02-04-1997 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
FEBRUARY 4, 1997 7 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, Councilmember
Patricia Rogem-Libert, Councilmember
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 ars pleased that you have demonstrated an Interest in the City of Aventura by attending a City
Council meeting. We hope you will attend mors 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 slx 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 prsvldee recommendations to the City Council on
policy issues.
The City Council Meeting is a formal 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 requirs formal 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
Addrsssing 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 mors 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 rsmarks or who becomes boisterous
while addressing the Council, shall be barred from further audience befors the Council by the
Mayor, unless permission fo 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 permitted, No signs or placards shall be
allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly.
The above rspresents a summarization of the Comprshensive Council Meeting and Agenda
Procedures Resolution. Copies of this resolution ara available from the Office of the City
Manager.
City of Aventura
The City of Exce/lence
Arthur I. Snyder, Mayor
Arthur Berger, Vice Mayor
Councilmembers
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Council Meeting
February 4, 1997 - 7 p.m.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: Council Meeting - January 21, 1997
4. AGENDA: Request for Deletion/Emergency Additions
5. SPECIAL PRESENTATIONS:
A RESOLUTION OF TIlE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, APPROVING
THE APPOINTMENT OF MEMBERS TO THE CITY
OF AVENTURA PLANNING ADVISORY BOARD;
AND PROVIDING AN EFFECTIVE DATE.
Presentation of Certificates to Members of the Planning Advisory Board
6. CONSENT AGENDA
A. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AWARDING AND
February 4, 1997 Council Meeting
Be
LETTING A BID/CONTRACT FOR BID NO. 97-1-13-
2, PAVEMENT REPAIR MAINTENANCE
REMOVAL REPLACEMENT; STORM DRAINAGE
REPAIR MAINTENANCE; CURB SIDEWALK
REPAIRS; TO COMMUNITY ASPHALT, INC., AT
THE BID PRICES CONTAINED IN EXHIBIT "A";
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 public works activities)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, SUPPORTING
MUNICIPAL JURISDICTION AND AUTHORITY
OVER LOCAL ROADS WITHIN MUNICIPAL
BOUNDARIES; AND PROVIDING AN EFFECTIVE
DATE.
(Supports ability of cities to have jurisdiction and authority
over local roads)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT
LEGISLATION TO REPEAL THE PREEMPTION
LANGUAGE IN THE FLORIDA CLEAN INDOOR
AIR ACT AND RETURN TO LOCAL
GOVERNMENT THE RIGHT TO ENACT AND
ENFORCE TOBACCO-RELATED ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
(Urges the State to allow local government to enact and
enforce tobacco-related laws)
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
February 4, 1997 Council Meeting
CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
(Provides for three additional police dispatch positions for
thc remainder of the fiscal year to provide a full service
police communications center)
7. PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; REPEALING SECTION 2-11.1(s) OF THE
METROPOLITAN DADE COUNTY CODE;
ENACTING REGULATIONS
LOBBYING ACTIVITIES IN
PROVIDING DEFINITIONS;
REGISTRATION OF LOBBYISTS;
FOR REGISTRATION FORMS;
FILING AND DISCLOSURE OF ANNUAL
EXPENDITURES; PRESCRIBING PENALTIES FOR
VIOLATION; PROVIDING A LOBBYIST
REGISTRATION FEE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
GOVERNING
THE CITY;
REQUIRING
PROVIDING
REQUIRING
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 SEVERAB1LITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
8. RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING A NON-
EXCLUSIVE UTILITY EASEMENT TO FLORIDA
POWER & LIGHT ("FPL'); AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH UTILITY
EASEMENT; AUTHORIZING THE CITY MANAGER
February 4, 1997 Council Meeting
o
10.
11.
12.
TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
OTHER BUSINESS
DISCUSSION AND POSSIBLE MOTION TO REQUEST
CITY MANAGER TO CONDUCT INTERNAL
ROADWAY STUDY FOR THE AREA SOUTH OF NE
187TM STREET (Councilmcmber Pcrlow)
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)
DISCUSSION AND POSSIBLE MOTION REGARDING
SURVEY OF SUNNY ISLES RESIDENTS
(Councilmember Cohen)
REPORTS
PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSfEVENTS:
WEDNESDAY, FEBRUARY 12, 1997 9 AM
COUNCIL WORKSHOP*
TUESDAY, FEBRUARY 18, 1997
7 PM
COUNCIL MEETING
*Government Center, 2999 NE 191st Street, Suite 500, Aventura, Florida 33180
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 later 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 191 st Street, Suite
500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 466-8901.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JANUARY 21, 1997 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur
Snyder at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Muriel Cohen led the pledge of allegiance.
APPROVAL OF MINUTES: A motion to approve the minutes of the January 6,
1997 Workshop Meeting and to approve minutes of the January 7, 1997 Council
meeting, with an amendment to paragraph 7.A. to provide that Vice Mayor Berger's
motion was referring only to leashing of canines was offered by Councilmember
Cohen seconded by Councilmember Rogers-Libert and unanimously passed.
AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Cohen requested the removal of item 6.C. from the Consent
Agenda to be addressed under item 9.B. and deferral of item 9.C.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Councilmember Rogers-Libert, seconded by Councilmember Holzberg,
unanimously passed, and the following action was taken:
Mr. Weiss read the following ordinance, by title, which was
passed unanimously by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; REPEALING SECTION 2-11.1(s) OF THE
METROPOLITAN DADE COUNTY CODE; ENACTING
REGULATIONS GOVERNING LOBBYING ACTIVITIES IN
THE CITY; PROVIDING DEFINITIONS; REQUIRING
REGISTRATION
REGISTRATION
DISCLOSURE
PRESCRIBING
PROVIDING A
PROVIDING FOR SEVERABILITY,
CODE AND AN EFFECTIVE DATE.
OF LOBBYISTS; PROVIDING FOR
FORMS; REQUIRING FILING AND
OF ANNUAL EXPENDITURES;
PENALTIES FOR VIOLATION;
LOBBYIST REGISTRATION FEE;
INCLUSION IN THE
B. Resolution No. 97-04 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
AMENDMENT TO THE AGREEMENT FOR BUILDING
INSPECTION AND PLAN REVIEW PROFESSIONAL
SERVICES WITH C.A.P. ENGINEERING CONSULTANTS,
INC.; AND PROVIDING AN EFFECTIVE DATE.
Mr. Weiss noted that pending confirmation as to the certification of building
inspectors, the Agreement would be amended to provide that in the event of
termination, it shall be immediate.
D. The following motion was approved:
MOTION TO ADOPT A BUS BENCH ADVERTISING
POLICY AS OUTLINED IN THE CITY MANAGER'S
RECOMMENDATION TO REMOVE BENCHES WITH
ADVERTISING AND REPLACE WITH MORE
ATTRACTIVE BENCHES
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
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.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert, seconded by Councilmember Perlow, unanimously
passed by roll call vote and Ordinance No. 97-03 was enacted.
B. Mr. Weiss read the following ordinance by title:
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.
Mayor Snyder opened the public hearing. Mr. Lionel Socolov, 3530 Mystic Point
Drive, addressed Council. There being no further speakers, the public hearing was
closed. A motion to approve the ordinance was offered by Councilmember Rogers-
Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote
and Ordinance No. 97-04 was enacted.
RESOLUTIONS: NONE
OTHER BUSINESS:
MOTION TO APPROVE LANDSCAPE PLAN FOR TOWN
TAVERN OF AVENTURA, INC., AND HOOTERS OF
AVENTURA, INC., AS A CONDITION OF ZONING
APPROVAL FOR HEARING NUMBER 96-6-ACC-2 (95-
541)
Mr. William O'Leary, City Landscape Architect, addressed Council. A motion to
approve the landscape plan was offered by Councilmember Rogers-Libert,
seconded by Councilmember Holzberg and unanimously passed.
B. DISCUSSION: IMPLEMENTATION OF ROADWAY
CONVERSION POLICY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ADOPTING A POLICY GOVERNING
THE CONVERSION OF PRIVATE ROADS TO PUBLIC
ROADS IN THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Soroka reviewed the conversion policy as recommended by the Council sub-
Committee. A motion to adopt the Roadway Conversion Policy was offered by
Councilmember Rogers-Libert, seconded by Councilmember Perlow, unanimously
passed and Resolution No. 97-05 was adopted. Councilmember Beskin
requested that the Memorandum referred to in the Resolution be identified as
Exhibit "A" thereon. Mr. Soroka then reviewed the procedure for implementation of
the policy.
C. De~rred
10. REPORTS: After motion made, seconded and unanimously passed, discussion as
to second reading of the proposed noise ordinance was placed on the agenda and
ensued. A motion to remove discussion of the proposed noise ordinance from the
January 27, 1997 Workshop agenda and proceed with second reading at the
February 4, 1997 Council meeting was offered by Councilmember Cohen,
seconded by Councilmember Rogers-Libert and unanimously passed.
11. PUBLIC COMMENTS: The following individuals addressed Council: Mr. Leonard
Geller, Commodore Plaza; Lionel Socolov; Arthur Grossman, 20100 W. Country
Club Drive; Emil Hubschman, 3640 Yacht Club Drive; Harry Crook, Commodore
Plaza; Don Brodey, Williams Island; Steve Weisberg, 20100 W. Country Club Drive;
and June Stevens, Del Vista Townhomes.
12. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting adjourned at 8:30
p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or heedng will need a
record of the prcceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record inciudes
the testimony and evidence upon which the appeal is to be based.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA PLANNING ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 96-33, the City Council of the City of Aventura
provided for the creation of the Planning Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Council wishes to provide for approval of members to
the Planning Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby approves the appointment by the Mayor of
the following individuals to the Planning Advisory Board:
Leonard Brenner
Jan Brooks
Roy Cohen
Alvin Epstein
Bill Landa
Marian Nesbitt
Margaret Reeves
Section 2. 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 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 this 4th day of February, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
City Council ~
Eric M. Soroka, Ci ler
Robert M. Sherman, [ r of Community Services'-.i~-~__ ,,
January 23, 1997
Recommendation to Award Bid Number 97-1-13-2
PavementJStorm Drainage/Curb and Gutter
Maintenance and Repair
In accordance with the City's Purchasing Ordinance, bids for street, curb, gutter,
sidewalk, and storm drainage repair and maintenance were solicited, advertised, and
opened on January 13, 1997.
RECOMMENDATIONS ~
A. It is recommended that the City Council award the Pavement Repa nd
Maintenance, Storm Drainage Repair and Maintenance, and Curb and Sidewalk
Repair portions of the bid described herein to Community Asphalt Inc.
B. No bid award is recommended for the street sweeping portion as all the bids
received are high for this service. We have received a price of $35 per curb mile
from Certified Sweeping Inc. for this service versus the lowest bid price of $95 per
curb mile.
C. It is not recommended that this bid be split amongst the bidders, as this can present
contract administration difficulties when two contractors performing different
services are working on the same project, especially when there is an
interdependence on a competing firm for successful completion.
BACKGROUND
The City Council has established privatization of street and drainage maintenance as
one of the goals and priorities to be completed in this fiscal year. Awarding this bid
puts this priority into action. It is anticipated that the contractor will be performing this
job function within two weeks after the bid award.
January 23, 1997
City Council
Page Two
Three firms submitted bids that were opened on January 13, 1997. These bids were
analyzed on an item for item basis, comparing unit prices from the three bidders
(please see Exhibit "A") grouped under four general areas. These areas were defined
as;
Pavement Repair and Maintenance
Storm Drainage Repair and Maintenance
Curb and Sidewalk Repair
Street Sweeping
Community Asphalt was the Iow bidder on seventy four (74) of the ninety nine (99)
items contained in the bid package relating to maintenance, repair, and replacement
functions. The Consulting Engineers, Keith and Schnars, also reviewed this bid and
recommend award to Community Asphalt for all three areas.
Examples of typical street and sidewalk repair costs from Community Asphalt Inc. are
as follows:
Average size pothole: $ 65.00
Sidewalk addition 20 linear feet): 200.00
One mile of roadway resurfacing: 12,000.00
One mile of thermoplastic striping:5,280.00
One thousand feet of Type F Curb: 9,000.00
RMS/gf
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 97-1-13-2, PAVEMENT REPAIR MAINTENANCE
REMOVAL REPLACEMENT; STORM DRAINAGE REPAIR
MAINTENANCE; CURB SIDEWALK REPAIRS; TO COMMUNITY
ASPHALT, INC., AT THE BID PRICES CONTAINED IN EXHIBIT "A";
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. 96-1-13-2, PAVEMENT REPAIR
AND MAINTENANCE; 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 Community Asphalt, Inc., 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/contrac{ to said lowest responsible and
responsive bidders;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 97-1-13-2, PAVEMENT REPAIR
Resolution No.
Page 2
AND MAINTENANCE, be and the same is hereby awarded to Community Asphalt, Inc.,
at the bid prices contained in Exhibit "A" attached.
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 a 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: That 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: That 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. 01-50-539-3-30-3160.
.Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
The motion was seconded by
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
, who moved its adoption.
and upon being put to a vote, the
Resolution No.
Page 3
PASSED AND ADOPTED this
day of
,1997.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ARTHUR I. SNYDER, MAYOR
CITY ATTORNEY
Bid Analysis Exhibit "A"
Bid No. 97-f-f3-2
Storm Drainage, Pavement, Curb, and Sidewalk Repair Maintenance
1 Excavation CY $20.00 $13,10 $10.00
2 Embankment (Fill) CY $25.00 $9.70 $10.00
3 Type B Stabilization SY $8,00 $5,00 $2.00
4 Stabilized Subgrade SY $8.00 $4.60 $2.00
5 Sandbagging CY $80.00 $75.00 $40.00
6 8-Inch Limerock Base SY $20,00 $9,00 $7.00
7 12-Inch Limerock Base SY $30.00 $11.00 $9.00
8 3/4-Inch Asphalt SY $4.15 $6.00 $2.00
90 l-Inch Ashpalt SY $5.55 $6.00 $2.25
1-1/4 Inch Asphalt SY $6.95 $7.00 $2.50
11 2-Inch Asphalt SY $11.10 $9,00 $3.00
12 5/8-Inch FC2 Asph. Conc. Fdction Course SY $4.35 $6.00 $1.25
13 l-Inch FC3 Asph. Conc. Friction Course SY $6.95 $6.00 $2.25
14 Mill Existing Asphalt (1-5/8" Avg. Depth) SY $7.00 $7.00 $4.00
15 Pavement Removal SY $10.00 $5.00 $4.00
16 Temporary Concrete Barrier LF $100.00 $25.00 $15.00
A3 4" Thermoplastic (Yellow) Pavement Markings LF $2.00 $3.00 $1.00
A4 4" Thermoplastic (White) Pavement Markings LF $2.00 $3,00 $1.00
A4 Remove 4" Pavement Markings LF $2.50 $6.00 $2.00
A6 Patch Repair Crew Mobilization EA N/A $790,00 $500.00
A6 Total Repair Crew Mobilization EA N/A $790.00 $500.00
A6 Milling Repair Crew Mobilization EA N/A $790.00 $1,000.00
A6 Maintenance of Traffic % N/A 4.0 4.0
A6 Testing & Miscellaneous % N/A 2,0 2.0
Bold Italic = Low Bid Page 1
Bid Analysis Exhibit "A"
Bid No. 97-1-I3-2
Storm Drainage, Pavement, Curb, and Sidewalk Repair Maintenance
Item storm Drainage Repair and K~aintenance Unit 0f Fl~d~ Red!and Cpm~Un~
EP~C~o~ ~phalt
1 Excavation CY $15.00 $13,10 $10.00
2 Embankment (Fill) CY $18.00 $9.70 $10.00
3 Type B Stabilization CY $8.00 $5.00 $2.00
4 Tree Removal EA $300.00 $500.00 $300.00
5 Topsoil (4 Inches) SY $5.00 $3.00 $5.00
8 Seed and Mulch SY $0.50 $4.00 $0.50
7 Sodding SY $4.00 $4.00 $2.00
8 Inlets (Curb) (Type P-5) (<10) EA $3,900.00 $3,500.00 $2,500.00
90 Inlets (Curb) (Type P-5) (Part) EA $3,300.00 $3,500.00 $1,500.00
Inlets (Curb) (Type P-6) (<10) EA $4,400.00 $4,000.00 $3,200.00
11 Inlets (Curb) (Type P-6) (Part) EA $4,050.00 $4,000.00 $1,700.00
12 Inlets (Curb) (Type J-5) (<10) EA $6,950.00 $4,200.00 i $3,500.00
13 Inlets (Curb) (Type J-6) (<10) EA $7,850.00 $4,300.00 $3,570.00
14 Inlets (Ditch Bot) (Type B) (<10) EA $4,350,00 $3,200.00 i $3,000.00
15 Inlets (Ditch Bot) (Type C) (<10) EA $2,450.1)0 $3,200.00 I $2,500,00
16 Inlets (Ditch Bet) (Type C) (JBot<10) EA $2,700.00 $3,200.00 $3,000,00
17 Inlets (Ditch Bet) (Type C) (PBet<10) EA $2,700.00 $3,200.00 $3,000.00
18 Inlets (Ditch Bot) (Type C Mod) (<10) EA $1,850.00 $3,200.00 ! $3,500.00
19 Inlets (Ditch Bet) (Type F) (<10) EA $3,350,00 $3,200.00 ! $3,000.00
20 Overflow/Retardant Baffle 30 In. LF $800.00 $400,00 $200.00
21 Overflow/Retardant Baffle 36 In. LF $1,000.00 $500,00 $400.00
22 Overflow/Retardant Baffle 60 In. LF $1,500.00 $650.00 $600.00
23 Conflict Structure EA $12,000.00 $6,500.50 $10,000.00
24 Manholes (Type P-TT) (<10) EA $3,050.00 $2,900.00 $2,500.00
25 Manholes (Type P-7T) (>10) EA $3,500.00 $3,100.00 $4,000.00
26 Manholes (Type P-TT) (Partial) EA $2,650,00 $2,800.00 $750.00
27 Manholes (P-7) (Conflict) EA $9,000.00 $6,300.00 $7,500,00
28 Manholes (J-7) (<10') EA $6,600.00 $5,000.00 $7,500.00
29 Manholes (J-7T) (>10') EA $6,600.00 $5,000.00 $7,500.00
30 Adjusting inlets EA $1,600.00 $650.00 $1,500.00
31 Adjusting Manholes EA $600.00 $490.50 $750.00
32 Yard Drains EA $1,000.00 $600.00 $1,000,00
33 Pollution Control Str. (Type W) EA $1,500.00 $6,000.00 $5,000.00
34 Pollution Control Str. (Type M) EA $~.500.00 $6,000.00 $5,000.00
35 Junction Box (P-7) (Partial) EA $2,415.00 $3,900.00 $1,1)00.00
36 Junction Box (J-TT) (<10) EA $4,400.00 $4,700,00 $7,500.00
37 Junction Box (J7NT) (Partial) EA $4,400.00 $4,000.00 $2,500.1)0
38 Conc. Pipe Culvert (15 In. SS) LF $80.00 $33.00 $35.00
39 Conc, Pipe Culvert (18 In. SS) LF $90.00 $43.00 $37.00
40 Conc. Pipe Culvert (24 In. SS) LF $100.00 $53.00 $40.00
41 Conc. Pipe Culvert (30 In. SS) LF $125.00 $63.00 $45.00
42 Conc. Pipe Culvert (36 In. SS) LF $150.00 $73.00 $50.00
43 Clearing and Grubbing AC $8,900.00 $2,500.1)0 $7,500.00
A8 Culvert Cleaning LF $50.00 $56.00 $20.00
Bold Italic = Low Bid Page 2
Bid Analysis Exhibit "A"
Bid No. 97-1-13-2
Storm Drainage, Pavement, Curb, and Sidewalk Repair Maintenance
Roadway Construction:
1 Excavation CY $15.00 $13.10 $10.00
2 Embankment (Fill) CY $18.00 $9.70 $10.00
3 Type B Stabilization SY $8.00 $5.00 $2.00
4 Pavement Removal SY $8.00 $5.00 $4.00
5 Pavement Restoration SY $35.00 $27.00 $12.00
6 Temporary Concrete Barrier LF $100.00 $25.00 $15,00
7 Type F Curb and Gutter LF $25.00 $15.00 $9,00
8 Type F Curb and Gutter Removal LF $7.00 $9.00 $4,00
9 Type D Curb LF $25.00 $15.00 $8.00
10 Valley Gutter LF $25.00 $15.00 $8.00
11 Conc. Traffic Separator IV 2' LF $30,00 $35.00 $10.00
12 Conc. Traffic Separator IV 4' LF $35.00 $45.00 $15.00
13 Conc. Traffic Separator IV 6' LF $42.00 $49.00 $20.00
14 Conc. Traffic Separator IV VVV LF $45.00 $80.00 $25.00
15 Tree Removal EA $300.00 $500.00 $300.00
16 Topsoil (4 Inches) SY $5.00 $3,00 $5.00
17 Seed and Mulch SY $0.50 $4,00 $0.50
18 Sodding SY $4.00 $4.00 $2.00
Sidewalk Construction:
19 Concrete Sidewalk (4 In.) SY $30.00 $23.00 $15,00
20 Concrete Sidewalk (6 In.) SY $35.00 $29.00 $20.00
21 5 Ft. Concrete Sidewalk (4 In.) LF $16.00 $12.80 $8,50
22 6 Ft. Concrete Sidewalk (4 In.) LF $19.00 $15.36 $10,00
23 7 Ft. Concrete Sidewalk (4 In.) LF $22.00 $17.92 $11.75
24 5 Ft. Concrete Sidewalk (6 In.) LF $19.50 $16.10 $11.00
25 6 Ft. Concrete Sidewalk (6 In.) LF $23.50 $19.32 $13.50
26 7 Ft. Concrete Sidewalk (6 In.) LF $27.25 $22.54 $16.00
27 5 Ft. Asphalt Sidewalk LF $15.00 $12.00 $~3.00
28 6 Ft. Asphalt Sidewalk LF $18.00 $15.00 $14.00
29 5 Ft. Concrete Sidewalk Removal LF $5.00 $9.00 $5.00
30 6 Ft. Concrete Sidewalk Removal LF $6.00 $9.00 $5.50
31 7 Ft. Concrete Sidewalk Removal LF $7.00 $9.00 $5.00
Bold Italic = Low Bid Page 3
CERTIFICATE
(if Corporation)
COUNTY, OF ~
SS:
HEREBY CERTIFY that a meeting of the Board of Directors of the
COMMUNITY ASPHAI.,T GOP~.
a ~rporation e~sdng under, the la~ of the State of 1'7Olt~' .i:,~. , held on
...~-'~ I _~, , 19 ~ -'¢'- , the following resolution was duly passed and
adopted:
"RESOLVED, that as President of the Corporation, be and is hereby authorized to
I dated, ~ , to the City of Aventura and
e×ec~e
the
1
9
this corpora~o~ and thm~ his execution thereof, a~esfed by the Sec~efaW of the
Corporation, and with the Corporate Seat affixed, shall be the official aG and deed
I of this Corporation."
further certify that said resolution is now in full force and effe¢.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the corporation this 1~ , day of '~r.~'~"~1 ,
Secretar
IN FRE~ENCE OF"
Community .~halt Corp. , ,'
~~,~j~'-~' co~Cr~zoh:~
14005 NW 186 Street
(~ ) ':="-,. ~.,:~
usiness Address . .-. ~ .-
Hi,al eaht Florida
(City/State/Zip)
~3o18,
(305} 829-0700
(Business Phone)
ATTEST:
As per attached Power of Attorney
S_~cretary
Reliance Insuranc.e Company
(Corporate. Surety)'
'Impress Corporate Seal
IMPORTANT
Mar~ C. ~ceves, Attorney-~n-Fac.t.~: :'
Sur~ companies executing bor~ds must ~Ppear on the
Treasury Department's most current ,.list (circular 5?0 as
amended) and be author~-~J to transact business in the State
of Fiorida.
I
CITY OFAVENTURA
BID NO. 97-1-13-2
PAGE NO. 29
PROPOSAL BID FORM
SUBMFI-FEDTO:
City Manager
City of Aventura
2999 N.E. 191st Street
Aventura, Florida 33180
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into
an Agreement with CITY to perform all work as specified in the Bid Documents for
the price(s) and within the time indicated in this Bid, and in accordance with the
terms and conditions of the Bid Documents. The Bidder shall quantify all unit prices
with a breakout of costs at the request of the City for any miscellaneous work and/or
work not specifically referenced.
Bidder accepts and hereby incorporates by reference in this Bid Form all of the
terms and conditions of the Invitation to Bid and Instructions to Bidders and Special
Conditions.
Bidder has examined the various sites of the project and has become fully informed
conceming the local conditions, and nature and extent of work. Bidder has
examined the indemnification provisions, if any, and insurance requirements of the
bid, and accepts and agrees to abide by those terms and conditions without
exception or limitation of any kind.
Bidder has given the City Manager written notice of all conflicts, errors or
discrepancies that it has discovered in the Bid and/or Contract documents and the
written resolution thereof by the City Manager is acceptable to Bidder.
Bidder proposes to furnish all labor, materials, equipment, machinery, tools,
transportation, supplies, services, and supervision for the work described as
follows:
II.
III.
IV.
PAVEMENT REPAIPJMAINTENANCF-./REMOVAL REPLACEMENT
STORM DRAINAGE REPAIR/MAINTENANCE
CURB AND SIDEWALK REPAIR
STREET SWEEPING
BIDDER'S NAME:
COMPANY NAME:
CITY OF AVENTURA
BID NO. 97-1-13-2
PAGE NO. 30
NOTE: The unit price submitted shall not include allocation for mobilization, maintenance
of traffic, testing and miscellaneous costs. For each individual work order issued under
this contract, the City will allow the following percentages to be added to the work order
based on the unit prices:
Mobilization
Maintenance of Traffic
Testing & Miscellaneous
10%
4%
2%
6. Bidder will complete the work for the following price(s):
Io PAVEMENT REPAIR/MAINTENANCE/REMOVAL/REPLACEMENT
SCHEDULE OF BID PRICES
ITEM
ExcavaUon
Embankment (Fill)
Type B Stabilization
Stabilized Subgrade
Sandbagging
8 Inch Limerock Base
12 Inch Limerock Base
3/4 Inch Asphalt
I Inch Asphalt
1 1/4 Inches Asphalt
2 Inches Asphalt
5/8 Inch FC2 Asph Conc FdclJon Course
1 Inch FC3 Asph Conc FdctJon Course
Mill Exis~ng Asph (1-5/8" Avg Depth)
Pavement Removal
Temporary Concrete Barrier
UNIT UNIT
C.Y. $ /0--
C.Y, $
S.Y. $
S.Y. $. Z-~;;~
C.Y. $
S.Y. $
S.Y. $
S.Y. $ ~.-
S.Y. $ Z
S.Y. $ ~'-,',',',',',',',',~
S.Y. $. $~
S.Y. $ ~_L~..___
S.Y. $. Z-~--~
S.Y. $. ,~-.-~'
S.Y. $. 4-
~ SI.P--
"Pavement Marking & Signing Calculation
If the "Roadway Const~'uction Cost Total" (') listed above is greater than $0.00 and up to and including $10,000.00,
multiply said cost by 25%. If the result is less than $1,000.00, enter $1,000.00, otherwise enter the result of said
multiplication.
BIDDER'S NAME:
COMPANY NAME:
CITY OF AVENTURA BID NO. 97-1-13-2
PAGE NO. 31
ti. STORM DRAINAGE REPAIPJMAINTENANCE
SCHEDULE OF BID PRICES
IT[M
Excavation
Embankment (Fill)
Type B Stabilization
Tree Removal
Topsoil (4 inches)
Seed and Mulch
Sodding
Inlets (Curb)
Inlets (Curb)
Inlets (Curb)
Inlets (Curb)
Inlets (Curb)
Inlets (Curb)
Inlets (Ditch
Inlets (Ditch
Inlets (Ditch
Inlets (Ditch
Inlets (Ditch
(Type P-5) (<10)
(Type P-5) (Part)
(Type P-6) (<10)
(Type P-6) (Part)
(Type J-5) (<10)
(Type J-6) (<10)
Bot) (Type B) (<10)
BoO (Type C) (<10)
Bot) (Type C)(JBot<10)
Bot) (Type C)(PBot<10)
Bot) (Type C Mod)(<10)
Inlets (Ditch Bot) (Type F) (<10)
Overflow/Retardant Baffle 30 In
Overflow/Retardant Baffle 36 In
Overflow/Retardant Baffle 60 In
Conflict Structure
Manholes (Type P-7T) (<10)
Manholes (Type P-7T) (>10)
Manholes (Type P-TT) (Partial)
Manholes(P-7) (Conflict)
Manholes (P-7) (Conflict)
Manholes (J-7) (>10')
Manholes (J-7T) (>10')
Adjusting Inlets
Adjusting Manholes
Yard Drains
Pollution Control Str. (Type W)
Pollution Control Str. (Type M)
UNIT UNIT
~ PRICE
C.Y. $ /O--
C.Y. $ /~'-
$.Y. $ ~,-~
E.A. $
S.Y. $
S.Y. $ o~
S.Y. $ 2~
E.A. $
E'.A. $. /~oo"
E.~ $.
E.k $ / 700 -
E.A. $. ~ 7~-o -
E.~ $. ~o~ -
E.~ $.
E.~ $. ~ooo -
E.~ $ ~o~ -
E.~ $ ~-oo ~
E.~' $ ~o~ ~
LF. $ zoo-
LF. $ ~o --
LF.
E.~ $ ~4~o -
E.~ $
E.~ $ ~ --
E.A. $
E.~- $ ~o-
E.A. $ 7~--
E.A. $ ~oo-
E,A. $ /~o-
E.A. $
E.A. $ /~-
E.A. $ ~ ~
E.A. $ ~-
BIDDER'S NAME:
COMPANY NAME:
CITY OF AVENTURA BID NO. 97-1-13-2
PAGE NO. 32
.ITEM
Junction Box (P-7) (Partial)
Junction Box (J-7T) (>10)
Junction Box (J-7NT) (Partial)
Conc Pipe Culvert (15 in. SS)
Conc Pipe Culvert (18 In. SS)
Conc Pipe Culvert (24 In. SS)
Conc Pipe Culvert (30 in. SS)
Conc Pipe Culvert (36 In. SS)
Clearing and Grubbing
I1. STORM DRAINAGE REPAIPJMAINTENANCE
SCHEDULE OF BID PRICES
UNIT UNIT
E.A. $_/o~::,
E.A. $
E.A. $
LF. $_....~
L.F. $
L.F. $,
L.F. $
L.F. $
A.C. $.
LS. $. /./, z~.
LP ~ 2o
BIDDER'S NAME:
COMP ANY NAME:
CITY OF AVENTURA BID NO. 97-1-13-2
PAGE NO. 33
ITeM
ROADWAY CONSTRUCTION
Excavation
Embankment (Fill)
Type B Stabilization
Pavement Removal
Pavement Restoration
Temporary Concrete Barrier
Type F Curb and Gutter
Type F Curb and Gutter Removal
Type D Curb
Valley Gutter
Conc. Traffic Separator IV 2'
Conc. Traffic Separator IV 4'
Conc. Traffic Separator IV 6'
Conc. Traffic Separator IV VW
Tree Removal
Topsoil (4 Inches)
Seed and Mulch
Sodding
SIDEWALK CONSTRUCTION
Concrete Sidewalk (4 In)
Concrete Sidewalk (6 In)
5 Ft. Concrete Sidewalk (4 In)
6 Ft. Concrete Sidewalk (4 In)
7 Ft. Concrete Sidewalk (4 In)
5 Ft. Concrete Sidewalk (6 In)
6 Ft. Concrete Sidewalk (6 In)
7 Ft. Concrete Sidewalk (6 In)
5 Ft. Asphalt Sidewalk
6 Ft. Asphalt Sidewalk
5 Ft. Concrete Sidewalk Rem'l
6 Ft. Concrete Sidewalk Rem'l
7 Ft. Concrete Sidewalk Rem'l
II1. CURB AND SIDEWALK REPAIR
SCHEDULE OF BID PRICES
UNIT UNIT
M_M..,,~,,~J__R~PRICE
C.Y. $ /¢ ~
C.Y. $ /0--
C.Y. $
S.Y. $
S.Y. $
L.F. $
L.F. $ ?-
L.F. $.,,
LF. $. 8-
L.F. $. 0-
L.F. $
BF. $ /,e---- ~'
LF. $
L.F. $
E.A. $ ~oo ~'
S.Y. $
S.Y. $
S.Y. $.
S.Y. $ /~--
S.Y. $ 2~ -
LF. $ ~,,,r'~
bF. $
L.F. $ //?~- .
L.F, $,
L.F. $ /,.~ ~_~,,~
L.F. $ /~ --
LF. $ /7~
L.F. $
L.F. $ ,5--
L.F. $
L.F. $ .~--
BIDDER'S NAME:
COMPANY NAME:
CI'FY OF AVENTURA BID NO. 97-1-13-2
PAGE NO. 34
ITSM #
1.
2.
IV. STREET SWEEPING
Scheduled Street Sweeping Service
Emergency Street Sweeping Service
(As needed basis to include 48 hour
response time)
(Unit Cost Per Curb Mile)
UNIT UNIT
Mile $--,'.,'.,'.,'.,'.,'¢-~ --
Curb Mile
Acknowledgement is hereby made of the following Addenda (identified by number) received
since issuance of the Invitation to Bid:
Addendum No. / Date.
Addendum No. . Date.
Addendum No. Date.
PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW THE
INSURANCE COVERAGE REQUIREMENTS CONTAINED IN THE SPECIAL CONDITIONS
PRIOR TO SUBI~I'I I lNG YOUR BID TO ENSURE COMPLIANCE WITH Al I INSURANCE
REQUIREMENTS.
Communications concerning this Bid shall be addressed to:
Name: -7-~/~o /L~__~.~y/ ,
Address: /~oob- ~,'~
Telephone No. ~-
BIDDER'S NAME:
COMPANY NAME:
Attachment A
Streets to be Swept
Street Location Distance
(in miles)
NE 214 Ter US 1 to NE 29 Ct 0.42
NE 214 St US 1 to NE 29 Ct 0.42
NE 213 St US 1 to NE 29 Ct 0.42
NE 29 Ct NE 213 St to Dade/Broward County Line 0.13
NE 211 St US 1 to NE 28 Ave 0.09
NE 209 St US 1 to NE 30 Ave 0.34
NE 208 Ter US 1 to St Rd 5' 0.14
NE 208 St US 1 to St Rd 5 0.13
NE 207 St US 1 to NE 28 Ave 0.09
NE 206 St US 1 to St Rd 5 0.08
NE 205 St US 1 to St Rd 5 0.06
NE 203 Ter US 1 to St Rd 5 0.04
NE 27 Ct NE 209 St to 330' north of NE 211 St 0.18
NE 28 Ave St Rd 5 to NE 213 St 0.38
NE 210 St St Rd 5 to NE 30 Ave 0.13
Waterways BIvd St Rd 5 to NE 30 Ave 0.20
NE 207 St NE 30 Ave to 250' east of NE 34 Ave 0.54
NE 26 St NE 29 Ct to NE 30 Ave 0.12
NE 205 St NE 29 Ct to NE 30 Ave 0.12
NE 29 Ct NE 205 St to Waterway Blvd 0.11
NE 30 Ave NE 203 St to 90' north of NE 210 St 0.44
Page 1 of 2
Street
NE 34 Ave
Attachment A
Streets to be Swept
Location
Country Club Dr to 2040' north of NE 207 St
Distance
(in miles)
0.45
NE 203 St US 1 to NE 30 Ave
0.35
NE 201 Ter NE 27 Ct to NE 29 Ct 0.22
0.46
Av~e_ntura ~!_v_d_ ............... _US_I to_Country Club Dr
NE 27 Ct NE 201 Ter to NE 203 St 0.11
NE 29 Ct NE 201 Terto NE 203 St 0.11
NE 29 Place Aventura BIvd to NE 203 St 0.14
NE 203 Ter St Rd 5 to 140' east of St Rd 5 0.02
West, North, and East
Country Club Drive
Entire length
North Country Club Dr to Dade/Broward
NE 34 Ave County line 0.55
2.33
NE 193 St St Rd 5 to St Rd 856 0.02
NE 192 St St Rd 5 to 340' east of NE 28 Ave 0.02
NE 191 St St Rd 5 to NE 29 Ave 0.23
NE 187 St St Rd 5 to NE 29 Ave 0.23
Miami Gardens Dr St Rd 5 to 700' east of St Rd 5 0.13
NE 28 Ave NE 191 St to NE 193 St 0.12
NE 29 Ave NE 187 St to NE 191 St 0.27
NE 28 Ct 500' south of NE 185 St to NE 187 St 0.20
NE 185 St NE 28 Ct to 1410' east of NE 28 Ct 0.27
NE..!._9.0- St ................... ~.._E._2__9_A_~.~_.to__W_e__st__C~_n_.t_ry Club Dr
0.25
Tot_a! 10.66
Page 2 of 2
Dec-~'t-g6 03:3~A DEC ~ 'cJ6
ADDENDUM NO. 1
PAVEMENT REPAI R/MAINTENAN CE/REMOVA L~REPI.A.C EM ENT
STORM DRAINAGE REPAIR/MAINTENANCE
CURB AHD SIDEWALK REPAIR ~TREET SWEEPING
BID NO. e7-1-1 ~.2
CRY OF AVENTURA, FLORIDA
TO ALL PROSPECTIVE BIDDERS WHO HAVE' RECEIVED THE REFERENCED
PROJECT DOCUMENTS:
1. Page 7, 3.4 Safety Start;lards
Insert the following paragraph 3.4.1:
3.4.1
The CONTRACTOR alkali ausl:~n;t opere, tlona upon discovery of
h=~=~ous ~diti~; an~ im~iately not~ the City of Aventur= an~
m~er ~uthorltie~ having jurisdiction. These conditions shall ~clude
but not limE~ to item8 suoh ae ~n~minated soils,
Page 30, Bid Proposal Form, Item
Do Jets note end mol~lli;~tion, mainten~ee of treffio, testing and milo.
elleneous paroentages.
Page 30, I. Pavement RepaldMalntenance/Removal/Replaoement
Schedule of Bid 'Prices
Change temporary concrete barrier,line to:
Temporary Concrete Barrier
Page 30, L PavemeN Rel:~lr/MalntenanceJRemoval/Raptaoement '
S~hedule of Bid Prioal
Insert new bicl items:
4' Thermoplastic (Yellow) Pavement Markings L.F.
4" 'l-rtermoplasti; (White) Pavement Markings L.F.
Remove 4" Pavement Markings L.F.
Pavemcm
o
Page 30, I. Pavement RspalrlMainten, ance/Ramov~l/Replacement
Delete Pavement Marking & Signing ¢aloulatlon note.
Page 30, I. Pavement RN3eir/Malntenance/Removal/Raplacement
Schedule of Bid Prioes
Insa~t new paragraph an~l items after bid items:
NOTE: The unit prloe shall Ilot inc'lude allocation for mobilization, main-
tenam,"e of traffio, te~ting ami mi~,ell~eous oo~tl. For e.aoh indlvidu&l work
order Issued under thio oontreol, the City will al{ow the following minimum
moDilization ~e~lee or pementages to be ack:led to the work order based on
the unit prloes,
Mobilization - 10%
or
Patch Repair Crew Mobilization $
Total Repair Crew Mobilization $
Milling Repair Crew Mobilization $
Minimum Mobilization Chg.
Minimum Mobilization Chg.
Minimum Mobili2ation Chg.
Maintenanoe of Traffic
Tearing & Miscellaneous
4%
2%
Page 31, I1, ~orm Drainage Repair/Maintenance
S~eclule of Bid Pri~es
Change the Type B StaJ3ilization llne to:
Type B Stabilization
Page 31, II. Storm Drainage Repair/Maintenance
Schedule of Bid Pri~
Change Utility Relooetlon line to:
P. 04.
Addendom No. 1
,Pevcmcn[ RepaJr/[VleintJ! 5414.05
[~ccembcr 20, 1996 - Peg~ 3
Culvert Cle~nin9
Page 33, ItL Curb and Sidewi~lk Repnlr
$~,heclule of Bid Pri~
Change Type B ~ts~ili~tlon line to'.
Type B Stabilization
IV..EL[ANCE SURETY COIViP,~J~IY
UHri'ED }Ac.I~C INSURANCE COiVIPANY
RELIANCE INSURANCE COIVtPANY
RELIANCE NATIONAL INDEM]fllTY C0MPAH-Y
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY {e · comoratlon duly organ{zed under the laws of the State of DOt-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are oo~!=oretions duly organized under the lawg
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY ie · comoratJon duly organ{zed under the laws of
the State of Wisconsin (herein collectively celled 'the Companies'} and that the Companies by v~riue of ~igna(ure and seals do hereby mike,
1996.
STATE OF Pennsylvania
!
COUNTY OF Philadelphia ~ aa.
On this, March 19. 1996, before me. Tammy Sue Kayatl, personally appeared Devid T. Akar~, who acknowledged himself to be the Sen{or Vice
President of the Reliance Surety Company, and the Vice President of Rciianca Insurance Company, United Pacific' Insurance Company, and
Rciiance National indemnity Company and that aa ~uch, be ng authorized to do so, executed the foregoing instrument for the puupoae therein
conta~nad by signing the name of the co~poration by himself as its duly authorized officer.
In witnaae whereof, I hereunto set my hand and official
NOTAriAL ~IM'
TAMMY S[JE KAYA'I1. NO~ ~
~ Of P~d~flle. Ph~ ~
~! t~NC£ St,~ETY COMPAHY
~1;i I&HCE ZHSUEANC£ COMPAJ~'
UNIT'ED PACZ~IC b~SUR.AHCE COMPAHY
{, Anita 7.{Dpart. Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY. and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above end foregoing is · true and correct cody of the Power pi Attorney
executed by acid Companies, which ia still in full force end elliot.
IN WITNESS WHEREOF. I have hereunto set my hand end affixed the seels of said Companiesthis ny//,, '~""~"')~'~ .--</..-,,.Pr January /19 97
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1
I
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P.5
BID BOND
STATE OF FLORIDA )
COUNT'Y OF DADE )
KNOW ALL MEN BY THESE PRF_S-=NTS, that we, Co--unity Asphalt Corp.
, as Principal, and Reliance Insu~,~nce Company
, as Sur~, are held an~ fi~ly bound unto the Ci~ of
Aventu~, ~ municipal ~oration of the State of Fiadaa in the penal ~um
Doil~ ($ ~ooo: oo 1, la~l mon~y of th~ Un,ed S~tes, ~r ~e payment of
which ~um well and ~ly to ~ made, we bind ou~eive~, our heir, ~xe~uto~,
adminis~ta~ and su~sso~ jointly and ~eve~lly, ~ly by ~esa
THE CONDITION OF THIS OBLIGATION I$ SUCH that whereas the Principal has
submitted the a~.~mpanying Bid, dated January 13~ , 19 97
Pavement Repair?Ma~ntepance/RGmoval/Rmnlmc~m~n~/g~nrm Brminame Repair/
MaintenaNce/Curb and Sidewalk Repair~Street Sweeping,,,,7 Bid No. 97-1-13-2
(a)
NOW, THEREFORE,
If said Bid shall be rejected, or in the alternate
(b)
If said Bid shall be accepted and the Principal shall properly exeoute and deliver to
said CITY the appropriate Contract Documents, and shall in all respects fulfill all
terms and conditions attributable to,the ac,~_ptance of said Bid,
then this obligation shall be void; otherwise, it shall remain in' force and effect. R being
expressly uncJerstood and agreed that the liabiiity of the Surety for any and all claims
hereunder shall in no event exc..~.-~d- the amount of this obiiga~on as herein stated.
The Su~ty, for value received, hereby agrees that the obligations of the said Surety and
its bond shall be in no way impaired or affected by any extension of time within which said
CITY may accept such Bid; and said Surety does hereby waive notice of any extension.
IN WITNESS WHEREOF, the above bonded par'Jes have executed this instrument under
their several seals this [0th ~ day of ~anua~y ,19 97 .,
the' name and the co .rp~rate seal of each c~rporste party being hereto affixed and these
presents being duly signed by its undersigned representative.
1
Signed, sealed ~
in the pre~
GEoRgE ~
elivered
~S_,SECRETAR¥,
Sworn to and subscribed before me this
Personally known /
Or Produced Identification
~ CLARA N. MULLI]fl$
~ Notary Public, State of Rorida
I ~iil7 MyComm. Expires r-~ 17, 2000
I,~¢"~-~ No. CC 522282
[ '"r-,-.,'~'~Gonded Thru ~[(itlal ~hrg
By:
(Title)
dayof --T'C~.OdLI~__ , 19 .~
Notary Public - State of ~
My Commission Expires ~
(Pn~, typed, or stamped co-m-miSsioned--
name of notary public)
NON-COLLUSIVE AFFiDAViT
Coun.~, of .1~1/_ ?_ )
I/~_l~lA/'~l("l LJAI I
and says that: ............ ,,-,-,- i
being first duly sworn, deposes
He/She is the V~HI= PRESIDENT
(Owner, Partner,~ Representative or Agent) of
COMMUNITY ASPHALT COP. P: the Bidder that has submi~ed the
at*ached Bid;
(2)
He/She is fully informed respecting the pre_potation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a. collusive or sham Bid;
(4)
(-)
Neither the said Bidder nor any of its officers, partners, owners, agents,
renre~ntatives, employees or pa~es in interest, including_ this affiant, have in any
w~-y colluded, conspired, connived or agreed, directly or indirectly, with any other
Bidder, firm, or person to submit a collusive or sham Bid in connection with the
Work for which t~e attached Bid has been submitted; or to refrain fi.om bidding in
connection with such Work; or have in any manner, directly or indirecdy, sought by
aoreement or collusion, or communication, or conference with any Bidder, firm, or
~:~rson to fix any ovemead, profit or cost elements of the Bid or of any other Bidder,
~rto fix any overhead, prof-& or ~st etements of the Bid pdce or the Bid pdce of any
other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any pemon interested in the
proposed Work;
The pdce or pdces quoted in the attached Bid are ~ir and pro.ce~r and are not tainted
by any collusion, conspiracy., connivance, or unlawful agreement on the part of the
Bidder or any other of its agents, representatives, owne.m, employees or parties in
interest, including this affiant.
SWORN STATEMENT PURSUANT TO SECTION 287. l~.~to)(~)~
FLORIDA STATUTES. ON PUBLIC ENTFFY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC-OR OTHEF, OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statemen, submitted to
by IGNACIO HALLEy ' '
for COMMUNITY ^SPHAI.T
whose business address is 14005 N.W. l~Ri-h STREET, HiAi FAFI. FI_
and (if applicable) its Federal Employer Identification Number (FEtN) is
(IF the entity had no FEIN, inctu;de the Social Security. Number of the individual
signing this sworn statement:
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
Fiodda Stat~ means a violation of any state or federal law by a person with
respect, to and directly related to the transaction of business with any public entity
or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid o.r contract for goods or services to be provided
to any public entity or an agency or political subdivision of any other state of the
United States and involving antitrust, fraud, theft, bdbery, collusion, racketeering,
conspiracy, or matedal misrapresantation.
I understand that "convicted" or "conviction!' as defined in Para. 287.133(1)(b),
Florida Statutes, means a findina of auilt or a convi~on of a public entity cdrne, with
or without an adjudication of guil~, in ~ny federal or state b-ail cou~ of record relating
to ~ha~es brought by indic'd'nent or information after July 1, 1989, as a result of a
jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "a~iiate" as defined in Para. 287.133(1)(a), Flodda Statutes,
means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. Any entity under the control of any natural person_ who is active-in the
management of the entity and who has peen convicted of a public entity crime. The
term "a~iiate" includes those office,m, directors, executors, pa~ners, shareholders,
employees, members, and agents who a~ active in the management of an a,~iiate.
The ownership by one person of sharas cons'dtuting a controlling interest in another
person, or a pooling of eduipment or income among persons when not for ~ir market
value under an arm's length agreement, shall be a pdme facie case that one person
controls another person. A person who knowinCy enters into a joint venture with a
person who has been convicted of a public entity crime in Ftodda during the
preceding 36 months shall be considered an a~iiate.
1 unders;and that a "per'son" as defined in Para. 257.133(1)(e), Fiodda Statutes,
means any natural pe~on or entiW organized under the laws of any state or of the
United States with the le.~=al power to enter into a binding contract, and which bids or
abpiies to bid on contracts for the provision of goods or services let by a Public
entity, or which otherwise (Fansacts or applies to t~nsact business with a ~ublic
entity. The term "persons" includes those officers, dire~ors, executives, partners,
shareholders, employees, members, and agents who are active in management of
any enti~'.
Rased on information and belief, the statement which I have marked below is true
in relation to the entity submit'ring this sworn statement. (lndicete which statement
Applies.)
/ Nei~er the_ entity submit'ring this sworn statement, nor any of it's
directs'ors, exe,',..utives; partner, shareholders, employees, members, or agents who
are active in the management of the entity, nor any a~iiate of the entity has bee_n
charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submit'Jng; this sworn statement or one or more of its o~cers,
directors, exe,~lA, es, partners, shareholders, employees, members, or agents who
are active in. the management of the entity, or an ar~liate of the entity has bee_n
cha .rged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its o~ce~,
direct..,ors, exe'~JiJves, partners, shareholders, employees, members, or agents who
are active in the management of the entity, or an a~iiate of the entity has bee_n
cha~ed with and convicted of a public entity crime subsequent to July 1, 1989.
Howev~, there has ~been a subsequent proceeding before a Hearing Or~cer of the
State of Fiodda, DMsion of Adminis~tive Hearings and the Final Order entered by
the Hearing Officer of the State of Fiodda, Division of Adminis*d'ative Hearings and
the Final Order entered by the Hearing Officer determined that it was not in the
public interest to place the entity submitting this sworn statement on the convict~,~j
vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTI I-Y IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTI~-Y ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR Y~AR IN WHICH IT IS FILED. I ALSO'
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTI-FY PRIOR TO
ENTERING INTO A CONTRACT tN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY ~--WO OF
ANY, CHANGE IN THE INFORMATION CONTAINED iN THIS FORM.
IDENTICAL TIE BIDS- Preference shall be given to businesses with drug-fr_=e
work2iace programs. Whenever ~h~vo or more bids which are equal with respect to price,
quality, and service are received by the State or by any politic~l subdi,~ision for the
procurement of commodities or cont~c~ual services, a bid received from a business that
ce.~ifies that it has imotemented, a drug-free workplace proaram_ shall ~,~'~ given preference
in the award process. Established procedures for processing tie bids will be followed if
none of the tied vendors have a drua-free workplace program. In order to have ~ drug-free
workpiace program, a business sh~ll:
i)
Publish a statement notifying employees that the unlawful manufamure, distribution,
dispensing, possession, or use of a controlled substance is prohibiteci in the
workpiace and specifying the aC'jons that will be taken against employees for
violations of such prohibition.
2)
3)
inform employees about the dange~ of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upog employees for drug abuse violations.
Give each employee engaged in providing the commodbies or contractual services
that are under bid a copy of the statement specified in subsection'(1).
4)
in the stmement spe~ed in subsection (1), no'dry the employees that, as a condition
of working on the commodities or contra~ual services that are under bid, the
employee will abide by the terms of the s'~tement and will notify the employer of any
convi~on of, or plea of guilty or nolo contendere to, any violation of chapter 893 or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than Owe (5) days a~er such conviction.
5)
Impose a sanction on, or require the s~.is~ctory pa~-dcipation in a drug abuse
assistance or rehabilitation program, if such is available in the employee's
community, by any employee who is so convicted.
Make a good faith effo¢~ to continue to maintain a drug-free workplace through
implementation of th s semion.
As the pe.~on aut~hodz~,~'J to sign the s~tement, cerdfy that this firm compiles fully with the
above requiremems.
VEND ,O,~ SIGNATURE
Pui~lic Entity Crimes
Pursuant to the provisions of paragraph (2) (a) of Se~ion 287.133, Florida State Statutes -
"A person or affilia,te who has been pieced on the convicted vendor list following a
c3nvi~ion for a public.entjty c,fime may not submit .= bid on .= contrsct to provide any goods
or se~ices to a public entity, may not submit a bid on a contract with a public enti~ for the
construction or repair of a pubiic building or pubiic work, may not submit bids on leases of
real properc/ To a pubiic entity, may not be awarded to per~,orm work as a contractor,
supplier, subcon~r~-"~or, or consultant under a contract with any pubtic entity, and may not
transact business with any public entity in excess of the threshold amount Category Two
of Sec. 287.017, F.S. for thirty six months from the date of being placed on the convicted
vendor list".
Conflicts of Interest
The award of any contm~--'t hereunder is subject to the provisions of Chapter 112, Florida
State Statutes. Offerors must disclose with their proposals, the name of any officer,
dire~or, par[net, associate or agent who is also an officer or employee of the City of
Aventura or it's agencies.
SUBCONTRACTORS
CLASSIFICATION
OF WORK
In the form below, the Bidder shall list all bu~c3nt, ac,or~ to_~_ used cr~ this projv~,:,-- if the
Bidder is awarded the Contract for this pro?ct.
NAME AND ADDRESS
oF SUBCON - . C 'ORS
CI ~'D¢ OF AVENTUR.A
This is not an order
The BiddeCs response to this questionnaire will be utfiizec es ssrt of the CitY's over,=ll Bid
Ev,=luation -=nd Cont~ctor se!e~ion.
Number of Public Right-of-Way (including medians ~'~d high tra~c roadways)
Maintenance Contracts in excess of $100,000 per ye,=r
A) In the past 5 years
B) In the past 10 years
List Public Right-of-Way (including medians 'and high tr~,ffic roadways)
Maintenance Contracts
P roje'ct~ Name
Client Name
Address
Contact Person
Contact Person 'Tel. No.
Project~, Name
Client Name
Address
Contact, Person
Cont,=ct Person TeL No.
Proje~ Nc-me
Client Name
Address
Cont,=~ Person
Conta~ Person Tel. No.
COMMUNITY ASPHALT CORP.
dUNE: 30, 1992 - dUNE: 30, 1996
CONTRACTS COMPLE:TE:D WITHIN THE: PAST FIVE: YEARS
CAC
JOB No.
WORK FISCAL YR.
CODES COMPLETED
PROJECT NO,
DESCRIPTION
7,9 1996
7,9 1996
7,9 1996
PBC #93507A
WOOLBRIGHT RD.
CONGRESS AVE.
OSCEOLA SUGAR ~llLL
1996 RESURFACING
(BELLE GLADE) (PBC)
OVal TURNS RECONFIO.
~ POLYMER W/C
RESURFACINO
(DADE CO.)
OWNER / PRIME
CONTRACT
AMOUNT
During Fiscal Year Ending June 30, 1996 a total of 213 projects under $100,000 each were completed for a total
amount of $4,825,946.
COMMUNITY ASPHALT CORP.
dUNE 30, 1992 - dUNE 30, I996
CONTRACTS COMPLETEB WITHIN THE PAST FIVE YEARS
CAC WORK F)SCAL YR. PROJECT NO.
JOB NO. CODES COMPLETED DESCRIPTION
7,9
COUNTRY LAKES -
SECT. I
992 ROCK ISLAND RD.
992 RACe TRACK RD.
SOUtHPORt BULKHEAD
992 SILVER LAKES
992
992
I 992
1992
1992
1992
1992
1992
1992
]992
1992
SW ~ 0 I AVE.
BROWARD INTERIM
LANDFII~L
CONStRUCtION Of
Palm AVENUE
CITY of CORAl GABleS
- VARIOUS
SR-A I A (COLLINS
AVE.) AT I 5th
LAKe WORTH RD.
#87054-3503
DABE RESURFACE ~
DRAINAGE
CoMMerce Ave.
SR-933
(NWI 2Th AVE.)
SR-9 [ 6
PALME'~TO PARK RD.
~ [VIILITARY TRAIL
PaLM BEACH CO.
OWNER / PRime
TRIPLE R. PAVING, INC.
RusseLL ENgINEeRING
BROWAr D Co.
PCL CIVIL
CONSTRUCTORS
TRIPLE R, PAVING
CONTR,
RUSSELL ENGINEERING
TRIPLe R. PAVING, INC.
CITY OF CORAL GABLES
FDOT
BELEVEDERE
CONSTRUCTION
FDOT
BELVEDERe CONSt.
FDOT
FdOT
FDOT
FI NTON CONSTRUCTION
CHARLES WHITESlDE
CONTRACT
AMOUNT
784.881
73.855
84.705
7,9
BELVEDERE
CONSTRUCTION
$ 118.B83
al75 5.7,9
1992
1992
1992
19ge
INCWOOD$ WALK PLAZA
SOUTH I ST STREET
St-SEe
ELEMENTARY SCHOOl
W-2
Pet UN DEROROUND
UTILITIES
DADE Co.
FDOT
SENECA CONStR.
$ 85.384
$ 316.447
$ 1,456.540
$ 64,512
COMMUNITY ASPHALT CORP.
dune 30, 1992 - dUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE Past FIVE Years
CAC WORK FISCAL YR. PROJECT NO.
JOB NO. CODES COMPLETED DESCRIPTION
7,9
7,9
2250iii 7,9
I 993
I 993
#9793 [ -3349
SE-S2 I
(NW 4 I ST ST.) DADE
Co.
1993 OSCEOIA SUGAR MILL
1993 SR-9 @ NW 22 AVE.
993 #87044-3503
976 (BIRD RD.)
993 HOOD RD. BRIDGE
993 #880 I 0-3547 US-
J, I 7th ST.
CAUSEWAY
1993 PINe iSlaND RD.
1993 DaDE COllier TNT
AIRPORT
I 993 CHAPEITRAll~, PH. V
I 993 #9O75
EXECUTIVE AIRPORT
1993 NW 4 I ST. (DaDo)
1993 #SD 100-3574
SR-7 ~ SR-S22
1993 88505 & 86 [ 30A
L~KE IDA RD.
OWNER / PRime
CONTRACT
AMOUNT
fDOT
TRIPLE R, PAVING, INC.
FDOT
FDOT
H~R PARTNERSHIP
BERGERON LAND
DEVELOPMENT
FDOT
P.J. CONSTRUCTORS
FDOT
W, JACKSON ~ SONS
DADE Co. AVIATION DEPT.
$ 4-.008.288
W, JACKSON ~ SONS
TRIPLE R. PAVING, INC,
$ 16B.918
P.J. CONSTRUCTORS $ 338.454
FDOT $ 495.290
PALM BEACH Co. $ I ,508.882
I go3 ANNUAL RESURFACING
I 993 INDIAN TRAIL WATER
CONTROL DISTRICT
PAlM BEACH Co, $ 3.270 02 I
BelVeDere CONSTR. $ I 0 [ .828
COMMUNITY ASPHALT CORP.
,...JUNE 30, 1992 - dUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR.
gOB NO. CODES COMPLETED
2305 i 5,7,9 1993
:Z310 5,7,9 1993
7,9 ~ 993
993
5,7,9 1993
ii?ii~385111~?i~ilil 5,7,9 1993
i:?ii~i3~i~!!~?!ii~ii! 5 1993
i~i!iiii~3iCi6?i~il 5 1993
i!ii~iil¢'i~7511~ilililil 5,7,9 1993
iiii:~i3~8!?i!? 7,9 1993
7,9 1993
~438 ; 7,9 1993
PROJECT NO.
DESCRIPTION
PICKWICK PARK
PAVEMENT REbURF.
BGHA / PAVEMENT
R EbTORATION
FEE AIRFIELD
#87906-9035,
87906- 90 I 0
SIDEWALK, CURb ~
NO. REgiONAl LIBRARY
HAVerhILL RD.
OKeEChOBee BLVD.
SR-S74
PGa BLVD.
HURRICANE ANDREW
DEBRIS REMOVAl
PRIVAte AIRFIELD
DCPW DEBRIS
SW 120TH ST.
#87000-3503
SR~8 ~ I (DIXIE HWY)
NWI 96TH AVE.
{ BROWARD Co.)
OWNER / PRIME
MObil HOME PARK ASSN.
CITY OF BOCA RATON
EDENS CONSTRUCTION
BROWARD Co. AVIATION
Dept.
FDOT
Palm BEACH CO.
AMERICAN ENc~iNEER[Ng
COGEFAR
BEROERON LAND DEV.
W. ~JacKsON ~ SONb
FDOT
PAlm BeacH Co.
GILBERT CORPORATION
H ETRIC CONbTRUCTORS
SEMINOLE TRIBE Of FLA.
PLUMBCON~ INC.
ARgub CONbTRUCTION
CITY OF BOYNTON
TOWN OF LAKE PARK
CAPELETTI BROTHERS
FDOT, E~6
CONTRACT
AMOUNT
2230 7,9 1994 RUbbELL ENOINEERINO $ 599 447
2236 7,9 1994 W. JACKSON ~ SONS $ I I 8.630
COMN1UNITY ASPHALT CORP.
,JUNE ,30, 199;:' - ,JUNE ..30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROJECT NO.
dOB NO. CODES COMPLETED DESCRIPTION OWNER / PRIME
7,9 [ 994 #86 190--35 I 6 RUSSELL ENGINEERING
;: 7,9 1994 N. CENTRAL Voc. DAYCO ASTALDI CONTR.
TECH. HIGH SCHOOL
5,7,9 1994 #9793 1-3346 FDOT
SB-gl
(FLORIDA'S TURNPIKE)
5,7,9 1994 ~e607~34 I 0 FDOT
SE-9
AT SR-8~4
7,9 1994 SR-704 (OKEECHOBEE RUSSELL ENgINEERiNG
BLVD.)
~380~ 5,7,9 1994 93 I I 0"3539/3543 FDOT
~ 3525
~95 5,7,9 1994 933 I 0-350~ ~OT
5,7,9 1994 860 I 8-3500/3502
5,7,9 1994 OPA LOCKA AIRPORT
RUNWAY J 2/30
7,g 1994 NORTHL~KE BLVD.
7,9 1994 dog ROAD
7,9 1994 FPL- LAUDERDALE
PlaNt UNITS 4 ~ 5
5,7,9 1994 BROWARD Co. ANNUAL
(NO. REGION)
5,7,9 1994 87 150-3530
sr-997
2~55 7,9 1994 dog ROAD
5,7,9 1994 860g0-35 I i
7,9 1994 WATERFORD LAKES
APartmeNts
2490 5,7,9 1994 S 7004-34 I 6
~JULIA TUTTLE CSWY
CONTRACT
AMOUNT
FDOT $ 495,64~
BADE Co. AVIATION Dept. ~ I ,~96~60i:
WES~WI N D CONTRACTING $ 359.765
Smith ~ COMPANY, INC. .~ 237.487
FLORIDA POWER & LIGHT $ 407.795
BROWARD COUNTY $ 722.4
FDOT $ 356.413
FDOT $ 2,637,956
W. dACKSON ~ SONS $ 469.430
FDOT $ 502.977
H OLL~NOOD STIRLING $ 255,295
ASSOC.
FDOT $ [
2492 7,9 1994 DUDA ROAD A. DUDA ~ SONS, INC. $ i45,23~
25 I 0 7,9 1994 BUILDERS SQUARE FLORIDA ROCK ~ SAND $ 148.282
CO.
COMMUNITY ASPHALT CORP.
dUNE 30, 1992' - dUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROUECT NO.
JOB NO. CODES COMPLETED DESCRIPTION
5,7,9 1994
7,9 1994
7,9 1994
5,7,9
1995
1995
995
93110-3502
SR-880
OLD BOYNTON ROAD
STREET RESURF.
1994-1996
PASADENA PARK, PH. II
BASIN S-8
SHERIDAN STREET
ROYAL PALM ~ BASIN
ROAD
No. COUNTY AIRPORT
BIT. MAT'L. ANNUAL
1994-1995 PRICE
AGREEMENT
PARKING LOTS, PLAY
COURTS, TRACKS ~
ROADS
SR-5 (US- I ) FM
OAKLAND PK BLVD. TO
COMMERCIAL BLVD.
86080-3500; SR-
54 FM E. OF SR-7 TO
W. Of NEW River
BRIDGE
87052-350 I; SR-
924 (NWI I 9~ St,}
TROPIC HARBOR
DEERFIELD ST,
RESURF, SIDEWALK
IMPROVEMENT
OWNER / PRIME
FDOT
CONTRACT
AMOUNT
CiTY Of BOYNTON BEACH
CITY OF BELLE GLADE
City Of PEMBROKE PINes
so. BROWARD ORA, RAOe
DISTRICT
BEROERON LAND DEV.
Rio BAK CORPORATION
PAlM BEaCh CO.
PAlm BEACH Co.
SCHOOL BOARD
FDOT
FDOT
FDOT $ 1 0t4407
TIGER CONSTRUCTION $ 425
CITY O~ DEERFIELD $ 259.946
BEACH
2695 5,7,9
995
995
995
6 10037-E SUMMit o~'
E
DOWNRITE ENGINEERING $ 520
DADe COUNTY $ 3. I 83.08
ALLrlte PAVINO $ 39. 739
CONTRACTORS
2706 5,7,9
1995
ELEMENT. SCHOOL L-
9I
POLERA BUILDINO
CORP./PERRI BUILDERS
P5,430
2722 5,7,9 1995 ORANGE AVE. UNDERGROUND $ 2,000
COMMUNITY ASPHALT CORP.
dUNE .30, 1992 - dUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE: PAST FIVE YEARS
GAG WORK FISCAL YR. PROJECT NO.
· JOB NO. CODES COMPLETED DESCRIPTION
RE-USE PIPEL, NE
5,7,9
5,7,9
OWNER / PRIME
ClAN IErtl CONTRACTING
995 DELRAY BEACH RD. AlLRItE PAVING
WIDENING CONTRACTORS
995 US~27, SOUTH BAY EBENS CONSTRUCTION
995 DUKE/MaRYLAND FLORIDA DESIGN CONTR.
WATER MAI N ImPRVHENT
995 'JOHNSON ST. ~ N. W, UACKSON ~ SONS
PARK RD. HOLLYWOOD,
FL
1995 ANNUAL ReSURF. ClT~ Of MIRAMAR
VARIOUS ST.
PIGGYBACK BC ~H-OS-
995 WOOLBRIGHT ~ 'JOG
ROADS (PBC)
995 9 1207<) I
FOREST HILL BLVD.
995 WELLINGTON PARCEL
~A~
995 EVERGLADES CORRECT,
INSTITUTE (Miami)
995 PAN-AM CENTRAL BASE
INITIAL REM E DIATION
ACTION (MIA)
NW 72N0 ~ NW 52
ST. (DADE CO.)
995
CONTRACT
AHOUNT
FLORIDA ROCK ~ SAND
Co.
GILBERT SOUTHERN
CORP.
ROSSO PAVINg ~
DRAINAGE
MASTer EXCAVATORS,
INC.
$ 7.7a6
IMBURGIA CONStrUCTION $ 9.33
5,7,9
5,7,9
1995 TOWN OF' LANTANA
ROAD iMPROVEMENTS
(PBC)
1995 GULFSTREAM
ELEMENTARY SCHOOL,
HOMESteAD, FL
$ 8, 138
F~L CONSTRUCTION $ 9. I B
995 3 I ST CT. STORm
SEWER REPAIR (WPB)
995 GRATIGNY ELEMENTARY
SCHOOL (Miami)
Rosso PAVING ~
DRAINAGE
ROSE ENGINEERING, INC.
COMMUNITY ASPHALT CORP.
dUNE 30, 1992 - dUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROJECT No,
dos No. CODES COMPLE-rED DESCRIPTION
5,7,9
5,7,9
1995
1995
1995
ST.
I ST Ave. (MIAMI)
TC 95- I, ANNUAL ST.
OVERLAY PROJECT
(BRow CO.)
1995 LAKE BIWA PARK
( DELRAY BEACH)(PBC}
1995 LIN WAREHOUSE
INTERSECTION (MIAMI)
I 995 ASPHALT OVERLAY
VARIOUS St.
1995
1995
Ig95
1995
1995
995
995
NAVAL SURFACE
WARFARE CTR.(BRow)
COMSTOCK ELEMENTARY
(MIAMI) (DADE CO.)
No. Co. ELEMENTARY
(MIAMI) (DADE CO.)
PERRINE ELEMENTARY
(MIAMI) (DADE Co)
DOUGLAS ELEMENTARY
(MIAMI) (DADE Co.}
KROMe DETENTION Ctr.
KROME AVE. (MIAMI)
KENDALL ~ KRONE
OFF-SITE REPAIRS
(MIAMI) {DADE CO.)
OWNER / PRIME
CONTRACT
AMOUNT
NAT'L UNDERGROUND
DIVERSIFIED~ INC.
~Yo CONTRACTING, inc.
ParkING LOTS ~, STREETS
- SS, INC.
rosso PAVING
DRAINAGE
MASTER EXCAVATORS,
INC.
CITY OFLAUDERDALE
LAKES
SHORELINE FOUNDATION,
B E~ER PROPERTY
SERVICES
BEarER PROPERTY
SERVICES
BETTER PROPERTY
SERVICES
R.P. DENSEN
$ 3,750
DELANT CONSTRUCTION
Co.
5,7,9
995
HOWELL LAne
IMPROVEMENTS
BLAZER CONSTRUCTION,
INC.
$ I 4,04~
289 I 5,7,9
995
NEW GLADES CENTRAL
HIOH SCHOOL
(BEllE GLADE) (PBC)
RIO-BAK CORPORATION
$ 104.9J 2
2894 5,7,9
995
STATE SCHOOL W
(MIAMI) (DADE CO,)
$ I 4,657
5,7,9
995
PBC #88084 Rosso PAVING
ATLANTIC RD. DRAINAGE
ALTERATION
COMMUNITY ASPHALT CORP.
dUNE 30, 1992 - dUNe 30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROJECT NO.
dOB NO. CODES COMPLETED DeSCRIP'nON
OWNER / PRIMe
CONTRACT
AMOUNT
~.755
:~777
5,7,9 1995
5,7,9 1995
5,7,9 I 995
5,7,9 1995
7,9 1995
7,9 1995
7,9
7,9
7,9
7,9
7,9
7,9
7,9
1995
1995
1995
1995
1995
995
995
995
ASPH. CONC. ~ SAND
ASPH. FOB, PLANT 2
RESURFACING VAR.
STS.
BROW. Co. PIGGYBACK
#H-OS-9:~- I 6- I :>
ANNUAL RESURFACING
(BOYNTON)(PBC)
ANNUAL FURN. CONC,
SURFACE COURSES ON
STS. ~ HWYS
LAKES OF MIRAHAR
(BROWARD Co.)
(PBC)
WELDON, PHASE I
(TAMARAC) (BROW. CO.)
SUMMER WIND (CORAL
SPRINGS) (BROW. Co.)
OKEELANTA SUGAR Hill
1994 RESURFACING
OKEE LANTA CO~EN,
PROUECT ~41Ll RD,
(BELle GLADe) (PBC)
WESTWIND PARKING LOT
(PEHBROKE PARK)
(BROW. Co.)
PH. 5 (#O I-I 037-7c
PINEISLAND RD, ~
{BROWARD Co.)
OFFfC E DEPOT
( BOYNTON BEACH)
(PBC)
CITY Of FT. LAUDERDALE
City OF LAKE WORTH
THE CITY OF BOYNTON
BEACH
THE CITY OF N.
LAUDERDALE
DOUBLE G. PAVING Co.
PADICO CORP.
$ 47,376
DOWNRITE ENGINEERING $ 3
RIO-BAK CORPORA~ON $ 57.34~
ALL-RITE PAVING
ADEI CONSTRUCTION, $ 33.453
INC.
7,9
995
PENINSULAR ELECTRIC
(WPB) (PBC)
A.P. JUNIOR, INC. $ [ 7.015
279,.3
7,g
995
FOREST L~KES ProperTY $ 70,0 I I
OWNERS ASSN.
7,9
995
GALILEE ACLF
(WPB) (PBC)
MARKS PAVING, INC.
COMMUNITY ASPHALT CORP.
,JUNe 30, 1992 - dUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROJECT NO.
dOB NO. CODES COMPLETED DESCRIPTION OWNER / PRIME
7,9 1995 GREENWOOD SHOPPING FEDERAL MAINTENANCE,
CTR. (PALM SPGS. INC.
(BROWARD Co.)
7,9 1995 SKEE$ ROAD
(PBC)
7,g I 995 PINe GLEN (WPB)
(PBC)
7,9 1995 SHOPS OF SILVER LAKE
(PEMBROKE PINES)
(BROWARD Co,)
7,9 1995 FIRE STATION (HIAL~H)
(DADE Co.}
7,9 1995 AVONDALE (WPB)
(PBC)
SR-809 (~ILIT~Y tr.)
(PBC)
7,9 1995 FIORaDalO a~.
(Ft. ~UD.) (BROWARD)
7,9 1995 GOLF COURSE
7,9 1995 WES~OOD PIN~
(BROWARD CO.)
7,9 i 995 STIRLING VIL~S (DAVIE)
(BROWARD CO.)
R. P. HAMBY, INC.
JACK HARDY, INC.
CHUCK'S BACKHOE
SERVICe
CONTRACT
AMOUNT
ASPHALT CONS'I'~UCTION, $ (~,8 I 5
INC.
ADEL CONSTRUCTION
INC.
$ 7. 794
THE SIGNAL GROUP, INC. $ 64~357
THE PAVING LADY
MAN~;ON, INC.
THE PAVINO LADY $ 6.4:~0
PAY rOL $ ~, Iog
2883 7,9 J 995 CORAL Rlooe
; PROPERTIES (ft.
LAUD.) (BRow. CO.)
2S84: 7,9 J 995 FLORIDA CITY APTS.
(HomeStEAD) (DADE)
7,9 1995 GaRClA PORTEla WHSE
(MIAMI) (DADE)
ARea PAVING ~ $ 24,324
EXCAVATING
MASTER EXCAVATORS, $ 3 I ,902
INC.
MASTER EXCAVATORS, $ g.305
INC.
KENDALL CAR WASH $ 3.4 I 0
DETAIL CENTER
2903 7,9 1995 FLORIDA ATLANTIC
UNIVERSI"t~ (BOCA
RATON ) (PBC)
RiO-BAN CORPORATION $ 6.633
COMMUNITY ASPHALT CORP.
,JUNE 30, 1992 - ,JUNE 30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAe WORK FISCAL YR, PROJECT NO, CONTRACT
JOB NO. CODES COHPLETED DESCRIPTION OWNER / PRIHE AHOUNT
7,9 1995 EMISSfONS CENTER, AbEL CONSTRUCTION,
TROPICAL PARK INC.
7,9 1995
ST. ANDREWS AT
WINSTON PARK
(COCONUT CREEK)
(BROWARD Co.)
7,9 1995 SHADOWWOOD SQUARE R.P. HAMBY, INC.
(BOCA BATON )
(aROWARD)
7,9 1995 FOREST LANE ~ 47TH CHARLES 5. WHITESIDE,
AVE. ROADWAY IMPRV. INC.
(WPB) (PBC)
7,9 1995 CARL]N PARK SPECIAL SELECT CONTRACTING,
EVENTS FACILITY INC.
(JUPITER) (PBC)
7,9 995 ,Ju.o CONDO'S. ADEL CO'"S UCT, ON,
(PBC) INC.
7,9 1995 BEDONDO ELEMENTARY MCM CORP.
SCHOOL (HOMESTEAD)
(DaDE CO.)
7,9 1995 MID-PORT CARGO, Ph. GONZALEZ ~ SONS
(Ft. LAUD.)(BROW. CO.)
7,9 1995 GARDEN AVE. STORM WENGER EXCAVATING,
DRAINAGE (WPB)(PBC) INC.
7,9 1995 ECKERD DRUGS (CORAL AREA PAVING ~
5PCS) (BROW. Co.) EXCAVATING, INC.
7,9 1995 HERITAGE OAKS MARKS PAVING, INC.
CFEQU ESTA) (PBC)
7,9 I 995 CARGO BLDG. 2224 IMBURGIA CONSTRUCTIONi
(MIA) (DADE CO.) INC.
$:: 49 829
$ :3,33o:
$ I 8;703
$ :: 15,837
$' ::~ So,O:4o
$ Z0,736
$ 26;502
7,9 1995 SW[FtY'S GAS STA~ON H&R PARTNERSHIP
(BELle GLADE) (PBC)
~926 7,9 1995 MILITARY TRAIL ~ AdeL CONSTRUC~ON,
WESTROAD$ DR. (WPB) INC.
(PBC)
2927 7,9 1995 NATALIE ESTATES ADEL CONSTRUCTION,
(STUART) (PBC) INC.
2928 7,9 1995 FlORIDa Cl~ WATER, SOUTHeaST
Phase II (DADE CO.) UNDERGROUND
$ 82 042
2930 7,9 1995
CORAL RIDGE DR.
PAVEMENT REPAIR (FT,
LAUD.) (BROW· Co.)
BERGERON l~ND DEV.
$ 21 0~4
COMMUNITY ASPHALT CORP.
dUNE 30, 1992 - dUNE 30, 1996
CONTRACTS COMPLETEB WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROJECT NO. CONTRACT
JOB NO. CODES COMPLETED DESCRIPTION OWNER / PRIME AMOUNT
7,9 1995 BOCA RATON BIKe UNDERGROUND
PATHS (PBC) INDUSTR~
7,9 ~ggs ii eeb
7,9 1995
1995
7,g
7,9
7,9
295l 7,9
2960 7,0
2965 7,9
SW 130 AVE.
(MIRAMAR) (DADE Co.)
(MIAMI) (DADE CO.)
(MIAMI) (DADE Co.)
Cove / GLAOEV[EW
REPLACEMENT (Belle
GLADe) (PBC)
HOMEOWNERS ASSN.
F~L CONSTRUCTION, INC.
~vhLNE ~ NICHOLLS, INC.
1995 Wee CARE AREA EDENS CONSTRUCTION,
IMPROVEMENTS (BELLE INC.
gLAde) (PBC)
1995
1995
1995
1995
1995
LElSUrEV[LLE CONDO E
(BOYNTON BCH) (PBC)
GOLDMAN'S OFFICE (N.
MIAHI BEACH) (DADE)
Fox AUTO REPAIR (N.
HIAMI BEACH) (DADE)
GRAND VISTA (HIALEAH
GARDENS) (DADE Co.)
OUR LADY OUEeN OF
APOSTLE~ ROYAL PALM
BEACh (PBC)
CYPRESS Cove
(iVlAROATE) ( BROWAR D)
SCHOOL A- I (FT.
LAUD.) (BROW. CO.)
FAU PARKING LOT, 9-0
(BOCA RATON )
( BROWARD Co)
E, CENTRAL FORCE
MAIN IMPROVMNTS
{WPB) (PBC)
WINSTON DEVELOPMENT
(COCONUT CREEK)
(BROWARD CO.)
THE RegeNcY CONDOS.
(JUPITer ISLAND) (PBC)
1995
995
995
995
995
995
ADEL CONSTRUCTION
INC.
GALFO CONTRACTOR, INC.
UNDERGROUND S 7,416
INDUSTRIeS, INC.
ALLOE, INC. $ I 6~520
FRANK MAIO $ 4 I ~740
CONTRACTOR, iNC.
RIO-BAK CORPORATION
UNDERGROUND
INDUSTRIES
$ 22,050
$ 2 t .285
AREA PAVINO E. $ 25.999
EXCAVATING
ADEL CONSTRUCTION, $ 9.054
INC.
2966 7,9
995
HOMESTEAD AIRFORCE
BASE (DADE CO.)
MAEO'S rC SQUADRON $ 6.528
CONI~IUNITY ASPHALT CORP.
dune 30, 1992 - dUNe 30, 1996
CONTRACTS COMPLETED WITHIN THE Past Five YEARS
CAC WORK FISCAL YR. PROJECT NO.
NO. CODES COM PLL~TED DESCRIPTION
OWNER / PRIME
CONTRACT
AMOUNT
995
7,9 1995
7,9 1996
7,9 I 996
7,9 1996
COUNTRY DaY SCHOOL
(JUPITER) (PBC)
LINDA LANe St.
IhIPROVEH EN~S (WPB)
(PBC)
TRAILER PARK (.JUNO
BEACH) (PBC)
CHURCH (WPB) (PBC)
CHARLES HADLEY POOL
(Miami) (DADE Co.)
GARY GOLDMAN OffiCE
BEACH) (DADE Co.)
St. UULIANA'S
CATHOLIC CHURCH
(WPB) (PBC)
BF~ WASTE SYSTEMS
(WPB) (PBC)
ANNUAL RESURFACING
93280-35 I 0/35 I 9
SR-704 (OKEECHOBEE
BLVD.)
5077; ROCK ISLAND
RD. (BROWARD Co.)
DCAD 92-085-A31
CONCOURSE A APRON
~ UTILITY CORRIDOR,
Ph. I (MIA) (DaDE)
ASPHALT CONSTRUC"~ ON
INC.
ARZ BUILDERS, INC.
FLORIDIAN OCEAN PARK
GEE ~, JeNSEN, INC.
Rosso PAVING
DRAINAOE
ASPHALT CONSTRUCTION
INC.
BROWARD Co.
W. JACKSON ~, SONS
BROWARD CO.
TRiPle R. PaviNg
GILBERT SOUTHERN
CORP,
$ 422. 154
$ 658, 142
7,9 I 996
97870-335 I
SR-82 I , SE
CONNECTOR LEFT TO
NWI 07th AVE.
FDOT
$ 562.836
5,7,9 I 996
DISTRICT CONTRACT
NO.: E4767; SR'7
(CULLUM RD,)
( BROWARD CO.)
FDOT D-4
$ 928 95 I
2725 7,9 1996 9787 1-3352; RECCHI AHERICA, INC. $ 25 I 590
SR-~2 I (hEFt3 (DADe)
COMMUNITY ASPHALT CORP.
,JUNE 30, 199Z - ,JUNE 30, 199(5
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROUECT NO. CONTRACT
JOB NO. CODES COMPLETED DESCRIPTION OWNER / PRII4E AMOUNT
2~35 7,9 I 996 93 I 40-35 I 8; FDOT, D-4
DISTRICT CONTRACT
NO.: e-4799;
St-700 {PBC)
8,7,9 1996 650897 iVJETRC~DADE Co.
VARIOUS STREETS PUBliC WORKS DEPT.
7,9 1996 88525 ~ 88528 PALM BEACH Co.
AUSTRAL,AN AVE. ~,
BELVEDERE RD
7,9 1996 87085-3506; FDOT
(NW/SW I 2Th AVE.)
(DADE CO.)
7,9 1996 BOCA WOODS (BOCA BOCA WOODS PROPERT~
RATON) (PbC) OWNER'S ASSN.
~lBO 7,9 1996 CiTY OF HOMESTEAD ~ GILBERT SOUTHERN
9305,00 I-3/31/94 CORP.
(DADE Co.)
7,9 1996 LAS OL~ UTILITIES HADSEN/BARR CORP.
(FT. L~UDERDALE)
(BROWARD CO.)
7,9 1996 CORAL REEF NURSING DOOLEY ~ MACK
HOME (FT. LAUD.) CONSTRUCTORS, INC.
: : : ( BROWARD Co.)
7,9 I 996 CONSOLIDATED HASTER EXCAVATORS,
(DaDe CO.}
7,9 1990 FDOT #03075-3406 WES'i'WIND CONTRACTINg,
1-75 REST AREA INC.
(COLLIER Co.)
7,9 [ 996 DCPS A-O302A DADE COUNT~ SCHOOL
State SCHOOl BBB; BOARD
BARBARA COLEMAN SR.
HIGH SCHOOL
(BADE CO.)
285~ 7,9 1996 #948 I CIt~ OF FT. LAUDERDALE
i 994/I 995
( BROWaRD CO.)
~i 6; ~08,735
$ 297.140
$ 796,773
2890 7,9 1996 610048 DADE Co. PUBliC WORKS
RESURFACING DEPARTMENT
CONTRACT NO. 3~,
GROUP I
$ 362.588
2g04 7,9 1996 WESTL~KE PARK (BAHIA) THE PAVING LADY $ ~ I 200
( BROWARD Co.)
COMMUNITY ASPHALT CORP.
dUNE ,30, 199;~ - dUNE: .30, 1996
CONTRACTS COMPLETED WITHIN THE PAST FIVE YEARS
CAC WORK FISCAL YR. PROJECT NO.
dOB NO. CODES COMPLETED DESCRIPTION
7,9 I DgB OKEECHOEEE CORR.
INSTITUTE
(HENDRY Co.)
5,7,9 1996 87008-3524
(,w 135 ST.)
(DADE Co.)
7,9 1996 HOMESTEAD
SW I 4~ AVE. ~ SW
336 BT. RD.
(DADE Co.)
7,9 1996 SUNSET DR. (MIAMI)
7,9 1996 W. CENTRAL BUS
7,9 1996 DADE CO. YOUTH fair
7,9 1996 DCAD ~930 [ I M I 2;
~ ELECTRICAL
(DADE CO.)
7,9 1996 CUTLE~ RIDGE
5,7,9 1996 93~00-3500
SR-804 (BoYNTON
B~CH BLVD.) (PBC)
7,9 1996 SLUDGE CRYING BEDS
8950 SW 232 ST.
(HIAHI) (DADE Co.)
7,9 1096
096
CENTRAL DISTRICT
WASTEWAtER
TRANSMISSION (36"
FORCEMAIN ) (MIAMI)
(DADE)
INTERNATIONAL FLEA
MARKET ( HIALEAH
GARDENS) (DADe CO.)
OWNER / PRIME
RYAN~ INC.
CONTRACT
AMOUNT
FDOT
GILBERT SOUTHERN
CORP.
GLF CONSTRUC~ON
CORP.
CONSTRUCTION, INC.
EXPOSITION
CRC OF SO. fLORIDA $ ~75.~ J 0
FDOT $ 440,;557
URBAN ORGANIZATION $ 474.~56
RESO1, INC.
MASTER EXCAVATORS, $ 207. 3g
INC.
3 105 7,9 199B OAK CREEK (MIAMI) R. ESPOSITO, INC. $ 154.003
(DADE)
CITY OF AVENTURA
OFFICEOFTHEClTY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
January 29, 1997
Resolution Supporting Municipal Jurisdiction and Authority Over
Local Roads Within Municipal Boundaries
February 4, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution supporting
municipal jurisdiction and authority over local roads within City boundaries.
BACKGROUND
Metro-Dade County has taken the position that they have exclusive authority over traffic
regulations on all roadways, both in unincorporated and incorporated areas of the
County. The Public Works Department, of Metre-Dade County, has exercised control
over traffic signage, road closures, traffic signalization, bike paths, etc. The City of
Surfside has been involved in litigation with the County over this matter (see attached).
They contend that cities should have jurisdiction over the roadways within their
boundaries. Several cities have adopted resolutions supporting municipalities'
jurisdiction and authority over local reads. This matter is important to our City from the
standpoint of future traffic signalization requests and the recent installation of bikepath
lanes in the City.
If you have any questions, please feel free to contact me.
Attachment
EMS/aca
CC0218-97
PAUL D. NOVACK, Mayor
TOWN OF SURFSIDE
MUNICIPAL BUILDING
9293 Harding Avenue · Sudside, Florida 33154
(305) 861-4863
January 7, 1997
Honorable Arthur Snyder
Mayor, City of Aventura
2999 N.E. 191st Street
Aventura, Florida 33180
Dear Mayor Snyder:
The litigation~between Metropolitan Dade County and the
Town of Surfside involves our town's attempt to maintain
the municipal jurisdiction over local roads that is
conferred to us by state statute. The issue is one of
significant importance to all municipalities in Dade
County.
Metro-Dade is attempting to defeat municipal authority
over local roads and to vest itself with jurisdiction over
all roads in both unincorporated and incorporated areas.
We need to work together to prevent Metro-Dade from
succeeding at unilaterally eliminating important municipal
authority.
Under Chapter 316, Florida Statutes, municipal authority
is set forth. FS 316.006(2) states that municipalities
shall have "original jurisdiction over all streets and
highways located within the boundaries .... " FS 316.008
grants local authorities the ability to restrict the use
of streets (316.008(g)) and to prohibit or regulate
traffic (316.008(n)). Solely on the basis of its own
ordinances, Metro-Dade is attempting to thwart the
municipal authority granted by these state statutes.
Please let me know of your city's intentions with regard
to participating in Surfside's defense of municipal
authority over local roads. I also request that your City
Attorney contact our Town Attorney, Stephen Cypen, as soon
as possible. I look forward to hearing from you.
MAYOR
PDN:kt
PAUL D. NOVACK, Mayor
TOWN OF SURFSIDE
MUNICIPAL BUILDfNG
9293 Harding Avenue · Surfside, Florida 33154
(305) 861-4863
December 24, 1996
Honorable Arthur Snyder
Mayor, City of Aventura
2999 N. E. 191 Street, Suite 500
Aventura, FL 33180
Dear Mayor Snyder:
I recently wrote to you concerning Metropolitan Dade County's
attempted exercise of exclusive and complete jurisdiction over all
roads within the County, including local roads that are owned,
maintained and patrolled by municipalities. Surfside is
challenging the County's position, in order to retain the municipal
jurisdiction authorized by State law.
If you have had an opportunity to review the information previously
provided to you, please consider how your municipality may
participate in the legal issues involved in this matter.
I am enclosing copies of Orders which have been issued by the
Circuit Court, for your review and that of your legal department.
The Town of Surfside has initiated proceedings in the Third
District Court of Appeal.
For any additional information, please do not hesitate to contact
me directly or to have your staff contact Surfside Town Manager
Hal Cohen (993-]052) or Surfside Town Attorney Stephen Cypen (532-
3200).
Thank you
very best wishes
PDN/rm
for your time and consideration, and
for the new year.
/
Very tl~uly yours
'~AUL D.
MAYOR
please accept my
(b:ts.rc)
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
DADE COUNTY
GENEI:~L JURISDICTION DMSION
NO. g6~23958 (CA 0;~)
MErROPOLI1'AN DAI~E COUNTY,
a political subdivision of the Stat~
of Florida,
, Petitioner,
end
C131Y OF MIAMI BEACH.
carperafien, and ST_ JOSEPH
CHURCH,
Inte~en0rs,
TOWN OF SURFSIDE, a
mu0i~pai
OROER ON MOTION T0 VACATE AUTOgTIC STAY
ore tenus ~tlon to V~a~e
~ellate Pro~dure. upon the filing of ~ ap~al ~ ~e Order Gra~ing Man~to~
Ini~n~ion entored on Dm~r [J , 19~, ~nd ~1o Cou~ bering heerd ~gument of
cotJnsel ~ beir~o othe~ise fully appdsed in ~e pro~ises, it is hereby
ORDERED AND ADJUDGED that Metr~olttan Dade Counl~a m~ion ~ and
~e ~ is hereby grant~, ~nd the To~ of S~ide. ~l~ough it shall ~ot ~ r~uired
tD;re~ve ~e ba~ier gates at ~i9 time, shall ke~ and main~in ~e b~ier gates
s~rely opened to ~rough
Lf,~a'opollum Dale COL~ty. eR:. w. To~,m uf 8~T~i~
Case 1~o. 96-23958 (CA- 02)
Page ~o. 2
shall remove signage erected by the Town that indica[es the street is closed.
I DONE AND ORDERED in Chambers at Miami. Dada County, Florida, this
. ['~ ,day of December, 't996.
cIRCUIT COURT JUDGE
es furnished to:
Steven Cypen. EseLuire
Thomas Go d'.ste~n, 'Esqu re
Lynn M. Dannhaie~er. Esquire
Debora J. Turner, Esqul~'e
ME~I%OPOLITAN ~E ¢!OUNT~,
NO. 96~23SS8 ~ 02
J
: THI~ CAUght c~me on to
verified Petition for T~r~ Injection,
or conc~nce of ~t=o~llt~ ~de Cowry,
of ~ Beaoh ~ or~r to r~late t~ough ~aff~ in ~he T~ of
12/16/96 15:19 Tx/rix Ix[0,5596 P.004 ·
case ~o,. 96-2395B CA
~O the pamking lot of S'=. Joseph's Church which is on th~ eaatern
8id~ ', o£ Blr~on Av~n~e.
and p~su~t to S~tlon 2-~6.1 of the Dada County Code, D~de C~y
46S (F~a. 1958) ~d Dada c~tv v. ~alla~eno, 303 ~o.2d 692 (Fla.
3d ~ 1974). It i~ thereupon,
The Verified Petition for Temporary Injunction is he=eby
2. The Town of surfside ~hall ~ediatelycause =he gates of
the isubJect traffic control device on B~lon Avenue ~o ~ securely
o~h~ at all timmm to tbxough traffic u~ltil ~urther 0rd~r of abe
Court. In addition, all ~ignage w~th ~egard to ~his "atree~
olosure" erected b~ tile Tow~ of Surf~lde shall be re,dyed
fo~hwith.
D~NE~O~DEREDin ChamberS, a~Mi~m~ Dada County, Florida,
day o~ De~e~k~=, 1996.
~ON~t.D FRIED~
Thomas Gold~tein,
Lib_nM. Dannhei~ser,'Esq.
De~ra J. Turner,
2
12/]6/96 15:19 TX/P~ N0.55§6 P.O05 ~
,~" RESOLUTION NO. R96-5 ~-'
A RESOLUTION OF THE ~OARO OF DIRECTORS OF THE DADE LEAGUE OF
CITIES, INC., TO THE METRO~OLIT~AN DADE COUNTY COMMISSION ANO
THE METROPOLITAN DADE' STREET CLO~URE COMMITTEE WHICH
REVIEWING ALTERIIIATtVES AND.POTENTL~L RECOMMENDATIONS FOR
UNIFORM APPUCATION$ REGAII~ING STREET CLOSURES.
WHERE&S, the Metropolitan Dada County Commission and its committees w~]l be
reviewing proposaJs, alternatives, goliciel and practices regarding street closures; end
WHEREAS, numero~ requests are generated by local residential ~e~g~borhood~
and/or by t~eir local governments; and
WHEREAS, many of these ~pplicaTions aD not 5]gn~l~cantly img~cT any cOUnty
roadway or e~rglncy vehicle ~erltJon,
NOW, THEREFORE.
BE IT RESOLVED by the Board of Oirect~s of The O~e League of C~es, lng., [hit
Metropolitan Dade County, iTS aamlnistretio~ and co~ees IdOp: ~e ooticles and
pfact~es wh~c~ support local self ~eterminatJon by ideal neighb~ho~ where adeaue~e
excessi~ility end a~xangements for all :ifa safety emergency vehicles are met a~d there
~o significant imgaCt On a counly to,way.
~ction 1. The toregoi~ zecitats ale true a~ c~rect.
PASSED AND ADOPTED this 21s~ day ot May. 1 ~96.
TtEI'IERALD, THUflSDAY. JANUARY$0, 100T,
Opa-locka seeks..
to gain autonomy:
City wants control over its streets'
IIoping to avert potential prob-
Jcn]s wilh counl~v government,
and in snpport olnnothcr Dndc
city, thc'Opa-locka Commission
has approved a resolution calling
for/}tore r.')ntrol over ils streets,
"We W.~nt more commullJca-
tiaa," said Opa-locka City Man-
ager £ar[tie Heal, "we want more
authority, we want · more
hands-on."
Although thc resolutiolr is a
formal announccmcut of Ibc
cil~/S Jnlenlions il C,wries little
weight With county governnaent,
said Meh'o's highway division
chief Jailing Leone.
(.!pa-locl:a hasn't had any
major ploblems with Dado. but
they saw firsthalld where a figltt
over rands could Icad when
town of,~urfsi(.e decided to close
one of their residential streets Io
stop spccdin.8 traffic ~ a lawsuit.
Opa-locka s resolution resulted
from a fetter -- dated Jan. 3 --
from Surf side Mayor Paul
Novack. in that Icller, Novack
called for a consolidatcd effort to
restrict thc county's authority.
[his IS a very Imp,arrant issue
because the county is trying to
increasingly cae. roach o~t Inunici-
pal autho,,t, it.y, Novack said
Tuesday. It s a power grab by
thc county."
,"the county enjoyed a small
victory who) It was given a lam-
Although Opa-locka's
resolution .is a for~al . 7::::i'
announcement o~ the
city's intentions, it
carries little weight,
with county
government. '
porary 'injunction to rcoPcn
Byron Avenue at 87th Telxace,
but Ihe case.has since pone t~O the
Third District Court of Al~peal,
Novack said.
The ilighway Division df the
' public works department hSs not
Seen Opa-locka reaolution~ Leone
said. Although the departnicnt'a
goal is, to work cooperatively "
with cities, the resolution ddCSn*t
m?,an,.m, uc, h and won't, p/greet
cit:cs if ~t Is not compat,bl~i with
county or.d, inance$,, Leone ibid.
,"An ordlnanc, e is In plact~ and
81v, es jurisdiction wheth(Jr in
unmco, rporated or incorporated
Dad¢,' Leone said.
Heal calls the resolution a
cooperative effort tlm,~ signals the
city'S plans, not fighting words.
, ~We're not .figMin$ ncce~sar-'
fly, it's sgmcthln~ we're workin~
coopcrat}vely~ Il gives Us a little.*
marc authority to monitor our-
roadways more carefully."'
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING MUNICIPAL
JURISDICTION AND AUTHORITY OVER LOCAL ROADS
WITHIN MUNICIPAL BOUNDARIES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, municipalities have the responsibility of exercising jurisdiction over
local roads within their borders in accordance with the laws of the State of Florida; and
WHEREAS, local roads within the boundaries of municipalities are uniquely
suited to governance by municipal authorities; and
WHEREAS, roads that are owned and maintained by municipalities should be
subject to regulation and prohibition of traffic in accordance with state and municipal
law; and
WHEREAS, Metropolitan Dade County has adopted a county ordinance which
purports to convey exclusive authority over all roads, in both unincorporated and in
incorporated areas, to the county itself; and
WHEREAS, the Public Works Department of Metropolitan Dade County has
attempted to exercise jurisdiction over local roads within the boundaries of
municipalities; and
WHEREAS, in the absence of a substantial showing that a municipal road or
traffic regulation creates a significant negative impact upon county or state roads, there
should be no interference by county agencies or departments in a city's exercise of
municipal jurisdiction over roads within its boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura, by and through its City Council, hereby urges
officials of Metropolitan Dade County to repeal all county ordinances or sections thereof
which purport to convey jurisdiction over municipal roads to the county.
Section 2, The City of Aventura, by and through its City Council, hereby
resolves to retain municipal jurisdiction and authority as set forth under the Florida
Statutes.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of February, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _.~
Eric M. Soroka, City. y~.c~da er
January 29, 1997'-' ~.
Resolution Urging the Florida Legislature to Enact Legislation to
Repeal Preemption Language in the Clean Indoor Air Act and Return
the Right to Enact Tobacco-Related Ordinances to Local
Government
February 4, 1997 City Council Meeting Agenda Item
Attached is the subject resolution which was discussed at the January 27, 1997 Council
Workshop Meeting.
if you have any questions, please feel free to contact me.
Attachment
EMS/aca
CC0215-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ENACT LEGISLATION TO REPEAL
THE PREEMPTION LANGUAGE IN THE FLORIDA CLEAN
INDOOR AIR ACT AND RETURN TO LOCAL
GOVERNMENT THE RIGHT TO ENACT AND ENFORCE
TOBACCO-RELATED ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, cigarette smoking kills moro Americans each year than alcohol,
cocaine, heroine, murder, car accidents and AIDS combined; and
WHEREAS, this Council is seriously concerned about the health hazards of
smoking and the effects of secondhand smoke inhaled by nonsmokers; and
WHEREAS, the tobacco industry has as its chief legislative strategy the romoval
of local authority to rogulate tobacco; and
WHEREAS, this Council believes that rights should be vested in local
government to enact and enforce tobacco-related ordinances if they choose to do so.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. This City Council urges the Florida Legislature to enact legislation
to repeal the preemption language in the Florida Clean Indoor Air Act and return rights
to local government to enact and enforce tobacco-related ordinances if they choose to
do so.
Resolution No.
Page 2
Section 2. The City Clerk is hereby directed to forward a copy of this
Resolution to the Governor of the State of Florida, the Florida Legislature and to the
Florida Department of Health.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember 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 this 4th day of February, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Ams
January 17, 1997
Mayor Arthur Snyder
City of Aventura
2999 NE 191 Street
Aventura, FL 33180 T~&W,~
Dear Major Snyder: ~ ~.~aJ~T~
I am writing to you on behalf of the Florida Tri-Agency Coalition on Smoking
or Health (American Cancer Society, American Heart Association, and the
American Lung Association) and the entire Tobacco-Free Dade Coalition
consisting of various other organizations and associations throughout Dade
County that have a stake in tobacco control. It is our hope to win your
support of our Legislative Agenda for the 1997 Session of the Florida
Legislature. Specifically, to amend the Florida Clean Indoor Air Act by
~movin~ the preemption language. -
Briefly, the Coalition's legislative priority for 1997 is to eliminate tobacc~
use in public places. The current preemption clause within the Florida Clean
'Indoor Air Act prohibits local communities from enacting stronger indoor air
regulations in pubic places.
The American Cancer Society, working with their other Tri-Agency partners,
will be drafting a bill in January 1997 that will be introduced in the House
and the Senate to eliminate this preemption clause. The current state law
would then serve as the minimum; cities and counties would be allowed to adopt
local ordinances that are stronger than the current law according to local
community preferences.
The bill will have bi-partisan support in both the House and the Senate. We
are asking your City to support this bill by enacting a resolution in favor~of
the bill and possibly identify a representative from your City that wou~ be
willina ~o ~rave£ {all expenses ~aid) to Tallahassee to testify at Legislative
~mmit~ee hearinqs if needed. I have enclosed a draft of a resolution for
f~peal of preemption.
Please help us give our communities "home rule" and the ability to respond to
their citizens' wishes.
You can contact my office at your earliest convenience, my phone number and
business card are attached. Let us know if your City is interested in
supporting this bill, or if you would like more information, and even if you
are not interested, please let us know your reasons. Of course, we would like
to try and get as many cities signed-up before the Legislative Session begins
on March 4, 1997.
In the meantime, I have enclosed some important items for you to review that
might be helpful regarding this matter: fact sheet on removal of preemptJ.on;
background and history on the Florida Clean Indoor Air Act; an actual copy of
the current law; and some tobacco facts.
Thank you for your time and attention on this vital issue.
Sincerely~
Darla L. Worley,
Advocacy Coordinator
Dade, Broward and Monroe Counties
Tobacco Free Florida Coalition
3901 N.W. 79th Avenue, Suite 224 o Miami, FL 33166
Phone: (305) 594-4363 · Fax: (305) 994-7457
DRP~ (~nd~v£dual c£t£es)
Resolution for Repeal of Preemption
Whereas cigarette smoking kills more Americans each year than
alcohol, cocaine, heroin, murder, car accidents and AIDS
combined; and
Whereas 28,000 people from Florida die of tobacco caused diseases
each year; and
Whereas secondhand smoke inhaled by nonsmokers can cause serious
health problems, especially among children; and
Whereas rates of smoking among children in Florida are
increasing, according to the Centers for Disease Control and
Prevention; and
Whereas every 30 seconds a child in Florida smokes for the first
time, and one-third of these new smokers will eventually die of
tobacco-related diseases; and
Whereas the tobacco industry has as its chief legislative
strategy the removal of local authority to regulate tobacco; and
Whereas citizens in local communities believe they should have
the power to protect themselves from secondhand smoke and protect
children from tobacco; and
Whereas the Mayor and City Council
concerned about the health hazards
tobacco by children; and
of [City] are seriously
of smoking and the use of
Whereas the current laws of the State of Florida, including
Florida Clean Indoor Air Act preempt local regulation of tobacco
use; and
Whereas the Mayor and City Council believe that rights should be
vested in local communities to enact and enforce tobacco-related
ordinances if they choose to do so;
Now, therefore be it resolved, that the Mayor and city Council
exhort the Florida Legislature to enact legislation to repeal the
preemption language in the Florida Clean Indoor Air Act and
return rights to local communities to enact and enforce tobacco
related ordinances if they choose to do so.
And be it further resolved, that the Mayor and City Council
strongly encourage other cities and towns in Florida to adopt
similar resolutions.
And be it further resolved that the [City Clerk] is hereby
directed to distribute copies of this resolution to the Governor
and the Lieutenant Governor of Florida, to all members of the
1997 Legislature, and to the Florida Department of Health.
Dated this -- day of
· 1997.
Submitted by:
Providing ans;,ers,
Sang .qves.
AMERICAN CANCER SOCIETY
FLORIDA DIVISION, INC.
PUBLIC ISSUES
FACT SHEET
REPEALING PREEMPTION
Florida Statute Chapter 386.109, known as the Clean Indoor Air Act, states that no local law may be
stronger than the state law regarding the regulation of clean indoor air. This means that no county or
city may enact a clean indoor air law that is more stringent than the state law.
The Florida Tri-Agency Coalition on Smoking OR Health (comprised of the American Cancer
Society, American Heart Association and American Lung Association) actively supports legislation
which would allow local governments to pass clean indoor air laws that are stronger than the state
law.
A survey was conducted in Florida during February, 1996, by Mathematica Policy Research, Inc.,
and funded by the Robert Wood Johnson Foundation for the Tobacco Free Florida Coalition. Results
of poll questions relating to local government control are listed below:
73.5%
believe that local communities should have the power to pass laws protecting
people from second hand smoke in public places.
Cities and Counties should have the ability to respond to their citizens'
wishes. Variations in local enforcement methods and penalties mirror
residents' local priorities.
73.0%
believe that local communities should have the power to pass laws protecting
people from second hand smoke in workplaces.
According to the Environmental Protection Agency, second-hand smoke
causes heart disease and cancer in non-smokem.
72.0%
believe that local communities should have the power to pass laws protecting
people from second hand smoke in restaurants.
65.O%
In restaurants, workers are heavily exposed to second-hand smoke and inhale
the equivalent of smoking 1 t/2 to 2 packs of cigarettes per day.
believe that local communities should be in control of the laws that affect
their health.
Tobacco products are a major cause of heart disease, cancer, acute bronchitis,
stroke, low birth weight and other aliments resulting in approximately
420,000 deaths a year.
Division Contact:
Ralph A. DeVitto
Vice President of Government Relations
1-800444-1410 x401
PREMPTFS.PI November 4, 1996
Providing answer~
Saving lives.
** 1-800-ACS-2345
POSITION: ACTIVELY SUPPORT
BACKGROUND:
Florida Clean Indoor Air Act
The main purpose of th~ Florida Clean Indoor Air Act is to protect the pubZi¢'s health,
comfort and environment by creating areas in public places and at public meetings that
are reasonably free from Tobacco smoke.
Preemution
Preemption provisions in state clean indoor air laws and other tobacco measures
remove thc authority of local governing bodies to pass stronger local oraln.nces
relating to smoking in Public Phces.
History of the Florida Clean Indoor Air Act
The Florida Clean Tndoor Air Act (FCIAA) was passed by the Florida Legislature in
1985, and signed into law by then Governor Bob Graham. It went into effect on
October 1, 1985.
The FCIAA at that ~ime provided for public places in Florida to be reasonably free
from tobacco smoke. It did ~hls by defining public places for the pm'pose of the Act,
and declared all public enclosed indoor areas to be non smokin~ areas unless they were
specifically designated as smoking permitted areas. This early version provided little
enforcement power, and therefore was largely ignored.
In 1988, the Florida Legislature amended the FCIAA to include enforcement and Rule
Making Authority to the Department of Health and Rehabilitative Services and the
Depa~Lmcnt of Business Rcgulation's Division of Hotels and Restaurants.
In 1992, the Florida Legislature amended the FCIAA to provide:
· No smoking in Hospitals
· No smoking in schools or other education~! facilities
- OVER -
3709 West Jetton Avenue · Tampa, FL 33629-5146 · (813) 253-0541
· No smoking in day care centers
· Expanding the definition of Common areas
Requiring public announcements in public transportation carders in
metropolitan areas stating that Florida is a clean indoor air state and titat
smoking is allowed only in designated areas
· Specific provisions for all restaurants seating more than 50 people
CURRENT LAW RELATING TO THE DEFINITION OF PUBLIC PLACES AND PREEMPTION
CLAUSE
Current law defines "Public Place" as: enclosed, indoor areas used by the general
public, government buildings, public mean.q of mass tran .mortation and their associated
terminals not subject to federal smoking regulation, elevators, hospitals, nursing homes,
educational facilities, public school buses, libraries, court moms, jury waiting and
deliberation rooms, museums, theaters, auditoriums, arenas, recreational facilities,
restaurants which more than 50 persons, retail stores, except a retail store the primary
business of which is the sale of tobacco or tobacco related products, grocery stores,
places of employment, health care facilities, day care centers, and common areas of
retirement homes and condomlnlnm~.
Current law expressly pre-empts regulation of smoking to the state and supersedes
any municipal or county ordinance on the subject. (In other words, cities and
counties are prevented from adopting monger local ordinances than the cun-ent State
law).
Establishment of strong public indoor smoking con, roi laws, at the Federal, State and
Local levels will protect public health by effectively reducing involuntary exposure to
environmental tobacco smoke.
The American Cancer Society, Florida Division, Inc., actively supports legislation that
will set ~ minimum standard, at the State level, and allow cities and counties to adopt
stronger ordinances to protect the health of no~okers by ellmlnnfing their exposure to
environmental tobacco smoke through enactment of comprehen.qive smoking restrictions.
In storming, the American Cancer Society, Florida Division, Inc., ACTIVELY
SUPPORTS removing the preemption clause from the Florida Clean Indoor Ak Act.
DIVISION CONTACT:
Ralph A. DeVitto
Vice President of Government Relations
1-800 ~.~.~. 1410 x 401
o. cco SMEET
%More than 400,00 Americans die prematurely each year due to cigarette
smoking. This is i out of every 5 deaths in the United States. Each year
smoking is responsible for 5 million years of life lost.
%Each day, more than 3,000 young people begin to smoke-that's more than 1
million new smokers each year. Among teens who are regular smokers, I in 3
will die from smoking.
%Lung cancer is the leading cause of cancer deaths for both men and women ,
blacks and whites. Each year more women die of lung cancer(59,000) than
breast ~ancer(46,000). If we do not prevent tobacco use among our teenage
girls, this epidemic will repeat itself in our future generations of women.
4The decision to ~moke Is nearly always made tn the teen years. Among adult
smokersI 80% smoked their first cigarette before their 18th birthday-and by
this time '50% were already smoking dally. Among high school seniors who use
smokeless tobacco, 73% had tried it by grade nine.
costs
%Smoking costs approximately $4 billion in Florida each year in increased
health cost and lost productivity-that's roughly $300 for every man,.woman and
child in Florida.
45289 MILLION A YEAR (1992-93 Florida Medicaid Costs Related to Cigarette
Smoking)=
Costa Related to Cigarette Smoking Add Upi
Illness Patients Medicaid
Treated Costs
Health Effects and Public Health Im~m"~ of Involuntary Smok£no*
*InvQluntar¥ smoking causest
Increased frequency o£ cough and wheezing in children
Increased rates of pneumonia, bronchitis and other respiratory £11ness
in ch£1dren
Reduced lung function and lung grouch in children
Increased rates of chronl~ ear Infections in children
Increased risk of heart disease in adults
Increased r£sk of lung cancer in addit#
Increased risk of other cancers in adults
Exacerbation of symptoms in adults with chronic obstructive lung disease
Exacerbation of symptoms in persons with asthma! and
Exacerbation of eyml~ome In adultewith hsaz~ disease.
4Environmental tobacco smoke is a Class A carcinogen - a substance known to
cause cancer in humans for which there is no safe level of exposure.
~The beat estimate ofinvoluntary emoking-related~ortality
in the United States 1s$3,000 deaths per yearl 37,000 from heart disease,
3,700 from lung cancer, and 12~000 from other cancers.
.Involuntary smoking, is the thiz~ leading'cause of preventable death, behind
only active smoking and'alcohol.
tThe cancer mortality from involuntary smoking alone exceeds the combined
mortality from all ~egulsted environmental carcinogens. While Involuntary
smoking ~e the number one cause of environmental cancer, it Is essentially
unregulated.
FDA HeoulatLon o£ Tobacco Products
The proposed regulation would bas
-Prohibit c~garette and smokeless tobacco sales to people under 18.
Retailers must verify age of consumers.
-Ban s~les via vendtngmach£nes, mall orders, self-service displays and
other ~mpereonal methods.
-Prohibit distributions of free samples.
-Ban sale of individual cigarettes end of packs of fewer than.20
cigarettes, sometimes called "kiddie packs".
-Forbid brand-name advert~sing at sporting events and on products not
related to tobacco use, such as T-shirts and hats.
-Forbid outdoor tobacco ads within 1,000 feet of schooleand
playgrounds.
-Limit advertising in publications that reach a significant
number of children and teenagers to black-and-white ~ext only.
-Hake manufacturers, distributors and retailers responsible for
under-age sales.
-Require tobacco companies to pay fcc a $150 million advertising
cnmpalgn, £ncludLng TV co~,erciale, to discourage young people from
smoking.
1993
PARTICULAR CONDITIONS
nuisance in any city, tow~, or place.withln t~e state, and
ff suct~ condition is determined to constitute a Smlitary
nuisance, they may ta~e such action to a~ate the said
nuisance condition in - __.~3ordarl~ with the provisions of
this cha,oter.
386.051 Nuisances inju~ous to health, penalty.--
~y ~erson found .g~. iity of creating keeping, or maln-
ng a nuisance inj~nous to heNth shall be guilty of aL
misdemeanor of the second degree, punishable as pro-
vided in s. 775.082 or s. 77~.08~.
PART II
INDOOR AIR~ TOBACCO SMOKE
~86.2~1 Sho~t title.
386 Pt~ Legislative intent.
386~07 Admth~a[,~on; enforcement; civil penalties:
386.209 Re[-,bm~n of sm~tdng preempted to state.
366,202 I. egi~a~e intent,--The purpoee of this
merit by ctasting amee tn put~c i~ _*~_s and at publk~
ture.to discourage the deaignmion of any ama witNn a
386A03 D~fl"ttim~--A. ueed In this pert:
(1) 'Public ph~:e' means the fallowing enclosed.
(~) Govemmant bua~angs;
associated tenWcem not subject to fecleraJ smoking reg-
uJation;
(c) Bevato~
(d) ~
(e) Nu~ng home~
(h) I.Ihrade.~
(]) Jury waiting and dalreeration rooms;
(k) Museums;
0) Theetms;
(m) Auditchums:
(n) Arenas;
A~G PUBUC HEALTH
(0) Reematior~
(p) Restaurants which seat m~e than 50 ~rsons:
(cO Retail ~.k~-ea, ~ a retail store the pnma,T
(~) F~,~es of emp~ymant;
(u) Oay cam centanc and
(v) Common emas of retirement homes and condo-
(2) 'L~gwemmeflt bu~lblg' means a,'ly building or any
ixxtlml of rosy flutldhlg owned by or leesed to the state
or amy po#rural sut ~tv',.~ thereof and used f~ govern-
(3) 'Publk3 nleetfng' masns all meetings open to the
~ ~ fllOOtillgs of Ilomeowcer, condornin-
lure. or reflter or tenant associations unless such meet-
(4) 'Smelting' mee~ ~ of a ~ghted c~g~-
(5) '~t~g ama' means any designated area
(6) 'Ccmaca exea' ~ any hallway, cor~dor,
(1) 'Oe~mmanr means me Oepanmant of Hee~m
(8) 'OivtMofl' moa~l tho OiviM(m of Hotals and Ras-
· ~86.20~ PfofdlalOoeL.--~ ~ mm/not smo~e in a
put~ ptace ~r et a .~'h~' meeting ~t In designated
ImoMng .m~. 111eec pmll~tt~ns do not apply in ca~s
PARTICULAR CONDITIONS AFFECTING p~mH~ HEALTH
hospitsi, nursing home, or other heeifh ca~e facility may
be designated as a smoking ares if such designation is
orctarea by the a~tending physician and ~greed to by all
patients assigned tn that room.
(b) Notwithstanding anything in this part to the con-
trary, no mom than one-half of the rooms in any I~ealth
care facility may be designated u smoking areas.
(3) in a wodq31ace where.there am smokers and non-
smokers, employers shall develop, impisment, and I:x3st
.a policy regarding designati~n of smoking and nansmok-
~ng areas. Such a policy shall take into consideration the
proportion of smokers and nonsmokers. Employers v/no
mal<e reasonable efforts to develop, implement, and
post such s policy ~ be deemed In compliance. An
entire area may be designated as a smofdng are~ if ali
workers routinely asalgnod to. wan~ in that aras at the
asme time agras. V'~h reepect to the square footage in
any public pMce as deschbed in subsection (4), this
square footage shall not inctude private office work
spa, ce which is not a cerumen area as defined in so
386.203(6) and which is ordinarily inaccessible to tha
public.
(4) No rnem tben one-half of the totaJ square foot.
age in any poblic plase within a alngle anofoeed indcor
designated as a smoking ama. This square footage ilml.
tmion does not al3ply to re~tasranta as defined in s.
386.203(1Xp). However. such a mstaursnt must emmm
that no more than 65 pemant of the eeats ~_~.~;ng in ifs
dining room at any time am located in an ama desig-
nated as · smoking area.
(5) A smoking area may not contain common ames
which are e~peofad to be used by the public.
(2) Pubtic aganciee msiaonsible for the management
and maintenance of government buildings stall report
~ewecl vk~attono to the depamnem.~r divisian. The
State Fire Mamtml sbeJl report t~ the department or divi-
fsuncl dung Its portoclt= inspoctions cancluctad pursu-
ant to its reguistmy authority. The department or the
division, upon notification of of 3aswad violations cf as.
386.2~ and 386.2{36, ahall Issue to the pmp~istor or
oftmr person in charge of _~__,~. poblic place a notice to
ccxnPlY with 'es. 386.205 and 338.206. if such porson falls
to comply within 30 days a:l'ter reeeipt of such nofiee, the
againat him not to ey.~ed ~100 for the first vioist~On and
not to n~_ __~ed ~ for as~ subeequant viola~an. The
Imposiflan of ~moft fine ,~all de in ascordance with the
with ss. 386.2~5 and 386.2G6, after having been
aseeasad ,~,,-~ pomdty, Iha department or the division
may file a compinint in the --~. ~...it court of the ceunty in
whtch such pot:dtc place is kx=ated to require compti-
338.2135 and 388.2~6 by applying to the department or
eeemrmms m a cam-by-casa ba~s where if ~etar.
(4) AIl rme m,~noya cr~isctacl pum,,mnt to this saofion
~ be used by the department for chlldrsn's medical
~ ~ person who violates s.
386.204 ~.,~, .l.::.- a..u. ~,~ .'-,-.'.--~ vt~ation as provided for
· 100 fl3r the flint vinlattorl and not mom than $500 tot
~,flers I(v-~*_,~J In metropolitan statistical areas with
i:x~[llatlons over 2~0,000 ra;(;~.~lg to the latest cenans.
minutes ~ ~ ~ ~ ~ ~d~ ~ges.
~~~ea~~e
~~isa~~d~
a public place ~ compioususly post. or ~"=-=e to ha
posted, in any aras desigeetad as a smoking aras algns
etatingthat smoking is permitted in such area. m=,-h sign
posted pumuant to this ee_~J_ __n-~_ eball have lettem of rea.
sona~Je size which Gan de eestly mad. The coinr, design, a~m]pdate county coup.
t° the d:~'-;~-ilion of the Pemon in charge of the P~'em!L~e- -~. ~ I~MMk~ Ml~ I~ to atate.
In order to increase pol31i= awareness, the perasn in
of~arge of a p _ut _~l=_ ;~ca may, at hm dls=mtjan, aisc ix=t Th~ tort asPra~Y Ixasml~m~'~'+~ of an~Jng to
CITY OF AVENTURA
OFFICEOFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka,
January 29, 1997
ag(
Amendment to 1996/1997 Budget to Fund Additional Police Dispatch
Position
February 4, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Budget Amendment
Resolution to fund three additional police dispatch positions to provide a full service
communications center. The total cost for the remainder of the fiscal year is
approximately $60,000 and will be funded from the reserve account.
BACKGROUND
At the time the budget was originally prepared in June 1996, it was anticipated that the
dispatch services provided by Metro-Dade would adequately deal with the City's start-
up needs. It was also anticipated that additional dispatchers would be added in the
second year beginning in October 1997. The original projection envisioned hiring four
(4) dispatcher positions. However, upon further investigation and research into this
issue, it is important that we re-address this function's staffing requirements at this time.
Two concerns were raised that requires re-addressing the staffing issue. The first
concern deals with the actual dispatch function. The following is an illustration of how a
911 call is handled in Dade County:
a. Citizen dials 911, Metro-Dade Dispatch takes call and information
b. Metro-Dade Dispatch notifies local police agency of the call
c. Local police agency dispatches police unit to the location
In order to ensure that we can speed up response to emergency calls for service, we
will pursue educating our residents and businesses to dial the Police Department
directly at 466-8999. This requires, for optimum service, a minimum staffing of seven
(7) dispatch positions. This would allow for two dispatchers on day and afternoon shifts
and one dispatcher on the midnight shift. It is a priority to provide immediate service
and not have the citizens and offices of Aventura wait undesirable lengths of time for
service.
The second concern relates to establishing "one stop shopping" within the Police
Department. Historically, each section in a police department is responsible for
providing information on their individual units. When a call is received by the
Communications Center, it is transferred to the responsible unit. Conversely, the
Aventura Police Department will utilize the "one stop shopping" concept. This will
require all dispatchers to be crossed trained in each area of the department. They will
be equipped with the basic knowledge necessary to answer questions and assist the
public relative to any section of the Department. This will allow the caller to receive
answers to questions with only one phone call and provide more time to the other units
in dealing with day-to-day requirements. In furtherance of our customer based concept,
necessary staffing is required to implement this system.
Based on the foregoing, I strongly recommend that three (3) additional dispatch
positions be funded at this time.
you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0217-97
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 "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.
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.
Resolution No.
Page 2
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
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 this 4th day of February, 1997.
, who
, and
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL
SUFFICIENCY:
CITY A'T-I'ORN EY
EMS/tms
Exhibit "A"
Budget Amendment
General Fund
PUBLIC SAFETY
1996197
BUDGETARY ACCOUNT SUMMARY
01-20-521
EXPENDITURES
1-10-1200
1-10-2100
1-10-2200
1-10-2300
1-10-2400
PERSONAL SERVICES
Employee Salaries 997,270 43,750 1,041,020
FiCA 76,29t 3,347 79,638
Pension 119,672 5,250 124,922
Health, Life & Disability 144,547 7,525 152,072
Worker's Compensation 85,328 311 85,639
Position - Revisions
Number Description Action
Police Department
2054 - 2056 Dispatchem add
6~0~999
Capital Outlay
Non-Departmental - 590
Capital Reserve
2,441,653 (60,183) 2,381,470
Page 1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
January 29, 1997
Ordinance Enacting Regulations Governing Lobbying Activities
in the City
Ist Reading January 21, 1997 City Council Meeting Agenda Item 6-A
2nd Reading February 4, 1997 City Council Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance that establishes
regulations governing lobbying activities in the City. The Ordinance replaces Section
2-11.1 of the Dade County Code. The regulation of lobbyists will assist in promoting
and maintaining the integrity of the City government. The Ordinance has been
amended to include the revisions discussed at the Council Workshop Meeting.
BACKGROUND
The Dade County Code, which is attached, contains regulations governing lobbying
activities that are cumbersome from an implementation standpoint. The attached
Ordinance was prepared to meet the needs of the City of Aventura. Simply stated, the
Ordinance requires all lobbyists, as defined in the Ordinance, to register with the City
Clerk and disclose annual expenditures.
If you have any questions, please feel free to contact me.
EMS/aca
CC0216-97
§ 2-11.1 DADE COLrNTY OODE
section shall not prohibit any official, officer, em-
ployee or person from taking official action (1) to
promote tourism or downtown development or re-
development within the County or any portion
thereof, or (2) to authorize the expenditure of public
funds for promoting tourism or downtown devel-
opment or redevelopment, so long as no such au-
thorized public funds are to be paid to such person
or a member of his immediately family or any
business in which he or any member of his imme-
diate family has a financial interest. (Ord. No.
72-82, § 1, 11-21-72; Ord. No. 73-50, § 1, 5-15-73;
Ord~ No. 75-76, § 1, 9-17-75; Ord. No. 77-13, § 4,
3-1-77)
(o) Acquiring financial interests. No person in-
cluded in the terms defined in subsections (b)(1)
through ~(6) shall acquire a financial interest in,a
project, bnsiness entity or property at a time when
he believes or has reason to believe that the said
financial interest will be directly affected by his
official actions or by official actions by the County
or County agency of which he is an official, officer
or employee. (Ord. No. 72-82, § 1, 11-21-72; Ord.
No. 77-13, § 4, 3-1-77)
(p) Recommending professional services. No
person included in the terms defined in subsec-
tions (b)(1) through (6) may recommend the ser-
vices of any lawyer or law f'rrm, architect or ar-
chitectural Chum, public relations Cmn, or any ether
person or firm, professional or otherwise, to assist
in any transaction involving the County or any of
its agencies, provided that such recommendation
may properly be made when required to be made
by the duties of office and in advance at a public
meeting attended by other County officials, of-
ficers or employees. (Ord. No. 72-82, § 1,' 11-21-72;
Ord. No. 77-13, § 4, 3-1-77)
(q) Continuing application for two (2) years after
County service. No person included in the terms
defined in subsection (b)(1), (5) and (6) [commis-
sioners, departmental personnel and employees]
shall, for a period of two (2) years after his County
service or employment has ceased, act as agent or
Attorney for anyone other than Dade County in
connection with any judicial or other proceeding,
application, request for ruling or other determi-
nation, contract, claim, controversy, charge, accu-
sation, arrest or other particular matter in which
Dade County or one (1) of its agencies is a party or
has a direct and substantial interest, and in which
he participated personally and substantially as
an official, officer or employee, through decision,
approval, disapproval, recommendation, the ren~
dering of advice, investigation, or otherwise, while
so employed in County service. (Ord. No. 72-82, §
1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77)
(r) County Attorney to render opinions on re-
quest. Whenever any person included in the terms
defined in subsection (]0)(1) through (6) and sub-
section (b)(9) is in doubt as to the proper interpre-
ration or application of this conflict of interest
and Code of Ethics Ordinance as to himself, or when-
ever any person who renders services to the
County is in doubt as to the applicability of the
saldor~nance as to himself, he may submit to the
1County A~terney a fall written statement of the
'facts and questions he has. The County Attorney
shall then render an opinion to such person and
shall publish these opinions without ~ise of the
name of the' person advised unless such person
requests the use of his name. (Ord. No. 73-26, § 1,
3-20-73; Ord. No. 77-13, § 4, 3-1-77)
(s) Lobbying.
(1) As used in this section, "County personnel"
means those County officers and employees
specified in Section 2-11.1(i)(2) of the Dade
County Conflict of Interest and Code of
Ethics Ordinance.
"Lobbyist" means all persons, firms, or cor-
poratians employed or retained by a prin-
cipal who seeks to encourage the passage,
defeat, or modifications of(l) ordinance, res-
olution, action or decision of the County
Commission; (2) any action, decision, rec-
ommendation of any County board or com-
mittee; or (3) any action, decision or recom-
mendation of County personnel during the
time period of the entire decision-making
process on such action, decision or recom-
mendation which foreseeably will be heard
or reviewed by the County Commission, or
a County board or committee. "Lobbyist"
specifically includes the principal, as de-
scribed above, as well .as any agent, officer
or employee of a principal, regardless of
whether such lobbying activities fall within
27O
ADMINISTRATION § 2-11.1
(2)
the normal scope of employment of such
agent, officer or employee.
All lobbyists shall, before engaging in any
lobbying activities, register with the Clerk
of the Board of County Commissioners. Ev-
ery person required to so register shall (a)
register on forms prepared by the Clerk, (b)
pay a registration fee of twenty-five dollars
($25.00) and (c) state under oath his or her
name, business address, the name and busi-
ness address of each person or entity which
has employed said registrant to lobby, and
the specific issue on which he or she has
been employed to lobby. If the lobbyist rep-
resents a corporation, partnership or trust,
the chief officer, partner or beneficiary shall
also be identified. Without limiting the fore-
going, the lobbyist shall also identify all per-
sons holding, directly or indirectly, a five
(5) percent or more ownership interest in
such corporation, partnership, or trust. Sep-
arate registration shall be required for each
specific issue. Such issue shall be described
with as much detail as is practical, includ-
ing but not limited to a specific description
(where applicable) of a pending request for
a proposal, invitation to bid, public hearing
number, etc. The Clerk of the Board of Court-
ty Commissioners shall reject any registra-
tion statement which does not provide a de-
scription of the specific issue on which such
lobbyist has been employed to lobby. Reg-
istration of all lobbyists shall be required
prior to October 1 of every even-numbered
year and each person who withdraws as a
lobbyist for a particular client shall file an
appropriate notice of withdrawal. The fee
for biennial registration shall be one hun-
dred twenty-five dollars ($125.00). Initial-
ly, all lobbyists shall register on or before
June 1, 1991. In addition, every registrant
shall be required to state the extent of any
business or professional relationship with
any current person described in subsection
(bX 1). The registration fees required by this
subsection shall be deposited by the Clerk
into a separate account and shallbe expend-
ed for the purpose of recerdlng transcrib-
ing, ~dmlni~tration and other costs incurred
in maintaining these records for availabil-
(3) (a)
ity to the public. There shall be no fee re-
quired for filing a notice of withdrawal and
the Board of County Commissioners may,
in its discretion, waive the registration fee
upon a finding of financial hardship.
Any public officer, employee or appoin-
tee who only appears in his or her of-
ficial capacity shall not be required to
register as a lobbyist.
(b) Any person who only appears in his or
her individual capacity for the purpose
of self-representation without compen-
sation or reimbursement, whether dj-
rect, indirect or contingent, to express
support of or opposition to any item,
shall not-be reqnired to register as a
lobbyist.
Any person who only appears as a repre-
sentative of a not for profit corporation or
entity (such as a charitable organization, a
neighborhood association, or a trade asso-
ciation or trade ~mlon), without special com-
peusation or reimbursement for the appear-
ance, whether direct, indirect or contingent,
to express support of or opposition to any
item, shall register with the Clerk as re-
quired by this subsection, but, upon re-
quest, shall not be required to pay any reg-
istration fees.
Any person who appears as a representa-
tive for an individual or firm for an oral
presentation before a county certification,
evaluation, selection, .technical review or
similar committee, shall list on an affidavit
provided by the County, all individuals who
may make a presentation. The affidavit shall
be flied by staff with the clerk's office at the
time the proposal is submitted. For the pur-
pose of this subsection only, the listed mem-
bers of the presentation team shall not be
required to pay any registration fees. No
person shall appear before any committee
on behalf of an individual or firm ~mless he
or she has been listed as part of the firm's
presentation team pursuant to this para-
graph er unless he er she is registered with
the Clerk's office and has paid all applica-
ble fees.
(4)
(5)
Supp. No. 12 271
4 2-11.1
DADE COUNTY CODE
(6) Commencing July 1, 1986, and on July 1 of
each year thereafter, the lobbyist shall sub-
mit to the Clerk of the Board of County
Commissioners a signed statement under
oath listing all lobbying expenditures in ex-
cess of twenty-five dollars ($25.00) for the
preceding calendar year. A statement shall
be filed even if there has been no expendi-
tures during the reporting period.
(7) The Clerk shall publish logs on a quarterly
and an annual basis reflecting the lobbyist
registrations which have been filed in ac-
cordance with this subsection (s). The Clerk
shall publish logs for the fourth quarter of
fiscal year 1989-90 and the first quarter of
fiscal year 1990-91 as soon as practicable
after the effective date of this ordinance.
All logs required by this ordinance shall be
prepared in a manner substantially similar
to the logs prepared for the Florida Legis-
lature pursuant to Section 11.045, Florida
Statutes.
(8) The Clerk of the Board shall investigate
any person engaged in lobbying activities
who may be in violation of this subsection
(s). The County Attorney shall report the
results of the investigation to the County
Commission. The County Commission may
reprimand, censure, suspend or prohibit
such person from lobbying before the Coun-
ty Commission or any committee, board or
personnel of the County; provided, howev-
er, that any suspeusion or prohibition may
not exceed a period of two (2) years. Not-
withstanding any other provision of the Con-
itict of Interest and Code of Ethics Ordi-
nance, or the Code of Metropolitan Dade
County, the penalties provided in this para-
graph {8) shall be the exclusive penalties
imposed for violations of this subsection (s).
(9) All members of the County Commission, and
all County personnel, shall be diligent to
ascertain whether persons required to reg-
ister pursuant to this subsection have com-
plied. Commissioners or County personnel
may not knowingly permit a person who is
not registered pursuant to this subsection
to lobby the Commissioner, or the relevant
committee, board or County personnel.
(10) The validity of any action or determination
of the Board of County Commissioners or
County personnel, board or committee shall
not be affected by the failure of any person
to comply with the provisions of this sub-
section (s).
(t) Penalty. Every person who is convicted of a
violation of this section shall be punished by a fine
not to exceed five hundred dollars ($500.00) or
imprisonment in the County Jail for not more than
thirty (30) days, or by both such fine and impris-
onment.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-26, § 1,
3-20-73; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 86-
24, § 2, 4-1-86; Ord. No. 91-22, § 1, 2-19-91; Ord.
No. 92-27, § 1, 4-21-92; Ord. No.-95-21, § 1, 2-7-95)
Editor's note~Ord. No. 72-82, 4 1, amended this Code by
repealing former 4 2-11.1 relative to County officers and era-
ployees transacting business with the County and enacted in
lieu thereof a new 4 2-11.1 as herein set out. Former § 241.1
was derived from Ord. No. 59-44, 44 2---5, adopted Dec. 1,
1959.
Annotetions---AO 7-1; CAO's 76-8, 76-32, 76-36, 76-89,
76-43, 76-46, 76-50, 76-55, 77-1, 77-9, 77-14, 77-16, 77-19, 77-
26, 77-33, 77-87, 77-40, 77-41, 77-44, 77-52, 77-53, 77-56, 77-
63, 77-68, 78-2, 78-10, 78-11, 78-12, 78-17, 78-25, 78-33, 78-44,
78-47, 78-53, 78-54, 79-6, 79-7, 79-12, 79-16, 79-19, 79-32, 79-
37, 80-3, 80-4, 60-11, 80-21, 80-24, 80-25, 80-28, 80-29, 81-4,
81-13, 81-18, 81-22, 81-31, 81-38, 82-1, 82-10, 82-13, 82-19,
82-24, 82-25, 82-28, 82-29, 83-2, 83-6, 83-11, 83-22, 85-8.
State law reference-Cede of ethics for public officers and
employees, F.S; § 112.311 et seq.
Sec. 2-11.2. Sale of public property by mu-
nicipalities.
No mnnicipal corporation in Dade County, Flor-
ida, shall sell or convey for private use or to pri-
vate ownership all or any part of any tract of roal
property ten (10) acres or more in contiguous area
owned by it that has been or is hereafter acquired
by said m,mlcipality for a public or municipal pur-
pose, until full and complete information and data
concerning the contemplated sale or transfer of
such real property shall have been first submitted
to the Board of County Commissioners for a rs-
view and consideration, and the Board of County
Commissioners shall have approved and consent-
ed to such sale or transfer as being in conformity
with the comprehensive plan of development for
Metropolitan Dade County and not contrary to
the best interests of the public.
Supp. No. 12 272
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
REPEALING SECTION 2-11.1(s) OF THE METROPOLITAN
DADE COUNTY CODE; ENACTING REGULATIONS
GOVERNING LOBBYING ACTIVITIES IN THE CITY; PROVIDING
DEFINITIONS; REQUIRING REGISTRATION OF LOBBYISTS;
PROVIDING FOR REGISTRATION FORMS; REQUIRING FILING
AND DISCLOSURE OF ANNUAL EXPENDITURES;
PRESCRIBING PENALTIES FOR VIOLATION; PROVIDING A
LOBBYIST REGISTRATION FEE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to require lobbyists to register with the City
and to disclose publicly their lobbying activities within the City; and
WHEREAS, numerous municipalities throughout the State have recently enacted
lobbyist registration and disclosure regulations; and
WHEREAS, the City Council finds that such regulation of lobbyists will assist in
promoting and maintaining the integrity of municipal government; and
WHEREAS, the City Council finds that such regulation of lobbyists will protect
and serve the best interests of the citizens of Aventura;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Definitions. For the purposes of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense shall include future
tense, words in the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall" is always mandatory
and not merely directory.
Ordinance No. 97-
Page 2
(A) "Agency" means the City of Aventura, including all elected and appointed
officials, employees and persons acting on behalf of the Agency.
(B) "Lobbyist" means any person who, for compensation or remuneration,
direct or indirect, seeks to influence the governmental decision making of the Agency or
seeks to encourage the passage, defeat or modification of any ordinance, resolution,
contract, bid award, proposal, recommendation, action or decision of the Agency.
(C) Lobbyist does not mean:
i. a City employee when acting in his official capacity;
ii. any person who appears before the City Council, City Board or
committee, or the City Manager or staff in an individual capacity for the
purpose of self-representation or for the representation of others
without compensation or reimbursement to express support of or in
opposition to any ordinance, resolution, decision or action of the City
Council; or any resolution, action, recommendation or decision of any
City Board, agency or committee, or any action, decision or
recommendation of the City Manager.
(D) "Person" includes individuals, firms, associations, joint ventures, general
and limited partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations, and all other groups or combinations.
Ordinance No. 97-
Page 3
Section 2. Registration of Lobbyist. Commencing fifteen (15) days after the
effective date of this Ordinance and continuing thereafter, all Lobbyists shall, before
engaging in any lobbying activities, register with the City Clerk.
Section 3. Registration Forms. Every Person required to register as a Lobbyist
shall do so on forms prepared by the City Clerk and shall state under oath his or her
name, business address, the name and business address of each Person which has
employed said registrant to lobby and the specific issue on which he or she has been
employed to lobby. Separate registrations shall be required for each specific issue and
for each employer.
Section 4. Filing and Disclosure of Annual Expenditures. Commencing on
March 1, 1997, and on January 1 of each year thereafter, all Lobbyists registered
pursuant to this Ordinance shall submit to the City Clerk a signed statement under oath
listing all lobbying expenditures for the preceding calendar year. A statement shall be
filed even if there have been no expenditures during the reporting period. Annual
statements shall be required until such time as the Lobbyist files a notice of withdrawal
of lobbying activities with the City Clerk.
Section 5. Penalties for Violation; Cumulative in Nature.
A. Whenever a violation of this Ordinance exists, the City Council may publicly
reprimand, censure, and/or prohibit such Lobbyist from lobbying before the Agency for
a period of up to but not to exceed two (2) years.
Ordinance No. 97-
Page 4
B. The penalties provided herein are cumulative in nature. Nothing
contained in this Ordinance shall prevent the Agency from pursuing any other remedies
available to the Agency under the Agency's Code and/or Florida law for the
enforcement of its ordinances.
Section 6. Public Records. ,All registration forms and annual disclosure
statements required by this Ordinance shall be public records subject to inspection and
examination as provided for in section 119.07 of the Florida Statutes.
Section 7. Lobbyist Registration Fee. ,An annual Lobbyist Registration Fee in
the amount of $100 per calendar year for each Lobbyist shall be paid to the City Clerk
at the time the Lobbyist files a registration form. This fee is necessary to cover the
administrative expenditures required by this Ordinance.
Section 8. Severability. The sections, paragraphs, sentences, clauses, and
phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional or is
otherwise held invalid by a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect the remaining phrases, clauses, sentences, paragraphs and
sections of this Ordinance.
Section 9. 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 be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be
Ordinance No. 97-
Page 5
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "section" or other appropriate word.
Section 10. Repeal. The provisions of Section 2-11.1(s) of the Metropolitan
Dade County Code concerning the same subject matter as this Ordinance are hereby
repealed.
Section 11. Effective Date.
passage by the City Council on second reading.
The foregoing Ordinance was
was seconded by Councilmember
vote, the vote was as follows:
This Ordinance shall be effective immediately upon
offered by Councilmember
, who moved its adoption on first reading. This motion
, and upon being put to a
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
was seconded by Councilmember
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion
, and upon being put to a
O~inance No. 97-
Page 6
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __
PASSED AND ADOPTED on second reading this __
day of January, 1997.
day of February, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Ems/tms
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council t~
Eric M. Soroka, Ci
January 30, 1997
Noise Ordinance
Ist Reading December 17, 1996 City Council Meeting Agenda Item 6-D
2nd Reading January 7, 1997 City Council Meeting Agenda Item (Continued)
2"d Reading February 4, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance regulating
excessive noise to protect our residents. This Ordinance was prepared to respond to
several situations that have occurred in the City that have been brought to our attention.
Due to a recent court case, the City Attorney's office has revised the Ordinance by
adding a definition of "plainly audible" as Section 2 G. In addition, I have enclosed
comments we have received regarding the Ordinance.
BACKGROUND
The Ordinance declares the following acts to be in violation of the Ordinance:
1. Excessive noise;
2. Horns, signaling devices, etc.;
3. Radios, televisions, musical instruments, etc.;
4. Animals, birds, etc., between the hours of 11:00 p.m. and 7:00 a.m.;
5. Exhausts;
6. Construction between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and
5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
holidays;
7. Firearms or explosives;
8. Loudspeakers or sound amplifiers between the hours of 11:00 p.m. and 7:00
a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and holidays;
Memo to City Council
Page 2
9. Loading and unloading between the hours of 7:00 p.m. and 7:00 a.m. on
weekdays and 7:00 p.m. and 8:00 a.m. on weekends and holidays;
10. Commercial maintenance equipment within 100 feet of any residential area
between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m.
weekends and holidays;
The Ordinance provides for a permit process for special events that are expected to
have noise levels which exceed the Ordinance. ']'he Ordinance provides for
enforcement by the Community Development Department and the Police Department
and establishes a fine system.
The Ordinance was developed based on a review of similar ordinances from North
Miami Beach, Bal Harbour, Coral Gables and Key Biscayne.
If you have any questions, please feel free to contact me.
EMS/aca
CC0219-97
coua~l was im:ffcefive for allowing a biaaad member of th~
r~ to serve on a jury anggeat~ a defi~y of ~o~
c~nz to r~uim ~i~ a ~nclmivc r~ ~ ~e ~ or~
~d~ ~. ~rown v. State, 6~ ~. ~ 272~?~t
DCA 1995); Gibbs v. StYe, ~ ~. 2d 5~ (~a. l at D~n a~
~e ~ ~ ~ a ~py of ~ ~ voit dire,
deai~. StH~ v. W~hmgton, soo u.a. ~o, ~ a.
~ ~ve mr f~g to
's c~wi~. ~is mdmo~
nd ~ ~dT~ ~-
$i~ v. Stye, ~9 So. ~ 119,
~. 8tree, 626 ~. 2d 2~ (FI~ 2d
~ly ~t, wh~ it ~eg~
~u~ m ~h wim~
t~). ~e S~ ~ua of
~ ~ ~ve so ~ ~e ~ and ~e ~eu~
g~ v. Sate, 547 ~. ~ ~2, 913-14 ~a. 1989). ~ou~
4~ DCA ~969). ' ......... m to
~rdin~y, we ~ ~ ~ ox
O~ ~d ~V~E ~ ~ ~ m Gro~ Two for
~ ~ et ~ac ~s or mo~r~, ~ wm~ ~ P,~Y
lO~ M~OUOA~, ~Y ~ ~ of ~ C~, ~da;
W~ P~, lud~. ~: S~cn C~ oI ~jm~n, ~m~,, .... ~-
Gillen, BoeRs. Vilia~l ~ Banker. P,A_, Talkie. ~r Appellee Iohn
DISTRICT COUltTS OF APPEAL
L~e County, Inc., doing business as Club Nouvmu
Lifts ¢. Ca~ania arid Mal'k i. -qandc't~, challenge a
jud~nant upholding the facial cona~utimmliry of L~:
Noise Control Ordinan~, chapter 241/4, Le~ Coua~ Ct~
that ordinanc~ to be uneonstkutionmty ovevorom ~m ._~..
we will explain. The remninder of the ordin~ is
be a severable and valid exercise of police power by Lt~
Accordingly, we r~vets~ in part and affirm in part.
That por6on of th~ ~ County Noise Cou~ol 0~,;
which is ~ subject of this ~ppe~ is contai .m~l. wi .tl~..d~
ment e~ted by Ordinance 94-17, and provio~s as
SECTION TWO:
C. ~ific l~ohibifous
~ ~,~dios, television sets, exterior Iouaspeakers md ~
devices.
In th~ cam of any radio receiving set, musieafl ~
vice for the prodi~mm or mprndactmn of .so, ha,I ?
unlawful to cre~ or permit to b~ creamd any no~se tl~ ~:
a. 60 dBA dining tim hours benveen 10 a.m- to 10 P-~r-.:mm
~he propenyline of~ noise s~mrce.
b. 55 dBA during lhe hours between 10 p.m. ~i 12_-I~'~m.
from th~ property tine ofl~ noise source.
dram, ~xterior loudsp~V~ or ot~er dewee for t~p~-.,~
reproduction of sound in such a manner as to canto na~
~ so as to disturb tt~ peace, quie~ and comfo~ of~b-
horhood and vicinity thereof; operming on/mch deSm~ ~
the hour~ of 12:01 a.m. and ~e foItow~ng ~0:00 a.gs_ ~:m:~
manner at to be ~/ainl~_audible~ aeroxx p,rope.r~. . ~ or
through panitiov, r corra~oh to ~ (2) pame$ w~. thm a ~ o_r~
plainly avtlgble ~ ~ f~O) fee~ from ~uck de,ce ~aen ~
within a tndalic space or witMn a motorboat.
4. For purpore~ of mbsection ~ abave. ~e le~m
msdible " droll mean any roum~ produced, inc!,~g ~
duc' ed by a portabl~ $o-undmald. ng dolce that c~m be
forcemant personnel or c. utzen uno ne .~. a sarma ~_~ ~_~
audible, az d~tm~d hereto, .dtall be entttled to m~n"n~ ~
accordOlg to the f~ltow~g ~atdardx:. ·
complainant's ord'ma~ nuditory ~en~e~, sa long
heo~ng is not enhanced by any mechanical de,ct, ~c~ at a
micwphone or heating aid. ·
hearlng to the ~ar. e prodltcing tee sautta ~O t,~ i~t ar .~
can ~_~_d~y identify the offending source and tl~ ~
volved,
¢. 2he complainant need not determine the
or phraze~ betag produced or the name of any ~
preduc~g d~ ~nmd. Tae deteaion ora
berating type sound ~s ~cient to constitute apumuy
sound. · ' '
e focus particularly on the ~ml, has. ~-~a~ of
section C(4)) and appellant~ ~,nen~.a .~inst m~. ~
fi~ s .p,~c'__~ provided for aha protectco l~y me t~u~__
Fourte.~nth Amendmems m the Comtimfion of the:U~cc~
and sections 4 and 9 of article I of thc Florida Co~s6m~- .
declaratory action nlc~ oy appeuant~ ~..~._~ . -,'~ -~,~lid
to whether th~ contested ordinnnce w~s tact~ty mv.~i~ o.
L~:~T Z6/9~/T0
ity
DISTRICT COURTS OF ~PPEAL
~ aPPlied to iq)pel!~,~ Thc f~ial'validi[~ of ~h~ o~linanc~ is thc
~ole t~u~ p~a~l on this appeal.
~ ~e~ ~, ~1~ of whi~ ~ ~ for
~ ~r ~1 ~ a poffion of ~ ~lat~ ~e ~ of 12:01
~. ~ club ~ ~ ~ DJ who plays pre-~d~
31, 19~, ~ ~ ~SU~ a 5~n W a~ll~ C~,,n~
S~ ~ dl~g~ violalio~ of ~ ~ ~ or
~vi~ ~ 12:01 a.m. ~d
~ &e offi~ f~i ~v~ a~ ~ ~, he ~te~ ~e dub
~d not ~ ~ ao~d, ~ w~ ~ for ~k wh~
wuld ~ h~a ~ f~ ~m
~c~ ~y ~c ~b~ 1~. S~ pr~
~ ~k pl~ ~ ~ ~ of &o mb~ ~. ~o{-
At ~ ~w~ ~ ~ a~n
pl~ ~ ~ club ~a~ly
~ away ~ ~ ~ub ~
~m~y ~ y~ prior
w~ phys~y v~ ~ pitlo~
~ ~ ~, Wc ~ not ~s w~ ~e ~m*
~ w~ pw~bi~ "[o]~ or
~ ~ ~e~f; .... "
S~e ofN~ YO~, 334 U.S.
21 Ms. L. Weeidy D17,35
~n ~79 of ~ O~of SC Pc~utg ~ h u~-
652 So. ~ t~4 ~ 1~6.
h ~ v. Mc~, 631 F.
S ~ a 2916, ~dln~ty, wz ~ ~1 a pt~uu oz mc
fion ~ld not ~Hy ~ p~d on ~e c~l~g~ ~uon,
21 Fla. Lo ~W4teld~ D12~6
Dl~nbrow.~/v./~Lntr. 3g0 U.S. 479.491. ~ S.C~ 1116,11~,
pmv~ion ~ ~ ~ ~ ~b~. B~. 413 U.S. at
615, 93 S.~ at~lS.
3. Va~ss
~v~ p~ of
~o~ v~ ~ ~e~r ~ ~ of a ~ a~ ~ ~efi~
~aian ~., 269 U.S. 385, 3~1. ~ $.~ ~, 127, 70
L.~. 3~ (1~.
~ pla~ on ~c
~17~.
e vol~e Of
not ~ly lo~,
pe~ fair ~fi~ of
Yo~on, 3~
' L ~2d 1~ (1968).
'~d" ~ "~uc~s"
........... ~1~
~e~, a~ U.S. 77, 79, ~ S.~. ~, 4~, ~ L.~.
110, ~ S.CL
v~o~wofd ~s ma~ -
tion of ~c Hou~on o~- We l~i~
DISTRICT COUItlIS OF APPF_AL -~. .
that portion of thc ~ Cou~y ovdiaan~ emphasm~ ~-,er ~
Crlmtnallaw.-Sentendng,--Hablmal offender seat~nee improp-
erly bJlposcd where no evideJ~bce w~s preselRed Col~-~ina.dab'
aek~a--*~ rc!~_~4 from l~SOn on pared..e, fr..~ ~ C=e~nd
conviction which serv~l as przdka~ for babi~"'w"~"v--wnert
that cemm~-*lqn of prior felony or release fl~mt prison f~r [p~er
felm~ ~rred wtthie five ~ of. _ ..?~nt offeror, sente~
imposed on r'~n~ mint bew~m'n ~mle~nes .
lmUcE J. at~/N01.ns, A.I~~1.` v. grA"~ 01; l'L0amA. ~ Znd
Di~i=. Cas~ No. ~-04109. ~ rd~d May aa, 19~. ~ from e~
CL'n~t Coati for ~bom~,h County; ~u~ft C. Btw, l~w, Judge. C~anw. h
viaioa~ ami
ine in sml~ m~l~lY two c.o~ts ot p~ssasanon ota mol~ v~u-
cl~ with r~oved' ' v~hicle identification ~ ~ P~,
of def~g
a~.
__.
~ ~ ~~or o~~
for ~e
of ~
.
.
JEFFREY BERCOW
BEN J. FErNANDEZ
JANA K. McDONALD
MICHAEL E. RADELL
LAW OFFICES
BERCOW ~ RADELL
PROFESSIONAl ASSOCIATION
FIRST UNION FINANCIAl CENTER, SUITE 850
200 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131
DIRECT LINE: (305) 377 6220
TELEPHONE (305) 374-5300
FAX (305) 377-6222
January 6, 1997
VIA FACSIMILE AND BY HAND DELIVERY
Mr. Eric Soroka
City Manager
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
Re: Proposed Noise Ordinance
Dear Mr. Soroka:
This law firm represents Trafalgar Associates of Aventura, Ltd. (Trafalgar), the
developer of the Aventura Lakes project. As you know, Aventura Lakes is a new residential community,
approved for 485 single family dwelling units, on the north side of N.E. 207 Street between N.E. 30th and
N.E. 34 Avenues. It represents a unique, one ora kind residential project within the City of Aventura;
Traflagar expects to spend over $100,000,000 for the development of this community and construction of
homes within the project, during the anticipated three year buildout of this project.
Trafalgar is extremely concerned that the proposed Aventura noise ordinance, currently
scheduled for second reading before the the City Council tomorrow evening, represents an unwarranted
restriction on the development and construction activities within this project. We are enclosing with this
letter a proposed revision of Section 3F of the ordinance, as it relates to construction activities. We intend
to appear at tomorrow's City Council meeting, in order to explain our client's position on this matter, and
urge the Council to moderate the proposed restrictions.
JB:im
Enclosure
CC;
We iook fbrward to working with you and hearing your thoughts not his matter.
ercow
Mr. Ramon Cacicedo
Mr. Gus Hernandez
Mr. George Berlin
Richard Weiss, Esq.
Stephen Helfman, Esq.
Mayor and City Council Members
qECEIVED
[1 1997
MANAGER
SUGGESTED REVISION OF SECTION 3F OF PROPOSED
AVENTURA NOISE ORDiNANCE
Section 3. Prohibited Acts. The following acts are declared to be loud, excessive,
unnecessary, or unusual noises in violation of this Ordinance:
Construction. The conducting of Construction on the exterior or outside of any
structure, which is plainly audible at a distance of 100 feet from the boundaries of the
property upon which such construction is located; or the conducting of construction
upon any open structure which is plainly audible at a distance of 100 feet from the
boundaries of the property upon which such construction is located; or the creation of
a noise disturbance in connection with the conducting of construction within the
interior of an enclosed structure, which is plainly audible at a distance of 100 feet
from the boundaries of the proper~ upon 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 plainly audible at a distance of 100 feet
from the boundaries of the property upon which such work is being performed, is
prohibited at any time on Saturdays and Sundays. If Emergency work is to be
performed, the owner of the property upon which such Emergency work us to be
performed or the property owner's authorized representative shall notify the City
Manager's Office prior to the commencement of such Emergency work.
Underlined language within the body of subparagraph 3F represents suggested revisions
to the proposed ordinance.
01/07/97 TUE 16:38 FAX 305 933 5511 TURNBERR¥ A$$0C ~002
~_Ugg~Sl:ecl Revision of Section 3¥ of Ptopo~ed.Aventtlza,~loise-Ora:linan~
C~n~lru_c. tio. n. The creation of a loud or excessive noise in connection with the
conducting of Construction between the hours of 6:00 p.m. and 7:00 a,rn. on
weekdays and 5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and
Holidays, except fnr eanlmereiall]czlll~fl ?to.ne. flies wkere the co;nstntclio, n site_
[i~_elaaer than300 feet lo. anlclle-v, elnp-td, reaidmxtial-lan-d, and for emergency
work. Notwithstanding the foregoing, the creation of a loud or excessive noise in
comaection with the use and operation of heavy eqm~ment for earth moving and
compacting, concrete demolition or pile driving is prohibited at any time on Saturdays
and Sundays. If Emergency work as 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_
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 previsions 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:
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,
Ordinance No. 97-
Page 2
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.
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. Emerqency. Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention.
Holidays. 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.
Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by
mechanical power, gas or diesel, and used on the public roads and highways
in the transportation of people or property.
F. Motorboat. Any vessel which is propelled or powered by machinery and which
is used or capable of being used as a means of transportation on water.
G. Plainly Audible. Refers to noise which is unreasonably loud, raucous or jarring.
Section 3. Specifically Prohibited Acts. The following acts are declared to
constitute a violation of this Ordinance:
A. Excessive Noise. Any noise which is of such character, intensity or duration
that it constitutes a noise disturbance.
B. Horns1 S gna inq 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
Ordinance No. 97-
Page 3
unreasonably loud or harsh sound; and the sounding of any such device for
any unnecessary and unreasonable period of time.
Radios, Televisions, Phonographs, 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.
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.
.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 intedor 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 ddving 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
Ordinance No. 97-
Page 4
Firearms or Explosives. The use or firing of any explosives, firearms or similar
devices, except in an Emergency, or using or firing firecrackers, skyrockets or
the like without the prior approval of the City Manager.
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.
Loading 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.
Commemial 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.
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.
Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and
vendors which disturbs the peace and quiet of the neighborhood.
Schools, Courts, Hospitals, Places of Reiqious 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.
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.
Ordinance No. 97-
Page 5
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 pemons to congregate in or on any open space, lot,
yard, park, sidewalk or street, or to permit the same to occur on or from any
property owned, leased or occupied by said person(s) without first having
obtained a permit to do so as provided in Section 4 of this Ordinance; except
no permit shall be required of any person(s) in order to engage in such activity
within the residential property wherein such person(s) resides.
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 wdt of certiorari in accordance with law.
A. Permit Application Information. The application fora permit underthis
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.
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.
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.
5
Ordinance No. 97-
Page 6
Criteria for Permit Issuance; Posting of Bond. Issuance of a permit under this
Section shall be based on a determination by the City Manager or his or her
designee that the activity or event for which a permit is requested does not
constitute a threat to public safety; constitute a danger or impediment to the
normal flow of traffic; or constitute a potential disturbance of the peace and
quiet of persons outside the premises where the activity or event is located.
The City Manager or his or her designee may require that a bond be posted in
an amount sufficient to secure the costs of cleanup, repair or replacement of
damage or destruction of property and shall be subject to forfeiture for
purposes of paying any such costs.
Person Designated As Being 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:
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.
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.
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
Ordinance No. 97-
Page 7
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
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 Conflicting 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. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 10. Inclusion in the 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 Councilmember
Holzberg, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
yes
Ordinance No. 97-
Page 8
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
and upon being put to a vote, the vote was as
follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17~ day of December, 1996.
PASSED AND ADOPTED on second reading this 4~ day of February, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City Manager
Jaye M. Epstein, AICP, Director of Community Development ~
January 31, 1997
Request of Trafalgar Associates for the City of Aventura to Grant a
Public Utility Easement Within the NE 30tn Right-of-way
February 4, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council approve the granting of a Utility
Easement within the public right-of-way of NE 30th Avenue, and that the City
Manager be authorized to do all things necessary to carry out this request.
DESCRIPTION / BACKGROUND
The Aventura Lakes residential development is presently underway. One of the
initial responsibilities of the developer is to relocate an existing FPL transmission
from the interior, to the exterior of the property. In order to accomplish this the
developer wishes to relocate these transmission lines to an area along NE 30th
Avenue. As a result, a new utility easement is necessary in the new location.
Under separate petition, the developer has requested that the City abandon the
eastern ten (10) feet of the NE 30th Avenue right-of-way. Due to advertizing
requirements, that petition will not be heard by the Council until March. FPL in
response to the uncertainty as to the future of this portion of public right-of-way
has requested that a utility easement be granted so that their relocated
infrastructure will be protected should the City Council favorably act upon the
abandonment request at a future meeting.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA GRANTING A NON-EXCLUSIVE
UTILITY EASEMENT TO FLORIDA POWER & LIGHT
("FPL"); AUTHORIZING THE CITY MANAGER TO EXECUTE
SUCH UTILITY EASEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Trafalgar Associates has requested that the City of Aventura grant an
electric utility transmission line to FPL to allow the relocation of an existing portion of the
transmission line; and
WHEREAS, the City Council finds that the grant of the requested utility easement is
in the best interests of the City.
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 hereby approves the attached non-exclusive FPL
transmission line utility easement in substantially the form attached hereto.
Section 3. The City Manager is hereby authorized to execute such utility
easement, once approved by the City Attorney as to legal form and sufficiency.
Section 4. The City Manager is authorized to do all things necessary to carry out
the aims of this Resolution.
Section 5. 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 Coun¢ilmember
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 this 4th day of February, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3053??6222 BERCO~ & RADELL PA. ?48 P02 JAN 30 199 13:25
BERCOW ~ P~DE;LL
January 30, 1997
VIA FACSIMILE
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 NE 191 Street
Suite 500
Aventura, FL 33180
Re:
FPL Transmission Line Utility Easement Coucerning
Property Located at NE 30~h Avenue at Aventura L~kes
Dear Mr. Soroka:
This law funn represents Trafalgar Associates, the owners of Aventura Lakes. In
order to relocate FPL's transmission line in this area, FPL requires an easement over the
eastern 10 feet of NE 30~ Avenue as shown on the attached sketch and legal description.
Because this property is presently the subject of an application to vacate this portion of
NE 30z Avenue, FPL will not proceed with this project unless its fight to use this
property is assured by way of a recorded insmunent other than the road right-of-way
dedication. Further, FPL requires easements for all transmission lines such as this.
Based on the foregoing, we request that you include an item on thc February 44
City Council agenda which would authoriz~ the City Manager to execute a uansmission
line easement in favor of FPL for the propexty described herein. Because Dadc County
does not require public advertisement for this variety of adminislxative authorization, we
understand that advertised notice is not required in thc City of Aventura. It is urgent that
this matter be addressed and resolved at this meeting so that this wansmission line
relocation project will not b~ d~layod.
~05~?76~ BE~COW ~ ~ADELL PA. ?~B P05 JAH ~0 ' 97 1~: ~6
Mr. Eric M. Soroka
January 30, 1997
Page 2
Please call me if you have any questions rcgardirtg the foregoing. We trust thal
this matter will be scheduled as a consent agenda ilem for ibc City Council's mce~ing on
Tuesday, February 4~.
MR:cg
Enclosures
cc: Jaye Epstein
Ray Cacicedo, Sr.
Gus Hernandaz
David Emnen
Jeffrey Bercow, Esq.
BERCOW & RADELL
.~0~G?76222 BERCOW & R~DELL P~.
?49 P0~/05 JAN 30 ~97 1~:30
CCL CONSULTANTS, INC.
AUTHORIZATION #L~I~I 0
£NOIN[£R5 SUIWEYORS PLJ~IN£RS
POMPANO ~C~ ~OO MIAMI , , , ...
LEGAL DESCRIPTION: ;0.00 FOOT UTILITY EASEMENT
A PORTION OF THE EAST 10.00 FEET OF N.E. 30TH AV~NUF, AS SHOWN ON THE
PLAT OF ~ONN ,ACRLrS. AS RECORDED IN PLAT BOOK 76, AT PA~E 30. OF THE
PU~,.IC RECORd OF OAO£ COUNTY, F'LORIOA EJEING MORE
DE.SCRIBED AS FOLLOW".3:
COMMENC/NC AT THE _~OUTHF_.~T CORNFR Of' THE NORTH HALF (N i,/2J
BLOCK 6. MAP OF' THE TOW OF' HALLAND4LE, DADE COUN~'Y, FLORIDA.
ACCORO~NG TO THE PLAT THEREOI~, AS RECORDED IN PLAT BOOK 8, AT PAGE 13.
OF' _~AID PUBUC RECORDS. AS SHOWN ON SAID PLAT OF OONN ACRES; THENCE
NORTH 88'1Z'28" EAST, ON THE LIMIT~ LINE OF SAID OONN ACRES, FOR 25.00
FEET TO THE POINT OF BECiNNING: THENCE CONTINUE NORTH ~I~2'.2B''
EAST,, ~ .SAID LIMITS, F-OR 10.00 F'GET TO THE WEST LiNE OF' .,.~0 OOl~ A~E~:
THENCE SOUTH 02'55'32' EAST. ON SAID WEST LINE. FOR 893.03 FEET TO A
POINT DF' CUR~/ATURE ON TH~ WE'~TERLY LINE OF SAID OONN ACRE'S PLAT,
SAID POINT ~_SO L'fl~vC ON THE E, AS*rERLY 65.00 FOOT R~CHT-OF-WAY OF
NORTHEAST 30TH AVENUE AS SHOWN ON SA/O PLAT: THENCE CONI'~aJE SOUTH
02'55'32' EAST ALONC THE SOUTHERLY PROLONG4TION OF THE
LINE OF' Sled PLAT FOR 24.49 FEET TO A POINT ON A CURVE. SAID I~INT BEARS
NORTH 42'39'$..,~ ~AST TO THE RADIU~ POINT OF THE NEXT
CURVE; THENCE NORTHWE~'ERLY AI_ONC A CIRCULAR CURV~ TO THE
HA~NC A RADIUS OF 3~.00 FEET, A CENTRAL ANGLE OF 44'~4'~', FOR
ARC DISTANCE OF 27.;3 FEET TO A POINT OF TANGENCY LYING 10.00 FEET WEST
OF AND PARALLEL TO THE WEST UNE OF' .~A/D DONN ACRES PLAT; THENCE
NORTH 02'55'32" WEST ALONC SAID PARALLEL LINE FOR 893.25 FEET TO THE
pOINT OF' BEGINNING.
.SAIO I..ANOS L~NG AND ~EING IN ~O~. COUN'[Y, F'LORIJ3A.
SUBJECT TO EXIS~NG F. ASEMENTS, RIGHT~ OF F~Y. COVENANTS /eNO
RESTRICTIONS OF' RECORD. IF ANY.
NOTL'~:
UNLk'SS ST IRA, S THC SIGNATURE AND THE ORIGINAL
PU~ ~LY ~0 ~ ~ v~O. ~l~NS
TO SU~ ~PS OR ~ BY O~ER ~N
PA~ OR P~S IS P~IBI~ ~HO~ W~I~EN
(SKETCH AND LEGAL ONLY NOT A SURVEY}
2. tJN~5 ~ NF..~QN WERE NOT
R[GI~S-(31r-WAY Or
~. ~TA ~ HEREON ~ ~
~ ~CH,
CCL CONSULTANTS, INC.
LEGEND:
R-- ~DcIUDS, STANCE
,~ = CE~L ANGI~
PG. = PLAT BOOK
PG.= PAG[
B,C,R.= IlR. OWARD COUI~'Y RECOIIOS
U.£,~ UTILITY
P.O,T. = POINT OF
P,O-~* = ~INT OF BEGINNING
~M.[. = ~K[ MAINT[NANCE
BEGINNING
fine Of OGNN
76, Pg- ~0, O.CJ-)
210 th
(P.l~ 75. Pg. J0. 0.C.R.)
TRACT A
(p.~. 76. Pg. 30, D.C.R.)
SCALE: 1"=200'
SKL'I'~ A#O LEGAL
~ATE BY
GRf. GOIEY S, ¥iK. p,$,M,
thc usc eu~f for thc hcmi~ dm,:rb~ ~, in~l~dlng. ~ ~t I~t~ ~. ~
I..a. ~f ~r ~o~ ~ ~t~ ~ ~y ~t~ ~ thc p~cr
CO0[~ -I'I3H V.LO~3$ SI~'3A L~:£T L6/OC/TO
765 J:~34
ibc location of an}' und~grouna faGililiea bY abo~e &round and ~ sm=bin mm.J~s nad thc
right of i4~q~s ~ ~p-ess fox peetsoanel nnd r4,'ipn,.~t of OhmS, /is ,.,,,dra~s, ~t~at~,
r~tn~ vlxc ri~h~ grunted by tl~ W ~d my ar dl ,of thA d~l:t~ ~nmmf ~_
By:-.
PrirA
A~
PfiAt NamA;=
ACR~rOWLKDGI~MF. NT
STATE OF FLORIDA
2
t00[~ A~I~I~ ¥,LOE3S SIHii 89:£T £6/01:/I0
COUNTY oF --..-,..~.~ ]
~TA'f~ '"
NOTARY PD1LIC, O.F FLCIF. IDA
~00[~] &~Ialt YJ, Olt3$ $Iati f~:Ll 16/Oi:/lO
CiTY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager ,~?//
Jeffrey M. Perlow, Councilmember~'4/¢
January 30, 1997
Internal Roadway Study South of 187t~ Avenue
February 4, 1997 City Council Meeting Agenda Item
As you are aware, I feel the City should pursue every alternative available to create a
roadway network that would link the southern portion of the City with existing roadways
in order to bypass Biscayne Boulevard and improve traffic conditions.
propose that the City Engineer perform a study of the area from 187th Street south to
the City limits to recommend alternative roadway links east of Biscayne Boulevard.
Please place this matter on the agenda for the City Council's consideration at the next
meeting.
JMP/tms
cc: City Council
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager ~
Ken Cohen, Councilmember~'.~
January 30, 1997
Legislation to Prohibit Cellular Telephone Usage While Operating a
Moving Motor Vehicle
February 4, 1997 City Council Meeting Agenda Item ~ -~
Please place this item back on the agenda for the next Council meeting and include the
attached additional background information relative thereto.
KCAms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~r
EriqM. Soroka, Ci
January 14, 1997
Prohibiting Cellular Telephone Usage While Driving
January 21, 1997 City Council Meeting Agenda Item
Attached please find a staff report containing the information requested by the City
Council regarding the availability of statistical data relative to cellular telephone usage
while driving increases the likelihood of an accident.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cco2o3-97
THE CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
er
~stant to the City Manager(~
DATE:
January 13, 1997
SUBJECT: Prohibiting Cellular Telephone Usage while Driving
Metro-Dade Commissioner Barbara Carey's Office is currently gathering data indicating
that cellular telephone usage while driving increases the likelihood of an accident
occurring. Currently, Florida uses more wireless connections than any other state in the
nation and Commissioner Carey feels there is a great need to regulate cellular
telephone usage while driving.
William Ramos and Marisol Lopez are currently gathering data justifying these
allegations. They are in the process of preparing a report for a resolution that
Commissioner Carey will present at the Commission meeting held on Tuesday, January
14, 1997.
Initially, the Commissioner's intention was to request that the state legislature propose
active legislation to rectify this situation. Now, her attention will focus on legislation that
will allow for the tracking of accident rates to begin so empirical data can be collected
and processed. The manner in which this data could be collected has not been decided
on as of yet.
Commissioner Carey's office will send the City a copy of their final report as soon as
possible.
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Ken Cohen, Councilmember
January 2, 1997
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
12/17/9~ Amel~[~l
Policy I,'omlui~Lion and Inten~al
Support Conunittec
Due Data Retur0eil
Note: 'l~c Uomd ama~xl ids rc~ttu, ion 8.~ mov~ by Commi~imter Carcy aod .,~'co~dcd by
Pasr./FaH
Botly:
WHEREAS. cellular tclephoncs have become a popular mcans orcom~nmd~agon: and
· WHEREAS, the utilization ol'ceUvlar pl~o~e~ while operating a moving motor vehicle is
hazardous to tire welfare o£d~e citL~n~ of Dad~ Coun .ty and tho State of Flor~da: and
WHEREAS. th~ regulation or tho use of cellular phones by mmorists i~ prc-emptcxt by tire
Slate Legislature.
NOW. THEREFORE, BI~ IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONER~ OF DADE COUN'1~. FLORIDA. that this Board herebylurges thc State
Legislature to olact the appropriate legislation to prohibit tie use o£cellular phones while
operating a moving molor vehicle. .. - '
Effective: The Chai~n th~capon declared the rc~olutinn duly possed and adopted this I?th day or
Dccead~r, 19~. '/'his resolution shall become c~ccti~ ton (IO) days after lbo date orr its
adoption union, vetoed b.v (l~e Mayor. and irvetoed, shall become edl'ective oMy upon an
ovetrido by this Board.
TO:
FROM:
Honorable Barbara Care3/, Ed.D.
Commission Dist~ct 3
Marisol O. Lopsz
Legislative Analyst
DATE: Januezy 14, 1.996
SUBJECT: Cellular Telepho] e Resolution
Per your request, please find information on the iSsue of cellular telepho: te use while
operating a motor veldde. I have attached copies of the research materl;[ for fttl'ther
informatiom Please contact me if you have ally questions.
PUBLISHED STUDIES
A 1995 study by the Rochester Institute of Technology revealed that drivers ~rith cellular
phones are 34 percent more likely to be involved irt traffic mishaps than pe~ ~ons driving
without them. {Attachinent A)
A study on the causes of traffic accidents conducted by Treat et. aL in 1977 citt
lookout" and "inattention" as the two leading contributors. Nineteen years Iai
Foundation for Traffic Safety conducted a study on the impact celiulaa' phon<
motorists attention and found parallel conclusions to the 1977 study. The results
c~ry two sigrLificant implications for the use of cellular phones: first, intense c
should not take place while the vehicle is moving; second, drivers over the age of 5
utilize a cellular phone while driving_ The reason cited for the second mlplic~
placing cars and carrying on simple conversations distracted the older dr/vers m
younger drivers participating in the study. The following conclusions were offe~
AAA Foundation study: (Attachment B)
1. Cellular phone usage [hand held/handsdme] leads to a highex increase of non
2. w, y !tuation, an increase m the to respond to those , tua ,
~-ornplex, ~tense conv~rs~bon leads to the greatest increase in likelihood of
sig'aificoxtt highway traffic conditions, ~nd time to respond to them.
3. The distracting effect of ceUular phone use among drivers over age 50 is two- to
4.
t "maproper
:c, the ~a~AA
-u.~e has o~
,f this study
,rlvErsatiorts
! should not
f/on is that
.~d fi'om the
response to
.verlooking
as great as that of younger drivers, three times
Prior experience with cellular phones appears to bear no relation to the distractl ~g effect of
cellular phone use.
CURRENT FLORIDA STATUTE
S. 316.304 (2) (d) (1995) Wearing of headsetff, exempts the use of ~ cellular telepho] e from the
prohffoifion on driving while weermg a headset, headphone or other listening devic~ Such use
of a cellular telephone is not proI~bited as Inng as the driver is able to hear surround ag sounds
and the telephone only prevides souud through one ear. (Attachment C)
DADE COUNTy
According to the Metro Dade Police Depai-bnent, the top five moving violalion~ caused by the
~s_e of cellul~r phones while driving are:
speed is too fa~t
2. speed is too slow
3. cat~ng in front of another vehicle
4. following too closely
5. £aihtre to maintain motor vehicle on one lane
O1 HER STATES/COUNTRIES REGULATING CELLULAR PHONE USE WHIr ,E DRIVING
The State of Oklahoma has been gathering informalion related to moving viola~ )ns and their
relation to the use olc cellular phones while driving. Dr. }ohn M. Violante of he Rochester
Institute of Technology, is examining over 200~000 moving violations in order to ]~ repare a £act-
finding report for file State of Oklahoma. Once the report on the findings is c( mpleted, the
State of Oklahoma may take the necessary measm~es to ban or regulate cellular 3hone usage
wl~le driving. .
NOTE: M!~,eaota is also looking into Oklahoma's legislation.
Malaysia and Australia have a law that permits cellular phone usage while drivin ~ only when
a hands free u_nit is used.
Singapore, Swlc~erland and Ihe Federal District of Brasilia in Brazil have banne i the use of
cellular phones while operating a motor vehicle.
In Israel, use of a cellular phone while driving is a crime punishable by the equivalt nt of $230.
History of Legislative File
Vet Actin
0 Cotmt7 Attom~.-T's
MASTER REPORT
File Number: 96393 ]
File Number:. 963931 File Type: Resoimion Status: In Commillce
Version: 0 Resolution;
Control: Policy. Forint a( ol
File Name: CELLULAR PHONES Introduced: 12/16/96
Requester:. Cost; Final Action:
Ag Date 12/17/96
~. Item.' 6D.3SUBSTI'FUTE
Notes: AMENDED-SEE FILE Title; RESOLLrTION URGING THE STATE LEGISLATLrRE 'I
NO. 96396~ FOR
FINAL V~RSTON AS LEGISLATION TO PROHIBIT TH~ USE OF CELLULA
ADOPTED WHILE OPERATING A MOVING MOTOR VEHICLE
Indexes: LECISI.A'I'LrR.E
CELLULAR ]'HON '.'.~ Sponsors: Dr. r , ,
~urbara M.
RTATE [.EOTSLAT[ON
963~3 I
te Action ~ --
Da Sent TO
12/16/06 Rcf~wred
0 Board. Of Comtly 12/17/96 Amcmlcd
Commis.~fioners
Effective:
and Inlcr~ml Suppor
3 ENACT
: PHONES
Duo Date Re urned Pass/Fall
Note: 'll~ Board aiTl~tdatl this r,-~0htt[0[t as mcw~ by Cm uni~mter Car~ and ncc ~fld~ ~
Body:
W~AS. ~llular lel~hones ~vc ~atc a ~pular ~qns of~tnmuni ~tion: and
the utahT~bon of~Uular pho~ whtJe O~mting a moving mo ~ vchjclc is
I~/;~o~ to thc ~v~fare of the cili~ns of Dado C~nw and the Sta~e of~o i~: and
~EREAS. the m~ladon of thc ~ of ~Uular ~hones ~ ~torists is pm., mptcd ~- Ibc
5~[e ~gislalor~
NOW. ~REFOR[ BE IT ~SOLVED BY ~E BOARD OF CO~
C~ISSION~5 OF DADE CO~. FLORID~ thai thi~ B~ hem~ ."urg~ thc Slate
~slature ~ enact ~c appmptiatc le~sla~on to ~hibit the u~ of~ffular d~on~ while
o~mli~ a moving minor ~hiclc.
Thc C~i~mon tlmmu~n d~lar~ ~c ~lu~ion duly ~n~ and adopt~ his ~ 7th day of
D~embcr. [996. This ~aolution shall b~me cff~tivc leu (lo) days aRcr e d~tc of it;
a~pti0n unt~ vct~ bv t lc Mayor and ~vcto~ shaU ~me eff~ive m Iv u~, n,
~h'ges state legislalure to prohibit ce[hdar phone ~t~age while operating motor a u hicle.
Contact person: Donna DeCarlo
Police Planner 1
Metro Dade Police Department
471-2530
Conducted research with:
Special Patrol Do not track
State &Florida DOT - Do not track
Crash Report
National Highway Do not track
.ransportat~on Safety
Association ('NHTsA)
AAA Do not track
Traffic I-lomicide Do not track
Div/sion
REASON: Statistics are not available because there is no criteria provided in any oft te
paperwork officers must fill out.
The information may be contained in the narrativedsummar~] portion of the acc lent
report/moving violation report.
This information is difficult to track because thoro is no defined point ofrefem ce on the
form that would indicate cellular phone usage while a moving violation/scolder: has
occurred.
The top five moving violations caused by use ora cellular phone:
1. Speed is too fast
2. Speed is too slow
3. Cutting in front of another motor vehicle
4. Following too closely
5. Failure to maintain motor vehicle on one lane
Possible Solutions: (through a bill in the Florida legislature)
I. Amend a Florida statute pertaining to moving violations.
2. Create a statute to be included in the moving violations.
~--~ Pergamon
CELLULAR PHONES AND TRAFFIC ACCIDENTS:
EPIDEMIOLOGICAL APPROACH
JOHN M. VIOLANTi1 and j~,M~S R. MARSHALLa
:Deparnne~t of Crimiua/Sustiee, 93 Lomb Memorial Drive, Roch&~er Institute o£TcchnololD,'Roches[,
14623, U.S.A. and =Department of SOcial and Preventive Medicine, State UniverMty of!Nlew York at Bu fain,
270 F~r~r Ha/l, Buffalo, NY 14214, U.S.A,
(,4o;epted 6 October 1995)
Aba~-,aet--Uaing ¢pidemiologlcal ca~-comrol design and logistic regre~ion technique, this study cx mined
the association o.r ~cUular phone use in motor vehicles and rra~c a~iclent flak. T~ amount of 6m~ ~ nonth
spent lalking on a c~HuL~ phone and 18 other driver inattr, ntlon f'zetor~ were examined~.Data were ol rained
from: (I) a case-group or tOO'randomly selected dnver~ involved.
COntwi grottp o1' tOO ran~ondy seleoted llcen~:d drive~ norinvolved 'in- a~a:~i~ts within the pa~t i( years.
Groups w--..~ matched on geogrnpble resi&.nee. Approximately 13% tN=7) or t~e accident and ~% (N: ,7) of
the ann-accident group reported u~ of cellular phone~ wh/Ic dri~ing. Data was obtained from Departn mt of
iacmtsed ~k in a txal~u a,,-;a--- ~' _-,,-.~ o.n ceuumr phones ,a a vekiclc was n~s~ted wltb a $..' ~fuld"
*-~-,.~.*..,.c comomea use of ceAlular phones and motor and cot~i6ve a~tivifiea while
dri~_'~_g .were also associated with increased tra~ accident tis~, ~ ......
(I~ consis~of a amah sn,-,,-u, ~'~x ............ ~,. r, eaocra snou~u ua cautioned that thig.' tmi~:
enuc~de ~al ta~ on cellular pho~ while driving i~
Kerwords-- Ccllulaz phone~ Tra~c accident risk, Epidcmiology, Dr~ver inattem~on
INTRODucTIoN
In 1~93, 700~000 tral~ accidents were recorded by
the Depanmeat of Motor Vehicl~ iD New York State
(New York State, Department' of Motor Ve. fiicles
Statistical Reports, 1993). Of these a~cidents, approxi-
mately 35% listod "driver inattention" as a contribut-
ing factor to the accident. Treat et aL {1977) 'atat~
that 'improper lookout' and "inattention" are ~e
two leading contr/butors to traOic accidents. Hence,
questions have be~u raised about what pPecipitates
inattention. Activities such ~ tuning the radio, talking
with others in the ~¢hicle, distractions from children,
daydreaming, and other factors have been examined
(New York Stat~ Department of Molor Vehicles
1993).
The use of cellular phones in vehicles ma), be
one additional driver attention factor. The Cellular
Telecommunications Industry Association (CTIA)
estimates that [ber~ wer~ 3.~ million cellular phone
subscribers ia 1989, and nearly 8 million in 1992. The
total nurnb~c of phone subscribers, presently esti-
mated at 13 million, is expected to be 60 million by
265
1998 (CTIA 1993). With this prolific gro~ th in the
number of cellular portable phones in moto vehicles,
conc¢t-n about using cello}ar phones while Iriving is
warranttxL
Many studies have focused on the driv~ ~a ability
to cogaifively and physically focus upon tl ,- task of
driving, dialing a ~',llular phone, and earlT~ ~g on an
involved conversation on the phone. An ea ty study
by Brown 'ct al. (1969) suggested that perc ptioa of
gaps in traffic was limited during use ora c: r phone.
At thc same time, driving impaired the u:: of the
phone. Stein et al. (1987) fonnd significant legrada-
finn in thc ability to stay in a traffic lane a phones
calls were placed. Older drivers exhibited ~ll even
greater lane variation, to a 'q~ry high probl bility of
striking an object outside of the lane and thus of
having an accident". The California Highwa · Patrol
study (California Department of Highwa3 Patrol
1988) tested 75 persons, asking thorn to uti }tiate a
simulated driving COUrse while using a cellula - phone
and perforntin~ othor tasks such as tuning radio.
Results indicated that increased age was a fctor in
decre, a~d drlx4ng ability and that dialing the ,'~lular
phone substantially in~reas~ the risk of an acc/dent.
Alto and N/lssoa (1990) found that ~ven simpl~
drives t~ks ~uld ~ affect~ by a ~l/ufar phone
c~nver~tion. In fa~, the longest ~e of r~iuu tO
s~mulat~ t~c inciden~ o~u~ed when ~e dfivj~
t~ks were simple. MeK~t ~d Mc~ght (1991)
~s~d the ~ff~t of phone ~e u~n driver ability to
m~t ~pt~al ~d co~/ive d~da of ~¢ high-
way tm~c en~ro~ent. Using a tr~c simulation
de~ ~ augers found ~t phone ~ 1~ to a
fio~ ~d ~ ~ r~pon$e time to r~
~d~. In a later study, McKnight ~d McKM~t
~ 19~3} fouad that pM~ug a ~ ular phone ~, engag-
ing m ca~uM or ia~o conve~afio~ on ~c phone,
and ~iog a r~o MI l~ to d~ver iaatten~oa.
Nflsson ~d ~ (1991) ~ted ~e eff~ of ag0
ce~ular phoa~ ~e and d~vlng fining ~at inched
a~ d~te~ed ~e of reason to s~ufated t~c
~d~, M~kon~ ~d Ba~an (1988) fo~d ~at
ln~ri~d phone users w~ at iu~ ~k for
t~c ~dent$. Fairclou~ et ~ (1991) found ~at
such ~sks ~ dfi~ng and t~ing at the same
adversely ~d ope~fioa of a motor veM~e_
Subj~t$' ~e ~ d~ ~ m~ work-
load ~c~*w~e ~fiug ~ o~er pe~ons
~ a ~1~ phone. Zw~ et at. (1988) stated that
the ~ount of vis~ road~c i~o~afion pro-
~ by ~e dfi~ ~at de~ ~ the o~m~on
of a c~ phone in~e~. He adds ~at the
"numb~ oIloo~" r~d for phone operation may
m~e d~ u~o~ble in thor driving tasks add
1~ to inaR~tioa.
Al~ou~ ~ aunt ~t ~ of ~lhilar
phon~ ia ~ '~ay ]~a ~0 Shyer '~t~o~ few
have ~n~ an ~nt ~ff~ of such iaatt~tion:
actu~ ff~c a~a~ ~e Nafion~ Hi, way Tr~¢
SMety A~i~s~fion (1994) ~rt~ ~at of
dfiv~ Mvolved ~ ~n~ .o~y 28
~lhil~ phone ~ ~ a "~v~ ~at~"~tor m ~e
on~ on ~a~l ~d not other ~p~ of a~dents which
make up the ~jofity of ~ tra~c ~dents In
addifio~.~ ~ do ~ot gene~y ~sl the usc
of de~ su~ as ~Bul~ phon~ dung ~e
and d~ve~ wdl not usu~ly ~mit [o usiqg thee
de~ when thc a~d~t O~rmd. The study
did not pro,de any composes group.
~e obj~tiv¢ of the p~sent study w~ by usc of
epidemiolo~ ~ontroi d~ign and lo~stic
regr~sion t~hniq~s, tO ~mine the associatio~
~ong ~llular phone ~e, 18 othot driver inattention
factor, and ~tual t~c ~Sdoata. Oth~ ~saible
covariates including driving ¢xp~fien~ gender, and
age were examine.
METHOI 'S
.R~earch
This study employed an pidcmiological ca~e-
control de~gn, which is wcH est tblished and accepted
as an officient research tool (..othman 1986). This
approach is somewhat differe~ t from COnventional
exPerimental-control group de igns in that focus is
on the presence or absence or'ri k factors rather than
outCOmes. In this design, we ra tdomly selected per-
sons who had accidents as "cs ~..~. and those who
had not had accidents as "conl 'ols". Since ac~dent
status defincd the groups tn h compared, being a
case or COntrol represented the i ~dependcnt variable.
To assess risk factor, we measu ~d the frcquency of
attention d/vetting driving b~ taviors and other
factors which might affect the ~ssociation b~:tw~m
cellular phone use and ac~idcu L The prcsence or
absence of these factors was repn~ ~nted as dcpend~nt
variables.
Data collection and measurement:
The ease group cons/sled of ~ random sample o£
100 New York State r~ident ¢ ~ver~ who had a
record of an accident tn 1992-93. ] very motorist who
had an accident in New York S ate and sustained
more than $1000.00 prop~ty dl 'nape or pursuant
injury must by law have flied a t a~ident report.
Thus, persons in the case group; ad a "reportable"
ttaf~c accident, indicating flint 0'; ac~dent was at
least serious enough to report. A ~opy of thc police
accident report obtained from ti ~ Department of
Motor Vehicles provided identifyin; information and
circumstance~ of the accident for e cb ease.
The cOntrol group COnsisted o~ a random sample
ut 100 New York State resident Xivcrs who were
accident fre~ withlu the past 10 yea:
the control group was obtained fn m drivers license
data from the Department o£ Moro; Vehicles. Recold
chcc'ks indicated the presence or absence of any
repot~ad traffic ac~dents w~thin t c past 10yenrs.
Control subjects found to have had m accident were
removed /'rom the sample. Contt 1 subj~;Is
matched with case snbjecta by ge, graphic area of
residence.
To obtain information on dri~ tg behavior uot
available through Department of Motor Vehicle
records, it was necessary to condm: a mail survey
with each case and control subject. S trveya were sent
to each subject blindly, that is, the researcher was
unaware of whether thc subject v ~s part of the
accident or non-accident group. Der ographic infor-
marion as well as I8 possible driver i= attention beha-
viors were requested, including drin :ing beverages,
smoking, talking with others in the x~ hicl~ ad~ustlng
seats or mirrors, and e~lluiar p,bone usc. An exanlpJc
question was: "Do you drink non-alcohoJlc beveragcs
while driving?", r~uiHng a simple '~" Or "co"
response. Cellular phone use was m~sured by the
numar of minut~ ~r month that c~h indi~d~al
actually talked on thc phone in the v~icle. This data
was obt~ncd from mo~]y ~lJ~at phone bHli~.
Cellul~ phone time use w~ constru~ as a ~tcgofi.
~1 vafiablg with catego~ b~d on the ~l~ian
time ~r month on ~c phone. ~e first'~egory was
1-50 minut~ p~ month ~d ~e S~ond ~tcgo~
51-180minutas ~r mon~. Othet i~ormation
requcst~ on thc s~ey included an ~timate o~ thc
numar of ty~ of ~lular ~ls made (casual, busi-
ngs, intense), t~ of phone u~d (han~-f~ or
other), ye~ of d~ng cx~ea~, ~1~ d~vcn ~r
y~, age, ra~ ~d gend~, SixW per~nt of ~sc and
77% of ~ntrol subj~ r~ponded to thc su~ey.
P~ons & ~se ~d ~a~ol ~oups wh~ did not
~s~ad w~ not ~dy ~ereat ~ ~.~
to age, gg ~phic a~a of ~siden~, or a~denr
RESULTS
Descrlptit~e analysis
Table I provides a descriptive analysis of case
and control group study variables for all dtivets who
r~sponded to the survey, including those who u.~ed
eullular phones and those who did not_ A higher
perc~ata~e of.malea appeared in the c~e (a~'/d~nt)
group than in the control group (non-accident). The
case group had a younger mean age, had dr/yen fewer
avurage number al' years, drove more miles per year,
and had a h/gh~ mcan acc/dent rate ovur the past
5 y,Yats. A higher percentage of acc/dent grottp snb-
j~."ts had a ccllniar phofle in thcir yah/cie, averaged
more m/antes pet month Valldng on the phone, drank
beverages, waiched scenery, nrc, ~noked. adjusted
vclfide equipment, and took thuh' hands off thc
steering wheel mo~c ofmn than control subject.
Table 2/s a dcsct/pt/on of ee}iular phpne users
only. On average, ace/dent group cellular pi/one users
were younger than tho~: in the non-accident group;
had fewer average years dr/v/ng, drove fewer average
miles i~r year, and had more acc/dents over the past
5 years. Approximately $7. 1% of acc/dent group cellu-
lar phone users bad portable phones and 42% had
hands-flue operation phones. Accident cellular phone
users had a higher average number of mimlutes per
month phone use and higher average personal, busi-
ness, and in/ens~ business cal{s per week,
/klultioariate analysi.m
We hypothe.nizcd that as :he amount of thne
spe~lt talking on cellular phones increa~d, the odds
267
Sen (%)
Adju~ mirror S~ 50.6
D~k (~hol) 9.4 7.8
To al N~ 1~{?.
Table 2. Desadplion of~lulat phone ~ oely:
Vsdable
~oups (tO,at N= 14)
~el|ula! ph
26~
of a traffic accidcnt would also iucreasc_ To test this Controlling/or thc effee~s of
hypothesis, we used a logistic regress/on technique
(Hesmer and L~meshow 1989). Var/ables which m/ght
potentially confound the association between cellular
phone use time and ace/dents were identified and
controlled for fllrough a three-step precis. F/rst,
drivel' attention and demographic factors relevant to
the study were incorporated into a conditional logistic
regress/on model. Factors which did not reach statisti-
cal significance were eliminated from the model
Second, cellular phone use t/me was added to the
revised model to assess the association of this var~able
with accidents while controlling fox' the effects of
other s/gai~cant variables in the model. Third, a
log/stir interaction model was developed to test the
combined ¢ffeets of cellular phone use time and other
dr/ver attention I~actors on tis/tic ac~,'idents. A fourth
ste@ involvcx{ atmiys/s of subgroups r~presenting vari-
ous slrata in the full st~ldy Sample, including gender,
rac~, and dxqv~ag experience,
After elirainating -~tat/stically non-slgrJdficant
variables, three vaxiables wh/eh might potentially
confound the assoc/ation between cellular phone use
time and see/dents were retained in tile final logistic
regression model: (1) years of driving experience,
"motor" drfving act/vii/es, and (3) "cognitive" activ/-
t/es. Motor activ/t/es included a combination of those
stat/stically significant driv/ug behav/ors in the study
which requ/ted huraan motor activ/ty {drinking bever-
ages, hands on steering wheel, adjas~ing equipment).
Cognitive activities included a combination of statis.
.tically siglliflcan t driving behaviors in the sthdy which
revolved mental activity (thinking about problems,
watching sceneey).
As indicated in Table 3, years of driving experi-
ence, motor and cognitive acfivit/es, and cellular
phone use t/me were stroug/y and independently
as$odated with an increased risk of traffic accidents.
the tmal regression equation
gory of u~ing a cellular phon~
month was strongly arid signi~,
traffic accidents (odds ratio {(
1.19-37.33). Such cellular pho
assodatcd risk than other mot~
activities, or driving exper/core.
A~ additional logistic regre
mulated to test the interact/ye
u~ and othc-r driver inattentk
hypothesized that persons may
alone or together with other a~'~
and that such Combined behavk
dent risk. Eighteen interact/on
structed fz'om combinations ofsel
and other driver inattention tact,
a ingist/~ regret/on model. Of ti
were stat~ticeJly sigo~cant and rt
thc combination of cellular phot
drinking a non-alcoholic bevera.
alcoholic beverage, (3) driving
steering wheel, and (4) l/ghting a
Table 4 indicates that all
behaviors resulted in a sign/fi'cant
of having an acc/dent. Increased
phone and mk/ng hands off t
appcareel to mort strongly a,~ocia
odds of an acc/dent, followed by,
and l~ghting dgatettes.
le three covatiates
vealcd that the cate-
over $0 miuutes per
antly associated with
R} = 5.59, 95%
,e use had a higher
r activities, co~ll/tivc
,sion model was for-
~cts of celltdar phone
~ behaviors, it was
use celhilar phones
vities while d~iving
~ might a/feet acci-
· ariables were Oon-
ular phone use time
rs and entered into
: 18, four variables
ained in the model:
: use time and
e, (2) drinking an
~out a hand on the
igarette or cigar.
t combined driver
zcrcasc in [he odds
ime' on a cellular
.c st~ring wheel
ed with increased
flaking beverages
Subz'roup analy,~is
Mal~ who used a celinJat
50 mirmte~ per month had signific~
Cauc~, inns also had sign/ficant incr
4.42, ~95% CI= 1.37-26.57) under
stances, i · Perseus with 26-~ years ·
ence had the strongest odds of ha
due cefiu~ar phon~ use time (OR
bc~vn~
hone more than
~t i~creased odds
of an accident,
used odds (OR ~
f driving exper/-
~ng an accident
-2.57, 95~
zodd: int~aCtiov, s
4,~r phon~ aild on%r
1.99
2.30-7.37), and those with less driving experience had
decreased odds for an accidcnt. Age was closeJy
correlated with driving experience and therefore not
examined. No valid odds ratios could be calculated
for females, African-Americans, typ~ of c~llular
phone, or Icngth of phone ownership due to the high
degree of coltincarjty between covariates in these
subgroups.
DISCUSSION
Descriptive analysis indicated that c~llu~ar phone
USers who had accidents (cases) on average Were
yOunger, had less driving experience and more previ-
ous accidents than non-a~dcnt (~ntrols) subj--_
A~idcnt subjec~ also spent appro~mate/y
number of~nut~ ~r month t~ng on ~r ~ar
phon~ than did non-a~d~t sublet. ~ey ~so
ap~r~ to ongage ia ~nsid~bly mom bu~n~
~d iutcnse b~nms ca~ Talking ~th o~ers h the
vehicle, watching s~ne~, and ~n~g
app~tcd ~o ~ the most o~en r~o~ ~vcr ~atten-
lion ~havio~ by bo~ ~d~t and non-a~dent
subj~c~
MMtivaria~ lo~stlc encysts of
s~plc of ~Bular phon~ u~m off~ mod~
d~ lhat ~e amo~t of time dfivet~ ~ on a
~llul~ phone iq thor vehi~e ~ a~a~ Mth
incre~d odds of ha~ng an ~denL It ap~
~at the ~e of ~ll~ar phon~ for
50 minutes ~r mon~ w~ a~at~ Mth a 5.59~old
r~k of having an a~id~t. Ad~on~ fin~n~ hdi-
~ted that driving ~pe6en~ motor~
g~r, ~d ra~ may ~ ~ s~fisti~lly ~ated
with mcr~fl o~s of ~ng an a~dent.
Thc usc of a ~r phone ia a v~cle while
sim~ta~sly ~ffo~ng other b~a~o~
~ated with incr~sed od~ of a
Most silent w~ the combination of t~n~ ~ a
~ular phone while d~n~ng a be~g~ ~ting a
cig~mtt~ or taking one's hand off the st~fing wheel.
Inter~fingly, ~mbined driver ~aviors ~d lower
si~fi~nl o~ds for an a~dcnt than ~ usc of a
cellular phonc Moue. Ap~r~tly, ~ll~at phone u~
as a single behavior may aff~t a~ident risk to a
greater d~gr~ than many otilcr in-~r activities
while driving.
Limitations of the study
An obvious limitation of tiffs study is the small
number of cellular phone users found in the total
sample of accident and oon-a~idcnt groups (N =
To rest tim effect of this small number on thc power
to predict a significant odds-ratio, we conducted a
269
conventional statistical powcr anaJysi
ct al. 1978). Results demonstrated thai
of all drivers in the Sample had eellui.
power to correctly predict our hypotl
90%. Over 11% of our total sample
phones in thclr vehicle. Despite this fi
studies with large samples of cellular pi
.ncedexl to validate these findings. This s
xts ultimate usefulness as aa impetus
oleg/cai model for such future studi~s.
Additional limitations o/' this study
meat- Thc epidemiological case-control
tn the present .study oilers many adv
experimental and: time-series designs, but
to potential sources of bias. We att~mpte<
selection bias by including MI persons w
dents as eligible subjects for the case gx
Usiag an explidt protocol for the raudon
controls. One Source of bias may L~ at
(Casagrande
r at least 10%
r phones, thc
had ecl]ular
Ming, further
ady may find
md method-
'm:thod uscd
.ntag~ over
is also prone
to minimize
so had acci-
rap, and by
scl~tioa of
:~dents that
wcre not officially reported to the De ,artment of
Motor Vehicles. Nonresponsc bias was re, uced some-
what, as response rates were moderate I ~r ca~ and
COntrol groups (60% and 77% r~pectivcl ,) and non-
responders were similar in demog aphies ro
responders.
Another limitation concerns the la<; of d~r~t
evidence that peraon$ wcrc using a eeUul; r phone at
the time of the ac~deuL Slleh informati~ u wa~ not
available from thc Department of Mote ' Vehicles,
nor evident in any reports reviewed. We ~ id not ask
this question in our survey for lear of iu~ }propriatc
response. Most individuals involved in aec :lc:ts gtm-
erally do not l~rc~v¢ themselves as the c~ :ltfibufi~lg
factor to tile accident and likely would no admit tO
using a phone at the time of the accident. ~ ~e fiuding
ttmt incre~ time on the phonu was a$$o¢ ated with
increased accident r~$k ma), at least indirect r/nd~cate
the probability of cellular phone u~ at II .= time of
an accident, and may ~ more v~id than: ~lf-report
information. Time spent talking on the ph. ne~ how-
ever, ma), be o~lly one of many fac~or~ w} ell influ-
ences driver attention_ Wc measured some n otor and
cognitive activities which are haltered to ~ .- related
to driver inattention, but many others h vc gone
unmeasured. ~xamp]e$ ace the manner an/ reasons
/'or driving, the driver's emotional or physi al state,
and the type of phone conversation. W~ cannot
unequivocally state, based on the re.~ults of ti is study,
that time spent talking on a ccNnlar pho e while
dr/ring is hthcrently dangerous.
Lastly. our findings suggest a statistical associa-
tion and not a causal relationship between cellular
phone u~c and accidents. Many factors eau: .- tea/lie
accidents, and the task of future research is R further
270
comider such factor~. C~neralizability of our findings
may be limited by geographic rug/on, use of cellular
phones by Certain occupational groups, and ava/labil-
ity of Cellular cquipmenL With the cttrrent popularity
and increa.~ed sales of cellular phoncs~ future studies
should be generalizable to larger populations_
In sum, the amount of time slx:at talking on a
Cellular phone in a v~hicle appears to be associated
with increased odds of having an accident. One must
balance our present findings with the obvious safety
advantages of cella/ax phones in motor vehicles. Tho
CTIA {CTIA 1994.) estimates that OVer 500,000 emer-
gency calls per month are made on cellular phones
to 911 dispatchers, and over 20 trillion c. gllalar phone
users contribute to zafer smmts and neighborhoods.
Most cellular owners comment that they feel con_sider-
ably saf0r in th~qr vehicle in case of emergencies or
breakdowns (CTIA 1994). Preseut technology is con-
llnually fiudln§ new ways to develop cellular der/ecs
which allow for m/nimum driver distraction, and
action groups like the CTIA provide educational and
driving safety information to cella/ar phone owners.
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NJ. Td-levd ~udy of ~ ~ of tc ~c a~den~g. Fi~
Roper On U.S. ~nment of Tm: ~o~o, ~nt~t
No. DOT-~03~3-53~0. ~di~ ~ University,
rote for R~ ~ ~i~ S~cry. W~h~gto~ D~
Go~t ~ O~ 1977_
Zw~, H.Tg Ad~ ~C.; ~r~ pi. ~ety as~s
of~u ar ~honein automob~_ ~ PrO~in~from
18th ~ona~ ~p~i~ on Automotive
nolo~ ~d Au~fi~ Flo~ I~y.
88058; 1988.
Cellular Phones and Safety Page 1
Cellular Phones and Safety
Thus far, there is no evidence that the use of earphones poses a hazard to the motoring public. What makes .
the paucity of evidence less than reassuring is the absence of rigorous research in the area. There is litThe Zt-r~
chance of finding out about the involvement of cellular phones in accidents from the reports that are
ordinarily prepared by police or drivers. An early study by Brown, Tickner and Simmonds (1969) found that
use of the telephone while driving had litThe effect upon routine driving skills, but did impair the perception
of gaps in traffic. At the same time, driving impaired performance on tasks carried on over the telephone. A
more recent study by Stein, Parseghian and Allen (1987) studied lanekeeping and found significant
degradation when placing phone calls in straight driving or on curves with older drivers slmwing ~e greater
performance degradation. The practical implications of the variation in lanekeeping were negligible except
for the older age group (over 55), where the likelihood of exceeding the lane edge boundary was over 7%,
which the authors translate "to a very high probability of striking an object outside the traveled lane, and
thus a high probability of accident involvement." The risk of lane excursions and crashes decreased when
the cellular phone was moved from console to dash, although the risk of crash was not eliminated.
The effect of phone use upon the perceptual responses of drivers is likely to constitute a greater threat to
safety than its interference with vehicle control. First, perceptual processes play a far greater role in
automobile accidents than does vehicle control. "Improper lookout" and "inattention" are the two leading
contributors to automobile accidents (Treat et. al. 1977). Second, the extent to which cellular telephone
calling interferes with vehicle control can be reduced by dialing aides (e.g., speed dial) and by placing calls
only when conditions permit relaxation of vehicle control requirements. The effect of phone use upon
perceptual processes, however, is not so readily ameliorated. There is nothing that can be done to the phone
to lessen the disruptive effect that mere telephone conversation seems to have on perceptual processes in the
Brown et. al. study. Nor can one arrange to schedule telephone conversations around what are primarily
unpredictable perceptual tasks. Third, among the population whose driving is most effected by telephone use
- older drivers, it is the perceptual processes that undergo the greatest decline. Research has shown
significant age-related decrement in general attention, selective attention, attention sharing and spatial
judgment.
While Brown, Tickner and Simmonds discovered an effect of telephone use upon perceptual performance,
the scope of that performance was limited to judging gaps in traffic. Certainly the criticality of this task to
safe driving cannot be questioned. However, other pemeptual processes are equally or more critical. The
relation of lapses in visual search (lookout and attention) to accidents has already been mentioned.
The interference of telephone calling with the perceptual and cognitive processes involved in driving a car is
primarily physical and has to do with the location of the dialing mechanism, the visibility of the keys, and so
on. The distraction that results from the carrying on the telephone conversation, on the other hand, is largely
mental and is greatly influenced by the nature of the conversation itself particularly, the amount of attention
it demands. Casual social conversation is probably no more distracting than talking to a passenger.
However, an intense business conversation could well divert a driver's attention to the point that cues of
potential danger may be overlooked. A survey of cellular phone users conducted in connection with this
study showed that, on the average, 72% of conversations are for business purposes.
Back to INTRODUCTION
~ Up to Table of Contents D Ahead to Age Related Effects
Purpose o£the Study Page 1
Back to Age Related Effects ['~ Up to Table of Contents
Ahead to METHODS
Purpose of the Study
The effect of placing and receiving telephone calls upon the ability to control the motion of the vehicle and
the interaction of this relationship with age seems sufficiently well-established by Stein, Parseghian, and
Allen to obviate the need for further study. 'The same cannot be said for the effect of telephone use upon the
perceptual and cognitive aspects of driving, often referred to as vehicle "guidance", in contrast to the control
function. While Brown and Tickner showed that perceptual processes can be degraded by simultaneous
telephone conversation, they did not address the full range of cognitive and pemeptual fimctions involved in
driving; nor did they examine the important age question.
The propose of the study described in this report was to assess the effect of telephone use upon the driver's
ability to meet the perceptual and cognitive demands of the highway traffic environment. Specifically, it
attempted to answer the following research questions:
What effect do placing calls and carrying on conversations have upon perceptually- and
cognitively-mediated responses to highway-traffic situations?
How do these effects relate to the complexity of the conversation?
How do these effects vary across highway traffic situations?
How do any of these effects vary with age?
~ Back to Age Related Effects DUpto Table of Contents ~ Ahead to METHODS
METHODS Page 1
Back to Purpose of the
Study
'~' Up to Table of
Contents
DAhead to General
METHODS
The effects of cellular phone usage upon the ability of drivers to cope with the perceptual and cognitive
demands of driving was studied by confroming samples of drivers with highway and traffic conditions
calling for certain vehicle control responses and comparing the responses occurring under ordinary driving
to the responses when drivers are handling telephone conversations.
Back to Purpose of the ~ Up to Table of ~ Ahead to _General
Study ~ Contents ~ Approach
General Approach Page 1
Back to METHODS ~ Up to Table of Contents
Ahead to Types of Distraction
General Approach
Any attempt to study the effect of cellular phone use upon driver cognitive and perceptual processes is
challenged by the varied and unexpected nature of the demands that are placed upon these processes. A truly
empirical assessment of the cellular phone's effects requires a measure of the driver's ability to meet various
perceptual-cognitive demands with and without concurrent use of the phone. Such comparisons can be made
without great difficulty when the demands upon the driver come from fixed characteristics of the highway
environment, such as intersections or signs along the highway. But, much of what drivers have to respond to
involves the actions of other road users - a driver who may pull out from a side road, or a child who might
enter the street.
In actual driving, the actions of individual road users are one-time events and therefore do not lend
themselves to comparisons. While they can and have been deliberately staged for research purposes
(McPherson, McKnight, and Wiedman, 1983), the cost of doing so severely limits the number of events that
can be presented to the subjects and the number of subjects who can be exposed to the events. Therefore, in
situ studies are suitable for registering only those salient influences that can be counted on to manifest their
effects in small sample studies. The effects of phone conversations upon driving, on the other hand, are
likely to be very subtle. Yet, because of the vast opportunity for such distractions to occur, and because of
the enormous opportunity for injury to arise, subTge effects can have serious consequences.
Back to METHODS
~ Up to Table of Contents
Ahead to Types of Distraction
Study Sample Page 1
Back to Study Parameters D Up to Table of Contents
Ahead to Test Procedure
Study Sample
To study the relationship between cellular phone use and the driver's ability to respond to the demands of
the highway traffic environment, we needed a sample that was generally representative of the driving
population at large with respect to those relationships. Samples of subjects can be quite different from the
at-large population with respect to many variables, including the variables under study, and still be
reasonably representative with respect to relationships among variables. The only requirements for entry
into the subject pool were experience in driving and the absence of any known problems that would have
adversely affected their response to highway hazards.
A total sample of 150 was believed necessary to provide a reliable outcome. To assure that the age
distribution was not severely biased in one direction or another, one-third of the sample was to come from
each of the following age groups: Young (25 and under), mid-range (26-49), and older (50 and older). Since
ages were not known until the subjects arrived, the division could only be approximated. The final sample
included 45 young, 57 mid-aged, and 49 older, for a total of 151 subjects. The mean age of the sample was
39 years, corresponding exactly to that reported for cellular phone users by Sextro (1989). In order to permit
experience to be studied as a variable, we established a quota of 50 cellular phone users, a quota that was
met.
Subjects for the study were recruited primarily through posters placed in neighborhood stores and offices.
The announcement offered a payment of $20 for one half-hour's participation in a study involving operation
of an automobile simulator. Since older drivers and cellular phone users were likely to be underrepresented
in the population reached by the announcement, additional efforts were made to recruit subjects from these
sources. A route to older drivers was offered by the American Association for Retired Persons "55 Alive"
Driver Improvement Program at which we made in-person solicitations. To attract cellular phone users, we
placed flyers under the windshields of parked vehicles sporting cellular phone antennas.
Back to Study Parameters ~ Up to Table of Contents ~.Ahead to Test Procedure
DISCUSSION Page 1
Back to Performance on
Distractors
[Up to Table of
Contents
Ahead to Magnitude of
Problem
DISCUSSION
The three tasks associated with use of cellular phones -placing calls, simple conversations, and
complex conversations -all led to significant increases in time to respond to highway traffic conditions
and in the likelihood in failure to respond at all. As might be expected, complex conversations
involving problem solving led to the greater degree of performance decrement - about on par with
tuning a radio. The act of placing cellular phone calls yielded increases in response time similar to that
of complex conversations, but increases in non-response that were similar to simple conversations.
The overall results conceal large age differences. The proportion of drivers age 50 and over failing to
respond to highway traffic conditions while using cellular phones was two to three times greater than
that of younger subjects. Among those responding, the oldest subjects took significantly longer to
respond than their younger counterparts when placing calls, but evidenced no slower response time
than the two other age groups when conversing on the phone. Tuning the radio, while a highly
distracting task, appeared equally so for all age groups. Prior experience with cellular phones
appeared unrelated to the degree of distraction involved in using cellular phones.
Back to Performance on ~ Up to Table of ~ Ahead to Magnitude of
Distractors Ill Contents U Problem
Magnitude of Problem Page 1
Magnitude of Problem
How concerned should we be with the distraction created by use of cellular phones? Of the two dependent
variables, non-response and response time, the former is certainly the more important. First, whether or not
drivers notice and respond to elements of their highway-traffic environment is certainly more important than
how long it takes them to do so. We are not dealing with emergencies, where time is of the essence. The
situations to which subjects were expected to respond became evident almost five seconds before the
average subject felt it was necessary to do anything. The decrements of less than a second that result from
use of cellular phones represent a relatively small increment in total response time. Second, the response
time measure employed in the present study was somewhat artificial, including what amounted to a penalty
for failing to respond.
For the driving population at large, simple casual conversation seems to have little impact upon the ability
of people to notice and respond to the demands of the highway and its other users. Nor does the act of
placing calls seem to divert attention, although drivers may take some fraction of a second longer on the
average to respond. It is those conversations that require intense concentration on the part of the driver that
appear to be most distracting. When confronted by those highway-traffic situations presented in this study,
their chances of not responding increase by almost. 10, which is approximately a 30% increase over the
non-response rate when no distractor is present. An increase of this magnitude and the chances of not
noticing something, while small, is nonetheless cause for concern. Someone might point out that the
performance decrement it represents is no worse than that which occurs when tuning a radio. However, the
amount of time during driving that is devoted to tuning a radio may be considerably less than the time spent
in intense phone conversation by those who use cellular phones for business purposes.
The greatest deficit in ability to respond to highway-traffic situations is experienced by the older drivers.
The frequency of non-response was from almost two times to over three times that evidenced by their
younger counterparts. The degree of deficit was rather similar across the three phone tasks (calling, simple,
and complex conversation), increasing the likelihood of non-response by. 1 1-. 13, representing a 33-38%
increase over non-responses in the absence of any distraction. Among the older drivers, the distraction
resulting from the use of cellular phones was again half as large as that involved in tuning a radio, which
was actually the most distracting for the youngest age groups.
One legitimate question might be to what extent the distractions from casual and complex conversations are
truly a cellular phone problem. While placing a call is a phone-specific task, the carrying on of
conversations is not. Under the "hands off type of cellular phone simulated in the present study,
conversations were really no different from those that might be carried on with another passenger. But, what
a cellular phone can do is bring into the vehicle conversations that are more frequent and more likely to be
intense than those that would occur with passengers. From accident statistics we know that drivers are
unaccompanied about two-thirds of the time. lit seems very likely that introduction of a cellular phone
brings about a significant increase in the likelihood of intense phone conversations.
Back to DISCUSSION ['~ Up to Table of Contents
Ahead to Implications
Implications Page 1
Back to Magnitude of Problem D Up to Table of Contents
Ahead to Conclusions
Implications
The results of the study that has been described carry two significant implications for use of cellular phones.
First, all users of cellular phones should be advised not to engage in intense phone conversations while the
vehicle is moving. Businesses whose employees regularly carry on transactions by means of cellular phones
might advise, or even direct that protracted dealings over the phone be avoided while the vehicle is
underway.
The second implication has to do with older drivers. Not only is the performance deficit of drivers over 50
years of age significantly greater than that of younger drivers, but it prevails over all three of the cellular
phone tasks studied. If there is any group that should not be using cellular phones while driving, it is those
in the older age group. Gerontological research in general shows that the severe deterioration in mental
processes tends to become more and more prevalent beyond age 70. One might therefore expect markedly
greater instances of failure to respond to highway-traffic situations at these advanced years. Unfortunately,
the number of test subjects in this age category was not sufficient to permit this possibility to be tested.
There is no reason to discourage older drivers from having cellular phones in their vehicles. Phones provide
them with a very valuable way of summoning help in the event of illness or mechanical breakdown without
advertising their plight over a CB radio. However, the diVersion of attention, coupled with the difficulties in
vehicle control found by Stein, Parseghin and Allen (1987) contraindicates their use while the vehicle is in
motion.
Back to Magnitude of Problem D Up to Table of Contents
Ahead to Conclusions
Conclusions Page 1
Back to Implications [2~ Up to Table of Contents
Ahead to ACKNOWLEDGEMENTS
Conclusions
From the results of the study that has been described in this report, the following conclusions may be
offered.
1. All forms of cellular phone usage lead to significant increases in the establishment of
non-response to highway-traffic situations and increase in time to respond.
2. Complex, intense conversation leads to the greatest increases in likelihood of overlooking
significant highway traffic conditions, and the time to respond to them. The distracting effect is
similar to that of tuning a radio. The effect of placing calls or engaging in casual conversation is
less of a problem, although, calling tends to retard responses.
3. The distracting effect of cellular phone use among drivers over age 50 is two- to three-times
as great as that of younger drivers and encompasses all three aspects of cellular phone use -
placing calls and carrying on simple and complex conversations. The effect is to increase
non-response by 33-38%.
4. Prior experience with cellular phones appears to bear no relation to the distracting effect of
cellular phone use.
Back to Implications ~ Up to Table of Contents
Ahead to ACKNOWLEDGEMENTS
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
Eric M. Soroka, City Manager
Ken Cohen, Councilmember~0J~
January 31, 1997
Survey of Sunny Isles Residents
February 4, 1997 City Council Meeting Agenda Item 9-C
In order to clarify the direction given by Council at the recent Workshop meeting
concerning the above matter, please place this item on the agenda for discussion and
possible action.
KC/tms
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Oct.lma V. Ferbeyre, who on oath says thai she Is the
Sup.rvllor, Legal Notices Of the Miami Dally Business
Review tlkla Miami Revlew, 8 dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County. Florldaj that the attached copy of advertisement,
being 8 Legal Advertisement of Notice In the matter of
I' C 'C "'PUtiUCNOTICE OF
PROPOSED ORDlllANCE
OF THE CITY OF AYENTURA .
CITY OF AVENTURA
AN ORDINANCE REPEALING
SECTION 2-11.1(5)
FEBRUARY 4, 1997
NOTICE IS ~IlE&Y QIYEN thal QI\.TUIlI!laY.,'" ~ day 01 FebnJ-
ary, 1997, at a m8eIlng 01 !he Ci1y Council of !he CiIy of Aven1ura, to
be held at 7:00 p.m. In !he Council. MoeIiI1ll Ropm .at !he CcllInlbIa
Aventura HoapitaI 8nd ModIcal Cer)ter, ~11jO Bilcayne Boulevard.
Sui1e 101, Aventura, F1cirkl1s. !he Ci1y CoIJncifwiD consider !he ad0p-
tion of !he following Otdinance on socond.1Mdng. enlilled: .
AN ORDINANce' OF THE CITY (:if AVENTURA, FlORIDA;
REf'EAUNG seCTION 2.11.1(0) OF THE .METROP.OUTAH
DADE COUNTY CODE; ENACTING F!EGULATIONS GOV,
ERNING LOBBYING ACTIVITIES IN THE CITY;I'ROVIDfNG
DEFINITIONS; REaUmlNG REGISTRATION (iF LOBBY-
ISTS; PROVIDING FOR REGISTRATION" FORMS; RE-
QUIRING I'lUNG iAND DISCLOSURE OF ANNUAl' EX.
PENDITtJR&S; PRESCRIBING PENAl'J1&8, FOR VIOlA-
TION; PROVIDING Ii. LOBBYIST REGIS'TR1.TION FEE:
. PROVIDING FOR SEVERABIUTY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
The JllOIlOllOd ~....y be Inapec:ttld by the poibIic; .t !he Of-
fice of !he CilyCletl<,'_N.E. 191sl Sll!l8I, Sui1e SIlO, A_ra,
Florida. In_ patties _ -. at ~Publicttearirlg and be
_ wIlI1 respect _.the ~Oilhnce; Any parson wi8hiAlIto
_!he Ci1yOloli>cll.....IIh(Itei.Ut this Public Hearing is aaked to
regiUr wIlI1 the CIlyOelk'jlitor to th8t Item bliiIlg Meld. . .,
I In _ _ the _ wIlI1 DIsobIIItios Act of 1990, ell
i"parsona wt10 are - and wt10 .- speclelllCCOO..n_ to
" participate In this pnjC88ding because 01 thal disabiIiIy _ con18Ct
the 0Iflce 01 the CitY~,~I;!"'t later 1han'~ll...''''''' days'
pnor to such pnlCll8dIi Is' ... '~< '.
It a parson _10 8pp8e1 any dacision mada by !he CiIy Council
with respect to lIl1)I "-r oon-.e<l at a meeting or Maring, that
""""'" wID .-~.of the proceedings and, for such plJIpOlI8,'
m.y .- to .......,.' a \/8fI>e1im _ of the proceedings is
mada, which reconl_.\IJe teotimony and __ upon which
the sppeel is to be~.
In the ........................)(:*K.H:.)(:...................................... Court,
was published In said newspaper In the Issues of
Jan 23, 1997
Affiant further says that the said Miami Dally Buslne.s
Review Is a newspaper published al Miami In Bald Dade
County, Florida, and that the said newspaper has heretofore
been continuously publiShed In IBid Dade County, Florida,
18ch day (except Saturday, Sunday and Legal Holidays) and
has been entered al second class mall matter at the post
Office In Miami In Mid Dade COunty, Florida, tor a period ot
one year next preceding the first publication or the attached
copy or .advenIHment; and 8tTIant ys that she has
neither p r promised a on, fir or corporation
any dll unt, rebata, co or retun tor the purpose
of s rln hie adve or publ allon In the said
no pa
........~,
Doled this 23rd day 01 January, 1997.
1/23
Tereoa M. Smith, CMC
Ci1y Clerk
97'4-012315M
(SEAL)
Swom to and lub.crlbed bafore me thl.
January 97
p.. p OFFICIAL NOT AFtV' SEAL
0: ~~ JANETT LLERENA
~y~owll_IIlIICN NU"BER
~ l~~ <f CC566004
"Y1c- ~~ ~ MY COMMtsSION EXPIRES
OF F~O JUNE 23,2000