02-01-2000 CC Meeting AgendaAThe Gty, of
kYe12t ur a
AGENDA
Februar"y I, 2DDD- 6 PM
(immed~ly following LPA hqrinD)
'1. CALL TO ORDER~ROLL CALL
2. PLEDGE OFALLEGIANCE
3. APPROVAL OF MINUTES: Commission Meeting
Commission Workshop
AGENDA: Request for Deletions/Emergency Additions
January 4, 2000
Jammry 21, 2000
5. SPECIAL PRESENTATIONS:
Certificates of Appointment to Beautification Advisory Board Members
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 discussio;~ 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 APPROVING THE "CARLISLE AT
AVENTURA" FINAL PLAT SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
(Approves final plat for Carlisle at Aventura)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT
BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK
VILLAGE FOR LAW ENFORCEMENT ACTIVITIES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Mutual Aid Agreement with Indian
Creek Village)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER
INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
(Authorizes City Manager to execute Mutual Aid Agreement with Miami-
Dade County)
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINED CONTRACT ATTACHED
HERETO BY AND BETWEEN THE CITY OF AVENTURA AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION,
WHICH CONTRACT SHALL BE EFFECTIVE UPON
SIGNATURE BY THE CITY MANAGER AND THE DADE
COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manger to execute Collective Bargaining Agreement
with the Dade County PBA)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING A CONTRACT FOR THE
CITY'S DENTAL INSURANCE PROGRAM TO MANAGED CARE
OF NORTH AMERICA/METLIFE; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
2
NECESSARY TO CARRY OUT THE AIMS OF
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Awards bid for employee dental pl~ to Managed CarcfMctLife)
PUBLIC HEARING: ORDINANCES - FIRST AND ONLY READING:
THIS
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE PROPERTY LOCATED NORTH OF WILLIAM LEHMAN
CAUSEWAY, SOUTH OF YACHT CLUB WAY BETWEEN EAST
COUNTRY CLUB DRIVE AND MYSTIC POINT DRIVE FROM
MEDIUM HIGH DENSITY RESIDENTIAL TO BUSINESS AND
OFFICE; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
NE 28 COURT AND NE 185 STREET FROM MEDIUM HIGH
DENSITY RESIDENTIAL TO BUSINESS AND OFFICE; AND
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE PROPERTY LOCATED AT 2890 NE 187 STREET FROM
MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER;
AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF
NE 213 STREET AND THEORETICAL NE 32 AVENUE FROM
MEDIUM DENSITY RESIDENTIAL TO BUSINESS AND OFFICE;
AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE THREE CONTIGUOUS PROPERTIES LOCATED ALONG
THE EAST FRONTAGE OF BISCAYNE BOULEVARD BETWEEN
NE 187 STREET AND NE 191 STREET FROM TOWN CENTER
TO BUSINESS AND OFFICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
PUBLIC HEARING: ORDINANCES -FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE FUNCTIONAL CLASSIFICATION
AND NUMBER OF LANES MAP FOR NE 203 STREET FROM
BISCAYNE BOULEVARD TO NE 29TM AVENUE BY DELETING
ITS CLASSIFICATION AS A LIMITED ACCESS HIGHWAY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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.
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.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
ADDING SIX (6) NEW POLICIES (POLICIES 1.11 THROUGH
1.16) TO OBJECTIVE ONE OF THE INTERGOVERNMENTAL
COORDINATION ELEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE LAW;
4
PROVIDING FOR MUNICIPAL OWNERSHIP OF A
TELECOMMUNICATIONS SYSTEM; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 30 "ENVIRONMENT" BY CREATING
ARTICLE V "TERMITE DAMAGE PREVENTION" CONSISTING
OF SECTION 30-180 "TERMITES; DEVELOPMENT OF LAND;
ANNUAL INSPECTION;" PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTY; PROVIDING FOR EFFECTIVE DATE.
'10. RESOLUTIONS: None.
OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION RE: LENGTH OF TERM OF
ADVISORY BOARD CHAIRPERSONS (Commissioner Cohen)
12. REPORTS
~3. PUBLIC COMMENTS
~14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
Commission Workshop
February 25, 2000
Commission Meeting
March 7, 2000
6 p.m.**
5
CITY COMMISSION MEETING
ooo
Biscayne Medical Aris Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M Perlow, Patricia Rogem-Libert, Vice Mayor Arthur Berger,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
PLEDGE OF ALLEGIANCE. W. Tee Holloway led the pledge of allegiance.
ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parle 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 MOTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA
APPROVING A MODIFICATION TO PARAGRAPH 1(C) OF RESOLUTION NO.
99-52 TO ALLOW AN ADDITIONAL 90 DAYS.
At the direcfion of the City Manager, this item was withdrawn from the agenda.
APPROVAL OF MINUTES: A motion to approve the minutes of the October 29,
1999 Commission Workshop Meeting, the November 2, 1999 Commission meeting,
November 23, 1999 Commission Meeting and November 23, 1999 Commission
Workshop Meeting was offered by Commissioner Rogers*Libert, seconded by
Commissioner Cohen and unanimously passed.
AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
SPECIAL PRESENTATIONS: Mayor Snyder presented a Certificate of Appreciation
to Aventura resident Noel Sturtz for his piano performance to benefit the Matthew
Forbes Romer Foundation.
7. CONSENT AGENDA:
Vice Mayor Berger requested removal of items 7C and 7F from the Consent
Agenda.
A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously
passed and the following aclion was taken:
A. Resolution No. 2000-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BE'rWEEN COMMODORE PLAZA CONDOMINIUM
ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
B. The following motion was adopted:
MOTION ADOPTING THE YEAR 2000 LEGISLATIVE PROGRAM AND
PRIORITIES IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED NOVEMBER 30, 1999
D. Resolution No. 2000-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2000-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "AVENTURA LAKES PHASE
I1" FINAL PLAT SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR RECORDATION; PROVIDING AN EFFECTIVE DATE,
The following items were removed from the Consent Agenda and addressed separately:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF
AVENTURA, FLORIDA REQUESTING CONGRESS TO ADOPT
LEGISLATION PROVIDING FOR SALES AND USE TAX FAIRNESS
2
AMONG ALL RETAIL MERCHANTS; AND PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Berger noted a typographical error in the last Whereas clause and
requested that the word "principals~ be changed to "principles," A motion for
approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Holzberg. Commissioner Beskin moved, seconded by
Commissioner Perlow, that the Resolution be amended to provide that the City of
Aventura urges Congress to lift the moratorium on intemet sales taxation. The
amendment passed 4-3, with Commissioner Rogers-Libert, Vice Mayor Berger
and Mayor Snyder voting no. The motion for approval of the Resolution, as
amended, passed unanimously and Resolution No. 2000-04 was adopted.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "AVENTURA WALGREENS
SUBDIVISION" FINAL PLAT SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert seconded by
Vice Mayor Berger, unanimously passed and Resolution No. 2000-05 was
adopted.
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
B. (Taken out of order) Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 30 "ENVIRONMENT" BY CREATING ARTICLE V "TERMITE
DAMAGE PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL INSPECTION;"
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen, Commissioner Perlow requested that the ordinance be
amended to provide that homeowners associations are responsible for obtaining
compliance from the respective homeowners in the associations. An amendment
was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert
3
and unanimously passed to eliminate imprisonment from the penalty clause. The
motion for approval, as amended, unanimously passed by roll call vote.
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
THE TERMS AND CONDITIONS FOR THE ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN
ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS
OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING
FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
MUNICIPAL OWNERSHIP OF A TELECOMMUNICATIONS SYSTEM;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Berger, seconded by
Commissioner Perlow and unanimously passed by roll call vote. This issue to
be addressed in detail at the January Workshop meeting.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1999/2000 FISCAL
YEAR BY REVISING THE 199912000 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Berger. 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 Ordinance No. 2000-01 was enacted.
B. Mr. Weiss read the following ordinance by title:
4
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998199 FISCAL YEAR
BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roil call vote and Ordinance No, 2000-02 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
'12. REPORTS: As presented.
'13. PUBLIC COMMENTS: Bernie Weinstein, Terraces at Turnberry.
'14.
ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 6:50 p.m.
Teresa M. Soroka, CMC/AAE 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
5
ventura
MINUTES
CITY COMMISSION
WORKSHOP MEETING
JANUARY 21, 2000 9 AM
Aventura Government Center
2999 NE 191~ Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur L Snyder. Present
were Commissioners Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M
Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M Soroka, and City Attorney David
M Wolpin. As a quorum was determined to be present, the meeting
commenced.
TELECOMMUNICATIONS ORDINANCE. Matt Leibowitz, Esq. and
Braulio Baez, Esq. of Leibowitz & Associates, the City's cable counsel
provided a comprehensive information packet relative to this issue,
including industry comments, evaluation and analysis. Sharon Liebman,
Esq., counsel for BellSouth and Susan Masterton, Esq., representing
FTIA, addressed the Commission. City Manager to provide additional
information to the Commission prior to second reading on February 1st.
2. AVENTURA HOSPITAL: Deferred.
FOUNDERS PARK GAZEBO DESIGN: Community Services Director
Robert M. Sherman provided a proposed design for Commission review.
Consensus to approve.
OFFICE BUILDING SIGNAGE: Brenda Kelley, Community Development
Director, discussed the City's current office sign regulations, provided
comparisons to neighboring jurisdictions' regulations, and proposed
revisions to City's regulations. (Mayor passed gavel to Vice Mayor for this
discussion due to a possible conflict). George Berlin, Turnberry &
Associates, William Landa, Joe Platnick, and Michael Snyder, Esq. spoke
to this issue. Consensus to approve proposed revisions and provide 2
signs of equal size per building on all office buildings except those facing
residential areas. Staff to propose regulations regarding office buildings
facing residential areas. Determination of grandfathering nonconforming
buildings to be discussed at next workshop meeting.
5. AVENTURA BLVD. ENTRANCE FEATURES: Consensus to proceed.
6. MALL SIGNAGE: George Berlin, Turnberry Associates and Dave
Rinehart, Turnberry's traffic consultant, addressed the Commission
regarding supplemental signage. Consensus to recommend approval.
Commission suggested an additional sign on Biscayne Blvd. between
Miami Gardens Drive and the Lehman Causeway.
BOARD REPORTS. Marian Nesbitt reported as to the Beautification
Advisory Board's recent meeting.
Mr. Soreka provided an update as to the status of the Gun Free Zone
issue.
Mayor discussed possible partnership with the School Board for an
elementary school in the City. Commission directed City Manager to
further discuss this issue with the School Board, discuss participation by
Sunny Isles Beach and Golden Beach, and encourage more than just a
primary learning center for the City.
ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously
passed, the meeting adjourned at 12:30.
Teresa M, Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishimg 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
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, ~¢~--.y~
Brenda Kelley, Com'n~
January 18, 2000
,.velopment Direct~
Request of Aventura Apartments Limited Partnership
for Final Plat Approval
Carlisle at Aventura Residential Apartments (03-SUB-00)
NE corner of NE 185th Street and NE 28th Court, Aventura
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the Carlisle At Aventura
Final Plat.
THE REQUEST
The applicant, Aventura Apartments Limited Partnership, is requesting Final Plat
approval of the subject property with the intent of constructing twenty-two
residential buildings to house 180 luxury rental apartments on this site. (See
Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Aventura Apartments Limited
Partnership
LOCATION OF PROPERTY
NE corner of NE 185th Street and NE
28th Court (see Exhibit #2 for Location
Map)
SIZE OF PROPERTY
Approximately 6.9777 acres
LEGAL DESCRIPTION
a portion of the North ½ of the Southeast ¼ of
the Southwest ¼ of Section 3, Township 52
South, Range 42 East, Miami-Dade County,
Florida
DESCRIPTION
The applicant proposes to construct twenty-two residential buildings on this site
with a total of 180 luxury rental townhouse-type apartments. The applicant has
conveyed to the City, a temporary construction easement and a permanent
maintenance easement over a triangular piece of property measuring 193 square
feet at the corner of NE 185th Street and NE 28th Court to facilitate the City's
roadworks currently underway at this intersection.
In order to approve the site plan, the applicant requested and was granted a
rezoning from industrial to residential, a variance to allowable lot coverage and a
variance to building separation distance. These requests were approved by
Resolution 98-99 passed December 15, 1998. As a condition of approval, the
applicant agreed to provide funding for roadworks on NE 185th Street and NE
28th Court in the amount of $186,430.00. Payment was received by the City on
April 28, 1999.
On November 20, 1998, the City approved the tentative plat for this site, with the
condition that the final plat indicate and dimension a 35 foot landscape buffer on
the west side of the property and a 25 foot buffer on the north side of the
property. This condition was contained in the "Moratorium Waiver Request:
Eddie Yeh Proper[y" approved by City Commission on January 6, 1998. The
final plat submitted with this report does indicate and dimension the required
buffers.
ANALYSIS
Site Plan - A site plan for twenty-two three-story townhouse type residential
buildings with a total of 180 luxury rental units was approved by the City on
February 1, 1999.
Tentative Plat - The tentative plat was approved by the City on November 20,
1998. The tentative plat was subsequently approved, with standard conditions,
by Miami-Dade County on November 12, 1999.
Zoning - The site is zoned RMF3, Multi Family Medium Density Residential,
according to the City of Aventura Zoning Map.
2
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential.
Access - The site is bounded by two open public roads, those being NE 185~h
Street and NE 28th Court. The approved site plan permits one driveway access
from NE 185th Street.
3
PRITZKER
R E S I D E N T I A L
JanuaryS, 2000
Ms. Brenda Kelley, Director
City of Aventura Community Development Department
2999 N.E. 191 Street
Suite 500
Aventura, Florida 331g0
RE: LETTER OF INTENT FOR THE CARLISLE AT AVENTURA FINAL PLAT
Dear Ms Kelley:
Enclosed is the Final Plat Approval Application for the Carlisle at Aventura. It is our intention to
develop this property for 180 luxury rental apartments. This property is located at the Northeast corner
of the intersection of N.E. 185~ Street and N.E. 28~ Court. A Tentative Plat, (Number: T-20346-2-
EXT), was granted on November 12, 1999 by the Miami-Da& County Plat CommiCee, and we look
forward to your favorable response regarding the Final Plat at the hearing on Feb~tary PL If you have
any questions or require additional information, please let me know.
Sincerely,
Sean Flanagan
Project Manager
EXHIBIT #1
03-SUB-O0
MIAMI
UJ
YACHT CLUB DR.
192ST.
SUBJECT SITE
EXHIBIT #2
03-SUB-O0
LEGEND
RESOLUTION NO..
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
"CARLISLE AT AVENTURA" FINAL PLAT SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Aventura Apartments Limited Partnership, by and through
Application No. 03-SUB-00, has requested Final Plat approval for Carlisle at Aventura,
Section 3, 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 for Carlisle at Aventura, Section 3, Township 52S,
Range 42E, of the Public Records of Miami-Dade County, Florida as more particularly
described as:
A PORTION OF THE NORTH ONE-HALF (N1/2) OF THE
SOUTHEAST ONE-QUARTER (SEl/4) OF THE
SOUTHWEST ONE-QUARTER (SWl/4) OF SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, (MIAMI-DADE
COUNTY, FLORIDA) CITY OF AVENTURA, DADE
COUNTY, FLORIDA.
Resolution No.
Page 2
is hereby granted exclusively to the Applicant.
Section 2.
face ofthe 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.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1" day of February, 2000.
ATTEST:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
Arthurl. Snyder, Mayor
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of ,2000.
CITY CLERK
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Law Enforcement Mutual Aid Agreement Between the City and Indian
Creek Village
February 1, 2000 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the renewal and execution of the Law Enforcement Mutual Aid Agreement with Indian
Creek Village.
BACKGROUND
The City originally entered into the Mutual Aid Agreement in 1997. The subject
agreement expired on January 1,2000.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0838~00
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
Indian Creek Village and the City of Aventura for ~aw enforcement activities in substantially
the form as attached hereto,
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption,
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Resolution No.
Page 2
Commissioner Jeffrey M. Pedow
Commissioner Patdcia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1~ day of February, 2000.
ARTHURLSNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITYATTORNEY
EMSAms
PUBLIC SAFETY DEPARTMENT
INDIAN CREEK VILLAGE, FLORIDA
'An Internationa£fy Accredited Police Service
Protecting & Serving Amer~ca x Most Exclusive Municipality
December 20, 1999
Chief Thomas Ribel
Aventura Police Department
2999 NE 191st Street
Aventura, FL 33180 ./
Dear Chie~bel: ]~
As you are aware the Mutual Aid Agreemem and the Joint Declaration between our
respective municipalities soon will expire I have taken the liberty to prepare a new
agreement and have enclosed five signed copies of the Mutual Aid Agreement and the
Joint Declaration between our jurisdictions
Upon completing whatever steps are necessary for your City to execute the enclosed
documents, please retain two copies for your files and return the remaining three copies
to Lt. Michele Brock as soon as possible. We'll be happy to fo~svard a copy of the
agreement to the Mutual Aid Program Director at FDLE
We look forward to continuing to work with your agency to ensure the public's safety in
both ofo/ut communities.
Sincerely'; .¢'~
Lei~nard A Matarese,
Chief of Public Safety
L.'W}jt
Enclosures
9080 BAY DRIVE, INDIAN CREEK, FLORIDA 33154-3212
Adminislration: 305 8654121 DeskOllicer: 3[)58662446 Fax 3058652502
MUTUAL AiD AGREEMENT
Between Indian Creek Village and the City of Avemura
WHEREAS, it is the responsibility of the govemmems of the Indian Creek Village, Florida and
the City of Aventura, Florida to ensure the public safety of their citizens by providing adequate
levels nfpohce services to address any foreseeable routine or emergency situation; and
YVI-IEREAS, because oftbe existing and continuing possibility of the occurrence of law
enforcemem problems and other natural and man-made conditions which are, or likely to be,
beyond the control of the smwices, personnel equipment or facilities nfthe participating municipal
police departments; and
WlfEREAS, in order to ensure the preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and to
preserve the lives and property of the people oftbe participating Miami-Dade County
municipalities; and
X3FdEREAS, the participating Miami-Dade County municipalities have the authority under
Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter nito a mutual aid agreement.
NOW, THEREFORE, BE IT KNOWN, that the Indian Creek Village, subdivision of the State of
Florida. and the undersigned representatives, in consideration for mutual promises to render
valuable aid in times of necessity, do hereby agree to fully and faithfi~lly abide by and be bound by
the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting rendering of assistance
for both routine and law enforcement intensive situation this Mutual Aid Agreement combines the
elements of both a voluntar3, ceoperafion agreement and a requested operational assistance
agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
Joint declaration: A document which enumerates the various conditions of situations where
aid may be requested or rendered pursuant to this agreement, as determined by concerned
agenc~v heads. Subsequent to execution by the concerned agency heads, the joint
declaration shall be filed with the clerks of the respective political subdivisions and shall
therea~er become part of this Agreement. Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent declaration with the
clerks of the respective political subdivisions.
Agency or participating law enfbrcement agency: Either the indian Creek Village Public
Safety Department or the Aventura Police Department.
C. Agency Head: Either the Chief of the Indian Creek Village Public SafeW Department, or
the Chief's designees, and the Chief of Police of the Aventura Police Department, or the
Chiefs designees.
Participating municipal police department: The police department of any municipality in
Miami-Dade County, Florida that has approved and executed this Agreement upon the
approval of the governing body of the municipality.
Certified law enforcement employee: Any law enforcement employee certified as provided
in Chapter 943, Florida Statutes.
Operations:
In the event that a party to this agreement is in need of assistance as specified in the
applicable joint declaration, an authorized representative of the police department requiring
assistance shall notify the agency fi.om which such assistance is requested. The authorized
agency representative whose assistance is sought shall evaluate the situation and has
available resources, and will respond in a maturer deemed appropriate.
Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities,
and other resources and to render services to the other party as required to assist the
requesting part3' in addressing the situation which caused the request; provided however,
that no party shall be required to deplete unreasonably its own manpower, equipment,
facilities, and other resources and services in rendering such assistance.
The agency heads of the participating law enforcement agencies, or the requesting agency,
and for giving tactical control over accomplishLng any such assigned mission and
supervisory control over all personnel or equipment provided pursuant to this Agreement
to the providing agency.
Powers, Privileges. Immunities, and Costs:
All employees of the participating municipal police department, certified law enforcement
employees as defined in Chapter 943. Florida Statutes, during such time that said
employees are actually providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with this Agreement, shall
pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their duties in the political
subdivision in which they are normally employed.
The political subdivision having I-mancial responsibility for the law enforcement agency
providing the services, personnel, equipment, or facilities pursuant to the provisions of this
Agreement shall bear any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
The political subdivision having financial responsibility for the law enforcement agency
providing aid pursuant to this Agreement shall compensate all of it's employees rendering
aid pursuant to this Agreement, during the time of rendering of such aid and shall defray
the actual travel and maintenance expenses of such employees while they are rendering
such aid. Such compensation shall include any amounts paid for due for compensation due
to personal injury or death while such employees are engaged in rendering such aid. Such
compensation shall also include all benefits normally due such employees.
All exemption from ordinances and rules, and all pension, insurance, relief, disabiliiy,
workers compensation, salary, death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when performing their respective
fimctions within the territorial limits of their respective agencies, shall apply to them to the
same degree, manner, and extent while engaged in the perfbrmance of thair functions and
duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision
of this Agreement shall apply with equal effect to paid and auxiliary employees.
Indemnification: The political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify
the requesting law enforcement agency and it's political subdivision hi any suit, action or claim for
damages resulting from any and all acts or conduct of employees of said providing agenc5 while
providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where
applicable.
Forfeitures: It is recognized that during the course of the operation of the Agreement, property
subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized.
The properly shall be seized, forfeited, and equitably distributed among the participating agencies
in proportion to the amount of investigation and participation performed by each agency. This
shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act.
Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled
by the provisions of the latter, whenever conditions exist that are within the definitions stated in
Chapter 23 Florida Statutes.
Effective Date and Duration: This Agreement shall be in effect from date of signing, through and
including January 1st, 2005, under no circumstances nmy this Agreement be renewed, amended or
extended except in ~witing.
10. Cancellation: This Agreement ma5 be canceled by either par~ upon sixty (60) days Ywitten notice
to the o~er parfy. Cancellation will be at the discretion of the Chief executive officers of the
~parti ereto.
AG~KNOWLEDGED this day of 1999
Villag~lanag~gln~an ("~k Village, Florida Manager Aventura. Florida
ATTEST:
ATTEST:
Clerk Aventura, Florida
APPROVED AS FO FORM AND LEGAI SUFFICIENCY
JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE
DEPARTMENT AND THE CHIEF OF THE INDIAN CREEK VILLAGE PUBLIC SAFETY
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the mutual aid agreement when:
participating in law enforcement activities that are pre-planned and
approved by each respective agency head, or
appropriately dispatched in response to a request for assistance from the
other taw enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, bereto entered
into by the City of Aventura, Florida and the Indian Creek Village, Florida, it is hereby
declared that the following list comprises the circumstances and conditions under which
mutual aid may be requested and rendered regarding police operations pursuant to the
agreement, Said list may be amended or supplemented from time to time, as needs
dictate by subsequent declarations
1
2
Joint multi-jurisdictional criminal investigations
Civil affray or disobedience, disturbances, riots, large protest demonstrations.
controversial trials, political conventions, labor disputes and strikes
3
4
6
7
8
9
Any natural disaster
Incidents which require rescue operations and crowd and traffic control measures,
including, but not limiting to, large-scale evacuations, aircraft and shipping disasters, fires,
explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical
or hazardous waste spills, and electrical power failures
Terrorist activities including, but not limited to, acts of sabotage
Escapes from or disturbance within detention facilities
Hostage and barricaded subject situations, and aircraft piracy
Control of major crime scenes, area searches, perimeter control, backups to emergency
and in-progress calls, pursuits, coordinated off-duty work, and m~ssing persons calls
Participating in exigent situations without a formal request that are spontaneous
occurrences such as area searches for wanted subjects, perimeters, cnmes ~n progress,
escaped prisoners Traffic stops near municipal boundaries, request for assistance and no
local unit is available or nearby, calls or transmissions indicating an officer is injured, calls
indicating a cdme of incident has occurred in which a citizen may likely be injured and the
assisting municipality is closer to the area than the officer receiving the call
10. Enemy attack
11 Transportation of evidence requiring security.
12 Major events; e.g, sporting events, concerts, parades, fairs, festivals, and conventions
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot pedorm its functional objective.
15.
Incidents requiring utilization of specialized units; e.g., underwater recovery, canine,
motorcycle, cdme scene, madne patrol enforcement or investigation, and police
information.
16 Joint training in areas of mutual need.
17.
Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest
powers within the area compromising the jurisdictional waters within respective municipal
boundaries.
DATE:~~
Indian Creek, FIo~da
DATE:
ATTEST:
India~ Greek ~illage, Village C~erk
ATTEST:
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Law Enforcement Mutual Aid Agreement Between the City and
Miami-Dade County
February 1, 2000 City Commission Meeting Agenda Item ~-~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the renewal and execution of the Law Enfemement Mutual Aid Agreement with Miami-
Dade County.
BACKGROUND
The City originally entered into the Mutual Aid Agreement in 1997. The subject
agreement expired on January 1,2000.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO839-oo
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
Metropolitan Dade County and the City of Aventura for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section I above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Ham/Holzberg
Resolution No.
Page 2
Commissioner Jeffrey M. Pedow
Commissioner Patdcia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur L Snyder
PASSED AND ADOPTED this 1't day of February, 2000.
ARTHURLSNYDER, MAYOR
ATYEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMSAms
December 10, 1999
Metro-Dade Police
Department
Director's Office
9105 N.W. 25th Street
Miami. Florida 33172
An htternationa[ly
Accredited
Police Service
Chief Thomas E. Ribel
Aventura Police Department
2960 Avenlura Boulevard
Avenlura, Florida 33180
Dear Chief Ribel:
The Mutual Aid Agreement, Joint Declaration, and Addendum to the Joint Declaration
which exist between Miami-Dade County and your municipality expire on January 1,
2000. The enclosed renewal documents are provided for review and approval by your
appropriate authorities to ensure continued mutual support as described in Florida
Statutes, Chapter 23, Florida Mutual Aid Act:
Five copies of the Mutual Aid Agreement
Five copies of the Joint Declaration
Five copies of the Addendum to the Joint Declaration
Except for signature blocks and the expiration dale, the documents are identical to those
in effect at this time. Please note that mutual aid cannot be implemented without a valid
Mutual Aid Agreement and Joint Declaration. If the documents meet the requirements of
your municipality, please effect the execution, as appropriate, of all five signed copies
and return to:
Commander Deborah Y. Wiley
Miami-Dade Police Depariment
Budget and Planning Bureau, Room 3055
9105 N.W. 25 Street
Miami, Florida 33172
Upon execution by appropriate Miami-Dade County authorizing officials, the renewal
agreement will become effective as described in paragraph 9. Effective Date and
Chief Thomas E. Ribel
December 10, 1999
Page 2
Duration, of the Mutual Aid Agreement, and shall be considered by the Miami-Dade
Police Department to supersede all prior Mutual Aid Agreements. After such execution,
the Clerk's office of your municipality will receive two originals of each fully executed
document.
The Miami-Dade Police Department will file copies of all executed documents with the
Florida Department of Law Enforcement as required by the Florida Mutual Aid Act.
Additionally, concerned municipalities will be advised in ~vriting of participants in the
Addendum to tl~e Joint Declaration.
Should you have questions or require additional information regarding this matter, please
contact Commander Deborah Y. Wiley at 305-471-2520.
Please be assured of our continued cooperation in such matters of mutual professional
concem.
Sincerely,
Carlos Alvarez
Director
Enclosures (3)
1. Mutual Aid Agreement (5 copies)
2. Joint Declaration (5 copies)
3. Addendum to the Joint Declaration (5 copies)
MUTUAL All) AGREEMENT
Between Miami-Dade County and Participating
Municipal Police Departments
Whereas, it is the responsibility of the governments of Miami-Dade County,
Florida, and the participating Miami-Dade County municipalities to ensure the public
safety of their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
Whereas, because of the existing and continuing possibility of the occurrence of
law enforcement problems and other natural and man-made conditions which are, or are
likely to be, beyond the control of the services, personnel, equipment, or facilities of the
Miarrfi-Dade Police Department or the participating municipal police departments; and
Whereas, in order to ensure that preparation of these law enforcement agencies
· vill be adequate to address any and all of these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the County of Miami-Dade
and the participating Miami-Dade County municipalities; and
Whereas, Miami-Dade County m~d the participating Miami-Dade County
municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid
Act, to enter into a mutual aid agreement;
NOW, THEREFORE, BE II KNOWN that Miami-Dade County, a political
subdivision of the State of Florida, and the undersigned representatives, in consideration
for mutual promises to render valuable aid in times of necessity, do hereby agree to fully
and faithfully abide by and be bound by the following terms and conditions:
l. Short title; Mutual Aid Agreement
Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement intensive situations,
this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23, Florida Statutes
Definitions:
a Joint declaration; A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to ttfis
Agreement, as determined by concerned agency heads. Subsequent to
execution by the concerned agency heads, the joint declaration shall be filed
with the clerks of the respective political subdivisions and shall thereat'ter
become part of this Agreement Said declaration may be amended or
supplemented at any time by the agency heads by filing subsequent
declarations with the clerks of the respective political subdivisions.
b Agency or participating law enforcement agency: Either the Miami-Dare
Police Department or the participating municipal police department.
Agency head: Either the Director of the Miami-Dade Police Department, or
the Director's designees; and the Chief of Police of the participating municipal
police department, or the Chiefs designees
Participating municipal police department: The police department of any
municipality in Miami-Dade County, Florida, that has approved and executed
this Agreement upon the approval of the governing body of that murficipality.
e. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes
Operations:
In the event that a party to this Agreement is in need of assistance as
specified in the applicable joint declaration, an authorized representative of
the police depamnent requiring assistance shall notify the agency from whom
such assistance is requested. The authorized agency representative whose
assistance is sought shall evaluate the situation and his available resources,
and will respond in a manner deemed appropriate.
Each party to this Agreement agrees to fiarnish necessary manpower,
equipment, facilities, and other resources and to render services to the other
party as required to assist the requesting party in addressing the situation
which caused the request; provided, however, that no party shall be required
to deplete unreasonably its own manpower, equipment, facilities, and other
resources and services in rendering such assistance
c The agency heads of the participating law enforcement agencies, or their
designees, shall establish procedures for giving control of the mission
definition to the requesting agency, and for giving tactical control over
accomplishing any such assigned mission and supervisory control over all
personnel or equip~nent provided pursuant to this Agree~nent to the providing
agency
Powers, Privileges, Immunities, and Costs:
a. All employees of the participating municipal police department, including
certified law enforcement employees as defined in Chapter 943, Florida
Statutes, during such time that said employees are actually providing aid
outside of the jurisdictional limits of the employing municipality pursuant to a
request for aid made in accordance with this Agreement, shall, pursuant to
the provisions of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their duties in the
political subdivision in which they are normally employed
b The political subdivision having financial responsibility for the law
enforcement agency providing services, personnel, equipment, or facilities
pursuant to the provisions of this Agreement shall bear any loss or damage to
same and shall pay any and all expenses incurred in the maintenance and
operation of same
c. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this Agreement
during the time of the rendering of such aid and shall defray the actual travel
and maintenance expenses of such employees while they are rendering such
aid Such compensation shall include any amounts paid or due for
compensation due to personal injury or death while such employees are
engaged in rendering such aid Such compensation shall also include all
benefits normally due such employees
d. All exemption from ordinance and rules, and all pension, insurance, relief,
disability, workers' compensation, salary, death, and other benefits which
apply to the activity of such officers, agents, or employees of any such agency
when performing their respective functions within the territorial hinits of their
respective agencies shall apply to them to the same degree, manner, and
extent while engaged in the performance of their functions and duties extra
territorially under the provisions of this Mutual Aid Agreement. The
provisions of this Agreement shall apply with equal effect to paid and
auxiliary employees
6 Indemnification: The political subdivision having financial responsibility for the
law enforcement agency providing aid pursuant to this Agreement agrees to hold
harmless, defend, and indemnify the requesting law enforcement agency and its
political subdivision in any suit, action, or claim for damages resulting from any
and all acts or conduct of employees of said providing agency while providing aid
pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where
applicable
Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture
Act, Florida Statutes, may be seized The property shall be seized, forfeited, and
equitably distributed among the participating agencies in proportion to the amount
of investigation and participation performed by each agency This shall occur
pursuant to the provisions of the Florida Contraband Forfeiture Act
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act
will be controlled by the provisions of the lalter, whenever conditions exist that
are within the definitions stated in Chapter 23, Florida Statutes
9 Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including, January 1, 2005 Under no circumstances may
this Agreement be renewed, amended, or extended except in writing.
10.
Cancellation: This Agreement may be cancelled by either party upon sixty (60)
days written notice to the other party. Cancellation will be at the discretion of
the chief exeantive officers of the parties hereto
AGREED TO AxND ACKNOWLEDGED this day of
,I999
City Manager
City of Aventura, Florida
County Manager
Miami-Dade County, Florida
ATTEST: ATTEST:
City Clerk
City of Aventura, Florida
County Clerk
Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICHSNCY: SUFFICIENCY:
City Attorney
City of Aventura, Florida
County Attorney
Miami-Dade County, Florida
JOINT DECLARATION OF THE DIRECTOR OF THE MIAMI-DADE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE
DEPARTMENT PURSUANT TO MUTUAL AiD AGREEMENT.
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of the mutual aid agreement
when:
participating in law enforcement activities that are preplanned and approved by each
respective agency head, or
appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement heretofore
entered into by The City of Aventura and Miami-Dade County, Florida, it is hereby declared
that the following list comprises the circumstances and conditions under which mutual aid may
be requested and rendered regarding police operations pursuant to the agreement Said list
may be amended or supplemented from time to time as needs dictate by subsequent
declarations
1 Joint multijurisdictional criminal investigations
2 Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trials, political conventions, labor disputes, and strikes
Any natural disaster.
Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping disasters,
fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments,
chemical or hazardous waste spills, and electrical power failures.
5 Terrorist activities including, but not limited to, acts of sabotage.
Escapes from or disturbances witNn detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls
9 Enemy attack.
10. Transportation of evidence requiring security
11. Major events; eg, sporting events, concerts, parades, fairs, festivals, and conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its fi~nctional objective
14. Incidents requiring utilization of specialized units; eg, underwater recovery, aircrat~,
cmfine, motorcycle, bomb, crime scene, marine patrol, and police information
15. Joint training in areas of mutual need
16. Joint enfomement of all traffic laws 24-hours per day all year, within the area
described, beginning at the intersection of the south right-of-way line of Northeast 203
Street and the center line of the Florida East Coast (FEC) Railroad tracks, from the
center line of the FEC Railroad tracks, west to the west right-of-way line of Northeast
26 Avenue; from the west right-of-way line of Northeast 26 Avenue, north to the north
right-of-way line of Northeast 203 Street; from the north right-of-way line of Northeast
203 Street, east to the center line of the FEC Railroad tracks; from the center line of
the FEC Railroad tracks, south to the south right-of-way line on Northeast 203 Street,
inclusive of all areas within this description.
17. Joint enforcement of all traffic laws 24-hours per day all year, within the area
described, beginning at the intersection of the south right-of-way of Miami Gardens
Drive and the center line of the FEC Railroad tracks; from the center line of the FEC
Railroad tracks, west to the west right-of-way of West Dixie Highway; from the west
right-of-way of West Dixie Highway, north to the north right-of-way of Miami
Gardens Drive; from the north right-of-way of Mianfi Gardens Drive, east to the center
line of the FEC Railroad tracks; from the center line of the FEC Railroad tracks, south
to the south right-of-way of Miami Gardens Drive, inclusive of all areas within this
description.
The following procedures will apply in mutual aid operations:
1 Mutual aid requested or rendered will be approved by the Director/Chief of Police or
designee.
2 Specific reporting instructions for personnel rendering mutual aid should be included in
the request for mutual aid In the absence of such instructions, personnel will report to
the ranking on-duty supervisor on the scene
3 Communications instructions will be included in each request for mutual aid and the
Miami-Dade Police Department Communications Bureau will maintain radio contact
with the involved agencies until the mutual aid situation has ended.
4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating
temporary detention facilities will be handled per established procedures
DATE
Carlos Alvarez, Director
Miami-Dade Police Department
~ DATE
-- Thomas E. Ribel, Chief
City of Aventura Police Department
ATTEST ATTEST
DATE
DATE
County Clerk City Clerk
Miami-Dade County, Florida City of Aventura, Florida
ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT
Whereas, it is to the mutual benefit of the municipal police agency listed below and the
Miami-Dade Police Department, through voluntary cooperation, to exercise concurrent
jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in
another jurisdiction, are often present at events where immediate action is necessary., or arc able
to expeditiously conclude an investigation by identifying and arresting an offender.
a)
Concurrent law enforcement jurisdiction in and throughout the territorial limits of
participating municipalities and Miami-Dade County, Florida, excluding those
areas within the territorial limits of municipalities not participating in this
Addendum and areas in which the Miami-Dade Police Department does not have
law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, for
felonies and misdemeanors, including arrestable traffic offenses, x~hich
spontaneously take place in the presence of the arresting officer, at such times as
the arresting officer is traveling from place to place on official business outside of
his or her jurisdiction, for example, to or from court, or at any time when the
officer is within the territorial limits of his or her jurisdiction, and provided that,
in the context of this Joint Declaration, "official business outside of his or her
jurisdiction" shall not include routine patrol activities, preplarmed operations, or
undercover investigations.
b)
Concurrent law enforcement jurisdiction in and throughout the territorial limits of
participating municipalities and Miami-Dade County, Florida, excluding those
areas within the territorial limits of municipalities not participating in this
Addendum and areas in which the Miami-Dade Police Department does not have
law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, of
persons identified as a result of investigations of any offense constituting a felony
or any act of Domestic Violence as defined in Section 741.28, Florida Statutes.
when such offense occurred in the municipality employing the arresting officer,
should the arresting officer be a municipal law enforcement officer. However,
concurrent jurisdiction under this subparagraph does not include authority to
make nonconsensual or forcible entries into private dwellings, residences, living
spaces or business spaces which are not open to the public, i.e., authority derived
pursuant to this subparagraph may be exercised only when in places open to the
public or private places into which the arresting officer has entered xvith the
consent of an occupant entitled to give consent.
Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b)
above, the officer shall notify the designated officer of the jurisdiction in which the action will be
taken, unless exigent circumstances prevent such prior notification, in which case notification
shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to
subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the
Court, in such manner as to insure that any revenues or surcharges generated as a result of said
arrests shall be directed to the jurisdiction in which the arrest was made.
Any municipal police agency electing to participate in concurrent jurisdiction pursuant to
this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's
Standard Operating Procedures, the following Standard Operating Procedure For Concurrent
Law Enforcement Jurisdiction:
STANDARD OPERATING PROCEDURE FOR
CONCURRENT LAW ENFORCEMENT JURISDICTION
I. PURPOSE:
To provide specific guidelines for the use of concurrent law enforcement jurisdiction.
II. POLICY:
It shall be the policy of the (name of participating police agency) that law enforcement
officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in
unincorporated Miami-Dade County and within any municipality which participates in this
Mutual Aid Agreement when the offense takes place in the officers' presence while officers
are within their jurisdictions or while they are traveling from place to place on official
business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation
of any offense constituting a felony or act of Domestic Violence as defined in section
741.28, Florida Statutes, when the offense took place within the jurisdiction of the
investigating officer. Concurrent jurisdiction does not include authority to make forcible
entries into private residences or businesses which are not open to the public, i.e., authority
may only be exercised in places which are open to the public or with the consent of an
occupant entitled to give consent.
A. General Requirements:
1. Prior to taking any enforcement action, the officer shall notify the designaled officer
of the jurisdiction in which the action will be taken, unless exigent circumstances
prevent such prior notification, in which case notification shall be made as soon after
the action as possible.
2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed
in such manner as to ensure that any revenues or surcharges generated shall be
directed to the jurisdiction in which the arrest ~vas made.
3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in
vehicle pursuits.
4. Concurrent law enforcement jurisdiction pursuant to this Mutoal Aid Agreement does
not include preplanned operations, undercover investigations, stings, or sweeps.
5. Officers shall not conduct routine patrol activities outside of their jurisdiction.
6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to
the agency head of the agency within whose jurisdiction the action was taken as soon
as possible after the action has taken place.
7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within
whose jurisdiction the action took place to take custody of any arrestees and/or crime
scenes.
8. All concurrent jurisdiction stationary surveillance activities shall require notification
of the agency within whose jufisdicfion the surveillance takes place. The nntification
shall include the general location of the surveillance and a description of the vehicles
involved. Mobile surveillance shall not require notification unless concmxent
jurisdiction enforcement activities take place.
Any participant in this Addendum may withdraw from participation in the Addendum
only, by providing each other participant with w~itten notice of withdrawal 30 days prior to the
date of withdrawal, which date shall be specified in the notice. Furthermore, any participant
wishing to withdraw from participation with one or more other participants may terminate
voluntary cooperation with said participant(s) by providing ~wltten notice of termination to the
affected participants and to the Miami-Dade Police Department 30 days prior to the desired
termination date, in which case voluntary cooperation shall remain in force only with the
remaining participants.
The Miami-Dade Police Department shall keep all concerned agencies advised as to current
participants in this Addendum.
Thomas E. Ribel, Chief
City of Aventura Police Department
Date
Carlos Alvarez, Director
Miami-Dade Police Department
Date
Harvey Ruvin Date
County Clerk
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission z~
Eric M. Soroka, Cit'cqVlan~er\
January 25, 2000 - ('.-......~ ~
-"-...5
Collective Bargaining Agreement Between the City and the Police
Benevolent Association
February 1, 2000 City Commission Meeting Agenda Item ~-~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the subject document.
BACKGROUND
The City Administration and PBA finalized a Collective Bargaining Agreement. The
Agreement is for the period of October 1, 1999 to September 30, 2002. The
Agreement conforms to the parameters established by the City Commission.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0840-00
RESOLUTION NO. 2000-.__
A RESOLUTION OF THE CITY COMMSSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINED
CONTRACT ATTACHED HERETO BY AND BET~NEEN
THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH
CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE
BY THE CITY MANAGER AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Agreement described in
Section 1 above and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption, with certain sections retroactive to October 1, 1999 immediately upon the
Resolution No. 99-43
Page2
execution of the Agreement by the City
Benevolent Association representatives.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASS'ED AND ADOPTED this 1'~ day of February, 2000.
Manager and the Dade County Police
, and
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 1999 to September 30, 2002
Table Of Contents
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
Pa,qe Number
Preamble 1
Recognition 2
Non-Discrimination 3
Due Deductions 4
Management Rights 6
PBA Business 8
PBA Representation 9
No Strike 11
Legal Representation 13
Salaries and Merit Bonus 14
Severability Clause 17
Rules, Directives and Personnel Policies 18
Grievance Procedure 19
Seniority 24
Labor - Management Committee 26
Workweek and Overtime 27
Off-Duty Police Work 29
Equipment and Maintenance 30
Personnel Records 32
Bereavement Leave 33
Holiday Leave 34
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 29
ARTICLE 30
Personal Leave
Training
Transfers, Shift change and Substitutions
Group Insurance
Promotion Procedures
Probationary Employees
Sick Leave
Pension Vesting
Term of Agreement
35
36
37
38
39
4O
41
42
43
ARTICLE 1
Preamble
This Agreement is entered into this day of ,2000
by and between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the Dade County
Police Benevolent Association hereinafter referred to as "PBA." or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general '~ell being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
ARTICLE 2
Recoqnition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. '1237 (January 15, '1999).
Included: Sworn police personnel of the ranks of: Police Officer and
Police Sergeant
Excluded: All other Department employees.
ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation
Section 2. The parties agree not to interfere with the rights of employees
to become members of PBA, or to refrain from such activities and that there shall
be no discrimination, interference, restraint or coercion by the parties against any
employee because of membership or non - membership.
3
ARTICLE 4
Dues Deductions
Section 1. PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shatl be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation
Section 2 Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5 The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues~ When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
4
pay period, if available wages are not sufficient to cover the full dues deduction,
no deduction shall be made In this connection all legally required deductions
have priority over dues.
5
ARTICLE 5
Manaqement Riqhts
Section 1. The PBA recognizes the right of the City to operate, manege
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, lay off, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed by
the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures of
positions or employees assigned to an organizational unit, department or project,
and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by which
operations are to be conducted.
(j) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(I) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m)To determine internal security practices,
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to
exercise those rights and powers incidental thereto, including the
right to make unilateral changes when necessary.
(o)Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations;
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 4. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City
7
ARTICLE 6
PBA Business
Section 1, The City shall provide PBA with a bulletin board A copy of all
notices or bulletins of the PBA that are to be posted shall be submitted to the City
Manager, or designee. There shall be no other general distribution or posting by
employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose
announcements:
(a)
(b)
(c)
(d)
(e)
(f)
of posting the following notices and
Notices of PBA meetings;
Notices of PBA elections;
Notices of PBA appointment to office;
Notices of PBA recreational and social affairs.
Notices of Collective Bargaining Agreement ratification meetings.
Minutes of Association Meetings
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
8
ARTICLE 7
PBA Representation
Section 1, Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3 After securing permission from the Police Chief or his designee,
PBA representatives and agents may be permitted to discuss PBA grievances
with members during their duty hours provided such discussions shall not
interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters wit[ be arranged as
necessary between the officers of the PBA and the City Manager or Police Chief
upon the request of either party, PBA representatives shall be limited to not more
than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees,
9
Section 6 Off-duty time spent on negotiations or grievances shall not be
deemed "hours worked", as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Stdke
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City,
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
Article and the law by remaining at work during any interruption which may be
11
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Leqal Representation
Section 1~ Whenever a civil suit in tort is brought against an employee for
injuries or damages suffered as a result of any act, event, or omission of action
which is alleged to have occurred while the employee was on duty or acting
within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad faith
or with malicious purpose or in a manner exhibiting wanton and willfu~ disregard
of human rights, safety or property, the City shall undertake the defense of the
employee as required by law. Said defense shall cease upon judicial finding, or
finding by the City, that the employee acted in bad faith or with malicious purpose
or in a manner exhibiting wanton and willful disregard of human rights, safety, or
property
13
ARTICLE 10
Salaries and Merit Bonus
Section 1. All employees covered by this Agreement shall receive the
following cost of living adjustments to their base salary:
(a) For the first year of this Agreement, (October 1, 1999 to September
30, 2000) each bargaining unit employee, hired before July 1, 1999, shall receive
a 3% increase of their salary as of September 30, I999, effective on the first pay
period of October.
(b) For the second year of this Agreement (October 1, 2000 to
September 30, 2001 ) bargaining unit employees, hired before July 1, 2000, shall
receive a 3% increase of their salary as of September 30, 2000, effective on the
first pay period of October.
(c) For the third year of this Agreement (October 1, 2001 to September
30, 2002) bargaining unit employees, hired before July 1, 2001 shall receive a
3% increase of their salary as of September 30, 2001, effective on the first pay
period of October.
Section 2. All employees covered by this Agreement shall be eligible for a
merit bonus on the employee's anniversary date in accordance with APDP -
Employee Appraisals Chapter 4.17. The anniversary date shall be defined as the
employee's entrance date into his/her present position.
Section 3. Detectives An employee assigned as a Detective by the Police
chief shall receive a pay incentive of $30.00 per week. Employees serving in a
Detective capacity serve in said capacity at the pleasure of the Police Chief. No
grievance proceeding may be filed by an affected empfoyee when said
employee's Detective capacity is terminated.
14
Section 4. Field Traininq Officer An employee assigned as a Field
Training Officer by the Police Chief shall receive a pay incentive of $20.00 per
week. Employees serving in a Field Training Officer capacity serve in said
capacity at the pleasure of the Police Chief, No employee grievance may be filed
by an affected employee when said employee's Field Training Officer capacity is
terminated.
Section 5. Corporal An employee assigned as a Corporal by the Police
Chief shall receive a pay incentive of 5% of their current salary while serving in
the Corporal capacity. Employees serving in a Corporal capacity serve in said
capacity at the pleasure of the Police Chief. No employee grievance may be filed
by an affected employee when said employee's Corporal capacity is terminated.
Section 6. K-9 Officer, Motorcycle Officer and Swat Team An employee
assigned as a K-9 or Motorcycle Officer by the Police Chief shall receive a pay
incentive of $20.00 per week. An employee assigned as a member of the SWAT
team by the Police Chief shall receive a pay incentive of $1000 per week,
Employees serving in said capacity serve at the pleasure of the Police Chief. No
employee grievance may be filed by an affected employee when said employee's
capacity is terminated.
Section 6. Service Experience Incentive An employee is eligible for the
following service experience incentives:
Experience as a Police Officer
Incentive
Less than 2 years experience $0
2 - 5 years of total experience $1,500
5 - 7.5 years of total experience $1,500
7.5 - 10 years of total experience $1,500
More then 10 years of total experience $1,500
15
Section 7. Startin~ Salaries Both parties agree that the City shall
determine the starting or minimum salary for each position in the bargaining unit.
However, effective upon the execution of this Agreement the City shall increase
the base pay by $2,000 for all current Sergeants.
16
ARTICLE 11
Severability Clause And Prohibition A,qainst Reopenin,q Of Neqotiations
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2 The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by taw
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement, Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and contemplation of either or
both of the parties at the time they negotiated or signed this Agreement This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as ali other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
17
ARTICLE 12
Rules, Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the Procedural Directives issued by the Chief of Police and
they shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and Police
Procedures shall be copied to the PBA.
Section 2. In the event of any conflict between the terms of this Agreement,
the APDP, Police Procedures, or the Personnel Policies, this collective bargaining
agreement shall supercede to the effect that the in consistent terms and conditions
of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The CITY shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
18
ARTICLE 13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious w~rking relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
Grievances relating to alleged violations of the specific terms of this Agreement
shall be processed in the following manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally to
his immediate supervisor. It is the responsibility of the supervisor to attempt to
arrange a mutually satisfactory settlement of the grievance within seven (7)
calender days of the time when it was first presented to him, or failing in that, must
within that time advise the employee of his inability to do so. Such contact between
the employee and supervisor shall be on an informal basis.
Section 3 Formal Grievance Procedure
Step 2
If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within seven (7) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant,
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
19
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PBA within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or his/her designee may conduct a meeting with the grievant and his/her
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render his/her decision on the
grievance in writing to the aggrieved employee and PBA.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee shall conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
2O
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA
Section 4. A grievance not advanced to the higher step within the time limits
provided shall be deemed permanently withdrawn as having been settled on the
basis of the decision most recently given. Failure on the part of the City to answer
within the time limits set forth in any step will entitle the employee to proceed to the
next step. The time periods contained herein may be mutually waived or extended
due to unforseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6 In the event a grievance relating to the interpretation of this
Agreement or relating to a discipline matter involving suspensions of fifteen (15)
days or more and/or relating to termination of employment, processed through the
grievance procedure has not been resolved at Step 4, the City or the PBA may
submit the grievance to arbitration within ten (10) calendar days after the City
Manager (or a designee) renders a written decision on the grievance, or the due
date of that decision if no written decision is made. An individual bargaining unit
member may not proceed to arbitration without the consent of the PBA. Matters
relating to assignment, hiring, promotion, discipline not involving termination of
employment or suspensions less than fifteen (15) days shall not be subject to
arbitration and the City Manager's decision shall be final and binding
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
21
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in 'writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within twenty (20) days of the closing of the Arbitration hearing The
Arbitrator's decision will be final and binding on the parties.
Section 11~ Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
22
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
23
ARTICLE 14
Seniority
Section 1 Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment. Seniority
shall accumulate during absence because of illness, injury, vacation, military leave,
or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same depadment. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves the right
to make neecsary changes based on
Section 3, No new Police Officer shah be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
24
as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time
25
ARTICLE 15
Labor-Manaqement Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee shall meet and confer regarding any issues related to
the Police Department, which either party v~uld like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for exchange
of suggestions and recommendations. The Labor-Management Committee will
meet at mutually agreeable times, but not more than once a month.
26
ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour v~rk week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave sha~l mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken Jn accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will not be calculated for any period
under thirty (30) minutes on a daily or weekly basis,
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Time spent on private duty details shall not be included.
(b) The work week, until changed by management (which is a management
right) upon due notice to the member employees, shall commence Monday and
terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. Patrol
shifts will not adopt back to back shifts or split shifts.
Section 5. Bargaining unit employees will be given seven (7) days notice of
any change in their regular hours of work except where an emergency exists
27
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act in effect. The maximum accumulation of
compensatory time is 130 hours on an annual basis, An employee may cash in
up to 60 hours per year provided notification is received by the Police chief by
December 1 for January 1 pay out. Upon resignation or termination of
employment, all compensatory time remaining to an employee's credit shall be
compensated in cash.
28
ARTICLE 17
Off-Duty Police Work
Section 1. Off-duty police work as authorized by the Police Chief shall be
compensated at the rate of not less than b,venty two dollars ($2200) per hour for all
bargaining unit members. There shall be an administrative fee of no less than three
dollars per hour charged by the City.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
Section 4. Assignments of off~uty police work shall, be fairly and evenly
distributed among eligible bargaining unit members. Full time employees shall have
the right of first refusal in off~uty and detail police work assignments.
29
ARTICLE 18
Equipment and Maintenance
Section 1, Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any uniform including handcuffs and eyeglasses of an employee which
is damaged or broken in the line of duty shall be repaired or replaced at no cost to
the employee. The City shall replace wristwatches damaged while in the line of
duty and not due to the employee's neglect by payment to the employee up to
$75.00 and replace prescription eye glasses or contacts damaged while in the line
of duty up to $125 and non-preschptive eye glasses up to $25~00 The City shall
replace handcuffs at the City's expense, when not lost or damaged due to the
employee's carelessness. The parties recognize that this section is intended to be
utilized to reimburse employees covered by this agreement for damage to their
personal property as opposed to negligent or careless loss thereof or improper use
of such equipment. The parties further recognize that the payments made for
uniform maintenance allowance are intended to reimburse employees covered by
this agreement for the cost of maintaining personal property such as weapons,
clothing, etc. and that no claim should be made for reimbursement for damage that
occurs to such items.
Section 3. All risk of damage, loss and/or destruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the excIusive responsibility of the unit member. The City agrees to provide each
unit member with equipment necessary to perform the function of the job in lieu of
the use of personal property as contemplated above.
3O
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to allowance for normal wear and tear.
Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $300 ($150 on October 1st and $150 on
April 1st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $450 ($225 on October 1st and $225 on April 1st).
31
ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statue
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statue
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
With the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon reasonable request, an employee may review his/her
personnel records. The member shall have the right to make duplicate copies of
this record for his/her use, at no cost to the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed Witness statementSr under oath) With reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation which the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division
32
ARTICLE 20
Bereavement Leave
Section I. In the case of death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days' paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager;
33
ARTICLE 21
Holiday Leave
Section L Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's pay or half a day's pay,
depending on the holiday outlined above, provided the employee exceeds the
normal work woek.
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off or excused absences
34
ARTICLE 22
Personal Leave
Section I. All employees hired before April 1st of any calendar year shall be
granted twenty four (24) hours, of Personal Leave for that calendar year. New
employees hired on or after April 1st of any calendar year shall be granted sixteen
(16) hours Personal Leave for that calendar year. New employees hired on or after
July 1st of any calendar year shall be granted eight (8) hours Personal Leave for
that calendar year. Personal leave shall be used for personal reasons, religious
observances and transaction of personal business. No payment shall be made
upon separation from City service for any unused Personal leave. No carry-over of
Personal leave shall be permiffed from year-to-year. Said leave shall be granted
upon the approval of the City Manager and/or Department director.
35
ARTICLE 23
Traininq
Section 1 The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
,Section 2. Annually, whenever possible, each officer will be provided an
additional forty hours of in-service training.
36
ARTICLE 24
Transfers, Shift Chanqes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance, Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of One (1)
week notice.
Section 3 Voluntary exchange of individual workdays betvceen
employees of like rank shall be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department
37
ARTICLE 25
Group Insurance
Section 1. The city agrees tp pay one hundred percent (100%) of the
individual employee health coverage premium. The City agrees to pay seventy
percent (70%) of the dependent coverage premiums,
Section 2. Bargaining unit personnel who are totally disabled in the line-
of~uty shall be eligible to continue to receive group health and hospitalization
insurance coverage for both individual and family members under the same
conditions as were enjoyed at the time of disability, until such time as the employee
is eligible for said health and hospitalization coverage under the federal Medicare
Program
38
ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
of which one (1) year will be with the City of Aventura shall be eligible to take the
examination for a promotion to the rank of Sergeant,
Section2 All promotions shall be in accordance with the Police
Department Procedural Directive # 19, dated April 1, 1999. The City will announce
promotional examinations at least thirty (30) days in advance of the assessment
process. The eligibility list shall be valid for up to one (1) year
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
39
ARTICLE 27
Probationary Employees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
4O
ARTICLE 28
Sick Leave
Section 1. For those employees hired prior to January 15, 1998, upon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule, provided the accumulation
for payout purposes is no more than 400 hours and that the employee has been
employed for at least one month:
YEARS OF SERVICE
Less than I year
Less than 3 years
3 through 5 years
5 through 7 years
Over 7 years
% OF SICK LEAVE PAID
AT BREAK IN SERVICE
0%
10%
25%
50%
100%
Accumulated sick leave percentage will be paid based on the closest year
41
ARTICLE 29
Pension Vestinq
Section 1. The vesting schedule for purposes of the City's
Retirement Program for members of the bargaining unit shall be as follows:
Years of Service Vesting %
0 to 1 years 0
I to 2 years 20
2 to 3 years 40
3 to 4 years 60
4 to 5 years 80
More than 5 years 100
ICMARC
42
ARTICLE 30
Term of A,qreement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2002.
Section 3. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement,
Section 4. It is understood and agreed that this Agreement constitutes the
total agreement between the parties The term of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This Agreement is made and entered into and executed this
day of ,2000.
CITY OF AVENTURA DADE COUNTY POUCE BENEVOLENT ASSOCIATION
Eric M Soroka, City Manager
ATTEST:
Teresa M. Soroka, City Clerk
John Riviera, President
Richard Lefkowitz, Representative
Michael Bentolila, Representative
Tyrone Williams, PBA General Counsel
Don D. Slesnick II, PBA Attorney
43
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
City Commission ~
Eric M. Soroka, City/M~aD~er
Harry M. Kilgore, Finani~e-S. gj~ort ' Director
January 27, 2000
Resolution awarding contract for Group Dental Plans
February 1, 2000 City Commission meeting Agenda item 6~E
Recommendation
It is recommended that the City Commission adopt the attached resolution which
awards a contract for a dental program for city employees. The resolution accepts the
proposal of Managed Care of North America for a dental health maintenance
organization combined with an Indemnity/PPO plan underwritten by MetLife.
Background
In February 1997, the City awarded its first contract for dental insurance to cover its
employees. At that time our goal was to provide a dental program which offered
employees a choice between a Dental Health Maintenance Organization (DHMO) and a
traditional indemnity program. This combination offers City employees the choice
between cost savings through the DHMO or freedom of choice through the indemnity
program.
At that time, the contract was awarded to MCNA for the DHMO in coordination with
Security Life for the Indemnity program. During the past three years, there has been
general satisfaction with the MCNA DHMO program and some dissatisfaction with the
Security Life indemnity program. Since the original contract guaranteed rates for only
three years and we desired to determine what other alternatives were now available to
us, an RFP was drafted to solicit proposals.
The availability of the RFP was advertised in the Miami Herald on December 3, 1999.
The Rhodes firm also contacted the various insurance companies who deal with dental
coverage and provided firms interested with copies of the Request for Proposal. The
RFP was provided to a total of twelve companies as shown on Attachment A.
Page (2)
Resolution awarding contract for Group Dental Plans
for city employees
We received sealed proposals in the City Manager's office on January 5th. A total of two
(2) proposal packets were received. Each packet included proposals for more than one
combination of plans. The two firms proposing were MONNMetLife and CompDent.
Mr. Rhodes evaluated the proposals based on premiums and benefits proposed and the
ability to offer our employees a choice between a DHMO and an Indemnity plan. His
analysis reflected that both companies (CompDent and MGNNMetLife) met our primary
criteria of offering both a quality DHMO and indemnity plan, at competitive premiums
and with acceptable benefits. His comparison and evaluations of the two companies is
included as Attachment "C". Based on this analysis and reference checks, Mr. Rhodes
concludes that the MCNA proposal with the MetLife indemnity offers the best overall
benefits and cost combination. He, therefore, recommends that we award the contract
to MCNNMetLife.
I reviewed Mr. Rhodes' recommendation and detailed analysis and concur with his
recommendation. The monthly, yearly and bi-weekly cost of the proposed program is
shown as Attachment "B". For the past three years, the vast majority of employees
have chosen the DHMO because their payroll deduction is less and because the
benefits are better. Therefore, the total cost to the City providing dental for our Group
Insurance program will average less than $30 per month or $360 per year per
employee. There is sufficient amounts budgeted in each Department's 1999/2000
budget for health and dental insurance to pay this cost.
Again, I recommend approval of the Dental program proposed by MONA/MetLife.
believe that it provides a quality dental program to go along with the remainder of our
Group Insurance Program.
If you have any questions, please feel free to contact me.
HMKJmn
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AWARDING A
CONTRACT FOR THE CITY'S DENTAL INSURANCE
PROGRAM TO MANAGED CARE OF NORTH
AMERICA/METLIFE; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has employees rendering valuable services;
and
WHEREAS, the City desires to offer a Group Insurance program which offers
good benefits at an affordable cost to the City and its employees; and
WHEREAS, the City has properly solicited and received requests for
proposals for the dental coverage's included in the Group Insurance program for
City employees; and
WHEREAS, the City's Group Insurance Broker/Consultant has received the
various proposals and, along with City staff, recommends award to managed Care
of North America/MetLife; and
WHEREAS, the City Commission, upon the recommendation of City staff,
desires to award contracts to said companies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1: The contract for dental insurance programs be awarded to
Managed Care of North America/MetLife in accordance with the Proposal submitted
by said companies.
Section 2: The City Manager is hereby authorized to execute a contract by
and between the parties embodying the terms and conditions as set forth in the
subject Request for Proposal No.# 00-01-05-3.
Section 3: The City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this resolution.
Resolution No. 2000-~
Page 2
Section 4: This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED THIS 1st day of January, 2000
A~FEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A~-rORNEY
MAILING LIST
FOR RFP#00-01-05-3
(GROUP DENTAL PLAN)
L.M.S. Associates
Att:Steven L. Beumer
P.O Box 948094
Maitland, FL 32794
Public Entity insurance Manager, LLC
Att: M. Whitman Beasley. Jr.
618 U.S. Highway (}ne, Suite 104
North Palm Beach, FL 33408
Meadowbrook Villari Agency
Att: Frank P, Traino
455 Fairway Drive, 3rd Floor
Deerfield Beach, FL 33441
Protective Dental Care
Mr Jim Ginsburg, Group Manager
3440 Hollywood Blvd., Suite 150
Hollywood, FL 33021
Oral Health Services
Mr. Jeff Stouffer, Director of Sales
5775 Btue Lagoon Drive, Suite 400
Miami, FL 33126
Delta Dental
Mr, Rey Gomez, Account Executive
7205 NW 19 Street, Suite 102
Miami, FL 33126
Managed Care of North America
Mr Mike Houston, Director of Sales & Marketing
1875 W Commercial Blvd., Suite 180
Fort Lauderdale, FL 33309
Cigna
Mr. Jay White, Senior Account Executive
6700 Andrews Avenue Nor[h, S300
Ft Lauderdale, FL 33309
American Dental Plan
Ms Tammy Alien. Account Executive
2 S University Drive, Suite 240
Plantation, FL 33324
MetLife
Att: Mr. Jeff Trinkwon. Sales Manager
4100 Boy Scout Blvd.
Tampa, FL 33607
MAILING LIST
FOR RFP#00-01-05-3
(GROUP DENTAL PLAN)
WAKELY BENEFITS
ATT: BARBARA REYNOLDS
801 W. BAY DRIVE
SUITE 300
LARGO, FL 33770
COLODNY FASS & TALENFELD
ATT: FRED KARLINSKY
2000 W. COMMERCIAL BLVD.
SUITE 232
FT. LAUDERDALE, FL 33309
CiTY OF AVENTURA
CALCULATION OF COST OF PROPOSED DENTAL INSURANCE FOR CITY AND EMPLOYEE
RFP NO. 00-01-05-3
DHMO INDEMNITYIPPO
MANAGED CARE OF NORTH AMERICA METLIFE
EMPLOYEE EMPLOYEE
PREMIUM CITY COST COST PREMIUM CITY COST COST
MONTHLY
EMPLOYEE 11.98 11.98 25.19 25.19
EMPLOYEE + SPOUSE 20.57 17.99 2.58 50.83 43.14 7.69
EMPLOYEE + CHILDREN = 21.60 18.71 2.89 55.93 46.71 9.22
EMPLOYEE +FAMILY 29.50 24.24 5.26 90.60 70.98 19.62
yEARLY
--_MPLOYEE 143.76 143.76 302.28 302.28
MPLOYEE + SPOUSE 246.84 215.92 30.92 609.96 517.66 92.30
MPLOYEE + CHILDREN 259,20 224.57 34.63 871.16 560.50 110.66
EMPLOYEE +FAMILY 354.00 290.93 63.07 1,087.20 851,72 235.48
PER PAY PERIOD
EMPLOYEE 5.53 5,53 11.63 11.63
EMPLOYEE + SPOUSE 9.49 8.30 1.19 23.46 19.91 3.55
[MPLOYEE + CHILDREN 9.97 8.64 1.33 25.81 21.56 4.26
EMPLOYEE +FAMILY 13.62 11.19 2.43 41.82 32.76 9.06
E RHODES INSURANCE GROUP
January 21, 2000
Mr. Harry M. Kilgore, Dir. Finance and Support Services
City Of Aventura
2999 NE 191 Street, Suite 500
Aventura, FL 33180
1219 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
Telephone 954-524-5075
Facsimile 954-5254248
Re: City of Aventura Dental RFP # 00-01-05-3
Dear Harff,
We have completed our review of the City of Aventura's group dental plan RFP # 00-01-
05-3 for a proposed effective date of March 1, 2000. The RFP was provided to seven
companies; a list of those companies is attached for your review.
Two proposals were received as of the RFP due date of January 5, 2000. The two
proposals received were MCNA/MetLife and CompDent/New Life Insurance. The
current DHMO plan is with MCNA. The current indemnity plan is with Security Life
which is being replaced by MetLife as MCNA's freedom of choice plan partner. We are
recommending the MCNA/Met Life proposal be selected by the City of Aventura for a
March 1, 2000 effective date. Our recommendation is based on the following.
1. A review of the DHMO Benefits indicates that MCNA offers lower copays than the
CompDent plan in most cases. Of the 111 employees covered, 76 are covered under
the DHMO.
2. Human Resources has indicated an overall satisfaction with the MCNA DHMO plan.
Selection of their proposal would minimize the disruption of dentists and maintain the
existing benefit levels. While the CompDent DHMO Plan offers a larger selection of
dentists, we feel that the benefit differentials and lack of member complaints
overcome this advantage.
3. The MCNA DHMO premiums call for no change in rates with a three year rate
guarantee. The CompDent proposed rates call for a 5.69% increase.
4. In comparing the two Indemnity Plan proposals and options, the CompDent proposal
includes an option which more closely equals the current plan benefits. The
premiums for this plan equate to a 40.83 % increase over the current Security Life
premiums. The MetLife Plan offers a PPO plan which, given PPO utilization, offers
a 30% improvement in Type 2 services (fillings, endodonfics, periodontics) while
offering 25% less benefits in the first year for Type 3 services (major restorative
Spedalt~ing In Employee Benefits
Harry Kilgore, 1/21/00
Dental Recommendation
Page 2
dentures, bridges and crowns). The MetLife Plan calls for an increase over the
current indemnity phm of 36.62% including orthodonture benefits. While the
MetLife Plan directs members to network dentists to maximize benefits, we feel that
the network is large enough to minimize any benefit reductions which may occur as a
result of non-network utilization.
We have attached the benefit, premium and network comparisons of these two proposals.
Please let us know if you have any questions regarding our recommendation or
comparisons.
Sincerely,
Lloyd F Rhodes
a~achmems
cc: Chantal Jones
Glenn Marcos
City of Aventura
Group Dental Plan RFP # 00-01-05-3
Monthly Premium Comparison
Current Proposed
DHMO MCNA - 30~S MCNA - 300S MCNA - 300S CompDent CompDent
Prestige 15 Prestige 15
Enrollment
48 Employee $11.98 $11.98 $11 98 $12 36 $12.36
7 Employee Plus Spouse $20.57 $20.57 $20.57 $23.48 $23.48
7 Employee Plus Child(mn) $21.60 $21.60 $21.60 $23.48 $2348
14 Employee Plus Fmnily $29,50 $29.50 $29.50 $31.02 $31.02
76 Rate Guarantee 36 Months 36 Months 30 Months - 8/31/02 30 Months - 8/31/02
Total Monthly DItMO $1,283 23 $1,283.23 $1,283.23 $1,356.28 $1,356.28
Percentage Change 0.00% 0.00% 5.69% 5.69%
New Life Insurance
MetLife PPO Plan MetLife PPO Plan - New Life Insurance
Indemnity MCNA/Sccurity Life No Ortho Ortho Included U & C PPO
Schedule
9 Employee $22.49 $22.76 $25A9 $27.67 $22.04
5 Employee Plus Spouse $44.98 $4439 $50.83 $57.54 $46.28
5 Employee Plus ChEd(ren) $40.17 $44.87 $55,93 $57.54 $46.28
16 Employee Plus Family $61.85 $72.96 $90.60 $90.87 $75.11
35 Rate Gxt~antae 12 Months 12 Months 18 Months - 8/31/01 18 Months - 8/31/01
Total Monthly Indemnity $1,617.76 $1,818~50 $2,210.11 $2,278.35 $1,862.92
Percentage Change 12.41% 36.62% 40.83% 1515%
Total Monthly DHMO & Indcmni~ $2,900.99 $3,101.73 $3~493.34 $3,634.63 $3,219.20
Esthnated Annual DHMO & Iademnit~ $34,812 $37,221 $41,920 $43,616 $38,630
Esthaatcd Annual Dollar Difference $2,409 $7,108 $8,804 $3,819
Percentage Difference 7% 20% 25% 11%
City of Aventura
Group Dental Plan RFP # 00-01-05-3
Network Summaries
Miami-Dade County
DltMO MCNA Compl)ent
General Dentists 180 354
Pediatric Dentists 6 12
Oral Surgeons 27 32
Endodonlists 17 26
Periodonlists 31 44
Prosthodontists 2 2
Orthodontists 43 52
PPO MCNA CompDent
General Dentists 527 339
Pediatric Dentists 15 3
Oral Surgeons 60 21
Endodonfists 41 17
Periodontists 38 21
Prosthodontists 12 0
Orthodontists 30 23
Prepared by The Rhodes Insurance Group
1/20/00
City of Aventura
Group Dental Plan RFP g 00-01-05-3
Nelwork Summaries
Broward County
DHMO MCNA CompDent
General Dentists 120 241
Pediatric Dentists 8 13
Oral Surgeons 42 51
Endodontists 44 55
Periodontists 29 48
Prosthodontists 2 8
Orthodontists 23 34
PPO MCNA CompDent
General Dentists 462 258
Pediatric Dentists 12 7
Oral Surgeons 53 39
Endodonfists 45 21
Periodontists 37 26
Prosthodontists 10 0
Orthodontists 29 19
Prepared by The Rhodes Insurance Group
1/20/00
City of Aventura
Group Dental Plan RFP # 00-01-05-3
Network Summaries
Palm Beach County
DHMO MCNA CompDent
General Dentists 40 135
Pediatric Dentists 4 6
Oral Surgeons 26 32
Endodontists 17 29
Periodontists 23 36
Prosthodontists 2 4
Orthodontists 21 32
PPO MCNA CompDent
General Dentists 194 123
Pediatric Dentists 13 0
Oral Surgeons 51 17
Endodonlists 39 7
Periodontists 35 11
Proslhodontists 7 2
Orthodontists 27 14
Prepared by The Rhodes Insurance Group
1/20/00
City of Aventura
Group Dental Plan RFP # 00-01-05-3
Network Summaries
Miami-Dade, Broward, Palm Beach Counties
DltMO MCNA Compl)ent
General Dentists 340 730
Pediatric Dentists 18 31
Oral Surgeons 95 115
Endodontists 78 110
Perlodontists 83 128
Prosthodontists 6 14
Orthodontists 87 118
PPO MCNA CompDent
General Dentists 1183 720
Pediatric Dentists 40 10
Oral Surgeons 164 77
Endodontists 125 45
Periodontists 110 58
Prosthodontists 29 2
Orthodontists 86 56
Prepared by The Rhodes Insurance Group
1/20/00
City of Aventura
RFP # 00-01-05-3 Group Dental Plan
DHMO Benefit Comparison
MCNA
ADA Code Dental Treatment Current Compdent
Prestige 15
& Proposed
Diagnostic
9430 Office Visit $5 $5
0150 Comprehensive Oral Exam n/c l~C
0120 Periodic Oral Exam tffc n/c
1340 Preventive Dental Care Training n/c UCR less 25%
0470 Diagnostic Models n/c n/c
0502 Oral Cancer Exam n/c UCR less 25%
9998 Diagnosis and Treatment Plan Presentation n/c UCR less 25%
Radiographs (X-rays)
0210 Intraoral Radiographs Complete Series (inc. bitewings) ~c n/c
0220 X-rays single n/c ~c
0272 Bitewings (2) n/c n/c
0274 Bitewings (4) n/c n/c
0330 X-rays Panoramic Film n/c n/c
Preventative
1110/1120 Prophylaxis (adult, child) (routine cleaning ea. 6 months) n/c
1201/1203 Iopical fluorlde treatment up to 16 years old n/c rffc
1330 Oral Hygiene Instruction n/c n/c
1110 Additional Prophylaxis $16
1351 Sealants per tooth (to age 14) $8 $7
Anesthesia
9215 Local Anesthesia n/c ~c
9230 Nitrous Oxide (per 30 minutes) $20 $15
Space Maintainers*
1510/1515 Fixed $35 $45 +lab
1520/1525 Removable $75 $85 +lab
Restorative (Fillings)
2940 Sedative Restoration rffc $15
: Amalgam (Silver) Adult/Child
2110/2140 One surface n/c n/c
2120/2150 Two surfaces n/c n/c
2130/2160 Three surfaces n/c n/c
2131/2161 Four surfaces rffc n/c
City of Aventura
RFP # 00-01-05-3 Group Dental Plan
DHMO Benefit Comparison
MCNA
ADA Code Dental Treatment Current Compdent
Prestige 15
& Proposed
2951 Retention pin (per pin exclusive of filling) $12 UCR less 25%
2999 Glass ionomer liner $10 UCR less 25%
Resin Restorations (includin$ acid etch)
2330 One surface anterior $30 $30
2331 Two surface anterior $35 $37
2332 Three surface anterior $45 $45
2335/2336 Four or more surfaces or involving incisal an~le $60 UCR less 25%
Inlays*
2510 [nlay metallic 1 surface $80 $85
2520 Inlay metallic 2 surfaces $90 $95
2530 Inlay me{allic 3 or more surfaces $115 $120
Cosmetic Services - Bonding
3960 Vital bleaching (per arch) $150 UCR less 25%
2960 Labial veneer (laminate) chairside $95 UCR less 25%
2961 Labial veneer (resin laminate) lab process $145 UCR less 25%
2962 Labial veneer (porcelain laminate) lab process $310 UCR less 25%
Crown & Bridge/Pontics/Abutment Crown*
2970 Yemporary Crown (in conjunction with permanent crowa) rdc UCR less 25%
2930 ;rainless Steel Crown (primary teeth only) $45 $45
2751/6241/ Porcelain fused to Metal Crown (non-precious) $235 $240
6751
2791/6211/
Full cast crown $210 $220
6791
2810 3/4 cast crown $190 $220
2952/2954 PosffPin and core build-up in addition to crown $80 $90/$75
6930/2920/ Recement Bridge/crowrdinlay/onlay per tooth $10 $10
2910
Adjunctive Services
9951 Occlusal adjustment (limited) $25 $25
9952 Occlusal adjustment (complete) $145 $150
Periodontics (Gum Treatment)**
4110 Periodontal evaluation and treatment plan $40 UCR less 25%
4210 Cfingivectomy/gingivoplasty (per quadrant) $90 $120
City of Aventura
RFP # 00-01-05-3 Group Dental Plan
DHMO Benefit Comparison
MCNA
ADA Code Dental Treatment Current Compdent
& Proposed Prestige 15
4260 Osseous surgery (per quadrant) $300 $300
4271 Gingival graft $175 $215
4341 Periodontal scaling and root planing (per quadrant) $45 $45
4345 Periodontal scaling in presence of gingival inflammation $35 UCR less 25%
9940 Night ~uard (hard) $150 UCR less 25%
9941 Night guard (soft) $50 UCR less 25%
4910 Periodontal prophylaxis $45 UCR less 25%
9611 Antimicrobial irrigation/quadrant $15 UCR less 25%
9910 Application of desensitizing medicament s/quadrant $15 UCRless 25%
Endodontics**
0460 Pulp vitality test n/c n/c
3220 Pulpotumy $20 $30
3310 Anterior root canal $100 $100
3320 Bicuspid root canal $185 $190
3330 Molar root canal $220 $240
3410-3426 Apicoectomy per canal (separate procedure) $75 $95
Extractions/Oral Surgery
7110 Sin~e Tooth n/c n/c
7120 Each additional tooth (per visit) $10 $10
7210 Surgical extraction $30 $25
7220 Soft tissue impaction $35 $40
7230 Partial bony impaction $55 $60
7240 Cotnplete bony impaction $75 $75
7250 Surgical root recovery (including flaps and sutures) $30 $25
7470 Removal of exostosis (maxilla or mandible) $85 UCR less 25%
7510 Incision and drainage of abscess (intraoral, extraoral) $20 $20
7450 Excision of cyst (small) $25 UCR less 25%
7461 Excision of cyst (1 25 cm or larger) $35 UCR less 25°/0
7960 Frenectomy (separate procedure) $45 UCR less 25%
7970 Excision of hyperplastic tissue (per arch) $45 UCR less 25%
7310 Alveoloplasty (per quadrant) with extractions (min. 2 teeth) $15 $20
7320 Alveoloplasty without extraction $35 $50
City of Aventura
RFP # 00-01-05-3 Group Dental Plan
DHMO Benefit Comparison
MCNA
ADA Code Dental Treatment Current Compdent
& Proposed Prestige 15
Prosthodontics (Standard complete denture includes
adjustments within 30 days)
5110 Complete upper denture (standard) $240 $260
5120 Complete lower denture (standard) $240 $260
5130 Immediate upper denture (does not include reline charge) $250 $280
Standard)
5140 Immediate lower denture (does not include reline charge) $250 $280
Standard)
5115 Customized and cosmetic denture (upper and lower) includes $325 UCR less 25%
adjustments for 6 months
Partial Dentures (includes adjustments within 30 days)
5211/5212 Upper/lower resin base with 2 clasps $245 $280
5213/5214 Upper/lower cast metal base with 2 clasps $300 $350
5310 Additional clasps $30 $30
5400 Additional adjustments $10 UCR less 25%
Repairs to Prosthetics (Complete or Partial)#
5510 Repair broken complete denture, no teeth damage $15 $15
5520/5640 Replace missing or broken teeth (each tooth) $10 $10
5520 Each additional tooth $5 $I0
5630 Repair or replace broken clasp $15 $15
5650 Add tooth to existing partial $30 $30
Reline of Upp er or Lo wet D enture #
5730/5731 Complete or Partial reline (chairside) $45 $45
5740/5741
5750/5751 Completu or Partial reline (lab) $45 $35
5760/5761
Miscellaneous
9110 Emergency visit (palliative Ireatment) for dental pain during $10 ' UCR less 25%
iffice hours
9440 Emergency visit (aPter office hours) $35 $35
9310 Consultation (second opinion) $15 $10
City of Aventura
RFP # 00-01-05-3 Group Dental Plan
DHMO Benefit Comparison
MCNA
ADA Code Dental Treatment Current Compdent
& Proposed Prestige 15
Broken appointment (without 24 hours notice) per 15 minutes.
9999 Max. $40 per broken appointment. No charge for severe $10 $10
emergencies.
9210 Regional block anesthesia nJc UCR less 25%
9215 Local anesthesia n/c n/c
Orthodontics (Braces)
8000 Initial consultation $25 n/c
8100 Treatment plan/records $350 $250
8560/8580 Routine 24 months banded case
Children $1,400 $1,650
Adults $1,950 $1,850
8750 Retention $300 additional
* Patient charges are exclusive of precious (high noble) and semi-precious metals.
** MCNA Specialty Care: This Benefits Schedule is valid at the participating specialist's office (where
participating specialists are available) when the member is refers-ed by the participating general dentist.
# Patient may be responsible for additional lab fees.
MCNA NOTE: When crown and/or bridgework exceed six units, a copayment of an additional $30 may be
charged for each of the six units and for each additional unit.
COMPDENT NOTE: When crown and/or bridgework exceeds six consecutive units, the patient may be
charged an additional $25 per unit.
Prepared by The Rhodes Insurance Group
1/18/00
Managed Care of Managed Care of Managed Care of
North America/ North America/ North America/ CompDent CompDent
Securi~ Life Met Life Met Life TG Plan TGN Plan
Current No Orlho Ortho Included
Plzm Type Any Dentist PPO PPO Any Dent~t U&C PPO - Schedule
)eductthle
adividuai $50 $50 $50 $50 $50
:amily ll/a $150 $I50 $150 $150
2alendar Year Maaimmn $1,000 $1,000 $1,000 $1,000 $1,000
?REVENTIVE (Class I Services) fo~ ~Yentive fo~ Pre~,~nflv~
)iagnosfic
3ral Exams $0 $0 $0 $0
(adiographs $0 $0 $0 $0 $0 m net~vork; 20%
of PPO schedule out
Fests a~d Lab Exams $0 $0 $0 $0
of network
~.mergency Treatment $0 $0 $0
Prophylaxis $0 $0 $0 $0
?thoride Treahnenls $0 $0 $0 $0
I/year to age 16
~ASIC (Class 11 Service0
6 month waiting 6 month wait aig 12 months 12 months
3enefit Waiting Period for New Members none ~e~iod for fillfi~gs, ~eriod for fiIlaigs,
12monthsthrothe~ 12 months for other penodonticsmid periodonticsand
endodontics endodontics
CYD + 20% in
3enem] Anesthesia CYD + 50% CY-D + 20% CYD + 20% CYD + 50% nelwork, CYD +
40% out of nct~vork
CYD + 20%in
~.estomtive CYI) + 50% CYD + 20% CYD + 20% CYI) + 50% network. CYD +
40% out of network
CYD+20%m
Mnalgam CYD + 50% CYD + 20% CYD + 20% CYD + 50% network, CYD +
40% oul of network
City of Aventura
RFP # ~0-01~)S-3 Group Dental Plan
Denta! Indemnity Benefit Comparison
Managed Care of Managed Care of Managed Care of
North America/ North America/ North America/ CompDent CompDent
Security Life Met Life Met Life TG Plan TGN Plan
~4AJOR (Class m Services)
:)rthodonture
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission/'¢ ~ty~e
Eric M Soroka, Ci/t~M
Brenda Kelley, Gemm~ ' velopment Direct 'e~'
January 14, 2000
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to change the land use
designation of the Turnberry "U" and "V" parcels from Medium High
Density Residential to Business and Office. (01a-CPA-99) (Small Scale)
February 1, 2000 Local Planning Agency Agenda Item ~/~
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve the Comprehensive Plan
amendment to change the land use designation of the Turnberry "U" and "V' sites from
Medium High Density Residential to Business and Office; and 2) approve the transmittal
of the amendment to the Florida Department of Community Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department is requesting
Comprehensive Plan amendment to change the land use designation of the Turnberry
"U" and "V" sites from Medium High Density Residential to Business and Office to
facilitate a rezoning of the two parcels from RMF4 (Multi-Family High Density
Residential District) to B1 (Neighborhood Business District).
SITE DATA
OWNER OF PROPERTY
D. Softer and B. Redlich
NAME OF APPLICANT
City of Aventura Department of Community
Development
LEGAL DESCRIPTION
Tracts FF and GG, Fifth Addition to Biscayne
Yacht and Country Club, Plat Book 99, Page
20, Public Records of Miami-Dade County,
Florida. (Tract FF is designated "Site V" in the
Biscyane Villas Criteria Manual and Tract GG
is designated "Site U".)
LOCATION OF PROPERTY
North of William Lehman Causeway, south of
Yacht Club Way, east of East Country Club
Drive, west of Mystic Point Drive. (Location
map is attached as Exhibit #1 and an aerial
photograph is attached as Exhibit #2)
SIZE OF PROPERTY
Site "U" (Tract GG): 1.4 acres
Site "V" (Tract FF): 2.1 acres
DESCRIPTION/BACKGROUND
Miami-Dade County Resolution Z-50-69, approved February 20, t969 allowed a series
of rezonings to facilitate the initial development of a resort to be developed in
substantial accordance with the site plan entitled "Preliminary Development Plan of
Biscayne Village," revised dated November 29, 1969. (Henceforth the "Criteria
Manual.") The Criteria Manual designated Sites U and V for commercial use to support
adjacent high density residential and resort land uses.
On December 15, 1998 the Aventura City Commission approved the City of Aventura
Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan
designated both parcels "Medium High Density Residential" consistent with the existing
Miami-Dade County Comprehensive Plan. On July 13, 1999 the City Commission
approved the City of Aventura Land Development Regulations (LDRs). The adopted
zoning map contained in the LDRs designated a zoning of RMF4 (Multi-Family High
Density Residential) for the two parcels. In the process of developing the LDRs, the
landowners informed the City that they believed that prior Miami-Dade County
approvals had vested them with development rights inconsistent with the RMF4 zoning.
The City agreed to approve a zoning change, conditioned upon the acceptance of a
comprehensive plan amendment.
2
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High
Medium High
Medium High
Medium High
Medium High
Density Residential
Density Residential
Density Residential
Density Residential
Density Residential
Zoning
Subject Property: RMF4
Properties to the NoAh: RMF4
Properties to the South: RMF4
Properties to the East: RMF4
Properties to the West: RMF4
Multi-Family High Density Residential
Multi-Family High Density Residential
Multi-Family High Density Residential
Multi-Family High Density Residential
Multi-Family High Density Residential
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Vacant
Residential
William Lehman Causeway; Water
Residential and Community Facility (Synagogue)
Residential
Access - Access to both sites are from Yacht Club Way. No access easements are
required,
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - Beth sites are compatible with
the lot and siting requirements of the B1 zoning district. The B1 zoning district is
intended to provide primarily for retail sales and services to a surrounding
neighborhood. The zoning is appropriate for location between a collector road and the
right-of-way for a limited access highway.
Coastal High Hazard Location -The location of this site is not in a designated coastal
high hazard area
3
RECOMMENDATION
It is recommended that the City Commission: 1) approve the Comprehensive Plan
amendment to change the land use designation of the Turnberry "U" and "V" sites from
Medium High Density Residential to Business and Office; and 2) approve the transmittal
of the amendment to the Florida Department of Community Affairs.
4
BROWARD COUNT~
DADE COUNTY
IVES DAIRY RD
MIAMI
GARDENS DR
I TER
/ENTURA
Aventura Mall
192 S¥
191 ST
LEGEND
01a-CPA-99 (Small Scale Amendment)
EXHIBIT #2
01a-CPA-99 (Small Scale Amendment)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THE PROPERTY LOCATED NORTH
OF WILLIAM LEHMAN CAUSEWAY, SOUTH OF YACHT
CLUB WAY BETWEEN EAST COUNTRY CLUB DRIVE
AND MYSTIC POINT DRIVE FROM MEDIUM HIGH
DENSITY RESIDENTIAL TO BUSINESS AND OFFICE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "'Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the subject properties
Medium High Density Residential, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, the City Commission adopted the City's Land Development Regulations
(the "LDRs") in July 1999; and
WHEREAS, in the process of developing the LDRs, it was determined that the
zoning was inconsistent with the land use designation on the property; and
VVHEREAS, the City Commission agreed to approve a business zoning designation
on the subject properties, conditioned upon the acceptan~ of a Plan amendment; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
Ordinance No.
Page 2
WHEREAS, the City Commission believes it is in the best interest of the public
to amend the future land use map designation on the subject properties from Medium
High Density Residential to Business and Office; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desiqnation. The future
land use map designation of the properties legally described as:
Tracts FF and GG, Fifth Addition to Biscayne Yacht and Country Club,
Plat Book 99, Page 20, Public Records of Miami-Dade County, Florida a/k/a
Turnberry "U" Site (Tract GG) and Turnberry "V" Site (Tract FF)
is changed from Medium High Density Residential to Business and Office.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
2
Ordinance No.
Page 3
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on this 1~ day of February, 2000.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBdECT:
City Commission
Eric M. Soroka, ~y ?/~
Brenda Kelley, C'Omr~
January 14, 2000
;velopment Direct~
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to change the land use
designation of a parcel at the southeast corner of NE 28 Cour[ and NE
185 Street (the "Binning East" site) from Medium High Density Residential
to Business and Office. (01b-CPA-99) (Small Scale)
February 1, 2000 Local Planning Agency Agenda Item ~
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change to the land use designation of a 1.66 acre site at the southeast
corner of NE 28 Court and NE 185 Street (the "Binning East" site) from Medium High
Density Residential to Business and Office; and 2) approve the transmittal of the
amendment to the Florida Department of Community Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to change the land use designation of a 1,66 acre
site at the southeast corner of NE 28 Court and NE 185 Street from Medium High
Density Residential to Business and Office to facilitate a rezoning from RMF3 (Multi-
Family Medium Density Residential District) to B2 (Community Business District).
SITE DATA
OWNER OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
National Gypsum Co. cio Binning Building
Products, Inc.
City of Aventura Department of Community
Development
Beginning 90.17 feet East of the Northwest ¼
of the East ¼ of the Southeast ¼ of the SW ~¼
of Section 3, Township 52 South, Range 42
East, thence South along the East right-of-way
line of NE 28 Court 361.33 feet, thence East
200.28, thence North 361.18 feet, thence West
200.28 feet to the Point of Beginning.
Southeast corner of NE 28 Court and NE 185
Street. (Location map is attached as Exhibit #1
and an aerial photograph is attached as Exhibit
#2)
Approximately 72,367 square feet (1.66 acres)
DESCRIPTION/BACKGROUND
This parcel comprises slightly less than one-quarter of the total site upon which the
Binning Pan American factory sits. Unlike the 6.7 acres of land lying west of NE 28
Court, this parcel (located south of NE 185 Street, between NE 28 Court and a Florida
Power and Light substation) is undeveloped. On December 15, 1998 the Aventura City
Commission approved the City of Aventura Comprehensive Plan. The Future Land Use
Map of the Comprehensive Plan designated the Binning East parcel "Medium High
Density Residential" consistent with the existing Miami-Dade County Comprehensive
Plan. On July 13, 1999 the City Commission approved the City of Aventura Land
Development Regulations (LDRs). The adopted zoning map contained in the LDRs
designated a zoning of RMF3 (Multi-Family High Density Residential) for the parcel. In
the process of developing the LDRs, the landowners informed the City that the East
parcel was not a separate lot, but a portion of the total Pan American factory site. As
such, prior Miami-Dade County approvals may have vested development rights
inconsistent with the RMF3 zoning. In addition, the location of the East parcel, adjacent
to an electrical substation, may be incompatible with residential development. As a
result, the City agreed to approve a zoning change to B2, the same as the remainder of
the Binning factory site. The rezoning was conditioned upon the acceptance of a
comprehensive plan amendment.
2
ANALYSIS
Future Land Use Designation
Subiect Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Proper~y:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High Density Residential
Medium High Density Residential
Medium High Density Residential
Medium High Density Residential
Business and Office
RMF3
RMF3
RMF4
U
B2
Multi-Family Medium Density
Residential District
Multi*Family Medium Density
Residential District
Multi-Family High Density Residential
District
Utilities District
Community Business District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Vacant
Residential (Under Development)
Residential
Utility (Electric Power Substation)
Industrial
Access - Access to the site is from NE 185 Street. No access easements are required.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The site is compatible with the
lot and siting requirements of the B2 zoning district. The future extension of Miami
Gardens Drive will divide that portion of the Binnings site to the west of NE 28 Court into
two sites, one north and the other south of the new road. A zoning designation of B2 on
the Binnings East site will facilitate a possible vacation of NE 28th Court south of NE 185
Street and the creation of a single developable site south of the new Miami Gardens
Drive extension,
3
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of a 1.66 acre site at the southeast
corner of NE 28 Court and NE 185 Street (the "Binning East" site) from Medium High
Density Residential to Business and Office; and 2) approve the transmittal of the
amendment to the Florida Department of Community Affairs,
4
33180
LEGEND 0
Roadways
City Boundary
R~Jlroad
EXHIBIT #2
01 b-CPA-99 (Small Scale Amendment)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THE PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF NE 28 COURT AND NE 185
STREET FROM MEDIUM HIGH DENSITY RESIDENTIAL
TO BUSINESS AND OFFICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the subject property
Medium High Density Residential, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, the City Commission adopted the City's Land Development Regulations
(the "LDRs") in July 1999; and
WHEREAS, in the process of developing the LDRs, it was determined that the
zoning was inconsistent with the land use designe/ion on the property; and
WHEREAS, the City Commission agreed to approve a business zoning designation
on the subject property, conditioned upon the acceptance of a Plan amendment; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
WHEREAS, the City Commission believes it is in the best interest of the public
to amend the future land use map designation on the subject property from Medium
High Density Residential to Business and Office; and
Ordinance No.
Page 2
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map DesiRnation. The future
land use map designation of the property legally described as:
Beginning 90.17 feet East of the Northwest ¼ of the East % of the Southeast %
of the SW ¼ of Section 3, Township 52 South, Range 42 East, thence South
along the East right-of-way line of NE 28 Court 361.33 feet, thence East 200.28
feet, thence North 361.18 feet, thence West 200.28 feet to the Point of
Beginning a/k/a Binnings East site, Southeast corner of NE 28 Court and NE 185
Street
is changed from Medium High Density Residential to Business and Office.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
2
Ordinance No.
Page 3
Section 4. Transmittal. The City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
who
The foregoing Ordinance was offered by Commissioner
moved its adoption. This motion was seconded by
and upon being put to a vote, the vote was as follows:
Commissioner
Commissioner Jay R Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on this 1~ day of February, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, C.C~ .Ma/pa~r
Brenda Kelley, ~m~evelopment Direct~
January 14, 2000
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to change the land use
designation of a parcel at 2890 NE 187 Street ("High Lift Marine") from
Medium High Density Residential to Town Center. (01c-CPA-99) (Small
Scale)
February 1, 2000 Local Planning Agency Agenda Item '~ ~/'
February 1, 2000 City Commission Meeting Agenda Item r7 ~'
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of a 1.99 acre site at 2890 NE 187 (the
"High Lift Marine" site) from Medium High Density Residential to Town Center; and 2)
approve the transmittal of the amendment to the Florida Department of Community
Affairs,
THE REQUEST
The Applicant, the City of Aventura Community Development Depar[ment, is requesting
a Comprehensive Plan amendment to change the land use designation of a 1.99 acre
site at 2890 NE 187 to facilitate a rezoning from RMF3 (Multi-Family Medium Density
Residential District) to TC2 (Town Center Marine District).
SITE DATA
OWNER OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
Big E Marine Properties, inc.
City of Aventura Department of Community
Development
Beginning 180.25 feet North and 70 feet East
of the Northeast corner of the Northwest ¼ of
the Southeast ¼ of the Southwest ¼ of Section
3, Township 52 South, Range 42 East, Miami-
Dade County Florida, thence South along the
East right-of-way line of NE 29 Avenue 49.74
feet to the Point of Beginning, thence in a
Southwesterly arc a distance of 314.90 feet
West along the South right-of-way of NE 187
Street 142.58 feet South 188.64 feet to the
point of commencement of a curve thence
Southeasterly along an arc 23.60 feet to point
of commencement of a reverse curve thence
along an arc 37.50 feet thence East 297.03
feet thence North 216.10 feet East along the
North bank of the canal 20 feet North 225.41
feet to the Point of Beginning.
2890 NE 187 Street (Location map is attached
as Exhibit #1 and an aerial photograph is
attached as Exhibit #2)
Approximately 86,684 square feet (1.99 acres)
DESCRIPTION/BACKGROUND
This parcel contains the High-Lift Marine light industrial site and the Aventura's Finest
Hand Car Wash. On December 15, 1998 the Aventura City Commission approved the
City of Aventura Comprehensive Plan. The Future Land Use Map of the Comprehensive
Plan designated the site "Medium High Density Residential" consistent with the existing
Miami-Dade County Comprehensive Plan. On July 13, 1999 the City Commission
approved the City of Aventura Land Development Regulations (LDRs). The adopted
zoning map contained in the LDRs designated a zoning of RMF3 (Multi-Family Medium
Density Residential) for the parcel. In the process of developing the LDRs, the City
added a second Town Center district, the "Town Center Marine District". This new
district was intended to facilitate the redevelopment of the "Thunderboat Row" district
while not preventing the continued operation of marine-related light industrial activities
generating few if any off-site nuisances. As a result, the City agreed to approve a
2
zoning change on the High Lift Marine site to TC2, the most compatible zoning
designation for the site and surrounding parcels. The rezoning was conditioned upon
the acceptance of a comprehensive plan amendment.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium High Density Residential
Town Center
Medium High Density Residential
Town Center and Medium High Density Residential
Business and Office
RMF3
TC1
RMF3
TC2
B2
Multi-Family Medium Density
Residential District
Town Center District
Multi-Family High Medium Residential
District
Town Center Marine District
Community Business District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Marine Light Industrial
Retail
Residential
Marine Light Industrial
Retail
Access - Access to the site is from NE 187 Street, No access easements are required.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment witl not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The site is compatible with the
lot and siting requirements of the TC2 zoning district,
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
3
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of a 1.99 acre site at 2890 NE 187 (the
"High Lift Marine" site) from Medium High Density Residential to Town Center; and 2)
approve the transmittal of the amendment to the Florida Depattment of Community
Affairs.
4
33'
LEGEND
~nt)
SITE
EXHIBIT #2
01c-CPA-99
(Small Scale Amendment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THE PROPERTY LOCATED AT 2890
NE t87 STREET FROM MEDIUM HIGH DENSITY
RESIDENTIAL TO TOWN CENTER; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan') in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the subject property
Medium High Density Residential, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, the City Commission adopted the City's Land Development Regulations
(the "LDRs'~) in Jury 1999; and
WHEREAS, in the process of developing the LDRs, it was determined that the
zoning was inconsistent with the land use designation on the property; and
WHEREAS, the City Commission agreed to approve a town center zoning
designation on the subject property, conditioned upon the acceptance of a Plan
amendment; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
Ordinance No.
Page 2
WHEREAS, the City Commission believes it is in the best interest of the public
to amend the future land use map designation on the subject property from Medium
High Density Residential to Town Center; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desiqnation. The future
land use map designation of the property legally described as:
Beginning 180.25 feet North and 70 feet East of the Northeast comer of the
Northwest ¼ of the Southeast ¼ of the Southwest ¼ of Section 3, Township 52
South, Range 42 East, Miami-Dade County, Florida, thence South along the
East right-of-way line of NE 29 Avenue 49.74 feet to the Point of Beginning,
thence in a Southwesterly arc a distance of 314.90 feet West along the South
right-of-way of NE 187 Street 142.58 feet South 188.64 feet to the point of
commencement of a curve thence southeasterly along an arc 23.60 feet to point
of commencement of a reverse curve thence along an arc 37.50 feet thence East
297.03 feet thence North 216.10 feet East along the North bank of the canal 20
feet North 225.41 feet to the Point of Beginning a/k/a 2890 NE 187 Street
is changed from Medium High Density Residential to Town Center.
2
Ordinance No.
Page 3
Section ;3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs.
Section $. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R, Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on this 1~ day of February, 2000.
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
ARTHURI. SNYDER, MAYOR
3
Ordinance No.
Page 4
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
CityCommission ~ (t
Eric M. Soroka,~y.~/M~'a~er
Brenda Kelley?Com~evelopment Direct~¢/~
January 14, 2000
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to change the land use
designation of a parcel at the northeast corner of NE 213 Street and
theoretical NE 32 Avenue ("Gulfstream Southeast") from Medium Density
Residential to Business and Office. (01d-CPA-99) (Small Scale)
February 1, 2000 Local Planning Agency Agenda Item '3
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of a 9.49 acre site at the northeast
corner of NE 213 Street and theoretical NE 32 Avenue (the "Gulfstream Southeast" site)
from Medium Density Residential to Business and Office; and 2) approve the transmittal
of the amendment to the Florida Department of Community Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to change the land use designation of a 9.49 acre
site at the northeast corner of NE 213 Street and theoretical NE 32 Avenue to facilitate
a rezoning from RS2 (Residential Single Family District) to MO (Medical Office District)
SITE DATA
OWNER OF PROPERTY
Exotic Gardens, Inc, c/o Gulfstream Park
Racing Association Inc.
NAME OF APPLICANT
City of Aventura Department of Community
Development
LEGAL DESCRIPTION
LOCATION OF PROPERTY
A portion of Section 34, Township 51 South,
Range 42 East, Miami-Dade County as
described in Dorm Acres subdivision, Plat Book
76, Page 30, Public Records of Miami-Dade as
the North 659.41 feet of Tract B less the
following: Beginning 541.55 feet South of the
Northeast corner of Section 34 thence South
01 degrees East 0.49 feet thence South 88
degrees West 620 feet thence Nodh 88
degrees East 431 feet Northeasterly an
additional 216.43 feet thence North 50 degrees
East 31.83 feet to Point of Beginning for the
right-of~way.
North of NE 213 Street, South of the Broward
County Line, East of theoretical NE 32 Avenue
and West of NE 34 Avenue.
SIZE OF PROPERTY
Approximately 9.49 acres.
DESCRIPTION/BACKGROUND
Only the southernmost portion of the Gulfstream Park raceway extends into Miami-
Dade County and the City of Aventura. This land is located between the Broward
County line, NE 213 Street, Biscayne Boulevard and NE 34 Avenue. This land,
immediately south of Gulfstream's parking lot, is now vacant. This application concerns
only the east half of this land.
On December 15, 1998 the Aventura City Commission approved the City of Aventura
Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan
designated the site "Medium Density Residential" consistent with the existing Miami-
Dade County Comprehensive Plan. On July 13, 1999 the City Commission approved
the City of Aventura Land Development Regulations (LDRs). The adopted zoning map
contained in the draft LDRs designated a zoning of RS2 (Residential Single Family
District) for the parcel, The landowners objected to this zoning, maintaining that a single
family residential use was incompatible with the adjacent community business uses
proposed to the west of the site and that the parcel is subject to lighting, noise and odor
nuisances from the operation of the Gulfstream race track and stables. City staff agreed
2
that an office use would be preferable given the limitations of the site and agreed to
change the zoning of the parcel to MO (Medical Office District) contingent upon a
Comprehensive Plan amendment.
ANALYSIS
Future Land Use Designation
Subject Property:
PrepertJes to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Medium Density Residential
Business (City of Hallandale Comprehensive Plan)
Medium High Density Residential; and
Parks and Recreation
Medium Density Residential
Business and Qffice
RS2
CRA
RS2
CNS
RMF3
RCS
B2
Residential Single Family District
Commercial Recreation Active (City of
Hallandale zoning)
Residential Single Family District; and
Conservation District
Multi-Family Medium Density
Residential; and
Recreation Open Space District
Community Business District
Existing Land Use -
Subject proper[y:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Vacant
Gulfstream Park
Residential and vacant wetlands
Residential and water
Vacant
Access - Access to the site is from NE 213 Street. No access easements are required.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The site is compatible with the
lot and siting requirements of the MO, Medical Office District.
3
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of a 9.49 acre site at the northeast
corner of NE 213 Street and theoretical NE 32 Avenue (the "Gulfstream Southeast" site)
from Medium Density Residential to Business and Office; and 2) approve the transmittal
of the amendment to the Florida Department of Community Affairs.
4
331
/ :
LEGEND0
SITE
IBIT #2;
)ld-CI
(Small Scale Amendment)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF NE 213 STREET AND
THEORETICAL NE 32 AVENUE FROM MEDIUM DENSITY
RESIDENTIAL TO BUSINESS AND OFFICE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the subject property
Medium Density Residential, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, the City Commission adopted the City's Land Development Regulations
(the "LDRs") in July 1999; and
WHEREAS, in the process of developing the LDRs, it was determined that the
zoning was inconsistent with the land use designation on the property; and
WHEREAS, the City Commission agreed to approve medical office zoning
designation on the subject property, conditioned upon the acceptance of a Plan
amendment; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
Ordinance No.
Page 2
WHEREAS, the City Commission believes it is in the best interest of the public
to amend the future land use map designation on the subject property from Medium
Density Residential to Business and Office; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section '1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map DesiRnation. The future
land use map designation of the property legally described as:
A portion of Section 34, Township 51 South, Range 42 East, Miami-Dade County
as described in Donn Acres subdivision, Plat Book 76, Page 30, Public Records
of Miami-Dade as the North 659.41 feet of Tract B less the following: Beginning
54'1.55 feet South of the Northeast corner of Section 34 thence South 01
degrees East 0.49 feet thence South 88 degrees West 620 feet thence North 88
degrees East 431 feet Northeasterly an additional 216.43 feet thence North 50
degrees East 31.83 feet to Point of Beginning for the right-of-way.
a/Ida
Gulfstream Park Southeast site
North of NE 213 Street, south of the Broward County line, east of theoretical NE
32 Avenue and west of NE 34 Avenue
2
Ordinance No.
Page 3
is changed from Medium Density Residential to Business and Office.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
3
Ordinance No.
Page 4
PASSED AND ADOPTED on this 1~t day of February, 2000.
ARTHURI. SNYDER, MAYOR
A']-I-EST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission/~'
Eric M. Sorok/~,ty~
Brenda Kelle~ Com'mu~
January 14, 2000
Development Directc~
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to change the land use
designation of three contiguous parcels along the east frontage of
Biscayne Boulevard between NE 187 Street and NE 191 Street from Town
Center to Business and Office (01e-CPA-99) (Small Scale)
February 1, 2000 Local Planning Agency Agenda Item ~
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of a 1.12 acre site at the southeast
corner of Biscayne Boulevard and NE 191 Street (the "Wash Depot" site) from Town
Center to Business and Office; 2) approve a Comprehensive Plan amendment to
change the land use designation of a 2.44 acre site also at the southeast corner of
Biscayne Boulevard and NE 191 Street (the "Bagel Cove Shopping Center" site) from
Town Center to Business and Office; 3) approve a Comprehensive Plan amendment to
change the land use designation of an approximately 3.86 acre site comprising the
westerly 200 feet of the Loehmann's Plaza shopping center along Biscayne Boulevard
between the Bagel Cove Shopping Center on the north and NE 187 Street on the south
from Town Center to Business and Office; and 4) approve the transmittal of the
amendment to the FIorida Department of Community Affairs,
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to change the land use designation of three
contiguous parcels along the east frontage of Biscayne Boulevard between NE 187
Street and NE 191 Street from Town Center to Business and Office.
SITE DATA
OWNERS OF PROPERTY
NAME OFAPPLICANT
LEGAL DESCRIPTION
Wash Depot II, Inc.; Virginia and Greggory
Pappas, Trustees and James Pappas, Trustee;
the Prudential Insurance Company of America.
City of Aventura Department of Community
Development
Wash Depot Ih Beginning 250.15 feet West of
the Northeast corner of the North ½ of the
Northeast ¼ of the Northwest ¼ of the
Southwest ¼ of Section 3, Township 52 South,
Range 42 East, Miami-Dade County,
continuing West to State Road 5 right-of-way
line thence South 210 feet, thence East 295
feet more or less, thence North 210 feet to the
Point of Beginning, less the North 35 and less
the West 16 and less the extent of an area of
curve in the Northwest corner, all for right-of-
way.
Bagel Cove Shopping Center: Beginning 100
feet West and 250 feet South of the Northeast
corner of the Northeast ¼ of the Northwest ¼
of the Southwest ¼ of Section 3, Township 52
South, Range 42 East, Miami-Dade CountyT
thence West 75 feet, thence South 10 feet,
thence West 295 feet more or less, thence
South 250 feet, thence East 455.85 feet,
thence North 211.77 feet to the Point of
Beginning less the West 15.90 feet for right-of-
way.
Loehmann's Plaza: A portion of Section 3,
Township 52 South, Range 42 East, Miami-
Dade County as described in Regina Square
subdivision, Plat Book 113, Page 27, Public
Records of Miami-Dade as a portion of Tract A
described as beginning 223.65 feet east of the
Northwest corner of Tract A, thence South
348.36 feet. thence East 334,26 feet, thence
2
LOCATION OF PROPERTY
SIZE OFPROPERTY
DESCRIPTION/BACKGROUND
North 149.50 feet thence West 283.39 feet,
thence North 198.74 feet to the Point of
Beginning and Tract B less that portion
described as beginning at the intersection of
the section line of the Northeast ¼ of the
Northwest 1/4 of the Southwest ¼ and the East
right-of-way line of US-l, thence North 138.25
feet thence East 187.46 feet,
The east frontage of Biscayne Boulevard to a
depth of approximately 200 feet from NE 191
Street on the north to NE 187 Street on the
south.
Approximately 7,42 acres.
On December 15, 1998 the Aventura City Commission approved the City of Aventura
Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan
designated the site "Town Center". On July 13, 1999 the City Commission approved the
City of Aventura Land Development Regulations (LDRs). The adopted zoning map
contained in the draft LDRs designated a zoning of TC1 (Town Center District) for the
Wash Depot II and Bagel Cove Shopping Center properties. The Biscayne Boulevard
frontage of Loehmann's Plaza received a zoning designation of B3 (Heavy Business
District). The landowners for the Wash Depot II and Bagel Cove Shopping Center
objected to this zoning, maintaining that it was incompatible with existing Miami-Dade
County and City of Aventura development approvals. City staff agreed that traffic and
design considerations limited the use of these two sites for mixed
residential/commercial development. As a result, the City agreed to approve a zoning
change to B2, the most compatible zoning designation for the two parcels, contingent
upon the approval of a comprehensive plan amendment to change the land use
designation of the site from Town Center to Business and Office.
The land along the Biscayne Boulevard frontage of Loehmann's Plaza had been
proposed for a B3 zoning designation in the first draft of the LDRs. The City's B3
designation was consistent with the County's earlier BU-3 zoning designation at this
location. However, during the process of finalizing and adopting the LDRs, allowable
uses in the B3 district were expanded to include several intensive commercial activities,
particularly those associated with automobile sales and service. Although consistent
with the previous Miami-Dade County BU-3 zoning, such uses are not compatible with
the concept of the Town Center district presented in the Comprehensive Plan,
Therefore, City Staff recommended that the Comprehensive Plan designation for the B3
zoned area of the Loehemann's Plaza shopping center be changed to Business and
Office.
3
ANALYSIS
Future Land Use Designation
Subject Property:
Proper[les to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Town Center
Business and Office
Business and Office
Medium Density Residential
Industrial and Office (Miami-Dade County Plan)
TC1
B3
B2
B2
TC1
U
Town Center District, and
Heavy Commercial
Community Business District
Community Business District
Town center District
Utilities District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Retail and automotive-related retail
Retail
Retail
Retail
Biscayne Boulevard and FEC Railroad
Access - Access to the site is from Biscayne Boulevard. NE 191 Street and NE
187Street. No access easements are required.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The sites are compatible with
the lot and siting requirements of the B2 and B3 districts.
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
4
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change to the land use designation of a 1.12 acre site at the southeast
corner of Biscayne Boulevard and NE 191 Street (the "Wash Depot" site) from Town
Center to Business and Office; 2) approve a Comprehensive Plan amendment to
change to the land use designation of a 2.44 acre site also at the southeast corner of
Biscayne Boulevard and NE 191 Street (the "Bagel Cove Shopping Center" site) from
Town Center to Business and Office; 3) approve a Comprehensive Plan amendment to
change to the land use designation of an approximately 3.86 acre site comprising the
westerly 200 feet of the Loehmann's Plaza shopping center along Biscayne Boulevard
between the Bagel Cove Shopping Center on the north and NE 187 Street on the south
from Town Center to Business and Office; and 4) approve the transmittal of the
amendment to the Florida Department of Community Affairs.
5
33180 '
· " LEGEND
SITE
EXHIBIT #2
01e-CPA-9!
(Small Scale Amendment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENS~E MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP
DESIGNATION FOR THE THREE CONTIGUOUS
PROPERTIES LOCATED ALONG THE EAST FRONTAGE
OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET
AND NE 191 STREET FROM TOWN CENTER TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Plan designated the subject properties
Town Center; and
WHEREAS, the City Commission adopted the City's Land Development Regulations
(the "LDRs") in July 1999; and
WHEREAS, in the process of developing the LDRs, it was determined that the
zoning was inconsistent with the land use designation on the properties; and
WHEREAS, the City Commission agreed to approve business zoning designations
on the subject properties, conditioned upon the acceptance of a Plan amendment; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan; and
Ordinance No.
Page 2
WHEREAS, the City Commission believes it is in the best interest of the public
to amend the future land use map designation on the subject properties from Town
Center to Business and Office; and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Designation, The future
land use map designation of the properties legally described as:
Wash Depot Il: Beginning 250,15 feet West of the Northeast
corner of the North % of the Northeast ¼ of the Northwest ¼ of the
Southwest ¼ of Section 3, Township 52 South, Range 42 East,
Miami-Dade County, continuing West to State Road 5 right-of-way
line thence South 210 feet, thence East 295 feet more or less,
thence North 210 feet to the Point of Beginning, less the North 35
and less the West 16 and less the extent of an area of curve in the
Northwest corner, all for right-of-way.
a/k/a
19055 Biscayne Boulevard
Bagel Cove Shopping Center: Beginning 100 feet West and 250
feet South of the Northeast corner of the Northeast ¼ of the
Northwest ¼ of the Southwest ¼ of Section 3, Township 52 South,
Range 42 East, Miami-Dade County, thence West 75 feet, thence
2
Ordinance No.
Page 3
South 10 feet, thence West 295 feet more or less, thence South
250 feet, thence East 455.85 feet, thence North 211.77 feet to the
Point of Beginning less the West 15.90 feet for right-of-way.
a/ida
The Cove
18955-19023 Biscayne Boulevard
Loehmann's Plaza: A portion of Section 3, Township 52 South,
Range 42 East, Miami-Dade County as described in Regina
Square subdivision, Plat Book 113, Page 27, Public Records of
Miami-Dade as a portion of Tract A described as beginning 223.65
feet east of the Northwest corner of Tract ^, thence South 348.36
feet. thence East 334.26 feet, thence North 149.50 feet thence
West 283.39 feet, thence North 198.74 feet to the Point of
Beginning and Tract B less that portion described as beginning at
the intersection of the section line of the Northeast ¼ of the
Northwest 1/4 of the Southwest ¼ and the East right-of-way line of
US-l, thence North 138.25 feet thence East 187,46 feet,
a/Ida
27tl NE 187 Street and
18741 Biscayne Boulevard
are changed from Town Center to Business and Office.
Section 3. Severabili~. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the
amendment to the State of Florida Department of Community Affairs.
3
Ordinance No.
Page 4
Section 5.
Effective Date.
Chapter 163 of the Florida Statutes.
This Ordinance
shall be effective pursuant to
The foregoing Ordinance was offered by Commissioner
who moved its adoption. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on this 1~ day of February, 2000.
ARTHURI. SNYDER, MAYOR
A~q-EST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A%I'ORN EY
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENTDEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka,~.M/
Brenda Kelley, Comm"uq~
January 14, 2000
velopment Directdr~
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to delete the designation of
Ives Dairy Road (NE 203 Street) from Biscayne Boulevard to NE 30
Avenue as a Limited Access Highway on the Future Functional
Classification and Number of Lanes Map (Map 2-5) of the Transportation
Element. (01f-CPA-99)
February 1, 2000 Local Planning Agency Agenda Item ~
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne
Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional
Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and
2) approval the transmittaI of the amendment to the Florida Department of Community
Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to delete the designation of Ives Dairy Road (NE
203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access Highway on
the Future Functional Classification and Number of Lanes Map (Map 2-5) of the
Transportation Element. The inclusion of this designation in the existing Transportation
SITE DATA
OWNERS OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
The City of Aventura
City of Aventura Department of Community
Development
None.
The right-of-way of NE 203 Street from the
Biscayne Boulevard right-of-way on the west to
the right-of-way of NE 30 Avenue on the east
(See Exhibit #1 for Location Map and Exhibit
#2 for Aerial Photo)
Approximately 4.2 acres.
DESCRIPTION/BACKGROUND
On December 15, 1998 the Aventura City Commission approved the City of Aventura
Comprehensive Plan. The Future Functional Classification and Number of Lanes Map
(Map 2-5) of the Comprehensive Plan's Transportation Element designated Ives Dairy
Road (NE 203 Street) from Biscayne Boulevard to NE 30 Avenue as a Limited Access
Highway. (See existing Map 2-5 attached as Exhibit #3) Subsection 334.03(13), Florida
Statutes, defines a "limited access facility" as "a street or highway especially designed
for through traffic, and over, from, or to which owners or occupants of abutting land or
other persons have no right or easement of access, light, air or view by reason of the
fact that their property abuts upon said limited access facility or for any other reason."
This designation was a scrivener's error. Ives Dairy Road at this location is not a State
highway and does not have the necessary design features to permit such a designation.
The Florida Department of Transportation has no plans to assume responsibility for the
roadway, or to improve the roadway east of the present Ives Dairy Road/Biscayne
Boulevard interchange construction project during the 20-year planning horizon of the
Comprehensive Plan. The roadway is anticipated to remain a local collector with four
undivided lanes.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
None
Business and Office
Business and Office and
Medium-High Density Residential
2
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Proper[les to the East:
Proper[les to the West:
Medium-High Density Residential
Business and Office
B2
CF
B2
RMF3
RMF3
U
None
Community Business District, and
Community Facilities District
Community Business District, and
Multi-Family Medium Density
Residential
Multi-Family Medium Density
Residential
Utilities District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Roadway right-of-way
Retail and house of womhip
Residential
Residential
Biscayne Boulevard and FEC Railroad
Access - Not applicable.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The change in designation will
result in no new zoning non-conformities.
Coastal High Hazard Location -The location of this site is not in a designated coastal
high hazard area.
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to delete the designation of Ives Dairy Road (NE 203 Street) from Biscayne
Boulevard to NE 30 Avenue as a Limited Access Highway on the Future Functional
Classification and Number of Lanes Map (Map 2-5) of the Transportation Element; and
2) approval the transmittal of the amendment to the Florida Department of Community
Affairs.
3
Map 2 5: Ci;~y of Aventura
FuLure FuncUonal Classificatic
ac Number of I_anes 2015
LEGEND
SCALE IN FiET
50O
EXHIBIT #2 '=~
01f-CPA-99
Road
Map 2~5: City of Aventura
Future Functional Classification
& Number of Lanes - 20!5
tEG£ND
I-- I
ORDINANCE NO.
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 2{)3 STREET FROM BISCAYNE BOULEVARD TO NE
29TM AVENUE BY DELETING ITS CLASSIFICATION AS A
LIMITED ACCESS HIGHWAY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Functional Classification and Number of Lanes Map of the
Plan designated NE 203 Street from Biscayne Boulevard to NE 29m Avenue as a Limited
Access Highway; and
WHEREAS, this designation was a scriveneCs error; and
VVHEREAS, the City Commission wishes to amend the Future Functional
Classification and Number of Lanes Map for NE 203 Street from Biscayne Boulevard to NE
29m Avenue by deleting its classification as a limited access highway; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards; and
WHEREAS, the City Commission finds that this amendment is otherwise consistent
with the goals, objectives and policies of the Plan of the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Ordinance No.
Page 2
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible, it is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Comprehensive Plan. The Future Functional
Classification and Number of Lanes Map for NE 203 Street from Biscayne Boulevard to NE
29~ Avenue is hereby amended by deleting its classification as a limited access highway.
Section 3. Severebility. 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 Ordinanca shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
2
Ordinance No.
Page 3
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1~t day of February, 2000.
PASSED AND ADOPTED on second reading this __ day of
,2000.
ARTHUR I, SNYDER, MAYOR
3
Ordinance No.
Page 4
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ATTORNEY
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City C om mission ...,~"~.~
Eric M, Soroka~.6'ity.~'a~ger/ ,
Brenda Kelley, Co~velopment Directo~
January 14, 2000
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to change the land use
designation of the Turnberry Resort and Country Club site from Parks and
Recreation to Business and Office. (01g-CPA-99) (Regular Amendment)
February 1, 2000 Local Planning Agency Agenda Item ~ ~-~
February 1, 2000 City Commission Meeting Agenda Item ~"~'"~
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of the Turnberry Resor[ and Country
Club site from Parks and Recreation to Business and Office; and 2) approve the
transmittal of the amendment to the Florida Department of Community Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to change the land use designation of the Turnberry
Resort and Country Club site from Parks and Recreation to Business and Office to bring
the site's current zoning classification of B2 (Community Business District) into
conformity with the Comprehensive Plan.
SITE DATA
OWNER OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
DESCRIPTION/BACKGROUND
Turnberry Isle Resort and Club
City of Aventura Department of Community
Development
Aventura 10th Addition, Tract B10, Plat Book
136 Page 92; and, Aventura 10th Addition,
Tract U, Plat Book 99 Page20.
19999 West Country Club Drive (See Exhibit
#1 for Location Map)
15.44 acres
On December 15, 1998 the Aventura City Commission approved the City of Aventura
Comprehensive Plan. The Future Land Use Map of the Comprehensive Plan
designated the Turnberry Golf Course Parks and recreation, in conformance with
existing Miami-Dade County plan designation. On July 13, 1999 the City Commission
approved the City of Aventura Land Development Regulations (LDRs), The adopted
zoning map contained in the LDRs designated a zoning of ROS (Recreation Open
Space) for the golf course and B2 (Community Business District). After the adoption of
the LDRs City Staff determined that the resort's B2 zoning designation was not
consistent with the Recreation and Open Space plan designation. Because the B2
zoning designation is consistent with the site's present use, Staff recommended that the
City change the plan designation to Business and Office to bring the Comprehensive
Plan and LDRs into conformity,
2
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Parks and Recreation
Parks and Recreation
Parks and Recreation
Parks and Recreation
Business and Office
Zoning
Subject Property: B2
Properties to the North: ROS
Properties to the South: ROS
Properties to the East: ROS
Properties to the West: B2
Community Business District
Recreation Open Space
Recreation Open Space
Recreation Open Space
Community Business District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Hotel, resort and country club
Golf course
Golf course
Golf course
Retail and Office
Access - Access to the site is from West Country Club Drive. Access will not be
affected by the amendment.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The change in designation will
result in no new zoning non-conformities,
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area,
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to change the land use designation of the Turnberry Resort and Country
Club site from Parks and Recreation to Business and Office; and 2) approve the
transmittal of the amendment to the Florida Department of Community Affairs.
3
Hospital
Center
LUB DR,
CLUB DR.
SITE
of Aventura
/
LEGEND
__p ...... CiW gounOa~
*ee~ ~1~ ~ ........ Ztp Code BoundaW
...* ' ~ 01g-CPA-99........... Railroad
(Regular Amendment)
EXHIBIT #2
-CPA-99
(Regular Amendment)
ORDINANCE NO.
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.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compriance the City of Aventura Comprehensive Plan (the "Plan') in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Parks and Recreation, consistent with the existing Miami-Dade County
Comprehensive Plan; and
WHEREAS, the City Commission adopted the City's Land Development Regulations
(the "LDRs") in July 1999; and
WHEREAS, in the process of developing the LDRs, it was determined that the
zoning was inconsistent with the land use designation on the properties; and
WHEREAS, the City Commission believes it is in the best interest of the public
to amend the future land use map designation on the subject properties from Parks and
Recreation to Business and Office; and
WHEREAS, the Plan amendment will not resL~lt in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Ptan; and
Ordinance No.
Page 2
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desi.qnation. The future
land use map designation of the property legally described as:
Aventura 10th Addition, Tract B10, Plat Book 136 Page 92; and,
Aventura 10th Addition, Tract U, Plat Book 99 Page 20
a/k/a
Turnberry Isle Resort and Country Club
19999 West Country Club Drive
is changed from Parks and Recreation to Business and Office.
Section 3. Severebility, 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
2
Ordinance No.
Page 3
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur L Snyder
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Hoizberg
Commissioner Jeffrey M Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
3
Ordinance No.
Page 4
PASSED AND ADOPTED on first reading this Ia day of February, 2000.
PASSED AND ADOPTED on second reading this __ day of
,2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A~I-ORN EY
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENTDEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City C°mmissi°n .~I
Eric M. Soroka, ~"~rI
Brenda Kelley, Com~elopment
January 14, 2000
DirectorL~
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to designate NE 213 Street
from Biscayne Boulevard to NE 34 Avenue as a Local Urban Collector
road on the Future Functional Classification and Number of Lanes Map
(Map 2-5) of the Transportation Element. (01h-CPA-99).
February 1, 2000 Local Planning Agency Agenda Item
February 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Avenue as a
Local Urban Collector on the Future Functional Classification and Number of Lanes
Map (Map 2-5) of the Transportation Element; and 2) approve the transmittal of the
amendment to the Florida Department of Community Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to designate NE 213 Street from Biscayne
Boulevard to NE 34 Avenue as a Local Urban Collector road on the Future Functional
Classification and Number of Lanes Map (Map 2-5) of the Transportation Element. The
roadway had not yet been built at the time the Comprehensive Plan was adopted and its
specific configuration had not been finalized. The roadway has since been completed.
Its configuration and function are best described by the Local Urban Collector functional
classification.
SITE DATA
OWNERS OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
LOCATION OF PROPERTY
SIZE OF PROPERTY
City of Aventura
City of Aventura
Development
Not applicable
Existing NE 213 Street
Boulevard to NE 34 Avenue.
Not applicable
Department of Community
from Biscayne
DESCRIPTION/BACKGROUND
On December 15, 1998 the Aventura City Commission approved the City of Aventura
Comprehensive Plan. At the time, this segment of NE 213 Street had not yet been built.
Because the roadway's configuration was not finalized, it was not possible to determine
if it should be classified as Local Urban Collector or Urban Collector. The construction of
the roadway has recently been completed, Its configuration and function are best
described by the Comprehensive Plan's Local Urban Collector functional classification.
The two roadways that intersect the new NE 213 Street at its east end, NE 34 Avenue
and Yacht Club Drive, are also Local Urban Collector roads. Designation as a Local
Urban Collector will require new developments along the road to locate driveways and
install buffer areas and supporting infrastructure of a design more compatible with the
transportation function of collector roads than that required in the City's Land
Development Regulations for local streets.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Proper[les to the East:
Properties to the West:
Business and Office;
Medium Density Residential; and
Medium High Density Residential
Business and Office; and
Medium Density Residential
Business and Office;
Medium High Density Residential; and
Parks and Recreation
Medium Density Residential
Business and Office
2
Zoning
Subject Property: B2
RS2
CNS
Properties to the North: B2
RS2
Properties to the South: B2
RS2
CNS
Properties to the East: RMF3
Properties to the West: MO
Community Business District; and
Residential Single Family District; and
Conservation District
Community Business District; and
Residential Single Family District
Community Business District
Residential Single Family District; and
Conservation District
Multi-Family Medium Density
Residential District
Medical Office District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Road right-of-way
Vacant
Commercial, residential and conservation
Residential
Biscayne Boulevard and vacant
Access - Not applicable.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards.
Conformity to City Land Development Regulations - The change in designation will
result in no new zoning non-conformities.
Coastal High Hazard Location - The location of this site is not in a designated coastal
high hazard area.
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to designate NE 213 Street from Biscayne Boulevard to NE 34 Street as a
future 4-lane Divided Local Urban Collector on the Future Functional Classification and
Number of Lanes Map (Map 2-5) of the Comprehensive Plan's Transportation Element;
and 2) approve the transmittal of the amendment to the Florida Department of
Community Affairs.
3
Maf) 2 5:
Future
& Number of Lanes 2015
LEGEND
~illllilJllllllllllllllll
.,-'11111111 IIIILI IIIII11111 III III Ii
ORDINANCE NO.
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.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, NE 213 Street from Biscayne Boulevard to NE 34"~ Avenue had not yet
been built at the time the Plan was adopted and its specific configuration had not been
finalized; and
WHEREAS, the roadway has since been completed and its configuration and
function are best described by the Local Urban Collector functional classification; and
WHEREAS, the City Commission wishes to amend the Future Functional
Classification and Number of Lanes Map by designating NE 213 Street from Biscayne
Boulevard to NE 34~h Avenue as a Local Urban Collector; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards; and
WHEREAS, the City Commission finds that this amendment is otherwise consistent
with the goals, objectives and policies of the Plan of the City of Aventura.
Ordinance No.
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses ara compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City,
Section 2. Amendment of Comprehensive Plan. The Future Functional
Classification and Number of Lanes Map is amended to add NE 213 Street from Biscayne
Boulevard to NE 34~ Avenue and to designate this roadway as a Local Urban Collector.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
Ordinance No.
Page 3
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1~t day of February, 2000.
PASSED AND ADOPTED on second reading this __ day of
,2000.
ARTHUR I. SNYDER, MAYOR
3
Ordinance No,
Page 4
A%I-EST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CiTY ATTORNEY
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka,~c~"e
Brenda Kelley, Comn~
January 14, 2000
;velopment Di rec'~e~'~,
Petition of City of Aventura Community Development Department to
approve a Comprehensive Plan amendment to add six new policies
(Policies 1.11 through 1.16) to Objective One of the Intergovernmental
Coordination Element and to transmit the amendment to the Florida
Department of Community Affairs. (01j-CPA-99)
February 1, 2000 Local Planning Agency Agenda Item
February 1, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve: 1) a Comprehensive Plan
amendment to add six new policies (Policies 1.11 through 1.16) to Objective One of the
intergovernmental Coordination Element; and 2) approve the transmittal of the
amendment to the Florida Department of Community Affairs.
THE REQUEST
The Applicant, the City of Aventura Community Development Department, is requesting
a Comprehensive Plan amendment to add six new policies to Objective One of the
Intergovernmental Coordination Element as follows:
Policy 1.11
The City shall establish ioint planninq areas in coordination with Miami-Dade County
and adjacent municipalities prior to initiatinq the process of annexinq new land into the
City or chanclinq Aventura's municipal boundaries.
Policy 1.12
The City shall coordinate the siting of municipal facilities of countywide significance
(including those facilities typically considered to be locally unwanted land uses) with
Miami-Dade County, adjacent municipalities, and other relevant federal, state and local
governmental agencies.
Policy 1.13
The City shall provide notice of Comprehensive Plan amendments, zoninq changes,
variances to the City's Land Development Regulations, special exceptions or other land
use approvals requiring a public hearinq to owners of record of real property and
adjacent local governments in a manner consistent with the requirements of the City's
Land Development Regulations without regard to municipal boundaries.
Policy 1.14
The City shall continue to identify those zoning districts in its Land Development
Regulations in which public schools are an allowed use, and shall add, delete or modify
zoning districts in a manner as to promote the compatibility of public schools across the
broadest possible spectrum of zoning classifications.
Policy 1.15
The City shall encouraqe the establishment of new public schoois within its boundaries
by promotinq the dedication of land and infrastructure by developers of residential and
non-residential land, and will actively consult with the Miami-Dade County School
District durinq the process of dedication to maximize the benefits of dedication to the
school district while minimizinq costs to the developer.
Policy 1.16
The City shall enter into cooperative a,qreements with adjacent jurisdictions and the
providers of urban services within the City where such arrangements are aqreeable to
both parties and beneficial to the equitable and efficient delivery of services.
SITE DATA
OWNERS OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
Not applicable
City of Aventura
Development
Not applicable
Department of Community
2
LOCATION OF PROPERTY Not applicable
SIZE OF PROPERTY
Not applicable
DESCRIPTION/BACKGROUND
The 1994 Florida Legislature added several new provisions relating to the
Intergovernmental Coordination Element (ICE) of local comprehensive plans to Section
163.3177, Florida Statutes. Local governments are required to include these new
requirements into their plans. The subjects of these requirements include provisions for
joint planning prior to incorporations or annexations; public school siting and location
planning; siting of facilities of countyhwide significance; and the need for local
governments to provide notice of impending land use changes to nearby landowners
regardless of whether they are located in a different jurisdiction.
Local jurisdictions are required to comply with these requirements by December 31,
1999, The Florida Department of Community Affairs (DCA) issued a Notice to Find in
Compliance the City of Aventura's new Comprehensive Plan on February 15, 1999, well
after the new regulations were incorporated into state statutes. As a result, staff is of the
opinion that the current City of Aventura Comprehensive Plan is currently in compliance.
However, DCA has requested that the City voluntarily amend its Comprehensive Plan to
include language it believes is beneficial. After review of DCA request, City staff agreed
to add six new policies to Objective One of the Intergovernmental Coordination
Element.
ANALYSIS
Future Land Use Designation - All proposed policies will be effective citywide. No
specific parceIs of land are involved.
Zoning - All proposed policies will be effective citywide, No specific parcels of land are
involved.
Existing Land Use - All proposed policies will be effective citywide. No specific parcels
of land are involved.
Access - Not applicable.
Conformity to City Comprehensive Plan - The amendment is consistent with the
City's Comprehensive Plan. The amendment will not result in impacts on any
infrastructure system that will exceed established Level of Service standards,
3
Conformity to City Land Development Regulations - The change in designation will
result in no new zoning non-conformities,
Coastal High Hazard Location - Not applicable.
RECOMMENDATION
It is recommended that the City Commission: 1) approve a Comprehensive Plan
amendment to add six new policies to Objective One of the Intergovernmental
Coordination Element; and 2) approve the transmittal of the amendment to the Florida
Department of Community Affairs.
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN BY
ADDING SlX (6) NEW POLICIES (POLICIES 'I.1'1
THROUGH 1.'16) TO OBJECTIVE ONE OF THE
INTERGOVERNMENTAL COORDINATION ELEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs ("DCA") of the State of Florida
found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February
1999; and
WHEREAS, DCA has requested that the City voluntarily amend its Plan to include
language it believes beneficial to inten2,ovemmental coordination; and
WHEREAS, after review of the DCA request, the City Commission agrees to add six
new policies to Objective One of the Intergovernmental Coordination Element; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards; and
WHEREAS, the City Commission finds that this amendment is otherwise consistent
w~th the goals, objectives and policies of the Plan of the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
Ordinance No.
Page 2
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section2. Amendment of Comprehensive Plan. The Intergovernmental
Coordination Element of the Plan is hereby amended by adding the following six (6)
policies to Objective One:
Policy 1.11
The City shall establish joint planning areas in coordination with Miami-Dade County
and adiacent municipalities prior to initiating the process of annexing new land into the
City or changing Aventura's municipal boundaries.
Policy 1.12
The City shall coordinate the siting of municipal facilities of countywide siqnificence
(including those facilities typically considered to be locally unwanted land uses) with
Miami-Dade County, adiacent municipalities, and other relevant federal, state and local
governmental egencies.
Policy 1.13
The City shall provide notice of Comprehensive Plan amendments, zoning changes,
variances to the City's Land Development Re.qulations, special exceptions or other land
use approvals requiring a public hearing to owners of record of real property and
adjacent local governments in a manner consistent with the requirements of the City's
Land Development Requlations without regard to municipal boundaries.
Policy 1.14
The City shall continue to identify those zoning districts in its Land Development
Regulations in which public schools are an allowed use, and shall add, delete or modify
zoninq districts in a manner as to promote the compatibility of public schools across the
broadest possible spectrum of zoning classifications.
2
Ordinance No.
Page 3
Policy 1.15
The City shall encouraqe the establishment of new public schools within its boundaries
by promoting the dedication of land and infrastructure by developers of residential and
non-residential land, and will actively consult with the Miami-Dade County School
District durin¢l the process of dedication to maximize the benefits of dedication to the
school district while minimizinq costs to the developer.
Policy 1.16
The City shall enter into cooperative aqreements with adiacent iurisdictions and the
providers of urban services within the City where such arranqements are a.qreeable to
both parties and beneficial to the equitable and efficient delivery of services.
Section 3. SeverabilitT. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 5. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
3
Ordinance No.
Page 4
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1~t day of February, 2000.
PASSED AND ADOPTED on second reading this __ day of
,2000.
ARTHURI. SNYDER, MAYOR
4
Ordinance No.
Page 5
A~q'EST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A~I-ORN EY
5
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~"/,~
Eric M. Soroka, C~,~/1,an~6~
November 30, 199_9 '~
Proposed Telecommunications Ordinance
Ist Reading January 4, 2000 City Commission Meeting Agenda Item ~' ~
2nd Reading February 1, 2000 City Commission Meeting Agenda Item c//~
Attached please find the Proposed Telecopmunications Ordinance prepared by
Leibowitz & Associates, P.A. and as discussed at the November 1999 Workshop
Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0824-99
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA,
PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR MUNICIPAL OWNERSHIP OF A
TELECOMMUNICATIONS SYSTEM; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
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
WltEREAS, 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 nondiscriminato~ manner when exercising the authority to
grant franchises to Telecommunications Companies; and
WHEREAS, it is the intention of the City Commission to reeogmze 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 access of Teleeommunieations Service Providers and their oceupancy of the Public Rights-
Of-Way; and
WHEREAS, these policies are in complete accord with both the letter and the spirit of the
Coramunieations Act of 1934, as amended; and
WHEREAS, the enactment of the Talecommunieations 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 nondiserlminatory basis in granting telecommtmieations franchises
for use of the City's Public Rights-Of-Way; and
WHEREAS, it is the intent of tho 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. Title.
This Ordinance shall be known and may be cited as the City of Aventura
Telecommunications Ordinance.
Section 2. 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 franchise
agreement that might be granted hereunder shall be given the meaning set forth in the
Communications Act of 1934, 47 U. SC. § 151 et seq., and as that Act may hereinat~er be
mended (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. "Affiliate" means any person which directly or indirectly owns or controls any
part of a Franchisee, any person which a Franchisee directly or indirectly, in whole or in part,
owns or controls, or any person under common ownership or control with a Franchisee.
B. "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.
3
C. "Franchise" means the permission granted by the City to a Franchisee in a
Franchise Agreement to construct, maintain, operate and use Telecommunications Facil/fies in
the Public Rights-Of-Way within the Franchise Area. The term does not include any license or
permit that may be required by this Ordinance or other laws, ordinances or regulations of the
City for the privilege of transacting and carrying on a business within the City or for disturbing
or carrying out any work in the Public Rights-Of-Way.
D. "Franchise Agreement" means a contract entered into in accordance with the
provisions of this Ordinance between the City and a Franchisee that sets forth the terms and
conditions under which the Franchise will be exercised.
E "Franchisee" means any person granted a franchise pursuant to this Ordinance
who has entered into a Franchise Agreement with the City.
F. "Grantor" shall mean the City of Aventura.
G. "Gross Receipts" shall mean all cash, credits or property of any kind or nature
without deductions, reported as revenue items to the Franchisee's audited income statements
arising from, or attributable to the sale, lease, rental, barter or exchange of Telecommunications
Service and equipment by Franchisee within the Franchise Area ~-: ........... '~'~"~ frz. rn.. the
4
H. "Law" means any local, State or Federal legislative, judicial or administrative
order, eartifieat¢, 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. SC. § 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, pales, tariffs, guidelines and regulations issued by the
Federal Communications Commission or the governing State authority pursuant thereto.
I. "Person" means any individual, anrporation, partnership, association, joim
venture, organization or legal eatity of any kind, and any lawful trustee, successor, assignee,
transferee, or personal representative thereof, but shall not mean the City.
J. "P$C" means the Florida Public Service Commission.
K. "Public Rights-Of-Way" means the surface, the airspace above the surface and
the asea 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, easemem, public place, or any other
proparty in which the City holds any kind of property imerast or over which the City exercises
any type of lawful control. "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
stmcturas or improvements, regardless of whether they are situated in the Public Rights-Of-Way.
L. "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 fiat-rated basic area services; (2) recurring optional extended area
5
revenues derived from the provision of optional emended 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 derived
from charges for access to local exchange facilities by other Telecommunications Service
Providem, ineluding but not limited to revenues from the sale of local services for resale
and revenues from the lease of unbundled network elements, except as provided herein; and
(5) other local service revenues from the provision of seconda~ 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 Franchisee 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 carders 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
cheek charges, and non~reourring 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 telephone or telecommuhientions services; or
specialized mobile radio, or pagers or paging service, or related ancillary services; (6) public
6
telephone charges collected on site; (7) teletypewriter or computer exchange services as defined
in Section 203.012(6), Florida Statutes; or (8) loeai message rated (message, unit or time basis)
and minutes of use charges in excess of the minimum fiat-rated charges for similar services
M. "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.
N. "Telecommunications Service" shall include, without limitation, local service,
toll selwice 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 fi.om the City.
O. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined heroin, through the use of a Teiecommunications
Facility.
P. "Telecommunications Facilities", "Facilities" or "Systems" means cables,
conduits, converters, splice boxes, cabinets, handholds, manholes, vaults, equipment, drains,
surface location markers, appurtenances, and related facilities located, to be located, used, or to
be used, by the telecommuhications provider in the Public Rights-Of-Way of the City and used
or use0al for the transmission of Telecommunications Services.
Section 3. Grant of Franchise.
A. Unless otherwise authorized by applicable law, it shall be unlawful for any person
7
to construct, maintain or operate a Telecommunications System or Facility upon, along, under
and over the Public Rights-Of-Way without having obtained permission in the form of a
Franchise from the City Commission pursuant to this Ordinance or other such Ordinance of the
City as may be applicable.
B. Application for a Franchise. In order to obtain an initial or renewal franchise, a
Telecommuhications Service Provider must apply for a franchise. The application must contain
the following information, and such information as the City may from time to time require.
(1) Identity of the applicant; the names of the person or persons
authorized to act on behalf of the applicant with respect to the application, and the Franchise
when granted; the persons who exercise working control over the applicant;
(~) For purposes of determining the fee structure applicable to the Applicant under Section
337.401, Florida Statutes, and this c.r.~:.~ce Ordinance, a description of the services that are to
be provided over the Facility.
......... ~ ........ ~ ........ ~ .................... ~..~ ..... ~ ....... , available..^1-~.,~., ~f
8
i~o~tion r~ed by the Ci~ has b~n provided, the application sh~l be promptly reviewS,
~d sh~l be ~ted ff ....... ~
(2)(1) The applicant enters into a ~c~se ~e~t with the City, under w~ch app~c~t
agr~ to comply with the Ci~'s reasonable regulations of its Public ~ghts-of-Way, as set fo~h
ia this Ordnance, including but not ]i~ted to the f~s for use of~o~ .-~ ........ ~. Pubh¢
~; ...... ~ ............... r-; ........ ; ............ r ......... ~2) The applicant
compli~ with the insurance and secudW requi~ments he.of prior to ~e effectiveness of
· e Fr~c~se ~ment.
9
D. Upon execution and City adoption of a Franchise Agreement, a
Telecommunications Service Provider is granted a non-exclusive Franchise solely to install,
construct, and maintair~ an~ c~zr=te Telecommunications Facilities necessary for the provision
of Telecommunications Service upon, along, under, and over the Public Rights-Of-Way of the
City. For any other use of the Telecommunications Facility, a Telecommunications Service
Provider must obtain authorization from the City, unless the City is expressly prohibited by
applicable ~ Law from requiring such authorization.
E. Any Franchise Agreement executed pursuant to this Ordinance will incorporate
by reference all the terms and conditions of this Ordinance. A Franchise granted hereunder shall
not be construed to convey title, equitable or legal, in the Rights-Of-Way of the City. The grant
of rights under a franchise is only the personal right to occupy the Public Rights-Of-Way for the
purposes and for the period stated therein.
F. Failure to comply with this Section shall constitute a material violation of the
Ordinance and shall subject the tC-r-a~q~dsee Telecommunications Service Provider to the
remedies as set forth in Section 15 hereof.
The Grantor may grant a non-exclusive Franchise for a period not to exceed ten (10)
Section 5. Franchise Fee Payments.
10
A. In consideration for the rights, privileges and permission granted herein, a
Teieeommunications Company subject to a franchise granted hereunder shall pay to the City
annually a sum equal to one percent (1%) of G-ross Receipts of the Franchisee on Recurring
Local Service Revenues for services provided within the enrporate limits of the City. Included
within such one percent (1%) maximum fee or consideration are ali taxes, licenses, fees, in-ldnd
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
parings, and similar improvements, and occupetional license taxes levied or imposed by the City
upon a Franchisee. In the event that applicable law currently permits or is amended to permit the
City to collect a Franchise fee higher than 1%, or permits the City to calculate the Franchise fee
on revenues not specified herein, the Franchisee agrees to automatically increase its Franchise
fee payments to the City to that higher amount on the effective date of such law. In the event
applicable law is amended to reqire the City to collect a Franchise 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 shall be made to the City quarterly or as may
otherwise be set forth in a Franchise Agreement, with such payments made within thirty (30)
days following the end of each calendar quarter. Payments received at~er the 31~ day shall be
subject to interest and late charges of I ~A°/~ per month.
B. In the event a Telecommunications Company 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 Franchisee shall
pay to the City annually no less than five hundred dollars ($500) per linear mile of any cable,
11
fiber optic, or other pathway that makes physical use of the municipal 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 o~
(1) Costs dh'ectiy related to the inconvenience or impairment solely caused by
the disturbance of the municipal Rights-Of-Way;
(2) The reasonable cost of the regulatory activity of the municipality; 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.
C In the event a person provides Telecommunications Services other than as defined
in Section 203.0t2(3) or (7), Florida Statutes, as a condition for granting permission to occupy or
use the Public Rights-Of-Way of the City, the Franchisee shall pay to the City annually no less
than five percent (5%) of gross revenues of the Franchisee for services provided within the
corporate limits of the City unless otherwise prohibited by law, in which case, Franchisee shall
pay the maximum fee allowed by law. For purposes of this Subsection, "gross revenues" shall
mean all cash credits or property of any kind or nature without deductions, reported as revenue
items to the Franehisae's audited income statemems, arising from, or attributable to the sale,
rental, lease, barter or exchange of Telecommunications Services and equipment by Franchisee
12
within the Franchise Area or in any way derived from the operation of its Telecommunications
Facility including, but not limited to, any interconnaction between the Franchisee's Facility or
System and any system whatsoever. This minimum annual Franchise Fee is in addition to any
other application fees, renewal fees, la'ansfer fees, and any State, county or City taxes or
assessments. The franchise fee specified herein is the minimum fair market value for the grant
of a franchise for use of the Public Rights-Of-Way, including all public easements, and other
entitlements to use, occupy or traverse public property, for the purpose of operating a
Telecommunications Facility.
D. Unless otherwise prohibited by Federal or State law, if Franchisee makes
payments to annther jurisdiction in Florida at a higher rate or on a broader base of gross receipts
during the term(s) of agreement entered into with the City, the Franchisee agrees to pay to the
City such higher amount, effective on the date Franchisee makes such payments to another
jurisdiction.
E.
Except to the extent prohibited by applicable law: (a) The franchise fee payments
to be made pursuant to this Section shall not be deemed to be in the nature of a tax; (b) Such
franchise fee payments shall be in addition to any and all taxes of a general applicability and not
applicable solely to Telecommunications Services within the City or other fees or charges which
a Franchisee shall be required to pay to the City or to any State or Federal agency or authority,
as required herein or by law, all of which shall be separate and distinct obligations of a
Franchisee unless prohibited by applicable Federal, State or local law; (c) a Franchisee shall not
have or make any claim for any deduction or other credit of all or any part of the amount of said
franchise fee payments from or against any of said City taxes or other fees or charges of general
13
applicability which a Franchisee is required to pay to the City, except as required by law; and (d)
The franchise fee specified herein is the minimum fair market value for the grant of a franchise
for use of the Public Rights-Of-Way, including all public easements, for the purpose of operating
a Telecommunications Facility,
F E cept p ohibited by ppliceble la · ~.~:.: ..... ~-~ ~c ........ .~
fee;, a Franchisee shall reimburse the City for all reasonable costs including, but not limited to,
consultant costs, attorney's fees, accounting fees, and engineering fees related to the grant,
modification, transfer, or renewal of any Franchise granted hereunder. Therefore, upon
submission of a request for the grant of a Franchise Agreement or the renewal of a Franchise
Agreement, Grantee shall make a non-refundable payment to the City in the amount of ten
thousand dollars ($10,000). The Franchisee shall pay the actual cost of these enumerated fees
which exceed ten thousand dollars ($10,000) dc!latz upon invoice by the City. The purpose of
this filing fee is to defray the City's costs reasonably incurred in processing the rcquc:t.
application for a Franchise, and shall be applied consistent with Section 337.401(3) and (S),
Florida Statutes.
Section 6. Review and Inspection of Books and Records.
A. The City may, at its option, upon ten (10) days notice to the Franchisee, but in no
event more omen than once per year, examine the records and accounting files, and such other
books and records, if such records relate to the calculation of Franchisee fee payments or any
other paymems due to the City ~ under the terms of a Franchise.
The examination of such books, accounts, records or other materials necessary for dcterminafion
of compliance with the terms, provisions, and requirements of a Franchise shall be during regular
14
hours of business of the Franchisee at an office of the Franchisee located wkhin 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 Franchisee in excess of 2%, Franchisee shall pay all reasonable costs, fees and expanses of
the audit.
B. No later than June 30th of each year, a Franchisee shall provide the City an annual
report conceming the previous calendar year that includes at minimum the following:
(1) A financial statement for the Franchise Area, including a statement of
income, and a statement of sources of revenues. The statement shall be audited if Franchisee has
audited statements performed in its normal course of business. If not, the statement shall be
certified by the Franchisee's chief financial officer or other duly authorized financial officer of
the Franchisee. The statement shall include notes that specify all significant accounting policies
and practices upon which it is based. A summary shall be provided comparing the current year
with the previous two (2) years of the Franchise. This requirement shall not apply to
Telecommunications Service Providers making payments to the City under Section 5(B) or {D)
hereof.
15
C. Upon reasonable request, a Franchisee shall provide the following documents to
the City as received or filed, without regard to whether the documents are filed by the Franchisee
or an Affiliate:
Any ....... v ........................ v ....... ~..ny ,Mtiliat e
~//'x .A~,j ..... .,,,.'~ a!! pleadings, petitions, applications, communications, reports and
doc nts(cc~ ~2 c!3 ,,m:_~,,x _.~._:++~,~ ~. .... ~^u~w ~ ,u~ ~.~-~u:~
----~m: ....... ..~j , and responses thereto, which may dir.tly impa~ the Freckle's cpcrat~on of
· ~ e.~-~; ..... ~ ........ ;~.~ e ..... ;..k~ ~; ...... ~ ...... : ..... th City's fi~ts
or obligations und~ this Ordinate or the Free,se Agreement issu~ pursuit to this
16
e~z.:t ~ ..........~ d.. ~t!: a.~ct v. b .... F.~.~.~2~,.'~ ~P~,-t,v,,o :n *.hz. Ctty.
~2) ~y request for proteaion under b~ptcy laws, or ~y judgm~t related to a
decimation of b~ptcy.
D. No~s~d~g ~hng to the contr~, the Free, see agrees to pro,de the
City, M~n t~y (30) days of fili~ or ~pt of suc~ ~y doc~t ~at may adversely impact
the ~s~ation, ~nstm~o~~v-----~--:~- or m~t~ce of the Fr~chsee .... s Fac 1 t es or use of
Fadlifies.
~ In ad~tion, the City may, at its option, ~d upon reasonable notice to the ~r~c~s~, ~spe~
the Freckle's Faciafies wi~ the Public ~gh~-of-Way or the Facilities ~at the Fr~c~see
uses .......... j within the Public R gh~-of-Way, to ensure the s~e~ of its residents.
~ F. The City ~ce: tz sh~l keep ~y doc~tion, books ~d records of the
Free, see co~denti~ to the extent required under Hofida Statutes.
S~fion 7. Unde~mund lnst~ation; Rel~ation.
A. Consi~ent M~ applicable law, a Fr~chsee may ~st~l Tel~o~mcations
Fac~ties ~ove ~ound in ~eas where e~a~g utihty facilities ~e above ~ound ~d s~l ~s~l
Tel~ufficafions Facilities und~ground in ~s wh~e e~s~g utility facilities ~e or will
17
be installed underground.
B. Every Telecommunications Service Provider which places or constructs
telecommunications facilities underground shall maintain appropriate participation in the
regional notification center for subsurface installations. A ~_~*.: .... ~.~. .... a.~ ...... f-~r tI.~
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 Franchisee or its agent, he removed or relocated by such Franchisee at its own expense
except as explicitly provided under .~pS.~r.~lz law Section 337.403, Florida Statutes. The City
Manager; may waive or extend the time within which a Franchisee shall remove or relocate a
Telecommunications Facility, for good cause shown~
D. Whenever an order of the City requires such removal or change in the location of
any Telecommunications Facility fi.om the Public Rights-of-Way, and the Franchisee falls to
remove or change the same at its own expense to conform to the order within the time stated in
the notice, the City shall proceed to cause the Telecommunications Facility to be removed The
expense thereby incurred shall be paid out of any money available therefor, and such expense
shall he charged against the owner of the Telecommunications Facility and levied and collected
and paid to the City.
E. 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
18
chief agent, shed be given notice of such removal or relocation and except as provided under
applicable law, 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 appear before the City Commission to contest the reasonableness of the order. 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 tight 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 discretion may
determine to be necessary, appropriate or useful in response to any public health or safety
emergency. If circumstances permit, the municipality shall at, erupt to notify the Franchisee, if
known, prior to cutting or removing a Facility and shall notify the Franchisee, if known, after
cutting or removing a Facility.
H. Upon abandonn~ent of a Facility within the Public Rights-Of-Way of the City, the
Franchisee shall notify the City within ninety (90) days. Following receipt of such notice the City
may direct the Franchisee 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 welfare. In the event that
the City does not direct the removal of the abandoned Facility by the Franchisee, the Franchisee,
by its notice of abandonment to the City, shall be deemed to consent to the alteration or removal
of alt or any portion of the Facility by another utility or person.
19
Section 8. Use of Rights-Of-Way.
A. Franchisee agrees at all times to comply with and abide by att applicable
provisions of the State statutes; and local laws including, but not limited to, applicable zoning
regulations not inconsistent wi~h State and Feder~J laws.
B. No .wr~,n Franchisee shall construct any Facility on, over, above, along, upon.
Righ f-Way whi h (I)
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 2-233 of the City Code and Section 510 of the Land ]Development
Regulations of the City, except as otherwise provided in this Ordinance. In ease oftha 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 RightswOf-Way.
C. As part of any permit application, the Franchisee shall provide a proposal
for construction of the Telecommunications Facility that sets forth at least the following:
(1} The location of proposed Facility and Facility design, including a
deseriptinn of the miles of plant to be installed in the Public Rights-of-Way, where it is to
be located, and the size of Facilities and equipment that will be located in, on, over, or
above the Public Rights-Of-Way.
20
(2) A description of the manner in which the System will be installed in
the Public Rights-of-Way, the time required to construct the System, and the expected
effect on Rights-of-Way usage, including information on the ability of the Public Rights-Of-
Way to accommodate the proposed Facilities, if available. Also, if appropriate given the
System proposed, an estimate of the availability of space in existing conduits and an
estimate of the cost of any necessary rearrangement of existing Facilities shall be included.
Such plan shah include the timetable for construction for each phase of the project, and the
areas of the City which wig be affected.
(3) In the case of a Telecommunications Service Provider converting its
Facilities in the Public Rights-of-Way and seeking a new Franchise to offer other services, a
description, where appropriate, of how services will be converted from existing Facilities
to new Facilities, and what will be done with existing Facilities.
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, and require such modifications to the System proposed to be installed in the Public
Rights-of-Way as may be necessary in the exercise of the City's authority to manage its
Public Rights-of-way. This section does not authorize the City to exercise authority it does
not otherwise have under applicable law.
E ~. All of Franchisee's Facilities shall be installed, located and maintained so as not to
tmreasonably interfere with the use of the Public Rights-Of-Way by the traveling public and to
cause minimum interference with the tights and convenience of property owners who adjoin any
of the Public Rights-Of-Way. The City may issue such roles and regulations concerning the
installation and maintenance of a Telecommunications Facility in the Public Rights-Of-Way, as
21
may be consistent with the applicable Law.
G F. All safety practices required by applicable Law or accepted industry practices end
stendards sliall be used during construction, maintenance, and repair of the Telecommunications
Facilities.
D G. In the event that at any time during the term of the rights grunted herein the City
shall lawfully elect to alter, or chenge the grade of, any Public Rights-Of-Way, a
Telecommunications Service Provider, upon reasonable notice by the City, shall make any
necessary removals, relaying end relocations of its Telecommunications Facilities at its own
expense, in accordence with applicable law.
r~ It. Frenchisee shall obtain any end all required permits and pay any end all required
fees before commencing uny construction on or otherwise disturbing uny Public Rights-Of-Way
property to as good a condition as existed prior to Franchisee's commencement of work. If such
restoration is not performed in a reasonable end satisfactory manner within thirty (30) calendar
days after the completion of construction, the City may, after prior written notice to Franchisee,
cause the repairs to be made at Franchisee's expense. A permit bom the City authorizes a
Frenchisee to undertake only certain activities in accordance with this Ordinance on City the
Public Rights-of-Way, end does not create a property right or grant authority to impinge upon
the rights of others who may have au interest in the Public Rights-Of-Way.
22
G L Franchisee shall not place its facilities so as to interfere unreasonably with any other
person lawfully using the Public Rights-Of-Way serving the residents of the City.
franchisee shall provide to the City a complete set of"as-built" plans within sixty (60) days
after completion of any construction in the Public Rights-of-Way.
Section 9. Written Acceptance by the Franchisee.
A Franchisee shall, within ten (lO) days prior to the effective date ora Franchise, provide
an executed acknowledgment of the binding effect of the terms and conditions of this Ordinance
and the Franchise to the City Manager in the form designated by the City. Such acknowledgment
shall be executed by a duly authorized officer of Franchisee and shall represent the Franchise
Agreement between the Franchisee end the City of Aventura.
Section 10. Compliance with Other Laws; Police Power.
Section 11. Transfer of Control; Sale or Assignment.
23
A. Except in the case of a pro forma transfer as described in 0~B) below, the
Franchisee shall not sell, assign, or otherwise transfer any portion of its Facilities to another, nor
transfer any rights pursuant to a Franchise Agreement to another without the prior written
approval of the City Commission , which shall not be unreasonably withheld or denied.
R.equcgt: Applications for transfer shall be filed in the office of the City Manager and shall
include: 1) a statement that the Assignee or the Transferee has accepted this Ordinance and will
operate pursuant to a Franchise Agreement and agrees to be bound by each and every one of the
terms and provisions thereof, 2) proof that the Assignee or Transferee has met the insurance and
indemnification requirements of this Ordinance and any Franchise agreemem; and 3) proof that
the Assignee or Transfexee has complied with all Federal and State laws with regard to the
transfer of a Certificate of Public Convenience and Necessity. If the rights granted herein are
transferred or assigned by the Franchisee to any third party incident to a transfer, sale or
assignment of the Franchisee's Facilities, the a-~,~,~,o.v.~ ...... ~. -~.e~.~^"~:~ transferee or assignee
shall be obligated to comply with all of the terms and conditions of this Ordinance and any
applicable Franchise Agreement.
B. An application for approval of a pro forma Trr~'::fcr transfer of a Franchise shall
be considered granted on the thirty-first (31a) calendar day following the filing of such
application with the City unless, prior to that date, the City notifies the Franchisee to the
contrary. An application for approval of a pro forma Tran:fe:: transfer of a Franchise shall
clearly identify the application as such, describe the proposed transaction, and explain why the
Applicant believes the Tr~zfer transfer is pro forma. A transfer shall be considered "pro
forma' if it involves a Trz:::fer transfer to a Person, group of Persons or business entity wholly
owned o~ by, controlled by or affiliated with the Franchisee and shall not result in a change in
24
the control or ownership of the Franchisee or Franchisee's system.
C. When considering an application for transfer of a Franchise, in addition to those
determinations sM forth in Section 3, the City must also determine that:
(1) there will be no adverse effect on the City's interest in the
Franchise;
(2) transferee agrees to be bound by all the conditions of the
Franchise, and to assume all the obligations of its predecessor; and
(3) any outstanding compliance and compensation issues are resolved or
preserved to the satisfaction of the City.
D, Notwithstanding anything in this Ordinance, pledges in trust or mortgages or
other hypothecations of the assets oftha Franchisee to secure the construction operation or repair
of its Telecommunications Facilities may be made without the City's prior eonseut hereunder,
except that no such pledge, mortgage or other hypothecation may be made if such arrangement
would in any way prevent the Franchisee or its successor from complying with the terms of a
Franchise granted hereunder, or with this Ordinance or any provision of the City Code. Any
mortgage, pledge, lease or other encumbrance of the Telecommunications Facilities shall be
subject and subordinate to the rights oftha City in this Ordinance or other applicable law.
E. Requests for approval of a proposed transfer, sale or assignment shall be
accompanied by a payment of .~, ...... five thousand dollars ($5,000,00) to cover the City's
administrative costs in processing the application for transfer, sale or assignment of the
Franchise, which shall be applied consistent with Sections 337.401(3) and (5), Florida
Statutes.
Section 12. Insurance; Surety; Indemnification.
25
A. A Franchisee shall maintain, and by its acceptance of the Franchise specSfically
agrees that it will maintain throughout the entire term of the Franchise including any renewals
thereof, the following liability insurance coverage insuring the Franchisee and naming the City
as an additional insured; worker's compensation and employer liability insurance to me~ al/
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 Franchisee's business in the City, in the minimum amounts off
(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 injuE~ 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-I in Best's Key Rating Guide,
Propetty/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.
C. A Franchisee 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, Franchisee 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 theranf has been given
26
to the City. A Franchisee shall not cancel any required insurance policy without submission of
proof that the Franchisee has obtained alternative insurance satisfactory to the City which
complies with this Ordinance. A Franchisee may self-insure all or a portion of the insurance
coverage and limit requirements required by this Section. A Franchisee that self-insures is not
required, to the extent of such self-inserance, to comply with the requirement for the naming of
additional insereds under this Section. A Franchisee 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 Franchisee is a
"private self insurer" under the Workers Compensation Act. For purposes of this Section, "self-
insure" shall also include a Franchisee which insures through a "captive hisuref' as defined in
Section 628.901, Florida Statutes.
A Franchisee 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 antion, 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, the conduct of Franchisee's
business in the City, or in any way arising out of the Franchisee's enjoyment or exercise of a
Franchise granted hereunder, regardless of whether the act or omission complained of is
authorized, allowed or prohibited by this Ordinance or a Franchise agreement, provided,
however, that Franehisee'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 Franchisee
granted a renewal ora Franchise on or after the effective date of this Ordinance shall indemnify
27
end 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,
howevec~ that Franchisee's obligation hereunder shall uot 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 eny such claim, suit or proceedings; and
claims arising out of copyright infringements or a failure by the Frenchisee to secure consents
from the owners, authorized distributors, or providers of telecommunications services, and
claims against the Franchisee for invasion of the right or 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 eny person, firm, or corporation. City agrees to notify
Frenchisee, in writing, within ten (10) days 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 13. Security Fund.
A, A Franchise agreement may provide that, prior to the Franchise becoming
effective, the Frenchisee shall post with the City a security fund~ Such fired may be in the form
of a cash deposit, letter of credit, co~oorate guarantee, indemnity bond or surety bond as
dctermined by the City Manager hi his/her sole discretion. The security fund will be used to
ensure the Franchisee's faithful performance of end compliance with all provisions of this
Ordinance, the Frenchise agreement, and other applicable law, and enmpl/ence with all orders,
permits and directions of the City, and the payment by the Frenchisee of any claims, liens, fees,
28
or taxes due the City which arise by reason of the constmetion, operation or maintenance of the
system. The amount of the security fund shall be no less than Twenty-five Thousand Dollars
($25,000.00), which is the minimum amount that the City determines is necessary to protect the
public, to provide adequate incentive to the Franchisee to comply with this Ordinance and the
Franchise agreement, and to enable the City to effectively enfome compliance therewith. The
amount of the security fund may be modified in a Franchise Agreement in the City's sole
discretion, based on factors including but not limited to, written recommendations from other
local franchising authorities that regulate the Franchisee and the Franchisee's compliance and/or
noncompliance with the regulations promulgated by other franchising authorities. The Franchise
A~,reement skal! may provide for the procedures to be followed with respect to the security fund.
Neither the posting of the cash deposit or filing of an indemnity bond or any form of surety bond
with the City, nor the receipt of any damages recovered by the City thereunder, shall be
construed to excuse faithful performance by the Franchisee or limit the liability of the Franchisee
under the terms of its Franchise for damages, either to the full amount of the bond or otherwise.
B. Notwithstanding any of the above, the City, upon thirty (30) days advance written
notice dearly stating the mason for, and its intention to exercise withdrawal rights under this
Subsection, may withdraw an amount from the Security Fund, provided that the Franchisee has
not reimbursed the City for such amount within the thirty (30) days notice period. Withdrawals
may be made if the Franchisee:
O)
(2)
(3)
Fails to make any payment required to he made by the Franchisee
hereunder;
Fails to pay any liens relating to the facilities that are due and unpaid;
Fails to reimburse the City for any damages, claims, costs or expenses
29
which the City has been compelled to pay or incur by reason of any action or non-performance
by the Franchisee; or
(4) Fails to comply with any provision of this Ordinance or Franchise
Agreement, whinh failure the City determines can be remedied by an expenditure of an amount
from the Security Fund.
C. Within thirty (30) days afl, er receipt of written notice from the City that any
amount has been withdrawn from the Security Fund, the Franchisee shall restore the Security
Fund to the amount specified in this Seetion~
D. The fights reserved to the City with respect to the security fund or an indemnity
bond are in addition to all other rights of the City, whether reserved by this Ordinance or
authorized by other law or the Franchise agreement, and no action, proceeding or exercise of a
right with respect to such security fund or indemnity bond will affect any other right the City
may have.
Section 14. Construction Bond.
the Public Rights-of-Way, a Franchisee shall establish in the City's favor a construction bond in
an amount specified in ~ an engineering permit or other authorization
as necessas3, to ensure the Franchisee's faithful performance of the construction, upgradc, rcbui!d
er c,t~ wurk or other work in the Public Rights-of-Way, in accordance with Section $10 of
the Land Development Regulations of the City. The amount of the eonstmetion bond shall be
........................ ~e~ ........., as set forth in the en neering permit, and may be
modified in the City Manager's sole discretion, based on the,..~,~..~, ........ ~.~ ~'~"^,-~ cost of the
3O
construction to take place in the Public Rights-Of-Way, end eny previous history of the
Franchisee concerning construction within the Public Rights-of-Way of the City.
B. In the event a Frenchisee subject to such a construction bond fails to complete the
work in a safe, timely end competent manner in accord with the provisions of the Franc~2s¢
?~rc. cment engineering permit, there shall be recoverable, jointly end severally from the
principal and surety of the bond, eny damages or loss suffered by the City as a result, including
thc full amount of any compensation, indemnification or cost of removal or abendonment of any
property of the Frenchisee, or the cost of completing the work, plus a reasonable allowance for
attorneys' fees, up to the fu amount of the bond.
............... ~ .............. J ~v~,-J ........C. No less then six (6) months after the
completion of the construction of the Telecommunications Facility end 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 Bast's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the
City Attorney; end shall provide that:
*'This bond may not be canceled, or allowed to lapse, until sixty
(60) days after reee'ipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
31
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, the Franchise Agreement, or at law or equity.
G. 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 Franchisee A4greemem, 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 15. Enforcement Remedies.
32
G. In addition to any other remedies available at law or equity or provided in this Ordinance
or in any Franchise A~leement, the City may apply any one or combination of the following
remedies in the event a Franchisee violates this Ordinance, its Franchise Agreement, applicable
State or Federal law, or applicable local law or order:
(1) Franchisee's failure to comply with the provisions of this Ordinance, a
Franchise Agreement, or law applicable to users and/or oeenpants of the Public Rights-Of-
Way, shall result in imposition of penalties to be paid by the Franchisee to the City in an
amount of not less than One llundrrd Dollars ($100.00) per day or part thereof that the
violation continues.
(2) Franchisee's failure to comply with Sections 3A, D 3(A) and/or
herein shall result in imposition of liquidated damage.: penalties to be paid by the Franchisee to
the City in an amount of not less than One Thousand Dollars ($1,000.00) per day or part thereof
that the violation continues.
(2)(3) Revoke the fi'anchise pursuant to the procedures specified in Section
16 heree£
(~){4) 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
Franchisee written notice of the violation and its intention to assess such penalties, which
33
notice shah contain a description of the alleged violation. Following receipt of such notice,
Franchisee shah have thirty (30~ days to cure the violation and the City shall make good
faith reasonable efforts to assist the Franchisee in resolving the violation. If the violation is
not cured within that thirty (30) day period, the City may collect all fines owed, beg~ning
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 t~. In determining which remedy or remedies ere appropriate, the City shall take into
consideration the nature of the violation, the person or persons beating the impact of tho
violation, the nature nfthe remedy required in order to prevent further violations, and such other
matters as the City determines ere appropriate to the public interest.
E D. Failure of the City to enforce any requirements of a Franchise Agreement or this
Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent
violations of thc same type or to seek appropriate enforcement remedies.
t? E In any proceeding where;tn there exists an issue with respect to a Franchisee's
performance of its obligations pursuant to this Ordinance. the Franchisee has, throughout any
such proceedings and appeals thereof, the burden of proving that said Franchisee is in
compliance with the terms of this Ordinance. The City Comnfission may find a Franchisee that
does not demonstrate compliance with the terms and conditions of this Or(ftnance in default and
apply any one or combination of the remedies otherwise authorized by this Ordinance.
Section 16. Revocation or Termination of Franchise.
A. A Franchise may be revoked by the City Commission for Franchisee's failure to
install, construct, zperatc or maintain the Telecommunications System or Fa(flity as reqfflred by
this Ordinance or the Franchise Agreement, or for any other material violation of this Ordinance
34
or material breach of the Franchise Agreement or material violation of Federal, State, or local
law. To invoke the provisions of this sub:cci[an A Subsection (A), the City shall give the
Franchisee written notice, by certified mail at the last Irnc;;~ address, address, set forth in the
Franchise Agreement that Franchisee is in material violation of this Ordinance or material
breach of the Franchise Agreement and describe the nature of the alleged violation or breach
with specificity. If within thirty (30) calendar days following receipt of such written notice from
the City to the Franchisee, the Franchisee bas not cured such violation or breach, or has not
commenced corrective action and such corrective action has not been actively and expeditiously
pursued, the City may give written notice to the Franchisee of its intent to revoke the Franchise,
stating its reasons.
B. Prior to revoking a Franchise under :::b:ealcr, A Subsection (A) hereof, the City
Commission shall hold a public hearing, upon thirty (30) daya' calendar days notice, at which
time the Franchisee and the public shall be given an opportunity to be heard. Following the
public hearing the City Commission may determine whether to revoke the Franchise based on
evidence presented at the hearing, and other evidence of record. If the City Commission
determines to revoke a Franchise it shall issue a written decision setting forth the reasons for its
decisions. A copy of such decision shall be transmitted to the Franchisee.
C. Notwithstanding :::~:ce~,~n: A Subsections (A) and }/~(B) hereof, any Franchise
may, at the option of the City following a public hearing before the City Commission, be
revoked 120 calendar days after an assignment for the benefit of creditors or the appointment of
a receiver or trustee to take over the business of the Franchisee, whether a receivership,
reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding
unless within that 120 day period: (1) such assignment, receivership, or trusteeship bas been
35
vacated; or (2) such assignee, receiver, or trustee has fully complied with the terms and
conditions of this Ordinance and Franchise Agreement and has executed an agreement, approved
by a court of com-petent jurisdiction, to be bound by the terms and conditions of this Ordinance
and the Franchise Agreement.
D. In the event of foreclosure or other judicial sale of any of the facilities, equipment,
or property of a Franchisee, the City may revoke the Franchise, following a public hearing before
the City Commission, by serving notice upon the Franchisee or the sueeessful bidder at the sale,
in which event the Franchise and all rights and privileges of the Franchisee will be revoked and
will terminate thh'ty (30) calendar days agter serving such notice, unless the successful bidder has
obtained the necessary certificates, and other authorizations pursuant to applicable State, Federal
and local laws, and: (1) the City has approved the transfer of the Franchise to the successful
bidder; or (2) the successful bidder has covenanted and agreed with the City to nssme and be
bound by the terms and conditions of the Franchise Agreemem and this Ordinance.
E. if the City revokes the Franchise, or for uny other reason a Franchisee abandons,
termfuates or fails to c, peratc or maintain its facilities for a period of six (6) months following
Franchisee's decertification as a Telecommunications Company by the PSC, if applicable, the
following procedures and rights are effective: (1) the City may require the former Franchisee to
remove its facilities and equipment at the former Franchisee's expense; if the former Franchisee
fails to do so within a reasonable period of time, the City may have the removal done at the
former Franchisee's and/or surety's expense; (2) the City, by resolution of the City Commission,
may acquire ownership or effect the transfer of the Telecommunications Facility or System
subject to the limitations set forth in Section 18 herein and in any Franchise Agreement; or (3) if
a Telecommunications System is abandoned by a Franchisee the City may sell, assign, or transfer
36
all or part of the assets of the System subject to the limitations set forth in Section 18 herein or in
any Franchise Agrecmem. Nothing herein shall be construed to limit the City's right to petition
the PSC for appropriate relief in the case of a Telecommunications Company which abandons,
terminates or fails to operate or maintain a Facility within the Franchise Area for a period of
twenty-four (24) months.
F. No adverse action against the Franchisee may be taken by the City, pursuant to
this Section, without notice and a public hearing at which the Franchisee is given an opportunity
to participate.
Section 17. Renewal of Franchise.
A. Upon receipt of the renewal application within sixty (60) days of prior to the
expiration of an existing Franchise, the City shall publish notice of its receipt and make copies
available to the public. The City, following prior public notice, may hold one or more public
heatings on the renewal application.
B. The City Commission shall consider the renewal application at a public hearing at
which the City Commission will either (1) pass a resolution agreeing to renew the Franchise,
subject to negotiation of a Franchise A~'eement satisfactory to the City and a Franchisee; or (2)
pass a resolution that makes an assessmem that the Franchise shall not be renewed.
C. The City reserves the right to consider any and all violations of Federal, State, and
local law and any and all pending violations of this Ordinance or of a Franchise granted pursuant
to such Ordinance in determining whether or not to grant the renewal ora Franchise.
D. The City shall grant a renewal application upon a finding that:
(1) The City and the Franchisee shall agree on the terms of the Franchise
Agreement before such renewal becomes effective.
37
(2) Any outstanding compliance and compensation issues are resolved or
preserved to the satisfaction of the City.
If a renewal of a Franchise is lawfully denied, the City may acquire ownership of
the Telecommunications System or Facility, or effect the transfer of the ownership of the System
or Facility, or effect the transfer to another person upon approval of the City Commission subject
to the limitations set forth in Section 18 herein and in any Franchise Agreement. The City may
not acquire ownership of the System or Facility, or approve a transfer during an appeal of a
denial for renewal.
F. If a renewal of a Franchise is lawfully denied and no appeal to a court is pending,
and the City does not purchase the Telecommunications System or Facility, or effect the transfer
of the Telecommtmications System or Facility to another person, the City may require the former
Franchisee to remove its Facilities and equipment at the former Franchisee's expense. If the
former Franchisee fails to do so within a reasonable period of time, the City may have the
removal done at the former Franchisee's or surety's expense~
Saction 18. Municipal Ownership of Teleeomrannieations Facility.
A. Upon the revocation of the Franchise, or termination thereof where a Franchisee
has not given timely written notice to the City that it will seek renewal of the Franchise pursuant
to Section 17 hereof, the City shall have the right and privilege, at its option, to purchase the
Telecommunications Facility hereby authorized, or other property used under or in connection
with a Franchise granted hereunder, or such part of such property as the City may desire to
purchase at a valuation oftha property real and personal desired, which valuation shall represent
the fair market value.
B. A Franchise Agreement may provide that an entity other than the City has the first
38
option to pumhase or to receive in a transfer agreement the Telecommunications Facility in the
event that a Franchise is terminated, revoked, not renewed or transferred. Any such entity
granted a first option to purchase or receive the Telecommunications System or Facility must
agree in wriring on or before the effective date of the purchase or transfer that it agrees to be
bound by all terms and conditions of this Ordinance and any Franchise granted pursuant to this
Ordinance and ail applicable Federai, State and locai laws. Any such entity granted a first option
to purchase or to receive the Telecommunications Facility must obtain ail necessary franchises,
permits, certificates, licenses and other authorizations required by applicable Federai, State and
locai law prior to purchasing or receiving the Telecommunications Facilities. The first option to
purchase or to receive the Telecommunications Facility shail be null and void if the option
holder does not fidfill all obligations under this Ordinance, a Franchise Agreement, and all laws
applicable to users and occupants of the Public Rights-Of-Way.
Section 19. Force Majeure.
In the event a Franchisee's performance of or compliance with any of the provisions of
this Ordinance or the Franchisee's Franchise Agreement is prevented by a cause or event not
within the Franchisee's control, such inability to perform or comply shall be deemed excused and
no penalties or sanctions shail be imposed as a result thereof, provided, however, that Franchisee
uses ail practicable means to expeditiously cure or correct any such inability to p~'orm or
comply. For proposes of this Ordinance and any Franchise Agreement granted or renewed
hereunder, causes or events not within a Franchisee's control shall include, without limitation,
acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of
public enemies, dots or civil disturbances, sabotage, strikes and restraints imposed by order of a
governmental agency or court. Causes or events within Franchisee's control, and thus not falling
39
within this Section, shall include, without limitation, Franchisee's financial inability to perform
or comply, economic hardship, and misfeasance, malfeasance or nonfeesance by any of
Franchisee's directors, officers, employees, contractors or agents.
Section 20. Repeal of Conflicting Ordinances,
All Ordinances or part of Ordinances, and all resolutions or part of resolutions in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 21. Savings.
All fees, charges and financial obligations previously aecmed pursuant to any Ordinances
and resolutions repealed pursuant to Section 20 above shall continue to be due and owing until
paid.
Section 22. 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.
Section 23. Reservation of Rights.
A. Both the City and the Franchisee reserve and may seek any and all remedies
available at Law. Neither the City nor the Franehisec shall be deemed to have waived any rights
or remedies at Law by virtue of accepting a Franchise Agreement pursuant to this Ordinance.
The City reserves the fight to emend this Ordinance as it shall find necessary in
the lawful exercise of its police powers.
C. This Ordinance shall be applicable to all telecommunications Franchises
granted, renewed or transferred on or after the effective date of this Ordinance, and shah
apply to all telecommunications Franchises or other authorizations granted prior to the
effective date of this Ordinance, to the full extent permitted by State and Federal Law. A
Telecommunications Service Provider subject to a prior existing Franchise or other
authorization to use the Public Rights-of-Way shall comply with applicable provisions of
this Ordinance within ninety (90} days of the effective date hereof. Any additional
regulations adopted by the City that are applicebte to an entity erc~!.~g installing, constructing,
or maintainingv. ...... vrv.~.,e':~ .~--~.v~c~:~:*:~ Facilities in the Public Rights-Of of-Way shall be
incorporated into this Ordinance and complied with by all Frane[fisees wit[fin thirty (30) days of
the date of adoption of such additional regulations unless imposition of such regulations would
be otherwise prohibited by applicable Law.
Section 24. Effective Date.
This Ordinance shall bo effective immediately upon second reading and final adoption
this day of ~ a~a
The foregoing Ordinance was offered by Commissioner _, who moved its
adoption on first reading. The motion was seconded by Commissioner ., and upon
being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Hmry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
41
The foregoing Ordinance was offered by Commissioner
on second reading. The motion was soeonded by Commissioner
vote, the vote was a~ follows:
Commissioner Jay R_ Besldn
Commissioner Ken Cohen
Commissioner Ilany Holzberg
Commissioner Jeffxey M Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
., wlm moved its adoption
, and upon being put to a
PASSED AND ADOPI ~ on first reading this 4th day of Janua~, 2000.
PASSED AND ADOP~D on second reading this 14 day of February, 2000.
ATTEST:
ARTHUR I, SNYDER, MAYOR
TERESA M, SOROICA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUHqCIENCY:
CITY ATTORNEY
42
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission .~./~,
Formosan Termites Damage Prevention Ordinance
1st Reading January 4, 2000 City Commission Meeting Agenda Item ~
2nd Reading February 1, 2000 City Commission Meeting Agenda Item ~.~
As discussed at the November Workshop Meeting, attached is an Ordinance that
addresses inspection and reporting requirements relating to Formosan termites. This
Ordinance has been amended to reflect the revisions discussed at the meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0830-99
ORDINANCE NO. 2000-._
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 30 "ENVIRONMENT"
BY CREATING ARTICLE V "TERMITE DAMAGE
PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABIMTY; PROVIDING
FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission finds that termites, including Formosan
termites, have the potential to cause great damage to property; and
WHEREAS, the City Commission finds that the land development regulations
provided by this Ordinance will serve to mitigate the potential for damage to be inflicted
by termites, including Formosan termites; and
WHEREAS, the City Commission finds that this Ordinance is consistent with the
Comprehensive Plan of the City of Aventura.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Chapter 30 "Environment" by creating Article V "Termite Damage Prevention"
consisting of Section 30-180 "Termites; Development of Land; Annual Inspection" to
read as follows:
Section 30-180. Termites; Development of Land; Annual
Inspection.
(a) Upon commencement of residential or commercial
development upon any vacant parcel of land in the
City, the owner of such parcel shall cause the
property to be treated for the prevention of termite
damage (including Formosan termites) and shall
Ordinance No. 2000-__
Page 2
provide a certification of treatment to the Building
Official of the City, on a form provided by City, prior to
the issuance of a certificate of occupancy by the City's
Building Official. The certification of treatment shall
specifically identify the treatment system which was
applied.
(b)
Commencing from and after January 1, 2000, each
residentially developed building in the City and each
commercially developed building in the City consisting
of more than 10,000 square feet of floor area shall be
required to have an annual inspection of the building
for termite activity or damage (include activity or
damage from Formosan termites). The owner of such
building shall be responsible for providing for the
inspection by a State licensed pest control
professional. In the case of cooperative buildings, the
cooperative owners association shall be the party
responsible for providing for such inspection. In the
case of condominiums, the condominium association
shall be the party responsible for providing for such
inspection. As to buildings for which it has the
authority to provide termite treatment, the
homeowners association shall be jointly responsible
with the owner for providing such inspection. The
annual inspection shall be conducted at any time
between the period of May 1 to July 31 of each year.
Within ten days of completion of the annual inspection
a copy of the report thereof shall be provided by the
responsible party to the City's Community
Development Department on a form provided by City.
(c)
The Community Development Department shall
periodically compile the results of termite inspection
reports furnished to it pursuant to this Section.
Section 2. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
2
Ordinance No. 2000-__
Page 3
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00. Each day that a
violation continues shall be deemed a separate violation. This Ordinance shall also be
subject to enforcement under the Local Government Code Enforcement Act, Chapter 162,
F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may
also be by suit for declaratory, injunctive or other appropriate relief in a court of competent
jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Pathcia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Ordinance No. 2000-_..
Page 4
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M Perlow
Commissioner Patricia Regers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 4th day of January, 2000.
PASSED AND ADOPTED on second reading this 1~ day of February, 2000.
A'I-I'EST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
Eric M. Soroka, City Manager
Ken Cohen, Commissioner
January 27, 2000
Term of Advisory Board Chairpersons
February 1, 2000 City Commission Anenda Item 11
It has come to my attention that the ordinances establishing the two advisory boards in
the City do not provide for a length of term for the chairpersons.
I feel that this was an oversight when the boards were established and I would ~ike for
this matter to be addressed and provide that the chairpersons are elected annually.
Please place this item on the next agenda for consideration by the Commission.
KC/tms
www.herald.com
www.elherald.com
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before thc undersigned authority personally
appeared:
LISA VALDES
who on oath says that he/she is
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues off
Friday, January 21,2000
Page 2lA
Affiant fitrther says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been conthmously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dada County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant fiJrther
says that he has neither paid nor promised any
person, l-mm or corporation any discount, rebate,
comtaission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
Sworn to ~nd subscribed before me this
January 21 ,2000
My Commission
Expires: May 10, 2002
Notary
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING AGENCY
AND NOTICE OF AMENDMENT~OF COMPREHENSIVE PLAN
CITY OF. AVENTURA
NOTiCE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF
AMENDMENT OF COMPREHENSIVE PLAN
CITY OF AVENTURA
MIAMI DALLY BUSINESS REVIEW
Published Daily excepl Saturday, Sunday and
Legal Holidays
Miami, Miami Dada County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE;
Before the undersigned authority personally appeared
Octelma V. Ferbeyrel who on Gath says that she is the
Supervisor, Legal Notices of the Miami Dally Business
Review f/lEa Miami Review~ e daily (except Satarday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-
Dada County, Florida; that the aitached copy ot adve r[Ise-
merit, beieg a Legal Adver;isemenl o1 Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCES
FEBRUARY 1, 2000
i. ,he ............ ~:~.¥.K ..................... cou.,
w ublis in · paper in the issues of
CITY OF AVENTURA
Pt/BUC NOTICE OF PROPOSED ORDI~
NOTICE IS HEREBY GIVEN that on TueSday, the I st day of Febrt~a~,
MIAMI DALLY BUSINESS REVIEW
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCES 2/1/2000
XXXXX
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami in said Miami-
Dada County, Florida, and that the said newspaper has
heretofore ~een continuously published in said Mlam~-Oade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office in Miami hi said Miami-Dada
County, Florida, for a period o1 one ~ar next preceding the
I nor promised
CITY OF AVENTURA
PUBLIC: NOTICE OF PRO[~O~ED
NOTICE IS HEREBY GIVEN that on Tuesday, the 1 st Day of FebmanA
2000, at a meeting of the City Commission of the Ci[y of Aventura, to be
hem at 6:00 p.m. in the Corn~nission Meegng Room at the Biscayne Medi-
cal Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Flori-
da, the City Commission wi[I consider the adoption ol the fallowing Ordi-
nances on second reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, MAINTAINING AND OPERAT-
ING OF A ~ELECOMMUNICATIONS FACILITY IN, ON,
ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER US-
ING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE PROVI-
SION OF TELECOMMUNICATIONS SERVICE; PROVIDING
ASSURANCES THAT THE CITY'S PUBLIC RIGHTS OF WAY
A~E USED IN THE PUBLIC INTEREST; PROVIDING FOR
CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
MUNICIPAL OWNERSHIP OF A TELECOMMUNICATIONS
SYSTEM; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEAL OF ORDIo
NANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
AN ORDiHANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 30 'ENVIRONMENT' BY CREATING
ARTICLE V "TERMITE DAMAGE PREVENTION' CONSISTING
OF SECTION 30-180 'TERMITES; DEVELOPMENT OF LAND;
ANNUAL INSPECTION:' PROVIDING FOR INCLUSION IN
"~I'IE CODE: PROVIDING FOR SEVERABILIT¥ PROVIDING
FOR PENALTY PROVIDING FOR EFFECTIVE DATE
If a pemon deC~s ~o appea any ?eclsion made by he C~y