01-02-2001 CC Meeting Agenda
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City Commission
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
The City of
Aventtlra
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City Clerk
Teresa M. Soroka, CMC/ME
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City Attorney
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
JANUARY 2, 2001. 6 PM
Biscayne Medical Arts Bui]ding
2] 110 Biscayne Boulevard Suite 101
Aventura. Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross,examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. The general public will not be permitted to cross-examine witnesses, but
the public may request the Commission to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to
speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED THROUGH RESOLUTION NO. 99-39 PASSED AND
ADOPTED AUGUST 3, 1999; TO MODIFY THE PARKING
SPACE VARIANCE; TO DELETE THE CONDITIONAL USE
APPROVAL FOR A BANK IN THE MEDICAL OFFICE
DISTRICT; TO MODIFY CONDITION NO.4 OF SECTION 4
REQUIRING 8 PARALLEL PARKING SPACES ON EAST DIXIE
HIGHWAY; TO DELETE CONDITION NO.8 OF SECTION 4
REQUIRING MEDICAL USES NOT TO EXCEED 60% OF THE
TOTAL OFFICE USE IN THE BUILDING, FOR PROPERTY
J8IllI8IY 2,2001 CoolmissiOllMeeling
LOCATED ON THE EAST SIDE OF EAST DIXIE HIGHWAY
BETWEEN NE 206 STREET AND NE 207 STREET, A VENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW ONE
NINE (9) FOOT AND ONE 118 FOOT DRIVEWAY
SEPARATION BETWEEN DRIVEWAYS OF MULTI-FAMILY
RESIDENTIAL PARCELS ON COLLECTOR ROADS WHERE A
DRIVEWAY SEPARATION OF 150 FEET IS REQUIRED IN
EACH INSTANCE FOR PROPERTY LOCATED AT 20185 EAST
COUNTRY CLUB DRIVE, A VENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 98-51 PASSED
AND ADOPTED JUNE 15, 1998; TO MODIFY THE MULTI-
TENANT SIGN GRAPHICS FOR CHAMPION RETAIL PLAZA
AND COURTYARD MARRIOTT HOTEL LOCATED AT THE
EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 191
STREET AND NE 193 STREET, A VENTURA; PROVIDING FOR
AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES: Commission Meeting
Commission Meeting
Commission Workshop
Commission Meeting
November 14,2000
November 28, 2000
November 28, 2000
December 18, 2000
5. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and
are not expected to require discussion or review. Items will be enacted by one motion. If discussion
is desired by any member of the Commission, that item must be removed ITom the Consent Agenda
and considered separately.
A. MOTION TO ADOPT 2001 LEGISLATIVE PROGRAMS AND
PRIORITIES IN ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM DATED NOVEMBER 30, 2000
(Approves Legislative ProgramslPriorities for Year 200 I)
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
2
J8IllI8IY 2, 2001 CoolmissiOll Meeting
MANAGER TO EXECUTE THE A TT ACHED WORK
AUTHORIZATION NO. 00-233-A FOR PROFESSIONAL
DESIGN SERVICES FOR NE 213TH STREET LIGHTING AND
BEAUTIFICATION IMPROVEMENTS BY AND BETWEEN THE
CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES,
P.A.; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization with O'Leary
Design for NE 2 13th Street lighting and beautification improvements)
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA
BEAUTIFICATION ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
(Provides for appointment of members to the Beautification Advisory
Board)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE A TT ACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF SUNNY ISLES BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Mutual Aid Agreement for police
services for City of Sunny Isles Beach)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING A VENTURA
FOURTEENTH ADDITION, BEING A REPLAT OF LOTS 1 TO 8
INCLUSIVE, BLOCK 2 AND A PORTION OF TRACT A-13,
AVENTURA THIRTEENTH ADDITION, PLAT BOOK 146,
PAGE 53, LYING IN THE SW Y. OF SECTION 35, TOWNSHIP 51
SOUTH, RANGE 42 EAST AND THE NW Y. OF SECTION 2,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
(Provides for approval of replat of subject property)
F. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-
13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE
1999/2000 FISCAL YEAR BY REVISING THE 1999/2000 FISCAL
3
l'amlaIy 2, 2001 Commission Meeting
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.
(Cleanup budget amendment for FlY 99/00)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE A TT ACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Mutual Aid Agreement for police
services for Town of Golden Beach)
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 00-10-26-2 BANDSTAND AT
FOUNDERS PARK AT THE BID PRICE OF $306,529 TO BRC
CONSTRUCTION CO., INC; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT
THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID
BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for construction of bandstand/gazebo at Founders Park to
BRC Construction Co.)
I. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2000-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2000/2001 FISCAL YEAR BY REVISING THE 2000/2001 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.
(Budget amendment to re-appropriate capital projects for FlY 2000/01)
4
!8IllI8IY 2, 2001 CoolmissiOIl Meeting
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING CONTRACT FOR RFQ
NO. 00-11-22-2, CHARTER SCHOOL
ASSESSMENTIFEASIBILITY STUDY, TO CHARTER
SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING THE
CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(A wards contract to Charter Schoolhouse Developers, Inc. for charter
elementary school feasibility study)
8. PUBLIC HEARING: ORDINANCES - FIRST READING: None.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF AVENTURA
BY CREATING SECTION 48-20 "PROHIBITION OF RIGHT-
OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS"
OF ARTICLE II "USE OF RIGHT-OF-WAY; PARKING; OTHER
REGULATIONS" OF CHAPTER 48 "VEHICLES; USE OF
RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS;"
PROHIBITING RIGHT-OF-WAY VENDORS AND SOLICITORS
ON CERTAIN STREETS IN THE CITY; CREATING A
DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR
AND SOLICITOR;" PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
PENALTY; PROVIDING FOR EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
APPROVING AN AGREEMENT FOR EXCHANGE OF
PARCELS BETWEEN THE CITY OF AVENTURA AND
CONCORDE CENTRE II ASSOCIATES; AUTHORIZING THE
CITY MANAGER TO FINALIZE AND EXECUTE THE
AGREEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
DISCUSSION REGARDING CHARTER REVISION COMMISSION
MEMBERSHIP
5
1amJaJy 2, 2001 CoolmissiOIl Meeting
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
FEBRUARY 6, 2001
COMMISSION MEETING
6 P.M. **
* Government Center 2999 NE 191" Street Suite 500
** Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 10 I
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura
Beautification Advisory Board and/or Recreation and Cultural Arts Advisory Board may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
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.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 19pt Street, Suite
500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
6
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: December 26, 2000
TO: City Commission
FROM: Eric M. Soroka, City
BY: Brenda Kelley, Co
SUBJECT: Request of Kenneth Marlin for revision to approvals granted through
Resolution No. 99-39. (04-VAR-99, 01-CU-99 and 02-AR-99)
January 2, 2001 City Commission Meeting Agenda Item
~A
RECOMMENDATION
It is recommended that the City Commission:
1. Approve revisions to the approvals granted through Resolution No. 99-39, which
revisions are necessitated by modification to the site plan.
2. Approve, by motion, an extension of the approvals in Resolution No. 99-39 for
an additional six (6) month period from February 3, 2001 to August 3, 2001.
~EQUEST
The applicant, Kenneth Marlin, is requesting modification to the following approvals
granted through Resolution No. 99-39 passed and adopted by the City Commission on
August 3, 1999 (See Exhibit #1 for Letter of Intent, Exhibit #2 for Location Plan, Exhibit
#3 for staff report dated June 30, 1999, Exhibit #4 for Resolution No. 99-39 and Exhibit
#5 for original site plan):
1. A modification to the parking space variance to provide 123 off-street parking
spaces, where 130 off-street parking spaces are required by Section 31-171 (b)(8) of
the City's Land Development Regulations. The original variance approved 112 off-
street parking spaces where 130 spaces were required by Code.
2. Deletion of the Conditional Use approval which allowed two (2) drive-through teller
lanes at a bank on the ground floor of a proposed building.
3. Modification of Condition No. 4 of Section 4 which required eight (8) on-street
parallel parking spaces along East Dixie Highway adjacent to the site, to provide
seven (7) parallel parking spaces.
4. Deletion of Condition NO.8 of Section 4 which required the applicant to prepare and
record a covenant stating that medical office use would not exceed 60% of the total
office use in the building.
5. Approve, by motion, an extension of the approvals in Resolution No. 99-39 for an
additional six (6) month period from February 3, 2001 to August 3, 2001
BACKGROUND
The applicant was granted approval of the variances, conditional use and
abandonment of right of way by Resolution No. 99-39 passed and adopted on August
3, 1999. These approvals were granted to permit the construction of a four-story
professional and medical office building on East Dixie Highway between NE 206 Street
and NE 207 Street. The applicant has now revised the site plan, approval of which
necessitates modification to the previous approvals granted.
The revised site plan includes:
. A change in massing on the ground floor which provides 11 additional on-site
parking spaces
. Deletion of the bank use and drive-through lanes
. A change in the direction of the building envelope
. An additional access on the ground floor
. An increase of 1,136 square feet in building area
. Seven (7) parallel parking spaces on the east side of East Dixie Highway
The revised site plan and a revised landscape plan are currently under review by staff.
The new site plan retains the on-street parking spaces required by Resolution No. 99-
39; being 7 spaces on NE 206 Street and 6 spaces NE 207 Street. Seven on-street
spaces are shown on East Dixie Highway, where Resolution No. 99-39 required 8
spaces. The applicant is also proposing 20 spaces within the FEC Railroad right of
way, which will be shown on a separate site plan and which remains a condition of
approval through Resolution No. 99-39.
Resolution No. 99-39 also provided that the applicant obtain building permits within
twelve (12) months of the date of the Resolution. By motion on July 11, 2000, the City
Commission authorized the extension of the approvals granted for an additional six
months from August 3, 2000 to February 3, 2001. The applicant is requesting a further
six month extension from February 3, 2001 to August 3, 2001 to allow for review and
approval of the revised site plan and issuance of building permits.
2
Section 31-76(g) of the City's Land Development Regulations provides that an
applicant who has obtained approval of a variance may request an extension of time
within the original approval period. The City Commission may grant up to a six (6)
month extension request for good cause shown by the applicant.
CURRENT STATUS OF APPROVALS
The current status of the conditions of Resolution No. 99-39 are detailed in the
following table.
Resolution Condition Current Status
Obtain building permits within Extended to February 3, 2001 by motion
12 months of date of resolution of City Commission on July 11, 2000
Further extension requested to August 3,
2001 due to revision in site plan
Contribute $9,539.00 to City for Impacts Contribution to be offset against
of vacating right of way expenses to be incurred by applicant for
roadworks
Prepare and submit engineering plan for Plan to be submitted for review and
road improvements, and approval
Install road improvements and parking Work to be completed concurrent with
spaces on NE 206, NE 207 Streets and construction of office building
East Dixie Hiahwav
Post a bond of $66,000 to guarantee Bond due prior to issuance of building
completion of road improvements permit
Provide Unity of Title document or replat Draft Unity of Title document provided by
prior to issuance of building permit applicant's attorney
Enter into a lease with Florida East Coast Lease not yet provided
Railway for oarkina in railwav riaht of wav
Prepare covenant allowing not more than Applicant is requesting deletion of this
60% of building for medical office use, to requirement
be recorded prior to issuance of building
oermit
ANALYSIS:
Reauest #1: A modification to the parkina space variance to provide 123 off-
street parkina spaces. where 130 off-street parkina soaces are reauired bv
Section 31-171(b)(8\ of the City's Land Development Reaulations. The oriainal
variance approved 112 off-street parkina spaces where 130 spaces were reauired
bv Code.
The original site plan provided 112 off-street parking spaces, where 130 spaces were
required. The 130 spaces were calculated based on the office, medical and bank uses
3
proposed. Although the square footage of the building has increased from the original
site plan, the amount of parking spaces required remains at 130 spaces. This is due to
the deletion of the high parking demand of the formerly proposed bank use and is now
calculated at 1 space for each 300 feet of gross floor area for medical office use.
The revised site plan includes a change in massing of the ground floor of the building,
which allows for an increase of 11 on-site parking spaces from the original site plan.
The result is a total of 123 on-site parking spaces, leaving a shortfall of 7 spaces,
where the original site plan left a shortfall of 18 spaces. The applicant has also agreed
to construct 7 parallel parking spaces on NE 206 Street, 6 parallel parking spaces on
NE 207 Street, 7 parallel parking spaces on East Dixie Highway and 20 parking spaces
on the FEC Railroad right of way, along with a new sidewalk around the site, curbing,
streetlighting and drainage improvements. Therefore, there are a total of 163 on-site
and off-site parking spaces provided by this development, or 33 more spaces than
required by the Code. The on-street spaces will not be reserved for the use of the new
building exclusively, but will be available to users of adjacent properties. This will help
alleviate existing parking and drainage problems in the area.
Reauest #2: Deletion of the Conditional Use approval which allowed two (2)
drive-throuah teller lanes at a bank on the around floor of a proposed buildina.
The original site plan included a bank use with two drive-through teller lanes. Drive-
through lanes in this zoning district requires conditional use approval. The revised site
plan deletes the bank use and drive-through lanes, therefore, this variance is no longer
required.
Reauest #3: Modification of Condition No.4 of Section 4 which reauired eiaht (8)
on-street parallel parkina spaces alona East Dixie Hiahwav adiacent to the site.
to provide seven (n parallel parkina spaces.
The revised site plan shows seven (7) 10 foot wide by 24 foot wide parallel parking
spaces along East Dixie Highway, adjacent to the site. Resolution No. 99-39 required
as a condition that the applicant install eight (8) spaces in this area. While it is
possible to install the eight (8) spaces, the eighth space would mean loss of proposed
landscaping and a reduction in the sight triangles at the two intersections.
Reauest #4: Deletion of Condition No.8 of Section 4 which reauired the applicant
to prepare and record a covenant statina that medical office use would not
exceed 60% of the total office use in the buildina.
The applicant asserts that his agreement to the 60% medical use restriction was made
without necessary time for reflection and without realizing the demand for medical
space in the building. He requests that this restriction be deleted as a condition of
approval.
4
One of the intents of the restriction on medical uses was due to the parking variance.
Although the square footage of the building has increased from the original site plan,
the bank use has been removed thereby decreasing that use's high parking space
demand.
Reauest #5: ADDrove. bv motion. an extension of the aPDrovals in Resolution No.
99-39 for an additional six (6) month Deriod from February 3. 2001 to Auaust 3.
2001.
Section 31-76 (g) of the City's Land Development Regulations provides that an
applicant who has obtained approval of a variance may request an extension of time
within the original approval period. The City Commission may grant up to a six (6)
month extension request for good cause shown by the applicant. Due to the revision
of the site plan and the modifications to the variance approvals necessitated by that
plan, it will not be possible to obtain a building permit on or before February 3, 2001.
The applicant requests a further six (6) month extension to August 3, 2001.
5
LAW OFFICES
ROSENTHAL
ROSENTHAL
RASCO
A partnership of Professional Associations
EDUARDO I. RASCO
ALAN S. ROSENTHAl.
KERRY E. ROSENTHAL
STACI H. GENET
JESSICA B.IASSMAN
GARY IAN NESBITI
December 12,2000
City of A ventura
Planning and Zoning
2999 N. E. I9Ist Street
Suite 500
A ventura, Florida 33 I 80
CtlMMUNllY DEVELOPMENT
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Re: Marlin Office Building - Aventura Professional Center
Ladies and Gentlemen:
The Applicant previously appeared before the City of Aventura and presented an Application For
Site Plan Approval, et ai, for the development of an office building between N. E. 206'h Street
and N. E. 207'h Street on the east side of Dixie Highway. In connection with that Application,
the City Commission passed Resolution Number: 99-39 dated August 5, 1999. Section 3 of that
Resolution approved two (2) drive-through teller lanes and an escape lane for a bank on the
ground floor of the proposed building. Section 4 of that Resolution set forth several conditions
applicable to the construction of the project. Paragraph 8 under Section 4 of that Resolution
restricted the building to sixty (60%) per cent medical office use. The percentage of medical use
was suggested by the Applicant at the meeting in response to a question from the Commission.
The Applicant's response, however, was made without the necessary time for reflection or
consideration, and without realizing the demand for medical space in the building. In addition,
the original Application requested a parking variance of eighteen (18) off-street spaces, and the
Revised Site Plan submitted requires a variance of only seven (7) off-street spaces.
The Applicant seeks to revise the Site Plan Application and Resolution Number 99-39 as
follows:
I. Delete the conditional use approval for the bank and drive-through in Section 3;
2. Delete the medical use limitation in Section 4, Paragraph 8;
3. Approve the Revised Site Plan.
4. Revise the variance from Section 801.2 of the City's Land Development
Regulations to allow one hundred twenty three (I 23) off-street parking spaces where one
hundred thirty (I 30) off-street parking spaces are required in Section I.
EXHIBIT #1
Turn (04-VAR-99. 01-CU-99. 02-AR-99) 80
City of Aventura
2
December 12, 2000
The Applicant has revised its Site Plan so as to delete the two (2) drive-through teller lanes,
together with the center escape lane, which have been replaced with additional parking spaces.
The net effect of the abandonment of the two (2) teller lanes and the escape lane, together with
the abandonment of the bank use in the building has allowed the Applicant to revise the ground
floor parking. The Revised Site Plan now provides off-street one hundred twenty three (123)
spaces, thereby reducing the difference between the one hundred thirty (130) required spaces and
those provided to seven (7) or 94.6% of the required number of off-street spaces. This is a
substantial change from the original Plan, which provided for one hundred twelve (112) spaces
and left a shortfall of eighteen (18) spaces. The Applicant, in addition, has modified its Site Plan
so as to provide an additional seven (7) parking spaces on the west side of East Dixie Highway,
thereby providing twenty seven (27) on-street spaces along East Dixie Highway, N. E. 2061h
Street, N. E. 2071h Street, together with twenty (20) spaces on the Florida East Coast Railway
right-of-way, a total of forty seven (47) parking spaces. These off-site spaces to be constructed
by Applicant at the Applicant's expense, together with off-street parking spaces, totals one
hundred seventy (170) spaces, and exceeds by forty (40) the one hundred thirty (130) spaces
required for medical office use.
It is respectfully suggested that the off-street parking spaces provided without the bank facility is
within 94.6% of the total required for medical office use, and the deletion of the medical use
restriction in Section 4, Paragraph 8 is a reasonable request, particularly when considering the
forty seven (47) additional on-street parking spaces provided by Applicant on N. E. 2061h Street,
N. E. 207'h Street, East Dixie Highway and the Florida East Coast Railway right-of-way.
It is therefore respectfully requested that this Commission approve the Revised Site Plan and
authorize the following revisions to Resolution Number: 99-39 dated August 5, 1999, to-wit:
I. Delete the conditional use approval for the bank and drive-through in Section 3;
2. Delete the medical use limitation in Section 4, Paragraph 8;
3. Approve the Revised Site Plan.
4. Revise the variance from Section 801.2 of the City's Land Development
Regulations to allow one hundred twenty three (123) off-street parking spaces where one
hundred thirty (130) off-street parking spaces are required in Section 1.
It is further respectfully requested that this Commission grant unto the Applicant a final six (6)
month extension to Resolution Number: 99-39 so as to allow the Applicant to submit
appropriate building plans to the City of A ventura for the construction of this building and the
development of the property. The Applicant has in fact pre-leased a substantial portion of the
building and is prepared to proceed forward with its construction. The construction of the
overpass and the difficulty in providing prospective tenants a comfort level with the site has been
ROSENTHAL ROSENTHAL RASCO A partnership of Professional Associations
Turnberry Plaza, Suite 500,2875 Northeast 191st Street,Aventura, Florida 33180
~()~ q~! n~()() I F:lx: ~()'i():n 1'~ 11 I P~m:lil' buroffict>"@;lnl rom
City of Aventura
3
December 12, 2000
an enormous hardship in leasing this property, as has the contemplated restriction of medical use
to sixty (60%) per cent.
I think it important to note that this building is being constructed in the medical office district
and as such it was an error for the Applicant to have suggested the original limitation of sixty
(60%) per cent. With the construction of the overpass slowly coming to a close, and with it the
realization to prospective tenants that this is a viable project and one which will soon come to
fruition, we believe this project will be an excellent addition to the City's medical presence in the
North Dade community. It is therefore respectfully requested that the City Council grant the
Applicant's request as herein set forth.
BY
S.ROSENTHAL
-' -_..__.__.~.
Respectfully submitted, /....----.,
// J
,,.--// / I
ROSENTHALRO HAL
ASR:cw
ROSENTHAl ROSENTI-lAL RASCO A partnership of Professional Assodations
Thrnberry Plaza, Suite SOD, 2875 Northeast 191st Street,Aventura, Florida 33180
~r.'" "--'"'" Iy::'{\f\ Il:',,~. 2.r\<:: 02"'7 1 :1.11 11:' m,,;l. 1"~"d'r:",~,.Iii1,,,~1 ",,,.-y;
(04-VAR-99, 01-CU-99, 02-AR-99)
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LEGEND
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: June 30, 1999
TO:
FROM:
BY:
SUBJECT: Requests of Kenneth Marlin for: (1) Variance from Section 801.2 of the
City's Land Development RegUlations to allow 111 parking spaces where
130 parking spaces are required; (2) Conditional Use Approval to allow
drive-through bank teller lanes in the MO (Medical Office) zoning district;
and (3) The abandonment of approximately 2,142 square feet of public
alleyway. (04-VAR-99, 01-CU-99 and 02-AR-99).
July 6,1999, City Commission Meeting Agenda Item ') b
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1. Approve the request to allow a variance to permit 111 off-street parking spaces
where 130 off-street parking spaces are required.
2. Approve the request for Conditional Use approval to allow a bank on the ground
floor of the proposed office building to have two drive-through teller lanes, where
banks in the MO, Medical Office District are allowed drive-through facilities only
after public hearing approval.
3. Approve the request to abandon approximately 2,142 square feet of public alleyway
to facilitate construction of a proposed four-story office building.
EXHIBIT #3
(04-VAR-99, 01-CU-99, 02-AR-99)
THE REQUESTS
The applicant, Richard Marlin, is requesting the following (See Exhibit #1 for letter of
intent):
1. A Variance from Section 801.2 of the City's Land Development Regulations to allow
111 off-street parking spaces where 130 off-street parking spaces are required.
2. Conditional Use approval to allow two (2) drive-through teller lanes at a bank on the
ground floor of a proposed building. The City's Land Development Regulations
allow banks in the MO, Medical Office District only after Conditional Use approval.
3. Abandonment of approximately 2,142 square feet of public alleyway platted in Block
8 of the Hallandale Park NO.8 Subdivision.
BACKGROUND
OWNER OF PROPERTY
Milton Greenberg and Cecelia Greenberg;
Bernard Weitzer and Mary Weitzer
NAME OF APPLICANT
Kenneth Marlin
ADDRESS OF PROPERTY
Between NE 206 Street and NE 207 Street
east of East Dixie Highway.
SIZE OF PROPERTY
4.26 Acres
LEGAL DESCRIPTION
Lots 12 through 30, Block 8 of HALLANDALE
PARK NO. 8 according to the plat thereof, as
recorded in Book 20, Page 49 of the public
records of Miami-Dade County, Florida.
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
MO Medical Office District
MO Medical Office District
MO Medical Office District
MO Medical Office District
U Utilities District
Existing Land Use -
Subject property:
Properties to the North:
Mostly vacant, with two single family detached
residential units.
Residential and office
2
Properties to the South:
Properties to the East:
Properties to the West:
Vacant (FDOT water retention area)
Retail use
FEC Railroad
Future Land Use - Business and Office
The Site - The site is located between NE 206 Street and NE 207 Street east of East
Dixie Highway. (See Exhibit #2 for Location Map).
The Project - The applicant proposes to build a four-story office building with 37,698
square feet of gross area. A 2,592 square foot bank with two drive-through teller lanes
will be located on the ground floor along with a 1,700 square feet of office space. The
second floor will contain parking and the third and fourth floors will contain professional
and medical office space.
The expected cost of construction for the development is $3.5 million. The anticipated
increase to the City's tax roll is $7,015.00.
ANALYSIS
Consistency with Comprehensive Master Plan - The requests are not inconsistent
with the City of Aventura Comprehensive Plan.
Citizen Comments - The Community Development Department has received no written
citizen comments.
Community Development Department Analysis - The applicant proposes to develop
a four story office building with 37,698 square feet of space (2,592 square feet of bank
and 35,106 square feet of office space). The development generally conforms to the
Hospital District concept outlined in the City's Comprehensive Plan. Its design, size and
proposed use are consistent with the type of development the City is seeking in this
area. The use of a part of the ground floor for a bank is in keeping with the Hospital
District's purpose of permitting retail and service functions that are accessory to, and
support, medical and professional offices.
Reauest #1: A variance to pennit 111 off-street parkina spaces where 130 off-
street parkina spaces are reauired.
An important component of the Hospital District plan is the improvement of
transportation circulation and encouragement of alternative transportation within the
District. The proximity to Aventura Hospital and other medical offices in the area will
reduce the building's parking demand as compared to a building of equal size in other
locations in the City. For this reason, the applicant's request to allow 19 parking spaces
less than is required by code should not create a nuisance. In addition, the applicant
has agreed to provide sidewalks, secure bicycle and motorcycle parking and to install
3
seven on-street parking spaces along NE 206 Street and six on-street parking spaces
along NE 207 Street adjacent to the site, along with associated curbing, street lighting
and drainage improvements. These spaces will not be reserved for the use of the new
building, but will be available to the users of adjacent properties. This will help alleviate
existing parking and drainage problems, particularly along NE 207 Street, which is in
the process of changing from residential to office land uses.
Reauest #2: Conditional Use Approval to allow a bank on the around floor of the
proposed office buildina to contain two drive-throuah teller lanes. where banks in
the MO. Medical Office district are allowed drive-throuah facilities only after
public hearina approval.
The proposed drive-through teller lanes are located under the building and behind
landscaping, effectively screening them from outside the site, and are located to
prevent interference with pedestrian access to the building. Vehicular access to the
site from Biscayne Boulevard is via NE 207 Street, an existing intersection. Thus, no
additional curb cut access to Biscayne Boulevard is required, preserving traffic capacity
on this major arterial road.
Reauest #3: Abandonment of approximately 2.142 sauare feet of public allevway
previously dedicated in the plat of Hallandale Park No.8 Subdivision.
The land under the proposed office building was originally platted into a number of
small residential lots, all with a six foot alley in the rear. The alleys in this block have
never been used, and abandonment is necessary to create a unified parcel for the
proposed four-story office building. The applicant has volunteered to contribute an
estimated market cost of $4.47 per square foot ($9,574.74) to the City for this land to
offset the impacts of the vacation. These funds will be credited towards the installation
of the off-street parking spaces and associated curbing, sidewalk, lighting, landscaping
and drainage improvements in the public right-of-way.
Criteria
The guidelines for approval of variances as required by Section 506.5 of the City's
Land Development Regulation states:
506.5 Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
506.5.1 The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property
involved would result in a particular hardship upon the owner, as
4
distinguished from a mere convenience, if the regulations were carried
out literally.
506.5.2 The conditions upon which the request for a variance is based are
unique to the parcel and would not be generally applicable to other
property within the vicinity.
506.5.3 The alleged difficulty or hardship is not economic and has been
deliberately created to establish a use or structure which is not
otherwise consistent with the LOR.
506.5.4 The granting of the variance will not be detrimental to the public welfare
or injurious to other property or improvements in the vicinity.
506.5.5 The proposed variance will not substantially increase the congestion in
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
vicinity.
The hardship at this location is caused by a number of factors unique to the site and to
the role this development serves as the first large development application made under
the City's Hospital District redevelopment plan. The City has required the applicant to
meet increased standards of design, landscaping and access while building on a site
originally created in the 1920's for single family homes. Also, the City has requested
that the applicant assist in alleviating existing parking and drainage problems caused
by the proximity of an older residential neighborhood on the north side of the site to
newer medical offices built in the last two decades. As a result, the applicant has
incorporated on-street parking into his site plan that will benefit others. This will result
in improved traffic flow, better street drainage, a more attractive streetscape, and safer
pedestrian and bicycle access in the area around the new project.
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1. Approve the request to allow a variance to permit 111 off-street parking spaces
where 130 off-street parking spaces are required.
2. Approve the request for Conditional Use approval to allow a bank on the ground
floor of the proposed office building to have two drive-through teller lanes, where
banks in the MO, Medical Office District are allowed drive-through facilities only
after public hearing approval.
5
3. Approve the request to abandon approximately 2,142 square feet of public alleyway
to facilitate construction of a proposed four-story office building.
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
. "Aventura Professional Office Building: Site Plan", two pages SP-1 and SP-2
prepared by Joseph B. Keller and Associates, dated 3/23/99, revised 6/11/99,
signed and sealed 6/10/99, dated as received 6/10/99.
. "Aventura Professional Office Building: Second Floor Plan", one page AP-2
prepared by Joseph B. Keller and Associates, dated 3/23/99, revised 6/11/99,
signed and sealed 6/10/99, dated as received 6/10/99.
. "Aventura Professional Office Building: Third and Fourth Floor Plan", one page
AP-3 prepared by Joseph B. Keller and Associates, dated 3/23/99, revised
6/11/99, signed and sealed 6/10/99.
. "Aventura Professional Office Building: Roof Plan", one page AP-4 prepared by
Joseph B. Keller and Associates, dated 3/23/99, revised 6/11/99, signed and
sealed 6/10/99.
. "Aventura Professional Office Building: Elevations", one page AP-5 prepared by
Joseph B. Keller and Associates, dated 3/23/99, revised 6/11/99, signed and
sealed 6/10/99.
. "Aventura Professional Office Building: Elevations", one page AP-6 prepared by
Joseph B. Keller and Associates, dated 3/23/99, revised 6/11/99, signed and
sealed 6/10/99.
. "Aventura Professional Office Building: Landscape Site Plan", one page L-1
prepared by Joseph B. Keller and Associates, dated 4/15/99.
. "Aventura Professional Office Building: Water and Sewer Plan", one page WS-1
prepared by AB Engineers, Inc., dated 6/9/99, signed and sealed 6/10/99.
. "Aventura Professional Office Building: Paving and Drainage Plans", one page
PD-1 prepared by AB Engineers, Inc., dated 6/9/99, signed and sealed 6/10/99.
2. Permits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion
of the City Commission.
6
3. The applicant shall contribute $9,574.74 to the City of Aventura to offset the
transportation impacts of vacating 2,142 square feet of alleyway conveyed in the
plat of Hallandale Park No. 8 Subdivision prior to the issuance of building permits.
These funds shall be offset against the expenses applicant incurs in the installation
of the right-of-way improvements specified in Condition 4 below.
4. The applicant shall install the following improvements:
. Seven on-street parallel parking spaces along NE 206 Street and six on-street
parallel parking spaces along NE 207 Street.
. Curbing, gutter pan, stormwater drainage inlets and stormwater mains along NE
206 Street and NE 207 Street adjacent to the site.
. Street lighting along NE 206 Street, NE 207 Street and East Dixie Highway
adjacent to the site.
. Six (6) swale street trees planted at 30-foot centers along East Dixie Highway
adjacent to the site.
The applicant shall prepare an engineering plan detailing the installation of these
improvements in a form acceptable to the City Manager and City Engineer prior to
the issuance of building permits.
5. The applicant shall post a surety bond or other similar instrument acceptable to the
City Manager in the amount of $66,000 prior to the issuance of building permits,
said bond to be returned to the applicant after the completion of the parking,
curbing, lighting and drainage improvements within the public right-of-way specified
in Condition 4.
6. The approvals granted are subject to the adoption of the City's Land Development
Regulations.
7. The applicant shall provide a Unity of Title, in a form to be approved by the City
Attorney and City Manager, or replat the site, prior to issuance of a building permit
for the development.
7
l'\U."---JC.I'l I riAL l \..U.:::>t:.l\1 I MAL !'--f-\:-....L..U
ATTORNEYS AT LAw
TURN BERRY PlAZA. SUITE 500
2875 NORTHEAST 191 ST STREET
A VENTURA. FLORIDA 33180
TELEPHONE30~937~300
FACSIMILE30~937-1311
KEITH R. GAUDIOSO
STACI H. GENET
GARY I. NESBITT
EDUARDO I. RA-.sco
AU.N S. ROSENTHAL
KERRY E. ROSENTHAL
OF COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
April 14, 1999
RECEIVED
APR 1 6 1999
COMMUNITY DEVELOPMENT
City of A ventura
Planning and Zoning
2999 N. E. 191st Street
Suite 500
Aventura, Florida 33180
Re: Marlin Office Building
Ladies and Gentlemen:
The Applicant has entered into a Contract for the purchase of a parcel of land lying immediately
east of East Dixie Highway between N. E. 206th and N. E. 207th Street, in the City of Aventura.
The subject property is immediately north of a triangular parcel of land owned by the State of
Florida, which will be utilized for landscaping and water retainage. The site is well snited for
development as an office building, and is the use proposed by the Applicant. The Applicant is a
developer of shopping centers and office buildings in Miami-Dade County, Florida.
The first level of the proposed building contains a banking facility containing approximately
2,592 square feet, together with approximately 1,700 square feet of office space, with the
remainder of the first level housing the lobby, elevators, restrooms and mechanical facilities. At
ground level within the confines of the building there are provided two drive-through lanes for
bank traffic depositors, with access thereto directly from the building parking lot. Each lane
contains six (6) stacking spaces which exceeds the City's requirement of five (5). The second
level of the building will be reserved for parking; and the third and fourth levels will be reserved
for office use, as hereinafter more fully developed.
The developers have estimated that approximately 15,600 square feet will be utilized for medical
and dental office space, predicated upon the close proximity of the building to the hospital and
other medical facilities. The remainder of the IeaseabIe space of approximately 19,506 square
feet has been designated for business and professional offices. In computing the parking spaces
required for the proposed development it is respectfully submitted that the developers could have
utilized the criteria established for business and professional office space only, together with the
proposed bank facility, whereupon one hundred thirteen (113) parking spaces would have been
EXHIBIT #1
04-VAR-99 01-CU-9g 02-AR-99
......iLj VJ. Jl.."-I.,.ULU.J.<:l
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required, with one hundred eleven (III) provided. As previously set forth however, the
developers have forthrightly contemplated the medical and dental uses set forth and are required
to provide one hundred twenty one (121) spaces in total. They have in fact provided one hundred
eleven (III) spaces, a difference of approximately nine (9%) per cent. It is respectfully
submitted, however, that the twelve (12) spaces provided in the drive-through should be
considered as additional parking in that obviously those cars in these spaces would be otherwise
utilizing the spaces in the parking lot were those stacking spaces not provided. It is further
respectfully submitted that the Site Plan reflects the Applicant proposes to develop seven (7)
parallel parking spaces along N. E. 206th Street, which street the Applicant seeks to
reaccompIish and landscape in conjunction with its development. As a result of 206th Street
terminating just east of the proposed site and not providing access to Biscayne Boulevard it is
believed that these parking spaces, although on property not owned by the Applicant (City
property) would be utilized by building patrons only in that the property to the south is owned by
the State of Florida, and the property to the east is a two-story strip center whose main ingress
and egress is from N. E. 207th Street, which represent its only direct access to U.S. I.
The proposed site development with landscaping exceeding existing and contemplated future
criteria established by the City most certainly represents an excellent addition to the City of
Aventura. It is respectfully submitted that the proposed Site Plan and its development is in
keeping with the City of Aventura's proposed master plan for the development of this area, and
falls within all of the City's existing and proposed guidelines established for development. It is
acknOWledged that there are minimal variances required with respect to this development,
however, it is respectfully submitted that in considering the project as a whole, this Plan is one
that should be unanimously accepted and approved by the Planning and Zoning Board and the
City Council.
Respectfully submitted,
ASR:cw
R~SENT... -RO~. .
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RESOLUTION NO. 99-39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF
VARIANCE FROM SECTION 801.2 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 112 OFF-
STREET PARKING SPACES WHERE 130 OFF-STREET
PARKING SPACES ARE REQUIRED; GRANTING APPROVAL
OF VARIANCE FROM SECTION 704.6.1 OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A PLOT
AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW
TWO (2) DRIVE-THROUGH TELLER LANES AT A BANK ON
THE GROUND FLOOR OF A PROPOSED OFFICE BUILDING;
GRANTING APPROVAL OF THE ABANDONMENT OF
APPROXIMATELY 2,134 SQUARE FEET OF PUBLIC
ALLEYWAY PLATTED IN BLOCK 8 OF THE HALLANDALE
PARK NO.8 SUBDIVISION; FOR PROPERTY LOCATED
BETWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned MO, Medical Office District;
and
WHEREAS, the applicant, Kenneth Marlin, through Applications No. 04-VAR-99,
01-CU-99 and 02-AR-99, is requesting the following:
1. A variance from Section 801.2 of the City's Land Development Regulations to
allow 112 off-street parking spaces where 130 off-street parking spaces are required.
2. A variance from Section 704.6.1 of the City's Land Development Regulations to
allow a plot area of 1.22 acres where 1.5 acres is required.
3. Conditional Use Approval to allow two (2) drive-through teller lanes at a bank on
the ground floor of a proposed building. The City's Land Development Regulations
EXHIBIT #4
(04-VAR-99, 01-CU-99, 02-AR-99)
Resclution No. 99-39
Page 2
allow drive-through teller lanes at banks in the MO, Medical Office District only after
Conditional Use approval.
4. Abandonment of approximately 2,134 square feet of public alleyway platted in
Block 8 of the Hallandale Park NO.8 Subdivision; and
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 04-VAR-99, requesting variance from Section 801.2
of the City's Land Development Regulations to allow 112 off-street parking spaces
where 130 off-street parking spaces are required on property legally described as:
Lots 12 through 30, Block 8 of HALLANDALE PARK NO. 8
according to the plat thereof, as recorded in Book 20, Page 49 of
the public records of Miami-Dade County, Florida AlK1A Between
NE 206 Street and NE 207 Street on the east side of East Dixie
Highway Aventura, Florida
is hereby approved.
Section 2. Application for a variance from Section 704.6.1 of the City's Land
Development Regulations to allow a plot area of 1.22 acres where 1.5 acres is required
is hereby approved.
Resolution No. 99-39
Page 3
Section 3. Application No. 01-CU-99, requesting Conditional Use approval to
allow two (2) drive-through teller lanes at a bank on the ground floor of a proposed
building is hereby approved.
Section 4. Application No. 02-AR-99, requesting abandonment of
approximately 2,134 square feet of public alleyway platted in Block 8 of the Hallandale
Park No. 8 Subdivision is hereby approved, all approvals subject to conditions as
follows:
1. Plans shall substantially comply with those submitted as follows:
. "Aventura Professional Office Building: Site Plan", Sheet SP-1/AP-1, prepared
by Joseph B. Kaller and Associates, revised dated 7/27/99, signed and sealed
7/27/99;
. "Aventura Professional Office Building: Site Details", Sheet SP-2, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Second Floor Plan", Sheet AP-2
prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed and
sealed 7/22/99;
. "Aventura Professional Office Building: Typical 3rd and 4th Floor Plan", Sheet AP-
3, preJ)ared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed
and sealed 7/22/99;
. "Aventura Professional Office Building: Roof Plan", Sheet AP-4, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Elevations", Sheet AP-5, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Elevations", Sheet AP-6, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
. "Aventura Professional Office Building: Landscape Site Plan", Sheet L-1,
prepared by Joseph B. Kaller and Associates, revised dated 7/20/99.
. Resoiution No. 99-39
Page 4
2. The applicant shall obtain building permits within twelve (12) months of the date of
the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission
3. The applicant has agreed to contribute $9,539.00 to the City of Aventura to offset
the transportation impacts of vacating 2,134 square feet of alleyway conveyed in the
plat of Hallandale Park No. 8 Subdivision prior to the issuance of building permits.
These funds shall be offset against the expenses applicant incurs in the installation
of the right-of-way improvements specified in Condition 4 below.
4. Applicant shall install the following improvements:
. Seven (7) on-street parallel parking spaces along NE 206 Street and six (6) on-
street parallel parking spaces along NE 207 Street.
. Curbing, gutter pan, stormwater drainage inlets and stormwater mains along NE
206 Street and NE 207 Street adjacent to the site.
. Street lighting along NE 206 Street, NE 207 Street and East Dixie Highway
adjacent to the site.
. Eight (8) on-street parallel parking spaces along East Dixie Highway, adjacent to
the site.
Applicant shall prepare an engineering plan detailing the installation of these
improvements in a form acceptable to the City Manager and City Engineer prior to -
the issuance of building permits.
5. Applicant shall post a surety bond or other similar instrument acceptable to the City
Manager in the amount of $66,000 prior to the issuance of building permits, said
Resolution No. 99-39
Page 5
bond to be returned to the applicant after the completion of the parking, curbing,
lighting and drainage improvements within the public right-of-way specified in
Condition 4.
6. The applicant shall provide a Unity of Title, in a form to be approved by the City
Attorney and City Manager, or replat the site, prior to issuance of a building permit
for the development.
7. The applicant shall enter into a lease with Florida East Coast Railroad (FEC) and
construct twenty (20) parking spaces on the leased area. Permit plans must be
approved by the Community Development department and construction of the
spaces completed prior to Certificate of Occupancy. The applicant must continue
the lease on an annual basis in good faith effort.
8. The applicant shall prepare a covenant, in a form to be approved by the City
Manager and City Attorney, allowing medical office uses not to exceed 60% of the
total office uses of the building. The applicant shall record this covenant in the
Public Records of Miami-Dade County, prior to issuance of a building permit. All
expenses shall be borne by the applicant.
9. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to issuance of a building permit. All expenses shall be borne by the
applicant.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Resolution No. 99-39
Page 6
Section 6. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Berger , who moved
its adoption. The motion was seconded by Commissioner Holzberg ,and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
r=:.
yes
yes
yes
yes
PASSED AND ADOPTED this 3rd day of August, 1999.
~
ATTEST:
f .~
Ii.) . ,y'
'i)'I) flU I F,.-.W'L>>r'~L
URESA M. sORoKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
!?t/1M1 ~
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 5
day Of~ 1999.
~
C/AAE, CITY CLERK
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RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
THROUGH RESOLUTION NO. 99-39 PASSED AND ADOPTED
AUGUST 3,1999; TO MODIFY THE PARKING SPACE VARIANCE; TO
DELETE THE CONDITIONAL USE APPROVAL FOR A BANK IN THE
MEDICAL OFFICE DISTRICT; TO MODIFY CONDITION NO. 4 OF
SECTION 4 REQUIRING 8 PARALLEL PARKING SPACES ON EAST
DIXIE HIGHWAY; TO DELETE CONDITION NO.8 OF SECTION 4
REQUIRING MEDICAL USES NOT TO EXCEED 60% OF THE TOTAL
OFFICE USE IN THE BUILDING, FOR PROPERTY LOCATED ON THE
EAST SIDE OF EAST DIXIE HIGHWAY BETWEEN NE 206 STREET
AND NE 207 STREET, AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, Kenneth Marlin, was granted miscellaneous approvals
by Resolution No. 99-39 passed and adopted by the City Commission of the City of
Aventura on August 3, 1999; and
WHEREAS, the applicant has revised the site plan, which revision necessitates
modification to the previous approvals granted through Resolution No. 99-39 as follows:
1. A modification to the parking variance to provide 123 off-street parking spaces
where 130 off-street parking spaces are required by Section 31-171(b)(8) of
the City's Land Development Regulations. The original variance approved 112
off-street parking spaces where 130 were required by Code; and
2. Deletion of the previously approved Conditional Use approval which allowed
two (2) drive-through teller lanes at a bank on the ground floor of the proposed
building; and
3. Modification to Condition NO.4 of Section 4 of the resolution which required
eight (8) on-street parallel parking spaces on the east side of East Dixie
Highway, adjacent to the site, to provide seven (7) parallel parking spaces; and
4. Deletion of Condition NO.8 of Section 4 of the resolution which required the
applicant to prepare and record a covenant stating that medical office use
would not exceed 60% of the total office use in the building.
Resolution No.
Page 2
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to modify the following variances previously
granted by Resolution No. 99-39:
1) Amend current Section 1 from:
"Application No. 04-VAR-99 requesting a Variance from Section 801.2 of the
City's land Development Regulations to allow 112 off-street parking spaces where 130
parking spaces are required..."
to:
"Application No. 04-VAR-99 requesting a Variance from Section 31-171(b)(8) of
the City's land Development Regulations to allow 123 off-street parking spaces where
130 off-street parking spaces are required."
2) Delete Section 3 granting Conditional Use Approval which allowed two (2)
drive-through teller lanes at a bank on the ground floor of a proposed building.
3) Amend Condition NO.4 of Section 4 from:
"eight (8) on-street parallel parking spaces along East Dixie Highway, adjacent to the
site"
to:
"seven (7) on-street parallel parking spaces along East Dixie Highway, adjacent to the
site".
Resolution No.
Page 3
4) Delete Condition NO.8 of Section 4 requiring that the applicant prepare and
record a covenant limiting the medical office use to not more than 60% of the total
office uses in the building.
All revisions to property legally described as:
Lots 12 through 30, Block 8 of Hallandale Park NO.8 according to the plat
thereof, as recorded in Book 20, Page 49 of the public Records of Miami-
Dade County, Florida,
a/k/a
between NE 206 Street and NE 207 Street on the east side of East Dixie
Highway, Aventura, Florida
are hereby approved subject to the following conditions:
1. The applicant shall submit a revised landscape plan for approval prior to
issuance of the building permit.
2. All other conditions of Resolution No. 99-39 not modified or deleted by this
Resolution shall remain in full force and effect.
Section 2. The City Manager is authorized to cause the issuance of permits
in accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
, who
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 4
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
,2000.
CITY CLERK
day of
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
,."EMORANDUM
TO:
FROM:
BY:
DATE:
December 19, 2000
r
..._ D;"'~
SUBJECT: Request of Landmark Club Condominium Association, Inc. for variance
from Section 31-172(c)(2) of the City's Land Development Regulations to
allow one nine (9) foot and one 118 foot driveway separation between
driveways of multi-family residential parcels on collector roads where a
driveway separation of 150 feet is required in each instance for property
located at 20185 East Country Club Drive. (03-VAR-OO)
January 2, 2001 City Commission Meeting Agenda Item '3 b
(This item was deferred from the November 14, 2000 City Commission meeting)
RECOMMEflIDATI9t'
It is recommended that the City Commission:
1. Approve the request for a variance to allow a 9.67 -foot separation between
driveways of the Landmark Condominium and the Terraces of Tumberry
Condominium; and
2. Approve the request for a variance to allow a 118-foot landscape separation
between the north and south driveways of the Landmark Condominium.
REVISED REQUE~T
The applicant Landmark Club Condominium Association, Inc., through Application No.
03-VAR-OO is requesting a variance from Section 31-172(c)(2) of the City's Land
Development Regulations to allow the following:
1. A nine (9) foot driveway separation between the ingress drive for Landmark
Condominium and the ingress/egress drive for Terraces of Turnberry where
driveways for multi-family residential parcels on collector roads shall be
separated by no less than 150 feet; and
2. A 118 foot driveway separation between the ingress drive and the egress drive
of landmark Condominium where driveways for multi-family residential parcels
on collector roads shall be separated by no less than 150 feet.
~UMMARY
This application was considered by the City Commission at its meeting of November
14, 2000. (See Exhibit #1 for staff report dated November 3, 2000). At that time,
residents of the Terraces of Tumberry Condominium presented their concerns with the
proposed new driveway and median modifications. The City Commission requested
that the applicant and representatives of the Terraces of Turnberry Condominium meet
to discuss a solution to their concerns.
The parties have now met and a revised plan has been prepared. This plan has been
provided to the Terraces of Tumberry Condominium for their review, but staff has been
unable to obtain their comments on the revised plan.
The revised plan shows reconstruction of the existing median on East Country Club
Drive extended from 130' length to 146'-2" length with 14' of chevrons extending from
the end of the median to provide for a single right-hand turn and a single left-hand turn
from and to the driveways onto East Country Club Drive. The purpose of the chevrons
is to discourage car stacking for left turns from the driveway onto southbound East
Country Club Drive. The separation between the proposed new driveway on the
landmark site and the existing driveway on the Terraces of Turnberry site has been
increased to 9.67 feet from the 7 feet originally proposed. The safety of the left turn
movement and the safety of pedestrians crossing the two driveways were the major
concern of the Terraces of Turnberry residents.
It has also been determined, since preparation of the November 3, 2000 staff report,
that the correct measurement of the landscaped area between the proposed north and
existing south driveways of the landmark condominium is 118 feet, where 150 feet is
required by Code. The applicant is requesting a variance to allow the separation of
118 feet. The same standards of review shall apply to both requests.
ANALYSIS
Reauest #1: APprove the reauest for a variance to allow a 9.67 -foot seoaration
between driveways of the Landmark Condominium and the Terraces of Tumberrv
Condominium.
The revised plan has increased the separation between driveways of the two
condominium buildings from 7 feet to 9.67 feet to provide increased safety for
2
pedestrians crossing the driveways along East Country Club Drive and address the
concerns expressed by the residents of the Terraces of Turnberry.
Reauest #2: Aoorove the reauest for a variance to allow a 118.foot seoaration
between the north and south drivewavs of the Landmark CondoJ1linium.
Due to the site frontage of the Landmark Condominium, it is not possible to maintain a
150 foot landscaped area separation between the proposed north and existing south
driveways. The variance of 32 feet will not be detrimental to the public health, safety or
welfare.
CONDITIONS
1) Plans shall substantially comply with those plans submitted as follows:
. "Landmark Condominium Driveway Reconfiguration: Survey Plan, Demolition
Plan and general Notes: prepared by Bermello-Ajamil and Partners, Inc. One
page, numbered C-1, dated 03120/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Partial Plan Entrance,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-2, dated
03/20/00, signed and sealed dated 08101/00.
. "Landmark Condominium Driveway Reconfiguration: Partial Plan Exit Way,"
prepared by Bennello-Ajamil and Partners, Inc. One page, numbered C-3, dated
03/20/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Construction Details,"
prepared by Bennello-Ajamil and Partners, Inc. One page, numbered C-4, dated
03/15/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: General Specifications:
prepared by Bennello-Ajamil and Partners, Inc. One page, numbered C-5, dated
03/20100, signed and sealed dated 08/01/00.
2) No signage is pennitted as part of this approval. All signage indicated on the above
plans shall conform to the City's Sign Ordinance and building pennits shall be
secured before installation.
3) Permits shall be obtained within twelve months of the date of the Resolution or the
approval grated shall be deemed null and void unless extended by a motion of the
City Commission.
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: November 3, 2000
TO: City Commission
FROM: Eric M. Soroka,
BY: Brenda Kelley
SUBJECT: Request of Landmark Club Condominium Association, Inc. for variance
from Section 802.3.2 of the City's Land Development Regulations to allow
a 7-foot separation between driveways of multi-family residential parcels
on collector roads where a separation of 150 feet is required. (03-VAR-
00)
November 14, 1..000 City Commission Meeting Agenda Item '2, (b
RECOMMENDATION
It is recommended that the City Commission approve the request for a variance in that
it does meet the criteria for granting of variances found in Section 506.5 of the City's
Land Development Regulations.
THE REQUEST
The applicant, Landmark Club Condominium Association, Inc. requests a variance from
Section 802.3.2 of the City's Land Development Regulations which requires a minimum
separation of 150 feet between driveways of multi-family residential parcels on collector
roads. No change to the traffic system within the condominium is planned, and the two
driveways will carry the same amount of traffic previously entering a single existing
driveway. (See Exhibit #1 for Letter of Intent, Exhibit #2 for Location Map and Exhibit #3
for Aerial Photograph)
BACKGROUND
OWNER OF PROPERTY
Landmark Club Condominium Association, Inc.
NAME OF APPLICANT
Landmark Club Condominium Association, Inc
EXHIBIT #1
ADDRESS OF PROPERTY
20185 East Country Club Drive
SIZE OF PROPERTY
2.503 acres
LEGAL DESCRIPTION
Portions of Tract L of AVENTURA FIFTH
ADDITION, according to the Plat thereof as
recorded in Plat Book 116 at page 39 of the
Public Records of Dade County. (This is a
partial description. For full legal description
see Exhibit #4).
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
RMF4
RMF4
RMF4
CNS
ROS
Multi-Family High Density Residential District
Multi-Family High Density Residential District
Multi-Family High Density Residential District
Conservation District (Intracoastal Waterway)
Recreation and Open Space District (golf
course)
Existing Land Use -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Multi-Family Residential
Multi-Family Residential
Multi-Family Residential
Intracoastal Waterway
Golf Course
Future Land Use -
Subject Property:
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
Water
Parks and Recreation
The Site _ Tract "L," is an 11.99 acre site. As a result of the original site design, the
Terraces and the Landmark share a common inbound driveway that splits after about
50 feet to allow cars to pass through separate gatehouses. The outbound drive for the
Landmark wraps around the back (east) of the building and exits onto East Country
Club Drive on the south side of the building.
The Project _ It is the intention of the Landmark Condominium to construct a new
entrance driveway. The Landmark now shares a-common driveway with the adjacent
Terraces of Turnberry condominium. When constructed, the new entrance driveway will
be located seven feet south of the Terraces of Turnberry driveway. The two driveways
will carry the same amount of traffic entering the single existing driveway. Because of
its shared driveway, it is difficult for visitors to determine which guardhouse drive they
should enter. If they enter at the wrong gatehouse, drivers must either back up or, if
2
other cars are in line behind them, they must circle around one of the buildings and exit
onto East Country Club Drive, then re-enter the driveway.
The driveway reconfiguration will also allow drivers to turn either left or right onto East
Country Club Drive from the Landmark's exit (south) drive. At present, only right turns
are possible. The exit drive is located more than 150 feet from any other multi-family
residential driveway, so permitting both left and right exits is in conformance with the
City's Land Development Regulations and is thus not a part of this application.
The Landmark is installing new landscaping and entry signage under separate permits
that will assist motorists in locating the correct driveway. In addition, the Landmark has
agreed to install landscaping within the median of East Country Club and relocate four
palm trees in the median to mitigate the impact of their proposed project and improve
the appearance of the right-of-way in front of their building. (See Exhibit #5 for letter of
agreement from applicants.)
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the City of Aventura Comprehensive Plan.
Citizen Comments _ The Community Development Department has received no
written citizen comments concerning this application.
Community Development Department AnalysiS - The applicants are requesting a
variance from Section 802.3.2 of the City's Land Development Regulations requiring a
minimum separation of 150 feet between driveways for multi-family residential
developments on collector roadways. Because no changes to the internal traffic or
parking facilities of the two condominiums are proposed, the two driveways are
anticipated to carry the same amount of traffic presently entering the single existing
driveway.
Criteria
The guidelines for approval of variances as required by Section 506.5 of the City's
Land Development Regulation states:
506.5 Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
(a) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were canted out literally.
3
As a result of the original site design, the Terraces and the Landmark share a common
inbound driveway that splits after about 50 feet to allow cars to pass through separate
gatehouses. The present driveway configuration has proved awkward when used with
two gatehouses. Because the proposed new Landmark driveway is for inbound traffic
only, it will not pose a hazard to traffic using the Terraces of Turnberry driveway.
(b) The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and are not applicable to other locations.
(c) The alleged difficulty or hardship Is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with
the LOR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant. The present driveway configuration is awkward
and under some circumstances can pose a traffic hazard.
(d) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare and will improve convenience
and safety of drivers entering and exiting the Landmark and Terraces at Turnberry
buildings. The separate driveways created by the proposed project will carry the same
amount of traffic entering the single existing driveway.
(e) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the danger of
fire or endanger the public safety or substantially diminish or impair property values.
Staff expects some improvement to the traffic flow within the public right-of-way of East
Country Club Drive and a significant improvement to the circulation of traffic within the
Landmark and Terraces at Turnberry property.
RECOMMENDATION
It is recommended that the City Commission approve the request for a variance in that
it does meet the criteria for granting of variances found in subsection 506.5 of the City's
Land Development Regulations subject to the conditions specified below.
4
CONDITIONS
1) Plans shall substantially comply with those plans submitted as follows:
. "Landmark Condominium Driveway Reconfiguration: Survey Plan, Demolition
Plan and general Notes," prepared by Bermello-Ajamil and Partners, Inc. One
page, numbered C-1, dated 03/20/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Partial Plan Entrance,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-2, dated
03/20/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Partial Plan Exit Way,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-3, dated
03/20/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Construction Details,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-4, dated
03/15/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: General Specifications,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-5, dated
03/20/00, signed and sealed dated 08/01/00.
2) No signage is permitted as part of this approval. All signage indicated on the above
plans shall conform to the City's sign ordinance and building permits shall be
secured before installation.
3) Permits shall be obtained within twelve months of the date of the Resolution or the
approval granted shall be deemed null and void unless extended by a motion of the
City Commission.
5
Lr\.W V.t'.t'l\...b"
l.U...Vl-IV....U
ROSENTHt~.L
ROSENTHAL
RASCO
.11IL 3 1 2000
COMMUNITY DEVELOPMENT
A partnership of Professional Associations
EDUARDO I. RASCO
ALAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACI H. GENET
JESSICA B. IASSMAN
GARY IAN NESBITT
July 27,2000
City of A ventura
2999 N. E. 191 st Street
Suite 500
A ventura, Florida 33 I 80
Of COUNSEL
JEROME S. HOLLO
JORGE LUIS WOLF
Re: The Landmark Club Condominium Association, Inc.
Ladies and Gentlemen:
The Applicant owns and is responsible for the common areas of the Landmark Condominium
("Landmark"), a 28 story, 184 unit condominium located at 20185 East Country Club Drive,
A ventura, Florida 33180, including the area utilized for ingress.
The Landmark was originally the proposed second building in a phased development of the
Terraces at Turnberry ("Terraces"), the Plans for which contemplated one central entra.!lCe to
both buildings. The developer of the Terraces sold the property that was to house the second
building and Landmark was developed as a separate and distinct property. The main ~ntnli1ce to
Landmark faces north, as opposed to facing Country Club Drive, as it would have were it
initially developed as a separate project. In addition, due to the original Plans contemplating a
central entrance to both buildings, and the developer of Landmark being required to build in
substantial compliance with the original Plans, the developer was required to utilize the central
entrance, which has over the years created confusion and on occasion hazardous situations for
the residents of Landmark.
On numerous occasions over the past ten (10) years visitors to and others arriving at Landmark
have been confused when accessing the single entrance to both Terraces and Landmark. Many
. arriving have found themselves at Terraces instead of Landmark, and were required to re-route
themselves, occasionally causing traffic congestion, but more importantly, rescue, ftre and
police vehicles often make the same mistake, sometimes adding precious minutes to their
response times.
The Applicant has submitted Plans to the City and has secured Permits for various renovations
and improvements to Landmark in their desire to upgrade the landscaping, signage and bring the
project up to current standards. In order to avoid the confused entry to the building the Applicant
has developed a proposed new entrance to Landmark, and in conjunction therewith has retained
traffic engineers to develop what the Applicant believes to be a better method of ingress to their
building, which will separate the entrances to Terraces from Landmark, and avoid further
EXHIBIT #1
03-VAR-OO
Turnberry Plaza. Suite 500,2875 Northeast 191st Street,Aventura, FlOrida 331,80
305.937.0300 / Fax: 305.937.1311 / E-mail: lawoffices@aol.com
City of A ventura
2
July 27, 2000
confusion. These Plans have been reviewed by City Engineers, City Staff, and their
recommendations have been incorporated into the Plans or agreed to by the Applicant.
In order to effectuate this needed change the Applicant requires a variance to allow one driveway
to be less than 150 feet from another as required by City Code. It is respectfully submitted that
this variance will inure to the benefit of both residents of Landmark and Terraces; will be of
benefit to the City in that the separate entrances, curbing, roadway signs, and markings; will
prevent the traffic difficulties referred to herein; will provide better access information to both
buildings; will not affect the method of egress for either building; and will provide a new and
more aesthetically beautiful entrance to the newly remodeled Landmark.
It is therefore respectfully requested that the City Commission approve the single vanance
necessary to effectuate the development of the separate entrance for Landmark.
Respectfully submitted, __~
-----
.-------
ASR:cw
ROSENTHAL ROSENTHAL RASCO A partnership of Professional Associations
TurnberfY Plaza, Suite 500,2875 Northeast 191st Street,Aventura, Florida 33180
::'O<;,9~7.0::'OO / Fax: ::'0'19).,'" 1.1, 1 J / E-mail: lawoffices@aol.com
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THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC.
LEGAL DESCRIPTION
Those portions of Tract L of 'A VEN1lJRA FIFTH ADDITION", according to the Plat thereof,
as recorded in Plat Book Il6, at Page 39, of the Public Records of Miami-Dade County, FIoirda,
being more particularly described as follows:
Commence at the Northeast comer of said Tract L; thence S 02010'17" West along the East
boundary of said Tract L for 416.83 feet to the POINT OF BEGINNING; thence S 02010'17"
West continuing along the East boundary of said Tract L for 162.83 feet; thence N 82029'30"
West for 651.70 feet to a point on the West boundary of said Tract L; thence N 06034'59" East
continuing along the West boundary of said Tract L for 173.05 feet; thence S 83025'01" East for
I30.Il feet; thence N 83052'14" East for 165.83 feet; thence S 39029'Il" East for 52.77 feet to a
point on the Westerly boundary of said Terraces North at Turnberry, a Condominium according
to the Declaration of Condominium thereof, recorded in Official Records Book Il886, at Page
1426, of the Public Records of Miami-Dade County, Florida; thence along the Westerly and
Southerly boundary of said Terraces North at Turnberry, a Condominium for the next five
courses; thence S 09010'1 7"West for 27.71 feet; thence S 87049'43" East for 47.80 feet; thence
S 02010'17" West for 21.00 feet; thence S 87049'43" East for 17.00 feet; thence N 02010'17"
East for 3.67 feet; thence S 87049'43" East for 245.25 feet to a point on the East boundary of
said Tract L and the POINT OF BEGINNING.
Containing 2.503 acres, more or less.
EXHIBIT #4
03-VAR-OO
LAW OFFICES
ROSENTHAL
ROSENTHAL
RASCO
^ partnership of Profession:aJ Associations
EDUARDO I. RASCO
ALAN S. ROSENTHAL
KERRY E. ROSENTHAL
STACI H. GENET
JESSICA B. lASSMAN
GARY IAN NESBITf
October 24, 2000
OF COUNSB..
JEROME S. HOllO
JORGE WrSWOLF
Ms. Brenda Kelley
Community Development Director
City of A ventura
2999 N. E. I91st Street
Suite 500
Aventura, Florida 33180
Re: Landmark Condominium Entrance Reconfiguration (03- V AR-OO)
Dear Ms. Kelley:
At the August 30th Development Review Committee regarding my client's proposed driveway
configuration, City staff requested that we prepare a landscaping plan for the median of East
Country Club Drive in front of the Landmark building. In cooperation with the City's Landscape
Architect, Bill O'Leary, our landscape contractor prepared Plans and a planting list meeting the
City's requirements. The purpose of this letter is to acknowledge that, should the City
Commission approve the Landmark's variance request, my client is prepared to implement the
median landscaping plan and planting schedule dated October 162000 and submitted to the City
on the same date as part of the construction project.
If you have any questions, please feel free to call me at (305) 937-0300.
Sincerely,
ROSENT. HAL ROSENT~.FAico_f:=:P
/ /;::~~..>~.~"""".};:; ....~l '\
BY (, L c/<,~1" -- .~
ALAN s. KOS~HAI:"-- .._-."
j
ASR:cw
cc: Mr. Bruce Epperson
The Landmark
EXHIBIT #5
03-VAR-OO
(Two Pages)
Turnberry Plaza, Suite 5OC, _...., ,~ . ,..." ...__~. ." .__ ___ ___,._. _..tura, Florida 33180
305.937.0300 / Fax: .\05_937, 13111 E-mail: lawoffices@ao\.com
.
LAN D seA PIN G, INC.
3920 NW 94th Avenue' Hollywood, Florida 33024
Phone 954.431'1111 . Fax 954'433'1111 . Wats "800'284'1112
Jack Rice
Landmark Condominium
20185 East Country Club Drive
Aventura, Florida 33180
~
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~;~~ -l-;ROPOSAL # i
10/16/200~ 10422----j
_ __..__L-----_-"l
r
PROPOSAL
[-p-;;~E~;--lllandscaPing 10/15
DESCRIPTION
I SHEET NUMBER C - 2 ofB=cllo-Aj=i1 mil Porto=, lno
revisions 09/20/2000:
,Jasmine "simpIicifolum" (3 gal)
i Feet of 6" Schedule 40 PVC main line for sIeeving
i Feet of 2" Schedule 40 PVC main line
I Feet of3" Schedule 40 PVC main line for sIeeving
Feet of multi-strand 24 volt irrigation wire
Feet of2-I/2" Schedule 40 PVC for supply line
Seasonal flowers
QTY
---r-
I
,
661
60i
60\
601
60
60
1,200
SHEET C-3:
Feet of 6" Schedule 40 PVC main line for sleeving
'FeetoH;" -Sched.uIe 40 PVC main line
,Feet of3" Schedule40 PVC main line for sleeving
Feet of2-I/2" Schedule 40 PVC for supply line
Feet of multi-strand 24 volt irrigation wire
12" valve boxes
40
40
40
401
40
8
Jasmine "volubiIe" (3 gal) 60
Re-Iocate 4 coconut palms within island (28' o.a.) 4
Yards of topsoil 15
I Pallets of "red" mulch (70 bags per pallet @ 4.00 a bag) 2
I Labor - front-end loader, backhoe, landscaping, and irrigation I
lDade c.o~tys~I~sJax_______________-_,,___L_~
TOTAL
RATE
TOTAL I
--i
,
1
I
660.00T i
306.00T!
54.00T:
120.00TI
60.00T I
II LOOT I
l,800.00T
10.00
5.ral
I
0.901
2.00
1.00
1.85
1.50
5.10
0.90
2.00
1.85
1.00
32.00
10.00
125.00
25.00
280.00
5,200.00
6.50%1
204.00T
36.00:r.:. =,
80.00T
74.00T I
40.00T I
256.00T I
1
600.00T
500.00
375.00T i
560.00T i
5,200.00 i
346.84 !
$ I 1,382.84
RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING APPROVAL
OF A VARIANCE FROM SECTION 31-172(c)(2) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW ONE NINE (9) FOOT AND ONE 118 FOOT
DRIVEWAY SEPARATION BETWEEN DRIVEWAYS OF
MULTI-FAMILY RESIDENTIAL PARCELS ON
COLLECTOR ROADS WHERE A DRIVEWAY
SEPARATION OF 150 FEET IS REQUIRED IN EACH
INSTANCE FOR PROPERTY LOCATED AT 20185 EAST
COUNTRY CLUB DRIVE, AVENTURA; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RMF4, Multi-Family High-
Density Residential District; and
WHEREAS, the applicant Landmark Club Condominium Association, Inc.,
through Application No. 03-VAR-OO is requesting a variance from Section 31-172(c)(2)
of the City's Land Development Regulations to allow the following:
1. A nine (9) foot driveway separation between the ingress drive for
Landmark Condominium and the ingress/egress drive for Terraces of
Turnberry where driveways for multi-family residential parcels on
collector roads shall be separated by no less than 150 feet; and
2. A 118 foot driveway separation between the ingress drive and the
egress drive of Landmark Condominium where driveways for multi-
family residential parcels on collector roads shall be separated by no
less than 150 feet; and
Resolution No. 2001-
Page 2
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a variance from Section 31-172(c)(2) of the City's
Land Development Regulations to allow the following:
1. A nine (9) foot driveway separation between the ingress drive for Landmark
Condominium and the ingress/egress drive for Terraces of Turnberry where
driveways for multi-family residential parcels on collector roads shall be
separated by no less than 150 feet; and
2. A 118 foot driveway separation between the ingress drive and the egress
drives of Landmark Condominium where driveways for multi-family residential
parcels on collector roads shall be separated by no less than 150 feet
to property legally described as shown on the attached Exhibit #1
a/k/a Landmark Condominium 20185 East Country Club Drive
is hereby approved subject to the following conditions:
1) Plans shall substantially comply with those plans submitted as follows:
. "Landmark Condominium Driveway Reconfiguration: Survey Plan, Demolition Plan
and general Notes," prepared by Bermello-Ajamil and Partners, Inc. One page,
numbered C-1, dated 03/20/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Partial Plan Entrance,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-2, dated
03/20/00, signed and sealed dated 08/01/00, revised dated 12/08/00.
Resolution No. 2001-_
Page 3
. "Landmark Condominium Driveway Reconfiguration: Partial Plan Exit Way,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-3, dated
03/20/00, signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: Construction Details," prepared
by Bermello-Ajamil and Partners, Inc. One page, numbered C-4, dated 03/15/00,
signed and sealed dated 08/01/00.
. "Landmark Condominium Driveway Reconfiguration: General Specifications,"
prepared by Bermello-Ajamil and Partners, Inc. One page, numbered C-5, dated
03/20/00, signed and sealed dated 08/01/00.
2) No signage is permitted as part of this approval. All signage indicated on the above
plans shall conform to the City's sign code and building permits shall be secured
before installation.
3) Permits shall be obtained within twelve months of the date of the Resolution or the
approval granted shall be deemed null and void unless extended by a motion of the
City Commission.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
, who
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-
Page 4
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3rd day of January, 2001.
CITY CLERK
THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC.
LEGAL DESCRIPTION
Those portions of Tract L of 'A VENTURA FIFTH ADDITION", according to the Plat thereof,
as recorded in Plat Book 116, at Page 39, of the Public Records of Miami-Dade County, Floirda,
being more particularly described as follows:
Commence at the Northeast comer of said Tract L; thence S 02010'17" West along the East
boundary of said Tract L for 416.83 feet to the POINT OF BEGINNING; thence S 02010'1 T'
West continuing along the East boundary of said Tract L for 162.83 feet; thence N 82029'30"
West for 651.70 feet to a point on the West boundary of said Tract L; thence N 06034'59" East
continuing along the West boundary of said Tract L for 173.05 feet; thence S 83025'01" East for
130.11 feet; thence N 83052'14" East for 165.83 feet; thence S 39029'11" East for 52.77 feet to a
point on the Westerly boundary of said Terraces North at Tumberry, a Condominium according
to the Declaration of Condominium thereof, recorded in Official Records Book 11886, at Page
1426, of the Public Records of Miami-Dade County, Florida; thence along the Westerly and
Southerly bowldary of said Terraces North at Tumberry, a Condominium for the next five
courses; thence S 09010'1 7"West for 27.71 feet; thence S 8r49'43" East for 47.80 feet; thence
S 02010'17" West for 21.00 feet; thence S 87049'43" East for 17.00 feet; thence N 02010'17"
East for 3.67 feet; thence S 87049'43" East for 245.25 feet to a point on the East boundary of
said Tract L and the POINT OF BEGINNING.
Containing 2.503 acres, more or less.
EXHIBIT #1
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
Brenda Kelley, Co
e,,,,,men! o;'e~
TO:
City Commission
FROM:
Eric M. Soroka, Cit~
DATE:
December 21,2000
SUBJECT: Request of Turnberry Associates for a modification to a previously
approved Multi-Tenant Center Sign Approval for the Champion Retail
Plaza at the northeast corner of NE 191 Street and Biscayne Boulevard to
permit relocation and alteration of a monument sign for the Courtyard by
Marriott hotel. (01-MTC-98-REV)
January 2, 2001 City Commission Meeting Agenda Item r; V
RECOMMENDATION
It is recommended that the City Commission: 1) Approve the request to relocate an
existing Courtyard Marriott hotel monument sign now located at the southeast corner of
Biscayne Boulevard and theoretical NE 193 Street to the northeast corner of Biscayne
Boulevard and NE 191 Street; and 2) Approve the request to increase the height of
this sign from 5 feet to 6 feet in height.
THE REqUEST
The applicant, Turnberry Associates, is requesting a modification to a previously
approved Multi-Tenant Center Sign Approval for the Champion Retail Plaza and
Courtyard Marriott hotel, located at the northeast corner of NE 191 Street and Biscayne
Boulevard, to allow the following:
1) The relocation of an existing Courtyard Marriott hotel monument sign now
located at the southeast corner of Biscayne Boulevard and theoretical NE 193
Street to the northeast corner of Biscayne Boulevard and NE 191 Street; and
2) An increase in the height of this sign by one foot, from its currently allowed 5
feet to 6 feet in height.
(See Exhibits #1 and #2 for Letter of Intent and revision to Letter of Intent).
BACKGROUND
SIZE OF PROPERTY
LEGAL DESCRIPTION
Champion Retail, Ltd.
Turnberry Associates
19101-19275 Biscayne Boulevard and 2825
NE 191 Street. (See Exhibit #3 for Location
Map)
Approximately 12.59 acres
Tract "N' of SOFFER REDLICH PLAT, Plat
Book 153 at Page 56, Official Records of
Miami-Dade County Florida.
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
LAND USE DATA
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
B2 Community Business District
B2 Community Business District
B2 Community Business District; and
TC1 Town Center District
B2 Community Business District
U Utilities District
Existing Land Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Shopping Center and Hotel
Retail
Retail and Office
Office Building
Biscayne Boulevard and FEC Railroad
Future Land Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office and Town Center
Business and Office
Biscayne Boulevard and FEC Railroad
The Site _ Champion Retail Plaza is located on the east frontage of Biscayne
Boulevard between NE 191 Street and theoretical NE 193 Street. The Courtyard
Marriott hotel, which is part of the same development, is located east of the shopping
center on the north side of NE 191 Street. The hotel can be accessed directly from NE
191 Street or from Biscayne Boulevard by turning east on the former NE 193 Street,
2
which has been vacated and is now a private service drive within the Champion Retail
Plaza.
On June 9, 1998, the City Commission passed and adopted Resolution No. 98-51
granting approval of multi-tenant center graphics for signage at Champion Retail Plaza.
Included in this approval were three monument signs for the Courtyard Marriott hotel.
One sign is located at the theoretical NE 193 Street entrance to the hotel, one at the
southeast corner of Biscayne Boulevard and theoretical NE 193 Street and the other is
located in front of the hotel at 2825 NE 191 Street. The sign at theoretical NE 193
Street entrance is 3.5 feet in height and 5 feet in width for a total area of 17.5 square
feet and the other two signs are five feet in height and eight feet in width, for a total
area of 40 square feet. (See Exhibit #4 for Resolution and Exhibit #5 for approved
detached hotel signs).
The Project - The applicant proposes to relocate the sign now located at the corner
of former NE 193 Street south approximately 570 feet south to the northeast corner of
NE 191 Street and Biscayne Boulevard, and to construct a landscaped planting bed
surrounding the sign as required by the City's Sign Code. The applicant also proposes
to elevate this sign from five to six feet in height by extending an existing pedestal
between the sign and its base from just less than one foot in height to just less than two
feet in height. This pedestal will contain no text, but will contain an internally
illuminated directional arrow. The two other signs will remain the same as approved in
1998.
ANALYSIS
Community Development Department Analysis - The applicants maintain that the
relocation and elevation of the sign are necessary to provide a more visible way to
direct customers to the hotel. Field review by City staff indicates that the placement
and elevation of existing signage does limit its directional capacity. The applicants
report that northbound cars on Biscayne Boulevard whose drivers do not see this
monument sign in time often turn onto William Lehman Causeway and become
disoriented. Thus, the relocation and elevation of the Biscayne Boulevard sign from
five feet to six feet appears to serve a legitimate directional need.
Section 31-191 (i) ofthe City Code reads as follows:
(1) Multi-tenant Center Sign graphiCS criteria. The Owner of a Multi-tenant, or their
authorized representative, may choose to comply with the standards for
Nonresidential District Signs or alternatively, apply for approval as a Multi-tenant
Center as described below.
a. The owner of a Multi-tenant Center shall submit to the City Manager a
written statement of the uniform Sign graphics criteria for the Multi-tenant
Center (the "Criteria"). The City Manager shall review the Criteria, make
a recommendation and submit the Criteria, along with the
3
recommendation to the City Council, for final approval. Once the Criteria
have been approved, they shall apply to the entire Multi-tenant Center, as
well as to each individual occupant, and shall remain in effect for so long
as the Multi-tenant Center exists, regardless of a change in ownership or
management, unless and until the owner obtains approval to amend the
Criteria from the City Council. The Criteria for each Multi-tenant Center
shall include, but not be limited to, color{s), type of Signs, style of letters,
size of letters (maximum or minimum) and size of Signs.
b. An application to erect any Sign for any portion of a Multi-tenant Center
shall include and comply with the Criteria established for the Multi-tenant
Center, a sketch of the proposed Sign and the written consent of the
owner of the Multi-tenant Center for the proposed Sign.
The request to relocate the sign from theoretical NE 193 Street and Biscayne
Boulevard to NE 191 Street and Biscayne Boulevard maintains the intent of the original
multi-center approval granted through Resolution No. 98-51. Its relocation will
augment its directional capability and improve traffic safety. Once relocated, it will be
approximately 330 feet from the closest existing permitted sign at the plaza entrance on
NE 191 Street, where the Code requires a minimum of 200 feet of spacing between
monument signs.
The applicant had originally requested that the sign be increased in height from five
feet to eight feet. It has since revised its request to increase the height by one foot,
from five feet to six feet. The sign area permitted in Resolution No. 98-51 was 40
square feet and the proposed increase will result in a total area of 45 square feet.
Although there will be an increase of 5 square feet in the total area of the sign, it will
still be consistent with other non-residential monument signs along Biscayne Boulevard
which are permitted by Code at a maximum of 48 square feet. For this reason, staff
believes that the one-foot increase in height will not detract from the stability and
appearance of the City, nor will it affect the intent of the original approval.
CONDITIONS
It is recommended that the request be granted subject to the following conditions:
1) Applicant shall obtain building permits within 3 months of the date of this Resolution
or the approvals granted shall be deemed null and void, unless the term is extended
by a motion of the City Commission prior to its expiration.
2) This Resolution shall be recorded in the Public Records of Miami-Dade County prior
to issuance of any additional or new Sign permits for the subject property. The
applicant shall be responsible for recording fees associated with such recordation.
3) This Multi-Tenant Center Signage approval (revision) shall not constitute building
permit approval.
4
4) Applicant acknowledges that this approval is granted for the purpose of relocating
an existing sign and no new signs for this site are permitted unless application is
made to and granted by the City Commission.
5) The plan for the relocation and height increase of the sign shall substantially comply
with the plan submitted as "Hotel Sign Relocation and Alteration at Champion Retail
Plaza, Aventura, Florida", Site Plan, Sign Elevation, Drawing No. SP-1, prepared by
Arc-Tech Associates Incorporated, dated 06/30/00, revised dated 10/30/00 and
12/05/00, signed and sealed dated 11/01/00".
6) All other conditions of approval and approved plans in Resolution No. 98-51 shall
remain the same.
5
01- /vlT[;-Y;S- KE:V
'liimherry 5lssociates
AUG 0 7 2000
COMMUNI1Y DEVUI'H'UlT
July 27, 2000
Via Hand Delivery
Brenda Kelley, Director
Department of Community Development
cm OF AVENTURA
2999 N.E. 191st Street
Suite 500
Aventurar Florida 33180
Re: Champion Retail/Marriott Signage
Dear Brenda:
This letter is submitted in conjunction with the request to modify our previously approved multi
tenant sign approval. This request pertains to the Champion Retail Plaza, which is located at
the northeast corner of N.E. 191 st Street and Biscayne Blvd. This site consists of retail space
and a hotel. The hotel is located on the eastern portion of the property, the site most distant
from Biscayne Boulevard.
At the time of the multi-tenant sign approval, three detached signs were approved for the hotel,
including a small, detached sign on theoretical N.E. 193rd St. at the entrance drive into the hotel
property. Theoretical N.E. 193'd St. is actually a driveway, not a publiC right of way. The sign
at that location was intended to allow hotel guests to determine exactly where the hotel access
drive was located. This sign will remain as previously approved.
Two additional detached signs of 40 sq. ft. were approved. These signs were identical and
were actually smaller than 40 sq. ft. However, the pedestal and the squared off area for the
sign was approximately 40 sq. ft. At the present time, we would like to raise these signs from
from 5 ft. to 8 ft. We believe the height change is necessary because of a visibility problem for
people coming to the hotel. The first sign is located on Biscayne Blvd. at 193'd Street. We
would request that the sign be removed and relocated to the southwest corner of the property.
The 191st Street side of the property is the most direct publiC right of way route to the hotel.
Accordingly, we believe the sign at that location would better serve the guests and also
enhance traffic flow. The height is simply a function of the existing condition. We do not
believe that the low profile signs currently in use provide automobile drivers with adequate
notice to determine the proper time to turn. The existing sign on N.E. 191 st St. at the entrance
to the hotel area would remain. We would simply ask that the sign be raised to a height of 8 ft.
Accordingly, we are requesting that you allow us to remove the sign from the northwest corner
so it can be relocated to the southwest corner. We would then request that you allow a height
of 8 ft. for the relocated sign and the existing sign at the hotel entrance on N.E. 191 st St. There
will not be any increase to the actual sign area. The actual sign area is approximately 2.5 ft. in
height and approximately 6 ft. wide. The overall 40 sq. ft. is based upon the pedestal and base
of the sign.
19501 Biscayne Boulevan
EXHIBIT #1
01-MTC-98 (REV)
Fax: (305) 933-5511
Ms. Brenda Kelley
July 27, 2000
Page Two
We believe this is a minor request. The signs have been architecturally treated and do not
present any problem. However, visibility for proper vehicular access is a major concern. We
believe that by raising these signs to 8 ft., our concerns will be satisfied without any adverse
impact on the city sign ordinance.
In closing, we request your favorable review and consideration.
jd
'liimherry Jlssociates
December 4, 2000
Hand Delivered
Brenda Kelley, Director
Department of Community Development
CITY OF AVENTURA
2999 N.E. 191st St. - Suite 500
Aventura, Florida 33180
COMMUNITY DEVELOPMENT
Re: Marriott Courtyard Signage
Dear Brenda:
As you know, an application was previously filed requesting certain modifications to the
existing Marriott signage. The purpose of this letter is to revise that request.
At the present time, it is our intent to keep the existing sign on !91 st Street, at the
entrance to the Marriott. We are not requesting any change to that sign.
With regard to the sign located at the northwest corner of the overall parcel on Biscayne
Boulevard, we are requesting a relocation of that sign. We still wish to relocate that sign
to the southwest corner of the property, however, rather than a sign that is 8 ft. high, we
are requesting approval for a six ft. (6') high sign. Consequently, there will be a sign
containing less square footage than what is allowed as a non-residential detached sign.
We also believe this is consistent with your Land Development Regulations and the
approved signage for this property. At this location, we believe it is essential to increase
the height to six ft. (6') from the previously approved five ft. (5') sign. The volume and
speed of the traffic at this location makes it very difficult for individuals to see the sign in
a timely manner. We believe the additional one ft. (1') in height will direct traffic to the
hotel entrance in a safer and more efficient manner.
Your favorable review of this matter and placement on the January agenda is most
appreciated. In the meantime, if you have any questions, please don't hesitate to
contact me.
Id
EXHIBIT #2
01-MTC-98 (REV)
19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5511
'-"-" .y,'.;.""
01-MTC-98 (REV)
RESOLUTION NO. 98-51
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA; GRANTING APPROVAL
OF MULTI-TENANT CENTER SIGN GRAPHICS FOR
SIGNAGE FOR CHAMPION RETAIL PLAZA LOCATED AT
THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN
NE 191 STREET AND NE 193 STREET; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City
Commission of the City of Aventura; and
WHEREAS, Ordinance No. 97-17 allowed for the Owner of a Multi-tenant Center,
or their authorized representative, to comply with the standards for Nonresidential
District Signs or alternatively, apply for approval as a Multi-tenant Center; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District and is a Nonresidential District; and
WHEREAS, the Applicant, Champion Retail, Ltd., through Application No. 01-
MTC-98, is requesting approval of Multi-tenant Center Sign Graphics for signage at
Champion Retail Plaza located at the east side of Biscayne Boulevard between NE 191
Street and NE 193 Street; and
WHEREAS, the City Manager recommends approval of these requests subject to
conditions; and
WHEREAS, the City Commission has held a public hearing; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein;
and
EXHIBIT #4
01-MTC-98 (REV)
Resolution No. 98-51
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-MTC-98 for approval of Multi-Tenant Center Sign
Graphics for signage at Champion Retail Plaza located at the east side of Biscayne
Boulevard between NE 191 Street and NE 193 Street is hereby granted subject to each
of the following conditions:
1) Applicant shall obtain building permits within 12 months of the date of this Resolution
or the approvals granted shall be deemed null and void and the applicant shall be
required to reinstate the approval process unless the term is extended by a motion
of the City Commission prior to its expiration.
2) The proposed Bank II Phase signage, not included with this application, will conform
to the Non-Residential District requirements of the Sign Code.
3) A Resolution shall be recorded in the Public Records of Dade County prior to
issuance of any additional or new Sign permits for the subject property. The
applicant shall be responsible for recording fees associated with such recordation.
4) Multi-Tenant Center Signage approval shall not constitute building permit approval.
5) No raceways are permitted.
6) Plans shall substantially comply with those plans submitted as follows:
1. Site Plan, Champion Retail Plaza, Sheet SP-1, prepared by Arc-Tech
Associates Incorporated, signed and sealed dated 04/22/98;
2. Elevations, Champion Retail Plaza, Sheet SP-2, prepared by Arc-Tech
Associates Incorporated, signed and sealed dated 6/4/98;
Resolution No. 98-51
Page 3
3. Presentation Cover Sheet, Union Bank of Florida, Sheet CS-1, prepared by
Gallo, signed and sealed dated 2-9-98;
4. Preliminary Floor Plan, Union Bank of Florida. Sheet SP-1, prepared by Gallo,
signed and sealed dated 2-9-98;
5. Preliminary Elevations, Union Bank of Florida, Sheet A-2, prepared by Gallo,
signed and sealed dated 2-9-98;
6. West Elevation, Union Bank of Florida, prepared by Gallo, signed and sealed
dated 5-18-98;
7. Finish Schedule, Union Bank of Florida, prepared by Gallo, signed and sealed
dated 5-18-98;
8. Monument Sign Type "C", Courtyard by Marriott, Sheet 1 of 4, prepared by
Graphic Systems Incorporated, dated 1-28-98;
9. Entrance Sign Type "0", Courtyard by Marriott, Sheet 2 of 4, prepared by
Graphic Systems Incorporated, dated 1-28-98;
1 O. South Elevation (and details), Courtyard by Marriott, Sheet 3 of 4, prepared
by Graphic Systems Incorporated, dated 1-30-98;
11. East Elevation (and details), Courtyard by Marriott, Sheet 4 of 4, prepared by
Graphic Systems Incorporated, dated 1-30-98.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Resolution No. 98-51
Page Lj
Section 3. This Resolution shall b8come effective immediately upon its
adoption.
Vice Mayor
The foregoing Resolution was offered by Commissioner Cohen , who
moved its adoption. The motion was seconded by Commissioner Holzberg , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
yes
yes
yes
yes
absent
yes
yes
PASSED AND ADOPTED this 9th day of JUnJ;..19.98~, / ,. .
it4, /&,ICL
A-R:i-HUR I."'SN'YDE ,MAYOR
ATTEST:
~~.
TERESA M. SMITH, CMC
CITY CLERK
This Resolution was filed in the Office of the City Clerk this I ~day Of~. 199:f.
~4~
CITY CLERK
LEGAL DESCRIPTPION
SOFFER REDLICH PLAT - A REPLA T OF A
PORTION OF "AMENDED PLAT OF "BRITAN'S
ADDITION TO OJUS, FLORIDA" (PLAT BOOK 19 AT
PAGE 24); A PORTION OF "THE BRITAN
SUBDIVISION" (PLAT BOOK 7 AT PAGE 1); A
PORTION OF TRACT "H" OF "AVENTURA FOURTH
ADDITION" (PLAT BOOK 116 AT PAGE 34); AND
TRACTS "A AND B" AND A PORTION OF NE 193RD
STREET, ALL OF "DON ED SUBDIVISION" (PLAT
BOOK 138 AT PAGE 5) LYING IN THE
NORTHWEST Y. OF SECTION 3 - TOWNSHIP 52
SOUTH - RANGE 42 EAST CITY OF AVENTURA,
'<. DADE COUNTY, FLORIDA.
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. Ptilult ISSUE
RE'liSrQl+, '.
RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA MODIFYING THE
APPROVALS GRANTED PURSUANT TO RESOLUTION
NO. 98-51 PASSED AND ADOPTED JUNE 15, 1998; TO
MODIFY THE MULTI-TENANT SIGN GRAPHICS FOR
CHAMPION RETAIL PLAZA AND COURTYARD
MARRIOTT HOTEL LOCATED AT THE EAST SIDE OF
BISCAYNE BOULEVARD BETWEEN NE 191 STREET
AND NE 193 STREET, AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the applicant, Champion Retail Inc., was granted approval of Multi-
Tenant Sign Graphics through Resolution No. 98-51 passed and adopted by the City
Commission of the City of Aventura on June 15, 1998; and
WHEREAS, the applicant, Turnberry Associates, is requesting a modification to a
previously approved Multi-Tenant Center Sign Approval for the Champion Retail Plaza
and Courtyard Marriott hotel, located at the northeast corner of NE 191 Street and
Biscayne Boulevard, to allow the following:
1) The relocation of an existing Courtyard Marriott hotel monument sign now
located at the southeast corner of Biscayne Boulevard and theoretical NE 193
Street to the northeast corner of Biscayne Boulevard and NE 191 Street; and
2) An increase in the height of this sign by one foot, from its currently allowed 5 feet
to 6 feet in height; and
WHEREAS, the City Commission has held a public hearing; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The applicant's request to modify one detached sign in the approved
multi-tenant sign graphics plan for Champion Retail Plaza granted by Resolution No.
98-51 is hereby granted exclusively to the applicant, subject to the following conditions:
Resolution No. 2001-
Page 2
1) Applicant shall obtain building permits within 3 months of the date of this Resolution
or the approvals granted shall be deemed null and void, unless the term is extended
by a motion of the City Commission prior to its expiration.
2) This Resolution shall be recorded in the Public Records of Miami-Dade County prior
to issuance of any additional or new Sign permits for the subject property. The
applicant shall be responsible for recording fees associated with such recordation.
3) This Multi-Tenant Center Signage approval (revision) shall not constitute building
permit approval.
4) Applicant acknowledges that this approval is granted for the purpose of relocating an
existing sign and no new signs for this site are permitted unless application is made
to and granted by the City Commission.
5) The plan for the relocation and height increase of the sign shall substantially comply
with the plan submitted as "Hotel Sign Relocation and Alteration at Champion Retail
Plaza, Aventura, Florida", Site Plan, Sign Elevation, Drawing No. SP-1, prepared by
Arc-Tech Associates Incorporated, dated 06/30/00, revised dated 10/30/00 and
12/05/00, signed and sealed dated 11/01/00".
6) All other conditions of approval and approved plans in Resolution No. 98-51 shall
remain the same.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-
Page 3
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 3rd day of January, 2001.
CITY CLERK
MINUTES
CITY COMMISSION MEETING
NOVEMBER 14, 2000 6 PM
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor
Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys
Richard Jay Weiss and Nancy Stroud. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Susan Fried led the pledge of allegiance.
Mayor announced that he would not be seeking re-election in 2001.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, were disclosed and filed
with the City Clerk in accordance with Ordinance 96-09. All witnesses giving
testimony in these hearings were sworn in by the City Clerk.
Ms. Stroud explained the quasi-judicial process for the zoning hearings.
B. (Taken out of order) Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 802.3.2 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A SEVEN (7) FOOT DRIVEWAY
SEPARATION BETWEEN DRIVEWAYS OF MULTI-FAMILY
RESIDENTIAL PARCELS ON COLLECTOR ROADS WHERE A
DRIVEWAY SEPARATION OF 150 FEET IS REQUIRED FOR
PROPERTY LOCATED AT 20185 EAST COUNTRY CLUB DRIVE;
PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the applicant
and entered the staff report into the record. Mayor Snyder opened the public hearing.
The following individual(s) addressed the Commission: Alan Rosenthal, Esq., 2875 NE
1915t Street, representing the applicant; Joseph P. Averill, Esq., 710 City National Bank
Building, 25 West Flagler Street, Miami, representing the Terraces; Olivero Sanchez,
Bermello Ajamil, traffic consultant for the applicant; Bernard Weinstein, 20191 E.
Country Club Drive; Burton Ginsburg, 20191 E. Country Club Drive; Marian Nesbitt,
20185 E. Country Club Drive; Arnold Schwartzberg, 20191 E. Country Club Drive.
There being no further speakers, the public hearing was closed. A motion to defer this
matter to the January meeting to allow the adjacent property owners and the applicant
to meet and review the issues involved in the application process, including meeting
with Staff and City Engineers was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed.
F. REPORT ON STATUS OF CHABAD HOUSE OF NORTH DADE
PURSUANT TO APPROVAL GRANTED AT THE JUNE 6, 2000
COMMISSION MEETING
Mr. Rosenthal updated the Commission on the status of the subject matter and noted
that the trailers will be removed by December 31,2000.
A. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING A SIGN VARIANCE FOR AVENTURA
COMMONS ASSOCIATES, LTD., LOCATED AT 21005-21265
BISCAYNE BOULEVARD, TO PERMIT A MONUMENT SIGN
MEASURING 75 SQUARE FEET IN AREA WHERE A MAXIMUM OF 48
SQUARE FEET IS PERMITTED BY CODE; APPROVING A SIGN
VARIANCE TO PERMIT A PORTION OF A MONUMENT SIGN TO BE
USED TO DISPLAY THE NAME OF A RETAIL TENANT NOT LOCATED
ON THE SAME PARCEL (OFF-PREMISE SIGN); PROVIDING AN
EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into the
record. Mayor Snyder opened the public hearing. The following individual(s) addressed
the Commission: Ben Fernandez, Bercow & Radell, 200 S. Biscayne Boulevard,
representing the applicant and Jeffrey Berkowitz, applicant. There being no further
speakers, the public hearing was closed. A motion for approval of the resolution was
offered by Commissioner Cohen, and seconded by Commissioner Rogers-Libert. An
amendment was offered by Commissioner Rogers-Libert and seconded by
Commissioner Perlow to approve a monument sign measuring 75 sq ft. subject to a
covenant proffered that no sign be placed on 213th Street by Target and no sign be
placed on Tract D. The amendment passed 4-3, with Commissioners Berger, Cohen
and Holzberg voting no. The motion for approval, as amended, passed 4-3, with
Commissioners Berger, Cohen and Holzberg voting no and Resolution No. 2000-66
was adopted.
C. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING AN EXTENSION OF A SIGN
2
VARIANCE PURSUANT TO RESOLUTION NO. 98-68 PASSED AND
ADOPTED AUGUST 4, 1998; TO PERMIT ONE TEMPORARY
SALESIDESIGN CENTER SIGN FOR COSCAN HOMES, KNOWN AS
"THE POINT AT THE WATERWAYS"; PROVIDING FOR AN
EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into the
record. Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Vice Mayor Beskin, and
seconded by Commissioner Rogers-Libert. The motion for approval passed
unanimously and Resolution No. 2000-67 was adopted.
D. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
PURSUANT TO RESOLUTION NO. 98-88 PASSED AND ADOPTED
NOVEMBER 17, 1998; TO DELETE THE PARKING SPACE
VARIANCE; TO GRANT A NEW SETBACK VARIANCE TO PERMIT A 5
FOOT SETBACK AT THE INTERIOR SIDEYARD ABUTTING A
RESIDENTIALLY ZONED PROPERTY, WHERE 15 FEET IS
REQUIRED; TO MODIFY THE LANDSCAPING VARIANCE FOR
PROPERTY LOCATED AT 18851 NE 29 AVENUE, AVENTURA;
PROVIDING AN EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into the
record. Mayor Snyder opened the public hearing. The following individuals addressed
the Commission: Stanley Price, Esq., 2500 1st Union Financial Center, and Tony
Sanchez, of Arquitectonica, 550 Brickell Avenue, representing the applicant. There
being no further speakers, the public hearing was closed. A motion for approval was
offered by Commissioner Berger, and seconded by Commissioner Perlow. An
amendment was offered by Vice Mayor Beskin, seconded by Commissioner Rogers-
Libert and unanimously passed to amend the resolution to provide for negotiations with
the City regarding use of parking facilities at nights and on weekends. The motion for
approval, as amended, passed unanimously and Resolution No. 2000-68 was
adopted.
E. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 703.4.3(9) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW ONE 15-FOOT BUILDING SEPARATION
AND ONE 16-FOOT BUILDING SEPARATION WHERE A MINIMUM
3
BUILDING SEPARATION OF 30 FEET IS REQUIRED FOR PROPERTY
LOCATED AT 21395 AND 21396 MARINA COVE CIRCLE; PROVIDING
AN EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into the
record. Commissioner Rogers-Libert left the room at this time. Mayor Snyder opened
the public hearing. The following individual addressed the Commission: Joseph Kaller,
2417 Hollywood Boulevard, architect for the applicant. There being no further speakers,
the public hearing was closed. A motion for approval was offered by Commissioner
Cohen, and seconded by Commissioner Holzberg. The motion for approval passed
unanimously and Resolution No. 2000-69 was adopted.
Commissioner Rogers-Libert returned to the meeting.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 3,
2000 Commission Meeting, October 24, 2000 Commission Meeting, October 24,
2000 Workshop Meeting and November 8, 2000 Workshop Meeting was offered by
Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously
passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Commissioner Berger requested removal of item 7E and
Commissioner Perlow requested removal of item 7F from the Consent Agenda. A
motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Perlow, unanimously
approved and the following action was taken:
A. Resolution No. 2000-70 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BY AND
BETWEEN CO-PERMITTEES IN NPDES PERMIT NO. FLS000003
PROVIDING FOR CONTROL OF POLLUTANT DISCHARGES
BETWEEN SEPARATE MUNICIPAL STORM SEWER SYSTEMS;
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 approved:
4
MOTION TO APPOINT THE FOLLOWING INDIVIDUALS TO SERVE ON
THE CHARTER REVISION COMMISSION EFFECTIVE DECEMBER 1,
2000: COMMISSIONER HARRY HOLZBERG, BURTON YOUNG, ESQ.,
LEONARD BRENNER, MICHAEL ABRAMS, AND GINGER
GROSSMAN
C. Resolution No. 2000-71 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. Resolution No. 2000-72 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.72
FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 30TH AVENUE
STORM WATER AND ROADWAY IMPROVEMENTS PROJECT BY
AND BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
E. Mr. Weiss read the following motion:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $14,200
FOR FURNITURE, EQUIPMENT AND CRIME PREVENTION
PROGRAMS FOR THE POLICE DEPARTMENT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Holzberg and unanimously passed.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RELATING TO THE SETTLEMENT OF THAT
5
CERTAIN LAWSUIT ENTITLED "RUTH PRESENT, TRUSTEE AND
MARION MUTCHNIK VS. SNYDER, ET AL, CASE NO. 99-3084-CIV-
SEITZ" AND RELATED CLAIM UNDER SECTION 70.001, FLORIDA
STATUTES, FOR AN AMOUNT NOT TO EXCEED $650,000;
AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL PROPERTY
AS PART OF THE SETTLEMENT; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE ALL DOCUMENTS AND TAKE ALL
ACTION NECESSARY TO IMPLEMENT THE TERMS AND
CONDITIONS OF THE SETTLEMENT; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Soroka provided a revised resolution to the Commission. A motion for
approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Cohen. An amendment to include general releases for all
parties to the lawsuit was offered by Commissioner Berger, seconded by
Commissioner Rogers-Libert and unanimously passed. An amendment
was offered by Vice Mayor Beskin, seconded by Commissioner Rogers-
Libert and unanimously passed to strike the last sentence of section 2. An
amendment was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously passed to provide in Section 1
(D) the wording "a Warranty Deed from Marian Mutchnik and a Trustee's
Deed from Ruth Present, Trustee." The motion for approval, as amended,
passed unanimously and Resolution No. 2000-73 was adopted.
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF THE CITY OF AVENTURA BY CREATING
SECTION 48-20 "PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS" OF ARTICLE II "USE OF RIGHT-
OF-WAY; PARKING; OTHER REGULATIONS" OF CHAPTER 48
"VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROHIBITING RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN STREETS IN THE CITY; CREATING A
DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR AND
SOLICITOR;" PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded
by Commissioner Rogers-Libert. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The
6
motion for approval passed 6-1, by roll call vote, with Vice Mayor Beskin
voting no.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AN AGREEMENT FOR EXCHANGE OF PARCELS
BETWEEN THE CITY OF AVENTURA AND CONCORDE CENTRE II
ASSOCIATES; AUTHORIZING THE CITY MANAGER TO FINALIZE
AND EXECUTE THE AGREEMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner 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.
10.PUBLlC HEARING: ORDINANCES - SECOND READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $6,750,000 IN AGGREGATE
PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE THE
ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PARKS,
RECREATION AND COMMUNITY CENTERS AND THE ACQUISITION,
CONSTRUCTION, EQUIPPING AND INSTALLATION OF VARIOUS
RELATED CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-
AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF,
REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS;
PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS;
PROVIDING SEVERABILITY AND 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 roll call vote and Ordinance No. 2000-27 was enacted.
11. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA
ACCEPTING THE PROPOSAL OF BANK OF AMERICA, N.A. TO PROVIDE
THE CITY WITH A LOAN IN THE AGGREGATE PRINCIPAL AMOUNT OF
7
$6,555,000 TO FUND THE COSTS OF VARIOUS CAPITAL ACQUISITIONS
AND IMPROVEMENTS RELATING TO PARKS, RECREATION AND
COMMUNITY CENTERS WITHIN THE CITY; APPROVING THE FORM OF,
AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A LOAN
AGREEMENT INCLUDING A REVENUE NOTE ATTACHED THERETO WITH
SAID BANK IN ORDER TO EVIDENCE SAID LOAN; AUTHORIZING THE
REPAYMENT OF THE NOTE UNDER THE LOAN AGREEMENT ONLY FROM
NON-AD VALOREM FUNDS APPROPRIATED FOR SUCH PURPOSE;
DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY
CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER
DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Perlow. Harry Kilgore, Director of Finance Support Services,
advised the Commission that the interest rate will be 5.04%. An amendment was
offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger and
unanimously passed to amend the resolution to include the interest rate of
5.04%. The motion for approval, as amended, unanimously passed and
Resolution No. 2000-74 was adopted.
12.0THER BUSINESS: None.
13. PUBLIC COMMENTS: Art Grossman, Country Club Drive.
14. REPORTS: As presented.
15.ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9:45 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
8
MINUTES
CITY COMMISSION MEETING
NOVEMBER 28, 2000 9 AM
Aventura Government Center
2999 NE 191 sl Street #500
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, 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
comrnenced.
2. RESOLUTIONS:
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF AVENTURA, TURNBERRY ASSOCIATES AND FLORIDA
EAST COAST RAILWAY, LLC RELATING TO THE PERMANENT
OPENING OF THE RAILROAD CROSSING AT NE 199TH STREET;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded
by Commissioner Cohen. Representatives of Turnberry Associates
addressed concerns of the Commission. Joseph Platnik and Senator Ron
Silver also addressed the Commission. A motion was offered by
Commissioner Perlow, seconded by Commissioner Holzberg and
unanimously passed to amend the Resolution to include a provision that a
monitoring/methodology program will be developed jointly by City's Engineer
and Turnberry Associates' Engineer and conducted twice annually by the
City's Engineer. In the event it is determined by the City's Engineer that the
left turn lane has caused the subject intersection to deteriorate, FDOT will be
requested to close the left turn lane. Agreement to be obtained by FOOT to
this provision as soon as possible. The motion for approval, as amended,
passed 6-1, with Vice Mayor Beskin voting no and Resolution No. 2000-75
was adopted. Turnberry Associates to provide an indemnification agreement
to the City holding the City harrnless as to costs incurred relative to the
MOU.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE
COMCAST CABLEVISION OF HALLANDALE, INC. ("COMCAST")
CABLE FRANCHISE TO DISTRICT CABLEVISION LIMITED
PARTNERSHIP ("AT&T BROADBAND") AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Berger. Ila Feld, Esq., Leibowitz & Associates,
the City's cable counsel, and Cindy Stoddart and Susan Bisno,
representatives of Comcast and AT&T Broadband addressed the
Commission. A motion to defer this matter until a meeting to be scheduled
in December 2000 was offered by Commissioner Rogers-Libert, seconded
by Commissioner Perlow and unanimously passed.
3. 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 10:22 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
MINUTES
COMMISSION WORKSHOP MEETING
NOVEMBER 28, 2000 9 AM
(following 9 a.m. Commission meeting)
Aventura Government Center
2999 NE 191" Street #500
Aventura, Florida 33180
The meeting was called to order at 10:25 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia
Rogers-Libert, Vice Mayor Jay R. Beskin, 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.
1. LIBRARY STUDY: George T. Lawson, library building consultant, addressed the
Commission and discussed his review of the current library facility.
CITY MANAGER SUMMARY: Consensus of Commission to accept study as
presented. Engage further services of Mr. Lawson at a fee of $2,600 to assist City
Manager with discussions with Miami-Dade County regarding improvements to the
Branch Library and report back to Commission.
2. LEHMAN CAUSEWAY SAFETY STUDY: Robert Sherman, Community Services
Director, addressed the Commission and provided an update as to this issue. Staff
to continue negotiations with FOOT to resolve existing concerns.
CITY MANAGER SUMMARY: Staff to negotiate placement of guardrail with FOOT.
3. 2001 LEGISLATIVE SESSION PRIORITIES: Mr. Soroka provided list of priorities
for Commission review. Jeff Mell, on behalf of City's lobbyist, Ron Book, was
available to address Commission's concerns. Commissioner Rogers-Libert provided
copy of Florida League of Cities' Draft 2001 Policy Statement for Commission
information and review.
CITY MANAGER SUMMARY: Consensus to accept City's Legislative Session
Priorities as presented, to be adopted at regular Commission meeting. City Manager
and Commissioner Rogers-Libert to review with Mr. Book.
4. FORMOSAN TERMITES: (City Attorney Report) Mr. Wolpin provided proposed
legislation requiring pest control inspection and treatment for Formosan termites -
for inclusion in Legislative Session priorities for 2001.
CITY MANAGER SUMMARY: Consensus to include in 2001 Legislative priorities.
5. SCHOOL REPORT: Mr. Soroka provided update on actions of School Board
relative to Binnings site and Primary Learning Center (PLC decision deferred to April
2001); issuance of RFQ by City for Charter School; discussions between
Promenade Shoppes and Charter School firm regarding Charter School at Winn
Dixie site; discussions with Gulfstream.
CITY MANAGER SUMMARY: No action necessary.
6. VISIONING SESSION UPDATE: Mr. Soroka provided an updated report and
apprised Commission of implementation of policies established at Visioning Session
including proposed Waterways Park, proposed Community Center/Millennium Park;
Safe Neighborhood Parks Grant and recommended policies regarding membership
fees.
CITY MANAGER SUMMARY: No action necessary.
8. CAMPAIGN PRACTICES: (Vice Mayor Beskin) Discussions continued relative to
the Ethical Campaign Practices Ordinance enacted by Miami-Dade County and
whether or not the City could enact similar legislation. Mr. Wolpin reviewed this
matter and reported to the Commission that the City cannot mandate execution of
voluntary provisions of such an ordinance, but that upon voluntary execution, it
would become binding.
CITY MANAGER SUMMARY: No action taken.
(Commission recessed for 20 minutes)
9. BOARD REPORTS: None. To be scheduled first on future agendas.
7. PRITIKIN: (Mayor Snyder) (Scheduled for 12 noon - began at 12:30 p.m.) The
following individuals spoke to the issue: Steven Friedfertig, Turnberry Isle North
Tower Condorninium President; Stanley Price, Esq.; Bennett Lifter; Jack Barak;
Clifford Schulrnan, Esq.; Paul Lipton, Esq.; Jens Grafe, Turnberry Isle Resort; Buddy
Pooter.
CITY MANAGER SUMMARY: No action taken.
10.0THER BUSINESS: None.
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 2:30 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
.
~>0-d'
MINUTES
CITY COMMISSION MEETING
MONDAY, DECEMBER 18, 2000 4:15 PM
Aventura Government Center
2999 NE 191" Street #500
Aventura, Florida 33180
1. CALL TO ORDER: The meeting was called to order at 4:30 p.m. by Mayor Arthur I.
Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Jeffrey M. Perlow,
Patricia Rogers-Libert, Vice Mayor Jay R. Beskin (arrived at 4:40 p.m.), Mayor Snyder,
City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. Commissioner Harry
Holzberg was absent. As a quorum was determined to be present, the meeting
commenced.
2. RESOLUTION:
Mr. Soroka read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE
COMCAST CABLEVISION OF HALLANDALE, INC. ("COMCAST")
CABLE FRANCHISE TO DISTRICT CABLEVISION LIMITED
PARTNERSHIP ("AT&T BROADBAND") AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Rogers-Libert. The following individuals addressed the
Commission: lIa Feld, Esq., Leibowitz & Associates, the City's cable counsel;
Cindy Stoddard, Comcast; and Susan Bisno, AT&T. A motion was offered by
Mayor Snyder and seconded by Vice Mayor Beskin to deny the transfer request.
A motion was offered by Commissioner Rogers-Libert and seconded by
Commissioner Berger to approve the Resolution provided the City Manager
receives the executed unconditional acceptance documents as contained in
Exhibits A & B from AT&T and Comcast by 5 p.m. December 27,2000 and in the
event the City Manager does not receive said documents, the transfer shall be
denied by the City Commission and the City Manager is then authorized to notify
Miami-Dade County of the transfer denial. The motion for approval as amended
passed 5-1, with Mayor Snyder voting no and Resolution No. 2000-76 was
adopted.
3. DISCUSSION: CHARTER AMENDMENT PROCEDURE: After discussion as to
the manner in which proposed Charter amendments would be presented to the
electorate, a motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed to conduct a polls election at the
completion of the Charter Revision Commission's proceedings.
4. ADJOURNMENT: There being no further business to come before the Commission,
the meeting adjourned at 5:30 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission r--
Eric M. Soroka, City t~fr
November 30, 2000 \..
'-
TO:
DATE:
SUBJECT:
2001 Legislative Programs and Priorities
January 2, 2001 City Commission Meeting Agenda Item -..1k
RECOMMENDATION
It is recommended that the City Commission adopt by motion the attached Legislative
Programs and Priorities for the upcoming 2001 Legislative Session. The document
includes the issues at the November 2000 Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0938-00
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2001
Mayor Arthur I. Snyder
Vice Mayor Jay R. Beskin
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2001
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Revise subsection (11) of Section 166.411, Florida Statues to add lands to be
conveyed by a City to a School Board to the list of public purposes to utilize
eminent domain proceedings.
2. Will not create revisions in municipal pension plans or State Statues that will
impose additional mandated financial obligations for municipalities.
3. Amend Section 482.242, Florida Statues to allow municipalities to enact stronger
regulations regarding the treatment of Formosan Termites.
4. Adopt the 2001 Policy Statement of the Florida League of Cities.
5. Revise current State Statues to provide for standing for Cities to contest property
assessment amounts assigned by the Dade County Property Appraiser.
6. Revise the Windstorm Insurance rates determination process as contained in
previous Resolution adopted by the City Commission.
The City of Aventura will seek financial assistance and grants for the following
projects:
1. Funding for Stormwater drainage improvements.
2. Transportation funding for the operation of the Aventura shuttle bus
transportation system..
3. Funding for emergency operations center in new Government Center.
4. Park development or acquisition of land for park purposes.
551-1438-01
2
3
4
5
6
7
8
9
10
A bill to be entitled
An act relating to eminent domain; amending s.
166.411, F.S.; authorizing
exercise the power of em?~,~~'(\ in for public
school purposes; prov~in~~ future repeal;
providing an eff.e~'t';\ate.
Be It Enacted by th~lature of the State of Florida:
Section 1. Section 166.411, Florida Statutes, is
11 amended to read:
12 166.411 Eminent domain; uses or
13 purpoBes.--MunicipalitieB are authorized to exercise the power
14 of eminent domain for the following UBeB or purposes:
15 (1) For the proper and efficient carrying into effect
16 of any proposed scheme or plan of drainage, ditching, grading,
17 filling, or other public improvement deemed necessary or
18 expedient for the preservation of the public health, or for
19 other good reason connected in anywise with the public welfare
20 or the interests of the municipality and the people thereof;
21 (2) Over railroads, traction and streetcar lines,
22 telephone and telegraph lines, all public and private streets
23 and highways, drainage districts, bridge districts. school
24 districts, or any other public or private lands whatsoever
25 necessary to enable the accomplishment of purposes listed in
26 B. 180.06;
27 (3) For streets, lanes, alleys, and ways;
28 (4) For public parks, squares, and grounds;
29 (5) For drainage, for raising or filling in land in
30 order to promote sanitation and healthfulness, and for the
31
1
CODING. Words B~r*ekeft are deletions; words underlined are additions.
551-1'3B-Ol
1 taking of easements for the drainage of the land of one person
2 over and through the land of another;
3 (6) For reclaiming and filling when lands are low and
4 wet, or overflowed altoqether or at times, or entirely or
5 partly;
6 (7) For the abatement of any nuisance;
7 (8) For the use of water pipes and for sewerage and
8 drainage purposes;
9 (9) For laying wires and conduits underground; aad
10 (10) For city buildings, waterworks, ponds, and other
11 municipal purposes which shall be coextensive with the powers
12 of the municipality exercising the right of eminent domainL
13 and~
14 Ill) For obtainina lands to be conveved bv the
15 municinalitv to the school board of the school district for
16 the county within which the municinality is located, if the
17 school board requests in.writina that the municioalitv obtain
18 such lands for conveyance to the school board and nromises to
19 use the land to establish a nublic school thereon. Fulfillinq
20 the ouroose of this subsection is recoqnized as constitutina a
21 valid municioal public DUrOose.
22 Section 2. Subsection (11) of section 166.411. Florida
23 Statutes. is reoealed January 1, 2004. Anv eminent domain
24 action that Was filed pursuant to that subsection before
25 January 1. 2004. shall not be affected bv this reDeal,
26 Section 3. This act shall take effect upon becoming a
27 law.
28
29
30
31
2
CQDIHQ. Words e~r~eken are deletions; words underlined are additions,
551-1438-01
1 ...*********************..******...******
2 SENATE SUMMARY
3 Authori~es a municipality to exercise eminent domain
4 powers to obtain and convey lands to a school board for
5 the purpose of establishinq a school. provides for the
6 future repeal of the power qranted.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING I Words e~rzeken are deletions; words underlined are additions.
l.V _,~ vv .'tv.' 1."",..<, ,':i.,_ '.I,' "_".'..,i
"L,i.,;;" .)t.h'_ .c.. ,~ ilL...." .'1.
2001 LEGISLATURE
AN ACT RELATING TO PEST CONTROL; AMENDING
SECTION 482.242, F.S., TO PROVIDE THAT IT SHALL
NOT PREEMPI' OR PROHIBIT LOCAL GOVERNMENTS
OR POLmCAL SUBDIVISIONS FROM ENACTING
ORDINANCES REQUIRING INSPECTIONS AND
TREATMENT FOR TERMITE DAMAGE OR FROM
PROVIDING TERMITE INSPECTION AND TREATMENT
SERVICES BY INDIVIDUALS LICENSED PURSUANT TO
CHAPfER 482 AND 487, F.S.; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
Section 1. Paragraph (b) of subsection (1) of Section 482.242, Florida Statutes, is
amended to read:
482.242. Preemption.
(1) This chapter is intended as comprehensive and exclusive regulation of
pest control in this state. The provisions of this chapter preempt to the
state all regulation of the activities and operations of pest control
services, including the pestiddcs used pursuant to labeling and
registration approved under chapter 487. No local government or
political subdivision of the slate may enact or enforce an ordinance that
regulates pest control, except that the preemption in this section does not
prohibit a local government or political subdivision from enacting an
ordinance regarding any of the following:
(a) Local occupational licenses adopted pursuant to chapter 205.
(b) Land development regulations adopted pursuant to chapter 163 which
include regulation of any aspect of development, including a
subdivision, building construction, sign regulation or any other
regulation concerning the development of land, or landscaping or tree
protection ordinances which do not include pesticide application
restrictions. or ordinances:
CODING: Words striolEeIl are deletions; words underlined are additions.
",.......Jo.1 "'....HV..'~ ... H~""~ ,'~'~.'
'.i,J V".;
i. requiring annual inspections in. on or under structures for termite
activity or damal1:e (includilll1: activity or dama2e from Formosan
termites) ;
ii. reaumDl! nest control !fulment in, on or under strucmres at
which termite activity or damal!e is found;
iii. reQuirilll1: use of best available nest control trealment technology
for control of termites. consistem with chapterS 482 and 487,
Florida Statutes;
iv. authorizinE local e:ovemments and Dolitical subdivisions to
provide Drol!Ial11S bv which prooertV owners. homeowners
associations. coonerative associations and condominium
associations mav contract with the local e:ovemmem or oalitieal
subdivision to obtain termite ~tion ~nd treatment services
I2rovided by individuals who are licensed under chapters 482 or
487. Florida Statutes.
(c) protection of wellhead protection areas and high recharge areas.
(d) Hazardous materials reporting as set forth in part n of chapter 252,
storage, and containment including as relating to stormwater
management.
(e) Hazardous material unlawful discharge and disposal.
(f) Hazardous materials remediation,
Section 2. This act shall take effect upon becoming a law.
APPROVED BY THE GOVERNOR
FILED IN OFFICE, SECRETARY OF STATE
CODING: Words sa;iem are deletions; words underlined are additions.
2
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
DATE: December 5,200
SUBJECT: Recommendation - Work Authorization No. 00-233-A
Professional Design Services for NE 213th Street Lighting and
Beautification Improvements
January 2, 2001 City Commission Meeting Agenda Item 1B
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization No. 00-233-A for Professional Design Services for the design of the
NE 213th Street Beautification Improvements to O'Leary Design Associates, P.A. for the
amount of $53,460.00. This project is included in the Capital Improvements Program for
the 2000101 fiscal year.
Backaround
The project is to be designed in accordance with the City's Capital Improvement
Program and the landscaping and beautification concepts approved by the City
Commission. The work includes landscaping and electrical engineering design work for
the installation of decorative street lighting. The area of work is on NE 213th street from
Biscayne Boulevard east to NE 34th Avenue. The proposed construction budget is
$1,300,000.
If you have any questions or need any additional information, please feel free to
contact me.
Attachment:
RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 00-233-A FOR PROFESSIONAL
DESIGN SERVICES FOR NE 213TH STREET LIGHTING
AND BEAUTIFICATION IMPROVEMENTS BY AND
BETWEEN THE CITY OF AVENTURA AND O'LEARY
DESIGN ASSOCIATES, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 00-233-A ($53,460.00) for professional design services by and
between the City and O'Leary Design Associates, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No.
Page 2
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT 'A'
WORK AUTHORIZATION NO. 00-233-A
NORTHEAST 213TH STREET BEAUTIFICATION
FOR
A VENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
BETWEEN
THE CITY OF A VENTURA, FLORIDA
AND
O'LEARY DESIGN ASSOCIATES, P.A.
NOVEMBER 30, 2000
EXHIBIT 'A'
WORK AUTHORIZATION NO. 00-233-A
NORTHEAST 213TH STREET BEAUTIFICATION
FOR
A VENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
The Consultant proposes to provide professional services, for the City of A ventura, as follows:
I) Landscape Architectural Services
Prepare detailed landscape and irrigation plans to include illuminated street signs.
Prepare a Statement of Probable Construction Cost.
Coordinate the work of consultants. The consultant will coordinate the work of
Bailey Engineering Consultants (BEC).
Project Meetings. The Consultant will attend all required meetings with City staff
and Bailey Engineering Consultants (BEC).
NOTE:
*
Any required engineering plans, if any, other than electrical,
will be the responsibility of the City Consulting Engineer
O'LEARY DESIGN ASSOCIATES., P.A.
Landscape Architects
WAGE RATE CERTIFICATION
DATE: NOVEMBER 30, 2000
PROJECT NO.:00-233-A
PROJECT: NORTHEAST 213TH STREET BEAUTIFICATION
AVENTURA, FLORIDA
PROJECT MANAGER: WILLIAM A. O'LEARY
TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
1. PROJECT MANAGER 165 100 $16,500.00
2. LANDSCAPE ARCHITECT 196 85 $16,660.00
TOTAL HOURS
TOTAL DOLLARS $33,160.00
REIMBURSABLE EXPENSES EST. COST RELATED
PRINT NO.
SUB-CONSULTANT 'B'
SUB-CONSULTANT 'C'
SUB-CONSULTANT'D'
TRAVEL
PRINTS/GRAPHICS/lNCIDENT ALS $700.00
A. TOTAL REIMBURSABLE EXP. $700.00
DIRECT EXPENSES:
SUB-CONSULTANT 'A'
(ENVIRONMENTAL AUDIT)
SUB-CONSULTANT 'B' ARCHITECT
SUB-CONSULTANT 'C' ELECTRICA $19,600.00
SUB-CONSULTANT 'D' GRAPHICS
B. TOTAL DIRECT EXPENSES $19,600.00
C. TOTAL DIRECT LABOR $33,160.00
TOTAL BUDGET $ 53,460.00
(A+B+C)
PREPARED BY WAO 11/30/00
APPROVED BY WAO 11/30/00
WORK AUTHORIZATION NO. 00-233-A
The City of Aventura has requested Work Authorization No. 00-233-A, as provided for in the
agreement between the City of Aventura and O'Leary Design Associates, P.A. and approved by
the City Commission on August 20, 1996.
This Work Authorization No. 00-233-A provides for Landscape Architectural services in
accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are.............$33,160.00
Total estimated direct expenses are............$19,600.00
Total estimated reimbursables are..............$ 700.00
O'LEARY DESIGN ASSOCIATES, PA
By:
WILLIAM A. O'LEARY, F ASLA
CITY:
ATTEST:
CITY OF A VENTURA, FLORIDA
through its CITY MANAGER
By:
City Clerk
By:
City Manager
TERESA M. SOROKA
ERIC M. SOROKA
_day of
,20_
APPROVED AS TO FORM
By:
City Attorney
Notice to Proceed
Yes_No
WEISS-SEROT A-HELFMAN
Project Initiation Date
RECOMMENDED through its
CAPITAL PROJECTS COORDINATOR
By a.J~.f J.,~
Capital Projects Coordinator
o ANTONIO F. TOMEI
~day of &.<:.
20 0('
,-
November 22, 2000
B611.eY'"
Mr William O'Leary
O'Leary Design Associates, P.A.
Oak Plaza Center
8525 S.W. 92"d Street, Suite Cll
Miami, FL 33156
Re: Roadway Lighting on NE 213'h Street
A ventura, Florida
Dear Mr. O'Leary:
Weare pleased to submit our proposal for electrical engineering services for the above project. Our
services shall include the following:
Design
I. Completed tracings of drawings for the work, covering all phases of our design, in
accordance with a format determined by you.
2. Photometric evaluation of the proposed roadway lighting.
3. Final project specifications.
4. Coordination with FP&L for electric service requirements.
5. Final cost estimate for the work performed under this agreement.
6. Attend meetings to answer questions relevant to our design.
II. Construction
i. Services During Bidding -BEC will make available project representative to assist in the
evaluation and recommendation of bids submitted by approved contractors.
2. Shop Drawing Review - Review and approve (or take other appropriate action in respect
of) Shop Drawings and samples, the results of tests and inspections and other data which
each Contractor is required to submit, but only for conformance with the design concept
of the Project and compliance with the information given in the Contract Documents (but
such review and approval or other action shall not exceed to means, methods, sequences,
techniques or procedures of construction or to safety precautions and programs incident
thereto); and receive and review (for general content as required by the Specifications)
maintenance and operating schedules and instruction, guarantees, bonds and certificates of
inspection which are to be assembled by Contractor(s) is in accordance with the Contract
Documents.
3. Issue Clarifications - Issue all instructions of OWNER to Contractor(s); issue necessary
interpretations and clarifications of the Contract Documents; have authority, as OWNER's
2101 N. ANDREWS AVENUE. SUITE 100. FORT LAUDERDALE. FLORIDA 33311
TEL: (954) 564-3111 . FAX: (954) 564-3040 . WEB: www.baileyengineering.com
Mr. William O'Leary
2
November 22,2000
representative to require special inspection or testing of the work; act as initial interpreter
ofthe requirements of the Contract Documents and judge of the acceptability of the work
thereunder, and make decisions on all claims of OWNER and Contractor(s) relating to the
acceptability of the work or the interpretation ofthe requirements of the Contract
Documents pertaining to the execution and progress of the work. The ENGINEER shall
render all interpretations or decisions in good faith and in accordance with the
requirements of the Contract Documents.
4. Site Visits - Make visits to the site at periods appropriate to the various stages of
construction to observe, as an experienced and qualified professional, the progress and
quality ofthe executed work of Contractor(s) and to determine in general if such work is
proceeding in accordance with the Contract Documents. Prepare trip rep::>rts to document
observations made during these inspections. ENGINEER shall not be responsible for the
means, methods, techniques, sequences or procedures of construction selected by
Contractor(s) or the safety precautions and programs incident to the work of
Contractor(s). It is understood that BEC will not be performing detailed quality control
and inspection services such as checking the installation of conduits for conformity with
the electrical drawings and appropriate manufacturer's shop drawings. ENGINEER's
efforts will be directed toward providing a greater degree of confidence for OWNER that
the completed work ofContractor(s) will conform to the Contract Drawings, but
ENGINEER shall not be responsible for the failure of Contractor(s) to perform the work
in accordance with the Contract Drawings. During such visits and on thc basis of on-site
observations, ENGINEER shall keep OWNER informed of the progress of the work, shall
endeavor to guard OWNER against defects and deficiencies in such work and may
disapprove or reject work failing to conform to the Contract Documents.
Our scope of services shall include the roadway lighting design ofNE 213'h Street, an overall length
of approximately one-half mile. Our fee for this work shall be $19,600.00, payable as follows:
When Plans are 20% Complete
When Plans are 50% Complete
When Plans are 80% Complete
When Plans are 100% Complete
Construction Phase - Billed per percent of
construction completeness
$ 2,400.00
$ 3,600.00
$ 3,600.00
$ 2,400.00
$ 7,600.00
Very truly yours,
/ ,,/ /
.~o//h~/P7
~pn:n E. Bal1ey, P.K'
ACCEPTED
DATE
ODA-OO-006.doc
Agenda Item 7-C
RESOLUTION NO. 2001-_
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.
WHEREAS, by Ordinance No. 96-24, the City Commission of the City of
Aventura provided for the creation of the Beautification Advisory Board; and
WHEREAS, the term of office for current Board members expires on January 4,
2001; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Commission wishes to provide for approval of the
Mayor's appointment of members to the Beautification Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Beautification Advisory
Board for a term of one year:
Janice Albin
Robert Diamond
Manny Grossman
Elaine Luxenberg
Marian Nesbitt
Stuart Schulman
Rubin Steiner
Section 2. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 2001-
Page 2
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, Cit
TO: City Commission
DATE: December 27,200
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
City of Sunny Isles Beach
January 2, 2001 City Commission Meeting Agenda Item 7D
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of Sunny Isles
Beach. This Agreement was originally approved on September 1, 1998.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement. This is a renewal of the Agreement
entered into in 1998.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes, and
strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires, explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units, e.g., underwater recovery,
aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police
information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0942-00
RESOLUTION NO. 2001-_
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
THE CITY OF SUNNY ISLES BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
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
the City of Aventura and the City of Sunny Isles Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
, who moved its
adoption. The motion was seconded by Commissioner
, and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-
Page 2
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
MUTUAL AID AGREEMENT
Between the Sunny Isles Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of Sunny Isles
Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Sunny Isles Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration for mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and law enforcement
intensive situations, this Mutual Aid Agreement combines the elements of
both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions of situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of Sunny Isles Beach Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the City of Sunny Isles Beach
Police Department, or the Chiefs designees, and the Chief of
Police of the participating municipal police department, or the
Chiefs designees.
D. Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from whom such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, 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 equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. 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.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, 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 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 ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
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.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict 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.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2006, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this _day of
,2000.
City Manager, City of Aventura, Florida
ATTEST:
~~~~11..-
City Clerk, City of Sunny Isles Bch, FL
Rlchard Brown-Marilla
ATTEST:
City Clerk, City of Aventura, Florida
TERESA M. SOROKA, CMC/AAE
~S TO FORM AND LEGAL SUFFICIENCY:
ttorney, City of Sunny Isles Bch, FL City Attorney, City of Aventura, Florida
M. Dannheisser
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF SUNNY ISLES BEACH 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, hereto
entered into by the City of Aventura, Florida, and the City of Sunny Isles Beach,
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 multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5. Terrorist activities including, but not limited to, acts of sabotage
6. Escapes from or disturbances within detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
9. Enemy attack
10. Transportation of evidence requiring security
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its functional
objective
14. Incidents reqUiring utilization of specialized units; e.g., undelWater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime 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
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE: n(J)It-'A'-rJ.>f~ i'7; :4,cu
DATE:
~~~
Chief Sunny Isles Beach Police Dept.
Sunny Isles Beach, Florida
FRED MMS
. Q
,51 \.A.A,~L~ ..
Chief of City of Aventura Police Dept.,
Aventura, Florida
THOMAS E. RIBEL
ATTEST:
r(:~~~
ATTEST:
APPROVED AS TO FORM AND LEGAL
City CierI<, City of Aventura
. ~ES/10ROKA, CMC/ME
SUFFICIENCY~
City Attorney, City of Sunny Isles Beach
Tvn" M_ n.qnnnpiR:qer
City CIerI<, City of Sunny Isles Beach
RICHARD BROWN-MaRILLA
JOINT DECLARATION AMENDMENT UNDER
SUNNY ISLES BEACH POLlCEI
AVENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of November ~,2000, to include and permit concurrent marine patrol related
jurisdiction between agencies on the waters, waterways, canals, channels, rivers,
lakes, streams, and any and all other bodies of waters, including the Intracoastal
Waterway (ICW) that fall within either jurisdiction at this or any future time during
the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of Sunny Isles Beach
and the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the City of Sunny Isles Beach Police
Department.
,rZrlf.p4'f'..r-' ,7, .2..coC
Date
,;-~~
Christop er ,.- Russo, C:Lty Manager
Sunny Isles Beach, Florida
Date
Eric M. Soroka, City Manager
Aventura, Florida
\ :;L.1) /k#.:J
Fred Maas, Chief of Police
City of Sunny Isles Beach Police Dept.
~/"_u_ '- ..A...j'....
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
i ttorney, City of Sunny Isles Beach
Lynn M. Dannheisser
(914:Joint Declaration)
RESOLUTION NO. 2000- '2R9_
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE CITY OF A VENTURA, FLORIDA, FOR POLICE MUTUAL AID;
AUTHORIZING THE POLICE CHIEF OF THE CITY TO EXECUTE A JOINT
DECLARATION, AND TO EXECUTE A JOINT DECLARATION
AMENDMENT UNDER THE MUTUAL AID AGREEMENT AS NECESSARY
FOR THE PROTECTION OF THE CITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the responsibility of Miami-Dade County municipalities to ensure the
public safety of their citizens by providing adequate levels of police service; and
WHEREAS, the choice of existing and continuing possibility of the occurrence .of law
enforcement problems and other natural and man-made conditions which are beyond the control of
the services, personnel, equipment or facilities of the City of Sunny Isles Beach Police Department;
and
WHEREAS, the Florida Mutual Aid Act (Chapter 23, Florida Statutes) grants the City of
Sunny Isles Beach and other participating agencies the authority to enter into mutual aid agreements
in order to ensure that law enforcement agencies will be prepared to adequately address any and all
of these conditions, to protect public peace and safety and to preserve the lives and property of the
public of the City of Sunny Isles Beach and participating Miami-Dade' County municipalities;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH AS FOLLOWS:
Section I.
The City Manager is hereby authorized to execute the attached Mutual Aid
Agreement by and between the City of Sunny Isles Beach, Florida and the City of A ventura, and
authorizing the Police Chief of the City to execute a Joint Declaration, and to execute a Joint
Declaration Amendment Under the Mutual Aid Agreement as may be necessary for the protection of
R2000~ Police Mutual Aid Agmt with A ventura
Page I of2
the City, each of which are attached hereto and made a part hereof as Composite Exhibit "A".
Section 2.
In the event an immaterial change is requested in the agreement, the City Manager or
Police Chief, as the case may be, is hereby authorized to make such change. Any material change(s)
will mandate a review by the City Commission.
Section 3.
This Resolution shall take effect immediately upon adopt'
PASSED AND ADOPTED this 15th day of November
ATTEST:
'~i.~~u.c.
Ri.chard Brown-Modlla, City Clerk
"
APPROVED AS TO FOIUvI
AND LEGAL SUFFICIENCY:
yt--
David Samson, Mayor
"-I~ z}:-:'
n~r"- ~ 1. RP PR0Vl!-'i..r~{OPJLL/'..> ellS ClerK ofth."c City of
.f\.}.~....r:u ~.~ u ^"" -~" . . . -r. . t -" - 'bove awl
Swm.y Isles Bf-;2,,:;h~ Florida. do heret)Y,cer'G~)~ ~~1a _L~.e 8"" f - ".10
.- '" . g " - a 'fiU'" ~l.,d ::ClT-ect copy. of the ongmal ther....o on 11 '....
icregom :... i. "'~. -.", ~. "
in this office.
. '1 ~ -tt. . ft. ",-, ~ fl,"L-c
WITNESS, myhandthis=-cby ot ".~ ,-'
Vote: 5-0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
~(Y es)
l/(Yes)
~Yes)
..JL::'cY es)
-DYes)
R2000. Police Mutual Aid Agmt with A~'enlura
~~~~~:;~y: -2;~~,\~~lk~~ ~~~~~~
_(No)
_(NO)
_(NO)
_(NO)
_(NO)
Page 2 of2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
BY:
Brenda Kelley, Co
.Iopmon! Di~
TO: City Commission
DATE:
December 20, 2000
SUBJECT: Request of Porta Vita, Ltd. for Final Plat Approval
Aventura Fourteenth Addition (02-SUB-01)
January 2, 2001 City Commission Meeting Agenda Item '7 E
RECOMMENDATION
It is recommended that the City Commission approve the "Aventura Fourteenth
Addition" Final Plat.
THE REQUEST
The applicant, Porta Vita, Ltd., is requesting Final Plat approval of the subject
property with the intent of creating 12 townhouse units. (See Exhibit #1 for Letter
of Intent)
BACKGROUND
OWNER OF PROPERTY
LOCATION OF PROPERTY
Porta Vita, Ltd.
East Country Club Drive (see Exhibit #2 for
Location Map)
SIZE OF PROPERTY
LEGAL DESCRIPTION
Approximately 1.47 acres
A replat of Lots 1 to 8 inclusive, Block 2 and a
portion of Tract A-13 of Aventura Thirteenth
Addition according to the plat thereof as
recorded in Plat Book 146 at Page 53 of the
Public Records of Miami-Dade County, Florida
of the Public Records of Miami-Dade County,
City of Aventura, Florida
DESCRIPTION
The applicant proposes to create twelve townhouse lots in the southwest corner
of the Porta Vita development on East Country Club Drive at NE 199 Street.
There is a high-rise to the north, a group of four townhouses immediately to the
east with the mid-rise building beyond that.
This plat is a replat of the original eight townhouse lots laid out in Tract A-13 of
the Aventura Thirteenth Addition plat (See Exhibit #3 for Aventura Thirteenth
Addition). The Vested Rights Determination Agreement for Aventura
ProjectlBiscayne Village allows a maximum of 1070 units on the Porta Vita site.
There are currently 232 units within the development, comprised of 151 units the
the south high-rise, 66 units total in the two mid-rise buildings and 15 townhouse
and single family units. The north high-rise, with 122 units proposed, along with
these 12 townhouses proposed by this plat are the final buildings planned within
the development, for a total of 366 units proposed. Therefore, the twelve lots
proposed by this plat will be within the allowed number of units.
On August 4, 2000, the City approved the tentative plat for the site. The tentative
plat was approved, with standard conditions, by Miami-Dade County on August
18, 2000 and extended on November 11, 2000. The development criteria for this
site is governed by the Vested Rights Determination Agreement entered into by
the owner and the City on May 23, 2000.
ANALYSIS
Site Plan - The final plat submitted for approval conforms with the approved
tentative plat.
Zoning - The site is zoned RMF4, High Density Multi-Family Residential
District, according to the City of Aventura Zoning Map. The Vested Rights
Determination Agreement allows all uses permitted in the RMF3 district, high-rise
apartments, all uses permitted in the CF district, publicly owned recreational
buildings and facilities, and ALF. The townhouse development proposed by this
plat is a permitted use in the RMF3 district.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential.
Access _ The site may be accessed from the public road, East Country Club
Drive. The townhouse lots are accessed by the internal private roadway named
NE 199 Terrace.
2
'liimherry Jlssociates
RECEIVEO
December 7,2000
Dr:C' "
-, Q b,ll..),)
',(J
COMMUNITY
DEVELOPMENT
Via Hand Delivery
Brenda Kelley, Director
Department of Community Development
CITY OF AVENTURA
2999 N.E. 191st Street
Suite 500
Aventura, Florida 33180
Re: Porto Vita Townhouses - Final Plat
Dear Brenda:
This letter shall serve as our request for the approval of the final plat for the Porto Vita
Townhouse Development. This request is in accordance with Dade County's approval of the
Tentative Plat (8/18/2000 and extension 11/22/00) and City of Aventura approval (8/4/00)
As you know, Porto Vita is partially constructed at this time and the current submittal is a re-
plat. For your information and reference, I am attaching the Letter of Intent which was
submitted with the tentative plat application. This will provide you with an explanation and a
history of the site. As you know, Dade County has also approved our tentative plat. As soon as
the City Commission approves the final plat, we can proceed forward with Dade County and
obtain final approval and recordation of the plat.
As we have previOusly stated, although the proposed development allows for a slight increase in
the number of townhouse units, we are providing a site which has substantially less units than
what is allowed by the underlying zoning. We further believe that the quality of these
townhouses is consistent with what has already been approved and they will be compatible with
the existing development on the Porto Vita site.
In closing, we request your favorable review of this final plat action. We would be most
appreciative if this matter could be scheduled for hearing before the City Commission at
your earliest convenience.
EXHIBIT #1
02-SUB-01
Sincerely
.ii
.I
/.
Geo
jd
19501 Biscayne Boulevard. Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5511
LETTER OF INTENT
REceIVED
JUN ?'10M
May 25, 2000
COMMUIlIlY ll&V\lIoOf'MIiI
Ms. Brenda Kelley, Director
Community Development Department
City of A ventura
2999 N.E. 19] Street, Suite 500
Aventrua, Florida 33180
Re: Porto Vita
Dear Ms. Kelley:
This letter is submitted in conjunction with an application to allow for a tentative plat on
properties within the Porto Vita Development. As you know the Porto Vita Development
is located on the east side of East Country Club Drive at approximately 199th Street.
Previously this property was approved for high-rise, mid-rise and townhouse type units.
The present application proposes what is in effect a replat of the property. Previously the
area of this application was platted to allow for eight townhouse units. The present
application would allow for a replat to create twelve units. These units are architecturally
compatible with the existing units within the site. We believe also that the basic
development is consistent with the prior approval although it does allow for an additional
four units.
The roadways and existing perimeter boundaries do not change. The area of the
proposed replat is at the southwest portion of the site. There is a high-rise which is
located to the north. An existing group of four townhouses is to the immediate east with
a mid-rise building beyond that. This particular property is on the south side of the
intemalloop road and adjacent to the waterway. The impact of these additional four
units should be minimaL In fact the overall site when completely developed will be
substantially less than allowed by the criteria book for development and also the land
development regulations for the City of Aventura. As such even with this minor increase
of four units the overall permitted density will not be achieved. In fact the entire site
when fully developed will be substantially below what would be allowed by the
development criteria for this parceL
Based upon the foregoing information we believe that the replat is minimal and request
your favorable review of this matter at your earliest convenience.
S'",=lyyo=, A
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,
RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AVENTURA
FOURTEENTH ADDITION, BEING A REPLAT OF LOTS 1
TO 8 INCLUSIVE, BLOCK 2 AND A PORTION OF TRACT
A-13, AVENTURA THIRTEENTH ADDITION, PLAT BOOK
146, PAGE 53, LYING IN THE SW '!. OF SECTION 35,
TOWNSHIP 51 SOUTH, RANGE 42 EAST AND THE NW'I.
OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Porta Vita, Ltd., by and through Application No. 02-
SUB-01, has requested Final Plat approval for Aventura Fourteenth Addition, being a
replat of Lots 1 to 8 inclusive, Block 2 and a portion of Tract A-13 of Aventura
Thirteenth Addition, Plat Book 146, Page 53, lying in the SW Y. of Section 35, Township
51 South, Range 42 east and the NW Y. of Section 2, Township 52 South, Range 42
East, City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated
herein by reference and made a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
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:
Resolution No. 2001-
Page 2
Section 1. The Final Plat approval for Aventura Fourteenth Addition, more
particularly described as:
A replat of Lots 1 to 8 inclusive, Block 2 and a portion of Tract A-13 of
Aventura Thirteenth Addition according to the Plat thereof recorded in Plat
Book 146, Page 53, of the public records of Miami-Dade County, lying in
the SW Y. of Section 35, Township 51 South, Range 42 east and the NW
y. of Section 2, Township 52 South, Range 42 East, City of Aventura,
Miami-Dade County, Florida
Is hereby granted exclusively to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
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 Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-_
Page 3
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
,2001.
CITY CLERK
day of
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
City Commission
Eric M. Soroka, ~it. ~ge
~~~(!
Harry M. Kilgore, Finan e Su port Services Director
BY:
DATE: December 27,2000
SUBJECT: End of Year Budget Amending Ordinance
1st Reading January 2, 2001 City Commission Meeting Agenda Item 7 r:
2nd Reading February 6, 2001 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 1999/2000 budget.
Background
As you are aware, we are in the process of closing the books for the 1999/00 fiscal year.
We are now to the point where we can formally amend the budget so that the adopted
budget contains appropriations sufficient to cover all actual expenditures. The process is
called the end of year "clean up" amendment and is done as a matter of course each year.
I will briefly discuss those areas requiring amendment. In general, we need to adjust the
salary budget in most departments in order to record the current portion of compensated
absences. Compensated absences involves calculating the dollar value of accrued
vacation and sick leave at September 30th of each year. The portion which is estimated to
be paid within one year is considered a current expenditure of each department. This
need to amend the budget was discussed last March when we presented the 1998/99
CAFR and auditor's management letter comments. This is the reason for increases in the
salary line item for the City Manager, Police, Community Development and Community
Services departments.
For the City Manager's Office, newsletter costs were higher than projected due to updates
to the web page and increased promotional activity.
For the Police Department, gas & oil was higher than projected due to significant increases
in cost per gallon of gasoline. Repair & Maintenance of vehicles accounted for the balance
of the budget amendment.
Page (2)
End of Year Budget Amending Ordinance
The Community Development Department required amendments for Building Inspection
Services and Other Professional Services as a result of higher building activity than was
projected. The increase in expenditures is more than offset by increased revenues from
Building Permits and Development Review Fees.
Community Services requires the largest budget amendment. A portion is to cover the
Cultural Center Feasibility Study which was not contemplated when the budget was
adopted. A large portion of the increase is due to the costs of repairs resulting from
Hurricane Irene (October '99). We received $106,000 reimbursement from FEMA and the
State. However, they cover only 82.5% of eligible expenses. We incurred significantly
more costs in non-eligible areas. For example, FEMA does not cover replacement of
damaged plant material and groundcover. This resulted in the majority of the over
expenditures in account numbers 3450, 3460, 4672 and 4691. Utilities - Street Lights was
the result of new areas being added to the City's account. Special Events and
Culture/Recreational Programs experienced greater than anticipated demand. A portion of
the increased cost is offset by additional revenues.
The amendment to the Police Off Duty Service Fund is due to higher demand for off-duty
services than was anticipated when the budget was prepared. Since we bill out services to
the entities which request these services, the increased expenditure is directly offset by
off- duty billing revenue.
Although the increase in expenditure appropriations per this Ordinance is significant, it is
more than offset by revenues being greater than projected. Therefore, fund balance
carried over for the 2000/01 Fiscal year will be greater than projected. I recommend
adoption of the Ordinance.
If you have any questions please feel free to call or stop by my office.
HMKlmn
ORDINANCE NO. 2001-_
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
1999/2000 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.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1999/2000 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 99-13, which Ordinance adopted a budget for the 1999/2000 fiscal year,
by revising the 1999/2000 budget as set forth on the attached Exhibit "A", which exhibit
is deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2001-
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The
Ordinance
was
foregoing
offered
by
Commissioner
, who moved its adoption on first reading. This motion was
seconded by Commissioner
, and upon being put to a vote, the vote
was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on second reading. This motion was
seconded by Commissioner
vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
and upon being put to a vote, the
PASSED AND ADOPTED on first reading this 2nd day of January, 2001.
2
Ordinance No. 2001-_
Page 3
PASSED AND ADOPTED on second reading this 6th day of February, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
3
OBJECT
COOE CATEGORY
REVENUES
3142000
3211000
3221000
3312910
3471000
3425000
LocallY Levied Taxes
Utility Tax-Telecommunications
SUBTOTAL
Licenses & Pennlts
Occupational Lic&nses
Building Permits
SUBTOTAL
Interaovemmental Revenues
FEMA Reimbursements
SUBTOTAL
Charaes for Services
RecJCultural Events
Development Review Fees
Total Amendment Revenues
EXPENDITURES
1201
4710
1201
4610
5220
City Manaaer
Salaries & Wages
Newlette< Cost
Subtotal
Public SafetvlPoIlce
Salaries & Wages
Repair & Malnt-Vehlcles
Gas & 011
Subtotal
General Fund - 001
1999100 .
ADOPTi:D
. BUDGET
1"9100
AMENDED
AMOUNT
1999/00
REVlSIi:D
BUDGI!T
755,000
157,000
912,000
t,.,::::tM HH!l, HH!l~.~!!i!:H: H::]:,." "'!::~1~q~::
558,000
813,000
60,000
403,852
618,000
1.216,852
:~! !::'Mn;!#i~H: HH~ :H:'::~;#~H ><~] :;::~:~;#~#~Z,::
o
106,000
106,000
:~;:::H:
:1~m''''::H'H~> :H::::~~m:
:;:;::;:;::;,;.;:;:::;;.,.."
HMU...
35,000
30,000
15,000
50,000
50,000
60,000
:t:H :::U~~.~:H
:~<<
:;::::::;,
IT:HH:~l#
\HH
:'::~:'::::"':::~~~':
.:::::tiH'.#~'
$ 283,357
32,ODD
.!CC:~~~~~;::: . . /:::JU
2,633
10,300
::':Hd~;~~':):
::/~U
285,990
42,300
"',/~~~::
3,435,449
6O,ODD
6O,ODD
:*:C:liil;~::...
22,233
27,000
25,000
/:t~~~
3,457,682
87,000
85,000
:C'lfC >H:lJ,$,~::
,:,:':$:,;""
1201
3101
3190
1201
3155
3450
3460
4311
4672
4691
4850
4851
Community OeveloDment
Salaries & Wages
Building Inspection Services
Professional Serv-Other
Subtotal
CommunItY Services
Salaries & Wages
Cultural Center F....lblllty Study
LandscapelTree Malntenance-St.
Street/Drainage Malnl
UtIl1tles-5treet LIghts
R&M-Parks
R & M - Streets
Special Events
CuhurelRec Programs
Subtotal
Total Amendment-Expenditures
OBJECT
CODE
381,180
650,000
20,000
Hi :ii::j,!mi;~~~:
".;.:'::::
;.:.:::::;:
353,474
o
760,GOO
100,000
60,GOO
25,000
30,000
55,GOO
30,000
$:~:~*,,((:::jr
1,203
250,000
25,000
J: :'iH:~im:/ :'HJ:
2,103
27,380
140,000
100,000
30,000
20,000
25,000
4O,GOO
44,000
:(>>~:
:H/,::
" ::::i,:,rm#~
.:...............,."',',':.,,'..:
:'....:..'.,..:..:.:.........;....:"
CATEGORY
Police Off Duty Services Fund
.1"*00 1999/00
ADOPT~D AMENDED
BUDGeT AMOUNT
382,383
800,000
45,000
..,....".
"""';;;'.;;i;i'..",'
:i:~ii::'lj'!fIfi~:j~!'I'::!
355,517
27,380
890,GOO
200,000
90,000
45,000
55,000
95,000
74,000
iU:~:~rt~:
1999/00
REVISED
BUDGET
REVENUES
3421100
Charaes for Services
Police Off Duty Billing
SUBTOTAL
Total Amendment Revenues
EXPENDITURES
1420
2101
2401
Public Safety Doparbnent
Off Duty Detail
FICA Taxes
Workers Compensation
Total Amendment-Expenditures
383,000
87,000
'$:::>~,'@
330,000
27,000
26,000
:$ i,i"',,:'~!~'
70,000
5,000
12,000
470,000
400,000
32,000
38,000
:$' ::':'Hi:':~!~~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: December 26,200
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
Town of Golden Beach
January 2, 2001 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Town of Golden
Beach. This Agreement was originally approved in 1998.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement. This is a renewal of the Agreement
entered into in 1998.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes, and
strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires, explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units, e.g., underwater recovery,
aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police
information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0943-00
RESOLUTION NO. 2001-_
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
THE TOWN OF GOLDEN BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
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
the City of Aventura and the Town of Golden Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
, who moved its
adoption. The motion was seconded by Commissioner
, and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-_
Page 2
PASSED AND ADOPTED this 2nd day of January, 2001.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO:
FROM:
Eric M. Soroka, City Manager
Thom~police
RE:
Mutual Aid Agreement
DATE:
December 20, 2000
Attached are four original sets of the Mutual Aid Agreement renewal between the
Town of Golden Beach Police Department and the Aventura Police Department.
These documents all have original signatures affixed by Golden Beach officials,
together with a copy of their Town Resolution.
Please have these document packages processed, as required, and executed by
City of Aventura officials. Upon completion, please return the necessary
documents to us for forwarding to Golden Beach so that this Agreement may
continue without interruption.
Thank you.
TERph
Attach.
GOLDEN BEACH
POLICE DEPARTMENT
One Golden Beach Drive
Golden Beach, Florida 33150
Website: http:$egi1!.Firn,edu/muni/goldenbch/
Hernan D.Cardeno
Chief of Police
December 15, 2000
(305) 935-2444 Ext; 15
Fax (305) 932-2045
Thomas E. Ribel
Chief of Police
Aventura Police Department
2960 Aventura Boulevard
Aventura, F~/),31~9 ~
Dear Chief'Ribe(l6 r
/
Enclosed are four signed original sets of the Mutual Aid Agreement, Joint
Declaration, and Amendment between the City of Aventura and the Town of Golden
Beach. A copy of our Resolution approving this agreement is also enclosed.
As you stated in your letter regarding this subject, we will expect the return of two
of these sets once executed by A ventura officials.
Sincerely,
(:~.~u~,
Hernan D. Cardeno
Chief of Police
Ijb
Enclosures
"Working in Part:nership with our Commumty"
Professional Associations
@....'.""""."
'~"
1 .. .~
~g
~ .~
- :::~~~..
GOLDEN BEACH, FLORIDA
RESOLUTION NO. 127" 00
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF GOLDEN BEACH FLORIDA, APPROVING A
MUTUAL AID AGREEMENT WITH THE CITY OF
A VENTURA, FLORIDA, FOR LAW ENFORCEMENT
SERVICES; INCLUDING MARINE PATROL
PROVISIONS, AUTHORIZING THE APPROPRIATE
TOWN OFFICIALS TO EXECUTE THE AGREEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the continuing possibility exists that public safety concerns could
cause the Chiefs of Police of City of A ventura or Golden Beach to seek additional
resources for law enforcement purposes on a short-term basis.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
GOLDEN BEACH, FLORIDA AS FOLLOWS:
C;;..ctinn 1 That the Mutual Aid Agreement between the Town of Golden Beach
and City of A ventura for the period of January 1, 2001 through January 1, 2006, is
hereby approved.
C;;..ctinn '} That the Mutual Aid Agreement will include and permit concurrent
marine patrol related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes streams, and any and all other bodies of waters, including the
Intercoastal Waterway and that fall within either jurisdiction at this or any future time
during the term of this Mutual Aid agreement.
C;;..ctinn 1 The Mayor and other Town officials are authorized and directed to
execute this agreement.
Page 1 of 2
Resolution No. 1275.00
Section 4. Severability. Should any provisions of this Resolution be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the validity of
the Resolution as a whole, or any part thereof, other than the part declared to be
invalid.
Section 5. Conflict. That all resolutions or parts of resolutions in conflict with
this Resolution are hereby repealed to the extent of such conflict.
Section 6. Effective Date. That this Resolution shall become effective upon
approval of the Town Council.
The Motion to adopt the foregoing Resolution on was offered by Mayor
Addicott, seconded by Councilwoman Chikovsky and on roll call the following vote
ensued:
Mayor Addicott
Vice Mayor Feinman
Councilwoman Chikovsky
Councilman Einstein
Councilman Paruas
AYE
AYE
AYE
ABSENT
AYE
PASSED AND ADOPTED on second reading this 9th day of November, 2000.
~.
I OUt) t. W AfC fJ'LO-..
R EMARY ~CURA
INTERIM TOWN CLERK
!-I5'-r1{J
ICHAEL ADDlCOTI
APPROVED AS TO FORM
AND LEGAL S FFICIENCY
EDW ARD P KREILING
TOWN A TIORNEY
Page 2 of2
Resolution No. 1275.00
MUTUAL AID AGREEMENT
Between the Golden Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the Town of Golden
Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the Town of Golden Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration for mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and law enforcement
intensive situations, this Mutual Aid Agreement combines the elements of
both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions of situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
,
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
Town of Golden Beach Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the Town of Golden Beach
Police Department, or the Chiefs designees, and the Chief of
Police of the participating municipal police department, or the
Chiefs designees.
D. Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from whom such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, 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 equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. 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.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, 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 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 ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
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.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict 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.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2006, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10.
Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
NOWLEDGED this _day of
,2000.
7. (o? ..()()
of Golden Beach, Florida
City Manager, City of Aventura, Florida
ATTEST:
UL
City Clerk, City of Aventura, Florida
TERESA M. SOROKA, CMC/AAE
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
, "
" ,
Town Attorney, ow of Golden Beach, Florida
City Attorney, City of Aventura, Florida
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JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE TOWN OF GOLDEN BEACH 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, hereto
entered into by the City of Aventura, Florida, and the Town of Golden Beach,
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 multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5. Terrorist activities including, but not limited to, acts of sabotage
6. Escapes from or disturbances within detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
9. Enemy attack
10. Transportation of evidence requiring security
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its functional
objective
14. Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime 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
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE: DEe 06 2008
~U~
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DATE:
~~
Chief of City of Aventura Police Dept.,
Aventura, Florida
THOMAS E. RIBEL
Chief ofTown of Golden Beach Police Dept.
Golden Beach, Florida
HERNAN D. CARDENO
ATTEST:
City Clerk, City of Aventura
TERESA M. SOROKA, CMC/AAE
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JOINT DECLARATION AMENDMENT UNDER
GOLDEN BEACH POLlCEI
AVENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of November _' 2000, to include and permit concurrent marine patrol related
jurisdiction between agencies on the waters, waterways, canals, channels, rivers,
lakes, streams, and any and all other bodies of waters, including the Intracoastal
Waterway (ICW) that fall within either jurisdiction at this or any future time during
the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the Town of Golden Beach and
the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the Town of Golden Beach Police Department.
DEe 08 2000
Date
Date
Eric M. Soroka, City Manager
Aventura, Florida
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Hernan D. Cardeno, Chief of Police
Town of Golden Beach Police Dept.
Thomas E. Ribel, Chief of Police
City of Aventura Police Dept.
(914:Joint Declaration)
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CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, City
Community serv~
TO: City Commission
BY:
DATE: December 18,2000
SUBJECT: Bid No. 00-10-26-02 Gazebo at Founders Park Construction
January 2, 2001 City Commission Meeting Agenda Item (7 H-
Recommendation
The City Commission adopt the attached Resolution awarding Bid No. 00-10-26-02
Bandstand (Gazebo) at Founders Park to the lowest responsible and responsive
bidder, BRC Construction Company, Inc. for the price of $306,529.00. Although the
terms bandstand and gazebo have been used interchangeably in this project, the scope
and design of the gazebo has not been changed.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on November 2, 2000. The Finance Support Services Director,
City Attorney and consulting engineers prior to advertising for bids, reviewed all
contract specifications.
Based upon our consulting engineer and architect's construction estimates, the initial
budget for construction was $160,000. As part of our efforts to obtain the lowest prices,
this project has been advertised for bid three times. The bids have consistently come
in over budget. The project can be funded using the following appropriations.
. $161,000 from General Fund
. $184,000 from the Park Development Fund
City Commission
December 18, 2000
Page Two
We anticipate the following construction schedule:
· January 3 - February 14, 2001:
documentation and permits.
Contractor to secure all necessary
· February 15, 2001: Notice to proceed issued. (Contract provides Contractor
with 120 days to finish construction.)
. June 15, 2001: Substantial Completion
Due to the nature of construction, as well as liability concerns, it will be necessary to
close the Bayside portion of Founders Park while the gazebo is under construction. If
additional information is needed, please feel free to contact me.
RMS/gf
Attachments
RMS00139
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RESOLUTION NO. 2001-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 00-10-26-2 BANDSTAND AT FOUNDERS PARK AT THE
BID PRICE OF $306,529 TO BRC CONSTRUCTION CO., INC;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 00-10-26-2, BANDSTAND AT
FOUNDERS PARK; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projecUwork as cited above; and
WHEREAS, staff has determined that BRC Construction Co., Inc., has submitted
the lowest responsible and responsive bid for said projecUwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for Bid No. 00-10-26-2 BANDSTAND AT
FOUNDERS PARK, is hereby awarded to BRC Construction Co., Inc., in the amount of
$306,529.00.
Resolution No. 2001-
Page 2
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 001-8050-572-6310 and the Park Development Fund Line
Item No. 170-5001-572-6310.
Section 5: This Resolution shall be effective immediately upon its adoption.
resolution was offered by Commissioner , who
adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
The foregoing
moved its
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Resolution No. 2001-
Page 3
PASSED AND ADOPTED this 2nd day of January, 2001
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF A VENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
City Commission !r
Eric M, Soroka, City a ge
'-T~ t:- .
Harry M. Kilgore, Finane Su port Services Director
BY:
DATE: December 27,2000
SUBJECT: Budget Amending Ordinance
1st Reading January 2, 2001 City Commission Meeting Agenda Item II r
2nd Reading February 6, 2001 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2000/2001 budget.
Back~round
The attached Ordinance serves two purposes. First, it re-appropriates money for Capital
Projects which were budgeted in 1999/00 but not complete at September 30,2000 to the
2000/01 fiscal year budget allowing the projects to be completed. Secondly, the
Ordinance establishes the budget for the debt service costs and debt proceeds relating to
the Bank Qualified Loan which was approved in October and November, 2000.
I will briefly discuss the major portions of the amendment. Community Services Capital re-
appropriations includes $250,000 in the Beautification Projects account to move the
Aventura Boulevard South Entrance Feature forward so that the North (budgeted in
2000/01) and South can be completed as one project.
The balance in the Aventura Founders Park line item ($131,000) is also moved forward to
the next year. This amount, plus the $184,000 appropriated in the Park Development
Fund, will cover the contract ward for the bandstand at the Park. Similarly, the balance in
the Waterways Park Improvements is carried forward in order to allow contract award in
2000/01.
The Government Center appropriation in the General Fund was not expended and is
carried forward to fund the final portion of that project. In addition, the interest earnings in
the Capital Construction Fund in 1999/00 are $250,000 more than projected. That amount
is appropriated to be expended on the project pursuant to bond covenant.
Page (2)
Budget Amending Ordinance
The balance of the budget amendment relates to the Bank Qualified Loan which was
closed early this fiscal year. The loan included a covenant to budget and appropriate for
debt service and to make payments in April and October each year. The $487,900
included in the General Fund and the revenues and expenditure in the 2000 Loan debt
Service Fund are required to meet these obligations.
In order to expend the monies obtained from the loan, we need to adopt the Budget for the
2000 Loan Project Fund (Fund 340). The amount showing for Waterways Park
Improvements and Millennium Park Improvements are very rough "questimates". We can
legally expend money on both of these projects. We will allocate between the two
accounts based on Commission actions (Le. land acquisition, construction contracts) in the
futu re.
Since the Capital Re-appropriations are simply carrying unspent appropriations from one
year to the next, this has no impact on future budgets. The changes relating to the 2000
Loan are done to formalize Commission actions when they approved the Loan. I,
therefore, recommend approval of the Ordinance.
HMK/mn
ORDINANCE NO. 2001-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2000-25, WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2000/2001 FISCAL YEAR BY REVISING THE
2000/2001 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.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2000/2001 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2000-25, which Ordinance adopted a budget for the 2000/2001 fiscal
year, by revising the 2000/2001 budget as set forth on the attached Exhibit "A", which
exhibit is deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2001-
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The
foregoing
Ordinance
was
offered
by
Commissioner
, who moved its adoption on first reading. This motion was
seconded by Commissioner
, and upon being put to a vote, the vote
was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on second reading. This motion was
seconded by Commissioner
vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
and upon being put to a vote, the
PASSED AND ADOPTED on first reading this 2nd day of January, 2001.
2
Ordinance No. 2001-_
Page 3
PASSED AND ADOPTED on second reading this 6th day of February, 2001.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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CODE
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CATEGORY
General Fund. 001
~
ADOPTED .
BUDGET
2l101JIG1
AME8Dl:!D
AMotmT
2llOO1G1
REVISED
BUDGET
REVENUES
Non-Revenue
3699000 Carryover
6,000,000
2,007,018
8,007,018
SUBTOTAL
ji:;:;:~,~!@H:::U$ '::::@ilii!i"1!:W:H:::'~::!:':::~im,~j~:'
Total Amendment Revenues
.;~:ili\t,~j~.:
EXPENDITURES
OPERATING EXPENDITURES
9124
Non Departmental 9001-590
Trans 2000 Loan Debt Serv Fund
Subtotal
o
'$":
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487,900 487,900
.. .m,*\rH*:U:Um:~jjlr
6401
8410
CAPITAL BUDGET
PROJECT APPROPRIATIONS
001-80XX
Finance SuPPOrt Sorv.1D-513
Computer Equipment
OIIIce Equipment
Subtotal
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9,118
8,000
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;:;:';:;:;';.,.;:;:;
9,118
8,000
"H~"m::
6301
6310
6322
Community Services -50-539/841/872
Beautification Projects
Aventura Founders Park
Waterways Park Improvments
Subtotal :.:::
1,150,000
o
o
"jMt'@H
250,000
131,000
144,000
:HU),ij;@;':
1,400,000
131,000
144,000
j:ml~:
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H.:
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6201
Non Della_ental 8090-890
Government Center
500,000
980,000
1,480,000
l;" :U@~;,'::!l;:!: :H'Hi.~" H!'H".:: HHj:~;~::
Subtotal
Total Amendment-Expenditures
Hl', :H':~im;#~i(
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Park Development Fund 170
2000101 . 2000101
ADOPTED AMENDED
BUDGET AMOUNT
OBJECT
CODE CATEGORY
2000101
REVISED
. BUOOET
REVENUES
Non Revenue
3999000 Carryover
SUBTOTAL
Total Amendment Revenues
EXPENDITURES
6310
170-5001-
Community Services - 512
Aventura Founders Park
Subtotals
Total Amendment-Expenditures
500,000
184,000
:~ ':"U':~~;#W:
,~)H"~~i#~::
$ "UUj~i#W
$1iiiol,q~
184,000
684,000
184,000
184,000
184,000
"..,.".....
...............
$)>~~i~AA:
2000 LOAN DEBT SERVICE FUND
2OOOIOt 2~1
ADOPTED AMefDED
BUDGET AMOUNT
OBJECT
CODE CATEGORY
2000101
REVISED
BlIDGET
REVENUES
3611024
Miscellaneous Revenues
Int Earnings Debt Sarv Res. Fnd
SUBTOTAL
3811001
Non Revenue
Transfer from General Fund
SUBTOTAL
Total Amendment Revenues
o
22,094
,~:H~i~jl.i,:
o
487,900
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22,094
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487,900
EXPENDITURES
240-9001
Non-Departmental-590
Principal Payments
Interest Payments
7130
7230
220,000
289,994
220,000
289,994
Subtotals
..............
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Total Am8ndm8nt~Expendltures
.,~,:,~,#~
OBJECT
CooE
CAPITAL CONSTRUCTION FUND 320
2000101 2000101
. ADOPTED AMEJlCDEO
CATEGO~Y . BUDGET . AMOUNT
2OOl)fQ1
REVISED
BUDGET
REVENUES
Non Revenue
3999000 Carryover
o
250,000
250,000
..............
'$".;;.~~M~
SUBTOTAL
Total Amendment Revenues
...............
$)i@~~
EXPENDITURES
320-9001-
Non~DeDartmental.590
Government Center
30,000
250,000
280,000
6201
Subtotals
30,000
250,000
280,000
Total Amendment-Expenditures
$#!Iil;Q~
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2000 LOAN PROJECT FUND 340
2(100I01 2(100I01 .
ADOPTED AMENDED
BUDGET AMOUNT
OBJECT
CODE CATEGORY
2000101
REVISED
BUDGET
REVENUES
3611000
3842000
Miscellaneous Revenues
Interest Earnings
SUBTOTAL
Non Revenue
Debt Proceeds
SUBTOTAL
Total Amendment Revenues
EXPENDITURES
340-
Non-Departmental 9001-590
Transfer to Debt Sarv. Res Fund
9194
6203
6205
Subtotals
Community Services 5001-572
Waterways Park Improvements
Mllllneum Park Improvements
Subtotals
Total Amendment-expenditures
o
100,000
100,000
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6,555,000
..~:.:H~i#~i~~~:
500,000
..............
j::H~;iI~
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6,555,000
:.~.'.H::~;~AA
2,100,000
4,055,000
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...............
$/~,~!lj@W
500,000
.........,.........
.~? H//mi9llii
2,100,000
4,055,000
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
City Commission h
Eric M. Soroka, City trage
\
December 27, 2000 .
DATE:
SUBJECT: Recommendation to Award RFQ 00-11-22-2 Charter School
Assessment/Feasibility Study
January 2, 2001 City Commission Meeting Agenda Item 7 J
Recommendation
It is recommended that the City Commission award the contract for RFQ 00-11-22-2,
Charter School AssessmenUFeasibility Study, to Charter Schoolhouse Developers, Inc.
Backqround
On November 22, 2000, in accordance with RFQ 00-11-22-2, the City received the
following responses:
Charter Schoolhouse Developers, Inc
Edison Schools
On December 19, 2000, Kathy Wilbur and I interviewed the two firms. Although it was
an extremely difficult choice, we are recommending Charter Schoolhouse Developers,
Inc. be awarded the contract. Due to the issues relating to the acquisition of property,
we chose Charter Schoolhouse Developers, Inc. for their familiarity with the City's land
availability issues, local experience and affiliation with Charter Schools USA Charter
Schools USA will be part of the team and will review operational issues as part of the
feasibility study. There is no charge to the City for the study. However, in the event the
City proceeds with a Charter School, the study's costs could be reimbursed at a later
date from state grant funding.
The study should be complete in 60 days.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING CONTRACT FOR RFQ NO. 00-
11-22-2, CHARTER SCHOOL ASSESSMENT/FEASIBILITY STUDY,
TO CHARTER SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant
to the various laws of the State of Florida and the Code of the City of Aventura,
properly solicited and accordingly accepted proposals for RFQ NO. 00-11-22-2,
Charter School AssessmenUFeasibility Study; and
WHEREAS, the City Commission, upon the recommendation of the City
Manger, is desirous of awarding said contract to Charter Schoolhouse Developers,
Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1: The contract for RFQ NO. 00-11-22-2, Charter School
AssessmenUFeasibility Study, is hereby awarded to Charter Schoolhouse
Developers, Inc.
Section 2: The City Manager is hereby authorized to execute, on behalf of
the City, the attached contract by and between the parties.
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 in awarding
this bid/contract.
Section 4: This Resolution shall be effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Resolution No. 2001-_
Page 2
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED THIS 2nd day of January, 2001.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
REQUEST FOR QUALIFICATIONS
00-11-22-2
Charter School Assessment! Feasibility Study
SUBMITTAL DATE: November 22,20002:00 P.M.
REQUEST FOR QUALIFICATIONS
RFQ #00-11-22-2
CITY OF AVENTURA
Charter School Assessment! Feasibility Study
The City of Aventura, Florida is seeking qualified firms that have successfully organized,
developed, staffed and operated charter schools to perform a charter school
assessment/feasibility study for an elementary school to be located in the City of
Aventura.
Interested firms should pick-up the request for qualifications package at the following
location:
Office of the City Manager
City of Aventura
2999 N. E. 191 Street
Suite 500
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on November 22, 2000 and clearly
marked on the outside "Charter School Assessment/Feasibility Study". Late
submittals will not be accepted.
~
SUBJECT:
OPENING DATE & TIME:
REQUEST FOR QUALIFICATIONS
Charter School AssessmenUFeasibility Study
November 22,2000 @2:00 P.M.
SUBMIT TO:
Office of the City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
ISQ NUMBER:
00-11-22-2
INTENT
The City of Aventura, Florida is seeking qualified firms that have successfully organized,
developed, staffed and operated charter schools to perform a charter school
assessmenUfeasibility study for an elementary school to be located in the City of
Aventura.
The study should address the following areas:
1. Site locations
2. Parent and student demand
3. Funding expectations
4. Estimated construction and operating budgets
5. Governance issues
6. Operational issues
7. Land costs
8. Any and all other issues relevant for the City to consider in its decision on
whether to sponsor a charter school.
QUALIFICATIONS
The proposal to be submitted by interested firms shall contain the following information:
1. Provide brief examples of at least three other studies that the firm has worked on in
the last five years.
2. Background and experience in the establishment of a charter school including
designing, financing, operating and maintaining the facility.
3. Past project experience of all individuals to be associated with the study and include
organization chart.
4. Type of organization (i.e., individual, partnership, corporation, joint venture, etc.),
year established, and address of home office if different than above.
5. Principals of the firm.
6. Proposed time schedule for completion of the project.
7. Fees
QUESTIONS
Questions concerning this RFQ should be directed in writing to:
Eric M. Soroka, City Manager
City of Aventura
2999 NE 191 Street, Suite 500
Aventura, FL 33180
Fax (305) 466-8919
Issues of substance that are brought to the attention of the City will be responded to in
writing, and copies provided to all firms who have received copies of the RFQ.
CITY'S RIGHTS
The City of Aventura reserves the right to accept or reject any and/or all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services.
All materials submitted in response to the RFQ become the property of the City of
Aventura and will be returned only at the option of the City. The City has the right to
use any or all ideas presented in any response to the RFQ, whether amended or not,
and selection or rejection of the Submittal does not affect this right, provided however,
that any submittal that has been submitted to the City Manager's Office may be
withdrawn prior to submittal opening time stated herein, upon proper identification and
signature releasing submittal documents back to consultant.
SUBMISSION REQUIREMENTS
Four (4) copies of the RFQ package shall be submitted to the City.
III
The City of A ventura
Requestfor Qualifications
ISQ Number: 00-11-22-2
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Table of Contents
Section
Letter of Interest ____n________n________n_________n_________________________n_________________ I
Executive S ummary ------------------------------------------------------___________________n__ 2
StuclJl Elxarnr>les ---------------------------------------------------------------------------------- 3
Background & Experience ______n________n___________n__n__n________n________________nn_ 4
Principal Biographies ancl Organization Chart ----------------------------------------------- 5
llilIle ~cl1eclule ------------------------------------------------------------------------------------ 6
I'ees ------------------------------------------------------------------------------------------------ 7
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November 22,2000
Mr. Eric M. Soroka, City Manger
Office of the City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
A ventura, Florida 33180
Dear Mr. Soroka:
It is our understanding that the City of A ventura is seeking qualified firms to perform an assessmentlfeasibility
study for an elementary charter school to be located within your city. With the overcrowded public education
system and the district's challenge to meet the educational demands with its long-term school development
schedule, a charter school is an excellent solution for families in the City of A ventura.
The key to a successful charter school is an efficient and effective development and management team. Charter
Schoolhouse Developers, Inc. in association with Charter Schools USA (CSUSA), one of the nation's leading
and fastest growing development and management companies of charter schools, can provide a comprehensive
turnkey school facility and ongoing education management services to serve the students of Aventura.
Enclosed for your review is our qualification package including background experience, past project
experience, and key personnel. Please feel free to contact us for additional information.
We welcome the opportunity to work with you to make your vision a reality.
Sincerely,
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Jonathan K. Hage
President & CEO
Charter Schools USA
Joaquin G. Avino, PE, PLS
President
Charter Schoolhouse Developers, Inc.
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Executive Summary
The education industry in the U.S. has gone through some innovative changes over the past few years due to the
desire to create a better-educated individual. Changes in demographics, enhanced technology, on-going growth,
privatization, and consolidation have all been major contributors to this evolving phenomenon.
Charter schools, sometimes referred to as independent public schools, which are sponsored by local or state
education organizations and free of the usual bureaucratic red tape, have become a viable solution to the desire
to improve education in this country. Growing from I to approximately 1,700 in 36 states and the District of
Columbia, charter schools are quickly becoming commonplace.
Out team, Charter Schools USA, Charter Schoolhouse Developers, Inc. and Wolfberg Alvarez and Partners will
show how we can help you assess the need, develop, build and manage an elementary charter school for the
City of A ventura. Efficient and effective development and management is the key to a successful charter
school. Charter Schools USA and Charter Schoolhouse Developers, Inc., are one the leaders in developing and
operating schools for municipalitieslgovernment agencies like yourself, as well as for corporations, developers
and non-profit organizations. Together we will provide you with all answers to your charter school related
questions, fully assess all your options and propose the best solution for your city.
We, at Charter Schools USA and Charter Schoolhouse Developers, Inc., have been involved in the creation of
over ISO state-of-the-art educational facilities. Furthermore, we have assessed, developed and/or operated over
a dozen charter schools throughout Florida. Our team has experts in all of the necessary disciplines to make
your school facility the new hallmark of learning. As Governor Jeb Bush said in his dedication of the new
Ryder Charter School: "We are on the verge of a 'Renaissance in education and a Renaissance in respecting the
next generation' far better than we have in the past. We look forward to working with you to make that dream
come true."
Charter Schools USA and Charter Schoolhouse Developers, Inc., will shoulder all the burdens of developing,
managing and operating a charter schools so YOU can focus on what is important - educating the youth of the
City of Aventura.
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Mission
Education Innovators Dedicated To Increasing
Academic Opportunities, Standards And
Performance.
Vision
We provide premier educational services, drive academic
excellence in the Charter School movement, create a
powerful plaiform for profound educational reform in the
United States and positively impact learning practices
worldwide to elevate the human condition.
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Study Examples
Charter Schools USA and Charter Schoolhouse Developers, Inc., has collectively been involved in the creation
of over 150 state-of-the-art educational facilities and over a dozen charter school assessments and/or operations
of charter schools. Together the team brings experience in every aspect of designing, building, managing and
operating the activities for a charter school.
The assessment phase is where the viability of the proposed project is measured. This study will provide the
City of Aventura with the necessary information to make a sound decision whether you are prepared to sponsor
a charter school and if a charter school is in demand. If the assessment does not demonstrate that the charter
school would attract the required enrollment, we will recommend that you abandon or postpone the project.
Information generally provided in the Assessment includes the following, this list is not inclusive. We can
accommodate any special requests.):
. Suitable Site Locations
. Demographics and Current Student Feeder Patterns
. Parent and Student Demand/Scientific Polling
. Overcrowding Statistics
. School District SupportlResponse
. Department of Education Support/Response
. Funding ExpectationslNeeds
. Estimate Construction and Openings Budgets
. Timing/Opening
. Number of Students
. Governance, Insurance
. State, Local and Federal Compliance Requirements
. Operations Issues: Transportation, Lunches, Sports, Band, etc.
. Local, State and National Political and Legislative Issues Affecting a Charter School
. Any and all other Issues Relevant for the Client to Consider in Making a Decision to Sponsor a Charter
School or Not
Assessment and Feasibility studies have been provided to all of our current clients, as well as for several local,
municipalities, corporations and non-profit boards. Three examples of assessment studies Charter Schools USA
has completed are: The City of North Lauderdale, The Broward Sheriffs Office and The Miami
Downtown Development Authority.
Example # 1
The City of North Lauderdale
Assessment and Feasibility Study
Charter Schools USA
January 13, 1998
The Assessment and Feasibility study for the City of North Lauderdale included six major sections: Academic
Design, Governance & Management, Finance & Facilities, Operations, Final Documentation and Conclusions.
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In each section there are more detailed plan assessments including; Educational Program, Student Assessment,
Length of Contract & Implementation, Site Locations, Facilities, Recruiting and Marketing Plan, Human
Resource Information, Transportation, Final Governance Documents, Insurance, and Final Recommendations.
Overall the Assessment and Feasibility Study mirrored that of an actual charter application.
Here is a summary ofthe findings for the City of North Lauderdale:
For the City of North Lauderdale to consider sponsoring a charter high school is a visionary move that
could help define the City's character in the 21" century. According to the Florida Department of Education,
your high school would be the first full service, stand alone charter high school in Florida and perhaps the
second city-sponsored high school in the United States. This alone will put North Lauderdale in the front of
educational innovation. It is also a winner for the citizens, according to our findings over the past 30 days,
informal polling indicated a high degree of support among North Lauderdale residents for a charter high school
(detailed in the Admissions and Registration Plan Section of this report). There support increased even more
when they learn that the City will be able to recoup its investment and that the school charges no tuition.
Furthermore, you are central to the overcrowding problem in Broward with your three closest high schools all
over capacity. Public perception among parents is that available public schools are not meeting the standards for
excellence they aspire for their children. Violence, drugs and dropout rates are high. The North Lauderdale
Charter Academy, a name we'll use for now, would be designed specifically to avoid many of these problems,
due to its small design, small classrooms, strong discipline, high standards and active parent participation.
We have identified at least eight different possible site locations for the school. When considering the limited
time frame in order to open the school by August 1998, and the need to use existing space large enough 0
accommodate SOO students, we quickly limit out options to two realistic possibilities. As outline in detail in the
Site Location section of this report, we recommend either the Kimberly Shopping Center site on US 441 and
Kimberly Boulevard or the Shoppes of McNab on 81" Avenue and West McNab. At Kimberly, there is 29,650-
sq. ft. of vacant space that would easily convert into classroom settings. Additional space may be available for
offices, gym, lunchroom, etc. It is located on an easily accessible highway and is conveniently next to 9 acres
of available land that could be easily converted into ball and recreation fields. Due to lease availability and easy
conversion, this would also be the most economical choice, with capital cost of approximately $2.2 million
including land purchase or $1.2 million with only leasing and options on purchase if additional capital funding
is approved by the state legislature. The City would be reimbursed on its investment within 3 years from the
state/county school operation proceeds.
Conclusions:
The assessment we were asked to make included looking at all aspects of whether or not the City of North
Lauderdale is positioned to sponsor a charter high school. Our conclusion is yes, with one reservation being
time. We recommend three additional stages for continued development: Stage 2 - Charter Application &
Approval, State 3 - School Development, Stage 4 - School Operations and Management.
Due to the short time frame, it is imperative That a decision is made immediately on whether to go forward for
the 1998-99 school year. CSUSA is prepared to dedicate the time necessary to follow through with the
remaining stages and produce for the City of North Lauderdale a neighborhood high school of excellence that
will prove to be a benefit for generations of students to come.
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Example #2
The Broward Sheriffs Office
Assessment and Feasibility Study and Comparative Analysis, Charter School and Second Chance Schools
Charter Schools USA
June 10, 1999
The Assessment and Feasibility Study and Comparative Analysis of the charter school concept and the second
chance school concept was provided to the Broward Sheriffs Office regarding their interest in establishing
school for at-risk your in Broward County. Charter Schools USA is currently working on this school for a
projected Fall 2002 school opening.
In gathering the information for the study and analysis, Charter Schools USA drew upon state law, Department
of Education advice, Broward County School personnel, other state-wide and national programs of similar
intent, various experts in each field, and our experience and evaluation from current and future school projects
we develop and manage throughout South Florida. Our recommendations were based on the understanding of
the Broward Sheriffs Offices goals in establishing a program for at-risk students and how they could best
utilize current legislation to that end.
Here is a summary of the findings for the Broward Sheriffs Otlice:
This analysis compares the benefits and shortcomings of the charter school concept and the second chance
schools concept as they each relate to the Sheriffs vision for establishing an at-risk school. The concept, as
described in your attached letter and from conversations we have had with your otlice, is one unlike any other
currently in operation in the State of Florida.
The benefits to this are being the first in an area by all accounts and according to all we spoke with, is much
needed and in demand. The challenge, of course, is that there is no model or template we can just put in place
to replicate. This is the specific kind of challenge we thrive in, especially considering our reputation for
developing prototype schools throughout South Florida. Thus, we are especially excited about our
recommendation for you that would result in a newly modeled second chance charter school.
After researching in great detail and speaking with various levels of state and local government officials, we
have concluded that neither program in their pure form are sufficient for tully attaining your goals. The
analysis we have done:
I. Breaks down in each category the benefits and shortcomings of each to better explain why we made this
conclusion,
2. Gives information on both forms of second chance schools.
3. And, provides for a recommendation by section.
In general, the charter school law provides the best legal platform for application and operation of your
concept. However, certain restrictions, such as the enrollment procedures, must be modified to allow for
forced enrollment from JJS or other means. This is possible, however, according to DOE if we work with the
JJS and Broward County School system to provide for specific at-risk enrollment criteria that would meet your
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goals, at least for the most part. There may be some slots, ifnot filled by forced enrollment, that would be
available for parents who enroll their child by choice.
The solution is to develop a second chance charter school. A charter by legal definition, but under many of the
same second chance guidelines that regulate current second chance schools. The closest model to the concept
you have described. is the P.AL. Academy. The director ofthe academy has been a consultant for CSUSA and
has provided us with background on their program. No exact model, however, exists to copy from, and thus
the unique nature of our recommended second chance charter school.
As the first in the State of Florida to provide a public education within a second chance charter school
environment, the BSO would certainly be able to create a new education laboratory that could be replicated
throughout the state.
Example #3
The Miami Downtown Development Authority
Assessment and Feasibility Study included within the Request for Qualifications (RFQ)
Charter Schools USA and Charter Schoolhouse Developers, Inc.
May 26, 2000
The Miami Downtown Development Authority asked for a RFQ for the development of a charter school in
downtown Miami. The detailed RFQ contained a preliminary assessment study as well as Charter Schools USA
and Charter Schoolhouse Developers, Inc. background and experience, licenses and certification, charter school
designs and operations and funding issues. Currently the charter application is being reviewed for approval
from the Miami-Dade County Public School Board for a Fall 2002 school year opening.
Here is a summary of the findings for the Miami Downtown Development Authority:
The Downtown Development Authority (DDA), of the City of Miami, is empowered to engage in development,
redevelopment and physical improvement activities for the benefit of the Downtown environment and the
maintenance of its economic stability. In seeking such a mission, Charter Schools USA and Charter
Schoolhouse Developers, Inc. are proposing a multi-campus charter school in the Downtown Miami Central
Business District will meet the primary educational needs of a growing population of downtown residents,
commercial businesses, and governmental agencies. Miami DDA hopes to provide the employees and
employers of Downtown Miami with a school-in-the-workplace setting for their children.
Scientific polling of residents in the following zip codes 33128, 33130, 33131, 33132 (the downtown area)
resulted in a large new residential area and population with children in all age brackets. The need for an
elementary is the greatest at this time, with other levels (i.e. middle and high school) to follow in year to come.
A downtown charter school will improve the downtown economy and the quality of life, which will ultimately
attract young professional with families to live in the downtown area.
Looking at different types of charter schools and the legislation that benefits each the objective of creating a
charter school-in-the-workplace setting, admissions will target families that reside outside of the downtown area
but work at businesses and governmental agencies within the boundaries of Downtown Miami. This position
would allow for children of the members ofthe Downtown Development Authority to have preference in
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admission and enrollment to the charter school. The school-in-the-workplace setting, however will not allow
for preference to children of families residing in the downtown Miami area.
In addition, admissions will actively seek students from residential areas within six submarkets of Downtown
Miami. The submarkets of Downtown Miami are listed below:
1. East Brickell- east of Brickell Avenue to Biscayne Bay (including Claughton Island) and south of the
Miami River to 15th Road
2. West Brickell - west of Brickell A venue to Interstate 95 and south of Miami River to 15tl\ Road
3. Core Downtown - north ofthe Miami River to 5th Street to east ofInterstate 95 to Biscayne Bay
4. Southeast Overtown/Park West - north of 5th Street to 1-395 and east of Interstate 95 to U.S. 1 (Biscayne
Blvd)
5. Omnj East - north of 6th Street to 17th Terrace and east of U.S. I (Biscayne Blvd.) to Biscayne Bay
6. Omni West - north ofI-395 to 17th Street and N.E. 24th Street and west of U.S. I (Biscayne Blvd) to FEe
Railroad south of 17th Street and N.E. 2nd Avenue north of 17th Street
Facilities and land development in the downtown Miami area are limited, however several locations have been
reviewed. The school will be housed in a modern educational facility developed by Charter Schoolhouse
Developers, Inc. and designed by Woltberg Alvarez and Partners. Locations and specific school designs will be
chosen with the assistance of the Downtown Development Authority
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"Charter School USA has been very responsive to the needs of the city as well as to its customers in the
schooL" Mike Levinson, City Manager, City of Coral Springs, FL
"The School is helping us reiliforce the concept that we want to be the employer of choice in South Florida. "
Anthony Bums, CEO, Ryder Systems, Inc.
"The City had a good experience with Charter Schools USA doing a tremendous amount of up front effort
that we couldn't have gotten done on our own. I think Charter Schools USA is probably on the forefront of
a timely progressive movement to address some of the concerns that people have with the public education
industry." John Stuns on, Former City Manager, City of North Lauderdale
"This is afour-point bonanza for the City of North Lauderdale. It means fulfillment of a years-long quest by
officials to get a high school in the City, and an end to hours of bus rides for North Lauderdale children who
attend schools in other cities and a chance for students to attend a better, less crowded high schooL"
Gary Frankel, City Council Member and current Mayor, North Lauderdale, FL
"This is significant for the educational needs of our community, and an opportunity for us to upgrade a
piece of existing commercial real estate." Mayor John Sommerer, Coral Springs, FL
"Once we put a few models on the ground, this will be the wave of the future." Frank Attkisson, Mayor, City
of Kissimee
Charter Schools USA (CSUSA)
Charter Schools USA, Inc. (CSUSA) is one of the nation's leading and fastest growing development and
management companies of charter schools, kindergarten through 12th grade. CSUSA provides comprehensive
turnkey school outsourcing for corporations, government entities, developers and non-profits and assists with all
phases of charter school design, planning, development, financing, construction, marketing, human resources,
curricula and school operations. CSUSA currently operates the nation's first municipally organized charter
high school, the tirst charter school-in-the-workplace and one of the nation's largest charter schools.
CS USA schools are individually developed to meet the unique needs and requirements of the client and
community. All CSUSA educational advantages exceed public school standards, including small class size,
integrated technology, parental involvement contracts, student uniforms, enforced discipline polices, highly
qualified and motivated staff, community focus and high academic performance. Improved administrative
efficiencies, outsourcing and less red tape, result in more funds for classroom education and increased teacher
performance. Attracting good teachers is another key to education success. By providing competitive
compensation, smaller class sizes, a safe and secure learning environment and by continuously improving on
best practices, CSUSA successfully recruits quality educators. CSUSA is also one of the tirst education
management companies to provide stock options to its teachers.
CSUSA believes that private enterprise can playa positive role in our national efforts to improve academic
performance in the public school system by providing innovative and entrepreneurial models that focus on
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accountability and competItIon To this end, CSUSA provides its clients with professional educational
management services, so they can benefit from the results - better educated students.
Schools under Charter Schools USA management include:
North Lauderdale Academy High School (NUHS)
NLAHS is Florida's first municipally organized charter high school in the county. The school opened in 1998
with 220 students in grades 9'h and 10"1. Its enrollment expanded for the J 999-2000 school year to 320 students
in grades 91h through J I'h The North Lauderdale Academy High School will expand again in the 2000-200 I
school year to 740 students in grades 9th through lth In addition, a new, tree standing, world-class school, is
currently scheduled to open in the 2000-200 I school year.
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Ryder Elementary Charter School (RECS)
RECS is the first charter school-in-the-workplace in the United States. Opened in August 1999 with a student
body of 300 in kindergarten through 3,d grade, the school will expand to 400 students in grades kindergarten
through 4tl, this year, and 500 students in grades kindergarten through 5th next year. The Ryder Elementary
Charter School is housed in a brand new state of the art 30,000 square foot facility located adjacent to the Ryder
System Headquarters building in West Miami-Dade, Florida.
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Coral Springs Charter Middle and High Schools (CSCS)
CSCS encompasses two municipally organized charter schools located on one campus in Coral Springs, Florida.
The Coral Springs Charter Middle and High Schools are housed in an 180,000 square foot facility located in the
heart of Coral Springs, one of the largest charter school campuses in the nation. The academic focus is
Business, Finance, and Technology. The schools are the largest municipally organized charter schools in the
country and opened in August 1999 with 1,100 students in grades 6u, through 10th This year, the school will
expand to 1,400 students in grades 6th through II u', and by the beginning of next year the school will have a
capacity of 1600 students in grades 6th through 12th
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McCullough Academy of Excellence (MAECS)
MAECS is an elementary school sponsored by the Grant Community Development Corporation, the non-profit
economic development arm of Grant AME Church, located in Austin, Texas. This school opened the 2000-
2001 school year with a student body 01'300 in grades kindergarten through 3'd.
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Charter Schoolhouse Developers, Inc. and Woljberg Alvarez and Partners
In response to the growing crisis in the financing and delivery of educational infrastructure, Charter
Schoolhouse Developers (CSHD) has been formed. The firm was founded by Joaquin G. Avina, P.E., PLS n
who resides in Miami, FL -- in 1999 and is located at 5960 SW 57th Avenue in Miami, Florida. The firm
approaches the development of public and charter schools as an alternative to current programs with a new and
creative paradigm. Recognizing the success of corporate America's move toward outsourcing and refocusing
on core business, CSHD's concept allows Schools Boards the alternative to expand development without
further encumbering existing staff. Through public financing and leasing programs, CSHD enables
DesignlBuild/Lease building programs to be accelerated.
Through our Program, needed school facilities can be delivered now to meet today's crushing need without
waiting the years required with current pay-as-you-go funding methods. Time and money can be saved.
CSHD's outsourced Program for facility delivery allows school systems to renew their focus on education and
leave the complex issues of design, construction, cost management and financing to professionals with proven
experience and expertise.
Through private sector development, CSHD will provide comprehensive services to streamline the delivery
process while offering alternative methods to finance and leverage facility development. By reducing design
and construction risk, and ownership administrative cost requirements, CSHD offers the School Boards of
Florida an opportunity to focus attention on education, while outsourcing the burdensome responsibilities of
design, construction, and even facility operations. Following the trend of corporate America, CSHD brings an
efficient, responsive, and quality-based solution to supplement existing programs and meet the critical needs of
our children more rapidly.
Wolfberg Alvarez and Partners, the second largest full service architecture, engineering and interior design firm
in South Florida, is a local firm established in 1976, having a national reputation for design initiative and
performance. Their staff consists of approximately 103 dedicated professional, technical and support personnel
who have provided comprehensive design services for a diverse range of public and private facilities. With
complete in-house capabilities, Wolfberg Alvarez and Partners provides a unified approach to design and is able
to provide well-integrated solutions. The firm's success as a full-service AlEII firm has been a fundamental
integration of all disciplines in design and construction and an effective approach to Quality Control.
The same principals who founded Wolfberg Alvarez and Partners 24 years ago, David A. Wolfberg and Julio E.
Alvarez -- both of which reside in Miami, FL -- continue to guide the firm's diversification and growth with an
approach to the business of architecture and engineering and an understanding of sound management practices.
Together, our team represents the most experienced and creative approach to charter school development ever
assembled for such a project. We pride ourselves on being a team of creating firsts, including:
. First to design and develop a municipal charter high school in US.
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. First to fully finance through private markets the entire development of a charter school.
. First to design Florida's first charter school-in-the-workplace.
. First to combine both financing and facilities of a charter school as a turnkey, outsourced operation.
. First to include performance standards of excellence in design and construction of a charter school.
. First to partner with a university to provide internal and external collaboration.
Wolfberg Alvarez and Partners has many years of experience in the development of educational facilities for
private and public entities throughout South Florida. The firm understands that the successful design of schools
and educational facilities must respond to the requirements of security, public and private circulation, space
needs and adaptability to modern technology. We have resolved these issues successfully in many educational
projects.
The Coral Springs Charter Middle and High Schools are municipally organized charter schools located on one
campus in Coral Springs, Florida. The Coral Springs Charter Middle and High Schools is housed in a 180,000
square foot facility located in the heart of Coral Springs. The schools focus in Business, Finance, and
Technology. The schools opened in August 1999 with 1,000 students in grades 6th through 10th. In year two,
the school will expand to ] ,250 students in grades 6th through 11th, and by the beginning of year three the
school will have a capacity of 1,500 students in grades 6th through 12th. Upon completion the schools will be
the largest municipally organized charter schools in the country. Charter Schools USA are currently managing
them.
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The Ryder Elementary Charter School is the first charter school-in-the-workplace in the U.S. It opened in
August 1999 with a student body of 300 Kindergarten through 3rd grade students. The school will expand to
400 students in grades K-4 in year two, and SOO students, grades K-S in year three. The Ryder Elementary
Charter School is housed in a brand new state-of-the-art 30,000 square foot facility located adjacent to the
Ryder Systems Headquarters building in West Miami-Dade County, Florida. The Ryder Elementary Charter
School is also currently being managed by Charter Schools USA.
Technical Review Services and Uniform Building Code Inspection
School Board of Dade County
Dade County, Florida
Since 1991, Woltberg Alvarez and Partners has continued to provide architectural, engineering and technical
services for a contract involving Technical Review of the design products of project AlE firms to determine
conformance with School Board design requirements and all applicable codes and regulations; inspection by
Certified Building Code Inspectors of projects under construction, including new facilities, expansion and
improvements to existing facilities; and participation in post-occupancy evaluation for construction inspection
projects. The Dade County School District is the fourth largest in the United States, and in our capacity as the
School Board's TRSC/UBCI/EFCO Consultant we have reviewed design documents and performed
construction inspections for hundreds of school projects
Design/Build of Three Elementary Schools
Dade County, Florida
Woltberg Alvarez and Partners was part of the DesignlBuild Team which provided design and construction
phase services for three new elementary schools in Dade County, each of which totals approximately 90,000 SF
and will accommodate 885 students. The individual schools include:
. John 1. Smith Elementary School
State School "F", 10.43 acres
. Dante B. Fascell Elementary School
State School "H-I", 7.39 acres
. Henry E.S. Reeves Elementary School
State School "U", 13 acres
. These qualify as SMART Schools with a cost of only $10,546 per student station.
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The finn provided architectural, structural engineering and interior design services for planning concepts and
design, including:
. One-story schools consisting of three clusters surrounding a center core with each cluster linked by
exterior corridors.
. A main entrance highlighted by an open-mall concept and the double height entrance leading directly into
the administration/reception area.
. Covered breezeways on both sides of the entrance running along the courtyard and leading to the
classroom pods and public use areas.
. A courtyard and pleasant outdoor areas which create a campus-like setting.
. Exteriors conforming to the type of architecture prevailing in each area.
. Site design including a front driveway, drop-offi'loading areas, long-term and short-lenn parking areas,
and service access.
. Outdoor play fields, playground area, courtyards and plazas.
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Palm Beach County, Florida
Wolfberg Alvarez and Partners provided architectural and engineering design services for Design/Build of an
$9 Million modular elementary school, which is fully accessible to the handicapped, and a standard IS-acre site
'ayout that will be fully adaptable to different sites in the County in order to meet individual requirements. This
new school, totaling approximately 10S,000 SF, will accommodate 800 students. The configuration is based
upon site considerations and programmatic requirements. The project includes:
. A two-story facility consisting of several structures linked by interior corridors and located around a
courtyard, as well as other open recreational spaces.
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. Classroom units of eight rooms on each of the two floors sharing mechanical, electrical and service areas.
. A media center as the center core, readily accessible to all classrooms.
. An exterior appearance conforming to the type of architecture currently prevailing in the county for
conventional construction.
. Site planning and design including site utilities, drainage and fire service.
· Drop-otT areas for buses and cars, long-term parking areas for teachers and statf, and service vehicle
access.
. Outdoor facilities such as play fields, playground areas, a courtyard and outdoor dining area.
. Landscaping with indigenous plants to meet low maintenance and watering requirements.
DesignlBuild of J.G. DuPuis Elementary School
Miami, Florida
W olfberg Alvarez and Partners provided architectural and engineering design services for Design/Build of
additions and renovations to an existing elementary school for the School Board of Dade County to
accommodate 660 students.
Miami Northwestern Senior High School
Miami, Florida
Wolfberg Alvarez and Partners was hired to revise and complete the design after the initial
architectural/engineering group awarded the contract failed to deliver a final set of plans that would receive
approval from the State Department of Education. Miami Northwestern Senior High School is Dade County's
largest high school. This state-of-the-art school, a new three-story, SOO,OOO SF building, replaced the existing
Miami Northwestern Senior High School. The existing school will be demolished to make way for sports fields
including a football field with seating and basketball and tennis courts. The new high school will serve as a
magnet school with programs in both the arts and medical sciences and includes a gallery, a theater,
photography labs, dance studios and vocational areas. This is the only school in the County with an Outpatient
Clinic providing health care services to the community.
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EPC Contract for Emergency Roofing and Renovations of Public Schools
Dade County, Florida
Wolfberg Alvarez and Partners served as AlE Consultants for a consulting contract for emergency repair work
for public schools damaged by Hurricane Andrew. This included facilities and systems analysis, preparation of
reports, design, construction administration and related consulting services for roof repairs and replacements, as
well as renovations for over twenty individual projects.
The School Board of Dade County - Consulting Contract
Dade County, Florida
Wolfberg Alvarez and Partners provided complete architectural and engineering consulting services to the
School Board of Dade County for facility and systems analysis, programming, planning, design, construction
administration and related consulting services for new construction and improvements to facilities and sites.
Representative of over 145 individual projects are:
. Roof Replacement for 40 Schools
. Auditorium Refurbishing/Physical Education Replacement at Madison Junior High School
. Miami Central High School renovations and new computer labs
. Renovation of Auditorium at South Miami Middle School
. Physical Education Shelter at Lake Stevens Elementary School
. Douglas Elementary School Media Center and Office Expansion
Dunbar Elementary School
Engineering Consulting
Dade County, Florida
Wolfberg Alvarez and Partners provided complete engineering services for the design of new construction and
improvements including design of a new 7,500 SF building with classrooms and offices, a Learning Resource
Building totaling 306 SF, alterations to meet life safety requirements, renovation of restrooms in four buildings,
electrical and mechanical systems improvements and site planning and design for new construction and
expansion of the parking lot and a new parking area.
Horace Mann Middle School
Dade County, Florida
Wolfberg Alvarez and Partners provided complete engineering services for the design of new construction and
improvements including a new classroom addition totaling 7,350 SF, conversion of existing facilities to a
Chorus Room and Art Lab, renovation of the Band Room and Home Economics Lab, alterations of several
facilities to comply with life safety requirements, renovation of auditorium and site planning and design for new
construction and expansion of the parking lot.
Miami Edison Senior High School
Project Management for Additions, Remodeling and Renovations
Miami, Florida
The design of additions and improvements to Miami Edison Senior High School had been performed by an
architectural firm that was unable to complete the project and construction was approximately 35% complete
when the School Board of Dade County retained Wolfberg Alvarez and Partners to manage the completion of
the facility. The project includes a three-story, 36,000 SF addition with the first floor serving as a parking area,
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as well as remodeling and renovation of the eXIstmg three-story structure, including improvements to
classrooms throughout the building, new science classrooms and laboratories, a new public announcement
system, ceiling replacement and reroofing.
Ransom Everglades School
Analysis, Planning and Design of Additions and Improvements
Coconut Grove, Florida
Wolfberg Alvarez and Partners provided architectural and engineering services for facilities and systems
analysis, design of remodeling and improvements and construction administration services for several projects,
including a damage assessment report to determine the extent of damage caused by Hurricane Andrew in 1992,
programming and design for renovation of the Math and Science Building and remodeling of science
laboratories as a result of the hurricane, conversion of an existing art classroom into a small theater and drama
room, conversion of an existing music room into an art classroom, replacement of the 20 year-old chiller with a
60-ton energy-efficient chiller, watertront study and seagrass analysis to determine the feasibility of adding a
docking facility for the school's sailing program.
Goldstein Hebrew Academy
Miami, Florida
Wolfberg Alvarez and Partners prepared the initial feasibility study and development of the Master Plan of this
private academy and complete AlE and interior design for Phase One development of a 10,000 SF, one-story
building with educational and support facilities for Pre-School through Grade 6. The design utilizes a double-
loaded corridor concept and incorporates structural accommodations for a future second floor and elevator. The
facilities include classrooms, Library and Media Center, a multipurpose activity room, offices and teachers
work rooms.
Nova Middle School and Nova High School
Additions and Improvements
Davie, Florida
Wolfberg Alvarez and Partners provided complete architectural and engineering services for analysis of existing
facilities and building systems, planning and design of new facilities, improvements to existing facilities
including modifications to meet current life safety codes and provisions for the handicapped, site and utility
improvements and construction administration. This included a new gymnasium, a new 40,000 SF building
with a media center and resource rooms and Physical Education Building classroom additions at the Nova
Middle School. Additions and improvements at Nova Senior High School included a new classroom building
with offices and labs, a new 725-seat auditorium, expansion of Media Center, a new horticulture facility with
classrooms, labs and a nursery.
Westwood Heights Elementary School
Renovation and New Construction
Broward County, Florida
Wolfberg Alvarez and Partners provided complete architectural and engineering services for new construction
and improvements to Westwood Heights Elementary School, including a Master Plan of the site, design of 20
new classrooms and support facilities totaling 23,655 SF, remodeling of the Administration Building and
improvements to the dining area and kitchen.
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Rock Island Elementary School
Renovation and New Construction
Broward County, Florida
Wolfberg Alvarez and Partners provided architectural and engineering services for the design of new
construction and improvements to Rock Island Elementary School, including a Master Plan of the site, design of
new classrooms totaling 5,674 SF, remodeling of existing buildings for additional classrooms, conversion of an
existing facility for art instruction and support, improvements to existing restrooms, improvements to the
cafeteria and a new parking lot.
Miami-Dade Community College - Homestead Campus
Homestead, Florida
W olfberg Alvarez and Partners provided structural, electrical and mechanical engineering services for the
development of the Campus Master Plan and complete engineering design of Phases One and Two
Development. The Master Plan developments included 34,000 SF of educational and support facilities on a
12.4-acre campus to meet a projected student population of 10,000 by the year 2000. Facilities include
classroom buildings, Campus Technical Information Center, auditorium, computer center, laboratories, faculty
and staff offices, bookstore, wellness center, child care center and central utility plant. The firm also provided
engineering services for the design of improvements to an existing 16,000 SF structure to provide initial
classrooms, oftices and support spaces as part of Phase One Development. This phase also included initial
development of the 12.4-acre site including utilities, drainage, roadways, parking and landscaping. Phase Two
involves one, two and three-story structures to provide approximately 12,000 net SF of instructional,
administrative and support facilities. This includes plumbing systems, fire sprinklers, HV AC, the Central
Utility Plant, power distribution, emergency power, interior and exterior lighting.
General Consulting to the University of Miami
For New Construction, Additions and Improvements
Coral Gables, Florida
Wolfberg Alvarez and Partners provided facilities planning, building and systems analysis, and NE design for a
variety of educational, research and support facilities at the University of Miami Coral Gables Campus,
including:
. Improvements to Classroom Buildings
. Modifications to Science Building and teaching laboratories
. Modifications to Ashe Administrative Building and Office Buildings
. Additions to Main Library and Law Library
. New Basketball Practice Gymnasium and Support Facilities
. Interior Alterations and Interior Design of Student Union and Cafeteria
. Modification and Expansion of Computer Centers
. Modifications to Health Center Annex
. Modifications to Cox Science Center
. Modifications to Mahoney Residential Hall
. Renovation of the University Book Store
. Renovation of the School of Music Facilities
. Computerization ofthe University Master Plan to facilitate future space planning
. Site Improvements including drainage, roadways, parking lots and utilities
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Interior Alterations to McArthur Engineering Building
University of Miami
Coral Gables, Florida
Wolfberg Alvarez and Partners provided complete AlE planning and design, including building and systems
analyses of an existing 42,615 SF building and interior modifications and systems improvements to provide
sophisticated electronic and computer research facilities with access by various disciplines to the central
computec The project also involved alterations to classrooms and administrative facilities.
Interior Alterations to McArthur Engineering Building
University of Miami
Coral Gables, Florida
Wolfberg Alvarez and Partners provided complete AlE planning and design, including building and systems
analyses of an existing 42,615 SF building and interior modifications and systems improvements to provide
sophisticated electronic and computer research facilities with access by various disciplines to the central
computec The project also involved alterations to classrooms and administrative facilities.
South Campus Medical Research Center
University of Miami
Dade County, Florida
Wolfberg Alvarez and Partners worked on the development of the Master Plan for the new University of Miami
South Campus Research Complex located on a 106-acre site in southern Dade County. This campus
consolidates a wide array of medical research activities and provides adequate administrative and educational
support facilities for medical students and research personnel. The firm also provided complete AlE design of
Phase One Development, which included a 55,000 SF research facility including animal breeding facilities and
research labs, pharmacology labs, microbiology labs, epidemiology labs, pathology and tissue culture study
facilities, specialized environmental control and lighting systems, classrooms for medical and research students
and administrative offices.
Marine Research Facilities at the Rosenstiel School of Marine & Atmospheric Sciences
University of Miami
Key Biscayne, Florida
Wolfberg Alvarez and Partners provided complete architectural and engineering consulting services for
analysis, design and construction supervision of both new construction and improvements to a variety of marine
science, research and support facilities at the University of Miami's RSMAS Campus including an experimental
fish hatchery and marine science laboratories, modifications to classrooms and administrative facilities and
additions and improvements to Grovesner Classroom and Administrative Building and Library.
General Consulting for Additions and Modifications at the
University of Miami Medical School Campus - Jackson Memorial Hospital Complex
Miami, Florida
W olfberg Alvarez and Partners provided complete architectural and engineering consulting services for
analysis, design and construction supervision of both new construction and improvements to a variety of
medical, outpatient, laboratory, research and support facilities including:
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Microbiology and Immunology Department Laboratory
Completc AlE serviccs for improvcmcnts to approximately 7,500 SF oflaboratory spacc including acid rcsistant
casework and new interior finishes, the addition of cold storage and darkrooms, HV AC modifications including
redistribution of HV AC and new electronic air filters, plumbing improvements including new acid resistant
piping and medical gases and electrical improvements including new power supply and sodium lighting.
. Renovation of the John Elliott Building
Complete AlE services for renovation and modernization of an existing building, including partitions and
finishes, plumbing improvements and modifications to electrical and mechanical systems.
· Pharmacology Laboratory at the Medical Sciences Building
Complete AlE services for modifications to the third floor to provide a new Pharmacology Laboratory.
The work included new finishes, installation of new laboratory equipment, new HV AC and UPS systems
and modifications to the electrical system.
. Modifications to Patient Wing at the National Children's Cardiac Hospital
Complete AlE services for the conversion of existing rooms into private rooms, conversion of storage
areas into medical offices and conversion of patient rooms into physical therapy area and related
improvements.
. Modifications to Debbie Institute
Complete AlE services for modifications to an eXlstmg area on the second floor to provide three
observation classrooms. The work involved new finishes and upgrading of mechanical and electrical
systems.
Television (Visual Arts) Bnilding Renovation
Florida Atlantic University
Boca Raton, Florida
Wolfberg Alvarez and Partners provided complete architectural and engineering services for analysis of the
existing Television Building and design of improvements. This includes modifications of the building to meet
current life safety and environmental standards, interior alterations to increase the functionality of facilities and
provision of additional offices and storage spaces.
Miami-Dade Community College New World School of the Arts
Miami, Florida
Late in 1990, Miami-Dade Community College opened the New World School of the Arts in Downtown
Miami. In order to comply with a Department of Education requirement, this facility had to be refurbished with
smoke evacuation systems. Wolfberg Alvarez and Partners provided engineering services for investigations and
design to retrofit the existing 19,000 SF, ten-story building with a smoke evacuation system.
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Individual Experience and Organizational Chart
Jonathan K. Ha!?e
Chairman of the Board of Directors/President & CEO of Charter Schools USA
Me Hage is Charter Schools USA's President & CEO. He is also the Chairman of CSUSA's Board of
Directors and the founder of the company. As Chief Executive Officer, he oversees all aspects of the
company's organization and operations. Under his leadership, CSUSA has evolved into one of the largest and
most successful education management companies in the U.S.
Prior to CSUSA, Me Hage worked closely with the Florida State Legislature during the creation of charter
school law while Director of Research for Jeb Bush's Foundation for Florida's Future. Mr. Hage also assisted in
the early development of the first charter school in Florida, the Liberty City Charter School, a collaboration
between Jeb Bush and T. Willard Fair, President of the Miami Urban League. Shortly after passage of charter
legislation, Me Hage founded The Charter Foundation, Florida's first non-profit foundation dedicated to
developing world-class charter schools. Over the past four years, he has personally assisted with the creation of
over a dozen charter schools, including the first charter school-in-the-workplace, the first municipally-
sponsored charter high school and the state's largest charter school.
Prior to CSUSA, Me Hage was President & CEO of Integrated Strategies Group, Inc., a corporate and
government-affairs consulting firm that served government, non-profit, political and corporate clients. He also
served as a researcher for The Heritage Foundation, a Washington, D.C. based think-tank, where he researched,
wrote and published public policy studies and articles. His public policy recommendations were used by the
U.S. Congress, Executive Branch and foreign governments. During the 1992 presidential race, Me Hage also
researched and wrote speech material for President George Bush.
Me Hage served the United States as an Army officer in the Special Forces for 10 years. He holds a BA from
the University of Colorado and a MA from Georgetown University. Me Hage currently serves as Senate
President Toni Jennings appointment to the State Charter Review Panel and on the Board of Directors for
Goodwill Industries. This year Me Hage was an appointee of the Senate President to the Charter School
Review Panel.
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Glenn R. Pierce
Executive Vice President of Charter Schools USA
Me Pierce is responsible for comprehensive management of business development, school development
activities, ongoing school operations, and human resources. He also oversees all phases of facility development
including site selection and construction.
Prior to CSUSA, Me Pierce was CFO of Advantage Schools, Inc., a Boston-based educational management
organization, where he was instrumental in raising $35 million in venture capital financing to facilitate that
company's aggressive growth. Prior to Advantage, Me Pierce was the CFO and Chief Development Officer
for Colonial Bagel, LP, and a regional franchise operation of Einstein Brothers Bagel Corporation_ This
position followed six years in roles of increasing responsibility with PepsiCo's restaurant divisions (now TriCon
Group Restaurants). In his role of Senior Director of Asset Development, Me Pierce managed real estate,
construction, maintenance, legal, property management and in-store technology flmctions related to the
organization's vast array of properties. Me Pierce began his career in commercial banking with institutions that
are now a part ofPNC, First Union and Citibank, NA.
Me Pierce holds a bachelor's degree in Economics and Business from Lafayette College and a MBA from the
Wharton School at the University of Pennsylvania.
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Jonathan Mariner
Executive Vice President & Chief Financial Officer
Me Mariner recently joined the CSUSA team as Executive Vice President (EVP) and Chief Financial Officer
(CFO). Me Mariner is responsible for comprehensive management of financial planning, controller functions,
school accounting, audit, banking, budgets, project financing and equity fundraising. He also oversees
CSUSA's emerging Back-Office Services function, a comprehensive accounting, payroll and compliance
provider for non-atliliated charter school operators.
Prior to CSUSA, Me Mariner served as EVP and CFO of the Florida Marlins Baseball Club. He was also the
President of the Marlins Ballpark Development Corporation. He previously served as CFO for Pro Player
Stadium and as VP and CFO for the Florida Panthers Hockey Club during their initial start-up and 1993-1994
inaugural season. Prior to joining the Marlins, Me Mariner was appointed VP, Finance and Administration for
the greater Miami Convention and Visitors Bureau. Me Mariner began his professional career as a senior
financial analyst with MCI Communications, Inc. He has also held various financial positions with Ryder
Truck Rental.
Me Mariner has been active in many community organizations. He is currently serving on the Advisory Board
ofthe University if Virginia's McIntire School of Commerce and the Advisory Board of The Pine Crest School
in Ft. Lauderdale, and he is the Vice-Chairman of the Broward Community college Foundation. He also serves
on the Board of Directors ofa publicly traded form, Steiner Leisure, Ltd., the worldwide leader in providing on-
board salon and spa services to the cruise industry.
Mr. Mariner graduated from the University of Virginia in 1976 with a B.S. degree in Accounting and received
his MBA from the Harvard Business School. He is also a Certified Public Accountant.
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Edwin P. Fredie, L.L.D.
Chief Education Officer
As Chief Education Officer at Charter Schools USA, Mr. Fredie is responsible for the quality of education and
learning in all schools managed by the corporation. From kindergarten to distance learning programs, he
ensures that CSUSA's mission and educational programs are consistent with cultivating excellence in learning
and instruction.
Mr. Fredie was most recently Headmaster of the Milton Academy, one of the nation's most prestigious private
schools, with students' test scores ranking among the highest in the country. He has over 32 years of
experience in the education field and has worked with the United States Department of Education School
Excellence Program.
Mr. Fredie holds numerous awards, including Educator of the Year (1992) and the Superintendents Award for
Distinguished Achievement. He is a Member of the Board of Trustees for Wheaton College, Bank Street
College, National Association oflndependent Schools, and the New England Conservatory of Music.
Mr. Fredie holds an AB from Boston University, a MA from Harvard University, and an LLD from Wheaton
College.
His professional affiliations are many and include the Harvard Graduate School of Education Alumni Council
and the Hingham Citizen's Committee for Public Schools. Over the course of his outstanding career, Mr. Fredie
has had numerous speaking engagements, including the Harvard Graduate School of Education, the United
Negro College Fund, the Urban League of Greater Boston, the Educational Records Bureau Conference, and the
Milton Ecumenical Association.
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Tom Ro!?ers
Chief Information Technology Officer
Mr. Rogers is responsible for providing leadership in the implementation and innovation of technology for the
administration and delivery of education. Mr. Rogers manages all IT personnel and oversees day-to-day
technology support operations. Additionally, he serves as primary contact for technology vendor selection.
Tom Rogers has worked in the technology industry for over 12 years. He brings to Charter Schools USA an
array of talents and expertise. In 1994, Mr. Rogers consulted for the State of Florida, Department of Insurance
and Fire Marshall to create one of the nations' first statewide mobile database solutions for State Fire Inspectors
using Lotus Notes. For five years, Mr. Rogers served as President of ILINTS Designs, Inc., a provider of
Internet technology and network services. Mr. Rogers served as the Legal Technology Manager for Nova
Southeastern University's Shepard Broad Law Center. One of his most significant accomplishments at NSU
was the design and implementation of a technology system, which includes the largest wireless network
installed in an educational institution in the United States at the time. He also established a program for
curriculum development for legal education, which has technology at its core. The program at NSU has proven
so successful that the Law Center has been recognized as "the most technologically advanced law school in the
nation" by a national legal publication and is often cited as the leader in legal education for 21st century
lawyers.
Mr. Rogers is a frequent featured speaker at national conferences on technology and education. Mr. Rogers
serves as President of 10: 15 Technologies, Inc. which designs and develops educational administration
software. He is also an attorney focusing on Internet related intellectual property law and is a member of the
state and federal bars of Florida. Mr. Rogers is a retired United States Army Aviation Officer having served 8
years in both an enlisted and commissioned officer positions.
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Michael G. Strader
Vice President, Client Services
As Vice President of Client Services, Mr. Strader is the principle liaison between Charter Schools USA and its
clients, including parents, students, faculty, and members of the school's governing board. In addition, he
coordinates public relations and communications for the corporate office and schools.
Mr. Strader has over 22 years of professional experience as a teacher, coach and administrator in elementary,
secondary and post-secondary education. Before joining Charter Schools USA, Mr. Strader was Executive
Director and co-founder of the Center for Education Entrepreneurs, a non-profit Florida-based technical
assistance center for those desiring to establish performance-based centers of learning. Mr. Strader was a
frequent advisor to the Florida Department of Education on charter school matters and spoke at many state and
national school choice conferences on charter school issues. He published the Florida Charter School Planning
Guide, the state's first comprehensive "how-to" manual on charter school development.
Mr. Strader started his education career as a math teacher and coach and became Headmaster of a K-8
independent school at age 29. Following his independent school career, Mr. Strader founded the Center for
American Free Enterprise at Jacksonville University, where he recruited international students to study at the
Davis College of Business and established outreach programs for the College.
Mr. Strader holds a bachelor's degree from the University of Florida and a master's degree from the University
of Illinois.
Committed to community service, Mr. Strader has served as Chairman of the Boy Scouts of America;
Chairman, March of Dimes Fundraising Committee; Board member, South Florida Consortium of Charter
Schools; and, Board member for the Jacksonville Chamber of Commerce International Trade Committees.
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Patrick Le!?er
Vice President, Finance
Mr. Leger is responsible for CSUSA's financial management. He oversees the accounting, payroll, audits,
budgets, employee benefits, cash and risk management.
Mr. Leger has over 20 years of financial experience in both the public and private sector with a strong
background in accounting and experience as a systems administrator on a Novell network. Prior to CSUSA,
Mr. Leger was the Director of Finance of Continucare Corporation, Inc., a Miami-based health care
organization, where he was responsible for the financial services of 15 subsidiaries along with 75 centers
throughout Florida, South Carolina, and North Carolina. Before Continucare, Mr. Leger was the Senior
Financial Analyst for Pro Player Stadium, Inc, a Miami based organization, where he provided the financial and
analytical support for all game-day operations for the Florida Marlins Baseball Club, the Miami Dolphins
Football Club and other Stadium functions. Mr. Leger also served as the Accounting Manager at the Greater
Miami Convention & Visitors Bureau for 8 years, where he was responsible for the reporting and auditing of
financial information for both public and private funds.
Mr. Leger acquired his education in business administration, accounting, and computer science from the
University of Miami and Miami-Dade Community College.
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DAVIDA. WOLFBERG, AlA
Design Principal - Woljberg Alvarez and Partners
Education
Bachelor of Architecture / 1969/ Ohio State University
Graduate Level Studies in CADD
Registration
Architecture / 1972 / AR0005812
NCARB Certified
Experience
Ryder Charter School, Miami, FL. Design Principal for the Design/Build services for Florida's first charter
school-in-the-workplace in the fall of 1999. The school will be built at Ryder Headquarters in West Miami-Dade and
will provide schooling from kindergarten through the fifth grade for the children of people who work at Ryder facilities.
. Coral Springs Charter School, Coral Springs, FL. Design Principal for a 100,000 SF Charter School for the City of
Coral Springs will be a grade 6-12 "Millennium School" that will serve as a demonstrated model for a comprehensive
business and finance curriculum_ The foundation of this model will be strong business/education partnerships and an
industry-focused curriculum that will be based upon the nationally successful Academy for Finance program.
Lease-Purchase of New Elementary School "X", Miami, FL. Design Principal for new construction of a 96,000 SF
elementary school to accommodate 885 students_ This is the first project wherein the Miami-Dade School Board has
contracted with a private developer, Florida Schoolhouse Developers, to design, build, finance and lease the school to
MDCPS.
. Expansion and Renovation of the Nova Middle School/Nova High School Campus, Davie, FL. Project Principal for
planning, design and construction of $11,900,000 in new construction and improvements to the Nova Senior High
SchoollNova Middle School Campus, totaling more than 112,000 SF.
Design/Build of Morikami Elementary School, West Palm Beach, FL. Design Principal for Design/Build project
with Space Master International for a modular elementary school to accommodate 970 students and with a design
configuration for a 15-acre site.
Design/Build of John I. Smith Elementary School, Miami, FL.
elementary school for the School Board of Miami-Dade County.
accommodate 885 students_
Design/Build of Dante B. Fascell Elementary School, Miami, FL. Design Principal for Design/Build of a new
elementary school for the School Board of Miami-Dade County. The school totals approximately 90,000 SF to
accommodate 885 students_
. Design/Build of Henry E.S. Reeves Elementary School, Miami, FL. Design Principal for Design/Build of a new
elementary school for the School Board of Miami-Dade County. The school totals approximately 90,000 SF to
accommodate 885 students_
. Design/Build of Renovations and New Construction at DuPuis Elementary School, Miami, FL. Design Principal
for complete alteration of 8 existing buildings, as well as the Design/Build of 3 completely new buildings, plus the
construction of a new parking lot to accommodate 63 vehicles.
Design Principal for Design/Build of a new
The school totals approximately 90,000 SF to
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Joaquin G. Aviii6, PE, PLS
President - Charter Schoolhouse Developers, Inc.
Education
BS, Civil Engineering / 1973 / University of Miami
Registration
Professional Engineer / 1977 / PEOO 19043
Land Surveyor / 1978/ LS3307
Professional Organizations
Florida Engineering Society
Florida Society of Professional Land Surveyors
Association of Cuban Civil Engineers
Experience
Mr. Joaquin G_ Avi116 joined the Wolfberg Alvarez Group in January 1995 after serving as County Manager for Miami-Dade
County for more than six years. In response to the growing crisis in the financing and delivery of educational infrastmcture Mr
Avi116 spearheaded the formation of Charter Schoolhouse Developers (CSHD) in 1999_ Notable projects have included the
Ryder Elementary Charter School, the first charter school-in-the-workplace in the US The state-of-the-art 30,000 square foot
facility first opened its doors iu August 1999 to 300 kindergarten through 3'd graders_ The facility, which is located adjaceut to
Ryder Systems Headquarters building in West Miami-Dade County, is expected to see enrollment increase to 500 shidents by
year three. Coral Springs Charter Middle and High Schools, the largest municipally organized charter schools in the country
are located on one campus in the heart of the City of Coral Springs. The 180,000 square foot facility is home to 1,000 students
in grades 6th through 11th _ Focusing on core areas of expertise such as Business, Finance, and Technology, student enrollment is
expected to increase to 1,500 students by year three_
Awards
Mr A vil16 has received numerous awards, including "Public Administrator of the Year" by the South Florida Chapter of the
American Society for Public Administration and the "Excellence in Government" award from the National Association of
Hispanic Public Administrators. As County Manager he successfully guided Miami-Dade County through the massive
reconstmction following lhe aftermath of Hurricane Andrew - the largest natural disaster in United States history. He oversaw
the allocation and disbursement of govennnent personnel and resources to aid in the recovery. Throughout his career as County
Manager, he developed a tremendous amolmt of experience dealing with financing and joint development. Mr. Avil16 is one of
the most experienced individuals in South Florida with reference to developing and financing massive public projects such as
rapid transit systems.
His major accomplishments as County Manager include:
Revitalization of County's Department of Housing and Urban Development;
Began Departmental "Profit Sharing" and multi-year planning_ These measures alone generated more than $9_6 Million for
fiscal year 1994;
Significantly reduced Administrative Costs through aggressive cost control techniques, which generated over $5 Million in
saVl11gs~
Oversaw a $348 Million extension of the Miami Metromover Public Transportation System.
Recognitions
1995, Florida Engineering Society's, Miami Chapter, "Outstanding Service Award"
1993, Easter Seal's, "Man of the Year"
1991, ASPA's, South Florida Chapter, "Public Administrator of the Year"
1991, NAHPA's, "Excellence in Government Award"
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ARIS GARCIA, RA
Design Architect - Wolfberg Alvarez and Partners
Mr. Garcia is experienced in all phases of planning and project development, from preliminary concepts and programming
through final design and production of construction documents for educational, commercial, retail and governmental
facilities in South Florida. He has been involved in both new construction and interior alterations to existing facilities and
is familiar with the requirements for both_ He has specialized experience in the development of design concepts for
modular schools, community centers, retail/entertainment complexes, commercial offices and specialized facilities
requiring strict environmental controls_ This has involved the preparation of alternate concepts for consideration by the
client and design team_ He also has extensive experience in space planning, concept development and design of office
and support facilities for major national corporations_
Education
Bachelor of Architecture / 1983 / University of Miami
Registration
Architecture / 1995 / AROO 15263
Certified Contractor's License / 1985
NCARB Certified
Experience
Ryder Charter School, Miami, FL. Project Architect for the DesigniBuild services for Florida's first charter
school-in-the-workplace in the fall of 1999. The school will be built at Ryder Headquarters in West Miami-Dade and
will provide schooling from kindergarten through the fifth grade for the children of people who work at Ryder facilities.
. Coral Springs Charter School, Coral Springs, FL. Project Architect for a 100,000 SF Charter School for the City of
Coral Springs will be a grade 6-12 "Millennium School" that will serve as a demonstrated model for a comprehensive
business and finance curriculum. The foundation of this model will be strong business/education partnerships and an
industry-focused curriculum that will be based upon the nationally successful Academy for Finance program_
Lease-Purchase of New Elementary School "X", Miami, FL. Architectural Design for new construction of a 96,000
SF elementary school to accommodate 885 students_ This is the first project wherein the Miami-Dade School Board has
contracted with a private developer, Florida Schoolhouse Developers, to design, build, finance and lease the school to
MDCPS.
. Expansion and Renovation of the Nova Middle School/Nova High School Campus, Davie, FL. Architectural
Design for planning, design and construction of $11 ,900,000 in new construction and improvements to the Nova Senior
High School/Nova Middle School Campus, totaling more than 112,000 SF.
. Design/Build of Morikami Elementary School, West Palm Beach, FL. Architecture for DesigniBuild project with
Space Master lntemational for a modular elementary school to accommodate 970 students and with a design
configuration for a 15-acre site_
Design/Build of Three Elementary Schools, Miami, FL. Architecture for DesigniBuild of three new elementary
schools for the School Board of Miami-Dade County. The schools total approximately 90,000 SF each to accommodate
885 students.
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MARIO H. GUTIERREZ, PE
Engineering Coordinator - Woljberg Alvarez and Partners
Me Gutierrez is experienced in engineering coordination, mechanical engineering management and mechanical
engineering design of HV AC systems, central chiller plants and energy conservation measures for additions, renovations
and remodeling of public schools in South Florida_ He also has extensive experience in Design/Build projects for school
boards, governmental agencies and private clients. As an Educational Facilities Compliance Officer, he is completely
familiar with all requirements for public schools.
Education
BS, Mechanical Engineering /1969/ University of Southwestern Louisiana
Graduate Level Studies in Management /1970 / University of Akron
Registration
Professional Engineer / 1973 / PEOOO 19687
Technical Assistance Analyst /1987
Experience
Ryder Charter School, Miami, FL Engineering Coordinator for the Design/Build services for Florida's first charter
school-in-the-workplace in the fall of 1999. The school will be built at Ryder Headquarters in West Miami-Dade and
will provide schooling from kindergarten through the fifth grade for the children of people who work at Ryder facilities.
Coral Springs Charter School, Coral Springs, FL Engineering Coordinator for a 100,000 SF Charter School for the
City of Coral Springs will be a grade 6-12 "Millennium School" that will serve as a demonstrated model for a
comprehensive business and finance curriculum. The foundation of this model will be strong business/education
partnerships and an industry-focused curriculum that will be based upon the nationally successful Academy for Finance
program_
Lease-Purchase of New Elementary School "X", Miami, FL Engineering Coordination for new construction of a
96,000 SF elementary school to accommodate 885 students_ This is the first project wherein the Miami-Dade School
Board has contracted with a private developer, Florida Schoolhouse Developers, to design, build, finance and lease the
school to MDCPS.
. Expansion and Renovation of the Nova Middle School/Nova High School Campus, Davie, FL. Engineering
Coordination for planning, design and construction of $11 ,900,000 in new construction and improvements to the Nova
Senior High School/Nova Middle School Campus, totaling more than 112,000 SF.
. Design/Build of Morikami Elementary School, West Palm Beach, FL Engineering Coordinator for Design/BUild
project with Space Master International for a modular elementary school to accommodate 970 students and with a
design configuration for a IS-acre site.
. Design/Build of Three Elementary Schools, Miami, FL Engineering Coordinator for Design/Build of three new
elementary schools for the School Board of Miami-Dade County The schools total approximately 90,000 SF each to
accommodate 885 students_
DesignlBuild of Renovations and New Construction at DuPuis Elementary School, Miami, FL Engineering
Coordinator for complete alteration of 8 existing buildings, as well as the Design/Build of 3 completely new buildings,
plus the construction of a new parking lot to accommodate 63 vehicles_
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JOSEPH A. STYRSKY, PE, UBCI, EFCO
Mechanical Engineer - Woljberg Alvarez and Partners
Mr. Styrsky is a Mechanical Engineer in responsible charge of HV AC and Plumbing Design. He has developed Master
Specifications and control standards, prepared project presentations and dealt directly with clients. Mr. Styrsky's has
significant project experience with the new construction and renovation of various facilities and project types including
hospitals and health care facilities including expansions of energy plants and additions of patient towers with heat
recovery included in energy plant designs., chiller plants and boiler plants, chilled water and steam distribution, medical
offices, health care facilities including ACLF's and nursing homes, residential buildings including the Fisher Island
Condominium Towers, restaurant/theater/entertainment complexes, life safety and fire alarm systems and controls for
hospitals. He also has experience working on projects overseas including a new hospital in Nassau, Bahamas and three
(3) Club Med Resorts located on Caribbean Islands.
Education
BS, Mechanical Engineering! 1966/ Illinois Institute of Technology
Registration
Professional Engineer / 1977 / PE0024125
Uniform Building Code Inspector / 1998
Educational Facilities Compliance Officer / 1998
Experience
. Ryder Charter School, Miami, FL. Mechanical Engineer for the Design/Build services for Florida's first charter
school-in-the-workplace in the fall of 1999. The school will be built at Ryder Headquarters in West Miami-Dade and
will provide schooling from kindergarten through the fitih grade for the children of people who work at Ryder facilities.
Coral Springs Charter School, Coral Springs, FL. Mechanical Engineer for a 100,000 SF Charter School for the City
of Coral Springs will be a grade 6-12 "Millennium School" that will serve as a demonstrated model for a comprehensive
business and finance curriculum. The foundation of this model will be strong business/education partnerships and an
industry-focused curriculum that will be based upon the nationally successful Academy for Finance program.
Lease-Purchase of New Elementary School "X", Miami, FL. Mechanical Engineer for new construction of a 96,000
SF elementary school to accommodate 885 students_ This is the first project wherein the Miami-Dade School Board has
contracted with a private developer, Florida Schoolhouse Developers, to design, build, finance and lease the school to
MDCPS.
Florida Atlantic University Library, Boca Raton, FL. Mechanical Engineer.
Florida State University Central Energy Plant Addition, Tallahassee, FL. Mechanical Engineer for major addition
to central energy plant with underground chilled water and steam distribution systems.
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ANGEL E. LORENZO, PE, UBCI, EFCO
Electrical Engineer - Woljberg Alvarez and Partners
ML Lorenzo is experienced in electrical engineering design and management for public and private facilities. He was an
Electrical Engineer with Woltberg Alvarez and Partners in the early 1980's and was involved in improvements to a
number of public schools in Miami-Dade County. He returned to the firm in 1994 and has been responsible for the design
of electrical systems for public schools and a wide range of Design/Build projects, including Palm Beach County_ With
many years of experience in new construction, additions, renovations and remodeling for the School Board of Miami-
Dade County, he has a working knowledge of SREF and all other regulations. ML Lorenzo is certified as a Uniform
Building Code Inspector (UBCI) and an Educational Facilities Compliance Officer (EFCO).
Education
BS, Electrical Engineering / 1972 / New Jersey Institute of Technology
Graduate Level Studies in Engineering Economics and Management Science
Registration
Professional Engineer / 1982/ PE00031137
Certified Uniform Building Code Inspector / 1997
Educational Facilities Compliance Officer / 1997
Experience
. Ryder Charter School, Miami, FL. Electrical Engineer for the Design/Build services for Florida's first charter
school-in-the-workplace in the fall of 1999. The school will be built at Ryder Headquarters in West Miami-Dade and
will provide schooling from kindergarten through the fifth grade for the children of people who work at Ryder facilities.
. Coral Springs Charter School, Coral Springs, FL. Electrical Engineer for a 100,000 SF Charter School for the City of
Coral Springs will be a grade 6-12 "Millennium School" that will serve as a demonstrated model for a comprehensive
business and finance curriculum. The foundation of this model will be strong business/education partnerships and an
industry-focused curriculum that will be based upon the nationally successful Academy for Finance program_
. Lease-Purchase of New Elementary School "X", Miami, FL. Electrical Engineer for new construction ofa 96,000 SF
elementary school to accommodate 885 students_ This is the first project wherein the Miami-Dade School Board has
contracted with a private developer, Florida Schoolhouse Developers, to design, build, finance and lease the school to
MDCPS.
Design/Build of Morikami Elementary School, West Palm Beach, FL. Electrical Engineer for Design/Build project
with Space Master International for a modular elementary school to accommodate 970 students and with a design
configuration for a IS-acre site.
. Design/Build of Three Elementary Schools, Miami, FL. Electrical Engineer for Design/Build of three new
elementary schools for the School Board of Miami-Dade County. The schools total approximately 90,000 SF each to
accommodate 885 students.
Design/Build of Renovations and New Construction at DuPuis Elementary School, Miami, FL. Electrical Engineer
for complete alteration of 8 existing buildings, as well as the Design/Build of 3 completely new buildings, plus the
construction of a new parking lot to accommodate 63 vehicles_
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LEANDRO J. ONA, PE, EFCO
Civil Engineer
Woljberg Alvarez and Partners
Me ana has a diverse range of experience in civil engineering, including the design of highways, roadways and bridges
for the Florida Department of Transportation, Miami-Dade County and individual municipalities. With many years of
experience in new construction, additions, renovations, remodeling and Design/Build projects for the School Board of
Miami-Dade County, he has a working knowledge of SREF and all other regulations. He has also been involved in the
design of airfield improvements, airport utilities and aviation support facilities; water distribution and sewerage collection
systems for development projects; paving and drainage plans; preparation of Department of Environmental Regulation
penn its; and flood routing for the South Florida Water Management District.
Education
BS, Civil Engineering / 1976/ University of Miami
Registration
Professional Engineer / 1980/ PE0025588
Educational Facilities Compliance Officer /1995
Experience
Ryder Charter School, Miami, FL Civil Engineer for the Design/Build services for Florida's first charter
school-in-the-workplace in the fall of 1999. The school will be built at Ryder Headquarters in West Miami-Dade and
will provide schooling from kindergarten through the fifth grade for the children of people who work at Ryder facilities_
. Coral Springs Charter School, Coral Springs, FL. Civil Engineer for a 100,000 SF Charter School for the City of
Coral Springs will be a grade 6-12 "Millennium School" that will serve as a demonstrated model for a comprehensive
business and finance curriculum The foundation of this model will be strong business/education partnerships and an
industry-focused curriculum that will be based upon the nationally successful Academy for Finance program_
Lease-Purchase of New Elementary School "X", Miami, FL Civil Engineer for new construction of a 96,000 SF
elementary school to accommodate 885 students. This is the first project wherein the Miami-Dade School Board has
contracted with a private developer, Florida Schoolhouse Developers, to design, build, finance and lease the school to
MDCPS.
. Expansion and Renovation of the Nova Middle School/Nova High School Campus, Davie, FL Civil Engineer for
planning, design and construclion of $11,900,000 in new construction and improvements to the Nova Senior High
School/Nova Middle School Campus, totaling more than 112,000 SF.
. Design/Build of Morikami Elementary School, Palm Beach County, FL Civil Engineer for Design/Build of a $9
Million modular elementary school to accommodate 970 students designed for a l5-acre site.
. Design/Build of Renovations and New Construction at DuPuis Elementary School, Miami, FL Civil Engineer for
complete alteration of 8 existing buildings, as well as the Design/Build of 3 completely new buildings, plus the
construction of a new parking lot to accommodate 63 vehicles_
Architectural Projects Consultant (APC), Dade County, FL Civil Engineer of an APC Consulting Contract with the
School Board of Miami-Dade County involving programming, design and construction administration for more than
160 separate addition, renovation and remodeling projects throughout Miami-Dade County_
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Alina T. Ferrer, RA
Project Manager
Woljberg Alvarez and Partners
Ms. Ferrer has over 19 years experience in the field of architecture, with involvement in the Design, Production and
Management of major public facilities such as: Airports, Hospitals, Schools, Transportation - Mass Transit, Resorts, as
well as Residential Complex's such as Adult Congregate Living Facilities "A.CLF"_
Education
Bachelor of Architecture I 1980 I University of Miami
Registration
Architecture I 1985 I AROO I 0998
NCARB Certified
Experience
. City of Coral Springs Northwest Regional Library
City of Coral Springs Charter School Phase II Gymnasium
Prior to joining our firm Ms. Ferrer has worked on a variety of design projects, which have included the
following:
Academic Facilities
. Air Base Elementary - Various additions and renovations, Homestead, FL.
. Cutler Ridge Elementary - Additions and renovations, Cutler Ridge, FL.
. West Homestead Elementary - Additions and renovations, Homestead, FL.
For the Job Order Contract (JOC) Program
. Miami Dade Community College, Ticket Booth
. Miami Central Senior High School
Miami Edison Senior High School
Miami Norland Senior High School
. Ponce de Leon Middle School
. Design & Architecture Senior High School
Toussaint Louverture Elementary School
. Southwood Middle School
. Bent Tree Elementary
. Stirrup Elementary School
. C.R. Hardley Elementary School
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Time Schedule
There are four phases to the successful completion of a charter school.
Phase I: Assessment
Phase II: Charter School Application
Phase III: Planning & Development
Phase IV: Management of Ongoing School Operations
Phase I: Assessment
In the Assessment Phase, the viability of the proposed project is measured. This study provides CSUSA and the
potential client with the necessary information to make a sound decision on whether they are prepared to
sponsor a charter school. If the assessment does not demonstrate that the charter school would attract the
required enrollment, CSUSA or the client may abandon or postpone the project. The Assessment Phase can be
completed within 30 days of notice or six months before the preparation of a charter application. Charter
applications are due to the individual county school districts by October I in the state of Florida.
Information generally provided in the Assessment includes the following (Note, this list is not inclusive. We can
accommodate any special requests.):
. Suitable site locations
. Demographics
. Parent and student demand I scientific polling
. Overcrowding statistics
. School district support I response
. Department of Education support I response
. Funding expectations I needs
. Timing I opening
. Number of students
. Governance, insurance, budgeting recommendations
. Operations issues: transportation, lunches, sports, band, etc.
. Local, state and national political and legislative issues affecting a charter school
. Any and all other issues relevant for the client to consider in making a decision whether to sponsor a charter
school or not
Phase II: Application
CSUSA will coordinate and develop thc charter application documcnt, submit it to the chartering agency, and
negotiate its approval with the agency. The application is the basis for the charter contract will the school
district. The application, which normally is quite voluminous and requires significant resources and a dedicated
effort, outlines in great detail the operations, governance, curriculum, financing and facilities of the school.
The potential client would be the applicant and would review all documents before their submission.
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Phase III: Planning & Development
Facilities Planninl! & Develooment
· Advise and make recommendations to the client and Design/Build Team for the planning and development
of the facilities to ensure that the design and function meets the specifications for the learning environment
· Assist the client with ordering and purchasing the furniture, fixtures and equipment
. Assist the client with lease negotiations and arrangements, if applicable
Ooerations Planninl! & Development
. Respond to and negotiate with, the school board charter process
. Refine the curriculum and school plan
. Interview and recommend the principal and teachers
. Set up parent orientations and recruit students
. Develop and implement marketing plan
. Prepare for opening
Phase IV: Management of Ongoing School Operations
CSUSA provides the on-going management assistance needed to maXImize performance and mmlmlze
overhead for the school. Our management team assists with the following:
. School administration
. School Advisory Board fulfillment of charter obligations and School Board compliance
. Management training
. Technical support, assessment and testing performance comparisons
. Budget oversight and compliance
. Faculty in-service and professional development
. Personnel issues and personnel administration
. Program, systems and policy manuals
. Accreditation assistance
. Special needs consulting and pathways to alternative revenue sources (i.e. skill development training, ESOL
classes, GED classes, fundraising guidance and access to community services)
. Hiring and management of teachers, administration and support staff
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Fees
There is no charge for the initial Assessment/Feasibility study that we will conduct for the City of A ventura. If
the decision is made to move forward into the charter application, development and management phases, fees
will be discussed at that time.
"
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: November 7,200
SUBJECT: Ordinance Prohibiting Right-ot-Way Vendors and Solicitors
1S' Reading November 14, 2000 City Commission Meeting Agenda Item q ~4
2nd Reading January 2, 2001 City Commission Meeting Agenda Item '1-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
prohibits right-of-way vendors and solicitors on certain roads in the City.
The prohibited areas are as follows:
oiscayne Boule',d, J
Ives Dairy Road
Miami Gardens Drive
William Lehman Causeway
Aventura Boulevard
N.E, 207'h Street
N.E, 213'h Street
Country Club Drive
Due to traffic safety concerns, the attached Ordinance was prepared by the City
Attorney's office.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0933,OO
ORDINANCE NO. 2001-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF A VENTURA BY CREATING SECTION 48-20
"PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS" OF ARTICLE II
"USE OF RIGHT-OF-WAY; PARKING; OTHER
REGULATIONS" OF CHAPTER 48 "VEHICLES; USE
OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROHIBITING RIGHT-OF-WAY
VENDORS AND SOLICITORS ON CERTAIN STREETS
IN THE CITY; CREATING A DEFINITION FOR THE
TERM "RIGHT-OF-WAY VENDOR AND SOLICITOR;"
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by creating
Section 48-20 "Prohibition of Right-of-Way Vendors and Solicitors On Certain Roads" of
Article II "Use of Right-of-Way; Parking; Other Regulations" of Chapter 48 "Vehicles; Use of
Right-of-Way; Parking; and Other Regulations" to read as follows:
Section 48-20. Prohibition of Right-of-Way Vendors and Solicitors On
Certain Roads.
A. Findings; Purpose; Intent.
(l) The City Commission of the City of A ventura desires to adopt an
ordinance prohibiting right-of-way vendors and solicitors on
certain streets located in the City because such vendors and
solicitors pose a danger to themselves and the public at large by
interfering with the safe movement of normal vehicular traffic; and
(2) Based upon statistics collected by the Surface Transportation
Policy Project, on average, 565 pedestrians are killed every year in
Florida (of which 99 are in Miami-Dade County), and the Miami-
Fort Lauderdale area is one of the most dangerous areas in the
United States for pedestrians; and
Ordinance No. 2001-_
Page 2
(3) Numerous types of right-of-way vendors and solicitors operate or
may seek to operate within the City of A ventura, including, but not
limited to, childrcn, adolescents and adults who seek to collect
money for school and community activities; vendors who sell
flowers, newspapers and other products and people who seek
donations or to distribute information; and
(4) Right-of-way vendors and solicitors approach motorists and
passengers in motor vehicles engaged in travel on roads, and are
particularly susceptible and vulnerable to serious injury or death
due to the speed and number of motorists who operate vehicles on
busy roads within the City; and
(5) Roads are primarily designed for vehicular traffic and are not
suited to safely accommodate right-of-way vendors and solicitors;
and
(6) Over the past ten years, at least ten right-of-way vendors have been
killed by motor vehicles in the South Florida area, and many more
have been seriously injured (including a Sun Sentinel newspaper
vendor who was struck by a car while carrying papers on D,S, I
and Broward Boulevard in Fort Lauderdale on July 30, 2000); and
(7) The presence of right-of-way vendors and solicitors interferes with
the safe movement of normal vehicular traffic; and
(8) The road network in the City is substantially burdened by a high
volume of traffic; and
(9) It is the intention of the City Commission to use the least
restrictive means to advance the significant governmental interests
of traffic safety and public safety and, consequently, the City Staff
has analyzed each of the major roads within the City and has
determined that the roads listed in subsection C below, pose the
greatest threat to traffic and public safety in reference to activities
and use by right-of-way vendors and solicitors, and therefore the
City Commission has determined that the prohibition on right-of-
way vendors and solicitors shall be limited to those listed roads;
and
2
Ordinance No, 2001-
Page 3
(10) It is the finding of the City Commission that many other alternative
channels of communication (other than right-of-way vending and
solicitation) exist for persons who seek to exercise their First
Amendment freedoms, such as, but by no mcans limited to,
solicitation of funds or distribution ofliterature through the mail or
at alternate locations (such as houses of worship, shopping areas
and special events); the sale and/or distribution of newspapers
through home delivery, vending machines and retail stores; and the
sale of items of all kinds at retail stores, through the internet and
from vending machines; and
(11) The City Commission desires to preserve and protect the personal
safety and quality of life of its residents and of those who use City
streets, both pedestrians and motorists alike; and
(12) The City Commission has reviewed the proposed regulations
provided by this Section and finds that such regulations
accomplish the purposes intended while utilizing the least
restrictive method possible; and
(13) The City Commission finds that it is in the best interests of the
residents ofthe City to adopt this Section,
B. Definitions.
As used in this Section, the following term(s) have the meaning set forth herein,
except as otherwise indicated by the context.
Right-of-Wav Vendor or Solicitor. Any person who sells or offers for sale any
thing or service of any kind, or who seeks any donation of any kind, or who
personally hands to or seeks to transmit by hand or receive by hand any thing or
service of any kind, whether or not payment in exchange is required or requested,
to any person who operates or occupies a motor vehicle of any kind, which
vehicle is engaged in travel on or within any portion of any of the roads
designated in subsection C, whether or not such vehicle is temporarily stopped in
the travel lanes of the road, The term shall not apply to any person who merely
holds or displays a sign lawfully permitted to be displayed by a person, as long as
there is no entry by such person or sign into any portion of the roadway or its
median. Further, this term shall not apply to official citations or notices provided
pursuant to governmental authority,
3
Ordinance No, 2001-
Page 4
C. Prohibition.
(1) It is a violation of this Section for any pcrson to act as a Right-
of-Way Vendor or Solicitor in, at or upon Biscayne Boulevard,
Ives Dairy Road, Miami Gardens Drive, Country Club Drive,
William Lehman Causeway, Aventura Boulevard, Northeast
207th Street, and Northeast 213 Street (including the swales
and medians abutting such roads).
(2) No person shall act as a Right-of-Way Vendor or Solicitor in,
at or upon any of the roads described in (1) above, including
the swales and medians abutting such roads,
Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code
of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word,
Section 4. Penaltv. Any person who violates any provisions of this Ordinance shall, upon
conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to
exceed sixty (60) days or both such fine and imprisonment Each day that a violation continues
shall be deemed a separate violation, This Ordinance shall also be subject to enforcement under the
4
Ordinance No. 2001-_
Page 5
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 irnmediately upon adoption
on second reading.
The foregoing Ordinance was offered by Commissioner Perlow, who moved its adoption on
first reading. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R, Beskin
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
The foregoing Ordinance was offered by Commissioner
, who moved its adoption
on second reading. The motion was seconded by Commissioner
, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M, Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 14th day of November, 2000,
5
Ordinance No, 2001-
Page 6
PASSED AND ADOPTED on second reading this 2nd day of January, 2001.
ARTHUR L SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
6
CITY OF A VENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
TO:
FROM:
DATE:
SUBJECT: Agreement for Exchange of Parcels
Government Center
19200 West Country Club Drive
November 14, 2000 City Commission Meeting Agenda Item ~
January 2, 2001 City Commission Meeting - Second Reading - Agenda Item 9B
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to finalize and
execute the Agreement for Exchange of Parcels, thereby approving a conveyance of City
owned property and an acceptance by the City of the parcel to be conveyed by Concorde
Centre II Associates.
REQUEST
Due to security concerns on the Government Center property, staff requests a land swap
with Concorde Centre II Associates (2999 NE 191 Street) in order to create separate, private
parking areas for both properties as shown by the attached sketch (Exhibit #1), This land
swap will encompass a conveyance of Parcel A and an acceptance of Parcel B as shown on
the exhibit. Staff is in the process of preparing the legal exhibits to be attached to the
Agreement.
As always, please feel free to contact me with any questions you may have.
,.taff repatslgcM ceoter 111400
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EXHIBIT #1
ORDINANCE NO. 2001-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, APPROVING AN AGREEMENT FOR
EXCHANGE OF PARCELS BETWEEN THE CITY OF
AVENTURA AND CONCORDE CENTRE II ASSOCIATES;
AUTHORIZING THE CITY MANAGER TO FINALIZE,
EXECUTE AND IMPLEMENT THE AGREEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to approve the attached Agreement for
Exchange of Parcels between the City and Concorde Centre II Associates ("Concorde") (the
"Agreement"), which provides in part that the City will convey a parcel of land to Concorde in
exchange for a conveyance to the City by Concorde of a parcel; and
WHEREAS, the exchange of parcels provided for in the Agreement is in the best
interests of the public and would facilitate access to and from the Government Center Property;
and
WHEREAS, the City's Charter requires approval by Ordinance of a conveyance of City
owned property; and
WHEREAS, the City also finds that acceptance by the City of the parcel to be conveyed
by Concorde is in the best interests of the public and will further enhance access,
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being true
and correct and are made a specific part of this Ordinance,
Section 2, That the City Manager is authorized to finalize, enter into and implement the
Agreement attached hereto as Exhibit "A," together with such modifications as are acceptable to
Ordinance No, 2001-
Page 2
the City Manager and approved as to form and legality by the City Attorney. The City Manager
is further authorized to execute such additional documentation necessary in order to effectuate
the Agreement including, but not limited to, a special warranty deed, and affidavit, all in a form
and substance acceptable to the City Attorney.
Section 3, That the appropriate City officials are authorized to do all things necessary
and expedient in order to effectuate the finalization and execution of the Agreement and to carry
out the provisions of this Ordinance,
Section 4, Severabilitv. 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 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its
adoption on first reading, The motion was seconded by Commissioner Berger, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur L Snyder
yes
yes
yes
yes
yes
yes
yes
2
Ordinance No. 2001-
Page 3
The foregoing Ordinance was offered by Commissioner
who moved its
adoption on second reading, The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R, Beskin
Mayor Arthur L Snyder
PASSED AND ADOPTED on first reading this 14th day of November, 2000.
PASSED AND ADOPTED on second reading this 2nd day of January, 2001.
ARTHUR L SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
AGREEMENT FOR EXCHANGE OF PARCELS
THIS AGREEMENT FOR EXCHANGE OF PARCELS (the "Agreement") is made and
entered into as of this _ day of ,2000, by and between CONCORDE CENTRE
II ASSOCIATES, a Florida joint venture, having an address of
(hereinafter referred to as "Concorde"), and the CITY OF
A VENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191 Street, Suite
500, Aventura, Florida 33180 (hereinafter referred to as the "City").
R~C!IA1~:
1. Concorde is the owner of certain real property located in Miami-Dade County,
Florida commonly known as Concorde Centre and more particularly described on Exhibit "A"
attached hereto and made a part hereof (the "Concorde Property").
2. City is the owner of certain real property located in Miami-Dade County
commonly known as the Government Center and more particularly described on Exhibit "B"
attached hereto and made a part hereof (the "City Property").
3. The Concorde Property and the City Property are adjacent to one another.
4. The City wishes to use a portion of the Concorde Property currently improved with
driveway and parking facilities for parking and access to and from the City Property. Concorde has
agreed to convey to the City fee simple title for this parcel, as more particularly described and
shown on Exhibit "C" attached hereto and made a part hereof (" Area 1 ").
5. In exchange for Concorde's conveyance of Area 1 to the City, the City wishes to
convey fee simple title to a small parcel within the City Property to Concorde. This area is currently
improved with driveway and parking facilities, and is more particularly described and shown on
Exhibit "D" attached hereto and a made a part hereof ("Area 2").
6. The City will install an access gate on Area 1 for the purpose of ingress and egress to
and from the Concorde Property for use by the City's or Miami-Dade County's ("County's")
emergency, rescue and government vehicles. Additionally, Concorde has agreed to grant the City
a non-exclusive easement for use by the City's or County's vehicles for ingress and egress to and
from the Concorde Property. This easement will enable the City's vehicles to have faster and more
direct access to and from N.E. 191 Street and Biscayne Boulevard.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Recitals. The foregoing recitals are true, correct and made a part of this Agreement.
2. Exchanl!:e of Parcels. The City and Concorde hereby agree to exchange Area 1 and
Area 2. Area 1 shall be conveyed in fee simple by Concorde to the City by warranty deed_ Area 2
shall be conveyed by the City in fee simple to Concorde by special warranty deed and shall be used
by Concorde for parking and general access to and from the Concorde Property. At the time of the
exchange, the parties will also exchange no-lien atlidavits and Concorde shall comply with the
requirements of Section 196.295, Florida Statutes. In addition, each party shall provide an Opinion
of Title as to Area 1 and Area 2, in a form and substance acceptable to the City Attorney and
Concorde's Attorney.
3. Access to Concorde ProDertv. The City, at its sole cost and expense, shall install
an access gate on Area 1 for the purpose of controlling access between Area 1 and Concorde's
property adjacent thereto. The location of the access gate is shown on Exhibit attached hereto
and made a part hereof Concorde hereby agrees to grant the City, and its agents, employees,
servants, invitees, a non-exclusive easement for access in, over and upon the Concorde Property for
the purpose of providing the City's andlor County's emergency, rescue and government vehicles
and trucks access to and from Area 1 and the City Property, which easement is shown on Exhibit
attached hereto. ,
4. Headinl!:s. The headings in this Agreement are solely for convenience or reference
and shall be given no effect in the construction or interpretation of this Agreement.
5. Jurisdiction and Choice of Law.
5.1. The parties hereto hereby irrevocable consent to the jurisdiction of the courts of the
State of Florida (with venue in Miami-Dade County) and of any federal court located in the State of
Florida in connection with any action or proceeding arising out of or relating to this Agreement.
5.2. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida.
6. Attornev Fees. In the event of any litigation arising out of this Agreement or to
enforce the Agreement, the prevailing party is entitled to recover its reasonable attorney fees and
costs (including fees and cost of any appeals).
7. Third Party Beneficiaries. No person not a party hereto shall be a third party
beneficiary of this Agreement.
[THE REST OF THIS P AGE WAS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day
and year first above written.
CITY:
CITY OF A VENTURA,
a Florida municipal corporation
By:
Eric M. Soroka, City Manager
(MUNICIPAL SEAL)
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
Teresa M. Soroka, CMC/AAE
City Clerk
By:
City Attorney
CONCORDE:
CONCORDE CENTRE II ASSOCIATES,
a Florida joint venture
By:
(CORPORATE SEAL)
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
THIS IS TO CERTIFY, that on this _ day of , 2000, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared , as of CONCORDE
CENTRE II ASSOCIATES, a Florida joint venture, on behalf of the joint venture, who (check
one) [ ] is personally known to me or [ ] produced a drivers license as
identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
THIS IS TO CERTIFY, that on this _ day of , 2000, before me, an
officer duly authorized to take acknowledgements in the State and County aforesaid, personally
appeared ERIC M. SOROKA, City Manager, for the CITY OF A VENTURA, a Florida
municipal corporation, on behalf of the corporation, who (check one) [ ] is personally known to
me or [ ] produced a drivers license as identification.
NOTARY PUBLIC
Print Name:
CITY OF AVENTURA
a1f
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission . . r= l
Eric M. Soroka, Cityrre
December 5, 2000 ",
~ CP~
~/
Lv.,.fiVi$;:Jl,c'
FROM:
DATE:
SUBJECT: Beautification Advisory Board Appointments
The current term of office for members of the Beautification Advisory Board expires
January 4, 2001.
Please forward your nominations for appointment to this Board for the upcoming year to
me by Wednesday, December 20, 2000 so that the Mayor can provide for appointment
at the January 2, 2001 Commission meeting.
{/
~/
)~
~ V/Y\
V~ ~~
V
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ..~ I
Eric M. Soroka, Cityrre
December 5,2000 "',
TO:
DATE:
SUBJECT:
Beautification Advisory Board Appointments
The current term of office for members of the Beautification Advisory Board expires
January 4, 2001.
Please forward your nominations for appointment to this Board for the upcoming year to
me by Wednesday, December 20, 2000 so that the Mayor can provide for appointment
at the January 2, 2001 Commission meeting.
EMS/tms
/
I
, J<^'
I /
,.
/'
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
'\ .
~OfEXcl'~
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCES
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daljy Business
Review ffk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-
Dade county, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
NOTICE IS HEREBY GIVEN that on Tuesday, the 2nd day of January,
2001, at a meeting of the City Commission of the City of Aventura, lobe
held at 6:00 p.m. in the Commission Meeting Room at the Biscayne Medi.
cal Arts Building; 21-H-G Biscaycl9--9oulevarcLSuiteJQ1.......Aventu@LElori.
da, the City Commission will consider the adoption of the following Ordi-
nances on second reading, entitled:
CITY OF AVENTURA
PUBLIC NOTICE OF
PROPOSED ORDINANCES
JANUARY 2, 2001
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY COOE OF THE CITY OF AVENTURA
BY CREATING SECTION 48-20 "PROHIBITION OF RIGHT-OF,
WAY VENDORS AND SOLICITORS ON CERTAIN ROADS" OF
ARTICLE II 'USE OF RIGHT-OF-WAY; PARKING; OTHER
REGULATIONS" OF CHAPTER 48 "VEHICLES; USE OF
RIGHT,OF-WAY; PARKING; AND OTHER REGULATIONS;"
PROHIBITING RIGHT-OF,WAY VENDORS AND SOLICITORS
ON CERTAIN STREETS IN THE CITY; CREATING A DEFINI-
TION FOR THE TERM "RIGHT-OF,WAY VENDOR AND SO-
LICITOR;" PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AP,
PROVING AN AGREEMENT FOR EXCHANGE OF PARCELS
BETWEEN THE CITY OF AVENTURA AND CONCORDE CEN,
TRE II ASSOCIATES; AUTHORIZING THE CITY MANAGER
TO FINALIZE AND EXECUTE THE AGREEMENT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
in the,.. ... ... ...~~?99~.... ...... ..... ... .... Court,
W1f8~'isie~ i,n s~cro"paper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office in Miami in said Miami-Dade
County, Florida, for a perioc1 of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm f corpora. an iscount, rebate, com.
mission or ref for the ose of ecuring this advertise..
ment for pu cali e aid new aper.
The proposed Ordinances may be inspected by the public at the Office
i of the City Clerk; 2999 N.E.191stStreet, Suite 500, Aventura, Florida.ln.
terested parties may appear at the Public Hearing and be heard with re~ .
spect to the proposed Ordinances. Any person wishing to address the
. City Commission on any item at this Public Hearing is asked to register
- with the City Clerk prior to that item being heard.
In accordance with the Americans with Disabilities Act of 1990, all per. .
sons who are disabled and who need special accommodations to partici.
pate in this proceeding because of that disability should contact the Office
of the City Clerk, 305-466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the City Commis.
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a v~rbatim record of the proceedings is made, which
, recor<fIliCtudes th.~t~stimony and evidence upon which the appeal is to
be based. <.X ' ;.':.'
(SEAL)
11/16
"
Teresa M. Soroka. CMG City Clerk
00-4-45/108756M
Octeima v. Ferbeyre personally known to me.
,":<iI1'~ MARIA I. MESA
?f"Ji."l,.\ MY COMMISSION * CC 885640
~~;{! EXPIRES: March 4, 2004
-..-tR!:Qi't#'- Balded ThN NolaIy Public ~ I
_.'..-,."...."..-...,'''":._";''~-::,?
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Dctelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Mlam'"
Dade County, Florida; that the attached copy 01 advertise-
ment, being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING -
APPLICATION NO.:
JAN. 2, 2001
03-VAR-00
in the ,_ ... ... .." ..~.~.~~~.. ..... ...... ........ Court,
wT;~~liS~1 i~ s~6'.trBpaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said MiamI-Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or corporatio iscount, rebate, com-
mission or refu for the 058 of urlng this advertlS&-
ment for pub. alion i aid new per.
.et.""..
..". A.D..".."
................................................
(SEAL) fl!'':t.''iPit;,. MARIA I. MESA
Octolm. V. Forb ?~';A;~I~YM:~ # CC BBS640
~~, E'S': March 4, 2004
....P,f.,~'l'." 8ond€dThruNolaryPtlblk:UndetwrlIirt
\
,
~~~~
---yofli
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, January 2, 2001
6:00 p.m.
Applicant Name: Landmark Club Condominium Association, Inc.
Applicant's Reqt.iest: The applicant is requesting a variance from Sec-
tion 31-172(c)(2) of the City's Land Development
Regulations to allow the following:
1 }----ADille (~) foot _ dJivewa~aLatio.o q~!ween th_e _
ingress drive for Landmark Condominium and
the ingress/egress drive for Terraces of Turnber-
ry where driveways for multi-family residential
parcels on collector roads shall be separated by
no less than 150 feet; and
2) A 118 foot separation between the ingress drive
and the egress drive of Landmark Condominium
where driveways for multi-family residential par-
cels on collector roads shall be separated by no
less than 150 feet.
Application Number: 03-VAR-00
Location Of Subject Property: 20185 East Country Club Drive
Legal Description: Portions of Tract L of AVENTURA FIFTH ADDI-
TION, according to the Plat Book 116 at page 39
of the Public Records of Dade County. (This is a
partial description. You may contact the Commu-
nity Development Department for a full legal de-
scription).
Size of Subject Property: 2.503 Acre----s.---n--
Plans are on file and may be examined during regular busin~ss hours in
the City of Aventura, Community Development Department, 2999 NE 191
Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or
before the Public Hearing. The application may change during the hearing
process.
The Public Hearing will be held at Biscayne Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Ayentura, Florida, 33180. Your
comments may be made in person at the hearing or filed in writing prior to
the hearing date. Refer to applicant/property on correspondence and mail
same to City of Aventura, Community Development Department, 2999
NE 191 Street, Suite 500, Aventura, Florida, 33180. For further infonna.
tion, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of that disability should contact the Office
of the City Clerk, 466-8901, not latei' than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such 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.
12121
Teresa M. Soroka, CMC, City Clerk
00,3,66/118491 M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review flkla Miami Review, a dally (except Saturday. Sunday
and Legal Holidays) newspaper, published at Miami in MiamI-
Dade County, Florida; that the attached copy of advertise-
ment, being a legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - JAN. 2, 2001
APPLICATION NO.: 04-VAR-99/
01-CU-99/02-AR-99
in the............ ~~.~.~.~...................... Court,
W'l'l~~IiS~f i~ s"!O'O"'dpaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-
Dade county, Florida, and that the said newspaper has
heretofore been continuously published In said Miami-Dade
county, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
mailer at the post office in Miami in said Miami-Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or_ corporation - count, rebate, com-
mission or refu or the R se of urlng this advertise-
ment for pub!" lio t d news er.
"...".., A.D..."."
(SEAL) ,1Jfi.'''!;;:" MARIA I. MESA
Octolma V. Ferb' ~l~:.~lwrw.Q~' CC 885640
..,":~\~~ IIAtt:'~:falch 4, 2004
'~"hf.,r,.%'" BOIldat1 ThrJ Notary Pubiic Und~IWrit(11"!
.... ~
~...- -- u.e\~
C'b-o o.Ji::<<<
CITY OF AVENTURA
Date and Time of Public Hearing: Tuesday, January 2,2001
6:00 p_m.
Applicant Name: Kenneth Marlin
Applicant's Request: The applicant is requesting the following mod,ifi-
cations for revision to approvals granted through
Resolution # 99-39, passed and adopted -by the
City Commission on August 3, 1999:
1) A modification to the parking space variance to
provide 123 off-street parking spaces, where 130
off-street parking spaces are required by Section
31.171 (b)(8) of the City's Land Development
Regulations. The original variance approved 112
off-street parking spaceswhere 130 spaces were
required by the City's Code.
2) Deletion of the Conditional Use approval to allow
two (2) drive-through teller lanes at a bank on the
ground floor of a proposed building.
3) Modification of Condition No. 4 of Section 4
which required eight (8) on-street parallel parking
spaces along East Dixie Highway, adjacent to the
site, where seven (7) parallel parking spaces are
provided.
4) Deletion of Condition No.8 of Section 4 which re-
quired the applicant to prepare and record a cov-
enant' stating that medical office use would not
exceed 60% of the total office US~ in the build-
ing.
Application Number: 04-VAR.99/ 01-CU-99 / 02.AR-99
Location Of Subject Property: Between NE 206 and NE 207 Street,
east of East Dixie Highway
Legal Description: Lots 12 through 30, Block 8 of HALLANDALE
PARK NO.8 according to the plat thereof, as re-
corded in Book 20, Page 49 of the public records
of Miami-Dade County, Florida
Size of Subject Property: 4.26 acres
Plans are on file and may be examined during regular business hours in
the City of Aventura, Community Development Department, 2999 NE 191
Street. Suite 500, Aventura, Florida, 33180, Plans may be modified at or
before the Public Hearing. The application may change during the hearing
process.
_-.I_he _ PU2!!c ~_~arinJL~!_1 be held_~! Biscayne M_~dic~1 A~s~~i1d~9,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your
comments may be made in person at the hearing or filed in writing prior to
the hearing date. Refer to applicant/property on correspondence and mail
same to City of Aventura, Community Development Department, 2999 .
NE 191 Street, Suite 500, Aventura, Florida, 33180. For further informa-
tion, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of that disability should contact the Office
of the City Clerk, 466-8901, not later than two business days prior to such
proceedings.
.-If a person decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such 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.
12/21
Teresa M. Soroka, CMC, City Clerk
00'3,67/118492M
LAW OFFICES
ROSENTHAL
ROSENTHAL
RASCO
/'-- I
,R{{I
Aputx'I~l1lpor~A56odal101'Is
EDUARDO I. I\ASCO
A.lAN S.1l0SENTHAL
KEIlRY E. ROSENTHAI.
STAC H. GENET
JESSICA I!' LASSMAN
GARY IAN NESBITT
January 2, 2001
FACSIMILE NUMBER: 305-466-8919
Mr. Eric Soroka
City Manager
CITY OF A VENfURA
2999 N. E. 191 st Street
Suite 500
Aventura, Florida 33180
OP COUNSEL
mOME s. HOllO
JORGE LUIS WOLF
Re: Landmark Club Condominium Association, Ine, - Terraces
City of A ventura - Zoning Application
Dear Eric:
This office represents the Applicant, Landmark Club Condominium Association, Inc.
Subsequent to the November Commission meeting this office has endeavored to resolve the
issues between Terraces and Landmark, and as you are aware, we have had several meetings with
your staff, your office, the City engineers, and the parties. We believe that we have effectuated
an agreement that is acceptable to all parties, however, that agreement has not been finalized nor
codified.
Predicated upon the foregoing, this letter will serve as a request on behalf of the Applicant to
defer this matter until further notice so that the proposed settlement may be finalized,
Your courtesy and cooperation in this regard will be appreciated, and thanking you for your
efforts in attemptine to resolve this matter I remain,
BY
Sincerely,
ASR:cw
nlfnberry Pi.... SUire 500.2875 North"""' 191st Srreet.AVentUra, Florida 33180
305.937.0300 / Po><: 305.937.1311/ E<rlal1: 1...,of!lcc,@aoLcom
Walter G. and Carol F. Zinman
20191 EastCounbyClubDlive u
1\partmenl2405
Aventura FL 33180-3022
DEe 2 8 2lJOO
December 26, 2000
City of Aventura
Community Development Department
2999 NE 191 Street
Aventura FL 33180
Pvr]
{bwvJ.~
Reference: Application Number 03-VAR-00
Dear Sir or Madam:
Please be advised that we are strongly opposed to the subject variance because we fear that having
two driveways only nine feet apart will invariably lead to accidents. For example vehicles making
left hand turns into the Landmark and vehicles making right hand turns into the Terraces will
easily collide.
Sincerely,
(/) ,A-I..'
,t.,~ -.JJ 1/ J ~~
\.,-~ ;-
I:;L/;P4~
Walter G. Zinman
=~ CATEGoRY
K.~v'f;)ED af
f'l\ec:+'j 7 F
General Fund - 001
1"'-
~I).
BUDGET
199t1OO
~Q.
AMOUNT
.1999100
8lM$ED
BuIJOET
REVENUES
LC)QIIIy Levied Tax..
3142000 UUIIly Tax. Telecommunications
SUBTOTAL
Lic:enlIee & Permits
3211000 OccupIlCIon8IlJcenses
3221000 Bulldtng Permits
SUBTOTAL
Intergovernmental Revenues
3312910 FEMA Relmbunaernenta
SUBTOTAL
CluJ... for Servlc.
3471000 RecICuItunII Events
3426000 Development Review Fees
Total Amendment Revenues
EXPENDITURES
1201
4710
City Manaaer
SalarIes & Wages
NewIeIt8r COlt
Subtotal
1201
4610
5220
PubHc SafetyIPoIIce
SabI..... & Wages
Repair & M81nt-Vehldes
Gas & 011
Subtotal
755,000
157,000
912.000
~:[l~l~HmU~:~lumm~~jHum:~:~m~~.m~:mm~:m:..~:~~j~~~m~~~~ij~j~
558,000
813,000
60,000
403,852
618,000
1,218,852
j:~)lW:::~:~limMm;~:~;\:m:~j~~m;::~nn:..~;:;mim~::::[~mm~:::i1~~:
o
106,000
106,000
ji *i~ii[!miini~i~! HNmCiH~~~iHnH *Hi[:imi!:H~~.._i~CHii)H~IU:i~:!):![~.tij~
.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.;.:.;.:.:.:.:.:.:.:.:.; .-:.:.:.:.:.:.:.:.:.;.:~:.:~:~:;:.:;:;:;:;:;;.;.:;::~;;;:;:;:;
35,000
30,000
15,000
SO,OOO
so.ooo
80,000
j~~jmmm:~]t.Hm~:m:m:j;:H:~;~~~~~:m~.wmm:mHmH..Hm~j:~~j~j~:,,~~"!~f
i~..j~j~:::i:~ :i:~:mM~~
$ 283,357 2,633 285,990
32,000 10,300 42,300
ij*HmtHt~~~)HHWH"l~j?H?H~~~1im?HHHH"CiHHH:H~H
3,435,449 22,233 3,467,682
80,000 27,000 87,000
60,000 25,000 85,000
~~*jH:j~:!:~i__HiHj.:mH~m"jHUWii!i:jn~jHH/):~Hi$i~:~iH~in$i~ii
1201
3101
3190
1201
3155
3450
3480
4311
4672
4691
-
4861
Community Develooment
_&W_
Bulldlng Inspection Services
Ptuf~1onaI Serv..other
Su_1
Community Services
S_&W_
Cultural Conl8r FGRSlbll1ty Study
LandseapelTrue M-...nce-st.
S~_MalnL
lJtII~Llghts
R&M-Porlus
R&M-S_
Speclol evenl8
Cultul1lllRoc Progl1ll1l8
Subtotal
Total Amendment-Expenditures
381,180
650,000
20,000
,,~:HH:,,:t~l~~L . . . ,
363,474
o
750,000
100,000
60,000
25,000
30,000
511,000
30,000
Ii >:n'j~t,e
1,203
250,000
26,000
'.:.:..".::.:.::: "';;;;;O'@"
'::~~!f!'l'::,
382,383
900,000
45,000
"::::H~::::::::t#i';~::
2,103 385,sn
27,380 27,380
140,000 890,000
100,000 200,000
30,000 90,000
20,000
25,000
40,000
44.000
H::nji::::::~... .
45,000
55,000
95,000
74,000
n$::::j~lmn
:."',::m@
Police Off Duty Services Fund
1999100 1999100
APOPTED AMENDED
BUDGET AMOUNT
OBJECT
CODE CATEGORY
1999100
REVISED
BUDGET
REVENUES
ChorAes for Services
3421100 Police 011 Duty BIlling
SUBTOTAL
Total Amendment Revenues
EXPENDITURES
1420
2101
2401
PubllcSofetv 08_
Off Duty Ootoll
FICA T_
Workers Compensollon
Su_1
Total Amendment Expenditures
383,000
87,000
470,000
$ '-"'-':Oi;i;i'i;;;i;i"
",,.,::U::'~=::
$ :::::~~
330,000
27,000
26,000
'$"n~~~:
:$:::l#'~
70,000
S,OOO
12,000
400,000
32,000
38,000
$"'>:~~:
n~::::.l#'~
$>U~7!,*
.........-...-.'.'...........
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