04-04-2000 CC Meeting AgendaCity Commission
Arthur 1. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
City Manager
Eric M. Soroka
City Clerk
Teresa M. Soroka, CMC/AAE
Harry Holzberg City Atlomey
Jeffrey M. Perlow Weiss Serota Helfman
Patricia Rogers-Libert Pastoriza & Guedes
AGENDA
April 4, 2DDD - 6 PM
(immediBtely [ollowinD LI]A heaPinD)
Biscayne Medical Arts Building
21 t 10 Biscayne Boulevard Suite 10 l
Aventura, Florida 33180
2.
3.
4.
CALL TO ORDERLROLL CALL
PLEDGE OF ALLEGIANCE
ELECTION OF VICE MAYOR
APPROVAL OF MINUTES: Commission Meeting
Commission Workshop
March 7, 2000
March 27, 2000
AGENDA: Request for Deletions/Emergency Additions
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 from the Consent Agenda and
considered separately.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM CONTRACT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND THE CITY OF AVENTURA;
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AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Planning Grant Agreemem with
Florida Department of Community Affairs to be utilized to develop
conceptual plan and economic feasib'dity analysis for redevelopment of
Lochman's Plaza/Thunder Alley District)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
(Provides for appointment of Recreation and Cultural Arts Advisory
Board Members for one-year terms)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE AVENTURA
HOSPITAL AND MEDICAL CENTER'S CERTIFICATE OF NEED
APPLICATION AND IMPLEMENTATION OF AN OPEN HEART
SURGERY SERVICES PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
(Supports Aventura Hospital's application for Open Heart Surgery
Services Program)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE NEED FOR A
PLANNING STUDY IN THE OJUS AREA; APPROVING THE
APPOINTMENT OF COMMISSIONER JAY R. BESKIN TO
SERVE AS THE CITY'S LIAISON TO THE OJUS PLANNING
STUDY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
(Supports Planning Study for Ojus area)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CONDEMNING ALL FORMS OF
VIOLENCE RELATED TO FIREARMS; URGING BUSINESSES
TO ESTABLISH "GUN FREE" ZONES; EXPRESSING THE NEED
FOR GUN CONTROL AND STATE AND FEDERAL
LEGISLATION ADDRESSING PROBLEM OF FIREARM
RELATED VIOLENCE; PROVIDING FOR EFFECTIVE DATE.
(Establishes City Commission's position on firearms control)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 00-03-14-2, ELECTRICAL
MAINTENANCE SERVICES TO FLORIDA ELECTRIC SERVICE
2
CO. INC. AT THE BID PRICES AS CONTAINED IN EXHIBIT
"A'; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Awards bid for emergency electrical maintenance services to Florida
Electric Service Co.)
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 1999
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DECLARING CERTAIN PROPERTY
LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO
THE NEEDS OF THE CITY OF AVENTURA; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE.
(Declares certain property of the City as surplus)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38
WHICH DID ADOPT A FEE SCHEDULE FOR BUILDING
PERMITS, AS AMENDED BY RESOLUTION 98-28;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Provides for amendment to the Building Permits Fee Schedule)
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 CHAPTER 9 - SIGN REGULATIONS, SECTION
901.7(b) CONCERNING WALL SIGNS ON OFFICE AND HOTEL
BUILDINGS; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION;" ARTICLE III "ADVISORY BOARDS," BY
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9. PUBLIC
A.
AMENDING DIVISION 2 "BEAUTIFICATION ADVISORY
BOARD," BY AMENDING PARAGRAPH (B) OF SECTION 2-124
"RULES OF PROCEDURE; OFFICERS; VOTING," AND
DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY
BOARD," BY AMENDING PARAGRAPH (B) OF SECTION 2-154
"RULES OF PROCEDURE; OFFICERS; VOTING" TO CLARIFY
THAT EACH BOARD SHALL ANNUALLY ELECT A
CHAIRMAN; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE (THE "CODE") BY AMENDING
CHAPTER 2, "ADMINISTRATION," ARTICLE V, "CODE
ENFORCEMENT," SECTION 2-339 OF THE CODE, "CONTENTS
AND SERVICE OF WARNING," AND SECTION 2-340 OF THE
CODE, "CONTENTS AND SERVICE OF NOTICE," PROVIDING
FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING
A PROCEDURE FOR NOTICE OF TRANSFER OF PROPERTY
SUBJECT TO CODE ENFORCEMENT PROCEEDINGS;
AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR
VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT
VIOLATIONS," PROVIDING FOR A FINE OF UP TO $5,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY
MAY CORRECT OR REPAIR A VIOLATION THAT PRESENTS
A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND
WELFARE; AUTHORIZING THE CITY TO CHARGE THE
VIOLATOR WITH THE COSTS OF REPAIRS; AMENDING
SECTION 2-344 OF THE CODE, "RECOVERY OF UNPAID
PENALTIES; UNPAID PENALTY TO CONSTITUTE LIEN;
FORECLOSURE OF LIEN," PROVIDING THAT THE CITY MAY
INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE
ENFORCEMENT LIEN IN THE FORM OF A MONEY
JUDGMENT; AMENDING SECTION 2-346 OF THE CODE,
"PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING
THAT THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL
AND CUMULATIVE TO ALL OTHERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
HEARING: ORDINANCES - SECOND 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
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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 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.
10. RESOLUTIONS: None.
OTHER BUSINESS:
MOTION TO RECONSIDER AGENDA ITEM 9A -
TELECOMMUNICATIONS ORDINANCE - OF THE FEBRUARY 1, 2000
COMMISSION MEETING (Commissioner Berger)
12. REPORTS
13. PUBLIC COMMENTS
14. ADJOURNMENT
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SCHEDULE OF FUTURE MEETINGS/EVENTS:
Commission Meeting May 2, 2000
*Government Center 2999 NE 191 ~ Street Suite 500
**Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
6 p.m.**
TUESDAY, MARCH 7, 2000 6 PM
(following LPA hearing)
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:16 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.
6. SPECIAL PRESENTATIONS (Taken out of order) Plaques were presented by the
Mayor to the sponsors of the 1999 Youth Football League: Aventura Mall, Aventura
Hospital and Linda Marx Realty.
2. PLEDGE OF ALLEGIANCE.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - 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 cress-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, if any.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
PROMENADE SHOPS, LOCATED AT 2030'1-20695 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 45 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.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff repod into the record. A motion for approval of
the resolution was offered by Commissioner Holzberg and seconded by
Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The
following individual(s) addressed the Commission: Dave Siegel, of Gumberg
Asset Management, and Jay Salowsky, Esq., both representing the applicant.
There being no further speakers, the public hearing was closed. The motion for
approval failed unanimously. A motion to deny the request of the applicant was
offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg
and unanimously passed.
Commissioners Perlow and Beskin left the meeting at this time.
B. Mr. Weiss read the following resolution by title:
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.
Ms. Kelley explained the request of the applicant and entered the staff report into
the record. A motion for approval of the resolution was offered by Commissioner
Hotzberg and seconded by Commissioner Rogers-Libert. Mayor Snyder opened
the public hearing. There being no speakers, the public hearing was closed. An
amendment was offered by Mayor Snyder, seconded by Commissioner Cohen
and unanimously passed to provide in the first Whereas clause that the applicant
is a non-profit organization. The motion for approval, as amended, passed
unanimously, 5-0, with Commissioners Perlow and Beskin absent for the entire
hearing and Resolution No. 2000-11 was adopted.
Commissioners Perlow and Beskin returned to the meeting.
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4. APPROVAL OF MINUTES: A motion to approve the minutes of the February 1,
2000 Commission meeting and February 25, 2000 Commission Workshop Meeting
was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg
and unanimously passed.
$. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mayor
Snyder requested that item 11B be deferred to the next Commission Workshop
meeting.
CONSENT AGENDA: Commissioner Beskin requested removal of items 7A, B & H,
Commissioner Perlow requested removal of items 7C & D and Vice Mayor Berger
requested removal of item 7G, all from the Consent Agenda. A motion to approve
the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Berger, unanimously passed and the following action was
taken:
E. The following motion was approved:
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
F. Resolution No. 2000-12 was adopted as follows:
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.
The following items were removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following resolution by title:
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.
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A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Berger. An amendment was offered by Commissioner Beskin and
seconded by Commissioner Rogers-Libert to substitute the resolution discussed
at the February Workshop meeting in place of the subject resolution. The
amendment failed, 2-5, with Commissioners Beskin and Rogers-Libert voting
yes. A motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Beskin and unanimously passed to table this matter to provide for
revision of the resolution.
B. Mr. Weiss read the following motion:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000
FOR 10 DEFIBRILLATORS, MOBILE COMMAND VEHICLE,
SURVEILLANCE EQUIPMENT AND K-9 DOG FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
The motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously passed.
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 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.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Cohen. An amendment was offered by Commissioner Perlow,
seconded by Commissioner Rogers-Libert and unanimously passed to include in
this work authorization the design costs for the north side of Aventura Boulevard,
completing the project in two phases. The motion for approval, as amended,
passed unanimously and Resolution No. 2000-13 was adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE cl'rY 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
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MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Rogers-Libert. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to
amend section 2a to provide that the Interlocal Agreement for Lease Books
Program is "subject to renewaF on an annual basis. The motion for approval, as
amended, passed unanimously, and Resolution No. 2000-14 was adopted.
G. Mr. Weiss read the following resolution by title:
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.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg, unanimously approved, and Resolution No. 2000-15
was adopted.
H. Mr. Weiss read the following resolution by title:
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. 203P~ STREET CONSTRUCTION PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Berger and seconded by
Commissioner Cohen. George Berlin, Turnberry & Associates, addressed the
Commission. An amendment Was offered by Commissioner Perlow, seconded
by Commissioner Rogers*Libert and unanimously passed to amend the third
Whereas clause to provide that this is for the health, safety and welfare of
residents and provides an additional emergency evacuation route. The motion
for approval, as amended, passed unanimously and Resolution No. 2000-16
was adopted.
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8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. Mr. Weiss read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. An amendment was offered by Commissioner Perlow,
seconded by Commissioner Rogers-Libert and unanimously passed to delete
sections 703.2.4 and 703.3.4 therefrom. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The motion for
approval, as amended, passed unanimously by roll call vote.
B. Mr. Weiss read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Berger. The motion for approval passed unanimously, (6-0) by
roll cell vote. (Vice Mayor Berger was absent from the room for the vote).
C. Mr. Weiss read the following ordinance by title:
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, POMCE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY EMERGENCIES,
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10.
11.
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.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Holzberg. An amendment was offered by Commissioner
Rogers-Libert and seconded by Commissioner Beskin to amend Section 2-410 to
delete "and following" from the second line and provide in the paragraph "unless
otherwise extended by the City Commission". An amendment was offered by
Commissioner Perlow, seconded by Commissioner Rogers-Libert and
unanimously passed to amend Section 2-410 to provide "unless terminated by
the City Commission." An amendment was suggested by Commissioner Beskin
to provide in Section 2-404(F) that the City Manager will notify the media and
residents as soon as possible in the manner most practicable and expeditious.
Vice Mayor Berger suggested that the definition of "Emergency" be amended to
provide a semi-colon after utility system and add at end of sentence "reason,
condition or circumstance". The motion for approval, as amended, passed
unanimously by roll call vote.
PUBUC 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.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Holzberg Mayor Snyder opened the public hearing. The
following individuals addressed the Commission: Mr. Berlin; Joseph Platnick,
18071 Biscayne Blvd., and Ginger Grossman, 20100 W. Country Club Drive.
There being no further speakers, the public hearing was closed. The motion for
approval passed unanimously and Ordinance No. 2000-07 was adopted.
RESOLUTIONS: None.
OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION RE: LENGTH OF TERM
OF ADVISORY BOARD MEMBERS AND TERM OF
CH~RPERSONS(CommissionerCohen)
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A motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Perlow and unanimously passed to direct staff to prepare
an amending ordinance to clarify that elections for Board Chairpersons
shaft be held on an annual basis.
DISCUSSION - RESOLUTION AGAINST INTOLERANCE
(Commissioner Cohen)
Deferred to future Workshop.
12. REPORTS: As presented.
13.
14.
City Attorney to prepare ordinance addressing use of right-of-ways within the City
for discussion at next Workshop Meeting.
Mayor appointed a Committee to make recommendations concerning
beautification of the flyover, Members include Commissioner Holzberg (chair),
Commissioner Beskin and Vice Mayor Berger.
PUBLIC COMMENTS: Robert Friedman, 20780 NE 30th Place; Mr. Platnick;
Ken Friedman; Art and Ginger Grossman.
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 8:55 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.
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A] v ntC
ara
MINUTES
CITY COMMISSION
WORKSHOP MEETING
MARCH 27, 2000 9 AM
Aventura Government Center
2999 NE 191st Street Suite 500
Aventura, Flodda 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. $oroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
AVENTURA HOSPITAL AND MEDICAL CENTER: Davide Carbone, CEO of
Aventura Hospital and Medical Center, addressed the Commission. He and
Frank Schnidman, Esq., counsel for the hospital, exhibited and discussed a
proposed plan for expansion of the hospital within the "Hospital District" and
requested Commission's support and assistance in completing this plan. City
Manager and hospital representatives to discuss next step in the process,
including possible feasibility study to create CRA and report back to Commission.
In addition, Mr. Carbone discussed the hospital's application for a Certificate of
Need for open-heart surgery and requested the Commission's support by letter
and resolution.
MAGNUM MARINE PROPERTY: Noting that negotiations to purchase the
property from the owner have failed, Mr. Soroka recommended that in order to
proceed with acquisition of the property, a condemnation "slow-take" process be
initiated and requested Commission's direction. Consensus to proceed with
"slow-take" process.
ROW ORDINANCE: Commissioner Perlow proposed enactment of an ordinance
regulating use of right-of-ways within the City. Motion to reconsider
Telecommunications Ordinance to be placed on April 4, 2000 agenda.
(Commissioner Perlow left the meeting at this time - 10:15 a.m.)
FIREARMS RESOLUTION: An amended resolution was presented to
Commission for consideration. Commission suggested further amendments to
be made prior to consideration at next Commission meeting.
LEBOWlTZ MEMORIAL: Commission discussed a request by the family of the
late Eugene Leibowitz to accept a contribution in the amount of $30,000 for a
gazebo to be constructed in Founders Park in the name of Mr. Leibowitz.
Alternatives to be discussed with the family for further consideration by the
Commission.
OJUS STUDY: (Commissioner Beskin) Caryn Montague, Chair, Community
Council Two, addressed the Commission, requesting Commission's support of
the area study. Consensus to adopt a resolution in support of the study. Mayor
appointed Commissioner Beskin as City's representative to steering committee.
SCHOOL SITE UPDATE: Mr. Soroka updated the Commission on the status of
the Eminent Domain Bill filed with the Florida Legislature. In addition, he
updated Commission on the status of his meetings with the School Board, noting
that they are presently considering 2 sites: Gulfstream property and a trailer park
across from the Mall west of West Dixie Highway.
CONFERENCE REPORT: (Vice Mayor Berger) Commissioner Berger reported
on his attendance at the December 1999 National League of Cities Conference
in Los Angeles.
RELIGIOUS LIBERTY PROTECTION ACT OF 2000 (Commissioner Rogers-
Libert). Deferred to next Workshop meeting.
10.
REQUEST TO CHANGE APRIL MEETING DATE: (Commissioner Rogers-
Libert). Removed from agenda.
11. BOARD REPORTS: None
Mr. Soroka advised the Commission of receipt by the Police Department of the CALEA
certification and updated the Commission on the status of the City's grant applications
presently in the legislative process.
Mayor discussed landscaping and other possible beautification of the flyover.
12.
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 11:35 a.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 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
FROM:
TO: City Commission
DATE: February 29,200
SUBJECT: .on of Planning Grant
April 4, 2000 City Commission Meeting Agenda Item .J..A
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the execution of a Planning Grant Agreement with the Department of
Community Affairs (DCA) in the amount of $40,000. The grant will be utilized to
develop a conceptual plan and economic feasibility analysis for pursuing
redevelopment of the "Loehman's Plaza 1 Thunder Alley" District Area.
BACKGROUND
At the legislation session of 1997, new cities were allocated $120,000 over a three-year
period to assist in the formulation of the Comprehensive Plan and Land Development
Regulations. The amount was subject to reappropriation on an annual basis.
Based on the fact that our City completed the preparation and adoption of our Land
Development Regulations sooner than originally anticipated, $40,000 remained from
the amount earmarked for the 1999/2000 fiscal year.
Therefore, the City Administration requested DCA to allow the funds to be utilized for a
planning study that would implement portions of the Comprehensive Plan.
If you have any questions, please feel free to contact me.
EMSlaca
Attachment
CC0856-00
RESOLUTION NO. 2000-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ASSISTANCE
PROGRAM CONTRACT BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
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
Local Government Comprehensive Planning and Land Development Regulation
Assistance Program Contract between the State of Florida Department of Community
Affairs and the City of Aventura.
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 .. , who
moved its adoption. The motion was seconded by Commissioner ,
and upon being put to a vote, the vote was as follows:
Resolution No. 2000-__
Page 2
Commissioner Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of April, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
DEPARTMENT
JEB BUSH
Governor
STATE OF FLORIDA
OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
STEVEN M. SEIBERT
Secretary
Ms. Brenda Kelley
Community Development Director
City of Aventura
2999 Northeast 191 Street, Suite 500
Aventura, Florida 33180
March 9, 2000
QOMMUNIT¥ DEV~LOPMENT
Re:
Local Government Comprehensive Planning and Land Development Regulation
Assistance Program Contract
Dear Ms. Kelley:
The 1999-2000 General Appropriations Act provides for an additional $40,000 grant to
be awarded to new local governments to assist in the development of the comprehensive plans.
Included as attachments are two original contracts for third-year funding under this program.
Please review, have the contracts signed by the Mayor or any city official authorized by
ordinance, and submit both originals back to the Department for final execution.
If you have any questions, please call me at (850) 922-1752.
Sincerely,
Beth Frost
Senior Management Analyst I
Attachments
2555 SH UMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address: http://www.dca.state.fl.us
FLORIDA KEYS GRE[N SWAMP
Area of Critical State Concern Field Office Area of Critical State Concern Field Office
2796 Overseas Highway, Suite 212 205 East Main 5troet, Suite 104
Marathon, Florida 33050-2227 [3ar tow, Florida 338304641
Contract Number:
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Aventura, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services; and
B. WHEREAS, the Department has a need for such services and does hereby accept the offer
of the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Department has the authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) DEFINITION AND SCOPE OF WORK.
The Recipient agrees, under the terms and conditions of this contract and the applicable
state and local laws and regulations, to undertake, perform, and complete the specified work products
outlined in the Scope of Work and Schedule of Deliverables (Attachment A of this Agreement).
(2) REQUIRED REPORTS.
The Recipient shall provide to the Department a contract closeout report consisting of a
copy of each work product produced under this program. The report must be received by the
Department no later than November 1, 2000. If all required reports and copies, prescribed above, are
not sent to the Department or are not completed in a manner acceptable to the Department, the
Department shall withhold further payments until they are completed. The Department may terminate
this contract if reports are not received within ten (10) days after notice by the Department.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end November
2000, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department
at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(5) RECORDKEEPING
(a) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained until apl litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for three years
after closing of title.
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work and
Schedule of Deliverables - Attachment A - and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its records at reasonable
times to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Scope of Work is being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function
or activity set forth in Attachment A to this Agreement.
(7) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be
solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall
save the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any
contract.
(8) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of
the following events occur ("Events of Default"), all obligations on the part of the Department to make
any further payment of funds hereunder shall, if the Department so elects, terminate and the Department
may, at its option, exercise any of its remedies set forth herein, but the Department may make any
payments or parts of payments after the happening of any Events of Default without thereby waiving the
right to exercise such remedies, and without becoming liable to make any fudher payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of
the services required under the Scope of Work and Schedule of Deliverables attached hereto as
Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained
herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least ten
(10) days prior written notice of such termination. The notice shall be effective when placed in the
United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address set forth in paragraph (9) herein;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the R~cipient to reimburse the Depar[ment for
the amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative
hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(9) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Beth Frost
Senior Management Analyst I
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850) 488-2356
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (9)(a) above.
(10) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans VVith Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of Category Two for a
period of 36 months from the date of being placed on the convicted vendor list.
(11) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) The Recipient shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and
10.600, Rules of the Auditor General.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the eventthe audit shows that the entire funds disbursed hereunder, orany
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall
be held liable for reimbursement to the Department of all funds not spent in accordance with these
appJicable regulations and Agreement provisions within thirty (30) days after the Department has notified
the Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to
the expiration of the three-year period, the records shall be retained until the litigation or audit findings
have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by
the date the audit report is issued by the state Auditor General, whichever is later.
(i) An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
(12) SUBCONTRACTS.
If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within ten (10) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by all applicable state and federal laws and regulations, (ii) the subcontract is
bound by the terms and conditions of this contract between the Recipient and the Department, and (iii)
the subcontractor shall hold the Department and Recipient harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this Agreement, to the extent
allowed and required by law. Any work products produced under the terms of a subcontract entered into
by the Recipient must meet the full terms and conditions, including timeframes, of this agreement
between the Recipient and the Department in order for the Recipient to receive payment from the
Department.
(13) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(14) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only
to the extent of such conflict or inconsistency.
(15) FUNDING/CONSIDERATION
(a) This is a fixed fee agreement. As consideration for performance of work rendered
under this Agreement, the Department agrees to pay a fixed fee of up to $40,000.00. Payment will be
made in accordance with the provisions of Attachment A, Scope of Work and Schedule of Deliverables.
(b) Use of Funds.
1. Funds may be used for salaries and expenses of local government staff
members or subcontractors involved in preparing all or a portion of the required work products specified
in Attachment A, Scope of Work and Schedule of Deliverables.
2. Funds may not be used for the purchase of equipment, fixtures, or other
tangible property of a nonconsumable and nonexpendable nature with an expected useful life which
exceeds the duration of this contract.
(16) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be subject t~)
the same terms and conditions set forth in the initial Agreement. There shall be only one extension of
the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the
Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
'7
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the
employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(17) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(18) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their undersigned officials as duly authorized.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY: BY:
DATE: DATE:
FID#
J. THOMAS BECK
DIRECTOR
Attachment A
Scope of Work and Schedule of Deliverables
Scope of Work
Objectives
To develop a conceptual plan and economic feasibility analyses for pursuing redevelopment of
the "Loehmann's Plaza/Thunder Alley" District Area, as identified in the comprehensive plan.
The study will seek to address the issue of redevelopment feasibility due to market and
development economic factors.
Tasks
Conduct "windshield survey" to identify readily observable conditions within the
proposed redevelopment area. Depict and describe physical and functional conditions
which affect redevelopment potential in the area.
2. Conduct a baseline assessment of market potentials for the redevelopment area.
Develop one or more concepts which will consider urban forms and functional patterns
appropriate for the redevelopment area addressing the following: land usCpatterns; urban
design concepts related to town center district; housing, office and retail uses and
character; community facilities and linkages; and circulation issues. These concepts will
be presented at a workshop for the purpose of defining a preferred concept.
Prepare a brief written report and graphic illustrative plan document for the proposed
redevelopment.
Schedule of Deliverables
The Department shall pay $40,000.00 to the Recipient following the Department's receipt,
review and acceptance of evidence of completion of the items outlined in the Scope of Work no
later than November 1, 2000.
Aqenda Item 7B
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA RECREATION AND CULTURAL ARTS
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, by Ordinance No. 96-23, the City Commission of the City of
Aventura provided for the creation of the Recreation and Cultural Arts Advisory Board;
and
WHEREAS, the term of office for current Board members expires on April 6,
2000;and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Commission wishes to provide for approval of members
to the Recreation and Cultural Arts Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to the Recreation and Cultural Arts Advisory Board:
Barbara Brighton
Patricia Crook
Don Gustin
Irving Kanowitz
Janet Laine
Randi Rapp
Lenore Toby Simmons
Resolution No. 2000-~
Page 2
Section2, 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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4tt~ day of April, 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
TO:
FROM:
DATE:
SUBJECT:
City Commission it .~a a~
Eric M. Soroka, C
March 28, 2000
Resolution Supporting Aventura Hospital and Medical Center's
(CON) Application for Open Heart Surgery Services
April 4, 2000 City Commission Meeting Agenda Item ~
As requested at the Mamh Workshop Meeting, please find the above referenced
Resolution for your consideration.
EMS/aca
Attachment
CC0859-00
RESOLUTION NO. 2000-19
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, SUPPORTING THE
AVENTURA HOSPITAL AND MEDICAL CENTER'S
CERTIFICATE OF NEED APPLICATION AND
IMPLEMENTATION OF AN OPEN HEART SURGERY
SERVICES PROGRAM; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Aventura Hospital and Medical Center, located in the City of
Aventura, has for many years continually provided high quality health services to the
residents of our city and neighboring communities; and
WHEREAS, the City's year-round population of approximately 23,000 residents
increases to over 30,000 people seasonally during each year and the Hospital's total
service area population of over 500,000 is projected to increase by more than 3 percent
annually through the year 2003; and
WHEREAS, the Hospital, with 407 acute care beds, provides community
residents with a broad range of high quality medical services through approximately
800 medical staff physicians, 1,200 employees and 200 volunteers, which array of
inpatient and outpatient services include emergency services, ambulatory and inpatient
general and specialty surgery services, intensive care, diagnostic testing, laboratory
services, obstetrics, pediatric services, oncology, psychiatric services, home health
care services, and many others; and
WHEREAS, the City has a large elderly population to which the Hospital has
demonstrated its commitment through its sophisticated cardiology services, including
prevention programs, cardioputmonary services, cardiac catheterization laboratory,
coronary care unit, and cardiac rehabilitation programs; and
Resolution No. 2000-19
Page 2
WHEREAS, the Hospital facilitated approximately 275 patient transfers during
1999 to hospitals with open head surgery programs, and the nearest providers of open
head surgery services within Health Planning District 11 are fifteen to twenty miles
away; and
WHEREAS, the transfer of open head surgery patients away from our
community hospital often creates travel barriers to family visitation, increases patient
anxiety, and adversely effects continuity of care due to the inability of physicians within
our community to follow their patients; and,
WHEREAS, Aventura Hospital and Medical Center has been the recipient of
numerous awards for outstanding patient care, including being nationally recognized as
one of the nation's "100 Top Hospitals: Benchmarks for Success" for four years and
was the recipient of the 1998 Mercury Award for patient quality outcomes; and,
WHEREAS, our residents are in need of local open head and cardiovascular
surgery services, and Aventura Hospital and Medical Center is seeking certificate of
need approval from the State of Florida Agency For Health Care Administration to
initiate such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. This City Commission strongly supports and advocates approval of
the certificate of need application and implementation of an open
services program at Aventura's sole community hospital, Aventura
Medical Center.
head surgery
Hospital and
Resolution No. 2000-19
Page 3
Section 2. This City Commission urges the State of Florida Agency for Health
Care Administration to approve the certificate of need application filed by the Aventura
Hospital and Medical Center to initiate these services.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Vice Mayor Perlow, and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED this 4th day of April, 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
TO:
FROM:
DATE:
SUBJECT:
City Commission/--\~ ~
March 28, 2000 ~.
Resolution Supporting the Planning Study for the OJUS Area
April 4, 2000 City Commission Meeting Agenda Item ~
As requested at the March Workshop Meeting, please find the above referenced
Resolution for your consideration.
EMS/aca
Attachment
CC0858-00
RESOLUTION NO. 2000-.._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, SUPPORTING THE
NEED FOR A PLANNING STUDY IN THE OJUS AREA;
APPROVING THE APPOINTMENT OF COMMISSIONER
JAY R. BESKIN TO SERVE AS THE CITY'S LIAISON TO
THE OJUS PLANNING STUDY COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission deems it to be in the best interests of both the
City and the Ojus area that a plan be developed to protect, preserve and enhance the
unique characteristics of the Ojus area and address economic redevelopment issues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
Ojus area.
Section 2.
The City Commission supports the need for a planning study in the
The City Commission hereby approves the appointment by the
Mayor of Commissioner Jay R. Beskin as the City's liaison to the Ojus Planning Study
Committee.
Section 3. 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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Resolution No. 2000-__
Page 2
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of April, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA'MSOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City,~ar
March 28, 2000
Firearms Resolution
April 4, 2000 City Commission Meeting Agenda Item
As per the direction of the City Commission, attached is the revised subject Resolution
as discussed at the March Workshop Meeting.
EMS/aca
Attachment
CCO860-00
RESOLUTION NO. 2000-23
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONDEMNING ALL
FORMS OF VIOLENCE RELATED TO FIREARMS;
URGING BUSINESSES TO ESTABLISH "GUN FREE"
ZONES; EXPRESSING THE NEED FOR GUN CONTROL
AND STATE AND FEDERAL LEGISLATION
ADDRESSING PROBLEM OF FIREARM RELATED
VIOLENCE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura finds that violence
related to firearms disturbs the public peace and impairs the safety and security of
citizens, businesses and tourists; and
WHEREAS, Florida law, including Section 790.33, Florida Statutes, presently
preempts the ability of municipalities to develop effective municipal programs for the
mitigation of firearm related violence; and
WHEREAS, accordingly, municipalities must seek assistance from the State and
Federal government to address the problem of violence related to firearms.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above recitals are hereby confirmed
and adopted herein.
Section 2. Le.qislation Policy. The City Commission of the City of Aventura
condemns all forms of violence, in particular those utilizing firearms and supports all
forms of gun control that would address this growing epidemic in our society and the
unnecessary ownership of guns.
Resolution No. 2000-23
Page 2
Section 3. "(2un Free Zones". The City Commission urges all businesses to
voluntarily establish "Gun Free Zones" that would preclude the entry of persons
possessing firearms upon private property.
Section 4. Le.qislation 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
Further, the City requests that the United States Congress adopt
related to firearms.
legislation to:
a)
b)
c)
d)
provide enhanced funding and additional programs to combat the
occurrence of violence associated with firearms;
restrict sales and distribution of firearms;
prohibit an individual over the age of 18, but below the age of 21, from
purchasing or possessing an assault rifle or a handgun, including
without limitation an assault pistol;
require that all purchasers of firearms in private sales at organized "gun
shows" be subject to the same background investigation to which
individuals who purchase firearms from federal firearms licensees are
subject;
Resolution No. 2000-23
Page 3
e) vest authority in the appropriate federal agency to regulate and
otherwise oversee the design, safety, and responsible marketing of
firearms;
f) allow states and local governments to adopt stricter standards and
rules regarding purchase and possession of firearms;
g) in a manner consistent with the Constitution, assure the Internet-
facilitated firearms commerce is subject to the same regulation and
oversight as all other commerce and firearms;
h) require all manufacturers to include a trigger lock with each firearm
produced; and
i) ban all large (more than 10 rounds) capacity ammunition clips.
Section 5- Distribution. The City Clerk is hereby directed to send a copy of this
Resolution to the National League of Cities, Florida League of Cities, Dade County
League of Cities and all Florida State and Federal legislative representatives.
Section $. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved
its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
yes
yes
yes
3
Resolution No. 2000-23
Page 4
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
PASSED AND ADOPTED this 4th day of April, 2000.
A'I-I'EST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY A'I-rORNEY
4
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
Robert M. Sherman, Di~
March 30, 2000
,f Community Service~
Bid No. 00-3-14-2 Electrical Maintenance Services
April 4, 2000 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 00-3-14-2, Electrical Maintenance Services to the lowest responsible and
responsive bidder, Florida Electric Service Co., Inc. for the prices contained herein.
Back.qround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on March 14, 2000. The Finance Support Services Director,
Electrical Engineering Consultant and City Attorney reviewed all contract specifications
prior to advertising for bids.
The City received qualified bids for this project from the following vendors:
1. Florida Electric Service
2. Prime Electric Service
3. Tirone Electric
Florida Electric Service provided the lowest hourly rates for personnel and equipment,
and will provide emergency electrical services to the City within two hours after
receiving notification. This Agreement also calls for the immediate services in the
event of a natural disaster. The contract is for one year with extensions for two
City Commission
March 30, 2000
Page Two
additional one-year periods at the City's sole discretion. Should the City opt to extend
the contract, they have agreed to hold their bid prices firm for any extension periods.
The bid pricing from all firms is as follows:
=lorida Electric Regular Hours Overtime Hours
.abor Rates M-F 8:30 AM-5 PM All other ames
Supervisor $38.50 $56.00
~laster Electrician $38.50 $56.00
Iourneyman: $38.50 $56.00
,,lectdcian's Helper $38.50 $56.00
Equipment Rates:
3ucket Truck: $35.00 $35.00
.~rane: $40.00 $40.00
=rime Electric Regular Hours Overtime Hours
.abor Rates M-F 8:30 AM-5 PM All other times
~upervtsor $46.88 $70.50
Vlaster Electrician $46.88 $70.50
loumeyman: $38.88 $57.00
--lectdcian's Helper $32.88 $56.00
,,quipment Rates:
3ucket Track: $58.88 $68.00
.~rane: $58.88 $68.00
rirone Electric Regular Hours Overtime Hours
.abor Rates M-F 8:30 AM-5 PM All other times
.~upervisor $56.00 $84.00
Vlaster Electrician $36.00 $84.00
Journeyman: $52.00 $78.00
--lectdcian's Helper $30.00 $45.00
,,quipment Rates:
~ucket Truck: $75.00 $112.50
;rane: $80.00 $120.00
Sundays/Holidays $150.00
Tirone Electric equipment rates are w/operators)
Florida Electric Service Co. currently provides similar services to many municipal and
county governments in the Miami-Dade, Broward and Palm Beach area. They have
City Commission
March 30, 2000
Page Three
been in business for 20 years, and currently have contracts with Broward County and
Coral Springs for the same services. The Agreement requires Florida Electric to
maintain an inventory of streetlights, poles and other fixtures without storage charges to
the City. All services will be utilized on an "as needed" basis with no guarantee for
minimum payments throughout the life of the agreement.
If you desire any additional information, please feel free to contact me.
RMS/gf
Attachments
RMS00016
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 00-03-14-2, ELECTRICAL MAINTENANCE SERVICES TO
FLORIDA ELECTRIC SERVICE CO. INC. AT THE BID PRICES AS
CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 00-03-14-2, ELECTRICAL
MAINTENANCE SERVICES; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Florida Electric Service Co. Inc., has
submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract
for BID NO.00-03-14-2, ELECRICAL
MAINTENANCE SERVICES, is hereby awarded to Florida Electric Service Co. Inc., in
Resolution No. 2000-__
Page 2
the amounts contained in Exhibit "A".
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 001-5001-539-4620.
.Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner
Commissioner
was as follows:
, who moved its adoption. The motion was seconded by
and upon being put to a vote, the vote
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Resolution No. 2000-__
Page 3
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of April, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
BID NO. 00-3-14-2
ELECTRICAL MAINTENANCE SERVICES
EXHIBIT "A"
Labor Rates: Regular Houm OVertime Hour~
M-F 8:30 AM-5 PM All other times
Supervisor $38.50 $56.00
Master Electrician $38.50 $56.00
Journeyman: $38.50 $56.00
Electrician's Helper $38.50, $56.00
Equipment Rates:
Bucket Truck: $35.00 $35.00
Crone: $40.00 $40.00
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric~
Harry rvlT'K-i~dre, Finance-,$~
?port Services Director
March 30, 2000
Comprehensive Annual Financial Report - FY 1998199
April 4, 2000 City Commission Meeting Agenda Item:
Recommendation
It is recommended that the City Commission approve the following motion:
"Motion to accept for filing the Comprehensive Annual Financial
Report for the fiscal year ended September 30, 1999."
Background
The Comprehensive Annual Financial Report (CAFR) will be distributed to the Mayor
and Commissioners on March 31, 2000. Two memorandums will be distributed along
with the CAFR. The second of these memorandums is Management's Response to
Schedule of Findings.
The Rules of the Auditor General, Chapter 10550, require that the CAFR and the
Management Response to Schedule of Findings be filed as an official record at a public
meeting. This motion satisfies said requirement.
A representative of Rachlin Cohen & Holtz, the audit firm, will be present at the meeting.
However, since the CAFR is the responsibility of the City, I respectfully request that any
questions be discussed with me prior to the meeting.
HMK/mn
FSS524-00
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Har~. Kilgore, Finance Support Services Director
March 30, 2000
Comprehensive Annual Financial Report
Attached are a total of eight (8) copies of the Comprehensive Annual Financial Report
th
(CAFR) for the fiscal year ended September 30 , 1999. Please keep one for your records
and distribute the remaining seven to the Mayor and Commissioners along with a copy of
this memorandum.
The CAFR was a combined effort of the City's independent auditors, (Rachlin Cohen &
Holtz) and the Finance Support Services staff. Responsibility for the financial reports rests
with the City, specifically the staff of the Finance Support Services Department. The
auditor's responsibility is to perform sufficient audit work to express an opinion on the
financial statements.
Compared to older, more established cities, our CAFR is very simple and straightforward
to those individuals who are familiar with financial reporting by local governments.
However, it still is significantly different from financial reports for private industry. Since
some elected officials are not overly familiar with financial reports of government entities, I
will attempt to present an overview of the various sections and key information in the
report.
OVERALL PERSPECTIVE
The City's Comprehensive Annual Financial Report is prepared in accordance with
generally accepted accounting principles (GAAP), specifically as those principles apply to
governmental entities. In addition, the report includes some information which, while not
required by GAAP, is viewed as necessary to meet the needs of users of government
financial statements. These users include bond buyers, investment firms and others who
review financial statements of numerous governmental units. Further, the report is aimed
at meeting the requirements of the Government Finance Officers Association (GFOA) for
receiving a Certificate of Achievement for Excellence in Financial Reporting.
Page (2)
INTRODUCTORY SECTION (pages I/Xlll)
The Introductory section is one of those sections which is not required by generally
accepted accounting principles but which provides information to outside users and is
required in order to meet Certificate of Achievement requirements. This section includes
the transmittal letter, an overall view of the City's organizational structure and principal
officials, and the Certificate of Achievement award for the prior year's CAFR. The
transmittal letter contains some general discussion of the City's financial condition and
results of operations. Although the transmittal letter is aimed primarily at outside users of
the report (i.e. bond buyers, investment firms, GFOA, etc.), I believe that it contains a good
overview of operations and accomplishments as well as providing a perspective of future
years. I, therefore, hope that Commissioners will take the time to read this part of the
report prior to reviewing the detailed financial data contained in the financial statements.
FINANCIAL SECTION (pages 1/27)
This section includes the independent auditor's opinion letter on the financial statements,
the general purpose financial statements and the combining and individual fund
statements and schedules. The opinion letter (located behind the financial Section Tab)
contains an unqualified (clean) opinion.
GENERAL PURPOSE FINANCIAL STATEMENTS (pages 2/18)
These statements and notes thereto are aimed at providing an overview of the City's
financial position and results of operations. The balance sheet (page 2) shows that the
total Fund Balance for the General Fund is $6,943,937. Of this total, the 1999/00 budget
includes $5,899,507 as the estimated balance at 9/30~99. Please note that for financial
reporting, the Police Off-Duty Services Fund is included as part of the General Fund.
The total fund balances of all budgeted special revenue funds (excluding the Law
Enforcement Trust Funds) was $543,915. This compares to a total budget amount of
$168,070. The actual fund balance exceeded the amount included in the budget for each
fund.
The actual fund balance for the debt service fund was $350,586 compared to a budget of
For the Capital Projects Fund, the actual fund balance was $11,916,721 compared to an
$18,362,376 currently reflected in the budget. However, the $11,916,721 actual fund
balance plus interest earnings on the project fund will pay for all remaining costs of the
Government Center Complex which are to be charged to this fund. Therefore, we will
need to include this fund in a budget amendment sometime before the end of the fiscal
year but this will have no negative impact on the completion of the complex within the total
budget amounts which have been discussed in the past.
The amounts shown under the caption "Proprietary Fund Type, Enterprise" are for the
Stormwater Utility Fund. By definition, this fund is similar to private business where the
intent of the City is to cover all costs with user charges. The fund was established in the
1997/98 fiscal year. Because the fund is accounted for as an enterprise fund, the
Page (3)
disbursements for Capital Outlay are reclassified to asset acquisitions. Therefore, the
retained earnings amount of $2,531,986 is not meaningfully compared to the budgeted
carryover. The most meaningful comparison is to net the retained earnings against the
capital improvements. This yields a balance of $398,629 compared to a budgeted balance
of $167,703.
The Combined Statement of Revenue, Expenditures and Changes in Fund Balances - All
Governmental Funds (page 3) reflects the City's revenues and expenditures for the year in
summary form. This statement reflects that total General Fund revenues were
$18,069,081, expenditures were $16,972,258, inter-fund transfers in were $538,920 and
operating transfers out were $633,595. The net effect of these transactions was an
increase in fund balance of $1,002,148 in the 1998/99 fiscal year.
The General Fixed Assets represents the cost of capital assets owned by the City. This
includes furniture, computer equipment, vehicles and land.
General Long Term Debt is the value of vacation and sick leave balances of all City
employees as of 9/30/99 plus the $21.0 million owed on the Florida Municipal Loan
Council borrowing.
All of the above funds and account groups are required to be recorded and reflected in the
City's financial reports pursuant to Generally Accepted Accounting Principles (GAAP) for
governmental units.
The Notes to the General Purpose Financial Statements are aimed at meeting reporting
requirements of GAAP and providing detailed explanation of key points in the financial
statements. Like last year's, they make good bedtime reading on a sleepless night.
COMBINING AND INDIVIDUAL FUND STATEMENTS (pages 19/27)
These statements and schedules are supplementary to the General Purpose Financial
Statements and are used to display additional details. Pages 19/20 presents a more
detailed statement of revenues and expenditures for the General Fund. Combining
statements for the Special Revenue Funds are shown on pages 21/24.
Please note that the Law Enforcement (Forfeiture) Trust Funds are included as Special
Revenue Funds for financial reporting purposes. The total revenues and expenditures on
these statements are the same as on pages 3 and 4 of the General Purpose Financial
Statements.
The Schedules for General Fixed Assets which are included on pages 25/27 are more
detailed statements that support the fixed asset amount included on page 2 of the General
Purpose Financial Statements.
STATISTICAL SECTION (pages 28~34)
This is another section of the CAFR which is not required by General Accepted Accounting
Principles but which is required by GFOA and is useful to analysts and others in comparing
Page (4)
one governmental unit to another. This section includes information on taxable value, tax
rates of the City and others who levy taxes within the corporate limits, debt outstanding
and other information which is meaningful to outside users of the City's CAFR.
The Tables in this section normally contain up to a ten-year history of City revenues,
expenditures, taxable values, tax rates, etc to give a snapshot view of the City's history.
As more years are added in the future, this section will become more meaningful.
COMPLIANCE SECTION (pages 35/40)
This section includes two reports which are required by General Accepted Auditing
Standards and the Rules of the Auditor General of the State of Florida. The key phases of
the first report are "We noted no matters involving the internal control over financial
reporting and its operations that we consider to be material weaknesses..."(page 35, last
line) and "The results of our tests disclosed no instances of noncompliance..." (Page 35,
second to last paragraph). The Management Letter on page 37/40 is required by the
Rules of the Auditor General of the State of Florida and includes specific assurances and
recommendations. The "Comments and Recommendations" contains two "findings" and
will be discussed in a separate memorandum titled "Management Response to Schedule
of Findings". This written explanation is required to be distributed to the City Commission
along with the CAFR.
COMMISSION ACTION ON COMPREHENSIVE ANNUAL FINANCIAL REPORT
In order to comply with the Rules of the Auditor General, the CAFR, including the
Compliance Reports and Management Response, must be distributed to the City
Commission and made a part of the City's official records. Therefore, we will immediately
provide a copy of the CAFR to the Mayor and each Commissioner along with a copy of this
memorandum. In order to officially file the document as a City record, we have placed an
item on the April 4th agenda "accepting for filing the Comprehensive Annual Financial
Report for the fiscal year ended September 30, 1999".
I will arrange for a representative of the audit firm to be present at the Commission
meeting. However, the CAFR is the responsibility of the City and I, therefore, respectfully
request that any questions on the document be discussed with me prior to the meeting.
If there are any questions, please feel free to contact me.
HMK/mn
FSS525-00
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
CityCommission ,~ /
Eric M. Soroka, C[,~M~'r/
/
Harry M.'~Kilgore, Finanoe~port Services Director
March 31, 2000
Administration Response to "CURRENT YEAR COMMENTS AND
RECOMMENDATIONS"
The administrative staff has reviewed the Current Year Comments and
Recommendations included in the Schedule of Findings contained on pages 39 and 40
of the Comprehensive Annual Financial Report for the City for the fiscal year ended
September 30, 1999.
A summary response to each finding is included in the Schedule of Findings. The
purpose of this memorandum is to expand on the response included in that document.
NEW PRONOUNCEMENT
The auditors' recommendation is certainly justified by the magnitude of changes which
must occur when and if Government Accounting Standards Board Statement No. 34
(GASB 34) is fully implemented. As stated by the auditors, the City's staff will begin the
process of assembling the information which will be required to produce financial
statements complying with GASB 34 prior to the completion of the 1999/2000 fiscal
year.
COMPENSATED ABSENCES
The auditors are correct in stating that GASB 16 requires that a portion of the total
liability for compensated absences should be reported as current liabilities of the
General Fund. Compensated absences represent the computed value of vacation, sick
leave, compensatory time and personal leave which is accrued for all City employees at
September 30 of each year. In order to record this amount, we will be required to
charge amounts to each department's salary account. We will make this accrual at the
end of the 1999/2000 fiscal year. However, for the smaller departments, this may
require a budget amendment to add these funds to each department's budget for the
1999/2000 fiscal year. Future year's budgets will include an estimated value for this
accrual.
CITY OF AVENTURA, FLORIDA
Comprehensive Annual Financial Report
FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 1999
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Prepared by:
FINANCE SUPPORT SERVICES
CITY OF AVENTURA, FLORIDA
TABLE OF CONTENTS
INTRODUCTORY SECTION
Letter of Transmittal
City Officials
Organization Chart
Certificate of Achievement of Excellence in Financial Reporting
PAGE
i
xi
xii
xiii
FINANCIAL SECTION
Report of Independent Certified Public Accountants
General Purpose Financial Statements (Combined Statements - Overview)
Combined Balance Sheet - All Fund Types and Account Groups
Combined Statement of Revenues, Expenditures and Changes in Fund Balances -
All Governmental Fund Types
Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual -
All Budgeted Governmental Fund Types
Statement of Revenues, Expenses and Changes in Retained Earnings - Proprietary Fund Type
Statement of Cash Flows - Proprietary Fund Type
Notes to General Purpose Financial Statements
Combining, Individual Fund and Account Group Statements and Schedules
General Fund:
Schedule of Revenues and Expenditures - Budget and Actual
Special Revenue Funds: Combining Balance Sheet
Combining Statement of Revenues, Expenditures and Changes in Fund Balance
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
General Fixed Assets Account Group: Schedule of General Fixed Assets - By Source
Schedule of General Fixed Assets - By Function and Activity
Schedule of Changes in General Fixed Assets - By Function and Activity
2
3
4
5
6
7-18
19-20
21
22
23-24
25
26
27
CITY OF AVENTURA, FLORIDA
TABLE OF CONTENTS
(Continued)
STATISTICAL SECTION
General Governmental Expenditures by Function (Table 1) and; General Governmental
Revenues by Source (Table 2)
Property Tax Levies and Collections (Table 3) and; Assessed Value of Taxable Property (Table 4)
Property Tax Rates - Direct and Overlapping Governments (Table 5) and; Ratio of Net General
Bonded Debt to Assessed Value and Net Bonded Debt Per Capita (Table 6)
Computation of Legal Debt Margin (Table 7) and; Computation of Direct and Overlapping
Debt (Table 8)
Ratio of Annual Debt Service Expenditures for General Bonded Debt to Total General
Governmental Expenditures (Table 9) and; Estimated Value of Construction (Table 10)
Principal Taxpayers (Table 11)
Demographic and Miscellaneous Statistics (Table 12)
SUPPLEMENTARY AUDITOR'S REPORTS SECTION
Report of Independent Certified Public Accountants on Compliance and on Internal
Control over Financial Reporting Based on an Audit of General Purpose Financial Statements
Performed in Accordance with Government Auditing Standards
Management Letter in Accordance with the Rules of the Auditor General of the State of Florida
Schedule of Findings
PAGE
28
29
30
31
32
33
34
35-36
37-38
39-40
INTRODUCTORY SECTION
CITY OF AVENTURA
(~OVERNMENT CENTER
2999 N.E. ! 91 ST STREET
SUITE SOO
AVENTURA~ FLORIDA 33180
March 21,2000
ARTHUR I* SNYDER
MAYOR
Honorable Mayor and
Members of the City Commission
City of Aventura
Aventura, Florida
In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter,
submitted herewith is the Comprehensive Annual Financial Report for the fiscal year ended
September 30th, 1999. Responsibility for both the accuracy of the data and completeness
and fairness of its presentation, including all disclosures, rests with the City. Management
believes that the data presented is accurate in all material aspects; that it is presented in a
manner designed to present fairly the financial position and results of operations of the City
as measured by the financial activity of its various funds and account groups and that all
disclosures necessary to enable the reader to gain the maximum understanding of the City's
financial affairs have been included.
The Comprehensive Annual Financial Report consists of four parts as follows:
Introductory Section - This section is designed to introduce the reader to the
report and includes the table of contents, the transmittal letter, the governmental
structure, a list of principal officials and the Certificate of Achievement for
Excellence in Financial Reporting.
Financial Section - This section includes the opinion of the independent auditors
followed by the General Purpose Financial Statements (GPFS). The GPFS are
the combined financial statements of the City together with the notes to the
financial statements. These basic combined financial statements and notes are
designed to provide an overview of the City's financial position and results of
operations. The remainder of this section presents the combining, individual
fund and account group statements and schedules.
PHONE: 305-466-8900 ' FAX: 305-466-8939
Statistical Section - This section presents summary financial and demographic
information on the City for the first three years of its operations and information
on overlapping taxing authorities. Each year, an additional year will be added to
allow for a good historical overview of the City.
Compliance Section - This section includes those reports required to comply with
Governmental Accounting Standards and Rules of the Auditor General of the
State of Florida.
THE REPORTING ENTITY AND ITS SERVICES
The City of Aventura was incorporated on November 7th, 1995 and is a political subdivision
of the State of Florida. The City operates under a commission-manager form of government
and provides General Government, Public Safety and Community Services to its residents
and business community. The Mayor and six City Commissioners were elected in March,
1996 and are responsible for establishing policies for City Government. The Mayor and
Commission appoint the City Manager who is the Chief Administrative Officer of the City
and is responsible for implementing policies adopted by the Commission. The City Manager
and first regular employees officially began work on June 3rd 1996 and have worked with the
Mayor and Commission to establish the municipal government structure.
This report includes all of the funds and account groups for which the City of Aventura is
financially accountable. Although the Miami-Dade Board of County Commissioners, Miami-
Dade District School Board, South Florida Water Management District and Florida Inland
Navigation District levy and collect taxes on property located within the corporate limits of
Aventura, financial information on these taxing authorities is not included in this report since
each has a separate elected governing body, are legally separate and are fiscally
independent of the City. Annual financial reports of these units of government are available
upon request from each authority.
ECONOMIC CONDITIONS AND OUTLOOK
The City of Aventura serves an area of approximately 4 square miles with an estimated
population of approximately 24,000 year round residents. The City was incorporated on
November 7th, 1995; prior to incorporation, the City received services from Miami Dade
County as a part of their unincorporated municipal services taxing unit. The City received
no real property, facilities or equipment from Miami-Dade County upon incorporation.
Prior to incorporation, several studies concluded that the Aventura area was a major donor
to Miami-Dade County's unincorporated municipal services taxing unit. Actual operations
since incorporation support the conclusions of those studies, although the studies did
overstate the magnitude of the City's donor status.
The City's combination of upscale residential and commemial developments results in a
taxable value of $3.1 billion within a land area of less than 4 square miles. This makes
Aventura's taxable value per capita of approximately $130,000 among the highest in the
County and State. Although there was a decline in the number of units and dollar value of
construction from prior years, the 1998/99 fiscal year was still an active construction year for
the City. A review of the underlying permits showed that the construction activities
continued to be geared toward upscale residential and commemial activities. An analysis of
projects in the various stages of the planning and development process indicates that the
same type and level of construction activity can be expected over at least the next two to
three years. The City's image as an upscaie community will continue to be enhanced by the
operation of its own municipal services resulting in a continuing emphasis of high quality
development in the City.
MAJOR INITIATIVES
The establishment of a new municipal government structure to meet the needs of an
existing City resident and business base has required the dedication of elected officials, the
City Manager and all employees. The foundation on which to build the government
structure has emphasized customer service, one-stop shopping and privatization where
appropriate. We will attempt to highlight the primary matters which were accomplished
during the 1998/99 fiscal year.
Community Policing Activities
In the 1997/98 fiscal year, the City began to implement community oriented policing
activities. In the 1998/99 fiscal year, the six additional officers and two police service aides
were added to the department primarily to carry on community outreach programs.
Police Department Accreditation
The 1998/99 budget also provided funding to begin the process of having the Department
receive national accreditation from the Commission on Accreditation of Law Enfomement
Agencies (CALEA). The process was more than 80% complete by September 30, 1999.
The accreditation team visited the Department in January 2000 and has recommended
accreditation at the Mamh 2000 accreditation ceremonies.
Currently, there are less than five hundred agencies nationally which have received
accreditation. The attainment of this recognition for a department with less than three years
of operations is particularly impressive and reflects favorably on the Department and City.
Increased Public Awareness of City Programs, Facilities and Services
In addition to the Police Department's Community Oriented Policing programs, the City staff
and elected officials recognized the need to increase the public's awareness of the City's
programs, facilities and services. Major accomplishments toward this goal were publishing
four issues of an improved newsletter and an annual report detailing the City's programs
and accomplishments. In addition, the City web page was significantly revised to provide for
greater accessibility and interaction with the public. Both the newsletter and web site have
received national recognition.
iii
Capital Improvement Program
The City's elected officials and professional staff recognized the need for long range
planning in addressing the City's infrastructure needs. The development of such a long
range planning document was especially critical to the City because many needed
improvements had been neglected by the County prior to the City's incorporation.
Therefore, the City Manager and City Commission made the development and updating of
the city's first five-year Capital Improvemenl Program (ClP) a priority early in the City's
existence and was adopted in the 1996/97 fiscal year. Each year the City reexamines its
needs and develops a plan for future action in order to provide the necessary components
for the achievement and maintenance of a desirable, high quality of life in Aventura.
The 1998/99 to 2002/03 CIP identified and prioritized projects with a total cost of over $30
million over the five-year period between October 1, 1998 and September 30, 2003. Unlike
some Capital Improvement Programs which are only wish lists of what is desired with no
real strategy to fund the costs identified, Aventura's is a true financial plan. The CIP
includes a review of operating expenses and revenue projections over the five-year period
in order to determine the availability of funding and the necessity for debt financing.
The 1998/2003 CIP was adopted by the City Commission in July 1998 and included $4.875
million for Stormwater drainage improvements, $10.5 million for construction of the
Government Center/Police Station/Commission Chambers, $7.424 million for Beautification
Improvements, $2.9 million for roadway and safety improvements and $2.7 million for
Park/Open Space purchase.
During the 1998/99 fiscal year actual expenditures for Capital Outlay items totaled nearly
$11million in the General, Special Revenue and Capital Project Funds. An additional $1.1
million was spent on Capital Improvements in the enterprise fund which accounts for
stormwater drainage utility activities. In the governmental fund types major programs were
the Government Center and various Beautification and Safety programs.
Shuttle Bus Program
In order to lessen vehicle congestion the City implemented a shuttle bus program during the
year. The system is aimed at providing an economical and timely method for residents and
visitors to travel from residential to shopping and office buildings throughout the City. The
system also provides a method to reach Miami Dade Transit Authority bus lines for travel
outside the City.
This free, resident friendly transit service was ~mplemented in January 1999 and provided
air-conditioned comfort to over 42,000 passengers during the period from January to
September 1999.
Comprehensive Plan and Land Development Regulations
During the year, the City submitted its Comprehensive Plan pursuant to the Local
Government Comprehensive Planning and Land Development Regulations Act (Section
163.3161, Florida Statutes). The plan was determined to be in compliance by the State
Department of Community Affairs in February 1999.
iv
The Comprehensive Plan, along with the Land Development Regulations which were
enacted in July 1999 will regulate the quality of new development, landscaping and material
improvements throughout the City.
FINANCIAL INFORMATION
Internal Accounting Control
Management of the City is responsible for establishing and maintaining an internal control
structure designed to ensure that adequate accounting data are compiled to allow for the
preparation of financial statements in conformity with generally accepted accounting
principles. The internal control structure is designed to provide reasonable, but not
absolute, assurance that these objectives are met. The concept of reasonable assurance
recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived;
and (2) the valuation of costs and benefits requires estimates and judgments by
management.
All internal control evaluations occur within the above framework. We believe that the City's
internal accounting controls adequately safeguard assets and provide reasonable
assurance of proper recording of financial transactions.
Budgetary Control
In accordance with City Ordinance, appropriations are legally controlled at the Department
level. Encumbrance accounting, under which purchase orders and other commitments for
the expenditure of monies are recorded in the accounting records is utilized throughout the
fiscal year.
Overview of Financial Activity
The accompanying financial statements reflect that the City has continued to expand its
services to meet the demands of its residential and business communities.
General Governmental Functions
For the purpose of this section, general governmental functions are defined to include the
General, Special Revenue, Capital Projects and Debt Service Funds. The amount of
revenue by sources are summarized below:
V
Revenue Sources
Locally Levied Taxes
Ad Valorem
Utility Taxes
Franchise Fees
Increase or (Decrease)
From 1997/98
1998/99 Percentage of
Amount Total Amount Percentage
$6,595,296 31.52% $753,627 12.90%
4,289,140 20.50% 653,931 17.99%
2,106,191 10.07% 911,672 76.32%
Subtotal-Taxes
12,990,627 62.09% 2,319,230 21.73%
Licenses & Permits 1,781,863
Intergovernmental Revenues 3,100,321
Charges For Services 918,108
Fines & Forfeitures 531,499
Impact Fees From Developers 324,383
Interest Earnings 586,067
Other 688,718
8.52% (591,894) (24.93%)
14.82% 1,327,050 74.84%
4.39% 405,967 79.27%
2.54% (136,325) (20.41%)
1.55% (449,461) (58.08%)
2.80% 70,308 13.63%
3.29% 593,323 621.96%
Total $20,92 !, 586 100.00% $~3,538,1 ~8_ 20.35%
The increase in ad valorem taxes was the result of increases
to new additions to the roll. The tax rate was maintained at
place since the City's inception.
in taxable value, primarily due
the same rate as has been in
The increase in franchise fees was due to the receipt of franchise fees on electric, which
were received for the first time in September 1998. Receipt of these funds was the result of
negotiations with Miami-Dade County. The amount received for 1997198 was fifty percent of
fees collected within the City's corporate limits. For 1998/99, the City received 100% of the
total. This accounted for an increase of over $800,000 compared to the previous year.
License and permit revenue decreased primarily due to decreased building permit revenue
from the previous year. The revenue from building permit revenue was abnormally high in
1997/98. The results for 1998/99 are estimated to be more indicative of future years'
revenues. Charges for services increased primarily as a result of providing more hours of
police extra detail services than the previous years.
The increase in Intergovernmental revenues was primarily the result of a grant for
$1,027,000 in 1998/99 compared to only $120,000 the prior year.
Fines and forfeitures decreased primarily because the 1997/98 fiscal year forfeitures
deposited to the State and Federal Forfeiture Fund and Law Enforcement Trust Fund were
greater than 1998/99.
Impact fees decreased because of the decrease in building permit activity from the
abnormally high levels experienced in the 1997/98 fiscal year.
Interest earnings increased because the proceeds from the Florida Municipal Loan Council
borrowing was received in April 1999.
vi
The Other Revenue category includes contributions from developers toward the cost of
improvements to specific roadways and other projects. Revenues from this source are not
anticipated to reach this same level in future years.
The amount of operating and capital expenditures by function are as follows:
Functions 1998/99 Percentage
Amount of Total
Operating Expenditures:
General Government
City Commission
City Manager
Finance Support Services
Legal
City Clerk
Total General Government
Public Safety
Police
Community Development
Total Public Safety
Community Services
Non Departmental
Total Operating Expenditures
Capital Outlay
Debt Service
Total Operating & Capital Expenditures
Increase or (Decrease)
From 1997/98
Amount Percentage
74,620 0.25% $ (854) (1.13%)
472,405 1.58% 51,996 12.37%
597,534 2.00% 39,093 7.00%
238,028 0.80% 42,758 21.90%
178,696 0.60% (21,118) (10.57%)
1,561,283 5.23% 111,875 7.72%
5,352,314 17.92% 631,609 13.38%
1,479,132 4.95% (537,037) (26.64%)
6,831,446 22.87% 94,572 1.40%
2,419,162 8.10% 950,356 64.70%
543,665 1.82% 56,936 11.70%
11,355,556 38.02% 1,213,739 11.97%
10,919,960 36.56% 2,842,758 35.19%
7,591,607 25.42% 7,354,058 3095.81%
$29,867,123 100.00% $11.410.555 61.82%
Police Department expenditures increased by approximately $630,000 from the prior year.
This was the result of additional positions being authorized to further improve community
oriented policing programs.
For the Community Development Department, the decrease in expenditures was due to a
reduction in building permit revenue as discussed in other sections of this letter. Since the
City has privatized the building inspection program by sharing of revenues with an outside
firm, the reduction in revenues automatically resulted in an offsetting reduction in
expenditures.
Community Services expenditures increased by approximately $950,000 from the prior year.
The majority of the increase was in contractual service payments for an increasing volume
of areas being maintained by the City. This includes Aventura Founders Park and
numerous medians and swales which had been maintained by various condominium
associations in prior years. In addition, the City implemented the shuttle bus service during
the year as is also discussed under "Major Initiatives". The cost of this service for a partial
year was approximately $170,000.
vii
Capital Outlay expenditures totaled nearly $11 million, an increase of $2.8 million from the
prior year. The major items comprising this amount are discussed under the "Major
Initiatives" section of this letter.
Debt Service expenditures increased by more than $7 million from the prior year. This was
primarily the result of paying $6,900,000 to pay off the 1996 line of credit as is discussed
under the "Financing Programs and Debt Administration" section of this letter.
Fund Balances
Fund balance represents the accumulation of resources from prior years to fund future
years' budgets and for use as a reserve for unexpected events in the future. The fund
balance at September 30, 1999 for the General Fund is $6,943,937, representing
approximately 32% of the 1999/2000 budget. A major portion of this amount ($4.6 million)
is used to fund a capital reserve account in the 1998/99 budget. The capital reserve
account may be allocated by the City Commission to fund budget needs in the 1999/2000 or
later fiscal years.
The fund balances in each special revenue, debt service and capital projects fund are
designated for use for the specific legal purposes of each fund.
Retirement Proqrams
The City contributes to three defined contribution pension plans based on employee
classification created in accordance with Internal Revenue Code Section 401 (a). The plans
currently cover all full-time employees of the City. Under these plans, the City contributes
between 12 and 18% of each employee's salary, depending on the employee classification.
There are no employee contributions. Employer contributions, excluding rollovers, for the
th
fiscal year ended September 30 , 1999 were approximately $668,000.
A defined contribution pension plan provides pension benefits in return for services
rendered, provides an individual account for each participant and specifies how
contributions to the individual's account are to be determined instead of specifying the
amount of benefits the individual is to receive. Under a defined contribution pension plan,
the benefits a participant will receive depends solely on the amount contributed to the
participant's account, the returns earned on investments on those contributions, and
forfeitures of other participant's benefits that may be allocated to such participant's account.
In order to encourage employees to supplement the defined contribution plan, a deferred
compensation program is also available to all full-time employees. Under this program,
employees may voluntarily elect to defer a portion of their salary to future years. Both
programs are administered by the ICMA Retirement Corporation under trust agreement.
The plan assets are separate and the City does not exercise control over the assets.
Therefore, the assets, liabilities and transactions are not included in the financial
statements.
Financing Programs and Debt Administration
The City's only outstanding debt at September 30, 1999 was a loan from the Florida
Municipal Loan Council with a principal balance of $21 million.
viii
During the year, the City drew an additional $900,000 on the line of credit (LOC), which was
established in 1996. This brought the principal balance on the LOC to $6.9 million. This
line of credit required that it be repaid in full not later than December 31, 1999.
Based on favorable market conditions and the need to obtain the remaining funds to
complete the Government Center (discussed under Major Initiatives), the City elected to
borrow a total of $21 million through the use of a pooled bond program administered by the
Florida League of Cities. The $21 million loan from the Florida Municipal Loan Council was
used to repay the LOC balance of $6.9 million and the remaining $13.1 million dollars was
deposited to the Capital Construction Fund to pay the remaining portion of the cost of the
Government Center.
The loan is secured solely by a covenant to budget and appropriate the required debt
service payments each year. The loan is structured the same as a serial bond issue with
principal payments on April 1st and interest payments on April Ist and October Ist of each
year with the final maturity of April 1, 2029. Debt service requirements average
approximately $1.35 million per year over the thirty-year life of the bonds. Interest rates
range from 3.2% to 5.125% depending on maturity date.
General Fixed Assets Account Group
The general fixed assets for the City are those assets used in the performance of general
government functions. In accordance with generally accepted accounting principles for
local governments, the City does not record depreciation on general fixed assets nor does it
record infrastructure assets such as roads, bridges, curbs and gutters, streets and
sidewalks, drainage systems, and similar assets that are immovable and of value only to the
City. Assets are recorded at cost; donations, if any, will be recorded at fair market value at
the date of receipt. As of September 30th, 1999 the cost of general fixed assets totaled
$17,750,559.
Cash Management
All funds, other than restricted cash held by Fiscal Agent resulting from the Florida Municipal
Loan Council transactions, are centrally managed through the use of a pooled cash
account. During the year, all funds were held in an interest bearing checking account
collateralized through the State Treasury Public Depository program or with the Florida
State Board of Administration (SBA) investment pool. Both the checking account and SBA
investment pool are fully insured and immediately available and considered as cash and
cash equivalents.
The total portfolio ranged from $7.1 million to $10.2 million during the year. The portfolio
averaged approximately $9.0 million with interest earnings of approximately $440,000
resulting from an average return of 4.9%
Risk Management
The City is insured with the Florida Municipal Insurance Trust for liability, property and
workers compensation coverage. The liability limit under the policy is $5,000,000.
ix
OTHER INFORMATION
Independent Audit
In accordance with Section 11.45(3)(a)(4), Florida Statutes, and Article I, Section 4.11 of the
City Charter, the City engaged the firm of Rachlin Cohen & Holtz LLP, Certified Public
Accountants, to perform the independent audit of the City's accounts and records. The
independent auditor's reports are included in the Financial and Compliance sections.
Certificate of Achievement
The Government Finance Officers Association of the United States and Canada (GFOA)
awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of
Aventura for its comprehensive annual financial report (CAFR) for the fiscal year ended
September 30th, 1998. The Certificate of Achievement is a prestigious national award
recognizing conformance with the highest standards for preparation of a state and local
government financial reports.
In order to be awarded a Certificate of Achievement, a government unit must publish an
easily readable and efficiently organized comprehensive annual financial report, whose
contents conform to program standards. The CAFR must satisfy both generally accepted
accounting principles and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe our current
report continues to conform to the Certificate of Achievement program requirements, and we
are submitting it to GFOA.
Acknowledgements
The preparation of this report on a timely basis could not have been accomplished without
the efficient and dedicated services of the entire staff of the Finance Support Services
Department. We express our appreciation to all members of the Department who assisted
and contributed to its preparation. We also wish to thank the Mayor and City
Commissioners for their interest and support in planning and conducting the financial
operations of the City in a responsible and progressive manner.
Respectfully Submitted,
HARRY M. KILGORE, C.P.A.
Finance Support Services Director
X
CITY OF AVENTURA, FLORIDA
CITY OFFICIALS
SEPTEMBER 30, 1999
CITY COMMISSION
Arthur I. Snyder - Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Patricia Rogers Libert
Jeffrey M. Perlow
CITY MANAGER
Eric M. Soroka
DEPARTMENT DIRECTORS
Harry M. Kilgore, Finance Support Services
Robert M. Sherman, Community Services
Brenda Kelley, Community Development
Teresa M. Soroka, CMC, City Clerk
Thomas E. Ribel, Police Chief
CITY ATTORNEYS
Weiss Serota Helfman Pastoriza & Guedes, P.A.
CITY AUDITORS
Rachlin Cohen & Holtz LLP
Certified Public Accountants & Consultants
xi
ORGANIZATIONAL CHART
CITY OF AVENTURA
Legal Services
Public Safety
Police
Patrol
Community Relations
Cdminal investigations
Traffic Enforcement
Emergency Preparedness
Administration Minutes
Budget Prffparation Records Retention
Customer Service Clerical Support
Capital projects
I Community ~
Development ~
Planning
Zoning
Building Inspections
Code Enforcement
Economic Development
Occupational Licenses
Finance/Support
Services
Finance/Accounting
Pumhasing
Risk Management
Information Management
Personnel
Community
Services
Department
Community Facilities
Parks/Beautification
ROW/Median Maint.
Public Works
Mass Transit
Special Events
Recreation/Cultural
xii
Certificate of
Achievement
f~nr Excellence
Financial
Reporting
Presented to
City of Aventura,
Florida
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30, 1998
A Certificate of Achievement for Excellence in FinanciaJ
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annuaJ financiaI
reports (CAFRs) achieve the highest
standards in government accounting
and financial reporting,
Executive Director
xiii
THIS PAGE INTENTIONALLY LEFT BLANK
FINANCIAL SECTION
REPORT OF INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS
Rachlin Cohen & Holtz LLP
Certified Public Accountants & Consultants
REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
We have audited the accompanying general purpose financial statements of the City of Aventura, Florida
(the City) as of September 30, 1999 and for the year then ended, as listed in the table of contents. These
general purpose financial statements are the responsibility of the City's management. Our responsibility
is to express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards and the standards
applicable to financial audits contained in Government Auditing Standards issued by the Comptroller
General of the United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles used and significant estimates
made by management, as well as evaluating the overall financial statement presentation. We believe that
our audit provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements referred to above present fairly, in all material
respects, the financial position of the City of Aventura, Florida as of September 30, 1999, and the results
of its operations and its cash flows of its proprietary fund type for the year then ended in conformity with
generally accepted accounting principles.
In accordance with Government Auditing Standards, we have also issued a report dated January 28, 2000
on our consideration of the City's intemal control over financial reporting and our tests of its compliance
with certain provisions of laws, regulations and contracts.
Our audit was conducted for the purpose of forming an opinion on the general purpose financial
statements taken as a whole. The combining, individual fund and account group statements and
schedules as listed in the table of contents are presented for purposes of additional analysis and are not a
required part of the general purpose financial statements of the City. Such information has been
subjected to the auditing procedures applied in the audit of the general purpose financial statements and,
in our opinion, is fairly stated in all material respects in relation to the general purpose financial
statements taken as a whole.
Miami, Florida
January 28, 2000
One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 o Tel 305-377-4228 o Fax 305-377-8331
Offices hr: Miami · Ft. Lauderdale ° Boca Raton o West PalmBeach o Stuart
www.rchcpa.com
GENERAL PURPOSE
FINANCIAL STATEMENTS
GENERAL PURPOSE FINANCIAL STATEMENTS
(Combined Statements - Overview)
CITY oF AVENTURA, FLORmA
COMBINED BALANCE SHEET
$ 7.249,083 $ 1.089.796 $ 350,586 $
450,953
203.712 55.474
10,987
Pro~et~y
12,659,407
129. lll
525,000
87,370
2,133.357
17,750,559
$ - $ 9.135.355
12.659.407
580.064
1.010,163
346,556
10.987
2~133.357
17.750.559
525,0(Y~
350.586 350,586
20,838,593 20,838,593
$ 8,924,898 $ 1,145,270 $ 350,586 $ 13,313,518 $ 2,666,617 $ 17,750~559 $ 2l,I89,179 $ 65,340,627
$ 941,909 $ 21,824 $ - $ 224,695 $ 117.502 $
267,183 85,880 161~939 17,129
327,706
2,494
441,669
1.0t0,163
1,980.961 107,704 1.396,797 134.631
- $
189,179
21,000,000
21.189,179
1.305.930
532.131
327.706
1.010.163
2.494
441.669
189.179
21.000.000
17.750.559 17,750,559
2,531.986 2,531.986
10.987 10.987
350.586 350,586
456,822 11,916,72t 12,373,543
674,335 674,335
133,314 t33,314
229,917 229,917
6.476.128 .... ~- _. 6.476,128
6.943.937 1,037,566 350.586 11.916,72I 2,531,986 17.750.559 40.531.355
$ 8.924,898 $ 1,145,270 $ 350,586 $ t3,313.518 $ 2.666,617 $ 17.750.559 $ 21.189. I79 $ 65t340.627
CITY OF AVENTI/RA, FLORIDA
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CIIANGES IN FUND BALANCES
ALL GOVERNMENTAL FUND TYPES
FISCAL YEAR ENDED SEPTEMBER 30. 1999
Taxes
Intergovernmental
Licenses and permits
Charges for services
Fines and forfeitures
Police impact fees
Recreation impact fees
Grants
Interest
Developer contributions
Miscellaneous
Total revenues
General
Governmental Fund Tvnes
Totals
Special Debt Capital (Memorandum
Revenue Service Projects Onlvl
$ 12,587,627 $ $ 403,000
1,598,980 434,241
1,781,863
918,108
120, I66 411,333
47,639
276,744
1,067,100
373,619 35,194 1,320
611,430
77,288
18,069,08I 2,272,25l 404,320
175,934
$ 12~990,627
2,033,22I
1,781,863
918,108
531,499
47,639
276,744
1,067,100
586,067
611,430
77,288
175,934 20,921,586
Expenditures:
Current:
General government
Public safety
Community services
Non-departmental
Capital outlay
Debt service:
Principal
Interest
Total expenditures
1,561,283 45,682 1,606,965
6,785,764 6,785,764
2,419,162 2,419,162
543,665 543,665
5,662,384 1,934,905 3,322,671 10,919,960
6,900,000 6,900,000
691,607 691,607
16,972,258 1,980,587 7,591,607 3,322,671 29,867,123
1,096,823 291,664 (7,187,287) (3,146,737) (8,945,537)
538,920 430,000 968,920
(633,595) (372,000) (1,005,595)
900,000 900.000
6,900,000 14,100,000 21,000,000
(94,675) (372,000) 7,330,000 15,000~000 21,863,325
[,002,148 (80,336) 142,713 11,853,263 12,917,788
5,941~789 1,117,902 207,873 63.458 7,331~022
$ 6,943,937 $ 1.037,566 $ 350,586 $ 11,916,721 $ 20,248,810
See notes to general purpose financial statements.
Excess (deficiency) of revenues
over expenditures
Other financing sources (uses):
Operating transfers in
Operating transfers out
Proceeds from line of credit
Proceeds from revenue bond
Total other financing
sources (uses)
Excess (deficiency) of revenues
over expenditures and other
financing sources (uses)
Fund balances, beginning
Fund balances, ending
Intergovernmental
Licenses and Pe'rnu~s
Charges for services
Fines and forfmtures
Pohce impact fees
Recreation impact fees
GranB
Interest
Developer contributions
Misce0~meous
Total revenues
Expenditures:
Current:
General government
Pubhc safety
Community semces
Capital outlay
principal
Proceeds from ime of credll
Tom] other f'mancing sources (uses)
CITY oF AVEWn:R& FLORmA
STATEMENT OF REVENUES, EXPENDITUKES AND CHANGES tN ~alJND BALANCES - BUDGET ANT) A£~rUAL -
~LL BUIX~ETED GOVERNMENTAL FUND ~D'PES
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Annua0y B uclgeted
Ct~ger~ll ~ Soecial Revenue Funds
Variance Vammce
Favorable Favomble
_A.~ Cl2nf~vor0ble) _B~ Actual (Unfavorable/
Variance
Favorable
(Unfavorable
tl,761,000 $ 12,587,627 $ 826,627 $- $ - $
1,784,896 1,598,980 (185,916) 348,000 434,241
1,709,000 1,781,863 72,863
937,120 918,108 (19,012)
116,000 120,166 4,166 2,600 5,260
60,000 47,639
50,000 276,744
1,050,000 1,067,100
230,000 373,619 143,619 3,050 17,516
400,000 611,430 211,430
25,000 77,288 52,288
16,963,016 18,069,081 1,106,065 1,513,65~0
Bud8~ Actua~l
- $ 403,000 $ 403,000 $
86,241
20,000 1,320 (18,680)
2,660
(/2,361)
226,744
17,100
14,466
334,850 . 423~000 404,320 __(18~680)
250,000 175,934 (74,06~
63,458 (63~458)
313~458 t75,934 _ (137~524)
1,572,622 1,561,283 11,339
7,064,205 6,785,764 278,441 4,146 4,146
2,493,235 2,4t9,162 74,073
557,582 543,665 13,917
10,404,053 5,662384 4,741,669 1,869,957 1,786,998 82,959
22,091,697 16,972,258 5,119,439 1,874,103 1,786,998 87,105
___~.5A28,681)
1,096,823 _~6~225~,50~4 _~3~.6_9,_{}3) 61,502 421,955
538,920 538,920
(635,000) (633,595) 1,405 (372,000) (372,000)
5,224.761 (5,224,761) 732,453 (732,453)
5,128,681 (94,675) ~35~ 360,453 (372,000) (732,453)
14,788,458 3,322,671 11,465,787
6,900,000 6,900,000
853,000 691,607 161,393 525,000 525~000
7,753,000 7,591,607 __ 161~393 t5,_313~458 3,322~671 11,990,787
(7,330,000) 7(~,187,28~ 142,713 (15,000,000) ___3~46,737) 11,853,263
430,000 430,000
6,900,000 6,900,000
900,000 900,000
14,100,000 14,100,000
7,330~00~ 7~330,000
- __1~000,000 t5~0000=O000
1,002,148 L002,148
5,94t,789 __ 5,~941,789
- $ 6,943,937 $ 6~943,937 $
(310,498) (310,498) 142,713 142,713
854,413 854,413 207,873
- $ 5431915 $ 543,915 $ - $ 350,586 $ 350,586 $
11,853,263 11,853,263
63,458 ...... ~3,~4~
- $ 11,916,72I $ 11~916,721
See notes to general purpose financial statements
CITY OF AVENTURA, FLORIDA
ENTERPRISE I' UND
STATEMENT OF REVENUES. EXPENSES AND CHANGES IN RETAINED EARNINGS
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Operating revenues:
Charges for services
Operating expenses:
Depreciation
Operating income
Non-operating revenues:
Interest income
Income before operating transfers
Transfers from general fund
Net income
Retained earnings, beginning
Retained earnings, ending
$ 930,782
51,945
878,837
14,971
893,808
36,675
93O,483
1,601,503
$ 2,531,986
See notes to general purpose financial statements.
CITY OF AVENTURA, FLORIDA
ENTERPRISE FUND
STATEMENT OF CASH FLOWS
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Cash flows from operating activities:
Operating income
Adjustments to reconcile operating income to
net cash provided by operating activities:
Depreciation
Changes in operating assets and liabilities:
Increase in due from other governments
Increase in accounts payable
Increase in retainage payable
Net cash provided by operating activities
Cash flows from non-capital financing activities:
Transfers from general fund
Cash flows from capital and related financing activities:
Capital improvements
Cash flows from investing activities:
Interest
Net decrease in cash and cash equivalents
Cash and cash equivalents, beginning
Cash and cash equivalents, ending
$ 878,837
51,945
(87,370)
71,439
17,129
931,980
36,675
(I,142,650)
14,97l
(159,024)
604,914
$ 445,890
See notes to general purpose financial statements.
THIS PAGE INTENTIONALLY LEFT BLANK
NOTES TO GENERAL PURPOSE
FINANCIAL STATEMENTS
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
SEPTEMBER 30, 1999
NOTE 1.
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Aventura, Florida (the City) was incorporated on November 7, 1995. The City
operates under a Commission-Manager tom of government and provides the following services
as authorized by its charter: public safety, highways and streets, culture and recreation, public
works and stormwater management. The general purpose financial statements of the City have
been prepared in conformity with generally accepted accounting principles (GAAP) as applied to
governmental units. The Governmental Accounting Standards Board (GASB) is the accepted
standard-setting body for establishing governmental accounting and financial reporting
principles. The more significant of the City's accounting policies are described below.
1. Reporting Entity
The financial statements were prepared in accordance with Statement No. 14, The Financial
Reporting Entity, which establishes standards for defining and reporting on the financial
reporting entity. The definition of the financial reporting entity is based upon the concept that
elected officials are accountable to their constituents for their actions. One of the objectives
of financial reporting is to provide users of financial statements with a basis for assessing the
accountability of the elected officials. The financial reporting entity consists of the City,
organizations for which the City is financially accountable, and other organizations for which
the nature and significance of their relationship with the City are such that exclusion would
cause the reporting entity's financial statements to be misleading or incomplete. The City is
financially accountable for a component unit if it appoints a voting majority of the
organization's governing board and it is able to impose its will on that organization or there is
a potential for the organization to provide specific financial benefits to, or impose specific
financial burdens on the City. Based upon the application of these criteria, there were no
organizations that met the criteria described above.
2. Measurement Focus, Basis of Accounting and Basis of Presentation
The accounts of the City are organized and operated on the basis of funds and account groups.
A fund is an independent fiscal and accounting entity with a self-balancing set of accounts.
Fund accounting segregates funds according to their intended purpose and is used to aid
management in demonstrating compliance with finance-related legal and contractual
provisions. The minimum number of funds is maintained consistent with legal and
managerial requirements. Account groups are a reporting device to account for certain assets
and liabilities of the governmental funds not recorded directly in those funds. The accounting
and financial reporting treatment applied to a fund is determined by its measurement focus.
-7-
CITY OF AVENTI RA, FLORIDA
NOTES TO GENER,\L PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE1.
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
2. Measurement Focus, Basis of Accounting and Basis of Presentation (Continued)
The City has the following fund types and account groups:
GOVERNMENTAL FUND TYPES
Governmental fund types are used to account for the City's general government activities.
Governmental fund types use the flow of current financial resources measurement focus and the
modified accrual basis of accounting. With this measurement focus, only current assets and
current liabilities generally are included on the balance sheet. Operating statements of these
funds present increases (i.e., revenues and other financing sources) and decreases (i.e.,
expenditures and other financing uses) in net current assets. Under the modified accrual basis of
accounting revenues are recognized when susceptible to accrual (i.e., when they are measurable
and available). Measurable means the amount of the transaction can be determined and
available means collectible within the current period or soon enough thereafter to pay liabilities
of the current period. The City considers revenues available if they are collected within 60 days
after year end. Expenditures are recorded when the related fund liability is incurred.
Taxes, intergovernmental revenues, and interest are susceptible to accrual. Sales taxes
collected and held by the State at fiscal year end on behalf of the City are also recognized as
revenue. Other receipts and fees become measurable and available when cash is received by
the City and are recognized as revenue at that time.
The following are the City's governmental fund types:
The general fund is the City's primary operating fund. It accounts for all or most of the
City's general activities except those required to be accounted for in another fund.
The special revenue funds are used to account for revenues from specific taxes or other
revenue sources, which are designated to finance particular functions or activities in
accordance with administrative requirements. The City maintains six special revenue
funds; the Police Education Fund, Street Maintenance Fund, Police Capital Outlay Impact
Fee Fund, Park Development Fund, Federal Forfeiture Fund, and Law Enforcement Fund.
The debt service fund accounts for the servicing of general long-term debt and other long-
term obligations.
The capital projects fund accounts for the acquisition of fixed assets or construction of
major capital projects.
PROPRIETARY FUND TYPE
The proprietary fund type is accounted tbr using the accrual basis of accounting. Under
this method, revenues are recognized when they are earned, and expenses are recognized
in the period incurred.
-8-
CITY OF AVENTURA, FLORIDA
NOTES 'FO GENERAL PURPOSE FINANCIAL S FA FEMENTS
(Continued)
NOTEI.
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
2. Measurement Focus, Basis of Accounting and Basis of Presentation (Continued)
PROPRIETARY FUND TYPE (Continued)
For the proprietary fund, the City has elected to follow all GASB pronouncements and all
FASB pronouncements issued on or before November 30, 1989 except for those that are
contradicted by a GASB pronouncement.
The enterprise fund is used to account for operations that are financed and operated in a
manner similar to private business enterprises where the intent of the governing body is
for user charges to cover the costs of providing the service. The City has one enterprise
fund, the Stormwater Utility Fund.
ACCOUNT GROUPS
The generalfixed assets account group is used to account for fixed assets of the general
government.
The general long-term debt account group is used to account for the principal amounts of
all general long-term indebtedness of the City and the applicable long-term portion of
accumulated unpaid vacation and sick pay benefits (compensated absences).
3. General Fixed Assets
Fixed assets used in the governmental fund types are recorded as expenditures at the time of
purchase. Such assets are capitalized at historical cost in the general fixed assets account
group. Public domain (infrastructure) general fixed assets consisting of streets, bridges, curbs
and gutters, sidewalks, drainage systems and lighting systems are not capitalized, as these
assets are immovable and of value only to the City. The costs of normal maintenance and
repairs that do not add to the value of the asset or materially extend asset lives are not
capitalized.
4. Proprietary Fund Fixed Assets
Fixed assets are stated at cost. Expenses, which materially extend the useful life of existing
assets, are capitalized.
Depreciation has been provided over the estimated useful lives of the related assets using the
straight-line method. The estimated useful lives are as tbllows:
Estimated Useful
Lives (Years)
Capital improvements
30
-9-
CITY OF AVENTURA, FLORIDA
NOTES TO GENERA[. PURPOSE FINANCIAL STATEMENTS
{Continued)
NOTE 1.
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
5. Compensated Absences
City employees are granted vacation and sick leave in varying amounts based on length of
service. Amounts not expected to be liquidated with expendable available financial resources
are reported in the general long-term debt account group.
The City's sick leave policy is to permit employees to accumulate earned but unused sick pay
benefits. Upon termination, sick pay is paid out between 10-50% based on length of service.
The City's vacation policy is that earned vacation is cumulative although limited to certain
maximums based on length of service.
6. Deposits and Investments
The City maintains a pooled cash account for all funds. This enables the City to invest large
amounts of idle cash for short periods of time and to optimize earnings potential. Cash and
cash equivalents represents the amount owned by each fund of the City. Such amounts are
reported separately on the Combined Balance Sheet - All Fund Types and Account Groups.
Cash and cash equivalents, which consist of cash and short-term investments with original
maturities of three months or less, include cash on hand, demand deposits, and investments
with the State Board of Administration Investment Pool. Investments are reported at fair
value as determined by quoted market prices. Investments in the Investment Pool (2A-7 Like
Pool) are reported at its fair value of its position in the pool, which is the same as its pool
shares.
7. Deferred Revenue
Revenues collected in advance are deferred and recognized as income in the period earned.
Deferred revenue consists of prepaid occupational licenses.
8. Long-Term Obligations
The City reports long-term debt of governmental funds at face value in the general long-term
debt account group. Certain other governmental fund obligations not expected to be financed
with current available financial resources are also reported in the general long-term debt
account group.
9. Encumbrances
Encumbrance accounting, under which purchase orders, contracts and other commitments tbr
the expenditure of funds are recorded in order to reserve that portion of the applicable
appropriation, is employed in the governmental lhnds.
-I0-
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE 1.
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
9. Encumbrances (Continued)
Encumbrances are recorded at the time a purchase order or other commitment is entered into.
Encumbrances outstanding at year end, if any, represent the estimated amount of expenditures
to result if unperformed purchase orders and other commitments at year end are completed.
Appropriations lapse at year end; however, the City generally intends to honor purchase orders
and other commitments in process. As a result, encumbrances outstanding at year end are
reported as reservations of fund balance since they do not constitute expenditures or liabilities
of the current period.
Reserves and Designations
Reservations of fund balance/retained earnings represent amounts that are not available for
appropriation or are legally segregated for a specific future use. The description of each
reserve indicates the purpose for which each was intended.
Designations of fund balance indicate that a portion of fund equity has been segregated based
on tentative plans of the City. Such plans or intent are subject to change.
Unreserved undesignated fund balance is the portion of fund equity available for any lawful
use.
Budgets and Budgetary Accounting
An annual appropriated budget is adopted for all governmental funds with the exception of the
Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds). The
budget allocations among the various organizational units are included in the Combined
Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual.
The City follows these procedures in establishing the budgetary data reflected in the general
purpose financial statements.
(a) The City Manager submits to the Commission a proposed operating and capital budget
for the ensuing fiscal year. The budget includes proposed expenditures and the means of
financing them.
(b) Public hearings are conducted to obtain taxpayer comments.
(c) Prior to October 1, the budget is legally enacted through passage of an ordinance.
(d) Formal budgetary integration is employed as a management control device during the
year for the governmental funds described above.
10.
11.
-11-
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTEI.
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
l 1. Budgets and Budgetary Accounting (Continued)
(e)
The City Commission, by ordinance, may make supplemental appropriations for the year
up to the amount of revenues in excess of those estimated. Budgeted amounts are as
originally adopted or as amended. The City Commission made several supplementary
budgetary appropriations throughout the year including approximately $3.5 million in the
general fund and approximately $534,000 in the special revenue funds. The supplemental
appropriations in the general fund and special revenue funds were primarily capital outlay
related expenditures that were not completed in the prior year.
(f) Budgets for the governmental funds are adopted on a basis consistent with generally
accepted accounting principles (GAAP).
(g)
The City Manager is authorized to transfer part or all of an unencumbered appropriation
balance within departments within a fund; however, any revisions that alter the total
appropriations of any department or fund must be approved by the City Commission. The
classification detail at which expenditures may not legally exceed appropriations is at the
department level.
(h) Unencumbered appropriations lapse at fiscal year end. Unencumbered amounts are
reappropriated in the following year's budget for capital accounts only.
(i) Expenditures did not exceed appropriations in any of the governmental funds.
12. Budget-GAAP Reconciliation
The following schedule reconciles the special revenue fund balance in the Combined
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual to
the special revenue fund balance in the Combined Statement of Revenues, Expenditures and
Changes in Fund Balance:
Fund balances (budgetary basis)
Non-budgeted special revenue funds (Federal and State Forfeiture Funds)
Fund balances (GAAP)
$ 543,915
493,651
$1,037~566
13. Use of Estimates
The preparation of financial statements in confbrmity with generally accepted accounting
principles requires management to make estimates and assumptions that affect the amounts
reported in the financial statements and accompanying notes. Although these estimates are
based on management's knowledge of current events and actions it may undertake in the
future, they may ultimately differ from actual results.
-12-
CITY OF AVENTI!RA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
14. lnterfund Receivables and Payables
Transactions between funds that are representative of IendingPoorrowing arrangements
outstanding at fiscal year end are reported as "Due from/to other funds".
15. Memorandum Only-Total Columns
Total columns on the general purpose financial statements are captioned as "memorandum
only" because they do not represent consolidated financial information and are presented only
to facilitate financial analysis. The columns do not present information that reflects financial
position, results of operations or cash flows in accordance with generally accepted accounting
principles. Interfund eliminations have not been made in the aggregation of this data.
NOTE2.
PROPERTY TAXES
Property taxes are assessed as of January 1 each year and are first billed (levied) and due the
following November 1.
Under Florida law, the assessment of all properties and the collection of all county, municipal,
school board and special district property taxes are consolidated in the offices of the County
Property Appraiser and County Tax Collector. The laws for the State regulating tax assessments
are also designed to assure a consistent property valuation method statewide. State statutes permit
municipalities to levy property taxes at a rate of up to 10 mills ($I0 per $I,000 of assessed taxable
valuation). The millage rate assessed by the City for the year ended September 30, 1999 was 2.227
mills.
The tax levy of the City is established by the City Commission prior to October 1 of each year,
and the County Property Appraiser incorporates the millage into the total tax levy, which
includes Miami-Dade County, Miami-Dade County School Board and special taxing districts.
All property is reassessed according to its fair market value as of January l of each year. Each
assessment roll is submitted to the Executive Director of the State Department of Revenue for
review to determine if the rolls meet all of the appropriate requirements of State Statutes.
All real and tangible personal property taxes are due and payable on November 1 each year or as
soon as practicable thereafter as the assessment roll is certified by the County Property
Appraiser. Miami-Dade County mails to each property owner on the assessment roll a notice of
the taxes due and Miami-Dade County also collects the taxes for the City. Taxes may be paid
upon receipt of such notice from Miami-Dade County, with discounts at the rate of four percent
(4%) if paid in the month of November, three percent (3%) if paid in the month of December,
two percent (2%) if paid in the month of January and one percent (1%) if paid in the month of
February. Taxes paid during the month of March are without discount, and all unpaid taxes on
real and tangible personal property become delinquent and liens are placed on April 1 of the year
-13-
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE2.
PROPERTY TAXES (Continued)
tbllowing the year in which taxes were assessed. Procedures for the collection of delinquent
taxes by Miami-Dade County are provided for in the laws of Florida. There were no material
delinquent property taxes at September 30, 1999.
NOTE3.
DEPOSITS AND INVESTMENTS
In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits
are held in banking institutions approved by the State Treasurer of the State of Florida to hold
public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the
State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or
another banking institution eligible collateral. In the event of a failure of a qualified public
depository, the remaining public depositories would be responsible for covering any resulting
losses. Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or
collateralized and are, therefore, not subject to classification by credit risk category under the
provisions of GASB Statement No. 3. Deposits at September 30, 1999 were $9,169,537.
For GASB Statement No. 3 reporting, the City's investments are summarized as follows:
Carrying Fair
Amount Value
Investments not subject to categorization:
State Board of Administration Investment Pool
$ 3~7_~30,374 $~}0 3~T74
A reconciliation of cash and cash equivalents as shown on the combined balance sheet follows:
State Board of Administration Investment Pool
Restricted cash
Cash on hand
Total
$ 3,73O,374
12,659,407
5,404,981
$2 1,794~7~
Cash and cash equivalents
Restricted cash
$ 9,135,355
12,659,407
$21,79~62
NOTE 4.
DUE TO/FROM OTHER FUNDS
Fund
General Fund
Capital Projects Fund
Receivables
$1,010,163
$1,0!Q,163
Payables
$
1,010~163
$1,010,:163
-14-
CITY OF AVENTURA. FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE5.
FIXED ASSETS
Changes in general fixed assets dunng the year were as tbllows:
Balance
September 30,
1998
Additions Deletions
Balance
September 30,
1999
Land $ 6,112,630 $3,322,187 $
Equipment 2,920,I03 444,013
Construction in progress 2,031,613 633,633
Improvements 2,286~386
Total $1_l ~964,346 $6~686,213 $ ..... -
$ 9,434,811
3,364,116
2,665,246
2,286,386
$17,750,~559~
Depreciation is not required and has not been provided on general fixed assets.
The following is a summary of proprietary fund type fixed assets at September 30, 1999:
Capital improvements
Less accumulated depreciation
$2,185,302
51,945
$2,133,35~7
Depreciation expense amounted to $51,945 for the fiscal year ended September 30, 1999.
NOTE 6.
LONG-TERM DEBT
a. Summary of Long-Term Debt
Long-term debt at September 30, 1999 was comprised of the following:
1999 Revenue bonds issued via the Florida Municipal Loan Commission.
Principal is due annually over 30 years at various amounts, commencing
April 1, 2000 and ending April 1, 2029. The Bonds bear interest at variable
rates, 3.2% as of September 30, 1999 and are payable semi-annually
commencing October 1, 1999.
$21,000,000
Accrued vacation and sick leave (compensated absences)
189,179
$~!~189,179
Changes in general long-term debt during the year are as follows:
Balance
September 30,
1998
Additions Reductions
Balance
September 30,
1999
Revenue bonds payable $
Line ofcredit 6,000,000
Accrued vacation and sickleave 195,838
$6,1958~838
$21,000,000 $ $21,000,000
900,000 6,900,000
223,021 229,680 189,179
$22,1~3~9~.[ $7L1~.~ $21,189~1179
-15-
CITY OF AVENTURA, FLORIDA
NOTES 'FO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE 6.
LONG-TERM DEBT (Continued)
b. Summary of Future Debt Service Requirements
The annual debt service requirements to maturity for all Ion&term debt are as follows:
Principal Interest Total
Fiscalyearending September30:
2000 $ 355,000 $ 982,410 $ 1,337,410
2001 370,000 970,255 1,340,255
2002 380,000 966,930 1,336,930
2003 395,000 942,881 1,337,881
2004 410,000 928,097 1,338,097
Therea~er 14,090,000 14,560,666 33,650,666
$~0~0~_0,900 $19,34L239 $40~!.~
On December 20, 1996, the City entered into a three year $10 million non-revolving line of
credit agreement with a bank, to be used for public parks and recreation, the acquisition of
real property, and the building of a police station and government center. The line called for
semi-annual interest payments at 4.58% with the principal due at the end of the three years
was collateralized by pledged utility taxes.
During fiscal year 1999, the City repaid the $6.9 million balance from proceeds from the
revenue bonds. The line expired in December 1999.
NOTE 7.
COMMITMENTS AND CONTINGENCIES
Litigation
Various claims and lawsuits, which arose in the normal course of operations, are pending
against the City. It is management's opinion, based on the advice of the City Attorney, that
the outcome of these actions will not have a material adverse effect on the accompanying
financial statements. Management also believes that any litigation against the City will be
covered by insurance.
Franchise Fees
On June 17, 1998, the City entered into an interlocal agreement with Miami-Dade County (the
County). Under this agreement, 50% of the franchise fees collected from Florida Power &
Light Co. by the County on July 1, 1998, would be remitted to the City. Commencing on July 1,
1999 and every July 1~t thereafter, the County will remit all fees collected within the City's
boundaries. This section of the agreement will be in effect as long as the Ordinance establishing
the collection of these tees is in place. In accordance with the agreement, the County remitted
approximately $1,670,000 to the City for the fiscal year ended September 30, 1999.
-16-
CITY OF AVENTI RA, FLORII)A
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE7.
COMMITMENTS AND CONTINGENCIES (Continued)
On March 31, 1998, the City entered into a second interlocal agreement with the County.
Under this agreement, the County will administer, bill and collect stormwater utility charges
from residents within the City's boundaries. The County will remit all fees collected, less the
County's compensation for billing and collection of said charges. The agreement extends for
five years and may be extended at that time by mutual consent of the County and the City. In
accordance with the agreement, the County remitted approximately $634,000 to the City for
the fiscal year ended September 30, 1999.
Contingent Liabilities
Amounts received or receivable from grant agencies are subject to audit and adjustment by
grantor agencies. While no matters of non-compliance were disclosed by the audit, grantor
agencies may subject grant programs to additional compliance tests, which may result in
disallowed costs. In the opinion of management, future disallowances of current grant
expenditures, if any, would not have a material adverse effect on the City's financial condition.
Employment Agreement
Effective April 19, 1996, the City entered into an employment contract with its City Manager
that provides for an annual salary, adjusted for cost-of-living increases and certain benefits.
This agreement is effective for an indefinite term subject to termination of the City Manager
by the City Commission in accordance with Article III, Section 3.08 of the City Charter. The
City Manager must provide two months advance written notice of voluntary resignation.
Other Agreements
In September 1996, the City entered into a non-exclusive agreement with an engineering
consulting firm (Consultants) to provide building inspections and plan review professional
consultant services beginning November 1, 1996. Pursuant to the terms of the agreement, the
City agreed to pay the Consultants 70% of the gross building fees on a monthly basis. The
agreement continued through January 31, 1999 and has since been extended.
Lease Commitments
On May 28, 1996, the City entered into a non-cancelable operating lease for office space.
The annual base rent is $224,494 adjusted for consumer price index and common area
maintenance fees. The original lease was for 42 months and contained an option to extend
the term for three successive one year terms. The lease has been extended and expires on
October 31, 2000.
On November 26, 1996, the City entered into a non-cancelable operating lease for its police
headquarters. The annual base rent is $112,000 for a term of 27 months. This lease was
extended, commencing March 1, 1999, for an additional 18 months at the same base rent.
The lease may be terminated after February 28, 2000 with ninety days notice.
-17-
CITY OF AVENTURA, FLORIDA
NOTES 'FO GENERAL PURPOSE FINANCIAL STATEMENTS
(Continued)
NOTE7.
COMMITMENTS AND CONTINGENCIES (Continued)
Lease Commitments (Continued)
The City is the lessee in several other leases including those for office equipment, police cars,
and public safety equipment. These leases have various terms with expiration dates through
fiscal year 2002.
The future minimum lease payments under the various agreements are as follows:
Fiscal year ending September 30:
2000 $381,613
2001 56,682
2002 16,488
$454~7~!
Lease expense for the fiscal year ended September 30, 1999 was approximately $387,000.
NOTE 8.
RISK MANAGEMENT
The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of
assets, errors and omissions and natural disasters for which the City cames commercial insurance.
The amount of settlements did not exceed insurance coverage for each of past three years. In
addition, there were no reductions in insurance coverage from coverages in the prior year.
NOTE 9.
DEFINED CONTRIBUTION PENSION PLANS
Plan Description
The City of Aventura is a single employer that contributes to three defined contribution
pension plans based on employee classification created in accordance with Internal Revenue
Code Section 401(a). The plans currently cover all full-time employees of the City. Under
these plans, the City contributes between 12-18% depending on the employee classification.
City contributions for the City Manager, Department Directors and Assistant Department
Directors vest in the year they are contributed. City contributions to general employees vest
beginning after three years of service through year seven in 20% increments. Participants are
not permitted to make contributions during the year. The City made contributions to the
Plans of approximately $668,000 during the fiscal year. Plan provisions and contribution
requirements may be amended by the City Commission.
The Plan's assets are administered by ICMA Retirement Corp. The City does not exercise
any control over the plan assets.
-18-
COMBINING & INDIVIDUAL
FUND STATEMENTS
0
m~
~z
COMBINING, INDIVIDUAL FUND
AND ACCOUNT GROUP
STATEMENTS AND SCHEDULES
GOVERNMENTAL FUND TYPES
GENERAL FUND
The general fund is the principal operating fund of the City and is used to account for
resources traditionally associated with governments which are not required legally or by
sound financial management to be accounted for in another fund.
Ad valorem taxes:
Current
Delinquent
Utility taxes:
Electric
Telecommunication
Gas
Electric
Telecommunication
Sanitation
Cable TV
Towing
Total taxes
Intergovernmental;
Federal grants
State ~nts
Safe neighborhood parks
Street improvement grant
Cigarette tax
Alcoholic beverage license
State revenue sharing
Half cent sales tax
County occupational licenses
Total intergovernmental
Licenses and permits:
City occupational licenses
Building permits
Engineering
Total licenses and permits
Charges for services:
Development review fees
Recreation/cultural events
Police services
Interim service fee
Other
Total charges for services
Fines and forfeitures:
County court fines
Code violation fines
Total fines and forfeitures
Other:
Interest
Developer contributions
Miscellaneous
Total other
Total revenues
CITY OF AVENTURA. FLORIDA
Budeet Actual
Favorable
iUnIhvorabtel
-19-
$ 6,550.000 $ 6.572,466 $ 22,466
10,000 22,830 12,830
2,074.000 2.403.845 329,845
745.000 974.490 229,490
400.000 440.844 40,844
70.000 66.961 (3,039)
1,600,000 1,670.491 70,491
65.000 90,164 25.164
30,000 39,052 9,052
160,000 186.416 26.416
45,000 108,068 63.068
12,000 12,000
ll,761.000 12,587,627 826.627
82,396 69,935 (12,461)
40,000 40.000
118,400 118,400
565.000 (565,000)
18.500 19.527 1,027
10.000 5.181 (4,819)
155.000 176,464 21~464
884.000 1,137,005 253,005
30,000 32,468 2,468
1,784,896 1.598,980 (185.916)
539.000 561.028 22.028
1,167.000 1,179.855 12.855
3.000 40,980 37,980
1,709,000 1.781,863 72,863
94,000 94.840 840
48.000 48.300 300
640,120 665,191 25~071
150,000 101,209 (48.791)
5.000 8.568 3,568
937,120 918.108 (I9~012)
112~000 104.736 (7,264)
4.000 15.430 11,430
116,000 120,166 4,I66
230,000 373.619 143.619
400,000 611,430 211.430
25,000 77.288 52.288
655.000 1,062.337 407.337
$ 16,963,016 $ 18,069,081 $ 1,106,065
(Continued)
Operating
City manager:
Personnel services
Operating
Capital outlay
Finance suppo~ services:
Personnel services
Operating
Capital outlay
Legal:
Operating
C0¥ clerk:
Personnel services
Operating
Capital outlay
Total general government
Public safety:
Police:
Personnel services
Operating
Capital outlay
Community development:
Personnel services
Operating
Capital outlay
Total public sat~ty
Community services:
Personnel services
Operating
Capital outlay
Total community services
Non-deparnnental:
Operating
Capital outlay
Total non-departmental
Total expenditures
Excess (deficiency) of revenues over expenditures
Other financing sources:
Operating transfers in
Operating transl~rs out
Appropriated fund balance
Total other financing soumes
Excess of revenues over expenditures and other tlnancing sources
Budget %tual Itrn/hvorab/e)
$ 28.149 $ 28.149 $
40.600 46.471 129
74,749 74.620 129
370,091 370,010 8 I
11)2,930 I02,395 535
4,000 3.553 447
477.021 475,958 1,063
467,401 467,237 164
138,675 130,297 8,378
98,416 60,244 38,172
704,492 657,778 46,714
239,000 238,028 972
110,456 [ 10,094 362
69,320 68,602 718
4,000 3,799 201
183.776 182,495 1,28 l
1,679,038 1,628.879 50,159
4.749,4t 5 4,595,352 154,063
816,375 711,280 105,095
199,488 64,153 135,335
5,765.278 5,370,785 394.493
509,115 491,961 17;154
989,300 987,171 2,129
1,000 917 83
1,499,415 1,480,049 19,366
7.264.693 6,850,834 413,859
409,935 404.285 5,650
2,083,300 2,014,877 68.423
7,523.857 5,529,718 1,994A 39
10,017,092 7,948,880 2,068,212
557,582 543,665 13.917
2.573,292 2,573,292
3.130.874 543.665 2.587,209
(5,128.681) 1.096~823 0,225,504
538,92{) 538,920
(635,000) (633,505) 1,405
5,224,761 (5,224,761 )
5.128.681 (94.675) (5,223356)
-20-
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for revenues derived from specific sources that
are legally restricted to expenditures for particular purposes.
Police Education Fund. This fund is used to account for revenues and expenditures
associated with the two dollars ($2.00) the City receives from each paid traffic citation,
which, by State Statute, must be used to further the education of the City's police officers.
Street Maintenance Fund. This fund is used for revenues and expenditures, which by
State Statute are designated for street maintenance and construction costs. All
expenditures are accounted for in the General Fund by designating specific expenditure
accounts in the Community Services Department and the Capital Improvement Program.
An operating transfer is made to the General Fund to cover such expenditures.
Police Capital Outlay Impact Fee Fund. This fund is used to account for impact fees
derived from new developments and resthcted by Ordinance for police capital
improvements. This fund provides a funding source to assist the City in providing police
services required by the growth in the City.
Park Development Fund. This fund is used to account for revenues and expenditures
specifically earmarked for capital improvements to the City's park system. This fund
accounts for impact fees derived from new developments and restricted by Ordinance for
park capital improvements projects.
Federal Forfeiture Fund. This fund is used to account for proceeds obtained from the
sale of confiscated and unclaimed property turned over to the City through court
judgments. Proceeds are to be used solely for crime fighting purposes.
Law Enforcement Trust Fund. This fund is used to account for resources by police
department confiscation and expenditures for law enforcement purposes.
CITY OF AVENTURA, FLORIDA
SPECIAL REVENUE FUNDS
COMBINING BALANCE SHEET
SEPTEMBER 30, 1999
ASSETS
Cash and cash equivalents
Due from other governments
Total assets
Police
Capital
Outlay
Police Street Impact Park Federal Law
Education Maintenance Fee Development Forfeiture Enforcement
Fund Fund Fund Fund Fund Trust Fund
$ 8,890 $ 78,710 $ 182,755 $ 315,797 $ 242,731 $ 260,913
870 54,604
$ 9,760 $ 133,314 $ 182,755 $ 315,797 $ 242,731 $ 260,913
Total
$ 1,089796
55.474
$ 1,145.27o
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable
Retainage payable
Total liabilities
$ $ $ 11,831 $ $ $ 9,993 $ 21,824
85,880 85,880
11,831 85,880 9,993 107.704
Fund balances:
Unreserved:
Designated for police
Designated for street maintenance
Designated for park development
Total fund balances
Total liabilities and fund balances
9,760 170,924 242,731 250,920 674.335
133,314 133~314
229,917 229,917
9,760 133,314 170,924 229,917 242,731 250,920 1,037,566
$ 9,760 $ 133,314 $ 182,755 $ 315,797 $ 242,731 $ 260,913 S 1,145,270
CITY OF AVENTURA, FLORIDA
SPECIAL REVENUE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Police
Capital
Outlay
Police Street Impact Park Federal Law
Education Maintenance Fee Development Forfeiture Enforcement
Fund Fund Fund Fund FO~($ Trust FUV~I
Total
Revenues:
Intergovernmental $ $ 434,241 $ $ $ $ $ 434,241
Fines m~d forfeitures 5,260 211,958 194,115 411,333
Police impact fees 47,639 47,639
Recreation impact fees 276,744 276,744
Grants 1,067,100 1,067,100
Interest 301 6,648 10,567 8,003 9,675 35,194
Total revenues 5,56l 440,889 58,206 1,343,844 219,961 203,790 2,272,251
Expenditures:
Operating
Capital outlay
Total expenditures
45,682 45,682
162,633 1,624,365 59,490 88,417 1,934,905
162,633 1,624,365 59,490 134,099 1,980,587
5,561 440,889 (104,427) (280,521) 160,471 69,691 291,664
(372,000) (372,000)
5,561 68,889 (104,427) (280,521) 160,471 69,691 (80,336)
4,199 64,425 275,351 510,438 82,260 181,229 1,117,902
$ 9,760 $ 133,314 $ 170,924 $ 229,917 $ 242,731 $ 250,920 $ 1,037,566
99_
Excess (deficieucy) of revenues
over expenditures
Other financing uses:
Operating transfers out
Excess (deficiency) of revenues over
expenditures and other financing uses
Fund balances, beginning
Fund balances, ending
Intergovermnental
Fines and forfeitures
Police impact fees
Recreation impact fees
Grants
Interest
Total revenues
Expenditures:
Operating
Capital outlay
Total expenditures
Excess (deficiency) of revenues over
expenditures
Other financing sources (uses):
Operating transfers out
Appropriated fund balance
Total other financing sources (uses)
Excess of revenues over expenditures
and other financing uses
Fund balances, beginning
Fund balances, ending
CITY OF AVENTURA, FLORIDA
SPECIAL REVENUE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCES - BUDGET AND ACTUAL (ANNUALLY BUDGETED)
FISCAL YEAR ENDED SEPTEMBER 30, 1999
· ' Street Maintenance Fund
Variance Variance
Favorable Favorable
Budget Actual (Unfavorable) Budgel Actual (Unfavorable)
Police Capital Outlay Impact Fee Fuu,l
Variance
Favorable
Budgel Actual t Unfavorable
$ $ $ $ 348,000 $ 434,241 $ 86,24t $ $ $
2,600 5,260 2,660
60,000 47,639 (12,361/
50 301 251 3,000 6,648 3,648 10,567 10.567
2,650 5,561 2,911 351,000 440,889 89,889 60,000 58,206 il,794i
4,146 4,146
235,150 162,633 72,517
4,146 4,146 235,150 162,633 72,517
(1,496) 5,561 7,057 351,000 440,889 89,889 (175,150) (104,427) 70,723
(372,000) (372,000)
1,496 (1,496) 21,000 (21,000) 175,150 /175,1501
1,496 (1,496) (351,000) (372,000) (21,000) 175,150 {175,15u~
5,561 5,561 68,889 68,889 (104,427) 1104,427}
4,199 4,199 64,425 64,425 275,351 275,351
$ $ 9,760 $ 9,760 $ $ 133,314 $ 133,314 $ $ 170,924 $ 170,924
{Contiuucd)
-23-
CITY OF AVENTURA, FLORIDA
SPECIAL REVENUE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCES - BUDGET AND ACTUAL (ANNUALLY BUDGETED)
(Continued)
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Revenues:
Intergovernmental
Fines and forfeitures
Police impact fees
Recreation impact fees
Grants
Interest
Total revenues
Park Development Fllrlq}
Variance
Favorable
Budeet Actual (Unfavorable/
Totals
Bud_eet Actual
$ $ $
50,000 276,744 226,744
1,050,000 1,067,100 17,100
Favorable
(Unfavorable)
$ 348,000 $ 434,241 $ 86,241
2,600 5,260 2,660
60,000 47,639 (12,361)
50,000 276,744 226,744
1,050,000 1,067,100 17,100
3,050 17,516 14,466
1,100,000 1,343,844 243,844 1,513,650 1,848,500 334,850
4,146 4,146
1,634,807 1,624,365 10,442 1,869,957 1,786,998 82,959
1,634,807 1,624,365 10,442 1,874,103 1,786,998 87,105
Expenditures:
Operating
Capital outlay
Total expenditures
Excess (deficiency) of revenues over expenditures
(534,807) (280,521) 254,286 (360,453) 61,502 421,955
Other finm~cing sources (uses):
Operating transfers out
Appropriated fund balance
Total other financing sources (uses)
(372,000) (372,000)
534,807 (534,807) 732,453 (732,453t
534,807 (534,807) 360,453 (372,000) {732,453)
Excess (deficiency) of revenues over expenditures
and other financing sources (uses)
Fund balances, beginning
Fund balances, ending
(280,521) (280,521) (310,498) (310,498)
510,438 510,438 854,413 854,413
$ 229,917 $ 229,917 $ $ 543,915 $ 543,915
-24-
GENERAL FIXED ASSETS ACCOUNT GROUP
To account for fixed assets of the general government.
CITY OF AVENTURA, FLORIDA
SCHEDULE OF GENERAL FIXED ASSETS - BY SOURCE
SEPTEMBER 30, 1999
General fixed assets:
Land
Equipment
Construction in progress
Improvements
Total general fixed assets
$ 9,434,8ll
3,364,116
2,665,246
2,286,386
$ 17,750,559
$ 5,823,512
2,807,748
9,119,299
$ 17,750,559
Investment in general fixed assets:
General fund
Special revenue funds
Capital prOjects fund
Total investment in general fixed assets
-25-
CITY OF AVENTURA, FLORIDA
SCHEDULE OF GENERAL FIXED ASSETS - BY FUNCTION AND ACTIVITY
SEPTEMBER 30, 1999
Function
General government:
Commission
City Manager
Finance support services
Clerk
Total general government
Construction
Land EauiDment in Pro~ess Improvements Total
$ 14,997$ $ $ 14,997
57,023 57,023
496,613 496,613
31,506 31,506
600,139 600,139
2,476,930 2,476,930
89,747 89,747
2,566,677 2,566,677
2,414,390 197,300 2,286,386 4,898,076
7,020,421 2,665,246 9,685,667
$ 9,434,8ll $ 3,364,116 $ 2,665,246 $ 2,286,386 $ 17,750,559
Public safety:
Police
Community development
Total public safety
Community services
Non-departmental
Total general fixed assets
allocated to functions
-26-
CITY OF AVENTURA, FLORIDA
SCHEDULE OF CHANGES IN GENERAL FIXED ASSETS - BY FUNCTION AND ACT[V[TY
FISCAL YEAR ENDED SEPTEMBER 30, 1999
Balance
September 30,
1998
Additions
General government:
Commission $ 14,997 $
Manager 53,470 3,553
Finance support services 438,026 58,587
Clerk 27,707 3,799
Total general government 534,200 65,939
Deletions
$
Balance
September 30,
1999
$ 14,997
57,023
496,613
31,506
600,139
Public safety:
Police 2,128,735 348,195
Community development 88,863 884
Total public safety
Community services
Non-departmental
2,476,930
89,747
2,217,598 349,079 2,566,677
1,766,959 3,131,117 4,898,076
6,545,589 3,140,078 9,685,667
Total general fixed assets
allocated to functions
$ 11,064,346 $ 6,686,213 $ $ 17,750,559
-27-
THIS PAGE INTENTIONALLY LEFT BLANK
STATISTICAL SECTION
CITY Of AVENTURA, FLORIDA
GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1)
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2)
TABLE 1
Fiscal General Public Community Non- Capital Debt
Year Government Safety Services Departmental Outlay Service Total
1995/96 $ 332,840 $ 46,234 $176,794 $107,987 $ 323,387 $ -0- $ 987,242
1996/97 1,122,984 4,377,974 1,589,624 465,192 5,301,853 111,955 12,969,582
1997/98 1,449,408 6,535,920 1,468,806 687,683 8,077,202 237,549 18,456,568
1998/99 1,561,283 6,831,446 2,419,162 543,665 10,919,960 7,591,607 29,867,123
Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds
(2) The City was incorporated during fiscal year 1995/96.
CITY OF AVENTURA, FLORIDA
GENERAL GOVERNMENTAL REVENUES BY SOURCE
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2)
TABLE 2
Licenses Charges Fines
Fiscal Inter- and for &
Year Taxes Governmental Permits Services Forfeitures Interest Other Total
1995/96 $3,767,199 $208,193 $1,904 $ $ $15,263 $2,027 $3,994,586
1996/97 9,376,999 1,379,510 1,368,022 187,558 42,771 315,253 491,529 13,161,642
1997/98 10,671,397 1,390,596 2,756,432 512,141 667,824 515,759 869,239 17,383,388
1998/99 12,990,627 2,033,221 1,781,863 918,108 531,499 586,067 2,080,201 20,921,586
Notes: (1) includes General, Special Revenue, Debt Service and Capital Project Funds
(2) The City was incorporated during fiscal year 1995/96.
-28-
CITY Of AVENTURA, FLORIDA
PROPERTY TAX LEVIES AND COLLECTIONS
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (3)
($ in 000's)
Proper~y (1) Properly Delinquent Total
Fiscal Tax Tax Net Tax Current Tax Tax Tax
Year Levy Discount Levy Collection Collection .(2) Collection
TABLE 3
Percent of
Total Tax
Collections
To Net
Tax Levy
1996/97 $5,802 $199 $5,603 $5,561
8 $5,569 99.39%
18 5,841 98.35%
23 6,595 99.10%
1997/98 6,173 234 5,939 5,823
1998/99 6,894 239 6,655 6,572
Source: Miami-Dade County, Florida, Tax Collector
Notes: (1) Florida Law allows up to 4% discount for timely payment of property taxes
(2) Includes corrections and penalties
(3) The City was incorporated during the 1995/96 fiscal. The first year that the
City was authorized to levy ad vatorem (property) taxes was the 1996/97
fiscal year.
CITY OF AVENTURA, FLORIDA
ASSESED VALUE OF TAXABLE PROPERTY (1)
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2)
Fiscal Non-Exempt Non-Exempt Total Taxable
Year Real Properly Personal Property Valuations
1996/97 $2,509,850,919 $ 95,280,080 $2,605,130,999
1997/98 2,664,701,818 107,083,192 2,771,785,010
1998/99 2,971,907,364 123,652,446 3,095,559,808
TABLE 4
Source: Miami-Dade County, Florida, Tax Collector
Notes: (1) Florida Law requires that all property be assessed at current fair market value
(2) The City was incorporated during the 1995/96 fiscal. The first year that the City
was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year.
-29-
CITY OF AVENTURA, FLORIDA
PROPERTY TAX RATES - DIRECT AND OVERLAPING GOVERNMENTS
(PER $1,000 OF TAXABLE VALUE)
DATE Of INCORPORATION (NOVEMBER 1995) TO DATE (1)
So. FI.
Fiscal Everglades Water FI. Inland
Year City School County Projects Management Navigation Total
1996197 2.2270 10.3660 10.3270 0.1000 0.5720 0.0380 23.6300
1997/98 2.2270 10.4620 9.9930 0.1000 0.5970 0.0500 23.4290
1998/99 2.2270 10.1600 10.0580 0.1000 0.5970 0.047 23.1890
(1) The City was incorporated during the 1995/96 fiscal. The first year that the City
was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year.
Source: Miami-Dade County, Florida, Tax Collector
Note:
TABLE 5
Fiscal
Year
1996/97
1997/98
1998199
Notes:
CITY OF AVENTURA, FLORIDA
RATIO OF NET GENERAL BONDED DEBT
TO ASSESSED VALUE AND NET BONDED DEBT PER CAPITA
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (3)
($ in 000's)
(2) Debt Debt Payable
Assessed Gross Service from Net
(1) Taxable Bonded Monies Enterprise Bonded
Population Value Debt Available Revenues Debt
TABLE 6
Net
Ratio of Net Bonded
Bonded Debt Debt Per
to Assessed Capita
Value (whole $)
20,383 $2,605,131 $ 3,276 $189 $ -0- $ 3,087 0.12% $151.45
20,349 2,771,785 6,196 208 -0- 5,988 0.21%
22,800 3,095,560 21,189 351 -0- 20,838 0.68%
(1) Population is as of April 1 of each year, per the University of Florida,
Bureau of Economic & Business Research.
(2) Includes all General Long-Term Debt
(3) The City was incorporated on November 1995. Accurate estimates of population
were not available until April 1, 1997. For the 1995/96 fiscal year the City was not
in existence at the time that assessed taxable value was determined.
294.27
913.95
-30-
TABLE 7
CITY OF AVENTURA, FLORIDA
COMPUTATION OF LEGAL DEBT MARGIN
GENERAL OBLIGATION BONDS
SEPTEMBER 30, 1998
Assessed Valuation of Taxable Real and Personal Property
$~,095.559.808
Bonded Debt Limit- 10% of above (Note 1)
Amount of Debt Applicable to Debt Limit:
Total Bonded Debt
Less Debt to be Repaid from Specified Revenue Sources:
Covenant to Budget and Appropriate
$21,000,000
$21,000,000
$ 309,555,981
Total Amount of Debt Applicable to Debt Limit
Legal Debt Margin (Note 1)
Note:
309.555.981
(1) The City Charter allows revenue bonds to be issued when authorized by the City Commission as long
as five of the seven Commissioners members approve the debt. Ad Valorem (general obligation
bonds) must be approved by referendum of the electorate. The Charter provides no limit on the
amount of general obligation debt; however, the adopted Capital Improvement Program provides that
general obligation bonds shall not exceed 10% of the total assessed value of the City.
CITY OF AVENTURA, FLORIDA
COMPUTATION OF DIRECT AND OVERLAPPING DEBT
Jurisdiction
Miami-Dade Board of County Commissioners
Miami-Dade County School Board
Aventura
Total
SEPTEMBER 30, 1998
($ in 000's)
Percentage
Net Debt Applicable
Outstanding to Aventura (1)
$342,536 (2) 3.36%
789,095 (3) 3.36%
21,000 100.00%
Note: (1) Based on ratio of assessed taxable value (2) Source: Miami-Dade County, Florida, Finance Department
(3) Source: School Board of Miami-Dade County, Finance Department
TABLE 8
Amount Applicable
to Aventura
$11,509
26,514
21,000
. $59.O23
-31-
TABLE 9
CITY OF AVENTURA, FLORIDA
RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT
TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE (2)
Ratio of Debt
Service to Total
Fiscal (1)Total General General
Year Principal Interest Other Total Debt Service Expenditures Expenditures
1995/96 $-0- $-0- $-0- $~0- $ 987,242 0.0%
1996/97 -0- 111,955 -0- 111,955 12,969,582 0.86%
1997/98 -0- 237,549 -0- 237,549 18,456,568 1.29%
1998/99 6,900,000(3) 691,607 -0- 7,591,607(3) 29,867,123 25.42%(3)
Note: (1) Includes General, Special Revenue, Capital Projects, and Debt Service Funds.
(2) The City was incorporated during the 1995/96 fiscal year.
(3) includes $6,900,000 to refund the 1996 Line of Credit
CITY OF AVENTURA, FLORIDA
ESTIMATED VALUE OF CONSTRUCTION
DATE OF INCORPORATION (NOVEMBER 1995) TO DATE
($ in 000's)
Estimated Value of Construction
Fiscal Number of New New Housing Other than New
Year Housing Units Units Housing Units Total
Number of Permits
Issued
-32-
TABLE 10
Note: (1) The City began processing building permits for construction within its corporate limits in
November 1996. Prior to that date, building permits were processed by Miami-Dade
County and information is not available for that period.
1996/97 (1) 229 $ 55,756 $209,760 $ 265,516 1,719
1997/98 798 140,775 129,438 270,213 4,506
1998/99 365 109,823 57,229 167,052 4,194
Owners Name
1. Aventura Mall Ventures
2. The Prudential Insurance Co.
3. The Bay Club of Aventura
4. Yacht Club of Aventura
5. Tumberry Country Club
6. Finvest Ltd, Partnership
7. Summit Properties
8. D. Softer & B. Redich TR
9. Miami Beach Health Care
Corp.
10. S J Fornary & C Grossman &
John A. Weitz, Trustees
CITY OF AVENTURA, FLORIDA
PRINCIPAL TAXPAYERS
($ in 000's)
FISCAL YEAR 1998/99
Assessed
Type of Business Value
Shopping Center $243,290
Shopping Centers 58,003
Rental Apartment Complex 49,002
Condominium Developer 46,101
Golf Course & Hotel 39,987
Rental Apartment Complex 28,527
Rental Apartment Complex 26,243
Commercial Developer 25,889
Hospital & Health Care Facilities 23,589
Shopping Center 23,079
$563_.7~ 0.00
TOTAL
TABLE 11
% of Total
Taxable Value
7.86%
1.87%
1.58%
1.51%
1.29%
0.92%
0.85%
0.84%
0.76%
0.75%
18.20%
Source: Tax Roll of Miami-Dade County, Florida
-33-
CITY OF AVENTURA, FLORIDA
DEMOGRAPHIC AND MISCELLANEOUS STATISTICS
SEPTEMBER 30, 1999
TABLE 12
Date of Incorporation
November 7, 1995
Form of Government
Commission-Manager
Area
3.5 Square Miles
Population per State Estimate*
22,800
Estimated Ethnic Distribution **:
White (Non-Hispanic)
Hispanic
Estimated Age Distribution **'
Under 35
36 - 55
Estimated Average Household Size **'
One
Two
Estimates of Residence Types**:
Condo
Rental
79.6%
13.7%
26.1%
26.7%
31.3%
44.3%
67.4%
15.4%
African American
Other
55 - 65
65 - +
Three or more
Single Family
Other
Full Time Employees
Public Facilities Located within Corporate Limits:
Public Parks
Open Space Recreation (acres)
Public Libraries (Operated by Miami-Dade County)
Fire Stations (Operated by Miami-Dade County)
Public Tennis Centers
Public Recreation Centers
Public Schools
Police Stations
Police Sub-stations
0.7%
5.9%
13.3%
33.9%
24.4%
9.5%
7.7%
1996 1997 1998 1999
23 96 112 129
0 I 1 1
0 5.5 5.5 8.5
1 1 1 1
1 I 1 2
0 0 1 1
0 0 0 0
0 0 0 0
0 1 1 1
0 0 0 3
*State of Florida, Bureau of Economic & Business Research
**Study Titled Aventura Profile, prepared by Milan J. Dluhy, Ph.D, Director,
Institute of Government, Florida International University
THIS PAGE INTENTIONALLY LEFT BLANK
0
m
m
C)
-,I
COMPLIANCE SECTION
Rachlin Cohen & Holtz LLP
Certified Public Accountants & Consultants
Report of Independent Certified Public Accountants on Compliance and
Internal Control Over Financial Reporting Based on an Audit of General Purpose
Financial Statements Performed in Accordance with Government Auditing Standards
Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as
of and for the year ended September 30, 1999, and have issued our report thereon dated January 28,
2000. We conducted our audit in accordance with generally accepted auditing standards and the
standards applicable for financial audits contained in Government Auditing Standards, issued by the
Complroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the City's general purpose financial statements
are free of material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations and contracts and grants, non-compliance with which could have a direct and material effect
on the determination of financial statement amounts. However, providing an opinion on compliance
with those provisions was not an objective of our audit and, accordingly, we do not express such an
opinion. The results of our tests disclosed no instances of non-compliance that are required to be
reported under Government Auditing Standards.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the City's internal control over financial reporting
in order to determine our auditing procedures for the purpose of expressing our opinion on the financial
statements and not to provide assurance on the internal control over financial reporting. Our
consideration of the internal control over financial reporting would not necessarily disclose all matters in
the internal control over financial reporting that might be material weaknesses. A material weakness is a
condition in which the design or operation of one or more of the internal control components does not
reduce to a relatively low level the risk that misstatements in amounts that would be material in relation
to the financial statements being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no matters involving
the internal control over financial reporting and its operation that we consider to be material weaknesses.
-35-
One Southeast ~ird Avenue, Tenth Floor, Miami, Florida 33131, lei 305-377-4228 o Fax 305-377-8331
Offices in: Miami * Ft. Lauderdale o BocaRaton * West Palm Beach o Stuart
www.rchcpa.com
Member of Summit international Associates, lnc with offices in principal cities throughout Ire world
Member of the American Institute of Cerhfied Public Accountants and member of the Florida Institute of Certified Public Accountants
Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Page Two
However, we noted other matters involving the internal control over financial reporting, that we have
reported to management in the accompanying schedule of findings.
This report is intended solely for the information and use of the Mayor, City Commission and
management and applicable state agencies and is not intended to be or should be used by anyone other
than those specified parties. However, this report is a matter of public record and its distribution is not
limited.
Miami, Florida
January 28, 2000
-36-
Rachlin Cohen & Holtz LLP
Certified Public Accountants & Consultants
Management Letter in Accordance with the Rules of the
Auditor General of the State of Florida
Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as
of and for the year ended September 30, 1999, and have issued our report thereon dated January 28,
2000. We conducted our audit in accordance with generally accepted auditing standards and the
standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States.
In connection with our audit of the general purpose financial statements of the City for the year ended
September 30, 1999, we report the following in accordance with Chapter 10.550 Rules of the Auditor
General Local Governmental Entity Audits which requires that this report specifically address but not be
limited to the matters outlined in rule 10.554(1)(e):
1. No inaccuracies, irregularities, shortages, defalcations or violations of laws, rules, regulations and
contractual provisions were reported in the preceding annual financial audit.
2. The City, during fiscal year 1999, was not in a state of financial emergency as defined by Florida
Statute, Section 218.503(1). The City had no deficit fund balances.
3. Recommendations made in the preceding annual financial statement audit have been implemented,
except as disclosed in the accompanying schedule of findings.
4. Recommendations to improve the City's present financial management, accounting procedures
and internal controls are accompanying this report in the schedule of findings.
5. During the course of our audit, nothing came to our attention that caused us to believe that the City:
a. Was in violation of any laws, rules, regulations or contractual provisions.
b. Made any illegal or improper expenditures.
c. Had improper or inadequate accounting procedures.
d. Failed to record financial transactions, which could have a material effect on the City's
general purpose financial statements.
-37-
One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 · Tel 305~377-4228 · Fax 305-377-8331
Offices in: Miami · Ft. Lauderdale · Boca Raton · West PalmBeach · Stuart
wv.~v, rchcpa.com
Member of Summit international A~sociates, lnc with offices m principal cities throughout the world
Member of tile Americal~ Institute of Certified Pubtic Accountants and member of ttie Florida Institute of Certified Public Accountants
Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Page Two
e. Had other inaccuracies, irregularities, shortages and defalcations, and instances of fraud and
fraud related matters.
The annual financial report for the year ended September 30, 1999 has been filed with the
Department of Banking and Finance pursuant to Section 218.32, Florida Statutes and is in
agreement with the audited general purpose financial statements of the same period.
7. The City of Aventura, Florida was incorporated pursuant to the constitution of the State of Florida
and the Home Rule Charter of Miami-Dade County.
This report is intended solely for the information and use of the Mayor, City Commission and
management of the City and applicable state agencies and is not intended to be or should be used by
anyone other than those specified parties. However, this report is a matter of public record and its
distribution is not limited.
Miami, Florida
January 28, 2000
-38-
CITY OF AVENTURA, FLORIDA
SCHEDULE OF FINDINGS
SEPTEMBER 30, 1999
PART I. CURRENT YEAR COMMENTS AND RECOMMENDATIONS
1. NEW PRONOUNCEMENT
Condition
Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements - and
Management's Discussion and Analysis -for State and Local Governments, establishes new financial
reporting requirements for state and local governments throughout the United States. When
implemented, it will create new information and will restructure much of the information that
governments have presented in the past. These new requirements were developed to make annual
financial reports more comprehensive and easier to understand and use. The new reporting model will
include government-wide financial statements as well as fund financial statements as well as a
management's discussion and analysis section. Implementation will be required for fiscal year ending
September 30, 2003. However, many of the reporting requirements need to be addressed several years
before the required implementation date.
Recommendation
We recommend that the City review the new requirements and plan accordingly.
Management Response
The City will review the reporting requirements of GASB No. 34 and will begin planning to implement
them in the 2000 fiscal year.
2. COMPENSA TED ABSENCES
Condition
During our testing of compensated absences, we noted several deficiencies in recordkeeping. First, the
computer system calculates the employee's annual accrual for a full year regardless of a) when the
employee commenced employment with the city and b) the length of service the employee has at the City.
Each of these is a factor in the amount of sick leave an employee accrues in one year. At the end of each
year, the report that is generated grossly overstates the sick leave liability and it is necessary to manually
adjust for each employee the amount of sick leave that should have accrued based on time of employment.
This causes inefficient recordkeeping and an opportunity for misstatement in the sick leave accrual.
Typically, this amount is not looked at or adjusted until year-end, at the time of the financial statement
audit. Second, the amount of compensated absences liability as reported in the general long term debt
account group represents 100% of the City's liability. In accordance with GASB No. 16, the City has
determined that approximately 10% of the liability would be "current" in nature and accordingly reported in
the general fund. However, the city has not made this adjustment since its inception and continues to reflect
100% in the general long-term debt account group. This causes an understatement of liabilities in the
general fund and an overstatement of long-term debt and amount to be provided.
-39-
CITY OF AVENTURA, FLORIDA
SCHEDULE OF FINDINGS
(Continued)
2. COMPENSA TED ABSENCES (Continued)
Recommendation
We recommend that the City analyze with its programmer to determine whether the length of service
parameters can be added to the sick leave accrual calculation within the program. This will ease in the
manual calculations that are required which will become more cumbersome as the city continues to grow
and hires more employees. We also suggest that beginning in fiscal year 2000, the City record the
applicable current portion of compensated absences in the general fund. Again, as the City grows, the
liability, both current and long-term will continue to grow and recording it properly will minimize to
potential for over/understatement in the various funds.
Management Response
We will explore the feasibility of having the software vendor change the payroll/personnel program to
compute the liability for sick leave based on each individual employee's years of service with the City.
Also, we will record the current portion of the compensated absence liability at the end of the 1999/2000
fiscal year.
-40-
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission .~ ~
Eric M. Soroka, ~¢M~geI
March 28, 2000 ~1
Resolution Declaring Certain Property Surplus
April 4, 2000 City Commission Meeting Agenda Item.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring K-
9 Jax, as requested by the Police Chief, as surplus properly and that ownership of the
dog be transferred to Officer Gamia for $1.00.
EMS/aca
Attachment
CC0863-00
03/31/00 FRI 09:$8 FAX 305 466 8990 AVENTURA POLICE DEI~. I~001
CITY OF AVENTURA
POLICE DEPARTMENT
TO:
FROM:
DATE:
Eric M. Soroka, City~K, laj3a~er ~
Tom Ribel, Chief of Polts~ ~
March 31, 2000
SUBJECT: Surplus Property
K-9 "Jax" has developed a medical condition and he is no longer suitable for police
work. I would like to have him declared surplus property. Officer O. Garcia was "Jax"
handler and trainer and he has indicated a desire to keep the dog and provide him with
a good home. I recommend that ownership of the dog be transferred to Officer Garcia.
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY OF
AVENTURA; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, City Code requires that all City-owned property that has been
declared surplus cannot be disposed of prior to the preparation and formal approval of a
Resolution by the City Commission.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above recitals are hereby confirmed
and adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to sell the property listed on Exhibit
"A" (K-9 Dog) to its handler for $1.00.
Section 4. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 5. Effective Date. That this Resolution shall become effective on April
5, 2000.
Resolution No. 2000-_..
Page 2
who
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patdcia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of April, 2000.
ATTEST:
ARTHUR I. SNYDER,'MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, Ci~ an~
March 31, 2000 ~
Resolution Revising Building Permit Fee Schedule
April 4, 2000 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission adopt the attached revisions to the City's
Building Permit Fee Schedule to reflect modifications made in the South Florida
Building Code and reflect increased costs associated with certain inspections.
BACKGROUND
In November of 1996, the City adopted the existing Miami-Dade County Schedule of
Permit Fees to allow for a smooth transition of the permitting jurisdiction.
Since 1996, the State of Florida, Miami-Dade County and the City have implemented
new rules and regulations that have had a cost impact on the building inspection
process. Miami-Dade County has increased their permit fees several times since 1996
to recover the increased costs.
In addition, there are other items that are no longer required or have been modified by
the City and South Florida Building Code, The revised schedule also includes flood
plain review fees, for new services previously not included in the existing Fee Schedule.
The Fee Schedule has been revised to reflect changes included in the Land
Development Regulations such as the elimination of chain link fences and unusual use
variances.
if you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0864-00
RESOLUTION NO. 2000-.__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING
RESOLUTION 96-38 WHICH DID ADOPT A FEE
SCHEDULE FOR BUILDING PERMITS, AS AMENDED BY
RESOLUTION 98-28; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-22, the City Commission is
authorized to provide a fee schedule for building permit fees; and
WHEREAS, the City Commission adopted Resolution No. 96-38 which did
establish the fee schedule for building permit fees provided by the City; and
WHEREAS, the City Commission adopted Resolution No. 98-28 which provided
for amendment to the building permit fee schedule; and
WHEREAS, the City Commission has deemed it necessary to further amend the
building permit fee schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The fee schedule for building permits adopted by Resolution No.
96-38, and amended by Resolution 98-28, is hereby further amended as set forth on
Exhibit "A" attached hereto and incorporated herein.
Section 2. The City Manager is hereby authorized to take all necessary and
expedient action to carry out the aims of this Resolution.
Resolution No. 2000-__
Page 2
Section 3. This Resolution shall become effective immediately
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:
upon its
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patdcia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of April, 2000.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
City of Aventura, Florida
Building Permit Fee Schedule
Community Development Department
Effective May 2000
BUILDING PERMITS FEE SCHEDULE
GENERAL INFORMATION ON SPECIAL FEES, REFUNDS, EXTENSIONS AND
CANCELLATIONS
1. DOUBLE FEES
When work for which a permit is required is commenced prior to the obtaining of a
permit, the permit applicant shall be required to pay one hundred dollars ($100.00) plus a
double permit fee. In no event shall the applicant pay less than one hundred and seventy
dollars ($170.00). The payment of the required fee shall not relieve any person, firm of
corporation from fully complying with all of the requirements of all applicable regulations
and codes, nor shall it relieve them from being subject to any of the penalties therein. The
double fee requirements shall be applicable to all divisions of the Community Development
Department.
For second offense of doing work without a permit, the permit applicant shall be required
to pay twice the double permit fee plus two hundred dollars ($200.00). For each offense
thereafter, the permit applicant shall be required to pay twice the double permit fee plus
five hundred dollars ($500.00).
2. REINSPECTION FEES
When extra inspection trips are necessary due to (1) wrong address being given on call for
inspection, (2) prior rejection of work due to faulty construction, (3) work not being ready
for inspection at time specified, (4) failure to call for final or other inspections, (5)
required corrections not being made or completed at time specified, a fee of fifty dollars
($50.00) for each reinspection shall be charged to the permit holder in the trade
concerned. If it is determined by the field inspector concerned, that the job has the same
problem after the reinspection fee is assessed and paid, then a second reinspection fee of
one hundred dollars ($100.00) shall be charged. The payment of reinspection fees shall be
required prior to requesting final inspections.
The reinspection fee for inspection of existing buildings by all trades to determine
compliance with the South Florida Building Code, but not annual inspections as required
by 305. l(d) shall be fifty-five dollars ($55.00) per inspection.
3. LOST AND REVISED PLANS FEE
a. LOST PLANS
When plans for new buildings and additions are lost by the owner or contractor, a
recertification fee will be required to review, stamp and approve a new set of plans
as a field copy. Such fee shall be based on thirty percent (30%) of the original
building permit fee, with a minimum fee for Group I (single family residence) or
fifty dollars ($50.00), and a minimum fee for all others of ninety dollars ($90.00).
b. REVISED PLANS PROCESSING FEE
1)
Major plan revision after permit is issued shall be subject to a fee of fifty
percent (50%) of the original permit fee up to a maximum of one thousand
dollars ($1,000.00).
2)
Each time plans are revised for any reason during the processing period
they shall be subject to a fee increase of fifty percent (50%) of the original
permit fee up to a maximum of one thousand dollars ($1,000.00).
Minor plan revision shall be subject to a fee at the rate of one dollar
($1.00) per minute of time for each review that takes longer than five (5)
minutes.
c. LOST BUILDING PERMIT FEE
A replacement fee of twenty-five dollars ($25.00) shall be charged for the loss of a
Building Permit document after a permit has been issued.
REFUNDS, TIME LIMITATION, CANCELLATIONS
The fees charged pursuant to this schedule, provided the same are for a permit required by
Section 301.1 of the South Florida Building Code, may be refunded by the Director of the
Community Development Department, subject to the following:
a. No refunds shall be made on requests involving:
1) permit fees of one hundred dollars ($100.00) or less; or
2)
permits revoked by the Building Official or Director of Community
Development under authority granted by the South Florida Building Code,
or permits canceled by court order; or conditional permits; or
3) permits which have expired; or
4)
permits under which work has commenced as evidenced by any recorded
inspection having been made by the Department; or
5) the original permit holder when there is a change of contractor.
City of Aventura
Building Permit Fee Schedule
2
A full refund less one hundred dollars ($100.00) or fifty percem (50%) of the
permit fee, whichever is greater, rounded to the nearest dollar, shall be granted to
a permit holder who requests a refund provided that:
1)
the Department receives a written request from the permit holder prior to
the permit expiration date; and
2)
the permit holder submits with the written request the applicant's validated
copy of said permit; and
3)
no work has commenced under such permit as evidenced by any recorded
inspection.
Where there is a change of contractor or qualifier involving a permit, the second
permit holder shall pay a fee of seventy-five dollars ($75.00) to cover the cost of
transferring the data from the original permit to the second permit, except when
the original permit has expired or the original permit fee is under seventy-five
dollars ($75.00), in which case the original permit feel shall be paid.
A fee of fifty-five dollars ($55.00) shall be paid by the permit holder who submits a
written request for a permit extension as authorized under Section 304.3(b) of the
South Florida Building Code.
City of Aventura
Building Permit Fee Schedule
3
SPECIAL PROJECTS
A fee equal to actual staff time and related costs shall be assessed for special
projects requiring research by the department in order to answer questions
proposed by developers, attorneys, realtors in connection with the use, re-
subdivision, and development of properties, or to determine if any existing
violations are on the property through a review of departmental records. Such
special fee only will be levied for requests outside the scope of normal Department
work. A minimum fee of sixty dollars ($60.00) shall be charged. A fee equal to
two dollars ($2.00) per page shall be assessed for pre-programmed computer
reports on department records. The minimum fee shall be fifty dollars ($50.00).
GENERAL INFORMATION
3) A $0.01 per square foot fee will be added to building permits for the State of
Florida to study building code requirements for radon gas.
4)
For concurrency review, a fee of six percent (6%) of the total permit fee,
Certificate of Use and Occupancy or Zoning application fee, will be added to original
fees where a concurrency review was performed.
5) Impact fees are assessed on certain building permits, including reapplication on
expired permits.
7. FLOOD PLAIN REVIEW
a. Flood Plain Plan Review (Residential), per plan
$15.00
b. Flood Plain Plan Review (Commercial), per plan
$25.00
City of Aventura
Building Permit Fee Schedule
4
BUILDING PERMIT FEES
Fees listed in section B include only building permit fees and do not include plumbing, electrical
or mechanical fees, certificate of occupancy fees, or contractor/tradesmen fees which are listed in
the following sections:
1.~. MINIMUM FEES FOR BUILDING PERMIT
The minimum fee for all building permits is applicable to all
items in the section - except as otherwise specified
$100.00
(This minimum does not apply to add on building permits issued as supplementary
to current outstanding permits for the same job.)
2. ~. NEW BUILDINGS OR ADDITIONS
For each 100 square feet or fractional part of floor area:
New Construction Single Family and Duplex above 1000 0.30
sq. ft. - Group I per sq. ft.
Prefabricated milky sheds with slab (max 100 sq. ft. of floor 100.00
area).
Single Family and Duplex (Group I) - Attached & Detached
Structures
0 to 100 sq. ft. in floor area 50.00
101 to 300 sq. ft. in floor area 85.00
301 to 500 sq. ft. in floor area 125.00
501 to 1000 sq. ft. in floor area 225.00
Above 1000 sq. ft. per sq. ft. 0.30
Alterations or repairs to Single Family Residence or Duplex 0.05
City of Aventura
Building Permit Fee Schedule
5
(Group 1 ) per $1.00 of estimated cost or fractional part
Minimum Fee 125.00
Repairs due to fire damage per $1.00 of estimated cost or 0.06
fractional part (copy construction contract required)
Minimum Fee 225.00
Storage & Industrial Use of Group E & F occupancies 100 9.25
sq. ft. or fractional part of floor area
Shade Houses per 100 sq. ft. or fractional part of floor area 0.35
Greenhouses & buildings for agricultural uses 5.75
(nonresidential) when located on the premises so used per
100 sq. ft. or fractional part of floor area
Mobile Home additions - each 100 sq. ft. or fractional part 6.95
of floor area
All others per 100 sq. ft. or fractional part of floor area 11.00 19.~.9
For structures of unusual size or nature such as arenas, stadiums and water and
sewer plants, the fee shall be based on ½ of the estimated construction cost.
NEW CONSTRUCTION OTHER THAN AS SPECIFIED HEREIN:
(WATER TOWERS, PYLONS, BULK STORAGE-TANK FOUNDATIONS,
UNUSUAL LIMITED-USE BUILDINGS, MARQUEES, AND SIMILAR
CONSTRUCTION)
For each $1,000 of estimated cost or fractional part $9.00 $°-,.50
Subsoil preparation for each $1,000 of estimated costs 5.25
(does not include C.O. to occupy property
4.~. ALTERATIONS AND REPAIRS TO BUILDINGS AND OTHER
STRUCTURES (EXCEPT GROUP I)
For each $100.00 of estimated cost or fractional part
Minimum Fee
1.35 1.25
200.00
5.6. MOVING BUILDINGS OR OTHER STRUCTURES
City of Aventura
Building Permit Fee Schedule
6
For each 100 square feet or fractional part thereof (does not 9.00
include cost of new foundation or repairs to building or
structure)
City of Aventura
Building Permit Fee Schedule
7
ROOFING (Including re-roofing)
Group ! and H Occupancy
Roofing shingle and other roof types not listed per sq. ft. of 0.08
roof coverage including overhangs 0.07
Roofing Tile 0.10
t~ tho
Minimum fee per roofing category 60.00
All other occupancies 0.08
Roofing shingle and other roof types not listed 0.07
Per sq. fi. up 30,000 sq. ft.
Each sq. ft. thereafter 0.04
Roofing Tile 0.10
Per sq. ft. up to 30,000 0.09
Each sq. ft. thereafter 0.05
8.~ FENCES AND/OR WALLS
Cha/v2:~v& Aluminum (each linear foot) 1.15
Wood (each linear foot) 0.65
Concrete (each linear foot) 1.15
9.t~. SWIMMING POOLS, SPAS, AND HOT TUBS
For each 1,000 gallon capacity or fractional part
Minimum fee
4.75
50.00
City of Aventura
Building Permit Fee Schedule
8
10.11. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE
USED FOR PUBLIC ASSEMBLY
For each 100 square feet or fractional part of platform area
For each 100 lineal feet or fractional part of seats
5.25
4.50
11.12. DEMOLITION OF BUILDINGS
For each 100 square feet or fractional part of floor area
5.25
12.13. DEMOLITION OF SIGNS, FENCES AND/OR WALL STRUCTURES
OTHER THAN ABOVE
I Fee 35.001
13.t4~.
SHOP DRAWING REVIEW
a. TRUSSES
First 600 square feet or fractional part t 12.75
Each additional 100 square feet or fractional part] .65
b. PRECAST/PRESTRESS
(Roof-Floor-Walls) each 1,000 square feet or
fractional part
c. OVERHEAD DOORS
Each overhead door
6.50
d. SKYLIGHTS
6.50J
lEach skylights t 6.50 J
City of Aventura
Building Permit Fee Schedule
9
e. HAND RAILS/STAIR RAILS
For the first 500 linear feet or fractional part
11.55
1.20
For each additional 100 linear fe~ or part
STORE FRONT/FIXED GLAZING
(Under 8 feet high x 4 feet wide) each 100 square
feet or part
7.25
WALK-IN COOLERS
Each walk-in cooler
60.00
14.t~. INSTALLATION OR REPLACEMENT OF WINDOWS OR DOORS
Replacement of windows and exterior doors in all buildings or installation of
windows or doors in building exceeding two stories in height; or storefronts and
fixed glass exceeding eight feet (8') in height or four feet (4') in vertical mullion
spacing; or Curtain walls including windows and doors therein;
For each 100 square feet or fractional part
6.301
15.~6;. SCREEN ENCLOSURES, CANOPIES, SHUTTERS AND AWNINGS
a. SCREEN ENCLOSURES
b. FREE STANDING CANOPIES
For each $1,000.00 of estimated cost or fractional
part
8.00
City of Aventura
Building Permit Fee Schedule
10
c. AWN1NGS AND CANOPIES
Horizontal projection per square feet area covered
d. SHUTTERS
tShutters up to 600 square feet
Each additional square feet
16.t~ TRAlLER TIE DOWN
0.08
100.00
0.08
Trailer permit fee: including tie down, plug in of plumbing
and electrical service connections per trade per trailer
120.00
This does not include installation of meter mounts and service equipment.
Separate mechanical plumbing and related electrical permits are required.
SIGN PERMIT FEES
a. Minimum sign fee 100.00
b. Signs-non illuminated (per square feet) (illuminated 1.25
signs under electrical permits)
c. Annual renewal of Class C signs on or before 30.00
October 1st of each year (per sign)
18.20. SATELLITE DISHES
[ All trades each [
l$O.OO J
City of Aventura
Building Permit Fee Schedule
11
PLUMBING PERMIT FEES
1. MINIMUM PLUMBING OR GAS FEE PER PERMIT
Except as otherwise specified
[ 100.0~0
(This minimum does not apply to add on plumbing permits issued as
supplementary to current outstanding permits for the same job.)
ROUGHING-IN OR PLUGGED OUTLETS FOR:
Bathtubs, closets, doctors, dentists, and hospital sterilizers, autoclaves, autopsy
tables and other fixtures, appurtenances or other appliances having water supply or
waste outlet, or both, drinking fountains, fixtures discharging into traps or safe
waste pipes, floor drains, laundry tubs, lavatories, showers, sinks, slop sinks,
urinals, water heaters
For each roughing-in or plugged outlet 9.00 5.99
Fixtures set on new roughing-in or plugged outlets or 9.00 5.99
replaced on old roughing in: each fixture
~'~ ~' ...... : .... "~'~ ..... ~ 15.75
3. SEPTIC TANKS, SETTLING TANKS, GAS AND OIL INTERCEPTORS,
GREASE TRAPS:
(Including tank aband°nment, draintile and relay for same)I 31.50I
Installation 150.0
4. SEWER
Each building storm sewer and each building sewer where 7.90
connection is made to a septic tank, to a collector line or to 1.50
an existing sewer or to a city sewer or soakage pit or to a
(per foot)
building drain outside a building
Sewer Capping 30.00
City of Aventura
Building Permit Fee Schedule
12
5. CONDENSATE DRAIN (AIR CONDITIONING):
Per outlet 18.00
3.15
Except ,,,,,~ .................... N/C
WATER PIPING:
ipal pti
Water service connection to a munic or vate water ....
supply system (for each meter on each lot) 1.50
(per foot)
Water connection or outlets for appliance or installations 18.00 6.
not covered by fixture set above
Irrigation system, and underground sprinkler system for 1.25 16.$0
each zone (per head)
Solar water-heater installation, equipment replacement or 100.00 .....
repair
Swimming pool piping, not including well (new installation 45.00 21.50
of replacement including service connection)
Sump pump 18.00
2" or less water service backflow assembles 50.00 25.90
2 ½" or larger water service backflow assembles 50.00 55.9~
Repairs to water piping: for each $1,000 estimated cost or 5.75
fractional part
Hot water heater replacement (residential only) $50.00
7. WELLS
[ All wells t 150.00[
City of Aventura
Building Permit Fee Schedule
13
8. NATURAL GAS OR A LIQUEFIED PETROLEUM:
For each outlet (includes meters and regulators 9.00
For each appliance (does not include warm air heating units, 9.00 6.00
but does include unvented space heaters and vented wall
heaters-No duet work) (See Fee section E (3) for heating)
For each meter (new or replacement) 60.00 4:00
For major repairs to gas pipe where no fixture or appliance ~ 5.
installation in involved See repairs
Underground L.P. Gas Tanks 100.00 .....
Above ground L.P. Gas Tanks 100.00
Change of company - (no additional appliances or outlets) 60.00:5-30
WATER TREATMENT PLANTS, PUMPING STATIONS, SEWAGE
TREATMENT PLANT AND LIFT STATIONS:
Water treatment plant (interior plant piping) 210.00
Sewage treatment plan (interior plant piping) 150.00
Lif~ Station (interior station piping) 240.00
Sewage ejector 125.00 7~.~
10.
WATER AND GAS MAINS:
(On private property and other than public utility easements)
Each foot
City of Aventura
Building Permit Fee Schedule
14
I1. STORM AND SANITARY UTILITY AND/OR COLLECTOR LINES
BUILDING DRAIN LINES:
r~, 50 c~. .... .~ ,h .... r 6x6xlineal foot Each 200 cu. 15.00
Ft. -~ aa
Each manhole or catch basin 25.00 !0.00
12. TEMPORARY TOILETS- WATERBORNE OR CHEMICAL
gir~Mq~ag~at~,o~ Temporary Toilet Unit Each 50.00
Renewal of temporary toilet same charge as original permit.
DENTAL xr s t~
13.
lEach system(chair)
I 100.00 ~0.00
14.
TRAILER OR MANUFACTURES HOMES CONNECTIONS
Construction Trailers
leach unit
I 120.00 ~0.00 I
15. REPAIRS
leach $100.00 estimated cost or fractional part
15.00 [
16.
WATER HEATERS REPLACEMENT (RESIDENTIAL ONLY)
IEach unit I 50'00 I
City of Aventura
Building Permit Fee Schedule
15
ELECTRICAL PERMIT FEES
1. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK
PER PERMIT
Except as otherwise specified I 100.00 50.00 I
(This minimum does not apply to add-on electrical permits issued as supplementary
to current outstanding permits for the same job and demolition work.)
PERMANENT SERVICE TO BUILDINGS - NEW WORK ONLY
(The following fee shall be charged for total amperage of service.)
For each 100 amp. or fractional part
4.50 I
FEEDERS:
(Includes feeders to panels, M.C.C; switch-boards, generators; automatic transfer
switches, elevators, etc.)
[ Each feeder [ 12.00[
4. AGRICULTURAL SERVICE (Permanent)
Per amp ] 50.00.
5. TEMPORARY SERVICE FOR CONSTRUCTION
I Per service
100.00 59.99
TRAILER SERVICE (Construction)
IPer service I 120'001
TRAILER SERVICE (Residential)
City of Aventura
Building Permit Fee Schedule
16
TEMPORARY SERVICE FOR TEST (Commercial Only)
Ia. Equipment and service (30 day limit) per meter t 100.00
90 00
b. Elevator (180 day limit) per elevator I 100.00 on .....
RESIDENTIAL WIRING
(New construction of Group I and living units of Group H.) Applies to all
electrical installations except common areas, parking tot area and/or buildings and
house service of Group H.
I Foreach 100 square feet or fractional part offloor area I 1t.00 7.00
Common areas of Group H includes: corridors, public lounges, elevators, pumps,
A/C (public area), lights, outlets, house and emergency service, etc. These areas
shall be subject to the fees below:
10. ALL OTHER WIRING AND OUTLETS:
a. Includes boxes, receptacles, switches, sign, 1.60
fractional motor, fans, low voltage outlets,
empty outlets for telephone, CTV, each
outlet, 110 volt smoke detectors each outlet
box
b. Special outlet 7.00
c. Commercial equipment (KVA rated) X-ray 7.00
outlets, commercial cooking equipment,
presses, generators, transformers,
permanently connected. For each 10 KW
or fractional part
e. Motors (Fractional already covered on general outlets)
City of Aventura
Building Permit Fee Schedule
17
1) From 1 HP to 5HP for each motor 5.25
2) Over 5 ItP to 100 HP for each motor 7.35
3) Over t00 HP for each motor 15.75
4) Each hp or fractional part over 20 hp 2.50
Air conditioning and refrigeration system (new work). Applies to
commercial and residential, agricultural and industrial. Covers related
work, except wall or window units which are covered under special outlets.
1) Per ton or fraction part thereof 6.00
2) Air conditioning and refrigeration system 2.00
strip heating, space heat'mg. For each 10
KW of fractional part
3) Replacement or relocation of existing A/C
and refrigeration units (same size)
Per ton 1.05
Per KW .55
Electrical equipment - replacement (existing facilities) Fee based on
cumulative cost of the following components:
1) Switchboards, M.C.C., panels, control 20.00
boards. For each board
2) Motor replacement for same size.
From 1HP to 5HP for each motor 2.65
From 5 HP to 100 HP for each motor 3.65
Over 100 HP for each motor 8.40
City of Aventura
Building Permit Fee Schedule
18
11.
LIGHTING FIXTURES
Fee based on cumulative cost of the following components:
Includes floodlights, spotlights, parking lights, tennis court lights, fluorescent and
incandescent fixtures, etc.
a. Per fixture 1.60
b. Plugmold, light track, neon strips. Each 5 feet or 3.10
fractional part
c. Per lighting pole (standards) (Fixture to be charged 10.00
separately)
SIGNS & ARCHITECTURAL FEATURE (Indoor Neons)
12.
Per outlet 10.50
Per square feet of sign 1.50 1.25
Repairs, and reconnection each 75.00
Neon strips each 5 feet or fractional part 5.00 2.50
13.
TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS,
CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC.
Fee based on cumulative cost of the following components:
Lighting Fixtures 1.35
Equipment ground each 5.25
Electrical service (iftemp pole required) 78.75
Generator for each 10KW or fractional part 5.25
City of Aventura
Building Permit Fee Schedule
19
14. FIRE DETECTION SYSTEM
(Needs category 04 processing)
Includes fire alarm systems, Halon, etc. Does not include single 110 volt
residential detectors.
Per system [ 125.00
15.
MASTER TELEVISION ANTENNA AND RADIO SYSTEM
Does not include CATV and telephone empty conduit system. Does include free
wiring of same.
Master1 20
control
30.00
29 90
Each device 1.60
16. BURGLAR ALARM SYSTEM
Residential prewiring only 90.00 A.~.vv ~ n,~
Installation Devices (per outlet) 1.60 45:00
Complete System 90.00
17.
INTERCOM SYSTEM
Includes residential (3 units or more), nurse call, paging, ~tc.:
Each system plus devices 60.00
Master Panel 20.00
ENERGY MANAGEMENT SYSTEM
18.
Per floor 125.00
Repair per floor 60.00
City of Aventura
Building Permit Fee Schedule
2O
19.
SWIMMING POOLS, ELECTRICAL
Fee based on cumulative cost of the following components:
a. Residential pool or spa (Group I) (Includes motor 75.00 60.00
and pool lights
b. Residential Combination pool/spa (includes motor 100.00 99.99
and pool lights)
c Commercial and multi-family dwelling pool or spa 150.00
I/lO
d Commercial, multi-family dwelling combination 200.00
pool/spa ~ nn ,m
20.
FREE STANDING SERVICE - New meter and service (Requires processing)
Fee based on cumulative cost of the following components:
Includes lift stations, sprinkler systems, street lighting,
parking lots, etc. that require new service with separate
mete
90.00
City of Aventura
Building Permit Fee Schedule
21
MECHANICAL PERMIT FEES
1. MINIMUM MECHANICAL PERMIT FEE
Except as otherwise specified
100.00 .....
(This minimum does not apply to add on mechanical permits issued as
supplememary to eurrem outstanding permits for the same job.)
AIR CONDITIONING AND REFRIGERATION, INCLUDING THE
RELOCATION OF EQUIPMENT
Separate permits are required for electrical, water and gas connections.
For each ton capacity or fractional part thereof 15.00
Minimum Fee 100.00 .....
FURNACES AND HEATING EQUIPMENT, INCLUDING
COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT
ELSEWHERE CLASSIFIED (Includes all componem parts of the system except
fuel and electrical lines).
For each 15,000 BTU (4.39 KW) per hour or fractional
part
10.00 8A9
4. FIRE SPRINKLER SYSTEM
Per standpipe 20.00 2.00
Per sprinkler head 1.00
Per hose rack or hose bib 10.00
Per connection to community supply 75.00 35.99
Each 50 feet of underground piping or part thereof 20.00
Minimum Fee 70.00
City of Aventura
Building Permit Fee Schedule
22
5. STORAGE TANKS FOR FLAMMABLE LIQUlDS
Per tank
INTERNAL COMBUSTION ENGINES
Stationary
COMMERCIAL KITCHEN HOODS
I Each
150.00
75.00
125.00
OTHER FEES
a. Fire chemical halon and spray booths
For each system
125.00
105.00
Insulation, Pneumatic Tube, Conveyor Systems,
Pressure and Process Piping, Sheet al or Fiberglass
Air Conditioning Duct, Cooling Towers,
Mechanical Ventilation Duetwork or Ductless
Ventilation
For each $1,000.00 or fractional part of estimated
cost
WATER TOWERS
l Per ton
15.00 ]
City of Aventura
Building Permit Fee Schedule
23
City of Aventura
Building Permit Fee Schedule
24
BOILERS AND PRESSURE VESSELS
Installation permit £ees: Including initial inspections and certificate. Does not include
installation or connection o£fuel and water lines.
1. BOILERS:
The following fees apply to each boiler to be installed.
Boilers less than 837 MBTU each 75.00
Boilers 837 MBTU to 6,695 MBTU each 90.00
Boilers 6,695 MBTU and up each 125.00
Steam driven prime movers, each 60.00
Steam actuated machinery, each 60.00
Unfired pressure vessels (operating at pressures in excess of 75.00
60 psi and having volume of more than 5 cubic feet) each
pressure vessel
FEES FOR PERIODIC REINSPECTION:
Steam Boilers (annual) Each 125.00
Hot water boilers (annual) Each 52.00
Unfired pressure vessels (annual) Each 46.00
Miniature boilers (annual) Each 46.00
Certificate of inspection (where inspected by insurance 75.00
company) Each
Shop inspection of boiler or pressure vessels per completed 75.00
vessel
(Minimum of $165.00 per half day, full day, regardless of 335.00
number of vessels inspected)
City of Aventura
Building Permit Fee Schedule
25
CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF
COMPLETION
The following original fees shall be paid for all uses. The indicated renewal fee applies to
those uses which are required to be renewed annually by Code or by Resolution. All non-
renewable uses are issued permanent use and occupancy certificates which shall remain
valid for an unlimited time, unless revoked for cause or abandoned and providing there is
no change of use, ownership, or name, or that there is no enlargement, alteration or
addition in the use or structure.
RESIDENTIAL (C.O. per unit)
Original Fee Annual
Renewal Fee
Duplexes, per structure 35.00 None
Bungalow courts 45.00 None
Apartments, hotels, motor hotels and all 55.00 None
multiple family uses-per building 4~50 Units
51-100 Units 65.00 None
101-200 Units 75.00 None
201 or more units 85.00 None
Private school, day nursery, convalescent and 90.00 50.00
nursing home, hospital, ACFL and
Developmentally Disabled home care
City of Aventura
Building Permit Fee Schedule
26
BUSINESS, WHOLESALE AND RETAIl,
All uses, except the following:
Original Fee Annual
Renewal Fee
Per square feel of business area .03
Minimum 100.00 99.00 55.00
Automobile, trailer, boat, truck, etc., rental or .03
sales from open lot or combination open lot
and building per square feet of business area
Minimum 100.00 90.00 160.00
Changer of owner or restaurant 90.00 55.00
liquor/beer/wine in conjunction with
restaurants, grocery stores, etc.
INDUSTRIAL
All uses, except the following:
Original Fee Annual
Renewal Fee
Per square feel of business area .03
Minimum 90.00 55.00
Automobile used parts yard, commerciai
incinerators, junkyards, slaughterhouses, bulk
storage or petroleum products, and utility
plants.
Per square feet of business area .02
Minimum 420.00 160.00
City of Aventura
Building Permit Fee Schedule
27
4. MISCELLANEOUS, ............. , SPECIAL PERMITS,
,~v,~r,~TC'ro~ ~m~ xr,~o~,~,~ES AS FOLLOWS:
Original Fee Annual
Renewal Fee
AH unusual uses, except the following 210.00 160.00
Churches None None
Airport, commercial dump permits, 420.00 160.00
racetracks, stadiums
Cabaret, nightclub, liquor or package store 265.00 265.00
Rock quarries, lake excavations and/or filling 315.00 160.00
thereof
Circus or Carnival (per week) 185.00 185.00
Open lot uses 125.00 105.00
Land cleating, sub soil preparation 110.00 125.00
AGRICULTURAL
Original Fee Annual
Renewal Fee
All uses, except as otherwise listed herein 125.00 125.00
TRAILER USE CERTIFICATES
Covers administrative and initial field inspection cost for all types of construction
site trailers. Fee also covers cost of site plan review.
Original Fee Annual
Renewal Fee
a. Trailers approved for temporary 180.00 180.00
occupancy during construction of a residence
(section 33-168 Metro Code)
City of Aventura
Building Permit Fee Schedule
28
b. Trailers approved for commercial 350.00 350.00
purposes or development projects, including
watchman's quarters and temporary sales
trailers
c. Construction Field Offices 125.00 125.00
d. Cash escrow processing fee 100.00
e. Trailer Tag deposit 25.00
£ Cash Escrow processing (Balloons) 50.00
g. Cash Escrow processing (Demo) 200.00
h. Demolition C.O. 300.00
MAXIMUM FEE
Original Fee Annual
Renewal Fee
The maximum Community Development 600.00 None
Department fee for a Certificate of Use and
Occupancy shall be
Provided no violation exists at time of C.O.
CHANGE OF USE OR NAME
When there is a change of use or name, the fee shall be the original fee listed for
the use proposed.
REFUNDS
No refunds shall be made of fees paid for use and occupancy permits. In case of
error, adjustment may be made by the Director of the Community Development
Department.
City of Aventura
Building Permit Fee Schedule
29
10.
OCCUPANCY WITHOUT C.O.
Original Fee Annual
Renewal Fee
(In violation) 150.00 plus a
double C.O.
fee
11. FAILURE TO RENEW C.O.
C.O.s not renewed on or before the renewal date will be assessed a $150.00
violation fee plus a double C.O. fee.
12. CERTIFICATE OF COMPLETION (C.C.)
Original Fee Annual
Renewal Fee
Single family residence, Townhouse Unit, and 25.00 None
commercial shell
13. TEMPORARY C.O. "UP FRONT" FEE
When the temporary C.O. (TCO) application is received, the applicant shall pay an
"up-front" processing fee equal to twenty-five dollars ($25.00). This processing
fee is not refundable. This fee shall be deducted from the total cost of the TCO.
14. C.O. AND TCO INSPECTION FEE
When an inspection is necessary prior to the issuance of a C.O. or TCO, an
inspection fee of thirty dollars ($30.00) is charged for each inspector who is
required to make a field inspection. Temporary C.O.s will be charged at a fee
equal to the final C.O. cost in addition to the inspection fee. This fee will be
needed, up to ninety (90) days.
15. C.O. REINSPECTION FEE
When extra inspection trips are necessary due to 1) wrong address being given on
call for inspection 2) required corrections not being made or completed at time
City of Aventura
Building Permit Fee Schedule
30
16.
specified 3) failure to provide access to the property or use, a fee of fifty dollars
($50.00) for each inspector who must return shall be charged. Any reinspection
after the initial reinspection shall require payment of a one hundred dollars
($100.00) fee.
LETTER OF OMISSIONS FEE
A fee of twenty-five dollars ($25.00) will be charged for each trade in which an
item has been omitted prior to final inspection approval. A minimum fee of
twenty-five dollars ($25.00) shall be charged.
H.t~ PREMISE PERMIT FEE
In accordance with provisions of the South Florida Building Code and Chapter 10 of the
Code of Metropolitan Dade County, each firm or organization in Dade County which
performs its own maintenance work with certified maintenance personnel as well as
helpers thereunder may pay to City of Aventura an annual Master and subsidiary premise
permit fee in lieu of other fees for maintenance work. Such fee shall be paid to the
Community Development Department and such permit shall be renewed annually at a fee
which is calculated in accordance with the provisions of this subsection.
1. CALCULATION OF THE INITIAL MASTER PREMISE PERMIT FEE:
Each finn or organization which obtains an annual Master premise permit shall
include in their application for such permit the total number of maintenance
personnel, including helpers and trainees thereunder assigned to building,
electrical, plumbing or mechanical work. The Master Premise Permit fee shall be
computed by multiplying the total number of such employees times fifty dollars
($50.00). The minimum Master premise permit fee shall be nine hundred and
forty-five dollars ($945.00).
CALCULATION OF THE INITIAL SUBSIDIARY PREMISE PERMIT
FEE:
Each firm or organization which utilizes decentralized locations in addition to the
main location described under point 1 above, may additionally apply for a
Subsidiary Premise Permit for each such decentralized location. Such application
for a Subsidiary Premise Permit shall include the same information required in
point 1 above. The Subsidiary Premise Permit Fee shall be computed by
City of Aventura
Building Permit Fee Schedule
31
multiplying the total number of such employees times fifty dollars ($50.00). The
minimum Subsidiary Premise Permit fee shall be two hundred and sixty-five dollars
($265.00).
3. RENEWAL OF PREMISE PERMIT:
Prior to each premise permit expiration, the holder will be sent a renewal notice to
continue the premise permit for the next renewal period. The calculation of the
renewal premise permit fee shall be the same as the method used to calculate the
original premise permit fee. No allowances shall be made for late renewal fees or
part year renewal fees.
I.~ 40-YEAR RECERTIFICATION FEES
For eve~ application for 40-year recertification under Section 104.9 of the South Florida
Building Code there shall be paid to the Community Development Department, for the
processing of each application, a fee of two hundred and fifty dollars ($250.00). For every
application for subsequent recertification at 10 year intervals thereafter, there shall be paid
to Community Development Department, for the processing of each application, a fee of
two hundred and fifty dollars ($250.00).
Recording Fees: Established by the Clerk of the Court (Recorder).
J.K-, STRUCTURAL GLAZING SYSTEMS - RECERTIFICATION FEES
For the initial application for structural glazing recertification and each subsequent
application under Sections 104.9 and 3515 of the South Florida Building Code there shall
be paid to the Community Development Department, for the processing of each
application, a fee of two hundred and fifty dollars ($250.00).
City of Aventura
Building Permit Fee Schedule
32
K.t~. SOUTH FLORIDA BUILDING CODE - CHAPTER 2 (UNSAFE STRUCTURES)
Case Processing Fee 200.00
Pictures - each 1.50
Inspection Fee - each 75.00
Posting of Notices - each 25.00
Unsafe Structures Board Processing Fee 90.00
Title Search Actual Cost
Court Reporting Transcription Actual Cost
Legal Advertisement Actual Cost
Permit Fees Actual Cost
LienfRecordation/Cancellation of Notices - each 35.00
Bid Processing Fee 75.00
Demolition/Secure Services Actual Cost
Asbestos Sampling & Abatemem Actual Cost
City of Aventura
Building Permit Fee Schedule
33
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
CityC°mmission ..~ /
Eric M. Soroka, ~M~"~
Brenda Kelley, Comm~,~evelopment
March 2, 2000
Proposed Amendment to Sign Code
Wall Signs on Office and Hotel Buildings
Direct~/~
April 4, 2000 Local Planning Agency Agenda Item 4
Ist Reading April 4, 2000 City Commission Meeting Agenda Item
2nd Reading May 2, 2000 City Commission Meeting Agenda Item
Attached please find the Proposed Amendment to the Sign Code Ordinance to
permit wall signs on office and hotel buildings, as discussed at the February 25,
2000 Workshop Meeting.
If you have any questions, please feel free to contact me.
/jc
Attachment
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING CHAPTER 9 - SIGN REGULATIONS,
SECTION 901.7 (b) CONCERNING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; 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 permit wall signs on office and hotel buildings in the City; and
WHEREAS, the City Commission believes it is in the best interest of the public
to regulate the installation of wall signs on office and hotel buildings; and
WHEREAS, the City Commission desires to enhance the unique aesthetic
character of the City by requiring certain standards associated with the installation of
wall signs on office and hotel buildings; 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:~
Chapter 9 - Sign Regulations
Section 901.7
(bi) Wall Signs (permitted only on buildings where a majority of the floor area is
in retail use. In the case of a multi-tenant Center, Wall Signs are permitted on
walls that face an access drive or internal courtyard).
Approvals Necessary
Type
Number (maximum)
City Manager
Reverse or Channel Letter Sign only
1 per ground or second floor establishment which has its
own Frontage and entrance facing a public street. (If the
Parcel Frontage requirement for a Monument Sign
precludes an office building from having a Monument Sign,
one building identification Wall Sign that otherwise meets
the Wall Sign standards is authorized). Corner or Through
Store Locations may have an additional Wall Sign. Such
second Sign shall be limited to 50% of the square footage of
the primary sign.
Sign Area (maximum)
I square foot for each 1 lineal foot of tenant frontage for
each Sign located within 300 feet of a street on which the
building fronts, 1.5 square feet for each 1 lineal foot of
tenant frontage for each Sign located more than 300 fe~ of
a street on which the building fronts.
Illumination
Supplemental previsions: See gas
station provisions contained in this
section.
See definition of Reverse or Channel Letter Sign
(b2) Wall Si.qns (permitted only on office and hotel buildin.qs with siqns located 1
to 7 stories hi,qb)
Approvals Necessary
City ManaRer
~ Underlined provisions constitute proposed additions to existing text; s*a:id~mAhre~jh provisions indicate
proposed deletions from existing text.
2
Ordinance No.
Page 3
Type
Reverse or Channel Letter S gn only
Number (maximum)
Sign Area (maximum)
Locat on
Iflumination
1 wall sign per buildinq
Comer or Through Store Locations may have an additional
Wall Siqn. Such second Sign shall be limited to 50% of the
square footaqe of the pdrnary sign.
I square foot for each 1 lineal foot of building frontage
No wall sign shall be installed on a building elevation that
faces an adiacont residentially zoned property located within
300 feet of the elevation
See definition of Reverse or Channel Letter Sign
(b3) Wall Si.qns (permitted only on office and hotel buildin,qs with signs located 8
~tories hi.qh and above)
Approvals Necessary
Type
Number (maximum)
Sign Area (maximum)
Location
Illumination
City Manager
Reverse or Channel Letter Sign only
2 wall signs per building
1.5 square foot for each 1 lineal foot of building frontage
No wall sign shall be installed on a building elevation that
faces an adiacent residentially zoned property located within
300 feet of the elevation
See definition of Reverse or Channel Letter Siqn
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
Comm/ission, 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
3
Ordinance No.
Page 4
Ordinance may be re-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 Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
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 Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
4
Ordinance No.
Page 5
PASSED AND ADOPTED on first reading this 4th day of April, 2000.
PASSED AND ADOPTED on second reading this 2"d day of May, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Ordinance Establishim
ual
Election of Board Chairman
1st Reading April 4, 2000 City Commission Meeting Agenda Item
2nd Reading May 2, 2000 City Commission Meeting Agenda Item
Attached please find an Ordinance that establishes the requirements of the annual
election of the Board Chairman for both Advisory Boards.
EMS/aca
Attachment
CC0861-00
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY
AMENDING CHAPTER 2 "ADMINISTRATION;"
ARTICLE HI "ADVISORY BOARDS," BY AMENDING
DIVISION 2 "BEAUTIFICATION ADVISORY BOARD,"
BY AMENDING PARAGRAPH (B) OF SECTION 2-124
"RULES OF PROCEDURE; OFFICERS; VOTING," AND
DIVISION $ "RECREATION AND CULTURAL ARTS
ADVISORY BOARD," BY AMENDING PARAGRAPH (B)
OF SECTION 2-154 "RULES OF PROCEDURE;
OFFICERS; VOTING" TO CLARIFY THAT EACH
BOARD SHALL ANNUALLY ELECT A CHAIRMAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:t
Section 1. That Chapter 2 "Administration" of the City Code is hereby amended by
amending Article HI "Advisory Boards" at Division 2, "Beautification Advisory Board," by
mending paragraph (b) of Section 2-124 "Rules of Procedure; Officers; Voting," to read as
follows:
Sec. 2-124. Rules of procedure; officers; voting.
During the first meeting of the Board for each annual term,
the members shall elect one of their number to act as
Chairman and may elect a Vice-Chairman.
Section 2. That Chapter 2, "Administration," of the City Code is hereby amended by
amending Article III "Advisory Boards," at Division 3, "Recreation and Cultural Arts Advisory
Board" by amending paragraph (b) of Section 2-154 "Rules of Procedure; Officers; Voting" to
read as follows:
Ordinance No. 2000-
Page 2
Sec. 2-154. Rules of procedure; officers; voting.
During the first meeting of the Board for each annual term,
the members shall elect one of their number to act as
Chairman and may elect a Vice-Chairman.
Section 3. Severabaity. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordnance" shall be changed to "Section" or other
appropriate word.
Seqtion 5. Effective Date.
on second reading.
The foregoing Ordinance was offered by Commissioner
adoption on first reading. The motion was seconded by Commissioner
being pot to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R~ Beskin
Commissioner Ken Cohen
Commissiioner Harry Holzberg
Commissioner Jeffiey M. Perlow
Commissioner Patrida Rogers-Liben
This Ordinance shall be effective mediately upon adoption
, who moved its
· and upon
1/Additions to existing text are indicated by underlining,
2
Ordinance No. 2000-
Page 3
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
on second reading. The motion was seconded by Commissioner
vote, the vote was as follows:
Commissioner Axthur Berger
Commissioner Jay K Beskin
Commissioner Ken Cohen
Commissiioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Comrrfissioner Patricia Rogers-Ulbert
Mayor Arthur I. Snyder
who moved its adoption
and upon being put to a
PASSED AND ADOPTED on first reading this 4th day of April, 2000.
PASSED AND ADOPTED on second reading this 2~ day of May, 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C~'M, an~¢J~
March 31, 2000
Ordinance Amending Code Enforcement Procedures
Reading April 4, 2000 City Commission Meeting Agenda Item __
Reading May 2, 2000 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
certain sections of the City's Code Enforcement procedures to comply with recent
revisions to state statutes governing Code Enforcement procedures.
BACKGROUND
The attached Ordinance amends the City's Code Enforcement procedures as contained
in the Code of Ordinances to comply with recent changes in the state law.
The following areas have been amended:
Procedures relative to the service of the warning to the violator have been
amended to provide for additional methods of service.
Requires owners of property, which are subject to an enforcement
proceeding, to disclose to prospective new owners that a proceeding is
pending and they (new owner) would be responsible for compliance.
Allows the Special Master to fine violators up to $5,000 for violations that may
be deemed irreparable or irreversible in nature.
Memo to City Commission
Page 2
If the Special Master finds that a violation presents a serious threat to the
public health, safety and welfare or if the violation is irreparable or irreversible
in nature, the Special Master shall notify the Manager, who may order all
repairs in order to bring the property into compliance. The City may assess
the violator with the cost of the repairs.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0862-00
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE (THE
"CODE") BY AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE V, "CODE
ENFORCEMENT," SECTION 2-339 OF THE CODE,
"CONTENTS AND SERVICE OF WARNING," AND
SECTION 2-340 OF TI~E CODE, "CONTENTS AND
SERVICE OF NOTICE," PROVIDING FOR SERVICE
TO COMMERCIAL PREMISES AND PROVIDING A
PROCEDURE FOR NOTICE OF TRANSFER OF
PROPERTY SUBJECT TO CODE ENFORCEMENT
PROCEEDINGS; AMENDING SECTION 2-343 OF THE
CODE, "PENALTIES FOR VIOLATIONS, CONTINUING
VIOLATIONS, AND REPEAT VIOLATIONS,"
PROVIDING FOR A FINE OF UP TO $5,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE
CITY MAY CORRECT OR REPAIR A VIOLATION
THAT PRESENTS A SERIOUS THREAT TO THE
PUBLIC HEALTH, SAFETY, AND WELFARE;
AUTHORIZING THE CITY TO CHARGE THE
VIOLATOR WITH THE COSTS OF REPAIRS;
AMENDING SECTION 2-344 OF THE CODE,
"RECOVERY OF UNPAID PENALTIES; UNPAID
PENALTY TO CONSTITUTE LIEN; FORECLOSURE
OF LIEN," PROVIDING THAT THE CITY MAY
INITIATE LEGAL PROCEEDINGS TO RECOVER A
CODE ENFORCEMENT LIEN IN THE FORM OF A
MONEY JUDGMENT; AMENDING SECTION 2-346 OF
THE CODE, "PROVISIONS OF ARTICLE
SUPPLEMENTAL," PROVIDING THAT THE
PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL
AND CUMULATIVE TO ALL OTllERS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN CODE; PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That Chapter 2, "Administration," Article V, "Code Enforcement," Section
2-339, "Contents and Service of Warning" of the Code of Ordinances, City of Aventura, Florida,
is hereby amended to read as follows:~
Sec. 2-339. Contents and service of warning.
(a) A warning shall include the following:
(1) The date and time of issuance.
(2) The name of the Code Enforcement Officer issuing
the warning.
(3) The name and address of the violator.
(4) The section of the Code that has been violated.
(5) A brief description of the nature of the violation,
including the location, date and time of the violation.
(6) The amount of the civil penalty for which the
violator may be liable.
(7)
corrected.
The time within which the violation must be
(8) A statement that failure to correct the violation by
the time period indicated in the warning will result in the issuance
of a notice.
(b) Service of the warning to the violator shall be effected
e~th by2 u~-a a~: ..... t~ *~ ~':^~" ..... ~" ~":-~ *~ ...... :~
Additions to existing text are indicated by underlining; deletions are indicated by o[~r,,mrc, gg:..
2
(1) Certified mail, return receipt requested, provided
that if such warning is sent under this paragraph to the owner of
the property in question at the address listed in the tax collector's
office for tax notices, and at any other address provided to the City
by such owner and is returned as unclaimed or refused, the
warning may be served by posting as described in subparagraphs
(c)(2)a. and b. and by first class mail directed to the addresses
furnished to the City_ with a properly executed proof of mailing or
affidavit confirming the first class mailing;
(2) Hand delivery by the code enforcement officer,
police offier or other person designated by the City_ by:
(A) Leaving, the warning at the Violator's usual place of
residence with any person residing therein who is above 15 years
of age and informing such person of the contents of the warning; or
(B) In the ease of commercial premises, leaving the
warning with the manager or other person in charge.
(e) In addition to serving the warning as set forth above, at the
option and discretion of the City Manager, the warning may also
be served by publication or posting as follows:
(1)a. The warning shall be published once during each
week for four consecutive weeks (four publications being
sufficient) in a newspaper of general circulation in Miami-Dade
Coumy, as specified in Chapter 50, Florida Statutes.
b. Proof of publication shall be made as provided in
Sections, 50.041 and 50.051, Florida Statutes.
(2)a. In .lieu of publication as described in paragraph
(e)(1), such warning may be posted at least 10 days prior to the
expiration of any deadline contained in the warning in at least two
locations, one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be at City
Hall.
b. Proof of posting shall be by affidavit of the person
posting the warning, which affidavit shall include a copy of the
warning posted and the date and places of its posting.
(d) Evidence that an attempt has been made to hand deliver or
mail the warning as provided in subsection (b), together with proof
of publication or posting as provided in subsection (c), shall be
sufficient to show that the requirements of this Section have been
met, without regard to whether or not the Violator actually
received such warning.
(e) If the owner of propert~ which is subject to an enforcement
proceeding before the Special Master or court transfers ownership
of such property between the time the initial pleading was served
and the time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of
the proceeding to the prospective transferee..
(2) Deliver tO the prospective transferee a copy of the
pleadings, notices, and other materials relating to the code
enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee
that the new owner will be responsible for compliance with the
applicable code and with orders issued in the code enforcement
proceeding.
(4) File a notice with the code enforcement official of
the transfer of the property, with the identity and address of the
new owner and copies of the disclosures made to the new owner,
within 5 days after the date of the transfer.
A failure to make the disclosures described in para~aphs
(1), (2), and (3) before the transfer creates a rebuttable presumption
of fraud. If the property is transferred before the hearing, the
proceeding shall not be dismissed, but the new owner shall be
provided a reasonable period of time to correct the violation before
the hearing is held.
Section 2. That Chapter 2, "Administration," Article V, "Code Enforcement,"
Section 2-340, "Contents and Service of Notice" of the Code of Ordinances, City of Aventura,
Florida, is hereby amended to read as follows:
Sec. 2-340. Contents and,service of notice.
(a) A notice shall include:
(1) The date and time of issuance.
(2) The name of the Code Enforcement Officer issuing
the notice.
(3) The name and address of the violator.
(4) The section of the Code that has been violated.
4
(5) A brief description of the nature of the violation,
including the location, date and time of the violation.
(6) The amount of the civil penalty for which the
violator may be liable.
(7) The instructions and date for paying the civil
penalty or for filing a request for an administrative hearing before
a Special Master to appeal the civil penalty.
(8)
corrected.
The time within which the violation must be
(9) A statement that each day of continued violation
after the time period for correction has run shall be deemed a
continuing violation subject to an additional penalty in the same
amount without the need for additional notices.
(10) A statement that the filing of a request for an
administrative hearing will toll the accrual of continuing violation
penalties.
(11) A statement that failure to request an administrative
hearing within 20 days after se~ice of the notice shall constitute a
waiver of the violator's right to an administrative hearing before
the Special Master, and that such waiver shall constitute an
admission of the violation, and that, in such case, judgment may be
entered against the violator for the amount of the civil penalty.
(12) A statement that the violator may be liable for the
reasonable administrative hearing costs should he be found guilty.
(b) Sc~wice of the Notice to the Violator shall be effected either
(1) Certified mall, return receipt requested, provided
that if such notice is sent under this paragraph to the owner of the
property in question at the address listed in the tax collector's
office for tax notices, and at any other address provided to the City
by such owner and is returned as unclaimed or refused, notice may
be provided by posting as described in subpara~aphs (c)(2)a. and
b. and by first class mail directed to the addresses furnished to the
City with a properly, executed proof of mailing or affidavit
confirming the first class mailing;
(2) Hand delivery by the code enf0rcemem officer,
police officer or other person designated by the City by:
(A) Leaving the notice at the Violator's usual place of
residence with any person residing therein who is above 15 years
of age and informing such person of the contents of the notice; or
(B) In the case of commercial premises, leaving the
notice with the manager or other person in charge.
(c) In addition to providing service of the Notice as set forth
above, at the option and discretion of the City Manager, the Notice
may also be served by publication or posting as follows:
(1)a. The Notice shall be published once durin~ each week
for four consecutive weeks (four publications being sufficient) in a
newspaper of general circulation in Miami-Dade County_, as
specified in Chapter 50, Florida Statutes.
b. Proof of publication shall be made as provided in
Sections, 50.041 and 50.05 t, Florida Statutes.
(2)a. In lieu of publication as described in paragraph
(c)(1), such notice may be posted at.least 10 days prior to the
hearing, or prior to the expiration of any deadline contained in the
Notice, in at least two locations, one of which shall be the property
upon which the violation is alleged to exist and the other of which
shall be at City Hall.
b. Proof of posting shall be by affidavit of the person
posting the notice, which affidavit shall include a copy of the
notice posted and,the date and places of its posting.
(3) Notice by publication or posting may mn
concurrently with, or may follow, an attempt or attempts to provide
notice by hand delivery or by mail as required under subsection
Cb).
(d) Evidence that an attempt has been made to hand deliver or
mail notice as provided in subsection (b), together with proof of
publication or posting aS provided in subsection (c), shall be
6
sufficient to show that the notice requirements of this Section have
been met, without regard to whether or not the alleged Violator
actually received such notice.
(e) If the owner of property which is subject to an enforcemem
proceeding before the Special Master or court transfers ownership
of such property between the time the initial pleading was served
and the time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of
the proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the
pleadin,,s, notices, and other materials relating to the code
enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee
that the new owner will be responsible for compliance with the
applicable code and with orders issued in the code enforcement
proceeding.
(4) File a notice with the code enforcement official of
the transfer of the property, with the identity and address of the
new owner and copies of the disclosures made to the new owner,
within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs
(1). (2). and (3) before the transfer creates a rebuttable presumption
of fraud. If the property_ is transferred before the heating, the
proceeding shall not be dismissed, but the new owner shall be
provided a reasonable period of time to correct the violation before
the hearing is held.
Section 3. That Chapter 2 "Administration," Article V, "Code Enforcement," Section
2-343, "Penalties for Violations, continuing violations and repeat violations" of the Code of
Ordinances, City of Aventura, Florida, is hereby amended to read as follows:
Sec. 2-343. Penalties for violations, continuing violations
and repeat violations.
(a) Penalties for violations of the provisions to be enforced
through this article shall be in the amounts prescribed in the
schedule of civil penalties contained in section 2-348.
7
(b) For each day of a continuing violation, an additional
penalty in the same amount as that prescribed for in the original
violation shall be added.
(c) For the first repeat violation, the amount of the civil penalty
shall be double the amount of the penalty prescribed for the
original violation by section 2-348. The amount of the civil
penalty due for each subsequent repeat violation shall be double
the amount of penalty due for the first day of the immediately
preceding violation; provided that the maximum penalty payable
for the first day of any one repeat violation shall be $500.00.
(d) A repeat violation which remains uncorrected beyond the
time prescribed for correction in the notice shall be treated as a
continuing violation, and the additional penalty for each day of
continued violation shall be double the amount due for the first day
of the repeat violation.
(e) Continuing violation penalties shall accrue from the date
of correction given in the notice until the correction is made or
until a request for administrative hearing is filed, whichever comes
first. If the named violator requests an administrative hearing and
loses his appeal, the Special Master shall determine a reasonable
time period within which correction of the violation must be made,
based on the considerations set forth in section 2-338(a). If
correction is not made within the period set by the Special Master,
continuing violation penalties shall begin to accrue again after the
time for correction has run.
(f) Civil penalties assessed pursuant to this article are due and
payable to the City on the last day of the period allowed for the
filing of an appeal from the Special Master's decision, or, if a
proper appeal is made, when the appeal has been finally decided
adversely to the named violator.
(g) If the Special Master finds a violation to be irreparable or
irreversible in nature, the Special Master may order the Violator to
pay a fine not to exceed Five Thousand Dollars ($5,000.00) per
violation.
(h) If the Special Master finds that a violation presents a
serious threat to the public health, safety and welfare, or if the
violation is irreparable or irreversible in nature, the Special Master
shall notify the Manager. who may order all repairs in order tO
bring the property into compliance. The City may assess the
Violator with the cost of the repairs.
(i) Civil penalties assessed pursuant tO this Chapter are due
and payable to the City on the last day of the period allowed for the
filing of an appeal from the Special Master's decision, or, if a
proper appeal is made, when the appeal has been finally decided
adversely to the named Violator.
Section 4. That Chapter 2 "Administration," Article V, "Code Enforcement," Section
2-344, '~Recove~y of unpaid penalties; unpaid penalty to constitute lien; foreclosure of lien" of
the Code of Ordinances, City of Aventura, Florida, is hereby amended to read as follows:
Section 2-344. Recovery of unpaid penalties; unpaid penalty to
constitute lien; foreclosure of lien.
(a) The City may institute proceedings in a court of competent
jurisdiction to compel payment of civil penalties and/or
assessments for repairs.
A certified copy of an order imposing a civil penalty may be
recorded in the public records and thereafter shall constitute a lien
against the property on which the violation exists and upon any
other real or personal property owned by the violator. Upon
petition to the circuit court, such order may be enfomed in the
same manner as a court judgment by the sheriffs of this State,
including levy against the personal property, but such order shall
not be deemed to be a court judgment except for enforcement
purposes. A civil penalty imposed pursuant to this article shall
continue to accrue until the violator complies or until judgment is
rendered in a suit to foreclose on a lien filed pursuant to this
article, whichever occurs first. After three months from the date of
filing of any such lien which remains unpaid, the City may
foreclose or otherwise execute on the lien. Alternatively, the City
may initiate proceedings to recover a money judgment for the
amount of the lien plus accrued interest. Upon payment of the
civil penalty or notice of assessment by the Violator or the
successor(s), assi~en(s) or heir(s) of the. Violator, the City Clerk is
authorized tO execute and record in the Public Records of Miami-
Dade County the appropriate Release of Lien document.
(b) No lien provided under this article shall continue for a
period longer than 20 years after the certified copy of an order
imposing a fine has been recorded, unless within that time an
action to foreclose on a lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party
9
may recover interest and all costs, including a reasonable attorney's
fee, incurred in the foreclosure. The continuation of the lien
effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendens is
recorded.
Section 5. That Chapter 2, "Administration," Article V, "Code Enforcement," Section
2-346, "Provisions of Article Supplemental," of the Code of Ordinances, City of Aventura, Florida,
is hereby amended to read as follows:
Section 2-2t46. Provisions of article supplemental.
Nothing contained in this article shall prohibit the City from
enforcing its Code by any other means, including., but not limited to a
summons, an arrest, a notice to appear, a civil action for injunctive
relief, a stop work order or demolition. The enforcement procedures
outlined in this article are cumulative to all others and shall not be
deemed to be prerequisites to filing suit for the enforcement of any
section of this Code.
Section 6. Severabilit~. 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 % 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 be made a part of the Code
of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to
accomphsh such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
10
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner JerSey M Perlow
Commissioner Patficia Rogers-Libert
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patficia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 4m day of April, 2000.
PASSED AND ADOPTED on second reading this 2~a day of May, 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
ll
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission
Eric M. Soroka, Ci~'-~g~
~r~c~a2:~:~Y0'0C ° r~~e ' ° P me n '
Direct~¢~
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 RMF3, RMF3A, RMF4, B1, TCl, 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
2nd Reading April 4, 2000 City Commission Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve amendments, as revised from the
City Commission meeting of March 7, 2000, 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 RMF3, RMF3A, RMF4, B1,TCl, 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 12 new subsections to the City of Aventura
Land Development Regulations.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
CityC°mmissi°n .~/
Eric M. Soroka, C~'~
Brenda Kelley, C~'mmu~velopment
February 16, 2000
Direct(~
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 L~
Ist Reading March 7, 2000 City Commission Agenda Item ~,~
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
Aboveqr0und 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. 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 indicating the location of
the A.ST relative to property lines, the pdmary 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.
2) RS2, Residential Single Family District
703.3.4
Above.qround 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. ASTs must .conform to the following
requiremel~ts:
(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 RS2 zoning district.
Installation of any AST sha~l 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
qther structures within 300 feet as. well. as a landscape, plan prepared by a
Florida license.d architect or landscape architect and other suDDortin~
dOcumentation as deemed necessary by the City Manager or designee.
2
3) RMF3, Multi-Family Medium Density Residential District
703.4.4 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 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.
(d) Be located in a manner consistent with the site development standards of
the RMF3 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 seryed 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
do.cumentation as deemed necessary by the City Manager or designee.
4) RMF3A, Multi-Family Medium Density Residential District
703.5.4 Aboveground Stora.qe Tanks. Aboveground Storage Tanks (AST) are permitted
as a conditional use. only as an accessory .use and only for the purpose o.f
storing, fuel for emergency generators.' ASTs must conform to the following
requirements:
(a) Be of 550 .qallons capacity or less.
(b) Be install,ed 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
10ckin.q 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 RMF3A 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 pdmary structure served by the AST, any
other structures within 300 feet as well as a landscape plan .prepared by a
Flodda licensed, architect or landScape architect and other sul3~)ortin.q
documentation as deemed necessary by the City Manager or designee.
3
5) RMF4, Multi-Family Medium Density Residential District
703.6.4
Aboveground Storage Tanks. Abovegr0und Storage Tanks (AST) ara permitted
as a conditional use only as an accessory use and only for the purpose of
storing fuel for emergency generators. ASTs must conform to the following
requiraments:
(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 RMF4 zoning district~
Installation of.any AST shal! require a building permit from the City~ Application
for buildingR 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.
6) B1, Neighborhood Business District
704.2.6
Aboveground StoragRe Tanks. AbovegRround 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. ASTs must conform to the following
requirements:
(a) Be of 550 gRallons 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 concrate wall with a self-closing and
locking metal door or grate. Such wall shall be. landscaped in accordance
with the City's Landscape Code.
(d) Be Io .cared in a manner consistent with the site development standards of
the B1 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 I.andscape architect and other suD~ortin~
documentation as deemed necessary by the City Manager or designee.
4
7) B2, Community Business District
704.3.6 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 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 ~creened 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
(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 B2 zonin,q district.
Installation of any AST shall require a building permit from the City. Application
for building permit shall be accompanied .by a site plen indicating the location of
the AST relative to property lines, the primary structure served by, the AS'I', 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 Aboveground Storage Tanks. Aboveground Storage Tanks (AST) are permitted
as an accessory use only for the purpose of stori.ng 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 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 backin,q 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 building 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 Flodda
licensed architect or landscape architect and othe~ supporting documentation
shall be provided if required by the City.
9) OP, Office Park District
704.5.5 Above.qroundStora,qe Tanks. Above,qround Stora,qe 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 ,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 wail with a setf-closin.q and Iockin,q 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 backin,q 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 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 supportin,q documentation
shall be provided if required by the City.
10) MO, Medical Office District
704.6.6 Above,qround Stora,qe Tanks. Above,qround StoraRe Tanks (AST) are permitted
as an accessorY ,use only for the purpose of storin,q fuel for emerRency
.qerlerators. Such 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 located within a walled service court area or be f~lly screened by a
masOnrY or concrete wall with a self-closinR 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 s,hall be protected from turnin,q and, backin,q 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 (AS'r) are permitted
as a conditional use only as an accessory use and only for the purpose of
storing fuel for emergency generators. ASTs must conform to the following
requirements:
(a) Be of 550 ,galions.capacity or less.
(b) Be installed and operate, d under a valid permit from the Miami-Dade
County Department of Environmental Resources Management.
(c) Be fully screened by a mas0pry or, concrete wall with a self-closing and
locking metal door or g,ate. 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.
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 suD~ortincl
documentation as deemed necessary by the City Manager or designee.
12) CF, Community Facilities District
707.1.5
Aboveground Storage Tanks. Aboveground Storage Tanks (AS'r) are permitted
as. a conditional use only as an accessory use and only for the purpose of
storin,q fuel for, emer,qencY 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 indicating the location of
the AST relative to property lines, the primary structure served by the ^ST, 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.
13) ROS, Recreation/Open Space District
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 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.
(d) Be located in a manner consistent with the site development standards of
the ROS 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 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 d.esignee.
14) U, Utilities District
709.1.4 Aboveground 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 55,0 gallons capacity or less.
(b) Be installed and oPerated under a valid permit from the Miami-Dade County
Department of..Environmental Resources Manage[nent.
(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
8
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 U 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.
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)1a, 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
servica 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 proposed 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
result 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
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 drinking water supply for Dade County. The Storage Tank SeCtion mission is to
~nazainta. in the q.uali~ of_.Dade C,ounty's groundwater resources by preventing leaks from storage tanks which hold
araous materials./his goa is pursued through a comprehensive program of inspection, permitting public
educat on, and enforcement of state and local environmental regulations. - '
Rules and Requirements concerning Storage Tanks
Questions concerning DERM's inspections
Other Agencies 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-Dude County Environmental Protection Ordinance.
What are the requirements of th~ ~torage tank
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 Storage 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 material stored, or type of facility. ,If you.have specific questions about storage tank rules and
requirements, contact a representative from DERM s Sto/'age Tank Section. ' ·
What rules govern contamination from leaking storage tank~?
Chapter 62-770 is the Petroleum Contamination Site Cleanup Criteria Rule. If you need nformation regarding the
cleanup of contamination from leaking storage tanks, use this link to the Pollut on Remediation Section, or contact
them by phone at (305)372-6700. .
What requirements must be met in Order to install, remove 0i' m0dify'a storage tank ?
You must submit plans to DER~ pay the appropriate review fee, and receive approvalprlor to installing, removing,
modifying or repairing any underground or aboveground storage facility. The required plans must be rocess
~r.o..ug.h .the. DE. RM Plan ReX ~W S~fJon located on .the 10th fie°r of me ~A~,,.. r,~.,...,-, ....... p.. ~e.d.
_;._,_.__ ,,~, ..... ,,.,~ .m~. ~u%u..?~.p py me waste c;leanup Secttor~ .l~cated in the DERM building at 33 S.W. 2nd
/~wnue. [r~emoval plans can'ee taken directly to the DERM building.) If you have.sp,e, cific questions about the plan
revieW process for storage tanks; conthct one of the plah review engineers in DERM s Pollution Remediafion
Section at (305)372-6700.
~_Back to Top
Questions ' EXHIBIT #1
concerning DERM's ~;tora :
01-LUA-00
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 periodic reconciliation of these records
· records of monitoring system checks
· copy of the documentation of financial responsibility for third par~y 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 lance. The forms will specify the noncompliance
items and give a timeframe in wh ch 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 Dada County. If you would
like to review any of these files, you must make an appo ntment with 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 information on specific sites by downloading a list of
storage tank facilities in Miami-Dada County. ' '
~_Back to Top
Other Agencies and Links
rhe Flodda Department of Environmental Protection (DEP) regulates storage tank facilities throughout Flodda.
3ERM implements the state storage tank regulations under an agreement with the DEP. The DEP Storage Tank
~egulation Homepage is an excellent source for current tank information copies of the state tank regulations, and
~opies of commonly used tank forms (registration, d scharge reporting, etc.);
~isit the DEP Storage Tank Homepage at: www. dep.state.fl.us/dwm/pro.qrams/tanks/
OEP Tallahassee Headquarters DEP Local District Office
Storage Tank Regulation Southeast District Office
;~600 Blair Stone Road P.O. Box 15425
rallahassee, Florida 32399-2400 West Palm Beach, Flodda 33416
Shone: (904) 488-3936 Phone: (561)681-6600
Fax: (561)681-6770
'he federal Environmental Protection Agency also regulates storage tanks. Visit the EPA Office of Underground
;torage Tanks (OUST) at: www. epa..qov/swerustl
11/23/99 1:50 PM
PROGRAM OVERVIEW
The Storage Tank Regulation Section is part of the Bureau of
Petroleum Storage Systems in the Florida Department of
Environmental Protection's (FDEP) Division of Waste
Management.
In 1983, Florida was one of the first states in the anion to pass
legislation, adopt rules, and develop a program for the
regulation ofundergroand and aboveground storage tank
systems. This was mainly in response to a 1982 discharge from
an underground storage tank that leaked over 10,000 gallons of
gasoline next to the Marion Coanty town of Belleview% water
supply wells. Since that time, over 27,000 facilities have
reported discharges of petroleum products from storage tank
systems. Because Florida relies on groundwater for
approximately 92 percent of its drinking water needs, the
Deparanent 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 Florida's program.
FDEP's undergroand and abovegroand 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 coanties 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.
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
CURRENT HIGHLiGH
Another Dea~line?...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
2/24/00 9:08
ORDINANCE NO. 2000~
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?
(RMF3, Multi-Family Medium Density Residential District) to add:
703.4.4
Above,qround Storage Tanks. Above,qround 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. 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 RMF3 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.
~ Underlined provisions constitute proposed additions to existing text; st~ provisions indicate
proposed deletions from existing text.
2
Ordinance No.
Page 3
(RMF3A, Multi-Family Medium Density Residential District) to add:
703.5.4
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 emer,qency generators. 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 setf-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 RMF3A 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 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 supportin,q
documentation as deemed necessary by the City Mana.qer or desi,qnee.
(RMF4, Multi-Family High Density Residential District) to add:
703.6.4
Above,qround Stora,qe Tanks. Abovepround Stora,qe Tanks (AST) are
permitted as a conditional use on,ly 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 zoning district,
Installation of any AST shall require a buildin,q permit from the City. Application
for buildin,cl permit shall be accompanied by a site plan indicating the location
3
Ordinance No.
Page 4
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.
(B1, 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 Storage Tanks. Above.qround Storage Tanks (AST) only
as an accessory use and only for the purpose, of storin,q fuel for
emergency generators, 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
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 B1 zoning district.
(e) 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.
4
Ordinance No.
Page 5
(B2, Community Business District) to add:
704.3,6 Aboveground Storage Tanks.
permitted as an accessory use
emeraencv aenerators. Such
requirements:
Aboveground Storage Tanks (AST) are
only for the purpose of storing fuel for
ASTs must conform to the following
(a) Be of 550 gallons capacity or less,
(b) Be instelled 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 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 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.
(B3, Heavy Business District) to add:
704.4.7
Above,qround Storage Tanks. ,Above.qround, ,Storage Tanks (AST) are
permitted, as an accessory use 0nly 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 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
5
Ordinance No.
Page 6
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 buildingR 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.
(OP, Office Park District) to add:
704.5.5
Aboveground StoreRe Tanks. Above.qround 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 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 grate.
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 backin,q trucks with
bollards.
(d) Be located in a manner consistent with the site development standards of
the Op zoni.ng district.
Installation of any AST shall require a building permit from the City. Application
for buildin~t 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.
6
Ordinance No.
Page 7
(MO, Medical Office District) to add:
704.6.6
Above,qround Storage Tanks. Above,qround
permitted as an accessory use only for the
emer,qency ,qenerators. Such ASTs must
requi,rements:
Storage Tanks (AST) are
purpose of storing fuel for
conform to the followin,q
(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 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 ,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 turnin,q and backin,q trucks with
bollards.
(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.
(TCl, 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, Above,qround Storage Tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emer,qency generators. ASTs must conform to the following
requirements:
(a) Be of 550 gallons capacity or less.
7
Ordinance No.
Page 8
(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
(e)
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
supporting documentation as deemed necessary by the City
Manager or designee.
(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 of'rice.
· ALF.
· Above,qround Storage Tanks. Abovegrcund Storage Tanks (AST) only
as an accessory use and only for the purpose of storing fuel for
emergency Reneretors. 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,
8
Ordinance No.
Page 9
(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 storinR fuel for emergency 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 pf Environmental Resources Management.
(c) Be fully screened by a masonry or concrete wall with a self-closing and
locking metal door or gate. Such well 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 welt 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 designee.
(U, Utilities District) to add:
709.1.4 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 following
requirements:
9
Ordinance No.
Page 10
(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 U 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 ASTi
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. Incl,usion 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
10
Ordinance No.
Page 11
Ordinance may be re-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 Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Cohen, 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
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
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
11
Ordinance No.
Page 12
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
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
12
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, City Manager
February 24, 2000
Ordinance Establishing Prclcedures for Surplus Property
Ist Reading March 7, 2000 City Commission Meeting Agenda Item ;~5~
2"d 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.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Regers-Libert, who moved
its adoption on first reading. The motion was seconded by Vice Mayor Berger, 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
yes
yes
yes
yes
absent from the room
yes
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. 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.
Ordinance No. 2000-__
Page 3
PASSED AND ADOPTED on second reading this 4th day of Apdl, 2000,
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-I'ORNEY
CITY OF AVENTURA 6 s
:[~-~':~,~! ADMINISTRATIVE POLICY DIRECTIVES Chapter # Sub Page
AND PROCEDURES MANUAL
Date March. 1,
Issued: 2000
CHAPTER:FINANCE'BUDGET&PURCHASING APPROVED: ~'~-' ~~r
City
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
1. 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:
FROM:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C~r
March 2, 2000 'NJ
Emergency Management Ordinance
Ist Reading March 7, 2000 City Commission Meeting Agenda Item
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
CC0849-00
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, reason, condition or circumstance.
(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 Manager" 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 center 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) ^ 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
and promulgated by virtue of Florida Statutes. The City Manager
Ordinance No. 2000-__
Page 7
shall notify the local media and residents as soon as possible and
in the manner most practicable and expeditious.
(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-bNO
(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)
(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 2-407. 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
(2)
(3)
exists 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
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.
(B) 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, unless terminated by the City Commission.
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. Severability. 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 Rogers-Libert, who moved
its adoption on first reading. The motion was seconded by Commissioner
Holzberg, 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
yes
yes
yes
yes
yes
yes
yes
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Ordinance No. 2000-__
Page 14
Commissioner Harry Holzberg
Commissioner Jeffrey M Pedow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7th day of March, 2000.
PASSED AND ADOPTED on second reading this 4th day of April, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA MSOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ell Nuevo Herald
www. heraJd.com
www. elherald.com
Published Daily
MIAMI, FLORIDA
STATE OF FLORH)A
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 ~_~.~ ~ / /~ A~.~ ~% ?,'~'~
was published in said newspaper in the issues of:
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
;. ooo
Monica Kelly ~ *'"'~'~/;...~,,e%.,/ .........
I1~.~ EXPIRES:^p,~2,~ II
16855 N.E. 2nd Avenue, North Miami Beach, FL 33162
CITY OF AVENTURA
NOTICE OF AMENDMENT
TO THE CITY'S LAND
DEVELOPMENT REGULATIONS
Public notice is hereby given that the City of Aventura
Commission will meet in a public hearing to consider adop-
tion of the following Ordinance on second 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.
The above described Public Hearing will be held immedi-
ately following the City of Aventura Local Planning Agency
Meeting commencing at 6:00 ,pm on Tuesday, April 4,
2000, at Biscayne Medical Arts Building, 21110
Biscayne Boulevard, Suite 101, 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 pro-
posed Ordinance. Any person wishing to address the City
Commission on any 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 with respect to any matter considered at
a meeting 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 made, which
record includes the testimony and evidence upon which
the appeal is to be based.
Teresa M. Soroka, CMC, City Clerk
CITY OF AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT
TO THE CITY'S LAND
DEVELOPMENT REGULATIONS
Public Notice is hereby given that the City Commission,
sitting as the City of Aventura Local Planning Agency, will
meet in a public hearing on Tuesday, April 4, 2000 at 6:00
p.m. to consider adoption 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 CHAPTER 9 SIGN REGULATIONS,
SECTION 901.7(b) CONCERNING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; PROVIDING FOR
SEVERABILITY, iNCLUSION IN THE CODE; AND
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 hearing adoption of
the above-described Ordinance.
The above described Public Hearings will be held
commencing at 6:00 p.m. on Tuesday, April 4, 2000, at
Biscayne Medical Arts Building, 21110 Biscayne
Boulevard, Suite 101, Aventura, Florida 33180. The
~ropo~ied Oi'dfrfarfC~'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 wishing to address the City
Commission on any item at these Public Hearings is asked to
register with the City Clerk prior to that item being heard.
h~ 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 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.
Teresa M. Soroka, CMC, City Clerk
ei Nuevo Herald
www. he~m
www, elher~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 ~, ~/ o .[ /~./.~. ~'~i,~.,
was published in said newspaper in the issues of: E/r2 ~//0 0
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 ~
A.D. 2000
Monica Kelly
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, wil meet in a public hearing on
Tuesday, March 7, 2000 at 6:00 pm to consider adop-
tion of the ~ollowing Ordinance:
N ORDINANCE OF THE CITY OF AVENTURA, |
A
FLORIDA, AMENDING THE CITYS LANDI!
DEVELOPMENT REGULAT ONS, ENACTED BY
ORDINANCE 99-09, BY AMENDING ZONINGH
DISTRICT REGULATIONS CONCERNING ABOVE~|
UND FUEL STORAGE TANKS SERVING~i
GRO R
EMERGENCY GENERATORS; PROVtD~N.G__FO...||~,
INCLUSION IN THE CODE; PROVIDING FOH AN//~
Immed ately following the Local Planning Agency I
meeting, the C ty Commiss on of the City of Aventura, I ~
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, ~ Ih
at Biscayne Medica Arts Bui ding, 21110 Biscayne
Boulevard, Suite 101 Aventura, Florida, 33180. The I
proposed Ordinance may be inspected by the
at the Office of the City Cerk, 2999 NE 191 Street,
Suite 500, Aventura Florida. Interested parties may
appear at the Public Hearing and be heard with I
respect to the proPOsed Ordinance. Any person wish-
ng to address the City Commission on ay item at
hese Public Headngs is asked to register with the
3ity 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 accommodat OhS to participate in this
nroceeding because of that disability should contact
~-he office of the City Clerk, (305) 466-8901, not later
than two business days pdor to such proceedings.
If a person dec des to appeal any decision made by
the City Commission, as Loca 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-
oose may need to ensure that a verbatim record of
the proceedings s made wh ch record includes the
testimony and evidence upon wh ch the appea is to
be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
legal Holidays
Miami, Miami~Dade County, Florida.
STATE OF FlORIDA
COUNTY OF MIAMI.OAOE:
Before the undersigned authority personally appeared
Oclelma V. Ferbeyre, who on oath says thai she is the
Supervisor, legal Notices of the Miami Daily Business
Review ffkla 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 NOTICE OF PROPOSED ORDINANCES
APRIL 4, 2000
in the.......... ..~~~~~.......... ,_.. _,...... Court,
~cf~li~ ~n s~1Jn{f~~paper in the Issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Mlami-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said Miami-Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office in Miami in said Miami-Dade
County, Florida, for a period Of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neMher paid nor promised
any person, firm or corpor discount, rebate, com-
mission or r nd lor urpose securing this advertise-
ment for lic i e said n spaper.
~~\\\f' \'_
ql.~
~~ _::-~~7?~.? -
"\ ~
~ ofExee'"
CITY OF AVENTURA
PUBUC NOTICE OF PROPOSED ORDINANCES
NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of April,
2000, at a meeting of the City Commission of the-City of Aventura, to be
held at 6:00 p.m. in theCommission Meeting Room at the Biscayne Medi-
cal Arts Building, 21110 Biscayne Boulevard, Suite 1'01, Aventura, Flori-
da, the City Commission will consider the adoption 'of the following Ordi-
nances on second reading, entitled: ".
AN ORDINANCe OF THE CITY OF AVEfffURA, FLORIOA,
AMENDING THE CITY'S LAND DEVELOPMENT REGULA-
TIONS, ENACTED BY ORDINANCE 99-09, BY AMENDING
ZONING DISTRICT REGULATIONS CONCERNING ABOVE
GROUND FUe. 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 CREAT.
ING SECTION 2-258 "SURPLUS PROPERTY" OF ARTICLE IV
"FINANCE" OF CHAPTER :1 ,"ADMINISTRATION;" ESTAB.
L1SHING PROCEDURES FOR PROPERTY DECLARED SUR.
PLUS TO, THE CITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFEC.
TIVE DATE,
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
AVENTURA, CHAPTER 2, ENTITLEO ,'ADMINISTRATION" BY
CREATING ARTICLE VIII SECTIONS 2-400 . 2-412 ENTITLED
'EMERGENCY MANAGEMENT;" PROVIDING A FRAME.
WORK FOR THE DEClARATION OF EMERGENCIES, PRO.
VIDING FOR DEFINITIONS, AND AN EMERGENCY MANAGE.
MENT STRUCTURE; PROVIDING FOR A DEClARATION OF
A STATE OF EMERGENCY, TERMINATION OF A STATE OF
EMERGENCY, POLICE EMERGENCIES, FIRE AND HAZARD.
OUS 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 EFFEC.
TIVE DATE.
" The proposed Ordinances may be inspected by the public allhe Office
of the City Clerk, 2999 N-.E. 191 II Street, Suite 500, Aventura, Florida. In-
terested parties may appear al the Public Hearing and be heard with re-
spect to the proposed Ordinances. Any person wishing to address the
'" City Commission on -any item at this Public Hearing is asked to register
with the City Clerk prior to that item being heard.
In accordance wilh the Americans with Disabilities Act of 1"990, all per- I
sons who are disabled and who need special accommodalions 10 partici-
pate in this proceeding because of that disability should contact the Office i
of Ihe City Clerk, 305-466-8901, not later than two business deys prior to i
such p~ings.
Ila person decides 10 appeal any decision made by the City Commis-
"sion with respect to any matterconaidered at a-meeting or hearing, that
person will need a record of the ptoceedings and, for such purpose, may
ntHKt to ensure that a verbatim record of the proceedings is made, which
,record"includes the testimony" and evidence upon which the appeal i~ 10
be based,
Dated March 10, 2000,
3/10 .
Teresa M. Soroka. CMCCity Clerk
oo-4-o31064130568M