01-07-1997 CC Meeting Agenda
CITY OF AVENTURA
COUNCIL AGENDA
JANUARY 7, 19977 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Arthur Berger, Vice Mayor
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Council member
Patricia Rogers-Libert, Council member
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
CITY OF AVENTURA
WELCOME TO YOUR CITY COUNCIL MEETING
We are pleased that you have demonstrated an Interest In the City of Aventura by attending a City
Council meeting. We hope you will attend more of these meetings In the future.
GENERAL INFORMATION
The City of Aventura was Incorporated on November 7,1995 and operates under the "Council -
City Manager Plan." The City Council Is comprised of six members and the Mayor selected by the
residents of Aventura to serve as the City's governing body. It Is responsible for adopting
policies of the City, passing ordinances, adopting resolutions, approving various development
requests and adopting the budget. A City Manager Is appointed by the City Council to serve as
the administrative head of the government and provides recommendations to the City Council on
policy issues.
The City Council Meeting is a fonnal meeting of the members of the Council to transact City
business. This business Is conducted in a manner prescribed by resolution, laws and
regulations which require fonnal actions and the fOllowing of specific procedures.
The AGENDA Is a printed document that lists the order of business for the Council meeting.
GENERAL RULES AND PROCEDURES
AddresslnQ Council - Members of the public may address the City Council on matters during the
following portions of the AGENDA: Public Hearings, other Business and Public Comments.
Each person who addresses the Council shall step up to the speaker's podium and give his/her
name and address. Public discussion Is limited to three minutes maximum per person, however
the Mayor may allow more time. All questions from the publiC to the Council shall be addressed
through the Mayor.
Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to
the city may do so by signing In with the City Clerk prior to the meeting. The Mayor will
recognize those persons who signed In under the agenda Item "Public Comments."
Decorum - Any person making Impertinent or slanderous remarks or who becomes boisterous
while addressing the Council, shall be barred from further audience before the Council by the
Mayor, unless pennission to continue or again address the Council be granted by the majority
vote of the Council. No clapping, applauding, heckling or verbal outburst In support or
opposition to a speaker or his or her remarks shall be pennltted, No signs or placards shall be
allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly.
The above represents a summarization of the Comprehensive Council Meeting and Agenda
Procedures Resolution. Copies of this resolution are available from the Office of the City
Manager.
The City of Excellence
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
COUNCIL MEETING
JANUARY 7, 1997.7 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: MOTION TO APPROVE MINUTES OF:
COUNCIL MEETING DECEMBER 17, 1996
4. AGENDA:
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
5. SPECIAL PRESENTATIONS: NONE
6. CONSENT AGENDA:
A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND METROPOLITAN
DADE COUNTY TO PROVIDE A COMMUNITY DRUG &
CRIME PREVENTION PROGRAM; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
JANUARY 7,1997
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes execution of an agreement with Dade County for a
grant to the City to be utilized to implement crime prevention
programs and purchase a communication system to monitor
911 calls.)
B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 96-12-23-2, COUNTRY
CLUB DRIVE DRAINAGE IMPROVEMENTS, TO M. VILA
& ASSOCIATES, INC., AT THE BID PRICE OF $41,364;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for drainage improvements to relieve flooding
on Country Club Drive)
C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Provides funding for additional code compliance officer and
establishes line item for professional lobbyist services)
D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
2
JANUARY 7, 1997
(Amends budget to establish the Police Capital Outlay
Impact Fee Fund and Park Development Fund to account
for impact fee revenues and expenditures)
E. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE SOUTH FLORIDA BUILDING CODE AS
THE BUILDING CODE FOR THE CITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
(Adopts South Florida Building Code as the uniform building
code for Aventura)
7. PUBLIC HEARINGS: ORDINANCES. SECOND READING:
A. AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING REGULATIONS GOVERNING
THE REMOVAL OF CANINE FECAL MATTER FROM
PUBLIC AND CERTAIN PRIVATE PROPERTY,
REQUIRING CANINES TO BE LEASHED ON PUBLIC
AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
REPEALING ORDINANCE NO. 96-26; GRANTING TO
BELLSOUTH TELECOMMUNICATIONS, INC. A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS,
INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND
STREETS OF THE CITY, FOR THE PURPOSE OF
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE EQUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FORAN EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING
3
JANUARY 7,1997
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE,
8. RESOLUTIONS: NONE
9. OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION TO PREPARE A
RESOLUTION URGING THE STATE LEGISLATURE TO
ENACT LEGISLATION PROHIBITING THE USE OF
CELLULAR TELEPHONES WHILE OPERATING A
MOVING MOTOR VEHICLE (Councilmember Cohen)
10. REPORTS:
. MAYOR AND COUNCIL
. CITY MANAGER
.
. CITY ATTORNEY
11. PUBLIC COMMENTS
12. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
TUESDAY, JANUARY 21,1997 7 PM
COUNCIL MEETING
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.
466-8901. not laler than two days prior to such proceeding,
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at
such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center. 2999 NE 191st
Street. Suite 500, Avenlura, Florida. 33180, Anyone wishing to obiain a copy of any agenda item should contact the
City Clerk at 466-8901,
4
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, DECEMBER 17,1996 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor
Arthur Berger at 7 p.m. Present were Councilmembers Jay R Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Berger, City
Manager Eric M, Soroka, City Clerk Teresa M. Smith, and City Attorney Richard
Jay Weiss. Mayor Arthur Snyder was absent As a quorum was determined to be
present, the meeting commenced.
Vice Mayor Berger welcomed to the meeting Miami Country Day School Professor
Donnelly and his Government class,
2. PLEDGE OF ALLEGIANCE: Professor Donnelly led the pledge of allegiance,
3. APPROVAL OF MINUTES: Mr. Beskin requested that the minutes of the Workshop
Meeting of December 2, 1996 be amended to include discussion as to ethics
legislation and an amendment to paragraph 5 to include the Charter Commission
and Incorporation Committee. A motion to approve the minutes of the December 2,
1996 Workshop Meeting, as amended, and the December 3, 1996 Council Meeting
was offered by Councilmember Rogers-Libert and seconded by Council member
Perlow, The motion passed unanimously and the minutes were approved, as
amended,
4. AGENDA: Councilmember Rogers-Libert requested removal of Agenda Item 6,C,
from the Consent Agenda. Councilmember Perlow requested removal of Agenda
Item 6.0, from the Consent Agenda.
5. SPECIAL PRESENTATIONS: None,
6. CONSENT AGENDA: Mr. Soroka explained the items contained on the Consent
Agenda, A motion to approve the Consent Agenda was offered by Council member
Beskin, seconded by Councilmember Rogers-Libert, unanimously passed and the
1
following action was taken:
A. Resolution No 96.61 was approved as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE EXECUTION AND
DELIVERY OF A LINE OF CREDIT AGREEMENT BETWEEN
THE CITY AND BARNETT BANK, N.A., SOUTH FLORIDA,
PROVIDING FOR LINE OF CREDIT OF NOT EXCEEDING
$10,000,000; AUTHORIZING A DRAWS THEREON AS NEEDED
IN ORDER TO FINANCE THE ACQUISITION AND
CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS
WITHIN THE CITY; AUTHORIZING THE ISSUANCE OF A NOTE
TO SECURE THE REPAYMENT OF THE INITIAL DRAW AND
ALL FUTURE DRAWS UNDER THE LINE OF CREDIT;
AUTHORIZING A PLEDGE OF THE CITY'S UTILITY TAX
REVENUES AND PROVIDING FOR A COVENANT TO BUDGET
AND APPROPRIATE CERTAIN LEGALLY AVAILABLE NON-AD
VALOREM FUNDS TO PAY DEBT SERVICE ON SUCH NOTE;
AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER
DOCUMENTS IN CONNECTION WITH THE DELIVERY OF THE
LINE OF CREDIT AGREEMENT AND THE NOTE; AND
PROVIDING FOR AN EFFECTIVE DATE FOR THIS
RESOLUTION.
B. Mr. Weiss read the following ordinance by title which was
passed on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING REGULATIONS GOVERNING THE REMOVAL
OF CANINE FECAL MATTER FROM PUBLIC AND CERTAIN
PRIVATE PROPERTY, REQUIRING CANINES TO BE LEASHED
ON PUBLIC AND CERTAIN PRIVATE PROPERTY, PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
REPEALING ORDINANCE NO. 96.26; GRANTING TO
BELLSOUTH TELECOMMUNICATIONS, INC. A NON.EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING
BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE
PUBLIC RIGHTS-OF.WAY AND STREETS OF THE CITY, FOR
2
THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING
AND OPERATING LINES OF TELEPHONE EQUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A FRANCHISE
FEE; PROVIDING THE TERMS AND CONDITIONS OF SUCH
GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion to approve the ordinance on first reading was offered by Councilmember
Cohen, seconded by Councilmember Perlow and unanimously passed by roll call
vote.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE;
PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED
ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE
An amendment to Section 3,F. to prohibit all exterior construction and any interior
construction which creates loud or excessive noise was offered by Councilmember
Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. A
motion to amend the ordinance to include in the last Whereas clause that these
regulations are for the health, safety and welfare of the residents of the City of
Aventura was offered by Councilmember Perlow, seconded by Councilmember
Rogers-Libert and unanimously passed, A motion to further amend the ordinance
to include a Whereas clause to acknowledge the existence of other limitations
contained in condominium, homeowners' association and master association
documents which may be more restrictive was offered by Council member Rogers-
Libert, seconded by Councilmember Perlow and unanimously passed. A motion to
approve the ordinance, as amended, on first reading was offered by
Councilmember Rogers-Libert, seconded by Councilmember Holzberg and
unanimously passed by roll call vote. The City Attorney was directed to clarify the
standard of excessive noise prior to second reading.
7. PUBLIC HEARINGS: ORDINANCES. SECOND READING:
A. Mr. Weiss read the following ordinance by title:
3
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING NEWSRACK REGULATIONS;
PROVIDING FOR THE PURPOSE AND SCOPE OF THE
NEWSRACK ORDINANCE; PROVIDING FOR
DEFINITIONS; PROHIBITING NEWSRACKS IN CERTAIN
LOCATIONS AND UNDER CERTAIN CONDITIONS;
REQUIRING A PERMIT TO MAINTAIN OR OPERATE A
NEWSRACK; PROVIDING FOR AN APPLICATION FOR A
NEWSRACK PERMIT AND PROVIDING CONDITIONS
FOR ISSUANCE OF A NEWSRACK PERMIT; PROVIDING
FOR A HOLD HARMLESS AGREEMENT WITH THE CITY
OF AVENTURA; REQUIRING NEWSRACK
IDENTIFICATION; REGULATING THE LOCATION,
PLACEMENT AND NUMBER OF NEWSRACKS;
PROVIDING FOR MAINTENANCE AND INSTALLATION
OF NEWSRACKS; PROVIDING FOR THE
DETERMINATION OF VIOLATIONS; PROVIDING FOR
APPEALS; DETERMINING NEWSRACK ABANDONMENT;
PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE
DATE.
Vice Mayor Berger opened the public hearing. Gerald Budney, Esq., attorney for the
Miami Herald, addressed Council. There being no further speakers, the public
hearing was closed. An amendment to delete paragraph 9A(4)xi and the last
sentence of paragraph 9A(4)viii was offered by Councilmember Beskin and
seconded by Councilmember Rogers-Libert. The amendment failed, An amendment
to paragraph 9A(5) to reduce the number of newsracks from six to four was offered
by Council member Cohen and seconded by Councilmember Rogers-Libert. The
amendment failed. A motion to defer second reading of this ordinance to January 7,
1997 was offered by Councilmember Rogers-Libert and seconded by
Councilmember Holzberg. The motion failed. An amendment to provide that the
effective date of the ordinance be 30 days from the enactment thereof was offered by
Council member Perlow and seconded by Council member Rogers-Libert, The motion
passed unanimously, An amendment was offered by Council member Rogers-Libert
and seconded by Council member Holzberg to include in paragraph 9A(4)viii that
newsracks shall be placed at the furthest possible distance from the road. The
motion passed unanimously. An amendment was offered by Council member Cohen
and seconded by Council member Holzberg to amend Section 10A to prohibit
4
additional extemal attachments fastened to newsracks intended or used to hold or
display additional publications, The amendment passed unanimously, A motion to
enact the ordinance, as amended, was offered by Council member Rogers-Libert,
seconded by Councilmember Perlow, unanimously passed by roll call vote and
Ordinance No. 96-32 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA PLANNING ADVISORY BOARD; PROVIDING
FOR CREATION, COMPOSITION AND QUALIFICATIONS;
TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND
RESPONSIBILITIES; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Soroka explained the amendments to the ordinance subsequent to first reading,
Vice Mayor Berger opened the public hearing and there being no speakers, the
public hearing was closed. A motion to approve the ordinance was offered by
Council member Beskin, seconded by Council member Rogers-Libert, unanimously
passed by roll call vote and Ordinance No. 96-33 was enacted.
8. RESOLUTIONS: NONE
9. OTHER BUSINESS:
DISCUSSION AND POSSIBLE MOTION TO PREPARE
THE NECESSARY LEGISLATION TO NAME THE
PROPOSED NEW PARK AS "AVENTURA FOUNDERS
PARK"
A motion to direct staff to prepare the appropriate resolution to name the proposed
new City park as "Aventura Founders Park" and to erect a memorial in the park
including the names of the Incorporation Committee was offered by Councilmember
Beskin, seconded by Councilmember Rogers-Libert and unanimously passed.
10. REPORTS: Vice Mayor Berger expressed to Council that due to his illness, he felt
he should relinquish his position as Vice Mayor until such time as his medical
treatment was completed, Council expressed to Vice Mayor Berger their
confidence in his ability to remain as the Vice Mayor and offered their assistance to
him during this period.
5
Mr. Soroka presented to Council the flag of the City of Aventura,
11. PUBLIC COMMENTS: The following members of the public addressed Council:
Bernard Schoenfeld, Coronado; George Feffer, Admirals Port; Don Brody, Williams
Island; and Dr. Donnelly, Miami Country Day School.
12. ADJOURNMENT, There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting adjourned at 9 p.m.
Teresa M, Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will need a
record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
6
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: December 26, 1996
TO: City Council
FROM: Eric M. Soroka, City
SUBJECT: Drug Control and System Improvement Grant Program Agreement -
Byrne Grant
1st Reading January 7,1997 City Council Meeting Agenda Item ,,-A
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the
execution of an Agreement with Dade County for the Community Drug and Crime
Prevention Program Grant in the amount of $7,396. This grant was previously applied
for and the City received confirmation of its award in June 1996.
BACKGROUND
The City had previously applied for the Federal Byrne Grant and received confirmation
of its award in June 1996, The County administers the grant The attached agreement
outlines the requirements of the City and County regarding the implementation of the
grant The grant will be utilized to implement crime prevention programs and purchase
a "Reverse 911" communication system. This system will allow the Police Department
to monitor "911" calls and send messages out to the various condominiums regarding
police matters. The grant will provide $7,396, and the City is required to provide a
$2,465 match for a total of $9,861. The equipment will cost approximately $29,000.
The difference will be funded from the Police Department's capital outlay computer
equipment line item,
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0187-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND METROPOLITAN
DADE COUNTY TO PROVIDE A COMMUNITY DRUG &
CRIME PREVENTION PROGRAM; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Agreement between Metropolitan
Dade County and the City of Aventura to provide a Community Drug & Crime Prevention
Program in substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption,
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded by Council member
and upon being put to a vote, the vote was as follows:
Councilmember Jay R Beskin
Councilmember Ken Cohen
Council member Harry Holzberg
Council member Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Resolution No.
Page 2
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of January, 1997,
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
FROM: Tom'
TO:
DATE: December 18, 1996
SUBJECT: Byrne Grant
We have reached an agreement with Ms Susan Windmiller, Project Manager for the
Metro-Dade Department of Justice System Support. The City of Aventura will agree to
implement certain crime prevention programs and purchase a "Reverse 911"
communication system, The grant will provide $7,396,00, the City will match $2,465,00,
for a total grant award of $9,861.00, The equipment we anticipate purchasing will cost
approximately $29,000.00. The difference will be funded from the police department's
capital outlay computer equipment budget.
Please have this item placed on the Jan. 7, 1997 council agenda for approval. Attached
are four copies of the contract. Please refer to the instructions on Ms, Windmiller's
letter for completion, Note that I have already inserted the correct copies of Exhibits A
and B,
METROPOLITAN DADE COUNTY, FLORIDA
..D
DEPARTMENT OF JUSTICE SYSTEM SUPPORT
17SN.W. FIRST AVENUE
SUITE 1730
MIAMI, FLORIDA 33118
(305)372-7800
FAX(30S)372--773S
December 17, 1996
J.N31'1J./J';d3a 3an
rJd
9661 B J :JJO
O:IIl1S:JSll
Chief Thomas Eo Ribei
A ventura Police Department
2999 NE 191 Street, Suite 500
Aventura, FL 33180
RE: Program Modifications
Exhibit A Agreement Program Narrative - Scope of Services
Exhibit B Agreement Budget - Program Budget
Dear Chief Ribel:
As follow-up to our phone conversation today, I am enclosing 4 sets of the revisions for Exhibits
A and B respectively. You may discard the exhibits which are currently in the contract file and
replace them with the materials enclosed. Please return the signed contracts with a copy of your
city's commission resolution accepting these grant funds, I will have the contract signed by our
county officials and provide you with two copies of the fully executed agreement
As always, if you have any questions, please call me at 372-7800 ext. 262,
Sincerely,
~
~l cJ (rJ ;~
rP "0 ~
~~~
Susan Windmiller
Project Manager
enclosures
METROPOLITAN DADE COUNTY
AGREEMENT
This Agreement, made and entered into this
day of
1996, by and
between Metropolitan Dade County, a political subdivision of the State of Florida hereinafter
referred to as the "COUNTY", through its DEPARTMENT OF JUSTICE SYSTEM SUPPORT
and the CITY OF A VENTURA
located in Dade County, Florida hereinafter referred to as the "PROVIDER", provides the terms
and conditions pursuant to which the PROVIDER shall provide a COMMUNITY DRUG &
CRIME PREVENTION PROGRAM.
WHEREAS, the COUNTY has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100-690, the Anti-Drug Abuse
Act of 1988, hereinafter referred to as the ACT, and
WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority
to enter into this Agreement by way of resolution, motion or similar action that has been duly
adopted or passed as an official act of the PROVIDER's governing body, authorizing the
execution of the Agreement, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the PROVIDER to carry out on
behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement, and
WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by
the State of Florida, Department of Community Affairs, Division of Housing and Community
Development, Bureau of Community Assistance to Metropolitan Dade County and being duly
Page I of II
executed by both parties, whichever is later, and
WHEREAS, the COUNTY is desirous of supporting an expansion of the services
provided by the COMMUNITY DRUG & CRIME PREVENTION PROGRAM by providing a
portion of the federal funds awarded to Dade County to the COMMUNITY DRUG & CRIME
PREVENTION PROGRAM and
WHEREAS, the COUNTY as contractor/grantee for the State of Florida is authorized to
purchase said services for COMMUNITY DRUG & CRIME PREVENTION PROGRAM as an
allowable activity under the ACT, and
WHEREAS, the COUNTY requires the above-mentioned services from the PROVIDER
in order to fulfill its contractual obligations under the aforementioned grant, and
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
recorded herein, the parties hereto intending to be legally bound, agree as follows:
I. SCOPE OF SERVICES. The PROVIDER agrees to render services in accordance
with the Scope of Services incorporated herein and attached hereto as Attachment A.
II. EFFECTIVE TERM, The effective term of this Agreement shall be from October 1,
1996 through September 30, 1997,
III. AMOUNT PAYABLE. Both parties agree that subject to the COUNTY's receipt of
State funds, the maximum amount payable under this Agreement shall not exceed $7,396, The
breakdown of this amount by budget category is included in the budget schedule found in
Attachment B of this Agreement Both parties agree that should available County funding be
reduced, the amount payable under this Agreement may be proportionately reduced at the option
of the County.
IV. CASH MATCH REOUIREMENT. The PROVIDER shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services and
payment by the COUNTY, including the required 25% Cash Match, and provide all
equipment and supplies required for the provision of services,
Page 2 of 11
V. REOUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER
THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A Requirements of the Anti-Drug Abuse Act. The PROVIDER agrees to abide by all
of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 9B-61, Furthermore, this
AGREEMENT shall incorporate by reference the provision of that certain document entitled
"State of Florida, Department of Community Affairs, Division of Housing and Community
Development, Bureau of Community Assistance Subgrant Application for Anti-Drug Abuse Act
Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if
fully set forth,
B, Supplanting, The PROVIDER agrees that funds received under this Agreement shall
be utilized to supplement, not supplant state or local funds, but will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-drug
law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5) of the ACT
VI. CONTINUITY OF SERVICES. Provide optimal continuity of services by assuring that
services are provided by the same person whenever possible and, if not, by a qualified replacement
when necessary,
VII. PROGRAM CONTACT. Designate a contract coordinator who shall be responsible for
I) monitoring the PROVIDER's compliance with the terms of this Agreement and, 2) whenever
the COUNTY so requests, meeting with County staff to review such compliance,
VIII. INDEMNIFICATION BY THE PROVIDER Any PROVIDER who is a political
subdivision of the State, as defined in section 768,28, Florida Statutes, hereby agrees to the extent
of the limitations included within Florida Statutes, Section 768,28, subject to the provisions of
that Statute whereby the government entity shall not be held liable to pay a personal injury or
property damage claim or judgment by anyone person which exceed the sum of $ 100,000, or any
claim or judgments or portions thereof, which, when totaled with all other claims or judgments
paid by the government entity arising out of the same incident or occurrence, exceeds the sum of
$200,000 from any and all personal injury or property damage claims, liablities, losses and causes
of action which may arise as a result of the negligence of the government entity,
IX. INSURANCE. As a political subdivision of the State as defined by section 768,28,
Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification
of liability protection in accordance with section 768,28, Florida Statutes, Nothing herein shall be
construed to extend any party's liability beyond that provided in section 768,28, Florida Statutes,
Page 3 of 11
X. LICENSURE AND CERTIFICATION. Insure that all other licensed professionals
providing COMMUNITY DRUG & CRIME PREVENTION PROGRAM services shall have
appropriate training and experience in the field in which he/she practices and abide by all
applicable State and Federal laws and regulations and ethical standards consistent with those
established for hislher profession. Ignorance on the part of the PROVIDER shall in no way
relieve it from any of its responsibilities in this regard,
XI. CONFLICT OF INTEREST, The PROVIDER warrants and represents that no person
under the employ of the PROVIDER, who exercises any function or responsibility in connection
with this Agreement, has at the time this Agreement is entered into, or shall have during the term
of this Agreement, any personal financial interest, direct or indirect, in this Agreement
XII. CIVIL RIGHTS. The PROVIDER agrees to abide by Chapter IlA, Article IV of the
Code of Metropolitan Dade County ("County Code"), as amended, which prohibits discrimination
in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits
discrimination in employment and public accommodation; the Age Discrimination Act of 1975,42
US, C. as amended, which prohibits discrimination in employment because of age; Section 504 of
the Rehabilitation Act of 1973, 29 U,S,c. Sect 794, as amended, which prohibits discrimination
on the basis of disability; and the Americans with Disabilities Act, 42, US,c. Sect 12103 et seq"
which prohibits discrimination in employment and accommodation because of disability,
It is expressly understood that upon receipt of evidence of discrimination under any of these laws,
the County shall have the right to terminate this Agreement It is further understood that the
PROVIDER must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 US,c. Sect 1612, and the Fair
Housing Act, 42 US.c. Sect 3601 et seq, If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the PROVIDER, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further business
with the PROVIDER, Any contract entered into based upon a false affidavit shall be voidable by
the County. If the PROVIDER violates any of the Acts during the term of any contract the
PROVIDER has with the County, such contract shall be voidable by the County, even if the
PROVIDER was not in violation at the time it submitted its affidavit
XIII. NOTICES. Notice under this Agreement shall be sufficient if made in writing and
delivered personally or sent by mail or by FAX to the parties at the following addresses (or to
such other party and at such other address as a party may specifY by notice to others):
If to the COUNTY:
Metropolitan Dade County
Department of Justice System Support
175 NW 1st Avenue, Suite 1730
Miami, Florida 33128
Attention: Susan Windmiller
Page 4 of II
If to the PROVIDER:
AVENTURA
Aventura Police Department
2999 NE 191 Street, Suite 500
Aventura, FL 33180
Attention: Chief Thomas A Ribel
XIV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties, It is expressly understood and
intended that the Provider is only a recipient of funding support and is not an agent or
instrumentality of the COUNTY. Furthermore, the PROVIDER's agents and employees are not
agents or employees of the COUNTY.
XV. BREACH OF AGREEMENT: COUNTY REMEDIES.
A Breach, A breach by the PROVIDER shall have occurred under this Agreement if
the PROVIDER shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or shall violate any of the covenants, agreements,
stipulations, representations or warranties contained herein,
B. COUNTY Remedies. If the PROVIDER breaches this Agreement, the
COUNTY may pursue any or all of the following remedies:
I. The COUNTY shall have the right to terminate this Agreement or reduce
funding by giving at least five (5) days prior written notice to the PROVIDER of
such intent to terminate or reduce services,
2, The COUNTY may suspend payment in whole or in part under this
Agreement by providing written notice to the PROVIDER of such suspension and
specifYing the effective date thereof, at least five (5) days before the effective date
of suspension, If payments are suspended, the COUNTY may also suspend any
payments in whole or in part under any other contracts entered into between the
COUNTY and the PROVIDER: The PROVIDER shall be responsible for all
direct and indirect costs associated with such suspension, including attorney's fees;
3, If, for any reason, the PROVIDER should attempt to meet its obligations
under this Agreement through fraud, misrepresentation or material misstatement,
the County shall, whenever practicable terminate this Agreement by giving written
notice to the provider of such termination and specifYing the effective date thereof
at least five (5) days before the effective date of such termination, The COUNTY
may terminate or cancel any other contracts which such entity has with the county,
Such entity shall be responsible for all direct or indirect costs associated with such
termination or cancellation, including attorney's fees. Any entity who attempts to
meet is contractual obligations with the county through fraud, misrepresentation or
material misstatement may be debarred from county contracting for up to five (5)
years,
Page 5 of 11
4. Any other remedy available at law or equity,
The County Manager is authorized to terminate this Agreement on behalf of the
County,
C. Damag:es Sustained, Notwithstanding the above, the PROVIDER shall not be
relieved ofliability to the COUNTY for damages sustained by the COUNTY by
virtue of any breach of the Agreement, and the COUNTY may withhold any
payments to the PROVIDER until such time as the exact amount of damages due
the COUNTY is determined and properly settled,
XVI. TERMINATION BY EITHER PARTY. This Agreement may be terminated without
cause by either party by giving sixty (60) days prior written notice to the other party of such intent
to terminate,
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The PROVIDER agrees
that all expenditures or costs shall be made in accordance with the Budget which is attached
herein and incorporated hereto as Attachment B.
A Budget Variance, Funds may be shifted between approved line items, not to exceed
fifteen percent (15%) of the total budget, without a written amendment Variances greater than
fifteen percent (15%) in any line approved line item shall require a written amendment approved
by the Department
B. Recapture Funds, At the conclusion of the third quarter and upon submission of the
Quarterly Performance Report and Invoice, the COUNTY will review the PROVIDER'S
Y ear- To-Date expenditures,
1 , Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third
Quarter Report which documents those steps the municipality will take in
the Fourth Quarter to fully expend the contract by the end of the program
year.
2, This expenditure plan must be approved by the COUNTY
3, Where the municipality does not anticipate full expenditures by the end of
the program year, the COUNTY will recapture the anticipated unexpended
amount for use in another program, without a formal amendment process,
C. Payment Procedures, The County agrees to pay the PROVIDER for services
rendered under this Agreement based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost-basis Agreement and the
PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget
approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the
COUNTY for each Community Drug and Crime Prevention Program using the Quarterly Project
Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as
stated in Section XVIII, B.l, The Quarterly Project Performance Report & Invoice shall be
prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly
Project Performance Report & Invoice along with the ANNUAL REPORT shall be submitted by
October 15,1997.
Page 6 of 11
D, The PROVIDER agrees to mail all invoices to the address listed above, Section XIII.
E. The COUNTY agrees to review invoices and to inform the PROVIDER ofany
questions, Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department.
XVIII. INVENTORY - CAPITAL EOUIPMENT AND REAL PROPERTY.
A Acquisition ofPropertv, The PROVIDER is required to be prudent in the
acquisition and management of property with federal funds, Expenditure of funds for the
acquisition of new property, when suitable property required for the successful execution of
projects is already available within the.PROVIDER organization, will be considered an
unnecessary expenditure,
B. Screeninf,!, Careful screening should take place before acquiring property in order
to ensure that it is needed with particular consideration given to whether equipment already in the
possession of the PROVIDER organization can meet identified needs, While there is no
prescribed standard for such review, the PROVIDER procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the PROVIDER
organization, The establishment of a screening committee may facilitate the process; however,
the PROVIDER may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the PROVIDER's
organization. The COUNTY must insure that the screening referenced above takes place and that
the PROVIDER has an effective system for property management. The PROVIDER is hereby
informed that if the COUNTY is made aware that the PROVIDER does not employ an adequate
property management system, project costs associated with the acquisition of the property may be
disallowed,
C. Loss. Damage or Theft of Equipment. The PROVIDER is responsible for
replacing or repairing the property which is willfully or negligently lost, stolen, damaged or
destroyed, Any loss, damage, or theft of the property must be investigated and fully documented
and made part of the official project records,
D, Equipment Acquired with Crime Control Act Block/Formula Funds, Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Management. The PROVIDER procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, as a minimum, meet
the following requirements: 1, Property records must be maintained which include description of
property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of COUNTY participation
in the cost of the property (Federal funds), location of property, use and condition of the
property, disposition data including the date of disposal and sale price; 2, a physical inventory of
the property must be taken and the results reconciled with the property records at least once every
2 years; 3, a control system must exist to ensure adequate safeguards to prevent loss, damage or
theft of the property, Any loss, damage, or theft shall be investigated by the PROVIDER as
appropriate; 4, adequate maintenance procedures must exist to keep the property in good
condition; and 5, if the PROVIDER is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Property Records, Records for equipment, nonexpendable personal
property, and real property shall be retained for a period of3 years from the date of the
Page 7 of 11
disposition or replacement or transfer at the discretion of the COUNTY. If any litigation, claim,
or audit is started before the expiration of the 3 year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved,
XIX. RECORDS. REPORTS. MONITORING AND AUDITS. EV ALUA nON STUDIES.
The PROVIDER shall keep records of program services in
sufficient detail to provide any reports which may be requested by the COUNTY.
A Records, All program records will be retained by the PROVIDER for not less
than three (3) years beyond the term ofthis Agreement. In accordance with contract
requirements from the State of Florida, records for COMMUNITY DRUG AND CRIME
PREVENTION PROGRAM services must reflect:
I, The names of staff providing services as described in Attachment A
2, The dates and number of hours the staff provided services.
3, The dates of services and activities and the names of program participants
in attendance to such as described in Attachment A
4, The records of all other program services provided under this Agreement:
S. Reporting Requirements, As to required reports, the PROVIDER shall:
I, Ouarterly Proiect Performance Report and Invoice, Submit Quarterly Project
Performance Report and Invoice to the Department of Justice System Support by January 15,
April 15, July 15, and October 15, covering the Agreement activity for the previous quarter. The
Quarterly Project Performance Report and Invoice shall be submitted in the format and using the
form attached hereto as Attachment C.
2, Annual Proiect Report, The PROVIDER shall submit an ANNUAL
PROJECT REPORT to the Department of Justice System Support for the 12 month period of the
Project Operation, The ANNUAL REPORT shall be submitted in the format and using the form
attached hereto as Attachment D, The ANNUAL REPORT shall be submitted with the Fourth
Quarterly Project Performance Report and Invoice by October 15,
3, Other Required Reports, The PROVIDER shall submit other reports as may be
required by the Department of Justice System Support during the program year.
C. Changes to Reporting Requirements. The PROVIDER understands that the
COUNTY may at any time require changes in data collected, records or reporting, as may be
necessary and agrees to comply with any such modifications,
D, Monitoring and Audit. Make available for review, inspection, monitoring or audit
by the COUNTY without notice during normal business hours all financial records and other
program records and documents which relate to or have been produced or created as a result of
this Agreement: The PROVIDER shall provide assistance as may be necessary to facilitate a
financial/program audit when deemed necessary by the COUNTY to insure compliance with
applicable accounting and financial standards,
E. Evaluation Studies. PROVIDER agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the State of Florida, Department of
Community affairs, Division of Housing and Community Development, Bureau of Community
Assistance, This participation shall at a minimum include access to PROVIDER's premises and
records.
Page 8 of 11
XX. MISCELLANEOUS.
A This Agreement is the complete and exclusive statement of all the arrangements
between the COUNTY and the PROVIDER regarding the provision of the services described in
Attachments A and B.
B. Except as otherwise enumerated herein, no amendment to this Agreement shall be
binding on either party unless in writing and signed by both parties and approved by the County
Manager provided, however, that the COUNTY may effect amendments to this Agreement
without the written consent of the PROVIDER, to conform this Agreement to changes in the
laws, directives, guidelines, and objectives of county, state and federal governments,
C. Nothing herein shall alter, affect, modifY, change or extend any other agreement
between the PROVIDER and the COUNTY unless specifically stated herein,
D, Ail reports, information documents, tapes and recordings, maps and other data and
procedures, developed, prepared, assembled or completed by the PROVIDER in connection with
the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this
Agreement shall become the property of the COUNTY without restriction, reservation or
limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time
upon request by the COUNTY. Upon completion of all work contemplated under this
Agreement, copies of all of the above data shall be delivered to the COUNTY upon request.
E. Agreement Guidelines, The Provider agrees to comply with all applicable federal
state and county laws, rules and regulations, which are incorporated herein by reference as set
forth herein, This Agreement shall be interpreted according to the laws of the State of Florida
and proper venue for this Agreement shall be Dade County, Florida,
F. Amendments, Any alterations, variations, amendments, or other modifications of
this Agreement including but not limited to amount payable and effective term shall only be valid
when they have been reduced to writing, duly approved and signed by both parties and attached
to the original of this Agreement.
The COUNTY and PROVIDER mutually agree that amendments of the Scope of Service,
line item budget of more than fifteen percent (15%) of the total budget set forth herein and other
such revisions my be negotiated as written amendment to this Agreement between the parties,
The County Manager is authorized to make amendments to this Agreement as described
herein on behalf of the COUNTY.
G Publicity, It is understood and agreed between the parties hereto that this
PROVIDER is funded by Metropolitan Dade County. Further, by acceptance of these funds, the
PROVIDER agrees that events and printed documents funded by this Agreement shall recognize
the funding source as follows:
Page 9 of 11
This program was supported by a grant awarded to Metro-Dade County
Department of Justice System Support, State of Florida Department of Community
Affairs and U.S, Department of Justice, Bureau of Justice Assistance (BJA),
H. Sub-Contracts, The Provider agrees not to enter into sub-contracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or
all of its rights, title or interest herein, or its power to execute such Agreement without the prior
written approval of the COUNTY and that all sub-contractors or assignees shall be governed by
the terms and conditions of this Agreement,
I. Total of Agreement/Severability of Provisions, The ten (10) page Agreement
with its attachments as referenced below contain all the terms and conditions agreed upon by the
parties:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E.
Agreement Program Review (Scope of Services)
Agreement Program Budget
Quarterly Project Performance Report & Invoice
Annual Project Report
Metro-Dade County Affidavits
No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or bind any of the parties hereto, If any provision of this Agreement is held
invalid or void, the remainder of this Agreement shall not be affected thereby such remainder
would then continue to conform to the terms and requirement of applicable law,
Page 10 of II
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective and duly authorized officers, the day and year first above written,
Signature
Title
Name (typed)
ATTEST:
By:
By:
(Corporate Seal)
ATTEST:
METROPOLITAN DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
Deputy Clerk
By:
Armando Vidal, PE
County Manager
By:
Page 11 of 11
SUMMARY OF ATTACHMENTS
ATTACHMENT A
Agreement Program Narrative - Scope of Service
Program Review listing Program Contact Information, Problem
Identification, Demographic Data, Year One Activities-
Accomplishments & Unmet Needs, Year Two RequestIPlanned
Activities, Program Description, Proposed Activities, Planned
Measures, Monitoring Plan, Program Staff Job Descriptions,
Signed letters from School Principals and other participating
agencies (where necessary)
ATTACHMENT B:
Agreement Budget - Program Budget
ATTACHMENT C
Quarterly Program Performance Report and Invoice
ATTACHMENT D
Annual Project Report
ATTACHMENT E
Metro-Dade County Affidavits
ATTACHMENT A
Agreement Program Narrative - Scope of Service
PROGRAM REVIEW
Jurisdiction Name: A VENTURA
Contact Person: Chief Thomas B-
Ribel
Address: 2999 NE 191 Street, Suite 500, Aventura, FL 33180
466-8935 PH -- 466-8939 FX
Program Area: COMMUNITY DRUG & CRIME PREVENTION
Program Dates: 10/01/96 -- 09/30/97
Program Name: COMMUNITY DRUG & CRIME PREVENTION
Target Population: City Residents
Problem Identification
The City of Aventura is a newly formed city, having been created in 1995. This program year, FY96-97, will be
its first year in operation as a chartered municipality and eligible to participate in the Metro-Dade Drug Control
and System Improvement grant program,
Previous Activities in this PUI:pose Area/Unmet Needs:
As a new city which is quite literally just beginning, there are a wide variety of drug and crime prevention
identified needs, While it is certainly not possible to address all of these needs with the allocation the city
receives from this grant, what it can do is to begin to develop a long range community prevention plan and
determine how these funds may be used to achieve some of the plan goals,
Preliminary discussions with the new mayor and city manager have indicated that basic crime prevention
information is an important place to begin Le. programming which addresses city residents' feelings of safety and
security by providing information on how they can protect themselves and how the city can serve them. It should
be noted that a police chief is being recruited and the city's plan is to have a complement of 40 police officers,
As the police department develops under the direction of a full time chief a city prevention plan will be
developed,
DemogTl\Phic Data:
Based upon 1990 US Census data, the city has a population of 15, 384. 98% of the residents are white; 31 % are
between the ages of 35 to 64 and 51 % are over 65 years of age, 77% of the residents live in buildings have more
than 5 units in them. The city is bounded on the east by the intercoastal, the west by the FEC Railroad, south to
I 75th street (north side of canal) and north to the DadeIBroward county line. In addition, the citizens reside
primarily in condominiums, having approximately 60 condominium associations in the city,
PROGRAM REVIEW
Jurisdiction Name: A VENTURA
Contact Person: Chief Thomas B-
Ribel
Address: 2999 NE 191 Street, Suite 500, A ventura, FL 33180
466-8935 PH -- 466-8939 FX
Program Area: COMMUNITY DRUG & CRlME PREVENTION
Program Dates: 10/01/96 -- 09/30/97
Program Name: COMMUNITY DRUG & CRlME PREVENTION
Target Population: City Residents
Program Description
As a new city, there are many basic services to develop and implement. The City of A ventura, however, also
recognizes its responsiblity to develop and implement a drug and crime prevention plan, While the basic
structures of a city are under development, some of the most important issues that concern the residents are those
of safety and crime prevention. In developing a prevention program appropriate to this community with over
51 % of the citizens over age 65 and 77% living in condominiums, checking on the welfare and safety of citizens
and getting important crime, safety, or emergency information to citizens in a timely and efficient manner are
critical. To accomplish these tasks as a new city are challenging, Therefore, it has been determined that the very
best use of these grant funds is to purchase the Reverse 911 System, This computer information system may be
used by the police dpeartment to be programmed and address a variety of prevention information needs as
follows:
".
".
the system may be programmed to contact, daily, every citizen who lives alone, A read-out of
all contacts made can be printed and follow-up in person calls may be made by police officers;
prevention meetings scheduled for various buildings may be announced selectively by the
information system directly to those residents;
in the event of a natural disaster or other emergency, bulletins for safety, evacuation or other
emergency management measures may be announced;
as follow-up to crime data analysis, bulletins may be announced to citizens regarding prevention
meausres against certain crime trends monitored by police;
other security checks and safety tips may be selectively announced as it becomes necessary.
".
".
".
The City of Aventura will plan to use grant funds to assist in the purchase of the information system, During the
grant year, the police department will be implementing this system, including the information program, staff
training, and citizen information program,
PROGRAM REVIEW
Jurisdiction Name: A VENTURA
Contact Person: Chief Thomas B-
Ribel
Address: 2999 NE 191 Street, Suite 500, Aventura, FL 33180
466-8935 PH -- 466-8939 FX
Program Area: COMMUNITY DRUG & CRIME PREVENTION
Program Dates: 1 % 1/96 -- 09/30/97
Program Name: COMMUNITY DRUG & CRIME PREVENTION
Target Population: City Residents
Proposed Activities
Plarmed Measures
Monitoring Plan
Purchase, programming,
implementation, police staff
training of a Reverse 911
information system.
City proposes to purchase and Invoices for equipment purchased
implement a Reverse 911 System with grant funds
Community information program
to inform the citizens of A ventura
of this new crime prevention
program and service.
Documentation which supports
police staff training on
implementing the Reverse 911
System
Documentaiton which supports
informing the citizens of
A ventura of the new Crime
Prevention Program
~
Susan Windmiller, DJSS
ATTACHMENT B
Agreement Budget - Program Budget
PROGRAM REVIEW
Jurisdiction Name:
AVENTURA
Program Area: COMMUNITY DRUG AND CRIME PREVENTION
Program Name:
COMMUNITY DRUG & CRIME PREVENTION
Target Population: City Residents
Contact Person:
Chief Thomas E, Ribel
466-8935 PH -- 466-8939 FX
Program Dates: 10/01/96 - 11/01/97
Proposed Budgel
Salaries and Benefits, Total
$0
Contractual Services, Total
Expenses, Total
Reverse 911 system
Purchase price for city approximately$29,OOO
This granl will support part of this purchase
Total Budget
Dade County will reimburse an amount not to exceed:
The 25% CASH MATCH for this grant is:
The source of the CASH MATCH is:
General Fund, City of A venlura
12/17/96, AV$CP97WK4
$0
$9,861
$9.861
$7.396
$2.465
ATTACHMENT C
Quarterly Program Performance Report and Invoice
Quarterly Project Perfonnance Report
Drug Control and System Improvement Fonnula Grant Program
COMMUNITY CRIME PREVENTION PROJECT
PURPOSE AREA 4A
[This fonn supersedes all previous Local Community and Neighborhood Crime Prevention
Project Report Fonns, effective upon approval of the new grant award,]
(Jurisdiction Name)
(project Name)
(program Area Name)
(Objective Numbers & Names -- See Contract, Exhibil A, Program Information)
(Name of Person Completing Form)
(Title)
(Phone)
UNIQUE ID (Completed by BCA)
STATE CONTRACT ID NUMBER: 96-CJ-3S-II-23-01-091
2
3
4
January I - March 31
April I - June 30
July I - September 30
October I - December 31
April 15
July 15
October 15
January 15
1*
*For example, if your projecl began in October, this is Report Number I.
Record Number, Period, and Date below:
This report complies with US, Deparlment of Justice Performance Evaluation and Assessment reporting requiremenls
(OMB No. 1121-0113) in conformance with Ihe Congressional Mandate to assess !he impacI of !he Drug Control and
system Improvemenl Formula Grant Program implemen1ed under !he Federal Anli-Drug Abuse Act of 1988.
1. During this quarter, how many neighborhoods were involved in grant-funded project activities? _
2. During this quarter, what is/are the namels of the jurisdictionls participating in grant-funded activities
and what is the estimated population of each?
Jurisdiction
A ventura
Coral Gables
EI Portal
Florida City
Hialeah
Hialeah Gardens
Homestead
Key Biscayne
Metro Dade (Unincorporated)
Miami Beach
Miami Springs
North Bay Village
North Miami
Opa-Locka
Pinecrest
West Miami
Pooulation
15,384
40,091
2,457
5,806
188,004
7,713
26,866
8,854
1.028,071
92,639
13,268
5,383
4,998
15,283
19,089
5,727
3. During Ihis quarter, whal was Ihe estimaled pereeniage of granl-funded activities dirccled loward Ihe
following:
% Business
% General Public
% Law Enforcement
% Libraries
% Parks and Community Centers
% Public Housing
% Residential Homes
% Schools
% Senior Citizens
% TOTAL
4. During Ihis quarter, whal eSlimaled pereeniage of participants were served in each ofthe following target
groups:
% Children (under 13 years of age)
% Teenagers (13-18 years of age)
% Elderly (60 years or older)
% Handicapped
% Other Groups (Specify) see detBiled reoort
% Other Groups (Specuy) see detBiled reoort
% TOTAL
5. During this quarter, what serious (index) crimes were targeled for project activities?
(Cbeck all tbat apply]
Aggravated Assault
Arson
Burglary
Drug Abuse
Forcible Rape
Larceny or Theft
Motor Vehicle Tbeft
Murder
Robbery
Other (Specuy) see detailed report
6. During Ihis quarter. whallive crime prevenlion PRESENTATIONS were given before groups targeted
and reported in Seclion 3 (above) in the following sellings?
[Live means Ihal a project staff person or a volunteer recruited by project staff made a presentalion to an
audience in one of the following setlings or through the media. Check those that apply and proyidc
numbers for those that are checked,]
Businesses
Number of WorkshopsIMeetings Held
Number in Attendance
Churches
Number of Workshops/Meelings Held
Number in Allendance
Law Enforcemeni Agencies
Number of WorkshopslMeetings Held
Number in Allendance
Libraries
Number of WorkshopsIMeelings Held
Number in Allendance
Community Organizations (e.g.. YMCA's. YWCA's, Big BroLhers/Sisters, Red Cross., etc.)
Number of WorkshopsIMeetings Held Number in Allendance
Government Agencies (including local human services agencies and branch offices ofstate
agencies, such as the Department of Health and Rehabilitative Services)
Number of WorkshopslMeelings Held Number in Attendance
Parks and Community Recreation Centers
Number of WorkshopsIMeetings Held
Number in Attendance
Public Housing
Number ofWorkshopsIMeetings Held
Radio
Number of WorkshopsIMeetings Held
Number in Attendance
Number in Attendance
Residential Homes
Number of WorkshopsIMeetings Held
Number in Attendance
Schools
Number ofWorkshopsIMeetings Held
Number in Attendance
Senior Citizen Centers
Number of WorkshopsIMeetings Held
Number in Attendance
Television
Number of WorkshopsIMeetings Held
Number in Attendance
Other Groups (SpecifY) see deiailed reoort
Number of WorkshopsIMeetings Held
Number in Auendance
7. During this quarter, how many media packages were developed to promote local crime prevention
campaigns? [Record number for each type of media)
Newspaper Advertising
Newspaper Articles
Magazine Advertising
Magazine Articles
Pamphlels
Radio Public Service Announcement (PSA's)
Television Public Service Announcements (PSA's)
School Curriculums
Video Packages (for distribution to networks and use by Public
Housing, Schools. Senior Citizens Centers, etc.)
TOTAL
8. During this quarter, how many times did schools present, publishers print and broadcaslers air local
grant-in-aid funded and produced crime prevention campaign media described in Section 7?
[Record number for each type of media]
Media
Curricula (Report Number of school classrooms)
Magazines
Newspapers
Radio
Television
TOTAL
9. During this quarter, how many of the following activities were implemented with gram-in-aid funds?
[Check and record units of measure for those activities that are checked.]
Identify and Secure Pro\ll:rtv:
DADE COUNTY PROGRAMS: None
A. Identifying Household Property
DADE COUNTY PROGRAMS: None
B.
Installing Improved Security Devices
Involve Ihe Community:
DADE COUNTY PROGRAMS: Florida City
C. Starting Block Watch or Neighborhood Watch Groups
Number of walch groups implemented
Number of homes receiving security surveys
Number of walch group meelings held
DADE COUNTY PROGRAMS: None
D. 0
ESlablishing Block or Safe Homcs
DADE COUNTY PROGRAMS: Florida City
E.
Developing Cilizen Patrols (to report suspicious activity in neighborhoods 10 police)
Number of cilizen Palrols established
Number of neighborhood blocks covered
DADE COUNTY PROGRAMS: None
F.
Initiating Hot Lines
DADE COUNTY PROGRAMS: None
G.
Crealing Citizen Escort Programs
DADE COUNTY PROGRAMS: Miami Beach, North Bay Village. Pinecrest
Organizing Neighborhood Clean-Ups (10 deslroy Crack houses. removing trash,
converting vacanllots to neighborhood rccrealion silcs for children, elc.)
Number of clean-up campaigns implemenled
H.
DADE COUNTY PROGRAMS: Coral Gables (Red Ribbon Week & Explorers), EI Portal, Hialeah
(LLF.E.), Hialeah Gardens, Metro-Dade ( Diversion), North Miami, Opa-Locka
Promoting Healthy Alternative Drug-Free Events for Youth and Adults
Number of events held
L
DADE COUNTY PROGRAMS: Aventura, Key Biscayne, West Miami
J.
Encouraging Law Enforcemenl Agencies to use or creale Advisory Boards, Tenant
Associations, Youth Groups or Small Neighborhood Groups
Number of boards, associations or groups established
Number of meetings held
DADE COUNTY PROGRAMS: None
K. _ Encouraging Communities to establish some form of Drug Coordinating Council
DADE COUNTY PROGRAMS: None
L. Reestablishing support within Inner City Communities
DADE COUNTY PROGRAMS: Metro-Dade (B.A.N.D. & Don't Let Alcohol Be Your Last Taste
in Life), Miami Springs (parenting)
M. Providing Prevention Education and Life Skills Curriculum to Students through school
personnel, community leaders, and state and local Agencies
Number of classes for school-age children (MDPD Alcohol)
Number of adul1 educalion classes held, (MDPDIB,AND.. Miami /Parenting)
DADE COUNTY PROGRAMS: None
N. Targeting Parents and Youth from High Risk Population Areas for Crisis Intervention
DADE COUNTY PROGRAMS: Coral Gables (Recreation Center), Homestead
O.
Starting or Expanding the Operation of Community or Neighborhood Recreation
Center or Program
Number of Communiiy or Neighborhood Recreation Centers or Programs
which offer:
Sports: [Check all that apply]
soccer baskelball football
volleyball tennis pool
swimming aerobics other (specify)
card games baseball other (specifY)
back packing! outdoor! wilderness
camping hiking
gymnaslics karate
Arts, Crafts, and Cultural Enrichment: [Check all that apply)
ceramics
music
dancing
drawing! coloring
sewing
homemaking
other (specilY)
other (specilY)
painting
Academic or Vocational Training: [Check all that apply]
mathematics
other (specifY)
other (specifY)
science
other (specilY)
other (specilY)
Other Drug or Crime Prevention Activities: [Check all that apply)
drug awareness! prevention education
life management skills
health and nulrilion
job readiness training
parent effectiveness training
parent support groups
oulreach programs for youth gangs
neighborhood or lown hall meelings
leadership or counselor-in-training
(CIT) programs
personal hygiene
AIDS education
leen pregnancy programs
academic IUloring
family counseling
other (specilY)
other (specifY)
other (speci(v)
DADE COUNTY PROGRAMS: Coral Gables (Community Recreation Center), Homeslead
P. Starting or expanding a Neighborhood Youth Athletic League
Number of leagues formed Number of games played
Project Narrative
[The applicant should altach a brief narrative detailing their progress in meeting their subgrant objectives,
The narrative should allow the reader to put the number provided in the Quarterly Report in context.)
NOTE: Attached are Ihe narratives submitted by each jurisdiclion with their respective Quarterly
Performance Reports. Each Narrative is labeled by City, Program Area and ProjccI Namc.
ACDCPZ.SAMIREV,06/96
Metro-Dade County
Community Drugs & Crime Prevention
Resolution R-648.96
Project . Index Code
QINVCP
Revised 09/16/96
QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE
[To Be Typed on Jurisdiction's Letterhead]
Ciiy:
Date of Claim:
Projecl Name:
Claim Number:
Costs Incurred During the Period of:
FIRST QUARTER
SECOND QUARTER
THIRD QUARTER
FOURTH QUARTER
OClober I - December 31
January I - March 31
April I - June 30
July I - September 30
Report Due January IS
Report Due April IS
Report Due June IS
Report Due October IS
I, Total Federal Budget $
2, Amounl This Invoice $
(75%)
3, Amount Previous Invoices $
4, Remaining Balance $
(Subtract Lines 24: J rromUne I)
Budget Line Item Exceeds Federal Local Total
Categories Disallowed Budget Funds Match Funds
(75%) (25%) (100%)
L Salaries & Benefils
2, Olher Personnel
Services (Temporary
Employees/Contractual)
3, Expenses
4, Total Claim COsls
We requeS! paymenl in accordance with our contract agreemenl in the amount of75% of Total Costs for this
Claim $ (75%), the balance of costs, $ (25%), to be recorded as our
in-kind contribulion to comply with the local cash match requirement
Attached please fmd the records which substantiale the above expenditures, I certify that all of the costs have been
paid and none of the ilems have been previously reimbursed, all of the expenditures comply with the authorized
budget and fall within the contractual scope of services and all of the goods and services have been received for
which reimbursemenl is requested,
Respectfully submitted,
Payment Approved, Metro-Dade Couniy
Chief ofPolice/Olher Ciiy Official
Metro.Dade County
Community Drugs & Crime Prevention
Resolution R--648.96
Project Index Code
Page 2 of3
QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Payroll Expenses
City:
Date of Claim:
Projecl Name;
Claim Number:
Costs Incurred During the Period of:
FIRST QUARTER
SECOND QUARTER
THIRD QUARTER
FOURTH QUARTER
OClober I - December 3 I
January I - March 31
April I . June 30
July I - September 30
Report DueJanuary 15
Report Due April 15
Report Due June 15
Report Due October 15
Officer/Staff Name
Date of Activitv
TY.]:le of Activity"
Total Hours
-(Presentation, Parent Meeting, Field Trip, etc.)
TOTAL HOURS
AT$
PER HOUR = $
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $
IS CORRECT,
OFFICER/STAFF SIGNATURE
OFFICER/STAFF SOCIAL SECURITY #
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
School Principal's Signature
m1IE: Bookkeeping report documenting payroll expenses must be attached to process payment
Metro-Dade County
Community Drugs &. Crime Prevention
Resolution R-648-96
Project Index Code
Page 3 of3
QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Equipment/Supply/Activity Expenses
City:
Date of Claim:
Project Name:
Claim Number:
CO'IS Incurred During the Period of:
FIRST QUARTER
SECOND QUARTER
TIIIRD QUARTER
FOURTII QUARTER
October I - December 3 I
January I - March 31
April I - June 30
July I - September 30
Report Due January 15
Report Due April 15
Report Due June 15
Report Due October 15
Vendor
Item Description
Date Paid
Check No
Amount
TOTAL AMOUNT EXPENSES
~: Copies of all invoices for this request must be attached to process payment.
ATTACHMENT D
Annual Project Report
ANNUAL! FINAL PROJECT REPORT
DRUG CONTROL AND SYSTEM IMPROVEMENT FORMULA GRANT PROGRAM
PURPOSE AREA 4A
COMMUNITY DRUG AND CRIME PREVENTION PROGRAM AREA
This Annual Report covers the subgrant period for the project completing four quarters of
operation, It is to be submitted along with the Fourth Quarterly Project Performance Report and
the Fourth Quarter Invoice,
This report must be in our office by October 17,1997. Final Payment will be
processed upon submission of complete Quarterly and Annual Reports with all
required documentation.
(Jurisdiction Name)
(Project Name)
(Name of Person Completing Form)
(Title)
(Phone)
Record Project Time Frame
Start Date End Date
Metro Dade County Department of Justice System Support (Revlsed7l96)
The Subgrant Contract for the Drug Control and System Improvement Funds requires that
projects submit an Annual Report describing project activities. Each jurisdiction must complete
a separate Annual Report for each project shown on the chart in Attachment A This Annual
Report must contain the following sections:
1. Noteworthy Successes of Project Operations
2. Implementation Problems
3. Staffing
4. Training
5. Grant Budget Expenditures
1. Noteworthy Successes of the Program.
In the space provided, give a description for each of the following topics (a-f)
Use three to four sentences for each topic listed, You may attach additional
pages.
a. Describe the activities implemented in the program,
b. Describe the targeted crimes,
c. Describe the population types.
d. Describe any special materials, curriculums, equipment etc., which
enhanced the program_
1. Noteworthy Successes Continued.
e. Describe the Organizations and Agencies involved, (Other than the Police
Dept)
f. Emphasize successes worthy of noting in this report
2. Implementation Problems
When project operations were initiated, did problems arise that needed attention?
How were they resolved? Briefly describe or state any problems that occurred and
discuss the steps taken to overcome those problems, For example, if your project
started late due to a late award, what adjustments were made to provide the
planned services?
3. Staffing
a. What were the total number of Full- Time Equivalent (FTE) staff assigned
to this project regardless of the funding source?
b. What were the number ofFTE's funded by the Drug Control and System
Improvement Formula Grant Program?
4. Training
Compete the following only if grant funds were used to train any staff working in
your project If training was not provided with grant funds, do not complete this
section and skip to Question 5,
a. What type and amount of staff training was provided during this project?
Record the total number of indhoiduals who received training and total the Dumber of
hours trained. For example, if 5 employees receh'ed 8 houn of training each, record 5
emplo~'ees and 40 hours of training.
Training SubjecI
Fund Raising and Granl Management
Number Trained
Hours Trained
Commu ni ty Organizations
Police Relalions
School Relalions
Curriculum Developmeni
RecreatIonal Programs
Oiher (Speci!)')
b. Have new procedures or practices been implemented as a result of the
training provided through this project? Yes No
H no skip to Question 5
c. Have new procedures or practices increased the efficiency or effectiveness
of crime prevention program activities? Yes No
4. Training Continued
d. What improvements resulted from Training project staff? Check all
that Apply
Successful Development of Neighborhood Activities
Successful Development of School Activities
Successful Developmenl Community Activilies
Successful Development Recreational Activities
Coordination with School Officials
Coordinalion with Local Law Enforcement
Coordination with Local Government Officials
Enhanced Existing Drug Educalion Program
Enhanced Existing Human Service Program
Enhanced Exisling Law Enforcement Program
Enhanced Existing Recrealion Program
Olher (Speci!)'}
e. Who provided the training? Check all that apply
Peer Assistance/ Experienced Praclilioner
Inslruclor of Naiional Reputalion
ProjecI Staff
State Training Personnel (Florida Dcpt. of Law Enforcement)
Other (Speci!)'}
5. Grant Budget Expenditures
Indicate the types of expenditures made for the operation of the project
Cbeck all tbat Apply
Audiovisual
Compuler Equipment
ConlraCiual Services
Furniture! Fixtures
Instructional
Supplies
Travel
Vehicles
ATTACHMENT A
The following is a list of Program Objectives that are included under the Community Drug and
Crime Prevention Program Area of the Byrne Grant. You will find them listed as they correspond
to your project. Each jurisdiction is required to address their respective program and
objectives listed below.
Florida City Neighborhood Crime Watch and Citizens Patrol
1 neighborhood watch; 1 citizen patrol; 200 snrveys.
Miami Beach Neighborhood Clean Up Programs
North Bay Village I neighborhood clean-up program each city
Pinecrest
Red Ribbon Week: Alternative Drug Free Events and Activities Developed
Hialeah 1 alternative drug free program each city or county
At Risk Youth Programs:
Hialeah I At Risk Youth Program each city or county
Metro Dade (Diversion)
North Miami
Opa Locka
A ventura Law Enforcement with Community Groups
Kcy Biscaync (Community Crime Prevention)
West Miami I coordinated neighborhood group each city
Metro Dade (BAND, Don't Alcohol Be Your Drug Prevention Education and Life Skills
Last Taste of Life) Metro Dade (Band! to presentations:
Miami Springs (Parent1l1g) Alcohol! 7 studcnt classes and I parent class for each
of 23 schools)
Miami Springs! 14 parent classes
Homestead Community Recreation Center program's
I expanded or enhanced community recreation center
FY97 Cities (County) Project Objectives
ATTACHMENTE
Metro-Dade County Affidavits
METROPOLITAN DADE COUNTY AFFIDAVITS
The contracting individual or entity {governmental or otherwise} shall indicate by an "X. all affidavits that
pertain to this contract and shall indicate by an "N! A" all affidavits that do not pertain to this contract. All blank
spaces must be filled.
The METROPOLITAN DADE COUNTY OWNERSIDP DISCLOSURE AFFIDAVIT;
METROPOLITAN DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; METROPOLITAN
DADE COUNTY CRIMINAL RECORD AFFIDAVIT; and DISABILITY NONDISCRIMINA nON AFFIDAVIT
shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The METROPOLITAN DADE
COUNTY F AM1L Y LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its
departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however,
pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully
eaeh affidavit to determine whether or not it pertains to this contract.
1,
. being first duly sworn state:
Affiant
The full legal name and business address of the person{s} or entity contracting or transacting business with
Metropolitan Dade County are (post Office addresses are not aceeptable):
Federal Employer 1dentifieation Number (If none, Social Security)
Name of Entity, 1ndividual(s}, Partners, or Corporation
Doing Business As (if same as above, leave blank)
Street Address
City
State
ZipCode
1!!A. 1. METROPOLITAN DADE COUNTY DISCLOSURE AFFIDAVIT (See. 2-8.1 of the County
Code)
1. If the contraet or business transaetion is with a corporation, the full legal name and business
address shall be provided for each officer and director and each stockholder who holds directly or
indirectly five pereent {5%} or more of the corporation's stoek. If the contract or business
transaction is with a partnership, the foregoing information shall be provided for eaeh partner. If
the eontraet or business transaction is with a trust, the full legal name and address shall be
provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to
contracts with publicly-traded corporations or to contracts with the United States or any
department or agency Ihereo;, 11." State or any political subdivision or agency thereof or any
municipality of this State. All such names and addresses are (Post Office addresses are not
acceptable):
Full Legal Name
Address
Ownership
%
%
%
2. The full legal names and business address of any other individual (other than subcontractors,
materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fme of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
~ 11. METROPOLITAN DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County
Ordinance No. 90-133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction
or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall
require the entity contracting or transacting business to disclose the following information. The
foregoing disclosure requirements do not apply to contracts with the United States or any department
or agency thereof, the State or any political subdivision or agency thereof or any municipality of this
State.
I. Does your fIrm have a collective bargaining agreement with its employees?
Yes
No
2. Does your fIrm provide paid health care benefits for its employees?
Yes
No
3. Provide a current breakdown (number of persons) of your fIrm's work force and ownership as to
race, national origin and gender:
While:
Black:
Hispanics:
Males
Males
Males
Males
Females
Females
Females
Females
Asian:
American Indian:
Aleut (Eskimo):
Males
Males
Males
Males
Females
Females
Females
Females
1!!A... 1II.METROPOLITAN DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the
County Code)
The individual or entity entering into a contract or receiving funding from the County _ has _
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County _ has _ has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
..-X.- lV. METROPOLITAN DADE COUNTY CUBA AFFIDAVIT (County Resolution R-656-93)
That neither the firm (individual, organization, corporation, etc.) submitting this bid or proposal or
receiving this contract award or any of its owners, subsidiaries, or affiliated or related firmS, are in
violation of the Cuba Democracy Act of 1992.
In accordance with County Resolution No. R-656-93, all firmS (individual, organization, corporation,
etc.) submitting bids or proposals or receiving contract awards attest that neither the firm or any of its
owners, subsidiaries, or affiliated or related firmS, are in violation of the Cuba Democracy Act of 1992
which imposes the U.S. trade embargo to Cuba.
...x.- V. METROPOLITAN DADE COUNTY EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT
(County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Metropolitan Dade County, Florida, the
above named person or entity is providing a drug-free workplace. A written statement to each
employee shall inform the employee about:
I. danger of drug abuse in the workplace
2. the finn's policy of maintaining a drug-free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No, 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
...x... VI. METROPOLITAN DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County
Ordinance No. 142-91 codified as Section llA-29~. ~ of the County Code)
That in compliance with Ordinance No. 142-91 of the Code of Metropolitan Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (I) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
....N.L
V1I. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95)
That the above named fum, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment, provision of programs and services, transportation, communications, access
to facilities, renovations, and new construction in the following laws: The Americans with Disabilities
Act of 1990 (ADA), Pub, L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.s.C. Sections
225 and 611 including Title 1, Employment; Title 11, Public Services; Title Ill, Public
Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title
V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal
Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section
360 I -3631. The foregoing requirements shall not pertain to contracts with the United States or any
department or agency thereof, the State or any political subdivision or agency thereof or any
municipality of this State.
~
V1Il. METROPOLITAN DADE COUNTY COUNTY REGARDING DELINQUENT AND
CURRENTLY DUE FEES OR TAXES (Sec. 2-8.l(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named fIrm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes - including but not limited to real and
property taxes, utility taxes and occupational licenses - which are collected in the normal course
by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles
registered in the name of the fIrm, corporation, organization or individual have been paid.
I have carefully read this entire four (4) page document entitled, "Metropolitan Dade County
Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have
indicated by an "N/A" all affidavits that do not pertain to this contract.
By:
(Signature of Affiant)
(Date)
SUBSCRIBED AND SWORN TO (or affIrmed) before me this
day of
19_ by
. He/She is personally known to me or has
presented
as identifIcation.
(Type of Identification)
(Signature of Notary)
(Serial Number)
(Print or Stamp of Notary)
(Expiration Date)
Notary Public - State of
Notary Seal
(State)
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, Cit
BY: of Community services.[.2..S
DATE: December 27,1996
TO: City Council
SUBJECT: Recommendation to Award Bid Number 96-12-23-2, Country Club
Drive Drainage Improvements
In accordance with the City's Purchasing Ordinance, bids for drainage improvements
along Country Club Drive were solicited, advertised and opened on December 23,
1996.
Bid Specifications Summary
The bid specifications were composed by our Consulting Engineers and revised by the
Finance Director and City Attorney for conformance to accounting principles and legal
format.
The proposed drainage improvements will relieve the flooding that occurs after any type
of rainfall and will greatly improve the aesthetics of the area, as well as replace the
eroding pavement in the public right-of-way. The adjoining properties to these
improvements are the Flamenco, Eldorado, Waterview, Hamptons and Country Club
Estates developments.
Specifically, these improvements will consist of re-introducing swales, curb removal, re-
paving the various condominium entrances and exit areas and introducing positive
underground drainage where necessary. There is one Live Oak tree that might need to
be relocated within the improvement areas.
Bidding Process and Award
Six (6) firms submitted bids that were opened on December 23, 1996. The low bid of
$41,364 was submitted by M. Vila & Associates (see "Exhibit A"). The work is expected
to be completed within sixty (60) days of the Notice to Proceed. We anticipate a
completion date of March 31, 1996. This work will not affect the Aventura Festival of
City Council
December 27, 1996
Page Two
the Arts. It is recommended the City Council award Bid 96-12-23-2 to M. Vila &
Associates, Inc.
Funds are contained in the General Fund Capital Outlay Budget to fund this project.
If you need any additional information, please feel free to contact me.
RMS/gf
Attachment
Exhibit uN'
City of Aventura Bid Analysis
BID # 96-12-23-2 Country Club Drainage Improvements
Vendor Bid Bond Bid Price Add. # 1
M. Vila & Associates Yes $41,364 Yes
Florida Blacktop Yes $54,500 Yes
Commun~y Asphalt Yes $73,720 Yes
Redland Construction Yes $75,396 Yes
MEF Construction Yes $78,170 Yes
PNM Corp. Yes $93,545 Yes
~!,iMt~R8a~dpL~M~~R~a_r !~Y~Y'O~: ~
6500 N. Andrews Ave., Ft, Louder-dale. Fl. 33309-2132.(305)716-1616
PROJe:r N,4ME
CAI.f)J!..).TED 8f
CHEC!:ED 81'
SClU
PROJEcr N~ /54/4
d:\pro jocts/ /54/4/ 8xllLign
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 96-12-23-2, COUNTRY
CLUB DRIVE DRAINAGE IMPROVEMENTS, TO M. VILA
& ASSOCIATES, INC" AT THE BID PRICE OF $41,364;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 96-12-23-2, COUNTRY CLUB
DRIVE DRAINAGE IMPROVEMENTS; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that M. Vila & Associates, has submitted the
lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Council, upon the recommendation of the City Manager, is
therefore desirous of awarding said bid/contract to said lowest responsible and
responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Resolution No.
Page 2
Section 1: Bid/contract for BID NO. 96-12-23-2, COUNTRY CLUB DRIVE
DRAINAGE IMPROVEMENTS, be and the same is hereby awarded to M. Vila &
Associates, Inc., in the amount of $41 ,364.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: The City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution in awarding this
bid/contract.
Section 4: The funds to be allocated and appropriated pursuant hereto and for
the purpose of carrying out the tenets of this Resolution shall be from the General Fund
Line Item No. 01-80-539-6-60-6606.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Resolution No.
Page 3
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of January, 1997.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ARTHURI.SYNDER,MAYOR
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
City Council .
Erio M. Somk,. czf g'
January 2, 1997
get Amendment
DATE:
SUBJECT: 1996/1997 Fiscal Year
January 7, 1997 City Council Meeting Agenda Item b - C--
RECOMMENDATION
It is recommended that the City Council adopt the attached budget amendment in the
amount of $67,750 to fund a new Code Compliance Officer position and establish the
line item for Professional Lobbying Services.
BACKGROUND
As previously discussed, in order to provide Code Enforcement operations in the
evenings and weekends to ensure enforcement of recently adopted City ordinances, it
will be necessary to add a Code Compliance Officer. The attached budget amendment
includes funding of this position for the remainder of the fiscal year and the purchase of
a vehicle.
The City obtained the services of a professional lobbyist in November 1996. Since this
occurred after the budget was prepared, a line item was not included. The attached
budget amendment establishes a line item in the amount of $30,000 to fund this item in
the Office of the City Manager's Department. The total amendment is for $67,750 and
is being transferred from the Capital Reserve.
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0190-97
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "An ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. The City Council authorizes the revisions to the current budget as
are set forth on the attached Exhibit "A" which are deemed incorporated by reference
as though set forth in full herein.
Section 3. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 2
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded by Council member
, and upon being put to a vote, the vote was as follows:
Council member Jay R. Beskin
Councilmember Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7'h day of January, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL
SUFFICIENCY:
CITY ATTORNEY
EMS/tms
EXHIBIT "A"
GENERAL FUND - 01
SOURCE OF FUNDS
DEPARTMENT
ACCOUNT
DESCRIPTION
BUDGET
CODE NO.
AMOUNT
CAPITAL OUTLAY
CAPITAL REVENUE
6999
$67,750
"FROM TOTAL"
$67,750
TOTAL SOURCE OF FUNDS
$67,750
USE OF FUNDS
OFFICE OF THE CITY MANAGER
PROFESSIONAL
LOBBYIST SERVICES 3170
$30,000
$24,750
$13,000
COMMUNITY DEVELOPMENT
EMPLOYEE SALARIES 1200
CAPITAL OUTLAY
EQUIPMENT 6206
TOTAL USE OF FUNDS
$67,750
"TO TOTAL"
$67,750
Position Revisions
Community Development
Number
4009
Description
Code Compliance Officer
Action
Add
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Ordinance Amending 1 /1997 Budget to Establish Police Capital
Outlay Impact Fee Fund and Park Development Fund
1st Reading January 7,1997 City Council Meeting Agenda Item b-b
2nd Reading January 21,1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which amends
the 1996 / 1997 budget document by creating two new funds to account for police and
park impact fee revenues and expenditures.
BACKGROUND
In order to ensure that impact fees that are collected and expended for the purpose
established by ordinances, and in accordance with sound accounting principles, the
attached Ordinance creates two new funds in the budget. The first fund creates a
Police Capital Outlay Impact Fee Fund, as required by Ordinance No. 96-30, which
established an interim impact fee for police services to account for revenues and
expenditures for capital outlay.
The second fund creates a Park Development Fund to account for revenues and
expenditures collected via the County's Park Impact Fee Ordinance. We are in the
process of developing a Park Impact Fee Ordinance for the City. The amounts
established as the initial budget are conservative estimates until better information is
available.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0191-97
-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Council hereby authorizes the amendment of Ordinance
No. 96-18, which Ordinance adopted a budget for the 1996/97 fiscal year, by revising
the 1996/97 budget as set forth on the attached Exhibit "A", which exhibit is deemed
incorporated by reference as though set forth in full herein.
Ordinance No.
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The
foregoing
Ordinance
was
offe red
by
Councilmember
, who moved its adoption on first reading. This motion was
seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Council member Jay R. Beskin
Council member Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Council member
who moved its adoption on second reading. This motion was seconded by
Councilmember
and upon being put to a vote, the vote
was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7th day of January, 1997.
2
Ordinance No.
Page 3
PASSED AND ADOPTED on second reading this _ day of January, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
Exhibit "A"
CITY OF AVENTURA
POLICE CAPITAL OUTLAY IMPACT FEE FUND 14
CATEGORY SUMMARY
1996/97
FUND OESCRIPTION
This fund was created to account for impact fees derived from newdeveiopments and
restricted by Ordinance for Police capital improvements. This fund provides a funding
source to assist the City in providing police services required by the growth in the
r.itv
OBJECT
CODE
CATEGORY
REVENUE PROJECTIONS
1996/97 1996/97
ADOPTED AMENDED
BUDGET AMOUNT
1996/97
REVISED
BUDGET
310000/319999
320000/329999
330000/339999
340000/349999
350000/359999
360000I369999
380000/389999
399900/399999
Locally Levied Taxes
Licenses & Permits
Intergovernmental Revenues
Charges for Services
Fines & Forfeitures
Misc. Revenues
Transfer frorn Funds
Fund Balance
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 50,000 50,000
0 0
0 0 0
.,-;-;.;-;.:.;-:-;
.........
.,........-.-.-.-.
..........
. ... ..,...~,-.
~:::}jC:H ::::T/$Ql@Q::
<$/~;iAAlH
'1'P'1'4.~V)\.I4#~~9ffl;!MW~q~P......H...<......<....HH..HH.li...\
OBJECT
CODE
1000/2999
3000/3999
400014999
5000/5399
540015999
CATEGORY
Personal Services
Contractual Services
Other Charges/Svcs
Commodities
Other Operating Expenses
EXPENDITURES
1996/97 1996/97
ADOPTED AMENDED
BUDGET AMOUNT
o 0
o 0
o 0
o 0
o 0
1996/97
REVISED
BUDGET
o
o
o
o
o
'1'P'1'4.PP~Mtl~~~*~~~\\HJ
.-.......
..-_.....
,-,.:-:,:.:-:-:-..
.--_.....
.........
.....-_...
....$......
"'-'-" ..
:,:;:;:::;:;,.,:,',:;
..--,_....
....-.-..'...
... .....
.-.......
............-.......
....-...-......
.....---_..
.... ..$...
........-.-. ."-"-"
...... --..
.-.--- ...
:,:,:,::,:,::.,::::.;
..---_.....
"'-"-'-'-'-'
.....--_....
.-_........
....-..-.-.---.
;,,:,,:.:,,::,:,,~.::,,::
6000/6999
Capital Outlay
50,000
50,000
o
..---_...
.........
.........-......
.........
.-...-'-........-
.........
<$<~;~O
:;::~$::~: ::~:~;::~:~\$iioi~:
'1'qt.4$~i>i@~i'r9i!~@..<...H<<n<j;
REVENUE
OBJECT
CODE
CITY OF AVENTURA
POLICE CAPITAL OUTLAY iMPACT FEE FUND 14
1996/97
.cAl'e.<r>:ORVH...H................
............--- .
REVENUE PROJECTIONS
1996/97 1996197
ADOPTED AMENDED
BUDGET AMOUNT
1996/97
REVISED
BUDGET
6-9-363200
6-9-361100
OBJECT
CODE
.........,.,.'...'--_.-....
................ ---..........
'." ","""
........ .. ------...
........-.-.-_...........
". '." .....
...... .. ..------ ,..
...........---_......
..-...................
. . .. "." .. -.... - - . ".' .
....... .... ---.... ..
...........---_........
~~~I~~~~
I~~~@"'~~........
..............
....-.-....-'-.. ..'
. ------..
............
.-.-.-.-..,..-....-,-.-.-..,..
.............
..--.-....-.---...
.. . ...---...
... .....".."
"'-"-""'"
.. . .-..--....
...........
............-_.
"-"-",",'".'-'-.-'"
'. . ... .....
'.' '.""""'"
.. -""'--','"
.,..-...,.....,.....,........
..............,-...-,-.-.-.......
'.' ......"...
.. .......
....-.-...,..-,-....
..........,'...,.............
... ......
. ........,..'.., - . - . - , - . . . . . . . .
.....--.,.'--.----......
. . -.......
.. ',""""
. '. .,.....,..'. - . - . - . - . - , . . ' .
'.' ..........
... ......---".
.."......
.,.'.,.....-'-...
...........
....-,.........
',' ..,...,...
.__..........-.-.-,-.-.-,....
................
'-' -.-...-...... '.'
.. .......
.................
. -"- ...,.--.-.
.........'...-.-....,..........'..'...'...-.
/........./.................$.../....
~~T:>::~~( n)T:>~Q;~Q
>$<~:@
o
o
50,000
o
50,000
o
CATEGORY
1996/97
ADOPTED
BUDGET
EXPENDITURES
1996/97
AMENDeD
AMOUNT
1996/97
REVISED
BUDGET
6-60-6205
Public Safely - 521
~~.~i~.~~.~~.:.:.:
$i\1):.1i@i!> <f<
50,000 50,000
$illl!.@h<H~i@
TOTAL EXPENDITURES
$):
.........
.........
..---.."
::::::::::::::,:,.:
.-....... .----...-...-.. .,...-......
>.$ <<~:i)QQ$.$I:i!~
CITY OF AVENTURA
PARK DEVELOPMENT FUND 17
CATEGORY SUMMARY
1996/97
u______ _ FU"!PDESCRIP!ION _ ....~...
IThis fund is used to account for revenues and expenditures specifically earmarked for
I capital improvements to the City's park system. The fund will account for impact fees
'derived from new developments and restricted by Ordinance for Park capital
I improvement projects.
OBJECT
CODE
REVENUE PROJECTIONS
1996/97 1996/97
ADOPTED AMENDED
BUDGET AMOUNT
CATEGORY
1996/97
REVISED
BUDGET
310000I319999
320000/329999
3300001339999
3400001349999
350000t359999
360000I369999
380000/389999
3999001399999
Locally Levied Taxes
Licenses & Permits
Intergovernmental Revenues
Charges for Services
Fines & Forfeitures
Misc. Revenues
Transfer from Funds
Fund Balance
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 5,000 5,000
0 0
0 0 0
TPT4~...)\,I~~l,i;~~~MW#4~q.'".,. ..?n??$.n. ................., ni?$? )...~,ll\i~?n.$ .n?..~,lill\iE
OBJECT
CODE
1000/2999
3000/3999
400014999
500015399
540015999
600016999
CATEGORY
Personal Services
Contractual Services
Other Charges/Svcs
Commodities
Other Operating Expenses
1996/97
ADOPTED
BUDGET
o
o
o
o
o
EXPENDITURES
1996/97
AMENDED
AMOUNT
o
o
o
o
o
1996/97
REVISED
BUDGET
o
o
o
o
o
Capital Outlay
o
TPt4P#~11~~$(P~~~)?$n ?:n?> )j
,....-.....
'-'--,' ','--"
.......-_..
...--_....
..........-.
.:-,.:.,-,-:-:.:.;...
.......-_..
..........-.
$)
"-"'-,---,'"
..-.-.....-.
.-......--..
.--......-.
.......'_....-_.-....
5,000
5,000
tPt4~m~pl~$) :?????)))'$n
....-.....
.........
,.'...--_.-.
..........
..........
:-:-;,:,',:::::,::'":
l'HI;lill\i$?$;lill\i
REVENUE
OBJECT
CODE
6-9-363400
6-9-363200
6-9-361100
OBJECT
CODE
CITY OF AVENTURA
PARK DEVELOPMENT FUND 17
1996/97
(:Atl$~RY"'..............'.
REVENUE PROJECTIONS
1996197 1996197
ADOPTED AMENDED
BUDGET AMOUNT
1996197
REVISED
BUDGET
:)H::::nH:U/:HH:n:H:U:HT:nn:\)(=:
.......,-.,.-;.-.,...:..-'-.-..:...-,.-;..,.....,......'-'
.~~~i~~~~#if~
~#r~I~~~t~~..........................
i~!;lli~ir~~........................
::::::::=::::::::':':::::<):::=:::::::::,'::>:::::::::
:,,:,:,:,':',',.;,:::.:.:::-::,::-:.,:;',:,::::.::::::::::;::
tqt...~i'lM~!iI~$"'''.'''........... ...............$....... ................
o
o
o
o
5,000
o
o
5,000
o
,,--.--,--,'.'.-.
..........
.........$...
H::::::/n~;~Q: ::::A~:: :::n:::H/::~;~::
CATEGORY
1996/97
ADOPTED
BUDGET
EXPENDITURES
1996/97
AMENDED
AMOUNT
1996/97
REVISED
BUDGET
6-6ll-6999
Non-Deoartmental - 590
~~J#';.i...e).).~n)
5,000 5,000
)$~i~Q>$~;~~
TOTAL EXPENDITURES
...
...........
......-.,..
......."..
.........-.-........
:.,.:.:.:.:.:.:-:.;..
.-_..........
j::(:Y$j:: ::U/)~~::::
.....,..-......
p),iliOO
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Council (-
Eric M. Soroka, City (!in
January 3, 1997
TO:
DATE:
SUBJECT:
Ordinance Adopting South Florida Building Code as the Building
Code for the City
1st Reading January 7,1997 City Council Meeting Agenda Item li
2nd Reading January 21, 1997 City Council Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Council enact the attached Ordinance and adopt the
South Florida Building Code as the City's Building Code.
BACKGROUND
Dade County Code requires all Dade cities to adopt the South Florida Building Code.
The attached Ordinance has been prepared in order to fully inform and educate all
developers or contractors doing business in the City.
If you have any questions, please feel free to contact me,
EMS/aca
Attachments
CC0192-97
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE SOUTH FLORIDA BUILDING CODE AS
THE BUILDING CODE FOR THE CITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the South Florida Building Code, as amended from time to time, is
hereby adopted as the uniform building code for the City of Aventura.
Section 2. Conflicts. All Ordinances or parts of Ordinances and all Resolutions or
parts of Resolutions in conflict herewith are repealed to the extent of such conflict.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Ord, No. 97-_
Page 2
Section 5. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Council member
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who moved its adoption on second reading. This motion was
seconded by Councilmember , and upon being put to a vote,
the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7th day of January, 1997.
PASSED AND ADOPTED on second reading this _ day of January, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC, CITY CLERK
2
Ord. No. 97-
Page 3
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, City
DATE: December 11, 1996
SUBJECT: Ordinance Establishing Regulations Governing the Removal of
Canine Fecal Matter and Requiring Canines to be Leashed on Public
and Certain Private Properties
1st Reading December 17,1996 City Council Meeting Agenda Item ,,- G
2nd Reading January 7,1997 City Council Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance that requires the
immediate removal of canine fecal matter from public and certain private properties.
Additionally, the proposed Ordinance requires that canines be leashed.
BACKGROUND
At the December 2, 1996 City Council Workshop meeting, the Council requested this
office to research and propose legislation that would address the fact that many
individuals are not "cleaning up" after their dogs. While the problem seems to be most
severe in the Country Club Drive area, similar situations exist throughout the
community.
In response to Council direction, the staff has researched the Codes of several
municipalities. The Ordinance enclosed contains provisions from several of these
cities. In addition, it contains a fine and penalty system.
In order to implement and enforce this Ordinance it is also recommended that the
following be considered for future approval:
1. Budget amendment authorizing the hiring of an additional Code Enforcement
Officer to enforce the codes nights and weekends. Annual cost $33,000.
Memo to City Council
Page 2
2. Installation of disposal drop-off points in certain areas of the City (see
attached pictures).
3. Installation of appropriate signage throughout the City (see attached
pictures).
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0178-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING REGULATIONS GOVERNING
THE REMOVAL OF CANINE FECAL MATTER FROM
PUBLIC AND CERTAIN PRIVATE PROPERTY,
REQUIRING CANINES TO BE LEASHED ON PUBLIC
AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura finds there is a need to
require the removal of canine fecal matter within the City as such has become a
nuisance, and creates a potential health hazard; and
WHEREAS, the City Manager has investigated ways to control and remove such
a nuisance from the public and private property of the City and has proposed the
enactment of a "pooper scooper" law in the City; and
WHEREAS, the City Council accepts this recommendation and finds that such
regulation of canines will serve to promote the health, safety and welfare of the citizens
of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1, Canine fecal matter on public and private propertv - removal
reauired.
A) It shall be unlawful for any owner or person in control or having custody of
any canine to fail to remove the fecal matter of such animal from:
1) the street, sidewalk, swale, bike path, park area or any other public
property; or
Ordinance No.
Page 2
2) any private property not belonging to the owner or person having
custody of the canine,
B) For the purpose of this section, all fecal matter shall be immediately removed
by placing such matter in a bag, wrapper, closed or sealed container and
thereafter disposing of it in a trash receptacle, sanitary disposal unit or other
closed or sealed container.
C) Any person owning or leasing any private property in the City is responsible
for maintaining such property in an odor-free and sanitary condition in
accordance with this section.
0) It shall be unlawful to take an unleashed canine into, or to keep any canine in
or upon any public property in the City. All canines, when not on the
premises of the Owner, or the person in control thereof, must be on a leash
under control of a competent person.
E) Except as otherwise provided, a violation of this section shall be subject to
the issuance of a citation, and shall be subject to:
1) a fine not exceeding twenty-five dollars ($25.00) for a first violation;
2) a fine not exceeding fifty dollars ($50.00) for a second violation within
one year of the first violation; and
3) a fine not exceeding one hundred dollars ($100.00) for each additional
violation within one year of the second or subsequent violation.
F) This section shall not apply to blind persons accompanied by a guide dog
used for their assistance.
Ordinance No.
Page 3
Section 2. It is the intention of the City Council and it is hereby ordained that the
provisions of this section shall be made a part of the Code of Ordinances of the City of
Aventura, Florida.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who
moved its adoption on second reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Ordinance No.
Page 4
Council member Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on the first reading this _day of
1996.
PASSED AND ADOPTED on second reading this _day of
1997,
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Ordinance Repealing Previous BellSouth Franchise Ordinance and
Adopting New Franchise Ordinance
1st Reading December 17,1996 City Council Meeting Agenda Item LC-
2nd Reading January 7,1997 City Council Meeting Agenda Item.2::.i3
RECOMMENDATION
The City Attorney recommends, based on negotiations with BellSouth, that the previous
BellSouth Franchise Ordinance be repealed and a new Ordinance be adopted that
includes three (3) amendments. BellSouth has agreed that the City's franchise fees
would be retroactive to October 1, 1996.
BACKGROUND
On October 16, 1996, the City Council adopted a Franchise Ordinance for BellSouth
Telecommunications. BellSouth was required to file written acceptance of the
Ordinance within forty-five days after the effective date. The attomey representing
BellSouth communicated with our City Attomey continued reservations regarding the
Ordinance and offered the following revisions to bring this matter to closure:
1. Delete Section 12 Surrender of Riohts
As a further consideration for the granting of the rights, privileges and franchises
granted hereby, the Company surrenders all rights, privileges and franchises
heretofore granted by Dade County in the franchise area for any of the purposes
stated in this Ordinance and now enjoyed by the Company in the franchise area:
provided, however, that such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights, privileges and
franchises granted hereby shall be validly in force and effect. In lieu of
acceptance of this provision, Company may certify to City that it disclaims such
rights, privileges, and franchises by, through, or under Dade County.
Memo to City Council
Page 2
2. Delete Section 16 Reservation of Riahts
Except as otherwise specified herein, the City hereby reserves any and all rights
not otherwise expressly prohibited by applicable law.
3. Modify Section 2 as follows:
This non-exclusive permission granted by this Ordinance, if accepted by the
company, shall be in force and effect for a term of fifteen (15) years from and
after its passage provided, however, by written notice within ninety (90) days
prior to the fifth and tenth anniversaries hereof, either party may commence
negotiations for modification of the consideration paid by the Company to the
City set forth in Section 3 herein. If new terms cannot thereafter be agreed
upon, either party may terminate this franchise upon an additional ninety (90)
days notice to the other party.
If you have any questions, please feel free to contact me.
EMS/aca
CC0181-96
.
We look forward to bringing this atter to a close.
hesitate to contact me if you have any que tions.
, I
. pi~ase do n1<
i'
~,
Dorian S. Denburg
General Anorney
I
i
\
,
--....T~
~ Towtit' Building J '
Suite j910 1
160WeotFlogler_ t
,
M1om1, _33ll1O' j
Phone (305) 347-8687 .
,
December 2, 1 96
David Wolpin, Esq.
Weiss. Serota & Helfman
2665 South Bayshore Drive
Suite 204
Coconut Grove, FL 33133
Re: Cit of A ventura Permi 'na
Dear David:
You called before Thanksgiving t discuss niy October 2Sth lafter
which addressed the Company's conce regarding Sections 2, 12 and I1Q
in Ordinance No. 96-26 and proposed a solution to accomplishourmudJal'
interests. In response to your stated c ncem, the Company suggested 'the
following language be employed in Sactio 2: I
. . .1
Section 2. T rm and Umi ission; 1:hls ,wn-exclui ~
permission granted by this ordinance, if ccepted by tha,COmpany, shal!
in force and effect for a term of fifteen (1 I years from and after its pas
provided, however, by written notice with n ninety 1901 days prior to the fi
and tenth anniversaries hereof, either may commence nagl!tiatlons or
modification of the consideration paid by the COmpany to the City set, ,
in Section 3 herein. If new terms canno thereafter be agreed upon, ill
party may terminate this agreement u n an addltiona' ninety ISOld
notice to the other party.
I
!
This permission covers the fo/lowin geographic area:... I
!
I
You stated that you would recom end the City include this langu4e
at the beginning of Section 2, delete S ctlon 12, delete Sectipn 16aJld
renumber accordingly. The Cornpany ould than have 46 days from1pe
date the newly passed Ordinance takes ect to file Its writtenaccepUlIlfe
of the Ordinance.;
,
,
I would recommend and it is my nderstanding the Company WO.~ld
accept the Ordinance with those revision Please insure that T.88. HO./I0W... ...y......
(347-5454! or. in his absence, Tito Gome (347-64601 is edvisedin advan e"
of any Council proceedings regarding this etter. .1
I
,
,
i
-~
1
1
~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA REPEALING
ORDINANCE NO. 96-26; GRANTING TO BELLSOUTH
TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE FRANCHISE IN
THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises
is the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone and telegraph equipment, including the
necessary conduits, poles, cables, electrical conductors, fiber optics and digital
technology fixtures upon, along, under and over the public roads, streets, and rights-of-
way of the City of Aventura, Florida as its telephone and telegraph business may from
time to time require.
Section 2. Term and Limits of Franchise. This non-exclusive franchise granted
by this Ordinance, if accepted by the Company, shall be in force and effect for a period of
fifteen (15) years from and after its passage provided, however, by written notice within
ninety (90) days prior to the fifth and tenth anniversaries hereof, either party may
commence negotiations for modification of the consideration paid by the Company to the
City set forth in Section 3 herein. If new terms cannot thereafter be agreed upon, either
party may terminate this franchise upon an additional ninety (90) days notice to the other
party. The permission granted by this franchise covers the following geographic area:
The corporate limits of the City of Aventura as set forth in the Charter of the City of
Aventura, as amended from time to time. Company agrees that the limits of the franchise
are subject to expansion or reduction by annexation and contraction of municipal
boundaries and that the Company has no vested right in a specific area. The City shall
notify the Company of any annexation or contraction of municipal boundaries and provide
the Company a map of the new boundaries in a timely manner. The Company shall take
prompt action to implement computations and corresponding payments to annexation or
contraction and notify City of effective date of same.
Section 3, Franchise Fee: Payments. In consideration of the rights and
privileges herein granted, and to defray the cost of regulating the Company's activities
under this franchise, the Company shall pay to the City annually a sum equal to one
percent (1% ) of the gross receipts of the Company on recurring local service revenues
for services provided within the corporate limits of the City by the Company. Included
within such one percent (1%) maximum fee or consideration are all taxes, licenses, fees,
2
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 the Company. The annual payment
shall be made to the City for each year that the permission granted herein is in effect and
shall be made to the City in four installments. The first, second and third installments of
the annual payment shall be based upon the gross receipts for the first, second and third
quarters, respectively, of the fiscal year and shall be made no later than sixty (60) days
following the end of these periods. The fourth installment of the annual payment shall be
made no later than sixty (60) days following the end of such fiscal year, and shall be
based upon such gross receipts for the fiscal year but shall be adjusted to reflect payment
of the first three installments and any credits not previously taken. For purposes of this
payment, such fiscal year shall end on September 30. The first such payment shall be
based upon receipts for the quarter of October, November and December 1996, and shall
be made on or before January 31, 1997. Payments shall be payable to the City of
Aventura, Attention: Finance Support Services Department, during regular business
hours of the City.
Section 4. Review of bill in a records. If the City wishes to verify the payments to
the City under this Ordinance, the Company shall permit the City or a designated
representative of the City, upon reasonable advance written notice, to review the
Company's billing and payment records, upon which the payments were based, during
normal business hours at the location of the Company where such records are
maintained. However, no Company records may be taken from the Company's premises,
3
and the City shall maintain the confidentiality of the information disclosed in these
records and use the information solely for the purposes of verifying payments by the
Company, Such Company records shall be maintained by the Company for the period
prescribed by the Federal Communications Commission and/or the Florida Public Service
Commission.
Section 5. Transferabilitv. If the rights granted herein to the Company are
transferred or assigned by the Company to any third party incident to a sale or other
transfer of the Company's system or plant, the transferee or assignee shall be obligated
to comply with all of the terms and conditions of this Ordinance.
Section 6. Forfeiture. Failure on the part of the Company to comply in any
substantial respect with any of the material provisions of this agreement shall be grounds
for a forfeiture of the permission granted herein, but no such forfeiture shall take effect if
the reasonableness or propriety thereof is protested by the Company, until a court of
competent jurisdiction (with right of appeal in either party) shall have found that the
Company failed to comply in a substantial respect with any of the material provisions of
this Ordinance. The Company shall have six (6) months after the final determination of
the question to make good the default, before a forfeiture shall result, with the right in the
City at its discretion to grant such additional time to the Company for compliance as
necessities in the case require.
Section 7. Hold Harmless. The Company shall indemnify the City against and
assume all liabilities for damages which may arise or accrue to the City for any injury to
persons or damage to property from the doing of any work herein authorized, or the
4
neglect of the Company or any of its employees to comply with any ordinance regulating
the use of the streets of the City, and the acceptance by the Company of this Ordinance
shall be an agreement by it to pay to the City any sum of money for which the City may
become liable from or by any reason of such injury or damage, including reasonable
attorneys' fees incurred by City.
Section 8. Underaround Installation. The Company shall install underground
extensions of telephone distribution lines in new residential subdivisions over five units or
new multiple occupancy buildings where all other utilities will also be installed
underground. Such installation shall be provided in accordance with and subject to the
requirements of applicable statutes, and the Florida Public Service Commission Rules
and Regulations, including any requirements applicable to the applicant for such services,
such as the provision of necessary rights-of-way or easements.
Section 9. Excavation Maintenance and Restoration. The work under this
Ordinance shall be done subject to the supervision of the City. The Company shall
replace or properly relay and repair any sidewalk, street, lawn, landscaping or swale that
may be displaced by reason of such work. Except where law requires the cost to be
borne by City, whenever the Company shall cause any opening or alteration to be made
in any of the streets or public places within the City for the purpose of installing,
maintaining, operating or repairing its equipment, such work shall be completed at the
Company's expense within a reasonable time and the Company shall upon the
completion of such work restore such portion of the streets or other public places to
substantially the same condition as it was before the opening or alteration was so made
5
and will promptly remove any debris. Upon failure of the Company to perform said repair
or restoration, after twenty (20) days' notice provided in writing by the City to the
Company, the City may repair such portions of the sidewalk, street, lawn, landscaping or
swale that may have been disturbed by the Company and collect the cost so incurred
from the Company. The City shall promptly provide to the Company all permits, licenses
and other authorizations reasonably necessary for the purpose of installing, maintaining,
operating and repairing the system and facilities.
Section 10. Use of Streets and Riahts.of.Wav. All poles, wires, cables,
underground conduits, manholes and other fixtures erected by the Company in, upon,
along, across, above, over and under the public roads, streets and rights-of-way within
the corporate limits of the City shall be so located as not to unreasonably interfere with
the use of the streets, avenues, alleys, and public rights-of-way by the traveling public
and to cause minimum interference with the rights or reasonable convenience of property
owners who adjoin any of the said roads, streets and public rights-of-way.
Section 11. Comolaints. All complaints shall be addressed or resolved by the
Company in accordance with the Florida Public Service Commission rules and
regulations if applicable.
Section 12. Successors and Assians. Whenever in this Ordinance either the
City or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company.
6
Section 13. City's Riaht to Reaulate Use of Streets not Abroaated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights, provided, however, that such regulation shall not be inconsistent with the
rights granted herein.
Section 14. Written Acceptance bv the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
Section 15. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 16. Repeal. Ordinance No. 96-26 concerning the same subject matter
as this Ordinance is hereby repealed.
Section 17. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
, who moved its adoption on first reading. This motion
was seconded by Councilmember , and upon being put to a
vote, the vote was as follows:
7
Council member Jay R. Beskin
Council member Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M, Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The
foregoing
Ordinance
was
offered
by
Council member
, who moved its adoption on second reading. This motion
was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of December, 1996,
PASSED AND ADOPTED on second reading this _ day of January, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
8
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Noise Ordinance
1st Reading December 17,1996 City Council Meeting Agenda Item M
2nd Reading January 7,1997 City Council Meeting Agenda Item 1-e-
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance regulating
excessive noise to protect our residents. This Ordinance was prepared to respond to
several situations that have occurred in the City that have been brought to our attention.
BACKGROUND
The Ordinance declares the following acts to be in violation of the Ordinance:
1. Excessive noise;
2. Horns, signaling devices, etc.;
3. Radios, televisions, musical instruments, etc.;
4. Animals, birds, etc., between the hours of 11 :00 p.m. and 7:00 a.m.;
5. Exhausts;
6. Construction between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and
5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
holidays;
7. Firearms or explosives;
8. Loudspeakers or sound amplifiers between the hours of 11 :00 p.m. and 7:00
a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and holidays;
9. Loading and unloading between the hours of 7:00 p.m. and 7:00 a.m. on
weekdays and 7:00 p.m. and 8:00 a.m. on weekends and holidays;
10. Commercial maintenance equipment within 100 feet of any residential area
between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m.
weekends and holidays;
Memo to City Council
Page 2
The Ordinance provides for a permit process for special events that are expected to
have noise levels which exceed the Ordinance. The Ordinance provides for
enforcement by the Community Development Department and the Police Department
and establishes a fine system.
The Ordinance was developed based on a review of similar ordinances from North
Miami Beach, Bal Harbour, Coral Gables and Key Biscayne.
If you have any questions, please feel free to contact me.
EMS/aca
CC0182-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date of the adoption of the City Charter; and
WHEREAS, this City Council wants to repeal any conflicting provisions of the
County Code pertaining to excessive noise, and establish its own definitions and
prohibitions against excessive noise, as well as enforcement and penalties for violations;
and
WHEREAS, it is protective of the public health, safety and welfare and in the public
interest of the residents of the City for the City Council to regulate excessive noise; and
WHEREAS, nothing in this Ordinance shall impair the enforcement of noise
restrictions imposed upon private property pursuant to the provisions of Restrictive
Covenants of Homeowners' Associations and Master Associations or the provisions of
Declarations of Condominium or bylaws, rules or regulations issued thereunder.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
1
Section 1, Prohibition. It shall be unlawful for any person to make, continue or
cause to be made or continued any noise disturbance. For purposes of this Ordinance,
the term "noise disturbance" shall mean any sound in quantities which are or may be
potentially harmful or injurious to human health or welfare, or which unnecessarily
interferes with the enjoyment of life or property, including outdoor recreation, of a
reasonable person with normal sensitivities.
Section 2. Definitions. The following words, terms and phrases when used in
this Ordinance shall have the meaning ascribed to them in this Section, except where the
context clearly indicates a different meaning:
A. Alarm, Any fire, burglary, motor vehicle, motorboat or civil defense alarm,
whistle or similar stationary emergency signaling device.
B, Construction. Any site preparation, assembly, erection, substantial repair,
alteration, demolition or similar action, of public or private rights-of-way,
structures, utilities or similar property.
C. Emeraencv. Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention.
D. Holidavs. In addition to Sundays, those days declared by the laws of the State
to be legal holidays, including New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
E. Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by
mechanical power, gas or diesel, and used on the public roads and highways
in the transportation of people or property,
F. Motorboat. Any vessel which is propelled or powered by machinery and which
is used or capable of being used as a means of transportation on water.
Section 3. Prohibited Acts. The following acts are declared to be loud,
excessive, unnecessary, or unusual noises in violation of this Ordinance:
A. Excessive Noise. Any noise which is hazardous to public health, welfare,
safety or the quality of life within the limits of the City or of such character,
intensity or duration which disturbs the public peace and welfare.
B, Horns. Sianalina Devices. etc. The sounding of any horn or signaling device
on any Motor Vehicle or Motorboat on any street or place in the City, except as
a danger warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of any such device for
2
any unnecessary and unreasonable period of time.
C. Radios, Televisions, Phonoaraphs, Musical Instruments, etc. The using,
operating, playing, or permitting to be played, used or operated any radio,
television, phonograph, musical instrument, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the peace,
quiet and comfort of the neighboring inhabitants, or at any time with louder
volume than is necessary for convenient hearing for the person or persons who
are in the room, Motor Vehicle, Motorboat or area in which such machine or
device is operated and who are voluntary listeners thereto. The operation of
any such radio, television, phonograph, musical instrument or other machine or
device between the hours of 11 :00 p.m. and 7:00 a.m. on weekdays and 12:00
a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be
plainly audible at a distance of 100 feet from the building, structure, Motor
Vehicle, or Motorboat in which it is located shall be prima facie evidence of a
violation of this Ordinance.
D. Animals, Birds, etc. The owning, possessing or harboring of any animal or bird
which causes, between the hours of 11 :00 p.m. and 7:00 a.m., frequent or
continued noise which is plainly audible at a distance of 100 feet from the
building or structure in which the animal or bird is located.
E, Exhausts. The discharge into the open air of the exhaust of any engine,
stationary internal combustion engine, Motor Vehicle or Motorboat engine,
except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
F. Construction. The conducting of Construction on the exterior or outside of
any structure or upon any open structure or the creation of a noise disturbance
in connection with the conducting of construction within the interior of an
enclosed structure between the hours of 6:00 p.m. and 7:00 a.m. on weekdays
and 5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
Holidays, except for Emergency work. Notwithstanding the foregoing, the
creation of a loud or excessive noise in connection with the use and operation
of heavy equipment for earth moving and compacting, concrete demolition or
pile driving is prohibited at any time on Saturdays and Sundays. If Emergency
work is to be performed, the owner of the property upon which such
Emergency work is to be performed or the property owner's authorized
representative shall notify the City Manager's Office prior to the
commencement of such Emergency work
G. Firearms or Explosives. The use or firing of any explosives, firearms or similar
devices, except in an Emergency, or using or firing firecrackers, skyrockets or
3
the like without the prior approval of the City Manager.
H. Loudspeaker or Sound Amplifier. The using or operating of any loudspeaker,
loudspeaker system, sound amplifier or other similar device between the hours
of 11 :00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on
weekends and Holidays, such that the sound therefrom is plainly audible at a
distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in
which it is located; provided, however, that this shall. not apply to any public
performance, gathering or parade for which a permit has been obtained from
the City Manager pursuant to Section 4 of this Ordinance.
I. Loadinq or Unloadinq. The creation of a noise disturbance in connection with
the loading, unloading, opening, closing or other handling of boxes, crates,
containers, refuse cans or other objects between the hours of 7:00 p.m. and
7:00 a,m. on weekdays and 7:00 p.m. and 8:00 a.m, on weekends and
Holidays,
J. Commercial Maintenance Equipment. The use of commercial maintenance
equipment which creates a noise disturbance in connection with the operation
of said equipment within 100 feet of any residential area between 7:00 p.m.
and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and Holidays,
K. Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or
Motorboat so out of repair, so loaded or in such a manner as to create loud or
unnecessary grating, grinding, rattling or other noise.
L. Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and
vendors which disturbs the peace and quiet of the neighborhood.
M. Schools. Courts. Hospitals, Places of Reliqious Worship. The creation of a
noise disturbance on any street or place adjacent to any school, court, hospital
or place of religious worship, while the same are in use, which unreasonably
interferes with the operation of such institution or which disturbs or unduly
annoys the persons within such institutions.
N. Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving
airplane or any other kind of aircraft, over any part of the City, for advertising or
other purposes.
O. Open Air Concerts. Musical Broadcasts. etc. The playing, broadcasting or
transmitting of music in such a manner as would reasonably be calculated to
attract a crowd or cause persons to congregate in or on any open space, lot,
yard, park, sidewalk or street, or to permit the same to occur on or from any
4
-
property owned, leased or occupied by said person(s) without first having
obtained a permit to do so as provided in Section 4 of this Ordinance; except
no permit shall be required of any person(s) in order to engage in such activity
within the residential property wherein such person(s) resides,
Section 4. Permits for Special Events. Upon written application to the City
Manager or his or her designee submitted a minimum of ten days prior to an event at
which noise levels are expected to violate this Ordinance, the prohibitions or hour
restrictions contained herein may be modified subject to such conditions as the City
Manager may impose, The decision of the City Manager shall be final and not subject to
appeal, except by writ of certiorari in accordance with law.
A. Permit Application Information. The application for a permit under this
Section shall contain the following information:
1. The name, date of birth, address and telephone number of the person who will
be in charge of the activity or event for which a permit is requested;
2, The name of the person or entity seeking the permit;
3. The exact date and time for which the permit is sought;
4. The exact location of the activity or event for which a permit is requested; and
5. A description of the activity or event for which a permit is requested,
B. Permit Contents. Time Restrictions. Permits issued under this Section shall
specify the date and time during which the activity or event authorized by
permit may be conducted. No permit shall be issued which encompasses more
than one calendar day, or a span of hours in excess of eight hours; nor shall
the requested activity or event commence or continue beyond the hour of
11 :00 p.m. in any case.
C. Procedures for Administrative Permits. The City Manager is hereby authorized
to promulgate reasonable rules and procedures for the application, issuance
and revocation of such permits.
D. Criteria for Permit Issuance: Postinq of Bond. Issuance of a permit under this
Section shall be based on a determination by the City Manager or his or her
designee that the activity or event for which a permit is requested does not
constitute a threat to public safety; constitute a danger or impediment to the
normal flow of traffic; or constitute a potential disturbance of the peace and
quiet of persons outside the premises where the activity or event is located,
5
The City Manager or his or her designee may require that a bond be posted in
an amount sufficient to secure the costs of cleanup, repair or replacement of
damage or destruction of property and shall be subject to forfeiture for
purposes of paying any such costs.
E. Person Desiqnated As Beinq In Charqe To Be Present. The person
designated in the permit application required in this Section as being the
person in charge of the activity or event for which the permit is sought must
remain at the location of said activity or event during the entire time stated in
the permit. It shall be unlawful and a violation of this Section for said
designated person in charge to fail to remain in attendance at the location of
the activity or event authorized by the permit for the entire time specified in the
permit.
Section 5. Exemptions. The terms and prohibitions of this Ordinance shall not
be applied to or enforced against:
A. Any Motor Vehicle, Motorboat or other vehicle of the City, the County, the State
or licensed public utility vehicle within the City while engaged in necessary
public business,
B. Excavation or repairs of bridges, streets, highways, street lights or utilities, by
or on behalf of the City, the County, or the State, or performance of such work
during the night if the public welfare and convenience renders it impossible to
perform such work during the day,
C, A reasonable use of amplifiers or loudspeakers in the course of public
addresses or gatherings which are non-commercial in character; noise
generated in the course of a special activity or event which has obtained a
permit pursuant to Section 4 of this Ordinance; noise generated for the purpose
of alerting persons to the existence of an Emergency or noise generated in the
performance of Emergency work.
Section 6. Enforcement. This Ordinance shall be enforced by the City
Community Development Department and Police Department or any other official of the
City authorized to enforce this Ordinance
Section 7, Penalties. A City Police Officer or Code Enforcement Officer
("Officer") who finds a violation of this Ordinance shall issue a citation to the violator
requiring immediate correction of the violation, and shall impose a fine in the amount of
$150.00 for which the violator shall be liable. If the violation is not corrected immediately
by the violator after issuance of the citation, the Officer shall issue a second citation and
shall impose an additional fine in the amount of $350.00. In the event that the violation
6
continues after issuance of the second citation to the violator, the violation shall constitute
a public nuisance and may subject the violator to arrest pursuant to State law.
Section 8. Repeal of Conflictina Provisions. That any conflicting provIsions,
ordinances or resolutions of the County Code, including Section 21-38 thereof, as made
applicable to the City by Section 8.03 of the City Charter, are hereby repealed in their
entirety.
Section 9, Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 10. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 11. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Council member
Holzberg, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M, Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
absent
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading, This motion was seconded by
Council member
and upon being put to a vote, the vote was as
7
follows:
Council member Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of December, 1996.
PASSED AND ADOPTED on second reading this
,1997.
day of
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
8
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
Eric M. Soroka, City Manager ~
Ken Cohen, Councilmember ~ G1"S
January 2,1997
DATE:
SUBJECT:
Resolution Urging State Legislature To Enact Legislation To Prohibit
Use of Cellular Telephones While Operating A Moving Motor Vehicle
Please place on the next Council agenda under "Other Business" a discussion item and
possible action by the City Council to adopt a Resolution urging the State Legislature to
enact a law to prohibit the use of cellular telephones while operating a moving motor
vehicle,
Attached is a copy of the Resolution adopted by Metropolitan Dade County to that
effect.
KC/tms
attachment
legislative FIIi~
Ig 8oc:fy
ty Attorney's Office
%3931
Date Action
12I1ti/9(. RercllTlll!
Sent To Due Oate Returnec2 Pa$slFafl
I'ohey Fomntllllion IIt1c.1lnlenlSl
~llJlpllrt (;onuniucc
lofCOlll1ty
lissionerll
121171% Amended
Note: nle LiOlanlllln'ludcd litis !"e'lO!ttlion a~ Inoved hy COIllmi!lsiQllCl' Cttn.-y and Mo'COtlucd by
COl111ni~,"mler Burke. 'l1ti~ \'l:!iDluticlIl WlI.~ Q~"Sjgucd R-I467-96,
BQdy:
I WHEREAS, cellular telephones have become a popul3r lneallS of communication: and
WHEREAS. lhe utilizalion of cel\1I.Iar pIlollC$ while operating a moving motor vehicle is
, halrJlrdous 10 lhe welfare of lhe cilizens of Dade County ~nd the Stale of Florida: and
WHEREAS. the regulation of lhe use of cellular phones by molorislS..is prc"cIUPIC(I by the
Slate Legislalure.
NOW: THEREFOR.E... BE IT RESOLVED BY THE BOARD OF, COUNTY
COMMISSIONERS OF DADE COUNTY. FLORIDA. tbalthis Board hcrebf urges the Stale
Legislature to enact the appropriate legislation to prohibit the use of cellular phoncs while
operaling a moving motor vehicle, .
Effective: The Chairperson thCl'C\lpon declared. the reSolution duly passed and adopted .his 17th day of
December. 19')6, nlis resolulion shall become ctrcclive tCII (Ill) days aller the dale of its
adoption t1nle~. vetoed by Ihe Mayor. and ifvctocd. shall become effective only upon an
override by this &lard,
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
8e'ore the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review tlkla Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
PUBLIC NOTICE OF PROPOSED
ORDINANCES OF THE CITY OF
AVENTURA JAN. 7, 1997
In the.......... .~.~~~?>;~~.................. Court,
wrrJ~"S~~ ~n sf~n~6'paper In the Issues of
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Miami In said Dade County, Florida, for a period of
one year t preceding the fIrst publication of the attached
copy adv Isement; and affiant further says that she has
nelt .r pal nor promised any person, firm or corporation
any Isco I, rebate, commission or refund for the purpose
of s cu 9 this vertlsement for publication In the said
newer.
l.J~
SWR.m to and subscribed before me thllt-
20 uecemoer 9b
day of ......................... A.D. 19......
,.,C~d.~~..-"
(SEAL) ~V Pt.; OFFlCU,L NOTARY SEAL
Sookle Williams personall) ~n to mCt9...... CHERYL H MARMEH
<'~' ('if" COMMISSION t.'UMEiER
.. ,;, ,.
<;1 '~l::< '<{" CC545384
~ jJ MY COMMISSiON EXPIRES
OF nO APR. 12,2000
PUBLIC NOTICE OF PROPOSED
OtlDINANCES OF THE CITY OF
AYENTURA
NOTICE IS HEREBY GIVEN that on Tuesday. the 7th day of Janu-
ary, t997, at a meeting of the City Council of the City of Aventure. to
beheld at 7:00 p.m. in the Council Meeting Room at the Columbia
Aventura Hospital and MSdical Center,' 211 10 Biscayne Boulevard.
Suite 1Q1, Aventura, Florida. the City Council.wiIl consider the adop~
. . 0rdI~.3. gn~co"d feading,--8nIitIed:.._,_.__ ._-<,",".~
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING REGULATIONS GOVERNING THE REMO-
VAl OF CANINE FECAL MATTER FROM PUBLIC AND
CERTAIN PRIVATE PROPERTY. REQUIRING CANINES TO
BE lEASHED ON PUBLIC AND CERTAIN PRIVATE
PROPERTY, PROVIDING FOR SEVERABILITY: PROVID-
ING FOR AN EFFECTIVE DATE,
,!
AN ORDtNANCE QF THE CITY O~ i\VI;NTIJI'l#-, ~LpRlqA
REf!EALING ORDINANCE NQ.,9Q,?!I,~llNG,T,Q,l!ii'L!",""
SOUTH TELECOMMUNicATIONS, INC.:, A NON_EXCL)j:,
SIVE FRANCHISE IN THE CITY OF AVENTURA; AUTHOR'
IZING BELLSOUTH TELECOMMUNICATIONS, INC,. TO
USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF
THE CITY. FOR THE PURPOSE OF ERECTING, CON-
, STRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER;
PROVIDING FORA FRANCHISE FEE; PROVIDING THE
TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE,
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE: PROVIDING FOR DEFINITIONS: ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS: PROVIDING FOR EXEMPTIONS: PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING PROVI-
SIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE,
The proposed OrdinancesITlay be inspected by the public at theQ'-~_
fiee of the City-Clerk, 2999.~.f,":t-91st Street,cSuite 500, Aventura,
Florida. lnterested pBrtie~ rilq~ qppear at th~ Public Hearing and be
heard with l'eipeet-to-,the ~ed Ordinances. Any person wishing to
address,the;City Council: "",*y item. at this Publie Hearing is asked to
re~sler ~ the. City Clerk pl'p)r to t~at item being hea,rd.
In aCCOrdance with the Americans with Disabilities Act of 1990, all
persOns who are, disabled and who need speciaf accommodalionsto
participate in this proceeding because of that disability should contact
the OffiCe of the City Clerk, 466-8901,' not later than two business days
prior to such proceedings.
If a person decides to appeal any decision, made by the C~y Council
with respect to any maUerconsidered at a meeting or hearing,that
person will n~ a record of the proceedings and, for such purpose,
may need to ensure that a verbatim recOrd of the proceedings is
made. which record incfudes the testimony and evidence upon which
the appeal is to be basee!.
Dated this 20th day of December, 1996.
Teresa M. Smith,CMC
City Clerk
J2I2O_ 96-4-122048M
~U~~((b~~~ bcK~UW & KHV~LL ~H.
::Jtlt:l ~tll/U5 JHN tlb ':'!I Ib: 1 (
BERCOW & RADELL, P.A.
FACSIMILl'. TRANSMITTAL SIiEET
TO,
FROM:
Mayor Snyder & Council Members
COMPANY:
City of A ventura
'FAX NtJMRE1I.:
466-8939
Jeffrey Bercow, Esq.
DATE,
January 6, 1997
TOTAl. NO. OF PAGES INCLUDING COVEP.:
3
PHONE NUMBER:
SENDER'S REFERENCE N\,lMBEP"
1053-3
RE,
yotJ!\ REFERE.NCE NUMBER,
o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
1HE INFORMA110N CONrAINED IN 1HlS FACSIMILE MESSAGE TS PRIVILEGED AND CONFIDENTIAL
AND IS nrrENDED ONLY FOR THE USE OF 7HE IND1V1DUAL NAMED ABOVE AND OTHERS W1fO HA. VE
BEEN SPECIElCAUY A UTHORlZED ro RECFJVE SUCH. IF 1HE RECIPIENT [S NOT THE rNrENDED
RECIPIENT, YOU ARE HEREBY N011F1ED THAT ANY DlSSEMINA110N, D[STRIBUTION OR
DUPUCA TlON OF THIS COMMUN/CA T[ON [5 STR[GnY PROH[BITED. [F YOU HA. lIE RECEIVED THIS
COMMUNiCA110N IN ERROR.. OR [F ANY PROBLEMS OCCUR WITH TRANSMISSION, PLEASE
IMMEDIA TELYN011FY US BY TELEPHONE (305) 374-5300,
NOTES/COMMENTS,
zoo 5, BtSCAYNE BOULEVARD, SUITE ISO. "'IAM1, FL >llJl-HIS
~U~~((b~~~ bcK~UW & KHUcLL ,H.
~l:Jb ,U.::::> UJ .JHn LlO '=:) I
1.0.1.1
LAW OFFICES
BERCOW & RADELL
PROFESSIONAL ASSOCI^TION
F'IR$T UNION FINANCIAL. CENTER. SUITE SSO
ZOO SOUTH BISe"VNi: eOUr..EVARD
MIA...... FLORIOA 33131
JE..REY 8ERCOW
S~N J. F'E:RNANOEZ
JANA K. M~DON~
MICHAEL E. RAOt.LL
OIRECT 1,..1NE: (~) 377-6~~O
TEL~PHONr. (306) 374-5300
FAX (30ep 3'77-6222
January 6, 1997
VIA FACSIMILE AND BY HAND DELIVERY
Mr, Eric Soroka
City Manager
City of A venmra
2999 RE. 191 Street
Suite 500
Aventura, Florida 33180
Re: Prooosed Noise Ordinance
Dear Mr. Soroka:
This law finn represents Trafalgar Associates of Aventura, Ltd. (Trafalgar), the
developer of the Aventura Lakes project. As you know, Aventura Lakes is a new residential community,
approved for 485 single family dwelling units, on the north side ofN,E. 201 Street between N.E. 30~ and
N.E. 34 A venues. It representS a unique, one of a kind residential projeet within the City of A ventura;
Traflagar expects to spend over $/00,000.000 for the development o(this community and construction of
homes within the project, during the anticipated three year buildout of this project.
Trafalgar is ex.tremely conccrned that the proposed AVClltura noise ordinance, currently
scheduled for second reading before the the City Council tomorrow evening, represents an unwarranted
restriction on the development and consuuction activities withiJJ this project. We are enclosing with this
letter a propooed revision of Section 3F of the ordinance, as it relates to constrUction activities, We intend
to appear at tomorrow's City Council meeting, in order to explain out client's position on this malter, and
urge the Council to moderate the proposed restrictions.
We look forward 10 working with you and hearing your thoughts not hi! maller.
m:lm
Enclosure
cc: Mr, Ramon Cacicedo
Mr. Gus Hernandez
Mr. George Berlin
Richard Weiss, Esq,
Stephen Helfman. Esq.
Mayor and City Council Membon
,.:)\J:J..::.IlbC::C::C:: &t-<I.....Uv.J 6, t-<H1Jt:.LL r'H.
::JUb t-'U..)/lD JHf''i Ub ':l,
lb;lb
SUGGESTED REVISION OF SECTION 3F OF PROPOSED
A VENTURA NOISE ORDINANCE
Section 3. Prohibited Acts. The following acts are declared to be loud, excessive,
unnecessary, or unusual noises in violation of this Ordinance:
.
'"
.
F. Construction. The conducting of Construction on the exterior or outside of any
structure. which is Dlainlv audible at a distance of 100 feet from the boundaries of the
Drot)CrtV UDon which such constrUCtion is located: or the conductin!! of construction
upon any open structUre which is DlainIv audible at a distance of 100 feet from the
boundaries of the DroDertv UDOn which such construction is located; or the creation of
a noise disturbance in connection with the conducting of construction within the
interior of an enclosed suucture~ which is Dlainlv audible at a distance of 100 feet
from the boundaries of the Dronertv UDon which such construction is located. betWeen
the hours of 6;00 p.m. and 7 :00 a.m. on weekdays and 5 ;00 p.m. and 8:00 a.m. on
Saturdays and at anytime on Sundays and Holidays, except for Emergency work.
Notwithstanding the foregoing, the creation of a loud or excessive noise in connection
with the use and operation of heavy equipment for earth moving and compacting,
concrete demolition or pile driving. which is DJAinlv audible at a distance of 100 feet
from the boundaries of the DrooertV UDOn which such work is bein!! nerfonned. is
prohibited at any time on Saturdays and Sundays. If Emergency work is to be
performed, the owner of the property upon which such Emergency work us to be
performed or the property owner's authorized representative shall notify the City
Manaeer's Office prior to the commencement of such Emergency work.
Underlined lanl!Ualle within the body of subnarallrallh 3F reoresents sUI!!!ested revisions
to the llrooosed onfuw!,ce.