07-11-2000 CC Meeting AgendaCity Commission City Manager
Arthur I. Snyder, Mayor Eric M. Soroka
Arthur Berger City Clerk
Jay R. Beskin Teresa M. Soroka, CMC/AAE
Ken Cohen
Harry Holzberg City Attorney
Jeffrey M. Perlow Weiss Serota Helfman
Patricia Rogers-Libert Pastoriza & Guedes
AGENDA
July II, 2000 - 6 PM
Biscayne Medical Atls Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDERLROLL CALL
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 cross-examination. If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its fmal deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA ABANDONING A 307-FOOT
SEGMENT OF NE 27 COURT, LOCATED NORTH OF NE 211
STREET BETWEEN BLOCK I AND BLOCK J OF THE
HALLANDALE PARK NO. 6 SUBDIVISION; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
MOTION TO AUTHORIZE EXTENSION OF APPROVALS
GRANTED TO APPLICANT, KENNETH MARLIN, FOR
PROPERTY LOCATED BETWEEN NE 206 STREET AND NE
207 STREET ON THE EAST SIDE OF EAST DIXIE HIGHWAY
IN ACCORDANCE WITH RESOLUTION NO. 99-39 ADOPTED
ON AUGUST 3, 1999 FOR AN ADDITIONAL SIX (6) MONTH
PERIOD FROM AUGUST 3, 2000 TO FEBRUARY 3, 2001.
REPORT ON STATUS OF CHABAD HOUSE OF NORTH DADE
PURSUANT TO MOTION PASSED AT JUNE 6, 2000
COMMISSION MEETING.
4. APPROVAL OF MINUTES:
Commission Meeting
Visioning Session
Commission Workshop
June 6, 2000
Jtme 14, 2000
June 27, 2000
AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: Mayor Frank Wolland, City of North Miami
Re: Regional Parks
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 AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 00-5-31-3, BISCAYNE 5/6 AND
FEC LANDSCAPE BUFFER, TO VILA & SON LANDSCAPING
CORPORATION AT THE BID PRICE OF $1,179,980.00;
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 to Vila and Son for landscaping improvements on Biscayne
Boulevard medians and FEC easement to West FDOT right-of-way line
from Miami Gardens Drive to NE 199TM Street)
MOTION TO APPROVE AND PROCEED WITH PHASE II OF
CULTURAL CENTER FEASIBILITY STUDY
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING A REPLAT OF
TRACT TT, SE ¼ OF SECTION 35, TOWNSHIP 51 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DATE.
2
(Approves re-plat for subject property)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING A FINAL PLAT OF
BElT EDMOND J. SAFRA SYNAGOGUE LYING IN THE NW ¼
OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY
OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
(Approves final plat for subject property)
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.
(Declares two vehicles acquired by the Police Departmem through
forfeiture process as surplus)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, REQUESTING THE MIAMI-DADE
COUNTY SCHOOL BOARD TO CONSTRUCT AN
ELEMENTARY SCHOOL WITHIN THE CORPORATE LIMITS
OF THE CITY TO SERVE THE GROWING SCHOOL-AGE
POPULATION AND ALLEVIATE OVERCROWDING IN AREA
ELEMENTARY SCHOOLS; AUTHORIZING CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
(Urges Miami-Dade County School Board to construct an elememary
school in the City)
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS" BY AMENDING
SECTION 14-62 "REGISTRATIONS" TO PROVIDE FOR DATE
FOR ANNUAL RENEWAL OF CONTRACTOR REGISTRATION;
AND TO CLARIFY REGISTRATION REQUIREMENTS TO
CONFORM TO FLORIDA STATE STATUTES; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
3
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS, LICENSES AND PERMITS" BY
AMENDING SECTION 18-33(a) TO DELETE REQUIREMENT TO
FIRST OBTAIN COUNTY OCCUPATIONAL LICENSE; BY
AMENDING SECTION 18-34 TO PROVIDE FOR REQUIREMENT
OF CERTIFICATE OF USE; AND BY AMENDING SECTION 18-
42 "TAX SCHEDULE," TO REVISE THE OCCUPATIONAL
LICENSE TAX RATE FOR MANICURISTS AND TO SPECIFY
OCCUPATIONAL LICENSE TAX RATES FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Ce
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 45 OF THE CITY CODE BY ADDING
SECTIONS 1 THROUGH 16; PROVIDING THE TERMS AND
CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND
MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
9. PUBLIC 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 CHAPTER 9 "SIGN REGULATIONS;" BY
AMENDING SECTION 901.11 "NON-CONFORMING SIGNS;"
BY AMENDING SECTION (B) "EXCEPTION TO
AMORTIZATION SCHEDULE;" BY AMENDING PARAGRAPH
3 THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF
THE EXEMPTION OF OFFICE BUILDING WALL SIGNS
FROM THE AMORTIZATION AND REMOVAL
REQUIREMENT, INSTEAD OF ALLOWING NON-
CONFORMING OFFICE BUILDING WALL SIGNS WHICH
EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON
SUCH EXEMPTION; PROVIDING FOR SEVERABILITY;
4
10.
11.
12.
13.
14.
SCHEDULE OF FUTURE MEETINGS/EVENTS:
JULY 24, 2000 COMMISSION WORKSHOP
AUGUST 1, 2000 COMMISSION MEETING
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
RESOLUTIONS: None
OTHER BUSINESS:
MOTION AND POSSIBLE ACTION RE: TERMITE ORDINANCE
(Vice Mayor Perlow)
PUBLIC COMMENTS
REPORTS
ADJOURNMENT
9 A.M.*
6 P.M.**
*Government Center 2999 NE 191 ~t Street Suite 500
**Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
This meeting is open to the punic. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to pa~icipate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than ~ days prior to such proceeding.
Agenda items may ha viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~ Street, Suite
500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
One or more meml~rs of the City of Aventura Beautification Advisow Board and/or Recr~ttion amd Cultural Arts Advisory Board
may ha in attendance.
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission
Eric M. Soroka, Cy~M~
Brenda Kelley, OQmmu
July 6, 2000
opment
Direc~/L~
SUBJECT: Request of Aventura Hospital for Abandonment of Public Right-of-Way;
(02-AR-00)
July 11, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the request for abandonment of
public right-of-way because all public interest in the subject property has been
extinguished.
THE REQUEST
The applicant is requesting abandonment of a 307-foot segment of NE 27 Court. The
applicant is requesting this abandonment because the roadway is no longer needed to
provide access to adjacent properties and to facilitate future development of the
Aventura Hospital and Medical Center. (See Exhibit #1 for Letter of Intent)
BACKGROUND
APPLICANT
Miami Beach Healthcare Group, Ltd. d.b.a. Aventura
Hospital and Medical Center
OWNER OF PROPERTY City of Aventura
LOCATION OF PROPERTY
NE 27 Court extending from NE 211 Street to the
north approximately 307 feet. (See Exhibit #2 for
Location Map and Exhibit #3 for Aerial Photo)
SIZE OF PROPERTY
Approximately 15,594 square feet (0.358 acres).
LEGAL DESCRIPTION
All of Berkeley Avenue (a.k.a. NE 27 Court) that lies
northerly of Seabreeze Drive (a.k.a. NE 211 Street)
lying between Block I and Block J, HALLANDALE
PARK NO. 6, according to the plat thereof as
recorded in Plat Book 17 at Page 56, public records
of Miami-Dade County, Florida.
SURROUNDING PROPERTIES
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the West:
MO, Medical Office Park
MO, Medical Office Park
MO, Medical Office Park
MO, Medical Office Park
Existing Land Use -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
roadway
medical use (nursing home)
parking for medical offices
vacant land and former nursing home
vacant land
Future Land Use -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Business and Office
Business and Office
The Site - NE 27 Court forms a cul-de-sac extending approximately 307 feet to the
north of NE 211 Street, where it dead ends at the south property line of the Palm
Gardens nursing home. The roadway provides no access to the Palm Gardens
property.
The Project - The Applicant owns all of the property accessed to the west of the
segment of NE 27 Court proposed for abandonment. The applicant owns approximately
2
half of the properties accessed to the east of this roadway. The other half is owned by
the Palm Gardens Nursing Home, whose owners have deeded their rights to the right-
of-way to the Applicant. (See Exhibit #4, quitclaim deed of Kingwood Properties, Inc. in
favor of Miami Beach Healthcare Group, Ltd.) Only one structure, 21101 NE 27 Court,
is accessed from the roadway. This property is owned by the hospital, who has agreed
to covenant the property to restrict use of the property to uses accessory to the hospital
or to provide alternative access to the site.
BACKGROUND
The Applicant owns all of the property accessed to the west of the segment of NE 27
Court proposed for abandonment and owns approximately half of the properties
accessed to the east side of the roadway. The other half is owned by the owners of the
Palm Gardens Nursing Home, who have provided a quitclaim deed to the applicant
relinquishing their rights to any right-of-way. (See Exhibit #4) NE 27 Court provides no
access to the nursing home parking lot, which is accessed from East Dixie Highway and
NE 213 Street.
Only one non-vacant parcel, a former five-bed nursing home at 21101 NE 27 Court, is
accessed from the roadway. This property is owned by the hospital, who has agreed to
covenant the property to restrict use of the property to uses accessory to the hospital or
to provide alternative access to the site.
The Aventura Hospital is currently planning a major expansion project. The abandoned
right-of-way will be used as part of a temporary employee parking lot that will be used
during construction of a new parking garage to be built north of the hospital. When the
new garage is finished, the hospital's existing parking garage will be demolished and
replaced with a new wing of the hospital. The right-of-way will be incorporated into
future development of the Aventura Hospital campus.
ANALYSIS
Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency,
all public interest in it must first be extinguished. Public interest can include, but is not
limited to, maintaining an appropriate traffic circulation system, maintaining adequate
landscaping, and ensuring that utility and access easements remain available if
needed.
Roadway Level of Service - Because the existing right-of-way of NE 27 Court forms a
dead-end approximately 307 feet north of NE 211 Street, any potential transportation
benefit of the property is negligible. Thus, the abandonment will have no impact on
future transportation levels of service.
3
Utility Easements - The existing right-of-way of NE 27 Court now contains Florida
Power and Light, BellSouth and Miami-Dade WASD utilities. No service provider
objects to the vacation of right-of-way, but several have requested that all or a portion
of the right-of-way be retained as a utility easement. The Applicant has agreed to
provide these easements and is currently working with the utilities in question to specify
the easements required. If the vacation of the right-of-way is approved by the City
Commission, Staff will not authorize transfer of ownership of the right-of-way until the
required easements are conveyed and recorded at Miami-Dade County.
Landscaping and Drainage - The right-of-way now contains no landscaping or
drainage facilities. The abandonment of the right-of-way forecloses the possibility of
improving landscaping or installing drainage improvements within the corridor. To
compensate for this, applicants were requested to donate an amount equal to the
estimated value of the public land as determined by the assessed value of nearby
private parcels of comparable size. The applicants have requested that this contribution
be waived by the City. However, the applicants have agreed to provide some or all of
this amount in the form of expenses the hospital will incur in providing sidewalk,
drainage, landscape and other improvements in the public rights-of-way along NE 211
Street, NE 27 Court, NE 28 Avenue and NE 209 Street as part of their multi-phase
expansion program. These improvements will be above and beyond those required to
secure site plan approval for the expansion project. The type, location and extent of
these improvements will be determined through an agreement to be drafted between
the City Manager and the management of the hospital.
RECOMMENDATION
It is recommended that the City Commission approve the abandonment petition
because all public interest in the subject property has been extinguished.
4
£eopold ed{ F. eopofd,
Attorneys at Law
20801 Biscayne Boulevard
Suite 501
Aventura, FL 33180
email: Nleopold(6Reopoldlaw.com
Norman Leopold
Karen S. Leopold
Hilary S. Feinstock
Miami-Dade: 305-935-3500
Broward: 954-972-0188
Telefax: 305-935-9042
May 10, 2000
VIA COURIER
Mr. Bruce Epperson, Senior Planner
Aventura Government Center
2999 NE 19Pt Street
Suite 500
Aventura, FL 33180
Re: vacation of a portion of N.E. 27th Court
Dear Brace:
Enclosed please find the completed Public Hearing Application for Abandonment or Dedication of Easement
or Right-of-Way together with the following items:
2.
3.
4.
5.
6.
7.
8.
9.
Certificate of Resolutions regarding zoning;
Twelve original sealed surveys;
Disclosure of Interest Form;
Notarized list of property owners within 300 foot radius of subject property;
One set of self-adhesive labels for mailing;
Check payable to the City of Aventura in the amount of $1700.00;
Check payable to Miami-Dade County in the amount orS110.00;
Check payable to Miami-Dade County in the amount of $50.00;
Copy of deed from other abutting landowner.
The Opinion of Title will be delivered under separate cover.
Please review the enclosures at your earliest convenience and then contact me to let me know if everything
is in order or if you require anything further. Thank you very much for your assistance with this matter.
Very truly yours,
Hilary S. Feinstock
HSF/hs
Enclosures
cc: Ms. Lorna Kernizan (w/o enclosures, via facsimile 305-682-7105)
EXHIBIT #1
02-AR-O0
£eopo ff £eo£o£aC,,
~lttorneys at
20801 Biscayne Boulevard
Suite 501
Aventura, FL 33180
RECEIVED
JUL 0 5 ,9-000
OOMMUNITY DEVELOPMIgr['
Norman Leopold
Karen S. Leopold
Hilary S. Feinstock
Jennifer Gerstl Cooper
Miami-Dada: $05-935-3500
Broward:
Telefax: 305-935-9042
email: nleopold @leopoldlaw, com
July 5, 2000
VIA FAX TO: (305) 466-8919
Mr. Eric M. $oroka, City Manager
City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, Florida 3=3180
Dear Mr. $oroka:
As I believe you are aware, this office represents Aventura Hospital in connection with its
petition to vacate approximately one block of Northeast 27'" Court extending north from
Northeast 211 ~ Street. We are respectfully requesting a waiver of the voluntary contribution
in connection with the granting of this petition.
As you know, Aventura Hospital is the major healthcare facility serving Aventura and its
surrounding communities. In order to accommodate the needs and the high expectations of
the residents of our city, Aventura Hospital has determined that it must continue to expand
to meet these ever-growing demands. The concentrated population due to the proliferation
of high-rise condominiums alone requires a large and broad-range hospital facility. An
additional factor is tile advanced average age of our residents. These factors, taken together,
greatly accentuate the need to make Aventura Hospital a full care facility.
When I'acilities are not adequate to meet the demands of the community, patients must seek
treatment at other hospitals, perhaps far from home. Not only does such a ~ituation pose a
potential jeopardy to the patients, it forces family and friends to travel long distances to visit
them. Our current plans for expansion address these concerns by providing for an addition
to our emergency room, as well as an increase in the number of hospital beds. One day soon
we envision being 'able to offer open heart treatment.
Our plans for expansion ara well underway and include the much needed use of Northeast
27"' Court, once it has been vacated. We are hopeful that the City will recognize that this
· proposal will §reaUy serve the City's residents and consequently the City itself. We therefore
!mplore you tO Support our plans by allowing this small portion of the street to be vacated
without additional costs or contributions on the hospital's part. '
We thank you for the consideration shown to us in the past, and we look forward to working
with the City in the future, as we bring to Aventura the best hospitaJ care in the county. I am
hopeful that the hospital's application will be approved, as the needs of this community not
only warrant the expansion of the hospital campus but necessitate it. If I may be of further
assistance or should you have any queslions, please do not hesitate to contact m~.
Norman Leopold
cc: Mr. Davide Carbone, CEO and Ms. Lorna Kernizan (via fax to: 305-682-7105)
Ms. Brenda Kelley, Community Development Director (via fax to: 305-466-3277)
SITE
WAY
DR.
207 ST.
DR.
201 TER.
~VENTURA '
Aventura Police
City of Aventura
192 ST,
188 ST. ~
L~'ttle
Maule
Lake
33t 80
33'
,, Dumfoundling
W~liams
So~tnd
Maule
Lake
EXHIBIT #2
LEGEND
Roadways
City Boundary
I "02-AR-O0~
SIT
~,ventura
pital
EXHIBIT
02-AR-O0
20501 Biscayne Boulevard
Suite 501
Aventura, FL 33180
THIS INDENTURE is made this 6 ¢~, day of'
Jo n ~/ , .~ ~o O _, by and between
KINGWO~D PROPERTIES, INC., a Flor/da
corporation, as Trustee of the Palm Garden of North
Miami Beach Trust dated as of April 16, 1999
("Grantor"), and, whose address is 2033 Main Street~
Suite 300, Sarasota, Florida 34237, and MIAMI BEACH
HEALTHCARE GROUP, LTD., a Florida limited
partnm'ship, haviug a business address at
$/
Identificatiou Nmnber
The said Grantor, in consideration of One Dollar ($1.00), and other good and
valuab}e consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby rem/se, release, and forever quit-claim to the said Grantee, all of the
right, title and interest of the grantm, in and to the tbllowing described real
property, to-wit:
00~t0121~,7 2000 JAN 10 13~51
DOCSTPDEE 0,60 SURTX 0.45
HARVEY RUVIN, CLERK DADE COUNTY, FL
SEE EXHIBIT "A" ATTACHED HERETO
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
appertaining, to the rise and benefit el said grantee, forever.
Signed, sealed and delivered
By:
KINGWOOD PROPERTIES, INC.,
a Florida corporation, as Trustee of
the Palm Garden of North Miami
Beach Trust, dated as of
April 16, 1999
Iodd Lord, Vice Prosiden~
STATE OF PLoP~IDA
COUNTY OF SARASOTA
Address:
2033 Main St., Suite 300
Sarasota, FL 34237
The foregoing instrmnent was acknowledged before me this 6th da~, of
January_ 2000 , by TODD LORD, as Vice President of I(I~V~OD
PROPERTIES, INC., a I londa corporatimx, on behalf of the corporation, in its
capacity as Trustee of the Palm Garden of North Miami Beach Trust, dated as of
April 16, 1999. Mr. Lord is personally knowu to me, or has produced
.~ as id~ation.
[NOTARY SEAL]
My commissionexph, es: Feb. 9, 2001 ~2~,',-
,i EXHIBIT
EXHIBIT "A"
(Legal Description for Property Described in Quit Claim Deed from Iiingwood
Properties, Inc., a [ lorzda corpm'atton to Miami Beach Healthcare Group, Ltd.)
All of Grantor's right, title and interest in and to that portion of NE
27~h Court (formerly known as Berkeley Avenue) abutting Lots 25
through 30, inclusive; Block I, AMENDED PLAT OF HALLANDALE
PAI~i[ NO. 6, according to the plat thereof recorded in Plat Book 17,
Page 56 of the Public i~ecords of Dade Ceunty, Florida, including
without limitation, Orantor's rights of reversion in and to any portion
of said NE 27tt~ Court abutting said Lots 25 through 30, Block I, of the
AMENDED PLAT OF HALLANDALE PAtti( NO. 6,
HARV[Y RtJVIN
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ABANDONING A 307-
FOOT SEGMENT OF NE 27 COURT, LOCATED NORTH
OF NE 21~1 STREET BETWEEN BLOCK I AND BLOCK J
OF THE HALLANDALE PARK NO. 6 SUBDIVISION;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Applicant, Miami Beach Healthcare Group, Ltd. dba Aventura
Hospital and Medical Center, through Application No. 02-AR-00, has requested
abandonment of NE 27 Court extending from NE 211 Street to the north approximately
307 feet located between Block I and Block J in the Hallandale Park No. 6 Subdivision,
in Aventura, Florida; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by la~ and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-AR-00 for abandonment of NE 27 Court
extending from NE 211 Street to the north approximately 307 feet located
between Block I and Block J in the Hallandale Park No. 6 Subdivision, in
Aventura, Florida, as legally described as follows:
All of Berkeley Avenue (a.k.a. NE 27 Court) that lies northerly of
Seabreeze Drive (a.k.a. NE 211 Street) lying between Block I and
Block J, HALLANDALE PARK NO. 6, according to the plat thereof,
as recorded in Plat Book 17 at Page 56 of the Public Records of
Resolution No. 2000-
Page 2
Miami-Dade County, Florida. (A full legal description and site map
is attached as Exhibit #1 ).
is hereby granted.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 11th day of July, 2000.
ATTEST:
Teresa M Soroka, CMC, City Clerk
Arthur I. Snyder, Mayor
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No. 2000-
Page 3
This Resolution was filed in the Office of the City Clerk this day of July, 2000.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
June 15, 2000
rr~e~lopment
Direci~,~
Request of Kenneth Marlin for extension of those approvals granted
through Resolution No. 99-39 (04-VAR-99, 01-CU-99 and 02-AR-99).
July 11, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve, by motion, the request for
extension of the approvals granted through Resolution No. 99-39 for an additional six
(6) month period from August 3, 2000 to February 3, 2001.
REQUEST
The applicant, Kenneth Marlin, is requesting a twelve (12) month extension of the
following approvals granted' through Resolution No. 99-39 passed and adopted August
3, 1999 (See Exhibit #1 for letter of intent, Exhibit #2 for resolution and Exhibit #3 for
location map):
1. A Variance from Section 801.2 of the City's Land Development Regulations to allow
112 off-street parking spaces where 130 off-street parking spaces are required.
2. A Variance from Section 704.6.1 of the City's Land Development Regulations to
allow a plot area of 1.22 acres where a minimum of 1.5 acres is required.
3. Conditional Use approval to allow two (2) drive-through teller lanes at a bank on the
ground floor of a proposed building. The City's Land Development Regulations allow
drive-through teller lanes at banks in the MO, Medical Office District only after
Conditional Use approval.
4. Abandonment of approximately 2,134 square feet of public alleyway platted in Block
8 of the Hallandale Park No. 8 Subdivision.
BACKGROUND
The applicant was granted approval of the variances, conditional use and abandonment
of right of way by Resolution No. 99-39 passed and adopted on August 3, 1999. These
approvals were granted to permit the construction of a four-story professional and
medical office building on East Dixie Highway between NE 206 Street and NE 207
Street. The Resolution provided that the applicant obtain building permits within twelve
(12) months of the date of the Resolution or the approvals granted shall be deemed null
and void unless extended by a motion of the City Commission. A building permit has
not been issued to date. The applicant's attorney has advised that the applicant has
attempted to secure leases for this new office building but has been unable to do so.
He advises that the major concern of potential tenants is the Biscayne Boulevard
overpass construction currently underway, however, he believes that this concern will
be alleviated once construction is completed. The applicant is requesting a further
twelve (12) months, from August 3, 2000 to August 3, 2001, in which to obtain a
building permit.
Section 506.7 of the City's Land Development Regulations provides that an applicant
who has obtained approval of a variance may request an extension of time within the
original approval period. The City Commission may grant up to a six (6) month
extension request for good cause shown by the applicant.
Section 503.5.2. of the City's Land Development Regulations provides that an applicant
who has obtained conditional use approval may request an extension of time by filing a
letter stating the reasons for the request. The City Commission may grant an extension
of up to six (6) months for good cause shown by the applicant.
CURRENT STATUS OF APPROVALS
The current status ofthe conditions of Resolution No. 99-39 are detailed in the following
table.
2
Resolution Condition Current Status
Obtain building permits within Permit not obtained for reasons detailed
12 months of date of resolution in applicant's letter of request
Contribute $9,539.00 to City for Impacts Contribution to be offset against
of vacating right of way expenses to be incurred by applicant for
roadworks
Prepare and submit engineering plan for
road improvements, and
Install road improvements and parking
spaces on NE 206, NE 207 Streets and
East Dixie Highway
Plan to be submitted with building permit
plans
Work to be completed concurrent with
construction of office building which has
not begun due to reasons detailed in
applicant's letter of request
Post a bond of $66,000 to guarantee Bond due prior to issuance of building
completion of road improvements permit
Provide Unity of Title document or replat Draft Unity of Title document provided by
prior to issuance of building permit applicant's attorney
Enter into a lease with Florida East Coast Lease not yet provided
Railway for parking in railway right of way
Prepare covenant allowing not more than Draft document provided by applicant's
60% of building for medical office use, to attorney
be recorded prior to issuance of building
permit
3
LAW OFFICES
ROSENTHAI.
ROSENTHAL
RASCO
A partnership of Professional Associations
June 6, 2000
FACSIMILE NUMBER: 305-466-8949
Ms. Brenda Kelley
Community Development Director
City of Aventura
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
RECEIVED
JLJ,~ 0 8 2000
OOMMUNIIY DEV~LOPME'~r'f
EDUARDO I. RASCO
ALAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACI H. GENET
JESSICA B, LASSMAN
GARY lAN NESBIWF
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Re:
Marlin Office Building Proposal
Case File Number: 05SP-99
Dear Brenda:
I am in receipt of Joanne Carr's letter of May 2, 2000 regarding the Marlin Office Building. We
are aware that building permits for this project are required to be secured within twelve (12)
months, or on or before August 3, 2000, and at this juncture it would appear that my client is
unable to apply for said permits for various reasons, which I will enumerate.
Although my client was certainly cognizant of the proposed construction of the Ives Dairy Road
overpass he, like many others, did not realize the tremendous impact it would have on the
surrounding area and the contemplated construction of his project. The construction and the
resulting traffic jams it has created has caused a total lack of interest of proposed tenants in this
project until such time as the overpass has been substantially completed and they can visualize
the impact on the site in particular and the area in general. Accordingly, my client has been
unable to lease any space notwithstanding having utilized his best efforts to do so. He has in fact
rented space in the building in front of the proposed site solely for the purpose of leasing space.
In addition to the foregoing, my client has been stymied in his efforts to advertise the proposed
site by utilizing signage on the property. The size of the sign authorized under the City's Code is
too small to see taking into consideration the construction that is taking place and the huge
mounds of dirt, construction debris and construction materials that block the location.
FinallY, without leases, construction financing is unavailable and accordingly this project awaits
substantial completion of the overpass before it can proceed forward.
EXHIBIT #1
Turnberry Plaza, Suite 500, 2875 Northeast 191st Street, Aventura, Florida 33180
305.937.0300 / Fax: 305.937.1311 / E-mail: lawoffices@aol.com
Ms. Brenda Kelley June 6, 2000
Predicated on the foregoing, my client would respectfully request that the City Commission
authorize an extension of the approvals for an additional twelve (12) month period so as to
permit my client further time to lease the property. In addition, it is respectfully requested that
he be authorized to place a sign larger than that allowed by Code to offset the hardship created by
the construction of the overpass and the huge piles of dirt, construction debris, and construction
materials that make the sign permitted by Code totally useless.
I would appreciate your placing this matter on the July City Commission Agenda for their
consideration. Should you require any additional information please do not hesitate to contact
the undersigned, and thanking you for your courtesy and cooperation herein I remain,
ASR:cw
CCl
Mr. Eric Soroka; Facsimile Number: 305-466-8919
Mr. Richard Marlin; Facsimile Number: 305-931-4551
Mr. Joe Kaller; Facsimile Number: 954-926-2841
ROSENTHAL ROSENTHAL RASCO AparmershipofProfessionalAssociation$
Turnberry Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180
305.937.0300 / Fax: 305 937 1311 / E-mail: lawoffices@aol.com
RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF
VARIANCE FROM SECTION 801.2 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 112 OFF-
STREET PARKING SPACES WHERE 130 OFF-STREET
PARKING SPACES ARE REQUIRED; GRANTING APPROVAL
OF VARIANCE FROM SECTION 704.6.1 OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A PLOT
AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW
TWO (2) DRIVE-THROUGH TELLER LANES AT A BANK ON
THE GROUND FLOOR OF A PROPOSED OFFICE BUILDING;
GRANTING APPROVAL OF THE ABANDONMENT OF
APPROXIMATELY 2,134 SQUARE FEET OF PUBLIC
ALLEYWAY PLATTED IN BLOCK 8 OF THE HALLANDALE
PARK NO. 8 SUBDIVISION; FOR PROPERTY LOCATED
BETWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN
EFFECTIVE DATE.
and
WHEREAS, the property described herein is zoned MO, Medical Office District;
WHEREAS, the applicant, Kenneth Marlin, through Applications No. 04-VAR-99,
01-CU-99 and 02-AR-99, is requesting the following:
1. A variance from Section 801.2 of the City's Land Development Regulations to
allow 112 off-street parking spaces where 130 off-street parking spaces are required.
2. A variance from Section 704.6.1 of the City's Land Development Regulations to
allow a plot area of 1.22 acres where 1.5 acres is required.
3. Conditional Use Approval to allow two (2) drive-through teller lanes at a bank on
the ground floor of a proposed building. The City's Land Development Regulations
EXHIBIT #2
Resolution No. 99-39
Page 2
allow drive-through teller Fanes at banks in the MO, Medical Office District only after
Conditional Use approval.
4. Abandonment of approximately 2,134 square feet of public alleyway platted in
Block 8 of the Hallandale Park No. 8 Subdivision; and
WHEREAS, the City Commission has held a public hearing as provided by law;,
and
of the
where
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-VAR-99, requesting variance from Section 801.2
City's Land Development Regulations to allow 112 off-street parking spaces
130 off-street parking spaces are required on property legally described as:
Lots 12 through 30, Block 8 of HALLANDALE PARK NO. 8
according to the plat thereof, as recorded in Book 20, Page 49 of
the public records of Miami-Dade County, Florida NK/A Between
NE 206 Street and NE 207 Street on the east side of East Dixie
Highway Aventura, Florida
is hereby approved.
Section 2. Application for a variance from Section 704.6.1 of the City's Land
Development Regulations to allow a plot area of 1.22 acres where 1.5 acres is required
is hereby approved.
Resolution No. 99-39
Page 3
Section 3. Application No. 01-CU-99, requesting Conditional Use approval to
allow two (2) drive-through teller lanes at a bank on the ground floor of a proposed
building is hereby approved.
Section 4. Application No. 02-AR-99, requesting abandonment of
approximately 2,134 square feet of public alleyway platted in Block 8 of the Hallandale
Park No. 8 Subdivision is hereby approved, all approvals subject to conditions as
follows:
1. Plans shall substantially comply with those submitted as follows:
· "Aventura Professional Office Building: Site Plan", Sheet SP-1/AP-1, prepared
by Joseph B. Kaller and Associates, revised dated 7127199, signed and sealed
7~27~99;
· "Aventura Professional Office Building: Site Details", Sheet SP-2, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7~22~99;
· "Aventura Professional Office Building: Second Floor Plan", Sheet AP-2
prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed and
sealed 7122199;
· "Aventura Professional Office Building: Typical 3'~ and 4th Floor Plan", Sheet AP-
3, prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed
and sealed 7122199;
"Aventura Professional Office Building: Roof Plan", Sheet AP-4, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
· "Aventura Professional Office Building: Elevations", Sheet AP-5, prepared by
Joseph B. Kaller and Associates, revised dated 6111199, signed and sealed
7/22/99;
· "Aventura Professional Office Building: Elevations", Sheet AP-6, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7~22~99;
· "Aventura Professional Office Building: Landscape Site Plan", Sheet L-l,
prepared by Joseph B. Kaller and Associates, revised dated 7~20~99.
Resolution No. 99-39
Page 4
2. The applicant shall obtain building permits within twelve (12) months of the date of
the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission
3. The applicant has agreed to contribute $9,539.00 to the City of Aventura to offset
the transportation impacts of vacating 2,134 square feet of alleyway conveyed in the
plat of Hallandale Park No. 8 Subdivision prior to the issuance of building permits.
These funds shall be offset against the expenses applicant incurs in the installation
of the right-of-way improvements specified in Condition 4 below.
4. Applicant shall install the following improvements:
· Seven (7) on-street parallel parking spaces along NE 206 Street and six (6) on-
street parallel parking spaces along NE 207 Street.
· Curbing, gutter pan, stormwater drainage inlets and stormwater mains along NE
206 Street and NE 207 Street adjacent to the site.
· Street lighting along NE 206 Street, NE 207 Street.and East Dixie Highway
adjacent to the site.
· Eight (8) on-street parallel parking spaces along East Dixie Highway, adjacent to
the site.
Applicant shall prepare an engineering plan detailing the installation of these
improvements in a form acceptable to the City Manager and City Engineer prior to
the issuance of building permits.
5. Applicant shall post a surety bond or other similar instrument acceptable to the City
Manager in the amount of $66,000 prior to the issuance of building permits, said
Resolution No. 99-39
Page 5
bond to be returned to the applicant after the completion of the parking, curbing,
lighting and drainage improvements within the public right-of-way specified in
Condition 4.
6. The applicant shall provide a Unity of Title, in a form to be approved by the City
Attorney and City Manager, or replat the site, prior to issuance of a building permit
for the development.
7. The applicant shall enter into a lease with Florida East Coast Railroad (FEC) and
construct twenty (20) parking spaces on the leased area. Permit plans must be
approved by the Community Development department and construction of the
spaces completed prior to Certificate of Occupancy. The applicant must continue
the lease on an annual basis in good faith effort.
8. The applicant shall prepare a covenant, in a form to be approved by the City
Manager and City Attorney, allowing medical office uses not to exceed 60% of the
total office uses of the building. The applicant shall record this covenant in the
Public Records of Miami-Dade County, prior to issuance of a building permit. All
expenses shall be borne by the applicant.
9. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to issuance of a building permit. All expenses shall be borne by the
applicant.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Resolution No. 99-39
Page 6
Section 6.
adoption.
The foregoing Resolution was offered by co-..~ ssioner Berber
its adoption. The motion was seconded by co--.~ssioner HoZzber§
put to a vote, the vote was as follows:
This Resolution shall become effective immediately upon its
, who moved
, and upon being
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED this 3'~ day of August, 1999. ~
ARTHUR I. S~YDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATI'ORNEY
This Resolution was filed in the Office of the City Clerk this __
day of(~1999.
Property
LEGEND
EXHIBIT #3
LAW OFFICES
ROSENTHAL
ROSENTHAL
RASCO
July 10, 2000
Mr. Eric Soroka
City Manager
CITY OF AVENTURA
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
Re: Chabad House of North Dade, Inc.
EDUARDO I. PASCO
ALAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACI H. GENET
JESSICA B. LASSM~N
GARY lAN NESBrI~
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Dear Eric:
Confirming our conversation in connection with the captioned, provided herewith is a
__Com~aitment from South Miami Mortgage, Inc., wherein they agree to provide a Commercial
Second Mortgage in thC mount of Six Hundred Thousand ($600,000.00) Dollars, which will
allow them to complete their building
Mortgage commitments are generally quite voluminous and provide the mortgage company with
the ability to extricate themselves from the obligation to loan. Accordingly, I hgve requested that
South Miami Mortgage, Inc. make this Commitment as simple and specific as possible with as
few contingencies as they can live with. South Miami Mortgage, Inc. is available to discuss this
loan with you at your convenience, and Ana Benitez will be pleased to speak with you at any
time to verify its authenticity.
My client and I hope that this is acceptable and will allow them to continue with the construction
of their building. Please note that a substantial amount of construction has taken place since our
last meeting with the City, and I feel confident that this, together with the City's cooperation,
will result in the finalization of construction within the timeframes provided.
I will be out of the City for the week, however, if there is any question please contact Gary
Nesbitt in my office, who will appear at the July 11t~ meeting. Thank you for your courtesy and
cooperation, and with warmest personal regards I remain,
Cordially,
RO SENTH3~I~ ROSENTHALv~.~ ~ CO ~
ASR:cw
Enclosure
Turnber~ T Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180
305.937.0300 / Fax: 305.937,1311 / E-mail: lawoffices@aol.com
SOUTH MIAMI MORTGAGE, INC.
6701 Sunset Drive, Suite 102, So. Miami, FI. 33143
Tel. $05-~?-3203 Fax. $05-~?-9958
July 7, 2000
Attn:
Fax #:
Kenny Bonnardel
Ocean Point Realty
(305) 933-4400
Approval
We hereby Approve CHABAD HOUSE OF NORTH DADE, 1NC. for a commercial second
mortgage in the amount of $ 600,000.00.
This Approval is based on the information supplied to us by the above mentioned borrower, who
certifies that all the information is tree and accurate, and a favorable credit report. The borrower
warrants that their credit rating and financial position will remain substantially the same for the
next 120 day period. It is understood that South Miami Mortgage will have to order and submit
all necessary documents.
This approval is contingent upon a satisfactory appraissal and survey of the property, clear title,
and upon the good standing of the present first mortgage.
An estimated closing date is expected in approximately 60 days.
SOUT!t MIAMI MORTGAGE
~a ~e'nitez, L~Officer
MINUTES
CITY COMMISSION MEETING
TUESDAY, JUNE 6, 2000 6 PM
Biscayne Medical Ads Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:11 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorneys David M. Wolpin and Nancy Stroud. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE:
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, were disclosed and filed
with the City Clerk in accordance with Ordinance 96-09. All witnesses giving
testimony in these hearings were sworn in by the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL
TO PERMIT A NON-COMMERCIAL HELISTOP ON THE TOP FLOOR
OF THE BLOOMINGDALE'S/BURDINE'S PARKING GARAGE AT THE
AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD;
PROVIDING FOR CONDITIONS OF THE APPROVAL; PROVIDING AN
EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen.
Mayor Snyder opened the public hearing. The following individuals addressed
the Commission: George Berlin, 1940 NE 194th Drive; and Phil Ward, Della
Porta Ward & Assoc.; on behalf of the applicant. There being no further
speakers, the public hearing was closed. A motion was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed to amend Condition 9 to read as follows: This Conditional
Use may be revoked by the Aventura City Commission upon the holding of a
duly posted public hearing, requested by the City Manager or any
Commissioner, i~, in the determination of the City Commission, the he#stop
facility poses a public nuisance or a threat to the public health, safety or general
welfare. The decision of the City Commission to be made at its sole discretion,
is final and not subject to further judicial review. A motion was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed to amend all references to emergency operations to
government-authorized emergency operations and/or other government-
authorized activities. A motion was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow and unanimously passed to amend Condition 8
to provide no more than 3 take-off/landings per day except those performed by
government-authorized operations and/or other government-authorized
activities. A motion was offered by Vice Mayor Perlow, seconded and
unanimously passed to amend the weekday hours of operation as stated in
Condition 2 to 9:00 a.m. to dusk and to incorporate as a condition the
provisions contained in correspondence from the FAA and correspondence from
Tumberry Associates dated June 6, 2000. An amendment was offered by
Commissioner Beskin, seconded and unanimously passed to prohibit the use of
the secondary approach by private use. The above conditions were verbally
approved and accepted by the applicant. The motion for approval, as amended,
passed unanimously and Resolution No. 2000-32 was adopted.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
STARBUCKS COFFEE, INC., LOCATED AT 19127 BISCAYNE
BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT TO
EXCEED 16 SQUARE FEET ON THE NORTH ELEVATION, WHERE
ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN
EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. The motion for approval passed unanimously and
Resolution No. 2000-33 was adopted.
C. Mr. Wolpin read the following motion:
MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER
BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Mayor Snyder opened the
public hearing. The following individual addressed the Commission: Alan
Rosenthal, Esq., on behalf of the applicant. There being no further speakers, the
public hearing was closed. A motion was offered by Commissioner Cohen and
2
seconded by Commissioner Holzberg to provide an extension of the permit to
July 11, 2000. A motion was offered by Vice Mayor Perlow and seconded by
Commissioner Rogers-Libert to grant a 6-month extension, which extension
would terminate on July 11, 2000 if the mortgage commitment and closing date
are not secured and provided to the City by July 11, 2000 and that the applicant
will appear before the Commission at the November, 2000 meeting to provide an
update and plans for removal of trailers by December 31, 2000 in the event
construction is not completed at that time. A motion was offered by
Commissioner Berger and seconded by Commissioner Beskin to deny the
request of applicant. Vice Mayor Perlow's motion to grant the 6-month extension
with conditions passed 5-2 with Commissioners Berger and Beskin voting no.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the May 2, 2000
Commission meeting, May 23, 2000 Special Meeting and May 23, 2000 Commission
Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: At the
request of Commissioner Rogers-Libert, discussion regarding proposed Citizens
Access to Justice Act of 1999 (S. 1028 Takings bill) and proposed Religious Liberty
Protection Act of 2000 (S.2081) was added as item 12.
6. SPECIAL PRESENTATIONS: None.
CONSENT AGENDA: Commissioner Berger requested removal of item 7D and Vice
Mayor Perlow requested removal of item 7C, both from the Consent Agenda. A
motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Perlow, unanimously passed
and the following action was taken:
A. Resolution No. 2000-34 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING, ENDORSING AND URGING ITS
RESIDENTS, BUSINESSES AND COMMUNITY ENTITIES TO
INCREASE THEIR KNOWLEDGE AND EDUCATION REGARDING THE
SIGNS AND SYMPTOMS OF CARDIAC ARREST AND STROKE, AND
URGES THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS
WITHIN THE CITY OF AVENTURA IN ORDER TO BE DESIGNATED AS
A HEART SAFE COMMUNITY; AND PROVIDING AN EFFECTIVE
DATE.
B. Resolution No. 2000-35 was adopted as follows:
3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR
LANDSCAPE MAINTENANCE THROUGHOUT THE ENTIRE
CORRIDOR OF BISCAYNE BOULEVARD WITHIN THE CITY LIMITS
BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; REQUIRING THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY OF
AVENTURA $8,677.32 PER ANNUM FOR MAINTENANCE
LANDSCAPE SERVICES TO BE PROVIDED BY THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2000-36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-18 WHICH DID
ESTABLISH COMPREHENSIVE COMMISSION MEETING AND
AGENDA PROCEDURES BY AMENDING SECTION 2 C. "ORDER OF
BUSINESS"; AND PROVIDING AN EFFECTIVE DATE.
F. The following motion was approved:
MOTION TO APPROVE CITY MANAGER'S PERFORMANCE
EVALUATION PACKAGE AS OUTLINED IN EXHIBIT "A"
G. Resolution No. 2000-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 00-218-A
FOR PROFESSIONAL DESIGN SERVICES FOR BISCAYNE (7) PHASE
III AND IV AND PERTAINING PORTION OF FEC LANDSCAPE
BUFFER BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY
DESIGN ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
4
FOR BID NO. 00-05-03-3, NE 34TM AVENUE LIGHTING
IMPROVEMENTS, TO IMPERIAL ELECTRIC OF FORT LAUDERDALE
AT THE BID PRICE OF $370,971.76. 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.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg, unanimously passed and Resolution No. 2000-38 was
adopted.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING GUIDELINES FOR NAMING OF
PUBLIC FACILITIES; PROVIDING DEFINITIONS; PROVIDING
GUIDELINES FOR ACCEPTANCE OF MONETARY DONATIONS IN
CONSIDERATION FOR THE NAMING OF PUBLIC FACILITIES; AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Beskin. An amendment was offered by Commissioner Berger
and seconded by Commissioner Holzberg to provide that the nominee must have
been a resident of the City of Aventura for at least one year. The amendment
failed 3-4, with Commissioners Berger, Cohen and Holzberg voting yes and
Commissioners Beskin, Rogers-Libert, Vice Mayor Perlow and Mayor Snyder
voting no. An amendment was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously passed to include in Section 3 (3)
that public facilities shall not be named after living individuals. The motion, as
amended, passed unanimously and Resolution No. 2000-39 was adopted,
PUBLIC HEARINGS: ORDINANCES - FIRST AND ONLY READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE PROPERTY LOCATED AT APPROXIMATELY 5000 ISLAND
BOULEVARD FROM MEDIUM HIGH DENSITY RESIDENTIAL TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
5
=
At the request of the applicant, a motion was offered by Commissioner Rogers-
Libert, seconded by Commissioner Berger and unanimously passed to defer this
matter.
PUBLIC HEARINGS: ORDINANCES - FIRST READING: Mr. Wolpin 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 CHAPTER 9 "SIGN
REGULATIONS;" BY AMENDING SECTION 901.11 "NON-
CONFORMING SIGNS;" BY AMENDING SECTION (B) "EXCEPTION
TO AMORTIZATION SCHEDULE;" BY AMENDING PARAGRAPH 3
THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE
EXEMPTION OF OFFICE BUILDING WALL SIGNS FROM THE
AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING OFFICE BUILDING WALL SIGNS
WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON
SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion was offered by Vice Mayor Perlow, seconded by Commissioner Berger
and unanimously passed to incorporate into this hearing all amendments and
testimony, written and verbal, relative to this item given at the preceding Local
Planning Agency meeting. A motion for approval, as amended, was offered by
Commissioner Cohen and seconded by Commissioner Rogers-Libert. Mayor
Snyder opened the public hearing. There being no speakers, the public hearing
was closed. The motion for approval passed unanimously by roll call vote.
10. PUBLIC HEARING: ORDINANCES- SECOND READING:
Mr. Wolpin read the following ordinances by title. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Vice Mayor Perlow.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. The motion for approval passed unanimously by roll call
vote and the following ordinances were enacted:
A. Ordinance No. 2000-14:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR
NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 30TM AVENUE
6
BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS
HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE.
B. Ordinance No. 2000-15:
AN ORDINANCE OF THE CiTY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE
RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST
COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
C. Ordinance No. 2000-16:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213
STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A
LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL
CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. Ordinance No. 2000-17:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NEW
POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
11. RESOLUTIONS: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2000/01 TO 2004105; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Holzberg, seconded by
Commissioner Rogers-Libert, unanimously passed and Resolution No. 2000-40
was adopted.
7
12.
OTHER BUSINESS: A motion was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow and unanimously approved to provide the
Commission's written opposition, as drafted by Commissioner Rogers-Libert and
the City Manager, to any infringement on local land use authority proposed in
S.1028 "Citizens Access to Justice Act of 1999" (Takings bill) to members of the
Senate Judiciary Committee and local, state and national Leagues.
A motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously approved to provide the Commission's
written opposition, as drafted by Commissioner Rogers-Libert and the City
Manager, to S.2081 Religious Liberty Protection Act of 2000 to members of the
Senate Judiciary Committee and local, state and national Leagues.
13. PUBLIC COMMENTS: None.
14. REPORTS: As presented.
15.
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 8:30 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2000.
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,
8
A nturaC. y M,.UTES
CITY COMMISSION MEETING Turnberry isle Resort
19999 N. Countly Club Ddve
~...~ WEDNESDAY, JUNE 14, 2000 9 AM Aventura, Florida 33180
The meeting was called to order at 9:05 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Jeffrey M. Periow, Mayor Snyder, City Manager Eric M.
Soroka, and City Clerk Teresa M. Soroka. As a quorum was determined to be present,
the meeting commenced.
Mr. Soroka provided a Powerpoint presentation outlining where the City has been,
where it is now and visions for the future as suggested by Commissioners for
consideration by the Commission during this visioning session.
Commission discussed the issue of school site in the City. Decision of the Commission
that a letter from the Mayor be addressed to each School Board member to determine
their commitment to providing a school within this area and advising them of all potential
sites, including Gulfstream and the Hospital District. City Manager to report status at
next Workshop meeting. City Manager to determine feasibility of researching Hospital
District area for purchase of property.
Each member of the Commission then expressed his/her vision for the future.
Commission discussed community/cultural center, development of parks, library,
Thunder Alley redevelopment.
After discussion, consensus of Commission to proceed with the following:
1) Continue discussions with Tempest Marine for purchase of property;
2) Continue discussions with Gulfstream for purchase of 6 acres;
3) Employ architect to design a proposed recreation/community center facility;
4) Review written scope from consultant of second phase of cultural center
feasibility study at next Workshop Meeting;
5) Determine the commitment of each School Board member to providing an
elementary school in the City and suggest their consideration of acquisition of
property in the Hospital District; and inquire as to their interest in the Binings site
with assistance from the City for cleanup;
6) Proceed with study of financing possibilities.
Discussion then ensued as to annexation of property. In response to correspondence
received from Kenneth Friedman, City Manager to respond that the majority of the
Commission is not interested in pursuing the issue at this time.
Commission next discussed the issue of transportation improvement and billboards. No
urgency expressed by the Commission to proceed with these issues,
The final item briefly mentioned by Commissioner Berger was cross generational
programs.
The City Manager inquired as to the Commission's stance on the purchase of public art
in City facilities. Consensus not to expend monies for the purchase of art for the interior
of municipal facilities. Recreation/Cultural Arts Committee to research commissioning
artist for sculpture outside Government Center for recommendation to the Commission.
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 1:15 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
MINUTES
COMMISSION WORKSHOP MEETING
TUESDAY, JUNE 27, 2000 9 AM
Aventura Government Center
2999 NE 191~t Street #500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Patricia Rogers-Libert, Vice Mayor Jeffrey
M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka,
and City Attorney Richard Jay Weiss. Commissioners Cohen and Holzberg were
absent. As a quorum was determined to be present, the meeting commenced.
TELECOMMUNICATIONS ORDINANCE: Braulio Baez, Esq., Leibowitz &
Associates, the City's telecommunications counsel, presented a draft proposed
telecommunications ordinance in compliance with recent legislation passed by the
Florida Legislature. Mr. Baez and Mr. Soroka noted minor scrivener's errors and
clean-up provisions to be made prior to first reading. Paul Girelly, Greenberg
Traurig, representing subsidiary of AT&T, addressed the Commission. Other
representatives in attendance.
CITY MANAGER SUMMARY: Proposed ordinance, as amended pursuant to
discussions at this meeting, to be placed on July 11, 2000 agenda for first reading.
2. CULTURAL CENTER PHASE I1: Richard Heisenbottle, Heisenbottle Architects,
the City's cultural center feasibility consultant, reviewed proposed Phase II of the
feasibility study. Commission conveyed to the consultant the outcome of
discussions held at the visioning session relative to proceeding with this study.
CITY MANAGER SUMMARY: Motion to be placed on July 11, 2000 Commission
agenda to proceed with Phase II of feasibility study.
3. SCHOOL UPDATE: Mr. Soroka updated the Commission on his discussions with
School Board representatives subsequent to the Commission's discussions at the
visioning session. Detailed discussion ensued. In addition, Mr. Soroka and
Commissioner Berger noted the opposition of residents in the area to a Primary
Learning Center near Peninsula Island. Consensus of Commission to discuss
further at next Workshop meeting after review of exact location and letters of
opposition.
CITY MANAGER SUMMARY: City Manager to discuss with the School Board their
purchase of the Binings site, with City's assistance in environmental cleanup and
report back to the Commission at the July 11, 2000 Commission meeting for
possible Commission action through resolution or otherwise.
4. JULY 4TM SPECIAL EVENTS ACTIVITIES: Community Services Director Robert
Sherman reviewed the planned activities.
CITY MANAGER SUMMARY: Consensus to proceed.
AUDITOR SELECTION: Mr. Soroka explained change in the procedures for
selection of Auditor, including selection of one Commissioner to serve on selection
panel.
CITY MANAGER SUMMARY: Consensus of Commission that Commissioner
Beskin serve on the auditor selection panel.
5. HEALTH INSURANCE FOR COMMISSIONERS: (Commissioner Rogers-Libert)
Commissioner Rogers-Libert requested Commission approval for Commissioners to
access (participate in) the City's health insurance.
CITY MANAGER: City Manager to review feasibility and report back to
Commission.
6. BOARD REPORTS: None.
Mr. Weiss requested an Executive Session in the case of Munchnick vs. City of
Aventura. To be scheduled prior to July 11,2000.
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 11:10 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based,
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, CiyM_a~Cage~
June 27, 2000f~' \'~
Bid No. 00-5-31-3, Biscayne Boulevard Phase 5/6
and FEC Landscape Buffer
July 11, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 00-5-31-3, Biscayne Boulevard Phase 5/6 and FEC Landscape Buffer to the
lowest responsible and responsive bidder, Vila and Son Landscaping Corporation, for
the price of $1,179,980.00. This project is included in the Capital Improvements
Program.
BACKGROUND
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on June 9, 2000. The City received three (3) bids for this
project. The bids submitted are as follows:
Vila & Son Landscaping Corp.
Recio & Associates
Arazoza Brothers Corp.
$1,179,980.00
$1,263,000.00
$1,245,424.68
The bids were reviewed by the purchasing staff and the landscape architect. The Iow
bidder meets all of the bid qualifications.
This bid price provides for the construction of landscaping improvements within the
Biscayne Boulevard medians and the FEC easement adjacent to the West FDOT right-
of-way line from Miami Gardens Drive to NE 199th Street.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO892-00
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 00-5-31-3, BISCAYNE 5/6 AND FEC LANDSCAPE
BUFFER, TO VILA & SON LANDSCAPING CORPORATION AT THE
BID PRICE OF $'1,179,980.00; 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. 00-5-31-3, V/la & Son Landscaping
Corporation; 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 projectA~ork as cited above; and
WHEREAS, staff has determined that V/la & Son Landscaping Corporation, 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. 00-5-31-3, Biscayne 5/6 and FEC
Landscape Buffer, is hereby awarded to V/la & Son Landscaping Corporation in the
Resolution No. 2000-
Page 2
amount of $1,179,980.00.
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
Capital- Beautification Projects Line Item No. 001 ~8050-541-6301.
Section 5: This Resolution shall be 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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
Resolution No. 2000-__
Page 3
PASSED AND ADOPTED this 11th day of July, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
SECTION 00400
IflLA & SON L~NDSCAPING
2045] SW 216th St,
'* Miami, FL 33170-1106
BID FORM
SECTION 00410
BID FORM
THIS BID IS SUBIVft'I-t ~.D TO:
City of Aventura
2999 NE 191 STREET, SUITE 500
Aventura, FLORIDA 33180
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of Aventura in the form included in the Contract Documents to perform and furnish all Work as specified
or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this
Bid and in accordance with the other terms and conditions of the Contract Documents.
B1DDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions
to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will
remair~ subject to acceptallce for 90 days after the day of Bid opening. BIDDER agrees to sign and submit
the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days
after the date of City's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt
(c)
of all which is hereby acknowledged.)
Addendum No. O I
Addendam No.
Addendum No. ~ ~
Addendum No.
Dated:
Dated:
BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Law and Regulations that in any manner my affect cost,
progress, performance or furnishing of the Work.
BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions,
00410- 1
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtsimng and carefully
studying) all such examinations, investigations, explorations, tests and studies (in addition to or to
supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at
the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents, and no additional examinations, investigations, explorations, tests, reports
or similar information or data are or will be required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked ail information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
respons~flity for the accatrate location of said Underground Facihties. No additional examinations,
investigations, explorations, tests, reports or similar information or data in respect of said
Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work
at the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents.
(f) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
(g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereofby Consultant is acceptable
to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, fn-m or
corporation and is not submitted in conformity with any agreement or roles of any group, association,
organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other
BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or
corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any
advantage over any other BIDDER or over the City.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work
complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated
by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from
the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date.
As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services
necessary to provide a complete in place Project for the Bid Price of:
00410-2
-- ~cents LUMP SUM
(Written Total Base Bid Price - Frora Schedule Of Values, Page 00410-6)
BIDDER agxees that the work will be complete in full within 120 calendar days from the date stipulated in
the Notice to Proceed.
Communications concerning this Bid shall be addressed to:
Telephone
Facsimile Number
7, The terms used in this Bid which are defined in the general Conditions of the Construction Contract included
as part of the Contract documents have the meanings assigned to them in the General Conditions.
SUBMITI'~D TI-IIS DAY
00410-3
SCHEDULE OF VALUES FOR
LUMP SUM CONTRACT
BASE BID
S.tL 5/U.S. 1
BISCAYNE 5 & 6 LANDSCAPE IMPROVElvlENTS
GENERAL REQUmEMENT
References Description Unit Unit Price
Section
01327 Field Engineering LS $.
01452 Material Testing LS I$
01500 Tempora_~ Facilities LS
01550 Traffic Control LS $
DEMOLmON
References Description Unit Unit Price
Section
02222 Right of Way Preparation LS $ ~ ~/ ~' /)O
02222 Remove Asphalt Paving SY $ [ t~ ~ Ot~
02222 Remove Concrete Slab I SY $ [-~, d70
02222 Remove existing Top Soil CY $ 1 O / ~z~
PAVING
References Description Unit Unit Price
Section
02725 Limerock Base SY $
02746 Asphalt Pavement SY
00410 - 4
References Description Unit Unit Price
Section
02764 6" Thermoplastic Stripe LF $
02766 A/AP, PM EA $
027,4 be'V" C~
02784 Brick Paver with Base and Concrete Band SF $
IRRIGATION
References Description Unit Unit Price
Section
o28~o ~n~a~ton Ls * 19,4/qoo. ~a
LANDSCAPE
References Description Unit Unit Price
Section
~-o~o Tm~E8 and V~UMS
02900 Fi~ B~j~m (Wemi~ Fig) EA $
02900 Ph~m DaY.era 'M~j~I', 14' c.t. EA
~j~l D~e P~)
~j~l Date P~m)
02900 R~onm Ela~ ~oy~ P~m) EA $
S~S ~d
02900 C~ob~m Im~ (~plm) EA $
02900 CI~ Gu~era (Sm~ ~ Clx) EA $ ~ ~ ·
02900 Fires Benj~na ~ping Fig) EA $
02900 Con~ E~c~ ~S~c~' EA $
(S~ Bu~onwood)
00410 - 5
References Description Unit Unit Price
Section
02900 Euphorbia Milii (Dwarf Crown of Thorns) EA $
02900 Ixom 'Nora Grant' (Ixora Nora Grant) EA $
02900 Ixora 'Petite' (Red Taiwan Dwar0 EA $
02900 Jasminum Volubile (Wax Jasmine) EA $
02900 Pittosponma Tobira 'Variegata' EA $
(Variegated Pittospomm)
02900 Plumbago 'Imperial Blue' (Leadwort) EA $
02900 (Dwarf Seheffiera Scheffiera) Arboricola 'Triuette' EA $ /~.
02900 Seasonal Color (To be selected by Owner) EA $
02900 St. Augustine 'Flomtam' sod SF $
02900 Landscape Maintenance LS
02900 Weed Barrier Cloth SF $
02900 Planting Soil in place ay
~ $
ELECTRICAL
References Description Unit Unit Price
Section
16050 ElectricalSystem LS * ~'J l l q ~[O . 02)
ALLOWANCES
References Description Unit Unit Price
Section
01210 ~ Owners Allowance LS $50,000.00
00410 - 6
IF BIDDER is:
By.'
AN INDIVIDUAL
(SEAL)
doing business as:
Business address:
(Individual's Name)
Phone No:
Facsimile No:
00410- 7
By:
(Firm's Name)
(SEAL)
(General Partner)
Business address:
Phone No:
Facsimile No:
00410 - 8
A CORPORATION
By:.
By:
Vila and Son Landscaping Corp.
(Corporation Name)
Florida
(State of Incorporation)
(Name of Person Authorized to Sign)
Ricardo Leal: Vice President & Juan C. Vila, President
(Secretary) (President)
Business address:
20&ql SW 216th Street
Mqnml, ~1. 33170
Phone No: 305-255-9206
Facsimile No: - -
00410-9
A JOI~NT VENTURE
By:
(Name)
(Address)
(Name)
(Address)
(Each joint venture must sign. The manner of si~ning for each individual, partnership and corporation
that is a party to tho joint veature should b~ in the l~anner indicated above.)
00410- 10
CERTIFICATE OF AUTI~ORITY
(n~ COm'OgAT~O~)
STATE OF Florida )
) SS:
COUNTY OF Dade )
I HEREBY CERTWY th~ a meeting o£the Board of Dkectors of the
Vila and Son Landscaping Corp.
20431 SW 216th Street
Miami. Fi. 33170
a corporation existing under the laws of the State of Florida
1~ 2009the following resolution was duly passed and adopted:
,heldon ', May 29
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated,
June 9 · ~ 2000, to tho City of Av~tura and this corporation and that their execution
thereof, attested by the Seer~ary of the Corporation, and with the Corporate Seal affixed, shall be the
offic'ml act and deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN VvTFNESS WI-tEREOF, I have hereunto sot my hand and affixed the official seal of the corporation
this 29th,dayof May , l~[ 2000
(SE O
00410- 11
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF )
a corporation existing under the laws of the State og
the following resolution was duly passed and adopted:
, held tm ,19
"RESOLVED, that, , as of the Partnership, be
and is hereby authorized to execute the Bid dated, 19 , to the City of Aventura
and this pannership and that their execution thereof, attested bythe
shall be the official act and deed ofthis Partnership."
I further curtifythat said resolution is now hi full force and effect.
IN ~'I'I'NESS WHEREOF, I have hereunto set my hand this
, day of ,19
Secretary:.
(SEAL)
00410- 12
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE
STATE OF
COUNTY OF
) SS:
I HEREBY CERTIFY that a meoting of the Principals of
the
a corporation existing under the laws of the State of , held on
,19 , the following resolution was duly passed and adop~d:
"RESOLVED, that.
Venture be and is hereby authorized to execaxte the Bid dated,
as
to the City of Aventura official act and deed of this Joint Venture."
19 ,
of the Joint
I further ceffify that said resolution is now in full force and effect.
IN ~3/rfNESS WHEREOF, I have hereunto set my hand this
19
, dayof
Secretax~g:
(SEAL)
END OF SECTION
00410 - 13
SECTION 00420
AWARD PREFERENCE
FOR
IDENTICAL TIE BIDS
Whenever two or more Bids which are equal with mspeet to price, quality, and service are received by the State or by
any political subdivision for the procurement of commodities or contractual services, a Bid received from a business
that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.
Established procedures for processing tie Bids will be followed ff none of the tied vendors have a drug-free workplace
program. In order to have a dmg-fi~e workplace program, a business shall:
1)
2)
3)
4)
5)
6)
Publish a statement notifying employees that the unlawful manufacture, distribution, dispeusiag possession,
or use of a controlled substance is prohibited ia the workplace and specif3~g the actions that will be taken
against omployees for violations of such prohibition.
Inform employees about the dangers of drag abuse in the workplace, the business' policy of nlaintainlng a
drag-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under Bid a copy
of the statement specified hi subsection (1).
In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
chapter 893 or of any controlled substance law of the United States or any state, for a violarion occurring in
the workplace no later than five days after anch conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse as~.-uee or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
Make a good faith effort to continue to maintain a drag-free workplace through implementation of this section.
As thc pemon auth
requirements.
/
VENDOR'S SIGNATURe.
VILA & ~ON LANDSCAPING COItP.
2~51 SW 216th SL
Miami. Irt 33110-1106
END OF SECTION
complies fully with the above
00420-1
SECTION 00432
BID FORM SUPPLEMENTS
SECTION OO432
BID BOND
STATE OF I~ORIDA )
COUNTY O~ DADE )
KIqOWAIJulvffiNBYTI~t~BPIt~,BF~R~-R, th~w~ Vila ~q~ Son Landscaping Corp.
,~~ St. ~ul Fire a~d Marine Insurance. Comoany
THE CONDITtONOFTHISOBLIOATION ~ SUCH l~twlm~n~thePrincipalhnssubmil~edth~
accot~am~ , 6,-~, .~ ~ ,
Cit,y of Aventura SRS/q~} Biscayne 5~6 ~andscape Improvements
Bid No. 00-05-31-3
OO¢32 - 1
~ ~ENC~ OF:
Vila and Son Landscapina Corp.
20451 S.W. 2,16 S,t~eet
Miami. FL 33%70,
305-255-9206
~t~. Z~b~, ittorney In Fact
00432 - 2
eStPaul
POWER OF ATTORNEY
Seaboard Surety Conrpany United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters~ Inc.
St. Paul Mercury Insurance Company
Power of Attorney No. 21810 Certificate No.
. 84005
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the Stare of Wisconsin (herein collectively called the "Companies'), and that the Companies do
hereby make, constitute and appoint
Thomas L. Webb, Ralph Munoz Callander and Armro Francisco Hoyo
Miami Springs Florida
of the City of ., State , theft true and lawful Attomey(s)-in.Fact,
each in their separate capacity if more than one is aamed above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds
IN WITNESS WHEREOF, the Companies have caused this insttume
Seaboard Surety Company
St. Pau
St. Paul Mercur>
State of Maryland
City of Baltimore
~s allowed by law.
day of May 2000
Itates Fidelity and Guaranty Company
Zidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
MICHAEL R. MCKIBBEN, Assistant Secretary
On this 16th day of May 2000 , before me, the undersigned officer, personally appeared John 1~ Phinney and
Michael R. McKthben, who acknowledged themselves to be the Vice P~esident and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument axe the corporate seals of
said Companies; and that they, as such, being authorized so to do, execated the foregoing instrument for tbe purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
REBECCA EASLEY-ONOKALA, Notary Public
~,,,.86203 Rev. 11-99 Printed in U.S,A. .~'
SECTION 00434
LIST OF PROPOSED SUBCONTRACTORS
BIDDER shall list all Proposed Subcontractors to be used on this project ffthey are awarded the Contract.
CLASSll*ICATION
OF WORK
LANDSCAPE
IRRIGATION
ELECTRICAL
PAVING
NAME AND ADDRESS
OF SUBCONTRACTOR
This is not an order
END OF SECTION
00434- 1
SECTION 00450
BIDDER QUALIFICATION STATE1VIENT
The BIDDER's response to this questionnaire will be utilized as part of the C;~ty's overall Bid Evaluation and
Contractor selection.
1. Number of similar Projects completed with a contract price in excess of $1,000,000.00:
a) In the past 5 years 9 On Schedule 1007o
Original contract price ovemm average % +/- 107o
b) In the past l0 years 11 On Schedule 1007o
Or/~nal contract price ovemm average %. +/-
List last three (3) completed Projects with a contract price In excess of $500,000.00.
ProjectName B~omynm ~ Landscape Improvements
OwnerName C~gy of Aventura
Owner Address2999 NE 191 Street
Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date
Original Contract Price
Actual Final Conlract Price
ProjectNan~ NE 190th Street Iml~rovements
OwnerName CSty of Aventura
OwnerAddress2qqq ME lql Street
Aventura. Fi. 33180
Original Contract Completion Time (Days)
Ori~nal Contract Completion Date
Actual Final Contract Completion Date
Original Contract Price .. ,
Actual Final Contract Price
ProjeotName NE 207th Street Improvements
OwnerName City ~f Aventura
OwnerAddmss2999 NE 191 Street
AveBtura. Fi. 33180
Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date
Original Contract Price
Actual Final Contract Price
00450- 1
Current workload - Project~ in excess of $300,000.00
Project Name OwnerName Con~actPdce
Strem~ Bmautificotion City of Tamarac 396,800.00
Griffin Road FDOT 1,200,000.00
A1A Hollywood FDOT 520,000.00
Holiday Park City of Ft. Lauderdale 750,000.00
3. The following information shall be provided for this project
a) Estimated total construction man-hours ~t
b) Percent man-hours to be performed by Contractor's permanent staff
c) Permanent mnn-houm to be performed by direct hired employees for this project
O
d) Percent man-hours to be performed by Subcontractors { ~ 7'
The following information shall be att~hed to the bid.
a) Contractor's home office organization chart
b) Contractor's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site soperintandent
5. List and describe any:
a) Bankruptcy petitions filed by or against the BIDDER or any predecessor orga-i~ations,
b) Any arbitration's or civil or olSminal proceedings or
c) Suspension of contracts or debarring from bidding by any public agency brought against the BIDDER
in the last five (5) years.
6. Governmental References:
List other Governmental Agencies or Quasi-governmental agan~ies for which you have done business
within the past five years.
Name Of Agency:
Address:
Telephone No.
Contact Person:
Name Of Agency:
Address:
Telephone No.
Contact Person:
Name Of Agency:
Address:
Telephone No.
Contact Person:
Type Of Project:
City of North Miami Beach
~080 NE 160th St~eet~.North Miami Beach, Fl.
305-948-2980
Mr. Carlos Rivero
Several
Bal Harbour Village
655 96th Street
305-866-4833
Mr. Alfred Treppeda
Roadway Beautification
F.D.O.T.
District 4
954-797-853O
Mr. Carl Higgins
Several
END OF SECTION
00450-2
H~E OFFICE OR -~NI~TIONAL CHART
OF
VILA AND SON LANDSCAPING CORPL
NIANI, FLORIDA
TP. OY HU.ER
lMlju aquin Amadeo
f 'MLLbS.tl C -INT~o
1 F Ad.±an R±ve~o
ACCO,h% k~-~',8_E / PAYA..tLE
?AY~.L
JC~n~Sl
PROPOSED PROJECT ORGANIZATION CHART
OF
VlLA AND SON LANDSCAPING CORP.
MIAMI, FLORIDA
JUAN C. VILA
.PRESIDENT
RICARDO LEAL
VICE PRESIDENT/
PROJECT MANAGER
SANTIAGO MEDEROS
GENERAL SUPERINTENDENT
SUPPLIERS
ARIEL CABALLERO
RRIGATION SUPERINTENDENT
iRRIGATION FOREMAN
PROJECT SUPERINTENDENT
CREW FOREMAN
SUBCONTRACTORS
RICARDO L. LEAL
6825 SW 59 STREET
MIAMi, FLORIDA 33143
EXPERIENCE:
ylLA AND SON LANDSCAPING CORP,., Miami, Fla.
_Vice presider!!;
Responsible for all project estimating and project
administration · Directly involved in all facets of
operations.
April 1989 Present'
~DADE COUNTY pUBLIC SCHOOLS, Miami, Fla.
¢Loordinator II, Maintenance Dept.- Groends
Head of department responsible for the maintenance
and in-house construction of all athletic fields,
parking facilities, fence lines, irrigation systems,
new landscapes, and miscellaneous projects and
activities related to school grounds district wide
(300+ schools). Also responsible for the review and
approval of' all new site related
construction, during both, design and build phases.
September 1988 April 1989
_VILA AND SON LANDSCAPING C.,ORP., Miami, Fla.
pro!ect Manager Estimator,.
March 1987 September 1~88
~ERRASCAPE OFMIAMI INC,. Miami, Fla.
~ice president, Ger~eral Manaae_r
Responsible for all operations of five acre container
plant nursery, specializing' in woody ornamentals in
#1 and #3 containers.
August 1985 March 1987
~EClO NURSERY CORP,, Goulds, Fla.
Responsible for sales and all
thirty seven acre treefarm and
hornamentals nursery.
October 1984 August 1985
field activities of a
containarized woody
OF 2
p, ECIO AND ASSOCIATES. INC.. Lal~dscape Contractor.
Miami, Fla.
Proiect .Superinter)dent Assistant Estimator
June 1984 October 1984
LANDSCAPERS OF COODNUT GROVE. Miami, Fla.
~ales, Purchasing and Field Suoervision,
Mostly involved with residential land~cape projects.
December 1982 June 1984
~SONESTA BEACH HOTEL AND TENNIS CLUB. Key
Biscayne, Fi.
,Assistant Landscape Manage[
Department responsible for the maintenance and
upkeep of all Hotelgrounds, including twenty villas
beach area.
May 1982 December 1982
and
GREEN TOUCH INC., Miami, Fla.
~Nursery Attendan.~;'
Responsible for customer service
upkeep of retail nursery.
May 1981 August 1981
LANDSCAPERS OF CNUT GROVE.
yVorking Foreman - Laborer_
August 1979 March 1981
and inventory
Miami, Fla.
SANTIAGO MEDERO
11384 S.W. 6TH STREET
MIAMI, FLORIDA 33174
EXPERIENCE:
VILA AND SON LANDSCAPING CORP,, Miami, Fla.
P. Prg]ect Superintendent
Responsible for all coordination and field
supervision of major.projects.
Major projects completed: Collins Ave. Beautification
Ph. 1, Bal Harbour; 5th Street Beautification, Miami
Beach; Broward Landfill -Contract 3; Gratigny Parkway,
Miami Lakes; Ft. Lauderdale Beach Revitalization,
Broward Resource Recovery Facility.
January 1991 - Present
R~ECIO AND ASSOCIATES INC., Landscape Contractor-
Miami, Fla.
?roject Superintendent.
Same as above. Major projects completed: Bayside
Marketplace, Rickenbacker Causeway, U.S. I Medians
(Coral Gables).
February 1986 December 1990
~,ECIO AND ASSOCIATES iNC.. Landscape Contractor.
Miami, Fla.
_Equiprpe~t Maintenance Mal~ag~
Responsible for the maintenance and upkeep of all,
heavy equipment, tractors and vehicles owned and
operated.
July 1984 February 1986
RE" GRA CONSTRUCTION CO.. Miami, Fla.
F_oreman
Supervised crew in roadway construction projects..
May 1981 July 1984
DADE COUNTY
TAX COLLECTOR
140 W. FLAGLER ST.
14th FLOOR
MIAMI, FL 33130
10~9 OCCUPA~;:]ONAI~ LICENSE TAX 2000
MIAMI-DADE COUNTY - STATE OF FLORIDA
EXPIRES SEPT. 30, 2000
MUST BE DISPLAYED AT PLACE OF BUSINESS
PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
BUSINESS NAME / LOCATION LICENSE
VILA & SON LANDSCAP[N~ C~RP
D~ITO UNIN DADE CDHNTY
VILA { SON LANDSCAPING CGRP
S~. ~pe ol Busings EMPL~EES
213 LAWN/LANDSCAPE/TREE SERVICE
~ OF mE COU~ OR DO NOT FORWARD
~'X~'~UC'"'E~uc~, V[E.A [ SQN LANDSCAPING CORP
.c~T,o. o~ ~ 20451 SW 216 57
~,. MIAMI FL 33170
Z30000~45
O00~tOO
SEE O~ER SIDE
DADE COUNTY
TAX COLLECTOR
140 W. FLAGLER ST.
14th FLOOR
MIAMI, FL 33130
lS~e OCCUPATIONAL LICENSE TAX 2000
MIAMI-DADE COI~N~-Y - STATE OF FLORIDA
EXPIRES SEPT. 30, 2000
MUST BE DISPLAYED AT PLACE OF BUSINESS
PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
BUSINESS NAME / LOCAI1ON
VILA & SDN lANDSCAPING CDRP
331'10 UNIN DADE CDUNTY
OWNER
VILA C SON L~NDSCAPING
196 SPECIALTY
FICA~ON OF THE
LICENSEE'S QUA~FICA-
DADE COU~ TAX
08/2~/t909
230~0609
00OO63~O
SEE OTHER SIDE
RENEWAL
LICENSE NO, 324575--0
C C I~ 98PO00194
B
DO NOT FORWARD
VtLA ~ SDN LANDSCAPING CORP
JUAN CARLDS VILA~PRES
20451 SW 216 $1
MIAMI FL 33170
h,ll,,,li,,.lll,,,llh,,,,,Ih,,llll..Ih.hh,.ll.hll
TA~ ~DLLECTOR ~ooo
140 W. FLAGLER ST. ~ SEPT. 30, 2000
14th FLOOR
MIAMI, FL 33130 MUST BE DISPLAYED AT PLACE OF BUSINESS
PURSUANT TO COUNTY CODS CHAPTER 8A - ART. 9 & 10
BUSINESS NAME / LOCATION
OWNER
SEE OTHER SIDE
DO NOT FORWARD
),,Ii,
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
SECTION 00454
NON-COLLUSION AFFIDAVIT
State of Florida )
) ss
County of Dade )
Juan C. Vtla
being first duly sworn, deposes and says that:
O)
He/She/They is/are the President
(Owner, Partner, Officer, Representative or Agent) of
~$1a and Son Landscaping Corp. the BIDDER that has submitted the attached Bid;
He/She/They is/are fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances mspocting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4)
Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, dixectly
or indirectly, with any other BIDDER, firm, or lXxson to submit a collusive or sham Bid in connection with
the Work for which the attached Bid has been submitted; or to refiain from bidding in connection with such
Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or
conference with any BIDDER, firm, or person to fix any overhead, profit, or cost elements of the Bid or of
any other BIDDER, or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any
other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage againn* (Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not taintedby any cellusion, couspiracy,
connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners,
employees or parties in interest, including this affiant.
00454
$ig~.~ealed and.~ ~ver
~ (Printed ~ahe)
President
(Title)
ACKNOWLEDGMENT
State of Florida
County of Dade
Onthisthe 9th dayof Juno , ~ 2000, beforeme, the undersigned Notary
Public o f The State o f Florida, personally appeared
Juan C. Vila and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to the within instrument and he/she/they acknowledge that he/she/they executed it.
WITNESS my hand //~"1~
and official seal. // ff ~~--~ ~ --
NOTARNFI~IC, STATE OF FLORIDA
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: Print, Sta~.p.,
Jll Personally known to me, or
(Type of Identification Produced)
reDID take an oath,
or
I~ DID NOT take an oath.
OPTIONAL INFORMATION:
Type Of Documem:
Number of Signatures Notarized:
Number of Pages:
END OF SECTION
00454 -2
SECTION 00456
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who
has been placed on the convictedvendor 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 to perform Work as a Contractor, mpplier, Subcontractor, or Consultant under a
Contract with any public entity, and may not lxansact business with any public entity in excess of the threshold amount
Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list".
CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's
must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or
employee of the City of Aventura or li's agencies.
00456- 1
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORH)A STATUTES, ON PUBLIC ENTrrY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
O~'~ICIAL AUTHORIY~,D TO ADMINIS'Ik;R OATHS.
This swom statement is submitted to City of Aventura by Juan C. Vila~
President for Vila and Son Land~cping C~rp.
_ whose basiness address is 20451 SW 216th Street,
Miami, Fl. 33170 and(if applicable)
its Federal Employer Identification Number (FEIN) is _5_q,=231Ua~0F the entity had no FEIN, include the
Social Security Number of the individual signing this sworn statement:
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Flotida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or politieal subdivision of any other state or with the United
States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering conspiracy, or material misrepresentatiom
I undemand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Flomla Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal
or state trail court of record relating to charges brought by indictment or information after Suly 1, 1989, as
a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
Any entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholdem employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prime facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
I understand that a "p~son" as defined in Para~ 287.133( 1 )(e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United States with the legal power to enter into a binding
Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public
entity, or which otherwise tmmacts or applies to transact business with a public entity. The term "persons"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in management of any entity.
Based on information and belief, the statement which I have marked below is tree in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
}( Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives,
puntners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
00456-2
__ The entity submitting tiffs sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida,
Division of Aclmini~trative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting llfis sworn statement on the convicted vendor list.
(Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTr 1'¥ IDENTII~'II~D IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENIII'Y ONLY AND,
THAT THIS FORM IS YALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO iNFORM THE PIJBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE IlqFORMATION CONTAINED IN TFI~S FORM.
00456 - 3
.hmn C. Vila
(Printed Name)
President
fri~e)
Sworn to and subscribed before me this
Personally known X
9th day of June ,~ 2000
Or Produced Identification Notary Public - State of ~
My ~xpires
Cry~ of~d~nt~catio~) f//c_.~.__~--~ ~ _~
END OF SECTION
00456-4
CITY OF AVENTURA
S.IL $/LT.S. 1
BISCAYNE $&6 LANDSCAPE IMPROVEMENTS
BID NO. 00-0~-31-3
ADDENDUM NO. 1
May 26, 2000
Bidders are required to acknowledge receipt of the ADDENDUM on Page 00410-1 and by signing
the attached form and attaching it to their Bid. Failure to do so may cause the bid to be considered
non-responsive and subject to rejection.
SPECIAL NOTICE TO BIDDERS
The bid has been extended to June 9, 2000, Sealed bids will be received at the Office of the
City of Aventura, 2999 NE. 191't Street, Su/te #500, Aventura, Florida, 33180, until 3:00 p.m.,
Friday, June 9, 2000 at which time they will be opened and read aloud for:
S.R. 5/U.S. 1
BISCAYNE 5&6 LANDSCAPE IMPROVEMENTS
BID NO. 00-05-31-3
VI~RR
20451 SW 216th St.
Miami, Fl 33170-1106
CITY OF AVENTURA
S.R. 5/U.S. 1
BISCAYNE 5&6 LANDSCAPE IMPROVEMENTS
Bl]) NO. 00-05-31-3
ADDENDUM NO. 2
June 2, 2000
¥tg~ & SON LANDSCAPING CORP.
20451 SkV 216th SL
Miami, FL 33170-1100
Bidders are required to acknowledge receipt of the ADDENDUM on Page 00410-1 and by signing
the attached form and attaching it to their Bid, Failure to do so may cause the bid to be considered
non-responsive and subject to rejection.
Please take notice of the following revisions, clarifications or additional information on the
above referenced project.
The Contract Documents, Specifications and Drawings are hereby amended as follows:
CHANGES TO BID DRAWINGS:
Sheet IR-4 and IR-7:
Relocate Irrigation Controller and Rain Sensor located at
Sta.512+10 on Sheet IR-7 to Sm. 508+40 on Sheet IR-4. Refer to
Landscape Plans for station points.
2. Sheet IR-9:
Irrigation Specifications and Notes: Date in second Paragraph
should read April 28, 2000, not January 3, 2000.
3. Sheet tR-9:
Irrigation Specifications and Notes: Scale in third Paragraph
should read 1:250 (metric), not 1"=20'-0".
Sheet E-1 and E-2:
Scale on Electrical Plans has been revised. Scale is now
l:100(metric), not 1"=20'-0". The irrigation controller and service
rack has also been relocated. See attached Sheets E-1 and E-2.
CHANGES TO TECHNICAL SPECIFICATIONS:
Page 004104 of the Specifications:
Remove Ref. Section 02722, Asphalt Paving.
Addendum No. 2
Bid No. 00-05-31-3
June 2, 2000
Page 00410-5 of the Specifications:
Change Conocarpus Erecms (Green Buttonwood) to Cocos
Nucifera 'Maypan' (Coconut Palm) and provide unit price.
Page 00410-6 of the Specifications:
The unit for "Planting Soil in Place" is to be cubic yards (CY).
Page 00410-4 to 00410-6 of the Specifications:
Remove all Subtotals from Schedule of Values.
&'SON LANDSCAPING CORP.
20451 SW 21$th St.
~u~ 07 O0 ll:Ola p.2
CITY OF AVENTURA
S.P~ 5/U.S. 1
BISCAYNE 5&6 LANDSCAPE IMPROVEMENTS
BID NO. 00-05.31-3
ADDENDUM NO. 3
June 7, 2000
Bidders are required to acknowledge receipt of the ADDENDUM on Page 00410-1 and by signing
the attached tbrm and attaching it to their Bid. Failure to dose may cause the bid to bo considered
non-responsive and subject to rejection.
Please take notice of the following revisions, clarifications or additional information on the above
referenced project.
The Contract Documents, Specifications and Drawings are hereby amended as follows:
CHANGES TO TECHNICAL SPECIFICATIONS:
Page 01500-1 of the Specifications:
Revise first paragraph to read:
CONTRACTOR shall provide and pay for all temporary fhcilities
required for the project. This shall include but not be limited to:
Temporary electricity
Temporary water, including irrigation water until final
acceptance
Temporary sanitary facilities
Temporary secured fenced compound .(if required)
Temporary telephone service
~1~ APING COR~P*
~ SL
Miami, FL 33170-1106
JUN. 07 ' 00 (WED) 11:48 COM]MUNICATION No:l PAGE. 2
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Cultural Center Phase II Feasibility Study
July 11, 2000 City Commission Meeting Agenda Item ~/,¢~'~ ,./
At the June Workshop Meeting it was the consensus of the Commission to proceed with
Phase I of the subject study.
Therefore, the following motion has been placed on the Agenda: Motion to Authorize
the City Manager and the Consulting Firm of R.J. Heisenbottle Architects, P.A. to
Proceed With Phase II of the Cultural Center Feasibility Study.
If you have any questions, please feel free to contact me.
EMS/aca
CC0893-00
December l, 1999
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 NE 191st Street
Suite 500
Aventura, FL 33180
HEISENBOTTLE
A R C H I T E C T 5
RE: CITY OF AVENTURA FLORIDA
CULTURAL CENTER FEASIBILITY STUDY
CONSULTING AGREEMENT - REVISED
Dear Mr. Soroka:
R. J. Heisenbottle Architects, PA is pleased to submit the following revised
proposal on the feasibility of creating a cultural arts complex for Aventura,
Florida. The City of Aventura is interested to learn the feasibility of
developing a cultural center for the community. As part of the discovery, the
City will retain experts in the fields of architecture, theatre consulting and arts
management to explore the viability of such a project for the conununity.
The following document is an agreement to conduct the study on behalf of
the City of Aventura.
We are pleased to submit this agreement in conjunction with our consultants,
Theater Projects Consultants, Inc. and Webb Management Services, a
performing arts management consulting practice, for the needs assessment
and feasibility study for new cultural facilities. Material describing the skill,
capabilities and relevant experience of R. J. Heisenbottle Architects, Theatre
Projects Consultants and Webb Management Services has previously been
given to the City of Aventura in response to their Invitation to Submit
Qualifications #99-9-24- l 0.
Very truly yours,
R. J. HEISENBOTTLE ARCHITECTS, PA
!\ / ard J. Heisenbottle, AIA
(P~sident
Enclosure
CITY OF AVENTURA CULTURAL
ARTS CENTER FEASIBILITY STUDY
A Proposal to:
THE CITY OF AVENTURA, FLORIDA
Submitted by:
R. J. Heisenbottle Architects, P.A.
340 Minorca Avenue, Suite 10
Coral Gables, FL 33134
December 1, 1999
1. PROJECT MANAGEMENT AND ORGANIZATION
Personnel assigned to the Aventura Study are specialists in the planning and design of arts and
entertainment spaces as well as the needs assessment and market analysis. Each of these individuals
has skills and credentials most relevant to this project. Complete biographies of all assigned personnel
were included with our earlier proposal. Highlights are as follows:
Richard J. Heisenbottle, President of R. J. Heisenbottle Architects, PA, will be Principal-in-Charge
of the Project. Mr. Heisenbottle has more than 26 years of experience in all aspects of the profession
of architecture and interior design as well as theater design and consulting. Most recently, Mr.
Heisenbottle's firm has been responsible for such projects as the Overtown Lyric Theater Ancillary
Building, the Kings Point Theater for the Cultural Arts in Tamarac, Florida, Gusman Center for the
Cultural Arts, Athens Theater in Deland, Florida and the Wynmoor Community Theater in Coconut
Creek, FL. In addition he assisted the City of Homestead, Florida with a Feasibility Study for the
renovation and reuse of the historic Seminole Theater, and helped them develop a master plan to make
the best use of the structure and the adjacent site. R.J. Heisenbottle Architects, PA was established in
1987 and has been a leader in its field since its inception.
Victor Gotesman, President of Theatre Projects Consultants, Inc. will be Director - in - Charge and
Project Manager for the Study. Mr. Gotesman joined TPC follo~ving a 25-year career managing and
directing the activities of various cultural arts centers. Most recently, Mr. Gotesman opened and ran
the Cerritos Center for the Cultural Arts in Los Angeles County, the nation's most innovative and
flexible cultural arts center. Continually ranked in the top 5 theatres under 3,000 seats, Cerritos is a
multi-tbrm theatre with varying seating capacities of 900-1,820. He has also directed the Fine Arts
Center Series at the University of Massachusetts/Amherst as well as programs at the University of
Montana, and the University of Nebraska/Lincoln. Mr. Gotesman is past President of New England
Presentors Consortium and has served on the Boards of the National Association of Cultural Arts
Managers and Agents, Association of Cultural Arts Presenters and the Western Alliance of Arts
Administrators.
Padraic Fisher, Consultant with Theatre Projects Consultants comes to TPC after two years as the
Managing Director of Michael Mao Dance, NYC, NY. For the past 12 years Padraic has worked
extensively in production and administration with a number of cultural arts and cultural organizations
executing a wide range of programs both international and domestic. Managing or developing
programs in performance, special events, fund raising, outreach and arts-in-education. Some of the
organizations Padraic has worked with include: Youth Build USA, New York Renaissance Festival,
First Night New Hampshire, Statue of Liberty Festival and Harlem School for the Arts. Padraic is also
the President and a member of the Board of Directors of the NYC based Indonesian Cultural
Foundation. He is a member of the International Society of Cultural Arts Presenters, the New York
State Alliance of Arts Organizations, the National Society of Fund Raising Executives, the Indonesian
American Chamber of Commerce and the Circle Club of the Asia Society.
Duncan M. Webb, principal of Webb Management Services, Inc., is a management consultant/hr the
development and operation of cultural arts facilities, and the advancement of cultural arts
organizations. Webb has completed more than 65 consulting assignments over the last ten years,
including terms with Theatre Projects Consultants and AMS Planning ar, al Research. Mr. Webb has a
degree in Economics from the University of Western Ontario and an MBA from the University of
Toronto. He is currently on the faculty of New York University's Graduate Program in Arts
Administration and has earned the Certified Management Consultant designation of the Institute of
Management Consulting.
Recent cultural arts facility feasibility studies include a Cultural Arts Center Feasibility Study for
Christopher Newport University in Newport News, VA, the Kansas City Cultural Arts Center
Feasibility Study and the Salt Lake City Cultural Arts Center Feasibility Study. For the Richmond Art
Council study, Mr. Webb would be principally focused on the market potential for new or renovated
facilities, and the financial implications of these options.
Leslie Graham, Consultant for Webb Management Services, would also work on the study. Graham
is a graduate of Boston University's Graduate School of Management (~vith a certificate in non-profit
management), and holds a Bachelor of Arts degree from Washington University in St. Louis. Her
extensive work experience with non-profit arts organizations ranges from theater production at the
Huntington Theatre Company and administration at the Jamaica Plain Arts Council, both in Boston, to
public programming at the National Gallery of Art in Washington, D.C. Recent and relevant projects
at Webb Management Services include a new facility feasibility study in Lowell, MA; a business plan
for new outdoor facilities on the campus of Purchase College outside New York City, and a business
plan/site selection exercise for a new cultural arts center in Plano, TX.
2
2. WORK PLAN FOR THE PROJECT
For this study, our Work Plan would be structured as follows and would consider five principal issues:
· Review Project with City Staff
· Facility Needs based on the Facility Inventory of Aventura/Miami region
· Community Input
· Market Analysis
· Facility Uses and Users
· Facility Assessment and Master Plan
At the end of this analysis, we will present conclusions and recommendations.
Following is a detailed description of the services we would provide to the City of Aventura. This
program of services is developed and based upon discussions with the City of Aventura and our
experience in similar communities.
PHASE 1 - NEEDS ASSESSMENT
· Review Project with City Staff/City Commission
Review the community's vision tbr cultural facilities with the City Commission in a workshop setting.
Learn from the City impetus tbr cultural facilities and explore the political environment for any
project's development.
· Cultural Arts Program & Facility Assessment
Conduct research into cultural arts programming that currently exists in and around Aventura. Assess
the venues used for programming and determine the organizations served by existing performance
spaces in the area. Conduct an architectural, acoustical and functional assessment of any existing
spaces such as schools, churches, activity centers, ballrooms, etc. and consider their appropriateness in
supporting cultural programs for the community. This assessment will lead to preliminary conclusions
and recommendations for the potential for new cultural facilities.
· Market Analysis
Consideration of the potential market for new cultural facilities in Aventura, involving several
components:
Market Area Definition and Demographic Analysis: Define the appropriate market for the
cultural arts in Aventura and describe that population in terms of size, rate of growth and
demographic factors as age, income, education level and occupation.
Patron Analysis and Market Penetration: Geo-code patron lists of major cultural arts
organizations in Aventura using the PRIZM system in order to describe existing and potential
audiences in geo-demographic terms. This exercise will allow us to suggest the penetration of
cultural arts groups into key market segments and determine the potential to build additional
audiences. Hold Town meeting for community input.
Comparable Markets Analysis: Research attendance and participation rates in comparable
markets, considering market penetration and the impact of improved or additional facilities on
participation rates for each of the major disciplines.
Organizational Profiles: Review the development and activity of major cultural arts groups in
Aventura to assess their current position and potential to develop additional audiences.
· Facility Uses and Users
Arrange to meet with local arts groups, regional presenters, entertainment providers, educators, and
community leaders to assess the demand for new or improved facilities and the likely level of activity
if new/additional facilities are developed. This will include the need for new performance spaces, as
well as the need for rehearsal, support, educational and other complimentary facilities.
· Regional Facility Assessment and Master Plan
Consider the use and evaluate the condition of other cultural arts facilities in the region. Suggest the
optimal role for each within the regional inventory of facilities, and what types of improvements or
changes might be appropriate to optimize their contribution to the cultural life of the region.
· Phase I Conclusions
Based on the above, suggest whether new facilities ~vould be appropriate in Aventura, describing these
facilities in terms of their physical components, capacities and relationship to other facilities. Present
these findings and preliminary recommendations in Aventura. If no new facilities were appropriate in
terms of market support and potential need, the study would end at this point. Further, even if a new
facility were appropriate, study would not proceed to Phase 2 unless agreed by the City, at the City's
sole descression. PHASE 2 - CULTURAL ARTS FACILITY - CONCEPT DEVELOPMENT
· Based upon Phase 1 conclusions, make recommendation on:
· Construction ora new cultural arts center to serve as a primary facility for all major cultural arts
organizations and presenters.
· Review various site options and make recommendations on options and implications.
· Prepare cost estimates for the development of new cultural facilities.
· Prepare a preliminary pro ~brma of programs and events for a new cultural arts facility.
· Prepare a preliminary space program for the cu tural arts facility based on the needs of potential
users, audiences and owners.
· Develop a Pro-forma operating model that includes governance and operations.
· Generate proposals and a budget for specialist performance equipment, including where appropriate, stage
rigging and machinery, stage lighting, sound~ film and video, audio-visual, performance communications,
seating and stage furnishings.
· Develop an order-of-magnitude construction budget for the facility, based on the program outlined above.
This estimate would address the following areas:
° site preparation and development
° infrastructure
° new construction
° performance-related equipment
° furnishings, fittings and equipment
o landscaping
° roads and parking
° design and post-construction contingencies
° design team fees
· Recommend a management structure and staffing requirements for the cultural arts facility. Suggest
models for governance between the community and the facility users. Include salaries and wages lbr full-
time and part-time personnel. Recommend joint-use policies, maintenance agreements and direct rental
arrangements consistent with the recommended operating model and staff resources.
· Prepare an operating pro forma for the first three years of operation of the new theatre. Estimate
anticipated revenues and expenses from all sources, including:
o ticket sales and rentals
° box office charges
° food and beverages and other concessions
° salaries and benefits
° utilities, maintenance and capital eplacement
° presentation costs
° insurances and administration
° advertising
· Provide guidance on the implementation of the project, including a specific work plan and a cash flo
forecast for the disbursement of the capital funds through the development.
· Investigate the potential sources of funding available to support the construction and operation of ne
cultural arts facilities. This will include a review of all public funding sources at local, State and Feder
levels and private funding from corporations, foundations and individuals.
· Deliver a Final Report at the end of this phase outlining all of the analysis, conclusions and
recommendations. Present these findings to the Client.
3. COST OF PROJECT
Fees for Consulting Services: We would propose lump sum fees /hr each of the study components
outlined above. These fees are subject to negotiation based on any changes to the scope of services
required by the City of Aventura, the schedule and fees for the study components including the number
of trips to Aventura are:
Phase
Phase 1-Needs Assessment $27,380
Phase 2-Concept Development $49,620
Total Fee - $77,000
Fee Length
6-8 weeks
12- l 4 weeks
Expenses of ground and air transportation, accommodations, communications including FedEx,
postage, and phone calls for the team are included above. Also included are 6 copies of the final
report. Additional copies will be made available to the City at cost.
Fees for Additional Services: Charges for additional services would be based on prevailing hourly
rates. Rates would be increased each year based on Consumer Price Index inflation in the prior year.
Architectural Project Manager
President
Principal Consultants
Senior Consultants
Consultants
$90.00
$175.00
$158.00
$137.00
$116.00
1999 rates are as follows:
4. ADDITIONAL TERMS
R. J. Heisenbottle Architects, PA reserves the right to re-negotiate fees if there are meaningful
increases to the scope of work as requested by the City of Aventura. Such alterations would be made
at the time that an additional scope of work is requested. In phases where De-Scoping exercises are
undertaken, reductions in scope will not reduce the contracted fee, unless agreed.
5. SCHEDULE
If the project extends more than three months beyond the established schedule in any phase, through
no fault of RJHA, RJHA will have the right to request additional service tees for that phase. If the
project is put on hold by the CITY through no fault of RJHA for more than three months during any
phase, RJHA will have the right to request additional service fees tbr an agreed upon re-start period.
6. BILLING
RJHA will issue monthly invoices at the end of each month ~br each phase of the project, such
amounts to be based on the percent complete the work for that phase.
7. PAYMENT
The Client shall approve these invoices or advise in writing within fifteen days of receipt of invoice as
to reason for non-approval. The Client shall pay the invoices in full within a period of thirty days by
check sent by mail to R. J. Heisenbottle Architects, PA, 340 Minorca Avenue, Suite 10, Coral Gables,
FL 33154, or any other address as may be advised in writing from time to time. Invoices are fully due
and payable when received. Interest shall be charged at a rate of 1½% per month on amount
outstanding for more than 30 days. In the event that full payment of invoices is not received within 60
days, RJHA reserves the right to cease providing services.
8. COPYRIGHT AND CREDIT
RJHA and its consultants shall retain copyright on theatre designs that we create. RJHA and its
consultants shall also be credited as theatre design consultant on any promotional material associated
with the Project and on any signage at the construction site, should the project go forward beyond
Phase 2, in accordance with the Phase 2 design.
9. PERIOD OF VALIDITY
The terms described in this proposal must be accepted within 90 days from the date of issue.
If this agreement is acceptable, please acknowledge your acceptance of the terms and conditions by
signing below. Please return a signed copy to R. J. Heisenbottle Architects, PA.
10. WORK PRODUCT
All original sketches, tracings, drawings, computations, details, design calculations, work papers and
other documents and plans that result from RJHA providing services hereunder shall be the property of
RJHA, subject to CITY's right of use under the Agreement. Upon request, CITY shall receive a copy
of said documents. Upon termination of this Agreement, or upon request of the CITY during the term
of this Agreement, the originals of any and all such documents shall be delivered to the CITY by
RJHA upon payment for the pertinent portion of services under this Agreement. RJHA shall have no
liability for any use by the CITY of said documents, without the continued involvement of RJHA.
11. INSURANCE
RJHA shall indemnify, defend and save harmless CITY from any claim, demand or
damage arising out of RJHA's pet "ormance or out of RJHA's activities under this
Agmement.
RJHA shall at all times carry professional liability insurance, workers' compensation
insurance, comprehensive general liability insurance and automotive liability insurance
with minimum policy limits for each coverage in the amount of Three Hundred
Thousand Dollars ($300,000.00) per occurrence, single limit, for property damage and
bodily injury, including death, except that the dollar amount of workers compensation
coverage shall be as provided by chapter 440, Fla. Stat. The CITY shall be named as an
additional insured on all of the above insurance policies, to the extent permitted by law.
Each insurance policy shall state that it is not subject to cancellation or reduction in
coverage without written notice to the CITY 30 days prior to the effective date of
cancellation or reduction of coverage.
12. ASSIGNMENT
This Agreement shall not be assignable by either party.
13. PROHIBITION AGAINST CONTINGENT FEES
RJHA warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for RJHA, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any persons(s), company, corporation, individual or firm, other than a bona fide
employee working solely for RJHA, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
PREPARED AND OFFERED BY:
R. J. HEISENBOTTLE ARCHITECTS, PA
kd{ICI-lARD J. HEISENBOTTLI~, AIA
President
/z · ~. Cf
Date
AGREED AND ACCEPTED BY:
~il~cnatdr~oroka
City Manager
City of Aventura, Florida
Date
9
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, (T~~
~velopment Direct~
Request of D. Softer and B. Redlich for Final Plat Approval
Tract TT Replat (08-SUB-00)
Submerged Land east of NE 39th Place, Aventura
Porta Vita Townhouse Development
July 11, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the Tract TT Replat Final
Plat.
THE REQUEST
The applicants, Donald Softer, Trustee and Bernard Redlich, Trustee, are
requesting Final Plat approval of the subject property with the intent of conveying
Tract A to the owner of Lot 1. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Donald Softer, Trustee
Bernard Redlich, Trustee
LOCATION OFPROPERTY
Submerged Land east of NE 39th Place
in the Porta Vita Townhouse
Development (see Exhibit #2 for
Location Map)
SIZE OF PROPERTY
Approximately 0.161 acres
LEGAL DESCRIPTION
a replat of Tract TT, Fifth Addition, Biscayne
Yacht and Country Club, according to the plat
therefore as recorded in Plat Book 99 at Plage
20, Public Records of Miami-Dade County,
Florida
DESCRIPTION
The applicants propose to convey submerged lands lying adjacent to Lot 1 in
order that the owner of Lot 1 may construct a dock on their property. A Unity of
Title will be created for Lot 1 and the new Tract A on this plat. Tract B will remain
as part of the common area to the Porta Vita development.
ANALYSIS
Site Plan - Tracts A and B are submerged lands. No site plan is required. The
owner will be required to obtain a building permit from the City and receive
approval from all agencies having jurisdiction, prior to construction of= the dock.
Tentative Plat - The tentative plat was approved by the City on March 24, 2000
and subsequently approved, with standard conditions, by Miami-Dade County on
April 21, 2000.
Zoning- The site is zoned RMF4, Multi Family High Density Residential,
according to the City of Aventura Zoning Map.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential
Access- The residence and proposed adjoining submerged tract are
accessed by NE 39th Place.
2
BILZIN SUMBERG DUNN PRIC£ & AXELROD LLP
$~c27,2~0
Ms. Brenda Kelley
Chief of Community Development Director
City o/'Aventura, Concom'se C~nter 2
2999 N,E. 191 St., 5th Floor
Avcntura~ FL 33180
Via Hand Delivery
Re: Replat of Tract TT
Dear Brenda:
Pursuant to your department's roles and regulations, please consider this our formal letter of
intent in connection with a City o fAventura application for final plat. The undersigned represents
Mark and Ga/1 Gordon, the prospective purchasers of the approximate 0.161 acre parcel consisting
of submerged lands adjacent to their residence at Northeast 199th Street and Northeast 39'" Place.
The owners of the property are currently Donald Soffer and Bernard Redlich, as Trustees
under Land Trust No. SR-1, pursuant to file temls of that certain Land Trust Agreement dated July
1, 1987. Mark and Gaff Gordon are proposing to pu~chaso the portion of Tract TT that is adjacent
to their residence located at 19951 N.I/. 39th Place, Aventura, Florida in order to construct a dock
on their property. This portion of Tract TT is redesignated as Tract A. Therefore, Lot 1 and Tract
A are intended to be owned by the same owner, and a Unity ofT/fie will be placed on Lot 1 and
Tract A once Tract A is transferred to the Gordons.
The dock was anticipated f-rom the inception of the purchase and because the entire
submerged lands are platted as a separate tract, this replat is necessary. Separation of the submerged
land adjacent to the Gordon's residence will allow properly permitted docks to be placed on the
property by the owner rather tlmby third parties.
EXHIBIT #1
08-SUB-00
BILZIN SUMBERG DUNN PRICe & AX£LROD LLP
Ms. Brenda Kelly
June 27, 2000
Page 2
Lastly, I have attached check number 12257, drawn on the account of Bilzin Sumberg Dunn
Price and Ax¢lrod, in the amount of $300.00 representing the fee charged to the City for review of
the plat.
Thank you for your attention to the foregoing. Should you have any questions regarding the
above, please do not hesitate to contact me at (305) 350-2374.
Sincerelyc3~'~
Stanley B. Price
SBP/wp
Enclosure
G:\DMS\72025\09192\0300265.01
6/27/00
Subject Site
LEGEND
EXHIBIT #2
08-SUB-00
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A REPLAT
OF TRACT TT, SE 1/4 OF SECTION 35, TOWNSHIP 51
SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Donald Softer, Trustee and Bernard Redlich, Trustee, by and
through Application No. 08-SUB-00, have requested Final Plat approval for a replat of
Tract TT, SE ¼ of Section 35, Township 51 South, Range 42 East, City of Aventura,
Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and
made a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that Final
Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for a replat of Tract TT, SE ¼ of Section 35,
Township 51 South, Range 42 East, City of Aventura, Miami-Dade County, Florida as
more particularly described as:
TRACT TT, FIFTH ADDITION BISCAYNE YACHT AND
COUNRY CLUB, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 99 AT PAGE 20, PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
is hereby granted exclusively to the Applicant.
Resolution No. 2000-
Page 2
Section 2.
face of the Plat.
Section 3.
The City Manager and City Clerk are hereby authorized to sign the
This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
upon its
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 11th day of July, 2000.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No. 2000-
Page 3
This Resolution was filed in the Office of the City Clerk this , day of July, 2000,
CITY CLERK
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission
Eric M. Soroka, ~.
jBi~d2a0~i;;, Comr ~Opment Direct [.~
Request of Beit Yaacov, Inc. for Final Plat Approval
Beit Edmond J. Safra Synagogue (07-SUB-00)
Mystic Point Drive, Aventura
July 11, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the "Beit Edmond J. Safra
Synagogue" Final Plat.
THE REQUEST
The applicant, Beit Yaacov, Inc., a Florida Not for Profit Corporation, is
requesting Final Plat approval of the subject property with the intent of
constructing a synagogue. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Belt Yaccov Inc., a Florida Not for Profit
Corporation
LOCATION OFPROPERTY
Mystic Pointe Drive (see Exhibit #2 for
Location Map)
SIZE OF PROPERTY Approximately 1.401acres
LEGAL DESCRIPTION
A portion of Tract EE, Fifth Addition, Biscayne
Yacht and Country Club according to the plat
recorded in Plat Book 99, Page 20 of the
Public Records of Miami-Dade County, Florida
and a portion of Tract 4 of North Biscayne
Acres according to the Plat recorded in Plat
Book 40, Page 99, of the Public Records of
Miami-Dade County, Florida
DESCRIPTION
The applicant is currently in the process of constructing a synagogue on this site
located between Mystic Pointe Drive and the Intracoastal Waterway, below the
William Lehman Causeway. Final plat approval is required prior to occupation of
the religious facility.
ANALYSIS
Site Plan - A site plan for the synagogue was administratively approved by the
City on November 4, 1997. Prior to receiving site plan approval, City
Commission granted several non-use variances through Resolution 97-76, due to
the irregular shape of the lot, existing easements on the property and its location
under the William Lehman Causeway.
Tentative Plat - The original application for tentative plat for this property was
made in September of 1991. The applicant had attempted to extend that
tentative plat process after taking title, however, it was determined by the County
that a new application was required. The new application was given
administrative approval by the City on April 11, 2000 and subsequently, received
approval by Miami-Dade County on May 26, 2000.
Zoning - The site is zoned RMF4, Medium High Density Residential District,
according to the City of Aventura Zoning Map. A synagogue is a permitted use
within this district.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential.
Access - The site is accessed from Mystic Pointe Drive.
LR;(/OFFICES
ROSENTHA£
A partnership of Professional Associations
March 20, 2000
EDUARDO I. RASCO
ALAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACI H. GENET
JESSICA B. LASSMAN
GARY lAN NESBI'UF
City of Aventura
Planning and Zoning
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Re:
Applications For Tentative and Final Plat
Beit Yaacov, Inc.
19275 Mystic Point Boulevard, Aventura, Florida 33180
Ladies and Gentlemen:
This Office represents Beit Yaacov, Inc., the Applicant. The Applicant submits herewith this
letter of intent in conjunction with the Applications For Tentative Plat and Final Plat and would
request approval thereof by the City of Aventura.
The subject property, formerly vacant, is presently the site whereon a synagogue is under
construction in conformity with Plans and Specifications submitted to the City of Aventura. The
Plans and Permits issued by the City comply with Resolution Number 97-76 passed by the City
of Aventura on the 19th day of November, 1997. The Resolution allowing the construction of the
synagogue required the Applicant to Plat the subject property, and the Applications For Tentative
and Final Plat herewith submitted are in conformity with that requirement.
Predicated on the foregoing requirement of the City's Resolution, the Applicant requests that the
Tentative Plat herewith submitted, and thereafter a Final Plat, be approved by the City of
Aventura.
ASR:cw
Enclosure
Respectfully sub~~
BY~ ~ .~
07-SUB-O0
EXHIBIT #1
Turnberry Plaza, Suite 500, 2875 Northeast 191st Street,Aventura, Florida 33180
305.937.0300 / Fax: 305.937,131 I / E-mail: lawoffices@aol com
Subject
Site
LEGEND
07-SUB-00
EXHIBIT #2
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A FINAL
PLAT OF BElT EDMOND J. SAFRA SYNAGOGUE LYING
IN THE NW 1/4 OF SECTION 2, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Belt Yaacov, Inc., a Florida Not for Profit Corporation, by and
through Application No. 07-SUB-00, has requested Final Plat approval of Belt Edmond
J. Safra Synagogue lying in the NW % of Section 2, Township 52 South, Range 42
East City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated
herein by reference and made a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that Final
Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval of Belt Edmond J. Safra Synagogue lying in
the NW ¼ of Section 2, Township 52 South, Range 42 East, City of Aventura, Miami-
Dade County, Florida as more particularly described as:
Resolution No. 2000-
Page 2
A PORTION OF TRACT EE OF "FIFTH ADDITION
BISCAYNE YACHT & COUNTRY CLUB" ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99
AT PAGE 20 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
AND
A PORTION OF TRACT "4" OF "NORTH BISCAYNE
ACRES" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 40 AT PAGE 99 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
is hereby granted exclusively to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 3
PASSED AND ADOPTED this 11th day of July, 2000.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of July, 2000.
CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~
Eric M. Soroka, Ct'fldrg
July 6, 2000
TO:
DATE:
SUBJECT:
Resolution Declaring Equipment Surplus
July 11, 2000 City Commission Meeting Agenda Item !1..E...
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property in the Police Department as surplus to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0896-00
CITY OF AVENTURA
POLICE DEPARTMENT
INTE~E MEMORANDUM
TO: EricM.L S~~l'ge~·
FROM: Tom-Ribel, Chie~ o~f F~c~
DATE: 22 June 2000
SUBJECT: Surplus Property
The below listed vehicles became property of the City of Aventura via the civil
Forfeiture process:
Estimated
Make Year VlN Number City Vehicle # Value
Isuzu 1993 4S2CY58V8P4324808
F380 $3,00O
BMW 1993 WBACB4311 PFL05188 F933
$10,000
I would like to have these vehicles declared Surplus Property as per City of
Aventura APDP, Chapter 6, Subsection 5, Page 1 as these vehicles have
become inadequate for public purposes.
I would like to dispose of these vehicles either through a public auction, sale or
trade in to a licensed automotive dealer. Any money that is re~lized as a result
of sale or trade in for these vehicles should be deposited into the State Forfeiture
account.
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, Ordinance 2000-09 provides 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 dispose of the property listed on
Exhibit "A" through a public auction, sale, or trade-in.
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
immediately upon adoption.
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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 11th day of July, 2000.
Al-rEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
ClTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
EXHIBIT "A" TO RESOLUTION 2000-
Make Year V1N Number City Vehicle #
Isuzu 1993 4S2CY58V8P4324808 F380
BMW 1993 WBACB4311PFL05188 F933
Estimated
Value
$ 3,000
$10,000
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: July 6,2000
TO: City Commission
FROM: Eric M. Soroka, City
SUBJECT: Resolution Requesting School Board to Construct Elementary
School
July 11, 2000 City Commission Meeting Agenda Item '7 r-
Attached hereto is the subject Resolution as discussed at the June Workshop Meeting.
EMS/aca
Attachment
CCOS9? -00
RESOLUTION NO. 2000-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, REQUESTING THE
MIAMI-DADE COUNTY SCHOOL BOARD TO
CONSTRUCT AN ELEMENTARY SCHOOL WITHIN THE
CORPORATE LIMITS OF THE CITY TO SERVE THE
GROWING SCHOOL-AGE POPULATION AND
ALLEVIATE OVERCROWDING IN AREA ELEMENTARY
SCHOOLS; AUTHORIZING CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City of Aventura school-age population has increased at a rapid
and unanticipated rate; and
WHEREAS, the elementary schools currently serving the City of Aventura are
overcrowded; and
WHEREAS, the taxpayers of the City of Aventura provide over $32,000,000 in
revenues to the School Board on an annual basis; and
WHEREAS, the City Commission respectfully requests the Miami-Dade County
School Board construct an elementary school in the corporate limits of the City of
Aventura.
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 City Commission respectfully requests the Miami-Dade County
School Board construct an elementary school in the corporate limits of the City of
Aventura,
Resolution No. 2000-~
Page 2
Section 3.
out the aims of this Resolution.
Section 4. Effective Date.
immediately upon adoption.
The City Manager is authorized to do all things necessary to carry
That this Resolution shall become effective
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded
, and upon being put to a vote, the vote was as follows:
by Commissioner
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 11th day of July, 2000.
A'I-rEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
ClTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City Manager
Brenda Kelley, Community Development Dire~t~
July 5, 2000
Proposed Revisions to Section 14-62 of the City Code
Contractor Registration
Ist Reading July 11, 2000 City Commission Agenda Item ~
2"d Reading August 1, 2000 City Commission Agenda Item
RECOMMENDAT,ION
It is recommended that the City Commission approve the proposed revisions to the contractor
registration requirements of Section 14.62 of the City Code.
BACKGROUND
Pursuant to the attached letter from the City Attorney's office, Section 14-62(1)(c) of the City
Code is in conflict with Florida Statute. Therefore, it is recommend that this section be revised
as follows:
From: (1)
C,
County registration (if licensed by the County, a State registration is
required; if State-licensed, a County registration is required).
To: (1)
cl.
c2.
If licensed by Miami-Dade County, both a State registration and Miami-
Dade County registration are required;
or
Current State Certificate (if State-certified contractor).
Additionally, to make procedures easier and mere effective in the department, it is
recommended that there be one annual renewal date for contractor's registration, thereby
revising the Code as follows:
Section 14-62. Registration.
All contractors performing work within the municipal boundaries of the City, or have made
application for building permits from the City, shall be required to register annually with the City.
All such contractors shall register with the City Community Development Department at the time
of the renewal of their occupational license or within seven days thereof, or prior to the
application for a building permit, whichever applies. ReRistrations must be renewed annually
on or before September .30th for the followinR fiscal year. Requirements for registration shall be
as follows:...
Please feel free to contact me with any questions you may have.
/staff repodJRev to Centr Reg 071100
2
ORDINANCE NO. 2000-.__
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS" BY
AMENDING SECTION 14-62 "REGISTRATION" TO
PROVIDE FOR DATE FOR ANNUAL RENEWAL OF
CONTRACTOR REGISTRATION; AND TO CLARIFY
REGISTRATION REQUIREMENTS TO CONFORM TO
FLORIDA STATE STATUTES; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has, pursuant to Ordinance No. 96-28 and as
amended by Ordinance 97-26, provided for registration requirements for Building
Contractors; and
WHEREAS, the City Commission is desirous of further amending certain provisions
of Chapter 14, "Buildings and Building Regulations", Article III, "Building Contractors".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Article III, "Building Contractors", of Chapter 14 "Buildings and
Building Regulations" of the City Code is hereby amended to read as follows:~
Section 14-62. Registration.
All contractors performing work within the municipal
boundaries of the City, or who have made application for
building permits from the City, shall be required to register
annually with the City· All such contractors shall register with
the City Community Development Department at the time of
the renewal of their occupational license or within seven days
thereof, or prior to the application for a building permit,
whichever applies. Re.qistrations must be renewed annually
on or before September 30th for the followin,q fiscal year·
Underlined material indicates additions to existina text: crossed out matedal indicates deletions from existina text.
Ordinance No. 2000-~
Page 2
Requirements for registration shall be as follows:
(1)...
.,...~o,.~,~,...; ...... ;.~.~x (i) If licensed by Miami-Dade
County, both a state registration and Miami-Dade
County registration are required; or (ii) Current state
certificate (if state-certified contractor).
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3, Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 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
Ordinance No. 2000-__
Page 3
follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 11th day of July, 2000.
PASSED AND ADOPTED on second reading this 1st day of August, 2000.
ATTEST
ARTHURI. SNYDER, M AYOR
TERESA M, SOROKA, CMC
ClTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
WEISS SEEOTA H E LI~ l~i~N
i~2kSTOI~IZ~k ~ ~UEDES, P.A.
~TTO~NE¥$ ~T k~W
MITCHELL A. BIERMAN
MITCHELL d. laURNSTEIN
ELAINE I~. COHEN
DOUGLAS R. GONZALES
JOHN R. HERIN, JR.
ROBERT W* HOLLANDe
2665 SOUTH BAYSHORE DRIVE
SUITE 420
MIAMI, FLORIDA 33133
February 7, 2000
FEB 0 8 2000
COMMUNITY DEVELOPMENT
eOF COUNSEL
Mr. Noe Martinez
Building Official
City of Aventura
2999 N.E. 191st. St.
Suite 500
Aventura, FL 33180
Re: Section 14-62, City of Aventura Code
Dear Mr. Martinez:
I am writing in response to your inquiry as to whether a state-registered general
contractor is required to register with Miami-Dade County in order to apply for a building
permit from the City. As you know, § 14-62, City Code, requires that, in addition to a
certificate of competency and various insurance requirements, a contractor must also register
with Miami-Dade County.
Section 14-62 conflicts with Florida Statute § 489.1 i3(4)(a), whi6h states that if a state-
certified contractor desires to engage in contracting in any area of the state, he or she shall be
required only to exhibit to the local building official evidence of a current certificate and pay
the building permit fee. I have confirmed with the Miami-Dade County Attorney's office that
state-certifi6d 'eontmctors are no__St required t.o register with Miami-Dade County. Therefore,
you may disregard the County registration requirement of § 14,62(1)(c), City Code, when
issuing a building permit to _a state-certified general contractor. (However, all other
requirements of § 14-62 are in full force and effect.)
Mr. Noe Martinez
Page 2
February 7, 2000
If you have any questions or require further information, please do not hesitate to call.
Very truly yours, /.
CFK:jju
328.001
cc: David M. Wolpin, Esq.
WEISS SEROTA I-IELFM3.1g
PASTORIZi ~c GUEDES, P.~k.
BUILDINGS AND BUILDING REGULATIONS § 14~62
ARTICLE I. IN GENERAL
Sees. 14-1--14-30. Reserved.
ARTICLE II. BUILDING CODE*
Sec. 14-31. South Florida Building Code adopted.
The South Florida Building Code, as amended from time to time, is hereby adopted as the
uniform building code for the City.
(Ord. No. 97-04, § 1, 1-21-97)
Secs. 14-32--14-60. Reserved.
ARTICLE IlL BUILDING CONTRACTORSI
Sec. 14-61. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Contractor means any person who engages in the business under express or implied
contract, in any of the trades, or who undertakes or offers to undertake or purports to have the
capacity to undertake, or submits a bid to, or does himself or by or through others, engage in
the business of doing a trade. An owner-builder or a person who only furnishes material,
supplies or equipment without fabricating them into or consuming them in performance of the
work ora contractor, or any person who engages in the activities regulated in this article as an
employee with wages as his sole compensation, shall not be considered as a contractor. The
term "contractor" applies to those construction trades regulated pursuant to chapter 10 of the
County Code and does not apply to the construction of boats or similar items of personalty not
within the scope of such trades.
(Ord. No. 96~28, § 1, 11-19-96)
Cross reference--Definitions generally, § 1-2.
Sec. 14-62. Registration.
All contractors performing work within the municipal boundaries of the City, or who have
made application for building permits from the City, shall be required to register annually with
the City. All such contractors shall register with the City Community Development Depart-
*State law reference Florida building codes act, F.S. § 553.70 et seq.
iCross reference--Business regulations, licenses and permits, ch. 18.
State law reference--Contracting, F.S. ch. 489.
Supp. No. 3 CD14:3
§ 14-62 AVENTURA CODE
ment at the time of the renewal of their occupational license or within seven days thereof, or
prior to the application for a building permit, whichever applies. Requirements for registration
shall be as follows:
(1) The qualifier for the contractor must provide each of the items listed in this paragraph.
Such qualifier must personally appear at the City's Community Development Depart-
ment for the purpose of registration unless the qualifier does not have a principal place
of business located in the State.
a. A current certificate of competency.
b. A current liability and workers' compensation certificate of insurance, addressed
to the City.
c. County registration (if licensed by the County, a State registration is required; if
State-licensed, a County registration is required).
d. A current occupational license from the area of primary business. If County-
licensed, he must also provide a municipal occupational license.
At the qualifler's option, he may, at the time of registration, provide a list of employees
who are authorized to pick up building permits on his behalf.
(2) All building permits must be signed by the qualifier and notarized.
(3) If the Community Development Department deems necessary, the qualifier must
appear at all building inspections, sign for all building permits and appear at any and
all times required. Failure to appear will result in all privileges to engage in
contracting in the City being subject to revocation.
(4) The fee for this registration shall be $35.00 per year, or as may be amended by
resolution of the City Commission. The fee component of registration shall not be
applicable in those instances where preempted by F.S. § 205.065.
(Ord. No. 96-28, § 2, 11-19-96; Ord. No. 97-26, §§ 1, 2, 10-7-97)
Secs. 14-63--14-90. Reserved.
ARTICLE IV. BUILDING PERMITS
Sec. 14-91. Fees for permits, inspections, certificates and related services.
The City is hereby authorized to impose fees for the issuance of building permits, provision
of inspections, issuance of certificates of completion or occupancy and related services of the
Community Development Department. Such fees shall be set and may be amended from time
to time by resolution of the City Commission following a public hearing.
(Ord. No. 96-22, § 1, 10-2-96)
Secs. 14-92--14-99. Reserved.
Supp. No. 3 CD14:4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission f~,3L
Eric M. Soroka, ~fYJ~aglr
Brenda Kelley, Comm~evelopment Dire~:~/~
July 6, 2000 i ~)~ ~J
Proposed Revisions to Occupational License Taxes
1st Reading July 11, 2000 City Commission Agenda Item ~
2nd Reading August 1, 2000 City Commission Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the following revisions to Article II.
Occupational License Taxes of the City Code.
BACKGROUND
Sec. 18-33(a). County occupational license required; affidavit of applicant for
license; annual filing of information,
Miami-Dade County will not issue a County Occupational License to a business located
in the City without first having proof that the City has issued a license. The City code
requires that "the applicant shall first obtain an occupational license from the County
and show proof thereof to the City..." Therefore, it is recommended that this section of
the Code be revised to alleviate the existing confusion.
Sec. 18-34. Prerequisites for granting license; invalid licenses.
A Certificate of Use is presently required prior to the issuance of a new occupational
license to confirm zoning approval. It is recommended that this section of the Code be
revised, by adding the following language, so as to properly document this requirement
as a Code requirement.
(a)
.A Certificate of Use shall be required prior to the issuance of any new
occupational license. The fee for such Certificate of Use is $35.00.
No license shall be granted under this article until there has been full
compliance with section 18-33 and 18-34(a), and no license which may
have been granted without full and complete compliance with the
provisions of this article shall be a protection to the applicant in any civil or
criminal proceeding.
Sec. 18-42. Tax Schedule
Manicurist: Numerous complaints have been received from manicurists in the City
regarding the current occupational license fee of $50.00. The fee for a cosmetologist is
$30.00 and manicurists and cosmetologists generally work in the same or nearby
facilities. Manicurists claim that they do not make as much money because they can
only attend one customer at a time, whereas a cosmetologist can have more than one
customer at a time. Staff recommends that the occupational license fees for these two
professions be the same.
Import/Export: Presently import/export businesses are licensed under an "unclassified"
category. Because them am more import/export businesses locating in the City
(primarily home occupations), it is preferable that a separate category be specified so
as to mere easily locate and keep track of these businesses. Therefore, it is
recommended that a separate classification be designated with the same fee already
charged under the "unclassified" category ($100).
staff refx)rts/Rev to OL fees 030300
2
ORDINANCE NO. 2000~
AN ORDINANCE OF THE CI'FY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS, LICENSES AND PERMITS"
BY AMENDING SECTION 18-33(a) TO DELETE
REQUIREMENT TO FIRST OBTAIN COUNTY
OCCUPATIONAL LICENSE; BY AMENDING SECTION 18-
34 TO PROVIDE FOR REQUIREMENT OF CERTIFICATE
OF USE; AND BY AMENDING SECTION 18-42 "TAX
SCHEDULE," TO REVISE THE OCCUPATIONAL LICENSE
TAX RATE FOR MANICURISTS AND TO SPECIFY
OCCUPATIONAL LICENSE TAX RATE FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has, pursuant to Ordinance No. 96-13 and as
amended by Ordinance 98-06, adopted an Occupational License Tax Schedule in
accordance with Section 205.0315, Florida Statutes; and
WHEREAS, the City Commission is desirous of further amending certain provisions
of Chapter 18, Article II, Occupational License Taxes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Article II Occupational License Taxes, of Chapter 18 "Business
Regulations, Licenses and Permits" of the City Code is hereby amended to read as
follow~:~
Section 18-33. r, .... ,. ........ ,;.....~ ~; ......... ;.~.~.
afr',davit of applicant for license; annual filing of
information.
(a) No license shall be issued or granted under this article to
any applicant to engage in the business of selling
Underlined material indicat~ additions to existing text; cr~,.cc_ .'_'. material indicates deletions from existing test.
Ordinance No. 2000-__
Page 2
merchandise at retail or wholesale or the practice or pursuit
of any profession or occupation coming within any of the
categories set forth in this article ~ '
r- .... , .... '~ ~' ........ ~ *~' .... ~ *" th~ City capt pon
...... j .......... ~. .............. ex u
written application filed with the City. The applicant shall
execute an affidavit before an officer or employee of the City
authorized to administer oaths, which shall set forth the
following:
Sec. 18-34. Prerequisites for granting license; Certificate
of Use required; invalid licenses.
(a) A Certificate of Use shall be required prior to the
issuance of any new occupational license. The fee for such
Certificate of Use is $35.00.
(b) No license shall be granted under this article until there
has been full compliance with section 18-33 and 18-34(a), and
no license which may have been granted without full and
complete compliance with the provisions of this article shall be
a protection to the applicant in any civil or criminal proceeding.
Sec. 18-42. Tax Schedule
ImportJExport $100.00
Manicurists, each ........................................ $50.00530.00
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
raason 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
2
Ordinance No. 2000-__
Page 3
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
, and upon being put to a vote, the vote was as follows:
3
Ordinance No. 2000-__
Page 4
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 11th day of July, 2000.
PASSED AND ADOPTED on second reading this 1st day of August, 2000.
ATTEST
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 45 OF THE CITY
CODE BY ADDING SECTIONS 1 THROUGH 16;
PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, AND MAINTAINING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS,
ABOVE OR IN ANY MANNER WHATSOEVER USING
THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura has determined it is in the
public interest of the City to permit the placement of one (1) or more Telecommunications
Systems or Facilities in the Public Rights-of-Way of the City; and
WHEREAS, it is the intent of the City Commission to encourage competition by
providing access to the Public Rights-of-Way to the City on a nondiscriminatory basis; and
WHEREAS, Section 364.0361, Florida Statutes, requires that a local government treat
Telecommunications Companies in a nondiscriminatory manner when exercising the authority to
manage the Public Rights-of-Way; and
WHEREAS, it is the imention of the City Commission to recognize the interests of
Telecommunications Service Providers to install their facilities in Public Rights-of-Way as a
means of promoting the use of such technology for the good of the people of the City; and
WHEREAS, it is the iment of the City Commission to exercise the City's authority over
the Telecommunications Service Providers' occupancy of the Public Rights-of-Way; and
Ordinance No. 2000-
Page 2
WItEREAS, these policies are in complete accord with both the letter and the spirit of
the Communications Act of 1934, as amended; and
WItEREAS, the enactment of the Telecommunications Act of 1996, amendments to
applicable statutes of the State of Florida and developments in telecommunications technology
and services have resulted in an increase in the number of persons certified by the Florida Public
Service Commission to provide Telecommunications Services; and
WItEREAS, various Telecommunications Service Providers have requested the right to
occupy the Public Rights-of-Way of the City for the purpose of installing, maintaining and
operating Telecommunications Systems or Facilities; and
WEIEREAS, it is the City's intent to treat each Telecommunications Service Provider on
a competitively neutral and nondiscriminatory basis in granting access for use of the City's
Public Rights-of-Way; and
WItEREAS, the Public Rights-of-Way subject to the control of the City (1) are critical
to the travel of persons and the transport of goods and other tangibles in the business and social
life of the community by all citizens; (2) are a unique and physically limited resource and proper
management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers
of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public
from such facilities' construction, placement, relocation, and maintenance in the Public Rights-
of-Way; (3) are intended for public uses and must be managed and controlled consistently with
that intent; and
WHEREAS, it is the intent of the City to exercise its authority to impose fees and adopt
2
Ordinance No. 2000-
Page 3
reasonable rules and regulations to the fullest extent allowed by Federal and State law.
NOW, TIIEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF TItE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
SECTION 1. Creation.
Sections 45-1 through 45-16 are hereby created as follows:
Section 1. Title.
This Ordinance shall be known and may be cited as the City of Aventura
Telecommunications Ordinance.
Section 2. Intent and Purpose.
It is the intent of the City of Aventura to promote the public health, safety, and general
welfare by providing for the use of the City's Public Rights-of-Way, to adopt and administer
reasonable regulations consistent with State and Federal Law, including Section 337.401, Florida
Statutes, and the City's home-rule authority in accordance with the provisions of the
Telecommunications Act of 1996, to provide for the payment of compensation and other
consideration by a Telecommunications Service Provider to the City for the cost of maintaining
the Public Rights-of-Way and for the privilege of using the City's Public Rights-of-Way for
constructing and maintaining Telecommunications Facilities; and to establish the reasonable
regulations concerning the use of the Public Rights-of-Way by all Telecommunications Service
Providers granted after the effective date of this Ordinance. In regulating its Public Rights-of-
Way, the City shall be governed by and shall comply with all applicable Federal, State and local
laws and regulations.
3
Ordinance No. 2000-
Page 4
Section 3. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and derivations
shall have the meanings given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural number. The words "shall" and "will" are
mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that
might be granted hereunder shall be given the meaning set forth in the Communications Act of
1934, 47 U.S.C. § 151 et seq., as amended (collectively the "Communications Act"), and, if not
defined therein, as defmed by Florida Statute; and, if not defined therein, be construed to mean
the common and ordinary meaning.
A. "City" means the City of Aventura, an incorporated municipality of the State of
Florida, in its present form or in any later reorganized, consolidated, or enlarged form.
B. "Registrant" or "Facility Owner" shall mean a Telecommunications Company
that has Registered with the City in accordance with the provisions of this Ordinance.
C. "Registration" and "Register" shall mean the process described in Section 4
whereby a Telecommunications Provider provides certain information to the City.
D. "Gross Receipts" shall mean all cash, credits or property of any kind or nature,
with deductions for bad debt expense, reported as revenue items to the Registrant's audited
income statements arising from, or attributable to Recurring Local Service Revenues of
Registrant within the City. The City reserves the right to amend the definition contained herein
as permitted by applicable Law. The definition herein shall not be applicable as of October 1,
4
Ordinance No. 2000-
Page 5
2001; or such other date as provided by law, provided that Section 337.401, Florida Statues is
amended effective October 1, 2001, as set forth in Florida Senate Bill 1338, enacted by the
Florida Legislature on May 5, 2000.
E. "Law" means any local, State or Federal legislative, judicial or administrative
order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirements, as amended, now in effect or subsequently enacted or issued
including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as
amended by the Telecommunications Act of 1996, Pub L. No. 104-104 § 101(a), 110 Stat. 70
codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the
Federal Communications Commission or the governing State authority pursuant thereto.
F. "Person" means any individual, corporation, partnership, association, joint
venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee,
transferee or personal representative thereof, but shall not mean the City.
G. "PSC" means the Florida Public Service Commission.
H. "Public Rights-of-Way" means the surface, the airspace above the surface and
the area below the surface of any public street, highway, road, boulevard, concourse, driveway,
freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead,
wharf, pier, court, lane, path, alley, way, drive, circle, public easement, public place, or any other
property in which the City holds any kind of property interest or over which the City exercises
any type of lawful control and may lawfully grant access to pursuant to applicable law. "Public
Rights-of-Way" shall not include any real or personal City property except as described above
5
Ordinance No. 2000-
Page 6
and shall not include City buildings, fixtures, and other structures or improvements, regardless of
whether they are situated in the Public Rights-of-Way.
I. "Recurring Local Service Revenues" means revenues from the monthly
recurring charges for local service, including but not limited to (1) recurring basic area revenues
derived from the provision of flat-rated basic area services; (2) recurring optional extended area
revenues derived from the provision of optional extended area services; (3) local private line
revenues derived from local services which provide communication between specific locations,
either through dedicated circuits, private switching arrangements, predefined transmission paths,
whether virtual or physical, or any other method of providing such services; (4) revenues from
the sale of local services for resale; and (5) other local service revenues from the provision of
secondary features that are integrated with the telecommunications network, including, without
limitation, services such as call forwarding, call waiting, and touchtone line service. Except as
provided herein, revenues from all recurring local services provided by a Registrant over a
Telecommunications Facility or System in the Public Rights-of-Way shall constitute Recurring
Local Service Revenues subject to this Ordinance. Recurring Local Service Revenues do not
include revenues from (1) toll charges for the transmission of voice, data, video, or other
information; (2) access charges paid by carriers for origination and/or termination of toll
telephone service as defined in Section 203.012(7), Florida Statutes, or other charges required by
the Federal Communications Commission which are directly passed through to end users; (3)
interstate service; (4) ancillary services such as directory advertising, directory assistance,
detailed billing services, inside wire maintenance plans, bad check charges, and non-recurring
6
Ordinance No. 2000-
Page 7
charges for installation, move, changes or termination services; (5) cellular mobile telephone or
telecommunications services; or specialized mobile telephone or telecommunications service; or
specialized mobile radio, or pagers or paging service, or related ancillary services; (6) public
telephone charges collected on site; (7) teletypewriter or computer exchange services as defined
in Section 203.012(6), Florida Statutes; or (8) local message rated (message, unit or time basis)
and minutes of use charges in excess of the minimum flat-rated charges for similar services.
This definition shall not be applicable as of October 1, 2001, or such other date as provided by
law, provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set
forth in Florida Senate Bill 1338, enacted by the Florida Legislature on May 5, 2000.
J. "Telecommunications Company" has the meaning set forth in Section
364.02(12), Florida Statutes, as amended. The term "Telecommunications Company" does not
include an open video system.
K "Telecommunications Service" shall include, without limitation, local service,
toll service as defined in Section 203.012(7) Florida Statutes, telegram or telegraph service,
teletypewriter service, private communication service as defined in Section 203.012(4) Florida
Statutes, or any other provision of two-way communications services to the public for hire.
"Telecommunications Service", as contemplated herein, does not include the provision of
service via an open video system, which shall require separate authorizations from the City.
L. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined herein, through the use of a Telecommunications
Facility.
7
Ordinance No. 2000-
Page 8
M. "Telecommunications Facilities", "Facilities" or "Systems" means cables,
conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains,
surface location markers, appurtenances, and related facilities located, to be located, used, or to
be used, by a Telecommunications Service Provider in the Public Rights-of-Way of the City and
used or useful for the transmission of Telecommunications Services.
Section 4. Registration.
A. Each Telecommunications Service Provider that desires to erect, construct, install,
maintain, repair, expand, or use any Telecommunications Facilities in, under, over or across any
Public Right-of-Way in the City shall first Register with the City in accordance with the terms of
this Ordinance. As to Toll Service providers, such Registration shall be accepted by the City as
an ordinance of the City Commission.
B. Any Telecommunications Provider desiring to use the Public Right-of-Way shall
file a Registration with the City which shall include the following information:
(1) identify of the applicant and name, address and telephone number of applicant's
primary contact person in connection with the Registration;
(2) general description of the services to be provided (in other words, if applicant is or
expects to be a Local Service Provider and/or a Toll Service Provider);
(3) evidence of the insurance coverage required under this Ordinance and
acknowledgment that Registrant has received and reviewed a copy of this Ordinance;
(4) a copy of Federal and/or State Certification authorizing the applicant to provide
Telecommunications Services.
8
Ordinance No. 2000-
Page 9
C. The City will review the information submitted by the applicant. Such review
will be by the City Manager or his or her designee. If the applicant submits information in
accordance with Section B above, the Registration shall be effective and the City shall notify the
applicant of the effectiveness of Registration in writing. If the City determines that the
information has not been submitted in accordance with Section 4B above, the City shall notify
the applicant of the non-effectiveness of Registration, and reasons for the non-effectiveness, in
writing. The City shall so reply to an applicant within thirty (30) days after receipt of
registration information from the applicant. A Registrant may cancel a Registration upon written
notice to the City noticing that it will no longer provide Local Service or Toll Service using
Public Rights-of-Way in the City and will no longer need to pull permits to perform work in
Public Right-of-Way.
D. A Registration shall not convey title, equitable or legal, in the Public Right-of-
Way. Registrants may only occupy Public Rights-of-Way for Telecommunications Facilities.
Registration does not excuse a Telecommunications Provider from obtaining appropriate access
or pole attachment before locating its Facilities on another Person's facilities. Registration does
not excuse a Provider from complying with all applicable City ordinances, including this
Ordinance.
E. Each applicant for a Registration or renewal thereof shall submit a non-refundable
application fee with the application in the amount of $2,500; provided that the fee may be
credited against fees due under Section 5 below. Fee amounts shall be established by Resolution
of the City Commission but in no event shall exceed the City's costs incurred in reviewing the
9
Ordinance No. 2000-
Page 10
application
F. Registration with the City shall be nonexclusive. Registration does not establish
any priority for the use of the Public Right-of-Way by a Registrant or any other Registrants.
Registration are expressly subject to any future amendment to or replacement of this Ordinance
and further subject to any additional City Ordinances, as well as any state or federal laws that
may be enacted during the term of the Registration.
Section 5. Fees and Payments.
A. In consideration for the rights, privileges and permission granted hereunder, a
Registrant hereunder shall pay to the City annually a sum equal to one percent (1%) of Gross
Receipts of the Registrant on Recurring Local Service Revenues for services provided within the
corporate limits of the City. Included within such one percent (1%) maximum fee or
consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to Florida
Statute 337.401(5), and other impositions except ad valorem taxes and amounts for assessments
for special benefits, such as sidewalks, street pavings, and similar improvements, and
occupational license taxes levied or imposed by the City upon a Registrant. In the event that
applicable law currently permits or is amended to permit the City to collect a fee higher than one
percent (1%), or permits the City to calculate the fee on revenues not specified herein, the
Registrant agrees to increase, following written notice from the City, its fee payments to the City
to that higher amount on the effective date of such law. In the event applicable law is amended
to require the City to collect a fee lower than the current statutory limit, the City shall take all
necessary steps to conform the requirements hereof to applicable law. All of the aforestated
10
Ordinance No. 2000-
Page 11
payments shall be made to the City quarterly, with such payments made within twenty (20) days
following the end of each calendar quarter. Payments received after the 31~t day shall be subject
to interest at the maximum allowed by law, and late charges of one and one-half percent (1 ½%)
per month.
B. In the event a Registrant provides Telecommunications Services defined as toll
services in Section 203.012 (7), Florida Statutes, as a condition for granting permission to
occupy or use the Public Rights-of-Way of the City, the shall pay to the City annually no less
than Five Hundred Dollars ($500) per linear mile of any cable, fiber optic, or other pathway that
makes physical use of the Public Rights-of-Way. Any fee or other consideration imposed by this
Subsection in excess of Five Hundred Dollars ($500) per linear mile shall be applied in a
nondiscriminatory manner and shall not exceed the sum ot~
(1) Costs directly related to the inconvenience or impairment solely caused by
the disturbance of the Public Rights-of-Way;
(2) The reasonable cost of the regulatory activity of the City; and
(3) The proportionate share of cost of land for such street, alley or other
public way attributable to utilization of the Public Rights-of-Way by a Telecommunications
Service Provider.
The fee or other consideration imposed pursuant to this subsection shall not apply in any
manner to any Telecommunications Company which provides Telecommunications Services as
defined in Section 203.012(3), Florida Statutes for any services provided by such
Telecommunications Company.
11
Ordinance No. 2000-
Page 12
C. Notwithstanding anything herein to the contrary, the City shall at all times hereby
require the maximum compensation allowed under applicable law.
D. Except to the extent prohibited by applicable law: (1) the tee payments to be made
pursuant to this Section shall not be deemed to be in the nature o£ a tax; (2) such tee payments
shall be in addition to any and all taxes of a general applicability; (3) a Registrant shall not have
or make any claim for any deduction or other credit o£ all or any part o£ the amount o£ said £ec
payments from or against any o£ said City taxes or other tees or charges o£ general applicability
which a is required to pay to the City, except as required by Law; and (4) the tee specified herein
is the minimum consideration £or use o£ the Public Rights-o£-Way, including all public
easements, £or the purpose o£installing and maintaining a Telecommunications Facility.
E. The payments required under this Section shall not apply as o£ October 1, 2001,
or such other date as provided by law, provided that Section 337.401, Florida Statutes is
amended effective October 1, 2001, as set £orth in Florida Senate Bill 1338, enacted by the
Florida Legislature on May 5, 2000.
Section 6. Reports and Records.
A. The City may, at its option, upon sixty (60) days notice to the Registrant, but in
no event more often than once per year, examine the records and accounting files, and such other
books and records, i£ such records relate to the calculation o£ £ee payments or any other
payments due to the City under the terms o£ this Ordinance. The examination o£ such books,
accounts, records or other materials necessary for determination o£ compliance with the terms,
provisions, and requirements o£ this Ordinance shall be during regular hours o£ business o£ the
12
Ordinance No. 2000-
Page 13
Registrant at an office of the Registrant located within the City, or at another location
satisfactory to the City. In the event that the City, pursuant to an audit, determines that there
exists a discrepancy in the amount paid and the amount owed to the City by the Registrant in
excess of two percent (2%), Registrant shall pay all reasonable costs, fees and expenses of the
audit. This Section shall not apply for periods after October 1, 2001 or such other date as
provided by law, provided that Section 337.401, Florida Statutes is amended effective October 1,
2001, as set forth in Florida Senate Bill 1338, enacted by the Florida Legislature on May 5, 2000.
B. Upon reasonable request, a Registrant shall provide the following documents to
the City as received or filed:
(1) Any pleadings, petitions, notices, applications, communications,
reports and documents, and responses thereto, which may directly impact the obligations under
this Ordinance.
(2) Any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
C. In addition, the City may, at its option, and upon reasonable notice to the
Registrant, inspect the Facilities in the Public Rights-of-Way to ensure the safety of its residents.
D. The City shall keep any documentation, books and records of the Registrant
confidential to the extent required under Florida Statutes.
Section 7. Underground Installation; Relocation.
A. To the extent required by applicable FPSC rules and regulations, a Registrant
shall install its Facilities underground.
13
Ordinance No. 2000-
Page 14
B. Every Registrant which places or constructs Telecommunications Facilities
underground shall maintain appropriate participation in the regional notification center for
subsurface installations.
C. Any Telecommunications Facilities heretofore or hereafter placed upon, under,
over, or along any Public Rights-of-Way that is found by the City to be unreasonably interfering
in any way with the convenient, safe or continuous use or the maintenance, improvement,
extension or expansion of such Public Rights-of-Way shall, upon thirty (30) days written notice
to the Registrant or its agent, be removed or relocated by such Registrant at its own expense
except as explicitly provided under Section 337.403, Florida Statutes. The City Manager may
waive or extend the time within which a Registrant shall remove or relocate a
Telecommunications Facility, for good cause shown.
D. Subject to Section 337.403, Florida Statutes, whenever an order of the City
requires such removal or change in the location of any Telecommunications Facility from the
Public Rights-of-Way, and the Facility owner fails to remove or change the same at its own
expense to conform to the order within the time stated in the notice, the City may proceed to
cause the Telecommunications Facility to be removed. The expense thereby incurred except as
provided in Section 337.403(1)(a)-(c), shall be paid out of any money available therefor, and
such expense shall be charged against the owner of the Telecommunications Facility and levied,
collected and paid to the City.
the City
to
Subject to Section 337.403, Florida Statutes, whenever it shall be necessary for
remove or relocate any Telecommunications Facility, the owner of the
14
Ordinance No. 2000-
Page 15
Telecommunications Facility, or the owner's chief agent, shall be given notice of such r~noval
or relocation and an order requiring the payment of the costs thereof, and shall be given
reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days in which
to file an appeal with the City Commission to contest the reasonableness of the order. Upon
receipt of a written appeal, the City Commission shall place the matter on the Commission's
agenda for consideration within forty-five (45) working days. Should the owner or the owner's
representative not appear, the determination of the cost to the owner shall be final, in accordance
with Section 337.404, Florida Statutes.
F. A final order of the City shall constitute a lien on any property of the owner and
may be enforced by filing an authenticated copy of the order in the office of the Clerk of the
Circuit Court of the County wherein the owner's property is located.
G. The City retains the fight and privilege to cut or move any Facilities located
within the Public Rights-of-Way of the City, as the City Manager in his/her reasonable
discretion may determine to be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the City shall attempt to notify the owner of the
Facility, if known, prior to cutting or removing a Facility and shall notify the owner of the
Facility, if known, after cutting or removing a Facility.
H. Upon abandonment of a Facility within the Public Rights-of-Way of the City, the
owner of the Facility shall notify the City within ninety (90) days. Following receipt of such
notice, the City may direct the Facility owner to remove all or any portion of the Facility if the
City determines that such removal will be in the best interest of the public health, safety and
15
Ordinance No. 2000-
Page 16
welfare. In the event that the City does not direct the removal of the abandoned Facility by the
owner of the Facility, such owner, by ks notice of abandonment to the City, shall be deemed to
consent to the alteration or removal of all or any portion of the Facility by another utility or
person.
I. Notwithstanding anything to the contrary, a Facility owner agrees to provide the
City, within thirty (30) days of filing or receipt of such, any document that may prevent
compliance with the requirements of a permit in connection with the installation, construction or
maintenance of its Facilities, or use of Facilities in the Public Right-of-Way. This obligation
shall only extend to such work in the Public Right-of-Way for which a Facility owner has
applied for, or obtained a permit from the City.
Section 8. Use of Rights-of-Way.
A. A Facility owner agrees at all times to comply with and abide by all applicable
provisions of the State statutes and local laws including, but not limited to, applicable zoning
regulations not inconsistent with State and Federal laws.
B. Except in the case of an emergency, which shall include without limitation an out
of service condition affecting 911 service, and which shall require subsequent notification to the
City, no Telecommunications service provider shall construct any Facility on, over, above,
along, upon, under, across, or within any Public Right-of-Way which disrupts the Public Rights-
of-Way without first filing an application with and obtaining a permit from the City therefor,
pursuant ,to applicable permitting requirements of the City, including but not limited to Section
28-2 of the City Code, except as otherwise provided in this Ordinance. In case of the repair or
16
Ordinance No. 2000-
Page 17
maintenance of an existing Facility, the City may impose lesser requirements than those set forth
herein. Unless otherwise required by the City Code, no permit shall be required for installation
and maintenance of service connections to customers' premises where there will be no disruption
of the Public Rights-of-Way.
C. As part of any permit application, the Facility owner shall provide a proposal for
construction of the Telecommunications Facility that sets forth at least the following:
(1) The location of the proposed Facility, including a description of the feet of
plant to be installed, where it is to be located, and the approximate size of Facilities and
equipment that will be located in, on, over, or above the Public Rights-Of-Way.
(2) A description of the manner in which the System will be installed (i.e.
anticipated construction methods and/or techniques), the time required to construct the System, a
maintenance of traffic plan for any disruption of the Public Rights-of-Way, including
information on the ability of the Public Rights-of-Way to accommodate the proposed System, if
available (such information shall be provided without certification as to correctness, to the extent
obtained from other users of the Public Rights-of-Way). Also, if appropriate given the System
proposed, an estimate of the cost of restoration to the Public Rights-of-Way. Such plan shall
include the timetable for construction for each phase of the project, and the areas of the City
which will be affected.
D. The City may request such additional information as it finds reasonably necessary
to review an application for a permit to perform work in the Public Rights-of-Way. The City
shall have the power to prohibit or limit the placement of new or additional facilities within the
17
Ordinance No. 2000-
Page 18
Public Rights-of-Way if there is insufficient space to accommodate all of the requests of
permittees to occupy and use the rights-of-way. The City shall strive to the extent possible to
accommodate all existing and potential users of the Public Rights-of-Way, but may prohibit or
limit placement of new or additional facilities in any Public Right-of-Way as required because of
condition of the Public Rights-of-Way, the protection of existing facilities in the Public Rights-
of-Way, and future City plans for public improvements and development projects which have
been determined by the City to be in the public interest.
E. All Facilities shall be installed, located and maintained so as not to unreasonably
interfere with the use of the Public Rights-of-Way, by the traveling public and to cause minimum
interference with the rights and convenience of property owners who adjoin any of the Public
Rights-of-Way. The use of trenchiess technology (i.e., directional bore method) for the
installation of Facilities in the Public Rights-of-Way as well as joint trenching and/or the co-
location of facilities in existing conduit is strongly encouraged, and should be employed
wherever possible. The City may issue such roles and regulations concerning the installation and
maintenance of a Telecommunications Facility in the Public Rights-of-Way, as may be
consistent with applicable Law.
F. All safety practices required by applicable Law or accepted indust~ practices and
standards shall be used during construction, maintenance, and repair of the Telecommunications
Facilities.
G. In the event that at any time during the term of the rights granted herein the City
shall lawfully elect to alter, or change the grade of, any Public Rights-of-Way, upon reasonable
18
Ordinance No. 2000-
Page 19
notice by the City, shall make any necessary removals, relaying and relocations of its
Telecommunications Facilities at its own expense, in accordance with applicable Law.
H. A Facility owner shall obtain any and all required permits and pay any and all
required fees before commencing any construction on or otherwise disturbing any Public Rights-
of-Way as a result of its construction, except as provided herein. The Facility owner shall, at its
own expense, restore such property to as good a condition as existed prior to commencement of
work. If such restoration is not performed in a reasonable and satisfactory manner within thirty
(30) calendar days after the completion of construction, the City may, after prior written notice to
Registrant, cause the repairs to be made at the Facility's owner expense. A permit from the City
constitutes authorization to undertake only certain activities on Public Rights-of-Way in
accordance with this Ordinance, and does not create a property right or grant authority to
impinge upon the rights of others who may have an interest in the Public Rights-of-Way.
Nothing herein shall prohibit the City from negotiating with a Facility owner for the installation
of a City conduit in any open trench that may be permitted; or prohibit a Facility owner from
exercising its rights under 47 U.S.C. Section 224.
I. All ongoing installation, construction and maintenance of a Telecommunications
Facility located in the Public Rights-of-Way shall be subject to the City's periodic inspection,
upon no less than three (3) days written notice to the Facility owner, for compliance with this
Ordinance, or any applicable provisions of the City Code.
J. A Facility owner shall not place its Facilities so as to interfere unreasonably with
any other person lawfully using the Public Rights-of-Way of the City.
19
Ordinance No. 2000-
Page 20
K. A Facility owner shall deliver to the City, upon completion of any installation or
construction of new facilities, as-built plans showing the location of such facilities, or other such
plans acceptable to the City Manager. Such plans shall be provided in digitized format showing
the three-dimensional location of the Facilities based on the City's Geographical Database
datums, or other format acceptable to the City Manager.
L. Suspension of Permits. Subject to Subsection M below, the City may suspend a
permit for work in the Public Rights-of-Way for one or more of the following reasons:
(1) violation of permit conditions, including conditions set forth in this
Ordinance or other applicable provisions of the City Code or regulations governing use of Public
Rights-of-Way;
(2) misrepresentation or fraud by Registrant in a Registration or permit
application to the City;
(3) failure to relocate or remove facilities as may be lawfully required by the
City;
M. Final, written decisions of the City suspending a permit or denying an application
for a Registration are subject to appeal. An appeal must be filed with the City within thirty (30)
days of the date of the final, written decisions to be appealed. Any appeal not timely filed as set
forth above shall be waived.
Section 9. Compliance with Other Laws; Police Power.
A Facility owner shall at all times be subject to and shall comply with all applicable
Federal, State and local Laws. A Facility owner shall at all times be subject to all lawful
20
Ordinance No. 2000-
Page 21
exercises of the police power of the City, to the extent not inconsistent with applicable Laws.
Section 10. Transfer of Control; Sale or Assignment.
A. If the Registrant transfers or assigns its Registration incident to a sale or other
transfer of the Registrant's assets, the transferee or assignee shall be obligated to comply with the
terms of this Ordinance. Written notice of any such prospective transfer or assignment shall be
provided to the City at least twenty (20) days in advance of the date of such transfer. In order for
the transfer of Registration to be effective, such written notice must include the identity of the
prospective transferee or assignee, evidence of insurance coverage and acknowledgment as
required in Section 4 of this Ordinance.
B. Notwithstanding anything in this Ordinance, pledges in trust or mortgages or
other hypothecations of the assets of the Registrant to secure the construction, operation or repair
of its Telecommunications Facilities may be made without notice to the City. Any mortgage,
pledge, lease or other encumbrance of the Telecommunications Facilities shall be subject and
subordinate to the rights of the City in this Ordinance or other applicable law.
Section 11. Insurance; Surety; Indemnification.
A. A Facility owner shall at all times maintain the following liability insurance
coverage insuring the Registrant and naming the City, its officers, boards, Commission,
Commission members, agents and employees as an additional insured: worker's compensation
and employer liability insurance to meet all requirements of Florida law and general
comprehensive liability insurance with respect to the construction, operation and maintenance of
the Telecommunications Facilities, and the conduct of Registrant's business in the City, in the
21
Ordinance No. 2000-
Page 22
minimum amounts
(1) $250,000 for property damage in any one accident:
(2) $500,000 for personal bodily injury to any one person: and
(3) $1,000,000 for personal bodily injury in any one accident.
All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide,
Property/Casualty Edition except as provided in (D) below. The City may require coverage and
amounts in excess of the above minimums where necessary to reflect changing liability exposure
and limits or where required by law. A Registrant may provide a portion of the insurance
coverage required by Section 1 i(A) through excess or umbrella policies of insurance and where
such policies are in a form acceptable to the City's Risk Manager.
C. A Registrant shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate that
the City, its officers, boards, Commission, Commission members, agents and employees are
listed as additional insureds. In the event of a potential claim such that the City claims insurance
coverage, the Facility owner shall immediately respond to all reasonable requests by the City for
information with respect to the scope of the insurance coverage.
D. Ail insurance policies shall further provide that any cancellation or reduction in
coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given
to the City. A Registrant shall not cancel any required insurance policy without submission of
proof that the Registrant has obtained alternative insurance satisfactory to the City which
22
Ordinance No. 2000-
Page 23
complies with this Ordinance. A Registrant that elects to self-insure ail or a portion of the
insurance coverage and limit requirements required by this Section. A Registrant that self-insures
is not required, to the extent of such self-insurance, to comply with the requirement for the
naming of additional insureds under this Section. A Registrant that elects to self-insure shall
provide to the City evidence sufficient to demonstrate its financial ability to self-insure the
insurance coverage and limit requirements required under this Section, such as evidence that the
Registrant is a "private self insurer" under the Workers Compensation Act. For purposes of this
Section, "self-insure" shail also include a Registrant which insures through a "captive insurer" as
defined in Section 628.901, Florida Statutes.
E. A Registrant shail, at its sole cost and expense, indemnify, hold harmless, and
defend the City, its officiais, boards, Commission, Commission members, agents, and
employees, against any and all claims, suits, causes of action, proceedings, judgments for
damages or equitable relief, and costs and expenses arising out of the construction, maintenance
or operation of its Telecommunications System or Facilities, regardless of whether the act or
omission complained of is authorized, ailowed or prohibited by this Ordinance, provided,
however, that a Facility owner's obligation hereunder shall not extend to any claims caused by
the misconduct or negligence of the City, its officiais, boards, Commission, Commission
members, agents or employees. In addition, and notwithstanding anything to the contrary, any
Telecommunications service provider seeking initiai or renewal registration on or after the
effective date of this Ordinance shall indemnify and hold harmless the City, its officiais, boards,
Commission, Commission members, agents or employees from any claim arising by a third party
Ordinance No. 2000-
Page 24
under Federal or State law, provided, however, that Registrant's obligation hereunder shall not
extend to any claims caused by the misconduct or negligence of the City, its officials, boards,
Commission, Commission members, agents or employees. This provision includes, but is not
limited to, the City's reasonable attorneys' fees incurred in defending against any such claim,
suit or proceedings, claims arising out of copyright infringements or a failure by the Registrant
to secure consents from the owners, authorized distributors, or providers of telecommunications
services, and claims against the Registrant for invasion of the right of privacy, defamation of any
person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade
name, service mark or patent, or of any other right of any person, firm, or corporation. City
agrees to notify the Registrant, in writing, within a reasonable time of City receiving notice, of
any issue it determines may require indemnification. Nothing in this Section shall prohibit the
City from participating in the defense of any litigation by its own counsel and at its own cost if in
the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance
of a conflict.
Section 12. Construction Bond.
A. Except in the case of an emergency, which shall include without limitation an out
of service condition affecting all service, prior to performing any work in the Public Rights-of-
Way, a Registrant shall establish in the City's favor a construction bond in an amount specified
in an engineering permit or other authorization as necessary to ensure the Registrant's faithful
performance of the construction or other work in the Public Rights-of-Way, in accordance with
Section 510 of the Land Development Regulations of the City. The amount of the construction
Ordinance No. 2000-
Page 25
bond shall be as set forth in the engineering permit, and may be modified in the City Manager's
reasonable discretion, based on the cost of the construction to take place in the Public Rights-Of-
Way, and any previous history of the Registrant concerning construction within the Public
Rights-of-Way of the City.
B. In the event a Registrant subject to such a construction bond fails to complete the
work in a safe, timely and competent manner in accordance with the provisions of the permit,
there shall be recoverable, jointly and severally from the principal and surety of the bond, any
damages or loss suffered by the City as a result, including the full amount of any compensation,
indemnification or cost of removal or abandonment of any property of the Registrant, or the cost
of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of
the bond.
C. No less than six (6) months after the completion of the construction of the
Telecommunications Facility and payment of all construction obligations to the satisfaction of
the City, the City may eliminate the bond. However, the City may subsequently require a new
bond for any subsequent work in the Public Rights-of-Way.
D. The construction bond shall be issued by a surety having a minimum rating orA-1
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the
Cky Attorney; and shall provide that:
"This bond may not be canceled, or allowed to lapse, until sixty
(60) days after receipt by the City, by certified mail, return receipt
Ordinance No. 2000-
Page 26
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew".
E. The rights reserved by the City with respect to any construction bond established
pursuant to this Section are in addition to all other rights and remedies the City may have under
this Ordinance, or at law or equity.
F. The rights reserved to the City under this Section are in addition to all other rights
of the City, whether reserved in this Ordinance, or authorized by other law, and no action,
proceeding or exercise of a right with respect to the construction bond will affect any other right
the City may have.
Section 13. Enforcement Remedies.
A. In addition to any other remedies available at law or equity or provided in this
Ordinance, the City may apply any one or combination of the following remedies in the event a
Registrant violates this Ordinance, or applicable local law or order related to use of the Public
Rights-of-Way:
(1) Failure to comply with the provisions of this Ordinance or other law
applicable to users and/or occupants of the Public Rights-Of-Way, may result in imposition of
penalties to be paid by the Registrant to the City in an amount of not less than One Hundred
Dollars ($100.00) per day or part thereof that the violation continues.
(2) In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
Ordinance No. 2000-
Page 27
B. Before imposing a fine pursuant to this Section, the City shall give written notice
of the violation and its intention to assess such penalties, which notice shall contain a description
of the alleged violation. Following receipt of such notice, the Registrant shall have thirty (30)
days to cure the violation and the City shall make good faith reasonable efforts to assist in
resolving the violation. If the violation is not cured within that thirty (30) day period, the City
may collect all fines owed, beginning with the first day of the violation, either by removing such
amount from the security fund or through any other means allowed by law.
C. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the
violation, the nature of the remedy required in order to prevent further violations, and such other
matters as the City determines are appropriate to the public interest.
D. Failure of the City to enforce any requirements of this Ordinance shall not
constitute a waiver of the City's right to enforce that violation or subsequent violations of the
same type or to seek appropriate enforcement remedies.
E. In any proceeding before the City Commission wherein there exists an issue with
respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant
shall be given the opportunity to provide such information as it may have concerning its
compliance with the terms of the Ordinance. The City Commission may find a Registrant that
does not demonstrate compliance with the terms and conditions of this Ordinance in default and
apply any one or combination of the remedies otherwise authorized by this Ordinance.
Ordinance No. 2000-__
Page 28
F. The City Manager or his/her designee shall be responsible for administration and
enforcement of this Ordinance, and is authorized to give any notice required by Law.
Section 14. Force Majeure.
In the event a Registrant's performance of or compliance with any of the provisions of
this Ordinance is prevented by a cause or event not within the Facility owner's control, such
inability to perform or comply shall be deemed excused and no penalties or sanctions shall be
imposed as a result thereof, provided, however, that such owner uses all practicable means to
expeditiously cure or correct any such inability to perform or comply. For purposes of this
Ordinance, causes or events not within a Facility owners control shall include, without limitation,
acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of
public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a
governmental agency or court. Causes or events within Registrant's control, and thus not falling
within this Section, shall include, without limitation, Registrant's financial inability to perform
or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of
Registrant's directors, officers, employees, contractors or agents.
Section 15. Reservation of Rights.
A. The City reserves the right to amend this Ordinance as it shall find necessary in
the lawful exercise of its police powers.
B. This Ordinance shall be applicable to all Telecommunications Facilities permitted
to be placed in the Public Rights-of-Way, on or after the effective date of this Ordinance, and
Ordinance No. 2000-
Page 29
shall apply to all existing Telecommunications Facilities in the Public Rights-of-Way prior to the
effective date o£ this Ordinance, to the full extent permitted by State and Federal Law, but shall
not operate to impair rights expressly granted by prior City Ordinance for the duration of such
authorization. In the event of any inconsistency between the terms and provisions of this
Ordinance and an existing £ranchise or other authorization, the existing franchise or other
authorization shall prevail for the duration of such franchise or other authorization. Providers
with existing lines and cables have one hundred and twenty (120) days from the Effective Date
o£this Ordinance to comply with the terms of this Ordinance, or be in violation thereo£
SECTION 2. Repeal of Conflicting Ordinances.
All ordinances or part of ordinances, and all resolutions or part o£ resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 3. Savings.
Ail £ees, charges and financial obligations previously accrued pursuant to any ordinances
and resolutions repealed pursuant to Section 2 above shall continue to be due and owing until
paid.
SECTION 4. Severability.
The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Ordinance No. 2000-
Page 30
SECTION 5. Effective Date.
its
This Ordinance shall be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who moved
adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
moved
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Peflow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
its adoption on second reading. This motion was seconded by
, and upon being put to a vote, the vote was as follows:
Commissioner
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patficia Rogers-Libert
Vice Mayor Jeffrey M. Peflow
Mayor Arthur I. Snyder
Ordinance No. 2000-
Page 31
PASSED AND ADOPTED on first reading this llth day of July, 2000.
PASSED AND ADOPTED on second reading this 1st day of August, 2000.
ATTEST
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
REDLINED
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER OF THE CITY CODE BY
ADDING SECTIONS 1 THROUGH 16; PROVIDING THE
TERMS AND CONDITIONS FOR THE ERECTING,
CONSTRUCTING, AND MAINTAINING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS,
ABOVE OR IN ANY MANNER WHATSOEVER USING THE
CITY'S PUBLIC RIGHTS OF WAY FOR THE PROVISION OF
TELECOMMUNICATIONS SERVICE; PROVIDING
ASSURANCES THAT THE CITY'S PUBLIC RIGHTS OF WAY
ARE USED IN THE PUBLIC INTEREST; PROVIDING FOR
CONFORMANCE WITH APPLICABLE LAW; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Commission of the City of Aventura has determined it is in the
public interest of the City to permit the placement of one (1) or more Telecommunications
Systems or Facilities in the Public Rights-of-Way of the City; and
WHEREAS, it is the intent of the City Commission to encourage competition by
providing access to the Public Rights-of-Way to the City on a nondiscriminatory basis; and
WHEREAS, Section 364.0361, Florida Statutes, requires that a local government treat
Telecommunications Companies in a nondiscriminatory manner when exercising the authority to
manage the Public Rights-of-Way; and
WHEREAS, it is the intention of the City Commission to recognize the interests of
Telecommunications Service Providers to install their facilities in Public Rights-of-Way as a
means of promoting the use of such technology for the good of the people of the City; and
WHEREAS, it is the intent of the City Commission to exercise the City's authority over
the Telecommunications Service Providers' occupancy of the Public Rights-of-Way; and
WHEREAS, these policies are in complete accord with both the letter and the spirit of the
Communications Act of 1934, as amended; and
WHEREAS, the enactment of the Telecommunications Act of 1996, amendments to
applicable statutes of the State of Florida and developments in telecommunications technology
and services have resulted in an increase in the number of persons certified by the Florida Public
Service Commission to provide Telecommunications Services; and
WHEREAS, various Telecommunications Service Providers have requested the right to
occupy the Public Rights-of-Way of the City for the purpose of installing, maintaining and
operating Telecommunications Systems or Facilities; and
WHEREAS, it is the City's intent to treat each Telecommunications Service Provider on
a competitively neutral and nondiscriminatory basis in granting te!eec,-v~-n..an~c~ic, n: ~anc~2:c:
access for use of the City's Public Rights-of-Way; and
WHEREAS, the Public Rights-of-Way subject to the control of the City (1) are critical to
the travel of persons and the transport of goods and other tangibles in the business and social life
of the community by all citizens; (2) are a unique and physically limited resource and proper
management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers
of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public
from such facilities' construction, placement, relocation, and maintenance in the Public Rights-
of-Way; (3) are intended for public uses and must be managed and controlled consistently with
that intent; and
WHEREAS, it is the intent of the City to exercise its authority to impose fees and adopt
reasonable rules and regulations to the fullest extent allowed by Federal and State law.
2
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
SECTION 1. Creation.
Sections through are hereby created as follows:
Section 1. Title.
This Ordinance shall be known and may be cited as the City of Aventura
Telecommunications Ordinance.
Section 2. Intent and Pnrpose.
It is the intent of the City of Aventura to promote the public health, safety, and general
welfare by providing for the use of the City's Public Rights-of-Way, to adopt and administer
reasonable regulations consistent with State and Federal Law, including Section 337.401, Florida
Statutes, and the City's home-rule authority in accordance with the provisions of the
Telecommunications Act of 1996, to provide for the payment of compensation and other
consideration by a Telecommunications Service Provider to the City for the cost of maintaining
the Public Rights-of-Way and for the privilege of using the City's Public Rights-of-Way for
constructing and maintaining Telecommunications Facilities; and to establish the reasonable
regulations concerning the use of the Public Rights-of-Way by all Telecommunications Service
Providers granted after the effective date of this Ordinance. In regulating its Public Rights-of-
Way, the City shall be governed by and shall comply with all applicable Federal, State and local
laws and regulations.
Section 3. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and derivations
shall have the meanings given herein. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural number. The words "shall" and "will" are
mandatory, and "may" is permissive. Words not otherwise defined herein or in any Frn,~nc, P2sc
· ~ .......... permit that might be granted hereunder shall be given the meaning set forth in the
Communications Act of 1934, 47 U.S.C. § 151 ~ ~., as amended (collectively the
"Communications Act"), and, if not defined therein, as defined by Florida Statute; and, if not
defined therein, be construed to mean the common and ordinary meaning.
A. "City" means the City of Aventura, an incorporated municipality of the State of
Florida, in its present form or in any later reorganized, consolidated, or enlarged form.
B. "Registrant" or "Facility Owner" shall mean a Telecommunications Company
that has Registered with the r- .... ~.. ·
...... j City in accordance with the provisions of this Ordinance.
C. "Registration" and "Register" shall mean the process described in Section 4
whereby a Telecommunications Provider provides certain information to the t- ...... ....... j City.'
D. "Gross Receipts" shall mean all cash, credits or property of any kind or nature,
with deductions for bad debt expense, reported as revenue items to the Registrant's audited
income statements arising from, or attributable to Recurring Local Service Revenues of
Registrant within the Frn~nc~2~c P~¢a City. The City reserves the right to amend the definition
contained herein as permitted by applicable Law. The definition herein shall not be applicable
a?,er Octc, bcr I, as of October Iq 2001; or such other date as provided by lawq provided that
Section 337.401q Florida Statues is amended effective October lq 200lq as set forth in
Florida Senate Bill 1338q enacted by the Florida Legislature on May 5q 2000.
4
E. "Law" means any local, State or Federal legislative, judicial or administrative
order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirements, as amended, now in effect or subsequently enacted or issued
including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as
amended by the Telecommunications Act of 1996, Pub L. No. 104-104 § 101(a), 110 Stat. 70
codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the
Federal Communications Commission or the governing State authority pursuant thereto.
F. "Person" means any individual, corporation, partnership, association, joint
venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee,
transferee or personal representative thereof, but shall not mean the City.
G. "PSC" means the Florida Public Service Commission.
H. "Public Rights-of-Way" means the surface, the airspace above the surface and
the area below the surface of any public street, highway, road, boulevard, concourse, driveway,
freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead,
wharf, pier, court, lane, path, alley, way, drive, circle, public easement, public place, or any
other property in which the City holds any kind of property interest or over which the City
exercises any type of lawful control and may lawfully grant access to pursuant to applicable law.
"Public Rights-of-Way" shall not include any real or personal City property except as described
above and shall not include City buildings, fixtures, and other structures or improvements,
regardless of whether they are situated in the Public Rights-of-Way.
I. "Recurring Local Service Revenues" means revenues from the monthly
recurring charges for local service, including but not limited to (1) recurring basic area revenues
derived from the provision of flat-rated basic area services; (2) recurring optional extended area
revenues derived from the provision of optional extended area services; (3) local private line
revenues derived from local services which provide communication between specific locations,
either through dedicated circuits, private switching arrangements, predefined transmission paths,
whether virtual or physical, or any other method of providing such services; (4) revenues from
the sale of local services for resale; and (5) other local service revenues from the provision of
secondary features that are integrated with the telecommunications network, including, without
limitation, services such as call forwarding, call waiting, and touchtone line service. Except as
provided herein, revenues from all recurring local services provided by a Registrant over a
Telecommunications Facility or System in the Public Rights-of-Way shall constitute Recurring
Local Service Revenues subject to this Ordinance. Recurring Local Service Revenues do not
include revenues from (1) toll charges for the transmission of voice, data, video, or other
information; (2) access charges paid by carriers for origination and/or termination of toll
telephone service as defined in Section 203.012(7), Florida Statutes, or other charges required by
the Federal Communications Commission which are directly passed through to end users; (3)
interstate service; (4) ancillary services such as directory advertising, directory assistance,
detailed billing services, inside wire maintenance plans, bad check charges, and non-recurring
charges for installation, move, changes or termination services; (5) cellular mobile telephone or
telecommunications services; or specialized mobile telephone or telecommunications service; or
specialized mobile radio, or pagers or paging service, or related ancillary services; (6) public
telephone charges collected on site; (7) teletypewriter or computer exchange services as defined
in Section 203.012(6), Florida Statutes; or (8) local message rated (message, unit or time basis)
6
and minutes of use charges in excess of the minimum flat-rated charges for similar services.
This definition shall not be applicable as of October 1, 2001~ or such other date as provided by
law~ provided that Section 337.401~ Florida Statutes is amended effective October 1~ 2001~
as set forth ia Florida Senate Bill 1338~ enacted by the Florida Legislature on May 5~ 2000.
J. "Telecommunications Company" has the meaning set forth in Section
364.02(12), Florida Statutes, as amended. The term "Telecommunications Company" does not
include an open video system.
K. "Telecommunications Service" shall include, without limitation, local service,
toll service as defined in Section 203.012(7) Florida Statutes, telegram or telegraph service,
teletypewriter service, private communication service as defined in Section 203.012(4) Florida
Statutes, or any other provision of two-way communications services to the public for hire.
"Telecommunications Service", as contemplated herein, does not include the provision of
service via an open video system, which shall require separate authorizations from the City.
L. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined herein, through the use of a Telecommunications
Facility.
M. "Telecommunications Facilities", "Facilities" or "Systems" means cables,
conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains,
surface location markers, appurtenances, and related facilities located, to be located, used, or to
be used, by a Telecommunications Service Provider in the Public Rights-of-Way of the City and
used or useful for the transmission of Telecommunications Services.
Section 4. Registration.
7
A. Each Telecommunications Service Provider that desires to erect, construct, install,
maintain, repair, expand, or use any Telecommunications Facilities in, under, over or across any
Public Right-of-Way in the City shall first Register with the City in accordance with the terms of
this Ordinance. As to Toll Service providers, such Registration shall he accepted by the City as
an ordinance of the City Commission.
B. Any Telecommunications Provider desiring to use the Public Right-of-Way shall
file a Registration with the t- .... ... ·
...... j City which shall include the following information:
(1) identify of the applicant and name, address and telephone number of applicant's
primary contact person in connection with the Registration;
(2) general description of the services to be provided (in other words, if applicant is or
expects to be a Local Service Provider and/or a Toll Service Provider);
(3) evidence of the insurance coverage required under this Ordinance and agrcz.l'ncnt t~
.......... j .......... j .... ,~ ...........acknowle ment that strant has received and
reviewed a copy of this Ordinance;
(4) a copy of Federal and/or State Certification authorizing the applicant to provide
Telecommunications Services.
C. The City will review the information submitted by the applicant. Such review
will be by the City grvgir~e~ Manager or his or her designee. If the applicant submits
information in accordance with Section ~t~ x
,~ B above, the Registration shall be effective and the
City shall notify the applicant of the effectiveness of Registration in writing. If the City
determines that the information has not been submitted in accordance with Section 4B above, the
City shall notify the applicant of the non-effectiveness of Registration, and reasons for the non-
effectiveness, in writing. The City shall so reply to an applicant within thirty (30) days atter
receipt of registration information from the applicant. A Registrant may cancel a Registration
upon written notice to the City noticing that it will no longer provide Local Service or Toll
Service using Public Rights-of-Way in the City and will no longer need to pull permits to
perform work in Public Right-of-Way.
D. A Registration shall not convey title, equitable or legal, in the Public Right-of-
Way. Registrants may only occupy Public Rights-of-Way for Telecommunications Facilities.
Registration does not excuse a Telecommunications Provider from obtaining appropriate access
or pole attachment before locating its Facilities on another Person's facilities. Registration does
not excuse a Provider from complying with all applicable City ordinances, including this
Ordinance.
E. Each applicant for a Registration or renewal thereof shall submit a non-refundable
application fee with the application in the amount of $2~500; provided that the fee may be
credited against fees due under Section 5 below. Fee amounts shall be established by Resolution
of the City Commission but in no event shall exceed the City's costs incurred in reviewing the
application
F. Registration with the City shall be nonexelusive. Registration does not establish
any priority for the use of the Public Right-of-Way by a Registrant or any other Registrants.
Registration are expressly subject to any future amendment to or replacement of this Ordinance
and further subject to any additional City Ordinances, as well as any state or federal laws that
may be enacted during the term of the Registration.
Section 5. Fees and Payments.
9
A. In consideration for the fights, privileges and permission granted hereunder, a
Registrant hereunder shall pay to the City annually a sum equal to one percent (1%) of Gross
Receipts of the Registrant on Recurring Local Service Revenues for services provided within the
corporate limits of the City. Included within such one percent (1%) maximum fee or
consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to Florida
Statute 337.401(5), and other impositions except ad valorem taxes and amounts for assessments
for special benefits, such as sidewalks, street pavings, and similar improvements, and
occupational license taxes levied or imposed by the City upon a Registrant. In the event that
applicable law currently permits or is amended to permit the City to collect a Franc?2~c fee
higher than one percent (1%), or permits the City to calculate the fee on revenues not specified
herein, the Registrant agrees to increase, following written notice from the City, its fee payments
to the City to that higher amount on the effective date of such law. In the event applicable law is
amended to require the City to collect a fee lower than the current statutory limit, the City shall
take all necessary steps to conform the requirements hereof to applicable law. All of the
aforestated payments shah be made to the City quarterly, with such payments made within
twenty (20) days following the end of each calendar quarter. Payments received after the 31~t
day shall be subject to interest at the maximum allowed by law, and late charges of one and one-
half percent (1 ½%) per month.
B. In the event a Registrant provides Telecommunications Services defined as toll
services in Section 203.012 (7), Florida Statutes, as a condition for granting permission to
occupy or use the Public Rights-of-Way of the City, the shall pay to the City annually no less
than Five Hundred Dollars ($500) per linear mile of any cable, fiber optic, or other pathway that
10
makes physical use of the Public Rights-of-Way. Any fee or other consideration imposed by this
Subsection in excess of Five Hundred Dollars ($500) per linear mile shall be applied in a
nondiscriminatory manner and shall not exceed the sum of:
(1) Costs directly related to the inconvenience or impairment solely caused by
the disturbance of the Public Rights-of-Way;
(2) The reasonable cost of the regulatory activity of the City; and
(3) The proportionate share of cost of land for such street, alley or other
public way attributable to utilization of the Public Rights-of-Way by a Telecommunications
Service Provider.
The fee or other consideration imposed pursuant to this subsection shall not apply in any
manner to any Telecommunications Company which provides Telecommunications Services as
defined in Section 203.012(3), Florida Statutes for any services provided by such
Telecommunications Company.
....... · ~ · .... ~-~ ;.,-~-~;~;~ Notwithstanding anything herein to the contrary, the City
shall at all times hereby require the maximum compensation allowed under applicable law.
t~ D. Except to the extent prohibited by applicable law: (1) the fee payments to be made
pursuant to this Section shall not be deemed to be in the nature of a tax; (2) such fee payments
11
shall be in addition to any and all taxes of a general applicability; (3) a Registrant shall not have
or make any claim for any deduction or other credit of all or any part of the amount of said fee
payments from or against any of said City taxes or other fees or charges of general applicability
which a is required to pay to the City, except as required by Law; and (4) the fee specified herein
is the minimum consideration for use of the Public Rights-of-Way, including all public
easements, for the purpose of operating installing and maintainin~ a Telecommunications
Facility.
t~ E. The payments required under this Section shall not apply ............ , .... a._~s
of October Iv 2001~ or such other date as provided by law~ provided that Section 337.401~
Florida Statutes is amended effective October 1, 2001~ as set forth in Florida Senate Bill
1338~ enacted by the Florida Legislature on May 5~ 2000.
Section 6. Reports and Records.
A. The City may, at its option, upon sixty (60) days notice to the Registrant, but in
no event more often than once per year, examine the records and accounting files, and such other
books and records, if such records relate to the calculation of Franc?2se fee payments or any
other payments due to the City under the terms ofa Fr~¢higc this Ordinance. The examination
of such books, accounts, records or other materials necessary for determination of compliance
with the terms, provisions, and requirements of a Fr~-nc~2gz this Ordinance shall be during
regular hours of business of the Registrant at an office of the Registrant located within the City,
or at another location satisfactory to the City. In the event that the City, pursuant to an audit,
determines that there exists a discrepancy in the amount paid and the amount owed to the City by
the Registrant in excess of two percent (2%), Registrant shall pay all reasonable costs, fees and
12
expenses of the audit. This Section shall not apply for periods after October 1, 2001 or such
other date as provided by law~ provided that Section 337.401~ Florida Statutes is amended
effective October 1~ 200L as set forth in Florida Senate Bill 1338~ enacted by the Florid~
Legislature on May 5~ 2000.
B. Upon reasonable request, a Registrant shall provide the following documents to
the City as received or filed:
(1) Any pleadings, petitions, notices, applications, communications,
reports and documents, and responses thereto, which may directly impact the obligations under
this Ordinance.
(2) Any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
C. In addition, the City may, at its option, and upon reasonable notice to the
Registrant, inspect the Facilities in the Public Rights-of-Way to ensure the safety of its residents.
D. The City shall keep any documentation, books and records of the Registrant
confidential to the extent required under Florida Statutes.
Section 7. Underground Installation; Relocation.
A. A r, ~.,.: ....... ~, :.~+~u :+~ ~:~:.: ..... ~ ........ ~ "" To the extent required by
applicable FPSC rules and regulations~ a Registrant shall install its Facilities underground.
B. Every Registrant which places or constructs Telecommunications Facilities
underground shall maintain appropriate participation in the regional notification center for
subsurface installations.
C. Any Telecommunications Facilities heretofore or hereafter placed upon, under,
13
over, or along any Public Rights-of-Way that is found by the City to be unreasonably interfering
in any way with the convenient, safe or continuous use or the maintenance, improvement,
extension or expansion of such Public Rights-of-Way shall, upon thirty (30) days written notice
to the Registrant or its agent, be removed or relocated by such Registrant at its own expense
except as explicitly provided under Section 337.403, Florida Statutes. The City Manager may
waive or extend the time within which a Registrant shall remove or relocate a
Telecommunications Facility, for good cause shown.
D. x2,~cncvzr Subiect to Section 337.403~ Florida Statutes~ whenever an order of
the City requires such removal or change in the location of any Telecommunications Facility
from the Public Rights-of-Way, and the Facility owner fails to remove or change the same at its
own expense to conform to the order within the time stated in the notice, the City may proceed to
cause the Telecommunications Facility to be removed. The expense thereby incurred except as
provided in Section 337.403(1)(a)-(c), shall be paid out of any money available therefor, and
such expense shall be charged against the owner of the Telecommunications Facility and levied,
collected and paid to the City.
E. Subject to Section 337.403, Florida Statutes, whenever it shall be necessary for
the City to remove or relocate any Telecommunications Facility, the owner of the
Telecommunications Facility, or the owner's chief agent, shall be given notice of such removal
or relocation and an order requiring the payment of the costs thereof, and shall be given
reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days in which
to file an appeal with the City Commission to contest the reasonableness of the order. Upon
receipt of a written appeal, the City Commission shall place the matter on the Commission's
14
agenda for consideration within forty-five (45) working days. Should the owner or the owner's
representative not appear, the determination of the cost to the owner shall be final, in accordance
with Section 337.404, Florida Statutes.
F. A final order of the City shall constitute a lien on any property of the owner and
may be enforced by filing an authenticated copy of the order in the office of the Clerk of the
Circuit Court of the County wherein the owner's property is located.
G. The City retains the right and privilege to cut or move any Facilities located
within the Public Rights-of-Way of the City, as the City Manager in his/her sole reasonable
discretion may determine to be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the City shall attempt to notify the owner of the
Facility, if known, prior to cutting or removing a Facility and shall notify the owner of the
Facility, if known, after cutting or removing a Facility.
H. Upon abandonment of a Facility within the Public Rights-of-Way of the City, the
owner of the Facility shall notify the City within ninety (90) days. Following receipt of such
notice, the City may direct the Facility owner to remove ail or any portion of the Facility if the
City determines that such removal will be in the best interest of the public health, safety and
welfare. In the event that the City does not direct the removal of the abandoned Facility by the
owner of the Facility, such owner, by its notice of abandonment to the City, shall be deemed to
consent to the alteration or removal of all or any portion of the Facility by another utility or
person.
I. Notwithstanding anything to the contrmy, a Facility owner agrees to provide the
City, within thirty (30) days of filing or receipt of such, any document that may prevent
15
compliance with the requirements of a permit in connection with the installation, construction or
maintenance of its Facilities, or use of Facilities in the Public Right-of-Way. This obligation
shall only extend to such work in the Public Right-of-Way for which a Facility owner has
applied for, or obtained a permit from the City.
Section 8. Use of Rights-of-Way.
A. A Facility owner agrees at all times to comply with and abide by all applicable
provisions of the State statutes and local laws including, but not limited to, applicable zoning
regulations not inconsistent with State and Federal laws.
B. Except in the case of an emergency, which shall include without limitation an out
of service condition affecting 911 service, and which shall require subsequent notification to the
City, no Telecommunications service provider shall construct any Facility on, over, above,
along, upon, under, across, or within any Public Right-of-Way which disrupts the Public Rights-
of-Way without first filing an application with and obtaining a permit from the City therefor,
pursuant to applicable permitting requirements of the City, including but not limited to Section
28-2 of the City Code, except as otherwise provided in this Ordinance. In case of the repair or
maintenance of an existing Facility, the City may impose lesser requirements than those set forth
herein. Unless otherwise required by the City Code, no permit shall be required for installation
and maintenance of service connections to customers' premises where there will be no disruption
of the Public Rights-of-Way.
C. As part of any permit application, the Facility owner shall provide a proposal for
construction of the Telecommunications Facility that sets forth at least the following:
(1) The location of the proposed Facility, including a description of the feet of
16
plant to be installed, where it is to be located, and the approximate size of Facilities and
equipment that will be located in, on, over, or above the Public Rights-Of-Way.
(2) A description of the manner in which the System will be installed (i.e.
anticipated construction methods and/or techniques), the time required to construct the System, a
maintenance of traffic plan for any disruption of the Public Rights-of-Way, including
information on the ability of the Public Rights-of-Way to accommodate the proposed System, if
available (such information shall be provided without certification as to correctness, to the extent
obtained from other users of the Public Rights-of-Way). Also, if appropriate given the System
proposed, an~,~..,.,,~+,~+~ v ............... J ,-- ~v .............. e ............ an estimate of the cost
of restoration to the Public Rights-of-Way. Such plan shall include the timetable for
construction for each phase of the project, and the areas of the City which will be affected.
D. The City may request such additional information as it finds reasonably necessary
to review an application for a permit to perform work in the Public Rights-of-Way, ~nd rcquirc
· · ' ~c ~.~:~:+: .... ~'~ :-~ ' City
.... ~ ~^~,a~+ .... to *~ ........ ~ ~^~"*'~., ................... tailed in. The shall have
the power to prohibit or limit the placement of new or additional facilities within the Public
Right .... ~ .......... :- +~ ....... ;~ ^c +~ t-;, ....... ~.~ ..... '+ ·
s-of-Way as ....~ .......... ~ ........................ ~ .......... ~ ..~ managc :,; ff there
is insufficient space to accommodate all of the requests of permittees to occupy and use the
rights-of-way. The City shall strive to the extent possible to accommodate all existing and
bli Right f-W
potential users of the Pu c s-o ay .................................. ..v, jtc
· ' but p hibit ii it
................. j .............................. ~FF ........... , may to or m
placement of new or additional facilities in any Public Ri[bt-of-Way as required because of
condition of the Public Ri[hts-of-Wa% the protection of existing facilities in the Public
17
Rights-of-Way, and future City plans for public improvements and development proiects
which have been determined by the City to be in the public interest
E. All Facilities shall be installed, located and maintained so as not to unreasonably
interfere with the use of the Public Rights-of-Way~ by the traveling public and to cause minimum
interference with the rights and convenience of proper~y owners who adjoin any of the Public
Rights-of-Way. The use of trenchless technology (i.e., directional bore method) for the
installation of Facilities in the Public Rights-of-Way as well as ioint trenching and/or the co-
location of facilities in existing conduit is strongly encouraged, and should be employed
wherever possible. The City may issue such rules and regulations concerning the installation and
maintenance of a Telecommunications Facility in the Public Rights-of-Way, as may be
consistent with applicable Law.
F. All safety practices required by applicable Law or accepted industry practices and
standards shall be used during construction, maintenance, and repair of the Telecommunications
Facilities.
G. In the event that at any time during the term of the rights granted herein the City
shah lawfully elect to alter, or change the grade of, any Public Rights-of-Way, upon reasonable
notice by the City, shall make any necessary removals, relaying and relocations of its
Telecommunications Facilities at its own expense, in accordance with applicable Law.
H. A Facility owner shall obtain any and all required permits and pay any and all
required fees before commencing any construction on or otherwise disturbing any Public Rights-
of-Way as a result of its construction, except as provided herein. The Facility owner shall, at its
own expense, restore such property to as good a condition as existed prior to commencement of
18
work. If such restoration is not performed in a reasonable and satisfactory manner within thirty
(30) calendar days after the completion of construction, the City may, after prior written notice to
Registrant, cause the repairs to be made at the Facility's owner expense. A permit from the City
constitutes authorization to undertake only certain activities on Public Rights-of-Way in
accordance with this Ordinance, and does not create a property right or grant authority to
impinge upon the rights of others who may have an interest in the Public Rights-of-Way.
Nothing herein shall prohibit the City from negotiating with a Facility owner for the installation
of a City conduit in any open trench that may be permitted; or prohibit a Facility owner from
exercising its rights under 47 U.S.C. Section 224.
I. All ongoing installation, construction and maintenance of a Telecommunications
Facility located in the Public Rights-of-Way shall be subject to the City's periodic inspection,
upon no less than three (3) days written notice to the Facility owner, for compliance with this
Ordinance, or any applicable provisions of the City Code.
J. A Facility owner shall not place its Facilities so as to interfere unreasonably with
any other person lawfully using the Public Rights-of-Way of the City.
K. A Facility owner shall deliver to the City, upon completion of any installation or
construction of new facilities, as-built plans showing the location of such facilities, or other such
plans acceptable to the City
~..~ ...... Manager. Such plans shall be provided in digitized format
showing the three-dimensional location of the Facilities based on the City's Geographical
Database datums, or other format acceptable to the City Eng:,nccr Manager.
L. Suspension of Permits. Subject to Subsection M below, the C,~ut'Xy City may
suspend a
19
permit for work in the Public Rights-of-Way for one or more of the following reasons:
(1) violation of permit conditions, including conditions set forth in this
Ordinance or other applicable provisions of the City Code or regulations governing use of Public
Rights-of-Way;
(2) misrepresentation or fraud by Registrant in a Registration or permit
application to the City;
(3) failure to relocate or remove facilities as may be lawfully required by the
City;
M. Final, written decisions of the City suspending a permit or denying an application
for a Registration are subject to appeal. An appeal must be filed with the City within thirty (30)
days of the date of the final, written decisions to be appealed. Any appeal not timely filed as set
forth above shall be waived.
Section 9. Compliance with Other Laws; Police Power.
A Facility owner shall at all times be subject to and shall comply with all applicable
Federal, State and local Laws. A Facility owner shall at all times be subject to all lawful
exercises of the police power of the City, to the extent not inconsistent with applicable Laws.
Section 10. Transfer of Control; Sale or Assignment.
A. If the Registrant transfers or assigns its Registration incident to a sale or other
transfer of the Registrant's assets, the transferee or assignee shall be obligated to comply with the
terms of this Ord'mance. Written notice of any such prospective transfer or assignment shall be
provided to the City at least twenty (20) days in advance of the date of such transfer. In order for
the transfer of Registration to be effective, such written notice must include the identity of the
20
prospective transferee or assignee, evidence of insurance coverage and
agreemem acknowledgment as required in Section 4 of this Ordinance.
B. Notwithstanding anything in this Ordinance, pledges in trust or mortgages or
other hypothecations of the assets of the Registrant to secure the construction, operation or repair
of its Telecommunications Facilities may be made without notice to the r-,.,,~,~.~j o City. Any
mortgage, pledge, lease or other encumbrance of the Telecommunications Facilities shall be
subject and subordinate to the rights of the City in this Ordinance or other applicable law.
Section 11. Insurance; Surety; Indemnification.
A. A Facility owner shall at all times maintain the following liability insurance
coverage insuring the Registrant and naming the City, its officers, boards, Commission,
Commission members, agents and employees as an additional insured: worker's compensation
and employer liability insurance to meet all requirements of Florida law and general
comprehensive liability insurance with respect to the construction, operation and maintenance of
the Telecommunications Facilities, and the conduct of Registrant's business in the City, in the
minimum amounts o12
(1)
(2)
(3)
$250,000 for property damage in any one accident:
$500,000 for personal bodily injury to any one person: and
$1,000,000 for personal bodily injury in any one accident.
B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide,
Property/Casualty Edition except as provided in (D) below. The City may require coverage and
amounts in excess of the above minimums where necessary to reflect changing liability exposure
21
and limits or where required by law. A Registrant may provide a portion of the insurance
coverage required by Section II{A) through excess or umbrella policies of insurance and
where such policies are in a form acceptable to the City's Risk Manager.
C. A Registrant shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate that
the City, its officers, boards, Commission, Commission members, agents and employees are
listed as additional insureds. In the event of a potential claim such that the City claims insurance
coverage, the Facility owner shall immediately respond to all reasonable requests by the City for
information with respect to the scope of the insurance coverage.
D. All insurance policies shall further provide that any cancellation or reduction in
coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given
to the City. A Registrant shall not cancel any required insurance policy without submission of
proof that the Registrant has obtained alternative insurance satisfactory to the City which
complies with this Ordinance. A Registrant that elects to self-insure all or a portion of the
insurance coverage and limit requirements required by this Section. A Registrant that self-insures
is not required, to the extent of such self-insurance, to comply with the requirement for the
naming of additional insureds under this Section. A Registrant that elects to self-insure shall
provide to the City evidence sufficient to demonstrate its financial ability to self-insure the
insurance coverage and limit requirements required under this Section, such as evidence that the
Registrant is a "private self insurer" under the Workers Compensation Act. For purposes of this
Section, "self-insure" shall also include a Registrant which insures through a "captive insurer" as
defined in Section 628.901, Florida Statutes.
22
E. A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and
defend the City, its officials, boards, Commission, Commission members, agents, and
employees, against any and all claims, suits, causes of action, proceedings, judgments for
damages or equitable relief, and costs and expenses arising out of the construction, maintenance
or operation of its Telecommunications System or Facilities, regardless of whether the act or
omission complained of is authorized, allowed or prohibited by this Ordinance, provided,
however, that a Facility owner's obligation hereunder shall not extend to any claims caused by
the misconduct or negligence of the City, its officials, boards, Commission, Commission
members, agents or employees. In addition, and notwithstanding anything to the contrary, any
Telecommunications service provider seeking initial or renewal registration on or after the
effective date of this Ordinance shall indemnify and hold harmless the City, its officials, boards,
Commission, Commission members, agents or employees from any claim arising by a third party
under Federal or State law, provided, however, that Registrant's obligation hereunder shall not
extend to any claims caused by the misconduct or negligence of the City, its officials, boards,
Commission, Commission members, agents or employees. This provision includes, but is not
limited to, the City's reasonable attorneys' fees incurred in defending against any such claim,
suit or proceedings, claims arising out of copyright infringements or a failure by the Registrant
to secure consents from the owners, authorized distributors, or providers of telecommunications
services, and claims against the Registrant for invasion of the right of privacy, defamation of any
person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade
name, service mark or patent, or of any other right of any person, finn, or corporation. City
agrees to notify the Registrant, in writing, within a reasonable time of City receiving notice, of
any issue it determines may require indemnification. Nothing in this Section shall prohibit the
23
City from participating in the defense of any litigation by its own counsel and at its own cost if in
the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance
of a conflict.
Section 12. Construction Bond.
A. Pr~c,r Except in the case of an emergency~ which shall include without
limitation an out of service condition affecting all service~ prior to performing any work in
the Public Rights-of-Way, a Registrant shall establish in the City's favor a construction bond in
an amount specified in an engineering permit or other authorization as necessary to ensure the
Registrant's faithful performance of the construction or other work in the Public Rights-of-Way,
in accordance with Section 510 of the Land Development Regulations of the City. The amount of
the construction bond shall be as set forth in the engineering permit, and may be modified in the
City Manager's ac, lc reasonable discretion, based on the cost of the construction to take place in
the Public Rights-Of-Way, and any previous history of the Registrant concerning construction
within the Public Rights-of-Way of the City.
B. In the event a Registrant subject to such a construction bond fails to complete the
work in a safe, timely and competent manner in accordance with the provisions of the permit,
there shall be recoverable, jointly and severally from the principal and surety of the bond, any
damages or loss suffered by the City as a result, including the full amount of any compensation,
indemnification or cost of removal or abandonment of any property of the Registrant, or the cost
of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of
the bond.
C.
No less than six (6) months after the completion of the construction of the
24
Telecommunications Facility and payment of all construction obligations to the satisfaction of
the City, the City may eliminate the bond. However, the City may subsequently require a new
bond for any subsequent work in the Public Rights-of-Way.
D. The construction bond shall be issued by a surety having a minimum rating of A-1
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the
City Attorney; and shall provide that:
"This bond may not be canceled, or allowed to lapse, until sixty
(60) days atter receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew''.
E. The rights reserved by the City with respect to any construction bond established
pursuant to this Section are in addition to all other rights and remedies the City may have under
this Ordinance, or at law or equity.
F. The rights reserved to the City under this Section are in addition to all other rights
of the City, whether reserved in this Ordinance, or authorized by other law, and no action,
proceeding or exercise of a right with respect to the construction bond will affect any other right
the City may have.
Section 13. Enforcement Remedies.
A. In addition to any other remedies available at law or equity or provided in this
Ordinance, the City may apply any one or combination of the following remedies in the event a
Registrant violates this Ordinance, or applicable local law or order related to use of the Public
25
Rights-of-Way:
(1) Failure to comply with the provisions of this Ordinance or other law
applicable to users and/or occupants of the Public Rights-Of-Way, may result in imposition of
penalties to be paid by the Registrant to the City in an amount of not less than One Hundred
Dollars ($100.00) per day or part thereof that the violation continues.
(2) In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
B. Before imposing a fine pursuant to this Section, the City shall give written notice
of the violation and its intention to assess such penalties, which notice shall contain a description
of the alleged violation. Following receipt of such notice, the Registrant shall have thirty (30)
days to cure the violation and the City shall make good faith reasonable efforts to assist in
resolving the violation. If the violation is not cured within that thirty (30) day period, the City
may collect all fines owed, beginning with the first day of the violation, either by removing such
amount from the security fund or through any other means allowed by law.
C. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the
violation, the nature of the remedy required in order to prevent further violations, and such other
matters as the City determines are appropriate to the public interest.
D. Failure of the City to enforce any requirements of this Ordinance shall not
constitute a waiver of the City's right to enforce that violation or subsequent violations of the
same type or to seek appropriate enforcement remedies.
26
E. In any proceeding before the City Commission wherein there exists an issue with
respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant
shall be given the opportunity to provide such information as it may have concerning its
compliance with the terms of the Ordinance. The City Commission may find a Registrant that
does not demonstrate compliance with the terms and conditions of this Ordinance in default and
apply any one or combination of the remedies otherwise authorized by this Ordinance.
F. The City Manager or his/her designee shall be responsible for administration and
enforcement of this Ordinance, and is authorized to give any notice required by Law.
Section 14. Force Majeure.
In the event a Registrant's performance of or compliance with any of the provisions of
this Ordinance is prevented by a cause or event not within the Facility owner's control, such
inability to perform or comply shall be deemed excused and no penalties or sanctions shall be
imposed as a result thereof, provided, however, that such owner uses all practicable means to
expeditiously cure or correct any such inability to perform or comply. For purposes of this
Ordinance, causes or events not within a Facility owners control shall include, without limitation,
acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of
public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a
governmental agency or court. Causes or events within Registrant's control, and thus not falling
within this Section, shall include, without limitation, Registrant's financial inability to perform
or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of
Registrant's directors, officers, employees, contractors or agents.
Section 15. Reservation of Rights.
27
A. The City reserves the right to amend this Ordinance as it shall find necessary in
the lawful exercise of its police powers.
B. This Ordinance shall be applicable to all Telecommunications Facilities permitted
to be placed in the Public Rights-of-Way, on or after the effective date of this Ordinance, and
shall apply to all existing Telecommunications Facilities in the Public Rights-of-Way prior to the
effective date of this Ordinance, to the full extent permitted by State and Federal Law, but shall
not operate to impair rights expressly granted by prior City Ordinance for the duration of such
authorization. In the event of any inconsistency between the terms and provisions of this
Ordinance and an existing franchise or other authorization, the existing franchise or other
authorization shall prevail for the duration of such franchise or other authorization.
Providers with existing lines and cables have one hundred and twenty (120) days from the
Effective Date of this Ordinance to comply with the terms of this Ordinance, or be in violation
thereof.
SECTION 2. Repeal of Conflicting Ordinances.
All ordinances or part of ordinances, and all resolutions or part of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 3, Savings.
All fees, charges and financial obligations previously accrued pursuant to any ordinances
and resolutions repealed pursuant to Section 2 above shall continue to be due and owing until
paid.
SECTION 4. Severability.
28
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 shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
SECTION 5. Effective Date.
29
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~~
Eric M. Soroka, Ci
Brenda Kelley, Communit~elopment Direct~
May 26, 2000
Proposed Amendment to Sign Code
Amortization Period for Wall Signs on Office Buildings
June 6, 2000 Local Planning Agency Agenda Item L~ ~)
Ist Reading June 6, 2000 City Commission Meeting Agenda Item
2"d Reading July I! , 2000 City Commission Meeting Agenda Item
Attached please find the proposed amendment to the Sign Code Ordinance to provide for the
following as discussed at the April 18, 2000 workshop meeting:
1. Provides for an amortization period to allow wall signs on office buildings to remain
until June 7, 2003, if registered; and
2. Provides for a ninety (90) day registration period.
Please feel free to contact me with any questions you may have.
/staff repot[s/Rev to Arno~ office bldg signs code
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;" BY AMENDING SECTION 901.11
"NON-CONFORMING SIGNS;" BY AMENDING
SECTION (B) "EXCEPTION TO AMORTIZATION
SCHEDULE;" BY AMENDING PARAGRAPH 3
THEREOF, SO AS TO PROVIDE FOR THE
EXPIRATION OF THE EXEMPTION OF OFFICE
BUILDING WALL SIGNS FROM THE AMORTIZATION
AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING OFFICE BUILDING
WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO
CONTINUE TO RELY UPON SUCH EXEMPTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura finds that it is necessary
to amend the City's Land Development Regulations in order to provide for the expiration
of the exemption of Office Building Wall Signs from the amortization and removal
requirement otherwise provided; and
WHEREAS, the City Commission finds that this amendment of the Land
Development Regulations will enhance the unique aesthetic character of the City; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan of the City.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~
Section 1. That the City's Land Development Regulations, as previously
enacted by Ordinance 99-09, are hereby amended by amending Chapter 9 "Sign
Ordinance No. 2000-__
Page 2
Regulations," at Section 901.11 "Non-Conforming Signs," by amending subsection (b)
"Exception To Amortization Schedule," by amending paragraph 3) thereof to read as
follows:
(b) Exception to amortization schedule.
3) Any of the following Non-conforming Signs that existed at
the time this Section became effective (June 3, 1997)
may be continued, although it does not conform to all the
provisions hereof, provided that no structural or text
alterations are made thereto:
4)(a) Monument Signs located in residential districts;.
8-)(b) Residential, Hospital and Office Building Wall Signs;
6).(.~ Flagpoles that existed at the time of the adoption of
this Section (June 3, 1997).
Provided, however; that the exemption from amortization and
removal provided by subsection 3)(b) above shall expire as to
Office Building Wall Signs on June 7, 2003, so that after such date,
Non-conforming Office Buildin,q Wall Signs shall be completely
removed from the premises or made to conform by June 7, 2003.
Additionally, all Non-conforming Office Building Wall Signs that are
not registered with the City Manager, pursuant to a form that he/she
shall provide, within 90 days of the effective date of this
amendment to paragraph 3) of subsection (b), are prohibited, shall
be removed immediately and shall not be entitled to status as lawful
nonconforming signs.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
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
Additions to existing text are shown by underline, deletions are shown by
2
Ordinance No. 2000-~
Page 3
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and 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 "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 Cohen, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, 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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
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
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
3
Ordinance No. 2000-
Page 4
PASSED on first reading this 6th day of June, 2000.
PASSED AND ADOPTED on second reading this 11th day of July, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Vice Mayor Jeffrey M. Perlow
July 6, 2000
Termite Ordinance
July 11, 2000 City Commission Meeting A,qenda Item 11
In order to resolve potential responsibility issues within the subject Ordinance that are
unclear, please place this item on the agenda for discussion and possible action.
JMP/tms
City of Aventura City Commission Meeting Date
Agenda Item No. ~)/~
Date of Visit, Investigation or Receipt of Expert Opinion
Nature of Contact (check as applicable)
Y Site Visit
: Investigation
: Expert Opinion
Substance of Contact:
Identity of Person Participating in Contact:
Filed this / l day of
Respectfully,
Commissioner or Board Member:
Name
S
M. Soro~ ' Clerk
www. herald.com
Published Daily
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority persona y appeared
MONICA KELLY
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of The Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida;
that the advertisement for
-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 Dude
County, Florida, and that the said newspaper has heretofore been continuously published in said
Dude 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 adve~isement.
Sworn to and subscribed before me
This 3 day of ~O O~CO~
A.D. 2000
'.~ ~/,d?. 5-ancy Reynolds
'.~""~.~¢' '..~o~- Co!~m~Jssi0n # ~ ~2
3613 N.E. 163rd Street
North Miami Beach, FL 33160
Lombardi's vending machine
route, said he recognized Lom-
bardi's voice when he listened
to an expletive-filled message
that a caller made to a Tallahas-
see TV station hours after the
State opens
prison for
teen girls
BY KARIN MEADOWS
Associated Press
WEST PALM BEACH --!
The 40 teenage g½rl.~ dressed in
gray shorts and white T-shirts,
shaking and clapping their
hands to the music, smiling as
they sing along, are not a high
school drill team.
Instead, these teens, ages 13
to 18, live behind a 15-foot fence
topped with razor wire.
"Left, left, left, right, left,"
sing the teenagers locked up at
Florida Institu/;e for Girls on
juvenile convictions ranging
from manslaughter to carjack-
Lug. "FIG is where we're at."
The number of girls ages 13
to 21 committing armed robber-
ies, dealing drugs and killing
people has skyrocketed in Flor-'
ida, forcing the state to open its
first maximum security prison
to house young women.
The goal is to rehabilitate
girls who -- besides commit-
ting felonies -- have worked as
prostitutes, suffered physical
and sexual abuse and already
have children of their own,
Department of Juvenile Justice
Secretary W.G. "Bill" Bankhead
said Wednesday at the prison's
official opening.
"This is not just a place te
warehouse these girls," Bank-
head said.
"We're going to turn these
ladies around so they will be
able to go into their communi-
ties and live productive, fruitfu
lives."
Besides teaching the girh
basic skills, such as how to dc
laundry, and more complicatec
tasks like parenting, the girh
are required to attend school
as well as daily group and indi
vidual therapy sessions, durin.
their 18-month to three-yea
stays at the facility.
$6,050.00, Amt, to start: $7,521.00. Ttl pymts, ~20,~58. Receive free mil;si 351~ -$-{~ ~(~"'
)/mi. thereafter. Purch, Opt. $21,116 @ Lse. End. WAC, JCC. Subject to avaitaibility
and prior sale, Must present this ad 1or free 1st payment offer. Offer ends 6/30/00.
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 adoption of the f,o~lowing
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 CHAPTER 9
"SIGN REGULATIONS;" BY AMENDING SECTION
901.11 "NON-CONFORMING SIGNS;" BY
AMENDING SECTION (B) "EXCEPTION TO
AMORTIZATION SCHEDULE;" BY AMENDING
PARAGRAPH 3 THEREOF, SO AS TO PROVIDE
FOR THE EXPIRATION OF THE EXEMPTION OF
OFFICE BUILDING WALL SIGNS FROM THE
AMORTIZATION AND REMOVAL REQUIREMENT,
INSTEAD OF ALLOWING NON-CONFORMING
OFFICE BUILDING WALL SIGNS WHICH EXISTED
ON JUNE 3, 1997, TO CONTINUE TO RELY UPON
SUCH EXEMPTION; PROVIDING FOR
SEVERA.BILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
The above described Public Hearing will be held on Tuesday, July
11. 2000, at 6 p.m. 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 proposed Ordinance. 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 with the Americans with Disabilities Act of 1990, all
)ersons who are disabled and who need special accommodations
to participate in this proceeding because of that disability should
contact the Office o1 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
--;
,l:.
&Ua
Date and Time of Public Hearing: Tuesday, July 11, 2000
6:00 p.m.
Applicant Name: Aventura Hospital & Medical Center
Applicant's Request: The applicant is requesting abandonment of a
307-toot segment of NE 27 Court to facilitate fu-
ture development of the Aventura ,Hospital and
Medica! Center.
Application Number: 02-AR-OO
Location Of Subject Property: NE 27 Court extending from NE 211
Street to the north approximately 307
feet.
Legal Description: All of Berkeley Avenue (a.k.a. NE 27 Court) that
lies northerly of Seabreeze Drive (~.k.a. NE 211
Street) lying between Block I and Block J, HAL-
LANDALE PARK NO.6, according to the plat ,
thereof as recorded in Plat Book 17 at Page 56, J
public records of Miami-Dade Country, Florida.
Size of Subject Property: AliProximately 15, 594 square feet (0.358 ~
acres). tJ
Plans are on file and may be examined during regular business hours in 'l
the City of Aventura, Community Development Department, 2999 NE 191 '1-
Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or I
before the Public Hearing. The application may change during the hearing K
process.
The Public Hearing will be held at Blscayne Medical Arts Building, .
21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33160. Your .is
comments may be made in person at the hearing or filed in writing prior to \\
the hearing dale. Refer to applicanVproperty on correspondence and mail
same to. City of Aventura, Community Development Department, 2999 .J(
NE 191 Street, Suite 500, Aventura, Florida, 33180. For further informa-
tion, please call (305) 466-8940. .
In accordance with the Americans with Disabilities Act of 1990, all per- 't
sons who are disabled and who m~ed, special accommodations to partici. .a
pate in this proceeding because of that disability should contaet the Office ~
of the City Clerk, 466-8901, not later than two business days prior to such '8'
proceedings. _Q
If a person decides to appeal any decision made by the City Commis- 'JI
sian with respect to any matter considered at a meeting or hearing, that 9l.
person will need a record 01 the proceedings and, lor such pucpose, may -Vl
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
6/30
Teresa M. Soroka, CMC, City Clerk
OQ-3-86166404M
'!!!!!!!!!
NI~