03-07-2000 CC Meeting AgendaCity Commission
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
City Clerk
Teresa M. Soroka, CMC/AAE
City Attorney
Weiss Scrota Helfman
Pastoriza & Guedes
AGENDA
March ? 2DDD- 6 PM
(immediBtely [ollowinD LPA heaPinD)
Biscayao Medical Arts Building
211 t 0 Biscayne Boulevard Suit~ t 01
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEAR1NGS - Please be advised that the following items
on the Commission's agenda are quasi-judicial in nature, if you wish to object or
comment upon these items, please indicate the item number you would like to address
when the announcement regarding the quasi-judicial item is made. You must be sworn
before addressing the Commission, and if you wish to address the Commission, you may
be subject to cross-examination. If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
PROMENADE SHOPS, LOCATED AT 20301-20695 BISCAYNE
BOULEVARD, TO PERMIT TWO EXISTING MONUMENT
(PYLON) SIGNS, EACH 450 SQUARE FEET IN AREA AND 30
FEET IN HEIGHT TO REMAIN ON THE EAST FRONTAGE OF
BISCAYNE BOULEVARD WHERE ONE MONUMENT SIGN A
MAXIMUM OF 48 SQUARE FEET IN AREA AND 8 FEET IN
HEIGHT IS ALLOWED BY CODE; APPROVING A SIGN
VARIANCE TO PERMIT TWO EXISTING LEASING SIGNS,
EACH 58 SQUARE FEET IN AREA AND 8 FEET IN HEIGHT
LOCATED ON THE EAST FRONTAGE OF BISCAYNE
BOULEVARD AND THE NORTH FRONTAGE OF NE 203
STREET WHERE ONE SUCH SIGN WITH A MAXIMUM AREA
OF 4 SQUARE FEET AND A MAXIMUM HEIGHT OF 4 FEET IS
ALLOWED BY CODE; APPROVING A SIGN VARIANCE TO
PERMIT TWO EXISTING LEASING SIGNS TO BE COLORED
BLUE AND RED WHERE CODE PERMITS ONLY BLACK AND
WHITE SIGNS; APPROVING A SIGN VARIANCE TO PERMIT
TWO EXISTING LEASING SIGNS TO BE LOCATED ON A
PERMANENT BASIS WHERE SUCH SIGNS ARE ALLOWED BY
CODE ONLY ON A TEMPORARY BASIS UNTIL FULL
OCCUPANCY OF AVAILABLE TENANT SPACE IS ACHIEVED;
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING AN UNIMPROVED, 260-
FOOT SEGMENT OF NE 205 STREET AND TWO UNIMPROVED
10-FOOT WIDE ALLEYS, TOTALING 682 FEET IN LENGTH,
LOCATED IN BLOCK 17 OF THE HALLANDALE PARK NO. 8
SUBDIVISION; PROVIDING FOR RECORDATION; PROVIDING
AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES: Commission Meeting
Commission Workshop
February 1, 2000
February 25, 2000
$. AGENDA: Request for Deletions/Emergency Additions
fi. SPECIAL PRESENTATIONS: None.
?. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are
not expected to require discussion or review. Items will be enacted by one motion. If discussion is
desired by any member of the Commission, that item must be removed fi.om the Consent Agenda and
considered separately.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CONCERNING FIREARM RELATED
VIOLENCE; EXPRESSING NEED FOR STATE AND FEDERAL
LEGISLATION ADDRESSING PROBLEM OF FIREARM
RELATED VIOLENCE; PROVIDING FOR EFFECTIVE DATE.
(Urges State and Federal Legislatures to enact legislation providing
effective programs for the mitigation of violence related to firearms)
MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$75,000 FOR 10 DEFIBRILLATORS, MOBILE COMMAND
VEHICLE, SURVEILLANCE EQUIPMENT AND K-9 DOG FROM
2
THE POLICE FORFEITURE FUND IN ACCORDANCE WITH
THE CITY MANAGER'S MEMORANDUM.
(Authorizes appropriation of monies from Police Forfeiture Fund to
purchase items listed above)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO.
2000-2-8 FOR PROFESSIONAL DESIGN SERVICES FOR THE
SOUTH SIDE OF THE AVENTURA BOULEVARD ENTRANCE
FEATURES PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND C.A.P. ENGINEERING CONSULTANTS, INC.;
AND PROVIDING AN EFFECTIVE DATE.
(Approves Work Authorization with C.A.P. Engineering for design of
entrance feature at south side of Aventura Boulevard at Biscayne
Boulevard)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, ADOPTING A COURSE OF ACTION
TO ADDRESS THE LIBRARY NEEDS AND SERVICES FOR THE
RESIDENTS OF THE CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR EFFECTIVE DATE.
(Establishes policies addressing the Library needs and services for the
City)
MOTION TO RATIFY THE CITY MANAGER'S RE-
APPOINTMENT OF JUDGE ALFRED ("FRED") NESBITT,
HERBERT L. KLIGER, J.D. AND ROBERT A. FRIEDMAN, ESQ.
AS SPECIAL MASTERS
(Provides for appointment of Special Masters for Code Enforcement
Hearings)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED ICMA RETIREMENT
CORPORATION PROTOTYPE MONEY PURCHASE PLAN &
TRUST REVISED ADOPTION AGREEMENT AND PROVIDE
FOR TRANSMITTAL TO THE ICMA RETIREMENT
CORPORATION; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Amends the vesting provisions of the City's 401(a) Money Purchase Plan
for general employees)
3
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
MULTI-AGENCY MONEY LAUNDERING AND ANTI-DRUG
TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT ATTACHED
HERETO; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement to form a multi-
jurisdictional task force to combat illegal money laundering, drug
trafficking and other drug law violations)
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
REQUESTING THE FLORIDA DEPARTMENT OF
TRANSPORTATION, MIAMI-DADE COUNTY PUBLIC WORKS
DEPARTMENT AND FLORIDA EAST COAST RAILWAY TO
PERMANENTLY OPEN THE N.E. 199m STREET RAILROAD
CROSSING AFTER COMPLETION OF THE N.E. 203~'° STREET
CONSTRUCTION PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING ZONING DISTRICT REGULATIONS CONCERNING
ABOVE GROUND FUEL STORAGE TANKS SERVING
EMERGENCY GENERATORS; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES BY CREATING
SECTION 2-258 "SURPLUS PROPERTY" OF ARTICLE IV
"FINANCE" OF CHAPTER 2 "ADMINISTRATION;"
ESTABLISHING PROCEDURES FOR PROPERTY DECLARED
SURPLUS TO THE CITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
AVENTURA, CHAPTER 2, ENTITLED "ADMINISTRATION" BY
CREATING ARTICLE VHI SECTIONS 2-400 - 2-412 ENTITLED
"EMERGENCY MANAGEMENT;" PROVIDING A FRAMEWORK
FOR THE DECLARATION OF EMERGENCIES, PROVIDING
FOR DEFINITIONS, AND AN EMERGENCY MANAGEMENT
4
STRUCTURE; PROVIDING FOR A DECLARATION OF A STATE
OF EMERGENCY, TERMINATION OF A STATE OF
EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY
EMERGENCIES, WEATHER EMERGENCIES, THE
SUSPENSION OF LOCAL BUILDING REGULATIONS, AND THE
CERTIFICATION OF EMERGENCY CONDITIONS; PROVIDING
FOR REPEAL, SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 30 "ENVIRONMENT" BY CREATING
ARTICLE V "TERMITE DAMAGE PREVENTION" CONSISTING OF
SECTION 30-180 "TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
10. RESOLUTIONS: None.
OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION RE: LENGTH OF TERM
OF ADVISORY BOARD MEMBERS AND TERM OF
CHAIRPERSONS (Commissioner Cohen)
DISCUSSION - RESOLUTION AGAINST INTOLERANCE
(Commissioner Cohen)
~2. REPORTS
~$. PUBLIC COMMENTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
Commission Meeting April 4, 2000 6 p.m.**
*Government Center 2999 NE 191 ~ Stnget Suite 500
**Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
CityCommission ~
Eric M. Soroka, City~a~gel~
Brenda Kelley, Co~jnity DeVelopment Direct~
February 18, 2000 ~ l (/
Request of Promenade Shops shopping center for sign variances to
permit two existing monument signs and two leasing signs to remain
along the east frontage of Biscayne Boulevard and the north frontage of
NE 203 Street. (01-SV-00)
March 7, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission deny the request for Sign Variances in that
they do not meet the criteria for granting of variances found in the City's Sign
Ordinance.
THE REQUEST
The applicant, the Prudential Insurance Company of America and Gumberg Asset
Management Corporation on behalf of the Promenade Shops shopping center, is
requesting the following:
1)
A sign variance to permit two existing pylon signs, each 450 square feet in area
and 30 feet in height to remain on the east frontage of Biscayne Boulevard
where the applicant is allowed one monument sign a maximum of 48 square feet
in area and 8 feet in height under the current code; and
2a) A sign variance to permit two existing leasing signs, each 58 square feet in area
and 8 feet in height located on the east frontage of Biscayne Boulevard and the
north frontage of NE 203 Street where one such sign with a maximum area of 4
square feet and a maximum height of 4 feet is allowed by code; and
2b) A variance to permit such leasing signs to be colored blue and red where code
permits only black and white signs; and
2c) A variance to permit such leasing signs to be located on a permanent basis where
such signs are allowed by code only on a temporary basis until full occupancy of
available tenant space is achieved.
(See Exhibit #1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
Prudential Insurance Company of America c/o
Prudential Reality Group
Prudential Insurance Company of America and
Gumberg Asset Management Corporation.
20301-20895 Biscayne Boulevard
28.91 acres
Tracts "A", "B", and "C", of the Plat of THE
PROMENADE SHOPS, according to the plat
thereof recorded in Plat Book 133, Page 39 of
the Public records of Miami-Dade County,
Florida.
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
B2 Community Business District
OP Office Park District
RMF3 Multi-Family Medium Density Residential
B2 Community Business District
CF Community Facilities District
MO Medical Office Park District
2
Existing Land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Shopping Center
Office Park
Residential
House of Worship, and
Vacant
Mixed Commercial
Future Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Business and Office
Medium High Density Residential
Business and Office
Business and Office
The Site- The subject site, the Promenade Shops shopping center, is located
between NE 203 Street and NE 207 Street on the east frontage of Biscayne Boulevard.
(See attached Exhibit #2 for location map).
ANALYSIS
Citizen Comments- The Community Development Department has received no
written citizen comments.
Community Development Department Analysis - In January 1997 the applicant
sought a building permit from the City of Aventura to erect two pylon signs. The
applicant was advised in writing by the City's Community Development Department that
the City was enacting new sign regulations prohibiting the installation of signs such as
that sought by the applicant. The applicant was advised to consider applying for a
conforming monument sign. (See attached Exhibit #3) On February 12, 1997 the
applicant responded in writing, acknowledging the City's position and indicated that
they desired to proceed with the originally proposed pylon signs. (See attached Exhibit
~)
It is not known when the two existing plywood leasing signs were erected. In October
1999 the signs were blown over. The applicants reinstalled them a few days later
without a permit. Subsequently, the City's Code Compliance Office issued a warning to
the applicant that the signs did not conform to City Code and required removal. The
applicant requested that the City delay action on the warning until after an Application
for Sign Variance could be heard at public hearing.
3
Criteria
The criteria for approval of sign variances as required by the City of Aventura Sign
Code (Chapter 9 of the Land Development Regulations) requires:
The sign variance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearance of the City and provided that
the Variance will be otherwise compatible with the surrounding land uses and
would not be detrimental to the community. No showing of unnecessary
hardship is required.
The requested sign variance does not promote the stability and appearance of the City.
The size, scale and design of the two pylon (pole) signs is not consistent with other
signage permitted by the City's Sign Code. The applicant was advised of this by the
Community Development Department at the time a building permit was sought from the
City. The applicant elected to proceed with the installation with the full knowledge that it
would soon be a non-conforming sign. The size and location of the elevated pylon
signs adjacent to the new elevated interchange would distract driver attention at a
location where safety requires each driver to be fully focused on the roadway. Staff
believes that signage of this intensity serves a function that is primarily one of
advertising or publicity. This is not in keeping with the basic purpose of the City's sign
ordinance, which is to allow signage that serves a legitimate directional purpose while
discouraging signage that functions primarily as a marketing or publicity device.
The size, scale and design of the two wood leasing signs is not consistent with other
temporary real estate signage permitted by the City's Sign Code. The use of bright
colors could distract driver attention and pose a roadway hazard. The use of a wooden,
painted sign, while appropriate for a temporary use, does not meet the City's standards
for appearance and durability when used in a permanent sign. The posting of a leasing
size on a permanent basis, irregardless of whether any leasing space is actually
available, functions primarily as advertising for the shopping center's management firm.
RECOMMENDATION
It is recommended that the City Commission deny the request for Sign Variances in that
they do not meet the criteria for granting of variances found in the City's Sign
Ordinance.
4
ASSET MANAGEMENT
December 21, 1999
City of Aventura
Community Development Department
2999 N.E. 191 Street, Suite 500
Aventura, FL 33180
Re: Sign Variances
Promenade Shops
Avemtura, Florida
Gentlemen:
This letter shall serve as a "Letter of Intent" to accompany the application for a public hearing for sign variances.
We are requesting four (4) sign variances to allow two leasing signs and two shopping center pylon signs to remain
on the property. The two pylon signs were registered as non-conforming signs on August 29, 1997 and are 15' wide
by 30' high and are located at two of the entrances to the shopping center on Biscayne Boulevard. The other two
signs are signs indicating the availability of leasing for the shopping center. They are both 4' high by 8' wide. One
currently exists at the main entrance (by the Shell station) on Biscayne Boulevard. The second leasing sign at the
Ives Dairy Road (203rd Street) entrance nearest to the Aventura Tire Center was removed due to the DOT road
widening project.
All of these signs serve a public benefit in that they provide identification and information as they are presently
visible on both roadways of the property. The DOT flyover project creates a severe hardship by impairing visibility
of our entrances and of all of these four signs. Our ability to do business and to lease space is severely impaired by
having to remove the leasing signs and make them comply with present code, which would be to reduce them to 4
square feet per sign, as opposed to 32 square feet (existing signs). The pylon signs, if removed and replaced by the
permitted monument signs of 8' in height by 6' in width, would not be tall enough to be visible due to the DOT
flyover project upper level roadway impairing the view of these signs.
The severe impact of the DOT flyover project affects our existing signage program. We respectfully request that
thews are gra~ to remain as they were originally permitted.
/md
enclosures
EXHIBIT #1
01-SV-00
3200 NORTH FEDERAL HIGHWAY, FORT
~3306-1033 T: 954-537-2700 F: 954-568-5340
SITE
EXHIBIT
01-SV-O0 __
LEGEND
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 19 ! ST STREET
SUITE 500
AVENTURA~ FLORIDA 33180
February 10, 1997
Gumberg Asset Management
3200 North Federal Highway
Ft. Lauderdale, FL 33306-1033
At'tn: David Siegel
re:
Sign permit application for The Promenade Shops
20301. Biscayne Boulevard
Dear Owner:
The City is in receipt of Dan Signs of Miami's application for two (2) large pole signs at The
Promenade Shops, 20301 Biscayne Boulevard.
Please be advised that the City of Aventura will shortly be adopting new signage regulations.
These new requirements will prohibit the installation of any pole signs and require the removal
of existing pole signs. Therefore, I am sure you realize the significant costs involved with the
installation of pole signs, at this time, and the removal of such in the very near future.
Because of the high visibility location of this sign, and the close proximity to a major entrance to
the City of Aventura, this location becomes even more important in providing a strong visual
impact for the residents and visitors of this area. Being a good corporate citizen, I feel that you
should strongly consider the installation of a monument sign. I will be waiting for a written
response to this letter prior to proceeding with the processing of your permit application.
Please feel free to contact me at (305) 466-8941 with any questions you may have.
Sincerely,
Brenda Kelley
Planner
cc: Eric Soroka, City Manager
Jaye Epstein, Community Development Director
Dan Signs of Miami
/lelt erlg umberg021097 EXHIBIT #3
P.o.E: 3o -.66-,01-SV-00
ASSET MANAGEMENT
Febmaryl2, 1997
Brenda Kelley
Planner
City of Aventura
2999 N.E. 191st Street
Aventura, Florida 33180
RECEIVED
Re: Promenade Shops
Aventura, Florida
Dear Ms. Kelley
In reference to your letter of 2/10/97, Please proce2xt in processing both permit applications for our sign contractor,
Dan's Signs of Miami, for the 2 poles signs for the Promenade shops. As per our phone conversation yesterday,
you said that you would expect a 3 to 4 day process in completing the transfer of the already previously issued Dade
County sign permits for these signs.
Please call me as soon as the permits are ready, so that I may alert my sign contractor to pick them up and proceed
with these signs.
Thanking you in advance for your prompt attention and cooperation.
"Director of Operations
EXHIBIT #4
01-SV-O0 ,,., co .
3200 NORTH FEDERAL HIGHWAY, F( ~. 33306-1033 T: 954-537-2700 F: 954-568-5340
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE FOR PROMENADE SHOPS, LOCATED AT
20301-20695 BISCAYNE BOULEVARD, TO PERMIT TWO
EXISTING MONUMENT (PYLON) SIGNS, EACH 450
SQUARE FEET IN AREA AND 30 FEET IN HEIGHT TO
REMAIN ON THE EAST FRONTAGE OF BISCAYNE
BOULEVARD WHERE ONE MONUMENT SIGN A
MAXIMUM OF 48 SQUARE FEET IN AREA AND 8 FEET IN
HEIGHT IS ALLOWED BY CODE; APPROVING A SIGN
VARIANCE TO PERMIT TWO EXISTING LEASING SIGNS,
EACH 58 SQUARE FEET IN AREA AND 8 FEET IN
HEIGHT LOCATED ON THE EAST FRONTAGE OF
BISCAYNE BOULEVARD AND THE NORTH FRONTAGE
OF NE 203 STREET WHERE ONE SUCH SIGN WITH A
MAXIMUM AREA OF 4 SQUARE FEET AND A MAXIMUM
HEIGHT OF 4 FEET IS ALLOWED BY CODE;
APPROVING A SIGN VARIANCE TO PERMIT TWO
EXISTING LEASING SIGNS TO BE COLORED BLUE AND
RED WHERE CODE PERMITS ONLY BLACK AND WHITE
SIGNS; APPROVING A SIGN VARIANCE TO PERMIT
TWO EXISTING LEASING SIGNS TO BE LOCATED ON A
PERMANENT BASIS WHERE SUCH SIGNS ARE
ALLOWED BY CODE ONLY ON A TEMPORARY BASIS
UNTIL FULL OCCUPANCY OF AVAILABLE TENANT
SPACE IS ACHIEVED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District, a non-residential district; and
WHEREAS, the Applicant, the Prudential Insurance Company of America and
Gumberg Asset Management Corporation on behalf of the Promenade Shops, through
Application No. 01-SV-00, has requested the following:
Resolution No.
Page 2
1) A sign variance to permit two existing pylon signs, each 450 square feet in area
and 30 feet in height to remain on the east frontage of Biscayne Boulevard
where the applicant is allowed one monument sign a maximum of 48 square feet
in area and 8 feet in height under the current cdde; and
2) a) A sign variance to permit two existing leasing signs, each 58 square feet in
area and 8 feet in height located on the east frontage of Biscayne Boulevard and
the north frontage of NE 203 Street where one such sign with a maximum area of
4 square feet and a maximum height of 4 feet is allowed by code; and
2) b) A variance to permit such leasing signs to be colored blue and red where
code permits only black and white signs; and
2) c) A variance to permit such leasing signs to be located on a permanent basis
where such signs are allowed by code only on a temporary basis until full
occupancy of available tenant space is achieved; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-SV-00 for Sign Variance, for two existing
monument (pylon) signs, each 450 square feet in area and 30 feet in height to remain
Resolution No.
Page 3
on the east frontage of Biscayne Boulevard where the applicant is allowed one
monument sign a maximum of 48 square feet in area and 8 feet in height under the
current code, on property legally described as:
Tracts "A", "B", and "C", of the Plat of THE PROMENADE SHOPS, according to
the plat thereof recorded in Plat Book 133, Page 39 of the Public records of
Miami-Dade County, Florida.
aka
Promenades Shopping Center
20301-20695 Biscayne Boulevard
is hereby granted exclusively to the applicant.
Section 2. Request for a Sign Variance to permit two existing leasing signs,
each 58 square feet in area and 8 feet in height located on the east frontage of
Biscayne Boulevard and the north frontage of NE 203 Street where one such sign with
a maximum area of 4 square feet and a maximum height of 4 feet is allowed by code is
hereby granted exclusively to the applicant.
Section 3. Request for a Sign Variance to permit two existing leasing signs to
be colored blue and red where code permits only black and white signs is hereby
granted exclusively to the applicant.
Section 4. A variance to permit two existing leasing signs to be located on a
permanent basis where such signs are allowed by code only on a temporary basis until
full occupancy of available tenant space is achieved is hereby granted exclusively to
the applicant.
Resolution No.
Page 4
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
, who moved
its adoption. The motion was seconded by
, and upon being
put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of March, 2000.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of
,2000.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka,~it~
Brenda Kelley, Comrhu,~ty D
February 18, 2000 ~-
;velopment Directo~
Request of Aventura Turnberry Jewish Center---Beth Jacob, Inc. for
Abandonment of Public Right-of-Way. (01-AR-00)
March 7, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the request of Aventura Tumberry
Jewish Center--Beth Jacob, Inc. for abandonment of public right-of-way.
THE REQUEST
The applicant is requesting abandonment of an unimproved, 260-foot segment of NE
205 Street and two unimproved 10-foot wide alleys, totaling 682 feet in length, located
in Block 17 of the Hallandale Park No. 8 Subdivision. The applicant is requesting this
abandonment to facilitate the current development of a recreational area and the future
expansion of their synagogue and school.
BACKGROUND
OWNER OF PROPERTY
City of Aventura
LOCATION OF PROPERTY
Unimproved NE 205 Street extending from NE 30
Avenue to the west approximately 260.24 feet, and all
the unimproved alleyways platted in Block 17 of the
SIZE OF PROPERTY
LEGAL DESCRIPTION
Hallandale Park No. 8 Subdivision except for a 32.21
foot segment adjacent to Lot 1.
Approximately 21,044 square feet (0.48 acres).
A portion of NE 205 Street (indicated as BERKSHIRE
DRIVE) as dedicated by the plat of HALLANDALE
PARK NO. 8, according to the plat thereof, as
recorded in Plat Book 20 at Page 49 of the Public
Records of Miami-Dada County, Florida. (A full legal
description and site map is attached as Exhibit #3)
and
All of the 10 foot wide Alleys within Block 17,
HALLANDALE PARK NO. 8, according to the Plat
thereof as recorded in Plat Book 20, at Page 49, of
the Public Records of Miami-Dada County, Florida;
Less and excepting therefrom that portion of the
northeasterly alley which lies northerly of the
southerly line of Lot 1 of said Block 17. (A site map is
attached as Exhibit #4)
SURROUNDING PROPERTIES
Zoning -
Subject Property B2
CF
North B2
East RMF3
South B2
CF
West B2
Community Business District
Community Facilities District
Community Business District
Multi-Family Medium Density Residential
District
Community Business District
Community Facilities District
Community Business District
Existing Land Use -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
vacant (a portion is under construction for recreation
area)
vacant
house of worship
residential
commercial
2
Future Land Use -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Medium High Density Residential
Business and Office
BACKGROUND
The Hallandale Park No. 8 Subdivision was platted in 1925. Block 17 was comprised of
42 residential lots. Et has never been developed. The easterly one-third of the block is
jurisdictional wetlands and is thus subject to County environmental regulation. Only the
westerly half of NE 205 Street (which forms the south boundary of Block 17) has been
built. It is used to provide access to the service areas behind the Promenade Shops
shopping center. The current application will not affect this part of the right-of-way.
In 1999, the Aventura Turnberry Jewish Center received an Administrative Site Plan
Approval from the City to develop half of Block 17 into a playground and recreational
area to service the synagogue and school. To facilitate this improvement, the City and
the Aventura Turnberry Jewish Center entered into an License Agreement For Use of
City Right Of Way in November 1999. Under this agreement, the Aventura Turnberry
Jewish Center agreed to hold the City harmless for use of the licensed land, name the
City as an also-insured on its liability insurance and to properly maintain the area. The
agreement will expire in November 2000. Since the Administrative Site Plan Approval,
the Aventura Turnberry Jewish Center has acquired additional land in Block 17 and
plans to develop additional ancillary facilities on the site in the future, subject to County
wetland regulations.
ANALYSIS
Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency,
all public interest in it must first be extinguished. Public interest can include, but is not
limited to, maintaining an appropriate traffic circulation system, maintaining adequate
landscaping, and ensuring that utility and access easements remain available if
needed.
Roadway Level of Service - The existing right-of-way of NE 205 Street forms a dead-
end approximately halfway along the south boundary of Block 17 and is accessible only
from NE 29 Avenue. NE 29 Avenue itself is accessible only from Waterways Boulevard
(NE 207 Street) with only right-in/right-out turn permitted. Thus, the potential
transportation benefit of the NE 205 Street property is negligible. The combination of
NE 29 Avenue and NE 205 Street is used primarily to reach service areas behind the
Promenade Shops shopping center. The potential transportation benefit of the two
3
alleys is negligible. Thus, the abandonment will have no impact on future transportation
levels of service.
Utility Easements -No utilities are located in either NE 205 Street or the two alleys.
Water and sewer lines servicing adjacent developments pass across a dedicated utility
easement on land owned by Aventura Turnberry Jewish Center to the south of NE 205
Street. No additional utility easements are needed in the vicinity.
Landscaping - The two right-of-way parcels contain no landscaping and are currently
vacant. Landscaping for those portions of the two alleys and NE 205 Street located
within the new recreational grounds is provided for in Administrative Site Plan Approval
16-SP-99. Because most of the remainder of the subject area is located in jurisdictional
wetlands, permitting issues will need to be resolved before specific landscaping
treatments for these areas can be determined.
RECOMMENDATION
It is recommended that the City Commission approve the request of Aventura Turnberry
Jewish Center--Beth Jacob, inc. for abandonment of public right-of-way.
4
James w. Lea~, PSM S~, Treasurer
180 No~heast168th Street
North M{am! Beach, Flor!da 33162-3412
Phone 305-653-4493
Fax 305-651-7152
December 23, 1999
City of Aventura
Community Development Department
2999 NE 19Pt Street, Suite #500
Aventura, FL 33180
Gentlemen:
Re:
Letter of Intent
Abandonment of Alley and Street Right-of-Way
Aventura Turnberry Jewish Center - Beth Jacob, Inc.
Job No. 9933
The enclosed public hearing application is for the abandonment of:
Alley, described on attachedExh'~blt' ' ...... A , Fortm, Leavy, Sidles, Inc., Drawing No. 1099A-116, in
2 sheets.
Street Right-of-Way, a portion ofNE 205t~ S~'eet, described on attached Exhibit "B', Fortin,
Leavy, Sidles, Inc., Drawing No. 1099A-116-1, in 2 sheets.
The abandonments of the alley and street are being requested to create a contiguous tract for the
development of facilities ancillary to the Aventura Jewish center, which abuts subject property on the
south side of NE 205th Street. The existing alley and street divide the property and limit its use for the
development of recreation facilities and possibly other future uses.
The applicant owns all property on both sides of the alley and the street that to be vacated.
The unimproved alley is only 10 feet wide and is not sufficient to provide vehicular access or utility
services to the abutting lots. The street right of way is not improved and it does not provide access or
utility services to any properties.
There are no existing utility facilities located in the alley or the street, and to the best of our knowledge,
none are proposed.
The granting of the abandonment will not adversely affect any other property owner, and it will relieve
the City of all maintenance responsibility and liability associated with public ownership of the alley and
street, which are not needed for public purposes.
Sincerely,
FORTIN, LEAVY, SKIl,ES, IN/~,~.
Carl L. Ski e~ P.E. ,, .. . :
Fla Registration #13617 .
9933Abandonmento fAlley.mg
EXHIBIT #1
01-AR-O0
EXHIBIT #2
01-AR-O0 --
LEGEND
N:E..--20 STR EET - -
I--T
I I II
LOCATION SKETCH
La SCALE 1"-L200'
LEGAL DESCRIPTION;
A portion of N.E. 205th Street os dedicated by the plot of HALLANDALE PARK NO. 8, according
to the plat thereof os recorded in PIct Book 20 ct Page 49, Public Records of Miomi-Dode
County, Florida, being more particularly described os follows:
BEGIN at the Northwest Corner of Tract "C", AVENTURA JEWISH CENTER, according to the PIct
thereof os recorded in Plat Book 147 ct Page 63, of the Public Records of Miomi-Dode County,
Florida; the following two (2) courses ore clang the southerly right-of-way line of said N.E.
205th Street and clang the northerly line of said Tract "C" and clang the northerly line of Tract
"B" of said plot of AVENTURA JEWISH CENTER; (1) thence S89'53'41"E for 256.03 feet to o
point of curvature with o circular curve concave to the southwest; (2) thence southeasterly
clang the crc of said curve, to the right, having o radius of 25.00 feet, through o central angle
of 89'01'11" for on crc length of 38.84 feet to o point of tongency with the westerly right of
way line of N.E. 30th Avenue also being the easterly boundary line of said Tract "B"; thence
NOO'52'50"W for 84.9.3 feet to o point on o curve, whose radius point bears N54'OO'25"W from
said point; the following two (2) courses ore clang the northerly right of way line of said N.E.
205th Street and also being clang the southerly boundary line of Block 17, of said plot of
HALLANDALE PARK NO. 8; (1) thence southwesterly along the crc of said curve to the right,
concave to the northwest, having a radius 25.00 feet, through o central angle of 54'06'44" for
on crc length of 2,3.61 feet to o point of tongency; (2) thence N89'55'41"W for 260.24 feet;
thence S00'56'50"E for 50.01 feet to th'e POINT OF BEGINNING.
EXHIBIT #3
01-AR-O0
L_ - N; E=205 STREET J
I I 1
,~ ,~ LOCATION J SKETCH
LJ SCALE 1 "-L200' ',
LEGAL DESCRIPTION:
All of the 10 foot wide Alleys within Block 17, HALLANDALE PARK NO. 8, occording
to the PIct thereof os recorded in PIct Book 20, ct Poge 49, of the Public Records
of Miomi-Dode County, Florido; Less ond excepting therefrom thor portion of the
northeosterly olley which lies northerly of the southerly line of Lot 1, of sold
Block 17, os soid line is extended westerly to the eosterly line of Lot 42 of
soid Block 17.
EXHIBIT #4
01-AR-O0
RESOLUTION NO,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ABANDONING AN
UNIMPROVED, 260-FOOT SEGMENT OF NE 205 STREET
AND TWO UNIMPROVED 10-FOOT WIDE ALLEYS,
TOTALING 682 FEET IN LENGTH, LOCATED IN BLOCK
t7 OF THE HALLANDALE PARK NO, 8 SUBDIVISION;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Applicant, Aventura Turnberry Jewish Center--Beth Jacob, Inc.,
through Application No. 01-AR-00, has requested abandonment of an unimproved,
260-foot segment of NE 205 Street and two unimproved 10-foot wide alleys, totaling
682 feet in length, located in Block 17 of the Hallandale Park No. 8 Subdivision, in
Aventura, Florida; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-AR-00 for abandonment of unimproved
NE 205 Street extending from NE 30 Avenue to the west approximately 260.24
feet, and all the unimproved alleyways platted in Block 17 of the Hallandale Park
No. 8 Subdivision except for a 32.21 foot segment adjacent to Lot 1, as legally
described as follows:
Resolution No.
Page 2
A portion of NE 205 Street (indicated as BERKSHIRE DRIVE) as
dedicated by the plat of HALLANDALE PARK NO. 8, according to
the plat thereof, as recorded in Plat Book 20 at Page 49 of the
Public Records of Miami-Dade County, Florida. (A full legal
description and site map is attached as Exhibit #1).
and
All of the 10 foot wide Alleys within Block 17, HALLANDALE PARK
NO. 8, according to the Plat thereof as recorded in Plat Book 20, at
Page 49, of the Public Records of Miami-Dade County, Florida;
Less and excepting therefrom that portion of the northeasterly alley
which lies northerly of the southerly line of Lot 1 of said Block 17.
(A full legal description and site map is attached as Exhibit #2).
is hereby granted.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
, who moved its
adoption. The motion was seconded by
.., and upon being put to a
vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this 7th day of March, 2000.
A~hurl. Snyder, Mayor
ATTEST:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of
. ,2000.
CITY CLERK
LOCATIONI SKETCH ,
t.J SCALE 1"-L200'
LEGAL DESCRIPTION:
A portion of N.E. 205th Street es dedicated by the plot of HALLANDALE PARK NO. 8, according
to the plot thereof os recorded in Plot Book 20 at Page 49, Public Records of Miami-Dada
County, Florldo, being more partlculerly described os follows:
BEGIN at the Northwest Corner of Tract "C", AVENTURA JEWISH CENTER, according to the Plat
thereof as recorded in Plot Book 147 at Page 65, of the Public Records of Miami-Dada County,
Florida; the following two (2) courses ore along the southerly right-of-way llne of said N.E.
205th Street and along the northerly line of sold Tract "C" and along the northerly line of Tract
"B" of said plot of AVENTURA JEWISH CENTER; (1) thence S89'55'41"E for 256.05 feet to o
~oint of curvature with o clrculor curve concave to the southwest; (2) thence southeasterly
along the arc of sold curve, to the right, hovlng o radius of 25.00 feet, through o central angle
of 89'01'11" for an arc length of 58.84 feet to o point of tongency with the westerly right of
way llne of N.E. 30th Avenue also being the easterly boundary line of said Tract "B"; thence
NOO'52'30"W for 84.95 feet to o point on e curve, whose radius point bears N54'OO'25"W from
said point; the following two (2) courses ore along the northerly right of way line of said N.E.
205th Street end also being along the southerly boundary line of Block 17, of said plot of
HALLANDALE PARK NO. 8; (1) thence southwesterly along the arc of said curve to the right,
concave to the northwest, hovlng a radius 25.00 feet, through a central angle of 54'06'44" for
on arc length of 23.61 feet to o point of tongency; (2) thence N89'55'41"W for 260.24 feet;
thence S00'56'50"E for 50.01 feet to the POINT OF BEGINNING.
Exhibit #1
01 -AR -00
CENTER OF SECTI°N 34-~
----_.
F ~ 7~07-STR E~7
--- N;E:-. 206-STREET
CO
I
~ ..... N; _F~2.0 5 S-TR BET
L-------~--I- .........
,' ,' LOCATION', SKETCH ,'
'~ SCALE 1"-200'
LEGAL DESCRIPTION:
All of the 10 foot wide Alleys within Block 17, HALLANDALE PARK NO. 8, occording
to the PIct thereof os recorded in PIct Book 20, ct Poge 49, of the Public Records
of Miomi-Dode County, Florido; Less ond excepting therefrom thor portion of the
northeosterly olley which lies northerly of the southerly line of Lot 1, of sold
Block 17, os sold line is extended westerly to the eosterly line of Lot 4-2 of
sold Block 17.
Exhibit #2
01-AR-00
CITY COMMISSION MEETING
(follo~ng LPA hea~ing)
Bis~yne Medicat A~s C~t~
21110 Bis~yne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 8:40 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M. Pedow, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 4,
2000 Commission meeting and January 21, 2000 Commission Workshop Meeting
was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and
unanimously passed.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None,
5. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment
to members of the Beautification Advisory Board (presented during LPA meeting).
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6C from the
Consent Agenda. A motion to approve the remainder of the Consent Agenda was
offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow,
unanimously passed and the following action was taken:
A. Resolution No. 2000-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "CARLISLE AT AVENTURA"
FINAL PLAT SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 2000-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION 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
D. Resolution No. 2000-08 was adopted as follows:
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2000-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING A CONTRACT FOR THE CITY'S
DENTAL INSURANCE PROGRAM TO MANAGED CARE OF NORTH
AMERICA/METLIFE; AUTHORIZING THE CITY MANAGER 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.
The following item was removed from the Consent Agenda and addressed separately:
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION 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 MIAMI-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.
2
Joseph Platnick, 18701 Biscayne Boulevard, addressed the Commission. A
motion for approval was offered by Commissioner Beskin, seconded by Vice
Mayor Berger, unanimously passed and Resolution No. 2000-10 was adopted.
7. PUBLIC HEARING: ORDINANCES - FIRST AND ONLY READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED
NORTH OF WILLIAM LEHMAN CAUSEWAY, SOUTH OF YACHT CLUB
WAY BETWEEN EAST COUNTRY CLUB DRIVE AND MYSTIC POINT
DRIVE FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS
AND OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Commissioner Rogers-Libert and seconded by
Commissioner Perlow to incorporate into this hearing all testimony, written and
verbal, relative to this item given at the preceding Local Planning Agency
meeting and to defer this matter to the April Commission meeting to provide for
further discussion at a Workshop and Town Hall Meeting. Mayor Snyder opened
the public hearing. There being no speakers, the public hearing was closed. The
motion passed, 6-1, with Commissioner Beskin voting no.
Mr. Weiss read the title to items 7B-E and 8A-D. A motion Was offered by
Commissioner Rogers-Libert, and seconded by Vice Mayor Berger to incorporate
into this hearing all testimony, written and verbal, relative to these items given at
the preceding Local Planning Agency meeting and to approve the ordinances
and provide for transmittal to the Florida Department of Community Affairs,
including all amendments recommended by the Local Planning Agency. Mayor
Snyder opened the public hearing. There being no speakers, the public hearing
was closed. Commissioner Perlow disclosed his conflict of interest relative to
item 7E, filed the appropriate Memorandum of Voting Conflict form and did not
vote on that item only, The motion for approval passed unanimously and the
following action Was taken:
B. Ordinance No. 2000-03 was enacted as follows:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF NE 28 COURT AND NE 185 STREET
FROM MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND
OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE.
3
C. Ordinance No. 2000-04 was enacted as follows:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT
2890 NE 187 STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL
TO TOWN CENTER; AND PROVIDING FOR AN EFFECTIVE DATE.
D. Ordinance No. 2000-05 was enacted as follows:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE PROPERTY LOCATED AT
THE NORTHEAST CORNER OF NE 213 STREET AND THEORETICAL
NE 32 AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
E. Ordinance No. 2000-06 was enacted as follows:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE THREE CONTIGUOUS
PROPERTIES LOCATED ALONG THE EAST FRONTAGE OF
BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191
STREET FROM TOWN CENTER TO BUSINESS AND OFFICE; AND
PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. The following ordinance was approved on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR
NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 29TM AVENUE
BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS
HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE.
B. The following ordinance was approved on first reading:
4
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE
RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST
COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
C. The following ordinance was approved on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213
STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A
LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL
CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. The following ordinance was approved on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NEW
POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
THE TERMS AND CONDITIONS FOR THE ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN
ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS
OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING
FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
MUNICIPAL OWNERSHIP OF A TELECOMMUNICATIONS SYSTEM;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
5
10.
11.
A motion for approval was offered by Commissioner Beskin and seconded by
Vice Mayor Berger. Matthew Leibowitz, Esq., and Braulio Baez, Esq., the City's
cable counsel, addressed the Commission and offered the following
amendments to the ordinance:
Section 2 L(4) to read as follows: revenues from the sale of local services for
resale and revenues from the lease of unbundled network elements
Section 4 - paragraph F - delete last phrase "and shall be applied consistent
with Section 337.401 (3) and (5), Florida Statutes."
Section 11 - Paragraph E - delete last phrase "which shall be applied consistent
with Section 337.401 (3) and (5), Florida Statutes."
Section 23 - (c) - add to end of first sentence "but shall not operate to impair
franchise rights expressly granted by prior City ordinance."
Mayor Snyder opened the public hearing The following individuals spoke:
Sharon Liebman, counsel for BellSouth; and Susan Delegal, Esq., counsel for
TCGI South Florida. There being no further speakers, the public hearing was
closed. The motion for approval failed 1-6, with Commissioner Beskin voting
yes.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 30 "ENVIRONMENT" BY CREATING ARTICLE V "TERMITE
DAMAGE PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL INSPECTION;"
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion to defer this matter to the March 7, 2000 Commission meeting was
offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and
passed, 6-1, with Commissioner Holzberg voting no.
RESOLUTIONS: None,
OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION RE: LENGTH OF TERM OF
ADVISORY BOARD CHAIRPERSONS(CommissionerCohen)
A motion to defer this item to the February Workshop meeting was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed.
6
12. REPORTS: Deferred.
13. PUBLIC COMMENTS: None
14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 9:45 p.m.
Approved by the Commission on
Teresa M. Soroka, CMC, City Clerk
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing wilt 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.
7
MINUTES
CITY COMMISSION
WORKSHOP MEETING
FEBRUARY 25, 2000 9 AM
Aventura Government Center
2999 NE 191st Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners 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. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
=
LIBRARY SUBCOMMITTEE REPORT: Commissioner Beskin reported on the
recommendation of this Committee. Unanimous consensus to proceed with Lease
Books Program. Consensus to proceed with services of a library consultant to
provide redesign of current facility and suggestions for improvement to meet City's
needs. City Manager to continue with negotiations with Miami-Dade County upon
completion of report by consultant. Formal consideration of this matter at next
Commission meeting.
3. OFFICE BUILDING SIGNAGE: Brenda Kelley, Community Development Director,
addressed Commission discussing staff's proposal for amendment to Sign Code.
Provision to address distance between office building and residential area to be
included pursuant to Commission concerns. Consensus to proceed with ordinance
implementing this amendment.
t. CULTURAL CENTER STUDY: Rich Heisenbottle, Heisenbottle & Associates, and
his consulting team addressed the Commission and explained the process to be
undertaken regarding the feasibility study.
4. GUN FREE ZONE: City Attorney David Wolpin explained the legal opinion he
issued relative to this matter. Chief Ribel expressed his concerns relative to this
issue. Consensus not to proceed with resolution drafted by City Attorney.
Commission directed staff to prepare a strong statement to be approved by
Commission and then provided to other municipalities and the federal government
expressing the City's position against guns.
7. BOARD REPORTS. Janet Laine, Chair of the Recreation and Cultural Arts Advisory
Board updated the Commission on the Board's activities.
5. DEFIBRILLATORS: Chief Ribel discussed the issues involved and his concerns in
implementation of defibrillators program. Consensus of Commission to provide 10
defibrillators for use in police vehicles and consider puffing defibrillators in all City
public facilities. Chief to provide statistics on number of cardiac calls during past
years.
NE 199TM STREET CROSSING (Commissioner Cohen): Commissioner Cohen
expressed his desire to have this crossing designated as permanent. City Attorney
to prepare a resolution urging appropriate agencies to keep this crossing
permanent.
Commission then discussed the lack of traffic control by Florida Highway Patrol and
Miami-Dade County involving the flyover project. City Attorney to address
Commission's concerns to the agencies responsible for this project.
ADJOURNMENT: There being no further business to come before the Commission at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 12:07 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission .>
Eric M. Soroka, c!!~an;
February 29, 2000
TO:
FROM:
SUBJECT:
Resolution - Firearm Related Violence Expressing Need for State
and Federal Legislature
March 7, 2000 City Commission Meeting Agenda Item '1 A
Attached hereto, please find a Resolution prepared by the City Attorney that addresses
the above subject as discussed at the February Workshop Meeting.
If you have any questions, please feel free t contact me.
EMS/aca
Attachment
CC0845-00
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING FIREARM
RELATED VIOLENCE; EXPRESSING NEED FOR STATE
AND FEDERAL LEGISLATION ADDRESSING PROBLEM
OF FIREARM RELATED VIOLENCE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura finds that violence
related to firearms disturbs the public peace and impairs the safety and security of
citizens, businesses and tourists; and
WHEREAS, Florida law, including Section 790.33, Florida Statutes, presently
preempts the ability of municipalities to develop effective municipal programs for the
mitigation of firearm related violence; and
WHEREAS, accordingly, municipalities must seek assistance from the State and
Federal government to address the problem of violence related to firearms.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section !. Recitals Adopted. That the above recitals are hereby confirmed
and adopted herein.
Section 2. Legislation Requested. That the City Commission hereby requests
that legislation be adopted at the State and Federal level which will provide effective
programs for the mitigation of violence related to firearms. Specifically, the City
requests that the Florida Legislature amend Florida laws so as to empower and
authorize Florida municipalities to adopt regulations combating the problem of violence
related to firearms. Further, the City requests that the United States Congress adopt
Resolution No. 2000-__
Page 2
legislation to provide enhanced funding and additional programs to combat the
occurrence of violence associated with firearms.
Section 3. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7~ day of March, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Disbursement of Police Forfeiture Funds
March 7, 2000 City Commission Meeting Agenda Item R
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to Expend
Funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $75,000 for 10 defibrillators,
mobile command vehicle, surveillance equipment and a K-9 dog from the
Police Forfeiture Fund in accordance with the City Manager's
memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. Purchase 10 external defribullators in the amount of $30,000.
2. Purchase mobile command vehicle in the amount of $30,000.
3. Purchase surveillance equipment in the amount of $1 0,000.
4. Purchase a replacement K-9 dog.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0844-00
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
Eric M. ,Soroka, C'~Ma, l~e~'
Februa~ 23, 2000
Hso o[ Forfeiture Fund~
Florida State Statutes 932.704 & 932.7055 requires that money resulting from
forfeitures be maintained in a special law enforcement trust fund, and that the
funds be expended only upon request of the Chief of Police to the governing
body of the municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of $75,000.00.
These items were not originally included in the Capital Budget for this fiscal year.
· Automatic External Defibrillators $ 30,000.00
· Mobile Command Vehicle $ 30,000.00
· Surveillance Equipment $10,000.00
· K9 $ 5,000.00
Total Expenditure Request:
$ 75,000.00
I certify that this requested expenditure complies with Florida State Statute
932.7055 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Automatic External Defibrillators
Ten units will be purchased and placed in selected police vehicles. Defibrillators
will be available 24 hours a day to provide emergency defibrillation when
needed.
Mobile Command and Tactical Vehicle
This vehicle will be used to provide a mobile field command post and
transportation for tactical officers and equipment.
Night Vision & Surveillance Equipment
This equipment will provide the resources to conduct protracted round-the-clock
investigations.
K9
This is a replacement dog. One dog is being retired due to illness.
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
BY:
TO:
FROM:
DATE: February 15, 2000
SUBJECT: Recommendation - Work Authorization No. 2000-2-8
Professional Design Services for Aventura Boulevard Entrance
Features (South Side)
March 7, 2000 City Commission Meeting Agenda Item 'lC
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization NO.2000-2-8 to CAP. Engineering Consultants, Inc. for
Professional Design Services for the design of Aventura Boulevard Entrance Features
(South Side) in the amount of $48,850.00. This project is included in the Capital
Improvements Program for the 1999/00 fiscal year.
Backaround
The project is to be designed in accordance with the City's Capital Improvement
Program and the landscaping and beautification concepts approved by the City
Commission. The cost includes civil, architectural, landscape and electrical design
work; a boundary, topographic and location survey; construction administration and
bidding services. The area of work is on the southeast corner of Biscayne Boulevard
and Aventura Boulevard. The proposed budget is $250,000.00.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 2000-2-8 FOR PROFESSIONAL
DESIGN SERVICES FOR THE SOUTH SIDE OF THE
AVENTURA BOULEVARD ENTRANCE FEATURES
PROJECT BY AND BETWEEN THE CITY OF AVENTURA
AND C.A.P. ENGINEERING CONSULTANTS, INC.; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 2000-2-8 ($48,850.00) for professional design services by and
between the City and C.A.P. Engineering Consultants, Inc.
Section 2. The City Manager is authorized to do alt things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
, who
Resolution No.
Page 2
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of March, 2000
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
(A.p. Engineering Consultants~ Inc: .....
February 10, 2000
Mr. Antonio F. Tomci
Capital Projects Manager
City of Aventura
2999 NE 191st Street, Suite 500
Aventura, Florida 33180
Re:
Work Authorization 2000-2-8 for Professional Engineering Services for Main
Entrance (South Side) at Biscayne Blvd. and Aventura Blvd., Aventnra, Florida
(Revised from previous one dated February 8, 2000)
Dear Mr. Tomei:
We appreciate the opportunity extended to C.A.P. Engineering Consultants, Inc. (CAP) by
requesting the submittal of this Work Authorization (WA) for Professional Engineering Services for
the above referenced projects. The following Scope of Services is based on the Design Concept "H",
dated October 25, 1999 and our conversation on January 31, 2000. It is hereby submitted for your
review and approval.
Scope of Services
Topographical, Boundary_ and Location Survey of Project Site. Easement for
Record
This task includes the following:
· Collection of existing as-built plans and utility information.
· Topographical Survey of the intersection of Aventura Blvd. and U.S. 1 (300 ft south
from the centerline of Aventura Blvd. Along the east half of U.S. 1, and 400 fi. East
from the centerline of U.S. 1, along Aventura Blvd.) The survey will show location
of all improvements and visible utilities within the project areas. We will review for
any utility conflict in the project areas.
· Provide easement legal description and sketch in recordable format for the entrance
feature area when it is finished.
Lump Sum Fee ........................................................ $4,000.00
B. Civil and Structural Design. Plans and Construction Administration
I. Construction Document Phase
This item includes Drainage Plans, Structural Plans for the proposed entrance wall,
100 Miracle Mile · Suite 300 · Coral Gables, Florida 33134
(305) 461 5484 · www capeng corn · Fax: (305)461-5494
February 8, 2000
Mr. Antonio F. Tomei
Re: Work Authorization 2000-2-8 for Professional Engineering Services for Main
Entrance at Biscayne Blvd. and Aventura Blvd., Aventura, Florida
Page 2
modification/reconstruction plans of the existing above ground irrigation pump.
Landscaping, Wall Architecture and Electrical Plans and construction related aspects are
listed in separate items.
1. Civil Plans, including paving, grading and drainage, sidewalk design ..... $4,000.00
2. Structural Plans, including wall and column structural, foundation design. . $2,000.00
3. Existing pump well modification/reconstruction Design ................ $1,000.00
4. Project coordination, 2 meetings with the City and sub-consultants ......... $750.00
Lump Sum Fee .................................................. $7,750.00
II. Permitting
This task includes the preparation of permit applications and submittals to FDOT and the
City for their approval. We will attend required meetings with DERM, FDOT and the City.
We will monitor the review process in an effort to expedite the permit process.
Lump Sum Fee .................................................. $1,000.00
III. Bid Package Preparation, Bidding Assistant and Award
We will prepare the bidding documentation and specification manual, assist the City in
reviewing the qualifications of potential bidders and the bids on behalf of the City. We will
also attend to the mandatory pre-construction meeting, respond to any request for
information (RFI).
Lump Sum Fee .................................................. $1,000.00
IV. Construction Administration
We will provide services during construction to include: review of contract submittals;
responses to questions and issuance of clarifications related to the documents, daily
inspection of the contractor's work to assist the City in monitoring the progress of the work
and compliance with the requirements of the contract documents; review and
recommendation of the contractor's request for payments; review and preparation of change
orders as may be required; final inspection and certification, punch list and contract
closeout.
Lump Sum Fee .................................................. $2,500.00
Sub-total Lump Sum Fee for Item B (Civil) ............................... $12,250.00
February 10, 2000
Mr. Antonio F. Tornei
Re: Work Authorization for Professional Engineering Services for Main Entrance at
Biscayne Blvd. and Aventura Blvd., Aventura, Florida
Page 3
C. Landscape Design. Plans & Contract Administration
Construction Document Phase
a. Dimensioned site plan defining hardscape and landscaped areas.
b. A detailed landscape plan.
c. A detailed irrigation plan.
d. Complete technical specifications for landscape, irrigation, and decorative
pavers.
e. Complete a lighting schematic defining the location and type of outdoor
lighting fixtures, including fixture catalog cut-sheets.
f. Complete detailed plans for signage and graphics.
II.
Bidding Phase
a. Respond to Bidders Request for Information.
b. Attend Pre-bid conference
c. Review and evaluate the landscape and irrigation portions of the competitive
bids.
III.
Construction Administration Phase
a. Attend the Pre-Construction Conference
b. Complete periodic observations during construction.
c. Prepare a reproducible set of landscape and irrigation "as-built" plan.
Our fee for Item C will be as follows:
Construction Document Phase
Bidding Phase
Construction Administration Phase
$14,600.00
$ 1,700.00
$ 4,2OO.OO
Sub-total Lump Sump fee for Item C (Landscape) ........................ $20,500.00
Do
Architectural Design & Plans
I. Construction Document Phase
The item includes Architectural drawings of plans and elevation for proposed
entrance wall, wall fixture selection, and building permit and bidding assistance.
Lump Sum Fee of Item D (Architect) ................................ $3,500.00
February 10, 2000
Mr. Antonio F. Tomei
Re: Work Authorization for Professional Engineering Services for Main Entrance at
Biscayne Blvd. and Aventura Blvd., Aventura, Florida
Page 4
Project Construction administration and inspection by Architect are not included in this
scope of service. These services will be billed on time & material bases at a rate of
$89.25~hour for actual service provided.
Lighting Design and Construction
The task includes electrical services as follows:
I. Design
1. Completed tracings of drawings for the work, coveting all phases of our design, in
accordance with a format determined by the City.
2. Electrical design associated with the replacement of the irrigation pump located
on the south side of Aventura Boulevard. Design of the pump station is covered
on Item B.
3. Electrical design of the landscape lighting system in accordance with the National
Electric Code, the Miami-Dade Edition of the South Florida Building Code and
all local requirements.
4. Final project specifications.
5. Coordination with Florida Power & Light Company for proposed service point
locations as outlined in the latest FP&L Electric Service Standards.
6. Final cost estimate for the work to be performed under this WOA.
7. Attend meetings to answer questions relevant to our design.
II. Construction
1 Services During Bidding
CAP will make available project representative to assist in the evaluation and
recommendation of bids submitted by approved contractors.
2. Services During Permitting
February lO, 2000
Mr. Antonio F. Tomei
Re: Work Authorization for Professional Engineering Services for Main Entrance at
Biscayne Blvd. and Aventura Blvd., Aventura, Florida
Page 5
CAP will make available project representative to assist in the permitting process and
answer questions relevant to the design.
Shop Drawing Review
Review and approve (or take other appropriate action in respect of) Shop Drawings
and samples, the results of tests and inspections and other data which each Contractor
is required to submit, but only for conformance with the design concept of the Project
and compliance with the information given in the Contract Documents (but such
review and approval or other action shall not exceed to means, methods, sequences,
techniques or procedures of construction or to safety precautions and programs
incident thereto); and receive and review (for general content as required by the
Specifications) maintenance and operating schedules and instruction, guarantees,
bonds and certificates of inspection which are to be assembled by Contractor(s) is in
accordance with the Contract Documents.
Issue Clarifications
Issue all instructions of the City to the Contractor(s); issue necessary interpretations
and clarifications of the Contract Documents; have authority, as the City's
representative to require special inspection or testing of the work; act as initial
interpreter of the requirements of the Contract Documents and judge of the
acceptability of the work there under, and make decisions on all claims of the City
and the Contractor(s) relating to the acceptability of the work or the interpretation of
the requirements of the Contract Documents pertaining to the execution and progress
of the work. The ENG1NEER shall render all interpretations or decisions in good
faith and in accordance with the requirements of the Contract Documents.
Site Visits
Make visits to the site at periods appropriate to the various stages of construction to
observe, as an experienced and qualified professional, the progress and quality of the
executed work of Contractor(s) and to determine in general if such work is
proceeding in accordance with the Contract Documents. Prepare trip reports to
document observations made during these inspections. The ENGINEER shall not
be responsible for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor(s) or the safety precautions and programs
incident to the work of the Contractor(s). It is tmderstood that CAP will not be
performing detailed quality control and inspection services such as checking the
installation of conduits for conformity with the electrical drawings and appropriate
manufacturer's shop drawings. The ENGINEER's efforts will be directed toward
providing a greater degree of confidence for the City that the completed work of
February 10, 2000
Mr. Antonio F. Tomei
Re: Work Authorization for Professional Engineering Services for Main Entrance at
Biscayne Blvd. and Aventura Blvd., Aventura, Florida
Page 6
Contractor(s) will conform to the Contract Drawings, but the ENG1NEER shall not
be responsible for the failure of the Contractor(s) to perform the work in accordance
with the Contract Drawings. During such visits and on the basis of on-site
observations, the ENGINEER shall keep the City informed of the progress of the
work, shall endeavor to guard the City against defects and deficiencies in such work
and may disapprove or reject work failing to conform to the Contract Documents.
Startup
CAP will make available a project representative to visit the construction site on a
periodic basis during project milestones and critical work. CAP reserves the fight
to request additional compensation should construction extend beyond the
Substantial and/or Final Acceptance periods except for delays resulting bom acts or
omissions of the Consultant.
Our scope of services on Item E shall include the electrical design for the irrigation pump
and the landscape lighting design at the west entrance (south side only) of Aventura
Boulevard and U.S.1. Our fee for this work in Item E shall be payable as follows:
When Plans are 60% Complete
When Plans are 90% Complete
When Plans are 100% Complete
Construction Phase - Billed per percent of
construction completeness
$3,700.00
$1,800.00
$ 700.00
$2,400.00
Sub-total Lump Sum Fee for Item E(Lighting & Electrical) ................... $8,600.00
Total Lump Sum Fee .................................................. $48,850.00
Reimbursable
It is our understanding that we shall be reimbursed for all out-of-pocket expenses directly chargeable
to the project. Typical reimbursable expenses include, but are not limited to: reproduction costs,
identifiable communication and travel exp~nses, express mail and courier services. We will charge
10% over costs to cover our administrative expenses.
Please note that this proposal does not include services that would be contracted directly by the
Owner and coordinated by our office. These may include soil boring, percolation test, etc. In
addition, any governmental application fees, and permitting fees will be the responsibility of the
City.
February 10, 2000
Mr. Antonio F. Tomei
Re: Work Authorization for Professional Engineering Services for Main Entrance at
Biscayne Blvd. and Aventura Blvd., Aventura, Florida
Page 7
If you find this Proposal acceptable, and wish to direct us to proceed with the aforementioned work,
please execute the enclosed copy in the space provided and return to me. This will serve as our
Notice to Proceed and upon it receipt, we will immediately begin working on the Scope of Service
described herein. If you have any questions, or wish to discuss this Proposal further, please contact
me, or Mr. Lin Li at your earliest convenience.
Very truly yours,
C.A.P.~nsultants, Inc.
Mariano V. Fernandez, P.E.
Vice President
ACCEPTED:
Erik Soroka
TITLE: City Manager
DATE:
MVF:ll
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:
DATE: February 29,200
SUBJECT: Resolution Adopting Course of Action Addressing Library Needs
and Services
March 7, 2000 City Commission Meeting Agenda Item JlJ....
Attached hereto, for your review and consideration, is the subject Resolution as
discussed at the February Workshop Meeting.
This Resolution establishes policies addressing the Library needs and services for the
City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0846-00
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, ADOPTING A
COURSE OF ACTION TO ADDRESS THE LIBRARY
NEEDS AND SERVICES FOR THE RESIDENTS OF
THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura finds that it is in
the best interests of the residents of the City to develop a policy which outlines a
course of action to address the library service needs of the community now and
in the future.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recital.s Adopted. That the above recitals are hereby
confirmed and adopted herein.
Section 2. Course of Action. The City Commission of the City of
Aventura hereby adopts the following course of action to address the library
needs and services of the City of Aventura:
a. Provide approximately $45,000 to fund the Lease Books Program
suggested by the Miami - Dade County Library Department to address
improvements to the book collections and business oriented materials.
This will be accomplished via an Interlocal Agreement between both
parties which would be for the exclusive use of patrons of the
Resolution No. 2000-~
Page 2
Northeast branch. The funding to begin with the 2000-2001 fiscal year
and be renewed on an annual basis at the City Commission's
discretion.
b. The City Manager is authorized to engage the services of a library
consultant to provide a recommended floor ptan and other necessary
redesign for a library to conform to the present and future needs of the
community.
c. The City Manager is authorized to re-open negotiations with Miami -
Dade County relative to the City of Aventura funding and operating the
existing library facility while still providing services to the current
unincorporated base area.
Section $. The City Manager is authorized to do all things necessary to
carry out the aims of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution
Commissioner
was as follows:
waS
, who moved its adoption.
offered by Commissioner
The motion was seconded by
, and upon being put to a vote, the vote
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Resolution No. 2000-__
Page 3
PASSED AND ADOPTED this 7th day of March, 2000.
ARTHURI. SNYDER, MAYOR
AFl'EST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY A'I-FORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, City M~nager
March 2, 2000
Re-Appointment of Special Masters for Code Enforcement Process
March 7, 2000 City Commission Meeting Agenda Item 7E
Recommendation
It is recommended that the City Commission ratify the City Manager's re-appointment of
Judge Alfred ("Fred") Nesbitt, Herbert L. Kliger, J.D. and Robert A. Friedman, Esq. as
Special Masters for the City of Aventura Code Enforcement Process.
Background
Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process
provides for the City Manager to appoint Special Masters, subject to City Commission
ratification, for a term of one year. It further provides that they may be re-appointed by
the City Manager, also subject to ratification by the City Commission. The above-
referenced individuals are submitted to you for rs-appointment as Special Masters.
If you have any questions please feel free to contact me.
EMS/tms
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
TO:
BY: port Services Director
DATE: February 29,2000
SUBJECT: Resolution Amending Money Purchase Plan
Commission Meeting Agenda Item '1 r::
Recommendation
It is recommended that the City Commission adopt the attached Resolution which changes
the vesting provisions of the City's 401 (a) Money Purchase Plan for general employees.
Background
In June 1996 the City Commission adopted 401(a) money purchase plans covering all full
time employees. Two plans cover the City Manager and Department Directors and
Assistant Department Directors. The third plan covers all other employees. This last plan
is generally referred to as the "General Employee Plan".
At the time that we adopted the General Employee Plan, we established the least
favorable vesting provisions that were allowed under Section 401. When we were
negotiating with the PBA, we determined that the vesting provisions contained in our
General Employee Plan was significantly less favorable than those offered by other cities
who provide 401 (a) plans to their police officers and other employees.
As a result, City staff agreed to the change in vesting provision for PBA bargaining unit
employees. The City Commission ratified the PBA agreement containing this change at
their February meeting.
This resolution will formally accomplish the change in vesting provision for PBA bargaining
unit members. Further, I recommend that the same improvement in vesting provisions be
afforded to all other employees who are included in the General Employee Plan. The
resolution and Revised Adoption Agreement accomplishes the change for both employee
groups.
Page (2)
Resolution Mending Money Purchase Plan
While the change in vesting schedule will have some financial costs because more
employees will vest at higher percentages, I believe that this improvement is justified for all
employees. Although we could legally offer a more beneficial vesting schedule for PBA
bargaining unit employees than for others in the General Employee Group, it would have
required that we establish a separate plan for the PBA bargaining unit and would have
resulted in lower morale and possibly further unionization by other components of our
workforce.
Also, from past experience, an unhappy employee with five years service who is "hanging
on" for the remaining two years to become 100% vested is a detriment to the overall
morale and efficiency of the entire organization. The same can be said of any employee
who is forced to remain at the City in order to vest or vest further in any retirement plan.
The fact that a good employee is or is not vested will not be the primary reason why they
decide to move on to a better job.
Based on the foregoing, I strongly recommend approval of the change in vesting provision
which will be accomplished by adoption of this resolution. If you have any questions or
need additional information, please feel free to contact me.
HMK/mn
FSS499-00
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED ICMA
RETIREMENT CORPORATION PROTOTYPE MONEY
PURCHASE PLAN & TRUST REVISED ADOPTION
AGREEMENT AND PROVIDE FOR TRANSMITTAL TO
THE ICMA RETIREMENT CORPORATION; 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 of Aventura has employees rendering valuable services; and
WHEREAS, in recognition of said valuable services, the City adopted Resolution No.
96-19 establishing money purchase plans for all full time City employees; and
WHEREAS, City staff and the City Manager recommend that the provisions
contained in Plan No 9534 covering employees other than the City Manger and
Department Directors and Assistant Department Directors be revised to reflect a more
favorable vesting schedule; and
WHEREAS, the City Commission concurs with said recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1: The City Manager is hereby authorized to execute the attached ICMA
Retirement Corporation Prototype Money Purchase Plan & Trust Revised Adoption
Agreement and provide for transmittal to the ICMA Retirement Corporation.
Section 2: The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3: This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
Resolution 2000-__
Page 2
who moved its
adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of March, 2000
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M'. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
REVISED ADOPTION AGREEMENT
Account Number C~ .5 ~ Of
The Employer hereby establishes a Money Purchase Plan and Trust to be known as City ot5 Aventu
Rmpl oyees Retirement Plan (the "Plan") in the form of the ICMA Retirement
Corporation Prototype Money Purchase Plan and Test.
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
{~1 Yes ~ No
If yes, please specify the name of the defined contribution money purchase plan which this Plan
hereby amends and restates:
III.
IV.
Employer:
Prototype Sponsor:
Name:
Address:
City of Aventura
ICMA Retirement Corporation
777 N. Capitol Street, N.E.
Washington, D.C. 20002-4240
Telephone Number: (202) 962-4600
The Effective Date of the Plan shall be the first day of the Plan Year during which the
Employer adopts the Plan, unless an alternate Effective Date is hereby specified:
Plan Year will mean:
The twelve (12) consecutive month period which coincides with the limita-
tion year. (See Section 6.05(i) of the Plan.)
The twelve (12) consecutive month period commencing on 10/0l and
each anniversary thereof.
REVISED ADOPTION AGREEMENT
V.
VI.
Normal Retirement Age shall be age ,59 L/2(not to exceed age 65).
ELIGIBILITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the Plan:
All Employees
All Full-Time Employees
Salaried Employees
Non-union Employees
Management Employees
Public Safety Employees
General Employees
X
Other (specify b~.low)
Ail employees other than City Manager, Department
Directors and Assistant Department Directors.
The group specified must correspond to a group of the same designation that is defined
in the statutes, ordinances, rules, regulations, personal manuals or other material in
effect in the state or locality of the Employer.
The Employer hereby waives or reduces the requirement of a twelve (12) month
Period of Service for participation. The required Period of Service shall be N/A
(write N/A if an Employee is eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the
Covered Employment Classification.
A minimum age requirement is hereby specified for eligibility to participate. The
minimum age requirement is N/A (not to exceed age 21. Write N/A if no
minimum age is declared.)
VII. CONTRIBUTION PROVISIONS
I. The Employer shall contribute as follows (choose one, if applicable):
Fixed Employer Contributions With Or Without Mandatory Participant
Contributions.
The Employer shall contribute on behalf of each Participant 12.0% of
Earnings or $0.0Cfor the Plan Year (subject to the limitations of Article VI
of the Plan). Each Participant is required to contribute O. 0 % of Earnings
or $0. OOfor the Plan Year as a condition of participation in the Plan. (Write
"0" if no contribution is required.) If Participant Contributions are required
under this option, a Participant shall not have the right to discontinue or
vary the rate of such contributions after becoming a Plan Participant.
REVlSEO ADOPTION AGREEMENT
The Employer hereby elects to "pick up" the Mandatory/Required Participant
Contribution.
~ Yes ~l No
[Note to Employer: Neither an opinion letter issued by the Internal
Revenue Service with respect to the Prototype P~an, nor a determination
letter issued to an adopting Employer is a ruling by the Internal Revenue
Service that Participant contributions that are picked up by the Employer ate
not includable in the Participant's gross income for federal income tax pur-
poses. The Employer may seek such a ruling.
Picked up contributions are excludable from the Participant's gross
income under section 414(h)(2) of the Internal Revenue Code of 1986 only
if they meet the requirements of Rev. Rul. 81-35, 1981-1 C.B. 255. Those
requirements are (1) that the Employer must specify that the contributions,
although designated as employee contributions, are being paid by the Em-
ployer in lieu of contributions by the employee; and (2) the employee must
not have the option of receiving the contributed amounts directly instead of
having them paid by the Employer to the plan.]
Fixed Employer Match of Participant Contributions.
The Employer shall contribute on behalf of each Participant % of Earn-
ings for the Plan Year (subject to the limitations of Articles V and VI of the
Plan) for each Plan Year that such Participant has contributed __% of
Earnings or $ . Under this option, there is a single, fixed rate of Em-
ployer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case no Employer contri-
bution will be made on the Participant's behalf in that Plan Year.
Variable Employer Match Of Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount de-
termined as follows (subject to the limitations of Articles V and VI of the Plan):
__% of the Participant contributions made by the Participant for
the Plan Year (not including Participant contributions exceeding % of
Earnings or $ );
PLUS % of the contributions made by the Participant for the
Plan Year in excess of those included in the above paragraph (but not includ-
ing Participant contributions exceeding in the aggregate __% of Earnings
or $ .).
Employer Contributions on behalf of a Participant for a Plan Year
shall not exceed $ or % of Earnings, whichever is ~l more or
~l less.
REVISED ADOPTION AGREEMENT
Each Participant may make voluntary (unmatched), after-tax contribution, subject to
the limitations of Section 4.05 and Articles V and VI of the Plan.
~[ Yes [~ No
Employer contributions and Participant contributions shall be contributed to the
Trust in accordance with the following payment schedule:
Bi-weekly __
VIII. EARNINGS
IX.
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
Yes ~l No
(b) Bonuses
Yes I~[ No
LIMITATION ON ALLOCATIONS
If the Employer (i) maintains or ever maintained another qualified plan in which any Par-
ticipant in this Plan is (or was) a participant or could possibly become a participant, and/or
(ii) maintains a welfare benefit fund (as defined in section 419(e) of the Code) or an indi-
vidual medical account (as defined in section 415(1)(2) of the Code, under which amounts
are treated as Annual Additions with respect to any Participant in this Plan) the Employer
hereby agrees to limit contributions to all such plans as provided herein, if necessary in order
to avoid excess contributions (as described iv. Sections 6.03 and 6.04 of the Plan).
If the Participant is covered under another qualified defined contribution plan
maintained by the Employer, other than a Regional Prototype Plan, the provisions
of Section 6.02(a) through (f) of the Plan will apply as if the other plan were a
Master Prototype Plan, unless another method has }~een indicated below.
Other Method. (Provide the method under which the plans will limit
total Annual Additions to the Maximum Permissible Amount, and will
properly reduce any excess amounts, in a manner that precludes Employer
discretion.)
REVISED ADOPTION AGREEMENT
If the Participant i~ or has ever been a participant in a defined benefit plan main°
mined b~ the Employer, and if the limitation in Section 6.04 of the Plan would be
exceeded, then the Particip~r% Projected Annual Benefit under the defined benefit
plan shall be reduced in accordance with the terms d~reof to the extent necessaW to
mti~/such limitatioru If such plan does not provide for such reduction, or if the
limitation i~ still exceeded after the reduction, annual additions shall be reduced to
the exumt ne~ ~ _~s~ry in the manner desctibed in Sections 6.01 through 6.03. The
methods of avoiding the limitation described in t~s l~ragraph will not apply if the
Employer indicates another method below.
Other Method. (Note rD Employer: Provide below language which will satisfy
the 1.0 limitation of section 415(e) of the Code. Such language must
preclude Employer discretion. See section 1.415- I of the Regulations for
guidance.)
3. The limitation year is the following 12-consecutive month period:
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to ( 1 ) the minimum
vesting requirements as noted and (2) the concurrence of the Plan Administrator.
Years of Specified Revised Percent Minimum
Service Percent Vesting Effective Vesting
~ Vestin~ 1 / 1/00 Reouirements* *
Zero 0 % No minimum
One ---O-- % 201 No minimum
Two ---O-- % 401 No minimum
Three ---gO-- % 60I Not less than 20%
Four ---/-+0-- % 801: Not less than 40%
Five __..~-T'_ % 1001 Not less than 60%
Six ---gO--% 100:~ Not less than 80%
Seven, or more ' 1[00 % Must equal 100%
( These mlmmum ve~tmg requireraent~ conform to the Code's three to seven year vesting
schedule. If the employee becomes 100% vested by the completion of five years of service,
there is no minimum for years three and four.)
Xl. Loans are permitted under the Plan, as provided in Article XIV:
Yes ~1 No
REVISED ADOPTION AGREEMENT []
XII. The Employer herel:~ attests that it is a unit of state or local government or an agency or
immanenmlit7 of one or more units of state or local government.
XIII.
The PrototTpe Spomor hereby agrees to inform u% Employer of any amendments to the
Plan made pursuant to Section 15.05 of the Plan or of the discontinuance or abandonment
of the;Plan.
XIV.
The EmploFer hereby appoints the PrototTl~ Sponsor as the Phn Administrator pursuaht to
the terms and conditions of the ICMA RETIREMENT CORPORATION PROTOTYPE'
MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the pwvisions of the Plan and Trust.
XV. The Employer hereby acknowledges it understancts that failure to properly flu out this
Adoption Agreement may result in disqualification of the Plan.
An adopting Employer may not rely on a notification letter issued by the National or
District Office of the Internal Revenue Service as evidence that the Plan is qualified
under section 401 of the Internal Revenue Code. In order to obtain reliance with
respect to plan qualification, the Employer must apply to the appropriate key district
office for a determination letter.
This Adoption Agreement may be used only in conjunction with basic Plan document
number 001.
In Wimess Whereof, the Employer hereby causes this Agreement to be executed on
this day of ,19 ,.
EMPLOYER
Accepted: ICMA RETIREMENT CORPORATION
By: ~ric m. ~oroka
Title; City Manager
Tide: Corporate Secretary
Attest: Attest:
REVISED ADOPTION AGREEMENT
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Commission
Eric M. Soroka, CiCa
March 2, 2000
SUBJECT: Resolution Authorizing Execution of "IMPACT" Voluntary
Cooperation Mutual Aid Agreement
March 7, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Multi-Agency Money Laundering and Anti-Drug Trafficking Task
Force between the Police Department and 12 law enforcement agencies.
BACKGROUND
The Florid Department of Law Enfomement has requested the following law
enforcement agencies to enter into the attached Agreement to form a multi-jurisdictional
task fome to combat illegal money laundering, drug trafficking and other drug law
violations:
1. The Florida Department of Law Enfomement
2. The Department of Highway Safety and Motor Vehicles, Division of
Florida Highway Patrol
The City of Coral Gables Police Department
The City of Miami Police Department
The City of Miami Beach Police Department
The City of North Miami Police Department
The City of North Miami Beach Police Department
The City of Homestead Police Department
The City of Aventura Police Department
4.
5.
6.
7.
8.
9.
Memo to City Commission
Page 2
10.
11.
12.
13.
The City of Golden Beach Police Department
The Monroe County Sheriff's Office
The Broward County Sheriff's Office
The Office of the State Attorney of the Eleventh Judicial Circuit of Florida
The Task Force's efforts are commonly referred to as "IMPACT". The parties to the
Agreement will be contributing personnel and resumes in support of the Task Force
efforts.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0848-00
RESOLUTION NO. 2000~
A RESOLUTION OF THE CITY COMMSSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN MULTI-AGENCY MONEY LAUNDERING
AND ANTI-DRUG TRAFFICKING TASK FORCE
("IMPACT") VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT ATTACHED HERETO; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Multi-Agency Money Laundering and Anti-Drug Trafficking Task Force
("Impact") Voluntary Cooperation Mutual Aid Agreement attached hereto.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Resolution No. 2000-._..
Page 2
PASSED AND ADOPTED this 7th day of March, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
MULTI-AGENCY MONEY LAUNDERING AND ANTI-DRUG
TRAFFICKING TASK FORCE ("IMPACT")
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
(January, 2000)
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-
jurisdictional task force intended to combat illegal money laundering, drug trafficking and other
drug law violations, and related criminal violations and to disrupt organizations engaging in such
activity through coordinated and long-term investigative, forfeiture, and prosecution efforts; and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, forfeiture, and regulatory actions against identified violators, as
appropriate; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary cooperation agreement for
cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines;
and
WHEREAS, the undersigned agencies acknowledge and recognize that they have been
operating under the existing agreement and modifications thereto, that the agreement has
continued in full force and effect, and express their present intent to renew and refine the
original agreement and subsequent renewals thereof in order to better reflect the continued and
present focus of the efforts of the agencies in this task force;
NOW THEREFORE, the parties agree as follows:
Each of the undersigned law enforcement agencies approve, authorize and enter into this
Agreement at the request of the Florida Department of Law Enforcement (FDLE) to implement
within the jurisdictional and other limits as noted herein the Money Laundering and Anti-Drug
Trafficking Task Force for the purposes and goals indicated.
Parties To This Agreement:
The Florida Department of Law Enforcement,
The Department of Highway Safety and Motor Vehicles, Division of Florida Highway Patrol,
The City of Coral Gables Police Department,
The City of Miami Police Department,
The City of Miami Beach Police Department,
The City of North Miami Police Department
The City of North Miami Beach Police Department,
The City of Homestead Police Department,
The City of Aventura Police Department,
The City of Golden Beach Police Department,
The Monroe County Shedff's Office,
The Broward County Sheriff's Office,
and
The Office of the State Attorney of the Eleventh Judicial Circuit of Florida
Additional parties may, at the request of FDLE and with the approval of the other task force
members, enter into this Agreement at a iater date as evidenced by their signing of this
Agreement. Any party may cancel its participation in this Agreement upon delivery of written
notice of cancellation to the Task Force Steering Committee ("Steering Committee"), made up
of representatives of each Party, which shall immediately forward same to Florida Department
of Law Enforcement.
Nature of Law Enforcement Assistance and Cooperation To Be Rendered:
The task force is to effect dedicated and intensive investigative, preventative, and general law
enforcement efforts primarily with regard to the investigation of illegal money laundering and
drug trafficking operations, other drug law violations and related crimes, and in efforts to
dismantle and disrupt the organizations committing such violations. The Task Force's efforts
are commonly referred to as "IMPACT." The principal g(~al of the task force shall be the
successful prosecution of perpetrators of such crimes, with particular emphasis on efforts
designed to identify and dismantle organized criminal enterprises. Such efforts shall include,
but are not limited to, undercover operations designed to detect illegal activity and to identify
those involved in such activity including those directing or otherwise controlling such activity,
interception of communications related to such activity as may be authorized by law, the arrest
and prosecution of those invoJved (utilizing state and federal or other prosecutions, as
appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise
supporting' such activity (utilizing state and federal forfeiture options, as appropriate); the
prosecution of regulatory and civil actions designed to end such criminal activity, as
appropriate; and the referral of investigative leads and intelligence to such other federal, state,
foreign or local law enforcement authorities as may be required and appropriate under the Task
Force's operations.
The Parties to this Agreement are contributing personnel and resources in support of the Task
Force efforts, with the operations of the Task Force being coordinated by FDLE and other Task
Force members.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by and
employee as a member of the employee's Agency. Nothing herein shall otherwise limit the
ability of participating task force members to provide, as provided by or allowed by law, such
assistance in any enforcement action unrelated to Task Force operations as may be lawfully
requested by a law enforcement officer having jurisdiction over any such incident, crime or
matter under consideration. Howeve,r, extension of jurisdiction under the authority of this
Agreement shall occur only as provided below.
EXTENSION OF PARTICIPANTS' JURISDICTION;
NOTIFICATION REQUIREMENTS:
The principal sites of Task Force activity are Miami-Dade County and Monroe County, Florida,
but Task Force activities may occur elsewhere within the State of Florida consistent with the
purpose and terms of this Agreement. As provided by Section 23.127(1), Florida Statutes, a
Task Force member engaged in an authorized Task Force operation outside the member's
jurisdiction but inside the State of Florida that is pursuant to, and consistent with, the purpose
and terms of this Agreement shall have the same powers, duties, rights, privileges, and
immunities under the laws of the State of Florida as if the member was performing duties inside
the member's jurisdiction as provided by the "Florida Mutual Aid Act" and this Agreement.
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 2 of 29 Pages
Whenever Task Force activities outside of Miami-Dade or Monroe County have resulted in an
arrest or seizure of property, the Sheriff of the County or the Chief of Police of the municipality
in which such activities have occurred shall be notified of the Task Force's actions within the
sheriff's or chief's jurisdiction.
Members of the Task Force operating outside their normal jurisdictions recognize that thei[
extra-territorial powers and authority are, unless otherwise supported by law, derived by and
through this Agreement. Activities shall be considered authorized and under the authority of
this Agreement when the activities have been approved and directed by an IMPACT Task Force
supervisor or command designee. No extension of jurisdiction or authority is granted solely by
reason of this Agreement for law enforcement activities unless they are approved and
supervised by a designated and approved Task Force supervisor and are related to Task Force
operations or have been encountered directly incident to an approved and supervised Task
Force operation.
Actual operations of the Task Force will be supervised and directed by any member(s) of the
Task Force agreed upon to serve in a supervisory rote. Each Task Force member participating
in a Task Force operation shall follow and adhere to, and is presumed to be following and
adhering to, the supervision and direction given by the designated supervisor of the operation.
If at any time the supervisor determines that the Task Force operation should be terminated, all
actions related to said operation as authorized by this Agreement are to be promptly terminated
in a manner assuring the safety 5f ail involved law enforcement officers. However, Task Force-
assigned officers or agents who are within their normal territorial jurisdiction(s) may, acting
unilaterally as officers or agents of their employing agency, engage in continued investigative
or enforcement actions as authorized by their agency supervisor(s). Any such unilateral actions
shall not be the operations of the Task Force and shall not fall within the privileges and
obligations of this Agreement.
Upon any termination of Task Force operations, the supervisor shall document the
circumstances of the termination, including whether there appears to have been an agency's
unilateral continuation of investigative or enforcement activity, and the documentation shall be
retained by the IMPACT Task Force. The Task Force and its member agencies are not
responsible for the actions of any participating agency or its officers or agents done after the
Task Force operation has been terminated or performed outside the scope of this Agreement.
A listing of Task Force personnel serving as supervisors or designated shall be maintained by
the IMPACT Task Force. Documentation shall be maintained by the Task Force that will reflect
the involvement of sworn members in each Task Force operation or investigative activity and
the assigned supervisor or designated leader for each such operation or activity. No member
of the Task Force shall engage in Task Force related activities that are unauthorized,
unreported or otherwise unknown to the assigned Task Force supervisor or designated leader
and which are not documented as provided herein.
Any officer or agent participating in Task Force operations shall promptly report to any Task
Force supervisor any suspected unauthorized, unreported, undocumented, or unsupervised
investigative or enforcement activity of Task Force personnel.
Any agency head of a party to this Agreement may request that a particular member of the task
force no longer be allowed to participate in the Task Force. Upon receiving the request, the
Task Force Steering Committee shall determine whether the request should be honored. Upon
receipt from the Steering Committee of a request to no longer allow a particular agency
member's participation in the Task Force, the employing Agency shall promptly terminate the
member's participation in the Task Force. Absent an objection by any other Party to this
Agreement, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 3 of 29 Pages
of its sworn or support employees participating in the Task Force. If a Party objects to any such
action, the Steering Committee shall determine whether the action may proceed or be
maintained.
If a conflict arises between an order or direction provided by the assigned supervisor or
designated leader and a Task Force member's employing Agency's rules, standards, o¢
policies, the conflict shall be promptly reported to the supervisor or leader when circumstances
safely allow a concern to be raised. The supervisor or team leader, in conjunction with
available members of the IMPACT governing board as may be necessary, shall attempt to
resolve the conflict in a manner to allow the Task Force operation to continue appropriately. No
officer or agent shall be required to knowingly violate the policy of his or her employing agency
while participating in Task Force operations.
The Parties to this Agreement may, by a written memorandum of understanding or written
attachments to this Agreement, identify or further define particular guidelines, policies, or
procedures to be utilized by members of the Task Force when engaged in Task Force
operations, provided that all such guidelines, policies and procedures are consistent with
Flodda law and Florida or federal forfeiture guidelines and the terms of this Agreement.
However, Task Force members' jurisdiction as provided under this Agreement may not be
altered by any such written attachment. In the absence of a wdtten memoranda of
understanding or attachments, the policies and procedures to be utilized by Task Force
members shall be clearly ider~tified by the Task Force supervisor, or if a supervisor is
unavailable, by a Task Force team leader as designated by the supervisor. Written guidelines,
policies, or procedures adopted for use by the Task Force as provided herein may not be
waived or abandoned by Task Force supervisors or participants. However, when engaged in
Task Force operations no Task Force member will be expected or required to violate or
otherwise fail to maintain the member's employing Agency's standards of conduct, or be
required to fail to abide by restrictions or limitations as may be imposed by law, or the member's
employing Agency's rules, standards, or policies.
USE AND DISTRIBUTION OF SEIZED FUNDS AND PROPERTY;
TASK FORCE ADMINISTRATIVE EXPENSES:
The Parties to this Agreement recognize that law enforcement is the principal objective of all
asset forfeiture and that; as mandated by Section 932.704(11)(a), Florida Statutes, as enacted
by Chapter 95-265, Laws of Florida, the Task Force's operations and each Party's use of
property, currency, or proceeds received by reason of state forfeiture actions are to conform
with "Florida's Forfeiture Guidelines" as developed and adopted by the Florida Department of
Law Enforcement, the Florida Sheriffs Association, and the Florida Police Chiefs Association, a
copy of which are incorporated herein as Attachment C. In the case of federal forfeitures,
applicable federal guidelines apply.
All Parties recognize that they are to avoid the appearance of impropriety in the acquisition,
sale, retention or transfer of any forfeited property, currency or proceeds derived from such
forfeiture, and that forfeiture funds may not be used to meet normal law enforcement agency
operating expenses of each Party.
The Task Force has no independent authority to expend or dispense funds or incur financial
obligations. Authorizations for expenditures must be consistent with law and authority granted
to participating agencies. The City of Coral Gables Police Department as empowered by the
City of Coral Gables is currently responsible for handling the administrative and support
expenses incurred by the Task Force in its operations ("Administrative Party"). Such expenses
for which expenditure has been authorized may include, but are not limited to, expenses
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 4 of 29 Pages
incurred in the storage of seized funds pending forfeiture, expenditures for rent of Task Force
facilities, rental of vehicles utilized in Task Force investigative activity, providing phones, desks,
office supplies and equipment in support of'Task Force operations, and the payment of the
salaries of a limited number of Task Force administrative and operational support personnel. If
properly authorized by law and the party's governing body, any other party to this Agreement
may be authorized by the Steering Committee to assume the role of Administrative Party. ~
Administrative expenses do not include the salaries or overtime compensation of officers,
agents, analysts, or other employees of Party agencies assigned to the Task Force, or the
purchase of regular or special equipment or resources by a Party agency that may be or are
utilized in support of Task Force operations Compensation for such costs is the sole
responsibility of the employing agency, and may, if authorized by law and applicable forfeiture
guidelines, be paid from forfeiture funds received by the agency.
Anticipated administrative expenses for a budget year are to be identified by the Administrative
Party as a Task Force operational budget item, and are to be approved for reimbursement by
the Steering Committee in the Task Force operational budget for the fiscal year. The Steering
Committee may approve all or a portion of the proposed administrative expenses. Once
approved, the administrative expenses may be reimbursed to the Administrative Party in the
manner noted below. The Administrative Party is not obligated to expend resources in
administrative support of the Task Force if the Steering Committee does not approve the
expenses for reimbursement vid the budget process. All Parties acknowledge that the Task
Force itself has no authority to independently authorize the expenditure of seized or forfeited
funds, or to make grants from such funds to others. As a result, reimbursement to the
Administrative Party (currently the Coral Gables Police Department) for its administrative
expenditures shall be done by a voluntary deferral of each Party's equitable share of forfeiture
funds otherwise due to it in the manner set forth below.
Florida and Federal forfeiture laws allow multiple agencies participating in the seizure and
forfeiture of property to equitably proportion the distribution of such property upon successful
conclusion of the forfeiture. Distribution of the proceeds from successful forfeiture actions shall
be equitable among the Parties to this Agreement and shall take into account their relative roles
in support of the efforts of the Task Force unless an alternate distribution allocation among the
Parties has been agreed to.
To reasonably address the additional expenses incurred by the Administrative Party for the
administrative and support expense role described herein and approved by the Steering
Committee in its operational budget, the other Parties agree that their respective proportionate
share in the distribution of forfeited funds will be reduced as approved~ by the Steering
Committee in such manner and amount to effect an increase in the share of forfeitures received
by the Administrative Party (currently, the Coral Gables Police Department) for the extra
administrative expenses so incurred.
All Parties have an equitable ownership in the funds seized for forfeiture and interest earned on
those funds pending perfection of ownership via final order of forfeiture. However, to further
address the additional expenses incurred by the Administrative Party for the administrative and
support expense role described herein and approved by the Steering Committee in its
operational budget, the Parties have agreed that all interest earned yearly on funds seized and
pending forfeiture up to a maximum amount set by the Steering Committee at the time the
yearly budget is approved shall be distributed to the Administrative Party upon final order of
forfeiture in a manner consistent with this Agreement and law, with such funds to be applied to
the approved administrative and support expenses. Any interest earned yearly in excess of the
maximum amount set by the Steering Committee shall be included in the funds to be equitably
distributed among the Parties to this Agreement and shall take into account their relative roles
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 5 of 29 Pages
in support of the efforts of the Task Force unless an alternate distribution allocation among the
Parties has been agreed to.
The Steering Committee may approve on a case-by-case basis the adjustment of one or more
distributions of forfeiture funds to Task Force participating agencies to specifically increase a
Party's share of forfeiture distribution funds for an unusual or substantial expense incurred by
the Party directly associated with its participation in Task Force activities. In order for such
reimbursement to occur, the expenses must have a substantial nexus with the Task Force's
operations and mission. The Task Force members acknowledge they have no independent
authority by reason of this Agreement to disburse funds other than as authorized by law and as
approved by each party's governing entity.
The Parties to this Agreement acknowledge that under federal guidelines, funds derived from
federal forfeitures are not to be commingled with funds derived from state forfeitures, and are to
be maintained in a separate trust fund account, to be expended only in a manner as allowed by
applicable federal guidelines. All Parties agree to file in a timely fashion ail reports or
accountings of receipts or expenditures of forfeiture funds as are required by state or federal
law or applicable guidelines.
The Steering Committee shall assure regular training of Task Force officers and agents as
required by the State Guidelines occurs.
PROPERTY SEIZURE AND FORFEITURE CONSIDERATIONS:
No funds or other property seized by Task Force operations are to be utilized by any Task
Force agency prior to successful forfeiture or until title or interest in the funds otherwise lawfully
vests in one or more Task Force agencies. Forfeiture actions based upon seizures made by
the Task Force may be pursued in either state or federal actions. Actions shall be based upon
current statutory and case law, and shall be consistent with applicable state or federal forfeiture
guidelines. The Parties agree that the Office of the State Attorney of the Eleventh Judicial
Circuit, through its attorneys, witl be primarily responsible under this Agreement for pursuing all
Task Force forfeiture actions on behalf of all of the Parties in state court in Miami-Dade County;
that the Florida Department of Law Enforcement will be primarily responsible for forfeiture
actions in Florida state court other than in Miami-Dade County; and that the Office of the United
States Attorney, Southern District of Florida, will be primarily responsible for federal forfeiture
actions. However, this provision shall not preclude the use of other forfeiture attorneys or
personnel as needed on particular matters and as authorized by the Steering Committee and
agreed to by the above-noted three primary entities responsible for forfeiture litigation.
Any Party to this Agreement or any prosecutor handling the criminal prosecution of Task Force
cases may request copies of forfeiture complaints and pleadings filed by reason of Task Force
seizures and such copies shall be promptly provided to the requester. Forfeiture actions are to
be coordinated with criminal prosecutions. If any legal dispute or concern as to the form or
sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force
agency(les) in seized cash or property is raised by any of the Parties to this Agreement, an
attempt to resolve the issue through informal discussion and contact shall_be made. In the
event any Party responsible for filing and handling a forfeiture action believes there is an
insufficient basis upon which to pursue the forfeiture of particular seized cash or property, and
the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed.
All options available under law to state and local law enforcement agencies with regard to
unclaimed evidence or abandoned property, gifts and plea agreements are available to the
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (Januaw, 2000)
Page 6 of 29 Pages
Task Force, provided the property under consideration otherwise qualifies under law for such
consideration.
GUIDELINES FOR MONEY PICKUPS, TRANSFERS AND SECURITY;
AUDITS AND REVIEWS:
The Parties to this Agreement recognize that substantial sums of cash will be seized by reason
of Task Force operations, and are committed to assuring that all such seizures are done with
the greatest degree of security and integrity possible. The Task Force will utilize procedures
established by written directive of the Task Force relating to the seizure of property for forfeiture
and the seizure of contraband. At no time shall a Task Force participant seize, handle,
transport or count seized funds alone.
The Task Force will utilize procedures established in writing by the Task Force relating to the
handling of evidence. A copy of Task Force Directive 1.3, relating to forfeitures and seizures, is
attached as Attachment A to this Agreement. A copy of Task Force Directive 1.4, relating to
the handling of evidence, is attached as Attachment B to this Agreement. Both of these
Directives currently apply to Task Force operations. The Parties to this Agreement
acknowledge in signing this Agreement that they have reviewed the Attachments.
The Task Force may modify, supplement or substitute written guidelines, provided that any
modification, supplementation, or substitution assures as a minimum that all non-cash property
coming into the custody of Task Force members shall be treated as evidence, utilizing standard
and commonly-accepted means of securing and handling same, and that all seizures of cash
shall be done with appropriate checks and balances implemented to assure that all cash seized
is accounted for, and properly secured until such time as title or interest in such funds lawfully
vests in the seizing agency(les) and the Task Force. Copies of written guidelines or directives
shall be provided any Party upon request.
The Florida Department of Law Enforcement may at any time order a review and audit by
FDLE's Inspector General's Office of Task Force operations with regard to the seizure and
handling of all evidence, property or cash, use and disposition of property, currency or proceeds
received by any Party by reason of a forfeiture, or any other aspect of Task Force operations.
The Steering Committee may request at any time that such a review and audit be performed by
FDLE. The Parties agree to cooperate in any such audit by allowing full access to documents,
personnel and facilities necessary to perform the audit function. The Parti.es agree to cooperate
in any federal audit of Task Force forfeiture activities as may be required or requested by the
United States government, i
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 7 of 29 Pages
COMPLAINTS AGAINST TASK FORCE MEMBERS:
Each person assigned to the Task Force shall promptly report any suspected criminal activity or
violation of rule or policy of any other member of the Task Force or any person with whom the
Task Force is conducting business. ~
Whenever a complaint has been lodged as a result of Task Force efforts, a designee of the
Florida Department of Law Enforcement shall ascer/ain at a minimum:
The identity(les) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint any supporting evidence or facts as may be available,
including the names and addresses of witnesses to that which has been complained about, the
identity(les) of the Task Force participant(s) accused and the employin9 Agency(ies) of the
participant(s) accused.
FDLE will promptly provide to each affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing Agency
shall, upon completion of said review, promptly notify FDLE of its findings and any actions
taken.
Upon assignment to the Task Force, and once yearly, each person assigned to the Task Force
shall be provided notification that he or she is obliged to report any wrongdoing or impropriety
by any Task Force personnel. A local method of reporting such shall be provided, and the
name, email address and phone number of the Director of FDLE's Executive Investigations
shall also be provided as an option for making any such report. (The current Director of FDLE's
Executive Investigations is Jamie McLaughlin, iamicmclau~;[~lin(~£d]e.state.fl.us, whose phone
number is (850) 410-8240.)
INTERPLAY WITH FEDERAL AUTHORITIES:
The Parties to this Agreement recognize that the federal law enforcement authorities have
requested that the efforts of the Task Force be closely coordinated with federal authorities
having interests in money laundering investigations. The Parties recognize that federal agents
will, as- necessary, be co-located at the Task Force headquarters or otherwise provided access
to Task Force operations and planning.
No movement of money having interstate or international implications, including transactions
such as dollar/peso transactions which are directly intended to facilitate or are otherwise a
precursor transaction to international movements of money, will occur unless the federal
agent(s) assigned to work with the Task Force are provided prior notice. The federal agent(s),
upon receiving notification as provided herein, may coordinate the Task Force's efforts with
other federal law enforcement agencies and advise them of the proposed transaction(s). If a
federal agency has an objection to any proposed operation of the Task Force involving
interstate or international movements of money, the operation is not to proceed until an attempt
to resolve the federal objection is made, giving federal interstate and international
responsibilities and concerns appropriate deference. The Task Force shall not engage in
international movements of money absent federal notification and shall not engage in such
movements without securing authorization and participation from at least one Federal agency
having appropriate jurisdiction.
LIABILITY AND RELA TED ISSUES;
TASK FORCE SUPPORT CONSIDERATIONS:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 8 of 29 Pages
Each Party engaging in any mutual cooperation and assistance pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct of such
Party's own employees while such employees are engaged in rendering such aid, cooperation
and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable. ·
Each Party to this Agreement agrees to furnish necessary personnel, property, police
equipment, vehicles, resources and facilities to render services to each other Party to this
Agreement in order to effect the purposes of the Task Force and agrees to bear the cost of loss
or damage to its equipment, vehicles, or property so provided. Parties understand and agree
that they will be responsible for their own liability and bear their own costs with regard to their
property and resources, or personnel expenses incurred by reason of death, injury or incidents
giving rise to liability. This provision shall not preclude, as otherwise authorized herein, the
purchase of administrative support property or resources.
Each Agency furnishing aid pursuant to this Agreement shall compensate its employees during
the time such aid is rendered and shall defray the actual expenses of 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. The privileges and
immunities from liability, exe.m, ption from laws, ordinances, and rules, and all pension,
insurance, relief, disability, workers' compensation, salary (including overtime compensation or
compensatory time), death and other benefits that apply to the activity of an employee of an
Agency when performing the employee's duties within the territorial limits of the employee's
Agency shall apply to the employee to the same degree, manner, and extent while such
employee acts under this Agreement. This provision shall not preclude payment by a Party of
compensation (including overtime compensation) to the Party's officers, agents, analysts, or
other personnel assigned to the Task Force, if allowed by Florida or federal law and applicable
state or federal guidelines, through the use of legally vested Task Force funds if the Party has
obtained the necessary approval and authorization for such payment from the Party's governing
commission or (if a state agency) the Legislature.
The privileges and immunities from liability, exemption from laws, ordinances , and rules, and
pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits
that apply to the activity of an employee of an agency when performing the employee's duties
within the territorial limits of the employee's agency apply to the employee to the same degree,
manner, and extent while engaged in the performance of the employee's duties extraterritorialty
under the provisions of this Agreement. Each participating Party shall bear its own liability
arising from acts undertaken under the Agreement except as may be otherwise allowed under
Chapter 23, Florida Statutes, and any agreement by a participant to the contrary is void. The
Administrative Agency may request purchase of optional insurance or other reasonable actions
by the other Parties as a means of helping reduce the Administrative Agency's exposure to
claims or liability incurred solely by reason of its role as Administrative Agency in renting
automobiles or entering into contractual agreements on behalf of the Task Force. Such
requests shall be approved by the Steering Committee, but if not approved, the Administrative
Agency shall not be obligated to enter into any particular rental or contractual obligation on
behalf of the Task Force.
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 9 of 29 Pages
OBLIGATION TO COORDINA T~E WITH PROSECUTOR'S OFFICE:
A principal goal of this Task Force is the successful prosecution of criminal violators,
Successful prosecution requires close coordination with prosecuting authorities, both in the
state and federal courts. Members of the Task Force are obligated to coordinate their efforts ir~
such a way as to support the efficient prosecution of cases, including, but not limited to, prompt
responses to requests from prosecutors for information or assistance in handling Task Force
generated cases, and reasonable availability for pretrial conferences with prosecutors,
discovery depositions, pretdal hearings and trials. Civil or administrative actions derived from
Task Force operations are likewise to receive coordinated support efforts from Task Force
members.
Task Force supervisors shall monitor the efforts of Task Force members in support of criminal
prosecutions, civil actions, administrative actions and forfeiture cases. Such monitoring shall
include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the
Task Force to assure the expected level of support from Task Force members is occurring.
Failure by a member of the Task Force to support such efforts on a routine and regular basis in
the manner set forth herein shall constitute grounds for removal from the Task Force.
PRIMARY TASK FORCE EFFORTS;
SEMIANNTJAL PROGRESS ASSESSMENT:
The Task Force has as its prime mission these primary areas of activity:
Money laundering investigations, including the seizure and forfeiture of funds derived from
drug or other criminal activity and the investigation and prosecution of those involved in
such activity;
Criminal investigation and prosecution of those involved in organized drug trafficking
enterprises and those involved in other drug related criminal activity, and efforts to disrupt
and dismantle organizations involved in such illegat activity.
The Parties agree to provide sufficient and continued support and personnel resources to each
of the above areas of activity, in a manner and to an .extent determined and approved by the
Steering Committee, or as may be requested by the Florida Department of Law Enforcement.
The Steering Committee no less than twice yearly review and evaluate the progress and
success of efforts in each of the primary areas of activity. To the extent resources are
available, they shall be reallocated to address observed deficiencies or to otherwise better
assure the balanced success of the primary Task Force efforts.
COPY TO EACH PARTICIPATING TASK FORCE MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Task Force member
so that each member may be fully aware of the powers, limitations, and expectations applicable
to Task Force members and operations.
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 10 of 29 Pages
TERM AND EFFECT OF AGREEMENT; OBLIGATION TO TIMELY RATIFY;
MEANS OF CANCELLATION; A UTOMA TIC EXTENSION; INTERIM
CLARIFICATIONS OR MOD~FICA TIONS:
This Agreement is a clarification, continuation, and renewal of the original Agreement first
establishing the Task Force and all subsequent renewals thereof. It shall be effective as to the
executing Parties upon execution by the Florida Department of Law Enforcement and at least
one other participating Agency. As each additional Party executes this Agreement, it shall be
effective as to the newly executing Party. Upon execution, this Agreement supercedes
previous versions of the Task Force agreements. Failure by a Party to secure a timely
ratification of this superceding agreement may result in said party's participation in the Task
Force being suspended until such time as the Agreement is executed by the Party.
This Agreement shall remain in full force as to all participating Parties until September 30, 2003
unless earlier canceled in writing by the Florida Department of Law Enforcement as to all or
separate Parties, or_as canceled in writing by an individual Party as provided herein. However,
if the Task Force continues operations beyond September 30, 2003, the Agreement shall be
automatically extended on a month-by-month basis, until such time as a revised or subsequent
written Agreement has been ratified by each participating Party.
The terms of this Agreement may be clarified or modified, consistent with state and federal law
and guidelines, by supplemental Memoranda of Understanding signed by the participating
parties. Any such Memorandum shall incorporate by reference this Agreement, and shall
become a part of this Agreement by inclusion as an Exhibit hereto. All such Exhibits are to be
sequentially lettered and labeled as an attachment. Master copies of the current Agreement will
be maintained by the Florida Department of Law Enforcement, Mutual Aid Coordinator and by
the Steering Committee.
This Agreement may be duplicated for dissemination to alt Parties, and such duplicates shall be
of the same force and effect as the original. Execution of this Agreement may be signified by
properly signing a separate signature page, the original of which shall be returned to the
attention of Michael Ramage, FDLE General Counsel, P.O. Box 1489, Tallahassee, Florida
32302-1489. Upon receipt, originals will maintained by the FDLE Office of Mutual Aid
Coordinator. Any written cancellation or extension shall be forwarded to FDLE at the same
address.
By signing the agreement, each representative of a party represents that he or she is fully
authorized to enter into this agreement, and that the Party for which the representative is
signing accepts the terms, responsibilities, obligations and limitations of this Agreement, and
agrees to bound thereto to the fullest extent allowed by law.
IN WITNESS WHEREOF, the authorized representatives of
Parties hereto sign on the date specified hereafter'
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 11 of 29 Pages
Party's Acceptance of the January, 2000, MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the Florida Department of Law Enforcement:
James T. Moore, Executive Director
Florida Department of Law Enforcement
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January. 2000)
Page 12 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the Department of Highway Safety and Motor Vehicles, Division of
Florida Highway Patrol:
Charles C. Hall, Director
Florida Highway Patrol
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 13 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of Coral Gables Police Department:
Signature
Print or Type Name/Title:
Date:
Mu[ti-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 14 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of Miami Police Department:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 15 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of Miami Beach Police Department:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 16 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of North Miami Police Department:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 17 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of North Miami Beach Police Department:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 18 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of Homestead Police Department:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 19 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERAT ON
MUTUAL AID AGREEMENT
For the City of Aventura Police Department:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 20 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the City of Golden Beach Police Department:
Signature
Print or Type NameFFitie:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 21 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the Monroe County Sheriff's Office:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 22 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the Broward County Sheriff's Office:
Signature
Print or Type Name/Title:
Date:
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 23 of 29 Pages
Party's Acceptance of the January, 2000 MULTI-AGENCY MONEY LAUNDERING AND
ANTI-DRUG TRAFFICKING TASK FORCE ("IMPACT") VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
For the Office of the State Attorney of the Eleventh Judicial Circuit Of~
Florida (In and For Miami-Dade County, Florida):
Signature
Print or Type Name/Title:
Date:
.......................................... End of Signafure Pages, Attachments Follow ....................................
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January. 2000)
Page 24 of 29 Pages
Task F°rce F°rfeitures and S~ zures Direct ve (Rev, 6/99)
A. .FORFEITURE - means action to perfect agency interest in and title to anything that is
taken into custody by Task Force investigators that may be forfeited under the Florida
Contraband Forfeiture Act or under federal law. In general, all seizures of property for Asse'~t
Forfeitures will be conducted under Coral Gables Police Department procedures.
1. All non-realty property that is seized for forfeiture will be:
Placed into the Coral Gables Police Department Property Unit or, in the case of
vehicles, recorded on Coral Gables Police Department Vehicle Storage Reports
after inventory search, and placed in secure storage.
All property will be listed in the forfeiture and confiscation report and copies sent
within one work day to the attorney(s) handling the forfeiture action. Unless
otherwise designated, the Miami-Dade State Attorney's Office will handle Task
Force forfeitures arising within Miami-Dade County, while the Florida Department
of Law Enforcement will handle Task Force forfeitures arising in counties other
than Miami-Dade.
SEIZURES OF CONTRABAND - means taking into custody anything illegal to possess.
(See Currency Handling Procedures)
1. All seizures will be placed in the Coral Gables police Department Property Unit.
2. All property that is taken into custody will be:
a. Fully documented on Coral Gables Police Department Property Receipt.
All seizures will be listed in the Forfeiture/Confiscations Report and copies sent
within one work day to the Coral Gables Police Department Confiscation Unit
and to the appropriate attorney(s) handling the forfeiture as noted above.
In all instances where controlled substances are seized that are in the amount which
warrants trafficking charges (1 ounce of cocaine/100 pounds of marijuana) or instances
where monies are seized in excess of $1,000, the Task Force will assign at least two
investigators to the custody of the contraband or monies. The investigators will maintain
custody until the controlled substance or monies is placed into the Coral Gables Police
Department Property Unit.
Whenever possible, and as authorized by the prosecuting attorney and the attorney
handling the forfeiture, cash seized for forfeiture will be deposited into an interest
bearing account pending resolution of the forfeiture. Appropriate steps to document the
condition of the cash pdor to deposit into the account must be taken as may be required
by the prosecutor or forfeiture attorney.
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 25 of 29 Pages
F.
G.
H.
Each investigator is responsible for the evidence which he or she has occasion to
purchase or seize. All controlled substances are to be treated in a careful manner.
All evidence will be turned in to the Coral Gables Police Department Property/Evidence
Unit as soon as possible after its seizure.
Evidence will not be stored in any facility other than the Coral Gables Police Department
Property Unit (i.e. desk, lockers, etc.). All seized controlled substances will be checked
into the Coral Gables Police Department Property Unit prior to the end of the
investigator's tour of duty.
Tests of controlled substances to establish probable cause wiil be done at the scene by
the impounding investigator and the results documented in the investigator's Task Force
operational report(s).
Confirmation chemical analysis of controlled substances will be performed by the Metro-
Dade Crime Lab.
Two investigators are required when handling trafficking amounts of controlled
substances or amounts of currency amounting in excess of $1,000.
When an arrest for a controlled substance is made, the arresting investigator will be
responsible for maintaining the integrity of the evidence.
Any member of the Task Force having reason to believe that evidence, cash, property
or contraband is not, or has not, been handled properly by any Task Force
member or other person coming into contact with the item(s) shall immediately report
any such belief to a Task Force supervisor. The supervisor shall immediately conduct
or cause to be conducted all necessary inquiry and steps to assure the integrity of the
Task Force operation.
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 26 of 29 Pages
ure Gmdehnes
Guidelines And Training Procedures
To Be Used By State And Local Law Enforcement Agencies
And State Attorneys In Implementing
The Florida Contraband Forfeiture Act
I. Policy Statement
The Florida Contraband Forfeiture Act, Sections 932.701 through 932.707, Florida Statutes,
(Act) authorizes law enforcement agencies to seize and forfeit real and personal property,
including currency, vehicles, aircraft, and other contraband articles that are used in violation of
the Act.
The Act also allows seizure and forfeiture of any controlled substance as defined in Chapter 893,
Florida Statutes, or any substance, device, paraphernalia, or currency or other means of exchange
that was used, was attempted to be used, or was intended to be used in violation of any provision
of Chapter 893, Florida Statutes if a nexus can be clearly demonstrated between the article(s)
seized and the narcotics activity, whether or not the use of the contraband article(s) can be traced
to a specific narcotics transaction.
It is the policy of the State of Florida that law enforcement agencies shall utilize the provisions of
the Act to deter and prevent the continued use of contraband articles for criminal purposes ~vhile
protecting the proprietary interests of innocent owners and lienholders and to authorize such law
enforcement agencies to use the proceeds collected under the Act as supplemental funding for
authorized purposes. The potential for obtaining revenues from forfeitures must not override
fundamental considerations such as public safety, the safety of law enforcement officers, or the
investigation and prosecution of criminal activity.
It is also the policy of this state that law enforcement agencies ensure that, in all seizures made
under the Act, their officers adhere to federal and state constitutional limitations regar~ling an
individual's right to be free from unreasonable searches and seizures, including, but not limited
to, the illegal use of stops based on a pretext, coercive consent searches, or a search based solely
upon an individual's race or ethnicity.
The Act provides procedural safeguards for those claiming or having an interest in the seized
property, including bona fide lienholders, lessors, and innocent co-owners. The Act
complements the other options available to Florida law enforcement agencies in addressing
criminal activity, is a valuable tool of law enforcement to be used by Florida law enforcement
agencies to assist their law enforcement mission, and is to be preserved and wisely used as a
valuable weapon in Florida's law enforcement arsenal.
MuFti-Agency Money Laundering Task Force ("IMPACT")
Volunta~ Cooperation Mutual Aid Agreement (January. 2000)
Page 27 of 29 Pages
II. Purpose
The purpose of these Uniform Standards is to provide statewide guidelines for law enforcement
policies and procedures used in seizing, maintaining, and forfeiting property under the Act and to
provide training procedures to be used by state and local law enfomement agencies and state
attorneys in implementing the Act. Compliance with these Standards will enhance the goat o¥
establishing more uniform forfeiture practices throughout the state. These Uniform Standards are
to be interpreted in a manner to assure that to the greatest extent possible there is uniformity of
policy and procedure throughout the state. It is not the intent or purpose of these Standards to
create new rights of parties or new defenses to forfeiture actions. All rights and actions are
defined by the substantive provisions of the Act itself or other applicable law.
III. Principles
The following principles should be incorporated within the policies and procedures of any state
or local law enforcement agency involved in the seizure and forfeiture of property under the Act-
A. LAW ENFORCEMENT IS THE PRINCIPAL OBJECTIVE OF ASSET
FORFEITURE. The potential for obtaining revenues from forfeitures must not override
fundamental considerations such as public safety, the safety of law enforcement officers, the
investigation and prosecution of criminal activity, and respect for the rights of individuals as
provided by law.
B. The employment, salary, promotion or other compensation of a law enfomement officer
or attorney should not depend on obtaining a quota of seizures.
C. Agencies should ensure, through the use of written policy and procedures and training,
compliance with alt applicable legal requirements regarding seizing, maintaining, and forfeiting
property under the Act.
D. When property other than currency is seized for forfeiture, the probable cause supporting
the seizure should be promptly reviewed by a supervisor who is not directly involved in making
the seizure. The determination of whether to seize currency must be made by supervisory
personnel. The agency's legal counsel must be notified as soon as possible of all seizures.
E. The determination of whether an agency will file a civil forfeiture action should be made
by the agency head or other command level designee who is not directly involved in making the
seizure.
F. Every seizing agency should have policies and procedures promoting, when them is no
other legitimate basis for holding seized property, the prompt release of such property as may be
required by the Act or by agency determination. To help assure that property is not wrongfully
held after seizure, every agency shall have policies and procedures ensuring that all asserted
claims of interest in seized property are promptly reviewed for potential validity.
G. A seizing agency may not use the seized property for any purpose until the rights to,
interest in, and title to the seized property are perfected in accordance with the Act. This does
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January. 2000)
Page 28 of 29 Pages
not prohibit the use or operation necessary for reasonable maintenance of seized property.
Reasonable efforts shall be made to maintain seized property in such a manner as to minimize
loss of value.
H. Settlement of any forfeiture action shall be consistent with the mandates of the Act and in
compliance with agency policy or directive. ~
I. All forfeited property retained for law enforcement use should be maintained and utilized
in accordance with the Act, and should be subject to the same controls with regard to property
acquired through the agency's normal appropriations process.
J. Any agency receiving forfeiture proceeds should maintain such moneys in a special fund
as provided by law, which is subject to normal accounting controls and financial audits of all
deposits and expenditures. If the seizing agency is a county or municipal agency, the proceeds
and interest thereon may not be used to meet normal operating expenses of the law enforcement
agency. Seizing agencies must file reports as required by the Act.
K. Each state or local law enforcement agency that seizes property for the purposes of
forfeiture shall periodically review the agency's seizures of property, as well as settlements and
forfeiture proceedings initiated l~y the agency to determine whether such seizures, settlements
and forfeitures comply with the Act and these Standards. Such review should occur at least
armually. If the review suggests deficiencies, the agency shall promptly move to ensure the
agency's compliance with the Act and these Standards.
L. Agencies should avoid the appearance of impropriety in the acquisition, sale, retention, or
transfer of any forfeited property or proceeds derived from such property.
M. Agency personnel involved in the seizure of property for forfeiture shall receive periodic
training as noted in Section IV, below.
IV. Training Procedures
Each state or local law enforcement agency shall ensure that its officers involved in seizing
property for forfeiture under the Act receive basic training and continuing education as required
by the Act. Each agency shall maintain records demonstrating an officer's compliance with these
training requirements. A portion of such training must address legal aspects of forfeiture,
including search and seizure, or other constitutional considerations.
(End of Guidelines).
End Of Mutual Aid Agreement and Attachments
(Page 29 of 29 pages, including signature pages and attachments)
Multi-Agency Money Laundering Task Force ("IMPACT")
Voluntary Cooperation Mutual Aid Agreement (January, 2000)
Page 29 of 29 Pages
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~
Eric M. Soroka, ceY ~g
TO:
DATE:
March 2, 2000
SUBJECT:
Resolution Requesting e Florida Department of Transportation,
Miami-Dade County Public Works Department and Florida East Coast
Railway to Permanently Open the N.E. 199'. Street Railroad Crossing
After Completion of the N.E. 203'd Street Construction Project
March 7, 2000 City Commission Meeting Agenda Item.:1.1l
Attached hereto, please find the subject Resolution as requested at the February
Commission Workshop Meeting.
EMS/aca
Attachment
CC0850-00
RESOLUTION NO. 2000-._.
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
REQUESTING THE FLORIDA DEPARTMENT OF
TRANSPORTATION, MIAMI-DADE COUNTY PUBLIC
WORKS DEPARTMENT AND FLORIDA EAST COAST
RAILWAY TO PERMANENTLY OPEN THE N.E. 199TM
STREET RAILROAD CROSSING AFTER COMPLETION
OF THE N.E. 203r~ STREET CONSTRUCTION PROJECT;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the N.E. 199th Street railroad crossing was developed to provide a
temporary alternate traffic relief route during the construction of the grade separation
project at the intersection of Ives Dairy Road and Biscayne Boulevard; and
WHEREAS, the permanent opening of the N.E. 199th Street railroad crossing
would provide for expedited traffic movement and maintain alternate traffic routes in an
area already experiencing heavy traffic congestion; and
WHEREAS, the City Commission of the City of Aventura respectfully requests,
on behalf of its residents, that the Florida Department of Transportation, the Miami-
Dade County Public Works Department and the Florida East Coast Railway take
whatever action is necessary to permanently open the N.E. 199th Street railroad
crossing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission of the City of Aventura respectfully requests,
on behalf of its residents, that the Florida Department of Transportation, the Miami-
Dade County Public Works Department and the Florida East Coast Railway take
Resolution No. 2000-_._
Page 2
whatever action is necessary to permanently open the NE.
crossing.
Section 2.
carry out the aims of this Resolution.
Section 3. This Resolution
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 7th day of March, 2000.
199th Street railroad
The City Manager is hereby authorized to do all things necessary to
shall become effective immediately upon its
by Commissioner
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT: Petition of City of Aventura Community Development Department to
approve amendments to the City's Land Development Regulations to
permit Above Ground Storage Tanks of 550 gallon capacity or less only
for the purpose of supplying emergency generators as an accessory
conditional use in the RS1, RS2, RMF3, RMF3A, RMF4, B1, TC1, CF and
ROS zoning districts and as an accessory permitted use in the B2, B3,
OP, MO, M1 and U zoning districts. (01-LUA-00)
March 7, 2000 Local Planning Agency Agenda Item
1st Reading March 7, 2000 City Commission Agenda Item 15 P
2nd Reading April 4, 2000 City Commission Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve amendments to the City's Land
Development Regulations to permit Above Ground Storage Tanks of 550 gallon
capacity or less only for the purpose of supplying emergency generators as an
accessory conditional use in the RS1, RS2, RMF3, RMF3A, RMF4, B1,TC1, CF and
ROS zoning districts and as an accessory permitted use in the B2, B3, OP, MO, M1 and
U zoning districts.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to add 14 new subsections to the City of Aventura
land Development Regulations as follows:
1) RS1, Residential Single Family District
703.2.4 Above.qr0und Stora,qe "ranks. Above.qround Stora.qe Tanks (AST) are permitted
as a ,conditional use only as an accessory use and only for the purpose of
storin.q fuel for emer.qency .qenerators. ^STs must conform to the following
requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement~
(c) Be fully screened, by a masonry or concrete wall with a self-closin.q and
locking metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RS1 zonin.q district.
Installation of any AST shall require a buildin.q permit from the City. Application
for buildin,q permit shall be accompanied by a site.plan indicatin.q the location of
the AST relative to property lines, the pdmary structure served by th.e AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other SUDDortincl
documentation as deemed necessary by the City Mana,qer or deSiRnee.
2) RS2, Residential Single Family District
703.3.4
Above.qround Stora.qe Tanks. Above,qround Stora,qe Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storin.q fuel for emer,qency .qenerators. ASTs must conform to the following
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a, self-closing and
Iockin.q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RS2 zonin.q district.
Installation of any AST sha!l require a buildin,q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin.q the location ot
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well, as a landscape plan prepared by a
Florida licensed architect or landscape architect and other SuDDOrtin~
dOcumentation as deemed necessary by the City Mana,qer or designee.
2
3) RMF3, Multi-Family Medium Density Residential District
703.4.4 AboveRround StoraRe Tanks. AboveRround StoraRe Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storinR fuel for emer,qency Renerators. ASTs must conform to the followinR
requirements:
(a) Be of 550 Rallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closinR and
IockinR metal door or Rate. Such wall shall be landscaped in accordance
with the,City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3 zoninR district.
Installation of any AST shall require a bui!dinR permit from the City. Application
for buildinR permit shall be accompanied by a site plan indicatinR the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed ar(;hitect or landscape arohit,ect and other suDDortincl
documentation as deemed ne,ce,ssary by the City ManaRer or desiRnee.
4) RMF3A, Multi-Family Medium Density Residential District
703.5.4 AboveRround StoraRe Tanks. AboveRround StoraRe Tanks (AST) are permitted
as a conditional use, only as an accessory use and only for the purpose of
storinR fuel for ernerRency Renerators. ASTs must conform to the followinR
requirements:
(a) Be of 550 Rallons capacity or less,
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources ManaRement.
(c) Be fully screened by a masonry or concrete wall with a self-closinR and
Iockin,q metal door or Rate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3A zoninR district.
Installation of any AST shall require a buildinR permit from the City. Application
for buildinR permit shall be accompanied by a site plan indicatinR the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and .other suDDortincl
documentation as deemed necessary by the City ManaRer or desi.qnee.
$) RMF4, Multi-Family Medium Density Residential District
703.6.4 Above~qround Stora,qe Tanks. Above.qr0und Stora,qe Tanks (AST) are permitted
as a,conditional use only as an accessory use and only for the purpose of
storin.q fuel for emer.qency .qenerators. ,ASTs must conform to the followin.q
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana.qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
Iockin,q metal door or .qate. Such wall shall be landscaPed in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF4 zonin.q district.
Installation of any AST shall require a buildin.q permit from the City~ ,Application
for buildin.q permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida li(;:ensed architect or landscape architect and other supportin,q
documentation as deemed necessary by the City Mana.qer or desi.qnee.
6) BI, Neighborhood Business District
704.2.6 Above.qround Stora,qe Tanks. Above,qround Stora,qe Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storin,q fuel for emer,qency ~lenerators. ASTs must conform to the followin.q
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated, under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin.q and
!ockin,q metal door or .qate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the B1 zonin,q district.
Installation of any AST shall require a buildin.q permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other sm3oortin~
documentation as deemed necessary by the City Manaqer or desiRnee.
4
7) B2, Community Business District
704.3.6 Ab0ve.qround Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as an accessory use only, for the purpose of storing fuel for emergency
generators. Such ASTs must conform to the following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed .a.nd operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana.qement.
(c) Be located within a walled, service court area or be fully screened by a
masonry or concrete wall with a self-closin.q and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atoP a
curbed reveal and shall be protected from turnin.q and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the B2 zoning district.
Installation of any AST shall require a building permit from the City. Application
for buildin.q permit shall be accompanied by a site plen indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be. provided if required by the City.
8) B3, Heavy Business District
704.4.7 Above,qround Storage Tanks. Above.qround Storage Tanks (AST) are permitted
as an accessory use only for the purpose of storing fuel for emerRency
generators. Such ASTs must conform to the following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-cloSinR and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the B3 zoning district.
Installation of any AST shall require a building permit from the City. Application
for buildinR permit shall be accompanied, by a site plan indicating the location of
5
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided, if required by the City.
9) OP, Office Park District
704.5.5 AboveRround Storage Tanks. Above.qround Storage Tanks (AST) are permitted
as an accessory use only for the purpose of stodn.q fuel for emer.qency
generators. Such ASTs must conform to the following requirements:
(a) Be ,of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(C) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-cl0sing and locking metal door or gate.
Such wall shall be landscaped in accqrdance with the City's Landscape
Code. ASTs located within a service Court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the OP zoning district.
Installation of any AST shall require a buildin.q permit from the City. Application
for building permit shall be accompanied by a site plan indicatin.q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A .landscape plan prepared by a Florida
licensed architect or landscape architect a.nd other supporting documentation
shall be provided if required by the City.
10) MO, Medical Office District
704.6.6 Above.qround Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as an accessory use only for the purpose of storing fuel for emergency
generators. Such ASTs must conform to the followin.q requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self. closin,q and Iockin,q metal door or ,qate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed .reveal and shall be protected from turning and backing trucks with
bollards.
6
(d) Be located in a manner consistent with the site development standards of
the MO zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
the AST relative to property lines,, the primary structure served by the AST, any
other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other, supporting documentation
shall be provided if required by the City.
11) TC1, Town Center District
705.2.9
Aboveground Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storing, fuel for emergency generators. AS'rs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or Rate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the TC1 zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as,a landscape .plan prepared by a
Florida licensed architect or landscape architect and other suDDortin¢l
documentation as deemed necessary by the City Manager or designee.
12) CF, Community Facilities District
707.1.5 Aboveground Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as a conditional use only as an accessory use and only for the purpose of
storing fuel for emerRency generators. ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate, Such wall shall be landscaped in accordance
with the City's Landscape Code.
7
(d) Be located in a manner consistent with the site development standards of
the CF zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicatinR the location of
the AST relative to property lines, th.e primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other suoportin~
documentation as deemed necessary by the City Manager or designee.
13) ROS, Recreation/Open Space District
708.1.4 AboveRround Stora.qe Tanks. AboveRround Storage Tanks (AST) are permitted
as a conditional use only as an ,accessory use and 0nly for the purpose of
storing fuel for emergency generators. AS-rs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the ROS zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicating the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other SUDDortin_~
documentation as deemed necessary by the City Manager or designee.
14) U, Utilities District
709.1.4 Above.qround Storage Tanks. Above.qround Storage Tanks (AST) are permitted
as an accessory use only for the purpose of storing fuel for emer.qenc¥
generators. Such ASTs must conform to the following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service co, urt area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
8
curbed reveal and shall be protected from turnin,q.and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the U zonin.q district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin.q permit shall be accompanied by a site plan indi.catin.q the location of
the AST relative to property lines, the primary structure served by the AST, any
other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supportin.q documentation
shall be provided if required by the City.
SITE DATA
OWNERS OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
Not applicable
City of Aventura
Development
Not applicable
Not applicable
Not applicable
Department of Community
DESCRIPTION/BACKGROUND
Because of tightened federal and state regulations, many underground storage tanks
(USTs) within the City will require removal and replacement in the immediate future.
State regulations, which have also recently been revised, exhibit a preference towards
aboveground storage tanks (AST) because they are less susceptible to leakage, are
easier to monitor and inspect, and are far cheaper to install. Technical advances in the
design and construction of ASTs and their associated plumbing, monitoring and control
systems have made them as safe from fire or accident as USTs and less susceptible to
contributing to groundwater pollution. The remaining objection to small ASTs is their
unsightliness.
The City's Land Development Regulations allow ASTs only to store fuel for emergency
generators and even then only in the M1 Light Industrial District and the TC2 Marine
Town Center District. Staff recommends that the City allow small (550 gallon or less)
ASTs only for the purpose of storing fuel for emergency generators in the B1, B2, B3,
OP, MO, M1, CF and U zoning districts as a permitted use and in the RS1, RS2, RMF3,
RMF3A, RMF4, TC1 and ROS zoning districts as a conditional use.
9
Chapter 62-761, Florida Administrative Code, is extremely specific and detailed about
the requirements for installation, maintenance, repair and removal of such tanks. (The
550 gallon size is a breakpoint for many regulatory requirements.) The Miami-Dade
County Department of Environmental Resources Management (DERM) is responsible
for administrating these regulations. DERM requires all ASTs and USTs to be submitted
and approved prior to installation, repair, modification or removal. You will find a brief
summary of these regulations attached as Exhibit #1. Staff believes that small ASTs
installed and permitted to DERM standards are as safe as reasonably possible.
Protection against fire and explosive threats (including impacts and lightening) are
contained in two standards issued by Underwriters Laboratories: UL142 ("Steel
Aboveground Tanks for Flammable and Combustible Liquids," April 1993) and UL2085
"Protected Aboveground Tanks for Flammable and Combustible Liquids," December
1997). Subsection 62-761(3)(b)la, Florida Administrative Code, requires that all
permitted aboveground storage tanks shall be constructed in accordance with UL142
and UL2085. Thus, no regulatory mechanisms other than a DERM installation permit
and a City building permit appear to be necessary for the installation of the tanks
themselves. However, reasonable requirements for landscaping and security walls
should be required in all districts. In commercial districts, this can be met either by
placing the AST within a walled and landscaped enclosure or within a service court
area, provided that measures are taken to protect the tank against turning and backing
service vehicles. However, within residential, neighborhood commercial, town center
and recreational districts, staff believes that such tanks should be located within their
own walled and landscaped enclosure.
ANALYSIS
Section 507.7 of the City's Land Development Regulations contains standards for
reviewing proposed amendments to the text of the LDR. It states:
In deciding whether to recommend approval of a propo'.~ed text amendment, the
Administration and the City Commission shall consider whether or not:
(a) The proposed amendment is legally required.
The proposed amendment is not legally required. However, it does rectify a procedural
discrepancy between the City's zoning approval process and the environmental
permitting process of the County's Department of Environmental Resources
Management (DERM).
(b) The proposed amendment is consistent with the Goals and Objectives of the
Comprehensive Plan.
The amendment is consistent with the City's Comprehensive Plan. The amendment will
not result in impacts on any infrastructure system that will exceed established Level of
10
Service standards, and conforms to the Goals and Objectives of the Comprehensive
Plan's Conservation and Coastal Management Element.
(c) The proposed amendment is consistent with the authority and purpose of the
LDR.
The proposed amendment is consistent with the requirements and authority of the Local
government Comprehensive Planning and Land Development Regulation Act (Chapter
163, Part II, Florida Statutes) and the general powers confirmed in Home Rules Powers
Act (Chapter 166, Florida Statutes). The proposed amendment is also consistent with
the Florida Constitution and the Municipal Powers Section (Article 6) of the Miami-Dade
County Charter.
(d) The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City by providing a
method for permitting suitable aboveground storage tanks to be installed under the
environmental health and safety authority of the Miami-Dade Department of
Environmental Regulation Management and the Florida Department of Environmental
protection while reserving control of aesthetic suitability and land use compatibility for
municipal regulation.
(e) The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration of the development process by
removing a procedural discrepancy between the City's LDRs and Florida Administrative
Code whereby the above ground location of small fuel tanks to supply emergency
generation is strongly encouraged by State and County environmental regulators, but is
prohibited in most situations in the City's LDRs. Continuing this discrepancy will likely
resuit in the installation of ASTs without a City building permit and will inhibit the City's
ability to perform inspections and mandate reasonable aesthetic treatments.
11
StOrage Tanks
http://www.co.miami-dade, fl.us/derm/storage_tanks.ht~
305-372-6716
Storage Tanks Section
Fuel leaks from underground and aboveground storage tanks at gasoline stations and other facilities present a
serious threat to the underground d.r, nking water supply for Dade County The Storage Tank Section mi '
maintain the quality of Dade Coun s roun : ss~on is to
....... ty g ..dwater resources by preventing leaks from storage tanks which ho d
.azaroous ma[ena s. ~n s goa s pursued through a comprehensive program of inspection, permitting, public
education, and enforcement of state and local environmental regulations.
Rules and Requirements concerning Storage Tanks
~)uestions concerning DERM's inspections
Other A~,g_encies and Links
Rules and Requirements concerning Storage Tanks:
What are the rules governing storage tanks?
Federal Rules: 40 CFR Parts 280 and 281
State Rules: Chapters 62-761, Florida Administrative Code (F.A.C.)
County Rules: Section 24-12.2 Miami-Dade County Environmental Protection Ordinance.
What are the requirements of the ~torage tank rules?
A few general requirements of the storage tank rules are:
· plans must be submitted to and approved by DERM before any storage tank is installed, removed, modified
or repaired
· state registration and county operating permits must be maintained.
Download a DERM Storar~e Tank Permit Application You must have Adobe Acrobat Reader to view
this filel
· tanks and piping must be monitored by a leak detection system
· tanks and piping must be constructed of the proper corrosion resistant materials
There are many other requirements which are included in the local, state, and federal storage tank rules. Most
.tanks which store fuels or hazardous materials are subject to these rules, although some are exempt because of
tank size, type of matedal stored, or type of facility. ,If you have specific questions about storage tank rules and
requirements, contact a representative from DI=RM s Storage Tank Section.
What rules govern contamination from leaking storage tankS9
Chapter 62-770 is the Petroleum Contamination Site Cleanup Criteda Rule. If you need information regarding the
cleanup"of contamination from leaking storage tanks, use this link to the Pollution Remediation Section, or contact
them by phone at (305)372-6700.
What requirements must be met in order to install, remove or modify a Storage tank ?
You must submit plans to DERM, pay the appropriate review fee, and receive approvalprior to installing, removing,
modifying or repairing any underground or aboveground storage facility The required plans must be rocess
through the DERM Plan Re i w S~ p ed
........ ~ e : ct!0q located on the 10th floor of the Metro-Dade Government Center at 111
r~.vv. 1st ~treet and then regiewed by~{heWaste Cleanup Section located in the DERM building at 33 S.W. 2nd
Avenue. (Removal plans can bb faken diCectly to the DERM building,) If you haVe sp,e_cific questions about the plan
review process for storage tankg, contact one of the plah review engineers in DERM s Pollution Remediation
Section at (305)372-6700.
~_Back to Top
Questions concerning DERM'~'Stoi~ EXHIBIT #1
01-LUA-O0
http://www.co.miami-dade, fl.us/derm/storage_tanks.htm
What will the inspector need to see during a routine DERM storage tank inspection?
Regulated facilities are usually inspected once per year, sometimes more often. Some of the basic items that the
DERM inspector will be looking for dudng the inspection are:
· DERM operating permit and DEP registration placard
· inventory records for the fuel received, stored and sold, including pedodic reconciliation of these records
· records of monitoring system checks
· copy of the documentation of financial responsibility for third party liability and'cleanup costs for potential
leaks from the storage tank system
· keys to monitoring wells, which are required to be locked at all times
· keys to access fuel dispensers sumps
· records of storage tank system tests and repairs
What can you do to be prepared for a storage tank inspection?
· have all required paperwork on-site and up to date
· have the correct keys on site to access the storage tank system components
· make sure that all locks and water-tight caps on monitoring wells are in good working condition
· check the dispenser liners and pump sumps often and make sure that any accumulated water is properly
disposed
· make sure the entire system is in good working condition
· be familiar with the conditions outlined in your annual operating permit
At the end of the inspection, the operator on site will be given a copy of the compliance inspection, and other forms
as necessary, to notify the operator of items that are out of comp ance. The forms will specify the noncompliance
items and give a timeframe in which they must be repaired or corrected.
How can I review DERM's records for storage tank sites ?
DERM maintains files on over 5,000 act ve and inactive storage tank facilities located in Dude County. If you would
like to review any of these files, you must make an appo ntment w th the Waste Management Division file staff.
Requests to review specific files may be made by telephone to (305)372-6718 or faxed in to (305)372-6729.
Appointments are scheduled from 8:00 a.m. to 12:00 p m. weekdays, excluding county holidays. In order to
expedite the file review process, you must have the correct street address or the DERM file number of the facility
in order to schedule an appointment. You may search for nformation on specific sites by downloading a list of
storage tank facilities in M ami-Dade County. '
O_Back to Top
Other Agencies and Links
The Florida Department of Environmental Protection (DEP) regulates storage tank facilities throughout Florida.
DERM implements the state storage tank regulations under an agreement w th the DEP. The DEP Storage Tank
Regulation Homepage is an excellent source for current tank information, copies of the state tank regulations, and
copies of commonly used tank forms (registration, discharge reporting, etc.).
Visit the DEP Storage Tank Homepage at: www.dep.state.fl.us/dwrn/pro,qrams/tanks/
DEP Tallahassee Headquarters DEP Local District Office
Storage Tank Regulation Southeast District Office
2600 Blair Stone Road P.O. Box 15425
Tallahassee, Florida 32399-2400 West Palm Beach, Florida 33416
Phone: (904)488-3936 Phone: (561)681-6600
Fax: (561)681-6770
The federal Environmental Protection Agency also regulates storage tanks. Visit the EPA Office of Underground
Storage Tanks (OUST) at: www.epa ~lOV/swerustl
11/23/99 1:50 PM
Storage Tank Regulation Section wysiwyg://lO/http:ffwww.dep.state.fl.us/dwm/pmgrams/taaks/default.hma
PROGRAM OVERVIEW
Contact the Storage Tank
Regulation Section at:
2600 Blair Stone Road,
MS 4525
Tallahassee, FL 32399-2400
Phone: (850) 488-3935
Fax: (850) 414-1521
for Approved Equipment List
The Storage Tank Regulation Section is part of the Bureau of
Petroleum Storage Systems in the Florida Department of
Environmental Protectiun's (FDEP) Division of Waste
Management.
In 1983, Florida was one of the first states in the union to pass
legislation, adopt rules, and develop a program for the
regulation of underground and aboveground storage tank
systems. This was mainly in response to a 1982 discharge fi.om
an underground storage tank that leaked over 10,000 gallons of
gasoline next to the Marion County town of Belleview's water
supply wells. Since that time, over 27,000 facilities have
reported discharges of petroleum products fi.om storage tank
systems. Because Florida relies on groundwater for
approximately 92 percem of its drinking water needs, the
Department has a very active petroleum contamination
prevention and cleanup program and some of the most stringent
rules in the country.
Leak Prevention is an important part of Flurida's program.
FDEP's underground and aboveground storage tank rules
require that all new and replacement storage tank systems have
secondary containment. The rules also establish deadlines for
owners of existing storage tank systems to replace their systems
with those that have secondary containment. In addition, the
Department has contracts with all 67 counties in the state to
perform compliance verification and enfomement activities.
The counties perform routine inspections of every facility
within their counties on an annual basis, inspect the installation
and removal of all storage tank systems, and complete
investigations of discharges from regulated facilities. As of
January 1999, approximately 260,000 inspections have been
completed, and compliance rates have improved significantly.
CURRENT HIGHLIGHTS
Another Deadline?...New
Rules?
Deadlines:
There is another deadline
approaching at the end of this
year. This time, it's for
Aboveground Storage Tanks (ASTs).
January 1, 2000, is the deadline
for ASTs installed before July 13,
1998. Some of the more important
requirements in Rule 62-761.510,
F.A.C., are:
1. AST systems must comply with
the performance standards in
2 of 4 2/24/00 9:08
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING ZONING DISTRICT REGULATIONS
CONCERNING ABOVE GROUND FUEL STORAGE
TANKS SERVING EMERGENCY GENERATORS;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura deems it necessary to amend the City's Land
Development Regulations to enable the installation of above ground fuel tanks for
emergency generators in certain areas of the City; and
WHEREAS, the City Commission believes it is in the best interest of the public
to regulate the installation of above ground fuel tanks for emergency generators; and
WHEREAS, the City Commission desires to enhance the unique aesthetic
character of the City by requiring certain design standards associated with the
installation of above ground fuel tanks for emergency generators; and
WHEREAS, nothing in this ordinance shall impair the enforcement of more
restrictive restrictions imposed upon private property pursuant to the provisions of
Restrictive Covenants of Homeowners' Associations and Master Associations or the
provisions of Declarations of Condominium bylaws, rules or regulations issued
thereunder; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan.
Ordinance No.
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the following sections of the City's Land Development
Regulations are hereby amended to read as follows:~
(RS1, Residential Single Family District) to add:
703.2.4
Above,qround Storage Tanks. Above,qround Stora,qe Tanks {AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storing fuel for emer,qency ,qenerators. ASTs must conform to the
following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RS1 zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicatin,q the location
of the AST relative to, property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supporting
documentation as deemed necessary by the City Manager or d,esi.qnee.
(RS2, Single Family Residential District) to add:
703.3.4 Aboveground Storage Tanks. AboveRround Stora.qe Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
~ Underlined provisions constitute proposed additions to existing text; ~c~=~ ~,hm"?~h provisions indicate
proposed deletions from existing text.
2
Ordinance No.
Page 3
purpose of storinR fuel for emerRency flenerators. ASTs must conform to the
followin,q requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources ManaRement.
(c) Be fully screened by a masonry or concrete wall with a self-closinR and
locking metal door or Rate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RS2 zoninR district.
Installation of any AST shall require a buildinR permit from the City. Application
for buildinR permit shall be accompanied by a site plan indicatin,cj the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape p!an prepared by a
Florida licensed architect, or landscape architect and other supportinR
documentation as deemed necessary by the City Mana,qer or designee.
(RMF3, Multi-Family Medium Density Residential District) to add:
703.4.4
Above,qround St0raRe Tanks. Above.qround Stora,qe Tanks (AST) are
permitted as a conditional use. only as an accessory use and only for ,the
purpose of storin,q fuel for emer,qency Renerators. ASTs must conform to the
followin,q requirement.s:
(a) Be of 550 Rallons capacity or less,
(b) Be installed and operated un, der a valid permit from the Miami-Dade
County Department of Environmental Resources ManaRement.
(c) Be fully screened by a masonry or concrete wall with a self-closinR and
IockinR metal door or Rate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3 zonin,q district.
Installation of any AST shall require a buildinR permit from the City. Application
for buildinR permit shall be accompanied by a site plan indicatinR the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as,well as a landscape plan prepared by a
3
Ordinance No.
Page 4
Florida licensed amhitect or landsc_,~,pe architect and other supDortine
documentation as deemed necessary by the City Mana,qer or desi.qnee.
(RMF3A, Multi-Family Medium Density Residential District) to add:
703.5.4 Above,qmund Stora,qe Tanks. Abovef:lmund Stora,qe Tanks (AS'F) are
permitted as a conditional, use only as an accessory use and only for the
purpose of storin,q fuel for emer,qency .qenerators. ASTs must conform to the
followin,q requirements:
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
Iockin,q metal door or Rate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the RMF3A zonin,q district.
Installation of any AST shall require a buildin.q permit from the City. Application
for buildinR permit shall be accompanied by a site plan indicatinR the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other SUDDOrtin_(:l
documentation as deemed necessary by the City ManaRer or desi,qnee.
(RMF4, Multi-Family High Density Residential District) to add:
703.6.4
AboveRround Stora,qe Tanks. Above,qround Stora,qe Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storin,q fuel for emer,qency ,qenerators. ASTs must conform to the
followin,q requirements:
(a) Be of 550 ,qallons capacity or tess.
(b) Be installed and operated under a valid permit from the Miami-Dade
County Department of Environmental Resources Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-closin.q and
Iockin,q metal door or Rate. Such wall shall be, landscaped in accordance
with the City's Landscape Code.
4
Ordinance No.
Page 5
(d) Be located in a manner consistent with the site development standards of
the RMF4 Zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicatin.q the location
of the AST relative to property lines, the primary .structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other supportin.q
documentation as deemed necessary by the City Manager or desi.qnee.
(BI, Neighborhood Business District):
704.2.2 Conditional Use. The following uses may be established if first approved as a
Conditional Use:
Outdoor cafes.
· Residential uses as a combination of permitted business uses and
residential uses housed in the same building; the floor area of the
residential use shall not exceed fifty (50) percent of the floor area of
the building.
· Drive - thru facility.
· Above,qround Stora,qe Tanks. AboveRround Stora,qe Tanks (AST) only
as an accessory use and only. for the purpose of storin,q fuel for
emer,qency ,qenerators., ASTs must conform to the followin,q
requirements:
(a) Be of 550 ,qall0ns capacity or less.
(b) Be installed and operated under a valid permit, from the Miami-
Dade County. Department of Environmental Resources
Mana,qement.
(c) Be fully screened by a masonry or concrete wall with a self-
closin,q and Iockin,q metal door or .qate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
(d) Be located in a manner consistent with the site development
(e)
standards of the B1 zonin,q district.
Installation of any AST shall require a buildin,q permit from the
City. Application for building permit shall be accompanied by a
site plan indicatin,q the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
sul:)l:)ortin.q documentation as deemed necessary by the City
Mana,qer or desi,qnee.
5
Ordinance No.
Page 6
(B2, Community Business District) to add:
704.3.6 Above,qround Storage Tanks. Above,qround Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storin,q fuel for
emergency generators. Such ASTs must conform to the following
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources ManaRement.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ^STs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the B2 zoning district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied by a site plan indicatin.q the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supportinR documentation
shall be provided if required by the City.
(B3, Heavy Business District) to add:
704.4.7
Above,qround Storage Tanks. Above,qround Stora,qe Tanks (AST) are
permitted as an accessory use only for the purpose of storin,q fuel for
erner,qency .qenerators. Such ^STs must conform to, the followin,q
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and !0cking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
6
Ordinance No.
Page 7
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the B3 zoninq district.
Installation of any AST shall require a building permit from the City. Application
for bujldin,q permit sha!l be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served,by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed amhitect or landscape architect and other supporting documentation
shall be provided if required by the City.
(OP, Office Park District) to add:
704.5.5 Above,qround StoraRe Tanks. Aboveground Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storinq fuel for
emer,qency generators. Such ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closing and locking metal door or gate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turning and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the OP zonin.q district.
Installation of any AST shall require a building permit from the City. Application
for buildin.q permit shall be accompanied by a site plan indicatin,q the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan ..prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
7
Ordinance No.
Page 8
(MO, Medical Office District) to add:
704.6.6
Above.qround Storage Tanks. Above,qround
permitted as an accessory use on!y for the
emergency ,qenerators. Such ASTs must
requirements:
Stora,qe Tanks (AST) are
purpose of storin,q fuel for
conform to the following
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmenta! Resources Management.
(c) Be located within a wailed service court area or be fully screened by a
masonry Orr concrete wall with a self-closing and locking metal door or .qate.
Such wall shall be landscaped in accordance with the City'S Landscape
Code. ASTs located within a service court area must be located atop a
(d)
curbed reveal and shall be protected from turning and backing trucks with
bollards.
Be located in a manner consistent with the site development standards of
the MO zoning district.
Installation of any AST shall require a building permit from the City. Application
for buildin.q permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the.AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required,by the City.
(TCI, Town Center District)
705.2.3 Conditional Uses Permitted. The following uses may be established if first
approved as a Conditional Use:
Those uses permitted in the RMF3 district.
Those uses permitted in the B1 district.
· Sale of alcoholic beverages for on-premises consumption except with
meals.
· Uses that exceed the height limitations.
· Above.qround Storage Tanks. Aboveground S. toraRe Tanks (AST) 0nly
as an accessory use and only for the purpose, .of storin.q fuel for
emer,qency .qenerators. ASTs must, conform to the following
requirements:
(a) Be of 550 ,qallons capacity or less.
8
Ordinance No.
Page 9
(b) Be installed and operated under a valid permit from the, Miami-
Dade County Department of Environmental Resources
Management.
(c) Be fully screened by a masonry or concrete wall with a self-
closing and locking metal door or .qate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
(d) Be located in a manner consistent with the site development
standards of the TCl zoning district.
(e) Install,ation of any AST shall require a building permit from the
City. Application for buildin.q permit shall be accompanied by a
site plan indicating the location of the AST relative to property
lines, .the primary structure served by the AST, any oth.er
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Mana.qer or desi.qnee.
(CF, Community Facilities District)
707.1.2 Conditional Use. The following uses if first approved as a Conditional Use:
Governmentally sponsored or subsidized residential/care facilities for
the aged and/or handicapped, nursing homes, convalescent homes,
and congregate care facilities.
· Hospitals and clinics.
· Non-municipal governmental facilities and buildings.
· Private fraternal, civic, charitable, professional or educational non-
profit organizations.
· Federal post office.
· ALF.
· AboveRreund Stora~qe Tanks. Above.qreund Stora.qe Tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the followin.q
requirements:
(a) Be of 550 gallons capacity or less,
(b) Be installed and operated under a valid permit from the Miami-
Dade County Department, of Environmental Resources
Mana,qement.
(c) Be, fully screened by a masonry or concrete wall with a self-
closing and locking metal door or gate. Such wall shall be
landscaped in accordance with the City's Landscape Code.
9
Ordinance No.
Page 10
(d)
(e)
Be located in a manner consistent with the site development
standards of the CF zoning district.
Installation of any AST shall require a building permit from the
City. . Application for building permit shall be accompanied by a
site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared
by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City
Manager or designee.
(ROS, Recreation/Open Space District) to add:
708.1.4 Aboveground Storage Tanks. Aboveground Storage Tanks (AST) are
permitted as a conditional use only as an accessory use and only for the
purpose of storing fuel for emergency ,qenerators. ASTs must conform to the
following requirements:
(a) Be of 550 gallons capacity or less.
(b) Be installed and operated under a valid Permit from the Miami-Dade County
Department of Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self-closin,q and
locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
(d) Be located in a manner consistent with the site development standards of
the ROS zoning district..
Installation of any AST shall require a building permit from the City. Application
for buildin,q permit shall be accompanied by a site plan indicating the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet as well as a landscape plan prepared by a
Florida licensed architect or landscape architect and other SUDDOrtin~
documentation as ,deemed necessary by the City Manager or designee.
(U, Utilities District) to add:
709.1.4 Above,qround Storage Tanks. AboveRround Storage Tanks (AST) are
permitted as an accessory use only for the purpose of storing fuel for
emergency generators. Such ASTs must conform to the following
requirements:
10
Ordinance No.
Page 11
(a) Be of 550 ,qallons capacity or less.
(b) Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Mana,qement.
(c) Be located within a walled service court area or be fully screened by a
masonry or concrete wall with a self-closin,q and locking metal door or Rate.
Such wall shall be landscaped in accordance with the City's Landscape
Code. ASTs located within a service court area must be located atop a
curbed reveal and shall be protected from turnin.q and backing trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the U zoning district.
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin.q permit shall be accompanied, by a site plan indicatin.q the location
of the AST relative to property lines, the primary structure served by the AST,
any other structures within 300 feet. A landscape plan prepared by a Florida
licensed architect or landscape architect and other supporting documentation
shall be provided if required by the City.
Section 2. Severability. The provisions of the Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section, 3. Inclusion in the Code. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Code of the City of Aventura; that the sections of this
11
Ordinance No.
Page 12
Ordinance may be m-numbered or re-lettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 4, Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
12
Ordinance No.
Page 13
PASSED AND ADOPTED on first reading this 7th day of March, 2000.
PASSED AND ADOPTED on second reading this 4th day of April, 2000.
ARTHURI. SNYDER, MAYOR
Al-rEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
13
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City Manager
DATE: February 24,2000
SUBJECT: Ordinance Establishing Procedures for Surplus Property
1st Reading March 7, 2000 City Commission Meeting Agenda Item '3B
2nd Reading April 4, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance establishing
procedures for property deemed to be surplus to City operations.
BACKGROUND
In the operation of a business, over the course of time certain equipment becomes
obsolete or outlives its usefulness. The attached Ordinance provides for the
procedures to dispose of such surplus equipment or property. The Ordinance requires
that the City Commission, by Resolution, approve all items to be surplused by the City.
I have enclosed the Administrative Policy Directives and Procedures (APDP)
established to implement the Ordinance.
Both the Ordinance and APDP have been developed to protect the City's property and
ensure that items cannot be disposed of without formal approval.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0843-00
ORDINANCE NO. 2000-_._
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES BY CREATING SECTION 2-258 "SURPLUS
PROPERTY" OF ARTICLE IV "FINANCE" OF CHAPTER 2
"ADMINISTRATION;" ESTABLISHING PROCEDURES
FOR PROPERTY DECLARED SURPLUS TO THE CITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Section 2-258 "Surplus Property" of Article IV "Finance" of Chapter
2 "Administration" of the City Code is hereby created to read as follows:
Section 2-258. Surplus Property.
Any property owned by the city which has become obsolete,
or which has outlived its usefulness, or which has become
inadequate for the public purposes for which it was intended,
or which is no longer needed for public purposes, may be
disposed of in accordance with procedures established by
the City Manager, so long as the property has been declared
surplus by a Resolution of the City Commission.
Section 2. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intention; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
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
Ordinance No. 2000~
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.
This Ordinance shall be effective immediately upon
Section 4. Effective Date.
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
moved
its adoption on first reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
2000.
day of
Ordinance No. 2000-___
Page 3
PASSED AND ADOPTED on second reading this
2000.
day of
ATTEST:
ARTHURI. SNYDER, rvlAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
': ) ADMINISTRATIVE POLICY DIRECTIVES Chapter#Sub Page
~ ~ AND PROCEDURES MANUAL
Date March. 1,
Issued: 2000
CHAPTER: FINANCE' BUDGET & PURCHASING APPROVED: ~"'~' N~rCitv
SUBJECT: SURPLUS PROPERTY ~'/
PURPOSE
To establish a procedure by which the City can account for the transfer or deletion of property
along with any property declared surplus.
POLICY &PROCEDURE
Any property owned by the City which has become obsolete, or which has outlived
its usefulness, or which has become inadequate for the public purposes for which it
was intended, or which is no longer needed for public purposes, may be declared
surplus and disposed of in accordance with these procedures.
2. A Department Director shall complete the attached form requesting an item to be
declared surplus and submit it to the City Manager for approval.
3. Once the City Manager approves the request, a surplus resolution will be prepared
and placed on the next available City Commission Meeting Agenda.
Under no circumstances is City owned property proposed to be declared surplus to
be disposed of prior to the preparation and formal approval of a resolution by the
City Commission authorizing such disposition.
The City Manager shall determine the best method of disposing of surplus items.
Such methods may include the following:
Annual surplus equipment sale
Sale
Physically disposed
Trade
Donated
6. Proceeds from the sale of the property shall go into the general fund of the City
unless the equipment was acquired by utilizing police forfeiture funds.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: r
DATE: March 2, 2000
SUBJECT: Emergency Management Ordinance
1st Reading March 7, 2000 City Commission Meeting Agenda Item M.,
2nd Reading April 4, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance establishing
a framework for the declaration of emergencies and providing an emergency
management structure.
BACKGROUND
As you are aware, the City Administration has prepared an extensive procedures
manual to address emergency management issues and has utilized same in directing
the operations of the City during hurricane emergencies and preparation for the Y2K
non-event.
Recently, based on dealings with the Florida Department of Community Affairs and
FEMA regarding disaster relief funding, they have recommended that cities adopt an
Ordinance outlining the Emergency Management Structure and Declaration of a State
of Emergency Procedures.
The attached document mirrors Ordinances adopted by other cities to address the
concerns of the state and federal agencies and incorporates current administrative
policies
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0849,OO
ORDINANCE NO. 2000-._
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF AVENTURA, CHAPTER 2, ENTITLED
"ADMINISTRATION" BY CREATING ARTICLE VIII
SECTIONS 2-400 - 2-412 ENTITLED "EMERGENCY
MANAGEMENT;" PROVIDING A FRAMEWORK FOR THE
DECLARATION OF EMERGENCIES, PROVIDING FOR
DEFINITIONS, AND AN EMERGENCY MANAGEMENT
STRUCTURE; PROVIDING FOR A DECLARATION OF A
STATE OF EMERGENCY, TERMINATION OF A STATE
OF EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY
EMERGENCIES, WEATHER EMERGENCIES, THE
SUSPENSION OF LOCAL BUILDING REGULATIONS,
AND THE CERTIFICATION OF EMERGENCY
CONDITIONS; PROVIDING FOR REPEAL,
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, it is the intent of the City Commission of the City of Aventura,
Florida, by enacting this legislation, to provide the necessary organization, powers and
authority to enable the timely and effective use of all available City resources to
prepare for, respond to, and recover from emergencies, natural and man-made, which
may affect the security, safety, general welfare or health of the City of Aventura and its
residents; and
WHEREAS, it is the intent of the City Commission that nothing contained within
this ordinance shall relieve City Departments of their normally assigned duties,
responsibility and functions; and
Ordinance No. 2000-__
Page 2
WHEREAS, it is the intention of the City Commission to address all types of
emergencies including, but not limited to, the preservation of the public peace as
defined in Florida Statutes Section 870.041 et seq; and
WHEREAS, the City Commission is authorized to create emergency
management plans, pursuant to Chapter 252, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Chapter 2, entitled "Administration," of the City Code is amended to
create Article VIII "Emergency Management" consisting of Sections 400 - 412 to read
as follows:
Article - VIII Emergency Management
Section 2-400. Definitions.
As used in this Article:
(A) "Emergency" shall mean a condition which threatens or adversely
affects the public health, safety, general welfare or security and
which is or threatens to be beyond the control of those public and
private agencies normally responsible for the management of such
a condition, resulting from an act or imminent threatened act of
war, riot, terrorism, mob or other acts of violence; from
conflagration, explosion, hazardous materials incident or release;
from a weather event such as a flood, hurricane or tornado; from a
Ordinance No. 2000-.__
Page 3
disruption in the City's utility, or other utility system, or from any
other cause.
(B) "Average Retail Price" shall mean the price at retail for
merchandise, goods or services at which similar merchandise,
goods or services were being sold immediately preceding a
declaration of public emergency.
(C) "City ManageY' shall mean the City Manager of the City of Aventura
or his designee.
Section 2-401. Applicability of Provisions.
All officers, employees, contractors, subcontractors, vendors, boards and other
agencies of the City are subject to the provisions of this Article.
Section 2-402, Emergency Management Structure.
(A) The City Manager shall perform the functions of Director of
Emergency Management and shall implement, manage and report
on all actions authorized and taken under the provisions of this
Article.
(B) The City Manager or the City Manager's designee shall plan for the
coordination of those actions necessary for the creation and
maintenance of an effective emergency response capability to
prepare for and manage emergency conditions.
Section 2-403. Powers, Duties and Responsibilities.
Ordinance No. 2000-._
Page 4
The City Manager, when acting as the Director of Emergency Management, shall
have the following powers, duties and responsibilities.
(A) To declare a state of emergency pursuant to Section 2-404 and to
inform the Mayor and the City Commission of the reasons for and
status of events requiring the declaration.
(B) To direct the creation, revision and the exercise of emergency
response plans consistent with state and county emergency plans
for the mitigation of, preparation for, response to, and recovery
from emergencies, and to exercise all powers permitted by Chapter
252, Florida Statutes.
(C) To recommend funding to the City Commission for the creation and
maintenance of an emergency response capability as provided in
this Ordinance.
(D) To issue emergency regulations necessary for the protection of life
and property, establishment of public order, and control of adverse
conditions affecting public welfare resulting from an emergency.
(E) To plan for and develop an emergency operations control canter to
include equipment, manning, and operational procedures
necessary to the management and control of emergency
conditions.
Ordinance No. 2000-__
Page 5
(F) To develop and manage the City's emergency awareness public
information program.
(G) To apply for public assistance or other disaster relief funding.
Section 2-404. Declaration of a State of Emergency
(A) The City Manager shall have the sole authority to declare a state of
emergency.
(B) Any declaration of a state of emergency and all emergency
regulations activated under the provisions of this Article shall be
confirmed by the City Commission by resolution no later than at the
next regular meeting, unless the nature of the emergency renders
a meeting of the City Commission impossible. Confirmation of the
emergency declaration shall disclose the reasons for actions
proposed and taken to manage the emergency, and other pertinent
data relating to the emergency requiring the declaration.
(C) Emergency resolutions or orders authorized by this Article may
include, but are not limited to, the following subjects:
(1) Evacuation;
(2) Curfews; Declaration of areas off limits;
(3) Suspension or regulation of the sale of, or offer to sell, with or
without consideration: alcoholic beverages; ammunition; firearms;
explosives; or combustibles;
Ordinance No. 2000-.__
Page 6
(4) Prohibiting the sale of merchandise, goods or services at more
than the average retail prices;
(5) Water use restrictions;
(6) Suspension of local building regulations;
(7) Regulating the use of and rationing of fuel, ice and other
essentials;
(8) Emergency procurement procedures.
(D) A declaration of a state of emergency shall activate the emergency
plans applicable to the City. A declaration of a state of emergency
shall automatically invoke the emergency measures listed in
Section 870.044, Florida Statutes, if the emergency relates to overt
acts of violence or the imminent threat of such violence.
(E) A state of emergency, when declared, shall continue in effect from
day to day until declared to be terminated by the City Manager or
City Commission, in accordance with Section 2-405.
(F) Upon the declaration of a state of emergency, the City Manager
shall post a written notice of such declaration upon the main
bulletin board in Government Center, and shall, as promptly as
practicable, file in the office of the City Clerk a notice of a declared
state of emergency, or emergency measure declared or ordered
Ordinance No. 2000-.._
Page 7
and promulgated by virtue of Florida Statutes. The City Manager
shall notify the local media as soon as practicable.
(G) The City Manager may issue orders pursuant to this Article and
may elect to adopt orders issued by County or State emergency
management agencies.
Section 2,-405. Termination of a State of Emergency.
A state of emergency shall be terminated by a vote of the City Commission if
practicable or upon the certification of the City Manager that the conditions
leading to or causing the emergency no longer exist and the City's agencies and
Departments are able to manage the situation without extraordinary assistance;
provided, that a state of emergency established under Sections 870.041 -
870.046, Florida Statutes shall terminate at the end of a period of seventy-two
(72) consecutive hours after the declaration of the emergency, unless, prior to
the end of the seventy-two (72) hour period, the City Manager or the City
Commission has terminated such state of emergency. Any extension of the
seventy-two (72) hour time by the City Manager must be confirmed by the City
Commission by resolution at the next regular meeting, unless the nature of the
emergency renders a meeting of the City Commission impossible. Notice of
termination of the emergency declaration shall be made to the public by the City
Manager by the same means as the notice of the declaration of the state of
emergency.
Ordinance No. 2000-__
Page 8
Section 2-406.
(A)
(B)
(c)
Police Emergencies.
An emergency may be declared because of civil unrest or imminent threat
to public peace or order when the Chief of Police, or if unavailable, the
next highest ranking officer in the Police Department chain of command
certifies to the City Manager that an emergency condition arising from
hostile actions of others, armed or unarmed or other imminent threat to
public peace or order, requires extraordinary measures for control,
including, but not limited to curfew; blockade; proscription of the sale of
firearms, other weapons or alcohol beverages; explosives and
combustibles; evacuation; and other similar actions. The City Manager
may issue a declaration of a state of emergency in accordance with
Section 2-404.
The declaration of a state of emergency because of civil unrest or
imminent threat to public peace or order, shall authorize the issuance of
emergency resolutions or orders and other appropriate resolutions or
orders, as may be required and may, if applicable, require automatic
emergency measures pursuant to Section 870.044, Florida Statutes. In
addition, additional discretionary emergency measures pursuant to
Section 870.045, Florida Statutes may be issued.
A state of emergency may be declared because of fire and hazardous
materials emergencies, utility emergencies, and weather emergencies
Ordinance No. 2000-__
Page 9
when the Chief of Police, or if unavailable, the next highest ranking officer
in the Police Department chain of command certifies to the City Manager
that an emergency condition exists. The City Manager may issue a
declaration of a state of emergency in accordance with Section 2-404.
(D) The declaration of a state of emergency pursuant to Section 2-404
because of fire or hazardous materials emergencies, utility emergencies,
and weather emergencies shall authorize, respectively, the issuance of
emergency resolutions or orders.
Section 2407. Fire and Hazardous Materials Emergencies.
(A) An emergency may be declared because of fire or a hazardous materials
incident emergency when the Miami-Dade County Fire Chief or Police
Chief, or the designee of the Miami-Dade County Fire Chief or Police
Chief certifies to the City Manager that an actual or potential condition
arising from fire, explosion, chemical spill or release, building or bridge
collapse, or plane, train or other vehicle accident, requires extraordinary
measures for control, including, but not limited to calling out of off-duty
and reserve personnel; assistance by outside agencies; evacuation; and
other similar actions. The City Manager may issue a declaration of a
state of emergency in accordance with Section 2.404.
(B) The declaration of state of emergency because of fire and hazardous
material emergency shall authorize the issuance of emergency
Ordinance No. 2000-__
Page 10
resolutions or orders and other appropriate resolutions or orders, as may
be required.
Section 2-408.
(A)
Utility Emergencies
An emergency may be declared because of utility conditions when the
Director of Community Services or the designee of the Director of
Community Services or the Chief Operating Officer or the designee of the
Chief Operating Officer of the relevant franchise utility certifies to the City
Manager that:
(1) A condition exists
(2)
(3)
or is imminent that endangers the safety,
potability, quantity, availability, collection, conveyance,
transmission, distribution, treatment, or storage of water or waste
water through or within the water or waste water utility system
serving the City; or
A condition exists or is imminent that endangers the safety, quality,
quantity, availability, transmission, distribution, or storage of gas or
electricity through or within the franchised electrical or gas utility
system(s); and
Extraordinary actions to control and correct the situation are
required, including, but not limited to emergency purchase; call-in
of off-duty personnel; assistance by other communities and
agencies; and other similar actions.
Ordinance No. 2000-__
Page 11
The City Manager may issue a declaration of a state of emergency in
accordance with Section 2-404.
(B) The declaration of a state of emergency because of utility conditions shall
authorize the issuance of emergency resolutions or orders, and other
appropriate resolutions or orders, as may be required.
Section 2-409. Weather Emergencies.
(A) An emergency may be declared because of weather conditions when the
(B)
national weather service or a state, county or local emergency
management agency informs the City or the public that emergency
conditions resulting from meteorological conditions are present or
imminent. Meteorological conditions covered by this section shall include,
but are not limited to hurricane, floods, tornados, or other severe weather
conditions and the results therefrom. The City Manager may issue a
declaration of a state of emergency in accordance with Section 2-404.
The declaration of a state of emergency because of weather conditions
shall authorize the issuance of emergency resolutions or orders and other
appropriate resolutions or orders, as may be required.
Section 2-410. Suspension of Local Building Regulations.
The City Manager may authorize a suspension of local building regulations
during and following a declared state of emergency when the Chief Building
Official certifies through the Director of Community Development to the City
Ordinance No. 2000-___
Page 12
Manager that such action is necessary for the expeditious restoration of property
damaged by the emergency event. Such suspension of building regulations may
be applied on a case-by-case basis as required to remedy specific conditions
and to facilitate the provision of emergency housing to disaster victims. The
Chief Building Official shall specify the provisions of the building code to be
suspended and the reasons therefore, when certifying the necessity of such
suspension to the City Manager.
Section 2-411. Certification of Emergency Conditions.
A certification of emergency conditions to the City Manager may be verbal, but
each verbal certification shall be confirmed in writing within twenty-four (24)
hours following an emergency declaration.
Section 2-412. Penalty.
Any person, firm or corporation who violates any provision of this Article, for
which another penalty is not specifically provided herein or required by law shall,
upon conviction, be subject to such fine or imprisonment or both as provided by
Section 1-11 of the City Code. Each day that a violation shall continue to exist
shall constitute a separate offense.
Section 2. Repeal. All ordinances or parts of ordinances in conflict or
inconsistent with this Ordinance are repealed.
Section 3. Severabilit¥. If any word, clause, phrase, sentence, paragraph or
section of this Ordinance is held to be invalid by a court of competent jurisdiction, such
Ordinance No. 2000-__
Page 13
declaration of invalidity shall not affect any other word, clause, phrase, sentence,
paragraph or section of this Ordinance.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective upon passage
by the City Commission on second reading.
The foregoing Ordinance was offered by Commissioner
moved
its adoption on first reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. PeHow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Ordinance No. 2000-_._
Page 14
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7th day of March, 2000.
PASSED AND ADOPTED on second reading this
,2000.
day
of
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, ~g~
February 29, 2000
Formosan Termites Damage Prevention
Ordinance
Reading January 4, 2000 City Commission Meeting Agenda Item ~ 8B
Reading March 7, 2000 City Commission Meeting Agenda Item ~ ,9i
As discussed at the November Workshop Meeting, attached is an Ordinance that
addresses inspection and reporting requirements relating to Formosan termites. This
Ordinance has been amended to reflect the revisions discussed at the meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0847-00
ORDINANCE NO. 2000-.._
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 30 "ENVIRONMENT"
BY CREATING ARTICLE V "TERMITE DAMAGE
PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission finds that termites, including Formosan
termites, have the potential to cause great damage to property; and
WHEREAS, the City Commission finds that the land development regulations
provided by this Ordinance will serve to mitigate the potential for damage to be inflicted
by termites, including Formosan termites; and
WHEREAS, the City Commission finds that this Ordinance is consistent with the
Comprehensive Plan of the City of Aventura.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Chapter 30 "Environment" by creating Article V "Termite Damage Prevention"
consisting of Section 30-180 "Termites; Development of Land; Annual Inspection" to
read as follows:
Section 30-180. Termites; Development of Land; Annual
Inspection.
(a) Upon commencement of residential or commercial
development upon any vacant parcel of land in the
City, the owner of such parcel shall cause the
property to be treated for the prevention of termite
damage (including Formosan termites) and shall
Ordinance No. 2000-~
Page 2
provide a certification of treatment to the Building
Official of the City, on a form provided by City, prior to
the issuance of a certificate of occupancy by the City's
Building Official. The certification of treatment shall
specifically identify the treatment system which was
applied.
(b)
Commencing from and after January 1, 2000, each
residentially developed building in the City and each
commercially developed building in the City consisting
of more than 10,000 square feet of floor area shall be
required to have an annual inspection of the building
for termite activity or damage (include activity or
damage from Formosan termites). The owner of such
building shall be responsible for providing for the
inspection by a State licensed pest control
professional. In the case of cooperative buildings, the
cooperative owners association shall be the party
responsible for providing for such inspection. In the
case of condominiums, the condominium association
shall be the party responsible for providing for such
inspection. As to buildings for which it has the
authority to provide termite treatment, the
homeowners association shall be jointly responsible
with the owner for providing such inspection. The
annual inspection shall be conducted at any time
between the period of May 1 to July 31 of each year.
Within ten days of completion of the annual inspection
a copy of the report thereof shall be provided by the
responsible party to the City's Community
Development Department on a form provided by City.
(c)
The Community Development Department shall
periodically compile the results of termite inspection
reports furnished to it pursuant to this Section.
Section 2. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
2
Ordinance No. 2000-._
Page 3
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00. Each day that a
violation continues shall be deemed a separate violation. This Ordinance shall also be
subject to enforcement under the Local Government Code Enforcement Act, Chapter 162,
ES, as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may
also be by suit for declaratory, injunctive or other appropriate relief in a court of competent
jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Ordinance No. 2000-__
Page 4
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 4th day of January, 2000.
PASSED AND ADOPTED on second reading this 7th day of March, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Ken Cohen, Commissioner
March 2, 2000
Term of Advisory Board Chairpersons
March 7, 2000 City Commission Meeting A,qenda Item 11A
It has come to my attention that the ordinances establishing the two advisory boards in
the City do not provide for a length of term for the chairpersons.
I feel that this was an oversight when the boards ware established and I would like for
this matter to be addressed and provide that the chairpersons are elected annually.
In addition, I feel that the Commission should consider term limits for Board members.
Please place this item on the next agenda for consideration by the Commission.
KC/tms
Sent By: HP LaserJet 3100; 3058646299; Mar-2-O0 12:51PM; Page I
t4ARCH 7, 2000 COHt4ISSION PiT. AGEiVDA ITEH lib
To: Honorable Ken Cohen
From: Joe Gareia
Phone: Pages: 4
Re: CC;
[] Urgent [] For Revie~ 0 Please Comment
[] Please Reply [] Please Recycle
Transmission problem, please call
i,,C. omments:
I am forwarding the material we discussed H,h morning for your review. State Rep.
Bob Henriquez has introduced a similar remduflon in the Florida House~ ami I am
wo~i~ on flndin~ n Senate sponsor.
A joint pres~ release from Deustth, Wexler, Bloom and Brown h nho being written, and
a letter to the Governor signed by Jewish and African American sate legislators win be
sent today.
If yo'd have any questions, or need additional informnflon please give a call (305) 864-
9227.
please ~ ~ to ~he add~ below and ca~ 305/864-9227. '11ze contenv of ~hi~ transnmsio~ is p~
con&J~:miaI and ptopfiet-ar/. ~ Yov,
Sent By: HP LaserJet 3100; 3058646299; Mar-2-O0 12:51PM; Page 2/4
OAIICIA POBLI¢ AFFAIRS-POLITICAL RELATIONS
Joseph F. Giuci~
Resolution against Intolerance
Whereas the City o[ the strongly ~'~Jcct~ thc pr. cdc. es
of aC-mm, segtv, gaaon, and intolerance based on religious beliefs;
Whereas the adminisLration of Bob Jones IJnivetsily enforces a segregafimfist
policy by prohibiting, the f:tee association of interracial couples on the Bob
Jones University campus;
Whereas officials of Bob Jones UmWessity routinely disparage th,~se of other
religious faiths with intolerant and derogatory zem~rks;
Whereas Govesnor Jeb Bush likened an appearance at Bob Jon~s University to a visit to a.lex, fish
synagogue; and
Whereas senior officials of Bob Jones Unive~ity have made openly zacist ~arks
on many occasions xel3~ding African Americans, Jews, Hispanies and Asians: Now, therefore, be it
RESOLVED, 'that the City of
(1) condemns practices, such as flxose prevalent at Bob Jones Umversity,
that seek to discriminate against and divide Americans on thc basis of race,
ethtficfity, religion; and
(2) strongly denounces individuals who seek to subvert the American idesfls
of inclusion, equality and social justice; and
O) ask Governor Jeb Bush to offer a pexaonal apology to the Jev&h citizens of Horida for likemng
an appeaxance at Bob Jones University to a vi,sit to a Jewish synagogue.
Sent By: HP Laser Jet 3100; 305864§299; Mar-2-O0 12:51PM; Page 3/4
Jeb Bush
de~ds
brother's
Sent By: HP Laser Jet 3100; 3058646299; Mar-2-O0 12:52PM; Page
...... B~h echoed his tmwher's crfd-
~ Bt. Petembur~ 'rimes. 19mi
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dada County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-
Dada County, F~orida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING- 3/7/00
APPLICATION NO.:
01-SV-00
in the ............ ~ ...................... Court,
was published in said newspaper in the issues of
Feb 24, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-
Date County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami-Dada
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dada
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant futher says that she has neither paid nor promised
any per n, firm or corporation any discount, rebate, com-
missio r refund for the purpose of securing this adventss-
~!ment f puhlicatio n the said. news~aper.~~
24 I~ Sw~;7~ibed her°re me t~s000
Sockla Wilmi~lm~w~a~, ¢¢ BSS~0 II
ll~,~',~,'~ E×PtR~$: Marct?, 2004. II
NO'
Date and Time of
Applicant Name:
Assst Managem
Applicant Requet
Amedca and Gu;
Promenade Sho
(2ITY OF AVENTURA
rice OF PUBUC HEARING
Public Hearing: Tqesday, March 7, 2000 6:00 p,m.
Prudential Insurance Co. of America ano Gumberg
mt
f: The applicant, the Prudential Insurance Company of
~berg Asset Management Corporation on behalf of the
~s shopping center, is requesting the following:
square feet in ~rea and 30 fee~ in height to remain on the east
frontage o[ Bisbeyne Boulevard Where the applicant is al owed
one monument s~gn a maximum qf48 square feet in area and 8
feet in height under the current code: and
2a) A sign variance to permit two
square feet in area and ~ feet in h
age of Biscayne Boulevard and
Street where one such sign with a
and ia maximum height of 4 feel i~
2b) A var~nce to permit such le;
and red where code permits oaiy
2c) A variance to permit such lea
permanent bas, is where such s~gnt
temporary basi~ until full occupan~
achieved.
Application Number: 01-SV-00
xisting leasing signs, each 58
~ight located on the east front-
he north frontage of NE 203
~mmum area of 4 souare feet
allowed by cooe; and
sing signs to be colored blue
~lack and white signs: and
)ing signs to be located on a
are allowed by code only on a
, of available repent space is
Location of Subject Property: 20301 . 20695 Biscayne Boulevaro
Legal Deacripflon~ Tracts 'A', "B", an~] 'C", of the Plat of THE PROME-
NADE SHOPS, according to the plat ~hereof reeordedilF Plat Book-133
Page 39 of the P{~blic records of ~ fia~i-Dade Cou_nt~,_FIorida
Size of Subject Property: 28191 acres
Plans are on file and rnay be~e~ xamined during regular business hours in
the City of Aventura, Communib/Development Department, 2999 NE 191
Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or
before the Public Hearing. The application may change during the hearing
process.
The Public Hearing will be held at Biscayne Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180, Your
comments may he mebe in person at the hearing or filed in writing prior to
the hearing bate. Refer to applicant/p ,mperty'on correspondence and mail
same to City of Aventura, Community Development Department, 2999
NE 191 Street, Suite 500, Aventura, Florida, 33180. For further informa-
tion, please call (305) 466-8940.
In accordance with the Americans with Disaeflities Act of 1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of that disability should contact the Office
ct the City Clerk, (305) 466-8901, not later than.two business days prior to
such proceedings.
If a pemon decides to appeal any decision made by the City Commis*
sion with respect to any matter considered at a maefieg or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made1 which
record includes the testimony and evidence upon which the appeal is to
be based.
Teresa M. Boroka, CMC, City Clerk
2/24 00-3-0224107/26126M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dada County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMt-DADE:
Sefore the undersigned authority personally appeared
Sookie Williams, who on oath says that sfle is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING- 3/7/00
APPLICATION NO.:
01-AR-00
in the ............ ~;; ~<; ~ ~<; ;~ ...................... Court,
was published in said newspaper in the issues of
Feb 24, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-
Dada County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami-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 Miami-Dada
County, Florida, fm a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says lhat she has neither paid nor promised
any parson, firm or corporation any discount, rebate, com-
mission Or refund for the purpose of securing this advertise-
ment far publication in the said newspaper.
2000
(SEAL)
CITY OF AVENTURA
NOTICE OF PUBUC HEARING
Date and Time of Public Hearing; Tuesday, Mar~h 7, 2000 6:00 p.m.
Applicant Name: Aventura Tumber~/Jewish Center - Beth Jacob, Inc,
Applicant Request: The applicant is requesting abandonment of an un-
foot wide alleys, totaling 682 feet in length, located in Block 17 of the
Hallandale Park No. 8 Subdivision; and is requesting this abaedonment
to facilitate the current development of a recreational area and future
expansion of their synagogue and school.
Application Number: 01-AR-00
Location of Subject Property: Unimproved NE 205 Street extending
from NE 30 Avenue to the west approximately 260.24 feel and all the
unimproved alleyways platted in Block 17 of the Hallandale Park No. 8
Subdivision except for a 32.21 foot segment adjacent to Lot 1.
Legal DesCription: A portion of NE 205 Street {indicated as BERSHIRE
DRIVE) as dedicated by the plat of HALLANDArE PARK NO. 8. ac-
cording to fhe plat thereof, as recorded in Plat Book 20 at Page 49 of the
Public Records of Miami-Dade County, Florida·
and
All of the 10 foot wide Alleys withi_n Block 17: HALLANDALE PARK NO
8. according to the plat thereof as recorded in Plat Book 20 at Page 49
of the Public Records of Miami-Dede County· Florida: Less and except-
ing therefrom that portion of the northeasterly alley which lies no~lhany
of the southerly line of Lot 1 of said Block 17
Size of Subject Property: Approximately 21.044 sauare feet (0.48
acres).
Plans are on file and may be examined during regular business hours in
the City of Aventura, Community Developraent Department, 2999 NE 191
Street. Suite 500. Aventura F~oHda. 33180. Plans may be r~odified at or
before the Public He~ring. The application may change dudng the heedog
The Public Hearing will be held at Biscayne Medical Arts Building,
21110 Biscayne Boulevard. Suite 101. Aventura. Florida. 33180. Your
comments rr~y be made in person at the head~pg or died in wdting ador to
the heating date. Refer to applicant~propedy ohcorrespondence and mai
same to City of Aventura. Community Development Department 2999
NE 191 Street. Suite 500, Aventura, FIork/a. 33180. For further inlorma-
tion. olease call (3051 466-8940.
In accordance with the Americans with Disabilities Act of 1990. all per-
s~ns who are disabled and who need sp6cial accommodations to partici-
pate in this proceeding because of that disability should contact the Office
of the City Clerk, (305) 466-8901, not later than two business days prior to
such proceeding%
if a person decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at a meeting or hearing, that
'. person will need a record of the proceedings and, for such purposa, 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·
Teresa M Soroka, CMC, City Clerk
2/24 00-3-0224106/26123M
el Hueve Herald
www.~e~com
www. clhee~ld, com
Published Daily
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
TONI RICHARDSON
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of The Miami Herald Publishing Company, a daily newspaper published at Miami
in Dade County, Florida; that the advertisement for ~-~
was published in said newspaper in the issues of: EfT
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade County, Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade County,
Florida, for a period of one year next preceding the first publication of the attached
copy of advertisement.
Toni Richardson
Sworn to and subscribed before me
this .Z~ day of
A.D. 2000
Monica Kelly
MON~CA J. I~LLY
MY COMMiSSiON # CC 897548
EXPIRES: April 22, 2004
16855 N.E. 2nd Avenue, North Miami Beach, FL 33162
CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT
OFTHE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local
Planning Agency, will meet in a public headng on
Tuesday, March 7, 2000 at 6:00 pm to consider adop-
tion of the following Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09, BY AMENDING ZONING
DISTRICT REGULATIONS CONCERNING ABOVE
GROUND FUEL STORAGE TANKS SERVING
EMERGENCY GENERATORS; PROVIDING FOR
INCLUSION tN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
Immediately following the Local Planning Agency
meeting, the City Commission of the City of Aventura,
as the governing body, will consider at a public hear-
lng adoption of the above described Ordinance.
The above described Public Hearings will be held
commencing at 6:00 pm on Tuesday, Mamh 7, 2000,
at Biscayne Medical Arts Building, 21110 Biscayne
Boulevard, Suite 10t, Aventura, Florida, 33180. The
proposed Ordinance may be inspected by the public
at the Office of the City Clerk, 2999 NE 191 Street,
Suite 500, Aventura, Florida. Interested parties may
appear at the Public Hearing and be heard with
respect to the proposed Ordinance. Any person wish-
ing to address the City Commission on ay item at
these Public Hearings is asked to register with the
City Clerk prior to that item being heard.
In accordance with the Americans with Disabilities
Act of 1990, all persons who are disabled and who
need special accommodations to participate in this
proceeding because of that disability should contact
the Office of the City Clerk, (305) 466-8901, not later
than two business days prior to such proceedings.
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency or
as the governing body, with respect to any matter
considered at a meeting or hearing, that person will
need a record of the proceedings and, for such pur-
pose, 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.