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03-04-1997 CC Meeting AgendaCity of Aventura The City of Excellence Arthur L Snyder, Mayor Arthur Berger, Vice Mayor Councilmembers Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Council Meeting March 4, 1997 - 6 PM Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 AGENDA CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PLANNING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. APPLICATION NUMBER: 01-AR-96 APPLICANT: TRAFALGAR ASSOCIATES OF AVENTURA, LTD., A FLORIDA LIMITED PARTNERSHIP APPLICANT REQUEST: APPLICANT IS PETITIONING TO CLOSE EIGHT (8) FEET OF PUBLIC RIGHT-OF- WAY ON NE 207 STREET FROM NE 30 AVENUE EAST FOR APPROXIMATELY 1784 FEET AND TEN (10) FEET OF PUBLIC RIGHT-OF-WAY ON NE 30 AVENUE FROM NE 207 STREET NORTH FOR APPROXIMATELY 926 FEET March 4, 1997 Council Meeting LOCATION: THE NORTHERN MOST EIGHT (8) FEET OF RIGHT-OF-WAY ON NE 207 STREET FROM NE 30 AVENUE EAST FOR APPROXIMATELY 1784 FEET AND THE EASTERN MOST TEN (10) FEET OF RIGHT- OF-WAY ON NE 30 AVENUE FROM NE 207 STREET NORTH FOR APPROXIMATELY 926 FEET. APPROXIMATELY 0.54 ACRES 4. APPROVAL OF MINUTES: Council Meeting February 18, 1997 Workshop Meeting February 26, 1997 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes execution of Law Enforcement Mutual Aid Agreement with Metropolitan Dade County) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes execution of Law Enforcement Mutual Aid Agreement with the City of North Miami Beach) March 4, 1997 Council Meeting A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes execution of Law Enforcement Mutual Aid Agreement with Indian Creek Village) A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S GENERAL BANKING SERVICES TO BARNETT BANK, N.A., SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Awards comract for City banking services Request for Proposal to Barnett Bank, N.A.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA INDICATING THE CITY'S INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM; AUTHORIZING TIlE CITY MANAGER TO FILE THE NECESSARY APPLICATIONS AND TO TAKE THE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Resolution of the City's intent to participate in the National Flood Insurance Program) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-06 WHICH ESTABLISHES PROHIBITIONS AGAINST March 4, 1997 Council Meeting EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. (Provides additional regulations regarding construction activities and excessive noise) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE COLUMBIA AVENTURA HOSPITAL AND MEDICAL CENTER'S CERTIFICATE OF NEED APPLICATION AND IMPLEMENTATION OF AN OPEN HEART SURGERY SERVICES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. (Supports Columbia Aventura Hospital and Medical Center's application for implementation of an open heart surgery services program) 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-12 BY AMENDING THE TERM THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING FILMING REGULATIONS FOR THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE 9. RESOLUTIONS: None 10. OTHER BUSINESS: A RESOLUTION OF THE CITY OF AVENTURA FLORIDA URGING THE STATE LEGISLATURE TO March 4, 1997 Council Meeting ENACT LEGISLATION TO PROHIBIT THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOVING MOTOR VEHICLE; AND PROVIDING AN EFFECTIVE DATE. (Mayor Snydcr) DISCUSSION AND POSSIBLE MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A RESOLUTION REQUESTING THE STATE LEGISLATURE TO ALLOW LOCAL CONTROL OF GUN REGULATIONS (Couneilmember Cohen) DISCUSSION AND POSSIBLE MOTION TO DIRECT THE CITY ATTORNEY TO TAKE ACTION AGAINST MISLEADING REAL ESTATE ADVERTISEMENTS (Councilmember Perlow) 1 I. REPORTS 12. PUBLIC COMMENTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: THURSDAY, MARCH 13, 1997 TUESDAY, MARCH 18, 1997 9AM 6 PM COUNCIL WORKSHOP* COUNCIL MEETING *Govemmem Cemer, 2999 NE 191st Street, Suite 500, Aventura, Florida 33180 tn accordance with the Americans with Disabiht~es Act of 1990, all persons who are disabled and who need specml 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 heating 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 Avanmm Government Center, 2999 NE 191~t Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of eny agenda item should c°ntact the City Clerk at 466'8901' 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 March 4, 1997 Road Closing Petition March 4, '1997 City Council Meeting Agenda Item ..~ OWNER OF PROPERTY City of Aventura LOCATION OF PROPERTY Eight (8) feet of the northern portion of public right-of- way on NE 207 Street from NE 30 Avenue east for approximately 1784 feet and ten (10) feet of the eastern portion of public right-of-way on NE 30 Avenue from NE 207 Street north for approximately 926 feet. SIZE OF PROPERTY Approximately 0.54 acres LEGAL DESCRIPTION Lengthy legal description - see attached. THE REQUEST A petition to abandon all rights of the City of Aventura to portions of the NE 207 Street and NE 30 Avenue right-of-ways adjacent to the petitioner's Aventura Lakes Residential Development. RECOMMENDATION The Community Development Department is recommending approval of the road closing petition. Public interest within this property has been extinguished as evidenced by the fact that an adequate level of service will be maintained on the subject streets, significant landscaping can still be provided, and no utility lines would be located outside of a public right-of-way or easement. DESCRIPTION SURROUNDING PROPERTY- North and East: South of NE 207 Street: West of NE 30 Avenue: PAD; Planned Area Development RU-4A; Apartments/Hotel/Motel OPD; Office Park District, and RU-2; Two Family Residential THE SITE- The subject property includes the northern most eight (8) feet of public right-of-way on NE 207 Street from NE 30 Avenue east for approximately 1784 feet and the eastern most ten (10) feet of public right-of-way on NE 30 Avenue from NE 207 Street north for approximately 926 feet. The property is approximately 0.54 acres. THE PROJECT- The abandonment request was brought forth in connection with the petitioner's Aventura Lakes residential development. The 485 home development is to be located north of N.E. 207 Street between N.E. 30 and N.E. 34 Avenue. The Aventura Lakes master site plan was approved by Dade County and the tentative plat is currently being reviewed by Dade County. The final plat will be submitted for City Council approval. BACKGROUND The road closing petition was originally submitted to Dade County in January 1996. The County Manager recommended approval of the petition in a memo to the Dade County Commission. The petition, however, was never set for public hearing. The County Manager's recommendation for approval was based on the following stated in the Manager's memo: 1) NE 30 Avenue has limited continuity and will never continue north of NE 210 Street; 2) Closing the right-of-way will relieve the County from any responsibilities to keep the land clear of trash; and 3) If the right-of-way is closed and placed on the County's tax roll, $1,526 in additional property taxes will be paid by the adjacent property owners. ANALYSIS Before a right-of-way, or any portion of a right-of-way, is abandoned by a public agency, all public interest in a right-of-way must first be extinguished. Public interest can include, but is not limited to, an acceptable level of service, landscaping, and public infrastructure (utility lines)., Level of Service The Table below summarizes the existing right-of-way width, the requested abandonment width, and the remainder of right-of-way if the abandonment request is granted. Existing Abandonment Remainder Length right-of-way width width NE 207 Street 110 feet 8 feet 102 feet 1784 feet NE 30 Avenue 65 feet 10 feet 55 feet 926 feet Prior to staff making a recommendation, we requested that the applicant provide us with technical justification indicating that both NE 207 Street and NE 30 Avenue will operate at acceptable levels of service at build-out if the requested right-of-way is abandoned. In response, the applicant has provided a detailed traffic study entitled "Dorm Acres Traffic Study" by Transport Analysis Professionals, Inc. and is available for review at the Community Development Department. Attached is the consultant's cover letter to the applicant which was received with the traffic study on February 26, 1997. The study shows that existing volume in May 1995 was 23,342 vehicles per day. Given the completion of the Trafalgar residential and Aventura Commons sites, the study indicates that traffic flows on NE 207 Street, east of NE 30 Avenue, will be well within the capacity of a four-lane divided street. The traffic study was based on an initial proposal of 1,977 dwelling units. Aventura Lakes is now, however, building only 485 units, which will result in even less traffic volume than previously figured. Furthermore, the study indicates that with the planned addition of NE 213 Street, more than 5,000 vehicles per day will be diverted from NE 207 Street. Because no significant cross section changes are proposed for NE 207 Street, and no signalization changes are proposed for the two signalized intersections, the capacity analysis for NE 207 Street showed no change is current conditions. NE 207 Street will continue to operate at an acceptable level of service. Traffic volumes and capacity analysis for NE 30 Avenue indicate that NE 30 Avenue will operate at an acceptable level of service. Please see the attached letter by Transport Analysis Professionals, Inc., dated February 28, 1997. Regardless of the future traffic demand on NE 30 Avenue, the right-of-way for NE 30 Avenue, at 65 feet, is not of adequate width for a four-lane divided road. Therefore, even if the City did not abandon the right-of-way, the ultimate cross- section for NE 30 Avenue would be limited to a two-lane divided or three-lane roadway, which are both feasible at the requested right-of-way width of 55 feet. Landscaping Having an aesthetically pleasing community is one of Aventura's primary goals. Inasmuch, the landscaping of public right-of-ways can be considered a public interest. The landscaping design for a cross-section is determined, to some extent, by the right-of-way available. The County has expressed that the remainder of the right-of-way on NE 30 Avenue, if abandoned, would be of sufficient width for a three-lane cross section with a continuous middle turning lane. We believe that a two-lane divided cross section with turn lanes and a landscaped median would be more aesthetically pleasing, as well as much safer. A two-lane divided or three-lane cross section with a landscaped median would be possible with the remaining 55 feet of right- of-way. The applicant has agreed to provide a detailed landscape plan, which will address staff comments on the conceptual plan, prior to the issuance of the first Certificate of Occupancy. Utilities Finally, the public has an interest in insuring that no public utilities are exposed as a result of the abandonment. The Dade County Manager has determined, in his memo the Dade County Commission, that there are no existing public utilities within the subject portions NE 30 Avenue and NE 207 Street rights-of-way. 5055776222 BERCOW & RADELL PA. 041 P02 FEB 28 '97 12:55 TIIAN~PORT ANALY~I~ IqiOl~lOl~L~, INC. February28, 1997 Ben Fernandez, Esq. Bcrcow & Radell, P.A. 200 South Biscayne Boulevard Suite 8~0 Miami, Florida 33131 City of Av~tura Road Clostn~ Petition NE 207th Street east of NE 30th Avenue NE 30th Street north of NE 207th Street Petitioner: Trafalgar Associates Dear Mr. Fernandez: Thh is a follow-up to my February 24th letter regarding the pendi~g~, petition ~o close portiom of. .ri~.,t of way on NI~ 207th Street and NE 30th Avem,m. Th~s letter addre, s~es more specifically the estimated future use of NE 30th Avenue and thai portion of the petition to vacate part of the NE 30th Avenue right of way north of NE 207th Street to the Aventura Commons ske. Wc have inquired of the Dude County Public Works Department Highway Division to determine whether recent traffic volume counts may have been made on the exis,tin, g segment of NE 30th Avenue in this general are~. County staff we, .t~. ed to checked th.e_ir records and indicated no current data were available. When we ~mtiated our 1995 tramc study for thc ~ea encompassed by the Trafalgar residenti.ai, de.velopment and ~e Aventura Commons retail/commerdal site, I recall making a similar mqun~ .to obtmn up-to-dat~ background traffic information, and Fecal .v~.g ~ same response re~ardms NE 30th Avenue traffic measurements. The only informauon available was an approach count taken on a summer weekday in 1993, There have been no additional measurements taken since that t/me. When our firm undertook the earlier traffic s.mdy, we first made observations of existing streets and their current traffic loads. From this and other factors, we made an engineering assessment of what streets we should select to make our own iraffic measurements by using our field data collection equipment, and at what inters~tions we ~houid record v~hicular turning movement data for subsequent analysis of existing and future conditions. From our observations, the existing segment of NE 30th Avenue would not be` critical ~rom a tr.affic engineering perspective, Recorded data of its use would have provided a more complete inventory of street use in the area, obviously, just as data on many other streets fllrther to the south and east of the Trafalgar property may have provided a broader and more complete background. However, we were aware at thc t/me that prel!minary site plans for the area that is now being developed by Trafalgar did not. c.all fo.r re. sld.enti.al traffic .acc. ess to Nil. 30th Avenue. Further, Ntl 30th Avenue was not {uelng planned to oe extengexl to interest Biscayne Boulevard at an acute angle, rather, it would be terminated as a secondary means of accass to Aventura Commons. 3053??6222 BERCO~ & RADELL PA. 041 P03 FEB 28 '97 12:55 Ben Fernandez, Esq. February 28, 1997 Page 2 The field observations discussed above were conducted on weekdays. I was aware that !raffle. activity in this genera/area is also quite high on we. eke.n.~., particularly Saturdays. Also, m general, shopping centers tend to generate somewhat higher daily traffic volumes on Saturdays than weekdal~s. Following the initial submittal of our 1995. traffic study, 1 personally observed Satur/lay traffic conditions in the area for an approximate five-hour per, tod.. These. observations were not directly related to vehicular use of N]~ 30th Avenue at its mtcrsectwn with NE 2071h Street/Waterways Boulevard, but I did obsevae traffic at thiv intersection at numerous times during Saturday. From my personal observations of traffic usc, observations of thc current land uscs and intensity of existing develol~ment with access to NE 30th Avenue, and observations of other characteristics o}' this stree' t, I have estimated .t~. teal daily use. I estimate that no more than 4,000 vehicles per day use the existing portion of NE 30th Avenue, and peak hour use in estimated.., at a;pproximalcly 320 total vehicles. These are total two-way volume estimates, not per directio~ The existine section, of NE 30th Avenue south of NJ~ 2071h Street allows on street parldng. Asid.e fr~,o.~ street tunctionai use, based on thc physical desi .~1. and type of traffic control features for this port/on of N~ 30th Avenue and the intersection operations ! observed, I estimate thc stre.et's existing carrying, capacity to. be well over 9,000 vehicles per day alld well over 900 vehicles per hour. Again, these es~mates are also on a total two-way basis. I have re.examined our project file, our work papers and calculations used in the development of our traffic study report on Dorm Acres. Additional copies of this report were submitted with our Fcbrua~.. 24th letter. As indicated in our report, consfderatlon was given to thc type of possible retml/commcrcia/uses at the Aventura Commons site, internal ,.cap. tu.rc .poten~ia/among. the .s. ite's ou.~arcels and the ma/n shopping complex, diverted and l/n~ea trips and thc cardinal d~str/bu~on pattern of traff/c demands associated with Aventura C~.ommons. ,The resulting primary, drive, way volumes for daily and peak hour Aventura co..,n~,unons ~te. at. ss were .shown m vano. us re.p~,r.t graph/cs. Total Aventu .ma Commons ~allclc generauo.n by the various commercial/retail uses were also tabulated m our report. from s ,ummary da. tn p[.esentcd in our report and as verified through various supporting work p_.apers m our project hie, thc following traffic volumes w. ere calculated ~o use the Aventura l~Ommons secondary access connection, the north terrmnus of bll/[ 30th Avenue: Two-way Daily: 1,081 PM Peak Hour: In: $6 Total 111 To remain conservative in terms of potential traffic impact on NE 30th Avenue, the total ~t~o-w.a¥ .values.above have beert increas .ed. to 1,500 dally and 160 during peak hours. When ese mgner volumes are added to ~hc estimated oxisting use, the future total traffic volume on the existing seg, mcnt of NE 30~h Avenue near N]//2071h Street becomes a maximum of 5,500 dally and 480 during the typical afternoon peak hour. This simple addition o£ Course, presents a worst-case .scenario and assumes all future traffic on NE 30th Avenue would pass directly through the intersection and make no turns to/from NE 2071h Street, This is definitely not expected to occur. ]~ven with these stringent assumption, s, thc total estimate, d traffic use of NE 30th Avenue is well below (about 55% ~o 60% ot') me estimated capacity of this street. Ben Fernandez, February 2~, 1997 Page 3 In reality, th~ future use of NE 30th Avenue north of NE .207th Street/Watt .~r~ Boulevard is expec~l to be considerably lower t.h_~ the usc of ~ 30th Ave~, ue ?o,,uth this strest. In our traffic engineering judgment the portio.n of NI~ 30~h Avenue revolving the pcndin~ petition will offer a relatively high level of service, The purpose of the pending road closinE petition is not to el. ese .t~e dedicated right of_w?y entirely, not for the purpose of reducin, g ~he proposed pavea widtl~ or carry capacity c4' t~e street, and not for .the pur.~,e of restncUng acce~ in any way to adjacent properties wh/.ch now abut this public street r/~ht of way. The sol~ purls, e, we.u~ler~tud,./s to allow t~o~r, private installation and conunued mamv~nance of lanascap~ ~eatures on the east. c. rn width of propert~ to be reverted from road maim.e, na?c~, ~u,r'.,l~d/ctlon and re.m. ovi~ habil/W. and maintenance responsibilities from that public jun~diction, wh?her It oe .¢~oun.ty mun/c/paL P.~ ,m~her, we understand that the petition to close a p?,rt~on oi~.tl? rich. t.oz way will no~ result m an offset alignment of the future pavement useo mr norm/sOutl~ tt~ougn movements along NI/ 30th Avenue at the NE 20?th Street/W~tterway~ Boulevard intersect/on, We trust this explanauon adequately addresses addmonal informatton regarding thc and future use of NIE ~0th Avenue in this portion of the City of Aventura. Very ~ruly yours, TRANSl~ORT ANALYSIS PROI~.S$1ONALS, INC. David C. Rh/nard, P.E. Pr nc p d DCR/ja/, l/nclosure 5055776222 BERCOW & RADELL PA. 041 P05 FEB ~8 ~97 12:5~ HIGHWAy DIVISIOI~ DEP~ OP ~U'~LTc WORKS 24 HOUR v~z~C?,~. COUN~ bY ~U'I~OM~TIC RECORDERS LOCATI01~: NE 30 AVE & 207 ST UNINc. DAD~. COUlVr~ 12-01 ~ lS 78 116 194 209 01-02 ~ 10 40 54 94 10% 02-03 ~ 2 lS 22 40 42 03-0~ AW 4 16 12 2~ 04-0~ ~ 3 16 ~1 ~7 0~--06 ~ 6 3~ 40 7] 79 06-07 ~ 10 149 2~0 359 .369 07--08 ~ 65 3~6 638 9~ 1019 08--09 ~ 8~ ~12 1050 1~62 1546 10--11 ~ 9~ 4~7 671 I1~8 1255 iI-~N 149 ~0~ 67~ L180 1329 12-01 PM 1~7 575 ~21 12~6 0!-02 P~ faa 536 628 1!64 02-03 PM 14~ ~20 659 1179 1321 04-05 PH I~0 636 701 1337 1477 06--07 PM 1~0 750 621 13?1 1521 07-0~ ~ 120 640 613 12~3 1373 0~-09 ~M 123 5%3 ~98 11~1 1~64 o9-10 PH 83 397 580 977 1062 !1-~D. 23 1~6 323 ~69 492 ~es: 2 2 2 08:00 AH 18 92 249 08:15 AH 1~ 90 2S0 08:30 Al( 26 103 259 08:4~ Al( 26 127 26~ K: 0.04 0.05 0.09 A: 0 0.72 0.72' 03:00 ~ 39 151 03:15 PM 46 148 201 03:30 ~K 35 135 03:45 PI~ 41 162 207 K: 0.08 0.07 0.0T A= 0 0.56 0.56 93~265 TRANSPORT ANALYSIS PROFESSIONALS, INC. 9300 SOUTH DADELAND BOULEVARD · SUITE 501 · MIAMI. FL 33156-2704 · TEL: 305/670-0007 · FAX; 305/670-9997 February 24, 1997 Ben Fernandez, Esq. Bercow & Radell, P.A. 200 South Biscayne Boulevard Suite 850 Miami, Florida 33131 City of Aventura Road Closing Petition NE 207th Street east of NE 30th Avenue NE 30th Street north of NE 207th Street Petitioner: Trafalgar Associates Dear Mr. Fernandez: Ms. Amy Shies, a City of Aventura staff member, has requested that a traffic study be submitted before the City's administrators will render a recommendation on the subject petition for partial closure of streets. Enclosed is the copy of last updated Donn Acres Traffic Study prepared by our fu-m regarding the combined Trafalgar residential and Aventura Commons retail sites. The appendix materials in our study contains traffic volume information collected in mid-March. This month is typically within the peak season and usually representative of peak season conditions. During that time of year, NE 207th Street, between NE 30th and NE 34th Avenues, carried a two-way dally volume of approximately 23,400 vehicles, and the morning and afternoon peak directional flows are 1,050 vehicles per hour or less in each direction. These volumes on NE 207th Street, east of NE 30th Avenue, are well within the capadty of this four:Iane divided street. Please note that the enclosed traffic study assumes 1,977 residential units would be constructed. This is considerably more dwelling units than are now proposed by Trafalgar to be constructed. Further, the study assumed that 1,080 of these umts would have access to NE 207th Street. This is considerably more than the number of new dwelling units now proposed to access this street from the Trafalgar development. Even with the assumed greater number of residential units than are now proposed to be developed, the enclosed traffic study clearly illustrates that peak period and daily traffic on NE 207th Street will reduced from current levels, not increased. This net reduction in peak period and daily traffic on NE 207th Street between NE 30th to NE 34th Avenues is due to the planned addition of NE 213th Street to the area's street network. NE 213th Street is planned to be a multi-lane major roadway with continuity linking Biscayne Boulevard on the west with Yacht Club Drive east of NE 34th Avenue. The number of dwelling units now served only by Yacht Club Drive and NE 34th Avenue to NE 207th Avenue far exceeds the number of units to be constructed within the Trafalgar development which will access NE 207th Street. Planning · Design and Engineering · Accident Reconstruction Ben Fernandez, Esq. February24, 1997 Page 2 Many residents in this area of the City now have only NE 207th Street as their one reasonable access to Biscayne Boulevard. Concurrent with construction of the Trafalgar development and Aventura Commons, the multi-lane NE 213th Street will provide two means of major east-west access between Biscayne Boulevard and areas to the east. Given that the areas of the City east of the Trafalgar development are essentially fully built out, the net effect will be a reduction in NE 207th Street traffic volumes when two rather than one means of major east-west access to Biscayne Boulevard is provided. NE 30th Avenue will not have continuity north to Biscayne Boulevard. It will be terminated as a secondary access to the Aventura Commons retail complex. The observed current use is relatively low and only modest increase is expected when the secondary connection to Aventura Commons is made. There are no planned capacity improvements to either NE 207th Street or to NE 30th Avenue as part of the long or short-range adopted transportation plans for the area. The petition to close a portion of these streets will not reduce the existing carrying capacity of the roadways. Very truly yours, TRANSPORT ANALYSIS PROFESSIONALS, INC. David C. Rhinard, P.E. Principal DCR/jR/75o4 Enclosure MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, FEBRUARY 18, 1997 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21'110 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: Howard Ralby led the pledge of allegiance. 3. APPROVAL OF MINUTES: Councilmember Perlow requested the following amendments to the minutes of the February 4, 1997 Council Meeting: The date of February 18, 1996 in item 8 be changed to February 18, 1997; item 9.C. to reflect unanimous passage of the motion to prepare a resolution. He further requested that the minutes of the February 12, 1997 Workshop Meeting be amended to reflect a call to order of 10 a.m. A motion to approve the minutes of the January 27, 1997 Council Workshop meeting, the February 4, 1997 Council Meeting and the February 12, 1997 Workshop Meeting, as amended, was offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Mayor Snyder requested removal of item 6.A. from the Consent Agenda. Councilmember Cohen requested removal of item 6.C. from the Consent Agenda. Councilmember Rogers- Libert requested removal of item 6.E. from the Consent Agenda. 5. SPECIAL PRESENTATIONS: Representative Elaine Bloom presented to Council Florida House Resolution No. 9169 in honor of the incorporation of the City of Aventura. 6. CONSENT AGENDA: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S DENTAL INSURANCE PROGRAM TO MANAGED CARE OF NORTH AMERICA/SECURITY LIFE; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion seconded adopted. to approve the resolution was offered by Councilmember Rogers-Libert, by Vice Mayor Berger, unanimously passed and Resolution No. 97-12 was D. Mr, Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-12 BY AMENDING THE TERM THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed by roll call vote. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF ARQUlTECTONICA INTERNATIONAL, INC. TO PERFORM PROFESSIONAL ARCHITECTURAL SERVICES RELATIVE TO RFQ NO. 97-'1-21-2, GOVERNMENT CENTER AND POLICE FACILITY NEEDS ASSESSMENT STUDY; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed and Resolution No. 97-13 was adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, OBJECTING TO THE USE OF THE NAME AVENTURA BEACH BY THE SUNNY ISLES CHARTER COMMISSION IN THE NAME SELECTION PROCESS FOR THE SUNNY ISLES AREA; URGING THE CHARTER COMMISSION NOT TO USE THE NAME AVENTURA BEACH; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Rogers-Libert and seconded by Councilmember Perlow. An amendment to the resolution to eliminate the word "vehemently" or "strongly" in the fifth Whereas clause and omit the word "strongly" in Section 2 was offered by Councilmember Cohen and seconded by Councilmember Holzberg. A motion to substitute the words "unalterably" in the fifth Whereas clause and in Section 2 was offered by Vice Mayor Berger, seconded by Councilmember Rogers-Libert and passed 4-3, with Councilmembers Cohen, Holzberg and Mayor Snyder voting no. The motion to approve the Resolution, as amended, passed 4-3, with Councilmembers Cohen, Holzberg and Mayor Snyder voting no. Thus, Resolution No. 97-14 was adopted. E= AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING FILMING REGULATIONS FOR THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE After extensive discussion, a motion to approve the ordinance on first reading was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. The City Manager was directed to place this ordinance on the next Council Workshop agenda for further discussion prior to second reading. ?. PUBLIC HEARINGS: ORDINANCES - SECOND READING: Mr. Weiss reading the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Mike Radell, Esq. 201 S. Biscayne Boulevard; Alan Krischer, Esq., 1221 Brickell Avenue; and Bob Saccenti, NE 188th Street. There being no further speakers, the public hearing was closed. A motion to amend the ordinance to include in Section 3-E "except for the testing of emergency generators as required by law during the hours of 8 a.m. to 5 p.m. weekdays" was offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. A motion to amend the ordinance to include in Section 3-F "Nothing herein shall prohibit the use of nail guns used in construction" was offered by Councilmember Rogers- Libert, seconded by Councilmember Perlow and passed 5-2, with Councilmember Beskin and Vice Mayor Berger voting no. A motion to further amend the ordinance to provide a definition for Weekend as Friday night at 6 p.m. to Sunday until 12 midnight was offered by Councilmember Perlow, seconded by Councilmember Cohen and unanimously passed. A motion to approve the ordinance, as amended, was offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow, unanimously passed by roll call vote and Ordinance No. 97-06 was enacted. 8. RESOLUTIONS: None 9. OTHER BUSINESS: Request by Solin and Associates, Inc. to Appeal City Administration's Decision to Disallow Request for Proposal Councilmembers Rogers-Libert and Beskin disclosed confiicts of interest, filed the appropriate Disclosure of Interest Forms with the City Clerk and absented themselves from the meeting for this discussion. Mr. Soroka explained that the proposal submitted by Solin and Associates in response to Request for Proposal #97-1-31-2 was disallowed due to its arrival after the time deadline specified in the RFP. Les Solin, President of Solin and Associates, appeared before Council. After discussion, no action was taken by Council in response to the request. 10. REPORTS: Mayor Snyder directed the City Manager to place on the next Council agenda a motion for reconsideration of a resolution urging the State Legislature to enact legislation prohibiting the use of cellular telephones while operating a moving motor vehicle. A motion to add to the agenda on an emergency basis discussion relative to item 6.C. was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. Mayor Snyder then relinquished the Chair to Councilmember Perlow. A motion to reconsider item 6.C. was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. After discussion, a motion to adopt the resolution with the amendment that the words "unalterably" and "strongly" be deleted was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed by roll call vote. Councilmember Perlow then returned the Chair to Mayor Snyder. 11. PUBLIC COMMENTS: The following individuals addressed Council: Geller, Commodore Plaza; and Bernard Schoenfeld, Coronado II. Leona~ There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:15 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on Anyor~ wishing to appeal any decision mede by the Cby Couric~l vath respect to any mat~er considered at a meebng or heanng w~ll need of the proceedings and, for such puq3ose, may need to ensure that a verbatim reco~d of the proceedings is mede, which record includes the testimony and evidence upr~ which the appeal is to he based. MINUTES COUNCIL WORKSHOP MEETING FEBRUARY 26, 1997 9:00 A.M. AVENTURA GOVERNMENT CENTER 2999 NE 191sT STREET SUITE 500 AVENTURA, FLORIDA The meeting was called to order by Mayor Arthur I. Snyder at 9:00 a.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. $oroka, City Clerk Teresa M. Smith, and City Attorney David Wolpin. The following items were discussed: 1. Construction Noise Ordinance. In an effort to address certain concerns from the development community regarding construction noise and excessive noise regulations, Council discussed possible amendments to the recently enacted Construction Noise Ordinance. The following individuals addressed Council: Alan Krischer, Esq. 1221 Brickell Avenue; Jeffrey Bercow, Esq., 200 S. Biscayne Boulevard; Al Guttentag, Williams Island; Jason Robertson, Turnberry and Associates; Bud Hall, Coscan; Emil Hubschman, Aventura Chamber of Commerce; Jan Costa, 3161 NE 188th Street; and Robert Sacccenti, NE 188th Street. After discussion by Council, the City Manager and City Attorney were directed to incorporate the amendments to Sections 3 and 4 of Ordinance 97-06 as discussed and to place the matter on the Council agenda for March 4, 1997. City Park Legal Opinion. (Taken out of order). Mr. Irv Schwartz, Turnberry Townhomes, expressed to Council his concerns, as well as those of certain other residents, to the proposed use of Aventura Founders Park. He urged Council to provide for a passive only use of the park. The following other individuals addressed Council on the issue of the use of the park: Harry Crook, Commodore Plaza; Marian Nesbitt, 20185 E. Country Club Drive; and Leonard Brenner, 19355 NE 36t' Court. It was the consensus of Council to discuss this matter at a regular Council meeting for further public input. In addition, Council requested that the City Manager provide the following information for future discussions regarding the park: demographics on the City, report from the traffic engineer and research on restrictive covenants of the property. (Mayor Snyder left the meeting at this time.) 2. Filming Ordinance. Pursuant to discussion of this Ordinance on first reading, the City Manager provided Council with recommended revisions, including deletion of Section 3D regarding limitation on location, and a provision exempting commercial film crews of four individuals or less not operating on public property. It was the consensus of Council to proceed with the recommendations. 3. Sign Ordinance. Council was provided with a draft copy of the proposed Sign Ordinance and the City Manager reviewed the major points thereof. Jaye Epstein, Community Development Director, and George Berlin, Turnberry and Associates spoke relative to this Ordinance. Council suggested that the City Manager and staff meet with local business owners to educate them on the proposed regulations. 5. Police Operations Update. Mr. Soroka and Police Chief Ribel provided Council with a status of the police department's activities to date, officer profiles, the time schedule for the start-up of road patrol and future operations. Other Business. Mr. Soroka informed the Council of the County's action at its recent Commission meeting regarding franchise fees and extensive discussion ensued. Council requested the City Manager keep them advised. There being no further discussion, the meeting adjourned at 12:20 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council /~ Eric M Soroka, City//l~l~ na~r February 27, 1997 '~ ~_ Law Enforcement Mutbsl~ Aid Agreements between the City, Metropolitan Dade County and the Municipalities of North Miami Beach and Indian Creek Village. March 4, 1997 City Council Agenda Item Recommendation It is recommended that the City Council adopt the attached Resolutions authorizing execution of Law Enforcement Mutual Aid Agreements with Dade County, North Miami Beach and Indian Creek Village. Dade County has public safety-related Mutual Aid Agreements with other cities in the County. Background In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. City Council Page 2 02/27/97 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreements are beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/tms CC0244-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between Metropolitan Dade County and the City of Aventura for law enfomement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by , moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Resolution No. Page 2 Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms Metro-Dade Police Department Director's Office 9105 N.W. 25th Streel Miami. Florida 33172 An Internationally Accredited Police Service February 7, 1997 Chief Tom Ribel City of Aventura Police Departmem 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 RECEIVED Dear Chief Ribel: Thank you for your recem correspondence expressing the City of Aventura's desire to enter into a mutual aid agreement with Metropolitan Dade County. Metropolitan Dade County has public safety'related mutual aid agreements with all other municipal governments in Metropolitan Dade County. The Metro-Dade Police Department uses a basic mutual aid agreement that is identical for all participating municipalities along With a standard joint declaration that can be amended or supplemented as needed or required by the agency heads. The enclosed documents are provided for review and approval by your appropriate authorities to establish mutual support as described in Chapter 23. Florida Statutes, Florida Mutual Aid Act. The mutual aid agreement and the procedures outlined in the joint declaration also comply With the requirements of the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). If the enclosed mutual aid agreement and joint declaration meet the requirements of your municipality, please effect the execution, as appropriate, of all five (5) copies of both of the documents and return all signed copies to: Commander Jane Feuer Metro-Dade Police Department Budget and Planning Bureau 9105 N.W. 25 Street, Suite 3055 Miami, Florida 33172 Chief Tom Ribel February 7, 1997 Page 2 Upon execution by the appropriate Met/opolitan Dade County authorizing officials, the agreements will become effective a~s described in Paragraph 9, Effective Date and Duration, Of the basic agreement and shall be considered by Metro-Dade Police Department to be in effect. After such execution, the clerk's office of your municipality will receive two (2) Original sets of these documents (a set consists of the mutual aid agreement and the accompanying joint declaration). Please contact Mr. Stephen A. Shields, telephone 471-2529, if you have any questions regarding this matter. Please be assured of our continued cooperation in matters of mutual professional concern. Sincerely, Director Enclosures (2) 1. Mutual Aid Agreement (5 copies) 2. Joint Declaration (5 copies) MUTUAL AID AGREEMENT Between Metropolitan Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Metropolitan Dade County, Florida, and the participating Dade County municipalities to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Metro-Dade Police Department or the participating municipal police departments; and Whereas, in order to ensure that preparation of these law enfomement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the County of Dade and the participating Dade County municipalities; and Whereas, Metropolitan Dade County and the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that Dade County, a political subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short Title: Mutual Aid Agreement. 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3.Definitions: a. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b. Agency or Participating Law Enforcement Agency: Either the Metro-Dade Police Department or the participating municipal police department. Agency head: Either the Director of the Metro-Dade Police Department, or the Director's designees; and the Chief of Police of the participating municipal police deparm~ent, or the Chief's designees. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that municipality. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. Operations: In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to providing agency. Powers, Privileges, Immunities, and Costs: the All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid.. Such compensation shall also include all benefits normally due such employees. All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2000. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED TO AND ACKNOWLEDGED this day of ,1997. Eric M. Soroka, City Manager City of Aventura, Florida County Manager DadeCounty, Florida ATTEST: ATTEST: Teresa M. Smith, City Clerk City of Aventura, Florida County Clerk Dade County, Florida APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY: APPROVED AS TO FORM AND SUFFICIENCY: City Attomey Cotmty Attorney City of Aventura, Florida Dade County, Florida JOiNT DECLARATION OF THE DIRECTOR OF THE METRO-DADE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT. A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by The City of Aventura and Dade County, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multijurisdictional criminal investigatiorts. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation o f evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The following procedures will apply in mutual aid operations: Mutual aid requested or rendered will be approved by the Director/Chief of Police or designee. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. Communications instructions will be included in each request for mutual aid and the Metro-Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. ~~ DATE:__ Tom Ribel, Chief City of Aventura Police Department DATE: Fred Taylor, Director Metro-Dade Police Department ATTEST: ATTEST: City Clerk County Clerk City of Aventura, Florida Dade County, Florida RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR I_AW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section,l.. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of North Miami Beach and the City of Aventura for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section I above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by ' moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Counciimember Ken Cohen Councilmember Harry Holzberg Resolution No. Page 2 Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms William B. Berger Chief of Police 16901 N.E. 19th Avenue North Miami Beach, Florida 33162-3153 (305) 949-5500 Fax (305) 948-2969 January 2, 1997 Thomas E. Ribel Chief of Police City of Aventura 2999 N.E. 191st Street Aventura, FL~.~ Re: Mutual Aid Agreement and Joint Declaration RECEIVED JAN PI~JCE OEPARTMEIiiT In as much as our agencies have worked together in the past, and that we look forward to this continued relationship in the future, we have prepared a Mutual Aid Agreement and Joint Declaration between our cities and agencies. These documents will remain in effect for five years unless modified or rescinded. We are enclosing three copies for execution by you, your City Manager, and City Clerk. Please return them to us at your earliest convenience. Once we receive and execute them, we will return a signed and sealed copy to you, and will send a copies to FDLE and the Dade County State Attorney's office for their files. If you have any questions about these documents, please contact Asst. Chief Andrew Scott at 948-2995. Best wishes to you for a prosperous and healthy New Year. Sincerely, William B. Berger Chief of Police enc:(1) WBB/APG/ag VICE PRESIDENT MUTUAL AID AGREEMENT This agreement made this day of , 1996, between the CITY OF NORTH MIAMI BEACH and AVENTURA POLICE DEPARTMENTS. WITNESSETH WHEREAS, in recognition of the existing and continuing possibility of law enforcement intensive situations and emergencies within the cities of North Miami Beach, Florida, and Aventura, Florida, and in order to insure that the preparation of law enforcement resources will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people of the cities of North Miami Beach and Aventura; and WHEREAS, the police chief of each municipality is the Chief Law Enforcement Officer of and responsible for law enforcement services within such municipality; and WHEREAS, the cities of North Miami Beach, Florida, and Aventura, Florida, have authority under Part ! of Chapter 23, Florida State Statutes (1989), Florida Mutual Aid Act, to enter into a requested MUTUAL AID AGREEMENT; NOW THEREFORE, BE IT KNOWN that the cities of North Miami Beach and Aventura hereby approve and enter into this agreement whereby the police department of each municipality may request and render law enforcement assistance to the other in emergencies under Section 252.34(2), Florida statutes, and law enforcement intensive situations including, but not limited to, the following: 1. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 2. Any natural disaster. 3. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 4. Terrorist activities including, but not limited to, acts of sabotage. 5. Escapes from, or disturbances within, detention facilities. 6. Hostage and barricaded subject situations. 7. Sporting events, concerts and parades. 8. Security and escort duties for dignitaries. 9. Incidents requiring utilization of specialized units; e.g., underwater recovery, aimmft, canine, motorcycle, bomb and crime scenes. I0. Emergency or intensive situations in which one agency needs additional assistance to perform its functional objective. NOW, THEREFORE, the parties agree as follows: SECTION I: In the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency or agencies from whom such assistance is required. The police chief of the municipality whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner he deems appropriate. SECTION II: Each party agrees to furnish necessary equipment, resources and facilities and to render services to any other party to the agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. SECTION III: The party which furnishes any equipment pursuant to this agreement shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The party furnishing aid pursuant to this part shall compensate its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing body having budgetary jurisdiction to reimburse the assisting agency for any actual costs of expenses incurred by the assisting agency performing hereunder. SECTION IV: Each municipality will bear the liability arising from acts undertaken by its personnel pursuant to this agreement. All ofthe privileges and immunity from liability, exemptions from laws, ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective function within the territorial limits of their respective public agencies shall apply to them to same degree, manner, and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Mutual Aid Agreement. This section shall apply with equal effect ~(o paid, volunteer, and auxiliary employees. SECTION V: The resources or facilities that are assigned shall be under the immediate command of a supervising officer designated by the assisting party. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance. SECTION VI: In accordance with Section 23.127(1), Florida Statutes, whenever the employees of the responding agency of agencies are rendering aid outside their jurisdiction pursuant to this agreement, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the municipality in which they are normally employed or appointed. SECTION VII: It is recognized that during the course of operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VIII: Any parXT may withdraw from this agreement upon written notice to all other parties. SECTION IX: This agreement shall remain in effect for a period not to exceed five years. Under no circumstances may this agreement be renewed, amended, or extended except in writing. City Manager, North Miami Beach, FL City Manager, Aventura, FL Date Executed: Date Executed: ATTEST: ATTEST: City Clerk, North Miami Beach, FL APPROVED AS TO FORM AND CORRECTNESS ONLY/ TERMS AN CONDITIONS PROVIDED BY OTHERS City Clerk, Aventura, FL APPROVED AS TO FORM AND CORRECTNESS City Attorney, City Attorney, North Miami Beach, FL Aventura, FL JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: · participating in law enforcement activities that are preplanned and approved by each respective agency head, or · appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid agreement heretofore entered into by the City of North Miami Beach and the City of Aventura hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multijurisditional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large scale evacuations, aircraft and shipping disasters, liras, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbance within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, Perimeter control, back-ups to emergency and in progress calls, pursuits, and missing persons calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries, 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircmfq canine, motorcycle, bomb, crime scene, marinepatrol, amd police information. 15. Joint training in areas of mutual aid. 16. OffDuty Services: City of Aventura Police Dept will be totally responsible for their officers, to include, but not limited to, arrest, pension, insurance, disability insurance, and workman's compensation. 17. The following procedures will apply in mutual aid operations: · Mutual aid requested or rendered will be approved by the Chief of Police or designee. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on-duty supervisor on the scene. Communications instructions will be included in each request for mutual aid and the Metro-Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. In the absence of such instructions, communications will be conducted on a mutually agreed upon police radio frequency, if not through Metro-Dade Communications Bureau. · Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. William B. Berger, Chief of Ponce City of North Miami Beach ~ Thomas E. Ribel, Chief of Police City of Aventura Date: Date: ATTEST: City Clerk City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between Indian Creek Village and the City of Aventura for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by , moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Resolution No, Page 2 Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 4~h day of March, 1997. ARTHUR I. SNYDER, MAYOR A'FI'EST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms PuB . c SAFETY DEPARTMENT INDIAN CREEK VH LAGE, I OR1DA. "Protecting & 8erring America'~ Mo~t ~r~l~ive Municipodity Janua~ 30,1997 RECEIVED JAN 3 I 1997 POUCE DEPARTMENf LEONARD A. MATARESE. Chief Chief Thomas Ribel Aventura Police Department 2999 NE 191'~. Street Aventura, Flodda 33180 Dear Tom: Enclosed you will find two copies of the proposed mutual aid agreement we discussed. As .l told you, once the agreement is in place, we wou!d .be happy to provide you with marine patrol assistance pending the establishment of your own unit. We now have three new vessels and a personal watercraft so I am certain that we could help you "show the colors" at whatever times or places you might want to do so. Out boats are only marked "POLICE", Without any municipal designation since we do patrol work for our neighbors. Thus, you could establish a marine presence for your agency immediatelyl Also, as you develop the department the issue of off duty work will arise. We are currently performing off-duty details for several cities, including North Miami Beach and Miami Beach. As you know, our officers have little opportunity to work off duty details on the island and like most cops are always looking for extra work. If the situation arise where you need additional off duty personnel, I hope that you will keep us in mind. Please execute the enclosed, and return to me. I'll do the same and send you back a complete set. Best Re s, Leonard Matarese, 9080 BAY DRIVE, INDIAN CREEK, FLORIDA 33154-3212 Administration: 305.865.4121 Desk Officer: 305.866.2446 Fax 305.865.2502 MUTUAL AID AGREEMENT Between the Village of Indian Creek Public Safety Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the Village of Indian Creek, Florida and the City of Aventura, Florida to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement. NOW, THEREFORE, BE IT KNOWN, that the Village of Indian Creek, subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement Description: Since the Mutual Aid Agreement provides for the requesting rendering of assistance for both reurine and law enforcement intensive situation this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Flodda Statutes. Definitions: Joint declaration: A document which enumerates the various conditions of situations where aid may be requested or rendered pursuant to this agreement, as determined by concerned agency heads, Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declaration with the clerks of the respective political subdivisions. Agency or participating law enforcement agency: Either the Village of Indian Creek Public Safety Department or the participating municipal police department. Agency Head: Either the Chief of the Indian Creek Public Safety Department, or the Chief's designees, and the Chief of Police of the participating municipal police department, or the Chief's designees. Participating municipal police department: The police department of any municipality in Dade County, Florida that has approved and executed this Agreement upon the approval of the governing body of the municipality. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. Operations: In the event that a party to this agreement is in need of assistance as specified in the applicable joint deciaretion, an authorized representative of the police department requiring assistance shall notify the agency from who such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and has available resources, and will respond in a manner deemed appropriate. Each pa~y to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. The agency heads of the participating law enforcement agencies, or the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. Powers, Privileges, Immunities, and Costs: All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Flodda Statutes, have the same powers, duties, dghts, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the previsions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of it's employees rendering aid pursuant to this Agreement, during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid for due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. All exemption from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and it's political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid ACt will be controlled by the previsions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23 Florida Statutes. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1st, 2001, under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the Chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this day of 1997 Village Manager, Village of Indian Creek, Florida ATTEST: City Manager, City of Aventura, Florida ATTEST: Village Clerk, Village of Indian Creek, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Clerk, City of Aventura, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY village Attorney, 'Village of Indian Creek, Florida City Attorney, City of Aventura ,Florida JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE VILLAGE OF INDIAN CREEK PUBLIC SAFETY DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: participating in law enforcement activities that aro pro-planned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Aventura, Florida and the Village of Indian Creek, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 6. 7. 8. Joint multi-jurisdictional criminal investigations Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trails, political conventions, labor disputes and strikes. Any natural disaster Incidents which require rescue operations and crowd and traffic control measures, including, but not limiting to, large-scale evacuations, aircraft and shipping disasters, rites, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. Terrorist activities including, but not limited to, acts of sabotage. Escapes from or disturbance within detention facilities. Hostage and barricaded subject situations, and aimraff piracy. Control of major crime scenes, area searches, perimeter control, backups to emergency and in-progress calls, pursuits, and missing persons calls. Participating in exJgent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners. Traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating as officer is injured, 10. 11. 12. 13. 14. 15. 16. 17. cells indiceting a crime of incident has occurred is which a citizen may likely be injured and the assisting municipality is closer to the area that the officer receiving the cell. Enemy attack Transportation of evidence requiring security. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. Secudty and escort duties for dignitaries. Emergency situations in which one agency cennot perform its functional objective. Incidents requiring utilization of specialized units; e.g., underwater recovery, cenine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. Joint training in areas of mutual need. Mutual enforcement of all existing appliceble laws and ordinances and exercise of arrest posers within the area compromising the jurisdictional waters within respective municipal boundades. DATE: Chief of Indian Creek Village Public Safely Department Indian Creek Island, Florida Leonard A. Matarese DATE: Chief of City of Aventura Police Depaltment, Aventura, F'kxida Thomas Ribel ATTEST: ATTEST: Indian Creek V'dlage, Village Clerk City of Aventura, City Clerk CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council y~r Eric M. Soroka, Cit Harry~F~a c~)ort Services Director February 27, 1997 Resolution awarding contract for Banking Services Recommendation It is recommended that the City Council adopt the attached resolution which awards a contract for the City's Banking Services to Barnett Bank, N.A., South Florida. Background As you are aware, the City has been maintaining an interest bearing checking account with Northern Trust since April 1996. The account was placed with Northern Trust on an interim basis until City staff could draft an RFP to solicit proposals and evaluate the proposals received. After considerable shifting of priorities, we finalized a comprehensive Request for Proposal (RFP) for General Banking Services in December 1996 and advertised its availability in the January 3ra and 8th editions of the Miami Herald. We mailed the RFP to all banks and savings and loans located in the City as well as other institutions/individuals who had requested to be on our proposal list. A total of 22 RFP's were mailed on January 3ra to those institutions/individuals shown on attachment In order to ensure that the local banking community would be able to effectively respond to the RFP, we held a pre-proposal conference on January 22®. A total of 13 individuals representing seven financial institutions attended that conference to discuss the RFP, proposal requirements, or other information about the City's desired banking services. I was very pleased with the attendance because all of the major banks who generally compete for municipal accounts were represented. After that meeting we issued a written Addendum to clarify some minor points on the proposal forms. At 2:00 pm on February 5th, sealed proposals were opened. All of the 7 banks who had attended the pre-proposal conference submitted proposals. When we prepared the RFP, our goal was to obtain sufficient information from all proposers so that we could evaluate the proposals from both a quantitative and qualitative perspective. We believe that we were able to meet this goal. From the quan. titative perspective, each bank proposed charges for banking services and an interest earnings rate on various overnight investment programs. From the qualitative perspective, we obtained sufficient information to evaluate each bank's location(s), financial strength, quality of personnel, experience with local governments and ability to perform all desired services. The proposals were evaluated by the Finance Support Services Director and Purchasing Technician (Glenn Marcos). A tabulation comparing the proposals for cost of services and proposed overnight investment program earnings rate is attached as attachment "B". In this analysis, we reviewed each proposal in detail to determine that we had true comparability of costs and earnings rates and made corrections as necessary. These documents contain a lot of detail; therefore, the most important information ( total cost of banking services and proposed earning rates) are highlighted. In order to combine the cost of services and earnings rates for each proposer, attachment "C" was prepared. This document reflects that: · The proposed earnings rates per the proposals for the estimated value of the City accounts (somewhere between $500,000 and $1,000,000) ranged from the Federal Funds rate minus 15 basis points by Barnett Bank to the Federal Funds rate less 100 basis points by United National. · The price of banking services based on the City's estimated volume of transactions ranged from $5,111.50 for Barnett to $13,195.17 by United National. Assuming that the Federal Funds rates average 5.25% as they have for the past 12 months, we would earn between 5.10% from Barnett to 4.25% from United. The interest earnings rate was multiplied by $500,000 and $1,000,000 and the total projected earnings determined. · These earnings were compared to the projected cost of banking services for each financial institution. This computation yields the Net Yearly Earnings for the accounts based on each bank's proposals. These columns are highlighted. Based on the analysis discussed above, the banks were ranked quantitatively as follows: 1. Barnett Bank 2. First Union 3. Sun Trust 4. City National 5. Northern Trust 6. Nations Bank 7. United National Based on our qualitative analysis, we believe that all of the seven (7) banks are well qualified to provide the City's banking services. Further, we believed that Barnett Bank and First Union, the two top ranked firms quantitatively, were at least as well qualified as any of the other banks. Also, the third ranked bank (Sun Trust) does not have an office located within Aventura's corporate limits. Since the RFP had specifically stated that banks with offices in the City would be given preference, we scheduled interviews with only Barnett and First Union. Based on the interviews and proposals, we ranked Barnett Bank number one on the qualitative elements. We, therefore, believe that Barnett bank should be awarded the contract for banking services. The contract will be for a period of two years with an option to renew for two additional one year terms. There are provisions for early termination due to non-performance by the bank; otherwise, it may be canceled only with 180 days written notice by either party. The earnings rate and cost per item will be as stated in Barnetts' proposal for the first 2 years and will be negotiated for any extension years. On an overall basis, I am very pleased with the proposals received for banking services. The earnings rate is higher than I expected and cost of banking services are better than I expected. This apparently was due to the competitive environment of the local banking community and their desire to establish a relationship with the City. Again, I recommend that the City Council approve the resolution authorizing the establishment of a banking services relationship with Barnett Bank, N.A., South Florida. A copy of the RFP and all proposals are available for inspection in the Finance Support Services Department. If you have any questions, please feel free to contact me. Attachment A List of Financial Institutions to Receive RFP #96-2-5-2 General Banking Service Ms. Donna O. Treshaw Chase Federal 2984 Aventura Blvd. Aventura, Florida 33180 Mr. Frank E. Irizary, Jr. United National Bank 18201 N. Biscayne Blvd. Aventura, Florida 33160-2599 Ms. Linda Parsons Bank Atlantic 18999 Biscayne Blvd. Aventura, Florida 33180 Mr. Mike Ansonia Barnett Bank - Aventura 19645 Biscayne Blvd. Aventura, Florida 33180-2315 Ms. Sate Klayman Fried City National Bank 2875 N.E. 191st Street Aventura, Flodda 33180 Ms. Nilda Tsoukalas County National Bank 20801 Biscayne Blvd. Aventura, Florida 33180 Mr. Saul Simons Universal National Bank 17701 Biscayne Blvd. Aventura, Florida 33180 Ms. Margie Blasberg Great Western Bank 19495 Biscayne Blvd. Aventura, Florida 33180 Ms. Tania Silvarrey Jefferson Bank 3560-B Mystic Pointe Drive Aventura, Florida 33180 Ms. Jeanne Machac NationsBank 20495 Biscayne Blvd, Aventura, Florida 33180 Mr. Raymond Leightman Northern Trust Bank 3001 Aventura Blvd. Aventura, Florida 33180 Ms. Harriet Robkin Republic National Bank 2954 Aventura Blvd. Aventura, Florida 33180 Ms. Cheri Smith Savings of America 3050 Aventura Btvd. Aventura, Florida 33180 Mr. Carlos Eschave First Union National Bank 200 S. Biscayne Blvd. Miami, Florida 33131 Mr. Kevin King Skylake State Bank 1550 N.E. Miami Gardens Drive N. Miami Beach, Florida 33179 Ms. Rose Readigos Citibank 8750 Doral Blvd. Miami, Florida 33178-2402 Ms. Terry Goodson First Union National Bank Government Banking 77 East Camino Real Boca Raton, Florida 33432 Mr. Guy Lazzeri Turnberry Savings & Loan 19575 Biscayne Blvd. Aventura, Florida 33180 Ms. Phyllis Heald Oceanmark Bank 3845-49 N.E. 163rd Street N. Miami, Florida 33160 Mr. Tony Nobos SunTrust Bank 9600 Collins Avenue Miami Beach, Florida 33154 Mr. Roberto Pelaez Barnett Bank 7101 Brickell Avenue Miami, Florida 33131 Mr. Tom TiRiele SunBank/Miami, N.A. Corporate Banking Division 777 Bdckell Avenue Miami, Florida 33131 Attachment B - Pg (1) of (2) ~,~hi/~ ~ :::::::::::::::::::::::::::: ~;~d ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~q~:b~:?~o~:~:~:::::: ,'~t:*o ~{~ ~*e~:~i~U~sO:~: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::: ::: ::::: :::::::::.::. I I ~mou~ Amen: Amount Amount Amount I {Am~nt ~ou~ / I I I CITY Of AVENTURA SUMMARY COMPARISON OF PROPOSALS FOR BANKING SERVICES PROPOSALS RECEIVED FEBRUARY 5, 1997 PURSUANT TO RFP # 97-2-~2 EARNINGS RATE PROPOSED RATE PROPOSED ASSUMING FED FUNDS RATE IS 5.25% INTEREST EARNINGS PER YEAR BANK BARNE~FBANK FIRST UNION SUNTRUST ON ON $500,000 $1,000,000 BALANCE BALANCE FED FUNDS-15BP FED FUNDS-15BP FED FUNDS-20BP FED FUNDS-20BP FED FUNDS-75BP FED FUNDS-50BP CITY NATIONAL BANK FED FUNDS-65BP FED FUNDS--65BP NORTHERN TRUST NATIONS BANK UNITED NATIONAL FED FUNDS-50BP FED FUNDS-50BP FED FUNDS-67BP FED FUNDS-42BP FED FNDS-100BP FED FNDS-100BP iNETi~EARLYiEAF~NINGS:!: TOTAL COST OF ON ON ON ON SERVICES $500,000 $1,000,000 $500,000 $1,000,000 PER BALANCE BALANCE BALANCE BALANCE PROPOSAL 5.10% 5.10% $ 25,500.00 $ 51,000.00 $ 5,111.50 5.05% 5.05% 25,250.00 50,500.00 5,636.0(; 4.50% 4.75% 22,500.00 47,500.00 6,415.20 4.60% 4.50% 23,000.00 46,000.00 9,175.20 4.75% 4.75% 23,750.00 47,500.00 10,580.18 4.58% 4.83% 22,900.00 48,300.00 12,239.74 4.25% 4.25% 21,250.00 42,500.00 13,195.17 i: :~Oi000i:i:i :::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S GENERAL BANKING SERVICES TO BARNETT BANK, N.A., SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to relationship with a local bank; and WHEREAS, the City has properly solicited Proposals for General Banking Services; and establish a general banking services and received Requests for received and WHEREAS, City staff has reviewed the proposals recommends award to Barnett Bank, N.A., South Florida; and WHEREAS, the City Council, upon the recommendation of City staff, desires to award the contract to said bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The contract for general banking services be awarded to Barnett Bank, N.A., South Florida, in accordance with the Proposal submitted by said bank. Section 2: The City Manager of the City of Aventura, Florida, be and the same is hereby authorized to execute, on behalf of the City, contracts by and between the parties embodying the terms and conditions as set forth in the subject Request for Proposal No.# 97-2-5-2 Resolution No. Page 2 Section 3: The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 4: 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 Councilmernber Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED THIS 4th day of March, 1997 ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, Cit February 28, 199;~ Resolution of Patti( (NFIP) n the National Flood Insurance Program March 4, 1997 City Council Agenda Item Recommendation It is recommended that the City Council adopt the attached Resolution which will begin the process of the City's participation in the National Flood Insurance Program (NFIP). This will insure that the existing flood insurance policies within the City are maintained and protected. Background A community must adopt and enforce floodplain management regulations in exchange for the Federal Emergency Management Agency (FEMA) making flood insurance available. The purpose of these regulations is to minimize flood damage and reduce flooding impacts that can be generated by new development. The locally adopted regulations must include the federal minimum standards of NFIP. Currently, FEMA has not published a Flood Insurance Study or Flood Insurance Rate Map (FIRM) for the City of Aventura. The unincorporated Dade County FIRM portrays the special flood hazard areas in the City limits of Aventura. Therefore, now that the City has incorporated, it must apply for the NFIP and adopt an ordinance of its own in order for flood insurance to continue to be available to its property owners and residents. Flood insurance is mandatory for buildings within FEMA-identifled Special Flood Hazard Areas when covered by real estate mortgages that are federally backed or issued by lending institutions which are federally regulated. The attached Resolution will begin the process. An Ordinance establishing flood damage prevention guidelines is the next step in the process. City Council Page 2 02/28/97 If you have any questions, please feel free to contact me. EMS/tms attachment CC0246-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA INDICATING THE CITY'S INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO FILE THE NECESSARY APPLICATIONS AND TO TAKE THE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, certain areas of the City of Aventura are subject to pedodic flooding, or flood-related erosion, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of the City Council of the City of Aventura to require the recognition and evaluation of flood, or flood-related erosion hazards in all official actions relating to the land use in areas having these hazards; and WHEREAS, the City Council of the City of Aventura has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to state statute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood, or flood- related erosion hazards, adequate land use and control measures with effective Resolution No. Page 2 enforcement provisions consistent with the Criteria set forth in Part 60 of the National Flood Insurance Program Regulations (CFR 44). Section 2. The City Manager or his designee is vested with the responsibility, authority and means to: (a) Assist the Administrator, at his request, in his delineation of the limits of the area having special flood or flood-related erosion hazards; (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain, or flood-related erosion areas; (c) Cooperate with federal, state, and local agencies and private firms which undertake to study, survey, map and identify flood plain, or flood-related erosion areas, and cooperate with neighboring communities with respect to management of adjoining flood plain, and/or flood-related erosion areas in order to prevent aggravation of existing hazards; (d) Upon occurrence, notify the Administrator in writing whenever the boundaries of the City have been modified by annexation or the City has otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area. In order that all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the City's boundaries, include within such notification a copy of a map of the City suitable for reproduction, clearly delineating the new corporate limits or new Resolution No. Page 3 area for which the City has assumed or relinquished flood plain management regulatory authority. Section 3. The Community Development Department shall maintain for public inspection and furnish upon request for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate map any certificates of floodproofing, and information on the elevation (in relation to mean sea level) of the level of the lowest flood (including basement) of all new or substantially improved structures, and include whether or not such structures include a basement and if the structure has been floodproofed. Section 4. The City Council agrees to take such other official action as may be reasonably necessary to carry out the objections of the program. Section $. The City Manager is hereby authorized to file the necessary applications and take the necessary and expedient action to carry out the aims of this Resolution. Section 6. 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: Resolution No. Page 4 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 March, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Council ~ i/ Eric M. Soroka, Ci~/{ ~1 ag~ February 27, 1997L~ ') Ordinance Amending -Ordinance Prohibitions Against Excessive Noise 97-06 Which Establishes 1't Reading March 4, 1997 2nd Reading March 18, 1997 City Council Agenda Item City Council Agenda Item Recommendation It is recommended that the City Council adopt the attached Ordinance which establishes specific hours of construction-related activities and excessive noise regulations. In addition, the Ordinance includes the amendments discussed at the February 26, 1997 Council Workshop Meeting. If you have any questions, please feel free to contact me. EMS/tms attachment CC0245-97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. g7-06 WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1. Section 3. of Ordinance No. 97-06 is hereby amended to read as follows: 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; provided, howc;'er, that this shall not aDpv to any public performance., ,qathefin,q or parade for which a permit has been obtained from th~ City Mana,qer pursuant to Section 4 of this Ordinance. Underlined text has been added; stmek-thre,a~h-text has been deleted from existing language. Ordinance No. Page 2 E..Exhausts. The discharge into the open air of the exhaust of any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except for the testing of emergency generators as required by law during the hours of 8 a.m. to 5 p.m. weekdays. This para.qraph E. shall not require Motorboat en.qines manufactured without a muffler and not equipped with a muffler from makin.q such discharge of exhaust, nor shall it prohibit Motorboat en,qine testing activities in the absence of a muffler by marine manufacturin,cl or repair establishments between the hours of 7:00 a.m. and 6:00 p.m. on weekdays. Loading or Unloadin,q. 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, such that the sound is pPlainly a,~_udible at a distance of 100 feet from the building which it is located. Construction. The conductin,q of Construction on the exterior or outside of any structure or upon any open structure or the creation u[ a noise disturbance in connection with the conducting of constructio,, within the interior of an enclosed structure between the hours of 6:0u p.m. and 7:00 a.m. on weekdays and 5:00 p.m. and 8:00 a.m. o,, Saturdays and at any time on Sundays and Holidays, except for Emergency work. Notwithstanding the forecloin¢l, the creation of a loud or excessive noise in connection with the use and operation uf heavy equipment for earth movin.q and compacting, concrete demolition or pile driving is prohibited at any time on Saturdays and Sundays. The City Manaaer may grant a temporary permit fo, construction activities conducted at a time prohibited by this section Order to expedite the completion of construction activities, provided il. does not endanger the health, safety or welfare of the community. The City Mana.qer may revoke the temporary permit based complaints from surrounding property owners or the endangerment of the health, safety or welfare of the community. The City Manager may impose reasonable conditions on the permitted activities. In the eve~3t that bona fide complaints are received from residents who li~,. 2 Ordinance No. Page 3 adiacent to or near the construction site, the City Manager or his designee may attempt to resolve such complaints by coordinating and attending meetings between the owner, general contractor or project manager and the affected citizens or their representatives. 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 Mana.qer's Office prior to the commencement of such Emergency work. Section 2. Section 4. of Ordinance No. 97-06 is hereby amended to read as follows: B. Permit Contents, Time Restrictions. Permits issued under this Section shall specify the date and time during which the activity or event authorized by permit may be conducted. ~ e ..... CC .......~ce C: ............ ~ ............ C. Procedures for Administrative Permits. The City Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits· These rules and procedures shall serve to implement the intent and purpose of this Ordinance so that necessary and beneficial activities may occur while providing for protection of the public· Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance 3 Ordinance No. Page 4 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember moved its adoption on first reading. This motion was seconded by and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M Perlow Councilmember Patricia-Rogers Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: 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 4th day of March, 1997. 4 Ordinance No. Page 5 PASSED AND ADOPTED on second reading this 18th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 5 FEB--2?--ST 01:02 PM APACHE CUSTOM BOATS ~5 9~14~$? P.02 Memo Tm Eric Sodca, City Manager, Aventura From: Jan Costa, Vice President Oat~. February 27, 1997 k Proposed Noise Ordinance As one of the businesses who will be adversely affected by the p¢oposed noise ordinance, and as a result of being shunned at the 'wo~ shop" on the morning of Fel:mJary 26, 1997, I am compelled to address this issue with the following argument in suppod of st~king certain and necessary portions of the ordinance that relate Io the boating induStry. The flavor of the proposed ordinance as it reads now, if followed to the letter of the law, prohibits the starling of boat engines on 'dry land' at any time except Monday through Friday between the hours of 7:00 am and 6:00 pm, Passing this ordinance in its cun'ent content is unrealistic, counter productive and adversely effeCts, impedes and deprives boaters and boat bosinesses the ability to operate and sen/ice their vessels. In suppo~ of this I offer the following: · To date there have been no complaints with regard to powe~ooats or noise from powerboats from any resident in the community and this ordinance addresses a pmtflem which does not exist in the first place. · Residents of Aventura live in a waterfront community · A major podion of the residents of Aventura are pleasure boaters with powed~oats Boating is done 7 days a week, 385 days per year A major benefit o~ attraCtion to Aventura for someone either purchasing or renting a home is the water access and the ability to have access lo local marine me~hanis. Engines in powerboats are very expensive, costing from a few thousand doitars to upwards of $150,000.00 Io $200,000.00 Unlike cruiser or pleasure sport boats with bottom paint, powed3oats do not stay in the water after use. They are taken out of the water after use. Saltwater iS an extremely coffosive element and powefl;)oat engines require that the saltwater be flushed from them immediately. This is accomplished by connecting · Page 1 FEB--2T--gT 01:0~ PM APACHE CUSTOM ~OATS 305 9~14~07 P.O~ fresh water hoses to the engine system and running the engines for 8-10 minutes before the are stored on their trailer or rack. According to the ordinance, boaters will be denied thei¢ ability and prohibited from maintaining their boats on Saturday and Sunday and after 6;00 PM on weekdays. Being that beating is done 7 days per week, it is impertant to recognize that problems can and do adsa wilh boat engines at any given time. We often have customem that will go out in their beats on a Saturday or Sunday morning, develop a problem with the engine, and either bring the boat to our facility by trailer or by water. Often the problem is corrected with an hour or two and the beat is under way again, allowing our customer the ability to use their boat that same day. This, of course, entails stading the engines, finding the Ixoblem and then fixing them. This werk is done on land and not in the water. According to the ordinance, If a customer on a Saturday momlng at 10:00 am brings their boat to our fKility for service so they can go boating, we would nol & they would not be able to have the engines or systems checked so they could use their boat for the balance of the weekend, therefore being denied and prohibited from having their boats repaired on Saturday and Sunday end after 6:00 pm on weekdays, and our business (or any marina Or boat related business In Aventura) will be denied and prohibited from conducting business, Powerboat racing is a major event to South FIonda, bringing millions of dollars of revenue to the area in the form of beat sales, hotel accommodations, and restaurant and retail purchases. Factor~ race boats as well as race teams often utilize the powerboat facilities in Aventura lo house and test their beats. These are weekend events, often with the race being held on a Sunday, with some testing or engine problem solving being done on a Saturday. According to the ordinance, rsceboat owners or their crew will be denied and prohibited from having their boats tested or repaired in preparation for any of these events, and our business will be denied and prohibited from conducting business Or being able to service our own race boat. In light of these points, il is only common sense that to enacl and pass this ordinance would deny and prohibit the enorTnous amount of beaters in Aventura and the many marine related businesses in Aventura from a spod and activity that is as much a part of Florida as baseball is to Ame~ca. To pass this ordinance as it is relating to molofl3oats without a doubt would have adveme effects on the city itself. We don't want to deprive the residents of Aventura their 'peace & quiet' nor do we want to deprive the reskients of Aventura who also pay millions in Real Estate tax and who b~ng revenue to the city, their fight to their leisure activities either. · Page 2 CITY OF AVENTURA OFFICE OF THE MAYOR MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manage~ //] .~l// Arthur I. Snyder, Mayor ~ February 28, 1997 Resolution in Support of Certificate of Need and Implementation of Cardiac Services Program for Columbia Aventura Hospital and Medical Center At the Workshop Meeting on January 6, 1997, it was the consensus of Council to adopt a Resolution in support of Columbia Aventura Hospital and Medical Center's accreditation for and implementation of cardiac services. Therefore, please place this matter and the attached Resolution on the Council agenda for March 4, 1997. AIS/tms attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE COLUMBIA AVENTURA HOSPITAL AND MEDICAL CENTER'S CERTIFICATE OF NEED APPLICATION AND IMPLEMENTATION OF AN OPEN HEART SURGERY SERVICES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Columbia Aventura Hospital and Medical Center, located in the City of Aventura, has for many years continually provided high quality health services to the residents of our City and neighboring communities; and WHEREAS, the City's year-round population of approximately 20,000 residents increases to over 40,000 people seasonally during each year and the Hospital's total service araa population of over 500,000 is projected to increase by more than 3 percent annually through the year 2000; and WHEREAS, the Hospital, with 407 acute cara beds, provides community residents with a broad range of high quality medical services through approximately 800 medical staff physicians, 1,200 employees and 250 volunteers, which array of inpatient and outpatient services include emergency services, ambulatory and inpatient general and specialty surgery services, intensive care, diagnostic testing, laboratory services, obstetrics, pediatric services, oncology, psychiatric services, home health care services, and many others; and WHEREAS, the City has a large population of senior citizens to which the Hospital has demonstrated its commitment through its sophisticated cardiology services, including prevention programs, cardiopulmonary services, cardiac catheterization laboratory, coronary care unit, and cardiac rehabilitation programs; and Resolution No. Page 2 WHEREAS, the Hospital facilitated approximately 375 patient transfers during 1996 to hospitals with open heart surgery programs, and the nearest providers of open heart surgery services within Health Planning District 11 are fifteen to twenty miles away; and WHEREAS, the transfer of open heart surgery patients away from our community hospital often creates travel barriers to family visitation, increases patient anxiety, and adversely effects continuity of care due to the inability of physicians within our community to follow their patients; and, WHEREAS, our residents are in need of local open heart and cardiovascular surgery services, and Columbia Aventura Hospital and Medical Center is seeking certificate of need approval from the State of Florida Agency For Health Care Administration to initiate such services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. This City Council strongly supports and advocates approval of the certificate of need application and implementation of an open heart surgery services program at Aventura's sole community hospital, Columbia Aventura Hospital and Medical Center, Section 2. This City Council urges the State of Florida Agency for Health Care Administration to approve the certificate of need application filed by the Columbia Aventura Hospital and Medical Center to initiate these services. Resolution No..__ Page 3 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 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 March, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tins CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, City//MI February 14, 1997 Ordinance Extending :g r th'e~m Moratorium by Ninety Days of the Class "C" Sign (Billboards) Ist Reading February 18, 1997 City Council Meeting Agenda Item 2"d Reading March 4, 1997 City Council Meeting Agenda Item ~' RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which extends the term of the Moratorium on Billboard signs by 90 days. The proposed sign code for the City will be presented next week. It is anticipated that based on workshops and public hearings, the new code will be in place within 60 days. BACKGROUND The City Council adopted Ordinance 96-12 on August 20, 1996 which imposed a moratorium upon the issuance of permits for the installation, construction or modification of Class "C" commemial advertising signs. We are in the process of adopting a new sign code that would address Class "C" signs and should be finalized within 60 days. EMS/aca Attachments CC0231-97 ORDINANCENO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-12 BY AMENDING THE TERM THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECT~E DATE. WHEREAS, Ordinance No. 96-12 provides for a building moratorium on the issuance of development orders and development permits upon Class "C" Commercial Advertising Signs (including billboards) within the City limits of the City of Aventura; and WHEREAS, the City Council wishes to extend the term of the moratorium as provided in Ordinance No. 96-12. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1. Section 8 of Ordinance No. 96-12 is hereby amended to read as follows: Section 8. Term. The moratorium imposed by this Section is temporary and, unless dissolved earlier by the City Council, shall automatically dissolve !80 270 days after the effective date of this Ordinance or upon the adoption of the new Class "C" Sign regulations of the City, the formulation of which shall be expeditiously pursued, whichever occurs soon. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any ~ Underlined text has been added; str~text has been deleted from existing language. Ordinance No. Page 2 reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Berger, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes 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 yes who moved its Councilmember follows: The foregoing Ordinance was offered by Councilmember , adoption on second reading. This motion was seconded by , and upon being put to a vote, the vote was as 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 Ordinance No. Page 3 PASSED AND ADOPTED on first reading this 18th day of February, 1997. PASSED AND ADOPTED on second reading this 4th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M, Soroka, C(~ ,~er February 27, 1997~ ~,~ ~_ Proposed Filming Regbtafion Ordinance Ist Reading February 18, 1997 City Council Meeting Agenda Item 6-E.. 2nd Reading March 4, 1997 City Council Meeting Agenda Item ~ ~ RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which establishes regulations concerning commercial filming activities within the City. The following revisions, as discussed in the February 26, 1997 Workshop Meeting, are included in the attached document: 1. Delete Section 3, Permits D. Limitation on Location. No Filming shall be conducted from a given permitted location more than four times during a 12 month period. There shall be a minimum period of 30 calendar days of Filming inactivity following the expiration of a Permit for a particular location. 2. Add Section 7, Exemptions E. Commercial film crews of four (4) individuals or less not operating on public property. BACKGROUND It has come to my attention that, on occasion, commercial filming takes place within the City. Although it has not posed a problem, it would be in the City's best interests to adopt a permit process to ensure that the residents are not negatively impacted by these activities. From a promotional standpoint, the City should welcome the filming activities so long as they are regulated. The Ordinance establishes permitting requirements and filming limitations. The Ordinance applies to commercial filming activities and provides for exemptions including the media when filming on-going news events. If you have any questions, please feel free to contact me. EMS/aca Attaohment cc0242-97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING FILMING REGULATIONS FOR THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMff AND PERM~ FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITER~ FOR ISSUING PERMffS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECT~E DATE WHEREAS, the City Council has determined that unregulated filming throughout the City has had a negative impact on residents and properties located in proximity to filming locations; and WHEREAS, this Council has determined that the regulation of film production within the City promotes the general welfare of the residents and property owners in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CR'Y COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section t Definitions. For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. "Film" or "Filming" shall mean any and all still, live or motion picture productions whether made on or by film, electronic tape, or any other electronic device used to produce theatrical motion pictures, television entertainment motion pictures, industrial motion Ordinance No. Page 2 pictures, television commemials, or print media. Filming shall include the erection and dismantling of the equipment associated therewith. "City Manager" shall mean the City Manager or authorized designee. "Permit" shall mean a permit issued by the City in accordance with the terms of this Ordinance. "Person" shall mean any individual, partnership, firm, corporation, association or other entity. "City" shall mean the City of Aventura. Section 2. AI)131icabilitv. This Ordinance shall apply to all the lands within the City's jurisdiction whether public or private. Section 3. Permits. A. Permit Required. No Person shall Film within the City without first applying for and obtaining a Permit from the City Manager. All Permits shall be conspicuously displayed at the Filming location. B. Permit Application. Applications for a Permit shall: (i) be on the form provided for by the City; (ii) identify the applicant; (iii) identify the location(s) where Filming is going to be conducted. If applicant is the owner of the property where Filming is going to be conducted, the City shall require proof of ownership, such as the deed, or if applicant is not the owner, then the City shall require Ordinance No. Page 3 the following: the owner's sworn consent to the Filming and proof of ownership; (iv) shall require that applicant provide evidence of public liability insurance in the minimum amount of $1,000,000 or as otherwise established by the City. All insurance policies shall name the City as additional insured; (v) shall include a parking plan for automobiles, trucks and other vehicles connected with the Filming; (vi) shall include a site plan for the location(s) where Filming will be conducted; (vii) shall require that applicant post a $5,000 cash bond to be held by the City to be used, if necessary to repair damage to public property caused by the Filming. Limitations on Permits. Permits issued by the City shall be subject to (i) No Filming shall be permitted from 11:00 p.m. to 7:00 a.m; (ii) Other limitations as specified by the City Manager depending on the location and type of Filming such as, and by way of example, requiring an off-duty police officer to be present during Filming. D ....... n ch_~ 5s p ............................................... ~ ......... ~' Ordinance No. Page 4 for ~_ E.D. Permit fees. A Permit fee in the amount of $100.00 shall be due and payable at the time of Permit application. Permit fees shall be doubled for all Filming which is done without first obtaining a Permit. Section4. Notice to Owners. Forty-eight hours prior to commencing any permitted Filming the Permit holder shall notify in writing all property owners within 300 feet of the Filming location. The notice to owners shall include but not be limited to the location, date, hours and subject matter of the Filming. Section 5. Permit Criteria. A Filming Permit shall be granted unless the City Manager finds that the proposed Filming: A. unduly impedes governmental business or public access; or B. conflicts with previously scheduled activities; or C. imperils public safety. Section 6. Penalties. Any Person who violates the provisions of this Ordinance shall be subject to a $500.00 fine and revocation of the Permit. Section 7. Exemptions. The following shall be exempt from the provisions of this Ordinance: A. use. B. Individuals Filming or videotaping only for their own personal or family Employees of print or electronic news media when Filming on-going news events. This exception shall not apply to simulations or re-enactments omhestrated Ordinance No. Page 5 by pdnt or electronic news media. C. Indoor Motion Picture Studios. D. Governmental agencies or instrumentalities including, but not limited to, a news service created or established by the United States Information Agency, provided that notification is received by the City Manager pdor to filming. E. Commercial film crews of four (4) individuals or less not operating on public property. Section 8. Variances. Upon application to the City Manager, variances may be granted from the terms of this Ordinance, provided that: A. Signatures indicating consent have been obtained from all of the owners of property located within 300 feet of the Filming location; and B. A finding is made by the City Manager that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and C. The Filming proposed to be done as a result of the variance will be conducted in accordance with all standards in this Ordinance other than those for which a variance is being granted. Section 9. Appeals. Any Person aggrieved by the terms of a Permit issued by the City Manager, by the decision not to issue a Permit, by the revocation of a Permit, or by the denial of a variance may, within 10 days of the decision, appeal to the City Council whose decision shall be final. Section 10. Severability. The provisions of this Ordinance are declared to be 5 Ordinance No. Page 6 severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decisions 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 11. 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 Ordinances, City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" may be changed to "Section" or other appropriate word. Section 12. 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 Vice Mayor Berger, and upon being put to a vote, the vote was as follows: The Councilmember Jay R. Beskin yes Counciimember 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 yes foregoing Ordinance was offered by Councilmember Ordinance No. Page 7 , 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 18th day of February, 1997. PASSED AND ADOPTED on second reading this 4th day of March, 1997. A'FI'EST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, CITY ATTORNEY EMS/tms CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manage~r Arthur I. Snyder, Mayor February 26, 1997 Resolution Urging the State Legislature to Enact Legislation to Prohibit the Use of Cellular Telephones While Operating A Moving Motor Vehicle Please place the above-referenced matter and attached Resolution on the agenda for reconsideration by the City Council. AIS/tms attachment 10 oA CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager . ,, I b~,,I~ Ken Cohen, Counci mom er ,~ ~ 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 t Body ........ Date Action AttOl~ Ol'fice 12/16/96 Rel'etred sent To Polic-y Iremild~ttion ~n,t lntenml Stq~p~rt C:onanitte~ Due Date Roturne~ Note: '1'bo Uatrd am~ld~d dlL~ re~o[tttion a.~ moved by Cmmni~i0no' Catchy a~ld .,~-'coud~ by C.o~mL~nt~er Rttrke. '~t,~ te~iutiot~ wa.q n~i~ed R-Id67-96. Pa~Fa[I Body: WHEREAS. cellular l~Jophones have become a popular moans orcommmti~ation: and WI-~REAS. tl~ utilization o£ceHul~tr p1~o~es while operating a moving motor vohide is hazardous to d~ wel£are ord~e citizen~ ol?Dade Cotmty and tho Slate o£Fiortda: and WHEREAS, th~ regulation ortho u~ of cellular phonos by motorists is pre-empted by tl~e 81ate Legislature. NOW. TI-I~REi~ORE. BE~ IT RESOLVED BY THE BOARD'O~ C~UNTY COfvffv[ISSION~ OF DADE CO~. FL,ORIDA. that this Board hereby: urges the State LegiUatu~ to e~ae( the appropriate legislation to prohibit tl~o use ol'eellular phones while operating a moving minor vehicle. .. - ' Effective: The Chairperson th~pon declared the re~lutiun duly' passed and adopted this 17th day o£ Deoember. 19~,~. Tlds resolution ~hall become effective te~ (IO) days aRor the date or il~ Ildoption naiad, vetoed b.v II~e Mayor. and it'~,etoed, shall become efl'e~tive oMy upon nit overt'ldo by dds B~ard. The New England Journal of Medicine ©Copyright, 1997, by the Massachusetts Medical Society VOLUME 336 FEBRUARY 13, I997 NUMBER 7 ASSOCIATION BETWEEN CELLULAR-TELEPHONE CALLS AND MOTOR VEHICLE COLLISIONS DONALD A. REDELMEIER, M.D., AND ROBERT d. TIBSHIRANI, PH.D. ABSTRACT Background Because of a belief that the use of cellular telephones while driving may cause colli- sions, several countries have restricted their use in motor vehicles, and others are considering such regulations. We used an epidemiologic method, the case-crossover design, to study whether using a cel- lular telephone while driving increases the risk of a motor vehicle collision. ~'e~ods We studied 699 drivers who had cellular telephones and who were involved in motor vehicle collisions resulting in substantial property damage but no personal injury. Each person's cellular-tele- phone calls on the day of the collision and during the previous week were analyzed through the use of detailed billing records. xPu~s~l~ A total of 26,798 cellular-telephone calls were made during the 14-month study period. The risk of a collision when using a cellular telephone was four times higher than the risk when a cellular telephone was not being used (relative risk, 4.3; 95 percent confidence interval, 3~0 to 6.5). The relative risk was similar for drivers who differed in personal characteristics such as age and driving experience; calls close to the time of the collision were particu- larly hazardous (relative risk, 4.8 for calls placed within 5 minutes of the collision, as compared with 1.3 for calls placed more than 15 minutes before the collision; P<0.001); and units that allowed the hands to be free (relative risk, 5.9) offered no safety advan- tage over hand-held units (relative risk, 3.9; P not sig- nificant). Thirty-nine percent of the drivers called emergency services after the collision, suggesting that having a cellular telephone may have had ad- vantages in the aftermath of an event. Concl~slon$ The use of cellular telephones in mo- tor vehicles is associated with a quadrupling of the risk of a collision during the brief period of a call. Decisions about regulation of such telephones, how- ever, need to take into account the benefits of the technology and the role of individual responsibility. (N Engl J Med 1997;336:453-8.) 01997, Massachusetts Medical Society. MOTOR vehicle collisions are a leading cause of death in North America; they are the single most frequent cause of death among children and young adults and account for one fatality every 10 minutes.14 During an average year, about 1 person in 50 will be involved in a motor vehicle collision; ! percent of them will die, 10 percent will be hospitalized, and 25 percent will be temporarily disabled.4,s Mo- tor vehicle collisions often injure persons who are otherwise in good health. The causes of motor vehicle collisions are complicated, but error on the part of drivers contributes to over 90 percent of Cellular telephones can be used for placing and receiving telephone calls while in a motor vehicle. North American sales are enormous; for example, in 1995 the number of new subscribers in the United States exceeded the birth rate.?,s Many believe that telephones may contribute to collisions by distract- ing drivers? and a few countries (such as Brazil, Is- rael, and Australia) have laws against using a cellular telephone while driving. Research with simulators suggests that use of the telephone can impair some aspects of driving performance.1°44 However, indus- try-sponsored surveys have found no increased risk associated with car telephones?,~6 The most rigorous experimental method for test- ing the effects of cellular telephones on motor vehi- cle collisions is to assess outcomes for persons ran- domly assigned to use or not use the devices, but such a study would be very difficult to perform and possibly unethical. Instead, we used an cpidemiolog- From the Departments of Medicine (D.A.1C), Preventive Medicine and Biostatistics ( R.. J.T. ), and Statistics ( R.I.T. ) and the Program in Clinical Ep- idemiology and Health Care Research (DA.R_), University of Toronto, torito; and the Division of Clinical Epidemiology, Sunnybrook Health ence Cent~ North York, Ont., Canada (D.A.R.). 3xldress reprint requests to Dr. Redelmeier at Stmnybrook Health Science Centre, G-151, 2075 Bayview Ave., North York, ON M4N 8M$, Canada. Volume 336 Numbcr 7 - 453 The New England Journal of Medicine ic method, the case-crossover design, to evaluate potential associations between thc usc of a cellular telephone and the risk of a motor vehicle collision in real-world circumstances. METHODS The study was conducted in Toronto, an urban region of 3 mil- lion people with no regulations against using a cellular telephone while driving. Persons who came to thc North York Collision l~e- porting Centre between Iuly 1, i994, and August 31, i995, dur- ing peak hours (i0 a.m. to 6 p.m.) on Monday through Friday were included in the study if they had been in a collision with substantial property damage (as judged by the poIice). Drivers do not report to the center if the collisions involve injury, criminal activity, or the transport of dangerous goods. Drivers were ex- cluded if they said they did not have a cellular telephone or if their billing records could not be located by May 1, 1996. Use of Cellular Telephones Consenting subjects completed a brief questionnaire about their personal characteristics and the features of the collision. We collected telephone records through each person's cellular-tele- phone number and verified each invoice by checking the subject's finl name, mailing address, and calls made to his or her home tele- phone number. For each record, we analyzed all telephone activ ity on both the day of collision and the preceding seven days, with particular attention to the time, duration, and direction (incom- ing or outgoing) of each call. Special note was made of contact with ambulance personnel, police, or other emergency services. Time of the Motor Vehicle Collision Thc time of each collision was estimated from thc subject's statement, police records, and telephone listings of calls to emer- geney services. We classified the times of collisions as "exact" when information from all three sources was available and consis- tent or when one source supplied no data but the remaining two agreed. Otherwise, we classified the times as "inexact" and used the earliest of the available two or three times to avoid misclassi- fylng calls made after the collision as contributing to the event. Selecting the earliest listed time reduced the chance of finding spurious assodations between telephone use and collisions. How- ever, selecting an excessively early time could lead to the under~ estimation of the magnitude of any association. Analytic Method We used case-crossover analysis, a technique for assessing thc brief change in risk associated with a transient exposure. Accord- ing to this method, each person serves as his or her own control; confounding due to age, sex, visual acuity, training, pevsonaiity, driving record, and other fixed characteristics is thereby eliminat- ed.~7 We used the pair-matehed analytic approach to contrast a time period on the day of the collision with a comparable period on a day preceding the collision,la In this instance, case-crossover analysis would identi~, an increase in risk if there were more tele- phone calls immediately before the collision than would be ex- pected solely as a result of chance. Definitions of Time Periods We defined the hazard interval to include any telephone calls oc- curting during the 10 minutes before the estimated time of the col- lision, and tested the robusmess of our results by analyzing intervals of 1, 5, and 15 minutes.~9 In the primary analysis, we compared each person's telephone activity immediately before the collision (case) to his or her activity during a control period at the same time as the hazard inteawal on the day before the collision (crossover). In supplementary analyses we evaluated alternative comparison days and considered intervals of an hour leading up to the collision. Alternative Comparison Days We checked our estimates by repeating the calculations using four other control intervals. In the workday comparison we se lected the day oftbe workweek preceding the collision; for exanr pie, the period just before a collision on Monday was compared with the same period on the preceding Friday. In the weekday comparison, we selected the same day one week before the culli sion; for example, Monday was compared with the preceding Monday. In the matching-day comparison, we selected the near est day of the preceding week on which there was cellular-tele- phone activity in the predelined lead-up period before the colli- sion. For thc maximal-use-day comparison, we used the control interval from the preceding tinee days in which there was the greatest amount of cellular-telephone activity. Accounting for Intermitteney of Driving Evaluating telephone activity on the day before a collision is appropriate only if driving occurred during the control interval on that day. A pilot survey involving 100 subjects indicated that 35 percent of them did not drive during the selected period; the roles of conditional probability suggested that this degree of in termittcncy of driving would inflate the apparent relation be tween cellular-telephone use and motor vehicle collisions by a factor of 1.5 (l'~0.65).2°,21 OtLr estimates of relative risk were therefore divided by this factor as one way of adjusting foe the interminency of driving. To examine the robustness of our analysis, we also tested a dif ferent adjusunent that relied on individual driving patterns. To do so, between October 25 and November 28, 1996, we attempted to contact all subjects who had used their cellular telephones in the 10 minutes before the collision or the 10-minute control pet dod. We asked each person to remember his or her driving pat- tern on both the day of the collision and the day before the col- lision. We then recalculated relative risks by limiting the analysis to subjects who were confident that they had driven a motor ve- hicle during both periods on both days. Ethical Issues The protocol was approved by the University of Toronto Hu- man Ethics Committee, and all partidpants provided informed consent. Private industry supplied telephone records but other- wise had no involvement in data collection or analysis or funding the study. Individual bilfing records were obtained directly from cellular-telephone carriers who provided records for 100 consec- utive days of telephone use for each person and who were not told which paxficular date was the day of the collision. Police re- ports were obtained directly from police deparmlents; they, in ntm, were not provided copies of the drivers' cefinlar-telephone Statistical Analysis The sample size was calculated to provide an 80 percent chance of detecting a doubling or halving of collision rates. Relative risks were estimated with methods for matched-pairs studies on the basis of exact binomial tests and conditional logistic-regsession analyses? Confidence intervals for the relative risks were derived with the bootstrap bias-corrected method and accounted for the uncertainty in the adjustment for intermittency of driving?a4 Modifications of thc relative risks were assessed by comparing diF ferent subgroups, with particular attention to the prespecified contrast between hand-held cellular telephones and models that leave the hands free. All P values were two-tailed, and all relative risks were computed with 95 percent confidence intervals. RESULTS Wc approached 5890 drivers, of whom 1064 ac- knowlcdgcd having a cellular tclcphonc and 742 con- sented to participate in the study; the billing records February 13, 1997 ASSOCIATION BETWEEN CELLULAR-TELEPHONE CALLS AND MOTOR VEHICLE COLLISIONS of 699 of these drivers were located (Table 1). The collision times were exact for 231 subjects and inexact for 468. The group placed a total of 16,870 cellular- telephone calls and received 3643 calls during the week before the collisions (average, 3.4 calls placed and 0.7 call received per person each day). The aver- age duration of the calls was 2.3 minutes, and 76 per- cent lasted 2 minutes or less (similar to cellular-tele- phone calling patterns elsewhere25). The monthly bill in U.S. currency for the average participant was $72, which was greater than that for the average subscriber in Toronto or the average subscriber in North Amer- ica ($53 and $51, respectively).26-28 Overall, 170 subjects (24 percent) had used a cel- lular telephone during the 10-minute period imme- diately before the collision, 37 (5 percent) had used the telephone during the same period on the day before the collision, and 13 (2 percent) had used the telephone during both periods. The crude analysis indicated that cellular-telephone activity was associ- ated with a relative risk of a motor vehicle collision of 6.5 (95 percent confidence interval, 4.5 to 9.9). The primary analysis, adjusted for intermittent driv- ing, indicated that cellular-telephone activity was as- sociated with a quadrupling of the risk of a motor vehicle collision (relative risk, 4.3; 95 percent confi- dence interval, 3.0 to 6.5). At follow-up in 1996, we located 145 subjects, of whom 72 (50 percent) were confident that they had driven during both the hazard period and the con- trol period. II~stricting our analysis to this subgroup yielded an estimated relative risk of 7.0 (95 percent confidence interval, 3.7 to 15.5) associated with cel- lular-telephone use. An analysis that included the en- tire cohort of 699 drivers and used alternative com- parison days yielded similar estimates of the relative risk of a collision (Fig. 1 ). All the altemative estimates of relative risk were adjusted for intermittent driving, and all were statistically significant (P<0.001). The relative risk of a collision associated with us- ing a cellular telephone was consistent among sub- groups with different characteristics (Table 2). Young- er drivers were at a somewhat higher relative risk when using a cellular telephone than older drivers, although the trend was not significant. In no group did cellular-telephone use have a protective effect. In particular, subjects with many years of experience in using a cellular telephone still had a significant increase in risk. The highest relative risk was found among subjects who had not graduated from high school. Telephones that allowed the hands to be free did not appear to be safer than hand-held tele- phones. The increase in risk appeared to be greatest for calls made near the time of the collision, and was not statistically significant for calls made more than 15 minutes before the event (Fig. 2). The relative risk was 4.8 for calls within 5 minutes before the TABLE 1. CHARACTERJSTICS OF 699 AND CO~ISION$. A~ (~) <25 67 (10) 25-39 3~6 (49) 40-~4 227 (32) Mile 502 (72) No 84 (12) Other 531 (76) DrMng experience (yr) 0-9 137 (20) 10-19 246 (35) 20-29 188 (27) ~30 128 (18) 2 or 3 174 (25) 4 or S 158 (23) h~ ~t 1 (<1) W~y 159 (28) ~-~ l~fion 597 collision, as compared with 1.3 for calls more than 15 minutes before the collision ( P< 0.001 ). The risks were similar at different times of the day and of the week (Fig. 3). Estimates appeared robust when cal- culated with use of hazard intervals of 1, 5, or 15 minutes before the collision (relative risks, 4.7, 4.8, and 4.3, respectively), for data including exact rather than inexact times of collisions (4.0 and 4.5, respec- tively), and with only incoming calls or only out- going calls included (3.0 and 3.8, respectively). The association appeared stronger for collisions on high- speed roadways than for collisions in parking lots, at gas stations, or in other low-speed locations (5.4 vs. 1.6, P = 0.014). A total of 5325 calls were placed and 960 calls Volume 336 Number 7 455 The New England Journal of Medicine 10. Comparison Day Figure 1, Relative Risk of a Collision for Different Control Pe- riods. Relative risks were calculated for five different control inter- vals. In the day-before comparison, we used the control period on the day immediately before the collision; in the workday comparison, the period on the preceding day of the workweek; in the weekday comparison, the period on the day one week before the collision; in the maximal-use-day comparison, the day with the most cellular-telephone activity of the three days preceding the collision; and in the matching-day comparison, the period on the nearest day of the preceding week in which there was cellular-telephone activity in the lead-up period. The vertical lines indicate 95 percent confidence intervals. Bars entirely above 1 indicate statistically significant associations (P<0.05). were received on the collision days, of which the ma- jority occurred after the event (68 percent and 64 percent, respectively). About 39 percent of the sub- jects used their cellular telephone at least once to contact emergency services immediately after the col- lision. The haedian number of calls made during the remainder of the day after the collision was substan- tially greater than the median number of calls made during an entire day before the collision (four vs. two, P<0.001). Of those who had not used their telephone on any day before the collision, 14 of 39 (36 percent) made at leasf one call in the aftermath of the event. We found that using a cellular telephone was as- sociated with a risk of having a motor vehicle colli- sion that was about four times as high as that among the same drivers when they were not using their cel- lular telephones. This relative risk is similar to the hazard associated with driving with a blood alcohol level at the legal limit?-at We also found that cellu- lar telephones have benefits, such as allowing drivers TABLE 2. RELATIVE RiSK OF A MOTOR VEHICLE COLLISION IN 10-MINUTE PERIODS, ACCORDING TO SELECTED Age (yr) ~ of cclinlar telephone *Relative risks indicate the probabiliv/of having a collision when using a ccflular telephone at any time during a 10-mlnute interval as compared with the probability of having a cogision when not using a cellular tele phone at any time dusing a 10-minute interval. Relative risks have been adjusted to account for the intermittence of dsiving. CI denotes confidence interval. to make emergency calls quickly. A few drivers used their telephones only in the aftermath of a collision, thereby gaining some potential benefits and incur- ring no potential risks due to telephone use. In gen- eral, cellular-telephgne calls were brief and infre- quent, which explains why the rapid growth of this technology during recent years has not been accom- panied by a dramatic increase in motor vehicle colli- sious? We observed no safety advantage to hands-free as compared with hand-held telephones. This find- ing was not explained by imbalances in the subjects' age, education, socioeconomic status, or other dem- ographic characteristics. Nor can it be explained by suggesting that those with units that leave the hands free do more driving. One possibility is that motor vehicle collisions result from a driver's limitations with regard to attention rather than dexterity,ss Re- gardless of the explanation, our data do not support the policy followed in some countries of restricting hand-held cellular telephones but not those that leave the hands free. Three weaknesses of this study should be pointed 456 February 13, 1997 ASSOCIATION BETWEEN CELLULAR-TELEPHONE CALLS AND MOTOR VEHICLE COLLISIONS 10- 20-16 15-11 10-6 5-1 Time before Collision (min) Figure 2. Time of Cellular-Telephone Call in Relation to the Rel- ative Risk of a Collision. Each minute before the collision was assessed as an independ- ent hazard interval, with these intervals grouped in five-minute periods. Cellular-telephone activity for each hazard interval was evaluated in relation to the same period on the day before the collision. Relative risks greater than I indicate an associa- tion between telephone use and collisions. The vertical lines indicate 95 percent confidence intervals. Bars entirely above I indicate statistically significant associations (P<O.05). Calls made 1 to 5 minutes before the collision were significantly risk- ier than calls made 16 to 20 minutes before the collision (P<O.O01). out. First, we studied only drivers who consented to participate. The fact that some persons chose not to consent might have caused us to underestimate the risks associated with telephone use if these people declined because of concern about personal liability. Second, people vary in their driving behavior from day to day -- a fact that makes the selection of a control period problematic. However, it would be difficult to explain ail our findings on the basis of different driving patterns, and in particular, this fac- tot would not account for the similar results for those who remembered driving during both periods on both days. Third, case-crossover analysis does not eliminate all forms of confounding. Imbalances in some temporary conditions related to the driver, the vehicle, or the environment are possible, but we believe such factors are not likely to account for the magnitude of the association we observed. Our study indicates an association but not neces- sarily a causal relation between the use of cellular telephones while driving and a subsequent motor vehicle collision. For example, emotional stress may lead to b6th increased use of a cellular telephone and decreased driving ability. If so, individual calls may do nothing to alter the chances of a collision. 100.0. 10.0- ._~ 0.1 Time of Day Day of Week Figure 3. Consistency of Relative Risks Obtained from Different Collision Times. The graph shows estimates of relative risk for collisions at dif- ferent times of the day and of the week. Morning was defined as 8 a.m. to 11:59 a.m., a~fternoon as noon to 3:59 p.m., evening as 4 p.m. to 7:59 p.m., and other as all remaining times. Satur- day and Sunday are combined in a single weekend category. The vertical lines indicate 95 percent confidence intervals. Bars entirely above 1 indicate statistically significant associations (P<O.05). The vertical scale is logarithmic. In addition, our study did not include serious inju- ties; hence, we do not know how -- or whether -- celhilar-telephone use is associated with motor vehi- cle fatalities. Finally, the data do not indicate that the drivers were at fault in the collisions; it may be that cellular telephones merely decrease a driver's ability to avoid a collision caused by someone else. We caution against interpreting our data as show- ing that cellular telephones are harmful and that their use should be restricted. Even if a causal rela- tion with motor vehicle collisions were to be estab- lished, drivers are vulnerable to other distractions that could offset the potential reductions in risk due to restricting the use of cellular telephones. Regula- tions would also mean reducing benefits; in Canada, for example, half a million calls to 911 emergency services are made from cellular telephones each yeah34 Yet proposals for regulation are not unreasonable, since poor driving imposes risks on others. Ihablic de- bate is needed, given that cellular telephones contrib- ute to improvements in productivity, the quality of life, and peace of mind for more than 30 million peo- ple in North America alonc. The role of regulation is controversial, but thc role of individual responsibility is clear. Drivers who Volume 336 Number 7 457 The New England Journal of Medicine usc a cellular telephone arc at increased risk for a motor vehicle collision and should consider road- safety precautions. For them as for ali other drivers, these include abstaining from alcohol, avoiding ex- cessive speed, and minimizing other distractions. Additional strategies might include refraining from placing or receiving unnecessary calls, interrupting telephone conversations if necessary, and keeping calls brief-- particularly in hazardous driving situa- tions. Physicians should also learn to recognize pa- tients who are at risk for a collision and who may benefit from advice regarding safety,ss 4o Even limit- ed success in reducing risk may prevent some of the death, disability, and property damage related to mo- tor vehicle collisions. Supported by a C~eer Scientist Award from the Ontario MAnistry of Health (to Dr. Redelmeier), a grant from the Natural Sciences and Engi- neering Research Council of Canada (to De Tibshlrani), and a grant from the Ont~io Ministry of Transportation. We are indebted to Bell Mobility, Inc., Rogers Cantel, Inc., and the Metropolitan Toronto Police Department for their cooperation; and to the following people for help with specific aspects of the study: Mary Chipman, Ruth Croxford, Allan Detsley, Bradley Efron, Trevor Hastie, Mark Henkelman, Philip Lavori, Barry McLellan, David Naylo~, Simon Min~ Miriam Shuchman, and Amos Tversky. REFERENCES plications of cellular mobile phone use. In: Proceedings of the 31st Annual Conference of the Mnerican Association for Automo0ve Medicine, New Orleans, September 28-30, 198Z Des Plalnes, Ill.: Ametican Association for Automotive Medicine, 1987:181 200. 1§. Smith VI. What about the customers? A survey of mobile telephone users. In: 28th IEEE Vehicular Technology Conference: conference record of papers presented at the 28th annual conference, Denver, March 22 24, 1978. New York: Institute of Electrical and Electronic Engineers, 1978: 190-3. I$. Canete DW. AT&T cellular phone safety study: a survey of cellular phone owners located in the Balrimore/~ashington, D.C., metropolitan area. Parsippany, N.I.: AT&T Consumer Products, 1985:1 62. 17. Maclure M. The case-crossover design: a method for studying transient effects on the risk of acute events. Am J Epidemiol 1991;133:144 53. 18. Mitrieman MA, Maclure M, Robins IM. Control sampling strategies for case crossover studies: an assessment of relative efficiency. Arn J Epide- miol 1995;142:91-8. 10. Baker SE Digit preference in reported time of collision. Accid Anal prey 1971;3:7T80. gO. Efron B, Tibshirani IL Statistical data analysis in the computer age. Science 1991;253:390-S. 21. Breslow NE, Day NE. Statistical methods in cancer research Vol. L The analysis of case-control studies. Lyon, France: International Agency for Research on Cancer, 1980:162-89. (IAPC scientific publications no. 32.) 22. Marshall KJ~ Jackson lYE Analysis of case crossover designs. Stat Med 23. Efron B. Bootstrap confidence intervals for a dass of parametric prob lems. Biometrika 1985;72:45-58. 24. Better bootstrap confidence intervals. In: Efron B, Tibshirani IL An introduction to the bootstrap. New Yorlc Chapman & Hall, 1993:178- 201. 25. Scientific Advisory Group on Cellular Telephone Research. Assessing real world cellular phone usage patterns. Vol. 2. No. 2. Ceilular Telephone Update. W'mter 1994:3. 2g. 1995 Annual ~port. ~ntreal: BCE Mobile Communications, 1996: l~?. Annual report 1995. Torgnto: Rogers Camtel Mobile Communica- tions, 1996:32. Can Med Assoc I 19S1;65:il25-8. ~. Rothman I~, LougbRn JE, Funch DP, Dreyer NA. Overall mortality 458 February 13, 1997 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA URGING THE STATE LEGISLATURE TO ENACT LEGISLATION TO PROHIBIT THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOVING MOTOR VEHICLE; AND PROVIDING AN EFFECTIVE DATE. and WHEREAS, cellular telephones have become a popular means of communication; WHEREAS, the utilization of hand-held cellular telephones while operating a moving motor vehicle is hazardous to the welfare of the citizens of Dade County and the State of Florida; and WHEREAS, the regulation of the use of cellular telephones by motorists is pre- empted by the State Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section1. This Council hereby urges the State Legislature to enact the appropriate legislation to prohibit the use of hand-held cellular telephones while operating a moving motor vehicle. Section 2. 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: Resolution No. Page 2 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 March, 1997, ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITYA'I-rORNEY EMS/tms CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Ken Cohen, Councilmember ~/~? February 26, 1997 Local Gun Control ~0-~ Please place the following matter on the next agenda for discussion and possible action by the City Council: Resolution Requesting State Legislature to Allow Local Control of Gun Regulations. KC~ms CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Jeffrey M. Perlow, Councilmember DATE: February 28, 1997 SUBJECT: Misleading Real Estate Advertisements Attached please find another real estate advertisement that purposely misleads the public in using the location of the City of Aventura in their condominium proiects. I feel it is time that the City take action to eliminate these types of misleading advertisements in the future. It is not fair to our residents and developers that this form of advertisement continues without being addressed by the City Council. Please place this matter for discussion on the agenda for March 4, 1997. JMP/tms THE HOME BUYING HERALD SPEC AL ADVERTISING SECTION ¸ FR DAY, FEBRUARY 28, 199 '~ ~"~. or the f~t time i~ 15 years. ; ~1 Aventura is the site of a luxury ~ ~ develgpment that promises the - ' :Ob.~..~n One's developers move-toward a ~ ~ groundbreaking date. As frae only beaebfront development · "e.~t of ~berry, Ocean One has -liltmeted a lot of attention. In fact, the "~ 30-sto~ building is 50 percent sold. Ocean One's developers say the eonflominlum is suae to rival some of the area's more prestigious res!dences. Sales are exceeding expectations for the Aventura project,: Located at 193r~ Street and east of Collins Avenue, the 6.3-acre oceanfront site has 700 feet of white-powder beach. The property is surrounded by a private beach club, oversize heated pool, spa, tot lot, lighted tennis courts and fully equipped fitness center that overlooks the ocean. Residents will b~ able to take adv~antage of Avemtura'a shopping, restaurants, s~x, ic~ aad tim Tumbercy Isle Resort & Count~ Club (subject to membership). Continued on page 5 Ocean One wm he Aventura's first luxury, oceanfront condominium to he built in the area in 15 years. Sales exceed expectations at OCean One Continued from page 1 world-class amenities and ocean- front address right in the heart of Aventura continue to attract the attention of neighboring residen- tial communities. "Ocean One is Aventura's first complete lifestyle," said Bill Thompson, senior vice president of The Related Group, the devel- oper. "It's the most impressive condominium property to be built in Aventura in almost 20 years, with the most to offer buyers in terms of lifestyle, amenities and Additionally, Ocean One is sit- uated between Fort Lauderdale and Miami, so residents can take advantage of the rTch vari- e~ of cultural, commercial and sporting attrac- tions in the area. Designed by the Sieger Architectural Partnership, Ocean One will have twin towers with 241 total residences. The selec- tion includes two- and three-bed- room units and penthouses that rangefronl 1,830 square feet to more than 2,883 square feet. Among the numerous upscale appointments found in every Ocean One home are: · Private elevators and foyers that open to double-door · Interior coffered ceiling gal- leries to separate living and bed- room a~eas. · Floor-to-ceiling glass win- dows to provide vistas of the ocean. · Gourmet-style kitchens with granite counters and a complete appliance package. · Master bedroom suites with walk-in closets and marble baths. · Separate laundry area with washer and diye[ Additionally, Ocean One is situated between Fort Lauderdale and Miami, so residents can take advantage of the rich variety of cultural, commercial and sporting attractions in the area. The devel- opment is 20 minutes from either the Miami International or Fort Lauderdale-Hollywood International airports. Jorge Perez, president and majority Owner of The Related Group, which developed the Portofino Tower on South Beach, The Yacht Club in Aventura and Barefoot Beach in Naples; and partners Paul Wallace, president of The Broadstone Group, which is responsible for the develop- ment of New York's Olympic Tower on Fifth Avenue and Bal Harbor's Bal Moeal; and Quantum Realty Investors, an international, muitibillion dollar investment fund managed by a Wall Street investment banking group, teamed for the opportunity to purchase the last and largest oceanfront site available for development in Aventura. "Ocean One was developed for those who have grown to love Aventura's convenient, cos- mopolitan and luxurious lifestyle, only one step better-- all these things on the ocean," Thompson said. "We are confident that Ocean One will soon be Aventura's most coveted address." Ocean One is located on 193rd Street and Collins Avenue, east off State Road A1A on the beach. Preconstruction prices range from $252,900 to more than $1 million. For sales information, call Ocean One at (305) 682-~222. MIAMI DALLY 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 Octelma V. Ferbayre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING APPLICANT NAME: TRAFALGAR ASSOCIATES OF AVENTURA LTD. APPLICATION NUMBER: 01-AR-96 MARCH 4, 1997 In the ....................... ~ ............................... Court, was published In said newspaper in the Issues of Feb 18, 1997 Feb 27, 1997 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in s01d DSde County, Florida, and that the sold newspaper has heretofore been continuously published In said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of .sdvertlsement; and affiant further says that she has neither paid nor promised any person corporation any discou , rebate, commisele he purpose n~s per NOTICE OF PuBLiO HEARING Date and Time of Public Hearing: Tuesday, Mamh 4, 1997 6..OO pm .... Appltea~ Name: Trafalgar ASsociateS of Aventura_ I.~., a Fla. limited partnership Applicant Request: The applicant is petitioning to close eight (8) feet of public right-of-way on NE 207 Street from NE 30 Avenue east for approximately 1784 feet and ten (10) feet of public right-of-way on NE 30 Avenue from NE 207 Street north for approximately 926 feet. Application Number: 01-AR,86 Location Of Subject Property: The northern most eight (8} feet of right-of-way on NE 207 Street from NE 30 Avenue east for approxi- mately 1784 feet and the eastern most ten (10) feet of right-of-way on NE 30 Avenue from NE 207 Street north for approximately 926 feet. Lengthy legal description - you roay contact the Aventura Community Development Department for the complete legal description. Size of Sbbjest property: Approximately 0.54 acres Plans are on file and may de examined during regular business I~oure in the City of Aventura, Community Development Department, 2999 NE 191 Strea% Suite 500, Aventura, Florida, 33180. Plans may be modified at or defere the Public Hearing. Tho Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180 Your comments may be made in person at the hearing or filed in writing prior to the hearing date. It is recommen~d that same be mailed at least three (3) days (excluding Saturdays, Sundays and Holidays] defers the heating date. Refer to applicant/properly on cor- . respondence and mail same lo City of Aventura. Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180, For further information, please call {305) 466-8940. Please advised others interested. In accordance with the Americans with Disabilities Ant of 1990. all ~ersons who are disabled and who need special sccommodaflons to pariicipete in this l~roceedfeg because of that disability should contact the Office of the City Clerk, 466-8901. not later than two business days prior to sUch srocesdings. If a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such ~uq0ose. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the saonal is to de based. PLEASE NOTE THAT THE APPLICATION MAY CHANGE DURING THE HEARING PROCESS 2/18-27 97-3-021809M ~ .. I AHlant further s'Y' that the said Miami Cally BUllne.. Review Is . newspaper published at Miami In laid Dade County, Florida, and that the ,aid newspap.r ha. heretofore been continuously published In .ald Oade County, Florida, each dly (except Saturday, Sunday and Legal Holidays) and hi' been entered as second cia.. mall matt.r at the post offlc. In Miami In .ald Dade County, Florida, for a period of on. yel' naxl preceding the first publication of the attached cop rtla.ment; and affiant 'urther says that she ha. nel .r pal nor promised any person, firm or corporation an dl.co t, rebat., commission or relund for the purpose of Kurt this advertl..ment tor publlcallon In the 'aid ne p r. LJJJ~ ~~ PUBUC NOncE OF PROPOSED ORDINANCES OF THE CITY OF AVENTURA NOTICE IS HEREBY GIVEN that on Tuesday. the 4th day of March,' 1997, at a maaIing of the City CouncIl 01 the City of Avenwra, to be haId at 8:00 p.m. in tha Council Maallog Room at the CoI1Jmbla Awn- IIJra HoapltaI and Maclieal Canlar, 21110 Iliacayna BouIBYBrd, Suita 101, A.,wra, Florida, the City CouncIl wiD con_r tha adoption of the following Ordinanooa on aacond readng, antitIad: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE ND. 98-12 BY AMENDING THE TERM THEREOF; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING FILMING REGULATIONS FOR THE CITY; PROVIDING FOR DEFINITIONS: PROYIDlNG FOR APPU. CABILITY; REQUIRING A PERMiT AND PERMIT FEE: PROVIDING FOR LIMITATIONS: REQUIRING NOTICE TO OWNERS: EST ABUSHING CRITERIA FOR ISSUING PERMITS: PROYIDING AN APPEAL PROCEDURE: PRO- VIDING FOR EXEMPTIONS: PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCWSION IN. THE CODE AND AN EFFECTIVE DATE Tha propoaad Ordinancaa ",-y ba inapacIoId by the public at the Of- lica of the City Clartc, 2999 N.E. 191at Straat, SuRa 500, Awntura, Florida. Intarastad partiaa may _ at the PublIc Haaring and ba Man! with .-pact to the propoaad ClJdnMcaB.. Any !""""" wial)ing to addresa the City Council on any ilam at thia Public _g Is ...., to ragIaIar with... City CIatk prior to that Itam baing haard. ' In acoonIanca with the Amaricans with DiaablIRiaa Act of 1990, all paraona who ara ciaablad and who __ opaclalaccommodaliona to participate in this pIOCBBdIng _ of thet _Iity _. contact the 0fIica 01 the City Clark, 488-8901, noIlatar than two busino.. days prior to auch prooaaclinga. If a_ _ to _a1 any dacIaion ..- by tha City Council with .-pact to any m_r ~ at a ....iog or haarlng, that paraon win __ a racord 01 the pIOCBBdIngs and, lor auch purpoaa, may __ to ansura that. a Wlbatim _ of the ploeBBdiullB Is ",-da, which _ Includas tha taatlmony and BYi_ upon which the appaal is to ba based. . Dated thIa 20th day of Fabruary, 1997. 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 Soakle Williams, who on oath say. that she Is the Vice President of Legal Advertising of the Miami Dally BU8In.s. Review .nu. Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Oade County, Florida; that the attached copy of advertisement, beIng a Legal Advertisement of Notice In the matter of CITY OF AVENTURA NOTICE OF PROPOSED ORDINACES AN ORDINANCE AMENDING ORDINANCE NO. 96-12, ETC. In the. . . . . . . . .. XX~X.~.......... . . . Court, wa. published In .ald ne'l!fpaper In the IlIues of Feb 20, 199/ 20 Sworn to and .ubscrlbed before me thl'-. February 9/ ........................, A.D. 19..... 2120 Taraaa M. Smith, CMC CityClart< 97-4-02201OM day of /7~ /' <......"':'":j LNOTAPY5tAL .. '.. . 61.. ,-'''< . ~. CHERY'~ ..,. t.1ARMEH C (/ (SEAL) ~ ';;P-::J., \;1' 0 COIoWISSaON KIMBER SOCIldo WIlliam. po.. ~1~t&O. CCS4S384 -y;."'R~ ~ MY COMMSSIOH EXl'lRES (' OF ,,0 APR. 12.2000 P608 Location Plan DONN ACRES (76-30) TRS. A,B & C Sec: '- 'I,,, Twp:! Rge: ~. TR I TR H N coUNTRY CLUB DR LEGEND RIGHT OF WAY TO BE CLOSED METRO-OADE PI~I'ITION TO CLOSE Rr~AD TO: Board of County Commi~oners Dade County, Florida The undemi§ned. [:,~'~-uant m S~-ction~ 336.09 -- 336.12. Florida Smm~s. here~ pelion the Board o~ County Com~o~m to vacat~ abandon, ~con~nue ~d dose an a~tin~ public or private street, alle~ay, ~a~ highway, or other place used ~or ~a~t. or a potion the~o~. and to renounce and d~c~,im ~y right of ~e Co~ and the public ~ and to any land in connection therewith; or ~ m~ce and ~ta~ any right of the Co~ and the public in and to ce~ain land. or in~ ~emin. acquired ~ purchase. ~. d~e. dedication or prescription for s~eet, all~ mad or highway p~osez: or to renounce ~d discla~ any right of the CounW and the ~ ~ and to ce~in land de~eated on a ~orded map or plat as a street~ alleyway, road ~ ~way. The undersigned hesd~' certify: 1. LEGAL DESCR~I. ION': The complete and accurate legal description of the road, right of way or land sought m be dosed is as follows: portion of N.E. 207th Street and N.E. 30th Avenue in the NE 1/4 A .... ~-n 34 Town~hlp 51 South, Ra~..ge 42 East, Dade County, Florida, being more particul~rl~ described as follows: cOMMENCE at the Northeast corner of the NE 1/4 of said Section 34; thence run S 01° 59' 03" E, along the East line of said Section 34, stance of 709.14 feet; thence run S 88° 00' 57 W for a for a di _ L. ......... e nlO 59' 03" E, along a line · c f 40.00 ~ee=, un~n~= ~. ~ ~ . · d~stan e o ...... ~ .... ~ to the East line of sa~d =h~ch is 40.00 fee= wes= O~ unu ~=~=~ . ~= -~ ~ '~ n4' 29" W ~;~tion 34, for a distance of 1820.26 feet, ~enu= ~ ~ - 00" for a distance of 42.%7 feet to a point; thence run S 88~ 08' line whic~ i~ 75.00 feet North of and parallel to the W, along, a ......... ~ -~ *ection 34, for a distance of South llne o£ r~le m,- x~- u~ ~ .... .. hereinafter described -45.13 feet to the POINT OF BEGINNING =/xe ~arcel: thence continue S 88" 08' 00" W, al.ong the.~orth llne .t~.e South_7.52.0~0 ~f~ee, t..e°%ot-h~e~o~/t4o~fi~dse&ei~.~°wni~4~ef%r.es~ d. stancelxne of the°r y p oi DoNN ACI%ES, according to the pla= thereof recorded in Plat Book 76 at Page 30 of the Public Records of Dade County, Florida; thence run N 02" 55' 32" W, along said west line, for a distance of 917.57 feet to a point; thence run S 88- 12' 28" W, along the property line of said DONN ACRES, for a distance of 10.00 feet; thence run S 02" 55' 32# E, along a line which is 25.00 feet East of and parallel to the center line of N.E. . nut for a distance of 901.05 feet to the point of curvature 30th Ave _ = ~=- ~-~. eh,~ e run Southeasterly along the 'of a circular curve =o u~= ~=~, .--%--?__ _ -' ..... a~-- -~ 25.00 = --~ circular curve, to the le~=, haven9 = ~==~. arc o= ==~ - - -~- -~ 88. 56' 28" for all arc =lsua~u= feet through a centra- angst u~ 38.81 feet to the point of tangency; thence run N 88° 08' 00" E, tangent to the last described curve and 67.00 feet North of and parallel to the South line of the NE 1/4 of said Section 34, for a distance of 1759.08 feet to a point; thence run N 01~ 52' 00" W for a distance of 8.00 feet to the poINT OF BEGINNING. Containing 23,320 square feet more or less.