C) This project represents the first such community study requested
by a community counciL
Staff; in conjunction with area residents, businessmen and property owners, has begun to
work with the community to provide data and to help define and build a vision for the
community. A preliminary report of existing conditions in the area was prepared and
distributed. The latest update of this report is attached. (Attachment D) The first Ojus
Steering Committee meeting was held on January 13,1999.
Staff of the Northeast office of Team Metro, an agency of Miami-Dade County,
distributed a letter, explaining the Ojus Area Study, and an area survey to business
owners in December, 1997 and January, 1998 as part of that agency's commitment to this
project. Additionally, neighborhood surveys have resulted in 702 new cases opened in
1998, fostering increased adherence to codes and beautification efforts. Concurrent
programs are evolving even while this project remains in the study phase. Also, the local
community is currently taking steps on its own to clean up and beautify properties.
A Community Investment Planning grant will help fund a charrettewhich, in turn, will
help the community concentrate on its self-image by utilizing exercises such as
community image surveys, workshops, and public education programs. It is strongly
believed that this will provide the basis by which more specific design guidelines can be
created for the community.
3. PROPOSED PROJECT AND FINAL WORK PRODUCTS
A. The major focus of the project is the development of a local area master plan to guide
revitalization and redevelopment in both the commercial and residential areas of Ojus, as
well as the protection of the Oleta River corridor. This is an opportunity to develop an
area plan that is sensitive to the river and its ecology so that it can continue to remain a
viable habitat for birds, fish and other species that inhabit the Oleta River and' its
riverbanks. The final product of the Ojus area planning effort will be a small area plan
Ojus Community Investment Grant Application
Page 3
with design guidelines and, if appropriate, recommendations for the development of a
zoning overlay ordinance for the area.
The area master plan, including urban design guidelines, will be developed by the
Department of Planning and Zoning with considerable community input through a series
of workshops with the Ojus Area Study Steering Committee and others. These
guidelines, and any proposed land-use changes or recommendations for zoning overlays
growing out of the guidelines, will be submitted to the Steering Committee for its review
and recommendation.
Following its final acceptance of the guidelines and recommendations of the Steering
Committee, these proposed guidelines and recommendations will be submitted to the
Northeast Community Council 2 for its review and recommendation. Subs~uently they
will be submitted to the Miami-Dade Board of County Commissioners. If the County
Commission accepts the recommendationS"; the Department will seek support for the
actual drafting of specific implementing land use and zoning regulations to be
incorporated into the Miami-Dade County Zoning Code to guide future development and
redevelopment in the area.
B. A natural resource protection plan will be developed and implemented, with special
emphasis on the portion of the Oleta River that runs through the Study Area as well as the
greenery, rookery, and other co-existing elements. Due to recent nearby development,
there is an urgency to develop a viable plan for protection and preservation: Without a
land-use plan as part of this study focus, the impact of future development could be
devastating. (See Attachment E)
c. It is anticipated that a completed Florida Main Street application will grow out of this
initiative. Florida Main Street is a program administered by the Florida Department of
State, Division of Historical Resources. The program provides financial and technical
assistance to communities which desire to revitalize particular geographic sections. The
program follows the Four Point Main Street Approach.TId This technique focuses on the
key areas of Design, Promotion, Economic Restructuring, and Organization. It was
developed by the National Main Street Center of the National Trust for Historic
Preservation and has been successfully utilized by more than 1600 communities
nationwide. The application process itself is an organizing tool for communities seeking
to improve and reinvent themselves. Staff from Department of Planning and Zoning aqd
the Ojus Steering Committee will work with the community to complete that application
by July 2000.
4. PROJECT OBJECTIVES
This study is intended to evaluate and improve the quality of life in Ojus by helping the
community understand an~ create a plan for a more livable and sustainable community.
There are two objectives within that overall major objective.
I. A VISION FOR orus 2026
The first step toward the objective is to build a collective vision and plan for the area.
The date 2026 has been selected as a long-term planning horizon as it is the centennial
year of the Ojus incorporation. Future design of the area will follow desires and values. .
espoused by local stakeholders (residents and business owners).
Ojus Community Investment Grant Application
Page 4
With the increased intensity of the development just to the east and north of the area in
the communities of Aventura and Hallandale, Ojus is poised to take advantage of some of
the overflowing positive impacts of their development. On the other hand, the
community could, if not careful in its strategic planning, lose its. unique local character
and identity and its special relationship with the Oleta River. The Ojus community is at a
critical moment for determinin€! iust what kind of redevelopment it wants to have take
place.
A preliminary visioning meeting was held in the community on May 3, 1999. At that
meeting, a community image exercise was conducted. Those present who participated in
the community image survey expressed a preference for a pedestrian-friendly community
and were supportive of development that promoted mixed uses and comfortable walking
conditions. A summary of the average scores and explanation of the process are attached.
(Attachment F) ..
A further step in building the vision for the area will involve holding a design charrette.
The Ojus area contains an eclectic mix of buildings of varying ages and features many
design opportunities for the creation of a livable environment. Features to incorporate
include the F.E.C. Railroad, Oleta River, West Dixie Highway, Miami Gardens Drive,
Honey Hill Drive, and the local housing stock. Some of the older buildings will be
examined to see if they qualify for historic designation. Additionally, sites with Native
American history are found on both sides of the Oleta River. The area has a unique blend
of natural, historic, and archaeologic resources and a compact residential area. The goal
of the charette will be to develop a plan that takes advantage of the existing resources
while providing a guide for future cohesive and positive redevelopment.
2. COMMUNITY BUILDING AND VISUAL ENHANCEMENTS
The Ojus area will benefit in the short-term from small-scale improvements, such as
improved landscaping and enhancements to the appearance of existing small businesses
in the area, including improved signage, facades, fresh paint, and the like.
Thus, a second objective of the project is to support community efforts to create a viable
homeowners' association and a business association to work with agencies such as the
County's Team Metro and area schools to carry out local beautification efforts.
<
The Team Metro program is a network of County offices throughout the unincorporated
area. Team Metro staff serve the community in many capacities, working with
homeowner associations on various projects, doing code enforcement and education, aJJd
acting as liaisons for the community with various governmental agencies. Staff from the
Northeast Office is on the Ojus Steering Committee. Recently, working with the
County's Office of Community and Economic Development, Team Metro staff assisted
one local property owner-.in applying for a grant under the Commercial Revitalization
Program. That program offers up to S90,OOO for capital improvements and code violation
corrections for commercial property owners willing to invest SIO,OOO to match the grant.
In addition, the community is contemplating applying for status as a Main Street
Community. Florida Main Street is a program administered by the Florida Department
of State, Division of Historical Resources. The program provides financial and technical
assistance to communities which desire to revitalize particular gepgraphic sections. The
program follows the Four Point Main Street Approach.TId This technique focuses on the
Ojus Community Investment Grant Application
Page 5
key areas of Design, Promotion, Economic Restructuring, and Organization. It was
developed by the National Main Street Center of the National Trust for Historic
Preservation and has been successfully utilized by more than 1600 communities
nationwide.
The Executive Director of the Downtown Miami Main Street Program presented this
model at the Ojus Steering Committee meeting, June 16, 1999. The Steering Committee
expressed great interest in applying to be designated as a Main Street community and will
begin that application process in the summer of 1999 for submission in July 2000.
5. ORGANIZATIONAL DESCRIPTION
The Ojus Area Planning Project is a joint effort of the Northeast Community Council 2
and the Department of Planning and Zoning. Other County agencies, such as Team
Metro and the Park and Recreation Department will be involved in various components
of the project.
Community councils were established in 1996 by the Board of County Commissioners to
serve as local zoning appeals boards for the unincorporated Miami-Dade County area and
as advisory boards on a range of local municipal-type issues. One of the advisory
functions of the Miami-Dade County community councils is to make recommendations
on planning in the unincorporated area.
The Chairperson of the Northeast Community Counci12, a long-term resident in the Ojus
area, is serving as the Chairperson of the Ojus Area Study Steering Committee. She has
eniisted the support of business owners in the area, several major local institutions,
including the Michael Ann Russell Jewish Community Center (ICe), Ojus Elementary
School, local synagogues, Team Metro, the Miami-Dade Police Department, and
community residents. The JCC has contributed meeting space for all Steering Committee
meetings and for community meetings.
A major function of the Miami-Dade County Department of Planning and Zoning is to
provide local planning services to unincorporated areas of Miami-Dade County. The
Department established the Community Planning Section by merging the previous Area
Studies section with the Office of Community Council Administration. Staff from this
section is responsible for all of the non-zoning issues that relate to community councils
and for the preparation of small area studies. The Ojus study is. the first joint project of a
community council and the Department of Planning and Zoning.
The management team for the Ojus Area Planning Study is:
Michael Bregman, AICP, Senior Planner, Project Coordinator;.
John Cox, Principal Pl~er,
Gianni Lodi, Principal Planner
Dr. Barbara Falsey, Chief of Community Planning, project oversight.
The Ojus Steering Committee is comprised of the above County staff and the following:
Caryn Montague, Committee Chairperson and Chair, Northeast Community Council (2)
Lee Watts, Aide to Miami-Dade County Commissioner Margolis
Suzanne Salichs, Miami-Dade County Team Metro Northeast Coordinator
Gjus Community Investment Grant Application
Page 6
Karen Hodson, Resident, Ojus Elementary School
Bill Harrington, Miami Dade Police Department
Ed Margolis, Local property owner and business owner
Gary Bozmer, JCC
George Berlin, Temple Sinai, property and business owner
Shelly Costin, business owner
Gad Ohana, property owner
Amy Werba, resident, Friends of the Oleta River
Bob Redman, resident
Thomas Reems, resident, business owner ..
Carol Lewis, resident
Joel Berger, Beth Torah Adath Yeshurun
Dolly Hansen, Miami-Dade County Park & Recreation Department
It is an open committee and it is expected that additional persons will join as the study
progresses and subcommittees are formed to address primary goals.
6. PROMOTING THE GOALS OF EASTWARD HO!
As stated above, the project's objective is to improve the quality of life in the COID1Ilunity
by developing a plan for the creation of a more livable and sustainable environment
according to the principles of urban design and urban form.
As other communities such as West Palm Beach; Portland, Oregon; and Chattanooga
Tennessee have demonstrated, the application of principles creating a livable and
sustainable community can foster economic prosperity, reduce crime, facilitate
accessibility between homes, businesses, and public facilities, and reduce pollution.
Eastward Ho! promotes livable and sustainable communities according to the same
principles and thus this project is entirely consistent with the goals of Eastward Ho!
. ,
In addition, the Ojus study area lies wholly within the boundaries of the Eastward Ho!
corridor. The focus area of the study is an older, developed community, with existing
infrastructure and considerable redevelopment potential. It is located adjacent to oth~
more recently and more intensively developed communities such as Aventura and
Hallandale. Through the implementation of a land use pattern that follows the principles
of urban design and urban. form, Ojus can become a more livable community than the
typical suburban development. Through the implementation of land use policies and
zoning designations which foster a contiguous building pattern along an interconnected
grid street system, along with the preservation and celebration of the natural areas that
surround the community, Ojus has the potential to serve as a model Eastward Ho!
community.
A land-use plan to preserve the Oleta River also promotes a future goal of Eastward Ho!
by restoring and protecting a natural area. Through the implementation of
environmentally sound land use planning and the creation of a livable and sustainable
.,. "
Ojus Community Investment Grant Application
Page 7
community, the Oleta River will enjoy a higher level of protection than at any time in
modern history.
The project's objectives are supported by the Comprehensive Development Master Plan
(CDMP) of Miami-Dade County.
Specific policies of the CDMP that most clearly support the goals of Eastward Hol and
the future vision of the Ojus area as a livable community are enumerated in Attachment
G.
7. TIMELINE AND CURRENT STATUS OF THE PROJECT
The planning stage of the project will encompass approximately three years. To date, the
Steering Committee has been formed and:.has met monthly and several community
meetings have taken place. These include a Community Image Survey and a presentation
by the Executive Director of the Downtown Miami Main Street program. A draft
background report has been prepared and revised after discussion with the Steering
Committee. A discussion of the community image survey and the most recent
background report are attached.
The overall time line, including activities that have already occurred, is as follows:
June 3, 1998 Northeast Community Council 2 Resolution 2-03-98
July 21, 1998 Board of County Commissioners Resolution R-914-98
December 1998 Preparation of draft existing conditions report
January 13, 1999 First Steering Committeemeeting*
*Committee meetings occur approximately once a month
for duration of the project. See Attachment H for
summaries of meetings.
March 23, 1999 Steering Committee field trip to Downtown Hollywood
May 3, 1999 Community visioning exercise
July - October 1999 Complete parcel based inventory of existing land
uses/zoning within focus area.
Establish inventory of va cant parcels.
Identify all business properties - ownership and use.
Develop plans for Ojus Mini-FestivaI- to promote
. community awareness of the project and to enlist support
for creation of community and business associations.
Begin Main Street application process
(to be continued through July 2000)
.
'.,. ,
Ojus Community Investment Grant Application
Page 8
NovemberlDecember Planned Ojus Mini-Festival in Ojus Park (Team Metro,
1999 Ojus Elementary School, et. al.)
Activities: neighborhood clean-ups, games, cook-out.
Conduct community survey
March - April 2000 Conduct charrette and present to community
.
April- July 2000 Complete final draft of Area Plan - including .
recommendations for zoning overlay
Complete and submit Main Street application
8. PROJECT COST
The bulk of the project cost for preparing the area plan, coordinating the Main Street
Application and conducting the charette involve staff time and facilities. Much of this
work is ongoing as part of the work requested by the Board of County Commissioners in
preparing a planning report for Ojus. The County Commission, by resolution, has
already committed the resources of the Department of Planning and Zoning to undertake
this project.
The community investment grant will be used specifically to defray some of the cost
involved in the preparation, conduct and dissemination of the design charette and the
Main Street application.
The following are estimates of costs to be incurred.
Planning Staff Principal Planner (2) $31,440
I 1200 hours total
Senior Planner (1) 11,616
600 hours .
Acting Chief - 1 day a week 12,508
,
400 hours
.
Overhead and associated costs (fringe benefits, 144,466
duplication, mailing, etc.)
Team Metro Support Enforcement Supervisor (1) $1,332
Overhead Costs (research time, $3,462 .
office space, support)
Business Support Contribution in time of local $16,800
businesspeople at meetings (12
people/meeting * 28 meetings)
Facilities Meeting Rooms - for steering In-kind donation
committee and Community of $4,600
Meetings Donated by Michael
Ojus Community Investment Grant Application
Page 9
Ann Russell Jewish Community .
Center
24 Steering Committee Meetings
(Approx. $150 each)
4 Community Meetings
(ADorox. $250 each). .
Duplication Reports, . Material for Charrette $20,000
(maps, other . visuals, some
consultant costs), Publication of
Charrette products (axonometric
sketches, pre1iminary guidelines) .
Project Cost $246,224
..
9. COMMUNITY PARTICIPATION
Community participation has been and will continue to be integral to this project. The
idea for the area study came out of the local community council. The Chairperson of that
council identified key individuals in the community to attend the first meeting and to
begin the process offoiming a steering committee and plan of action.
To date, a total offive meetings, with attendance by local residents, business owners, and
County and Regional Planning Council staff; have been held in the community. At the
most well-attended meeting, held on May 3, 1999, 21 members of the public came to
begin to formulate a community vision and voice their comments on the future image of
the community. More meetings are planned for the future and the Department is of the
opinion that attendance at meetings will continue to grow as "word-of-mouth"
concerning the project spreads through the community.
10. SUPPORT OF POTENTIAL PARTNERS AND APPLICABLE LOCAL
GOVERNMENTS
This project has the support and endorsement of many local agencies and groups. 4
The following resolutions and letters of support are enclosed with this application.
1. Resolution of Northeast Community Council 2 (Attachments B and E)
2. Resolution, Board of County Commission~s, Miami-Dade County (Attachment C)
3. Letter of Support, Senator Gwen Margolis, Chair, Board of County Commissioner
(Attachment I)
4. Letter of Support, Suzanne Salichs, Northeast Office, Miami-Dade County,
Team Metro (Attachment 1)
5. Letter of Support, Ojus Elementary School (Attachment K)
6. Letter of Support, Michael-Ann Russell Jewish Community Center (Attachment L)
7. Newspaper Article - Roxanna Soto, "Unique Neighborht;lod," Miami Herald
Neighbors, June 27, 1999 (Attachment M)
ATTACHMENT A
L-..J
~
]
~D
w
~
1l
w
z
BROWARD COUNTY
M1AI.II-llAOE COUNTY
lYE.
DAIRY ROAD
NE199ST
.
HE 18SST
FIGURE 1
OJUS FOCUS AREA,
SHOWING RELATIONSHIP WITH OJUS AREA
l'
N
. C A L E
0 * % Mile
- - - Ojus Area
...... Ojus Focus Area
_ Incorporated Area
DEPARTMENT OF
PLANNING AND ZONING
a.ccu........T'l'~ tMlO,USIOOIINUAI'Ol'lIlMOlI"'VU o.w
.'
'.
ATTACHMENT B
..----...--.-
RESOLUTION NO CC2-03-98
RESOLUTION OF COMMUNITY COUNCIL 2 ADVISING
TIIE MAYOR, COUNTY MANAGER AND BOARD OF
COUNTY COMMISSIONERS OF THE NEED FOR A
PLANNING STUDY IN THE oms AREA, AND
RECOMMENDING TIIAT THE COUNTY MANAGER
DmECT TIIE DEPARTMENT OF PLANNING,
DEVELOPMENT AND REGULATION TO PREPARE AN
AREA PLANNING REPORT FOR THE AREA BOUNDED
ON TIIE NORTH BY THE MlAM:):-DADElBROWARD
COUNTY LINE, ON TIIE SOUTH BY MIAMI GARDENS
DRIVE, ON TIIE EAST BY THE CITY OF A VENTURA,
AND ON THE WEST BYNE 18 AVENUE.
. WHEREAS, The Board of County Commissioners by Ordinance No. 96-126 established
- Community Councils in the unincorporated area; and,
WHEREAS, the Community Councils may at their option perform certain duties and
responsibilities as are contained in that ordinance; and
WHEREAS, at their meeting ofJune 3, 1998, the members of Community Council 2
discussed the need for a planning study in the Ojus area,
NOW THEREFORE BE IT RESOLVED THAT COMMUNITY COUNCIL 3 advises
the Mayor, County Manager and Board of County Commissioners of the need for a planning
study in the Ojus area, and recommends that the County Manager direct the Department of
Planning, Development and Regulation to prepare an Area Planning Report for the area bounded:
on the north by the Miami-Dade/Broward County Line, on the south by Miami Gardens Drive, on
the east by the City of Aventura, and on the west by NE 18 Avenue.
: ~.G.
The foregoing resolution was offered by Vice Chair Montague, who moved its adoption
and was seconded by Council member Stein, and upon being put to a vote the vote was as
follows:
CC2-03-98
Page 2
DOMa Ballman - Aye Reynold Stein - Aye
Joe Curtis - Absent Mary Watson - Aye
Caryn Montague - Aye Bob Wolf - Aye
Chair Friedman - Aye
The Chair thereupon declared the resol~on adopted this 3rd day ofJune, 1998.
I hereby certify that the above information reflects the action of the Council.
ATTACHMENT C
.
MEMORANDUM
Substitute
Agenda Item No. 6(M)(2)(A)
To:
Date:
From:
Hon. Chairperson and Members.
Board of County Commissioners
July 21, 1998
Subject:
Area planning report for
Gjus area
Robert A. Ginsburg
County Attorney
The attached substitute resolution was prepared and placed on the agenda
at the request of Chairperson Gwen Margolis. This substitute requires the
Manager to find appropriate funding for the area planning report.
R~~m~
County Attorney
RAG/rk
Attachment
,
,
-
. Approved
Veto
Override
Mavor
Substitute.
Agenda Item No. 6(M)(2)(A)
7-21-98
RESOLUTION NO.
R-9l4-S'6
. RESOLUTION PETITIONING THE COUNTY MANAGER FOR
AN AREA PLANNING REPORT FOR THE orus AREA IN
COUNTY COMMISSION DlSTR]CT 4
WHEREAS, Sections 2-] 16.2 through 2-] 16.11 of the Code ofMiami~Dade County
provide a process for the preparation of area pl~.nning reports; and
WHEREAS, the Board of County Commissioners wishes to petition for the preparation
of an area planning report for the Ojus.area in County Commission District 4,
NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNn'
COMMISSIONERS OF M]AMI-DADE COUNn', FLORIDA, that pursuant to Section 2-
116.3 of the Code of Miami-Dade County, this Board petitions the County Manager for the
preparation of an area planning report for the Ojus area in County Commission District 4 with
boundaries as follows:
On the North by the Miami-DadelBroward County Line. On the
South by Miami Gardens D.rive. On the East by the City of
A ventura. On the West by NE 18 Avenue.
The County Manager shall identify appropriate funding for the preparation of the area plaMing
report provided for herein.
The foregoing resolution was sponsored by Chairperson Gwen Margolis and offered by
Commissioner In. B.,1~,~ H. Carey
, who moved its adoption. The motion was
seconded by Commissioner
vote was as follows:
Qa1~1i"
and qxm being put to a vote, the
r.ur~C"h~ (.
Dr. Miriam Alonso
Dr. Barbara M. Carey
Betty T. Ferguson
Natacha Seijas Millan
Dennis C. Moss
Dorrin D. Rolle
Substitute
Agenda Item No. 6(M)(2)(A)
Page NO.2
aye
aye
d:a:nI:
aye
aye
d:a:nI:
Bruno A. Barreiro
Miguel Diaz de la Portilla
Gwen Margolis -.
Jimmy L. Morales
Pedro Reboredo
Kat l' Sorenson
Javier D. Souto
aye
aye
aye
aye
abgeol:
aye
aye
The Chairperson thereupon declared the resolution duly passed and adopted this 21'" day
- - .
of July, 1998. Thisresolution shall become e~~ctive ten (10) days after the date of its adoption
unless vetoed by the Mayor, and if vetoed, shali"become effective only upon an override by this
Board.
....'
,.
",....--.
.- ,^. &..
."c,o ,If. 1-." ! ~.4.
.4- ..s-.
Ii'>'" 0 ~ 1:1 ~,_ "."
~}..... '" ~ 0'-
E i_~-\ ~
C 2: f CO_ll::n. z.o
!oI:3 ( _4'- 'or ~~
\"0. '" '0' ""'IJ~
\" '0.'- c,,;
~
Approved by County Attorney as
to form and legal sufficienc]'. ME:
m3r&oli~ "6
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By:KAY SULLIVAN
Deputy Clerk
/'
-
-::z..
ATTACHMENT 0
DRAFT
A PLANNING STUDY FOR
THE OJUS FOCUS AREA
Prepared by the
Community Planning Section,
. Miami-Dade Department of
Planning and Zoning
July 1999
Alex Penelas
Mayor
Board of County Commissioners
Betty T. Ferguson
District J
Dorrin Rolle
District 2
Dr. Barbara Carey
District 3
Gwen Margolis
District 4
Bruno A. Barriero
District 5
Pedro Reboredo
District 6
Jimmy Morales
District 7
Gwen Margolis
Chairperson
Merrett R. Stierheim
County Manager
Robert A. Ginsburg
County Attorney
Katy Sorenson
District 8
Dennis C. Moss
District 9
Javier D. Souto
District J 0
Miguel Diaz de la Portilla
District J J
Dr. Miriam Alonso
District 12
Natacha Seijas Millan
District 13
INTRODUCTION
Objectives
Two major objectives have been identified for the Ojus Focus Area study:
1. to identifY area planning problems and opportunities, with special attention to issues
related to the area's neighborhood development and redevelopment and the County's
current plans, and
2. to prepare a planning response to the identified issues, problems and opportunities that
will include immediate actions and a longer-range strategic program.
Study Area
Location and Size. The OJ us Focus Area is located in northeastern Miami-Dade County
between Highland Oaks Park on the north, the intersection of the Oleta River with the F.E.C.
railroad tracks on the south, the western bank of the Oleta River on the west, and the F.E.C.
railroad tracks - the boundary with the City of Aventura - on the east. The Ojus Focus Area is
354.33 acres in size, or slightly more than one-half square mile.
The Ojus Focus Area is a part of a larger area described here as the Ojus Area, which is bounded
on the north by County Line Road, on the south by Miami Gardens Drive, on the west by NE 18
Avenue and on the east by the F.E.C. railroad tracks. A portion of the Ojus Focus Area extends
slightly beyond the southern boundary of the larger Ojus Area, encompassing an area of
approximately 76 acres bounded on the north by Miami Gardens Drive, on the south by the
intersection of the Oleta River and the F.E.C. railroad tracks, on the west by the eastern shoreline
of the Oleta River, and on the east by the F.E.C. railroad tracks (see Figure 1).
Historv. The name Ojus relates to an Indian word meaning "place of plenty." The area was
originally covered by solid rock of good quality, which was used, for road construction. In 1920,
Ojus had a population of 538. An automobile racetrack was built just outside of present-day
North Miami Beach in what was then known as "Fulford by the Sea." The Town of Ojus was
incorporated in 1926 and extended from NE 18 Avenue to the Intracoastal Waterway between
County Line Road and Miami Gardens Drive.
The Town went bankrupt in '1931 and was dissolved in 1936 due to its inability to collect taxes.
The area remained stable through the rest of the 1930s. World War IT brought some defense
industries to the area. During the 1950s and 1960s, the area experienced a surge of single-family
construction, and in the late 1960s, condominiums came into the area. The Ojus Focus
Area today is a mixture of housing types ranging from low-density, single-family homes to
apartments and mobile home parks, commercial and industrial areas, and institutional uses.
1
L......I
~
J
~D
~
~
N
W
Z
BROWARD COUNTY
MIAMI-DADE COUNTY
o
IVES
DAIRY ROAD
HE 1995T
HE 186ST
FIGURE 1
OJUS FOCUS AREA,
SHOWING RELATIONSHIP WITH OJUS AREA
t
N
s
C A L
E
- - - Ojus Area
...... Ojus Focus Area
.. Incorporated Area
o
% % Mile
DEPARTMENT OF
PLANNING AND ZONING
2
GCOWWNlTY'~ 'IHIo.alSfOCUlINtLAl'OItWAOl ,_VI,O_
LAND USE, POPULATION AND HOUSING
Land Use
The data in Table 1 describe land use characteristics of the Djus Area and the Djus Focus Area in
1994 and 1998, and Miami-Dade County in 1994.
Land uses in the Djus Focus Area are very diverse and have remained relatively stable since the
early 1990s. In both 1994 and 1998, the amount ofland in residential uses was about 32 percent;
however, in 1994, more land was in multifamily uses and in 1998 slightly more was in single-
family type uses, indicating a slight redevelopment of some multifamily land into single-family
type homes. Commercial and office space incn::~ed slightly between 1994 and 1998, while the
amount of land in industrial uses decreased, indicating a slight shift from industrial to commercial
uses. Institutional acreage remained the same, as did the acreage in water. Vacant land decreased
slightly.
In 1998, the Focus Area had about one-third of its land in residential uses, compared with about
one-half in the larger Djus Area, and 27 percent in the County. The County had a smaller portion
of its land in commercial uses than either the Focus Area or the Djus Area. The Focus Area had
about 6.5 percent of its land in industrial uses, compared with under three percent in the County
and about 6.6 percent in the Djus Area, indicating the almost all of the industrial land in the Djus
Area is concentrated in the Focus Area. Very little vacant land is left in both the Djus Area and
the Focus Area, compared with over 15 percent of the urbanized portion of the County.
Population
Table 2 describes the population characteristics of the Djus Focus Area. The same characteristics
are presented for the larger Djus Area and Miami-Dade County for comparison.
Between 1980 and 1990, Miami-Dade County grew by over 19 percent while the larger Djus
Area declined by 4.20 percent and the Focus Area by 3.24 percent. Between 1990 and 2000,
however, Miami-Dade County, the Djus Area and the Focus Area are projected to grow. The
growth rate for the Djus Area and the Focus Area will be less than half that of Miami-Dade'
County, reflecting the fact that both the Djus Area and the Focus Area are almost completely
developed, while there is still a large supply of developable vacant land in the County. Growth in
both areas is forecast to continue between 2000 and 2015.
The racial/ethnic mixture of the Djus Area and the Focus Area in 1990 was less diverse than the
County's. Almost of half the County's population was of Hispanic origin, compared to
approximately 13 percent in the Djus area and 18 percent in the Focus Area. The proportion of
Blacks in the Focus Area was almost twice that of the larger Djus Area, but smaller than the
County. The age distribution for the three areas in 1990 shows that the population of the
3
Table 1
Land Use Comparison in Acres Within the Ojus Area and the Ojus Focus Area,
d d' dMi . D d C 1994
1994 an 1998, an Urnncoroorate amJ- a e ounty,
1994 1998
OJUS OJUS OJUS OJUS UNINCORPORATED
AREA FOCUS AREA FOCUS MIAMI-DADE COUNTY
AREA AREA (urbanized area only, 1994)
LAND USE % % % % 0/0
Single-family type' 46.39% 14.95% 46.36% 19.34% 24.37%
Multifamily type' 3.21% 17.45% 3.31% 13.31% 3.08%
Hotel/Motel - - - - 0.14%
Commercial and Office 1.06% 5.57% 1.19% 5.67% 3.16%
Institutional 5.92% 9.800;. 5.53% 9.80% 4.54%
Industrial (extraction) - - - - 1.27"10
Industrial 0.27% 6.61% 0.24% 6.48% 2.73%
Transportation, Communication 25.62% 21.70% 22.57% 21.63% 20.17%
and Utilities
Agriculture - - - - 13.84%
ParkslRecreation 3.09% 10.97% 6.32% 11.00% 5.47%
includes cemeteries)
Wate? 12.42% 7.76% 12.58% 7.76% 5.99%
Vacant4 2.02% 5.19% 1.90% 5.01% 15.24%
100.00% 100.00% 100.00% 100.00% 100.00%
TOTAL ACREAGE 1,383 354 1,383 354 204,602
SQUARE MILES 2.16 0.55 2.16 0.55 319.69
Source: Miami-Dade Department of Planning and Zoning, Research Section, 1998 and 1999
1 Single-family type uses include single-family detached, single-family attached, duplex, zero lot line,
townhouse and mobile home units.
2 Multifamily uses include mobile home parks and migraot carops.
3 Excludes bay and ocean water.
4 Includes government owned, private protected, and private unprotected vacant land.
larger Ojus Area was younger than the County while the Focus Area's population was older. The
percentages in the 20-64 age range, which are the prime wage-earning years, were about the..
same.
In 1990, about 32 percent of all residents in the Focus Area had a college degree, placing them
between the larger Ojus Area (43 percent) and the County (20 percent). About 16 percent in the
larger Ojus area had a high school degree only, compared with about 25 percent in the Focus
Area and 24 percent in the County.
4
anu- a e ounty, , , an
POPULATION oms AREA oms FOCUS MIAMI-DADE CO.
AREA
1980 Population 10,015 2,283 1,625,781
1990 Population 9,594 2,209 1,937,094
1980-1990 Percent Chanl!e -4.20% -3.24% +19.15%
2000 Population (forecast) 10,343 2,382 2,294,751
1990-2000 Percent Chanl!e +7.81% +7.83% +18.46%
2015 Population (forecast) 12,244 2.826 3,024,390
2000-2015 Percent Chanl!'e +18.38% +18.64% +31.80%
RACIALIETHNIC "
COMPOSmON (1990)
White/Other 8,189 (85.35%) 1,741 (78.81%) 614.066 (31.70%)
Black 164 ( 1.71%) 70 ( 3.17%) 369,621 (19.08%)
Hispanic 1,241 (12.94%) 398 (18.02%) 953,407 (49.22%)
AGE DISTRIBUTION (1990)
0-19 2,835 (29.55%) 470 (21.28%) 522,690 (26.98%)
20-64 5,850 (60.98%) 1,319 (59.71%) 1,143.598 (59.04%)
65 and Over 909 ( 9.47%) 420 (19.01%) 270,806 (13.98%)
EDUCATIONAL 6,339 Persons 1,623 Persons 1,218,295 Persons
ATTAINMENT 25+ Years Old 25+ Years Old 25+ Years Old
(Persons 25+ Years Old - 1990)
CoUel!e Graduate 2,739 (43.21%) 520 (32.04%) 240,460 09.73%)
Hil!h School Graduate Onlv 1,039 (16.39%) 411 (25.32%) 296,444 (24.33%)
Table 2
Population Characteristics ofthe OJ us Area, OJ us Focus Area, and
Mi . D d C 1980 1990 2000 d 2015
Source: U.S. Bureau of the Census, Census ofPopuIal1on and Housmg, 1990,
Suromaxy Tape File 4-A, and Population Projections, Miami-Dade County,
Miami-Dade County Department of Planning. Development
and Regulation, Research Section, 1997 and 1998.
Income
Income characteristics of the Ojus Area, the Ojus Focus Area, and Miami-Dade County in 1990 .
are described in Table 3. Both the Ojus Area and the Focus Area were more prosperous :than
Miami-Dade County as a whole. In 1990, the percentage of persons living in poverty in Miami-
Dade County was about four times that of both the Ojus Area and the Focus Area. Median
household income in the Ojus Area was about twice that of Miami-Dade County and 40 percent
higher than the Focus Area. . The percentage of households with incomes over $50,000 was
higher for the Ojus Area than for both the Focus Area and Miami-Dade County.
5
Table 3
Income Characteristics of the Ojus Area, the Ojus Focus Area and Miami-Dade County, 1990
INCOME OJUS AREA OJUS FOCUS AREA MIAMI-DADE CO.
Persons Living in Poverty 385 ( 4.01%) 104 ( 4.71%) 340,573 (17.58%)
Median Household Income $52,791 $37,741 $26,909
Household Income Distribution 3,111 Households 888 Households 692,237 Households
Less than $10,000 156 ( 5.01%) 70 ( 7.88%) 133,212 (19.24%)
$10,000 to $24,999 385 (12.38%) 203 (22.86%) 189,219 (27.33%)
$25,000 to $49,999 889 (28.58%) 361 (40.66%) 213,068 (30.79%)
$50,000 and over 1,681 (54.03%) 254 (28.60%) 156,738 (22.64%)
Source: U.S. Bureau of the Census, Census of Population aod Housing, 1990,
Summary Tape 4-A, Florida, Department 6(Plaoning, Development
aod Regulation, Research Section, 1996 aod 1998.
Housing
Almost 80 percent of all dwelling units in the Ojus Area in 1990 were single-family dwellings,
compared with almost 75 percent in the Focus Area and 55 percent in Miami-Dade County (see
Table 4). The average housing value both in the Ojus Area and in Miami-Dade County was
higher than that of the Focus Area, and the average rent in the Focus Area was the lowest of the
three. The Focus Area had the lowest owner-occupied rate, and the highest vacancy rate. All of
these indicators, particularly the low rate of owner-occupancy and the very high vacancy rate,
suggest that in 1990 the Focus Area was a less stable neighborhood than the larger Ojus Area.
Table 4
Housing Characteristics of the Ojus Area, the Ojus Focus Area
and Miami-Dade County, 1990
HOUSING OJUS AREA OJUS FOCUS AREA MIAMI-DADE CO.
Housing Type 3,508 Units 1,249 Units 771,288 Units
Single-Family' 2,775 (79.10%) 932 (74.62%) 426,959 (55.36%)
Multifamily 733 (20.90%) 317 (25.38%) 344,329 (44.64%)
Average Housing Value $194,500 $74,105 $86,500
Average Rent $506 $391 $422
OWNERS-RENTERS-VACANT
Owner-Occupied 2,715 (77.40%) 524 (41.96%) 375,912 (48.73%)
Renter-Occupied 392 (11.17%) 377 (30.18%) 316,443 (41.03%)
Vacant 401 (11.43%) 348 (27.86%) 78,933 (10.24%)
I Single-family type units include single-family detached, single-family attached, duplex, zero lot line
toYmhouse and mobile home units.
Source: U.S. Bureau of the Census, Census of Population and Housing,
1990, S1lII1ID8l)'Tape File I-A, Florida. Department of Planning,
Development and Regulation. Research Section, 1996 and 1998.
6
TRANSPORTA nON
Roadways
The roadways for which traffic counts are available in the Ojus Focus Area are Miami Gardens
Drive (NE 183/186 Street) and Ives Dairy Road (NE 199/203 Street). These are the major
arterial roadways serving the area.
Miami Gardens Drive is a four-lane arterial roadway under the jurisdiction of the Florida
Department of Transportation. This roadway is operating at Level of Service "F" between East
Dixie Highway and NE 18 Avenue. The Level of Service is a means of measuring the traffic
conditions on a roadway. Level of Service" A" 'i~ free flowing traffic, and Level of Service "F" is
extremely congested traffic.
Ives Dairy Road is a six-lane arterial roadway under the jurisdiction of Miami-Dade County. This
roadway is operating at Level of Service "D" between NE 22 Avenue and Biscayne Boulevard.
Level of Service "D" is defined as high-density, stable flow.
The most important roadway improvement in the area is the planned flyover on Biscayne
Boulevard between NE 199 Street to NE 209 Street, with a grade-separated interchange with NE
203 Street. This project will cost almost $15 million, and is scheduled to get underway in FY
1998-99.
Public Transportation
The Ojus Focus Area is served by one bus route. Route 9 serves the area on Miami Gardens
Drive, W. Dixie Highway, E. Dixie Highway and NE 203 Street. This route runs between the
Aventura Mall and downtown Miami, stopping at the 163 Street Mall. Headways are 20 to 60
minutes, depending on the time of day.
7
PUBLIC FACILITIES AND SERVICES
Water and Sewer Service
The Ojus Focus Area is completely provided with public water service by the City of North Miami
Beach from its Norwood-Oeffler Water Treatment Plant, which has a capacity to treat 17.7
million gallons per day (mgd). North Miami Beach also purchases 22.3 mgd of treated water
from the Miami-Dade Water and Sewer Department (W ASD), giving the City a total treated
water capacity of 40.0 mgd.
Public sanitary sewer service is provided by WASD south of NE 195 Street to serve the
residential and institutional uses in this part of the Focus Area. In addition, private sewer Jines
provide service to the commercial and apartment uses south of NE 179 Street. The rest of the
Focus Area relies on septic tanks for sewage treatment and disposal.
Sanitary sewage disposal is provided by WASD at its North District Waste Water Treatment
Plant located on NE 151 Street just east of U.S. 1. Because of the high degree of interconnection
among W ASD's sewage treatment plants, sewage from the Ojus Focus Area may also be treated
at its Virginia Key or Black Point sewage treatment plants. As a regional system, W ASD has the
capacity to treat 352.5 mgd, and at the present time, approximately 82.4 percent of this capacity is
being utilized, leaving approximately 62.0 mgd for future development.
Schools
There are five public schools that serve the Ojus Focus Area: Virginia Boone/Highland Oaks
Elementary School, located at 20500 NE 24 Avenue; Ojus Elementary School, located at 18600
W. Dixie Highway; Highland Oaks Middle School, located at 2375 NE 203 Street, Michael M.
Krop Senior High, 1410 NE 215 Street, and North Miami Beach Senior High School, 1247 NE
167 Street. Of these five schools, Ojus Elementary is the only one located in the Focus Area.
Elementary students living in the Ojus Focus Area north of NE 196 Terrace attend Virginia
Boone/Highland Oaks Elementary School. In October 1998, this school had an enrollment of
998. The number of Existing Satisfactory Student Stations (ESSS) for this school, established by.
a survey of public schools in Miami-Dade County in 1998, was 636, for a utilization rate of 157
percent. The Enhanced Program Capacity for this school (which takes into account ESSS,
temporary stations in full, including portable classrooms, and all spaces which can be used to
accommodate classrooms regardless of their intended use) was 891 for a utilization rate of 112
percent. Elementary students' south of NE 196 Terrace attend Ojus Elementary School, which
had an enrollment of705, and an ESSS of379, for a utilization rate of 186 percent. This school's
Enhanced Program Capacity was 597, for a utilization rate of118 percent (see Table 5).
9
Table 5
Attendance and Utilization Rates for Public Schools Serving the
O. FArO b 1998
JIUS ocus ea, cto er
December ESSS EPC
1998 Utilization Utilization
School Enrollment ESSS* Rate EPCu Rate
O.ius Elementarv 998 636 157% 891 112%
Virginia Boonel
Highland Oaks 705 379 186% 597 118%
Elementarv
Highland Oaks 2,086 1,234 169% 1,782 117%
Middle
Michael M. Krop 1,475 ~,418 61% N/A N/A
Senior Hi2h
North Miami Beach 3,031 2,405 126% 3,156 96%
Senior Hi2h
Source: Miami-Dade County Public Schools, Attendance Office, 1999
* ESSS = Existing Satisfactory Student Stations
* * EPC = Enhanced Program Capacity
Highland Oaks Middle School had an October 1998 enrollment of 2,086 and an ESSS of 1,234,
for a utilization rate of 169 percent. This school's Enhanced Program Capacity was 1,782 for a
uti1ization rate of 117 percent.
Students in grades nine and ten attend Michael M. Krop Senior High School, which had an
enrollment of 1,475 and an ESSS of2,418, for a utilization rate of 61 percent. The Enhanced
Program Capacity of this school is not yet a factor to be considered because this is a new facility.
Students in grades 11 and 12 attend North Miami Beach Senior High School, which had an
enrollment of3,031 and an ESSS of 2,405, for a uti1ization rate of 126 percent. The Enhanced
Program Capacity of this school was 3,156, for a utilization rate of96 percent.
Parks
Two major parks owned and operated by the Miami-Dade County Park and Recreation
Department serve the Ojus Focus Area. Greynolds Park is a 184-acre metropolitan park located
at 17530 West Dixie Highway. A part of this park lies on the western shore of the Oleta River
across from the Focus Area. This facility contains a great variety of active and passive
recreational facilities, includmg picnic shelters, a nine-hole golf course, a coastal wetland, a lake
and a hammock. Highland Oaks Park, which lies within the boundaries of the Focus Area and
contains the headwaters of the Oleta River, is located at NE 203 Street and 24 Avenue. This is a
39.92-acre community park that includes an unlighted baseball field, an unlighted footbaWsoccer
field, a small recreation center, a volleyball court, a fitness course, and a tot-lot.
10
Fire/Rescue Services and Police Protection
The Ojus Focus Area is provided with fire/rescue protection by the Miami-Dade Fire and Rescue
Department from three fire stations. The Sun Ray Station is located at 17050 NE 19 Avenue; the
Miami Gardens Station is located at 2270 NE Miami Gardens Drive, and the Aventura Station is
located at 2900 Aventura Boulevard. This places all of the Ojus Focus Area within an average
six-minute response time for emergency calls.
The Miami-Dade Police Department provides police protection to the unincorporated portion of
the Ojus Focus Area from its Intracoastal District. In September 1998, the average response time
for emergency calls for this District was 2.5 minutes.
"
Public Libraries
The closest branch public library to the Ojus Focus Area is the Aventura Branch of the Miami-
Dade Public Library System. This facility is located at 2930 Aventura Boulevard. The closest
regional library is the North Dade Regional Library, located at 2455 NW 183 Street. Focus Area
residents also have access to the North Miami Beach public library, located at 1601 NE 164
Street; however, there is an annual fee of $20.00 for all non-residents of North Miami Beach,
which permits all members of a family to use this library.
11
LAND USE AND ZONING
Land Use
Land uses in the Ojus Focus Area follow a normal pattern of residential uses in the interior
bordered by commercial, and in this case, industrial uses.
South of Ives Dairy Road, the predominant use of land is single-family residential, with many
homes fronting lakes and the Oleta River. The major institutional uses in the area are the Michael
and Ann Russell Jewish Community Center and the Hillel Community Day School, both located
just north of Miami Gardens Drive between the Oleta River and NE 25 Avenue. The Focus
Area's major concentration of business and ind~strial uses lies between West Dixie Highway and
the F.E.C. railroad tracks south ofNE 193 Street. Medical offices and a large trailer park also
occupy this part of the Focus Area south ofIves Dairy Road to NE 193 Street between NE 26
Avenue and the West Dixie Highway.
The existing land uses in the OJ us Focus Area are in conformance with the land use pattern
depicted on the "Adopted 2010-2020 Land Use Plan" for this area. The predominant uses ofIand
are Low-Medium Density Residential (up to 13 dwelling units per acre) and Low Density
Residential (up to 6.0 dwelling units per acre). Commercial uses are shown for the major
intersections of Miami Gardens Drive and Ives Dairy Road, and along portions of the West Dixie
Highway. Industrial uses are indicated for the area between the West Dixie Highway and the
F.E.C. railroad tracks in the southern part of the Focus Area.
Zoning
Zoning in the Ojus Focus Area tracks the land use pattern for this part of the County. The area
west of West Dixie Highway is predominantly residential, with zoning running from RU-l
(one-family residence on a 7,500 sq. ft. lot) to RU-4 (apartments at a density of 50 units per acre).
The area's business and industrial zoning lies predominantly between West Dixie Highway and the
F.E.C. railroad tracks. The BU-l (Neighborhood Business) and BU-IA (Limited Business)
zones comprise most of this area. BU-3 zoning (Liberal Business) is found south of Miami
Gardens Drive and IU-l (Light Industry) and IU-2 (Heavy Industry) are found to the north.
13
ATTACHMENT E
.
RESOLUTION NO CC2-08-99
RESOLUTION OF NORTHEAST COMMUNITY COUNCIL 2
ADVISING THE. MAYOR, COUNTY MANAGER AND
BOARD OF COUNTY COMMISSIONERS OF ITS SUPPORT
FOR THE CONTINUING EFFORTS OF TIlE
ENVIRONMENTALLY ENDANGERED LANDS PROGRAM,
THE MIAMI-DADE DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT AND THE MIAMI-DADE
DEPARTMENT OF PARK AND RECREATION TO PROTECT
AND PRESERVE FUTURE PARK LAND AND AREAS OF
NATURAL HABITAT IN '!'HE NORTHEAST COMMUNITY
COUNCIL 2 AREA, PARTICULARLY IN THE OJUS FOCUS
AREA, AS WELL AS ITS SUPPORT FOR THE FUNDING
AND PREPARATION, ON A IDGH PRIORITY BASIS, OF AN
OLETARIVER CORRIDOR MANAGEMENT PLAN
WHEREAS, the Board of County Commissioners by Ordinance No. 96-126 established
Community Councils in the unincorporated area; and
WHEREAS, the Community Councils may at their option perform certain duties and
responsibilities as are contained in that ordinance; and
WHEREAS, at their meeting of June 2, 1999, the members of Northeast Community
Council 2 discussed the need to preserve and protect future park land and areas of natural habitat
in the Northeast Community Council 2 area, particularly in the Ojus Study Area; and
WHEREAS, the Steering Committee for the Ojus Focus Area Study first learned of the
work that has been done by the Environmentally Endangered Lands Program (EEL), the Miann-
Dade Department of Environmental Resources Management (DERM), and the Miami-Dade
Department of Park and Recreation in the Oleta River area at its meeting of February 23, 1999;
and
WHEREAS, Northeast Community Council 2 first addressed this issue at its non-zoning
meeting of April 7, 1999; and
CC2-08-99
Page 2
WHEREAS, the Council has identified a high-priority need for the funding and
preparation of an Oleta River Corridor Management Plan, which will address the problems and
opportunities in the Oleta River Corridor area on a holistic basis,
NOW THEREFORE BE IT RESOLVED THAT NORTIiEAST COMMUNITY
COUNCIL 2 advises the Mayor, County Manager and Board of County Commissioners of its
support for the continuing efforts of the Environmentally Endangered Lands Program, the Miami-
Dade Department of Environmental Resources Management and the Miami-Dade Park and
Recreation Department to protect and preserve future park land and areas of natural habitat in the
Northeast Community Council 2 area, particularly in the Ojus Focus Area, which is defined as the
area from NE 175 Street (boundary with the City of North Miami Beach) to NE 203 Street
between the west bank of the Oleta River (boundary with the City of North Miami Beach) and the .
centerline of the F .B.C. railroad tracks (boundary with the City of Aventura), as well as its
support for the funding and preparation, on a high priority basis, of an Oleta River Corridor
Management Plan.
The forgoing resolution was offered by Council Person Wolf; who moved its adoption
and was seconded by Council Person Benson, and upon being put to a vote the vote was as
follows:
Naomi Benson
William Koppel
Ken Friedman
Aye Victor Pearson Aye
Aye Reynold Stein Aye
Absent Bob Wolf Aye
Chair Caryn Montague Aye
CC2-08-99
Page 3
The Chair thereupon declared the resolution adopted this 2nd day of June, 1999.
I hereby certify that the above information reflects the action of the Council.
JOM Cox, Executive S cretary
ATTACHMENT F
Ojus Area Planning Report
Community Image Survey
Results
The Miami-Dade County Department of Planning and Zoning conducted a Community
Image Survey for the Ojus area at a community meeting on May 3, 1999. Various
members of the public, including residents, businesspeople, and government officials
attended the meeting to begin to formulate a future vision for the Ojus area.
The Community Image Survey utilizes a technique whereby respondents are asked to
note their reactions to particular images of the built environment. A total of sixty slides
are presented showing various streets, buildings, examples of landscaping, and focal
points from within the community and from other communities. Reactions to these
images are made in a numerical format with a range of + 1 0 to -10, with +1 0 used to
indicate the most positive reaction and -10 the most negative reaction.
Following the survey, attendees discuss the images that they viewed and begin to
articulate the reasons that they had responded in a positive or negative manner. Thus, the
community begins to express its desires for how it will be developed in the future.
For the Ojus area, respondents noted reactions showing widely divergent reactions to the
images presented. As an example, for one image showing a median in a residential area
with shady trees, respondents rated the image with an average of 8.53. Another image
showing a blank wall and a parking lot rated an average of --4.11. StilI another image
showing a duplex with a prominent garage rated 0.16.
Following the survey, attendees began to discuss the images. Most expressed a
preference for a pedestrian-friendly, urban development pattern.
The Miami-Dade County Department of Planning and Zoning plans to return to the
community with the survey again in the future to allow others the opportunity to take Part
in the survey. Additional surveys showing streetscapes and compact versus sprawled
development are also planned.
Area Planning Report for the Ojus Focus Area
Community Meeting
May 3,1999
Summary of Community Image Survey Results
Image Average Value
1 3.11
2 -1.58
3 0.16
4 3.53
5 -1.89
6 8.53
7 2.11
8 6.42
9 5.37
10 -2.47
11 2.53
12 5.26
13 -0.68
14 6.42
15 2.32
16 -2.00
17 7.53
18 0.79
19 8.53
20 3.42
21 3.11
22 -0.42
23 2.37
24 -1.26
25 6.63
26 -3.53
27 6.16
28 4.79
29 4.58
30 2.47
Image Average Value
31 3.32
32 5.53
33 0.47
34 -0.11
35 4.74
36 2.26
37 3.53
38 7.95
39 6.63
40 3.26
41 .... 1.95
42 -4.11
43 8.47
44 -1.26
45 0.00
46 0.95
47 4.42
48 5.84
49 8.16
50 6.47
51 0.21
52 3.74
53 -2.79
54 6.74
55 5.79
56 5.79
57 3.89
58 1.89
59 -1.37
60 7.11
AlTACHMENT G
POLICIES OF THE COMPREHENSIVE DEVELOPMENT MASTER PLAN OF
MIAMI-DADE COUNTY IN SUPPORT OF THE OBJECTIVE OF THE
AREA PLANNING REPORT FOR OJUS
The following Objective and Policies of the Comprehensive Development Master Plan of
Miami-Dade County support the objective of the Area Planning Report for the Ojus Focus Area
by promoting the concepts of livability and sustainability. The objective and the policies foster a
development pattern which promotes pedestrian mobility, transit orientation, decreased
automobile dependency, and enhancing a sense of place.
By adhering to these policies, Ojus and other C9.mmunities in Miami-Dade County will realize
the benefit of safer, more aesthetically pleasing places in which to live, work, shop, and visit.
Land Use
Objective 1 directs "the location and configuration of Miami-Dade County's urban growth
through the year 2015 to emphasize concentration and intensification of development around
centers of activity, development of well designed communities containing a variety of uses,
housing types and public services, renewal and rehabilitation of blighted areas, and contiguous
urban expansion when warranted, rather than spraw1."
Land Use Policy lA steers high intensity, well designed urban centers to be facilitated by Miami-
Dade County at locations having high countywide multimodal accessibility
Policy ID "give(s) priority to infill development on vacant sites in currently urbanized areas, and
redevelopment of substandard and underdeveloped environmentally suitable urban areas.
Policy IF promotes "the planning of residential areas as neighborhoods which include
recreational, educational, and other public facilities, houses of worship, and safe and convenient
circulation of automotive and bicycle traffic."
Policy IG requires the County to "vigorously promote implementation of the Guidelines for
Urban Form" (this policy was adopted on October 10, 1997).
Policy IH promotes the "inclusion of a variety of housing types in all residential communities"
Policy 11 promotes the development of business in nodes at major intersections; instead of
continuous strips, and further' requires business developments to be "designed to relate to
adjacent development." .
Policy lK, in particular requires site plan review to consider "urban design, water, and energy
conservation and wildlife habitat."
Policy 4A requires an evaluation of development based upon elements such as "height, bulk,
scale of architectural elements, and landscaping."
potlcy 6A directs the County to "identify, seek appropriate designation; and protect properties of
historic, architectural, and archaeological significance."
Policy 6C directs the County to "seek financial resources to develop, and promote
implementation of management plans for the preservation, protection, and adaptive reuse of
historic and archaeological resources on County property.
Policy 7 A further promotes urban design through amendment to the CDMP. by
"accommodat(ing) residential development in suitable locations and densities which reflect such
factors as recent trends in location and desigp of residential units, projected availability of
service and infrastructure capacity, proximity and accessibility to employment, commercial, and
cultural centers; character of existing adjacent or surrounding neighborhoods; maintenance of
quality of life and creation of amenities. Density patterns should reflect the Guidelines for Urban
Form contained in (the Land Use Element [Adopted Components, pages 1-20 through 1-23])."
Policy 8D directs the County to "continue to investigate, maintain, and enhance methods,
standards, and regulatory approaches which facilitate sound, compatible mixing of uses
Policy 8G promotes a more sensitive building design through "review and revis(ion) of (the
County's) development regulations to promote building designs in multi-family residentil!l
zoning districts which are more compatible with and sensitive to, surrounding neighborhoods,
and to establish minimum densities for development in multifamily residential zoning districts."
Policy 8N promotes the review and revision of the Zoning Code to "facilitate the development of
better planned communities and better designed buildings" (see the Urban Design Guidelines.
Chapter for a description of provisions for change to the land use and development regulations).
With the implementation of these policies, a zoning overlay district may be formulated that is
tailored to.the Ojus Focus Area,
Policy 9A promotes the "facilitat(ion of) high intensity activity areas, mass transit supportive
development, and mixed use projects to promote energy conservation." The inclusion pf a
variety of land uses facilitates the transformation of an area from automobile dependence to . .
pedestrian-friendliness. Implementation of these Policies promotes this type of environment..
Transportation
Transportation Policy IC requ,ires the "adopt(ion of) land use patterns which promote the use of
transit and alternative transportation modes.."
Policy ID directs the County to "provide for a variety of transportation options including bicycle
use and pedestrian travel."
Traffic Circulation
Policy 6F requires "design (of) new roadways in such a manner as to make them compatible with
the surrounding environment, complement adjacent development, :and provide aesthetically
pleasing visual experiences to the user and the adjacent areas."
Policy 2D promotes the grid system of roadways as a network to allow neighborhoods to form
clear boundaries. As with similar Land Use Policies, these policies foster the development of a
more transit-supportive, pedestrian-friendly development pattern. In particular, Housing Policy
2C seeks to "foster a diversity of housing types within areas defined by the County's CDMP."
Housing
Policy 4B of the HousiIig Element seeks to "solicit participation for the community at large in
developing design guidelines for affordable housing, perhaps through local design charrettes
with local architects and potentially affected neighbors and/or community associations."
ATTACHMENT H
NORTHEAST COMMUNITY COUNCIL
(COMMUNITY COUNCIL 2)
A VISION FOR THE OJUS AREA
SUMMARY OF
STEERING AND COM\.1ENCEMENT MEETING
WEDNESDAY, JANUARY 13, 1999
9:00 A.M.
JEWISH COMMUNITY CENTER
STAFMAN LOUNGE
18900 NE 25 AVENUE
MIAMi;: FLORIDA
Miami-Dade County Department of Planning and Zoning Staff Present
Dr. Barbara Falsey, Acting Chief, Community Planning Section; John Cox, Executive Secretary,
Northeast Community Council; Michael Bregman, Senior Planner Northeast Community
Council; Maria Crowley, Principal Planner; Gilberto Blanco, Principal Planner
Team Metro, Northeast Office Staff Present
Suzanne Salichs, Regional Coordinator; Russ Brunetta, Neighborhood Compliance Officer;
Wanda Anthony, Lead Worker
Other County Staff Present
Lee Watts, Aide to Commissioner Margolis; AI Perez, Police Department/C.O.P. Program; Ervin
Smith, Senior Planner Department of Parks and Recreation; Enrique A. Cuellar, Chief of Code
Compliance and Public Hearings, Department of Environmental Resources Management
Others Present
Caryn Montague, Chair, Northeast Community Council; Ducky Singer, Resident; Karen Hodson,
Ojus Elementary, Jewish Community Center; George B. Berlin, Tumberry Association; Ed
Margolis, Prudential Florida Realty
Chair Caryn Montague began the meeting at approximately 9:10 A.M. and thanked all for
attending. She gave an overview of the history of the area and its current condition, conveying
the possibility that the area may decline. She stated that the reason for conducting this meeting
was to formulate a future vision for the area for the year 2026, as composed of more livable
neighborhoods. Attendees int:roduced themselves and stated their interests in the area.
John Cox noted three areaS of study analyzed by a Draft Area Planning Report for Ojus,
including the "larger" Ojus area (bounded by the Miami-DadeIBroward County line on the north,
Miami Gardens Drive on the south, the Florida East Coast (FEe) Railroad tracks on the east, and
NE 18 Avenue on the west), the Ojus "focus" area (bounded by NE 203 Street on the north, the
point where Miami Gardens Drive meets the Oleta River on the south, the FEC tracks on the
east, and the eastern shoreline of the Miami River on the west), and Miami-Dade County as a
Page 2
whole. He then gave a presentation on the distribution of land uses in the larger and focus areas,
population growth, and compared the demographics of the three study areas. He showed how
both the larger and focus areas are wealthier and have higher levels of homeownership than
Miami-Dade County as a whole, but that the focus area lags behind the larger area in both
categories.
Barbara Falsey conducted an interactive neighborhood discussion for the focus area. Members
of the community listed various issues, interests, and concerns including the need to connect both
banks of the Oleta River; opportunities to enhance the business area south of Miami GardenS
Drive, east of West Dixie Highway, including a possible bicycle path; linking different
commercial areas; possibility of enhancing the Oleta River through a riverwalk; the danger and
difficulty of walking and need for sidewalks along West Dixie Highway between Ives Dairy
Road and Miami Gardens Drive; the possibility of converting vacant storefronts into antique
dealers along West Dixie Highway; historic qualities of the Riverdale area; the quality of
development along Biscayne Boulevard in the City of A ventura; the possibility of annexation by
the City of Aventura; the lack of homeowner associations in the Ojus area; the locus of the
Jewish Community Center and Highland Oaks parks as focal points and gathering points for
children; the lack of usage of Ojus park; the need for more community gathering places; the need
. to replace the septic systems with sanitary sewers/problems with contamination of the Oleta
River/the possibility of implementing a special taxing district for sewers; stormwater runoff;
integrating the Environmentally Endangered Lands into the Ojus Planning Report; the possibility
of . utilizing parking lots along the. FEC tracks with more intensive uses; brownfields
development.
Suzanne SaIichs stated Team Metro's purpose in serving the neighborhood and its willingness to
work with property owners to bring their properties into compliance with the Miami-Dade Code
of Ordinances.
Gilberto Blanco and Maria Crowley presented basic principles incorporated into the Urban
Design Manual for Miami-Dade County. They explained the purpose of the Manual in making
neighborhoods more "livable" by facilitating and encouraging people to walk instead of using
automobiles. Concepts presented included the need to provide building facade heights which
vary proportionally to the combined width of the streets and sidewalks, with a ratio of 1: 1 as
ideal; eliminated or reduced building setbacks, parking placed to the rear of buildings,..
interconnectivity of street and block systems, linking neighborhoods together, and providing
open space integrated into neighborhoods, rather than as "leftover" space. .
Attendees posed questions and comments concerning meeting topics. The Chair thereupon
adjourned the meeting at app~oximately 11 :00 A.M.
Respectfully submitted,
~~,-~
John Cox, Ex cutive S retary
NORlHEAST COM1ruNITY COUNCIL
(COMMUNITY COUNCIL 2)
A VISION FOR lHE orus AREA
SUMMARY OF
STEERING COMMlTIEE MEETING
WEDNESDAY, FEBRUARY 10, 1999
8:30 AM ,
JEWISH COM1ruNITY CENTER.
STAFMANLOUNGE
18900NE 25 AVENUE
MIAMI. FLORIDA
Miami-Dade County Deoartment ofPlanniru! and Zonins! Staff Present
Dr. Barbara Fa!sey, Acting Chief, Community Planning Section; 10hn ,Cox, Executive Secretazy,
Northeast Community Council; Michael Bregman, Senior Plsnner Northeast Community Council;
South Florida'Resrlonal Planninsz Council Staff Present
Isabel Cosio,Carballo, David Dahlstrom
Other County Staff Present ,
Lee Watts, Aide to CommissiOner Margolis; AI Perez, Police Department/C.O.P. Program; Wanda '
Anthony, Lead WoIker, Team Metro, Northeast Office
Others Present
Cmyn Montague, Chair, Northeast Community Council; George 1. Berlin, Tuinbeny Association;
Michael 1. Snyder .
, ,
Chair Cmyn Montague opened the meeting and reminded those present that this meeting would be one of .
a series to formulate a vision for the Ojus area. She slso said that the next meetings would be held on
Tuesday, Feb1'U8l}' 23, 1999 at 8:30 AM in the 1ewish Community CenteI's Board Room and TuCsday
, March 2, 1999 at 8:30 AM in the Stafman Lounge.
Michael Bregman and 10hn Cox distributed historical infoimation on the Ojus area from the archives of
the Historical Association of South Florida. included in th~ findings were a wooden automobile
racetrack destroyed in the hunicane of 1916, the train foreman's house, and the original Ojus EletnentmY.
l11e Steering Committee briefly discussed these findings. Dr. Barbara fa!sey agreed to invite ~ple with
historical expertise in the area to the next meeting.. ,
Isabel Cosio Carballo and David Dahlstrom distributed surveys asking for responses on community
images shown by photographic slides. Following the SUIVey, Steering <;:ommittee members ~cussed the
images and how they relate to the community. '
RespectfUlly subtriitted, ,
.
, .
-
NORTHE.A.ST COMMUNITY COUNCIL
(COivTh.:fUl\.'ITY COUNCIL 2)
A VISION FOR THE oms AREA
SUMMARY OF
STEERING CO:MMIITEE MEETING
WEDNESDAY, FEBRUARY 23, 1999
8:30 AM
JEWISH COMMUNITY CENTER.
BOARDROOM
18900'NE 25 AVENUE
MIAMI, FLORIDA
'.
Miami-Dade Countv' Deoartment ofP1anniruz and Zoniruz Staff Present
Dr. Barbara Falsey, Acting Chief, Community Planning Section; 10m Cox, Executive, SecretarY,
Northeast Community Council; Michael Bregman, Senior Planner Northeast Community Council;
Other Countv' Staff Present
Suzanne Salichs, Jim Byers, Team Metro, Northeast Office; Stephen Hofstetter, Environmentally
Endangered Lands
Others Present
Caryn Montague, Chair, Northeast Community Council; Karen Hodson, Ojus Elementary and Jewish
Community Center, David Starke '
Chair Caryn Montague opened the meeting and welcomed those in attendSnce who introduced
themselves. She also said that the next Steering Committee meeting would be held on Tuesday, March 2,
1999 at 8:30 AM in the Jewish Community Center's Stafman Lounge. A community meeting would be
held on Monday, March 22, 1999 at 7:30 P.M in the Stafman Lounge, followed by a van tour of
downtown Hollywood on March 23, 1999.
Ms. Montague then reviewed the previous meeting at which a sample comniunity image survey was
presented by the South Florida Regional PISmiing Council. '
David Starke commented on historical facts about Ojus and distributed photographs from early in the
centuly. ' ' ,
Stephen Hofstetter discussed the Environmentally Endangered Lands' intentions to purchaSe property on
" the PIela River. The Committee discussed environmental conditions in the river. Mr. Cox proposed a
summit to be held on the river, involving various agencies and community groups. Ms. MontagUe
expreSsed the desire to form an Oleia River Committee. Karen Hodson suggested holding a walking tour
of the Ojus area in April. '
i
"!
i
. Respectfully submitted,
~;f_ ~
10 'COx, Executive ecr
A VISION FOR TIlE orus AREA
BUS TOUR OF HOLLYWOOD, FLORIDA
MARCH 23, 1999
Members of the Ojus Steering Committee traveled to Hollywood, Florida to see how a similarly situated
community addressed the issues of urban deterioration and revitalization. The tour was conducted by
Ms. Kim Jackson, Director of the City of Hollywood's Community Redevelopment Agency (CRA).
Attendees toured Hollywood Boulevard, Harrison Street, Young Circle, and Tyler Street, among other
areas. Ms. Jackson provided information about problems and issues of redevelopment and how the CRA
addressed and resolved them.
Steering Committee members present included Caryn Montague, Barbara Falsey, John Cox, Michael
Bregman, Suzanne Salichs, Wanda Anthony, Joel Berger, Ed Margolis, Amy Woerba. Also in
attendance was David Dahlstrom of the South Florida Regional Planning Council.
Ms. Jackson stressed several key points:
1. CRAs are not the only vehicle which a community may utilize to spur revitalization and funding.
These agencies can be costly.
2. In order to establish a community redevelopment area, a tax-increment-fmancing district must be
approved by the jurisdiction's governing body (i.e., Hollywood City Council) and that body must
determine that there is a fmding of slum and blighted conditions. Tax-increment financing utilizes
revenue gained from taxes assessed in a community and uses them for community improvements.
Ms. Jackson then commenced the tour at a mixed-use building under construction on Hollywood
Boulevard and stated that the luxury residential units above the shops were fully leased with a waiting
list. She then conducted the tour down Hollywood Boulevard and Harrison Street, noting the streetscape
improvements along the way.
She also stated that some of the major obstacles to realizing the improvements were City ordinances
which outlawed certain improvements. Special ordinances and overlay zones were created for sidewalk
cafes, awnings, and building coloration. Another problem was code enforcement and persuading
property owners to adhere to the new regulations. Parking presented another difficulty and Ms. Jackson
said that parking was insufficient to meet demand. The CRA is developing other strategies to address the
parking issue, including providing more facilities and instituting shared parking. The cRA is also
seeking to develop higher density housing along streets parallel to Hollywood Boulevard.
Proceeding to Young Circle, Ms. Jackson noted the difficulty in maneuvering an automobile aroUO:d the
circle and confusing signage. However, she also stated that the park in the middle of Young Circle has
become a center of activity and festivals. Ms. Jackson then directed the tour to an area east of Young
Circle and stated that the CRA has commenced efforts to program improvements in the area and to
improve a golf course, perhaps providing other uses on the golf course grounds.
Finally, Ms. Jackson showed current conditions on Tyler Street and noted that these conditions are
similar to those of Hollywood Boulevard and Harrison'Street before improvements. She stated that the
CRA is planning similar improvements for Tyler Street.
A VISION FOR THE oms AREA
SUMMARY OF COMMUNITY MEETING
MONDAY, MAY 3, 1999
7:00 P.M.
JEWISH COMMUNITY CENTER
STAFMAN LOUNGE
18900 NE 25 AVENUE
MIAMI, FLORIDA
Miami-Dade COImtv Deoartment ofPlannine and Zoninsz Staff Present
Dr. Barbara Falsey, John COX; Michael Bregman' .
Other Countv Staff Present
Lee Watts, Aide to Commissioner Margolis;
Other Staff Present
David Dahlstrom, South Florida Regional Planning Council; Kevin Klopp, City of North Miami Beach
Others Present
Caryn MOIItague, Chair, Northeast Community Council; Hank Greenberg, Flora Greenberg, Jerry
Remilland, Bessie Papastoevros, Marianne Bolling, Gary Bomzen, Bob Redman, Tom Reems, Gad Ohana,
Steve Alford, M. Byer, Harry Poulos, Michael Snyder, Javier Accuedo, Mona Lemer, Ed Margolis, Amy
Werba
Chair Caryn Montague began the meeting at,approximately 7:15 A.M. lind th.n"....! all for attending. She
stated that the meeting was part of a process, which began with the'Northeast Community Council's
resolution asking for a planning study to be conducted for the Ojus area. She also said that the goal of the
study was to formulate a future vision for the area for the year 2026, as composed of more liVable
neighborhoods. She then introduced staff members present.
Barbara Falsey explained the process of a community image survey asking attendees to rate images they
would see during a slide presentation on a range of :-1 0 to +10. She then conducted the survey.
Following the survey, Dr. Falsey asked for comments, concerning the images. Attendees noted various
qualities of the images. Common themes included a desire for being able to walk or use bicycles to
comfortably reach destinations, the need for quality landscaping and green SPlice, buildings with aesthetic .
~. value, and safety.
Attendees discussed community needs. Michael Bregman summarized comm~ made on the image.
The Chair thereupon adjourned the'meeting at approximately 9:15 PM.
Respectfully submitted,
\~
A VISION FOR THE oms AREA
SUMMARY OF COMMUNITYMEETING
WEDNESDAY, JUNE 16, 1999
9:00 A.M.
JEWISH COMMUNITY CENTER
ZELTSER BOARD ROOM
18900 NE 25 AVENUE
MIAMI,FLORlDA
Miami-Dade County Deparbnent ofPlannimz and Zoom\! Staff Present
Dr. Barbara Falsey, John Cox, Michael Bregman, Gianni Lodi
Other County Staff Present
Lee Watts, Aide to Commissioner Margolis; Suzanne Salichs, Team Metro Northeast
Other Staff Present
Neil Fritz, Coordinator, Downtown Miami Main Street; David Dahlstrom, South Florida Regional
Planning Council; Linda Stanic, North Miami Beach Chamber of Commerce
Others Present
Caryn Montague, Chair, Northeast Community Council; Bob Redman, Tom Reems, Gad Ohana, Ed
Margolis, Anthony Rogers, Rex Rogers, Dennis Gavagni, Harry Poulos, Susan Fried, Tom Baker, Amy
Werba
Chair Caryn Montague began the meeting at approximately 9: IS A.M. and thanked all for attending. She
stated that the pwpose of the Steering Committee is to develop a vision for the Ojus area. She then
reviewed past activities of the Ojus Steering Committee including meetings and a van tour of Hollywood
Florida. Next, she introduced staff members present.
Ms. Montague then introduced Neil Fritz who gave a presentation on Main Street and what a Main Street
program can accomplish. Mr. Fritz explained the four areas of focus of Main Street: Promotion, Design,
Economic Restructuring, and Organization. Following his presentation Mr. Fritz answered questions from
attendees.
The Committee the discussed the benefits of receiving a Main Street designation.
Ms. Montague stated that the next meeting of the Steering Committee would concentrate on the Draft
Planning Study for the Ojus Focus Area. .
The Chair thereupon adjourned the.meeting at approximately 10:50 A.M.
Respectfully submitted,
~~rdinator
ATTACHMENT I
~cad <I'~<JUnfy ~~
METROPOLITAN DADE COUNTY-FLORIDA
'tNATOR GWEN MARGOLIS
CHAIRPERSON
METRO-DADE CENTER
111 N. W. FIRST STREET. SUITE 230
MIAMI. flORIDA 33128-1963.
(305) 375-5128
June 20,1999
Ms. Caryn Montague
Chair, Community Council 2
13899 Biscayne Boulevard
North Miami, FL 3381
Re: Letter of Support for Ojus Grant
Dear Caryn:
I am very happy with the work of the Ojus Sterring Committee and the draft of the May 1999
Planning Study distributed this past week by the Department of Planning and Zoning. The
progress and input from the businesses and residents has been most valuable.
There appears to be community support for this study, and the vision for the future of Ojus looks
very bright. We want to continue building consensus among the people who live and work there.
I am available for any support I can give to make this a reality.
.
Gwen Margolis
Chairperson
01/03/1995 22:32
3059316781
PAGE 05
08.' H,'99 FRI 18: S~ FAX 30Sn~B~T8
TEAM METRO
ATTACHMENT J
'3/0-78 I
14!1 DOl
18 Juae 1!l!l9
Cal'1D E. Montll!:ue, Cbalrpel'loa
Commualty CauDell Area 02
13899 Biscayne Boalevard, Suite 110
Miami, FlOrida 33181
n,ar Chairperson Montague:
I am excited to be pan of tbe Ojua Plannh1!: Slady Committee and look forward to
Collaboratiae on tbe revftalizalioa aad Pedn'elop'meal of thi! CDIIIDluaity_ I belia"e lbe
pannel'lhlp batweall Team Metro, olh,r acencJes, th, retldenu and th, merchaals or OJus
is a winning combination. Togetber throulh Oar brainstormine, plaDDlag, outreach,
caforc,maDt and support ,rrorb We can malu OJlLS beautiful!
As "'e discussed on Wednescfay, I '''lend to requell, tllrOUlh my depanmenl, that om.e
space be..,t aside in our new loeatioa for a "preSentafive of this Sllldy.
Agaia, I aln most pl....d to be part or Ih... partnership ullder your tutelage.
Sincerely,
Suzanne Salicbs
Regiollal CoordiaRtor
DRAFT
01/03/1995 22:32
3059316781
ATTACHMENT K
OjU5 Elementary School
18600 West Dixie Highway
North Miami Beach, FI.33180
Telephone: (306) 931-4881 Fv:: (306) 933.a92
PAGE 04
Dr.JoeM. FriOClm."
Pmr:lpel
Rgg.r c. CUev..
_ Buperlnt.ndalll
M.m~D.d. coll'lly Pull/Ie Schools
'.
"".Lao Mourlllo
A_l'II Pllnolpol
June 18. 1999
Honorable Caryn Montague
North East Community Council 2
13899 Biscayne Boulevard - Suite 110
North Miami Beach. Florida 33181
Re: OjU! Area Study
Dear Councilwoman Montague:
I want to thank you for continuing to keep Ojus Elementary School apprised of and
Involved v.flh the progress of the Ojus Study. I feel the partnership of the school with the
businen community and residents to be an importsnt factor in the succeas of any
neighborhood.
The excitement concerning the preservation of the Olets River corridor. and the possible
use of resoul't8$ to ecIUC81S our studems concerning ecological matters, has the potential
to:
. create 8 community sensitiVe to environmental issues.
. create an ecological classroom environment outside the school setting.
. foster a respect for preserving natural resources for the future.
We look forward to continuing our working partnership with concerned citizens. like
yourself. in revitalizing the Ojus community.
Please feel free to contact me at (305) 931-4881 If I can be of any assistance to you
_ . regarding school related matters.
Have an enjoyable summer and full s~eam ahead with the project.
Ii
ATTACHMENT L
FROM ~/JCC EXEC. OFFICE
~g.,~~,~':~CT't
-..~
lIJW:'llTrii-o.u............
TU.lfrD&ua:l.a.ca.v.*I'I cun... .O,wD
to.....O"IIfUaOllJl
~l'IrtQ.isn.va.,.,.-...ral'Ht
:;;.'i~"'_T
'f~.GI.uwrn
=~et.m.u.
~r:~tlI
....~Dna.ol'MClCT
--
:;;;;-o-~~~-rtNC
=::=
~L~
===
'D"ll.DIfll\l
...".s"'"'
~mT.rMC"f.
~'VDV& 1JrM.u.evtJJn'
WIUlN(L.IlGWI;"'.
--
~-
~~
..............
"""t.'...."""""".
=a.i::c","",,'lMD
evAWlGlJel
0.."'&<111100'1'-
,......,.....
c....y'fllGl'.1'D4.t.Ha
.....".. .......
-ClI'U:'I'OE.a'*rPf
JClDIlIICA\WII...
~'nU..IUllIOIC.Z'I
~T~l'rt'I-
~t...'m'Z
al.1tO.nT'''''~.
''''''''''
......~LIID.J'IILD
................,
~
=.~
~wo.....
-=
.
e'-.........
1ICJN::ll''''~AL
~~\f"a
......~
~JIQ'om...arr
"'T_
UU'V!WI DINCroa.
Q.MYJ.~MIW
=;'~.PWQ'Ot
j.~
...,.................""u.UIlW',...
c~.,ftNTU II.. IblP'J<IAJI"
..cfooCl 011 TMC C&olI'.1 .......,
II\I"IINJIOC&A1'\OoI,''''U.YCD\oVR
Of llll.Cl1 (OU_'. ...0 Aa.w.,.
1.>11 r.(.....s...cooo,wu..ny
c"'"".latwxtj,lION.
FAX t;O. :
Jun. :2S 1999 12:SlaPM Pl
-.
M I C H A E L ~ b. N"N R u SSE L L
J.WISH CO"~,.~i"'i'TY C"NT.II
:.;F,-'~'~' _"_ ..~...
4i~5:S ~,~ ""A:i:~ .~tw~'~.~7;
..... - .e.ltla;.(.:;:_
1l)9OQ N.l, 25TH A"'I,...U( . NORTH MII\MI 8fKf1.,.. )lIl!IlJ . f.~ I '
TEL. 13b51912.<4lDO . f"u (.10$) Ill'."?) . f.(iCt.itP/e M~ ~~~r~:~:~~~NO.COM
June <4, 1999
Hon. Caryn Montague, Chairperson
Community Council 2
13899 Biscayne Boulevard #110
North Miami Beech, Florida 33181
Dear Caryn:
We are very happy to assist In the wcrk of the Ojus Steering
Committee In the revitalization of our neighborhood. The Ojus
Community Is a wonderful business district and many of our members
reside in the ares. The additionsl efforts to concentrate on our river
property is a bonus!
As a community Center, ..... are glad to continue hosting committee
meetings at the Michael.Ann RU$SElll Jewish Community Center.
The MiChael-Ann Russell Jewillh Community Center will continue to
open Its doors to the residents of the Ojus neighborhood. We remain
open to lM1atever assistance we can lend In supporting grants and
programs to ensure a successful end re.ull.
Thank you for includIng us in the process.
Warm regards
GaryJ.B9 z9,.~
Executive Director
Gjb/rw
L/Hl/1995 2El:24
3El59::
ATTACHMENT M
-
Unique neighborhood
Council seeks cohesiveness for Ojus
"-"l"'~
MinllfN.. Om.
~ % t:e. II Uk. I&kIn, a "'''"
~'. tile batber U10p, ~ the eo"'"'=LaI corrWCe ~
Jli=aJoiDclA4t11e.;arllftle- Wal Dixie HiIb..,1II4 IU
pIaa:I new ll'eI')tCldy bOWl wte:Il baD1:r r:I De Ok'ta River,
)'aUI ume. 1'bcre tlI dle 0Q00 'MWhal', .Ila~ed ovC"lM"
IlCfY 1I01ll1lS IIlmIlllldcd tly yean; Yr'!tlI 10 m1lC!l deve."
IlIlj~ Yep!at!O.ll I.lld the et&- mall, U t.b.u OJua ba 1I';tnI1II
J:lICQtaly aC:Iloal mat'. tlccll then '" lrreau1u &lid antIe YfI'J,"
f<x"1IIO:I t!wl.\'CI1 ,,-~s, llie! N:a'l Wcrtll, MIIIclat 0(
AAe! lhe t!lllnl'. 111. Olela Fri=4ac:lmeOlCcIXlvtrwl
kivl!' - utunl lraasure III 17?U1 Ojll.l realdm. "Wire
Dead or ~;..I'll1,Acl ~ ~ to briq ~YIlIClIIIO
1l'.1UlJlriaIll& ee- ~ t:~ the .~ or tile are&." .
OjllS Ilelabbodloocl hu OjllS hu bee &nlIIIld ~
able co IIII'Ybe wilh bllStllill tlI", mClll ~lahbOitroodlh
Avelltura &lid North Niaml Dade.IIIIZI~lWIItdlA
Be.aCla u lea a.elabbon. 1191 -by . farmer Deed AlberS .
Eh/l U de~ look for Filcll, ~ Is. SeombaIe IdIu
~~ more lI1ep. "Wd.fClf ~f)'." .
mate" I.lld ll&te.Clt. A1~ IU ecw pl'~"i'll
lllNit toO ~ .. "V'- ItucIy II Ii kI ClI.rb ~ lOIII.
dale lhe sroWla populatiOIl, P.'otIlnu "ftlId~ "Ive bee:tI"
a:laIe .Ilan llalted to realize ldeotifted. After ~. ~
tIlCl'l'. . ~ to look at Ill. or tile InII, T-= ~ IoulIil
~'. f\Irun tl&lfi~ devdOJ> _YCrII CICIiSoeator I ~
m811lllld IIIYin:Iazz1etal !IeedI. tl~ hldll4lu . or ~
Melllbers of, Colllllllmll) I.lld llIll: ~d11Cla. 1Ilat, wh=
t'OIIDCi12 uyelClrtlld 10 cloJIlIt Ib C&ll "'''1!IcI1!lI:l balliif)'
I!lal. ' , t!le "'" &l' ~ 1 b......1
"We're Ityilll to flll4" OUI "We Wi'IlIlIllIllotr lblb wIla
when thh II'DI or Nocthcq CI,II be doDe t; beftet tIIeIt...
Dade CIlI be IA lk DeZI ...i1Log.. mll!llt1lO ~'ll lib IIricIlIIll
zUWII,"lIId CCJD NOIllqu., their ~.1I1S IlufbUi.
CI:lWldI daInL ~~ --.'" ia1d SUZWIe Idld!:r.
Tbe~', "lIIect1q b 9 IIIIGtIII ~ lilt N~
LIII. 1 II die llIl~AIID aut Tea MlIlnI.
RlIIMiI ..w.ColDlIIllaltyClm- o.e ~'.Iot aa;re. ~
ter,IUOONB2~AY~ ,the ~ alOjlll bow__
"Tl!I La till CIOllIlDlIZIi~'. t!&ey doB'I tlut.
~It,y to!llva IlIelr cdJeo. :.q1ll baa I Y1vi41:11d =I<<ftlI
liVll ~-~Td IIId lbererore ~. adSlt....,~~..,~..a
1la...._~.hIl;&ct all ..1wIt J1a~ d:iibtl':"'o.n'._a........:.. ~.
~"IiCQ~lIId." "'4...............
. O)ua Ja ~'~4ed by ClouAey ~ Ii _ I!Ie ~ CIOr1IICl'Ill
UZlii lLIId CllIIIle ~ llIiaml ~ 0,j1Zl tGr I!Ie ~ 20
Cl:ar6ell.a Dri... c. thG 1OVth. ~ HI aiUed: .We cICIQ'I .
NcrU.al11lh AWIlIlll c.l!le" ......\ ~ CJ:-p 0< Jof~n-.,,,,.
"atllld llle Florida !.ul Cc.sI be:re. I doll'l wu\ . ~Jbe I
ral1n.d trII:b 011 1M ~ ne Dezllo -. Thb 1.t' ,~
J .............. l.o'__._..~ ~.latZIcrIuOWll,"
~7~~-:;'~~...~!.!.~~,..: .. .._ .'
-.. ---..
--..... ............
PAGE Ell
~
-
.. .'
tI
Ronald L. Book, P. R
lAW orrlw
P~Of[lIIOOOI 0110[101100
March 10, 2000
Mr. Eric Soroka
City Manager
City of A ventura
2999 NE 191st Street 5th Floor Aventura, Florida 33180
Dear Eric:
Enclosed is the proposed amendment for our Eminent Domain Bill. I have forced Associated
Industries, Bell South, and the Florida Small Business Association to go back to June 1, 2003 on the
Sunset. This Bill will be heard in its one and only Senate Committee this next week and should be
ready to go to the Floor quickly thereafter.
Please call me with any questions.
Ronald L.
RLB:kr
SIGNED IN THE ABSENCE OF
[oncorde [enler 2 2999 northealt 191111eel, p~ 6 - Avenlura, flonda lJI80 - lelep~one(Joj) 9lj-1866 - [ax (30j) 9Jj97JJ
101 [~itColle'le Avenue, luitej02 lall~~allee, flolld~ 32JOI - (8jo) 22\-28j9
MAR-10-2000 15:33
FL BUSINESS NETWORK
904 425 5184 P.02
Jv...x 3>
Section 2. Effective Ja~~l. 2001. subsection 1111 of section
166.411 shall be repealed eor actions not filed by that date. Actions filed
pursuant to section 166.411(111 prior to ,~'--y 1, 2001 shall not be
affected by repeal of the subsection. A ~
Ju.IJe ~
Effective January I. 2003. subsection (II) of section 166.411 shall be repealed provided
that eminent domain actions filed pursuant to section 166.411( II) prior to January I.
2003 shall not be affected bv repeal of the subsection.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:
DATE: March 16, 2000
SUBJECT: Right-of-Way Ordinance
At the last Commission Meeting, at the request of Commissioner Jeff Perlow, the
Commission placed on the Workshop Agenda, the discussion of drafting a proposed
Rights-of-Way Ordinance utilizing portions of the defeated Telecommunications
Franchise Ordinance.
Attached is the defeated Telecommunications Franchise Ordinance.
At a minimum, a Right-of-Way Ordinance should address the following sections:
Section 5
Section 7
Section 8
Section 10
Section 12
Section 13
Section 14
Section 15
Fees
Underground Installation Relocation
Use of Rights-of-Way
Compliance With Other Laws
Insurance; Surety; Indemnifications
Security Fund
Construction Bond
Enforcement Remedies
The City Attorney or our Telecommunications Legal Specialist should be consulted on
the issue whether companies utilizing our rights-of-way should be required to obtain a
Franchise Agreement.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0853-00
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR MUNICIPAL OWNERSHIP OF A
TELECOMMUNICATIONS SYSTEM; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has determined it is in the
public interest of the City to permit the placement of one (1) or more Telecommunications
Systems or Facilities in the Public Rights-Of-Way of the City; and
WHEREAS, it is the intent of the City Commission to encourage competition by
providing access to the Public Rights-at-Way to the City on a nondiscriminatory basis; and
WHEREAS, Section 364.0361, Florida Statutes, requires that a local government
treat Telecommunications Companies in a nondiscriminatory manner when exercising the
authority to grant franchises to Telecommunications Companies; and
WHEREAS, it is the intention of the City Commission to recognize the interests of
Telecommunications Service Providers to install their facilities in Public Rights-at-Way as a
means of promoting the use of such technology for the good of the people of the City; and
WHEREAS, it is the intent of the City Commission to exercise the City's authority
over the access of Telecommunications Service Providers and their occupancy of the
Public Rights-Ot-Way; and
WHEREAS, these policies are in complete accord with both the letter and the spirit
of the Communications Act of 1934, as amended; and
WHEREAS, the enactment of the Telecommunications Act ot 1996, amendments to
applicable statutes of the State of Florida and developments in telecommunications
technology and services have resulted in an increase in the number of persons certified by
the Florida Public Service Commission to provide Telecommunications Services; and
WHEREAS, various Telecommunications Service Providers have requested the right
to occupy the Public Rights-Of-Way of the City for the purpose of installing, maintaining and
operating Telecommunications Systems or Facilities; and
WHEREAS, it is the City's intent to treat each Telecommunications Service Provider
adopt reasonable rules and regulatio(1s to the fullest extent allowed by Federal and State
on a com etitivel neutral anO nondlscrimlnato basis in granting telecommunications
.~
. ordinllnCO,
uniC01lon'
1010001'1'I1'1'I DefinitiOn"
..ollon S,
2
For the purpose of this Ordinance, the following terms, phrases, words and
derivations shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number
include the singular number, and words in the singular number include the plural number.
The words "shall" and ''will'' are mandatory, and "may" is permissive. Words not otherwise
defined herein or in any franchise agreement that might be granted hereunder shall be
given the meaning set forth in the Communications Act of 1934,47 U.S.C. a 151 et seq.,
and as that Act may hereinafter be amended (collectively the "Communications Act"), and,
if not defined therein, as defined by Florida Statute; and, if not defined therein, be
construed to mean the common and ordinary meaning.
A. "Affiliate" means any person who directly or indirectly owns or controls any
part of a Franchisee, any person which a Franchisee directly or indirectly, in whole or in
part, owns or controls, or any person under common ownership or control with a
Franchisee.
B. "City" means the City of Aventura, an incorporated municipality of the State
of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.
C. "Franchise" means the permission granted by the City to a Franchisee in a
Franchise Agreement to construct, maintain, operate and use Telecommunications
Facilities in the Public Rights-Of-Way within the Franchise Area. The term does not include
any license or permit that may be required by this Ordinance or other laws, ordinances or
regulations of the City for the privilege of transacting and carrying on a business within the
City or for disturbing or carrying out any work in the Public Rights-Of-Way.
3
D. "Franchise Agreement" means a contract entered into in accordance with
the provisions of this Ordinance between the City and a Franchisee that sets forth the
terms and conditions under which the Franchise will be exercised.
E. "Franchisee" means any person granted a franchise pursuant to this
Ordinance who has entered into a Franchise Agreement with the City.
F. "Grantor" shall mean the City of Aventura.
G. "Gross Receipts" shall mean all cash, credits or property of any kind or
nature without deductions, reported as revenue items to the Franchisee's audited income
statements arising from, or attributable to the sale, lease, rental, barter or exchange of
Telecommunications Service and equipment by Franchisee within the Franchise Area or in
any way derived from the operation of its Telecommunications Facility including, but not
limited to, any interconnection between the Franchisee's System and any system
whatsoever. Unless otherwise expressly prohibited by applicable law, the sum shall be the
minimum basis for computing the gross receipts on Recurring Local Service Revenues
imposed pursuant to any Franchise granted in accordance with this Ordinance and the City
reserves the right to amend the definition contained herein as permitted by applicable law.
H. "Law" means any local, State or Federal legislative, judicial or administrative
order, certificate, decision, statute, constitution, Ordinance, resolution, regulation, rule,
tariff, guideline or other requirements, as amended, now in effect or subsequently enacted
or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. 8 151 et
seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104-1048 101(a), 110
Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations
4
issued by the Federal Communications Commission or the governing State authority
pursuant thereto.
I. "Person" means any individual, corporation, partnership, association, joint
venture, organization or legal entity of any kind, and any lawful trustee, successor,
assignee, transferee or personal representative thereof, but shall not mean the City.
J. "PSC" means the Florida Public Service Commission.
K "Public Rights-of-Way" means the surface, the airspace above the surface
and the area below the surface of any public street, highway, road, boulevard, concourse,
driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock,
bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, public place, or
any other property in which the City holds any kind of property interest or over which the
City exercises any type of lawful control. "Public Rights-of-Way" J!shall not include any
real or personal City property except as described above and shall not include City
buildings, fixtures, and other structures or improvements, regardless of whether they are
situated in the Public Rights-Of-Way.
L. "Recurring Local Service Revenues'JI:" means revenues from the monthly
recurring charges for local service, including but not limited to (1) recurring basic area
revenues derived from the provision of flat-rated basic area services; (2) recurring optional
extended area revenues derived from the provision of optional extended area services; (3)
local private line revenues derived from local services which provide communication
between specific locations, either through dedicated circuits, private switching
arrangements, predefined transmission paths, whether virtual or physical, or any other
5
method of providing such services; (4) revenues derived from charges for access to local
exchange facilities, except as provided herein; and (5) other local service revenues from
the provision of secondary features that are integrated with the telecommunications
network, including, without limitation, services such as call forwarding, call waiting, and
touchtone line service. Except as provided herein, revenues from all recurring local
services provided by a Franchisee over a Telecommunications Facility or System in the
Public Rights-of-Way shall constitute recurring local service revenues subject to this
Ordinance. Recurring local service revenues do not include revenues from (1) toll charges
for the transmission of voice, data, video, or other information; (2) access charges paid by
carriers for origination and/or termination of toll telephone service as defined in Section
203.012(7), Florida Statutes, or other charges required by the Federal Communications
Commission which are directly passed through to end users; (3) interstate service; (4)
ancillary services such as directory advertising, directory assistance, detailed billing
services, inside wire maintenance plans, bad check charges, and non-recurring charges
for installation, move, changes or termination services; (5) cellular mobile telephone or
telecommunications services; or specialized mobile telephone or telecommunications
service; or specialized mobile telephone or telecommunications services; or specialized
mobile radio, or pagers or paging service, or related ancillary services; (6) public telephone
charges collected on site; (7) teletypelM'iter or computer exchange services as defined in
Section 203.012(6), Florida Statutes; or (8) local message rated (message, unit or time
basis) and minutes of use charges in excess of the minimum flat-rated charges for similar
services.
6
M. "Telecommunications Company" has the meaning set forth in Section
364.02(12), Florida Statutes, as amended. The term "Telecommunications Company"
does not include an open video system.
N. "Telecommunications Service" shall include, without limitation, local
service, toll service as defined in Section 203.012(7) Florida Statutes, telegram or telegraph
service, teletypelNl"iter service, private communication service as defined in Section
203.012(4) Florida Statutes, or any other provision of two-way communications services to
the public for hire. "Telecommunications Service", as contemplated herein, does not
include the provision of service via an open video system, which shall require separate
authorizations from the City.
O. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined herein, through the use of a Telecommunications
Facility.
P. "Telecommunications Facilities" "Facilities#' or "Systems" means cables,
conduits, converters, splice boxes, cabinets, hand holds, manholes, vaults, equipment,
drains, surface location markers, appurtenances, and related facilities located, to be
located, used, or to be used, by the telecommunications provider in the Public Rights-Of-
Way of the City and used or useful for the transmission of Telecommunications Services.
Section 3. Grant of Franchise.
A. Unless otherwise authorized by applicable law, it shall be unlawful for any
person to construct, maintain or operate a Telecommunications System or Facility upon,
along, under and over the Public Rights-Of-Way without having obtained permission in the
7
form of a Franchise from the City Commission pursuant to this Ordinance or other such
Ordinance of the City as may be applicable.
B. Application for a Franchise. In order to obtain an initial or renewal franchise,
a Telecommunications Service Provider must apply for a franchise. The application must
contain the following information, and such information as the City may from time to time
require.
(1) Identity of the applicant; the names of the person or persons
authorized to act on behalf of the applicant with respect to the application, and the
Franchise when granted; the persons who exercise working control over the applicant;
(2) A proposal for construction of a telecommunications facility if
any, that sets forth at least the following:
(a) For purposes of determining the fee structure applicable
to the Applicant under Section 337.401, Florida Statutes, and this ordinance a description
of the services that are to be provided over the Facility.
(b) The location of proposed Facility and facility design,
including a description of the miles of plant to be installed, where it is to be located, and the
size of Facilities and equipment that will be located in, on, over, or above the Rights-Of-
Way.
(c) A description of the manner in which the System will be
installed, the time required to construct the System, and the expected effect on Rights-Ot-
Way usage, including information on the ability of the Rights-Of-Way to accommodate the
proposed Systems, if available. Also, if appropriate given the System proposed, an
8
estimate of the availability of space in existing conduits and an estimate of the cost of any
necessary rearrangement of existing Facilities shall be included. Such plan shall include
the timetable for construction for each phase of the project, and the areas of the City which
will be affected.
(d) In the case of a Telecommunications Service Provider
converting its facilities and seeking a new franchise to offer other services, a description,
where appropriate, of how services will be converted from existing Facilities to new
Facilities, and what will be done with existing Facilities.
C. The City may request such additional information as it finds reasonably
necessary to review an application, and require such modifications to the system proposed
as may be necessary in the exercise of the City's authority to manage its Rights-of-way.
This section does not authorize the City to exercise authority it does not otherwise have
under applicable law. Once the information required by the City has been provided, the
application shall be promptly reviewed, and shall be granted if the City finds that:
(1) The applicant accepts the modifications required by the City to its
proposed system or facility, if any.
(2) The applicant enters into a franchise agreement with the City, under
which applicant shall agree to comply with the City's reasonable regulations of its Rights-of-
Way, including but not limited to the fees for use of those Rights-of-Way.
(3) The Applicant shall comply with any conditions precedent to the
effectiveness of the Franchise Agreement.
D. Upon execution and City adoption of a Franchise Agreement, a
9
Telecommunications Service Provider is granted a non-exclusive Franchise solely to
construct, maintain, and operate Telecommunications Facilities necessary for the provision
of Telecommunications Service upon, along, under, and over the Public Rights-Of-Way of
the City. For any other use of the Telecommunications Facility, a Telecommunications
Service Provider must obtain authorization from the City, unless the City is expressly
prohibited by applicable law from requiring such authorization.
E. Any Franchise Agreement executed pursuant to this Ordinance will
incorporate by reference all the terms and conditions of this Ordinance. A Franchise
granted hereunder shall not be construed to convey title, equitable or legal, in the Rights-
Of-Way of the City. The grant of rights under a franchise is only the personal right to
occupy the Public Rights-Of-Way for the purposes and for the period stated therein.
F. Failure to comply with this Section shall constitute a material violation of the
Ordinance and shall subject the Franchisee to the appropriate Enforcement Remedies
including revocation of the Franchise.
Section 4. Terms and Limits of Franchise.
The Grantor may grant a non-exclusive Franchise for a period not to exceed ten (10)
years. For purposes of this Ordinance, the Franchise Area shall constitute the entire area
within the legal boundaries of the City and such other areas as may hereinafter be annexed
or incorporated by the City during the term of the Franchise.
~ction 5. Franchise Fee Payments.
A. In consideration for the rights, privileges and permission granted herein, a
Telecommunications Company subject to a franchise granted hereunder shall pay to the
10
City annually a sum equal to one percent (1%) of Gross Receipts of the Franchisee on
Recurring Local Service Revenues for services provided within the corporate limits of the
City. Included within such one percent (1 %) maximum fee or consideration are all taxes,
licenses, fees, in-kind contributions accepted pursuant to Florida Statute 337.401 (5), and
other impositions except ad valorem taxes and amounts for assessments for special
benefits, such as sidewalks, street pavings, and similar improvements, and occupational
license taxes levied or imposed by the City upon a Franchisee. In the event that applicable
law currently permits or is amended to permit the City to collect a Franchise fee higher than
1 %, or permits the City to calculate the Franchise fee on revenues not specified herein, the
Franchisee agrees to automatically increase its Franchise fee payments to the City to that
higher amount on the effective date of such law. In the event applicable law is amended to
require the City to collect a Franchise fee lower than the current statutory limit, the City
shall take all necessary steps to conform the requirements hereof to applicable law. All of
the aforestated payments shall be made to the City quarterly or as may otherwise be set
forth in a Franchise Agreement, with such payments made within thirty (30) days following
the end of each calendar quarter. Payments received after the 31st day shall be subject to
interest and late charges of 1 0% per month.
B. In the event a Telecommunications Company provides Telecommunications
Services defined as toll services in Section 203.012 (7), Florida Statutes, as a condition for
granting permission to occupy or use the Public Rights-Of-Way of the City, the Franchisee
shall pay to the City annually no less than five hundred dollars ($500) per linear mile of any
cable, fiber optic, or other pathway that makes physical use of the municipal Rights-Of-
11
Way. Any fee or other consideration imposed by this subsection in excess of Five Hundred
Dollars ($500) per linear mile shall be applied in a nondiscriminatory manner and shall not
exceed the sum of:
(1 ) Costs directly related to the inconvenience or impairment solely caused
by the disturbance of the municipal Rights-Of-Way;
(2) The reasonable cost of the regulatory activity of the municipality; and
(3) The proportionate share of cost of land for such street, alley or other
public way attributable to utilization of the Public Rights-Of-Way by a Telecommunications
Service Provider.
The fee or other consideration imposed pursuant to this subsection shall not apply in
any manner to any Telecommunications Company which provides Telecommunications
Services as defined in Section 203.012 (3), Florida Statutes for any services provided by
such Telecommunications Company.
C. In the event a person provides Telecommunications Services other than as
defined in Section 203.012(3) or (7), Florida Statutes, as a condition for granting permission
to occupy or use the Public Rights-Of-Way of the City, the Franchisee shall pay to the City
annually no less than five percent (5%) of gross revenues of the Franchisee for services
provided within the corporate limits of the City unless otherwise prohibited by law, in which
case, Franchisee shall pay the maximum fee allowed by law. For purposes of this
Subsection, ogross revenuesO shall mean all cash credits or property of any kind or nature
without deductions, reported as revenue items to the Franchisee's audited income
statements, arising from, or attributable to the sale, rental, lease, barter or exchange of
12
Telecommunications Services and equipment by Franchisee within the Franchise Area or in
any way derived from the operation of its Telecommunications Facility including, but not
limited to, any interconnection between the Franchisee's Facility or System and any system
whatsoever. This minimum annual Franchise Fee is in addition to any other application
fees, renewal fees, transfer fees, and any State, county or City taxes or assessments. The
franchise fee specified herein is the minimum fair market value for the grant of a franchise
for use of the Public Rights-Of-Way, including all public easements, and other entitlements
to use, occupy or traverse public property, for the purpose of operating a
Telecommunications Facility.
D. Unless otherwise prohibited by Federal or State law, if Franchisee makes
payments to another jurisdiction in Florida at a higher rate or on a broader base of gross
receipts during the term(s) of agreement entered into with the City, the Franchisee agrees
to pay to the City such higher amount, effective on the date Franchisee makes such
payments to another jurisdiction.
E. Except to the extent prohibited by applicable law: (a) The franchise fee
payments to be made pursuant to this Section shall not be deemed to be in the nature of a
tax; (b) Such franchise fee payments shall be in addition to any and all taxes of a general
applicability and not applicable solely to Telecommunications Services within the City or
other fees or charges which a Franchisee shall be required to pay to the City or to any
State or Federal agency or authority, as required herein or by law, all of which shall be
separate and distinct obligations of a Franchisee unless prohibited by applicable Federal,
State or local law; (c) a Franchisee shall not have or make any claim for any deduction or
13
other credit of all or any part of the amount of said franchise fee payments from or against
any of said City taxes or other fees or charges of general applicability wtlich a Franchisee is
required to pay to the City, except as required by law; and (d) The franchise fee specified
herein is the minimum fair market value for the grant of a franchise for use of the Public
Rights-Of-Way, including all public easements, for the purpose of operating a
Telecommunications Facility.
F. Except as prohibited by applicable law, in addition to the aforestated franchise
fee, a Franchisee shall reimburse the City for all reasonable costs including, but not limited
to, consultant costs, attorney's fees, accounting fees, and engineering fees related to the
grant, modification, transfer, or renewal of any Franchise granted hereunder. Therefore,
upon submission of a request for the grant of a Franchise Agreement or the renewal of a
Franchise Agreement, Grantee shall make a non-refundable payment to the City in the
amount of ten thousand dollars ($10,000). The Franchisee shall pay the actual cost of
these enumerated fees wtlich exceed ten thousand ($10,000) dollars upon invoice by the
City. The purpose of this filing fee is to defray the City's costs reasonably incurred in
processing the request.
Section 6. Review and Inspection of Books and Records.
A. The City may, at its option, upon ten (10) days notice to the Franchisee, but in
no event more often than once per year, examine the records and accounting files, and
such other books and records, if such records relate to the calculation of Franchisee fee
payments or any other payments due to the City or to proper performance of any terms of a
Franchise. The examination of such books, accounts, records or other materials necessary
14
for determination of compliance with the terms, provisions, and requirements of a Franchise
shall be during regular hours of business of the Franchisee at an office of the Franchisee
located within the City, or at another location satisfactory to the City. In the event that the
City, pursuant to an audit, determines that there exists a discrepancy in the amount paid
and the amount owed to the City by the Franchisee in excess of 2%, Franchisee shall pay
all reasonable costs, fees and expenses of the audit.
B. No later than June 30th of each year, a Franchisee shall provide the City an
annual report concerning the previous calendar year that includes at minimum the
following:
(1) A financial statement, including a statement of income, and a
statement of sources of revenues. The statement shall be audited if Franchisee has
audited statements performed in its normal course of business. If not, the statement shall
be certified by the Franchisee's chief financial officer or other duly authorized financial
officer of the Franchisee. The statement shall include notes that specify all significant
accounting policies and practices upon which it is based. A summary shall be provided
comparing the current year with the previous two (2) years of the Franchise. This
requirement shall not apply to Telecommunications Service Providers making payments to
the City under Section 5 B or D hereof.
(2) A copy of updated maps depicting the location of the
Telecommunications Facilities, showing areas served, locations of all trunk lines and feeder
lines in the City, and an estimate of the availability of space in conduits. Upon request by
the City, such maps shall be provided to the City in digitized form, at Franchisee's expense.
15
(3) If the Franchisee is a corporation, a list of officers and members ofthe
board of directors; the officers and members of the board of directors of any parent
corporation; and if the Franchisee or its parent corporation's stock or ownership interests
are publicly traded, a copy of its most recent annual report.
(4) If the Franchisee is a partnership, a list of the partners, including any
limited partners, and their addresses; and if the general partner is a corporation, a list ofthe
officers and members of the board of directors of the corporate general partner, and the
officers and directors of any parent corporation; and where the general partner or its parent
corporation's ownership interests are publicly traded, a copy of its most recent annual
report.
C. Upon reasonable request, a Franchisee shall provide the following documents
to the City as received or filed, without regard to whether the documents are filed by the
Franchisee or an Affiliate:
(1) Annual report of the Franchisee or its parent or any Affiliate of
Franchisee which controls Franchisee and issues an annual report.
(2) Any and all pleadings, petitions, applications, communications,
reports and documents (collectively referred to as DfilingsD) submitted by or on behalf of
the Franchisee to the Federal Communications Commission, Securities and Exchange
Commission, Florida Public Service Commission or any other State or Federal agency,
court or regulatory commission which filings may impact the Franchisee's operation of the
Franchisee's Telecommunications System in the City or that may impact the City's rights or
obligations under this Ordinance or the Franchise Agreement issued pursuant to this
16
Ordinance and any and all responses, if any, to the above mentioned filings.
(3) Any and all notices of hearing, deficiency, forfeiture, or
documents instituting any investigation, civil or criminal proceeding issued by any State or
Federal agency regarding the Franchisee, any Affiliate of the Franchisee, the Franchisee
Telecommunications Facilities or the Franchisee's use of
Telecommunications Facilities; provided, however, that any such notice or documents
relating to an Affiliate of Franchisee need to be provided only to the extent the same may
directly affect or bear on Franchisee's operations in the City.
(4) Any request for protection under bankruptcy laws, or any
judgment related to a declaration of bankruptcy.
D. Notwithstanding anything to the contrary, the Franchisee agrees to provide
the City, within thirty (30) days of filing or receipt of such, any document that may adversely
impact the construction, operation or maintenance of the Franchisee's Facilities or use of
Facilities.
E. A Franchisee under Section SA or B hereof shall annually certify to the City
that it is not leasing excess capacity on the Telecommunications System or Facilities, or
leasing dark fiber on the System.
F. In addition, the City may, at its option, and upon reasonable notice to the
Franchisee, inspect the Franchisee's Facilities or the Facilities that the Franchisee uses in
the City, to ensure the safety of its residents.
G. The City agrees to keep any documentation, books and records of the
Franchisee confidential to the extent required under Florida Statutes.
17
~:,,~n 7. Und."""un<! Insta",,"on; Relocation.
A. Consistent with applicable law, a Franchisee may install Telecommunications
Facilities above ground in areas where existing utility facilities are above ground and shall
install Telecommunications Facilities underground in areas where existing utility facilities
are or will be installed underground.
B. Every Telecommunications Service Provider that places or constructs
Telecommunications Facilities underground shall maintain appropriate participation in the
regional notification center for subsurface installations. A Franchisee shall provide location
services for the City at no cost to the City, to the extent consistent with applicable law.
C. Any Telecommunications Facilities heretofore or hereafter placed upon,
under, over, or along any Public Rights-of-Way that is found by the City to be unreasonably
interfering in any way with the convenient, safe or continuous use or the maintenance,
improvement, extension or expansion, of such Public Rights-of-Way, shall, upon thirty (30)
days written notice to the Franchisee or its agent, be removed or relocated by such
Franchisee at its own expense except as explicitly provided under applicable law. The City
Manager, may waive or extend the time within which a Franchisee shall remove or relocate
a Telecommunications Facility, for good cause shown.
D. Whenever an order of the City requires such removal or change in the
location of any Telecommunications Facility from the Public Rights-of-Way, and the
Franchisee fails to remove or change the same at its own expense to conform to the order
within the time stated in the notice, the City shall proceed to cause the Telecommunications
Facility to be removed. The expense thereby incurred shall be paid out of any money
18
available therefor, and such expense shall be charged against the owner of the
Telecommunications Facility and levied and collected by and paid to the City.
E. Whenever it shall be necessary for the City to remove or relocate any
Telecommunications Facility, the owner of the Telecommunications Facility, or the owner's
chief agent, shall be given notice of such removal or relocation and an order requiring the
payment of the costs thereof, and shall be given reasonable time, which shall not be less
than twenty (20) nor more than thirty (30) days in which to appear before the City
Commission to contest the reasonableness of the order. Should the owner or the owner's
representative not appear, the determination of the cost to the owner shall be final.
F. A final order of the City shall constitute a lien on any property of the owner
and may be enforced by filing an authenticated copy of the order in the office of the Clerk of
the Circuit Court of the County wherein the owner's property is located.
G. The City retains the right and privilege to cut or move any Facilities located
within the Public Rights-Of-Way of the City, as the City Manager in his/her sole discretion
may determine to be necessary, appropriate or useful in response to any public health or
safety emergency. If circumstances permit, the municipality shall attempt to notify the
Franchisee, if known, prior to cutting or removing a Facility and shall notify the Franchisee,
if known, after cutting or removing a Facility.
H. Upon abandonment of a Facility within the Public Rights-Of-Way of the City,
the Franchisee shall notify the City within ninety (90) days. Following receipt of such notice
the City may direct the Franchisee to remove all or any portion of the Facility if the City
determines that such removal will be in the best interest of the public health, safety and
19
welfare. In the event that the City does not direct the removal of the abandoned Facility by
the Franchisee, the Franchisee, by its notice of abandonment to the City, shall be deemed
to consent to the alteration or removal of all or any portion of the Facility by another utility or
person.
C;:ction 8. Use of Rights-Of-Way.
A. Franchisee agrees at all times to comply with and abide by all applicable
provisions of the State statutes, and local laws including, but not limited to, applicable
zoning regulations not inconsistent with State and Federal laws. No person shall construct
any Facility on, over, above, along, upon, under, across, or within any Public Right-of-Way
which (1) changes the location of the Facility, (2) installs or adds a new Facility, (3)
materially increases the amount of area or space occupied by the Facility on, over, above,
along, under across or within the Public Rights-Of-Way, or otherwise disrupts the Public
Rights-of-way without first filing an application with and obtaining a permit from the City
therefor, except as otherwise provided in this Ordinance. In case of the repair or
maintenance of an existing facility, the City may impose lesser requirements than those set
forth herein. Unless otherwise required by the South Florida Building Code or City Code,
no permit shall be required for installation and maintenance of service connections to
customers' premises where there will be no disruption of the Public Rights-Of-Way.
B. All of Franchisee's Facilities shall be installed, located and maintained so as
not to unreasonably interfere with the use of the Public Rights-Of-Way by the traveling
public and to cause minimum interference with the rights and convenience of property
owners who adjoin any of the Public Rights-Of-Way. The City may issue such rules and
20
regulations concerning the installation and maintenance of a Telecommunications Facility
in the Public Rights-Of-Way, as may be consistent with the applicable Law. Such rules and
regulations may include, but are not limited to, reasonable requirements and restrictions
with respect to height, width and diameter of said Facilities.
C. All safety practices required by applicable Law or accepted industry practices
and standards shall be used during construction, maintenance, and repair of the
Telecommunications Facilities.
D. In the event that at any time during the term of the rights granted herein the
City shall lawfully elect to alter, or change the grade of, any Public Rights-Of-Way, a
Telecommunications Provider, upon reasonable notice by the City, shall make any
necessary removals, relaying and relocations of its Telecommunications Facilities at its own
expense in accordance with applicable law.
E. Franchisee shall obtain any and all required permits and pay any and all
required fees before commencing any construction on or otherwise disturbing any Public
Rights-Of-Way as a result of its construction or operations. Franchisee shall, at its own
expense, restore such property to as good a condition as existed prior to Franchisee's
commencement of work. If such restoration is not performed in a reasonable and
satisfactory manner within thirty (30) calendar days after the completion of construction, the
City may, after prior written notice to Franchisee, cause the repairs to be made at
Franchisee's expense. A permit from the City authorizes a Franchisee to undertake only
certain activities in accordance with this Ordinance on City Rights-of-Way, and does not
create a property right or grant authority to impinge upon the rights of others who may have
21
an interest in the Public Rights-Of-Way.
F. Every Telecommunications Facility located in the Public Rights-Of-Way shall
be subject to the City's periodic inspection, upon no less than three (3) days written notice
to Franchise, for compliance with this Ordinance, any Franchise Agreement, or any
applicable provisions of the City Code.
G. Franchisee shall not place its facilities so as to interfere unreasonably with
any other person lawfully using the Public Rights-Of-Way serving the residents of the City.
H. Franchisee shall not permit any facilities to be affixed to any poles or other
facilities owned or otherwise under the control of Franchisee that would, in any manner,
effect a modification of said Facility including, but not limited to, increasing its height, width
or depth, notwithstanding, whether such equipment is the property of Franchisee or a third
party, without prior approval of the City Manager. In no event shall Franchisee permit any
such modification in violation of City zoning regulations now in effect or as may hereafter be
amended.
Section 9. Written Acceptance by the Franchisee.
A Franchisee shall, within ten (10) days prior to the effective date of a Franchise,
provide an executed acknowledgment of the binding effect of the terms and conditions of
this Ordinance and the Franchise to the City Manager in the form designated by the City.
Such acknowledgment shall be executed by a duly authorized officer of Franchisee and
shall represent the Franchise Agreement between the Franchisee and the City of Aventura.
Oection 10. Compliance with Other Laws; Police Power.
Franchisee shall at all times be subject to and shall comply with all applicable
Federal, State and local laws. Franchisee shall at all times be subject to all lawful
22
exercises of the police power of the City, to the extent not inconsistent with applicable law.>.
Section 11. Transfer of Control; Sale or Assignment.
A. Except in the case of a pro forma transfer as described in (B) below, the
Franchisee shall not sell, assign, or otherwise transfer any portion of its Facilities to
another, nor transfer any rights pursuant to a Franchise Agreement to another without the
prior written approval of the City Commission, which shall not be unreasonably withheld or
denied. Requests for transfer shall be filed in the office of the City Manager and shall
include: 1) a statement that the Assignee or the Transferee has accepted this Ordinance
and will operate pursuant to a Franchise Agreement and agrees to be bound by each and
every one of the terms and provisions thereof; 2) proof that the Assignee or Transferee has
met the insurance and indemnification requirements of this Ordinance and any Franchise
agreement; and 3) proof that the Assignee or Transferee has complied with all Federal and
State laws with regard to the transfer of a Certificate of Public Convenience and Necessity.
If the rights granted herein are transferred or assigned by the Franchisee to any third party
incident to a transfer, sale or assignment of the Franchisee's Facilities, the Transferee or
Assignee shall be obligated to comply with all of the terms and conditions of this Ordinance
and any applicable Franchise Agreement.
B. An application for approval of a pro forma Transfer of a Franchise shall be
considered granted on the thirty-first (31st) calendar day following the filing of such
application with the City unless, prior to that date, the City notifies the Franchisee to the
contrary. An application for approval of a pro forma Transfer of a Franchise shall clearly
identify the application as such, describe the proposed transaction, and explain why the
Applicant believes the Transfer is pro forma. A transfer shall be considered "pro forma" if it
23
involves a Transfer to a Person, group of Persons or business entity wholly owned or
controlled by the Franchisee and shall not result in a change in the control or ownership of
the Franchisee or Franchisee's system.
C. When considering an application for transfer of a Franchise, in addition to
those determinations set forth in Section 3, the City must also determine that:
(1) there will be no adverse effect on the City's interest in the franchise;
(2) transferee agrees to be bound by all the conditions of the franchise,
and to assume all the obligations of its predecessor; and
(3) any outstanding compliance and compensation issues are resolved or
preserved to the satisfaction of the City.
D. Notwithstanding anything in this Ordinance, pledges in trust or mortgages or
other hypothecations of the assets of the Franchisee to secure the construction operation
or repair of its Telecommunications Facilities may be made without the City's prior consent
hereunder, except that no such pledge, mortgage or other hypothecation may be made if
such arrangement would in any way prevent the Franchisee or its successor from
complying with the terms of a Franchise granted hereunder, or with this Ordinance or any
provision of the City Code. Any mortgage, pledge, lease or other encumbrance of the
Telecommunications Facilities shall be subject and subordinate to the rights of the City in
this Ordinance or other applicable law.
E. Requests for approval of a proposed transfer, sale or assignment shall be
accompanied by a payment of $5,000.00 to cover the City's administrative costs in
processing the transfer, sale or assignment.
Section 12. Insurance; Surety; Indemnification.
24
A. A Franchisee shall maintain, and by its acceptance of the Franchise
specifically agrees that it will maintain throughout the entire term of the Franchise including
any renewals thereof, the following liability insurance coverage insuring the Franchisee and
naming the City as an additional insured; worker's compensation and employer liability
insurance to meet all requirements of Florida law and general comprehensive liability
insurance with respect to the construction, operation and maintenance of the
Telecommunications Facilities, and the conduct of Franchisee's business in the City, in the
minimum amounts of:
(1) $250,000 for property damage in anyone accident:
(2) $500,000 for personal bodily injury to anyone person: and
(3) $1,000,000 for personal bodily injury in anyone accident.
B. All insurance policies shall be with sureties qualified to do business in the
State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating
Guide, Property/Casualty Edition except as provided in (D) below. The City may require
coverage and amounts in excess of the above minimums where necessary to reflect
changing liability exposure and limits or where required by law.
C. A Franchisee shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate
that the City, its officers, boards, Commission, Commission members, agents and
employees are listed as additional insureds. In the event of a potential claim such that the
City claims insurance coverage, Franchisee shall immediately respond to all reasonable
requests by the City for information with respect to the scope of the insurance coverage.
coverage shall not be effective unless thirty (30) days prior written notice thereof has been
given to the City. A Franchisee shall not cancel any required insurance policy without
submission of proof that the Franchisee has obtained alternative insurance satisfactory to
the City which complies with this Ordinance. A Franchisee may self-insure all or a portion
of the insurance coverage and limit requirements required by this Section. A Franchisee
that self-insures is not required, to the extent of such self-insurance, to comply with the
requirement for the naming of additional insureds under this Section. A Franchisee that
elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial
ability to self-insure the insurance coverage and limit requirements required under this
Section, such as evidence that the Franchisee is a "~private self insurer" under the Workers
Compensation Act. For purposes of this Section, "private self insurer" ~shall also include a
Franchisee that insures through a "captive insurer" as defined in Section 628.901, Florida
Statutes.
E. A Franchisee shall, at its sole cost and expense, indemnify, hold harmless,
and defend the City, its officials, boards, Commission, Commission members, agents, and
employees, against any and all claims, suits, causes of action, proceedings, judgments for
damages or equitable relief, and costs and expenses arising out of the construction,
maintenance or operation of its Telecommunications System or Facilities, the conduct of
Franchisee's business in the City, or in any way arising out of the Franchisee's enjoyment
or exercise of a Franchise granted hereunder, regardless of whether the act or omission
complained of is authorized, allowed or prohibited by this Ordinance or a Franchise
agreement, provided, however, that Franchisee's obligation hereunder shall not extend to
any claims caused by the misconduct or negligence of the City, its officials, boards,
26
Commission, Commission members, agents or employees. In addition, and notwithstanding
anything to the contrary, any Franchisee granted a renewal of a Franchise on or after the
effective date of this Ordinance shall indemnify and hold harmless the City, its officials,
boards, Commission, Commission members, agents or employees from any claim arising
by a third party under Federal or State law. This provision includes, but is not limited to, the
City's reasonable attorneys' fees incurred in defending against any such claim, suit or
proceedings; and claims arising out of copyright infringements or a failure by the
Franchisee to secure consents from the owners, authorized distributors, or providers of
telecommunications services, and claims against the Franchisee for invasion of the right or
privacy, defamation of any person, firm or corporation, or the violation or infringement of
any copyright, trade mark, trade name, service mark or patent, or of any other right of any
person, firm, or corporation. City agrees to notify Franchisee, in writing, within ten (10)
days of City receiving notice, of any issue it determines may require indemnification.
Nothing in this section shall prohibit the City from participating in the defense of any
litigation by its own counsel and at its own cost if in the City's reasonable belief there exists
or may exist a conflict, potential conflict or appearance of a conflict.
Section 13. Security Fund.
A. A Franchise agreement may provide that, prior to the Franchise becoming
effective, the Franchisee shall post with the City a security fund. Such fund may be in the
form of a cash deposit, letter of credit, corporate guarantee, indemnity bond or surety bond
as determined by the City Manager in hislher sole discretion. The security fund will be
used to ensure the Franchisee's faithful performance of and compliance with all provisions
of this Ordinance, the Franchise agreement, and other applicable law, and compliance with
27
all orders, permits and directions of the City, and the payment by the Franchisee of any
claims, liens, fees, or taxes due the City which arise by reason of the construction,
operation or maintenance of the system. The amount of the security fund shall be no less
than Twenty-five Thousand Dollars ($25,000.00), which is the minimum amount that the
City determines is necessary to protect the public, to provide adequate incentive to the
Franchisee to comply with this Ordinance and the Franchise agreement, and to enable the
City to effectively enforce compliance therewith. The amount of the security fund may be
modified in a Franchise Agreement in the City's sole discretion, based on factors including
but not limited to, written recommendations from other local franchising authorities that
regulate the Franchisee and the Franchisee's compliance and/or noncompliance with the
regulations promulgated by other franchising authorities. The Franchise Agreement shall
provide for the procedures to be followed with respect to the security fund. Neither the
posting of the cash deposit or filing of an indemnity bond or any form of surety bond with
the City, nor the receipt of any damages recovered by the City thereunder, shall be
construed to excuse faithful performance by the Franchisee or limit the liability of the
Franchisee under the terms of its Franchise for damages, either to the full amount of the
bond or otherwise.
B. Notwithstanding any of the above, the City, upon thirty (30) days advance
written notice clearly stating the reason for, and its intention to exercise withdrawal rights
under this Subsection, may withdraw an amount from the Security Fund, provided that the
Franchisee has not reimbursed the City for such amount within the thirty (30) days notice
period. Withdrawals may be made if the Franchisee:
(1) Fails to make any payment required to be made by the Franchisee
28
hereunder;
(2) Fails to pay any liens relating to the facilities that are due and unpaid;
(3) Fails to reimburse the City for any damages, claims, costs or expenses
which the City has been compelled to payor incur by reason of any action or non-
performance by the Franchisee; or
(4) Fails to comply with any provision of this Ordinance or Franchise
Agreement, which failure the City determines can be remedied by an expenditure of an
amount from the Security Fund.
C. Within thirty (30) days after receipt of written notice from the City that any
amount has been withdrawn from the Security Fund, the Franchisee shall restore the
Security Fund to the amount specified in this Section.
D. The rights reserved to the City with respect to the security fund or an
indemnity bond are in addition to all other rights of the City, whether reserved by this
Ordinance or authorized by other law or the Franchise agreement, and no action,
proceeding or exercise of a right with respect to such security fund or indemnity bond will
affect any other right the City may have.
Section 14. Construction Bond.
A. A Franchise agreement shall provide that, prior to performing any work in the
Public Rights-of-Way, a Franchisee shall establish in the City's favor a construction bond in
an amount specified in the Franchise Agreement or other authorization as necessary to
ensure the Franchisee's faithful performance of the construction, upgrade, rebuild or other
work. The amount of the construction bond shall be no less than Fifty Thousand Dollars
($50,000.00). The amount of the construction bond may be modified in a Franchise
29
Agreement, in the City Manager's sole discretion, based on the amount, the value of the
construction to take place in the Public Rights-Of-Way, and any previous history of the
Franchisee concerning construction within the Public Rights-of-Way of the City.
B. In the event a Franchisee subject to such a construction bond fails to
complete the work in a safe, timely and competent manner in accord with the provisions of
the Franchise Agreement, there shall be recoverable, jointly and severally from the principal
and surety of the bond, any damages or loss suffered by the City as a result, including the
full amount of any compensation, indemnification or cost of removal or abandonment of any
property of the Franchisee, or the cost of completing the work, plus a reasonable allowance
for attomeysD fees, up to the full amount of the bond. The City may also recover against
the bond any amount recoverable against the security fund pursuant to Section 13 hereof
where such amount exceeds that available under the security fund.
C. A Franchise agreement may specify that no less than six (6) months atter the
completion of the construction of the Telecommunications Facility and payment of all
construction obligations to the satisfaction of the City, the City may eliminate the bond.
However, the City may subsequently require a new bond for any subsequent work in the
Public Rights-Of-Way.
D. The construction bond shall be issued by a surety having a minimum rating of
A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval
of the City Attorney; and shall provide that:
This bond may not be canceled, or allowed to lapse, until sixty
(60) days after receipt by the City, by certified mail, return
receipt requested, of a written notice from the issuer of the
30
bond of intent to cancel or not to renew.
E. The rights reserved by the City with respect to any construction bond
established pursuant to this section are in addition to all other rights and remedies the City
may have under this Ordinance, the Franchise Agreement, or at law or equity.
F. When the Franchise terminates for reasons including, but not limited to,
revocation, any security will be maintained by the Franchisee for one (1) year from the date
of termination and the remaining fund will be returned to Franchisee one (1) year from the
termination date of the Franchise, provided there is no outstanding default or unpaid
amounts owed to the City by Franchisee.
G. The rights reserved to the City under this section are in addition to all other
rights of the City, whether reserved in this Ordinance or Franchisee Agreement, or
authorized by other law, and no action, proceeding or exercise of a right with respect to the
construction bond will affect any other right the City may have.
Section 15. Enforcement Remedies.
A. In addition to other remedies available at law or equity or provided in this
Ordinance, or in any Franchise Agreement, failure by the Franchisee to comply with any of
the provisions, terms and conditions of the Franchise granted hereunder may result in a
revocation of the Franchise, or, in the alternative, at the discretion of the City, the City may
impose liquidated damages for any violation by a Franchisee of this Ordinance, a Franchise
Agreement, or law applicable to users and/or occupants of the Public Rights-Of-Way, which
damages may be difficult to quantify but shall be determined in an amount no less than
One Hundred Dollars ($100.00) per day per violation.
B. Before imposing a fine pursuant to this Section, the City shall give Franchisee
31
written notice of the violation and its intention to assess such damages, which notice shall
contain a description of the alleged violation. Following receipt of such notice, Franchisee
shall have thirty (30) days to cure the violation and the City shall make good faith
reasonable efforts to assist the Franchisee in resolving the violation. If the violation is not
cured within that thirty (30) day period, the City may collect all fines owed, beginning with
the first day of the violation, either by removing such amount from the security fund or
through any other means allowed by law.
C. In addition to any other remedies available at law or equity or provided in this
Ordinance or in any Franchise Agreement, the City may apply anyone or combination of
the following remedies in the event a Franchisee violates this Ordinance, its Franchise
Agreement, applicable State or Federal law, or applicable local law or order:
(1) Franchisee's failure to comply with Sections 3A, D and/or E herein
shall result in imposition of liquidated damages to be paid by the Franchisee to the City in
an amount of not less than One Thousand Dollars ($1 ,000.00) per day or part thereof that
the violation continues.
(2) Revoke the franchise pursuant to the procedures specified in Section
16 hereof.
(3) In addition to or instead of any other remedy, the City may seek legal
or equitable relief from any court of competent jurisdiction.
D. In determining which remedy or remedies are appropriate, the City shall take
into consideration the nature of the violation, the person or persons bearing the impact of
the violation, the nature of the remedy required in order to prevent further violations, and
such other matters as the City determines are appropriate to the public interest.
32
E. Failure of the City to enforce any requirements of a Franchise Agreement or
this Ordinance shall not constitute a waiver of the City's right to enforce that violation or
subsequent violations of the same type or to seek appropriate enforcement remedies.
F. In any proceeding wherein there exists an issue with respect to a
Franchisee's performance of its obligations pursuant to this Ordinance, the Franchisee has,
throughout any such proceedings and appeals thereof, the burden of proving that said
Franchisee is in compliance with the terms of this Ordinance. The City Commission may
find a Franchisee that does not demonstrate compliance with the terms and conditions of
this Ordinance in default and apply anyone or combination of the remedies otherwise
authorized by this Ordinance.
Section 16. Revocation or Termination of Franchise.
A. A Franchise may be revoked by the City Commission for Franchisee's failure
to construct, operate or maintain the Telecommunications System or Facility as required by
this Ordinance or the Franchise Agreement, or for any other material violation of this
Ordinance or material breach of the Franchise Agreement or material violation of Federal,
State, or local law. To invoke the provisions of this subsection A, the City shall give the
Franchisee written notice, by certified mail at the last known address, that Franchisee is in
material violation of this Ordinance or material breach of the Franchise Agreement and
describe the nature of the alleged violation or breach with specificity. If within thirty (30)
calendar days following receipt of such written notice from the City to the Franchisee, the
Franchisee has not cured such violation or breach, or has not commenced corrective action
and such corrective action has not been actively and expeditiously pursued, the City may
give written notice to the Franchisee of its intent to revoke the Franchise, stating its
33
reasons.
B.
Prior to revoking a Franchise under subsection A hereof, the City
Commission shall hold a public hearing, upon thirty (30) days' calendar notice, at which
time the Franchisee and the public shall be given an opportunity to be heard. Follo"Wing the
public hearing the City Commission may determine whether to revoke the Franchise based
on evidence presented at the hearing, and other evidence of record. If the City
Commission determines to revoke a Franchise it shall issue a written decision setting forth
the reasons for its decisions. A copy of such decision shall be transmitted to the
Franchisee.
C. Notwithstanding subsections A and B hereof, any Franchise may, at the
option of the City following a public hearing before the City Commission, be revoked 120
calendar days after an assignment for the benefit of creditors or the appointment of a
receiver or trustee to take over the business of the Franchisee, whether a receivership,
reorganization, bankruptcy assignment for the benefit of creditors, or other action or
proceeding unless within that 120 day period: (1) such assignment, receivership, or
trusteeship has been vacated; or (2) such assignee, receiver, or trustee has fully complied
"With the terms and conditions of this Ordinance and Franchise Agreement and has
executed an agreement, approved by a court of competent jurisdiction, to be bound by the
terms and conditions of this Ordinance and the Franchise Agreement.
D. In the event of foreclosure or other judicial sale of any of the facilities,
equipment, or property of a Franchisee, the City may revoke the Franchise, following a
public hearing before the City Commission, by serving notice upon the Franchisee or the
successful bidder at the sale, in which event the Franchise and all rights and privileges of
the Franchisee will be revoked and will terminate thirty (30) calendar days atter serving
34
such notice, unless the successful bidder has obtained the necessary certificates, and
other authorizations pursuant to applicable State, Federal and local laws, and: (1) the City
has approved the transfer of the Franchise to the successful bidder; or (2) the successful
bidder has covenanted and agreed with the City to assume and be bound by the terms and
conditions of the Franchise Agreement and this Ordinance.
E. If the City revokes the Franchise, or for any other reason a Franchisee
abandons, terminates or fails to operate or maintain its facilities for a period of six (6)
months following Franchisee's decertification as a Telecommunications Company by the
PSC, if applicable, the following procedures and rights are effective: (1) the City may
require the former Franchisee to remove its facilities and equipment at the former
Franchisee's expense; if the former Franchisee fails to do so within a reasonable period of
time, the City may have the removal done at the former Franchisee's and/or surety's
expense; (2) the City, by resolution of the City Commission, may acquire ownership or
effect the transfer of the Telecommunications Facility or System subject to the limitations
set forth in Section 18 herein and in any Franchise Agreement; or (3) if a
Telecommunications System is abandoned by a Franchisee the City may sell, assign, or
transfer all or part of the assets of the System subject to the limitations set forth in Section
18 herein or in any Franchise Agreement. Nothing herein shall be construed to limit the
City's right to petition the PSC for appropriate relief in the case of a Telecommunications
Company which abandons, terminates or fails to operate or maintain a Facility within the
Franchise Area for a period of twenty-four (24) months.
F. No adverse action against the Franchisee may be taken by the City, pursuant
to this Section, without notice and a public hearing at which the Franchisee is given an
35
opportunity to participate.
Section 17. Renewal of Franchise.
A. Upon receipt of the renewal application within sixty (60) days of the expiration
of an existing Franchise, the City shall publish notice of its receipt and make copies
available to the public. The City, following prior public notice, may hold one or more public
hearings on the renewal application.
B. The City Commission shall consider the renewal application at a public
hearing at which the City Commission will either (1) pass a resolution agreeing to renew the
Franchise, subject to negotiation of a Franchise Agreement satisfactory to the City and a
Franchisee; or (2) pass a resolution that makes an assessment that the Franchise shall not
be renewed.
C. The City reserves the right to consider any and all violations of Federal, State,
and local law and any and all pending violations of this Ordinance or of a Franchise granted
pursuant to such Ordinance in determining whether or not to grant the renewal of a
Franchise.
D. The City shall grant a renewal application upon a finding that:
(1) The City and the Franchisee shall agree on the terms of the Franchise
Agreement before such renewal becomes effective.
(2) Any outstanding compliance and compensation issues are resolved or
preserved to the satisfaction of the City.
E. If a renewal of a Franchise is lawfully denied, the City may acquire o'M1ership
of the Telecommunications System or Facility, or effect the transfer of the o'M1ership of the
System or Facility, or effect the transfer to another person upon approval of the City
36
Commission subject to the limitations set forth in Section 18 herein and in any Franchise
Agreement. The City may not acquire ownership of the System or Facility, or approve a
transfer during an appeal of a denial for renewal.
F. If a renewal of a Franchise is lawfully denied and no appeal to a court is
pending, and the City does not purchase the Telecommunications System or Facility, or
affect the transfer of the Telecommunications System or Facility to another person, the City
may require the former Franchisee to remove its Facilities and equipment at the former
Franchisee's expense. If the former Franchisee fails to do so within a reasonable period of
time, the City may have the removal done at the former Franchisee's or surety's expense.
Section 18. Municipal Ownership of Telecommunications Facility.
A. Upon the revocation of the Franchise, or termination thereof where a
Franchisee has not given timely written notice to the City that it will seek renewal of the
Franchise pursuant to Section 17 hereof, the City shall have the right and privilege, at its
option, to purchase the Telecommunications Facility hereby authorized, or other property
used under or in connection with a Franchise granted hereunder, or such part of such
property as the City may desire to purchase at a valuation of the property real and personal
desired, which valuation shall represent the fair market value.
B. A Franchise Agreement may provide that an entity other than the City has the
first option to purchase or to receive in a transfer agreement the Telecommunications
Facility in the event that a Franchise is terminated, revoked, not renewed or transferred.
Any such entity granted a first option to purchase or receive the Telecommunications
System or Facility must agree in writing on or before the effective date of the purchase or
transfer that it agrees to be bound by all terms and conditions of this Ordinance and any
37
Franchise granted pursuant to this Ordinance and all applicable Federal, State and local
laws. Any such entity granted a first option to purchase or to receive the
Telecommunications Facility must obtain all necessary franchises, permits, certificates,
licenses and other authorizations required by applicable Federal, State and local law prior
to purchasing or receiving the Telecommunications Facilities. The first option to purchase
or to receive the Telecommunications Facility shall be null and void if the option holder
does not fulfill all obligations under this Ordinance, a Franchise Agreement, and all laws
applicable to users and occupants of the Public Rights-Of-Way.
Section 19. Force Majeure.
In the event a Franchisee's performance of or compliance with any of the provisions
of this Ordinance or the Franchisee's Franchise Agreement is prevented by a cause or
event not within the Franchisee's control, such inability to perform or comply shall be
deemed excused and no penalties or sanctions shall be imposed as a result thereof,
provided, however, that Franchisee uses all practicable means to expeditiously cure or
correct any such inability to perform or comply. For purposes of this Ordinance and any
Franchise Agreement granted or renewed hereunder, causes or events not within a
Franchisee's control shall include, without limitation, acts of God, floods, earthquakes,
landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil
disturbances, sabotage, strikes and restraints imposed by order of a governmental agency
or court. Causes or events within Franchisee's control, and thus not falling within this
Section, shall include, without limitation, Franchisee's financial inability to perform or
comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of
Franchisee's directors, officers, employees, contractors or agents.
38
Section 20. Repeal of Conflicting Ordinances.
All Ordinances or part of Ordinances, and all resolutions or part of resolutions in
conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 21. Savings.
All fees, charges and financial obligations previously accrued pursuant to any
Ordinances and resolutions repealed pursuant to Section 20 above shall continue to be due
and owing until paid.
Section 22. 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 shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 23. Reservation of Rights.
A. Both the City and the Franchisee reserve and may seek any and all remedies
available at Law. Neither the City nor the Franchisee shall be deemed to have waived any
rights or remedies at Law by virtue of accepting a Franchise Agreement pursuant to this
Ordinance.
B. The City reserves the right to amend this Ordinance as it shall find necessary
in the lawful exercise of its police powers.
C. Any additional regulations adopted by the City that are applicable to an entity
erecting, constructing, maintaining or operating facilities in the Public Rights-Of-Way shall
be incorporated into this Ordinance and complied with by all Franchisees within thirty (30)
39
days of the date of adoption of such additional regulations unless imposition of such
regulations would be otherwise prohibited by applicable Law.
Section 24. Effective Date.
This Ordinance shall be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Berger, who moved its
adoption on first reading. This motion was seconded by Commissioner Perlow, and upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 4th day of January, 2000.
PASSED AND ADOPTED on second reading this 1st day of February, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
40
FL League of Cities 2/25/00
1:05: PAGE 1/3
RightFAX
.....
.!It
-
FLORIDA LEAGUE OF Crrrns, INC.
301 South Bronough Street. Suite 300. P.O Boll 1757 . Talaha..ee, FL 32302-1757
Phone (850) 222-9684 . Suncom 278-5331 . FAX (850) 222-3806 . Website
www.fk:itiea.com
2000 Annual Conference
August 10 - 12, 2000
Broward County Convention Center
Fort Lauderdale, FL
1999 Legislative Conference
November 18 - 19, 1999
Orlando Airport Marriott
Orlando, FL
To:
Name:
Company:
Fax Number:
Voice Phone:
Patricia Rogers-Libert
Council Member
3059352170
From:
Name:
Fax Number:
Voice Phone:
Florida League of Cities
{850} 222-9684
Notes:
Date and time of transmission: Friday, February 25, 2000 12:58:20 PM
Number of pages including this cover sheet: 03
1
FL League of Cities 2/25/00
1:05: PAGE
2/3 RightFAX
Florida League of Cities
.L~'~~
Action Strike Team
TO: FAST Membem and LocallRegionaI Leagues
FROM: Kelvin J. Robinson, Director
Legislative & Public Affilirs
DATE: February 25, 2000
SUBJECT: "Religious Liberty Protection Act of 2000"
Senators Mack and Graham Need to Hear From You!
TillS IS IT!!!!!
Senator Connie Mack - (202) 224-3041
Senator Bob Graham - (202) 224-5274
Senator Trent Lott - (202) 224-6253
Senator Hatch (R-UT), just introduced the Senate Vemion of RR. 1691, "The Religious Liberty
Protection Act of 1999." This new bill, S. 2081, entitled "The Religious Liberty Protection Act of
2000" mirrom the House version with sorre grannnatical changes. As you may recall, RR. 1691
passed the House in July, 1999 by a landslide vote of306-118. Senate Majority Leader Trent LoU (R-
MS) has placed S. 2081 on his list of bills to bring to the floor. It is expected that a petition fur cloture
(closed debate) will be filed within the next 24 houm. Tbis means RLPA could be on die Senate
floor for a final vote as early as February 28, 2000. The administration issued a staterrenllast full
generally supporting this legislation. There is a very real possibility that this awful bill could become
the law of the land.
SENATORS MACK AND GRAHAM NEED TO HEAR FROM LOCAL ELECTED
OFFICIALS AS SOON AND AS OFTEN AS l'OSSffiLE OR THIS BILL WILL PASS!!
PLEASE CALL YOUR SENATORS' OFFICES.
We urge you to call your Senatom irnrrediately to express your opposition to the Religious Liberty
Protection Act. Local elected officials should direct their calls to Senator LoU as well as to Senators
Mack and Graham Below are some brief talking points about this harmful bill.
. This misleading law holds many harmful implications fur cities. Most important1y, it serves as
a massive fuderal preemption oflocal zoning authority fur religious-based land uses and flies in
the face of fuderalism. Zoning and land use regulations are purely local issues and should be
dealt with at the local level. RLPA is IIDI about restrictions on individual relillious
exercise.
P...t Office Box 17S1 . Talla.basoee, Florida 32302 . (llS4I) 222-%Il4 . Suncom 278-5331 FAX (llS4I) 222-3806
2
FL League of Cities 2/25/00
1:05: PAGE 3/3
RightFAX
. Passage of S. 2081 will subject local govennnents to a flood of litigation that will attack their
efforts to coordinate zoning and land use regulations and uphold public sarety and civil rights
concerns. Under this bil~ religious institutions can exempt themselves from local
environment~ land and building regulations under the guise that to comply with these
requirements would substantially burden their ability to practice their religion.
. The bill additionally endangers local governments' abilities to protect their cItizens by
providing a convenient derense fur discrimination on the basis 0 f race, gender, sexual
orientation, marital status, and disability as well as fur carrying weapons to schools, refusal to
pay child support, alIDng many other public hazards. For example, under RLP A, a landlord
could refuse to rent a room to a single mother because it is against his religious belief to do so.
A man could thwart the enfurcement of an order to pay child support under the claim that it is
his religious belief that all of his money belongs to the church.
. RLP A fosters a double standard fur the religious use versus the secular use in virtually every
area of local govennnent regulation, creates a class of land uses that are treated "specially"
from all others, and would continue to pose the following problems:
I. A religiously affiliated daycare center would receive special treatment under RLPA (e.g.
exemption from zoning, land use, health and safety code requirements and ordinances
regulating student/teacher ratios) whereas a secular daycare center would not.
2. Enfurcement of state and local fire and building codes at the local level would be severely
compromised under the RLPA. RLPA's proponents have suggested that it is perfectly
acceptable fur religiously affiliated uses to provide alternatives to fire and building code
requirements if to comply with the latter is too burdensome. This position is fundamentally
flawed because it undermines the locality's ability to adequately protect all of its citizens
from fires and building sarety hazards by enfurcing nationally accepted codes developed
over time by experts in the field, would permit people untrained in fire and building sarety
to create untested standards fur sarety in a community that could not be challenged, and
would require a locality to enfurce multiple "codes" depending upon whether or not the use
was a religiously affiliated one or not.
3. This bill provides an exemption to the Americans With Disabilities Act for all new
construction. A religiously affiliated use could claim that compliance with this rederallaw
was "unduly burdensome. "
4. It continues to permit religious uses to circumvent environmental laws. For example, a
religious use could object to complying with anti-toxic waste disposal laws on the grounds
that such laws were not the "least restrictive means" for protection against ha7.3rdous
wastes.
S. It continues to permit religious uses to circumvent historic preservation laws. The RLP A
standard of review will fureclose future opportunities for local communities to save
important historic landmarks
6. RLP A would have a chilling effuct on the ability of local governments to work together
with religious property owners to reach a compromise position on mning and land use
Issues.
3
~'
PROPOSED RESOLUTION - # 34
SUPPORTING THE CLOSURE OF LOOPHOLES IN FEDERAL FIREARMS
LAWS AND PENDING LEGISLATION
1 WHEREAS, current federal law presently permits any individual, regardless of age, to
2 purchase any rifle, shotgun or other long gun, including assault weapons, in a
3 private sale; and
4
5 WHEREAS, current federal law also presently permits individuals over the age of 18 and
6 under the age of 21 to purchase a handgun, including an assault pistol, in a
7 private transaction; and
8
9 WHEREAS, many firearms are now sold privately at, or in association with, organized "gun
10 shows;" and
II
12 WHEREAS, current federal law does not require that the purchaser or transferee of a firearm
13 acquired in private gun show sale undergo a background check of any kind;
14 and
15
16 WHEREAS, no federal agency presently has jurisdiction to regulate or otherwise oversee
17 the design, safety, and responsible marketing of firearms; and
18
19 WHEREAS, the United States Senate has approved a measure exempting pawn shops from
20 conducting background checks upon individuals redeeming firearms previously
21 pawned; and
22
23 WHEREAS, the Internet has the potential to function, in effect, as-a wholly unregulated
24 "virtual gun show" and presently features many sites devoted wholly to
25 commerce in firearms.
26
27 NOW THEREFORE BE IT RESOLVED the National League of Cities calls upon
28 Congress and the Administration to actively seek and strongly support legislation
29 that would:
30
31 I. Prohibit an individual over the age of 18, but below the age of 21, from
32 purchasing or possessing an assault rifle or a hand gun, including without
33 limitation an assault pistol;
34
35 2. Require that all purchasers of firearms in private sales at organized "gun
36 shows" be subject to the same background investigation to which individuals
37 who purchase firearms from federal firearms licensees are subject;
38
39
40
41
3. Vest authority in the appropriate Federal agency to regulate and otherwise
oversee the design, safety, and responsible marketing of firearms;
1]]
1 4. Allow states and local governments to adopt stricter standards and rules
2 regarding purchase and possession of firearms;
3
4 5. In a manner consistent with the Constitution, assure the Internet-facilitated
5 firearms commerce is subject to the same regulation and oversight as all other
6 commerce and firearms;
7
8 6. Require all manufacturers to include a trigger lock with each firearm
9 produced; and
10
11 7. Ban all large (more that 10 rounds) capacity ammunition clips.
12
13 BE IT FURTHER RESOLVED that the National League of Cities;
14 · Strongly opposes any statutory or regulatory measure which would subject the
15 background of an individual who redeems a weapon from a pawnshop to less
16 scrutiny than the background of an individual who purchases a firearm from a
17 federal firearms licensee; and
18 · actively cooperate with other organizations, or groups of organizations, to
19 achieve the objectives stated herein.
112
---
PROPOSED RESOLUTION - # 38
CITIES LAWSUITS AGAINST THE FIREARM INDUSTRY
] WHEREAS, gun violence results in great costs to cities and towns, including the costs
2 of law enforcement, medical care, lost productivity, and loss of life; and
3
4 WHEREAS, it is an essential and appropriate role of the federal government, under the
5 Constitution of the United States, to remove burdens and barriers to
6 interstate commerce and protect local governments from the adverse
7 effects of interstate commerce in fireanns; and
8
9 WHERE:AS, fireann manufacturers, distributors, and retailers, and importers have a
] 0 special responsibility to take into account the health and safety of the
11 public in marketing fireanns; and
12
13 WHEREAS, to the extent possible, the costs of gun violence should be borne by those
14 liable for them, including negligent fireann manufacturers, distributors,
15 and retailers, and importers; and
16
17 WHEREAS, the. fireann industry has generally not included numerous safety devices
18 with their products, including devices to prevent the unauthorized use of a
19 fireann, indicators that a fireann is loaded, and child safety locks, and the
20 absence of such safety devices has rendered these products unreasonably
21 dangerous; and
22
23 WHEREAS, the fireann industry has potentially engaged in questionable distribution
24 practices in which the industry oversupplies certain legal markets with
25 fireanns with the knowledge that the excess fireanns will be potentially
26 distributed into nearby illegal markets; and
27
28 WHEREAS, it is fundamentally the right of local elected officials to determine whether
29 to bring suits against fireann manufacturers on behalf of their constituents
30 to best serve the needs of their city or town; and
31
32 WHEREAS, across the nation, cities are bringing rightful legal claims against the gun
33 industry to seek changes in the manner in which the industry conducts
34 business in the civilian market in their communities.
35
36 NOW, THEREFORE, BE IT RESOLVED that cities and towns be able to bring suits
37 against manufacturers, dealers, and importers to determine their possible
38 culpability for firearm violence; and
39
40 BE IT FURTHER RESOLVED that the National League of Cities opposes any federal
41 preemption that would undermine the authority of state and local officials
42 to bring suits against firearm manufacturers on behalf of their citizens; and
119
1 BE IT FURTHER RESOLVED that the National League of Cities urges better
2 cooperation between firearm manufacturers and local elected officials to
3 prevent firearm violence and ensure less firearm injuries and costs to cities
4 and towns.
120
IJ"l ' :>:. 0
O"l"Emc
eno]c
or::t::t::+-,-o
~~~~
~o~-g
-- E rc "'
o OJ E t::
w.;; OJ ~
'c ~ ':5 t::
a.~ ::>
>,c-o
s:..c o.s:
o .~ OJ QJ
-"'::0:0
~~s:~
~~'E~
"'0 ~ VI rt:I
~ ~ QJ E
Q.I V 0..... c
:0 .~ a::: .z ::J
ro QJ 6.~ ~
"E..cu Co_
o+-'O:i~~
::t: .... a.__
<(o-oE
>.-~a.0l
:c 0'1 a\ 5 .~
:.c~~ v.~ ,,;
~";U:2; OJ E ......
..... >. 0 :> '0 ~.~
>OlE~QJ>:~~o .....'"
;; ~ 0 ~ QJ C ro 0'1:2 ~ ~
-1:';:i6zE~rijo""02'
=OlQJO o..c'vS:Cc
ra~:;c..w&""wra~o
OE~.~;:eO~EE~o
-- -- a. E '" '+- QJ Ertle
b OJ ro ~ 0 VI 0 . OJ VI
~""'""'CCUQJEvco'_
.- "Qj "'0 >. i6 a. QJ __ 0 +-' C
5:S QJ"'O .... ~.p ~ .~ .~.E
t:: QJ ~ ra -- U'I Ol QJ N :=: ro
o v C\J '" +-':.c c a.'c ..c E
c..c E QJ"-_ 0 >'ra f\J.......-:
Cl.ra -"""OE~Ol.~..Ertl
O..J:: ttI 0 ra ro ra - .......c c--
C c E Q)..c >. rc 0 ...... __ 1:
QJQJ-o_ -"'0_ .-w
::I>, ....:;:.aJcc;,;:~rc.....
.9""3 vi a. ~ ".j:i 0 ra e ~ .~ OJ
c ~ .~ ~ w .~ +-' .~ c... c ";:: >.
::I +-'L.Lt>oo_"_v_
E:.=u ....cc..coEc~
Q.I rc ..c:o:::( '" +-' 1 ::1_"_ 0 ::>
E a.mLl.:;m~ 0..+..0.;:;;_
'i::"':::la.~", c-OO'l"'~
U "E 0 r3 c .- ~ 0 ~ C C "E .0
..r::. ~ o,-o.g hi -'~ ~"O~ QJ ~
+' QJ +-' C "- ..c QJ ..... Q) co..... ._
.- ..... C rtI a:; +-' > 0 0'1 ro > ro +-'
3: g- wE ~ a.E..c ~ ~ QJ C 0/ -5i __I
_..... QJ v -...c:w>.
- OJ "en 0 rtl ~ 0 +-' c::O >.
OV'l~wve"u
a,!-L!n......
--oO-N
rtlCOl.O
WmNo::t
~ E :~o
:::::..E~~
o ~ .
+-' QJ C X
'" -c 0 l'tI
:) O.~ u..~
=;:ij -g":;: ~
U...c ~ .-
>'~~N
~E-c~
o '" .
+-' Q) ~ l'tI~
V);:;co-c
~Q).:;tm
..., +-' ~ c
:c::t Q) u l'tI
I.I...;c..S u
'0 ~ ~ af
>,u:)..c
g-oq~
U _ Q) 0
m_
-. :;::::J E t-
:3: 0 l"r"l .. Q)
o >....,. B..c
z .... N X :)
~C?l'tI:';:
:v '"= 00 '::t" ~,
- Q) ..... :n
"t:Q)ftIu
Q)";:Q):q:
:)-!... +-' u.:
'2'O.Vi Q)
Q) +-'..c Q)
+-' +-' Q)....
E~$:::
o E .... 6
t ::>
V)l'tIO-c
ti g-.~.2::t::
:c;t;""'C._ C Q)
l..L: ~ > ~ ~
~">].g~
o :u l'tI >.
..c '" c -c ....
l'tIQ:;l'tI~.E
~ u _
C E :) E :)
Q 0 000
"t:t;;;>-~+-,
Q):) +-'.-
:) U .::u ~
o-:;~:)+-,
~ 0 ~ l:! B
l'tIt~23c
,.... Q) 2 N"~.~
VI > cO? Q) ....
c: l'tI 0 co v Q)
o...c v co ftI >
.~ :) !],I O? ~ .-.
-
ro
-'"
-
';:
~
'"
u
o
?i
u
"-
~-a
'" '"
"-0
o C
"- '"
~ E
o E
E 0
::> u
,- '"
E ~
Q) .~
"-::;;
roo <(
;0""
~o
1'.0
-::;;
:D"
.oN
"t:l
1::
~
...
~
III
VI
<:(
...
o
....
01
c:
~
~
~
-
0
;:
III
1::= CD
0 .!
a.
III 'a
c:: c::
III ftI
..
- ~
- 0
c:: .2
CD
en 'u ~
::) E l!
lID CD 0
'" U 'a a.
c:: E
~ - ftI
a::: CD
I- - -
.!! c::
S U = 0
W D" U
..... ftI
W c:: .c::
ftI -
N .!! '.
N U
-
""
r~
~f;:j
;':r
~Vl
-f-<
~v;
~g
.,~
2b
..... ~
;:j;;:
~-
~o
!::~
.;:,u:;
-u
f-<u
><:.J
~(/J
'-..) h'
z-
~~
~
, ~
~~
'" - m
c
f en .0
<1>
- i 0.,- " iO
"mr---oo ~
::I C 'ON V <.0 E <1>
a:::'Mv 8 g
'5 eN, ("') 0 :;
. . .... 'OCt 'V I ~
U::::)NOVIll c: 0
0 aa C.oOO'lO ::J 0 .; i:
c -.c.O'>_m..c ::>
! 0000 . N_<v ::>.0 -
-; 'S ::Jm<<HON@ 0<1> ~
.c~U!:e.fg I/) ~~ ~
lCL Wo >-Q)-.,g?
.. 'a lJ"):gcxm ~
C N~Orocn <1>
:=0 . mo..c:LL .r:; ;:J
C 0"- 0
"0 0
....
o ~
" ~
g-o
u "
o 0
c >.
o ~
E ~
"
""0 en
'3 ~
.r>"",
>...2
rJ tJ
.E: E
~
~ .Q
u t
u 2
~ ~
], v ~
:Ei '" v
g ~ "E
'"Cl vi ;t
E 1:..1 V
E=- u ,.:
"'
.~ ~ ~.
E .~ ~
~ "
.c
~ u
!
:'f (.J U
--5<
~ u
u ...:.<: v
v ;S::3 .
U 'u .:: V
'S: ~ R c...
ti ~ - c.
~
~
u
~
.2;.U
~ -&0
~:.2 t;
.2= €f:a
9 :5 "5 1:..1
E :t:: -5
o
-5
u
u
.~
"'"
u
"
~
~
u c
c "
~ ]'-5
" -
.c
t
"
0..
C/O
.~
~
~
o
..6'-5
I-< ~
U '"
1- -5 E
~ IE ~
E c.. iii-
.~ ~
v
o
":i
'^.
g
E
v'(;)
3 ~
tJ ':.J c..
;::: "":l ~ E..
;i: a v c'
c
o
.::>
~
u
g.
9 ~
o
.f: 1:..1
~ K
E ~
c..
<.r; U
~ ,~
.~
c
g 1 -g
I:;J; '" <:'1
C 0
'2 ~
o "
2
~
C/O
E "iil
=:l e s: ~
~ ':; .;:; ..g
u " ~
co:l ":E -5 ..5:!
'" . ~
~ ~..g
~ .9
~ ~
2 5 ~
~'O-;
,~ ~ -g
"
c
"
u
8 ;::,
5~, ~-::
,- ~. ~ ~
f ]
8 ~ ~
5'
~
"'"
,S
c
o
;:.:
1::-
=
~
o
z
a~
~~
<;:Z
~ -
zg
-r-,
~~
, ::>.
~:J
UJr.n
:Q~
~~
'-'0
~f-:<r
9~~
O:::U(/)
c-E--:J
u.:[2C
~o:l~
E'
S
1::-
-5 '-0 9. E
~ '";j ~
'6 1:..1
~
v 1: 5
::: .if ~,
E' ...
::: -5 i:l
~'" '::f; E
;! .
..c ,3 8
E-< ~ v
]u
"'
~ u
C':l :.>-
""'"
~, @
~
o
c.. ro
;i",
~ ~
t.
u gf
r.; '2
~ .~
U ;i
~ ~
:g .5
u
~
"
c
-5
.~
~
~ U
~
s
~
v
C c
c .~
'~ s: or.
i'~ .~
~5"t
c..
u tIl '"Cl
~~ ~ g --"-
u .... tJ;,
0.."", U
or. u ~ u
t; <:':l ..
~ E ~
&....~
.... u "'0 <:1
'~ .~ ~ E
'j'; ':..I
.E;CJ
U
U
C
"
"'"
- ~
~ 2.
'-"
''0
~.
u
E!'
"
.c
u
t.
o
;;
.r>
~ ... '-0
~, ~,
1
~ "
c: '_
c.._
2 ~ E
"
>,
~ g.
~~
,
v:
^"
u
;; ~ ';; 2
.~ c
~ ..:: 15
:,..., =: ~
'-0 ~ u
u
.~
~
~
~
~
o
b:
~
u
&:
C/O
s
v -5
-5 0
"'8 E
:::: tIl::a
C c u
~ u
15..-s: ....
~ ....
u
..8-5
~ .~
~""
c 5
E ~
~ ~
ro
21'"'"
~ @...:.:i
u
E :l E
u "
:<3
o
1::-
"
~ E
~ u
....c: s: ....
c..e:c
~
u
'il
u
::1-6
o "
;..,~
"
C
;..,
u
'z
'v
u
~
E
~,
; -5
c.."'O ....
~ u ~, ; ~
~ _ ~ ..; 6
~~ ilLs
g ~ ~'
:,..., g,. '"0
c.. 0
g ~ ;:,
"
"'"
u
-5
s
c
o
.::>
~
N
'2
"
E!'
o
~
,~
"
u
C
o
.::>
"
E
u
6
u
C.
,S
6
~
>.
:>i
u
."
5-
u
u
2
c
u '"
E <:':l :3
'8 ~e,
E c
"
-S....c:
;; @
C ~ t^
,g ~ u
~ " 0::
U C _
g. 8 'c ~
tIl 100 U g -::.I
... ,u u .~
~ ''3:: ~
(':l s!. .D
::: ,:..; ~':.J
... ~ ri I;;:
S ~ v
:,..., ~ 8 tIl
u '3 E
~ .. :Ii:,; s:
E '2 .Q -~ cr.
If t: ~ ~
F :..; ~ E '...::
C/O
c
'8
u
""
~
c
>.
'-
"
~
~
~
Senior Executives in State
and Local Government
..
HARVARD UNIVERSITY
100 Top Hospitals:
Benchmarks
for Success
For over thirty-five years, Aventura Hospital and
Medical Center has faithfully cared for the health
needs of the residents of the communities we serve. This
year, our commitment to excellence has once again
brought national recognition to our hospital. For the
fourth time, we have been recognized as one of the
nation's 100 Top Hospitals: Benchmarks for Success in the
annual study of 3,000 hospitals conducted by HCIA, Inc.
and The Health Network.
HCIA, the industry's most comprehensive source of
healthcare information, and The Health Network, the
leading consumer health destination on television and the
Internet, conduct the 100 Top Hospitals: Benchmarks for
Success study to identify hospitals that have demonstrated
benchmark performance during the year. This study of
3000 hospitals across the nation is conducted in order
to establish benchmarks in the context of a rapidly and
constantly changing industry.
HCIA has developed a model for measuring high
performance that identifies 100 of the top-performing
hospitals on key measures related to clinical practices,
operations and fmaneial management. Benchmark hospitals
consistently perform well across eight measures indicating
high value, high quality, effective use of resources and
efficient provision of care.